[Title 24 CFR XX]
[Code of Federal Regulations (annual edition) - May 1, 2001 Edition]
[Title 24 - HOUSING AND URBAN DEVELOPMENT]
[Subtitle B - Regulations Relating to Housing and Urban Development]
[Chapter Xx - OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING]
[From the U.S. Government Printing Office]
24HOUSING AND URBAN DEVELOPMENT52001-05-012001-05-01falseOFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSINGXXCHAPTER XXHOUSING AND URBAN DEVELOPMENTRegulations Relating to Housing and Urban Development
CHAPTER XX--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING
COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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Part Page
3280 Manufactured home construction and safety
standards............................... 107
3282 Manufactured home procedural and enforcement
regulations............................. 197
3500 Real Estate Settlement Procedures Act....... 248
3800 Investigations in consumer regulatory
programs................................ 307
[[Page 107]]
PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS--Table of Contents
Subpart A--General
Sec.
3280.1 Scope.
3280.2 Definitions.
3280.3 Manufactured home procedural and enforcement regulations and
consumer manual requirements.
3280.4 Incorporation by reference.
3280.5 Data plate.
3280.6 Serial number.
3280.7 Excluded structures.
3280.8 Waivers.
3280.9 Interpretative bulletins.
3280.10 Use of alternative construction.
3280.11 Certification label.
Subpart B--Planning Considerations
3280.101 Scope.
3280.102 Definitions.
3280.103 Light and ventilation.
3280.104 Ceiling heights.
3280.105 Exit facilities; exterior doors.
3280.106 Exit facilities; egress windows and devices.
3280.107 Interior privacy.
3280.108 Interior passage.
3280.109 Room requirements.
3280.110 Minimum room dimensions.
3280.111 Toilet compartments.
3280.112 Hallways.
3280.113 Glass and glazed openings.
Subpart C--Fire Safety
3280.201 Scope.
3280.202 Definitions.
3280.203 Flame spread limitations and fire protection requirements.
3280.204 Kitchen cabinet protection.
3280.205 Carpeting.
3280.206 Firestopping.
3280.207 Requirements for foam plastic thermal insulating materials.
3280.208 Fire detection equipment.
3280.209 Fire testing.
Subpart D--Body and Frame Construction Requirements
3280.301 Scope.
3280.302 Definitions.
3280.303 General requirements.
3280.304 Materials.
3280.305 Structural design requirements.
3280.306 Windstorm protection.
3280.307 Resistance to elements and use.
3280.308 Formaldehyde emission controls for certain wood products.
3280.309 Health Notice on formaldehyde emissions.
Subpart E--Testing
3280.401 Structural load tests.
3280.402 Test procedure for roof trusses.
3280.403 Standard for windows and sliding glass doors used in
manufactured homes.
3280.404 Standard for egress windows and devices for use in
manufactured homes.
3280.405 Standard for swinging exterior passage doors for use in
manufactured homes.
3280.406 Air chamber test method for certification and qualification of
formaldehyde emission levels.
Subpart F--Thermal Protection
3280.501 Scope.
3280.502 Definitions.
3280.503 Materials.
3280.504 Condensation control and installation of vapor retarders.
3280.505 Air infiltration.
3280.506 Heat loss/heat gain.
3280.507 Comfort heat gain.
3280.508 Heat loss, heat gain and cooling load calculations.
3280.509 Criteria in absence of specific data.
3280.510 Heat loss certificate.
3280.511 Comfort cooling certificate and information.
Subpart G--Plumbing Systems
3280.601 Scope.
3280.602 Definitions.
3280.603 General requirements.
3280.604 Materials.
3280.605 Joints and connections.
3280.606 Traps and cleanouts.
3280.607 Plumbing fixtures.
3280.608 Hangers and supports.
3280.609 Water distribution systems.
3280.610 Drainage systems.
3280.611 Vents and venting.
3280.612 Tests and inspection.
Subpart H--Heating, Cooling and Fuel Burning Systems
3280.701 Scope.
3280.702 Definitions.
3280.703 Minimum standards.
3280.704 Fuel supply systems.
3280.705 Gas piping systems.
3280.706 Oil piping systems.
3280.707 Heat producing appliances.
3280.708 Exhaust duct system and provisions for the future installation
of a clothes dryer.
3280.709 Installation of appliances.
3280.710 Venting, ventilation and combustion air.
3280.711 Instructions.
3280.712 Marking.
3280.713 Accessibility.
3280.714 Appliances, cooling.
3280.715 Circulating air systems.
[[Page 108]]
Subpart I--Electrical Systems
3280.801 Scope.
3280.802 Definitions.
3280.803 Power supply.
3280.804 Disconnecting means and branch-circuit protective equipment.
3280.805 Branch circuits required.
3280.806 Receptacle outlets.
3280.807 Fixtures and appliances.
3280.808 Wiring methods and materials.
3280.809 Grounding.
3280.810 Electrical testing.
3280.811 Calculations.
3280.812 Wiring of expandable units and dual units.
3280.813 Outdoor outlets, fixtures, air conditioning equipment, etc.
3280.814 Painting of wiring.
3280.815 Polarization.
3280.816 Examination of equipment for safety.
Subpart J--Transportation
3280.901 Scope.
3280.902 Definitions.
3280.903 General requirements for designing the structure to withstand
transportation shock and vibration.
3280.904 Specific requirements for designing the transportation system.
Authority: 42 U.S.C. 3535(d), 5403, and 5424.
Source: 40 FR 58752, Dec. 18, 1975, unless otherwise noted.
Redesignated at 44 FR 20679, Apr. 6, 1979.
Subpart A--General
Sec. 3280.1 Scope.
This standard covers all equipment and installations in the design,
construction, transportation, fire safety, plumbing, heat-producing and
electrical systems of manufactured homes which are designed to be used
as dwelling units. This standard seeks to the maximum extent possible to
establish performance requirements. In certain instances, however, the
use of specific requirements is necessary.
[58 FR 55002, Oct. 25, 1993]
Sec. 3280.2 Definitions.
Definitions in this subpart are those common to all subparts of the
standard and are in addition to the definitions provided in individual
parts. The definitions are as follows:
Approved, when used in connection with any material, appliance or
construction, means complying with the requirements of the Department of
Housing and Urban Development.
Bay window--a window assembly whose maximum horizontal projection is
not more than two feet from the plane of an exterior wall and is
elevated above the floor level of the home.
Certification label means the approved form of certification by the
manufacturer that, under Sec. 3280.8, is permanently affixed to each
transportable section of each manufactured home manufactured for sale in
the United States.
Dwelling unit means one or more habitable rooms which are designed
to be occupied by one family with facilities for living, sleeping,
cooking and eating.
Equipment includes materials, appliances, devices, fixtures,
fittings or accessories both in the construction of, and in the fire
safety, plumbing, heat-producing and electrical systems of manufactured
homes.
Federal manufactured home construction and safety standard means a
reasonable standard for the construction, design, and performance of a
manufactured home which meets the needs of the public including the need
for quality, durability, and safety.
Installations means all arrangements and methods of construction, as
well as fire safety, plumbing, heat-producing and electrical systems
used in manufactured homes.
Labeled means a label, symbol or other identifying mark of a
nationally recognized testing laboratory, inspection agency, or other
organization concerned with product evaluation that maintains periodic
inspection of production of labeled equipment or materials, and by whose
labeling is indicated compliance with nationally recognized standards or
tests to determine suitable usage in a specified manner.
Length of a manufactured home means its largest overall length in
the traveling mode, including cabinets and other projections which
contain interior space. Length does not include bay windows, roof
projections, overhangs, or eaves under which there is no interior space,
nor does it include drawbars, couplings or hitches.
[[Page 109]]
Listed or certified means included in a list published by a
nationally recognized testing laboratory, inspection agency, or other
organization concerned with product evaluation that maintains periodic
inspection of production of listed equipment or materials, and whose
listing states either that the equipment or material meets nationally
recognized standards or has been tested and found suitable for use in a
specified manner.
Manufacturer means any person engaged in manufacturing or assembling
manufactured homes, including any person engaged in importing
manufactured homes for resale.
Manufactured home means a structure, transportable in one or more
sections, which in the traveling mode, is eight body feet or more in
width or forty body feet or more in length, or, when erected on site, is
three hundred twenty or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning, and electrical systems
contained therein. Calculations used to determine the number of square
feet in a structure will be based on the structure's exterior dimensions
measured at the largest horizontal projections when erected on site.
These dimensions will include all expandable rooms, cabinets, and other
projections containing interior space, but do not include bay windows.
This term includes all structures which meet the above requirements
except the size requirements and with respect to which the manufacturer
voluntarily files a certification pursuant to Sec. 3282.13 and complies
with the standards set forth in part 3280. Nothing in this subsection
should be interpreted to mean that a manufactured home necessarily meets
the requirements of HUD's Minimum Property Standards (HUD Handbook
4900.1) or that it is automatically eligible for financing under 12
U.S.C. 1709(b).
Manufactured home construction means all activities relating to the
assembly and manufacture of a manufactured home including, but not
limited to, those relating to durability, quality and safety.
Manufactured home safety means the performance of a manufactured
home in such a manner that the public is protected against any
unreasonable risk of the occurrence of accidents due to the design or
construction of such manufactured home, or any unreasonable risk of
death or injury to the user or to the public if such accidents do occur.
Registered Engineer or Architect means a person licensed to practice
engineering or architecture in a state and subject to all laws and
limitations imposed by the state's Board of Engineering and Architecture
Examiners and who is engaged in the professional practice of rendering
service or creative work requiring education, training and experience in
engineering sciences and the application of special knowledge of the
mathematical, physical and engineering sciences in such professional or
creative work as consultation, investigation, evaluation, planning or
design and supervision of construction for the purpose of securing
compliance with specifications and design for any such work.
Secretary means the Secretary of Housing and Urban Development, or
an official of the Department delegated the authority of the Secretary
with respect to title VI of Pub. L. 93-383.
State includes each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal
Zone, and American Samoa.
Width of a manufactured home means its largest overall width in the
traveling mode, including cabinets and other projections which contain
interior space. Width does not include bay windows, roof projections,
overhangs, or eaves under which there is no interior space.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 960, Jan. 4, 1977.
Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 47 FR 28092,
June 29, 1982; 58 FR 55002, Oct. 25, 1993; 61 FR 5216, Feb. 9, 1996]
[[Page 110]]
Sec. 3280.3 Manufactured home procedural and enforcement regulations and consumer manual requirements.
A manufacturer must comply with the requirements of this part 3280,
part 3282 of this chapter, and 42 U.S.C. 5416.
[61 FR 18250, Apr. 25, 1996]
Sec. 3280.4 Incorporation by reference.
(a) The specifications, standards and codes of the following
organizations are incorporated by reference in 24 CFR part 3280 (this
Standard) pursuant to 5 U.S.C. 552(a) and 1 CFR part 51 as though set
forth in full. The incorporation by reference of these standards has
been approved by the Director of the Federal Register. Reference
standards have the same force and effect as this Standard (24 CFR part
3280) except that whenever reference standards and this Standard are
inconsistent, the requirements of this Standard prevail to the extent of
the inconsistency.
(b) The abbreviations and addresses of organizations issuing the
referenced standards appear below. Reference standards which are not
available from their producer organizations may be obtained from the
Office of Manufactured Housing and Regulatory Functions, Manufactured
Housing and Construction Standards Division, U.S. Department of Housing
and Urban Development, 451 Seventh Street, SW., room B-133, Washington,
DC 20410.
AA--Aluminum Association, 900 19th Street NW., suite 300, Washington, DC
20006.
AAMA--American Architectural Manufacturers Association, 1540 East Dundee
Road, Palatine, Illinois 60067
AFPA [previously (N)FPA]--American Forest and Paper Association, 1250
Connecticut Avenue, NW., Washington, DC 20036 [previously named (N)FPA-
National Forest Products Association]
AGA--American Gas Association, 8501 East Pleasant Valley Road,
Cleveland, Ohio 44131
AISC--American Institute of Steel Construction, One East Wacker Drive,
Chicago, IL 60601
AISI--American Iron and Steel Institute, 1101 17th Street, NW.,
Washington, DC 20036
AITC--American Institute of Timber Construction, 11818 SE Mill Plain
Blvd., suite 415, Vancouver, Washington 98684
ANSI--American National Standards Institute, 1430 Broadway, New York,
New York 10018
APA--American Plywood Association, P.O. Box 11700, Tacoma, Washington
98411
ARI--Air Conditioning and Refrigeration Institute, 1501 Wilson Blvd.,
6th Floor, Arlington, VA 22209-2403
ASCE--American Society of Civil Engineers, 345 East 47th Street, New
York, New York 10017-2398
ASHRAE--American Society of Heating, Refrigeration and Air Conditioning
Engineers, 1791 Tulle Circle, NE., Atlanta, Georgia 30329
ASME--American Society of Mechanical Engineers, 345 East 47th Street,
New York, New York 10017
ASSE--American Society of Sanitary Engineering, P.O. Box 40362, Bay
Village, Ohio 44140
ASTM--American Society for Testing and Materials, 1916 Race Street,
Philadelphia, Pennsylvania 19103
CISPI--Cast Iron Soil Pipe Institute, 5959 Shallowford Road, suite 419,
Chattanooga, TN 37421
DOC--U.S. Department of Commerce, National Institute of Standards and
Technology, Office of Engineering Standards, room A-166, Technical
Building, Washington, DC 20234
FS--Federal Specifications, General Services Administration,
Specifications Branch, room 6039, GSA Building, 7th and D Streets, SW.,
Washington, DC 20407
HPVA (previously HPMA)--Hardwood Plywood and Veneer Association, P.O.
Box 2789, Reston, VA 22090 (previously named HPMA Hardwood Plywood
Manufacturers Association)
HUD-FHA--Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410
HUD--USER Department of Housing and Urban Development, HUD User, P.O.
Box 280, Germantown, MD 20874
IAPMO--International Association of Plumbing and Mechanical Officials,
20001 Walnut Drive South, Walnut, CA 91784-2825
IITRI--IIT Research Institute, 10 West 35th Street, Chicago, IL 60616
MIL--Military Specifications and Standards, Naval Publications and Forms
Center, 5801 Tabor Avenue, Philadelphia, Pennsylvania 19120
NFPA--National Fire Protection Association, Batterymarch Park, Quincy,
MA 02269
NPA--National Particleboard Association, 18928 Premiere Court,
Gaithersburg, MD 20879
NSF--National Sanitation Foundation, P.O. Box 1468, Ann Arbor, MI 48105
NWWDA--National Wood Window and Door Association, 1400 E. Toughy Avenue,
suite G-54, Des Plaines, IL 60018
SAE--Society of Automotive Engineers, 400 Commonwealth Drive,
Warrendale, Pennsylvania 15096
[[Page 111]]
SJI--Steel Joist Institute, 1205 48th Avenue North, suite A, Myrtle
Beach, SC 29577
TPI--Truss Plate Institute, 583 D'Onofrio Drive, suite 200, Madison,
Wisconsin 53719
UL--Underwriters' Laboratories, Inc., 333 Pfingsten Road, Northbrook,
Illinois 60062
(c) The Department will enforce the listed editions of material
incorporated by reference into this standard. If a later edition is to
be enforced, the Department will publish a notice of change in the
Federal Register.
[47 FR 49385, Nov. 1, 1982, as amended at 52 FR 47553, Dec. 15, 1987; 58
FR 55002, Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994]
Sec. 3280.5 Data plate.
Each manufactured home shall bear a data plate affixed in a
permanent manner near the main electrical panel or other readily
accessible and visible location. Each data plate shall be made of
material what will receive typed information as well as preprinted
information, and which can be cleaned of ordinary smudges or household
dirt without removing information contained on the data plate; or the
data plate shall be covered in a permanent manner with materials that
will make it possible to clean the data plate of ordinary dirt and
smudges without obscuring the information. Each data plate shall contain
not less than the following information:
(a) The name and address of the manufacturing plant in which the
manufactured home was manufactured.
(b) The serial number and model designation of the unit, and the
date the unit was manufactured.
(c) The statement:
This manufactured home is designed to comply with the Federal
Manufactured Home Construction and Safety Standards in force at the time
of manufacture.
(d) A list of the certification label(s) number(s) that are affixed
to each transportable manufactured section under Sec. 3280.8.
(e) A list of major factory-installed equipment, including the
manufacturer's name and the model designation of each appliance.
(f) Reference to the roof load zone and wind load zone for which the
home is designed and duplicates of the maps as set forth in
Sec. 3280.305(c). This information may be combined with the heating/
cooling certificate and insulation zone map required by Secs. 3280.510
and 3280.511. The Wind Zone Map on the Data Plate shall also contain the
statement:
This home has not been designed for the higher wind pressures and
anchoring provisions required for ocean/coastal areas and should not be
located within 1500' of the coastline in Wind Zones II and III, unless
the home and its anchoring and foundation system have been designed for
the increased requirements specified for Exposure D in ANSI/ASCE 7-88.
(g) The statement:
This home has--has not--(appropriate blank to be checked by
manufacturer) been equipped with storm shutters or other protective
coverings for windows and exterior door openings. For homes designed to
be located in Wind Zones II and III, which have not been provided with
shutters or equivalent covering devices, it is strongly recommended that
the home be made ready to be equipped with these devices in accordance
with the method recommended in the manufacturers printed instructions.
(h) The statement: ``Design Approval by'', followed by the name of
the agency that approved the design.
[59 FR 2469, Jan. 14, 1994]
Sec. 3280.6 Serial number.
(a) A manufactured home serial number which will identify the
manufacturer and the state in which the manufactured home is
manufactured, must be stamped into the foremost cross member. Letters
and numbers must be \3/8\ inch minimum in height. Numbers must not be
stamped into hitch assembly or drawbar.
Sec. 3280.7 Excluded structures.
Certain structures may be excluded from these Standards as modular
homes under 24 CFR 3282.12.
[52 FR 4581, Feb. 12, 1987]
Sec. 3280.8 Waivers.
(a) Where any material piece of equipment, or system which does not
meet precise requirements or specifications set out in the standard is
shown, to the satisfaction of the Secretary, to meet an equivalent level
of performance, the Secretary may waive the specifications set out in
the Standard
[[Page 112]]
for that material, piece of equipment, or system.
(b) Where the Secretary is considering issuing a waiver to a
Standard, the proposed waiver shall be published in the Federal Register
for public comment, unless the Secretary, for good cause, finds that
notice is impractical, unnecessary or contrary to the public interest,
and incorporates into the waiver that finding and a brief statement of
the reasons therefor.
(c) Each proposed and final waiver shall include:
(1) A statement of the nature of the waiver; and
(2) Identification of the particular standard affected.
(d) All waivers shall be published in the Federal Register and shall
state their effective date. Where a waiver has been issued, the
requirements of the Federal Standard to which the waiver relates may be
met either by meeting the specifications set out in the Standard or by
meeting the requirements of the waiver published in the Federal
Register.
[58 FR 55003, Oct. 25, 1993]
Sec. 3280.9 Interpretative bulletins.
Interpretative bulletins may be issued for the following purposes:
(a) To clarify the meaning of the Standard; and
(b) To assist in the enforcement of the Standard.
[58 FR 55003, Oct. 25, 1993]
Sec. 3280.10 Use of alternative construction.
Requests for alternative construction can be made pursuant to 24 CFR
3282.14 of this chapter.
[58 FR 55003, Oct. 25, 1993]
Sec. 3280.11 Certification label.
(a) A permanent label shall be affixed to each transportable section
of each manufactured home for sale or lease in the United States. This
label shall be separate and distinct from the data plate which the
manufacturer is required to provide under Sec. 3280.5 of the standards.
(b) The label shall be approximately 2 in. by 4 in. in size and
shall be permanently attached to the manufactured home by means of 4
blind rivets, drive screws, or other means that render it difficult to
remove without defacing it. It shall be etched on 0.32 in. thick
aluminum plate. The label number shall be etched or stamped with a 3
letter designation which identifies the production inspection primary
inspection agency and which the Secretary shall assign. Each label shall
be marked with a 6 digit number which the label supplier shall furnish.
The labels shall be stamped with numbers sequentially.
(c) The label shall read as follows:
As evidenced by this label No. ABC 000001, the manufacturer
certifies to the best of the manufacturer's knowledge and belief that
this manufactured home has been inspected in accordance with the
requirements of the Department of Housing and Urban Development and is
constructed in conformance with the Federal manufactured home
construction and safety standards in effect on the date of manufacture.
See date plate.
(d) The label shall be located at the tail-light end of each
transportable section of the manufactured home approximately one foot up
from the floor and one foot in from the road side, or as near that
location on a permanent part of the exterior of the manufactured home
unit as practicable. The road side is the right side of the manufactured
home when one views the manufactured home from the tow bar end of the
manufactured home.
[42 FR 960, Jan. 4, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as
amended at 52 FR 47553, Dec. 15, 1987. Redesignated and amended at 58 FR
55003, Oct. 25, 1993]
Subpart B--Planning Considerations
Sec. 3280.101 Scope.
Subpart B states the planning requirements in manufactured homes.
The intent of this subpart is to assure the adequacy of architectural
planning considerations which assist in determining a safe and healthful
environment.
Sec. 3280.102 Definitions.
(a) Gross floor area means all space, wall to wall, including
recessed entries not to exceed 5 sq. ft. and areas under built-in
vanities and similar furniture. Where the ceiling height is less than
[[Page 113]]
that specified in Sec. 3280.104, the floor area under such ceilings
shall not be included. Floor area of closets shall not be included in
the gross floor area.
(b) Habitable room means a room or enclosed floor space arranged for
living, eating, food preparation, or sleeping purposes not including
bathrooms, foyers, hallways, and other accessory floor space.
(c) Laundry area means an area containing or designed to contain a
laundry tray, clothes washer and/or clothes dryer.
Sec. 3280.103 Light and ventilation.
(a) Lighting. Each habitable room shall be provided with exterior
windows and/or doors having a total glazed area of not less than 8
percent of the gross floor area.
(1) Kitchens, bathrooms, toilet compartments, laundry areas, and
utility rooms may be provided with artificial light in place of windows.
(2) Rooms and areas may be combined for the purpose of providing the
required natural lighting provided that at least one half of the common
wall area is open and unobstructed, and the open area is at least equal
to 10 percent of the combined floor area or 25 square feet whichever is
greater.
(b) Whole house ventilation. Each manufactured home shall be capable
of providing a minimum of 0.35 air changes per hour continuously or at
an equivalent hourly average rate. The following criteria shall be
adhered to.
(1) Natural infiltration and exfiltration shall be considered as
providing 0.25 air changes per hour.
(2) The remaining ventilation capacity of 0.10 air change per hour
or its hourly average equivalent shall be calculated using 0.035 cubic
feet per minute per square foot of interior floor space. This
ventilation capacity shall be in addition to any openable window area.
(3) The remaining ventilation capacity may be provided by: a
mechanical system, or a passive system, or a combination passive and
mechanical system. The ventilation system or provisions shall not create
a positive pressure in Uo value Zones 2 and 3 or a negative pressure
condition in Uo value Zone 1. Mechanical systems shall be balanced.
Combination passive and mechanical systems shall have adequately sized
inlets or exhaust to release any unbalanced pressure. Passive systems
shall have inlets and exhaust of sufficient size to alleviate unbalance
pressure conditions under normal conditions. Temporary imbalances due to
gusting or high winds are permitted.
(4) The ventilation system or provision shall exchange air directly
with the exterior of the home, except it shall not draw or expel air
with the space underneath the home. The ventilation system or provision
shall not draw or expel air into the floor, wall, or ceiling/roof
systems even if those systems are vented.
(5) The ventilation system or a portion thereof may be integral with
the homes heating or cooling system. The system shall be capable of
operating independently of the heating or cooling modes. A ventilation
system that is integral with the heating or cooling system shall be
listed as part of the heating and cooling system or listed as suitable
for use therewith.
(6) A mechanical ventilation system, or mechanical portion thereof,
shall be provided with a manual control and may be provided with
automatic timers or humidistats.
(7) Substantiation of the ventilation capacity to provide 0.10 ACH
shall be provided for a mechanical system, or a passive system, or a
combination passive and mechanical system.
(c) Additional ventilation. (1) At least half of the minimum
required glazed area in paragraph (a) of this section shall be openable
directly to the outside of the manufactured home for unobstructed
ventilation. These same ventilation requirements apply to rooms combined
in accordance with Sec. 3280.103(a)(2).
(2) Kitchens shall be provided with a mechanical ventilation system
that is capable of exhausting 100 cfm to the outside of the home. The
exhaust fan shall be located as close as possible to the range or cook
top, but in no case farther than 10 feet horizontally from the range or
cook top.
(3) Each bathroom and separate toilet compartment shall be provided
with a mechanical ventilation system capable of exhausting 50 cfm to the
outside
[[Page 114]]
of the home. A separate toilet compartment may be provided with 1.5
square feet of openable glazed area in place of mechanical ventilation,
except in Uo value Zone 3.
[58 FR 55003, Oct. 25, 1993]
Sec. 3280.104 Ceiling heights.
(a) Every habitable room and bathroom shall have a minimum ceiling
height of not less than 7 feet, 0 inches for a minimum of 50 percent of
the room's floor area. The remaining area may have a ceiling with a
minimum height of 5 feet, 0 inches. Minimum height under dropped ducts,
beams, etc. shall be 6 feet, 4 inches.
(b) Hallways and foyers shall have a minimum ceiling height of 6
feet, 6 inches.
Sec. 3280.105 Exit facilities; exterior doors.
(a) Number and location of exterior doors. Manufactured homes shall
have a minimum of two exterior doors located remote from each other.
(1) Required egress doors shall not be located in rooms where a
lockable interior door must be used in order to exit.
(2) In order for exit doors to be considered remote from each other,
they must comply with all of the following:
(i) Both of the required doors must not be in the same room or in a
group of rooms which are not defined by fixed walls.
(ii) Single wide units. Doors may not be less than 12 ft. c-c from
each other as measured in any straight line direction regardless of the
length of path of travel between doors.
(iii) Double wide units. Doors may not be less than 20 ft. c-c from
each other as measured in any straight line direction regardless of the
length of path of travel between doors.
(iv) One of the required exit doors must be accessible from the
doorway of each bedroom without traveling more than 35 ft.
(b) Door design and construction. (1) Exterior swinging doors shall
be constructed in accordance with Sec. 3280.405 the ``Standard for
Swinging Exterior Passage Doors for Use in Manufactured Homes''.
Exterior sliding glass doors shall be constructed in accordance with
Sec. 3280.403 the ``Standard for Windows and Sliding Glass Doors Used in
Manufactured Homes''.
(2) All exterior swinging doors shall provide a minimum 28 inch wide
by 74 inch high clear opening. All exterior sliding glass doors shall
provide a minimum 28 inch wide by 72 inch high clear opening.
(3) Each swinging exterior door other than screen or storm doors
shall have a key-operated lock that has a deadlocking latch or a key-
operated dead bolt with a passage latch. Locks shall not require the use
of a key for operation from the inside.
(4) All exterior doors, including storm and screen doors, opening
outward shall be provided with a safety door check.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 50 FR 9269, Mar. 7, 1985]
Sec. 3280.106 Exit facilities; egress windows and devices.
(a) Every room designed expressly for sleeping purposes, unless it
has an exit door (see Sec. 3280.105), shall have at least one outside
window or approved exit device which meets the requirements of
Sec. 3280.404, the ``Standard for Egress Windows and Devices for Use in
Manufactured Homes.''
(b) The bottom of the window opening shall not be more than 36
inches above the floor.
(c) Locks, latches, operating handles, tabs, and any other window
screen or storm window devices which need to be operated in order to
permit exiting, shall not be located in excess of 54 inches from the
finished floor.
(d) Integral rolled-in screens shall not be permitted in an egress
window unless the window is of the hinged-type.
[49 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 49 FR 36086, Sept. 14, 1984; 52 FR 4581, Feb. 12, 1987]
Sec. 3280.107 Interior privacy.
Bathroom and toilet compartment doors shall be equipped with a
privacy lock.
Sec. 3280.108 Interior passage.
(a) Interior doors having passage hardware without a privacy lock,
or with a privacy lock not engaged, shall
[[Page 115]]
open from either side by a single movement of the hardware mechanism in
any direction.
(b) Each manufactured home interior door, when provided with a
privacy lock, shall have a privacy lock that has an emergency release on
the outside to permit entry when the lock has been locked by a locking
knob, lever, button, or other locking device on the inside.
Sec. 3280.109 Room requirements.
(a) Every manufactured home shall have at least one living area with
not less than 150 sq. ft. of gross floor area.
(b) Rooms designed for sleeping purposes shall have a minimum gross
square foot floor area as follows:
(1) All bedrooms shall have at least 50 sq. ft. of floor area.
(2) Bedrooms designed for two or more people shall have 70 sq. ft.
of floor area plus 50 sq. ft. for each person in excess of two.
(c) Every room designed for sleeping purposes shall have accessible
clothes hanging space with a minimum inside depth of 22 inches and shall
be equipped with a rod and shelf.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
and further redesignated at 58 FR 55004, Oct. 25, 1993]
Sec. 3280.110 Minimum room dimensions.
The gross floor area required by Sec. 3280.110 (a) and (b) shall
have no clear horizontal dimension less than 5 feet except as permitted
by Sec. 3280.102(a).
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
and further redesignated at 58 FR 55004, Oct. 25, 1993]
Sec. 3280.111 Toilet compartments.
Each toilet compartment shall be a minimum of 30 inches in width,
except, when the toilet is located adjacent to the short dimension of
the tub, the distance from the tub to the center line of the toilet
shall not be less than 12 inches. At least 21 inches of clear space
shall be provided in front of each toilet.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
and further redesignated at 58 FR 55004, Oct. 25, 1993]
Sec. 3280.112 Hallways.
Hallways shall have a minimum horizontal dimension of 28 inches
measured from the interior finished surface to the interior finished
surface of the opposite wall. When appliances are installed in a laundry
area, the measurement shall be from the front of the appliance to the
opposite finished interior surface. When appliances are not installed
and a laundry area is provided, the area shall have a minimum clear
depth of 27 inches in addition to the 28 inches required for passage. In
addition, a notice of the available clearance for washer/dryer units
shall be posted in the laundry area. Minor protrusions into the minimum
hallway width by doorknobs, trim, smoke detectors or light fixtures are
permitted.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
and further redesignated at 58 FR 55004, Oct. 25, 1993]
Sec. 3280.113 Glass and glazed openings.
(a) Windows and sliding glass doors. All windows and sliding glass
doors shall meet the requirements of Sec. 3280.403 the ``Standard for
Windows and Sliding Glass Doors Used in Manufactured Homes''.
(b) Safety glazing. Glazing in all entrance or exit doors, sliding
glass doors, units (fixed or moving sections), unframed glass doors,
unbacked mirrored wardrobe doors (i.e., mirrors not secured to a backing
capable of being the door itself), shower and bathtub enclosures and
surrounds to a height of 6 feet above the bathroom floor level, storm
doors or combination doors, and in panels located within 12 inches on
either side of exit or entrance doors shall be of a safety glazing
material. Safety glazing material is considered to be any glazing
material capable of passing the requirements of Safety Performance
Specifications and Methods of Test for Safety Glazing Materials Used in
Buildings, ANSI Z97.1-1984.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4581, Feb. 12, 1987. Redesignated at 58 FR 55004,
Oct. 25, 1993]
[[Page 116]]
Subpart C--Fire Safety
Source: 49 FR 32008, Aug. 9, 1984, unless otherwise noted.
Sec. 3280.201 Scope.
The purpose of this subpart is to set forth requirements that will
assure reasonable fire safety to the occupants by reducing fire hazards
and by providing measures for early detection.
Sec. 3280.202 Definitions.
The following definitions are applicable to subparts C, H, and I of
the Standards:
Combustible material: Any material not meeting the definition of
limited-combustible or non-combustible material.
Flame-spread rating: The measurement of the propagation of flame on
the surface of materials or their assemblies as determined by recognized
standard tests conducted as required by this subpart.
Interior finish: The surface material of walls, fixed or movable
partitions, ceilings, columns, and other exposed interior surfaces
affixed to the home's structure including any materials such as paint or
wallpaper and the substrate to which they are applied. Interior finish
does not include:
(1) Trim and sealant 2 inches or less in width adjacent to the
cooking range and in furnace and water heater spaces provided it is
installed in accordance with the requirements of Sec. 3280.203(b)(3) or
(4), and trim 6 inches or less in width in all other areas;
(2) Windows and frames;
(3) Single doors and frames and a series of doors and frames not
exceeding 5 feet in width;
(4) Skylights and frames;
(5) Casings around doors, windows, and skylights not exceeding 4
inches in width;
(6) Furnishings which are not permanently affixed to the home's
structure;
(7) Baseboards not exceeding 6 inches in height;
(8) Light fixtures, cover plates of electrical receptacle outlets,
switches, and other devices;
(9) Decorative items attached to walls and partitions (i.e.,
pictures, decorative objects, etc.) constituting no more than 10% of the
aggregate wall surface area in any room or space not more than 32 square
feet in surface area, whichever is less;
(10) Plastic light diffusers when suspended from a material which
meets the interior finish provisions of Sec. 3280.203(b);
(11) Coverings and surfaces of exposed wood beams; and
(12) Decorative items including the following:
(i) Non-structural beams not exceeding 6 inches in depth and 6
inches in width and spaced not closer than 4 feet on center;
(ii) Non-structural lattice work;
(iii) Mating and closure molding; and
(iv) Other items not affixed to the home's structure.
Limited combustible: A material meeting:
(1) The definition of Article 2-3 or NFPA 220-1992; or
(2) \5/16\-inch or thicker gypsum board.
Noncombustible material: A material meeting the definition of
contained in NFPA 220-1992.
Single-station alarm device: An assembly incorporating the smoke
detector sensor, the electrical control equipment, and the alarm-
sounding device in one unit.
Smoke detector: A wall-mounted detector of the ionization chamber or
photoelectric type which detects visible or invisible particles of
combustion and operates from a 120V AC source of current.
[58 FR 55004, Oct. 25, 1993]
Sec. 3280.203 Flame spread limitations and fire protection requirements.
(a) Establishment of flame spread rating. The surface flame spread
rating of interior-finish material shall not exceed the value shown in
Sec. 3280.203(b) when tested by ``Standard Test Method for Surface
Burning Characteristics of Building Materials, ASTM E 84-91a'' except
that the surface flame spread rating of interior-finish materials
required by Sec. 3280.203(b)(5) and (6) may be determined by using the
``Standard Test Method for Surface Flammability of Materials Using a
Radiant Heat Energy Source, ASTM E 162-90''. However, the following
materials need not be tested to establish their flame spread
[[Page 117]]
rating unless a lower rating is required by these standards.
(1) Flame-spread rating--76 to 200.
(i) .035-inch or thicker high pressure laminated plastic panel
countertop;
(ii) \1/4\-inch or thicker unfinished plywood with phenolic or urea
glue;
(iii) Unfinished dimension lumber (1-inch or thicker nominal
boards);
(iv) \3/8\-inch or thicker unfinished particleboard with phenolic or
urea binder;
(v) Natural gum-varnished or latex- or alkyd-painted:
(A) \1/4\-inch or thicker plywood, or
(B) \3/8\-inch or thicker particleboard, or
(C) 1-inch or thicker nominal board;
(vi) \5/16\-inch gypsum board with decorative wallpaper; and
(vii) \1/4\-inch or thicker unfinished hardboard,
(2) Flame-spread rating-25 to 200,
(i) Painted metal;
(ii) Mineral-base acoustic tile;
(iii) \5/16\-inch or thicker unfinished gypsum wallboard (both
latex- or alkyd-painted); and
(iv) Ceramic tile.
(The above-listed material applications do not waive the requirements of
Sec. 3280.203(c) or Sec. 3280.204 of this subpart.)
(b) Flame-spread rating requirements.
(1) The interior finish of all walls, columns, and partitions shall
not have a flame spread rating exceeding 200 except as otherwise
specified herein.
(2) Ceiling interior finish shall not have a flame spread rating
exceeding 75.
(3) Walls adjacent to or enclosing a furnace or water heater and
ceilings above them shall have an interior finish with a flame spread
rating not exceeding 25. Sealants and other trim materials 2 inches or
less in width used to finish adjacent surfaces within these spaces are
exempt from this provision provided that all joints are completely
supported by framing members or by materials having a flame spread
rating not exceeding 25.
(4) Exposed interior finishes adjacent to the cooking range shall
have a flame spread rating not exceeding 50, except that backsplashes
not exceeding 6 inches in height are exempted. Adjacent surfaces are the
exposed vertical surfaces between the range top height and the overhead
cabinets and/or ceiling and within 6 horizontal inches of the cooking
range. (Refer also to Sec. 3280.204(a), Kitchen Cabinet Protection.)
Sealants and other trim materials 2 inches or less in width used to
finish adjacent surfaces are exempt from this provision provided that
all joints are completely supported by a framing member.
(5) Kitchen cabinet doors, countertops, backsplashes, exposed
bottoms, and end panels shall have a flame spread rating not to exceed
200. Cabinet rails, stiles, mullions, and top strips are exempted.
(6) Finish surfaces of plastic bathtubs, shower units, and tub or
shower doors shall not exceed a flame spread rating of 200.
(c) Fire protective requirements.
(1) Materials used to surface the following areas shall be of
limited combustible material (e.g., \5/16\-inch gypsum board, etc.):
(i) The exposed wall adjacent to the cooking range (see
Sec. 3280.203(b)(4));
(ii) Exposed bottoms and sides of kitchen cabinets as required by
Sec. 3280.204;
(iii) Interior walls and ceilings enclosing furnace and/or water
heater spaces; and
(iv) Combustible doors which provide interior or exterior access to
furnace and/or water heater spaces. The surface may be interrupted for
louvers ventilating the enclosure. However, the louvers shall not be
constructed of a material of greater combustibility than the door itself
(e.g., plastic louvers on a wooden door).
(2) No burner of a surface cooking unit shall be closer than 12
horizontal inches to a window or an exterior door with glazing.
[49 FR 32008, Aug. 9, 1984, as amended at 58 FR 55005, Oct. 25, 1993]
Sec. 3280.204 Kitchen cabinet protection.
(a) The bottom and sides of combustible kitchen cabinets over
cooking ranges to a horizontal distance of 6 inches from the outside
edge of the cooking range shall be protected with at least \5/16\-inch
thick gypsum board or
[[Page 118]]
equivalent limited combustible material. One-inch nominal framing
members and trim are exempted from this requirement. The cabinet area
over the cooking range or cooktops shall be protected by a metal hood
(26-gauge sheet metal, or .017 stainless steel, or .024 aluminum, or
.020 copper) with not less than a 3-inch eyebrow projecting horizontally
from the front cabinet face. The \5/16\-inch thick gypsum board or
equivalent material which is above the top of the hood may be supported
by the hood. A \3/8\-inch enclosed air space shall be provided between
the bottom surface of the cabinet and the gypsum board or equivalent
material. The hood shall be at least as wide as the cooking range.
(b) The 3-inch metal eyebrow required by paragraph (a) of this
section will project from the front and rear cabinet faces when there is
no adjacent surface behind the range, or the \5/16\-inch thick gypsum
board or equivalent material shall be extended to cover all exposed rear
surfaces of the cabinet.
(c) The metal hood required by paragraphs (a) and (b) of this
section can be omitted when an oven of equivalent metal protection is
installed between the cabinet and the range and all exposed cabinet
surfaces are protected as described in paragraph (a) of this section.
(d) When a manufactured home is designed for the future installation
of a cooking range, the metal hood and cabinet protection required by
paragraph (a) of this section and the wall-surfacing protection behind
the range required by Sec. 3280.203 shall be installed in the factory.
(e) Vertical clearance above cooking top. Ranges shall have a
vertical clearance above the cooking top of not less than 24 inches to
the bottom of combustible cabinets.
Sec. 3280.205 Carpeting.
Carpeting shall not be used in a space or compartment designed to
contain only a furnace and/or water heater. Carpeting may be used in
other areas where a furnace or water heater is installed, provided that
it is not located under the furnace or water heater.
Sec. 3280.206 Firestopping.
(a) Firestopping of at least 1-inch nominal lumber, \5/16\-inch
thick gypsum board, or the equivalent, shall be provided to cut off
concealed draft openings between walls and partitions, including furred
spaces, and the roof or floors, so as to retard vertical movement of
fire. In particular, such concealed spaces must be constructed so that
floor-to-ceiling concealed spaces on one floor do not communicate with
any concealed space on another floor, any concealed spaces in the floor,
or any concealed space in the roof cavity. A barrier must be installed
to prevent communication between adjacent concealed spaces.
(1) Where the barrier is vertical, it must be made of exterior or
interior covering(s) equivalent to that used on the nearest exposed wall
surface; and
(2) In all other cases, the barrier must be made of 1-inch nominal
lumber, \5/16\-inch thick gypsum board, or the equivalent.
