Page:United States Statutes at Large Volume 88 Part 1.djvu/754

 710

PUBLIC LAW 93-383-AUG. 22, 1974

[88 STAT.

at no cost to the owner of the mobile home under subsection (g) or otherwise, or is a defect which must be corrected at the expense of the owner. ti^n°s"'tTdeaL"rs, (^) Every manufacturer of mobile homes shall furnish to the Secrecopies to secre- t a r j a true or representative copy of all notices, bulletins, and other ^^'•y* communications to the dealers of such manufacturer or purchasers of mobile homes of such manufacturer regarding any defect in any dit" k)'^^rl'°ex- ^^^^ mobile home produced by such manufacturer. The Secretary shall ception. ' disclose to the public so much of the information contained in such notices or other information obtained under section 614 as he deems will assist in carrying out the purposes of this title, but he shall not disclose any information which contains or relates to a trade secret, or which, if disclosed, would put such manufacturer at a substantial competitive disadvantage, unless he determines that it is necessary to carry out the purposes of this title. (e) If the Secretary determines that any mobile home— (1) does not comply with an applicable Federal mobile home construction and safety standard prescribed pursuant to section 604; or (2) contains a defect which constitutes an imminent safety hazard, Notice. then he shall immediately notify the manufacturer of such mobile home of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon Opportunity to ^hlch the fiudiugs are based. The Secretary shall afford such manupresen views. facturcr au opportuuity to present his views and evidence in support thereof, to establish that there is no failure of compliance. If after such presentation by the manufacturer the Secretary determines that such mobile home does not comply with applicable Federal mobile home construction or safety standards, or contains a defect which constitutes an imminent safety hazard, the Secretary shall direct the manufacturer to furnish the notification specified in subsections (a) and (b) of this section. chase°s'^ °^ ^'"^' (^) Every manufacturer of mobile homes shall maintain a record of the name and address of the first purchaser of each mobile home (for purposes other than resale), and, to the maximum extent feasible, shall maintain procedures for ascertaining the name and address of any subsequent purchaser thereof and shall maintain a record of names and addresses so ascertained. Such records shall be kept for each home produced by a manufacturer. The Secretary may establish by order procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information required by this subsection. Such procedures shall be reasonable for the particular type of mobile home for which they are prescribed. Notice of de(g) A manufacturer required to furnish notification of a defect feet under subsection (a) or (e) shall also bring the mobile home into compliance with applicable standards and correct the defect or have the defect corrected within a reasonable period of time at no expense to the owner, but only if— (1) the detect presents an unreasonable risk of injury or death to occupants of the affected mobile home or homes; (2) the defect can be related to an error in design or assembly of the mobile home by the manufacturer, PT°sent^views^° '^^^ Secretary may direct the manufacturer to make such corrections after providing an opportunity for oral and written presentation of views by interested persons. Nothing in this section shall limit the rights of the purchaser or any other person under any contract or applicable law.

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