Current through Register Vol. 51, No. 19, September 20, 2024
A.
General. The Federal Act gives the U.S. Department of Housing and Urban
Development (HUD) complete jurisdiction over the design and construction of
manufactured homes, effective June 15, 1976. The Federal Act supersedes all
state laws on this subject. All manufactured home units manufactured after the
effective date of the Federal Act shall bear the HUD label to be lawfully sold
anywhere in the United States.
B.
Authority of the Department. The Department is a State Administrative Agency
pursuant to the Federal Act, authorized to administer and enforce the federal
program in the State. The powers and responsibilities of the Department are set
forth in Public Safety Article, §12-312, Annotated Code
of Maryland.
C. Manufactured Homes
Not Bearing HUD Label. A person may not sell or offer for sale to the first
user in Maryland any manufactured home that is manufactured after January 1,
1973, unless it bears the insignia of the Department or is certified and
labeled under the Federal Act.
E. Manufactured Home
Installation.
(1) Stabilizing devices for
manufactured homes bearing HUD labels shall be installed in accordance with the
manufacturer's installation instructions provided with the unit pursuant to
§ 3280.306 of the federal Regulations.
(2) When the information for stabilizing
device materials is not provided in the manufacturer's installation
instructions, the materials shall be as approved by the local enforcement
agency.
(3) When a manufactured
home is located in an area subjected to frost heave, the footings and
load-carrying portion of the ground anchors shall extend below the frost line
or as per the requirements established by the local enforcement
agency.
F. Enforcement
Generally. Enforcement shall be in accordance with the Federal Regulations,
codified at 24 CFR Part 3282, Subpart G.
G. Enforcement in Localities.
(1) Manufactured homes bearing the HUD label
shall be acceptable in all localities as meeting the requirements of the Act,
and shall be acceptable as meeting the requirements of safety to life, health,
and property imposed by any local enforcement agency in this State without
further investigation, testing, or inspection.
(2) Notwithstanding §G(1) of this
regulation, local enforcement agencies are responsible for the following
functions with respect to manufactured homes bearing the HUD labels:
(a) Verification that the unit has not been
damaged in transit;
(b)
Verification that the unit bears the HUD label and all other pertinent
documents, including consumer manuals, installation manuals, and record of
purchase cards provided with the unit pursuant to the Federal
Regulations;
(c) Inspection and
verification to assure that the unit is installed in accordance with these
regulations; and
(d) Inspection of
manufactured home alteration and add-ons to ensure that they do not cause a
failure of the manufactured home to conform with the Federal
Regulations.
(3) Local
enforcement agencies may enforce local requirements for zoning, fire limits or
fire districts, utility connections, site preparation and issuance of all
required permits.
(4) Action Upon
Violation.
(a) When the local enforcement
agencies find violations of the Federal Regulations concerning construction of
the manufactured homes, they shall forward notice of these violations to the
Department.
(b) When damage is
discovered or suspected, local enforcement agencies may require tests on
plumbing, fuel burning, and electrical systems to determine the extent of
damage.
(c) If it is determined
that manufactured home installations, alterations, or add-ons are not in
accordance with this chapter, local enforcement agencies are responsible for
ensuring that the unit is brought into compliance. Local enforcement agencies
may refer apparent violations of this chapter to the appropriate State's
attorney for enforcement of the Act.
H. Restrictions on Distributors and Dealers.
(1) Alterations. A distributor or dealer may
not perform or cause to be performed any alteration affecting any requirements
of the Federal Regulations, without approval of the local enforcement agency.
In handling and approving dealer requests for alterations, the local
enforcement agency may be assisted by the Department.
(2) Prohibited Sale. A distributor or dealer
may not offer for sale any manufactured home containing any violation of the
Federal Act or Federal Regulations.