(b) A space does not lose its character as a concealed draft opening
if it is filled with insulation or other material or if it is blocked by
a barrier other than as required by paragraph (a) of this section.
(c) All openings for pipes and vents and other penetrations in
walls, floors, and ceilings of furnace and water heater spaces shall be
tight-fitted or firestopped. Pipes, vents, and other penetrations are
tight-fitted when they cannot be moved freely in the opening.
Sec. 3280.207 Requirements for foam plastic thermal insulating materials.
(a) General. Foam plastic thermal insulating materials shall not be
used within the cavity of walls (not including doors) or ceilings or be
exposed to the interior of the home unless:
(1) The foam plastic insulating material is protected by an interior
finish of \5/16\-inch thick gypsum board or equivalent material for all
cavities where the material is to be installed; or
(2) The foam plastic is used as a sheathing or siding backerboard,
and it:
(i) Has a flame spread rating of 75 or less and a smoke-developed
rating of 450 or less (not including outer covering of sheathing);
[[Page 119]]
(ii) Does not exceed \3/8\-inch in thickness; and
(iii) Is separated from the interior of the manufactured home by a
minimum of 2 inches of mineral fiber insulation or an equivalent thermal
barrier; or
(3) The foam plastic insulating material has been previously
accepted by the Department for use in wall and/or ceiling cavities of
manufactured homes, and it is installed in accordance with any
restrictions imposed at the time of that acceptance; or
(4) The foam plastic insulating material has been tested as required
for its location in wall and/or ceiling cavities in accordance with
testing procedures described in the Illinois Institute of Technology
Research Institute (IITRI) Report, ``Development of Mobile Home Fire
Test Methods to Judge the Fire Safe Performance of Foam Plastic, J-
6461,'' or other full-scale fire tests accepted by the Department, and
it is installed in a manner consistent with the way the material was
installed in the foam plastic test module. The materials shall be
capable of meeting the following acceptance criteria required for their
location.
(i) Wall assemblies. The foam plastic system shall demonstrate
equivalent or superior performance to the control module as determined
by:
(A) Time to reach flashover (600 deg. C in the upper part of the
room);
(B) Time to reach an oxygen (O2) level of 14% (rate of
O2 depletion), a carbon monoxide (CO) level of 1%, a carbon
dioxide (CO2) level of 6%, and a smoke level of 0.26 optical
density/meter measured at 5 feet high in the doorway; and
(C) Rate of change concentration for O2, CO,
CO2 and smoke measured 3 inches below the top of the doorway.
(ii) Ceiling assemblies. A minimum of three valid tests of the foam
plastic system and one valid test of the control module shall be
evaluated to determine if the foam plastic system domonstrates
equivalent or superior performance to the control module. Individual
factors to be evaluated include intensity of cavity fire (temperature-
time) and post-test damage.
(iii) Post-test damage assessment for wall and ceiling assemblies.
The overall performance of each total system shall also be evaluated in
determining the acceptability of a particular foam plastic insulating
material.
(b) All foam plastic thermal insulating materials used in
manufactured housing shall have a flame spread rating of 75 or less (not
including outer covering or sheathing) and a maximum smoke-developed
rating of 450.
Sec. 3280.208 Fire detection equipment.
(a) General. At least one smoke detector (which may be a single
station alarm device) shall be installed in the home in the location(s)
specified in paragraph (b) of this section.
(b) Smoke detector locations. (1) A smoke detector shall be
installed on any wall in the hallway or space communicating with each
bedroom area between the living area and the first bedroom door unless a
door(s) separates the living area from that bedroom area, in which case
the detector(s) shall be installed on the living area side as close to
the door(s) as practicable. Homes having bedroom areas separated by any
one or combination of common-use areas such as kitchen, dining room,
living room, or family room (but not a bathroom or utility room), shall
have at least one detector protecting each bedroom area.
(2) When located in hallways, the detector shall be between the
return air intake and the living area.
(3) When a home is equipped or designed for future installation of a
roof-mounted evaporative cooler or other equipment discharging
conditioned air through a ceiling grille into the living space
environment, the detector closest to the air discharge shall be located
no closer than three horizontal feet from any discharge grille.
(4) A smoke detector shall not be placed in a location which impairs
its effectiveness.
(c) Labeling. Smoke detectors shall be labeled as conforming with
the requirements of Underwriters' Laboratories Standard No. 217--Fourth
Edition 1993 for Single and Multiple Station Smoke Detectors.
(d) Installation. Each smoke detector shall be installed in
accordance with its listing. The top of the detector shall be located on
a wall 4 inches to 12 inches, or at a distance permitted by
[[Page 120]]
the listing, below the ceiling. However, when a detector is mounted on
an interior wall below a sloping ceiling, it shall be located 4 inches
to 12 inches below the intersection of the connecting exterior wall and
the sloping ceiling (cathedral ceiling). The required detector(s) shall
be attached to an electrical outlet box and the detector connected by a
permanent wiring method into a general electrical circuit. There shall
be no switches in the circuit to the detector between the over-current
protection device protecting the branch circuit and the detector. Smoke
detector(s) shall not be placed on the same branch circuit or any
circuit protected by a ground fault circuit interrupter.
[49 FR 32008, Aug. 9, 1984, as amended at 58 FR 55005, Oct. 25, 1993]
Sec. 3280.209 Fire testing.
All fire testing conducted in accordance with this subpart shall be
performed by nationally recognized testing laboratories which have
expertise in fire technology. In case of dispute, the Secretary shall
determine if a particular agency is qualified to perform such fire
tests.
[49 FR 32011, Aug. 9, 1984]
Subpart D--Body and Frame Construction Requirements
Sec. 3280.301 Scope.
This subpart covers the minimum requirements for materials,
products, equipment and workmanship needed to assure that the
manufactured home will provide:
(a) Structural strength and rigidity,
(b) Protection against corrosion, decay, insects and other similar
destructive forces,
(c) Protection against hazards of windstorm,
(d) Resistance to the elements, and
(e) Durability and economy of maintenance.
Sec. 3280.302 Definitions.
The following definitions are applicable to subpart D only:
Anchoring equipment: means straps, cables, turnbuckles, and chains,
including tensioning devices, which are used with ties to secure a
manufactured home to ground anchors.
Anchoring system: means a combination of ties, anchoring equipment,
and ground anchors that will, when properly designed and installed,
resist overturning and lateral movement of the manufactured home from
wind forces.
Diagonal tie: means a tie intended to primarily resist horizontal
forces, but which may also be used to resist vertical forces.
Footing: means that portion of the support system that transmits
loads directly to the soil.
Ground anchor: means any device at the manufactured home stand
designed to transfer manufactured home anchoring loads to the ground.
Loads: (1) Dead load: means the weight of all permanent construction
including walls, floors, roof, partition, and fixed service equipment.
(2) Live load: means the weight superimposed by the use and
occupancy of the manufactured home, including wind load and snow load,
but not including dead load.
(3) Wind load: means the lateral or vertical pressure or uplift on
the manufactured home due to wind blowing in any direction.
Main frame: means the structural component on which is mounted the
body of the manufactured home.
Pier: means that portion of the support system between the footing
and manufactured home exclusive of caps and shims.
Sheathing: means material which is applied on the exterior side of a
building frame under the exterior weather resistant covering.
Stabilizing devices: means all components of the anchoring and
support system such as piers, footings, ties, anchoring equipment,
ground anchors, and any other equipment which supports the manufactured
home and secures it to the ground.
Support system: means a combination of footings, piers, caps, and
shims that will, when properly installed, support the manufactured home.
Tie: means straps, cable, or securing devices used to connect the
manufactured home to ground anchors.
[[Page 121]]
Vertical tie: means a tie intended to resist the uplifting or
overturning forces.
[58 FR 55005, Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994]
Sec. 3280.303 General requirements.
(a) Minimum requirements. The design and construction of a
manufactured home shall conform with the provisions of this standard.
Requirements for any size, weight, or quality of material modified by
the terms of minimum, not less than, at least, and similar expressions
are minimum standards. The manufacturer or installer may exceed these
standards provided such deviation does not result in any inferior
installation or defeat the purpose and intent of this standard.
(b) Construction. All construction methods shall be in conformance
with accepted engineering practices to insure durable, livable, and safe
housing and shall demonstrate acceptable workmanship reflecting
journeyman quality of work of the various trades.
(c) Structural analysis. The strength and rigidity of the component
parts and/or the integrated structure shall be determined by engineering
analysis or by suitable load tests to simulate the actual loads and
conditions of application that occur. (See subparts E and J.)
(d) [Reserved]
(e) New materials and methods. (1) Any new material or method of
construction not provided for in this standard and any material or
method of questioned suitability proposed for use in the manufacture of
the structure shall nevertheless conform in performance to the
requirements of this standard.
(2) Unless based on accepted engineering design for the use
indicated, all new manufactured home materials, equipment, systems or
methods of construction not provided for in this standard shall be
subjected to the tests specified in paragraph (g) of this section.
(f) Allowable design stress. The design stresses of all materials
shall conform to accepted engineering practice. The use of materials not
certified as to strength or stress grade shall be limited to the minimum
allowable stresses under accepted engineering practice.
(g) Alternative test procedures. In the absence of recognized
testing procedures either in these standards or the applicable
provisions of those standards incorporated by reference, the
manufacturer electing this option shall develop or cause to be developed
testing procedures to demonstrate the structural properties and
significant characteristics of the material, assembly, subassembly
component or member. Such testing procedures shall become part of the
manufacturer's approved design. (Refer to Sec. 3280.3.)
(1) Testing procedures so developed shall be submitted to the
Department for approval.
(2) Upon notification of approval, the alternative test procedure is
considered acceptable.
(3) Such tests shall be witnessed by an independent licensed
professional engineer or architect or by a recognized testing
organization. Copies of the test results shall be kept on file by the
manufactured home manufacturer.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55005, Oct. 25, 1993; 59 FR 2469, Jan. 14, 1994]
Sec. 3280.304 Materials.
(a) Dimension and board lumber shall not exceed 19 percent moisture
content at time of installation.
(b)(1) Standards for some of the generally used materials and
methods of construction are listed in the following table.
Steel
Specification for Aluminum Structures Construction Manual Series--
Section 1, Fifth Edition--1986, The Aluminum Association.
Specification for Structural Steel Buildings--Allowable Stress
Design and Plastic Design--AISC--June 1, 1989.
The following parts of this reference standard are not applicable:
1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.4.6, 1.5.1.5, 1.5.5, 1.6, 1.7, 1.8, 1.9,
1.10.4 through 1.10.7, 1.10.9, 1.11, 1.13, 1.14.5, 1.17.7 through
1.17.9, 1.19.1, 1.19.3, 1.20, 1.21, 1.23.7, 1.24, 1.25.1 through 1.25.5,
1.26.4, 2.3, 2.4, 2.8 through 2.10.
Specification for the Design of Cold-Formed Steel Structural
Members--AISI--1986 Edition With 1989 Addendum.
[[Page 122]]
The following parts of this reference standard are not applicable:
3.1.2, 4.2.1, 4.2.4.
Stainless Steel Cold-Formed Structural Design Manual--AISI-1974.
The following part of this reference standard is not applicable:
3.1.2.
Standard Specifications Load Tables and Weight Tables for Steel
Joists and Joist Girders, only Sections 1-6 and the table for ``H series
only'' are applicable--Steel Joist Institute 1992.
Manual for Structural Applications of Steel Cables for Buildings--
AISI-1973.
Standard Specification for Strapping, Flat Steel and Seals--ASTM
D3953-91.
Wood and Wood Products
Basic Hardboard--ANSI/AHA A135.4-1982.
Prefinished Hardboard Paneling--ANSI/AHA A135.5-1988.
Hardboard Siding--ANSI/AHA A135.6-1990.
Interim Voluntary Standard for Hardwood and Decorative Plywood--HPVA
Interim Standard HP-1-1993.
Structural Design Guide for Hardwood Plywood Wall Panels--HPMA
Design Guide HP-SG-86.
For wood products--Structural Glued Laminated Timber--ANSI/AITC
A190.1-1992.
Voluntary Product Standard, Construction and Industrial Plywood--PS-
1-83.
APA Design/Construction Guide, Residential and Commercial--APA E30M-
1993.
Design and Fabrication of All-Plywood Beams, Suppl. 5--APA-H 815D-
1989.
Plywood Design Specification--APA-Y 510Q-1993.
Design and Fabrication of Glued Plywood-Lumber Beams, Suppl. 2--APA-
S 812P-1992.
Design and Fabrication of Plywood Curved Panels, Suppl. 1--APA-S
811M-1990.
Design and Fabrication of Plywood Sandwich Panels, Suppl. 4--APA-U
814G-1990.
Performance Standards and Policies for Structural Use Panels--APA-
PRP-E-108P, E445N-1989.
Design and Fabrication of Plywood Stressed-Skin Panels, Suppl. 3--
APA-U 813K-1990.
National Design Specifications for Wood Construction, 1991 Edition,
With Supplement, Design Values for Wood Construction, AFPA.
Wood Structural Design Data, 1986 Edition With 1992 Revisions, AFPA.
Span Tables for Joists and Rafters--PS-20-70, 1993, AFPA.
Design Values for Joists and Rafters, American Softwood Lumber
Standard Sizes, 1992, AFPA.
Design Specifications for Metal Plate Connected Wood Trusses--TPI-
85.
Wood Particleboard--ANSI A208.1-1989,
Wood Flush Doors--ANSI/NWWDA I.S.1-87.
Wood Windows--ANSI/NWWDA I.S.2-87.
Wood Sliding Patio Doors--NWWDA-I.S.3-88.
Water Repellent Preservative Non Pressure Treatment for Millwork--
NWWDA-I.S.4-81.
Standard Test Methods for Puncture and Stiffness of Paperboard, and
Corrugated and Solid Fiberboard--ASTM D781-68 (73).
Standard Test Methods for Direct Moisture Content Measurement of
Wood and Wood-Base Materials--ASTM D4442.
Standard Test Methods for Use and Calibration of Hand-Held Moisture
Meters--ASTM D4444-92.
Other
Standard Specification for Gypsum Wallboard--ASTM C36-93.
Fasteners
Application and Fastening Schedule: Power-Driven, Mechanically
Driven and Manually Driven Fasteners--HUD-FHA Use of Materials
Bulletin--UM-25d-73.
Unclassified
American Society of Civil Engineering Minimum Design Loads for
Buildings and Other Structures--ANSI/ASCE 7-88.
Performance Standard for Wood-Based Structural Use Panels--PS-2-92,
[[Page 123]]
APA (also known as NIST Standard PS-2-92).
Safety Performance Specifications and Methods of Test for Safety
Glazing Materials Used in Building--ANSI Z97.1-1984.
(2) Materials and methods of construction utilized in the design and
construction of manufactured homes which are covered by the standards in
the following table, or any applicable portion thereof shall comply with
these requirements.
(3) Engineering analysis and testing methods contained in these
references shall be utilized to judge conformance with accepted
engineering practices required in Sec. 3280.303(c).
(4) Materials and methods of installation conforming to these
standards shall be considered acceptable when installed in conformance
with the requirements of this part.
(5) Materials meeting the standards (or the applicable portion
thereof) are considered acceptable unless otherwise specified herein or
unless substantial doubt exists as to conformance.
(c) Wood products shall be identified as complying with the
appropriate standards.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977.
Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55006,
Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994]
Sec. 3280.305 Structural design requirements.
(a) General. Each manufactured home shall be designed and
constructed as a completely integrated structure capable of sustaining
the design load requirements of this standard, and shall be capable of
transmitting these loads to stabilizing devices without exceeding the
allowable stresses or deflections. Roof framing shall be securely
fastened to wall framing, walls to floor structure, and floor structure
to chassis to secure and maintain continuity between the floor and
chassis, so as to resist wind overturning, uplift, and sliding as
imposed by design loads in this part. Uncompressed finished flooring
greater than 1/8 inch in thickness shall not extend beneath load-bearing
walls that are fastened to the floor structure.
(b) Design loads--(1) Design dead loads. Design dead loads shall be
the actual dead load supported by the structural assembly under
consideration.
(2) Design live loads. The design live loads and wind and snow loads
shall be as specified in this section and shall be considered to be
uniformly distributed. The roof live load or snow load shall not be
considered as acting simultaneously with the wind load and the roof live
or snow load and floor live loads shall not be considered as resisting
the overturning moment due to wind.
(3) When engineering calculations are performed, allowable unit
stresses may be increased as provided in the documents referenced in
Sec. 3280.304 except as otherwise indicated in Secs. 3280.304(b)(1) and
3280.306(a).
(4) Whenever the roof slope does not exceed 20 degrees, the design
horizontal wind loads required by Sec. 3280.305(c)(1) may be determined
without including the vertical roof projection of the manufactured home.
However, regardless of the roof slope of the manufactured home, the
vertical roof projection shall be included when determining the wind
loading for split level or clerestory-type roof systems.
(c) Wind, snow, and roof loads--(1) Wind loads--design requirements.
(i) Standard wind loads (Zone I). When a manufactured home is not
designed to resist the wind loads for high wind areas (Zone II or Zone
III) specified in paragraph (c)(1)(ii) of this section, the manufactured
home and each of its wind resisting parts and portions shall be designed
for horizontal wind loads of not less than 15 psf and net uplift load of
not less than 9 psf.
(ii) Wind loads for high wind areas (Zone II and Zone III). When
designed for high wind areas (Zone II and Zone III), the manufactured
home, each of its wind resisting parts (including, but not limited to,
shear walls, diaphragms, ridge beams, and their fastening and anchoring
systems), and its components and cladding materials (including, but not
limited to, roof trusses, wall studs, exterior sheathing, roofing and
siding materials, exterior glazing, and their connections and fasteners)
shall be designed by a Professional Engineer or Architect to resist:
[[Page 124]]
(A) The design wind loads for Exposure C specified in ANSI/ASCE 7-
88, ``Minimum Design Loads for Buildings and Other Structures,'' for a
fifty-year recurrence interval, and a design wind speed of 100 mph, as
specified for Wind Zone II, or 110 mph, as specified for Wind Zone III
(Basic Wind Zone Map); or
(B) The wind pressures specified in the following table:
Table of Design Wind Pressures
------------------------------------------------------------------------
Wind zone II Wind zone III
Element design wind design wind
speed 100 MPH speed 110 MPH
------------------------------------------------------------------------
Anchorage for lateral and vertical
stability (See Sec. 3280.306(a)):
Net Horizontal Drag1,2... \3\ 39 47
Fastening and Anchorage Systems 1,2 PSF PSF
Ridge beams and other Main Roof -30 PSF -36 PSF
Support Beams (Beams supporting
expanding room sections, etc.).....
Components and cladding:
Roof trusses \4\ in all areas; \5\ -39 PSF \5\ -47 PSF
trusses shall be doubled within 3'-
0'' from each end of the roof......
Exterior roof coverings, sheathing \5\ -39 PSF \5\ -47 PSF
and fastenings \4\,\6\,\7\ in all
areas except the following.........
Within 3'-0'' from each gable \5\ -73 PSF \5\ -89 PSF
end (overhang at end wall) of
the roof or endwall if no
overhang is provided
\4\,\6\,\7\....................
Within 3'-0'' from the ridge and \5\ -51 PSF \5\ -62 PSF
eave (overhang at sidewall) or
sidewall if no eave is provided
\4\,\6\,\7\....................
Eaves (Overhangs at Sidewalls) \5\ -51 PSF \5\ -62 PSF
\4\,\6\,\7\........................
Gables (Overhangs at Endwalls) \5\ -73 PSF \5\ -89 PSF
\4\,\6\,\7\........................
Wall studs in sidewalls and endwalls,
exterior windows and sliding glass
doors (glazing and framing), exterior
coverings, sheathing and fastenings
\8\:
Within 3'-0'' from each corner 48 58
of the sidewall and endwall.... PSF PSF
All other areas................. 38 46
PSF PSF
------------------------------------------------------------------------
NOTES:
1 The net horizontal drag of 39 PSF to be used in
calculating Anchorage for Lateral and Vertical Stability and for the
design of Main Wind Force Resisting Systems is based on a distribution
of wind pressures of +0.8 or +24 PSF to the windward wall and -0.5 or
15 PSF to the leeward wall.
2 Horizontal drag pressures need not be applied to roof projections when
the roof slope does not exceed 20 degrees.
3 + sign would mean pressures are acting towards or on the structure; -
sign means pressures are acting away from the structure;
sign means forces can act in either direction, towards or away from
the structure.
4 Design values in this ``Table'' are only applicable to roof slopes
between 10 degrees (nominal 2/12 slope) and 30 degrees.
5 The design uplift pressures are the same whether they are applied
normal to the surface of the roof or to the horizontal projection of
the roof.
6 Shingle roof coverings that are secured with 6 fasteners per shingle
through an underlayment which is cemented to a 3/8'' structural rated
roof sheathing need not be evaluated for these design wind pressures.
7 Structural rated roof sheathing that is at least 3/8'' in thickness,
installed with the long dimension perpendicular to roof framing
supports, and secured with fasteners at 4'' on center within 3'-0'' of
each gable end or endwall if no overhang is provided and 6'' on center
in all other areas, need not be evaluated for these design wind
pressures.
8 Exterior coverings that are secured at 6'' o.c. to a 3/8'' structural
rated sheathing that is fastened to wall framing members at 6'' on
center need not be evaluated for these design wind pressures.
(2) Wind loads--zone designations. The Wind Zone and specific wind
design load requirements are determined by the fastest basic wind speed
(mph) within each Zone and the intended location, based on the Basic
Wind Zone Map, as follows:
(i) Wind Zone I. Wind Zone I consists of those areas on the Basic
Wind Zone Map that are not identified in paragraphs (c)(2)(ii) or (iii)
of this section as being within Wind Zone II or III, respectively.
(ii) Wind Zone II.....100 mph. The following areas are deemed to be
within Wind Zone II of the Basic Wind Zone Map:
Local governments: The following local governments listed by State
(counties, unless specified otherwise):
Alabama: Baldwin and Mobile.
Florida: All counties except those identified in paragraph
(c)(1)(i)(C) of this section as within Wind Zone III.
Georgia: Bryan, Camden, Chatham, Glynn, Liberty, McIntosh.
Louisiana: Parishes of Acadia, Allen, Ascension, Assumption,
Calcasieu, Cameron, East Baton Rouge, East Feliciana, Evangeline,
Iberia, Iberville, Jefferson Davis, LaFayette, Livingston, Pointe
Coupee, St. Helena, St. James, St. John the Baptist, St. Landry, St.
Martin, St. Tammany,
[[Page 125]]
Tangipahoa, Vermillion, Washington, West Baton Rouge, and West
Feliciana.
Maine: Hancock and Washington.
Massachusetts: Barnstable, Bristol, Dukes, Nantucket, and Plymouth.
Mississippi: George, Hancock, Harrison, Jackson, Pearl River, and
Stone.
North Carolina: Beaufort, Brunswick, Camden, Chowan, Columbus,
Craven, Currituck, Jones, New Hanover, Onslow, Pamlico, Pasquotank,
Pender, Perquimans, Tyrrell, and Washington.
South Carolina: Beaufort, Berkeley, Charleston, Colleton,
Dorchester, Georgetown, Horry, Jasper, and Williamsburg.
Texas: Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston,
Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San
Patricio, and Willacy.
Virginia: Cities of Chesapeake, Norfolk, Portsmouth, Princess Anne,
and Virginia Beach.
(iii) Wind Zone III.....110 mph. The following areas are considered
to be within Wind Zone III of the Basic Wind Zone Map:
(A) States and Territories: The entire State of Hawaii, the coastal
regions of Alaska (as determined by the 90 mph isotach on the ANSI/ASCE
7-88 map), and all of the U.S. Territories of American Samoa, Guam,
Northern Mariana Islands, Puerto Rico, Trust Territory of the Pacific
Islands, and the United States Virgin Islands.
(B) Local governments: The following local governments listed by
State (counties, unless specified otherwise):
Florida: Broward, Charlotte, Collier, Dade, Franklin, Gulf, Hendry,
Lee, Martin, Manatee, Monroe, Palm Beach, Pinellas, and Sarasota.
Louisiana: Parishes of Jefferson, La Fourche, Orleans, Plaquemines,
St. Bernard, St. Charles, St. Mary, and Terrabonne.
North Carolina: Carteret, Dare, and Hyde.
(iv) Consideration of local requirements. For areas where local
building code requirements exceed the design wind speed requirements of
these standards, the Department will consider the adoption through
rulemaking of the more stringent requirements of the State or local
building authority.
(3) Snow and roof loads. (i) Flat, curved and pitched roofs shall be
designed to resist the following live loads, applied downward on the
horizontal projection as appropriate for the design zone marked on the
manufactured home:
------------------------------------------------------------------------
Pounds
per
Zone (see Map in Sec. 3280.305(c)(4)) square
foot
------------------------------------------------------------------------
North Zone.................................................... 40
Middle Zone................................................... 30
South Zone.................................................... 20
------------------------------------------------------------------------
(ii) For exposures in areas (mountainous or other) where snow or
wind records or experience indicate significant differences from the
loads stated above, the Department may establish more stringent
requirements for homes known to be destined for such areas. For snow
loads, such requirements are to be based on a roof snow load of 0.6 of
the ground snow load for areas exposed to wind and a roof snow load of
0.8 of the ground snow load for sheltered areas.
(iii) Eaves and cornices shall be designed for a net uplift pressure
of 2.5 times the design uplift wind pressure cited in
Sec. 3280.305(c)(1)(i) for Wind Zone I, and for the design pressures
cited in Sec. 3280.305(c)(1)(ii) for Wind Zones II and III.
(4) Data plate requirements. The Data Plate posted in the
manufactured home (see Sec. 3280.5) shall designate the wind and roof
load zones or, if designed for higher loads, the actual design external
snow and wind loads for which the home has been designed. The Data Plate
shall include reproductions of the Load Zone Maps shown in this
paragraph (c)(4), with any related information. The Load Zone Maps shall
be not less than either 3\1/2\ in. by 2\1/4\ in., or one-half the size
illustrated in the Code of Federal Regulations.
[[Page 126]]
[GRAPHIC] [TIFF OMITTED] TR14JA94.000
[[Page 127]]
[GRAPHIC] [TIFF OMITTED] TR20OC97.004
(d) Design load deflection. (1) When a structural assembly is
subjected to total design live loads, the deflection for structural
framing members shall not exceed the following (where L equals the clear
span between supports or two times the length of a cantilever):
[[Page 128]]
Floor--L/240
Roof and ceiling--L/180
Headers, beams, and girders (vertical load)--L/180
Walls and partitions--L/180
(2) The allowable eave or cornice deflection for uplift is to be
measured at the design uplift load of 9 psf for Wind Zone I, and at the
design uplift pressure cited in paragraph (c)(1)(ii) of this section for
Wind Zones II and III. The allowable deflection shall be (2 x Lc)/180,
where Lc is the measured horizontal eave projection from the wall.
(e) Fastening of structural systems. (1) Roof framing shall be
securely fastened to wall framing, walls to floor structure, and floor
structure to chassis to secure and maintain continuity between the floor
and chassis, so as to resist wind overturning, uplift, and sliding as
specified in this part.
(2) For Wind Zones II and III, roof trusses shall be secured to
exterior wall framing members (studs), and exterior wall framing members
(studs) shall be secured to floor framing members, with 26 gage minimum
steel strapping or brackets or by a combination of 26 gage minimum steel
strapping or brackets and structural rated wall sheathing that overlaps
the roof and floor. Steel strapping or brackets shall be installed at a
maximum spacing of 24" on center in Wind Zone II and at a maximum of 16"
on center in Wind Zone III. The number and type of fasteners used to
secure the steel straps or brackets or structural sheathing shall be
capable of transferring all uplift forces between elements being joined.
(f) Walls. The walls shall be of sufficient strength to withstand
the load requirements as defined in Sec. 3280.305(c) of this part,
without exceeding the deflections as specified in Sec. 3280.305(d). The
connections between the bearing walls, floor, and roof framework members
shall be fabricated in such a manner as to provide support for the
material used to enclose the manufactured home and to provide for
transfer of all lateral and vertical loads to the floor and chassis.
(1) Except where substantiated by engineering analysis or tests,
studs shall not be notched or drilled in the middle one-third of their
length.
(2) Interior walls and partitions shall be constructed with
structural capacity adequate for the intended purpose and shall be
capable of resisting a horizontal load of not less than five pounds per
square foot. An allowable stress increase of 1.33 times the permitted
published design values may be used in the design of wood framed
interior partitions. Finish of walls and partitions shall be securely
fastened to wall framing.
(g) Floors. (1) Floor assemblies shall be designed in accordance
with accepted engineering practice standards to support a minimum
uniform live load of 40 lb/ft \2\ plus the dead load of the materials.
In addition (but not simultaneously), floors shall be able to support a
200-pound concentrated load on a one-inch diameter disc at the most
critical location with a maximum deflection not to exceed one-eighth
inch relative to floor framing. Perimeter wood joists of more than six
inches depth shall be stabilized against overturning from superimposed
loads as follows: at ends by solid blocking not less than two-inch
thickness by full depth of joist, or by connecting to a continuous
header not less than two-inch thickness and not less than the depth of
the joist with connecting devices; at eight-feet maximum intermediate
spacing by solid blocking or by wood cross-bridging of not less than one
inch by three inches, metal cross-bridging of equal strength, or by
other approved methods.
(2) Wood, wood fiber or plywood floors or subfloors in kitchens,
bathrooms (including toilet compartments), laundry areas, water heater
compartments, and any other areas subject to excessive moisture shall be
moisture resistant or shall be made moisture resistant by sealing or by
an overlay of nonabsorbent material applied with water-resistant
adhesive. Use of one of the following methods would meet this
requirement:
(i) Sealing the floor with a water-resistant sealer; or
(ii) Installing an overlay of a non-absorbent floor covering
material applied with water-resistant adhesive; or
(iii) Direct application of a water-resistant sealer to the exposed
wood floor
[[Page 129]]
area when covered with a non-absorbent overlay; or
(iv) The use of a non-absorbent floor covering which may be
installed without a continuous application of a water-resistant adhesive
or sealant when the floor covering meets the following criteria:
(A) The covering is a continuous membrane with any seams or patches
seam bonded or welded to preserve the continuity of the floor covering;
and
(B) The floor is protected at all penetrations in these areas by
sealing with a compatible water-resistant adhesive or sealant to prevent
moisture from migrating under the nonabsorbent floor covering; and
(C) The covering is fastened around the perimeter of the subfloor in
accordance with the floor covering manufacturer's instructions; and,
(D) The covering is designed to be installed to prevent moisture
penetration without the use of a water-resistant adhesive or sealer
except as required in this paragraph (g). The vertical edges of
penetrations for plumbing shall be covered with a moisture-resistant
adhesive or sealant. The vertical penetrations located under the bottom
plates of perimeter walls of rooms, areas, or compartments are not
required to be sealed; this does not include walls or partitions within
the rooms or areas.
(3) Carpet or carpet pads shall not be installed under concealed
spaces subject to excessive moisture, such as plumbing fixture spaces,
floor areas under installed laundry equipment. Carpet may be installed
in laundry space provided:
(i) The appliances are not provided;
(ii) The conditions of paragraph (g)(2) of this section are
followed; and
(iii) Instructions are provided to remove carpet when appliances are
installed.
(4) Except where substantiated by engineering analysis or tests:
(i) Notches on the ends of joists shall not exceed one-fourth the
joist depth.
(ii) Holes bored in joists shall not be within 2 inches of the top
or bottom of the joist, and the diameter of any such hole shall not
exceed one-third the depth of the joist.
(iii) Notches in the top or bottom of the joists shall not exceed
one-sixth the depth and shall not be located in the middle third of the
span.
(5) Bottom board material (with or without patches) shall meet or
exceed the level of 48 inch-pounds of puncture resistance as tested by
the Beach Puncture Test in accordance with Standard Test Methods for
Puncture and Stiffness of Paperboard, and Corrugated and Solid
Fiberboard, ASTM D-781-1968 (73). The material shall be suitable for
patches and the patch life shall be equivalent to the material life.
Patch installation instruction shall be included in the manufactured
home manufacturer's instructions.
(h) Roofs. (1) Roofs shall be of sufficient strength to withstand
the load requirements as defined in Sec. 3280.305 (b) and (c) without
exceeding the deflections specified in Sec. 3280.305(d). The connections
between roof framework members and bearing walls shall be fabricated in
such a manner to provide for the transfer of design vertical and
horizontal loads to the bearing walls and to resist uplift forces.
(2) Roofing membranes shall be of sufficient rigidity to prevent
deflection which would permit ponding of water or separation of seams
due to wind, snow, ice, erection or transportation forces.
(3) Cutting of roof framework members for passage of electrical,
plumbing or mechanical systems shall not be allowed except where
substantiated by engineering analysis.
(4) All roof penetrations for electrical, plumbing or mechanical
systems shall be properly flashed and sealed. In addition, where a metal
roof membrane is penetrated, a wood backer shall be installed. The
backer plate shall be not less than \5/16\ inch plywood, with exterior
glues, secured to the roof framing system beneath the metal roof, and
shall be of a size to assure that all screws securing the flashing are
held by the backer plate.
(i) Frame construction. The frame shall be capable of transmitting
all design loads to stabilizing devices without exceeding the allowable
load and deflections of this section. The frame shall also be capable of
withstanding the effects of transportation shock and vibration without
degradation as required by subpart J.
[[Page 130]]
(1) Welded connections. (i) All welds shall be made in accordance
with the applicable provisions of the Specification for Structural Steel
Buildings, Allowable Stress Design and Plastic Design, AISC, June 1,
1989. The Specification for the Design of Cold-Formed Steel Structural
Members, AISI-1986 with 1989 addendum, and the Stainless Steel Cold-
Formed Structural Design Manual, AISI-1974.
(ii) Regardless of the provisions of any reference standard
contained in this subpart, deposits of weld slag or flux shall be
required to be removed only from welded joints at the following
locations:
(A) Drawbar and coupling mechanisms;
(B) Main member splices, and
(C) Spring hanger to main member connections.
(2) Protection of metal frames against corrosion. Metal frames shall
be made corrosion resistant or protected against corrosion. Metal frames
may be protected against corrosion by painting.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 44 FR 66195, Nov. 19, 1979; 52 FR 4582, Feb. 12, 1987; 58
FR 55006, Oct. 25, 1993; 59 FR 2469, Jan. 14, 1994; 59 FR 15113, 15114,
Mar. 31, 1994; 62 FR 54547, Oct. 20, 1997]
Sec. 3280.306 Windstorm protection.
(a) Provisions for support and anchoring systems. Each manufactured
home shall have provisions for support/anchoring or foundation systems
that, when properly designed and installed, will resist overturning and
lateral movement (sliding) of the manufactured home as imposed by the
respective design loads. For Wind Zone I, the design wind loads to be
used for calculating resistance to overturning and lateral movement
shall be the simultaneous application of the wind loads indicated in
Sec. 3280.305(c)(1)(i), increased by a factor of 1.5. The 1.5 factor of
safety for Wind Zone I is also to be applied simultaneously to both the
vertical building projection, as horizontal wind load, and across the
surface of the full roof structure, as uplift loading. For Wind Zones II
and III, the resistance shall be determined by the simultaneous
application of the horizontal drag and uplift wind loads, in accordance
with Sec. 3280.305(c)(1)(ii). The basic allowable stresses of materials
required to resist overturning and lateral movement shall not be
increased in the design and proportioning of these members. No
additional shape or location factors need to be applied in the design of
the tiedown system. The dead load of the structure may be used to resist
these wind loading effects in all Wind Zones.
(1) The provisions of this section shall be followed and the support
and anchoring systems shall be designed by a Registered Professional
Engineer or Architect.
(2) The manufacturer of each manufactured home is required to make
provision for the support and anchoring systems but is not required to
provide the anchoring equipment or stabilizing devices. When the
manufacturer's installation instructions provide for the main frame
structure to be used as the points for connection of diagonal ties, no
specific connecting devices need be provided on the main frame
structure.
(b) Contents of instructions. (1) The manufacturer shall provide
printed instructions with each manufactured home specifying the location
and required capacity of stabilizing devices on which the design is
based. The manufacturer shall provide drawings and specifications
certified by a registered professional engineer or architect indicating
at least one acceptable system of anchoring, including the details of
required straps or cables, their end connections, and all other devices
needed to transfer the wind loads from the manufactured home to an
anchoring or foundation system.
(2) For anchoring systems, the instructions shall indicate:
(i) The minimum anchor capacity required;
(ii) That anchors should be certified by a professional engineer,
architect, or a nationally recognized testing laboratory as to their
resistance, based on the maximum angle of diagonal tie and/or vertical
tie loading (see paragraph (c)(3) of this section) and angle of anchor
installation, and type of soil in which the anchor is to be installed;
(iii) That ground anchors should be embedded below the frost line
and be at
[[Page 131]]
least 12 inches above the water table; and
(iv) That ground anchors should be installed to their full depth,
and stabilizer plates should be installed to provide added resistance to
overturning or sliding forces.
(v) That anchoring equipment should be certified by a registered
professional engineer or architect to resist these specified forces in
accordance with testing procedures in ASTM Standard Specification D3953-
91, Standard Specification for Strapping, Flat Steel and Seals.
(c) Design criteria. The provisions made for anchoring systems shall
be based on the following design criteria for manufactured homes.
(1) The minimum number of ties provided per side of each home shall
resist design wind loads required in Sec. 3280.305(c)(1).
(2) Ties shall be as evenly spaced as practicable along the length
of the manufactured home, with not more than two (2) feet open-end
spacing on each end.
(3) Vertical ties or straps shall be positioned at studs. Where a
vertical tie and a diagonal tie are located at the same place, both ties
may be connected to a single anchor, provided that the anchor used is
capable of carrying both loadings, simultaneously.
(4) Add-on sections of expandable manufactured homes shall have
provisions for vertical ties at the exposed ends.
(d) Requirements for ties. Manufactured homes in Wind Zone I require
only diagonal ties. These ties shall be placed along the main frame and
below the outer side walls. All manufactured homes designed to be
located in Wind Zones II and III shall have a vertical tie installed at
each diagonal tie location.
(e) Protection requirements. Protection shall be provided at sharp
corners where the anchoring system requires the use of external straps
or cables. Protection shall also be provided to minimize damage to
siding by the cable or strap.
(f) Anchoring equipment--load resistance. Anchoring equipment shall
be capable of resisting an allowable working load equal to or exceeding
3,150 pounds and shall be capable of withstanding a 50 percent overload
(4,725 pounds total) without failure of either the anchoring equipment
or the attachment point on the manufactured home.
(g) Anchoring equipment--weatherization. Anchoring equipment exposed
to weathering shall have a resistance to weather deterioration at least
equivalent to that provided by a coating of zinc on steel of not less
than 0.30 ounces per square foot of surface coated, and in accordance
with the following:
(1) Slit or cut edges of zinc-coated steel strapping do not need to
be zinc coated.
(2) Type 1, Finish B, Grade 1 steel strapping, 1-1/4 inches wide and
0.035 inches in thickness, certified by a registered professional
engineer or architect as conforming with ASTM Standard Specification
D3953-91, Standard Specification for Strapping, Flat Steel, and Seals.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4583, Feb. 12, 1987; 59 FR 2473, Jan. 14, 1994]
Sec. 3280.307 Resistance to elements and use.
(a) Exterior coverings shall be of moisture and weather resistive
materials attached with corrosion resistant fasteners to resist wind,
snow and rain. Metal coverings and exposed metal structural members
shall be of corrosion resistant materials or shall be protected to
resist corrosion. All joints between portions of the exterior covering
shall be designed, and assembled to protect against the infiltration of
air and water, except for any designed ventilation of wall or roof
cavity.
(b) Joints between dissimilar materials and joints between exterior
coverings and frames of openings shall be protected with a compatible
sealant suitable to resist infiltration of air or water.
(c) Where adjoining materials or assemblies of materials are of such
nature that separation can occur due to expansion, contraction, wind
loads or other loads induced by erection or transportation, sealants
shall be of a type that maintains protection against infiltration or
penetration by air, moisture or vermin.
[[Page 132]]
(d) Exterior surfaces shall be sealed to resist the entrance of
rodents.
Sec. 3280.308 Formaldehyde emission controls for certain wood products.
(a) Formaldehyde emission levels. All plywood and particleboard
materials bonded with a resin system or coated with a surface finish
containing formaldehyde shall not exceed the following formaldehyde
emission levels when installed in manufactured homes:
(1) Plywood materials shall not emit formaldehyde in excess of 0.2
parts per million (ppm) as measured by the air chamber test method
specified in Sec. 3280.406.
(2) Particleboard materials shall not emit formaldehyde in excess of
0.3 ppm as measured by the air chamber test specified in Sec. 3280.406.
