Resolution for Consideration From the NCSBCS Factory-Built Structures Committee By The NCSBCS Delegates and Voting Members On the States' Role In The Federal Manufactured Housing Construction and Safety Standard Program

"Resolved the 24th Day of February, 2000"

Whereas, in 1967, the nation’s governors founded the National Conference of States on Building Codes and Standards, Inc. (NCSBCS), to assist the States in enhancing their building code and public safety programs and provide a forum through which the States can work together on national issues; and

Whereas, in recognition of that founding purpose, the National Governors’ Association (NGA) and NCSBCS entered into an agreement whereby NCSBCS provides technical assistance to NGA on building code and public safety issues; and

Whereas, through NCSBCS, in coordination with Federal agencies and the nation’s construction community, the States developed in the late 1960s and early 1970s a campaign to help the States adopt building regulatory programs for manufactured housing and other buildings; and

Whereas, in the early 1970s, NCSBCS worked with its members to develop and adopt uniform regulatory programs for manufactured homes and later interstate reciprocity agreements for such buildings; and

Whereas, in light of the inability of many States to adopt such programs and to enter into reciprocity agreements, the U.S. Congress in 1974 passed Federal legislation preempting State regulation of manufactured homes but involving the States to the fullest extent possible in designing and participating as partners with the U.S. Department of Housing and Urban Development (HUD) in the oversight and enforcement of the Federal law; and

Whereas, since the Federal Manufactured Housing Program became operational in 1976, HUD and the States, individually and collectively through NCSBCS, have worked together to oversee and operate a national regulatory program under which over seven million manufactured homes have been produced, purchased, and installed throughout the nation; and

Whereas, in 1998, legislation was introduced in the U.S. Congress by the manufactured housing industry with little or no input from the States or consumer organizations which, if adopted and enacted into law, would have significantly weakened consumer protection and reduced both the States’ and the Federal government’s partnership roles in the Federal program; and

Whereas, the States, individually and through NCSBCS and NGA, recognize the genuine need for updating the 1974 Federal Act to enhance the program’s effectiveness in protecting consumers, and believe that "good governance" requires that any such changes to the Federal Act must be generated out of a true consensus process involving all stakeholders including consumers, the States, HUD, and industry; and

Whereas, during 1999 further initiatives have been undertaken by various stakeholders to amend that legislation without state input, and to influence HUD to unilaterally take other actions to reduce the States’ role in the program; and

Whereas, the NCSBCS Factory-Built Structures Committee is charged with discussing issues of national interest in the factory-built construction field;

And whereas NCSBCS completed a report describing the nature of the States’ partnership role in the Federal program in August 1999, which was recommended by the NCSBCS Factory-Built Structures Committee on November 6, 1998 at their meeting in Dana Point, California.

Now, Therefore, Be It Resolved that the NCSBCS Delegate Body hereby endorses the following Committee’s recommendations that the States:

1. Express to the Secretary of the U.S. Department of Housing and Urban Development (HUD) that the Federal Manufactured Housing Program is a partnership between HUD and the States, and that the Secretary should obtain input from the States regarding their views with respect to the industry-sponsored legislation currently before Congress; and

2. Express to the Secretary a need for an immediate action and then a regular exchange of views between HUD and the States regarding the operational aspects of this program since the current act states that the enforcement of the Federally-preemptive standards is the responsibility of the States; and

3. Express to the Secretary the need for him to establish a formal mechanism where States’ views and input regarding enforcement issues and inspection activities are obtained and incorporated in HUD’s overall superintendence of this program.

Resolved this 24th Day of February.