§ 1735f-4. — Minimum property standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1735f-4]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
SUBCHAPTER V--MISCELLANEOUS
Sec. 1735f-4. Minimum property standards
(a) To the maximum extent feasible, the Secretary of Housing and
Urban Development shall promote the use of energy saving techniques
through minimum property standards established by him for newly
constructed residential housing, other than manufactured homes, subject
to mortgages insured under this chapter. Such standards shall establish
energy performance requirements that will achieve a significant increase
in the energy efficiency of new construction. Such requirements shall be
implemented as soon as practicable after November 9, 1978. Following
November 30, 1983, the energy performance requirements developed and
established by the Secretary under this subsection for newly constructed
residential housing, other than manufactured homes, shall be at least as
effective in performance as the energy performance requirements
incorporated in the minimum property standards that were in effect under
this subsection on September 30, 1982.
(b) The Secretary may require that each property, other than a
manufactured home, subject to a mortgage insured under this chapter
shall, with respect to health and safety, comply with one of the
nationally recognized model building codes, or with a State or local
building code based on one of the nationally recognized model building
codes or their equivalent. The Secretary shall be responsible for
determining the comparability of the State and local codes to such model
codes and for selecting for compliance purposes an appropriate
nationally recognized model building code where no such model code has
been duly adopted or where the Secretary determines the adopted code is
not comparable.
(June 27, 1934, ch. 847, title V, Sec. 526, as added Pub. L. 93-383,
title III, Sec. 305, Aug. 22, 1974, 88 Stat. 678; amended Pub. L. 95-
619, title II, Sec. 252(a), Nov. 9, 1978, 92 Stat. 3236; Pub. L. 96-399,
title III, Sec. 326(e), Oct. 8, 1980, 94 Stat. 1650; Pub. L. 98-181,
title IV, Sec. 405, Nov. 30, 1983, 97 Stat. 1210; Pub. L. 98-479, title
I, Sec. 104(a)(6), Oct. 17, 1984, 98 Stat. 2225.)
Amendments
1984--Pub. L. 98-479 substituted ``Minimum property standards'' for
``Promotion of energy saving techniques by Secretary of Housing and
Urban Development of insured housing'' in section catchline.
1983--Subsec. (a). Pub. L. 98-181 designated existing provision as
subsec. (a), inserted ``, other than manufactured homes,'' after
``housing'', inserted provision that the energy performance requirements
developed for newly constructed residential housing, other than
manufactured homes, be at least as effective in performance as the
energy performance requirements incorporated in the minimum property
standards in effect Sept. 30, 1982, and added subsec. (b).
1980--Pub. L. 96-399 struck out ``, until such time as the energy
conservation performance standards required under the Energy
Conservation Standards for New Buildings Act of 1976 become effective''
in second sentence.
1978--Pub. L. 95-619 inserted provision requiring that the minimum
property standards established by the Secretary under this section were
to contain energy performance requirements to achieve a significant
increase in the energy efficiency of new construction.
Section Referred to in Other Sections
This section is referred to in sections 1715z-13a, 1715z-13b of this
title; title 42 section 1479.