(b) Product certification and continuing qualification. All plywood
and particleboard materials to be installed in manufactured homes which
are bonded with a resin system or coated with a surface finish
containing formaldehyde, other than an exclusively phenol-formaldehyde
resin system or finish, shall be certified by a nationally recognized
testing laboratory as complying with paragraph (a) of this section.
(1) Separate certification shall be done for each plant where the
particleboard is produced or where the plywood or particleboard is
surface-finished.
(2) To certify plywood or particleboard, the testing laboratory
shall witness or conduct the air chamber test specified in Sec. 3280.406
on randomly selected panels initially and at least quarterly thereafter.
(3) The testing laboratory must approve a written quality control
plan for each plant where the particleboard is produced or finished or
where the plywood is finished. The quality control plan must be designed
to assure that all panels comply with paragraph (a) of this section. The
plan must establish ongoing procedures to identify increases in the
formaldehyde emission characteristics of the finished product resulting
from the following changes in production.
(i) In the case of plywood:
(A) The facility where the unfinished panels are produced is
changed;
(B) The thickness of the panels is changed so that the panels are
thinner; or
(C) The grooving pattern on the panels is changed so that the
grooves are deeper or closer together.
(ii) In the case of particleboard:
(A) The resin formulation is changed so that the formaldehyde-to-
urea ratio is increased;
(B) The amount of formaldehyde resin used is increased; or
(C) The press time is decreased.
(iii) In the case of plywood or particleboard:
(A) The finishing or top coat is changed and the new finishing or
top coat has a greater formaldehyde content; or
(B) The amount of finishing or top coat used on the panels is
increased, provided that such finishing or top coat contains
formaldehyde.
(4) The testing laboratory shall periodically visit the plant to
monitor quality control procedures to assure that all certified panels
meet the standard.
(5) To maintain its certification, plywood or particleboard must be
tested by the air chamber test specified in Sec. 3280.406 whenever one
of the following events occurs:
(i) In the case of particleboard, the resin formulation is changed
so that the formaldehyde-to-urea ratio is increased; or
(ii) In the case of particleboard or plywood, the finishing or top
coat is changed and the new finishing or top coat contains formaldehyde;
or
(iii) In the case of particleboard or plywood, the testing
laboratory determines that an air chamber test is necessary to assure
that panels comply with paragraph (a) of this section.
(6) In the event that an air chamber test measures levels of
formaldehyde from plywood or particleboard in excess of those permitted
under paragraph (a) of this section, then the tested product's
certification immediately lapses as of the date of production of the
tested panels. No panel produced on the same date as the tested panels
or on any day thereafter may be used or
[[Page 133]]
certified for use in manufactured homes.
(i) Provided, however, that a new product certification may be
obtained by testing randomly selected panels which were produced on any
day following the date of production of the tested panels. If such
panels pass the air chamber test specified in Sec. 3280.406, then the
plywood or particleboard produced on that day and subsequent days may be
used and certified for use in manufactured homes.
(ii) Provided further, that plywood or particleboard produced on the
same day as the tested panels, and panels produced on subsequent days,
if not certified pursuant to paragraph (b)(4)(i) of this section, may be
used in manufactured homes only under the following circumstances:
(A) Each panel is treated with a scavenger, sealant, or other means
of reducing formaldehyde emissions which does not adversely affect the
structural quality of the product; and
(B) Panels randomly selected from the treated panels are tested by
and pass the air chamber test specified in Sec. 3280.406.
(c) Panel identification. Each plywood and particleboard panel to be
installed in manufactured homes which is bonded or coated with a resin
system containing formaldehyde, other than an exclusively phenol-
formaldehyde resin system, shall be stamped or labeled so as to identify
the product manufacturer, date of production and/or lot number, and the
testing laboratory certifying compliance with this section.
(d) Treatment after certification. If certified plywood or
particleboard subsequently is treated with paint, varnish, or any other
substance containing formaldehyde, then the certification is no longer
valid. In such a case, each stamp or label placed on the panels pursuant
to paragraph (c) of this section must be obliterated. In addition, the
treated panels may be recertified and reidentified in accordance with
paragraphs (b) and (c) of this section.
[49 FR 32011, Aug. 9, 1984]
Sec. 3280.309 Health Notice on formaldehyde emissions.
(a) Each manufactured home shall have a Health Notice on
formaldehyde emissions prominently displayed in a temporary manner in
the kitchen (i.e., countertop or exposed cabinet face). The Notice shall
read as follows:
Important Health Notice
Some of the building materials used in this home emit formaldehyde.
Eye, nose, and throat irritation, headache, nausea, and a variety of
asthma-like symptoms, including shortness of breath, have been reported
as a result of formaldehyde exposure. Elderly persons and young
children, as well as anyone with a history of asthma, allergies, or lung
problems, may be at greater risk. Research is continuing on the possible
long-term effects of exposure to formaldehyde.
Reduced ventilation resulting from energy efficiency standards may
allow formaldehyde and other contaminants to accumulate in the indoor
air. Additional ventilation to dilute the indoor air may be obtained
from a passive or mechanical ventilation system offered by the
manufacturer. Consult your dealer for information about the ventilation
options offered with this home.
High indoor temperatures and humidity raise formaldehyde levels.
When a home is to be located in areas subject to extreme summer
temperatures, an air-conditioning system can be used to control indoor
temperature levels. Check the comfort cooling certificate to determine
if this home has been equipped or designed for the installation of an
air-conditioning system.
If you have any questions regarding the health effects of
formaldehyde, consult your doctor or local health department.
(b) The Notice shall be legible and typed using letters at least \1/
4\ inch in size. The title shall be typed using letters at least \3/4\
inch in size.
(c) The Notice shall not be removed by any party until the entire
sales transaction has been completed (refer to part 3282--Manufactured
Home Procedural and Enforcement Regulations for provisions regarding a
sales transaction).
(d) A copy of the Notice shall be included in the Consumer Manual
(refer to part 3283--Manufactured Home Consumer Manual Requirements).
[49 FR 32012, Aug. 9, 1984, as amended at 54 FR 46049, Nov. 1, 1989; 58
FR 55007, Oct. 25, 1993]
[[Page 134]]
Subpart E--Testing
Sec. 3280.401 Structural load tests.
Every structural assembly tested shall be capable of meeting the
Proof Load Test or the Ultimate Load Test as follows:
(a) Proof load tests. Every structural assembly tested shall be
capable of sustaining its dead load plus superimposed live loads equal
to 1.75 times the required live loads for a period of 12 hours without
failure. Tests shall be conducted with loads applied and deflections
recorded in \1/4\ design live load increments at 10-minute intervals
until 1.25 times design live load plus dead load has been reached.
Additional load shall then be applied continuously until 1.75 times
design live load plus dead load has been reached. Assembly failure shall
be considered as design live load deflection (or residual deflection
measured 12 hours after live load removal) which is greater than the
limits set in Sec. 3280.305(d), rupture, fracture, or excessive
yielding. An assembly to be tested shall be of the minimum quality of
materials and workmanship of the production. Each test assembly,
component or subassembly shall be identified as to type and quality or
grade of material. All assemblies, components or subassemblies
qualifying under this section shall be subject to a continuing
qualification testing program acceptable to the Department.
(b) Ultimate load tests. Ultimate load tests shall be performed on a
minimum of three assemblies or components to generally evaluate the
structural design. Every structural assembly or component tested shall
be capable of sustaining its total dead load plus the design live load
increased by a factor of safety of at least 2.5. A factor of safety
greater than 2.5 shall be used when required by an applicable reference
standard in Sec. 3280.304(b)(1). Tests shall be conducted with loads
applied and deflections recorded in \1/4\ design live load increments at
10-minute intervals until 1.25 times design live load plus dead load has
been reached. Additional loading shall then be applied continuously
until failure occurs or the total of the factor of safety times the
design live load plus the dead load is reached. Assembly failure shall
be considered as design live load deflection greater than the limits set
in Sec. 3208.305(d), rupture, fracture, or excessive yielding.
Assemblies to be tested shall be representative of average quality or
materials and workmanship of the production. Each test assembly,
component, or sub-assembly shall be identified as to type and quality or
grade of material. All assemblies, components, or sub-assemblies
qualifying under this section shall be subject to a periodic
qualification testing program acceptable to the Department.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55007, Oct. 25, 1993]
Sec. 3280.402 Test procedure for roof trusses.
(a) Roof load tests. The following is an acceptable test procedure,
consistent with the provisions of Sec. 3280.401, for roof trusses that
are supported at the ends and support design loads. Where roof trusses
act as support for other members, act as cantilevers, or support
concentrated loads, they shall be tested accordingly.
(b) General. Trusses may be tested in pairs or singly in a suitable
test facility. When tested singly, simulated lateral support of the test
assembly may be provided, but in no case shall this lateral support
exceed that which is specified for the completed manufactured home. When
tested in pairs, the trusses shall be spaced at the design spacing and
shall be mounted on solid support accurately positioned to give the
required clear span distance (L) as specified in the design. The top and
bottom chords shall be braced and covered with the material, with
connections or method of attachment, as specified by the completed
manufactured home.
(1) As an alternate test procedure, the top chord may be sheathed
with \1/4\ inch by 12 inch plywood strips. The plywood strips shall be
at least long enough to cover the top chords of the trusses at the
designated design truss spacing. Adjacent plywood strips must be
separated by at least \1/8\ inch. The plywood strip shall be nailed with
4d nails or equivalent staples not closer than 8 inches on center along
the top
[[Page 135]]
chord. The bottom chords of the adjacent trusses may be either:
(i) Unbraced,
(ii) Laterally braced together (not cross braced) with 1" x 2"
stripping not closer than 24 inches on center nailed with only one 6d
nail at each truss, or
(iii) Covered with the material, with connections or methods of
attachment, as specified for the completed manufactured home.
(2) Truss deflections will be measured relative to a taut wire
running over the support and weighted at the end to insure constant
tension or other approved methods. Deflections will be measured at the
two quarter points and at midspan. Loading shall be applied to the top
chord through a suitable hydraulic, pneumatic, or mechanical system,
masonry units, or weights to simulate design loads. Load units for
uniformly distributed loads shall be separated so that arch action does
not occur, and shall be spaced not greater than 12 inches on center so
as to simulate uniform loading.
(c) Nondestructive test procedure--(1) Dead load plus live load. (i)
Noting figure A-1, measure and record initial elevation of the truss in
test position at no load.
[[Page 136]]
[GRAPHIC] [TIFF OMITTED] TC17OC91.008
(ii) Apply load units to the top chord of the truss equal to the
full dead load of roof and ceiling. Measure and record deflections.
(iii) Maintaining the dead load, add live load in approximate \1/4\
design live load increments. Measure the deflections after each loading
increment.
[[Page 137]]
Apply incremental loads at a uniform rate such that approximately one-
half hour is required to establish the total design load condition.
Measure and record the deflections five minutes after loads have been
applied. The maximum deflection due to design live load (deflection
measured in step (iii) minus step (ii)) shall not exceed L/180, where L
is a clear span measured in the same units.
(iv) Continue to load truss to dead load plus 1.75 times the design
live load. Maintain this loading for 12 hours and inspect the truss for
failure.
(v) Remove the total superimposed live load. Trusses not recovering
to at least the L/180 position within 12 hours shall be considered as
failing.
(2) Uplift loads. This test shall only be required for truss designs
which may be critical under uplift load conditions.
(i) Measure and record initial elevation of the truss in an inverted
test position at no load. Bottom chord of the truss shall be mounted in
the horizontal position.
(ii) Apply the uplift load as stated in Sec. 3280.305(c) to the
bottom chord of the truss. Measure and record the deflections 5 minutes
after the load has been applied.
(iii) Continue to load the truss to 1.75 times the design uplift
load. Maintain this load for 3 hours and inspect the truss for failure.
(iv) Remove applied loads and within three hours the truss must
recover to at least L/180 position, where L is a clear span measured in
the same units.
(d) Destructive test procedure. (1) Destructive tests shall be
performed on three trusses to generally evaluate the truss design.
(2) Noting figure A-1, apply the load units to the top chord of the
truss assembly equal to full dead load of roof and ceiling. Measure and
record deflections. Then apply load and record deflections in \1/4\
design live load increments at 10-minute intervals until 1.25 times
design live load plus dead load has been reached.
(3) Additional loading shall then be applied continuously until
failure occurs or the factor of safety times the design live load plus
the dead load is reached.
(4) Assembly failure shall be considered as design live load
deflection greater than the limits set in Sec. 3280.305(d), rupture,
fracture, or excessive yielding.
(5) The assembly shall be capable of sustaining the dead load plus
the applicable factor of safety times the design live load (the
applicable factor of safety for wood trusses shall be taken as 2.50).
(e) Trusses qualifying under the nondestructive test procedure.
Tests Sec. 3208.402(c) (1) and (2) (when required), shall be subject to
a continuing qualification testing program acceptable to the Department.
Trusses qualifying under the destructive test procedures, Tests
Sec. 3280.402 (c)(2) (when required), and (d), shall be subject to
periodic tests only.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977.
Redesignated at 44 FR 20679. Apr. 6, 1979, as amended at 58 FR 55008,
Oct. 25, 1993]
Sec. 3280.403 Standard for windows and sliding glass doors used in manufactured homes.
(a) Scope. This section sets the requirements for prime windows and
sliding glass doors except for windows used in entry doors. Windows so
mounted are components of the door and thus are excluded from this
standard.
(b) Standard. All primary windows and sliding glass doors shall
comply with AAMA Standard 1701.2-1985, Primary Window and Sliding Glass
Door Voluntary Standard for Utilization in Manufactured Housing, except
that by January 17, 1995, the exterior and interior pressure tests shall
be conducted at the design wind loads required for components and
cladding specified in Sec. 3280.305(c)(1).
(c) Installation. All primary windows and sliding glass doors shall
be installed in a manner which allows proper operation and provides
protection against the elements (see Sec. 3280.307).
(d) Glass. (1) Safety glazing materials, where used, shall meet ANSI
Z97.1-1984, ``Safety Performance Specifications and Methods of Test for
Safety Glazing Materials Used in Buildings.''
[[Page 138]]
(2) Sealed insulating glass, where used, shall meet all performance
requirements for Class C in accordance with ASTM E-774-92, Standard
Specification for Sealed Insulating Glass Units. The sealing system
shall be qualified in accordance with ASTM E-773-88 Standard Test
Methods for Seal Durability of Sealed Insulating Glass Units. Each glass
unit shall be permanently identified with the name of the insulating
glass manufacturer.
(e) Certification. All primary windows and sliding glass doors to be
installed in manufactured homes shall be certified as complying with
AAMA Standard 1701.2-1985. As of January 17, 1995, this certification
must be based on tests conducted at the design wind loads specified in
Sec. 3280.305(c)(1).
(1) All such windows and doors shall show evidence of certification
by affixing a quality certification label to the product in accordance
with ANSI Z34.1-1987, ``For Certification-Third-Party Certification
Program.''
(2) In determining certifiability of the products, an independent
quality assurance agency shall conduct preproduction specimen tests in
accordance with AAMA 1702.2-1985. Further, such agency shall inspect the
product manufacturer's facility at least twice per year.
(f) Protection of primary window and sliding glass door openings in
high wind areas. For homes designed to be located in Wind Zones II and
III, manufacturers shall design exterior walls surrounding the primary
window and sliding glass door openings to allow for the installation of
shutters or other protective covers, such as plywood, to cover these
openings. Although not required, the Department encourages manufacturers
to provide the shutters or protective covers and to install receiving
devices, sleeves, or anchors for fasteners to be used to secure the
shutters or protective covers to the exterior walls. If the manufacturer
does not provide shutters or other protective covers to cover these
openings, the manufacturer must provide to the homeowner instructions
for at least one method of protecting primary window and sliding glass
door openings. This method must be capable of resisting the design wind
pressures specified in Sec. 3280.305 without taking the home out of
conformance with the standards in this part. These instructions must be
included in the printed instructions that accompany each manufactured
home. The instructions shall also indicate whether receiving devices,
sleeves, or anchors, for fasteners to be used to secure the shutters or
protective covers to the exterior walls, have been installed or provided
by the manufacturer.
[52 FR 4583, Feb. 12, 1987, as amended at 52 FR 35543, Sept. 22, 1987;
58 FR 55009, Oct. 25, 1993; 59 FR 2474, Jan. 14, 1994]
Sec. 3280.404 Standard for egress windows and devices for use in manufactured homes.
(a) Scope and purpose. The purpose of this section is to establish
the requirements for the design, construction, and installation of
windows and approved devices intended to be used as an emergency exit
during conditions encountered in a fire or similar disaster.
(b) Performance. Egress windows including auxiliary frame and seals,
if any, shall meet all requirements of AAMA Standard 1701.2-1985,
Primary Window and Sliding Glass Door Voluntary Standard for Utilization
in Manufactured Housing and AAMA Standard 1704-1985, Voluntary Standard
Egress Window Systems for Utilization in Manufactured--Housing, except
that by January 17, 1995, the exterior and interior pressure tests for
components and cladding shall be conducted at the design wind loads
required by Sec. 3280.305(c)(1).
(c) Installation. (1) The installation of egress windows or devices
shall be installed in a manner which allows for proper operation and
provides protection against the elements. (See Sec. 3280.307.)
(2) An operational check of each installed egress window or device
shall be made at the manufactured home factory. All egress windows and
devices shall be openable to the minimum required dimension without
binding or requiring the use of tools. Any window or device failing this
check shall be repaired or replaced. A repaired window shall conform to
its certification. Any repaired or replaced window or device shall pass
the operational check.
[[Page 139]]
(d) Operating instructions. Operating instructions shall be affixed
to each egress window and device and carry the legend ``Do Not Remove.''
(e) Certification of egress windows and devices. Egress windows and
devices shall be listed in accordance with the procedures and
requirements of AAMA Standard 1704-1985. As of January 17, 1995, this
certification must be based on tests conducted at the design wind loads
specified in Sec. 3280.305(c)(1).
(f) Protection of egress window openings in high wind areas. For
homes designed to be located in Wind Zones II and III, manufacturers
shall design exterior walls surrounding the egress window openings to
allow for the installation of shutters or other protective covers, such
as plywood, to cover these openings. Although not required, the
Department encourages manufacturers to provide the shutters or
protective covers and to install receiving devices, sleeves, or anchors
for fasteners to be used to secure the shutters or protective covers to
the exterior walls. If the manufacturer does not provide shutters or
other protective covers to cover these openings, the manufacturer must
provide to the homeowner instructions for at least one method of
protecting egress window openings. This method must be capable of
resisting the design wind pressures specified in Sec. 3280.305 without
taking the home out of conformance with the standards in this part.
These instructions must be included in the printed instructions that
accompany each manufactured home. The instructions shall also indicate
whether receiving devices, sleeves, or anchors, for fasteners to be used
to secure the shutters or protective covers to the exterior walls, have
been installed or provided by the manufacturer.
[52 FR 4583, Feb. 12, 1987, as amended at 59 FR 2474, Jan. 14, 1994]
Sec. 3280.405 Standard for swinging exterior passage doors for use in manufactured homes.
(a) Introduction. This standard applies to all exterior passage door
units, excluding sliding doors and doors used for access to utilities
and compartments. This standard applies only to the door frame
consisting of jambs, head and sill and the attached door or doors.
(b) Performance requirements. The design and construction of
exterior door units shall meet all requirements of AAMA 1702.2-1985,
Swinging Exterior Passage Doors Voluntary Standard for Utilization in
Manufactured--Housing.
(c) Materials and methods. Any material or method of construction
shall conform to the performance requirements as outlined in paragraph
(b) of this section. Wood materials or wood based materials shall also
conform to the following:
(1) Wood. Doors shall conform to the type 1 requirements of ANSI/
NWWDA I.S.1-87, Wood Flush Doors.
(2) Plywood. Plywood shall be exterior type and preservative treated
in accordance with NWWDA I.S.4-81, Water Repellent Preservative Non-
Pressure Treatment for Millwork.
(d) Exterior doors. All swinging exterior doors shall be installed
in a manner which allows proper operation and provides protection
against the elements (see Sec. 3280.307).
(e) Certification. All swinging exterior doors to be installed in
manufactured homes shall be certified as complying with AAMA Standard
1702.2-1985.
(1) All such doors shall show evidence of certification by affixing
a quality certification label to the product in accordance with ANSI
Z34.1-1982, ``For Certification-Third-Party Certification Program.''
(2) In determining certifiability of the products, an independent
quality assurance agency shall conduct preproduction specimen test in
accordance with AAMA 1701.2-1985. Further, such agency shall inspect the
product manufacturer's facility at least twice per year.
(f) Protection of exterior doors in high wind areas. For homes
designed to be located in Wind Zones II and III, manufacturers shall
design exterior walls surrounding the exterior door openings to allow
for the installation of shutters or other protective covers, such as
plywood, to cover these openings. Although not required, the Department
encourages manufacturers to provide the shutters or protective covers
and to install receiving devices, sleeves, or
[[Page 140]]
anchors for fasteners to be used to secure the shutters or protective
covers to the exterior walls. If the manufacturer does not provide
shutters or other protective covers to cover these openings, the
manufacturer must provide to the homeowner instructions for at least one
method of protecting exterior door openings. This method must be capable
of resisting the design wind pressures specified in Sec. 3280.305
without taking the home out of conformance with the standards in this
part. These instructions must be included in the printed instructions
that accompany each manufactured home. The instructions shall also
indicate whether receiving devices, sleeves, or anchors, for fasteners
to be used to secure the shutters or protective covers to the exterior
walls, have been installed or provided by the manufacturer.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4583, Feb. 12, 1987; 52 FR 35543, Sept. 22, 1987; 58
FR 55009, Oct. 25, 1993; 59 FR 2474, Jan. 14, 1994]
Sec. 3280.406 Air chamber test method for certification and qualification of formaldehyde emission levels.
(a) Preconditioning. Preconditioning of plywood or particleboard
panels for air chamber tests shall be initiated as soon as practicable
but not in excess of 30 days after the plywood or particleboard is
produced or surface-finished, whichever is later, using randomly
selected panels.
(1) If preconditioning is to be initiated more than two days after
the plywood or particleboard is produced or surface-finished, whichever
is later, the panels must be dead-stacked or air-tight wrapped until
preconditioning is initiated.
(2) Panels selected for testing in the air chamber shall not be
taken from the top or botton of the stack.
(b) Testing. Testing shall be conducted in accordance with the
Standard Test Method for Determining Formaldehyde Levels from Wood
Products Under Defined Test Conditions Using a Large Chamber, ASTM E-
1333-90, with the following exceptions:
(1) The chamber shall be operated indoors.
(2) Plywood and particleboard panels shall be individually tested in
accordance with the following loading ratios:
(i) Plywood--0.29 Ft2/Ft3, and
(ii) Particleboard--0.13 Ft2/Ft3.
(3) Temperature to be maintained inside the chamber shall be 77 deg.
plus or minus 2 deg. F.
(4) The test concentration (C) shall be standardized to a level
(CO) at a temperature (tO) of 77 deg. F and 50%
relative humidity (HO) by the following formula:
C = CO x [1 + Ax (H - HO)] x
e-R(1 / t - 1 / t O)
where:
C = Test formaldehyde concentration
CO = Standardized formaldehyde concentration
e = Natural log base
R = Coefficient of temperature (9799)
t = Actual test condition temperature (O K)
tO = Standardized temperature (O K)
A = Coefficient of humidity (0.0175)
H = Actual relative humidity (%)
HO = Standardized relative humidity (%)
The standardized level (CO) is the concentration used to
determine compliance with Sec. 3280.308(a).
(5) The air chamber shall be inspected and recalibrated at least
annually to insure its proper operation under test conditions.
[49 FR 32012, Aug. 9, 1984, as amended at 58 FR 55009, Oct. 25, 1993]
Subpart F--Thermal Protection
Sec. 3280.501 Scope.
This subpart sets forth the requirements for condensation control,
air infiltration, thermal insulation and certification for heating and
comfort cooling.
Sec. 3280.502 Definitions.
(a) The following definitions are applicable to subpart F only:
(1) Pressure envelope means that primary air barrier surrounding the
living space which serves to limit air leakage. In construction using
ventilated cavities, the pressure envelope is the interior skin.
(2) Thermal envelope area means the sum of the surface areas of
outside walls, ceiling and floor, including all openings. The wall area
is measured by
[[Page 141]]
multiplying outside wall lengths by the inside wall height from floor to
ceiling. The floor and ceiling areas are considered as horizontal
surfaces using exterior width and length.
Sec. 3280.503 Materials.
Materials used for insulation shall be of proven effectiveness and
adequate durability to assure that required design conditions concerning
thermal transmission are attained.
Sec. 3280.504 Condensation control and installation of vapor retarders.
(a) Ceiling vapor retarders. (1) In Uo Value Zones 2 and 3, ceilings
shall have a vapor retarder with a permanence of not greater than 1 perm
(as measured by ASTM E-96-93 Standard Test Methods for Water Vapor
Transmission of Materials) installed on the living space side of the
roof cavity.
(2) For manufactured homes designed for Uo Value Zone 1, the vapor
retarder may be omitted.
(b) Exterior walls. (1) Exterior walls shall have a vapor barrier
not greater than 1 perm (dry cup method) installed on the living space
side of the wall, or
(2) Unventilated wall cavities shall have an external covering and/
or sheathing which forms the pressure envelope. The covering and/or
sheathing shall have a combined permeance of not less than 5.0 perms. In
the absence of test data, combined permeance may be computed using the
formula: PTotal=(1/[(1/P1)+(1/P2)])
where P1 and P2 are the permeance values of the
exterior covering and sheathing in perms.
Formed exterior siding applied in sections with joints not caulked or
sealed shall not be considered to restrict water vapor transmission, or
(3) Wall cavities shall be constructed so that ventilation is
provided to dissipate any condensation occurring in these cavities.
(c) Attic or roof ventilation. (1) Attic and roof cavities shall be
vented in accordance with one of the following:
(i) A minimum free ventilation area of not less than 1/300 of the
attic or roof cavity floor area. At least 50 percent of the required
free ventilation area shall be provided by ventilators located in the
upper portion of the space to be ventilated. At least 40 percent shall
be provided by eave, soffit or low gable vents. The location and spacing
of the vent openings and ventilators shall provide cross-ventilation to
the entire attic or roof cavity space. A clear air passage space having
a minimum height of 1 inch shall be provided between the top of the
insulation and the roof sheathing or roof covering. Baffles or other
means shall be provided where needed to insure the 1 inch height of the
clear air passage space is maintained.
(ii) A mechanical attic or roof ventilation system may be installed
instead of providing the free ventilation area when the mechanical
system provides a minimum air change rate of 0.02 cubic feet per minute
(cfm) per sq. ft. of attic floor area. Intake and exhaust vents shall be
located so as to provide air movement throughout space.
(2) Single section manufactured homes constructed with metal roofs
and having no sheathing or underlayment installed, are not required to
be provided with attic or roof cavity ventilation provided that the air
leakage paths from the living space to the roof cavity created by
electrical outlets, electrical junctions, electrical cable penetrations,
plumbing penetrations, flue pipe penetrations and exhaust vent
penetrations are sealed.
(3) Parallel membrane roof section of a closed cell type
construction are not required to be ventilated.
(4) The vents provided for ventilating attics and roof cavities
shall be designed to resist entry of rain and insects.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55009, Oct. 25, 1993]
Sec. 3280.505 Air infiltration.
(a) Envelope air infiltration. The opaque envelope shall be designed
and constructed to limit air infiltration to the living area of the
home. Any design, material, method or combination thereof which
accomplishes this goal may be used. The goal of the infiltration control
criteria is to reduce heat loss/heat gain due to infiltration as much as
possible without impinging on
[[Page 142]]
health and comfort and within the limits of reasonable economics.
(1) Envelope penetrations. Plumbing, mechanical and electrical
penetrations of the pressure envelope not exempted by this part, and
installations of window and door frames shall be constructed or treated
to limit air infiltration. Penetrations of the pressure envelope made by
electrical equipment, other than distribution panel boards and cable and
conduit penetrations, are exempt from this requirement. Cable
penetrations through outlet boxes are considered exempt.
(2) Joints between major envelope elements. Joints not designed to
limit air infiltration between wall-to-wall, wall-to-ceiling and wall-
to-floor connections shall be caulked or otherwise sealed. When walls
are constructed to form a pressure envelope on the outside of the wall
cavity, they are deemed to meet this requirement.
Sec. 3280.506 Heat loss/heat gain.
The manufactured home heat loss/heat gain shall be determined by
methods outlined in Secs. 3280.508 and 3280.509. The Uo (Coefficient of
heat transmission) value zone for which the manufactured home is
acceptable and the lowest outdoor temperature to which the installed
heating equipment will maintain a temperature of 70 F shall be certified
as specified in Sec. 3280.510 of this subpart. The Uo value zone shall
be determined from the map in figure 506.
[[Page 143]]
[GRAPHIC] [TIFF OMITTED] TC17OC91.005
(a) Coefficient of heat transmission. The overall coefficient of
heat transmission (Uo) of the manufactured home for the respective zones
and an indoor design temperature of 70 F, including internal and
external ducts, and excluding infiltration, ventilation and condensation
control, shall not exceed
[[Page 144]]
the Btu/(hr.) (sq. ft.) (F) of the manufactured home envelope are as
tabulated below:
------------------------------------------------------------------------
Maximum coefficient of heat
Uo value zone transmission
------------------------------------------------------------------------
1........................................ 0.116 Btu/(hr.) (sq. ft.)
(F).
2........................................ 0.096 Btu/(hr.) (sq. ft.)
(F).
3........................................ 0.079 Btu/(hr.) (sq. ft.)
(F).
------------------------------------------------------------------------
(b) To assure uniform heat transmission in manufactured homes,
cavities in exterior walls, floors, and ceilings shall be provided with
thermal insulation.
(c) Manufactured homes designed for Uo Value Zone 3 shall be factory
equipped with storm windows or insulating glass.
[58 FR 55009, Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994]
Sec. 3280.507 Comfort heat gain.
Information necessary to calculate the home cooling load shall be
provided as specified in this part.
(a) Transmission heat gains. Homes complying with this section shall
meet the minimum heat loss transmission coefficients specified in
Sec. 3280.506(a).
Sec. 3280.508 Heat loss, heat gain and cooling load calculations.
(a) Information, values and data necessary for heat loss and heat
gain determinations shall be taken from the 1989 ASHRAE Handbook of
Fundamentals, chapters 20 through 27. The following portions of those
chapters are not applicable:
21.1 Steel Frame Construction
21.2 Masonry Construction
21.3 Floor Systems
21.14 Pipes
21.16 Tanks, Vessels and Equipment
21.17 Refrigerated Rooms and Buildings
22.15 Mechanical and Industrial Systems
23.13 Commercial Building Envelope Leakage
25.4 Calculation of Heat Loss from Crawl Spaces
(b) The calculation of the manufactured home's transmission heat
loss coefficient (Uo) shall be in accordance with the fundamental
principals of the 1989 ASHRAE Handbook of Fundamentals and, at a
minimum, shall address all the heat loss or heat gain considerations in
a manner consistent with the calculation procedures provided in the
document Overall U-values and Heating/Cooling Loads-Manufactured Homes--
February 1992-PNL 8006, HUD User No. 0005945.
(c) Areas where the insulation does not fully cover a surface or is
compressed shall be accounted for in the U-calculation (see
Sec. 3280.506). The effect of framing on the U-value must be included in
the Uo calculation. Other low-R-value heat-flow paths (``thermal
shorts'') shall be explicitly accounted for in the calculation of the
transmission heat loss coefficient if in the aggregate all types of low-
R-value paths amount to more than 1% of the total exterior surface area.
Areas are considered low-R-value heat-flow paths if:
(1) They separate conditioned and unconditioned space; and
(2) They are not insulated to a level that is at least one-half the
nominal insulation level of the surrounding building component.
(d) High efficiency heating and cooling equipment credit. The
calculated transmission heat loss coefficient (Uo) used for meeting the
requirement in Sec. 3280.506(a) may be adjusted for heating and cooling
equipment above that required by the National Appliance Energy
Conservation Act of 1987 (NAECA) by applying the following formula:
Uo adjusted = Uo standard x [1+(0.6) (heating efficiency increase
factor)+(cooling multiplier) (cooling efficiency increase factor)]
where:
Uo standard = Maximum Uo for Uo Zone required by Sec. 3280.506(a)
Uo adjusted = Maximum Uo standard adjusted for high efficiency HVAC
equipment
Heating efficiency increase factor = The increase factor in heating
equipment efficiency measured by the Annual Fuel Utilization Efficiency
(AFUE), or the Heating Seasonal Performance Factor (HSPF) for heat
pumps, above that required by NAECA (indicated as ``NAECA'' in formula).
The formula is heating efficiency increase factor = AFUE (HSPF) home -
AFUE (or HSPF) NAECA divided by AFUE (HSPF) NAECA.
Cooling efficiency increase factor = the increase factor in the cooling
equipment efficiency measured by the Seasonal Energy Efficiency Ratio
(SEER) above that required by NAECA.
[[Page 145]]
The formula being cooling equipment=SEER home--SEER NAECA divided by
SEER NAECA.
The cooling multiplier for the Uo Zone is from the following table:
------------------------------------------------------------------------
Uo zone Cooling multiplier (Cm)
------------------------------------------------------------------------
1........................................ 0.60 (Florida only).
1........................................ 0.20 (All other locations).
2........................................ 0.07.
3........................................ 0.03.
------------------------------------------------------------------------
(e) U-values for any glazing (windows, skylights, and the glazed
portions of any door) shall be based on tests using American
Architectural Manufacturers Association (AAMA) 1503.1-1988, Voluntary
Test Method for Thermal Transmittance and Condensation Resistance of
Windows, Doors and Glazed Wall Sections. In the absence of tests,
manufacturers shall use the residential window U values contained in
table 13 in chapter 27, the 1989 ASHRAE Handbook of Fundamentals. In the
event that the classification of the window type is indeterminate, the
manufacturer shall use the classification which gives the higher U
value. For the purpose of calculating Uo values, storm windows shall be
treated as an additional pane.
(f) Annual energy used based compliance. As an alternative, homes
may demonstrate compliance with the annual energy used implicit in the
coefficient of heat transmission (Uo) requirement. The annual energy use
determination must be based on generally accepted engineering practices.
The general requirement is to demonstrate that the home seeking
compliance approval has a projected annual energy use, including both
heating and cooling, less than or equal to a similar ``base case'' home
that meets the standard. The energy use for both homes must be
calculated based on the same assumptions; including assuming the same
dimensions for all boundaries between conditioned and unconditioned
spaces, site characteristics, usage patterns and climate.
[58 FR 55011, Oct. 25, 1993]
Sec. 3280.509 Criteria in absence of specific data.
In the absence of specific data, for purposes of heat-loss/gain
calculation, the following criteria shall be used:
(a) Infiltration heat loss. In the absence of measured infiltration
heat loss data, the following formula shall be used to calculate heat
loss due to infiltration and intermittently operated fans exhausting to
the outdoors. The perimeter calculation shall be based on the dimensions
of the pressure envelope.
Infiltration Heat-Loss=0.7 (T) (ft. of perimeter), BTU/hr.
where: T=70 minus the heating system capacity certification temperature
stipulated in the Heating Certificate, in F.
(b) Framing areas.
Wall..................................... 15 percent of wall area less
windows and doors.
Floor and Ceiling........................ 10 percent of the area.
(c) Insulation compression. Insulation compressed to less than
nominal thickness shall have its nominal R-values reduced for that area
which is compressed in accordance with the following graph:
[[Page 146]]
[GRAPHIC] [TIFF OMITTED] TC17OC91.006
When insulation is installed over the framing members the thermal
performance of the insulation is reduced due to compression at the
framing members. The Resistance value of the insulation between the
framing members is reduced by 12.5 percent for framing members 16" O.C.,
8.5 percent for framing members 24" O.C., and 4 percent for framing
members 48" O.C.
(d) Air supply ducts within floor cavity. Air supply ducts located
within a floor cavity shall be assumed to be heating or cooling the
floor cavity to living space temperatures unless the duct is
structurally isolated by the framing system or thermally insulated from
the rest of the floor cavity with a thermal insulation at least equal to
R-4.
(e) Air supply ducts within ceiling cavity. Where supply ducts are
located in ceiling cavities, the influence of the duct on cavity
temperatures shall be considered in calculating envelope heat loss or
heat gain.
(f) The supply duct loss (and/or heat gain where applicable--See
Sec. 3280.511) shall be calculated using the actual duct surface area
and the actual thickness of insulation between the duct and outside of
the manufactured home. If there is an air space of at least \1/2\ inch
between the duct and the insulation, heat loss/gain need not be
calculated if the cavity in which the duct is located is assumed to be
at living space temperature. The average temperature inside the supply
duct, including ducts installed outside the manufactured home, shall be
assumed to be 130 F for purposes of calculation of heat loss and 60 F
for heat gain.
(g) Return air cavities. Cavities used as return air plenums shall
be considered to be at living space temperature.
Sec. 3280.510 Heat loss certificate.
The manufactured home manufacturer shall permanently affix the
following ``Certificate'' to an interior surface of the home that is
readily visible to the homeowner. The ``Certificate'' shall specify the
following:
(a) Heating zone certification. The design zone at which the
manufactured home heat loss complies with Sec. 3280.506(a).
(b) Outdoor certification temperature. The lowest outdoor
temperature at which the installed heating equipment will maintain a
70 deg.F temperature inside the home without storm sash or insulating
glass for Zones 1 and 2, and with storm sash or insulating glass for
Zone 3 and complying with Sec. 3280.508 and Sec. 3280.509.
(c) Operating economy certification temperature. The temperature to
be specified for operating economy and energy conservation shall be
20 deg.F or 30% of the design temperature difference, whichever is
greater, added to the temperature specified as the heating system
capacity certification temperature without storm windows or insulating
glass in Zones 1 and 2 and with storm windows or insulating glass in
Zone 3. Design temperature difference is 70 deg.
[[Page 147]]
minus the heating system capacity certification temperature in degrees
Fahrenheit.
HEATING CERTIFICATE
Home Manufacturer_______________________________________________________
Plant Location__________________________________________________________
Home Model______________________________________________________________
(Include Uo Value Zone Map)
This manufactured home has been thermally insulated to conform with
the requirements of the Federal Manufactured Home Construction and
Safety Standards for all locations within Uo Value Zone ____.
Heating Equipment Manufacturer__________________________________________
Heating Equipment Model_________________________________________________
The above heating equipment has the capacity to maintain an average
70F temperature in this home at outdoor temperatures of [see paragraph
(b) of this section] F. To maximize furnace operating economy and to
conserve energy, it is recommended that this home be installed where the
outdoor winter design temperature (97 1/2%) is not higher than [see
paragraph (c) of this section] F degrees Fahrenheit.
The above information has been calculated assuming a maximum wind
velocity of 15 MPH at standard atmospheric pressure.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55011, Oct. 25, 1993]
Sec. 3280.511 Comfort cooling certificate and information.
(a) The manufactured home manufacturer shall permanently affix a
``Comfort Cooling Certificate'' to an interior surface of the home that
is readily visible to the home owner. This certificate may be combined
with the heating certificate required in Sec. 3280.510. The manufacturer
shall comply with one of the following three alternatives in providing
the certificate and additional information concerning the cooling of the
manufactured home:
(1) Alternative I. If a central air conditioning system is provided
by the home manufacturer, the heat gain calculation necessary to
properly size the air conditioning equipment shall be in accordance with
procedures outlined in chapter 22 of the 1989 ASHRAE Handbook of
Fundamentals, with an assumed location and orientation. The following
shall be supplied in the Comfort Cooling Certificate:
Air Conditioner Manufacturer____________________________________________
Air Conditioner Model___________________________________________________
Certified Capacity ______ BTU/Hr. in accordance with the appropriate
Air Conditioning and Refrigeration Institute Standards
The central air conditioning system provided with this home has been
sized, assuming an orientation of the front (hitch) end of the home
facing ______ and is designed on the basis of a 75 deg.F indoor
temperature and an outdoor temperature of __ deg.F dry bulb and __
deg.F wet bulb.
Example Alternate I
COMFORT COOLING CERTIFICATE
Manufactured Home Mfg___________________________________________________
Plant Location__________________________________________________________
Manufactured Home Model_________________________________________________
Air Conditioner Manufacturer____________________________________________
Certified Capacity ______ BTU/Hr. in accordance with the appropriate
Air Conditioning and Refrigeration Institute Standards.
The central air conditioning system provided with this home has been
sized assuming an orientation of the front (hitch end) of the home
facing ______. On this basis, the system is designed to maintain an
indoor temperature of 75 deg.F when outdoor temperatures are __ deg.F
dry bulb and __ deg.F wet bulb.
The temperature to which this home can be cooled will change
depending upon the amount of exposure of the windows to the sun's
radiant heat. Therefore, the home's heat gains will vary dependent upon
its orientation to the sun and any permanent shading provided.
