House Bill Creates Consensus Process for Manufactured Housing Regulation
April 1998
Since 1995, 26 members of the CABO Manufactured Housing Construction
and Safety Standards (MHCSS) Consensus Committee have been dedicated
to updating and improving standards for the construction of manufactured
housing. This strong show of support by industry, regulators,
and consumers for the use of private sector standards in the
federal government has continued despite the fact that HUD has
not committed to considering the committee's recommendations
to update the preemptive Federal law.
Consensus Process Proposed
The Manufactured Housing Improvement Act (HR 3634), introduced
by Rep. Rick Lazio on April 1, 1998, proposes the use of a consensus
committee to advise HUD in the Federal regulation of manufactured
housing. In its title, HR 3634 intends "to modernize the
requirements under the National Manufactured Housing Construction
and Safety Standards Act of 1974 and to establish a balanced
consensus process for the development, revision, and interpretation
of Federal construction and safety standards for manufactured
homes."
The bill proposes revisions to Section 604 of the Act (42
U. S. C. 5401) that would establish a 25-member consensus committee,
with one nonvoting member from HUD. The committee would be responsible
for submitting recommendations to the Secretary of HUD for developing,
amending, and revising both the Federal MHCSS and the enforcement
regulations. A Notice of the committee's recommendations would
be published in the Federal Register for public review and comment
prior to submission to the Secretary.
2-Year Cycle Established
Under the terms of the agreement with HUD, the consensus committee
would be required every two years to review both the Federal
MHCSS and the Procedural and Enforcement Regulations, and submit
proposed revisions to HUD. Within 12 months, the Secretary must
either adopt, modify, or reject the committee's recommendations.
The recommendations would be considered adopted if the Secretary
fails to act within the 12-month period.
The committee would be further authorized to administer a
process to interpret the standards and provide recommendations
for the enforcement regulations. Interpretive bulletins are currently
utilized by the Secretary to clarify the meaning of any technical
or procedural requirement. HR 3634 proposes two significant roles
for the committee: (1) review of bulletins proposed by the Secretary,
and (2) authority to develop and submit a bulletin to the Secretary
for consideration.
The bill designates CABO as the initial organization to administer
the consensus committee for a period of four years. After four
years, the agreement would be competitively awarded to a qualified
technical or building code organization.
The bill would also abolish the current National Manufactured
Home Advisory Council which was originally established to review
proposed requirements. Based on the establishment of the consensus
committee, the Council would no longer be necessary.
CABO Supports Bill
CABO supports the proposed legislation because it would bring
about improved public health, life safety, and welfare in manufactured
homes by ensuring a balanced consensus process to maintain and
update technical standards. The use of the consensus committee
to develop recommendations for technical requirements gives consumers,
state and local building code officials, manufacturers and others
a key role in establishing these regulations. This can only lead
to a high standard of protection for the public.
©1998 Council of American Building
Officials
The CABO Newsletter
Volume 5 Number 1
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