Page:United States Statutes at Large Volume 88 Part 1.djvu/756

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PUBLIC LAW 93-383-AUG. 22, 1974

[88 STAT.

INSPECTION FEES 42 USC 5419.

SEC. 620. I n carrying out the inspections required under this title, the Secretary may establish and impose on mobile home manufacturers, distributors, and dealers such reasonable fees as may be necessary to offset the expenses incurred by him in conducting such inspections, except that this section shall not apply in any State which has in effect a State plan under section 623. PENALTIES ON INSPECTIONS

42 USC 5420.

SEC. 621. Any person, other than an officer or employee of the United States, or a person exercising inspection functions under a State plan pursuant to section 623, who knowingly and willfully fails to report a violation of any construction or safety standard established under section 604 may be fined up to $1,000 or imprisoned for up to one year, or both. PROHIBITION ON WAIVER OF RIGHTS

42 USC 5421.

SEC. 622. The rights afforded mobile home purchasers under this title may not be waived, and any provision of a contract or agreement entered into after the enactment of this title to the contrary shall be void. STATE JURISDICTION; STATE PLANS

42 USC 5422.

SEC. 623. (a) Nothing in this title shall prevent any State agency or court from asserting jurisdiction under State law over any mobile home construction or safety issue with respect to which no Federal mobile home construction and safety standard has been established pursuant to the provisions of section 604. Enforcement (b) Any State which, at any time, desires to assume responsibility standards plan, sub'i^7tar t*^'Sec- for enforcement of mobile home safety and construction standards ••etary. relating to any issue with respect to which a Federal standard has been established under section 604, shall submit to the Secretary a State plan for enforcement of such standards. Approval. (c) The Secretary shall approve the plan submitted by a State under subsection (b), or any modification thereof, if such plan in his judgment— (1) designates a State agency or agencies as the agency or agencies responsible for administering the plan throughout the State; (2) provides for the enforcement of mobile home safety and construction standards promulgated under section 604; (3) provides for a right of entry and inspection of all factories, warehouses, or establishments in such State in which mobile homes are manufactured and for the review of plans, in a manner which is identical to that provided in section 614; (4) provides for the imposition of the civil and criminal penalties under section 611; (5) provides for the notification and correction procedures under section 615; (6) provides for the payment of inspection fees by manufacturers in amounts adequate to cover the costs of inspections; (7) contains satisfactory assurances that the State agency or agencies have or will have the legal authority and qualified personnel necessary for the enforcement of such standards; (8) give satisfactory assurances that such State will devote adequate funds to the administration and enforcement of such standards;

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