Information concerning the calculation of cooling loads at various
locations, window exposures and shadings are provided in chapter 22 of
the 1989 edition of the ASHRAE Handbook of Fundamentals.
(2) Alternative 2. For each home suitable for a central air cooling
system, the manufacturer shall provide the following statement: ``This
air distribution system of this home is suitable for the installation of
a central air conditioning system.''
Example Alternate 2
Comfort Cooling Certificate
Manufactured Home Manufacturer__________________________________________
Plant Location__________________________________________________________
Manufactured Home Model_________________________________________________
This air distribution system of this home is suitable for the
installation of central air conditioning.
The supply air distribution system installed in this home is sized
for Manufactured Home Central Air Conditioning System of up to ______
B.T.U./Hr. rated capacity which are certified in accordance with the
appropriate Air Conditioning and Refrigeration Institute Standards. When
the air circulators of such air conditioners are rated
[[Page 148]]
at 0.3 inch water column static pressure or greater for the cooling air
delivered to the manufactured home supply air duct system.
Information necessary to calculate cooling loads at various
locations and orientations is provided in the special comfort cooling
information provided with this manufactured home.
(3) Alternative 3. If the manufactured home is not equipped with an
air supply duct system, or if the manufacturer elects not to designate
the home as being suitable for the installation of a central air
conditioning system, the manufacturer shall provide the following
statement: ``This air distribution system of this home has not been
designed in anticipation of its use with a central air conditioning
system.''
Example Alternate 3
Comfort Cooling Certificate
Manufactured Home Mfg___________________________________________________
Plant Location__________________________________________________________
Manufactured Home Model_________________________________________________
The air distribution system of this home has not been designed in
anticipation of its use with a central air conditioning system.
(b) For each home designated as suitable for central air
conditioning the manufacturer shall provide the maximum central
manufactured home air conditioning capacity certified in accordance with
the ARI Standard 210/240-89 Unitary Air-Conditioning and Air-Source Heat
Pump Equipment and in accordance with Sec. 3280.715(a)(3). If the
capacity information provided is based on entrances to the air supply
duct at other than the furnace plenum, the manufacturer shall indicate
the correct supply air entrance and return air exit locations.
(c) Comfort cooling information. For each manufactured home
designated, either ``suitable for'' or ``provided with'' a central air
conditioning system, the manufacturer shall provide comfort cooling
information specific to the manufactured home necessary to complete the
cooling load calculations. The comfort cooling information shall include
a statement to read as follows:
To determine the required capacity of equipment to cool a home
efficiently and economically, a cooling load (heat gain) calculation is
required. The cooling load is dependent on the orientation, location and
the structure of the home. Central air conditioners operate most
efficiently and provide the greatest comfort when their capacity closely
approximates the calculated cooling load. Each home's air conditioner
should be sized in accordance with chapter 22 of the American Society of
Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Handbook
of Fundamentals, 1989 Edition, once the location and orientation are
known.
Information Provided by the Manufacturer Necessary to Calculate Sensible
Heat Gain
Walls (without windows and doors)............................... U
Ceilings and roofs of light color............................... U
Ceilings and roofs of dark color................................ U
Floors.......................................................... U
Air ducts in floor.............................................. U
Air ducts in ceiling............................................ U
Air ducts installed outside the home............................ U
Information necessary to calculate duct areas.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55012, Oct. 25, 1993]
Subpart G--Plumbing Systems
Sec. 3280.601 Scope.
Subpart G of this standard covers the plumbing materials, fixtures,
and equipment installed within or on manufactured homes. It is the
intent of this subpart to assure water supply, drain, waste and vent
systems which permit satisfactory functioning and provide for health and
safety under all conditions of normal use.
Sec. 3280.602 Definitions.
The following definitions are applicable to subpart G only:
Accessible, when applied to a fixture, connection, appliance or
equipment, means having access thereto, but which may require removal of
an access panel or opening of a door.
Air gap (water distribution system) means the unobstructed vertical
distance through the free atmosphere between the lowest opening from any
pipe or faucet supplying water to a tank, plumbing fixture, water
supplied appliances, or other device and the flood level rim of the
receptacle.
Anti-siphon trap vent device means a device which automatically
opens to admit air to a fixture drain above the connection of the trap
arm so as to prevent siphonage, and closes tightly when the pressure
within the drainage
[[Page 149]]
system is equal to or greater than atmospheric pressure so as to prevent
the escape of gases from the drainage system into the manufactured home.
Backflow means the flow of water or other liquids, mixtures, or
substances into the distributing pipes of a potable supply of water from
any source or sources other than its intended sources.
Backflow connection means any arrangement whereby backflow can
occur.
Backflow preventer means a device or means to prevent backflow.
Branch means any part of the piping system other than a riser, main
or stack.
Common vent means a vent connecting at the junction of fixture
drains and serving as a vent for more than one fixture.
Continuous vent means a vertical vent that is a continuation of the
drain to which it connects.
Continuous waste means a drain from two or more fixtures connected
to a single trap.
Critical level means a point established by the testing laboratory
(usually stamped on the device by the manufacturer) which determines the
minimum elevation above the flood level rim of the fixture or receptacle
served on which the device may be installed. When a backflow prevention
device does not bear a critical level marking, the bottom of the vacuum
breaker, combination valve, or of any such approved or listed device
shall constitute the critical level.
Cross connection means any physical connection or arrangement
between two otherwise separate systems or sources, one of which contains
potable water and the other either water, steam, gas or chemical of
unknown or questionable safety whereby there may be a flow from one
system or source to the other, the direction of flow depending on the
pressure differential between the two systems.
Developed length means that length of pipe measured along the center
line of the pipe and fittings.
Diameter, unless otherwise specifically stated, means the nominal
(inside) diameter designated commercially.
Drain means a pipe that carries waste, water, or water-borne waste
in a drainage system.
Drain connector means the removable extension, consisting of all
pipes, fittings and appurtenances, from the drain outlet to the drain
inlet serving the manufactured home.
Drain outlet means the lowest end of the main or secondary drain to
which a sewer connection is made.
Drainage system means all piping within or attached to the structure
that conveys sewage or other liquid waste to the drain outlet, not
including the drain connector.
Fixture drain means the drain from the trap of a fixture to the
junction of that drain with any other drain pipe.
Fixture supply means the water supply pipe connecting a fixture to a
branch water supply pipe or directly to a main water supply pipe.
Flood-level means the level in the receptacle over which water would
overflow to the outside of the receptacle.
Flooded means the condition which results when the liquid in a
container or receptacle rises to the flood-level.
Flush tank means that portion of a water closet that is designed to
contain sufficient water to adequately flush the fixture.
Flush valve means a device located at the bottom of a flush tank for
flushing a water closet.
Flushometer tank: means a device integrated within an air
accumulator vessel which is designed to discharge a predetermined
quantity of water to fixtures for flushing purposes.
Flushometer valve means a device which discharges a predetermined
quantity of water to a fixture for flushing purposes and is closed by
direct water pressure.
Grade means the fall (slope) of a pipe in reference to a horizontal
plane expressed in inches per foot length.
Horizontal branch means any pipe extending laterally, which receives
the discharge from one or more fixture drains and connects to the main
drain.
Horizontal pipe means any pipe or fitting which makes an angle of
not more than 45 degrees with the horizontal.
Individual vent means a pipe installed to vent a fixture drain.
[[Page 150]]
Inlet coupling means the terminal end of the water system to which
the water service connection is attached. It may be a swivel fitting or
threaded pipe end.
Main means the principal artery of the system to which branches may
be connected.
Main drain means the lowest pipe of a drainage system which receives
sewage from all the fixtures within a manufactured home and conducts
these wastes to the drain outlet.
Main vent means the principal artery of the venting system to which
vent branches may be connected.
Offset means a combination of pipe and/or fittings that brings one
section of the pipe out of line but into a line parallel with the other
section.
Pitch. See Grade.
Plumbing appliance: means any one of a special class of plumbing
fixture which is intended to perform a special plumbing function. Its
operation and/or control may be dependent upon one or more energized
components, such as motors, control, heating elements, or pressure or
temperature-sensing elements. Such fixture may operate automatically
through one or more of the following actions: A time cycle, a
temperature range, a pressure range, a measured volume or weight, or the
fixture may be manually adjusted or controlled by the user or operator.
Plumbing appurtenance: means a manufactured device, or a
prefabricated assembly, or an on-the-job assembly of component parts,
and which is an adjunct to the basic piping system and plumbing system
and plumbing fixtures. An appurtenance demands no additional water
supply, nor does it add any discharge load to a fixture or the drainage
system.
Plumbing fixtures means receptacles, devices, or appliances which
are supplied with water or which receive liquid or liquid-borne wastes
for discharge into the drainage system.
Plumbing system means the water supply and distribution pipes;
plumbing fixtures, faucets and traps; soil, waste and vent pipes; and
water-treating or water-using equipment.
Primary vent. See main vent.
Relief vent means an auxiliary vent which permits additional
circulation of air in or between drainage and vent systems.
Secondary vent means any vent other than the main vent or those
serving each toilet.
Sewage means any liquid waste containing animal or vegetable matter
in suspension or solution, and may include liquids containing chemicals
in solution.
Siphonage means the loss of water seal from fixture traps resulting
from partial vacuum in the drainage system which may be of either of the
following two types, or a combination of the two:
(a) Self-siphonage resulting from vacuum in a fixture drain
generated solely by the discharge of the fixture served by that drain,
or,
(b) Induced siphonage resulting from vacuum in the drainage system
generated by the discharge of one or more fixtures other than the one
under observation.
Trap means a fitting or device designed and constructed to provide a
liquid seal that will prevent the back passage of air without materially
affecting the flow of liquid waste through it.
Trap arm means the portion of a fixture drain between a trap and its
vent.
Trap seal means the verticle depth of liquid that a trap will
retain.
Vacuum breaker. See backflow preventer.
Vent cap means the device or fitting which protects the vent pipe
from foreign substance with an opening to the atmosphere equal to the
area of the vent it serves.
Vent system means that part of a piping installation which provides
circulation of air within a drainage system.
Vertical pipe means any pipe or fitting which makes an angle of not
more than 45 degrees with the vertical.
Water closet drain means that part of the drainage piping which
receives the discharge from each individual water closet.
Water connection means the fitting or point of connection for the
manufactured home water distribution system designed for connection to a
water supply.
Water connector means the removable extension connecting the
manufactured home water distribution system to the water supply.
[[Page 151]]
Water distribution system means potable water piping within or
permanently attached to the manufactured home.
Wet vent means a vent which also serves as a drain for one or more
fixtures.
Wet vented drainage system means the specially designed system of
drain piping that also vents one or more plumbing fixtures by means of a
common waste and vent pipe.
Whirlpool bathtub means a plumbing appliance consisting of a bathtub
fixture which is equipped and fitted with a circulation piping system,
pump, and other appurtenances and is so designed to accept, circulate,
and discharge bathtub water upon each use.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4584, Feb. 12, 1987; 52 FR 47553, Dec. 15, 1987; 58
FR 55012, Oct. 25, 1993]
Sec. 3280.603 General requirements.
(a) Minimum requirements. Any plumbing system installed in a
manufactured home shall conform, at least, with the provisions of this
subpart.
(1) General. The plumbing system shall be of durable material, free
from defective workmanship, and so designed and constructed as to give
satisfactory service for a reasonable life expectancy.
(2) Conservation. Water closets shall be selected and adjusted to
use the minimum quantity of water consistent with proper performance and
cleaning.
(3) Connection to drainage system. All plumbing, fixtures, drains,
appurtenances, and appliances designed or used to receive or discharge
liquid waste or sewage shall be connected to the manufactured home
drainage system in a manner provided by this standard.
(4) Workmanship. All design, construction, and workmanship shall be
in conformance with accepted engineering practices and shall be of such
character as to secure the results sought to be obtained by this
standard.
(5) Components. Plumbing materials, devices, fixtures, fittings,
equipment, appliances, appurtenance, and accessories intended for use in
or attached to a manufactured home shall conform to one of the
applicable standards referenced in Sec. 3280.604. Where an applicable
standard is not referenced, or an alternative recognized standard is
utilized, the plumbing component shall be listed by a nationally
recognized testing laboratory, inspection agency or other qualified
organization as suitable for the intended use.
(6) Prohibited fittings and practices. (i) Drainage or vent piping
shall not be drilled and tapped for the purpose of making connections.
(ii) Except as specifically provided elsewhere in this standard,
vent pipes shall not be used as waste or drain pipes.
(iii) Fittings, connections, devices, or methods of installation
that obstruct or retard the flow of sewage, or air in the drainage or
venting systems in an amount greater than the normal frictional
resistance to flow shall not be used unless their use is acceptable in
this standard or their use is accepted as having a desirable and
acceptable function of ultimate benefit to the proper and continued
functioning of the plumbing system.
(iv) Cracks, holes, or other imperfections in materials shall not be
concealed by welding, brazing, or soldering or by paint, wax, tar, or
other leak-sealing or repairing agents.
(v) Piping, fixtures or equipment shall be located so as not to
interfere with the normal use or with the normal operation and use of
windows, doors or other required facilities.
(vi) Galvanized pipe shall not be bent or welded.
(7) Alignment of fittings. All valves, pipes, and fittings shall be
installed in correct relationship to the direction of flow.
(b) Protective requirements. (1) Cutting structural members.
Structural members shall not be unnecessarily or carelessly weakened by
cutting or notching.
(2) Exposed piping. All piping, pipe threads, hangers, and support
exposed to the weather, water, mud, and road hazard, and subject to
damage therefrom, shall be painted, coated, wrapped, or otherwise
protected from deterioration.
(3) Road damage. Pipes, supports, drains, outlets, or drain hoses
shall not extend or protrude in a manner where
[[Page 152]]
they could be unduly subjected to damage during transit.
(4) Freezing. All piping and fixtures subject to freezing
temperatures shall be insulated or protected to prevent freezing, under
normal occupancy. The manufacturer shall provide:
(i) Written installation instructions for the method(s) required for
compliance to this section;
(ii) A statement in his installation instructions that if heat tape
is used it shall be listed for use with manufactured homes;
(iii) A receptacle outlet for the use of a heat tape located on the
underside of the manufactured home within 2 feet of the water supply
inlet. The receptacle outlet provided shall not be placed on a branch
circuit which is protected by a ground fault circuit interrupter.
(5) All piping, except the fixture trap, shall be designed to allow
drainage.
(6) Rodent resistance. All exterior openings around piping and
equipment shall be sealed to resist the entrance of rodents.
(7) Piping and electrical wiring shall not pass through the same
holes in walls, floors or roofs. Plastic piping shall not be exposed to
heat in excess of manufacturers recommendation or radiation from heat
producing appliances.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 54383, Oct. 5, 1977.
Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55012,
Oct. 25, 1993]
Sec. 3280.604 Materials.
(a) Minimum standards. Materials, devices, fixtures, fittings,
equipment, appliances, appurtenances and accessories shall conform to
one of the standards in the following table and be free from defects.
Where an appropriate standard is not indicated in the table or a
standard not indicated in the table is preferred, the item may be used
if it is listed. A listing is also required when so specified in other
sections of this subpart.
(b) Where more than one standard is referenced for a particular
material or component, compliance with only one of those standards is
acceptable. Exceptions:
(1) When one of the reference standards requires evaluation of
chemical, toxicity or odor properties which are not included in the
other standard, then conformance to the applicable requirements of each
standard shall be demonstrated;
(2) When a plastic material or component is not covered by the
Standards in the following table, it shall be certified as non-toxic in
accordance with NSF14-1990, ``Plastic Piping Components and Related
Materials.''
Ferrous Pipe and Fittings
Gray Iron Threaded Fittings--ANSI/ASME B16.4-1992.
Malleable Iron Threaded Fittings--ANSI/ASME B16.3-1992.
Material and Property Standard for Special Cast Iron Fittings--IAPMO PS
5-84.
Welding and Seamless Wrought Steel Pipe--ANSI/ASME B36.10-1979.
Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-
Coated, Welded and Seamless--ASTM A53-93.
Pipe Threads, General Purpose (Inch)--ANSI/ASME B1.20.1-1983.
Standard Specification for Cast Iron Soil Pipe and Fittings--ASTM A74-
92.
Standard Specification for Hubless Cast Iron Soil Pipe and Fittings for
Sanitary and Storm Drain, Waste, and Vent Piping Applications--CISPI-
301-90.
Nonferrous Pipe and Fittings
Standard Specification for Seamless Copper Pipe, Standard Sizes--ASTM
B42-93.
Standard Specification for General Requirements for Wrought Seamless
Copper and Copper-Alloy Tube--ASTM B251-93.
Standard Specification for Seamless Copper Water Tube--ASTM B 88-93.
Standard Specification for Copper Drainage Tube (DWV)--ASTM B306-92.
Wrought Copper and Copper Alloy Solder-Joint Pressure Fitting--ASME/ANSI
B16.22-1989.
Wrought Copper and Wrought Copper Alloy Solder-Joint Drainage Fittings-
DWV--ASME/ANSI B16.29-1986.
Cast Copper Alloy Solder-Joint Pressure Fittings--ANSI B16.18-1984.
Cast Copper Alloy Solder-Joint Drainage Fittings-DWV--ASME B16.23-1992.
Cast Copper Alloy Fittings for Flared Copper Tubes--ASME/ANSI B16.26-
1988.
Standard Specification for Seamless Red Brass Pipe, Standard Sizes--ASTM
B43-91.
Cast Bronze Threaded Fittings, Classes 125 and 250--ANSI/ASME B16.15-
1985.
Plastic Pipe and Fittings
Standard Specification Acrylonitrile-Butadiene-Styrene (ABS) Schedule 40
Plastic
[[Page 153]]
Drain, Waste, and Vent Pipe and Fittings--ASTM D2661-91.
Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain,
Waste, and Vent Pipe and Fittings--ASTM D2665-91b.
Standard Specification for Drain, Waste, and Vent (DWV) Plastic Fittings
Patterns--ASTM D3311-92.
Standard Specification for Acrylonitrile-Butadiene-Styrene (ABS)
Schedule 40, Plastic Drain, Waste, and Vent Pipe With a Cellular Core--
ASTM F628-91.
Standard Specification for Chlorinated Poly (Vinyl Chloride) (CPVC)
Plastic Hot- and Cold-Water Distribution Systems--ASTM D2846-92.
Standard Specification for Polybutylene (PB) Plastic Hot- and Cold-Water
Distribution Systems--ASTM D3309-92a.
Plastic Piping Components and Related Materials--ANSI/NSF 14-1990.
Miscellaneous
Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe and
Fittings--ASTM C564-88.
Backflow Valves--ANSI A112.14.1-1975.
Plumbing Fixture Setting Compound--TTP 1536A-1975.
Material and Property Standard for Cast Brass and Tubing P-Traps--IAPMO
PS 2-89.
Relief Valves and Automatic Gas Shutoff Devices for Hot Water Supply
Systems--*ANSI Z21.22-1986, With Addendum Z21.22a-1990.
Standard Specification for Solvent Cement for Acrylonitrile-Butadiene-
Styrene (ABS) Plastic Pipe and Fittings--ASTM D2235-88.
Standard Specification for Solvent Cements for Poly (Vinyl Chloride)
(PVC) Plastic Piping Systems--ASTM D2564-91a.
Specification for Neoprene Rubber Gaskets for HUB and Spigot Cast Iron
Soil Pipe and Fittings--CISPI-HSN-85.
Plumbing System Components for Manufactured Homes and Recreational
Vehicles--ANSI/NSF 24-1988.
Material and Property Standard for Diversion Tees and Twin Waste Elbow--
IAPMO PS 9-84.
Material and Property Standard for Flexible Metallic Water Connectors--
IAPMO PS 14-89.
Material and Property Standard for Dishwasher Drain Airgaps--IAPMO PS
23-89.
Material and Property Standards for Backflow Prevention Assemblies--
IAPMO PS 31-91.
Plumbing Fixtures
Plumbing Fixtures (General Specifications)--FS WW-P-541E/GEN-1980.
Vitreous China Plumbing Fixtures--ANSI/ASME A112.19.2(M)-1990.
Enameled Cast Iron Plumbing Fixtures--ANSI/ASME A112.19.1M-1987.
Porcelain Enameled Formed Steel Plumbing Fixtures--ANSI/ASME
A112.19.4(M)-1984.
Plastic Bathtub Units With Addenda Z124.1a-1990 and Z124.16-1991--ANSI
Z124.1-1987.
Standard for Porcelain Enameled Formed Steel Plumbing Fixtures--IAPMO
TSC 22-85.
Plastic Shower Receptors and Shower Stalls With Addendum Z124.2a-1990--
ANSI Z124.2-1987.
Stainless Steel Plumbing Fixtures (Designed for Residential Use)--ANSI/
ASME A112.19.3M-1987.
Material and Property Standard for Drains for Prefabricated and Precast
Showers--IAPMO PS 4-90.
Plastic Lavatories with addendum Z124.3a-1990--ANSI Z124.3-1986.
Safety Performance Specifications and Methods of Test for Safety Glazing
Materials Used in Building--ANSI Z97.1-1984.
Plumbing Fixture Fittings--ANSI/ASME A112.18.1M-1989.
Trim for Water Closet, Bowls, Tanks, and Urinals--ANSI A112.19.5-1979.
Plastic Water Closets, Bowls and Tanks with Addenda Z124.4a-1990--ANSI
Z124.4-1986.
Whirlpool Bathtub Appliances--ASME/ANSI A112.19.7M-1987.
Performance Requirements for Individual Thermostatic Pressure Balancing
and Combination Control for Bathing Facilities--ASSE 1016-1988, (ANSI
1990).
Performance Requirements for Pressurized Flushing Devices (Flushometers)
For Plumbing Fixtures--ASSE 1037-1990 (ANSI-1990).
Performance Requirements for Water Closet Flush Tank Fill Valves
(Ballcocks)--ASSE 1002 Revision 5-1986, (ANSI/ASSE-1979).
Performance Requirements for Hand-held Showers--ASSE 1014-1989 (ANSI-
1990).
Hydrants for Utility and Maintenance Use--ANSI/ASME A112.21.3M-1985.
Performance Requirements for Home Laundry Equipment--ASSE 1007-1986.
Performance Requirements for Hot Water Dispensers, Household Storage
Type Electrical--ASSE 1023-ANSI/ASSE-1979.
Plumbing Requirements for Residential Use (Household) Dishwashers--ASSE
1006, ASSE/ANSI-1986.
Performance Requirements for Household Food Waste Disposer Units--ASSE
1008-1986.
Performance Requirements for Temperature Activated Mixing Valves for
Primary Domestic Use--ASSE 1017-1986.
Water Hammer Arresters--ANSI A112.26.1-1969 (R 1975).
Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, Hot Tubs
and Whirlpool Bathtub Appliances--ASME/ANSI A112.19.8M-1989.
[[Page 154]]
Air Gaps in Plumbing Systems--ASME A112.1.2-1991.
Performance Requirements for Diverters for Plumbing Faucets with Hose
Spray, Anti-Siphon Type, Residential Applications--ASSE 1025-ANSI/ASSE-
1978.
Performance Requirements for Pipe Applied Atmospheric Type Vacuum
Breakers--ASSE 1001 ASSE/ASNI-1990.
Performance Requirements for Hose Connection Vacuum Breakers--ASSE 1011-
1981 (ANSI-1982).
Performance Requirements for Wall Hydrants, Frost Proof Automatic
Draining, Anti-Backflow Types--ANSI/ASSE 1019-1978.
[58 FR 55013, Oct. 25, 1993]
Sec. 3280.605 Joints and connections.
(a) Tightness. Joints and connections in the plumbing system shall
be gastight and watertight for the pressures required under testing
procedures.
(1) Assembling of pipe. All joints and connections shall be
correctly assembled for tightness. Pipe threads shall be fully engaged
with the threads of the fitting. Plastic pipe and copper tubing shall be
inserted to the full depth of the solder cup or welding sockets of each
fitting. Pipe threads and slip joints shall not be wrapped with string,
paper, putty, or similar fillers.
(2) Threaded joints. Threads for screw pipe and fittings shall
conform to the approved or listed standard. Pipe ends shall be reamed
out to size of bore. All burrs, chips, cutting oil and foreign matter
shall be removed. Pipe joint cement or thread lubricant shall be of
approved type and applied to male threads only.
(3) Solder joints. Solder joints for tubing shall be made with
approved or listed solder type fittings. Surfaces to be soldered shall
be cleaned bright. The joints shall be properly fluxed with noncorrosive
paste type flux and, for manufactured homes to be connected to a public
water system, made with solder having not more than 0.2 percent lead.
(4) Plastic pipe, fittings and joints. Plastic pipe and fittings
shall be joined by installation methods recommended by the manufacturer
or in accordance with the provisions of a recognized, approved, or
listed standard.
(5) Union joints. Metal unions in water piping shall have metal-to-
metal ground seats.
(6) Flared joints. Flared joints for soft-copper water tubing shall
be made with approved or listed fittings. The tubing shall be expanded
with a proper flaring tool.
(7) Cast iron soil pipe joints. Approved or listed cast iron pipe
may be joined as follows:
(i) Approved or listed hubless pipe as per the manufacturer's
recommendation.
(ii) Hub and plain-end soil pipe may be joined by compression
fittings per the manufacturer's recommendation.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 53 FR 23611, June 23, 1988]
Sec. 3280.606 Traps and cleanouts.
(a) Traps--(1) Traps required. Each plumbing fixture, except listed
toilets, shall be separately trapped by approved water seal ``P'' traps.
All traps shall be effectively vented.
(2) Dual fixtures. A two-compartment sink, two single sinks, two
lavatories, or a single sink and a single lavatory with waste outlets
not more than 30 inches apart and in the same room and flood level rims
at the same level may be connected to one ``P'' trap and may be
considered as a single fixture for the purpose of drainage and vent
requirements.
(3) Prohibited traps. A trap which depends for its seal upon
concealed interior partitions shall not be used. Full ``S'' traps, bell
traps, drum traps, crown-vented traps, and running traps are prohibited.
Fixtures shall not be double-trapped.
(4) Material and design. Each trap shall be self-cleaning with a
smooth and uniform interior waterway. Traps shall be manufactured of
cast iron, cast brass, or drawn brass tubing of not less than No. 20
Brown and Sharpe gage, or approved or listed plastic, or other approved
or listed material. Union joints for a trap shall be beaded to provide a
shoulder for the union nut. Each trap shall have the manufacturer's name
stamped or cast in the body of the trap, and each tubing trap shall show
the gage of the tubing.
(5) Trap seal. Each ``P'' trap shall have a water seal of not less
than 2 inches and not more than 4 inches and shall be set true to its
seal.
[[Page 155]]
(6) Size. Traps shall be not less than 1\1/4\ inches in diameter. A
trap shall not be larger than the waste pipe to which it is connected.
(7) Location. Each trap shall be located as close to its vent and to
its fixture outlet as structural conditions will permit.
(8) Length of tailpiece. The vertical distance from a trap to the
fixture outlet shall not exceed 24 inches.
(9) Installation. (i) Grade of trap arm. The piping between a ``P''
trap and the fixture tee or the vented waste line shall be graded \1/4\
inch per foot towards the vent and in no event shall have a slope
greater than its diameter. The vent opening at fixture tees shall not be
below the weir of the ``P'' trap outlet.
(ii) Trap arm offset. The piping between the ``P'' trap and vent may
change direction or be offset horizontally with the equivalent of no
more than 180 degrees total change in direction with a maximum of 90
degrees by any one fitting.
(iii) Concealed traps. Traps with mechanical joints shall be
accessible for repair and inspection.
(iv) Removability of traps, etc. Traps shall be designed and
installed so the ``U'' bend is removable without removing the strainers
from the fixture. Continuous waste and tail pieces which are permanently
attached to the ``U'' bend shall also be removable without removing the
strainer from the fixture.
(b) Cleanout openings--(1) Location of cleanout fittings. (i)
Cleanouts shall be installed if the drainage system cannot be cleaned
through fixtures, drains, or vents. Cleanouts shall also be provided
when fittings of more than 45 degrees are used to affect an offset
except where long turn ells are used which provide sufficient ``sweep''
for cleaning.
(ii) A full size cleanout shall be installed at the upper end of any
section of drain piping which does not have the required minimum slope
of \1/4\ inch per foot grade.
(iii) A cleaning tool shall not be required to pass through more
than 360 degrees of fittings, excluding removable ``P'' traps, to reach
any part of the drainage system. Water closets may be removed for
drainage system access.
(2) Access to cleanouts. Cleanouts shall be accessible through an
unobstructed minimum clearance of 12 inches directly in front of the
opening. Each cleanout fitting shall open in a direction opposite to the
flow or at right angles to the pipe. Concealed cleanouts that are not
provided with access covers shall be extended to a point above the floor
or outside of the manufactured home, with pipe and fittings installed,
as required, for drainage piping without sags and pockets.
(3) Material. Plugs and caps shall be brass or approved or listed
plastic, with screw pipe threads.
(4) Design. Cleanout plugs shall have raised heads except that plugs
at floor level shall have counter-sunk slots.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55014, Oct. 25, 1993]
Sec. 3280.607 Plumbing fixtures.
(a) General requirements--(1) Quality of fixtures. Plumbing fixtures
shall have smooth impervious surfaces, be free from defects and
concealed fouling surfaces, be capable of resisting road shock and
vibration, and shall conform in quality and design to listed standards.
Fixtures shall be permanently marked with the manufacturer's name or
trademark.
(2) Strainers. The waste outlet of all plumbing fixtures, other than
toilets, shall be equipped with a drain fitting that will provide an
adequate unobstructed waterway.
(3) Fixture connections. Fixture tailpieces and continuous wastes in
exposed or accessible locations shall be not less than No. 20 Brown and
Sharpe gage seamless drawn-brass tubing or other approved pipe or tubing
materials. Inaccessible fixture connections shall be constructed
according to the requirements for drainage piping. Each fixture
tailpiece, continuous waste, or waste and overflow shall be not less
than 1\1/2\ inches for sinks of two or more compartments, dishwashers,
clothes washing machines, laundry tubs, bath tubs, and not less than
1\1/4\ inches for lavatories and single compartment sinks having a 2
inch maximum drain opening.
(4) Concealed connections. Concealed slip joint connections shall be
provided
[[Page 156]]
with adequately sized unobstructed access panels and shall be accessible
for inspection and repair.
(5) Directional fitting. An approved or listed ``Y'' or other
directional-type branch fitting shall be installed in every tailpiece or
continuous waste that receives the discharge from food waste disposal
units, dishwashing, or other force-discharge fixture or appliance. (See
also Sec. 3280.607(b)(4)(ii).)
(b) Fixtures. (1) Spacing. All plumbing fixtures shall be so
installed with regard to spacing as to be reasonably accessible for
their intended use.
(2) Water closets. (i) Water closets shall be designed and
manufactured according to approved or listed standards and shall be
equipped with a water flushing device capable of adequately flushing and
cleaning the bowl at each operation of the flushing mechanism.
(ii) Water closet flushing devices shall be designed to replace the
water seal in the bowl after each operation. Flush valves, flushometer
valves, flushometer tanks and ballcocks shall operate automatically to
shut off at the end of each flush or when the tank is filled to
operating capacity.
(iii) Flush tanks shall be fitted with an overflow pipe large enough
to prevent flooding at the maximum flow rate of the ball cock. Overflow
pipes shall discharge into the toilet, through the tank.
(iv) Water closets that have fouling surfaces that are not
thoroughly washed at each discharge shall be prohibited. Any water
closet that might permit the contents of the bowl to be siphoned back
into the water system shall be prohibited.
(v) Floor connection. Water closets shall be securely bolted to an
approved flange or other approved fitting which is secured to the floor
by means of corrosion-resistant screws. The bolts shall be of solid
brass or other corrosion-resistant material and shall be not less than
one-fourth inch in diameter. A watertight seal shall be made between the
water closet and flange or other approved fitting by use of a gasket or
sealing compound.
(3) Shower compartment. (i) Each compartment stall shall be provided
with an approved watertight receptor with sides and back extending at
least 1 inch above the finished dam or threshold. In no case shall the
depth of a shower receptor be less than 2 inches or more than 9 inches
measured from the top of the finished dam or threshold to the top of the
drain. The wall area shall be constructed of smooth, noncorrosive, and
nonabsorbent waterproof materials to a height not less than 6 feet above
the bathroom floor level. Such walls shall form a watertight joint with
each other and with the bathtub, receptor or shower floor. The floor of
the compartment shall slope uniformly to the drain at not less than one-
fourth nor more than one-half inch per foot.
(ii) The joint around the drain connection shall be made watertight
by a flange, clamping ring, or other approved listed means.
(iii) Shower doors and tub and shower enclosures shall be
constructed so as to be waterproof and, if glazed, glazing shall comply
with the standard for Safety Performance Specifications and Methods of
Test for Safety Glazing Materials Used in Buildings, ANSI Z97.1-1984.
(iv) Prefabricated plumbing fixtures shall be approved or listed.
(4) Dishwashing machines. (i) A dishwashing machine shall not be
directly connected to any waste piping, but shall discharge its waste
through a fixed air gap installed above the machine, or through a high
loop as specified by the dishwashing machine manufacturer, or into an
open standpipe-receptor with a height greater than the washing
compartment of the machine. When a standpipe is used, it shall be at
least 18 inches but not more than 30 inches above the trap weir. The
drain connections from the air gap or high loop may connect to an
individual trap, to a directional fitting installed in the sink
tailpiece or to an opening provided on the inlet side of a food waste
disposal unit.
(ii) Drain from a dishwashing machine shall not be connected to a
sink tailpiece, continuous waste line, or trap on the discharge side of
a food waste disposal unit.
(5) Clothes washing machines. (i) Clothes washing machines shall
drain either into a properly vented trap, into a laundry tub tailpiece
with watertight
[[Page 157]]
connections, into an open standpipe receptor, or over the rim of a
laundry tub.
(ii) Standpipes shall be 1\1/2\ inches minimum nominal iron pipe
size, 1\1/2\ inches diameter nominal brass tubing not less than No. 20
Brown and Sharpe gage, or 1\1/2\ inches approved plastic materials.
Receptors shall discharge into a vented trap or shall be connected to a
laundry tub tailpiece by means of an approved or listed directional
fitting. Each standpipe shall extend not less than 18 inches or more
than 30 inches above its trap and shall terminate in an accessible
location no lower than the top of clothes washing machine. A removable
tightfitting cap or plug shall be installed on the standpipe when
clothes washer is not provided.
(iii) Clothes washing machine drain shall not be connected to the
tailpiece, continuous waste, or trap of any sink or dishwashing machine.
(c) Installation--(1) Access. Each plumbing fixture and standpipe
receptor shall be located and installed in a manner to be accessible for
usage, cleaning, repair and replacement. Access to diverter valves and
other connections from the fixture hardware is not required.
(2) Alignment. Fixtures shall be set level and in true alignment
with adjacent walls. Where practical, piping from fixtures shall extend
to nearest wall.
(3) Brackets. Wall-hung fixtures shall be rigidly attached to walls
by metal brackets or supports without any strain being transmitted to
the piping connections. Flush tanks shall be securely fastened to
toilets or to the wall with corrosive-resistant materials.
(4) Tub supports. Bathtub rims at wall shall be supported on metal
hangers or on end-grain wood blocking attached to the wall unless
otherwise recommended by the manufacturer of the tub.
(5) Fixture fittings. Faucets and diverters shall be installed so
that the flow of hot water from the fittings corresponds to the left-
hand side of the fitting.
(6) Whirlpool bathtub appliances--(i) Access panel. A door or panel
of sufficient size shall be installed to provide access to the pump for
repair and/or replacement.
(ii) Piping drainage. The circulation pump shall be accessibly
located above the crown weir of the trap. The pump drain line shall be
properly sloped to drain the volute after fixture use.
(iii) Piping. Whirlpool bathtub circulation piping shall be
installed to be self-draining.
(iv) Electrical. Refer to the National Electrical Code, NFPA 70-
1993, Article 685G.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977.
Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4586,
Feb. 12, 1987; 58 FR 55014, Oct. 25, 1993]
Sec. 3280.608 Hangers and supports.
(a) Strains and stresses. Piping in a plumbing system shall be
installed without undue strains and stresses, and provision shall be
made for expansion, contraction, and structural settlement.
(b) Piping supports. Piping shall be secured at sufficiently close
intervals to keep the pipe in alignment and carry the weight of the pipe
and contents. Unless otherwise stated in the standards for specific
materials shown in the table in Sec. 3280.604(a), or unless specified by
the pipe manufacturer, plastic drainage piping shall be supported at
intervals not to exceed 4 feet and plastic water piping shall be
supported at intervals not to exceed 3 feet.
(c) Hangers and anchors. (1) Hangers and anchors shall be of
sufficient strength to support their proportional share of the pipe
alignments and prevent rattling.
(2) Piping shall be securely attached to the structure by hangers,
clamps, or brackets which provide protection against motion, vibration,
road shock, or torque in the chassis.
(3) Hangers and straps supporting plastic pipe shall not compress,
distort, cut or abrade the piping and shall allow free movement of the
pipe.
Sec. 3280.609 Water distribution systems.
(a) Water supply--(1) Supply piping. Piping systems shall be sized
to provide an adequate quantity of water to each plumbing fixture at a
flow rate sufficient to keep the fixture in a clean and sanitary
condition without any danger of backflow or siphonage. (See
[[Page 158]]
table in Sec. 3280.609(f)(1)). The manufacturer shall include in his
written installation instructions that the manufactured home has been
designed for an inlet water pressure of 80 psi, and a statement that
when the manufactured home is to be installed in areas where the water
pressure exceeds 80 psi, a pressure reducing valve should be installed.
(2) Hot water supply. Each manufactured home equipped with a kitchen
sink, and bathtub and/or shower shall be provided with a hot water
supply system including a listed water heater.
(b) Water outlets and supply connections--(1) Water connection. Each
manufactured home with a water distribution system shall be equipped
with a \3/4\ inch threaded inlet connection. This connection shall be
tagged or marked ``Fresh Water Connection'' (or marked ``Fresh Water
Fill''). A matching cap or plug shall be provided to seal the water
inlet when it is not in use, and shall be permanently attached to the
manufactured home or water supply piping. When a master cold water
shutoff full flow valve is not installed on the main feeder line in an
accessible location, the manufacturer's installation instructions shall
indicate that such a valve is to be installed in the water supply line
adjacent to the home. When a manufactured home includes expandable rooms
or is composed of two or more units, fittings or connectors designed for
such purpose shall be provided to connect any water piping. When not
connected, the water piping shall be protected by means of matching
threaded caps or plugs.
(2) Prohibited connections. (i) The installation of potable water
supply piping or fixture or appliance connections shall be made in a
manner to preclude the possibility of backflow.
(ii) No part of the water system shall be connected to any drainage
or vent piping.
(3) Rim outlets. The outlets of faucets, spouts, and similar devices
shall be spaced at least 1 inch above the flood level of the fixture.
(4) Appliance connections. Water supplies connected to clothes
washing or dishwashing machines shall be protected by an approved or
listed fixed air gap provided within the appliance by the manufacturer.
(5) Flushometer valves or manually operated flush valves. An
approved or listed vacuum breaker shall be installed and maintained in
the water supply line on the discharge side of a water closet
flushometer valve or manually operated flush valve. Vacuum breakers
shall have a minimum clearance of 6 inches above the flood level of the
fixture to the critical level mark unless otherwise permitted in their
approval.
(6) Flush tanks. Water closet flush tanks shall be equipped with an
approved or listed anti-siphon ball cock which shall be installed and
maintained with its outlet or critical level mark not less than 1 inch
above the full opening of the overflow pipe.
(7) Hose bibbs. When provided, all exterior hose bibbs and laundry
sink hose connections shall be protected by a listed non-removable
backflow prevention device. This is not applicable to hose connections
provided for automatic washing machines with built-in backflow
prevention.
(8) Flushometer tanks. Flushometer tanks shall be equipped with an
approved air gap on the vacuum breaker assembly located above the flood
level rim above the fixture.
(c) Water heater safety devices--(1) Relief valves. (i) All water
heaters shall be installed with approved and listed fully automatic
valve or valves designed to provide temperature and pressure relief.
(ii) Any temperature relief valve or combined pressure and
temperature relief valve installed for this purpose shall have the
temperature sensing element immersed in the hottest water within the
upper 6 inches of the tank. It shall be set to start relieving at a
pressure of 150 psi or the rated working pressure of the tank whichever
is lower and at or below a water temperature of 210 deg. F.
(iii) Relief valves shall be provided with full-sized drains, with
cross sectional areas equivalent to that of the relief valve outlet,
which shall be directed downward and discharge beneath the manufactured
home. Drain lines shall be of a material listed for hot water
distribution and shall drain fully by gravity, shall not be trapped,
[[Page 159]]
and shall not have their outlets threaded, and the end of the drain
shall be visible for inspection.
(d) Materials--(1) Piping material. Water pipe shall be of standard
weight brass, galvanized wrought iron, galvanized steel, Type K, L or M
copper tubing, approved or listed plastic or other approved or listed
material.
(i) Plastic piping. All plastic water piping and fittings in
manufactured homes must be listed for use with hot water.
(ii) [Reserved]
(2) Fittings. Appropriate fittings shall be used for all changes in
size and where pipes are joined. The material and design of fittings
shall conform to the type of piping used. Special consideration shall be
given to prevent corrosion when dissimilar metals are joined.
(i) Fittings for screw piping shall be standard weight galvanized
iron for galvanized iron and steel pipe, and of brass for brass piping.
They shall be installed where required for change in direction,
reduction of size, or where pipes are joined together.
(ii) Fittings for copper tubing shall be cast brass or drawn copper
(sweat-soldered) or shall be approved or listed fittings for the purpose
intended.
(3) Prohibited material. Used piping materials shall not be
permitted. Those pipe dopes, solder, fluxes, oils, solvents, chemicals,
or other substances that are toxic, corrosive, or otherwise detrimental
to the water system shall not be used. In addition, for those
manufactured homes to be connected to a public water system, all water
piping shall be lead-free (as defined in section 109(c)(2) of the Safe
Drinking Water Act Amendments of 1986) with solders and flux containing
not more than 0.2 percent lead and pipes and pipe fittings containing
not more than 8.0 percent lead.
(e) Installation of piping--(1) Minimum requirement. All piping
equipment, appurtenances, and devices shall be installed in workmanlike
manner and shall conform with the provisions and intent of this
standard.
(2) Screw pipe. Iron pipe-size brass or galvanized iron or steel
pipe fittings shall be joined with approved or listed standard pipe
threads fully engaged in the fittings. Pipe ends shall be reamed to the
full bore of the pipe. Pipe-joint compound shall be insoluble in water,
shall be nontoxic and shall be applied to male threads only.
(3) Solder fittings. Joints in copper water tubes shall be made by
the appropriate use of approved cast brass or wrought copper fittings,
properly soldered together. The surface to be soldered shall be
thoroughly cleaned bright mechanically. The joints shall be properly
fluxed and made with a solder that contains no more than 0.2 percent
lead.
(4) Flared fittings. A flaring tool shall be used to shape the ends
of flared tubing to match the flare of fittings.
(5) Plastic pipe and fittings. Plastic pipe and fittings shall be
joined by installation methods recommended by the manufacturer or in
accordance with provisions of a listed standard.
(f) Size of water supply piping--(1) Minimum size. The size of water
supply piping and branch lines shall not be less than sizes shown in the
following table:
Minimum Size Tubing and Pipe for Water Distribution Systems
------------------------------------------------------------------------
Tubing (nominal)
------------------------ Pipe iron
Number of fixtures Outer pipe size
Diameter diameter (inches)
(inches) (inches)
------------------------------------------------------------------------
1................................... *\1/4\ \3/8\ \1/2\
2................................... \3/8\ \1/2\ \1/2\
3................................... \1/2\ \5/8\ \1/2\
4................................... \1/2\ \5/8\ \1/2\
5 or more........................... \3/4\ \7/8\ \3/4\
------------------------------------------------------------------------
*6 ft maximum length.
Exceptions to table: \3/8\ inch nominal diameter or \1/2\ inch OD
minimum size for clothes washing or dishwashing machines, unless larger
size is recommended by the fixture manufacturer. \1/2\ inch nominal
diameter or \5/8\ inch OD minimum size for flushometer or metering type
valves unless otherwise specified in their listing. No galvanized screw
piping shall be less than \1/2\ inch iron pipe size.
(2) Sizing procedure. Both hot and cold water piping systems shall
be computed by the following method:
(i) Size of branch. Start at the most remote outlet on any branch of
the hot or cold water piping and progressively count towards the water
service connection, computing the total number of fixtures supplied
along each section of
[[Page 160]]
piping. Where branches are joined together, the number of fixtures on
each branch shall be totalled so that no fixture is counted twice.
Following down the left-hand column of the preceding table a
corresponding number of fixtures will be found. The required pipe or
tubing size is indicated in the other columns on the same line.
(ii) A water heater, food waste disposal unit, evaporative cooler or
ice maker shall not be counted as a water-using fixture when computing
pipe sizes.
(g) Line valves. Valves, when installed in the water supply
distribution system (except those immediately controlling one fixture
supply) and when fully opened, shall have a cross-sectional area of the
smallest orifice or opening, through which the water flows, at least
equal to the cross-sectional area of the nominal size of the pipe in
which the valve is installed.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4586, Feb. 12, 1987; 53 FR 23611, June 23, 1988; 58
FR 55014, Oct. 25, 1993]
Sec. 3280.610 Drainage systems.
(a) General. (1) Each fixture directly connected to the drainage
system shall be installed with a water seal trap (Sec. 3280.606(a)).
(2) The drainage system shall be designed to provide an adequate
circulation of air in all piping with no danger of siphonage,
aspiration, or forcing of trap seals under conditions of ordinary use.
(b) Materials--(1) Pipe. Drainage piping shall be standard weight
steel, wrought iron, brass, copper tube DWV, listed plastic, cast iron,
or other listed or approved materials.
(2) Fittings. Drainage fittings shall be recessed drainage pattern
with smooth interior waterways of the same diameter as the piping and
shall be of a material conforming to the type of piping used. Drainage
fittings shall be designed to provide for a \1/4\ inch per foot grade in
horizontal piping.
(i) Fittings for screw pipe shall be cast iron, malleable iron,
brass, or listed plastic with standard pipe threads.
(ii) Fittings for copper tubing shall be cast brass or wrought
copper.
(iii) Socket-type fittings for plastic piping shall comply with
listed standards.
(iv) Brass or bronze adaptor or wrought copper fittings shall be
used to join copper tubing to threaded pipe.
(c) Drain outlets. (1) Each manufactured home shall have only one
drain outlet.
(2) Clearance from drain outlet. The drain outlet shall be provided
with a minimum clearance of 3 inches in any direction from all parts of
the structure or appurtenances and with not less than 18 inches
unrestricted clearance directly in front of the drain outlet.
(3) Drain connector. The drain connector shall not be smaller than
the piping to which it is connected and shall be equipped with a water-
tight cap or plug matching the drain outlet. The cap or plug shall be
permanently attached to the manufactured home or drain outlet.
(4) The drain outlet and drain connector shall not be less than 3
inches inside diameter.
(5) Preassembly of drain lines. Section(s) of the drain system,
designed to be located underneath the home, are not required to be
factory installed when the manufacturer designs the system for site
assembly and also provides all materials and components, including
piping, fittings, cement, supports, and instructions necessary for
proper site installation.
(d) Fixture connections. Drainage piping shall be provided with
approved or listed inlet fittings for fixture connections, correctly
located according to the size and type of fixture to be connected.
(1) Water closet connection. The drain connection for each water
closet shall be 3 inches minimum inside diameter and shall be fitted
with an iron, brass, or listed plastic floor flange adaptor ring
securely screwed, soldered or otherwise permanently attached to the
drain piping, in an approved manner and securely fastened to the floor.
(2) [Reserved]
(e) Size of drainage piping--(1) Fixture load. Except as provided by
Sec. 3280.611(d), drain pipe sizes shall be determined by the type of
fixture and the total number connected to each drain.
[[Page 161]]
(i) A 1\1/2\ inch minimum diameter piping shall be required for one
and not more than three individually vented fixtures.
(ii) A 2-inch minimum diameter piping shall be required for four or
more fixtures individually vented.
(iii) A 3-inch minimum diameter piping shall be required for water
closets.
(f) Wet-vented drainage system. Plumbing fixture traps may connect
into a wet-vented drainage system which shall be designed and installed
to accommodate the passage of air and waste in the same pipe.
(1) Horizontal piping. All parts of a wet-vented drainage system,
including the connected fixture drains, shall be horizontal except for
wet-vented vertical risers which shall terminate with a 1\1/2\ inch
minimum diameter continuous vent. Where required by structural design,
wet-vented drain piping may be offset vertically when other vented
fixture drains or relief vents are connected to the drain piping at or
below the vertical offsets.
(2) Size. A wet-vented drain pipe shall be 2 inches minimum diameter
and at least one pipe size larger than the largest connected trap or
fixture drain. Not more than three fixtures may connect to a 2-inch
diameter wet-vented drain system.
(3) Length of trap arm. Fixture traps shall be located within the
distance given in Sec. 3280.611(c)(5). Not more than one trap shall
connect to a trap arm.
(g) Offsets and branch fittings--(1) Changes in direction. Changes
in direction of drainage piping shall be made by the appropriate use of
approved or listed fittings, and shall be of the following angles: 11\1/
4\, 22\1/2\, 45, 60, or 90 degrees; or other approved or listed fittings
or combinations of fittings with equivalent radius or sweep.
(2) Horizontal to vertical. Horizontal drainage lines, connecting
with a vertical pipe shall enter through 45-degree ``Y'' branches, 60-
degree ``Y'' branches, long-turn ``TY'' branches, sanitary ``T''
branches, or other approved or listed fittings or combination of
fittings having equivalent sweep. Fittings having more than one branch
at the same level shall not be used, unless the fitting is constructed
so that the discharge from any one branch cannot readily enter any other
branch. However, a double sanitary ``T'' may be used when the drain line
is increased not less than two pipe sizes.
(3) Horizontal to horizontal and vertical to horizontal. Horizontal
drainage lines connecting with other horizontal drainage lines or
vertical drainage lines connected with horizontal drainage lines shall
enter through 45-degree ``Y'' branches, long-turn ``TY'' branches, or
other approved or listed fittings or combination of fittings having
equivalent sweep.
(h) Grade of horizontal drainage piping. Except for fixture
connections on the inlet side of the trap, horizontal drainage piping
shall be run in practical alignment and have a uniform grade of not less
than \1/4\ inch per foot toward the manufactured home drain outlet.
Where it is impractical, due to the structural features or arrangement
of any manufactured home, to obtain a grade of \1/4\ inch per foot, the
pipe or piping may have a grade of not less than \1/8\ inch per foot,
when a full size cleanout is installed at the upper end.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4586, Feb. 12, 1987; 58 FR 55015, Oct. 25, 1993]
Sec. 3280.611 Vents and venting.
(a) General. Each plumbing fixture trap shall be protected against
siphonage and back pressure, and air circulation shall be ensured
throughout all parts of the drainage system by means of vents installed
in accordance with the requirements of this section and as otherwise
required by this standard.
(b) Materials--(1) Pipe. Vent piping shall be standard weight steel,
wrought iron, brass, copper tube DWV, listed plastic, cast iron or other
approved or listed materials.
(2) Fittings. Appropriate fittings shall be used for all changes in
direction or size and where pipes are joined. The material and design of
vent fittings shall conform to the type of piping used.
(i) Fittings for screw pipe shall be cast iron, malleable iron,
plastic, or brass, with standard pipe threads.
(ii) Fittings for copper tubing shall be cast brass or wrought
copper.
[[Page 162]]
(iii) Fittings for plastic piping shall be made to approved
applicable standards.
(iv) Brass adaptor fittings or wrought copper shall be used to join
copper tubing to threaded pipe.
(v) Listed rectangular tubing may be used for vent piping only
providing it has an open cross section at least equal to the circular
vent pipe required. Listed transition fittings shall be used.
(c) Size of vent piping--(1) Main vent. The drain piping for each
toilet shall be vented by a 1\1/2\ inch minimum diameter vent or
rectangular vent of venting cross section equivalent to or greater than
the venting cross section of a 1\1/2\ inch diameter vent, connected to
the toilet drain by one of the following methods:
(i) A 1\1/2\ inch diameter (min.) individual vent pipe or equivalent
directly connected to the toilet drain within the distance allowed in
Sec. 3280.611(c)(5), for 3-inch trap arms undiminished in size through
the roof,
(ii) A 1\1/2\ inch diameter (min.) continuous vent or equivalent,
indirectly connected to the toilet drain piping within the distance
allowed in Sec. 3280.611(c)(5) for 3 inch trap arms through a 2-inch wet
vented drain that carries the waste of not more than one fixture, or,
(iii) Two or more vented drains when at least one is wet-vented, or
2-inch diameter (minimum), and each drain is separately connected to the
toilet drain. At least one of the drains shall connect within the
distance allowed in Sec. 3280.611(c)(5) for 3-inch trap arms.
(2) Vent pipe areas. Each individually vented fixture with a 1\1/2\
inch or smaller trap shall be provided with a vent pipe equivalent in
area to a 1\1/4\ inch nominal pipe size. The main vent, toilet vent and
relief vent, and the continuous vent of wet-vented systems shall have an
area equivalent to 1\1/2\ inch nominal pipe size.
(3) Common vent. When two fixture traps located within the distance
allowed from their vent have their trap arms connected separately at the
same level into an approved double fitting, an individual vent pipe may
serve as a common vent without any increase in size.
(4) Intersecting vents. Where two or more vent pipes are joined
together, no increase in size shall be required; however, the largest
vent pipe shall extend full size through the roof.
(5) Distance of fixture trap from vent shall not exceed the values
given in the following table:
Maximum Distance of Fixtures From Vent Trap
------------------------------------------------------------------------
Size of fixture drain (inches) Distance trap to vent
------------------------------------------------------------------------
1\1/4\.................................... 4 ft. 6 in.
1\1/2\.................................... 4 ft 6 in.
2......................................... 5 ft.
3......................................... 6 ft.
------------------------------------------------------------------------
(d) Anti-siphon trap vent. An anti-siphon trap vent may be used as a
secondary vent system for plumbing fixtures protected by traps not
larger than 1\1/2\ inches, when installed in accordance with the
manufacturers' recommendations and the following conditions:
(1) Not more than two fixtures individually protected by the device
shall be drained by a common 1\1/2\ inch drain.
(2) Minimum drain size for three or more fixtures individually
protected by the device shall be 2 inches.
(3) A primary vent stack must be installed to vent the toilet drain
at the point of heaviest drainage fixture unit loading.
(4) The device shall be installed in a location that permits a free
flow of air and shall be accessible for inspection, maintenance, and
replacement and the sealing function shall be at least 6 inches above
the top of the trap arm.
(5) Materials for the anti-siphon trap vent shall be as follows:
(i) Cap and housing shall be listed acrylonitrile-butadiene-styrene,
DWV grade;
(ii) Stem shall be DWV grade nylon or acetal;
(iii) Spring shall be stainless steel wire, type 302;
(iv) Sealing disc shall be neoprene, conforming to CISPI-HSN-85, the
Specification for Neoprene Rubber Gaskets for HUB and Spigot Cast Iron
Soil Pipe and Fittings, and ASTM C 564-88, Standard Specification for
Rubber Gaskets for Case Iron Soil Pipe and Fittings, or, Silicone
Rubber, Low and High Temperature and Tear Resistant, Conforming to
Rubber, Silicone, FS ZZ-R-765B-1970, With 1971 Amendment
[[Page 163]]
1; and Liners, Case, and Sheet, Overwrap; Water-Vapor Proof or
Waterproof, Flexible, MIL-L-10547E-1975.
(e) Grade and connections--(1) Horizontal vents. Each vent shall
extend vertically from its fixture ``T'' or point of connection with the
waste piping to a point not less than 6 inches above the extreme flood
level of the fixture it is venting before offsetting horizontally or
being connected with any other vent pipe. Vents for horizontal drains
shall connect above the centerline of the drain piping ahead
(downstream) of the trap. Where required by structural conditions, vent
piping may offset below the rim of the fixture at the maximum angle or
height possible.
(f) Vent terminal--(1) Roof extension. Each vent pipe shall extend
through its flashing and terminate vertically, undiminished in size, not
less than 2 inches above the roof. Vent openings shall not be less than
3 feet away from any motor-driven air intake that opens into habitable
areas.
(2) Flashing. The opening around each vent pipe shall be made
watertight by an adequate flashing or flashing material.
(g) Vent caps. Vent caps, if provided, shall be of the removable
type (without removing the flashing from the roof). When vent caps are
used for roof space ventilation and the caps are identical to vent caps
used for the plumbing system, plumbing system caps shall be identified
with permanent markings.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977.
Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55015,
Oct. 25, 1993]
Sec. 3280.612 Tests and inspection.
(a) Water system. All water piping in the water distribution system
shall be subjected to a pressure test. The test shall be made by
subjecting the system to air or water at 100 psi for 15 minutes without
loss of pressure.
(b) Drainage and vent system and plumbing fixtures. The waste and
vent system shall be tested by one of the three following alternate
methods for evidence or indication of leakage:
(1) Water test. Before plumbing fixtures are connected, all of the
openings into the piping shall be plugged and the entire piping system
subjected to a static water test for 15 minutes by filling it with water
to the top of the highest vent opening. There shall be no evidence of
leakage.
(2) Air test. After all fixtures have been installed, the traps
filled with water, and the remaining openings securely plugged, the
entire system shall be subjected to a 2-inch (manometer) water column
air pressure test. If the system loses pressure, leaks may be located
with smoke pumped into the system, or with soap suds spread on the
exterior of the piping (Bubble test).
(3) Flood level test. The manufactured home shall be in a level
position, all fixtures shall be connected, and the entire system shall
be filled with water to the rim of the water closet bowl. (Tub and
shower drains shall be plugged). After all trapped air has been
released, the test shall be sustained for not less than 15 minutes
without evidence of leaks. Then the system shall be unplugged and
emptied. The waste piping above the level of the water closet bowl shall
then be tested and show no indication of leakage when the high fixtures
are filled with water and emptied simultaneously to obtain the maximum
possible flow in the drain piping.
(c) Fixture test. The plumbing fixtures and connections shall be
subjected to a flow test by filling them with water and checking for
leaks and retarded flow while they are being emptied.
(d) Shower compartments. Shower compartments and receptors shall be
tested for leaks prior to being covered by finish material. Each pan
shall be filled with water to the top of the dam for not less than 15
minutes without evidence of leakage.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977; 42
FR 54383, Oct. 5, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as
amended at 58 FR 55015, Oct. 25, 1993]
Subpart H--Heating, Cooling and Fuel Burning Systems
Sec. 3280.701 Scope.
Subpart H of this standard covers the heating, cooling and fuel
burning equipment installed within, on, or external to a manufactured
home.
[[Page 164]]
Sec. 3280.702 Definitions.
The definitions in this subpart apply to subpart H only.
Accessible, when applied to a fixture, connection, appliance or
equipment, means having access thereto, but which may require the
removal of an access panel, door or similar obstruction.
Air conditioner blower coil system means a comfort cooling appliance
where the condenser section is placed external to the manufactured home
and evaporator section with circulating blower attached to the
manufactured home air supply duct system. Provision must be made for a
return air system to the evaporator/blower section. Refrigerant
connection between the two parts of the system is accomplished by
tubing.
Air conditioner split system means a comfort cooling appliance where
the condenser section is placed external to the manufactured home and
the evaporator section incorporated into the heating appliance or with a
separate blower/coil section within the manufactured home. Refrigerant
connection between the two parts of the system is accomplished by
tubing.
Air conditioning condenser section means that portion of a
refrigerated air cooling or (in the case of a heat pump) heating system
which includes the refrigerant pump (compressor) and the external heat
exchanger.
Air conditioning evaporator section means a heat exchanger used to
cool or (in the case of a heat pump) heat air for use in comfort cooling
(or heating) the living space.
Air conditioning self contained system means a comfort cooling
appliance combining the condenser section, evaporator and air
circulating blower into one unit with connecting ducts for the supply
and return air systems.
Air duct means conduits or passageways for conveying air to or from
heating, cooling, air conditioning or ventilation equipment, but not
including the plenum.
Automatic pump (oil lifter) means a pump, not an integral part of
the oil-burning appliance, that automatically pumps oil from the supply
tank and delivers the oil under a constant head to an oil-burning
appliance.
Btu. British thermal units means the quantity of heat required to
raise the temperature of one pound of water one degree Fahrenheit.
Btuh means British thermal units per hour.
Burner means a device for the final conveyance of fuel or a mixture
of fuel and air to the combustion zone.
Central air conditioning system means either an air conditioning
split system or an external combination heating/cooling system.
Class 0 air ducts means ducts of materials and connectors having a
fire-hazard classification of zero.
Class 1 air ducts means ducts of materials and connectors having a
flame-spread rating of not over 25 without evidence of continued
progressive combustion and a smoke-developed rating of not over 50.
Class 2 air ducts means ducts of materials and connectors having a
flame-spread rating of not over 50 without evidence of continued
progressive combustion and a smoke-developed rating of not over 50 for
the inside surface and not over 100 for the outside surface.
Clearance means the distance between the appliance, chimney, vent,
chimney or vent connector or plenum and the nearest surface.
Connector-Gas appliance: means a flexible or semi-rigid connector
used to convey fuel gas between a gas outlet and a gas appliance.
Energy Efficiency Ratio (EER) means the ratio of the cooling
capacity output of an air conditioner for each unit of power input.
EER=Capacity (Btuh)/Power input (watts)
External combination heating/cooling system means a comfort
conditioning system placed external to the manufactured home with
connecting ducts to the manufactured home for the supply and return air
systems.
Factory-built fireplace means a hearth, fire chamber and chimney
assembly composed of listed factory-built components assembled in
accordance with the terms of listing to form a complete fireplace.
Fireplace stove means a chimney connected solid fuel-burning stove
having part of its fire chamber open to the room.
[[Page 165]]
Fuel gas piping system means the arrangement of piping, tubing,
fittings, connectors, valves and devices designed and intended to supply
or control the flow of fuel gas to the appliance(s).
Fuel oil piping system means the arrangement of piping, tubing,
fittings, connectors, valves and devices designed and intended to supply
or control the flow of fuel oil to the appliance(s).
Gas clothes dryer means a device used to dry wet laundry by means of
heat derived from the combustion of fuel gases.
Gas refrigerator means a gas-burning appliance which is designed to
extract heat from a suitable chamber.
Gas supply connection means the terminal end or connection to which
a gas supply connector is attached.
Gas supply connector, manufactured home means a listed flexible
connector designed for connecting the manufactured home to the gas
supply source.
Gas vents means factory-built vent piping and vent fittings listed
by an approved testing agency, that are assembled and used in accordance
with the terms of their listings, for conveying flue gases to the
outside atmosphere.
(1) Type B gas vent means a gas vent for venting gas appliances with
draft hoods and other gas appliances listed for use with Type B gas
vents.
(2) Type BW gas vent means a gas vent for venting listed gas-fired
vented wall furnaces.
Heat producing appliance means all heating and cooking appliances
and fuel burning appliances.
Heating appliance means an appliance for comfort heating or for
domestic water heating.
Liquefied petroleum gases. The terms Liquefied petroleum gases, LPG
and LP-Gas as used in this standard shall mean and include any material
which is composed predominantly of any of the following hydrocarbons, or
mixtures of them: propane, propylene butanes (normal butane or
isobutane), and butylenes.
Plenum means an air compartment which is part of an air-distributing
system, to which one or more ducts or outlets are connected.
(1) Furnace supply plenum is a plenum attached directly to, or an
integral part of, the air supply outlet of the furnace.
(2) Furnace return plenum is a plenum attached directly to, or an
integral part of, the return inlet of the furnace.
Quick-disconnect device means a hand-operated device which provides
a means for connecting and disconnecting a gas supply or connecting gas
systems and which is equipped with an automatic means to shut off the
gas supply when the device is disconnected.
Readily accessible means direct access without the necessity of
removing any panel, door, or similar obstruction.
Roof jack means that portion of a manufactured home heater flue or
vent assembly, including the cap, insulating means, flashing, and
ceiling plate, located in and above the roof of a manufactured home.
Sealed combustion system appliance means an appliance which by its
inherent design is constructed so that all air supplied for combustion,
the combustion system of the appliance, and all products of combustion
are completely isolated from the atmosphere of the space in which it is
installed.
Water heater means an appliance for heating water for domestic
purposes other than for space heating.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4586, Feb. 12, 1987; 58 FR 55015, Oct. 25, 1993]
Sec. 3280.703 Minimum standards.
Heating, cooling and fuel burning appliances and systems in
manufactured homes shall be free of defects, and shall conform to
applicable standards in the following table unless otherwise specified
in this standard. (See Sec. 3280.4) When more than one standard is
referenced, compliance with any one such standard shall meet the
requirements of this standard.
Appliances
Central Cooling Air Conditioners--UL 465-Seventh Edition-1987 With
Revisions through December 24, 1987.
Liquid Fuel-Burning Heating Appliances for Manufactured Homes and
Recreational Vehicle--UL 307A-Sixth Edition-1990, With Revisions through
August 21, 1990.
Electrical Air Heaters-UL 1025-Second Edition-1987 With Revisions July
13, 1989, February 6, 1990 and December 3, 1991.
[[Page 166]]
Electric Baseboard Heating Equipment--UL 1042-Third Edition-1987 With
Revision July 15, 1993.
Electric Central Air Heating Equipment--UL 1096-Fourth Edition-1986 With
Revisions July 16, 1986 and January 30, 1988.
Gas Burning Heating Appliances for Mobile Homes and Recreational
Vehicles--UL 307B-First Edition-1982 With Revision May 18, 1987.
Gas Clothes Dryers Vol. 1, Type 1 Clothes Dryers--ANSI Z21.5.1-1992.
Gas Fired Absorption Summer Air Conditioning Appliances--ANSI Z21.40.1-
1981, With Addenda Z21.40.1a-1982.
Gas-Fired Central Furnaces [Except Direct Vent System Central
Furnaces]--ANSI Z21.47-1990, With Addendum Z21.47a-1990 and Z21.47b-
1992.
Household Cooking Gas Appliances ANSI Z21.1-1990 With Addenda Z21.1a-
1991 and Z211b-1993.
Refrigerators Using Gas Fuel--ANSI Z21.19-1990, With Addenda Z21.19a-
1992.
Gas Water Heaters Vol. 1, Storage Water Heaters With Input Ratings of
75,000 BTU per hour or Less--ANSI Z21.10.1-1990, With Addendum
Z21.10.1a-1991 and Z21.10.1b-1992.
Household Electric Storage Tank Water Heaters--UL 174-Seventh Edition-
1989 With Revisions May 8, 1990 and January 22, 1991.
Ferrous Pipe and Fittings
Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-
Coated, Welded and Seamless--ASTM A53-93.
Standard Specification for Electric-Resistance-Welded Coiled Steel
Tubing for Gas and Fuel Oil Lines--*ASTM A539-90a.
Pipe Threads, General Purpose (Inch)--ANSI/ASME B1.20.1-1983.
Welding and Seamless Wrought Steel Pipe--ANSI/ASME B36.10-1979.
Nonferrous Pipe, Tubing and Fittings
Standard Specification for Seamless Copper Water Tube--ASTM B88-93.
Standard Specification for Seamless Copper Tube for Air Conditioning and
Refrigeration Field Service--ASTM B280-93.
Metal Connectors for Gas Appliances--ANSI Z21.24-1987, With Addena
Z21.24a 1990 and Z21.24b-1992.
Manually Operated Gas Valves for Appliances, Appliance Connector Valves
and Hose End Valves--ANSI Z21.15-1992.
Standard for Gas Supply Connectors for Manufactured Homes--IAPMO TSC 9-
92.
Standard Specification for General Requirements for Wrought Seamless
Copper and Copper-Alloy Tubes--ASTM B251-93.
Standard Specification for Seamless Copper Pipe, Standard Sizes--ASTM
B42-93.
Direct Vent Central Furnaces--ANSI Z21.64-1990, With Addenda Z21.64a-
1992.
Miscellaneous
Factory-Made Air Ducts and Connectors--UL 181-Seventh Edition-1990, With
Revision November 20, 1990.
Tube Fittings for Flammable and Combustible Fluids, Refrigeration
Service, and Marine Use--UL 109-Fifth Edition-1993.
Pigtails and Flexible Hose Connectors for LP-Gas--UL 569-Sixth Edition-
1990.
Roof Jacks for Manufactured Homes and Recreational Vehicles--UL 311-
Seventh Edition-1990.
Relief Valves and Automatic Gas Shutoff Devices for Hot Water Supply
Systems--ANSI Z21.22-1986, With Addenda Z21.22a-1990.
Automatic Gas Ignition Systems and Components--ANSI Z21.20-1989, With
Addendum Z21.20a-1991 and Z21.20b-1992.
Automatic Valves for Gas Appliances--ANSI Z21.21-1987, With Addendum
Z21.21a-1989 and Z21.21b-1992.
Gas Appliance Thermostats--ANSI Z21.23-1989, With Addenda Z21.23a-1991.
Gas Vents--UL 441-Seventh Edition-1991.
Installation of Oil-Burning Equipment, NFPA 31-1992 Edition.
The following sections are applicable:
1-1
1-2
1-3
1-4 except 1-4.1
1-5.1
1-5.2
1-5.4.2
1-5.4.3
1-5.5
1-5.6
1-6
1-7.2 except 1-7.2.4
1-8
1-9
1-10.1
3-1.1
3-1.3
3-1.4
3-1.5
3-1.6
3-10
4-1.3
4-1.4
4-1.5
4-2
4-3 except 4-3.2
4-4 except 4-4.2, 4-4.5.4, 4-4.6
4-4.7, 4-4.9 and 4-4.10 Appendices B, C. and E
National Fuel Gas Code--NFPA 54-1992 ANSI 223.1.
Warm Air Heating and Air Conditioning Systems, 1993 Edition, NFPA-90B.
The following sections are applicable:
2-2.4
2-3.6
Table 3-1.3, Section B
4-1.6
[[Page 167]]
Standard for the Storage and Handling of Liquefied Petroleum Gases, 1992
Edition--NFPA-58.
Flares for Tubing (1972)--SAE-J533b.
Chimneys, Factory-Built Residential Type and Building Heating
Appliance--UL 103-Seventh Edition--1989 With Revision February 23, 1989.
Factory-Built Fireplaces--UL 127-Sixth Edition With Revisions January 4,
1989, June 10, 1991, June 29, 1992.
Room Heaters Solid-Fuel Type--UL 1482--Third Edition--1988 With Revision
September 13, 1988.
Fireplace Stoves--UL 737--Sixth Edition--1988 With Revisions September
19, 1988, July 10, 1990 and June 10, 1991.
Unitary Air-Conditioning and Air-Source Heat Pump Equipment--ANSI/ARI
210/240-89.
AGA Requirements for Gas Connectors for Connection of Fixed Appliances
for Outdoor Installation, Park Trailers and Manufactured (Mobile) Homes
to the Gas Supply--No. 3-87.
[58 FR 55015, Oct. 25, 1993]
Sec. 3280.704 Fuel supply systems.
(a) LP--Gas system design and service line pressure. (1) Systems
shall be of the vapor-withdrawal type.
(2) Gas, at a pressure not over 14 inches water column (\1/2\ psi),
shall be delivered from the system into the gas supply connection.
(b) LP-gas containers--(1) Maximum capacity. No more than two
containers having an individual water capacity of not more than 105
pounds (approximately 45 pounds LP-gas capacity), shall be installed on
or in a compartment of any manufactured home.
(2) Construction of containers. Containers shall be constructed and
marked in accordance with the specifications for LP-Gas Containers of
the U.S. Department of Transportation (DOT) or the Rules for
Construction of Pressure Vessels 1986, ASME Boiler and Pressure Vessel
Code section VIII, Division 1 ASME Containers shall have a design
pressure of at least 312.5 psig.
(i) Container supply systems shall be arranged for vapor withdrawal
only.
(ii) Container openings for vapor withdrawal shall be located in the
vapor space when the container is in service or shall be provided with a
suitable internal withdrawal tube which communicates with the vapor
space on or near the highest point in the container when it is mounted
in service position, with the vehicle on a level surface. Containers
shall be permanently and legibly marked in a conspicuous manner on the
outside to show the correct mounting position and the position of the
service outlet connection. The method of mounting in place shall be such
as to minimize the possibility of an incorrect positioning of the
container.
(3) Location of LP-gas containers and systems. (i) LP-gas containers
shall not be installed, nor shall provisions be made for installing or
storing any LP-gas container, even temporarily, inside any manufactured
home except for listed, completely self-contained hand torches,
lanterns, or similar equipment with containers having a maximum water
capacity of not more than 2\1/2\ pounds (approximately one pound LP-gas
capacity).
(ii) Containers, control valves, and regulating equipment, when
installed, shall be mounted on the ``A'' frame of the manufactured home,
or installed in a compartment that is vaportight to the inside of the
manufactured home and accessible only from the outside. The compartment
shall be ventilated at top and bottom to facilitate diffusion of vapors.
The compartment shall be ventilated with two vents having an aggregate
area of not less than two percent of the floor area of the compartment
and shall open unrestricted to the outside atmosphere. The required
vents shall be equally distributed between the floor and ceiling of the
compartment. If the lower vent is located in the access door or wall,
the bottom edge of the vent shall be flush with the floor level of the
compartment. The top vent shall be located in the access door or wall
with the bottom of the vent not more than 12 inches below the ceiling
level of the compartment. All vents shall have an unrestricted discharge
to the outside atmosphere. Access doors or panels of compartments shall
not be equipped with locks or require special tools or knowledge to
open.
(iii) Permanent and removable fuel containers shall be securely
mounted to prevent jarring loose, slipping or rotating and the
fastenings shall be designed and constructed to withstand static loading
in any direction equal to
[[Page 168]]
twice the weight of the tank and attachments when filled with fuel,
using a safety factor of not less than four based on the ultimate
strength of the material to be used.
(4) LP-gas container valves and accessories. (i) Valves in the
assembly of a two-cylinder system shall be arranged so that replacement
of containers can be made without shutting off the flow of gas to the
appliance(s). This provision is not to be construed as requiring an
automatic change-over device.
(ii) Shutoff valves on the containers shall be protected as follows,
in transit, in storage, and while being moved into final utilization by
setting into a recess of the container to prevent possibility of their
being struck if container is dropped upon a flat surface, or by
ventilated cap or collar, fastened to the container, capable of
withstanding a blow from any direction equivalent to that of a 30-pound
weight dropped 4 feet. Construction shall be such that the blow will not
be transmitted to the valve.
(iii) [Reserved]
(iv) Regulators shall be connected directly to the container shutoff
valve outlets or mounted securely by means of a support bracket and
connected to the container shutoff valve or valves with listed high
pressure connections. If the container is permanently mounted the
connector shall be as required above or with a listed semi-rigid tubing
connector.
(5) LP-gas safety devices. (i) DOT containers shall be provided with
safety relief devices as required by the regulations of the U.S.
Department of Transportation. ASME containers shall be provided with
relief valves in accordance with subsection 221 of the Standard for the
Storage and Handling Liquefied Petroleum Gases, NFPA No. 58-1992. Safety
relief valves shall have direct communication with the vapor space of
the vessel.
(ii) The delivery side of the gas pressure regulator shall be
equipped with a safety relief device set to discharge at a pressure not
less than two times and not more than three times the delivery pressure
of the regulator.
(iii) Systems mounted on the ``A'' frame assembly shall be so
located that the discharge from the safety relief devices shall be into
the open air and not less than three feet horizontally from any opening
into the manufactured home below the level of such discharge.
(iv) Safety relief valves located within liquefied petroleum gas
container compartments may be less than three feet from openings
provided the bottom vent of the compartment is at the same level or
lower than the bottom of any opening into the vehicle, or the
compartment is not located on the same wall plane as the opening(s) and
is at least two feet horizontally from such openings.
(6) LP-gas system enclosure and mounting. (i) Housings and
enclosures shall be designed to provide proper ventilation at least
equivalent to that specified in Sec. 3280.704(b)(3)(ii).
(ii) Doors, hoods, domes, or portions of housings and enclosures
required to be removed or opened for replacement of containers shall
incorporate means for clamping them firmly in place and preventing them
from working loose during transit.
(iii) Provisions shall be incorporated in the assembly to hold the
containers firmly in position and prevent their movement during transit.
(iv) Containers shall be mounted on a substantial support or a base
secured firmly to the vehicle chassis. Neither the container nor its
support shall extend below the manufactured home frame.
(c) Oil tanks--(1) Installation. Oil tanks and listed automatic
pumps (oil lifters) installed for gravity flow of oil to heating
equipment shall be installed so that the top of the tank is no higher
than 8 feet above the appliance oil control and the bottom of the tank
is not less than 18 inches above the appliance oil control.
(2) Auxiliary oil storage tank. Oil supply tanks affixed to a
manufactured home shall be so located as to require filling and draining
from the outside and shall be in a place readily available for
inspection. If the fuel supply tank is located in a compartment of a
manufactured home, the compartment shall be ventilated at the bottom to
permit diffusion of vapors and shall be insulated from the structural
members of the body. Tanks so installed shall be
[[Page 169]]
provided with an outside fill and vent pipe and an approved liquid level
gage.
(3) Shutoff valve. A readily accessible, approved manual shutoff
valve shall be installed at the outlet of an oil supply tank. The valve
shall be installed to close against the supply.
(4) Fuel oil filters. All oil tanks shall be equipped with an
approved oil filter or strainer located downstream from the tank shutoff
valve. The fuel oil filter or strainer shall contain a sump with a drain
for the entrapment of water.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 47 FR 49390, Nov. 1, 1982; 52 FR 4587, Feb. 12, 1987; 58
FR 55016, Oct. 25, 1993]
Sec. 3280.705 Gas piping systems.
(a) General. The requirements of this section shall govern the
installation of all fuel gas piping attached to any manufactured home.
The gas piping supply system shall be designed for a pressure not
exceeding 14 inch water column (\1/2\ psi) and not less than 7 inch
water column (\1/4\ psi). The manufacturer shall indicate in his written
installation instructions the design pressure limitations for safe and
effective operation of the gas piping system. None of the requirements
listed in this section shall apply to the piping supplied as a part of
an appliance. All exterior openings around piping, ducts, plenums or
vents shall be sealed to resist the entrance of rodents.
(b) Materials. All materials used for the installation, extension,
alteration, or repair of any gas piping system shall be new and free
from defects or internal obstructions. It shall not be permissible to
repair defects in gas piping or fittings. Inferior or defective
materials shall be removed and replaced with acceptable material. The
system shall be made of materials having a melting point of not less
than 1,450 F, except as provided in Sec. 3280.705(e). They shall consist
of one or more of the materials described in Sec. 3280.705(b) (1)
through (4).
(1) Steel or wrought-iron pipe shall comply with ANSI Standard
B36.10-1979, Welded and Seamless Wrought Steel Pipe. Threaded brass pipe
in iron pipe sizes may be used. Threaded brass pipe shall comply with
ASTM B43-91, Standard Specification for Seamless Red Brass Pipe,
Standard Sizes.
(2) Fittings for gas piping shall be wrought iron, malleable iron,
steel, or brass (containing not more than 75 percent copper).
(3) Copper tubing shall be anneled type, Grade K or L, conforming to
the Standard Specification for Seamless Copper Water Tube (ASTM B88-93)
or shall comply with the Standard Specification for Seamless Copper Tube
for Air Conditioning and Refrigeration Field Service, ASTM B 280-93.
Copper tubing shall be internally tinned.
(4) Steel tubing shall have a minimum wall thickness of 0.032 inch
for tubing of \1/2\ inch diameter and smaller and 0.049 inch for
diameters \1/2\ inch and larger. Steel tubing shall be constructed in
accordance with ASTM Standard Specification for Electric-Resistance-
Welded Coiled Steel Tubing for Gas and Fuel Oil Lines, ASTM A 539-83,
and shall be externally corrosion protected.
(c) Piping design. Each manufactured home requiring fuel gas for any
purpose shall be equipped with a natural gas piping system acceptable
for LP-gas. Where fuel gas piping is to be installed in more than one
section of an expandable or multiple unit home, the design and
construction of the crossover(s) shall be as follows:
(1) All points of crossover shall be readily accessible from the
exterior of the home.
(2) The connection(s) between units shall be made with a
connector(s) listed for exterior use or direct plumbing sized in
accordance with Sec. 3280.705(d). A shutoff valve of the nondisplaceable
rotor type conforming to ANSI Z21.15-1992 Manually Operated Gas Valves
for Appliances, Appliances Connector Valves and Hose End Valves,
suitable for outdoor use shall be installed at each crossover point
upstream of the connection when listed connectors are used.
(3) The connection(s) may be made by a listed quick disconnect
device which shall be designed to provide a positive seal of the supply
side of the gas system when such device is separated.
(4) The flexible connector, direct plumbing pipe, or ``quick
disconnect''
[[Page 170]]
device shall be provided with protection from mechanical and impact
damage and located to minimize the possibility of tampering.
(5) For gas line cross over connections made with either hard pipe
or flexible connectors, the crossover point(s) shall be capped on the
supply side to provide a positive seal and covered on the other side
with a suitable protective covering.
(6) Suitable protective coverings for the connection device(s) when
separated, shall be permanently attached to the device or flexible
connector.
(7) When a quick disconnect device is installed, a 3 inch by 1\3/4\
inch minimum size tag made of etched, metal-stamped or embossed brass,
stainless steel, anodized or alcalde aluminum not less than 0.020 inch
thick or other approved material (e.g., 0.005 inch plastic laminates)
shall be permanently attached on the exterior wall adjacent to the
access to the ``quick disconnect'' device. Each tag shall be legibly
inscribed with the following information using letters no smaller than
\1/4\ inch high:
Do Not Use Tools To Separate the ``Quick-Disconnect'' Device
(d) Gas pipe sizing. Gas piping systems shall be sized so that the
pressure drop to any appliance inlet connection from any gas supply
connection, when all appliances are in operation at maximum capacity, is
not more than 0.5 inch water column as determined on the basis of test,
or in accordance with table 3280.705(d). When determining gas pipe
sizing in the table, gas shall be assumed to have a specific gravity of
0.65 and rated at 1000 B.T.U. per cubic foot. The natural gas supply
connection(s) shall be not less than the size of the gas piping but
shall be not smaller than \3/4\ inch nominal pipe size.
(e) Joints for gas pipe. All pipe joints in the piping system,
unless welded or brazed, shall be threaded joints that comply with Pipe
Threads, General Purpose (Inch), adopted 25 October 1984, ANSI/ASME
B1.20.1-1983. Right and left nipples or couplings shall not be used.
Unions, if used, shall be of ground joint type. The material used for
welding or brazing pipe connections shall have a melting temperature in
excess of 1,000 F.
(f) Joints for tubing. (1) Tubing joints shall be made with either a
single or a double flare of 45 degrees in accordance with Flares For
Tubing, SAE-J533b-1972 or with other listed vibration-resistant
fittings, or joints may be brazed with material having a melting point
exceeding 1,000 F. Metallic ball sleeve compression-type tubing fittings
shall not be used.
(2) Steel tubing joints shall be made with a double-flare in
accordance with Flares For Tubing, SAE-J533b-1972.
(g) Pipe joint compound. Screw joints shall be made up tight with
listed pipe joint compound, insoluble in liquefied petroleum gas, and
shall be applied to the male threads only.
(h) Concealed tubing. Tubing shall not be run inside walls, floors,
partitions, or roofs. Where tubing passes through walls, floors,
partitions, roofs, or similar installations, such tubing shall be
protected by the use of weather resistant grommets that shall snugly fit
both the tubing and the hole through which the tubing passes.
[[Page 171]]
Part I--Maximum Capacity of Different Sizes of Pipe and Tubing in Thousands of Btu's Per Hour of Natural Gas For Gas Pressures of 0.5 Psig or Less and a
Maximum Pressure Drop of \1/2\ Inch Water Column
--------------------------------------------------------------------------------------------------------------------------------------------------------
Iron pipe sizes--Length in feet Tubing--Length in feet
--------------------------------------------------------------------------------------------------------------------------------------------------------
I.D. 10 20 30 40 50 60 70 80 90 100 O.D. 10 20 30 40 50 60 70 80 90 100
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/ 43 29 24 20 18 16 15 14 13 12 \3/ 27 18 15 13 11 10 9 9 8 8
4\" 8\"
\3/ 95 65 52 45 40 36 33 31 29 27 \1/ 56 38 31 26 23 21 19 18 17 16
8\" 2\"
\1/ 175 120 97 82 73 66 61 57 53 50 \5/ 113 78 62 53 47 43 39 37 34 33
2\" 8\"
\3/ 360 250 200 170 151 138 125 118 110 103 \3/ 197 136 109 93 83 75 69 64 60 57
4\" 4\"
1" 680 465 375 320 285 260 240 220 215 195 \7/ 280 193 155 132 117 106 98 91 85 81
8\"
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 172]]
Part II [Reserved]
(i) Concealed joints. Piping or tubing joints shall not be located
in any floor, wall partition, or similar concealed construction space.
(j) Gas supply connections. When gas appliances are installed, at
least one gas supply connection shall be provided on each home. The
connection shall not be located beneath an exit door. Where more than
one connection is provided, the piping system shall be sized to provide
adequate capacity from each supply connection.
(k) Identification of gas supply connections. Each manufactured home
shall have permanently affixed to the exterior skin at or near each gas
supply connection or the end of the pipe, a tag of 3 inches by 1\3/4\
inches minimum size, made of etched, metal-stamped or embossed brass,
stainless steel, anodized or alcalde aluminum not less than 0.020 inch
thick, or other approved material (e.g., 0.005 inch plastic laminates),
which reads as follows. The connector capacity indicated on this tag
shall be equal to or greater than the total Btuh rating of all intended
gas appliances.
------------------------------------------------------------------
Combination LP-Gas and Natural Gas System
This gas piping system is designed for use of
either liquefied petroleum gas or natural gas.
NOTICE: BEFORE TURNING ON GAS BE CERTAIN APPLIANCES
ARE DESIGNED FOR THE GAS CONNECTED AND ARE EQUIPPED WITH
CORRECT ORIFICES. SECURELY CAP THIS INLET WHEN NOT CONNECTED
FOR USE.
When connecting to lot outlet, use a listed gas
supply connector for mobile homes rated at {time} 100,000
Btuh or more; {time} 250,000 Btuh or more.
Before turning on gas, make certain all gas
connections have been made tight, all appliance valves are
turned off, and any unconnected outlets are capped.
After turning on gas, test gas piping and
connections to appliances for leakage with soapy water or
bubble solution, and light all pilots.
------------------------------------------------------------------
The connector capacity indicated on this tag shall be equal to or
greater than the total Btuh rating of all intended gas appliances.
(l) LP-gas supply connectors. (1) A listed LP-gas flexible
connection conforming to the UL Standard for Pigtails, and Flexible Hose
Connectors for LP-Gas, UL 569--Sixth Edition--1990, or equal shall be
supplied when LP-gas cylinder(s) and regulator(s) are supplied.
(2) Appliance connections. All gas burning appliances shall be
connected to the fuel piping. Materials as provided in Sec. 3280.705(b)
or listed appliance connectors shall be used. Listed appliance
connectors when used shall not run through walls, floors, ceilings or
partitions, except for cabinetry, and shall be 3 feet or less in length
or 6 feet or less for cooking appliances. Connectors of aluminum shall
not be used outdoors. A manufactured home containing a combination LP-
natural-gas-system may be provided with a gas outlet to supply exterior
appliances when installed in accordance with the following:
(i) No portion of the completed installation shall project beyond
the wall of the manufactured home.
(ii) The outlet shall be provided with an approved quick-disconnect
device, which shall be designed to provided a positive seal on the
supply side of the gas system when the appliance is disconnected. A
shutoff valve of the nondisplaceable rotor type conforming to ANSI
Z21.15-1992, Manually Operated Gas Valves, shall be installed
immediately upstream of the quick-disconnect device. The complete device
shall be provided as part of the original installation.
(iii) Protective caps or plugs for the ``quick-disconnect'' device,
when disconnected, shall be permanently attached to the manufactured
home adjacent to the device.
(iv) A tag shall be permanently attached to the outside of the
exterior wall of the manufactured home as close
[[Page 173]]
as possible to the gas supply connection. The tag shall indicate the
type of gas and the Btuh capacity of the outlet and shall be legibly
inscribed as follows:
THIS OUTLET IS DESIGNED FOR USE WITH GAS PORTABLE APPLIANCES WHOSE
TOTAL INPUT DO NOT EXCEED ------ BTUH. REPLACE PROTECTIVE COVERING OVER
CONNECTOR WHEN NOT IN USE.
(3) Valves. A shutoff valve shall be installed in the fuel piping at
each appliance inside the manufactured home structure, upstream of the
union or connector in addition to any valve on the appliance and so
arranged to be accessible to permit serving of the appliance and removal
of its components. The shutoff valve shall be located within 6 feet of a
cooking appliance and within 3 feet of any other appliance. A shutoff
valve may serve more than one appliance if located as required above.
Shut off valves shall be of the nondisplaceable rotor type and conform
ANSI Z21.15-1992, Manually Operated Gas Valves.
(4) Gas piping system openings. All openings in the gas piping
system shall be closed gas-tight with threaded pipe plugs or pipe caps.
(5) Electrical ground. Gas piping shall not be used for an
electrical ground.
(6) Couplings. Pipe couplings and unions shall be used to join
sections of threaded piping. Right and left nipples or couplings shall
not be used.
(7) Hangers and supports. All gas piping shall be adequately
supported by galvanized or equivalently protected metal straps or
hangers at intervals of not more than 4 feet, except where adequate
support and protection is provided by structural members. Solid-iron-
pipe gas supply connection(s) shall be rigidly anchored to a structural
member within 6 inches of the supply connection(s).
(8) Testing for leakage. (i) Before appliances are connected, piping
systems shall stand a pressure of at least six inches mercury or three
PSI gage for a period of not less than ten minutes without showing any
drop in pressure. Pressure shall be measured with a mercury manometer or
slope gage calibrated so as to be read in increments of not greater than
one-tenth pound, or an equivalent device. The source of normal operating
pressure shall be isolated before the pressure tests are made. Before a
test is begun, the temperature of the ambient air and of the piping
shall be approximately the same, and constant air temperature be
maintained throughout the test.
(ii) After appliances are connected, the piping system shall be
pressurized to not less than 10 inches nor more than 14 inches water
column and the appliance connections tested for leakage with soapy water
or bubble solution.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 54383, Oct. 5, 1977.
Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4587,
Feb. 12, 1987; 58 FR 55016, Oct. 25, 1993]
Sec. 3280.706 Oil piping systems.
(a) General. The requirements of this section shall govern the
installation of all liquid fuel piping attached to any manufactured
home. None of the requirements listed in this section shall apply to the
piping in the appliance(s).
(b) Materials. All materials used for the installation extension,
alteration, or repair, of any oil piping systems shall be new and free
from defects or internal obstructions. The system shall be made of
materials having a melting point of not less than 1,450 F, except as
provided in Sec. 280.706(d) and (e). They shall consist of one or more
of the materials described in Sec. 3280.706(b) (1) through (4).
(1) Steel or wrought-iron pipe shall comply with ANSI B 36.10-1979,
Welded and Seamless Wrought Steel Pipe. Threaded copper or brass pipe in
iron pipe sizes may be used.
(2) Fittings for oil piping shall be wrought-iron, malleable iron,
steel, or brass (containing not more than 75 percent copper).
(3) Copper tubing shall be annealed type, Grade K or L conforming to
the Standard Specification for Seamless Copper Water Tube, ASTM B88-93,
or shall comply with the Standard Specification for Seamless Copper Tube
for Air Conditioning and Refrigeration Field Service, ASTM B280-93.
(4) Steel tubing shall have a minimum wall thickness of 0.032 inch
for diameters up to \1/2\ inch and 0.049 inch for diameters \1/2\ inch
and larger. Steel
[[Page 174]]
tubing shall be constructed in accordance with the Specification for
Electric-Resistance-Welded Coiled Steel Tubing for Gas and Field Oil
Lines, ASTM, A539-90a, and shall be externally corrosion protected.
(c) Size of oil piping. The minimum size of all fuel oil tank piping
connecting outside tanks to the appliance shall be no smaller than \3/8\
inch OD copper tubing or \1/4\ inch IPS. If No. 1 fuel oil is used with
a listed automatic pump (fuel lifter), copper tubing shall be sized as
specified by the pump manufacturer.
(d) Joints for oil piping. All pipe joints in the piping system,
unless welded or brazed, shall be threaded joints which comply with
ANSI/ASME B1.20.1-1983, Pipe Threads, General Purpose (Inch). The
material used for brazing pipe connections shall have a melting
temperature in excess of 1,000 F.
(e) Joints for tubing. Joints in tubing shall be made with either a
single or double flare of the proper degree, as recommended by the
tubing manufacturer, by means of listed tubing fittings, or brazed with
materials having a melting point in excess of 1,000 F.
(f) Pipe joint compound. Threaded joints shall be made up tight with
listed pipe joint compound which shall be applied to the male threads
only.
(g) Couplings. Pipe couplings and unions shall be used to join
sections of threaded pipe. Right and left nipples or couplings shall not
be used.
(h) Grade of piping. Fuel oil piping installed in conjunction with
gravity feed systems to oil heating equipment shall slope in a gradual
rise upward from a central location to both the oil tank and the
appliance in order to eliminate air locks.
(i) Strap hangers. All oil piping shall be adequately supported by
galvanized or equivalently protected metal straps or hangers at
intervals of not more than 4 feet, except where adequate support and
protection is provided by structural members. Solid-iron-pipe oil supply
connection(s) shall be rigidly anchored to a structural member within 6
inches of the supply connection(s).
(j) Testing for leakage. Before setting the system in operation,
tank installations and piping shall be checked for oil leaks with fuel
oil of the same grade that will be burned in the appliance. No other
material shall be used for testing fuel oil tanks and piping. Tanks
shall be filled to maximum capacity for the final check for oil leakage.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4588, Feb. 12, 1987; 58 FR 55017, Oct. 25, 1993]
Sec. 3280.707 Heat producing appliances.
(a) Heat-producing appliances and vents, roof jacks and chimneys
necessary for their installation in manufactured homes shall be listed
or certified by a nationally recognized testing agency for use in
manufactured homes.
(1) A manufactured home shall be provided with a comfort heating
system.
(i) When a manufactured home is manufactured to contain a heating
appliance, the heating appliance shall be installed by the manufacturer
of the manufactured home in compliance with applicable sections of this
subpart.
(ii) When a manufactured home is manufactured for field application
of an external heating or combination heating/cooling appliance,
preparation of the manufactured home for this external application shall
comply with the applicable sections of this part.
(2) Gas and oil burning comfort heating appliances shall have a flue
loss of not more than 25 percent, and a thermal efficiency of not less
than that specified in nationally recognized standards (See
Sec. 3280.703).
(b) Fuel-burning heat-producing appliances and refrigeration
appliances, except ranges and ovens, shall be of the vented type and
vented to the outside.
(c) Fuel-burning appliances shall not be converted from one fuel to
another fuel unless converted in accordance with the terms of their
listing and the appliance manufacturer's instructions.
(d) Performance efficiency. (1) All automatic electric storage water
heaters installed in manufactured homes shall have a standby loss not
exceeding 43 watts/meter\2\ (4 watts/ft\2\) of tank surface area. The
method of test for standby loss shall be as described in section 4.3.1
of Household Automatic
[[Page 175]]
Electric Storage Type Water Heaters, ANSI C72.1-1972.
(2) All gas and oil-fired automatic storage water heaters shall have
a recovery efficiency, E, and a standby loss, S, as described below. The
method of test of E and S shall be as described in section 2.7 of Gas
Water heaters, Vol. I, Storage Water Heaters with Input/Ratings of
75,000 BTU per hour or less, ANSI Z21.10.1-1990, with addendums
Z21.10.1a-1991 and Z21.10.1b-1992 except that for oil-fired units.
CF=1.0, Q=total gallons of oil consumed and H=total heating value of oil
in BTU/gallon.
------------------------------------------------------------------------
Recovery
Storage capacity in gallons efficiency Standby loss
------------------------------------------------------------------------
Less than 25.................... At least 75 Not more than 7.5
percent. percent.
25 up to 35..................... 00................ Not more than 7
percent.
35 or more...................... 00................ Not more than 6
percent.
------------------------------------------------------------------------
(e) Each space heating, cooling or combination heating and cooling
system shall be provided with at least one readily adjustable automatic
control for regulation of living space temperature. The control shall be
placed a minimum of 3 feet from the vertical edge of the appliance
compartment door. It shall not be located on an exterior wall or on a
wall separating the appliance compartment from a habitable room.
(f) Oil-fired heating equipment. All oil-fired heating equipment
shall conform to liquid fuel-burning heating appliances for UL 307A--
Fifth Edition--1987, Liquid Fuel-Burning Heating Appliances for Mobile
Homes and Recreational Vehicles, and be installed in accordance with
Installation of Oil Burning Equipment, NFPA 31-1983. Regardless of the
requirements of the above referenced standards, or any other referenced
standards, the following are not required:
(1) External switches or remote controls which shut off the burner
or the flow of oil to the burner, or
(2) An emergency disconnect switch to interrupt electric power to
the equipment under conditions of excessive temperature.
[40 FR 58752, Dec. 17, 1975, as amended at 42 FR 54383, Oct. 5, 1977.
Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 47 FR 49391,
Nov. 1, 1982; 52 FR 4588, Feb. 12, 1987; 52 FR 47553, Dec. 15, 1987; 58
FR 55017, Oct. 25, 1993]
Sec. 3280.708 Exhaust duct system and provisions for the future installation of a clothes dryer.
(a) Clothes dryers. (1) All gas and electric clothes dryers shall be
exhausted to the outside by a moisture-lint exhaust duct and termination
fitting. When the clothes dryer is supplied by the manufacturer, the
exhaust duct and termination fittings shall be completely installed by
the manufacturer. However, if the exhaust duct system is subject to
damage during transportation, it need not be completely installed at the
factory when:
(i) The exhaust duct system is connected to the clothes dryer, and
(ii) A moisture lint exhaust duct system is roughed in and
installation intructions are provided in accordance with paragraph
(b)(3) or (c) of this section.
(2) A clothes dryer moisture-lint exhaust duct shall not be
connected to any other duct, vent or chimney.
(3) The exhaust duct shall not terminate beneath the manufactured
home.
(4) Moisture-lint exhaust ducts shall not be connected with sheet
metal screws or other fastening devices which extend into the interior
of the duct.
(5) Moisture-lint exhaust duct and termination fittings shall be
installed in accordance with the appliance manufacturer's printed
instructions.
(b) Provisions for future intallation of a gas clothes dryer. A
manufactured home may be provided with ``stubbed in'' equipment at the
factory to supply a gas clothes dryer for future installation by the
owner provided it complies with the following provisions:
(1) The ``stubbed in'' gas outlet shall be provided with a shutoff
valve, the outlet of which is closed by threaded pipe plug or cap;
(2) The ``stubbed in'' gas outlet shall be permanently labeled to
identify it
[[Page 176]]
for use only as the supply connection for a gas clothes dryer;
(3) A moisture lint duct system consisting of a complete access
space (hole) through the wall or floor cavity with a cap or cover on the
interior and exterior of the cavity secured in such a manner that they
can be removed by a common household tool shall be provided. The cap or
cover in place shall limit air infiltration and be designed to resist
the entry of water or rodents. The manufacturer is not required to
provide the moisture-lint exhaust duct or the termination fitting. The
manufacturer shall provide written instructions to the owner on how to
complete the exhaust duct installation in accordance with provisions of
Sec. 3280.708(a)(1) through (5).
(c) Provisions for future installation of a electric clothes dryers.
When wiring is installed to supply an electric clothes dryer for future
installation by the owner, the manufacturer shall:
(1) Provide a roughed in moisture-lint exhaust duct system
consisting of a complete access space (hole) through the wall or floor
cavity with a cap or cover on the interior and exterior of the cavity
which are secured in such a manner that they can be removed by the use
of common household tools. The cap or cover in place shall limit air
filtration and be designed to resist the entry of water or rodents into
the home. The manufacturer is not required to provide the moisture-lint
exhaust duct or the termination fitting;
(2) Install a receptacle for future connection of the dryer;
(3) Provide written instructions on how to complete the exhaust duct
installation in accordance with the provisions of paragraphs (a)(1)
through (5) of this section.
[42 FR 54383, Oct. 5, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55018, Oct. 25, 1993]
Sec. 3280.709 Installation of appliances.
(a) The installation of each appliance shall conform to the terms of
its listing and the manufacturer's instructions. The installer shall
leave the manufacturer's instructions attached to the appliance. Every
appliance shall be secured in place to avoid displacement. For the
purpose of servicing and replacement, each appliance shall be both
accessible and removable.
(b) Heat-producing appliances shall be so located that no doors,
drapes, or other such material can be placed or swing closer to the
front of the appliance than the clearances specified on the labeled
appliances.
(c) Clearances surrounding heat producing appliances shall not be
less than the clearances specified in the terms of their listings.
(1) Prevention of storage. The area surrounding heat producing
appliances installed in areas with interior or exterior access shall be
framed-in or guarded with noncombustible material such that the distance
from the appliance to the framing or guarding material is not greater
than three inches unless the appliance is installed in compliance with
paragraph (c)(2), of this section. When clearance required by the
listing is greater than three inches, the guard or frame shall not be
closer to the appliance than the distance provided in the listing.
(2) Clearance spaces surrounding heat producing appliances are not
required to be framed-in or guarded when:
(i) A space is designed specifically for a clothes washer or dryer;
(ii) Dimensions surrounding the appliance do not exceed three
inches; or
(iii) The manufacturer affixes either to a side of an alcove or
compartment containing the appliance, or to the appliance itself, in a
clearly visible location, a 3" x 5" adhesive backed plastic laminated
label or the equivalent which reads as follows:
``Warning''
This compartment is not to be used as a storage area. Storage of
combustible materials or containers on or near any appliance in this
compartment may create a fire hazard. Do not store such materials or
containers in this compartment.
(d) All fuel-burning appliances, except ranges, ovens, illuminating
appliances, clothes dryers, solid fuel-burning fireplaces and solid
fuel-burning fireplace stoves, shall be installed to provide for the
complete separation of the combustion system from the interior
atmosphere of the manufactured home. Combustion air inlets and flue gas
outlets shall be listed or certified
[[Page 177]]
as components of the appliance. The required separation may be obtained
by:
(1) The installation of direct vent system (sealed combustion
system) appliances, or
(2) The installation of appliances within enclosures so as to
separate the appliance combustion system and venting system from the
interior atmosphere of the manufactured home. There shall not be any
door, removable access panel, or other opening into the enclosure from
the inside of the manufactured home. Any opening for ducts, piping,
wiring, etc., shall be sealed.
(e) A forced air appliance and its return-air system shall be
designed and installed so that negative pressure created by the air-
circulating fan cannot affect its or another appliance's combustion air
supply or act to mix products of combustion with circulating air.
(1) The air circulating fan of a furnace installed in an enclosure
with another fuel-burning appliance shall be operable only when any door
or panel covering an opening in the furnace fan compartment or in a
return air plenum or duct is in the closed position. This does not apply
if both appliances are direct vent system (sealed combustion system)
appliances.
(2) If a warm air appliance is installed within an enclosure to
conform to Sec. 3280.709(d)(2), each warm-air outlet and each return air
inlet shall extend to the exterior of the enclosure. Ducts, if used for
that purpose, shall not have any opening within the enclosure and shall
terminate at a location exterior to the enclosure.
(3) Cooling coils installed as a portion of, or in connection with,
any forced-air furnace shall be installed on the downstream side unless
the furnace is specifically otherwise listed.
(4) An air conditioner evaporator section shall not be located in
the air discharge duct or plenum of any forced-air furnace unless the
manufactured home manufacturer has complied with certification required
in Sec. 3280.511.
(5) If a cooling coil is installed with a forced-air furnace, the
coil shall be installed in accordance with its listing. When a furnace-
coil unit has a limited listing, the installation must be in accordance
with that listing.
(6) When an external heating appliance or combination cooling/
heating appliance is to be field installed, the home manufacturer shall
make provision for proper location of the connections to the supply and
return air systems. The manufacturer is not required to provide said
appliance(s). The preparation by the manufacturer for connection to the
home's supply and return air system shall include all fittings and
connection ducts to the main duct and return air system such that the
installer is only required to provide:
(i) The appliance;
(ii) Any appliance connections to the home; and
(iii) The connecting duct between the external appliance and the
fitting installed on the home by the manufacturer. The above connection
preparations by the manufacturer do not apply to supply or return air
systems designed only to accept external cooling (i.e., self contained
air conditioning systems, etc.)
(7) The installation of a self contained air conditioner comfort
cooling appliance shall meet the following requirements:
(i) The installation on a duct common with an installed heating
appliance shall require the installation of an automatic damper or other
means to prevent the cooled air from passing through the heating
appliance unless the heating appliance is certified or listed for such
application and the supply system is intended for such an application.
(ii) The installation shall prevent the flow of heated air into the
external cooling appliance and its connecting ducts to the manufactured
home supply and return air system during the operation of the heating
appliance installed in the manufactured home.
(iii) The installation shall prevent simultaneous operation of the
heating and cooling appliances.
(f) Vertical clearance above cooking top. Ranges shall have a
vertical clearance above the cooking top of not less than 24 inches.
(See Sec. 3280.204).
(g) Solid fuel-burning factory-built fireplaces and fireplace stoves
listed for use in manufactured homes may be
[[Page 178]]
installed in manufactured homes provided they and their installation
conform to the following paragraphs. A fireplace or fireplace stove
shall not be considered as a heating facility for determining compliance
with subpart F.
(1) A solid fuel-burning fireplace or fireplace stove shall be
equipped with integral door(s) or shutter(s) designed to close the
fireplace or fireplace stove fire chamber opening and shall include
complete means for venting through the roof, a combustion air inlet, a
hearth extension, and means to securely attach the fireplace or the
fireplace stove to the manufactured home structure. The installation
shall conform to the following paragraphs (g)(1) (i) to (vii) inclusive:
(i) A listed factory-built chimney designed to be attached directly
to the fireplace or fireplace stove shall be used. The listed factory
built chimney shall be equipped with and contain as part of its listing
a termination device(s) and a spark arrester(s).
(ii) A fireplace or fireplace stove, air intake assembly, hearth
extension and the chimney shall be installed in accordance with the
terms of their listings and their manufacturer's instructions.
(iii) The combustion air inlet shall conduct the air directly into
the fire chamber and shall be designed to prevent material from the
hearth dropping onto the area beneath the manufactured home.
(iv) The fireplace or fireplace stove shall not be installed in a
sleeping room.
(v) Hearth extension shall be of noncombustible material not less
than \3/8\-inch thick. The hearth shall extend at least 16 inches in
front or and at least 8 inches beyond each side of the fireplace or
fireplace stove opening. Furthermore the hearth shall extend over the
entire surface beneath a fireplace stove and beneath an elevated or
overhanging fireplace.
(vi) The label on each solid fuel-burning fireplace and solid fuel-
burning fireplace stove shall include the following wording: For use
with solid fuel only.
(vii) The chimney shall extend at least three feet above the part of
the roof through which it passes and at least two feet above the highest
elevation of any part of the manufactured home within 10 feet of the
chimney. Portions of the chimney and termination that exceed an
elevation of 13\1/2\ ft. above ground level may be designed to be
removed for transporting the manufactured home.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 44 FR 66195, Nov. 19, 1979; 58 FR 55018, Oct. 25, 1993]
Sec. 3280.710 Venting, ventilation and combustion air.
(a) The venting as required by Sec. 3280.707(b) shall be
accomplished by one or more of the methods given in (a)(1) and (2) of
this section:
(1) An integral vent system listed or certified as part of the
appliance.
(2) A venting system consisting entirely of listed components,
including roof jack, installed in accordance with the terms of the
appliance listing and the appliance manufacturer's instructions.
(b) Venting and combustion air systems shall be installed in
accordance with the following:
(1) Components shall be securely assembled and properly aligned at
the factory in accordance with the appliance manufacturer's instructions
except vertical or horizontal sections of a fuel fired heating appliance
venting system that extend beyond the roof line or outside the wall line
may be installed at the site. Sectional venting systems shall be listed
for such applications and installed in accordance with the terms of
their listings and manufacturers' instructions. In cases where sections
of the venting system are removed for transportation, a label shall be
permanently attached to the appliance indicating the following:
Sections of the venting system have not been installed. Warning-do
not operate the appliance until all sections have been assembled and
installed in accordance with the manufacturer's instructions.
(2) Draft hood connectors shall be firmly attached to draft hood
outlets or flue collars by sheet metal screws or by equivalent effective
mechanical fasteners.
(3) Every joint of a vent, vent connector, exhaust duct and
combustion
[[Page 179]]
air intake shall be secure and in alignment.
(c) Venting systems shall not terminate underneath a manufactured
home.
(d) Venting system terminations shall be not less than three feet
from any motor-driven air intake discharging into habitable areas.
(e) The area in which cooking appliances are located shall be
ventilated by a metal duct which may be single wall, not less than 12.5
square inches in cross-sectional area (minimum dimension shall be two
inches) located above the appliance(s) and terminating outside the
manufactured home, or by listed mechanical ventilating equipment
discharging outside the home, that is installed in accordance with the
terms of listing and the manufacturer's instructions. Gravity or
mechanical ventilation shall be installed within a horizontal distance
of not more than ten feet from the vertical front of the appliance(s).
(f) Mechanical ventilation which exhausts directly to the outside
atmosphere from the living space of a home shall be equipped with an
automatic or manual damper. Operating controls shall be provided such
that mechanical ventilation can be separately operated without directly
energizing other energy consuming devices.
[49 FR 32012, Aug. 9, 1984, as amended at 58 FR 55018, Oct. 25, 1993]
Sec. 3280.711 Instructions.
Operating instructions shall be provided with each appliance. These
instructions shall include directions and information covering the
proper use and efficient operation of the appliance and its proper
maintenance.
Sec. 3280.712 Marking.
(a) Information on clearances, input rating, lighting and shutdown
shall be attached to the appliances with the same permanence as the
nameplate, and so located that it is easily readable when the appliance
is properly installed or shutdown for transporting of manufactured home.
(b) Each fuel-burning appliance shall bear permanent marking
designating the type(s) of fuel for which it is listed.
Sec. 3280.713 Accessibility.
Every appliance shall be accessible for inspection, service, repair,
and replacement without removing permanent construction. For those
purposes, inlet piping supplying the appliance shall not be considered
permanent construction. Sufficient room shall be available to enable the
operator to observe the burner, control, and ignition means while
starting the appliance.
[58 FR 55018, Oct. 25, 1993]
Sec. 3280.714 Appliances, cooling.
(a) Every air conditioning unit or a combination air conditioning
and heating unit shall be listed or certified by a nationally recognized
testing agency for the application for which the unit is intended and
installed in accordance with the terms of its listing.
(1) Mechanical air conditioners shall be rated in accordance with
the ARI Standard 210/240-89 Unitary Air Conditioning and Air Source
Unitary Heat Pump Equipment and certified by ARI or other nationally
recognized testing agency capable of providing follow-up service.
(i) Electric motor-driven unitary cooling systems with rated
capacity less than 65,000 BTU/Hr when rated at ARI Standard rating
conditions in ARI Standard 210/240-89 Unitary Air-Conditioning and Air-
Source Heat Pump Equipment, shall show energy efficiency (EER) values
not less than 7.2.
(ii) Heat pumps shall be certified to comply with all the
requirements of the ARI Standard 210/240-89 Unitary Air Conditioning and
Air Source Unitary Heat Pump Equipment. Electric motor-driven vapor
compression heat pumps with supplemental electrical resistance heat
shall be sized to provide by compression at least 60 percent of the
calculated annual heating requirements for the manufactured home being
served. A control shall be provided and set to prevent operation of
supplemental electrical resistance heat at outdoor temperatures above 40
F, except for defrost operation.
(iii) Electric motor-driven vapor compression heat pumps with
supplemental electric resistance heat conforming to ARI Standard 210/
240-89 Unitary Air-Conditioning and Air-Source
[[Page 180]]
Heat Pump Equipment shall show coefficient of performance ratios not
less than shown below:
COP
------------------------------------------------------------------------
Coefficient
Temperature degrees fahrenheit of
performance
------------------------------------------------------------------------
47........................................................ 2.5
17........................................................ 1.7
0......................................................... 1.0
------------------------------------------------------------------------
(2) Gas-fired absorption air conditioners shall be listed or
certified in accordance with ANSI Standard Z21.40.1-1981 ``Gas-fired
Absorption Summer Air Conditioning Appliances'' with addenda la-1982,
and certified by a nationally recognized testing agency capable of
providing follow-up service.
(3) Direct refrigerating systems serving any air conditioning or
comfort-cooling system installed in a manufactured home shall employ a
type of refrigerant that ranks no lower than Group 5 in the
Underwriters' Laboratories, Inc. ``Classification of Comparative Life
Hazard of Various Chemicals.''
(4) When a cooling or heat pump coil and air conditioner blower are
installed with a furnace or heating appliance, they shall be tested and
listed in combination for heating and safety performance by a nationally
recognized testing agency.
(5) Cooling or heat pump indoor coils and outdoor sections shall be
certified, listed and rated in combination for capacity and efficiency
by a nationally recognized testing agency(ies). Rating procedures shall
be based on U.S. Department of Energy test procedures.
(b) Installation and instructions. (1) The installation of each
appliance shall conform to the terms of its listing as specified on the
appliance and in the manufacturer's instructions. The installer shall
include the manufacturer's installation instructions in the manufactured
home. Appliances shall be secured in place to avoid displacement and
movement from vibration and road shock.
(2) Operating instructions shall be provided with the appliance.
(c) Fuel-burning air conditioners shall also comply with
Sec. 280.707.
(d) The appliance rating plate shall be so located that it is easily
readable when the appliance is properly installed.
(e) Every installed appliance shall be accessible for inspection,
service, repair and replacement without removing permanent construction.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55018, Oct. 25, 1993]
Sec. 3280.715 Circulating air systems.
(a) Supply system. (1) Supply ducts and any dampers contained
therein shall be made from galvanized steel, tin-plated steel, or
aluminum, or shall be listed Class 0, Class 1, or Class 2 air ducts.
Class 2 air ducts shall be located at least 3 feet from the furnace
bonnet or plenum. A duct system integral with the structure shall be of
durable construction that can be demonstrated to be equally resistant to
fire and deterioration. Ducts constructed from sheet metal shall be in
accordance with the following table:
Minimum Metal Thickness for Ducts \1\
------------------------------------------------------------------------
Diameter Width
Duct type 14 in. or over 14
less in.
------------------------------------------------------------------------
Round............................................. 0.013 0.016
Enclosed rectangular.............................. .013 .016
Exposed rectangular............................... .016 .019
------------------------------------------------------------------------
\1\ When ``nominal'' thicknesses are specified, 0.003 in. shall be added
to these ``minimum'' metal thicknesses.
(2) Sizing of ducts for heating. (i) Ducts shall be so designed that
when a labeled forced-air furnace is installed and operated continuously
at its normal heating air circulating rate in the manufactured home,
with all registers in the full open position, the static pressure
measured in the casing shall not exceed 90% of that shown on the label
of the appliance. For upflow furnaces the static pressure shall be taken
in the duct plenum. For external heating or combination heating/cooling
appliances the static pressure shall be taken at the point used by the
agency listing or certifying the appliance.
(ii) When an evaporator-coil specifically designed for the
particular furnace is installed between the furnace and the duct plenum,
the total static pressure shall be measured downstream of the coil in
accordance with the appliance label and shall not exceed 90
[[Page 181]]
percent of that shown on the label of the appliance.
(iii) When any other listed air-cooler coil is installed between the
furnace and the duct plenum, the total static pressure shall be measured
between the furnace and the coil and it shall not exceed 90 percent of
that shown on the label of the furnace.
(iv) The minimum dimension of any branch duct shall be at least 1\1/
2\ inches, and of any main duct, 2\1/2\ inches.
(3) Sizing of ducts. (i) The manufactured home manufacturer shall
certify the capacity of the air cooling supply duct system for the
maximum allowable output of ARI certified central air conditioning
systems. The certification shall be at operating static pressure of 0.3
inches of water or greater. (See Sec. 3280.511).
(ii) The refrigerated air cooling supply duct system including
registers must be capable of handling at least 300 cfm per 10,000 btuh
with a static pressure no greater than 0.3 inches of water when measured
at room temperature. In the case of application of external self
contained comfort cooling appliances or the cooling mode of combination
heating/cooling appliances, either the external ducts between the
appliance and the manufactured home supply system shall be considered
part of, and shall comply with the requirements for the refrigerated air
cooling supply duct system, or the connecting duct between the external
appliance and the mobile supply duct system shall be a part of the
listed appliance. The minimum dimension of any branch duct shall be at
least 1\1/2\ inches, and of any main duct, 2\1/2\ inches.
(4) Airtightness of supply duct systems. A supply duct system shall
be considered substantially airtight when the static pressure in the
duct system, with all registers sealed and with the furnace air
circulator at high speed, is at least 80 percent of the static pressure
measured in the furnace casing, with its outlets sealed and the furnace
air circulator operating at high speed. For the purpose of this
paragraph and Sec. 3280.715(b) pressures shall be measured with a water
manometer or equivalent device calibrated to read in increments not
greater than \1/10\ inch water column.
(5) Expandable or multiple manufactured home connections. (i) An
expandable or multiple manufactured home may have ducts of the heating
system installed in the various units. The points of connection must be
so designed and constructed that when the manufactured home is fully
expanded or coupled, the resulting duct joint will conform to the
requirements of this part.
(ii) Installation instructions for supporting the crossover duct
from the manufactured home shall be provided for onsite installation.
The duct shall not be in contact with the ground.
(6) Air supply ducts shall be insulated with material having an
effective thermal resistance (R) of not less than 4.0 unless they are
within manufactured home insulation having a minimum effective value of
R-4.0 for floors or R-6.0 for ceilings.
(7) Supply and return ducts exposed directly to outside air, such as
under chassis crossover ducts or ducts connecting external heating,
cooling or combination heating/cooling appliances shall be insulated
with material having a minimum thermal resistance of R=4.0, with a
continuous vapor barrier having a perm rating of not more than 1 perm.
Where exposed underneath the manufactured home, all such ducts shall
comply with Sec. 3280.715(a)(5)(ii).
(b) Return air systems--(1) Return air openings. Provisions shall be
made to permit the return of circulating air from all rooms and living
spaces, except toilet room(s), to the circulating air supply inlet of
the furnace.
(2) Duct material. Return ducts and any diverting dampers contained
therein shall be in accordance with the following:
(i) Portions of return ducts directly above the heating surfaces, or
closer than 2 feet from the outer jacket or casing of the furnace shall
be constructed of metal in accordance with Sec. 3280.715(a)(1) or shall
be listed Class 0 or Class 1 air ducts.
(ii) Return ducts, except as required by paragraph (a) of this
section, shall be constructed of one-inch (nominal) wood boards (flame
spread classification of not more than 200), other suitable material no
more flammable than
[[Page 182]]
one-inch board or in accordance with Sec. 3280.715(a)(1).
(iii) The interior of combustible ducts shall be lined with
noncombustible material at points where there might be danger from
incandescent particles dropped through the register or furnace such as
directly under floor registers and the bottom return.
(iv) Factory made air ducts used for connecting external heating,
cooling or combination heating/cooling appliances to the supply system
and return air system of a manufactured home shall be listed by a
nationally recognized testing agency. Ducts applied to external heating
appliances or combination heating/cooling appliances supply system
outlets shall be constructed of metal in accordance with
Sec. 3280.715(a)(1) or shall be listed Class 0 or Class 1 air ducts for
those portions of the duct closer than 2 feet from the outer casing of
the appliance.
(v) Ducts applied to external appliances shall be resistant to
deteriorating environmental effects, including but not limited to
ultraviolet rays, cold weather, or moisture and shall be resistant to
insects and rodents.
(3) Sizing. The cross-sectional areas of the return air duct shall
not be less than 2 square inches for each 1,000 Btu per hour input
rating of the appliance. Dampers shall not be placed in a combination
fresh air intake and return air duct so arranged that the required
cross-sectional area will not be reduced at all possible positions of
the damper.
(4) Permanent uncloseable openings. Living areas not served by
return air ducts or closed off from the return opening of the furnace by
doors, sliding partitions, or other means shall be provided with
permanent uncloseable openings in the doors or separating partitions to
allow circulated air to return to the furnace. Such openings may be
grilled or louvered. The net free area of each opening shall be not less
than 1 square inch for every 5 square feet of total living area closed
off from the furnace by the door or partition serviced by that opening.
Undercutting doors connecting the closed-off space may be used as a
means of providing return air area. However, in the event that doors are
undercut, they shall be undercut a minimum of 2 inches and not more than
2\1/2\ inches, as measured from the top surface of the floor decking to
the bottom of the door and no more than one half of the free air area so
provided shall be counted as return air area.
(c) Joints and seams. Joints and seams of ducts shall be securely
fastened and made substantially airtight. Slip joints shall have a lap
of at least 1 inch and shall be individually fastened. Tape or caulking
compound may be used for sealing mechanically secure joints. Where used,
tape or caulking compound shall not be subject to deterioration under
long exposures to temperatures up to 200 deg. F. and to conditions of
high humidity, excessive moisture, or mildew.
(d) Supports. Ducts shall be securely supported.
(e) Registers or grilles. Fittings connecting the registers or
grilles to the duct system shall be constructed of metal or material
which complies with the requirements of Class 1 or 2 ducts under UL
181--Sixth Edition--1984, Factory Made Air Ducts and Connectors. Air
supply terminal devices (registers) when installed in kitchens,
bedrooms, and bathrooms shall be equipped with adjustable closeable
dampers. Registers or grilles shall be constructed of metal or conform
with the following:
(1) Be made of a material classified 94V-0 or 94V-1 when tested as
described in Underwriters' Laboratories, Inc., Tests for Flammability of
Plastic Materials for Parts in Devices and Appliances, UL 94-Fourth
Edition-1991.
(2) Floor registers or grilles shall resist without structural
failure a 200 lb. concentrated load on a 2-inch diameter disc applied to
the most critical area of the exposed face of the register or grille.
For this test the register or grille is to be at a temperature of not
less than 165 deg. F and is to be supported in accordance with the
manufacturer's instructions.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4589, Feb. 12, 1987; 58 FR 55019, Oct. 25, 1993]
[[Page 183]]
Subpart I--Electrical Systems
Sec. 3280.801 Scope.
(a) Subpart I of this standard and part A of Article 550 of the
National Electrical Code (NFPA No. 70-1993) cover the electrical
conductors and equipment installed within or on manufactured homes and
the conductors that connect manufactured homes to a supply of
electricity.
(b) In addition to the requirements of this standard and Article 550
of the National Electrical Code (NFPA No. 70-1993) the applicable
portions of other Articles of the National Electrical Code shall be
followed covering electrical installations in manufactured homes.
Wherever the requirements of this standard differ from the National
Electrical Code, this standard shall apply.
(c) The provisions of this standard apply to manufactured homes
intended for connection to a wiring system nominally rated 120/240
volts, 3-wire AC, with grounded neutral.
(d) All electrical materials, devices, appliances, fittings and
other equipment shall be listed or labeled by a nationally recognized
testing agency and shall be connected in an approved manner when in
service.
(e) Aluminum conductors, aluminum alloy conductors, and aluminum
core conductors such as copper clad aluminum; are not acceptable for use
in branch circuit wiring in manufactured homes.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55019, Oct. 25, 1993]
Sec. 3280.802 Definitions.
(a) The following definitions are applicable to subpart I only.
(1) Accessible (i) (As applied to equipment) means admitting close
approach because not guarded by locked doors, elevation, or other
effective means. (See readily accessible.)
(ii) (As applied to wiring methods) means capable of being removed
or exposed without damaging the manufactured home structure or finish,
or not permanently closed-in by the structure or finish of the
manufactured home (see concealed and exposed).
(2) Air conditioning or comfort cooling equipment means all of that
equipment intended or installed for the purpose of processing the
treatment of air so as to control simultaneously its temperature,
humidity, cleanliness, and distribution to meet the requirements of the
conditioned space.
(3)(i) Appliance means utilization equipment, generally other than
industrial, normally built in standardized sizes or types, which is
installed or connected as a unit to perform one or more functions, such
as clothes washing, air conditioning, food mixing, deep frying, etc.
(ii) Appliance, fixed means an appliance which is fastened or
otherwise secured at a specific location.
(iii) Appliance, portable means an appliance which is actually moved
or can easily be moved from one place to another in normal use. For the
purpose of this Standard, the following major appliances are considered
portable if cord-connected: refrigerators, clothes washers, dishwashers
without booster heaters, or other similar appliances.
(iv) Appliance, stationary means an appliance which is not easily
moved from one place to another in normal use.
(4) Attachment plug (plug cap) (cap) means a device which, by
insertion in a receptacle, establishes connection between the conductors
of the attached flexible cord and the conductors connected permanently
to the receptacle.
(5) Bonding means the permanent joining of metallic parts to form an
electrically conductive path which will assure electrical continuity and
the capacity to conduct safely any current likely to be imposed.
(6) Branch circuit (i) means the circuit conductors between the
final overcurrent device protecting the circuit and the outlet(s). A
device not approved for branch circuit protection, such as a thermal
cutout or motor overload protective device, is not considered as the
overcurrent device protecting the circuit.
(ii) Branch circuit--appliance means a branch circuit supplying
energy to one or more outlets to which appliances are to be connected,
such circuits to have no permanently connected lighting fixtures not a
part of an appliance.
[[Page 184]]
(iii) Branch circuit--general purpose means a circuit that supplies
a number of outlets for lighting and appliances.
(iv) Branch circuit--individual means a branch circuit that supplies
only one utilization equipment.
(7) Cabinet means an enclosure designed either for surface or flush
mounting, and provided with a frame, mat, or trim in which swinging
doors are hung.
(8) Circuit breaker means a device designed to open and close a
circuit by nonautomatic means, and to open the circuit automatically on
a predetermined overload of current without injury to itself when
properly applied within its rating.
(9) Concealed means rendered inaccessible by the structure or finish
of the manufactured home. Wires in concealed raceways are considered
concealed, even though they may become accessible by withdrawing them.
(See accessible (As applied to wiring methods))
(10) Connector, pressure (solderless) means a device that
establishes a connection between two or more conductors or between one
or more conductors and a terminal by means of mechanical pressure and
without the use of solder.
(11) Dead front (as applied to switches, circuit-breakers,
switchboards, and distribution panelboard) means so designed,
constructed, and installed that no current-carrying parts are normally
exposed on the front.
(12) Demand factor means the ratio of the maximum demand of a
system, or part of a system, to the total connected load of a system or
the part of the system under consideration.
(13) Device means a unit of an electrical system that is intended to
carry but not utilize electrical energy.
(14) Disconnecting means means a device, or group of devices, or
other means by which the conductors of a circuit can be disconnected
from their source of supply.
(15) Distribution panelboard means a single panel or a group of
panel units designed for assembly in the form of a single panel,
including buses, and with or without switches or automatic overcurrent
protective devices or both, for the control of light, heat, or power
circuits of small individual as well as aggregate capacity; designed to
be placed in a cabinet placed in or against a wall or partition and
accessible only from the front.
(16) Enclosed means surrounded by a case that will prevent a person
from accidentally contacting live parts.
(17) Equipment means a general term, including material, fittings,
devices, appliances, fixtures, apparatus, and the like used as a part
of, or in connection with, an electrical installation.
(18) Exposed (i) (As applied to live parts) means capable of being
inadvertently touched or approached nearer than a safe distance by a
person. It is applied to parts not suitably guarded, isolated, or
insulated. (See accessible and concealed.)
(ii) (As applied to wiring method) means on or attached to the
surface or behind panels designed to allow access. (See Accessible (as
applied to wiring methods))
(19) Externally operable means capable of being operated without
exposing the operator to contact with live parts.
(20) Feeder assembly means the overhead or under-chassis feeder
conductors, including the grounding conductor, together with the
necessary fittings and equipment, or a power supply cord approved for
manufactured home use, designed for the purpose of delivering energy
from the source of electrical supply to the distribution panelboard
within the manufactured home.
(21) Fitting means an accessory, such as a locknut, bushing, or
other part of a wiring system, that is intended primarily to perform a
mechanical rather than an electrical function.
(22) Ground means a conducting connection, whether intentional or
accidental, between an electrical circuit or equipment and earth, or to
some conducting body that serves in place of the earth.
(23) Grounded means connected to earth or to some conducting body
that serves in place of the earth.
(24) Grounded conductor means a system or circuit conductor that is
intentionally grounded.
(25) Grounding conductor means a conductor used to connect equipment
or the grounded circuit of a wiring system to a grounding electrode or
electrodes.
[[Page 185]]
(26) Guarded means covered, shielded, fenced, enclosed, or otherwise
protected by means of suitable covers, casings, barriers, rails,
screens, mats or platforms to remove the likelihood of approach or
contact by persons or objects to a point of danger.
(27) Isolated means not readily accessible to persons unless special
means for access are used.
(28) Laundry area means an area containing or designed to contain
either a laundry tray, clothes washer and/or clothes dryer.
(29) Lighting outlet means an outlet intended for the direct
connection of a lampholder, a lighting fixture, or a pendant cord
terminating in a lampholder.
(30) Manufactured home accessory building or structure means any
awning, cabana, ramada, storage cabinet, carport, fence, windbreak or
porch established for the use of the occupant of the manufactured home
upon a manufactured home lot.
(31) Manufactured home service equipment means the equipment
containing the disconnecting means, overcurrent protective devices, and
receptacles or other means for connecting a manufactured home feeder
assembly.
(32) Outlet means a point on the wiring system at which current is
taken to supply utilization equipment.
(33) Panelboard means a single panel or group of panel units
designed for assembly in the form of a single panel; including buses,
automatic overcurrent protective devices, and with or without switches
for the control of light, heat, or power circuits; designed to be placed
in a cabinet or cutout box placed in or against a wall or partition and
accessible only from the front.
(34) Raceway means any channel for holding wires, cables, or busbars
that is designed expressly for, and used solely for, this purpose.
Raceways may be of metal or insulating material, and the term includes
rigid metal conduit, rigid nonmetallic conduit, flexible metal conduit,
electrical metallic tubing, underfloor raceways, cellular concrete floor
raceways, cellular metal floor raceways, surface raceways, structural
raceways, wireways, and busways.
(35) Raintight means so constructed or protected that exposure to a
beating rain will not result in the entrance of water.
(36) Readily accessible means capable of being reached quickly for
operation, renewal, or inspection, without requiring those to whom ready
access is requisite to climb over or remove obstacles or to resort to
portable ladders, chairs, etc. (See Accessible.)
(37) Receptacle means a contact device installed at an outlet for
the connection of a single attachment plug. A single receptacle is a
single contact device with no other contact device on the same yoke. A
multiple receptacle is a single device containing two or more
receptacles.
(38) Receptacle outlet means an outlet where one or more receptacles
are installed.
(39) Utilization equipment means equipment which utilizes electric
energy for mechanical, chemical, heating, lighting, or similar purposes.
(40) Voltage (of a circuit) means the greatest root-mean-square
(effective) difference of potential between any two conductors of the
circuit concerned. Some systems, such as 3-phase 4-wire, single-phase 3-
wire, and 3-wire direct-current may have various circuits of various
voltages.
(41) Weatherproof means so constructed or protected that exposure to
the weather will not interfere with successful operation. Rainproof,
raintight, or watertight equipment can fulfill the requirements for
weatherproof where varying weather conditions other than wetness, such
as snow, ice, dust, or temperature extremes, are not a factor.
Sec. 3280.803 Power supply.
(a) The power supply to the manufactured home shall be a feeder
assembly consisting of not more than one listed 50 ampere manufactured
home power-supply cords, or a permanently installed circuit. A
manufactured home that is factory-equipped with gas or oil-fired central
heating equipment and cooking appliances shall be permitted to be
provided with a listed manufactured home power-supply cord rated 40
amperes.
[[Page 186]]
(b) If the manufactured home has a power-supply cord, it shall be
permanently attached to the distribution panelboard or to a junction box
permanently connected to the distribution panelboard, with the free end
terminating in an attachment plug cap.
(c) Cords with adapters and pigtail ends, extension cords, and
similar items shall not be attached to, or shipped with, a manufactured
home.
(d) A listed clamp or the equivalent shall be provided at the
distribution panelboard knockout to afford strain relief for the cord to
prevent strain from being transmitted to the terminals when the power-
supply cord is handled in its intended manner.
(e) The cord shall be of an approved type with four conductors, one
of which shall be identified by a continuous green color or a continuous
green color with one or more yellow stripes for use as the grounding
conductor.
(f) The attachment plug cap shall be a 3-pole, 4-wire grounding
type, rated 50 amperes, 125/250 volts with a configuration as shown
herein and intended for use with the 50-ampere, 125/250 receptacle
configuration shown. It shall be molded of butyl rubber, neoprene, or
other approved materials which have been found suitable for the purpose,
and shall be molded to the flexible cord so that it adheres tightly to
the cord at the point where the cord enters the attachment-plug cap. If
a right-angle cap is used, the configuration shall be so oriented that
the grounding member is farthest from the cord.
(g) The overall length of a power-supply cord, measured from the end
of the cord, including bared leads, to the face of the attachment-plug
cap shall not be less than 21 feet and shall not exceed 36\1/2\ feet.
The length of cord from the face of the attachment-plug cap to the point
where the cord enters the manufactured home shall not be less than 20
feet.
[GRAPHIC] [TIFF OMITTED] TC17OC91.007
50-ampere 125/250 volt receptacle and attachment-plug-cap
configurations, 3 pole, 4-wire grounding types used for manufactured
home supply cords and manufactured home parks. Complete details of the
50-ampere cap and receptacle can be found in the American National
Standard Dimensions of Caps, Plugs and Receptacles, Grounding Type (ANSI
C73.17--1972).
(h) The power supply cord shall bear the following marking: ``For
use with manufactured homes--40 amperes'' or ``For use with manufactured
homes--50 amperes.''
(i) Where the cord passes through walls or floors, it shall be
protected by means of conduit and bushings or equivalent. The cord may
be installed within the manufactured home walls, provided a continuous
raceway is installed from the branch-circuit panelboard to the underside
of the manufactured home floor. The raceway may be rigid conduit,
electrical metallic tubing or polyethylene (PE), poly-vinylchloride
(PVC) or acrylonitrile-butadiene-styrene (ABS) plastic tubing having a
minimum wall thickness of nominal \1/8\ inch.
(j) Permanent provisions shall be made for the protection of the
attachment-plug cap of the power supply cord and any connector cord
assembly or receptacle against corrosion and mechanical damage if such
devices are in an exterior location while the manufactured home is in
transit.
(k) Where the calculated load exceeds 50 amperes or where a
permanent feeder is used, the supply shall be by means of:
(1) One mast weatherhead installation installed in accordance with
Article 230 of the National Electrical Code NFPA No. 70-1993 containing
four continuous insulated, color-coded, feeder conductors, one of which
shall be an equipment grounding conductor; or
(2) An approved raceway from the disconnecting means in the
manufactured home to the underside of the manufactured home with
provisions for the attachment of a suitable junction box or fitting to
the raceway on the underside of the manufactured home. The manufacturer
shall provide in his written installation instructions, the proper
feeder conductor sizes for the raceway and the size of the junction box
to be used; or
(3) Service equipment installed on the manufactured home in
accordance
[[Page 187]]
with Article 230 of the National Electrical Code NFPA No. 70-1993; and
(i) The installation shall be completed by the manufacturer except
for the service connections, the meter and the grounding electrode
conductor;
(ii) Exterior equipment, or the enclosure in which it is installed
shall be weatherproof and installed in accordance with Article 373-2 of
the National Electrical Code NFPA No. 70-1993. Conductors shall be
suitable for use in wet locations;
(iii) The neutral conductor shall be connected to the system
grounding conductor on the supply side of the main disconnect in
accordance with Articles 250-23, 25, and 53 of NFPA No. 70-1993.
(iv) The manufacturer shall include in its written installation
instructions one method of grounding the service equipment at the
installation site;
(v) The minimum size grounding electrode conductor shall be
specified in the instructions; and
(vi) A red ``Warning'' label shall be mounted on or adjacent to the
service equipment. The label shall state:
``Warning--do not provide electrical power until the grounding
electrode is installed and connected (see installation instructions).''
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4589, Feb. 12, 1987; 58 FR 55019, Oct. 25, 1993]
Sec. 3280.804 Disconnecting means and branch-circuit protective equipment.
(a) The branch-circuit equipment shall be permitted to be combined
with the disconnecting means as a single assembly. Such a combination
shall be permitted to be designated as a distribution panelboard. If a
fused distribution panelboard is used, the maximum fuse size of the
mains shall be plainly marked with lettering at least \1/4\-inch high
and visible when fuses are changed. See section 110-22 of the National
Electrical Code (NFPA No. 70-1993) concerning identification of each
disconnecting means and each service, feeder, or branch circuit at the
point where it originated and the type marking needed.
(b) Plug fuses and fuseholders shall be tamper-resistant, Type
``S,'' enclosed in dead-front fuse panelboards. Electrical distribution
panels containing circuit breakers shall also be dead-front type.
(c) Disconnecting means. A single disconnecting means shall be
provided in each manufactured home consisting of a circuit breaker, or a
switch and fuses and their accessories installed in a readily accessible
location near the point of entrance of the supply cord or conductors
into the manufactured home. The main circuit breakers or fuses shall be
plainly marked ``Main.'' This equipment shall contain a solderless type
of grounding connector or bar for the purposes of grounding with
sufficient terminals for all grounding conductors. The neutral bar
termination of the grounded circuit conductors shall be insulated.
(d) The disconnecting equipment shall have a rating suitable for the
connected load. The distribution equipment, either circuit breaker or
fused type, shall be located a minimum of 24 inches from the bottom of
such equipment to the floor level of the manufactured home.
(e) A distribution panelboard employing a main circuit breaker shall
be rated 50 amperes and employ a 2-pole circuit breaker rated 40 amperes
for a 40-ampere supply cord, or 50 amperes for a 50-ampere supply cord.
A distribution panelboard employing a disconnect switch and fuses shall
be rated 60 amperes and shall employ a single 2-pole, 60-ampere
fuseholder with 40- or 50-ampere main fuses for 40- or 50-ampere supply
cords, respectively. The outside of the distribution panelboard shall be
plainly marked with the fuse size.
(f) The distribution panelboard shall not be located in a bathroom,
or in any other inaccessible location, but shall be permitted just
inside a closet entry if the location is such that a clear space of 6
inches to easily ignitable materials is maintained in front of the
distribution panelboard, and the distribution panelboard door can be
extended to its full open position (at least 90 degrees). A clear
working space at least 30 inches wide and 30 inches in front of the
distribution panelboard shall be provided. This space shall extend from
floor to the top of the distribution panelboard.
[[Page 188]]
(g) Branch-circuit distribution equipment shall be installed in each
manufactured home and shall include overcurrent protection for each
branch circuit consisting of either circuit breakers or fuses.
(1) The branch circuit overcurrent devices shall be rated:
(i) Not more than the circuit conductors; and
(ii) Not more than 150 percent of the rating of a single appliance
rated 13.3 amperes or more which is supplied by an individual branch
circuit; but
(iii) Not more than the fuse size marked on the air conditioner or
other motor-operated appliance.
(h) A 15-ampere multiple receptacle shall be acceptable when
connected to a 20-ampere laundry circuit.
(i) When circuit breakers are provided for branch-circuit protection
240 circuits shall be protected by 2-pole common or companion trip, or
handle-tied paired circuit breakers.
(j) A 3 inch by 1-3/4 inch minimum size tag made of etched, metal-
stamped or embossed brass, stainless steel, anodized or alclad aluminum
not less than 0.020 inch thick, or other approval material (e.g., 0.005
inch plastic laminates) shall be permanently affixed on the outside
adjacent to the feeder assembly entrance and shall read: This connection
for 120/240 Volt, 3-Pole, 4-Wire, 60 Hertz, ________ Ampere Supply. The
correct ampere rating shall be marked on the blank space.
(k) When a home is provided with installed service equipment, a
single disconnecting means for disconnecting the branch circuit
conductors from the service entrance conductors shall be provided in
accordance with Part F of Article 230 of the National Electrical Code,
NFPA No. 70-1993. The disconnecting means shall be listed for use as
service equipment. The disconnecting means may be combined with the
disconnect required by Sec. 3280.804(c). The disconnecting means shall
be rated not more than the ampere supply or service capacity indicated
on the tag required by paragraph (l) of this section.
(l) When a home is provided with installed service equipment, the
electrical nameplate required by Sec. 3280.804(j) shall read: ``This
connection for 120/240 volt, 3 pole, 3 wire, 60 Hertz, ________ Ampere
Supply.'' The correct ampere rating shall be marked in the blank space.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977.
Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4589,
Feb. 12, 1987; 58 FR 55019, Oct. 25, 1993]
Sec. 3280.805 Branch circuits required.
(a) The number of branch circuits required shall be determined in
accordance with the following:
(1) Lighting, based on 3 volt-amperes per square foot times outside
dimensions of the manufactured home (coupler excluded) divided by 120
volts times amperes to determine number of 15 or 20 ampere lighting area
circuits. e.g. [3 x length x width--[120 x (15 or 20)] = number of
15 or 20 ampere circuits.
(2) Small appliances. For the small appliance load in kitchen,
pantry dining room and breakfast rooms of manufactured homes, two or
more 20-ampere appliance branch circuits, in addition to the branch
circuit specified in Sec. 3280.805(a)(1), shall be provided for all
receptacle outlets in these rooms, and such circuits shall have no other
outlets. Receptacle outlets supplied by at least two appliance
receptacle branch circuits shall be installed in the kitchen.
(3) General appliances (Including furnace, water heater, range, and
central or room air conditioner, etc.). There shall be one or more
circuits of adequate rating in accordance with the following:
(i) Ampere rating of fixed appliances not over 50 percent of circuit
rating if lighting outlets (receptacles, other than kitchen, dining
area, and laundry, considered as lighting outlets) are on same circuit;
(ii) For fixed appliances on a circuit without lighting outlets, the
sum of rated amperes shall not exceed the branch-circuit rating. Motor
loads or other continuous duty loads shall not exceed 80 percent of the
branch circuit rating.
(iii) The rating of a single cord and plug connected appliances on a
circuit having no other outlets, shall not exceed 80 percent of the
circuit rating.
(iv) The rating of range branch circuit shall be based on the range
demand as specified or ranges in
[[Page 189]]
Sec. 3280.811, Item B(5) of Method 1. For central air conditioning, see
Article 440 of the National Electrical Code (NFPA No. 70-1993).
(v) Where a laundry area is provided, a 20 ampere branch circuit
shall be provided to supply laundry receptacle outlets. This circuit
shall have no other outlets. See Sec. 3280.806(a)(7).
(b) [Reserved]
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55020, Oct. 25, 1993]
Sec. 3280.806 Receptacle outlets.
(a) All receptacle outlets shall be:
(1) Of grounding type;
(2) Installed according to section 210-7 of the National Electrical
Code (NFPA No. 70-1993).
(3) Except when supplying specific appliances, be parallel-blade,
15-ampere, 125-volt, either single or duplex.
(b) All 120 volt single phase, 15 and 20 ampere receptacle outlets,
including receptacles in light fixtures, installed outdoors, in
compartments accessible from the outdoors, in bathrooms, and within 6
feet of a kitchen sink to serve counter top surfaces shall have ground-
fault circuit protection for personnel. Feeders supplying branch
circuits may be protected by a ground-fault circuit-interrupter in lieu
of the provision for such interrupters specified above. Receptacles
dedicated for washer and dryers, also located in a bathroom, are exempt
from this requirement.
(c) There shall be an outlet of the grounding type for each cord-
connected fixed appliance installed.
(d) Receptacle outlets required. Except in the bath and hall areas,
receptacle outlets shall be installed at wall spaces 2 feet wide or
more, so that no point along the floor line is more than 6 feet,
measured horizontally, from an outlet in that space. In addition, a
receptacle outlet shall be installed:
(1) Over or adjacent to counter tops in the kitchen (at least one on
each side of the sink if counter tops are on each side and 12 inches or
over in width).
(2) Adjacent to the refrigerator and free-standing gas-range space.
A duplex receptacle may serve as the outlet for a countertop and a
refrigerator.
(3) At counter top spaces for built-in vanities.
(4) At counter top spaces under wall-mounted cabinets.
(5) In the wall, at the nearest point where a bar type counter
attaches to the wall.
(6) In the wall at the nearest point where a fixed room divider
attaches to the wall.
(7) In laundry areas within 6 feet of the intended location of the
appliance(s).
(8) At least one receptacle outlet shall be installed outdoors.
(9) Adjacent to bathroom basins or integral with the light fixture
over the bathroom basin.
(10) Receptacle outlets are not required in the following locations:
(i) Wall space occupied by built-in kitchen or wardrobe cabinets,
(ii) Wall space behind doors which may be opened fully against a
wall surface,
(iii) Room dividers of the lattice type, less than 8 feet long, not
solid within 6 inches of the floor,
(iv) Wall space afforded by bar type counters.
(e) Receptacle outlets shall not be installed in or within reach (30
inches) of a shower or bathtub space.
(f) Receptacle outlets shall not be installed above electric
baseboard heaters.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55020, Oct. 25, 1993]
Sec. 3280.807 Fixtures and appliances.
(a) Electrical materials, devices, appliances, fittings, and other
equipment installed, intended for use in, or attached to the
manufactured home shall be approved for the application and shall be
connected in an approved manner when in service. Facilities shall be
provided to securely fasten appliances when the manufactured home is in
transit. (See Sec. 3280.809.)
(b) Specifically listed pendant-type fixtures or pendant cords shall
be permitted in manufactured homes.
(c) If a lighting fixture is provided over a bathtub or in a shower
stall, it shall be of the enclosed and gasketed type, listed for wet
locations. See also
[[Page 190]]
Article 410-4(d) of the National Electrical Code NFPA No. 70-1993.
(d) The switch for shower lighting fixtures and exhaust fans located
over a tub or in a shower stall shall be located outside the tub shower
space. (See Sec. 3280.806(e).)
(e) Any combustible wall or ceiling finish exposed between the edge
of a fixture canopy, or pan and an outlet box shall be covered with non-
combustible or limited combustible material.
(f) Every appliance shall be accessible for inspection, service,
repair, or replacement without removal of permanent construction.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 35543, Sept. 22, 1987; 58 FR 55020, Oct. 25, 1993]
Sec. 3280.808 Wiring methods and materials.
(a) Except as specifically limited in this part, the wiring methods
and materials specified in the National Electrical Code (NFPA No. 70-
1993) shall be used in manufactured homes.
(b) Nonmetallic outlet boxes shall be acceptable only with
nonmetallic cable.
(c) Nonmetallic cable located 15 inches or less above the floor, if
exposed, shall be protected from physical damage by covering boards,
guard strips, or conduit. Cable likely to be damaged by stowage shall be
so protected in all cases.
(d) Nonmetallic sheathed cable shall be secured by staples, straps,
or similar fittings so designed and installed as not to injure any
cable. Cable shall be secured in place at intervals not exceeding 4\1/2\
feet and within 12 inches from every cabinet, box or fitting.
(e) Metal-clad and nonmetallic cables shall be permitted to pass
through the centers of the wide side of 2-inch by 4-inch studs. However,
they shall be protected where they pass through 2-inch by 2-inch studs
or at other studs or frames where the cable or armor would be less than
1\1/2\ inches from the inside or outside surface of the studs when the
wall covering materials are in contact with the studs. Steel plates on
each side of the cable, or a tube, with not less than No. 16 MSG wall
thickness shall be required to protect the cable. These plates or tubes
shall be securely held in place.
(f) Where metallic faceplates are used they shall be effectively
grounded.
(g) If the range, clothes dryer, or similar appliance is connected
by metalclad cable or flexible conduit, a length of not less than three
feet of free cable or conduit shall be provided to permit moving the
appliance. Type NM or Type SE cable shall not be used to connect a range
or a dryer. This shall not prohibit the use of Type NM or Type SE cable
between the branch circuit overcurrent protective device and a junction
box or range or dryer receptacle.
(h) Threaded rigid metal conduit shall be provided with a locknut
inside and outside the box, and a conduit bushing shall be used on the
inside. Rigid nonmetallic conduit shall be permitted. Inside ends of the
conduit shall be reamed.
(i) Switches shall be rated as follows:
(1) For lighting circuits, switches, shall have a 10-ampere, 120-125
volt rating; or higher if needed for the connected load.
(2) For motors or other loads, switches shall have ampere or
horsepower ratings, or both, adequate for loads controlled. (An ``AC
general-use'' snap switch shall be permitted to control a motor 2
horsepower or less with full-load current not over 80 percent of the
switch ampere rating).
(j) At least 4 inches of free conductor shall be left at each outlet
box except where conductors are intended to loop without joints.
(k) When outdoor or under-chassis line-voltage wiring is exposed to
moisture or physical damage, it shall be protected by rigid metal
conduit. The conductors shall be suitable for wet locations. Electrical
metallic tubing may be used when closely routed against frames, and
equipment enclosures.
(l) The cables or conductors shall be Type NMC, TW, or equivalent.
(m) Outlet boxes of dimensions less than those required in table
370-6(a) of the National Electrical Code (NFPA No. 70-1993) shall be
permitted provided the box has been tested and approved for the purpose.
(n) Boxes, fittings, and cabinets shall be securely fastened in
place, and shall
[[Page 191]]
be supported from a structural member of the home, either directly or by
using a substantial brace. Snap-in type boxes provided with special wall
or ceiling brackets that securely fasten boxes in walls or ceilings
shall be permitted.
(o) Outlet boxes shall fit closely to openings in combustible walls
and ceilings, and they shall be flush with such surfaces.
(p) Appliances having branch-circuit terminal connections which
operate at temperatures higher than 60 deg. C (140 deg. F) shall have
circuit conductors as described in paragraphs (p) (1) and (2) of this
section:
(1) Branch-circuit conductors having an insulation suitable for the
temperature encountered shall be permitted to run directly to the
appliance.
(2) Conductors having an insulation suitable for the temperature
encountered shall be run from the appliance terminal connections to a
readily accessible outlet box placed at least one foot from the
appliance. These conductors shall be in a suitable raceway which shall
extend for at least 4 feet.
(q) A substantial brace for securing a box, fitting or cabinet shall
be as described in the National Electrical Code, NFPA 70-1993 Article
370-13(d), or the brace, including the fastening mechanism to attach the
brace to the home structure, shall withstand a force of 50 lbs. applied
to the brace at the intended point(s) of attachment for the box in a
direction perpendicular to the surface in which the box is installed.
(r) Outlet boxes shall fit closely to the openings in combustible
wall and ceilings with a maximum of a \1/8\ inch gap. They shall be
flush with the finish surface or project therefrom.
(s) Where the sheathing of NM cable has been cut or damaged and
visual inspection reveals that the conductor and its insulation has not
been damaged, it shall be permitted to repair the cable sheath with
electrical tape which provides equivalent protection to the sheath.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55020, Oct. 25, 1993]
Sec. 3280.809 Grounding.
(a) General. Grounding of both electrical and nonelectrical metal
parts in a manufactured home shall be through connection to a grounding
bus in the manufactured home distribution panelboard. The grounding bus
shall be grounded through the green-colored conductor in the supply cord
or the feeder wiring to the service ground in the service-entrance
equipment located adjacent to the manufactured home location. Neither
the frame of the manufactured home nor the frame of any appliance shall
be connected to the neutral conductor in the manufactured home.
(b) Insulated neutral. (1) The grounded circuit conductor (neutral)
shall be insulated from the grounding conductors and from equipment
enclosures and other grounded parts. The grounded (neutral) circuit
terminals in the distribution panelboard and in ranges, clothes dryers,
counter-mounted cooking units, and wall-mounted ovens shall be insulated
from the equipment enclosure. Bonding screws, straps, or buses in the
distribution panelboard or in appliances shall be removed and discarded.
However, when service equipment is installed on the manufactured home,
the neutral and the ground bus may be connected in the distribution
panel.
(2) Connection of ranges and clothes dryers with 120/240 volt, 3-
wire ratings shall be made with 4 conductor cord and 3 pole, 4-wire
grounding type plugs, or by type AC metal clad conductors enclosed in
flexible metal conduit. For 120 volt rated devices a 3-conductor cord
and a 2-pole, 3-wire grounding type plug shall be permitted.
(c) Equipment grounding means. (1) The green-colored grounding wire
in the supply cord or permanent feeder wiring shall be connected to the
grounding bus in the distribution panelboard or disconnecting means.
(2) In the electrical system, all exposed metal parts, enclosures,
frames, lamp fixture canopies, etc., shall be effectively bonded to the
grounding terminal or enclosure of the distribution panelboard.
(3) Cord-connected appliances, such as washing machines, clothes
dryers, refrigerators, and the electrical system of gas ranges, etc.,
shall be grounded by means of an approved cord with
[[Page 192]]
grounding conductor and grounding-type attachment plug.
(d) Bonding of noncurrent-carrying metal parts. (1) All exposed
noncurrent-carrying metal parts that may become energized shall be
effectively bonded to the grounding terminal or enclosure of the
distribution panelboard. A bonding conductor shall be connected between
each distribution panelboard and an accessible terminal on the chassis.
(2) Grounding terminals shall be of the solderless type and approved
as pressure-terminal connectors recognized for the wire size used. Star
washers or other approved paint-penetrating fitting shall be used to
bond terminals to chassis or other coated areas. The bonding conductor
shall be solid or stranded, insulated or bare and shall be No. 8 copper
minimum, or equal. The bonding conductor shall be routed so as not to be
exposed to physical damage. Protection can be afforded by the
configuration of the chassis.
(3) Metallic gas, water and waste pipes and metallic air-circulating
ducts shall be considered bonded if they are connected to the terminal
on the chassis (see Sec. 3280.809) by clamps, solderless connectors, or
by suitable grounding-type straps.
(4) Any metallic roof and exterior covering shall be considered
bonded if (i) the metal panels overlap one another and are securely
attached to the wood or metal frame parts by metallic fasteners, and
(ii) if the lower panel of the metallic exterior covering is secured by
metallic fasteners at a cross member of the chassis by two metal straps
per manufactured home unit or section at opposite ends. The bonding
strap material shall be a minimum of 4 inches in width of material
equivalent to the skin or a material of equal or better electrical
conductivity. The straps shall be fastened with paint-penetrating
fittings (such as screws and star washers or equivalent).
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55020, Oct. 25, 1993]
Sec. 3280.810 Electrical testing.
(a) Dielectric strength test. The wiring of each manufactured home
shall be subjected to a 1-minute, 900 to 1079 volt dielectric strength
test (with all switches closed) between live parts and the manufactured
home ground, and neutral and the manufactured home ground.
Alternatively, the test may be performed at 1080 to 1250 volts for 1
second. This test shall be performed after branch circuits are complete
and after fixtures or appliances are installed. Fixtures or appliances
which are listed shall not be required to withstand the dielectric
strength test.
(b) Each manufactured home shall be subject to:
(1) A continuity test to assure that metallic parts are properly
bonded;
(2) Operational test to demonstrate that all equipment, except water
heaters, electric furnaces, dishwashers, clothes washers/dryers, and
portable appliances, is connected and in working order; and
(3) Polarity checks to determine that connections have been properly
made. Visual verification shall be an acceptable check.
[58 FR 55020, Oct. 25, 1993]
Sec. 3280.811 Calculations.
(a) The following method shall be employed in computing the supply
cord and distribution-panelboard load for each feeder assembly for each
manufactured home and shall be based on a 3-wire, 120/240 volt supply
with 120 volt loads balanced between the two legs of the 3-wire system.
The total load for determining power supply by this method is the
summation of:
(1) Lighting and small appliance load as calculated below:
(i) Lighting volt-amperes: Length time width of manufactured home
(outside dimensions exclusive of coupler) times 3 volt-amperes per
square foot; e.g. Length x width x 3=lighting volt-amperes.
(ii) Small appliance volt-amperes: Number of circuits time 1,500
volt-amperes for each 20-ampere appliance receptacle circuit (see
definition of ``Appliance Portable'' with Note): e.g. Number of circuits
x 1,500=small appliance volt-amperes.
(iii) Total volts-amperes: Lighting volts-amperes plus small
appliance=total volt-amperes.
(iv) First 3,000 total volts-amperes at 100 percent plus remainder
at 35 percent=watts to be divided by 240
[[Page 193]]
volts to obtain current (amperes) per leg.
(2) Nameplate amperes for motors and heater loads (exhaust fans, air
conditioners, electric, gas, or oil heating). Omit smaller of air
conditioning and heating except include blower motor if used as air
conditioner evaporator motor. When an air conditioner is not installed
and a 40-ampere power supply cord is provided, allow 15 amperes per leg
for air conditioning.
(3) 25 percent of current of largest motor in paragraph (a)(2) of
this section.
(4) Total of nameplate amperes for: Disposal, dishwasher, water
heater, clothes dryer, wall-mounted oven, cooking units. Where number of
these appliances exceeds three, use 75 percent of total.
(5) Derive amperes for free-standing range (as distinguished from
separate ovens and cooking units) by dividing values below by 240 volts.
------------------------------------------------------------------------
Nameplate rating (in watts) Use (in watts)
------------------------------------------------------------------------
10,000 or less............................ 80 percent of rating.
10,001 to 12,500.......................... 8,000.
12,501 to 13,500.......................... 8,400.
13,501 to 14,500.......................... 8,800.
14,501 to 15,500.......................... 9,200.
15,501 to 16,500.......................... 9,600.
16,501 to 17,500.......................... 10,000.
------------------------------------------------------------------------
(6) If outlets or circuits are provided for other than factory-
installed appliances, include the anticipated load. The following
example is given to illustrate the application of this Method of
Calculation:
Example A manufactured home is 70 x 10 feet and has two portable
appliance circuits, a 1000 volt-ampere 240 volt heater, a 200 volt-
ampere 120 volt exhaust fan, a 400 volts-ampere 120 volt dishwasher and
a 7000 volt-ampere electric range.
------------------------------------------------------------------------
Volt-
Lighting and small appliance load ampheres
------------------------------------------------------------------------
Lighting 70 x 10 x 3.......................................... 2,100
Small Appliance............................................... 3,000
---------
Total................................................... 5,100
1st. 3,000 Volt-Ampheres at 100%.............................. 3,000
Remainder (5,100 -3,000 =2,100, at 35%........................ 735
---------
Total................................................... 3,735
------------------------------------------------------------------------
------------------------------------------------------------------------
Amperes Amperes
per leg A per leg B
------------------------------------------------------------------------
Lighting and small Appliance...................... 15.5 15.5
Heater 240 volt................................... 4.1 4.1
Fan 120 volt...................................... 1.7 .........
Dishwasher 120 volt............................... ......... 3.3
Range............................................. 23.3 23.3
---------------------
Total....................................... 44.6 46.2
------------------------------------------------------------------------
Note: Based on the higher current calculated for either leg, use one 50-
A supply cord.
(b) The following is an optional method of calculation for lighting
and appliance loads for manufactured homes served by single 3-wire 120/
240 volt set of feeder conductors with an ampacity of 100 or greater.
The total load for determining the feeder ampacity may be computed in
accordance with the following table instead of the method previously
specified. Feeder conductors whose demand load is determined by this
optional calculation shall be permitted to have the neutral load
determined by section 220-22 of the National Electrical Code (NFPA No.
70-1993). The loads identified in the table as ``other load'' and as
``Remainder of other load'' shall include the following:
(1) 1500 volt-amperes for each 2-wire, 20-ampere small appliance
branch circuit and each laundry branch circuit specified.
(2) 3 volt-amperes per square foot for general lighting and general-
use receptacles.
(3) The nameplate rating of all fixed appliances, ranges, wall-
mounted ovens, counter-mounted cooking units, and including 4 or more
separately controlled space heating loads.
(4) The nameplate ampere or kVA rating of all motors and of all low-
power-factor loads.
(5) The largest of the following:
(i) Air conditioning load;
(ii) The 65 percent diversified demand of the central electric space
heating load;
(iii) The 65 percent diversified demand of the load of less than
four separately-controlled electric space heating units.
(iv) The connected load of four or more separately-controlled
electric space heating units.
[[Page 194]]
Optional Calculation for Manufactured Homes With 110-Ampere or Larger
Service
------------------------------------------------------------------------
Demand
Load (in kilowatt or kilovoltampere) factor
(percent)
------------------------------------------------------------------------
Air-conditioning and cooling including heat pump compressors 100
Central electric space heating.............................. 65
Less than 4 separately controlled electric space heating 65
units......................................................
1st 10 kW of all other load................................. 100
Remainder of other load..................................... 40
------------------------------------------------------------------------
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55021, Oct. 25, 1993]
Sec. 3280.812 Wiring of expandable units and dual units.
(a) Expandable or multiple unit manufactured homes shall use fixed-
type wiring methods and materials for connecting such units to each
other.
(b) Expandable or multiple unit manufactured homes not having
permanently installed feeders and which are to be moved from one
location to another, shall be permitted to have disconnecting means with
branch circuit protective equipment in each unit when so located that
after assembly or joining together of units the requirements of
Sec. 3280.803 will be met.
Sec. 3280.813 Outdoor outlets, fixtures, air-conditioning equipment, etc.
(a) Outdoor fixtures and equipment shall be listed for use in wet
locations, except that if located on the underside of the home or
located under roof extensions or similarly protected locations, they may
be listed for use in damp locations.
(b) A manufactured home provided with an outlet designed to energize
heating and/or air conditioning equipment located outside the
manufactured home, shall have permanently affixed, adjacent to the
outlet, a metal tag which reads:
This Connection Is for Air Conditioning Equipment Rated at Not More
Than ------ Amperes, at ------ Volts, 60 Hertz. A disconnect shall be
located within sight of the appliance.
The correct voltage and ampere ratings shall be given. The tag shall not
be less than 0.020 inch, etched Brass, stainless steel, anodized or
alclad aluminum or equivalent or other approved material (e.g., .005
inch plastic laminates). The tag shall be not less than 3 inches by 1\3/
4\ inches minimum size.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977.
Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55021,
Oct. 25, 1993]
Sec. 3280.814 Painting of wiring.
During painting or staining of the manufactured home, it shall be
permitted to paint metal raceways (except where grounding continuity
would be reduced) or the sheath of the nonmetallic cable. Some
arrangement, however, shall be made so that no paint shall be applied to
the individual wires, as the color coding may be obliterated by the
paint.
Sec. 3280.815 Polarization.
(a) The identified (white) conductor shall be employed for grounding
circuit conductors only and shall be connected to the identified (white)
terminal or lead on receptacle outlets and fixtures. It shall be the
unswitched wire in switched circuits, except that a cable containing an
identified conductor (white) shall be permitted for single-pole three-
way or four-way switch loops where the connections are made so that the
unidentified conductor is the return conductor from the switch to the
outlet. Painting of the terminal end of the wire shall not be required.
(b) If the identified (white) conductor of a cable is used for other
than grounded conductors or for other than switch loops as explained
above (for a 240 volt circuit for example), the conductor shall be
finished in a color other than white at each outlet where the conductors
are visible and accessible.
(c) Green-colored wires or green with yellow stripe shall be used
for grounding conductors only.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55021, Oct. 25, 1993]
Sec. 3280.816 Examination of equipment for safety.
The examination or inspection of equipment for safety, according to
this standard, shall be conducted under uniform conditions and by
organizations
[[Page 195]]
properly equipped and qualified for experimental testing, inspections of
the run of goods at factories, and service-value determinations through
field examinations.
Subpart J--Transportation
Sec. 3280.901 Scope.
Subpart J of this standard covers the general requirement for
designing the structure of the manufactured home to fully withstand the
adverse effects of transportation shock and vibration without
degradation of the integrated structure or of its component parts and
the specific requirements pertaining to the transportation system and
its relationship to the structure.
Sec. 3280.902 Definitions.
(a) Chassis means the entire transportation system comprising the
following subsystems: drawbar and coupling mechanism, frame, running
gear assembly, and lights.
(b) Drawbar and coupling mechanism means the rigid assembly,
(usually an A frame) upon which is mounted a coupling mechanism, which
connects the manufactured home's frame to the towing vehicle.
(c) Frame means the fabricated rigid substructure which provides
considerable support to the affixed manufactured home structure both
during transport and on-site; and also provides a platform for
securement of the running gear assembly, the drawbar and coupling
mechanism.
(d) Running gear assembly means the subsystem consisting of
suspension springs, axles, bearings, wheels, hubs, tires, and brakes,
with their related hardware.
(e) Lights means those safety lights and associated wiring required
by applicable U.S. Department of Transportation regulations.
(f) Transportation system, (Same as chassis, above).
(g) Highway, includes all roads and streets to be legally used in
transporting the manufactured home.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 47 FR 28093, June 29, 1982]
Sec. 3280.903 General requirements for designing the structure to withstand transportation shock and vibration.
(a) The cumulative effect of highway transportation shock and
vibration upon a manufactured home structure may result in incremental
degradation of its designed performance in terms of providing a safe,
healthy and durable dwelling. Therefore, the manufactured home shall be
designed, in terms of its structural, plumbing, mechanical and
electrical systems, to fully withstand such transportation forces during
its intended life. (See Secs. 3280.303(c) and 3280.305(a)).
(b) Particular attention shall be given to maintaining watertight
integrity and conserving energy by assuring that structural components
in the roof and walls (and their interfaces with vents, windows, doors,
etc.) are capable of resisting highway shock and vibration forces during
primary and subsequent secondary transportation moves.
(c) In place of an engineering analysis, either of the following may
be accepted:
(1) Documented technical data of suitable highway tests which were
conducted to simulate transportation loads and conditions; or
(2) Acceptable documented evidence of actual transportation
experience which meets the intent of this subpart.
Sec. 3280.904 Specific requirements for designing the transportation system.
(a) General. The entire system (frame, drawbar and coupling
mechanism, running gear assembly, and lights) shall be designed and
constructed as an integrated, balanced and durable unit which is safe
and suitable for its specified use during the intended life of the
manufactured home. In operation, the transportation system (supporting
the manufactured home structure and its contents) shall effectively
respond to the control of the braking, while traveling at applicable
towing vehicle in terms of tracking and highway speeds and in normal
highway traffic conditions.
Note: While the majority of manufactured homes utilize a fabricated
steel frame assembly, upon which the manufactured home structure is
constructed, it is not the intent
[[Page 196]]
of this standard to limit innovation. Therefore, other concepts, such as
integrating the frame function into the manufactured home structure, are
acceptable provided that such design meets the intent and requirements
of this part).
(b) Specific requirements--(1) Drawbar. The drawbar shall be
constructed of sufficient strength, rigidity and durability to safely
withstand those dynamic forces experienced during highway
transportation. It shall be securely fastened to the manufactured home
frame by either a continuous weld or by bolting.
(2) Coupling mechanism. The coupling mechanism (which is usually of
the socket type) shall be securely fastened to the drawbar in such a
manner as to assure safe and effective transfer of the maximum loads,
including dynamic loads, between the manufactured home structure and the
hitch-assembly of the towing vehicle. The coupling shall be equipped
with a manually operated mechanism so adapted as to prevent
disengagement of the unit while in operation. The coupling shall be so
designed that it can be disconnected regardless of the angle of the
manufactured home to the towing vehicle. With the manufactured home
parked on level ground, the center of the socket of the coupler shall
not be less than 20 inches nor more than 26 inches from ground level.
(3) Chassis. The chassis, in conjunction with the manufactured home
structure, shall be designed and constructed to effectively sustain the
designed loads consisting of the dead load plus a minimum of 3 pounds
per square foot floor load, (example: free-standing range, refrigerator,
and loose furniture) and the superimposed dynamic load resulting from
highway movement but shall not be required to exceed twice the dead
load. The integrated design shall be capable of insuring rigidity and
structural integrity of the complete manufactured home structure and to
insure against deformation of structural or finish members during the
intended life of the home.
(4) Running gear assembly. (i) The running gear assembly, as part of
the chassis, shall be designed to perform, as a balanced system, in
order to effectively sustain the designed loads set forth in
Sec. 3280.904(b)(3) and to provide for durable dependable safe mobility
of the manufactured home. It shall be designed to accept shock and
vibration, both from the highway and the towing vehicle and effectively
dampen these forces so as to protect the manufactured home structure
from damage and fatigue. Its components shall be designed to facilitate
routine maintenance, inspection and replacement.
(ii) Location of the running gear assembly shall be determined by
documented engineering analysis, taking into account the gross weight
(including all contents), total length of the manufactured home, the
necessary coupling hitch weight, span distance, and turning radius. The
coupling weight shall be not less than 12 percent nor more than 25
percent of the gross weight.
(5) Spring assemblies. Spring assemblies (springs, hangers,
shackles, bushings and mounting bolts) shall be capable of withstanding
all the design loads as outlined in Sec. 3280.904(b)(3) without
exceeding maximum allowable stresses for design spring assembly life as
recommended by the spring assembly manufacturer. The capacity of the
spring system shall assure, that under maximum operating load
conditions, sufficient clearance shall be maintained between the tire
and manufactured home frame or structure to permit unimpeded wheel
movement and for changing tires.
(6) Axles. Axles, and their connecting hardware, shall be capable of
withstanding all of the design loads outlined in Sec. 3280.904(b)(3)
without exceeding maximum allowable stresses for design axle life as
recommended by the axle manufacturer. The number of axles required to
provide a safe tow and good ride characteristics shall be determined and
documented by engineering analysis. Those alternatives listed in
Sec. 3280.903(c) may be accepted in place of such an analysis.
(7) Hubs and bearings. Hubs and bearings shall meet the requirements
of Sec. 3280.904(b)(3) and good engineering practice. Both of these
components shall be accessible for inspection, routine maintenance and
replacement of parts.
[[Page 197]]
(8) Tires, wheels and rims. Tires, wheels and rims shall meet the
requirements of Sec. 3280.904(b)(3). Tires shall be selected for
anticipated usage.
(9) Brake assemblies. (i) The number, type, size and design of brake
assemblies required to assist the towing vehicle in providing effective
control and stopping of the manufactured home shall be determined and
documented by engineering analysis. Those alternatives listed in
Sec. 3280.903(c) may be accepted in place of such an analysis.
(ii) Brakes on the towing vehicle and the manufactured home shall be
capable of assuring that the maximum stopping distance from an initial
velocity of 20 miles per hour does not exceed 40 feet (U.S. Department
of Transportation Regulations).
(10) Lights and associated wiring. Highway safety electrical lights
and associated wiring shall conform to applicable Federal requirements
in terms of location and performance. The manufacturer shall have the
option of meeting this requirement by utilizing a temporary light/wiring
harness provided by the manufactured home transportation carrier.
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS--Table of Contents
Subpart A--General
Sec.
3282.1 Scope and purpose.
3282.6 Separability of provisions.
3282.7 Definitions.
3282.8 Applicability.
3282.9 Computation of time.
3282.10 Civil and criminal penalties.
3282.11 Preemption and reciprocity.
3282.12 Excluded structures--modular homes.
3282.13 Voluntary certification.
3282.14 Alternative construction of manufactured homes.
Subpart B--Formal Procedures
3282.51 Scope.
3282.52 Address of communications.
3282.53 Service of process on foreign manufacturers and importers.
3282.54 Public information.
Subpart C--Rules and Rulemaking Procedures
3282.101 Generally.
3282.111 Petitions for reconsideration of final rules.
3282.113 Interpretative bulletins.
Subpart D--Informal and Formal Presentations of Views, Hearings and
Investigations
3282.151 Applicability and scope.
3282.152 Procedures to present views and evidence.
3282.153 Public participation in formal or informal presentation of
views.
3282.154 Petitions for formal or informal presentations of views, and
requests for extraordinary interim relief.
3282.155 Investigations.
3282.156 Petitions for investigations.
Subpart E--Manufacturer Inspection and Certification Requirements
3282.201 Scope and purpose.
3282.202 Primary inspection agency contracts.
3282.203 DAPIA services.
3282.204 IPIA services.
3282.205 Certification requirements.
3282.206 Disagreement with IPIA or DAPIA.
3282.207 Manufactured home consumer manual requirements.
3282.208 Remedial actions--general description.
3282.209 Report requirements.
3282.210 Payment of monitoring fee.
3282.211 Record of purchasers.
Subpart F--Dealer and Distributor Responsibilities
3282.251 Scope and purpose.
3282.252 Prohibition of sale.
3282.253 Removal of prohibition of sale.
3282.254 Distributor and dealer alterations.
3282.255 Completion of information card.
3282.256 Distributor or dealer complaint handling.
Subpart G--State Administrative Agencies
3282.301 General--scope.
3282.302 State plan.
3282.303 State plan--suggested provisions.
3282.304 Inadequate State plan.
3282.305 State plan approval.
3282.306 Withdrawal of State approval.
3282.307 Monitoring inspection fee establishment and distribution.
3282.308 State participation in monitoring of primary inspection
agencies.
3282.309 Formal and informal presentations of views held by SAAs.
[[Page 198]]
Subpart H--Primary Inspection Agencies
3282.351 General.
3282.352 State exclusive IPIA functions.
3282.353 Submission format.
3282.354 Submittal of false information or refusal to submit
information.
3282.355 Submission acceptance.
3282.356 Disqualification and requalification of primary inspection
agencies.
3282.357 Background and experience.
3282.358 Personnel.
3282.359 Conflict of interest.
3282.360 PIA acceptance of product certification programs or listings.
3282.361 Design Approval Primary Inspection Agency (DAPIA).
3282.362 Production Inspection Primary Inspection Agencies (IPIAs).
3282.363 Right of entry and inspection.
3282.364 Inspection responsibilities and coordination.
3282.365 Forwarding monitoring fee.
3282.366 Notification and correction campaign responsibilities.
Subpart I--Consumer Complaint Handling and Remedial Actions
3282.401 Purpose and scope.
3282.402 General principles.
3282.403 Consumer complaint and information referral.
3282.404 Notification pursuant to manufacturer's determination.
3282.405 SAA responsibilities.
3282.406 Required manufacturer correction.
3282.407 Notification and correction pursuant to administrative
determination.
3282.408 Reimbursement for prior correction by owner.
3282.409 Manufacturer's plan for notification and correction.
3282.410 Contents of notice.
3282.411 Time for implementation.
3282.412 Completion of remedial actions and report.
3282.413 Replacement or repurchase of manufactured home from purchaser.
3282.414 Manufactured homes in the hands of dealers and distributors.
3282.415 Notices, bulletins and other communications.
3282.416 Supervision of notification and correction actions.
Subpart J--Monitoring of Primary Inspection Agencies
3282.451 General.
3282.452 Participation in monitoring.
3282.453 Frequency and extent of monitoring.
Subpart K--Departmental Oversight
3282.501 General.
3282.502 Departmental implementation.
3282.503 Determinations and hearings.
Subpart L--Manufacturer, IPIA and SAA Reports
3282.551 Scope and purpose.
3282.552 Manufacturer reports for joint monitoring fees.
3282.553 IPIA reports.
3282.554 SAA reports.
Authority: 28 U.S.C. 2461 note; 42 U.S.C. 5424; and 42 U.S.C.
3535(d).
Source: 41 FR 19852, May 13, 1976, unless otherwise noted.
Subpart A--General
Sec. 3282.1 Scope and purpose.
(a) The National Manufactured Housing Construction and Safety
Standards Act of 1974 (title VI of Pub. L. 93-383, 88 Stat. 700, 42
U.S.C. 5401, et seq.) (hereinafter referred to as the Act), requires the
Secretary of the Department of Housing and Urban Development to
establish Federal manufactured home construction and safety standards
and to issue regulations to carry out the purpose of the Act. The
standards promulgated pursuant to the Act appear at part 3280 of chapter
XX of this title, and apply to all manufactured homes manufactured for
sale to purchasers in the United States on or after the effective date
of the standards (June 15, 1976). A manufactured home is manufactured on
or after June 15, 1976, if it enters the first stage of production on or
after that date.
(b) The Secretary is also authorized by the Act to conduct
inspections and investigations necessary to enforce the standards, to
determine that a manufactured home fails to comply with an applicable
standard or contains a defect or an imminent safety hazard, and to
direct the manufacturer to furnish notification thereof, and in some
cases, to remedy the defect or imminent safety hazard. The purpose of
this part is to prescribe procedures for the implementation of these
responsibilities of the Secretary under the Act through the use of
private and State inspection organizations and cooperation with State
manufactured home agencies. It is the policy of the Department to
involve State agencies in the enforcement of the Federal manufactured
[[Page 199]]
home standards to the maximum extent possible consistent with the
capabilities of such agencies and the public interest. The procedures
for investigations and investigational proceedings are set forth in 24
CFR part 3800.
[41 FR 19852, May 13, 1976, as amended at 61 FR 10442, Mar. 13, 1996]
Sec. 3282.6 Separability of provisions.
If any clause, sentence, paragraph, section or other portion of part
3282 shall, for any reason, be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined by its operation
to the clause, sentence, paragraph, or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
Sec. 3282.7 Definitions.
The terms Department, HUD, and Secretary are defined in 24 CFR part
5.
(a) Act means the National Manufactured Housing Construction and
Safety Standards Act of 1974, title VI of the Housing and Community
Development Act of 1974 (42 U.S.C. 5401 et seq.)
(b) Add-on means any structure (except a structure designed or
produced as an integral part of a manufactured home) which, when
attached to the basic manufactured home unit, increases the area, either
living or storage, of the manufactured home.
(c) Alteration means the replacement, addition, and modification, or
removal of any equipment or installation after sale by a manufacturer to
a dealer or distributor but prior to sale by a dealer to a purchaser
which may affect the construction, fire safety, occupancy, plumbing,
heat-producing or electrical system. It includes any modification made
in the manufactured home which may affect the compliance of the home
with the standards, but it does not include the repair or replacement of
a component or appliance requiring plug-in to an electrical receptacle
where the replaced item is of the same configuration and rating as the
one being replaced. It also does not include the addition of an
appliance requiring plug-in to an electrical receptacle, which appliance
was not provided with the manufactured home by the manufacturer, if the
rating of the appliance does not exceed the rating of the receptacle to
which it is connected.
(d) Certification label see label.
(e) Certification report means the report prepared by an IPIA (see
definition z) for each manufactured home manufacturing plant under
Sec. 3282.203 in which the IPIA provides a complete description of the
initial comprehensive inspection of the plant, an evaluation of the
quality assurance program under the approved quality assurance manual,
and the identity of the DAPIA (see definition z) which approved the
designs and quality assurance manual used in the plant. Where
appropriate under Sec. 3282.362(b)(5), the certification report may be
made by a DAPIA.
(f) Component means any part, material or appliance which is built
in as an integral part of the manufactured home during the manufacturing
process.
(g) Cost information means information submitted by a manufacturer
under section 607 of the Act with respect to alleged cost increases
resulting from action by the Secretary, in such form as to permit the
public and the Secretary to make an informed judgment on the validity of
the manufacturer's statements. Such term includes both the
manufacturer's cost and the cost to retail purchasers.
(h) Date of manufacture means the date on which the label required
by Sec. 3282.205(c) is affixed to the manufactured home.
(i) Dealer means any person engaged in the sale, leasing, or
distribution of new manufactured homes primarily to persons who in good
faith purchase or lease a manufactured home for purposes other than
resale.
(j) Defect means a failure to comply with an applicable Federal
manufactured home safety and construction standard that renders the
manufactured home or any part or component thereof not fit for the
ordinary use for which it was intended, but does not result in an
unreasonable risk of injury or death to occupants of the affected
manufactured home. See related definitions of imminent safety hazard
(definition q), noncompliance (definition x), and serious defect
(definition ff).
[[Page 200]]
(k) Design means drawings, specifications, sketches and the related
engineering calculations, tests and data in support of the
configurations, structures and systems to be incorporated in
manufactured homes manufactured in a plant.
(l) Director means the Director of the Manufactured Housing
Standards Division.
(m) Distributor means any person engaged in the sale and
distribution of manufactured homes for resale.
(n) Failure to conform means an imminent safety hazard related to
the standards, a serious defect, defect, or noncompliance and is used as
a substitute for all of those terms.
(o) [Reserved]
(p) Imminent safety hazard means a hazard that presents an imminent
and unreasonable risk of death or severe personal injury that may or may
not be related to failure to comply with an applicable Federal
manufactured home construction or safety standard. See related
definitions of defect (definition j), noncompliance (paragraph x) and
serious defect (paragraph ff).
(q) Joint monitoring team means a monitoring inspection team
composed of personnel provided by the various State Administrative
Agencies, or by HUD or its contract agent, operating under a contract
with HUD for the purpose of monitoring, or otherwise aiding in the
enforcement of the Federal standards.
(r) Label or certification label means the approved form of
certification by the manufacturer that, under Sec. 3282.362(c)(2)(i), is
permanently affixed to each transportable section of each manufactured
home manufactured for sale to a purchaser in the United States.
(s) (Same as Sec. 3280.2(a)(13).)
(t) Manufacturer means any person engaged in manufacturing or
assembling manufactured homes, including any person engaged in importing
manufactured homes for resale.
(u) (Same as Sec. 3280.2(a)(16).)
(v) Manufactured home construction means all activities relating to
the assembly and manufacture of a manufactured home including but not
limited to those relating to durability, quality, and safety.
(w) Manufactured home safety means the performance of a manufactured
home in such a manner that the public is protected against any
unreasonable risk of the occurrence of accidents due to the design or
construction of such manufactured home, or any unreasonable risk of
death or injury to the user or to the public if such accidents do occur.
(x) Noncompliance means a failure of a manufactured home to comply
with a Federal manufactured home construction or safety standard that
does not constitute a defect, serious defect, or imminent safety hazard.
See related definitions or defect (definition j), imminent safety hazard
(definition q), and serious defect (definition ff).
(y) Owner means any person purchasing a manufactured home from any
other person after the first purchase of the manufactured home, in good
faith, for purposes other than resale.
(z) Primary Inspection Agency (PIA) means a State/or private
organization that has been accepted by the Secretary in accordance with
the requirement of subpart H of this part. There are two types of PIA:
(1) Design Approval PIA (DAPIA), which evaluates and approves or
disapproves manufactured home designs and quality control procedures,
and
(2) Production Inspection PIA (IPIA), which evaluates the ability of
manufactured home manufacturing plants to follow approved quality
control procedures and provides ongoing surveillance of the
manufacturing process. Organizations may act as one or both of these
types.
(aa) Purchaser means the first person purchasing a manufactured home
in good faith for purposes other than resale.
(bb) Quality Assurance Manual means a manual, prepared by each
manufacturer for its manufacturing plants and approved by a DAPIA which
contains: a statement of the manufacturer's quality assurance program, a
chart of the organization showing, by position, all personnel
accountable for quality assurance, a list of tests and test equipment
required, a station-by-station description of the manufacturing process,
a list of inspections required at each station, and a list by title of
personnel
[[Page 201]]
in the manufacturer's organization to be held responsible for each
inspection. Where necessary, the quality assurance manual used in a
particular plant shall contain information specific to that plant.
(cc) To red tag means to affix a notice to a manufactured home which
has been found to contain an imminent safety hazard or a failure to
conform with any applicable standard. A red tag is the notice so affixed
to the manufactured home.
(dd) [Reserved]
(ee) Secretary's agent means a party operating as an independent
contractor under a contract with HUD.
(ff) Serious defect means any failure to comply with an applicable
Federal manufactured home construction and safety standard that renders
the manufactured home or any part thereof not fit for the ordinary use
for which it was intended and which results in an unreasonable risk of
injury or death to occupants of the affected manufactured home.
(gg) Standards means the Federal manufactured home construction and
safety standards promulgated under section 604 of the Act, 42 U.S.C.
5403, as part 3280 of these regulations.
(hh) State includes each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the
Canal Zone, and American Samoa.
(ii) State Administrative Agency (SAA) means an agency of a State
which has been approved or conditionally approved to carry out the State
plan for enforcement of the standards pursuant to section 623 of the
Act, 42 U.S.C. 5422, and subpart G of this part.
(jj) State plan application means the application of any State
organization which is submitted to the Secretary for approval as a State
Administrative Agency under subpart G.
(kk) System means a set or arrangement of materials or components
related or connected as to form an operating entity, i.e., heating,
ventilating and air-conditioning systems, evaporative coolers.
(ll) [Reserved]
(mm) United States District Courts means the Federal district courts
of the United States and the United States courts of the Commonwealth of
Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American
Samoa.
(nn) (Same as Sec. 3280.2(a)(22).)
[41 FR 19852, May 13, 1976, as amended at 41 FR 24971, June 21, 1976; 47
FR 28093, June 29, 1982; 61 FR 5216, Feb. 9, 1996; 61 FR 10859, Mar. 15,
1996]
Sec. 3282.8 Applicability.
(a) Mobile homes. This part applies to all manufactured homes that
enter the first stage of production on or after June 15, 1976, and to
all manufactured homes that enter the first stage of production before
June 15, 1976, to which labels are applied under Sec. 3282.205(d).
(b) States. This part applies to States that desire to assume
responsibility under the Federal manufactured home construction and
safety standards enforcement program. It includes requirements which
must be met in order for State agencies to be approved by the Secretary
under section 623(c) of the Act, 42 U.S.C. 5422(c). It also includes
requirements for States wishing to act as primary inspection agencies,
as defined in Sec. 3282.7, or to participate in monitoring activities
under Sec. 3282.308.
(c) Primary inspection and engineering organizations. This part
applies to each private inspection and engineering organization that
wishes to qualify as a primary inspection agency under subpart H.
(d) Manufactured home manufacturers. This part applies to all
manufacturers producing manufactured homes for sale in the United
States. It includes:
(1) Inspection procedures to be carried out in the manufacturing
plants.
(2) Procedures by which a manufacturer obtains approval of
manufactured home designs.
(3) Procedures by which a manufacturer obtains approval of
manufacturing quality control and assurance programs.
(4) Procedures by which a manufacturer may obtain production
inspections and certification labels for its manufactured homes.
(e) Manufactured home dealers and distributors. This part applies to
any person selling, leasing, or distributing new manufactured homes for
use in the United States. It includes prohibitions
[[Page 202]]
of the sale of new manufactured homes to which labels have not been
affixed pursuant to subpart H of these regulations or that have been
altered, damaged, or otherwise caused not to be in compliance with the
Federal standards.
(f) Purchasers, owners and consumers. This part applies to
purchasers, owners and consumers of manufactured homes in that it sets
out procedures to be followed when purchasers, owners and consumers
complain to manufacturers, States, the Secretary or others concerning
problems in manufactured homes for which remedies are provided under the
Act.
(g) Recreational vehicles. Recreational vehicles are not subject to
this part, part 3280, or part 3283. A recreational vehicle is a vehicle
which is:
(1) Built on a single chassis;
(2) 400 Square feet or less when measured at the largest horizontal
projections;
(3) Self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
(h) Imported manufactured homes. Imported manufactured homes are
covered by the regulations except as modified by regulations promulgated
jointly by the Secretary and the Secretary of the Treasury.
(i) Export manufactured homes. Manufactured Homes intended solely
for export are not governed by this part or by part 3280 of this title
if a label or tag stating that the manufactured home is intended solely
for export is placed on the manufactured home or the outside of the
container, if any, in which it is to be exported. However, any
manufactured home so tagged or labeled that is not exported but is sold
to a purchaser in the United States is subject to this part and part
3280 of this title.
(j) Add-on. An add-on added by the dealer or some other party not
the manufacturer (except where the manufacturer acts as a dealer) as
part of a simultaneous transaction involving the sale of a new
manufactured home, is not governed by the standards and is not subject
to these regulations. However, the addition of the add-on must not
affect the ability of the basic manufactured home to comply with the
standards. If the addition of an add-on causes the basic manufactured
home to fail to conform to the standards, sale, lease, and offer for
sale or lease of the home is prohibited until the manufactured home is
brought into conformance with the standards. While the standards do not
govern add-ons, the Secretary has the authority to promulgate standards
for add-ons and may do so in the future.
(k) A structure (including an expandable room, tip-out, or tag-along
unit) which is designed and produced as an integral part of a
manufactured home when assembled on site, is governed by the standards
and these regulations regardless of the dimensions of such structure.
(l) Multifamily homes. Mobile homes designed and manufactured with
more than one separate living unit are not covered by the standards and
these regulations.
[41 FR 19852, May 13, 1976, as amended at 41 FR 24970, June 21, 1976; 42
FR 35013, July 7, 1977; 44 FR 68733, Nov. 29, 1979; 47 FR 28093, June
29, 1982]
Sec. 3282.9 Computation of time.
(a) In computing any period of time prescribed by the regulations in
this part, refer to Sec. 26.16(a) of this title.
(b) Extensions of any of the time periods set out in these
regulations may be granted by the Secretary or, as appropriate, by a
State Administrative Agency, upon a showing of good cause by the party
governed by the time period.
[42 FR 2580, Jan. 12, 1977, as amended at 61 FR 10859, Mar. 15, 1996]
Sec. 3282.10 Civil and criminal penalties.
Failure to comply with these regulations may subject the party in
question to the civil and criminal penalties provided for in section 611
of the Act, 42 U.S.C. 5410. The maximum amount of penalties imposed
under section 611 of the Act shall be $1,100 for each violation, up to a
maximum of $1,100,000 for
[[Page 203]]
any related series of violations occurring within one year from the date
of the first violation.
[41 FR 19852, May 13, 1976, as amended at 61 FR 50219, Sept. 24, 1996]
Sec. 3282.11 Preemption and reciprocity.
(a) No State manufactured home standard regarding manufactured home
construction and safety which covers aspects of the manufactured home
governed by the Federal standards shall be established or continue in
effect with respect to manufactured homes subject to the Federal
standards and these regulations unless it is identical to the Federal
standards.
(b) No State may require, as a condition of entry into or sale in
the State, a manufactured home certified (by the application of the
label required by Sec. 3282.362(c)(2)(i)) as in conformance with the
Federal standards to be subject to State inspection to determine
compliance with any standard covering any aspect of the manufactured
home covered by the Federal standards. Nor may any State require that a
State label be placed on the manufactured home certifying conformance to
the Federal standard or an identical standard. Certain actions that
States are permitted to take are set out in Sec. 3282.303.
(c) States may participate in the enforcement of the Federal
standards enforcement program under these regulations either as SAAs or
PIAs or both. These regulations establish the exclusive system for
enforcement of the Federal standards. No State may establish or keep in
effect through a building code enforcement system or otherwise,
procedures or requirements which constitute systems for enforcement of
the Federal standards or of identical State standards which are outside
the system established in these regulations or which go beyond this
system to require remedial actions which are not required by the Act and
these regulations. A State may establish or continue in force consumer
protections, such as warranty or warranty performance requirements,
which respond to individual consumer complaints and so do not constitute
systems of enforcement of the Federal standards, regardless of whether
the State qualifies as an SAA or PIA.
(d) No State or locality may establish or enforce any rule or
regulation or take any action that stands as an obstacle to the
accomplishment and execution of the full purposes and objectives of
Congress. The test of whether a State rule or action is valid or must
give way is whether the State rule can be enforced or the action taken
without impairing the Federal superintendence of the manufactured home
industry as established by the Act.
[42 FR 2580, Jan. 12, 1977, as amended at 56 FR 65186, Dec. 16, 1991; 61
FR 10859, Mar. 15, 1996]
Sec. 3282.12 Excluded structures--modular homes.
(a) The purpose of this section is to provide the certification
procedure authorized by section 604(h) of the National Manufactured
Housing Construction and Safety Standards Act under which modular homes
may be excluded from coverage of the Act if the manufacturer of the
structure elects to have them excluded. If a manufacturer wishes to
construct a structure that is both a manufactured home and a modular
home, the manufacturer need not make the certification provided for by
this section and may meet both the Federal manufactured home
requirements and any modular housing requirements. When the
certification is not made, all provisions of the Federal requirements
shall be met.
(b) Any structure that meets the definition of manufactured home at
24 CFR 3282.7(u) is excluded from the coverage of the National
Manufactured Housing Construction and Safety Standards Act, 42 U.S.C.
5401 et seq., if the manufacturer certifies as prescribed in paragraph
(c) of this section that:
(1) The structure is designed only for erection or installation on a
site-built permanent foundation;
(i) A structure meets this criterion if all written materials and
communications relating to installation of the structure, including but
not limited to designs, drawings, and installation or erection
instructions, indicate that the structure is to be installed on a
permanent foundation.
[[Page 204]]
(ii) A site-built permanent foundation is a system of supports,
including piers, either partially or entirely below grade which is:
(A) Capable of transferring all design loads imposed by or upon the
structure into soil or bedrock without failure,
(B) Placed at an adequate depth below grade to prevent frost damage,
and
(C) Constructed of concrete, metal, treated lumber or wood, or
grouted masonry; and
(2) The structure is not designed to be moved once erected or
installed on a site-built permanent foundation;
(i) A structure meets this criterion if all written materials and
communications relating to erection or installation of the structure,
including but not limited to designs, drawings, calculations, and
installation or erection instructions, indicate that the structure is
not intended to be moved after it is erected or installed and if the
towing hitch or running gear, which includes axles, brakes, wheels and
other parts of the chassis that operate only during transportation, are
removable and designed to be removed prior to erection or installation
on a site-built permanent foundation; and
(3) The structure is designed and manufactured to comply with the
currently effective version of one of the following:
(i) One of the following nationally recognized building codes:
(A) That published by Building Officials and Code Administrators
(BOCA) and the National Fire Protection Association (NFPA) and made up
of the following:
(1) BOCA Basic Building Code,
(2) BOCA Basic Industrialized Dwelling Code,
(3) BOCA Basic Plumbing Code,
(4) BOCA Basic Mechanical Code, and
(5) National Electrical Code, or
(B) That published by the Southern Building Code Congress (SBCC) and
the NFPA and made up of the following:
(1) Standard Building Code,
(2) Standard Gas Code,
(3) Standard Mechanical Code,
(4) Standard Plumbing Code, and
(5) National Electrical Code, or
(C) That published by the International Conference of Building
Officials (ICBO), the International Association of Plumbing and
Mechanical Officials (IAPMO), and the NFPA and made up of the following:
(1) Uniform Building Code,
(2) Uniform Mechanical Code,
(3) Uniform Plumbing Code, and
(4) National Electrical Code or
(D) The codes included in paragraphs (b)(3)(i)(A), (B), or (C) in
connection with the One- and Two-Family Dwelling Code, or
(E) Any combination of the codes included in paragraphs
(b)(3)(i)(A), (B), (C), and (D), that is approved by the Secretary,
including combinations using the National Standard Plumbing Code
published by the National Association of Plumbing, Heating and Cooling
Contractors (PHCC), or
(F) Any other building code accepted by the Secretary as a
nationally recognized model building code, or
(ii) Any local code or State or local modular building code accepted
as generally equivalent to the codes included under paragraph (b)(3)(i),
(the Secretary will consider the manufacturer's certification under
paragraph (c) of this section to constitute a certification that the
code to which the structure is built is generally equivalent to the
referenced codes. This certification of equivalency is subject to the
provisions of paragraph (f) of this section) or
(iii) The minimum property standards adopted by the Secretary
pursuant to title II of the National Housing Act; and
(4) To the manufacturer's knowledge, the structure is not intended
to be used other than on a site-built permanent foundation.
(c) When a manufacturer makes a certification provided for under
paragraph (b) of this section, the certification shall state as follows:
The manufacturer of this structure, Name ----------------; Address
---------------- (location where structure was manufactured).
Certifies that this structure (Ser. No. --------) is not a
manufactured home subject to the provisions of the National Manufactured
Housing Construction and Safety Standards Act and is--
(1) designed only for erection or installation on a site-built
permanent foundation,
(2) not designed to be moved once so erected or installed,
[[Page 205]]
(3) designed and manufactured to comply with ---------------- (Here
state which code included in paragraph (b)(3) of this section has been
followed), and
(4) to the manufacturer's knowledge is not intended to be used other
than on a site-built permanent foundation.
(d) This certification shall be affixed in a permanent manner near
the electrical panel, on the inside of a kitchen cabinet door, or in any
other readily accessible and visible location.
(e) As part of this certification, the manufacturer shall identify
each certified structure by a permanent serial number placed on the
structure during the first stage of production. If the manufacturer also
manufactures manufactured homes that are certified under Secs. 3282.205
and 3282.362(c), the series of serial numbers for structures certified
under this section shall be distinguishable on the structures and in the
manufacturer's records from the series of serial numbers for the
manufactured homes that are certified under Secs. 3282.205 and
3282.362(c).
(1) If a manufacturer wishes to certify a structure as a
manufactured home under Secs. 3282.205 and 3282.362(c) after having
applied a serial number identifying it as exempted under this section,
the manufacturer may do so only with the written consent of the
Production Inspection Primary Inspection Agency (IPIA) after thorough
inspection of the structure by the IPIA at at least one stage of
production and such removal or equipment, components, or materials as
the IPIA may require to perform inspections to assure that the structure
conforms to the Federal manufactured home standards. The manufacturer
shall remove the original serial number and add the serial number
required by Sec. 3280.6.
(2) A manufacturer may not certify a structure under this section
after having applied the manufactured home serial number under
Sec. 3280.6.
(f) All certifications made under this section are subject to
investigation by the Secretary to determine their accuracy. If a
certification is false or inaccurate, the certification for purposes of
this section is invalid and the structures that have been or may be the
subject of the certification are not excluded from the coverage of the
Act, the Federal Manufactured Home Construction and Safety Standards, or
these Regulations.
(1) If the Secretary has information that a certification may be
false or inaccurate, the manufacturer will be given written notice of
the nature of this information by certified mail and the procedure of
this subparagraph will be followed.
(i) The manufacturer must investigate this matter and report its
findings in writing as to the validity of this information to the
Secretary within 15 days from the receipt of the Secretary's notice.
(ii) If a written report is received within the time prescribed in
paragraph (f)(1)(i) of this section, the Secretary will review this
report before determining whether a certification is false or
inaccurate. If a report is not received within 15 days from the receipt
of the Secretary's notice, the Secretary will make the determination on
the basis of the information presented.
(iii) If the Secretary determines that a certification is false or
inaccurate, the manufacturer will be given written notice and the
reasons for this determination by certified mail.
(2) The Secretary may seek civil and criminal penalties provided for
in section 611 of the Act, 42 U.S.C. 5410, if the party in question in
the exercise of due care has reason to know that such certification is
false or misleading as to any material fact.
[44 FR 68733, Nov. 29, 1979, as amended at 49 FR 10666, Mar. 22, 1984]
Sec. 3282.13 Voluntary certification.
(a) The purpose of this section is to provide a procedure for
voluntary certification of non-conforming manufactured homes as required
by 42 U.S.C. 5402(6) as amended by section 308(d)(B) of the Housing and
Community Development Act of 1980.
(b) Structures which meet all of the requirements of a manufactured
home as set out in Sec. 3282.7(u), except the size requirements, shall
be manufactured homes if the manufacturer files with the Secretary a
certification in the following form:
[Name of manufacturer and address where structures are to be
manufactured] certifies that it intends to manufacture structures
[[Page 206]]
that meet all of the requirements of manufactured homes set forth at 42
U.S.C. 5402(6) except the size requirements. Such structures are to be
treated as manufactured homes for the purposes of the National
Manufactured Housing Construction and Safety Standards Act of 1974 and
the regulations promulgated pursuant thereto. Such structures will be
built in conformance with the Standards. [Name of manufacturer] further
certifies that if, at any time it manufactures structures which are not
manufactured homes, it will identify each such structure by a permanent
serial number placed on the structure during the first stage of
production and that the series of serial numbers for such structures
shall be distinguishable on the structures and in its records from the
series of serial numbers used for manufactured homes.
(c) Whenever a manufacturer which has filed a certification pursuant
to Sec. 3282.13(b) produces structures which are not manufactured homes,
it must identify each such structure by placing a permanent serial
number on the structure during the first stage of production. The series
of serial numbers placed on these structures shall be distinguishable on
the structure and in the manufacturer's records from the series of
serial numbers used for manufactured homes.
(d) A manufacturer may certify a structure as a manufactured home
after having applied a serial number identifying it as a structure which
is not a manufactured home. To do so, the manufacturer must secure the
written consent of the IPIA. This consent may only be given after a
DAPIA has approved the manufacturer's design and quality assistance
manual in accordance with Sec. 3282.361, and after the IPIA has
thoroughly inspected the structure in at least one stage of production
and after such removal of equipment, components or materials as the IPIA
may require to assure that the structure conforms to the standards.
After certification as a manufactured home has been approved, the
manufacturer shall remove the original serial number and add the serial
number required by Sec. 3280.6.
(e) Once a manufacturer has certified under Sec. 3282.13(b) that it
intends to build structures which are manufactured homes in all respects
except size, the manufacturer must then, with respect to those
structures, comply with all of the requirements of the Act and its
regulations. The structures may not thereafter be exempted under any
other section of these regulations.
[47 FR 28093, June 29, 1982]
Sec. 3282.14 Alternative construction of manufactured homes.
(a) Policy. In order to promote the purposes of the Act, the
Department will permit the sale or lease of one or more manufactured
homes not in compliance with the Standards under circumstances wherein
no affirmative action is needed to protect the public interest. The
Department encourages innovation and the use of new technology in
manufactured homes. Accordingly, HUD will permit manufacturers to
utilize new designs or techniques not in compliance with the Standards
in cases:
(1) Where a manufacturer proposes to utilize construction that would
be prohibited by the Standards;
(2) Where such construction would provide performance that is
equivalent to or superior to that required by the Standards; and
(3) Where (i) compliance with the Standards would be unreasonable
because of the circumstances of the particular case, or (ii) the
alternative construction would be for purposes of research, testing or
development of new techniques or designs. If a request for alternative
construction is submitted and the facts are consistent with these
principles, the Secretary may issue a letter under paragraph (c) of this
section stating that no action will be taken under the Act based upon
specific failures to conform to the Standards or these regulations,
provided that certain conditions are met. The issuance of a letter under
paragraph (c) of this section will not affect any right that any
purchaser may have under the Act or other applicable law and will not
preclude any further agency action that may become necessary.
(b) Request for alternative construction. A manufacturer may submit
a request for alternative construction of a manufactured home. The
request should be sent to the U.S. Department of Housing and Urban
Development, Manufactured
[[Page 207]]
Housing Standards Division, 451 Seventh Street, SW., Washington, DC
20410. The request must include:
(1) A copy of the manufactured design or plan for each nonconforming
model which a manufacturer plans to build;
(2) An explanation of the manner in which the design fails to
conform with the Standards, including a list of the specific standards
involved;
(3) An explanation of how the design will result in homes that
provide the same level of performance, quality, durability and safety as
would be provided under the Standards;
(4) A copy of data adequate to support the request, including
applicable test data, engineering calculations or certifications from
nationally recognized laboratories;
(5) An estimate of the maximum number of manufactured home units
affected and the location, if known, to which the units will be shipped;
(6) An indication of the period of time during which the
manufacturer proposes to engage in the manufacture, sale or lease of the
nonconforming homes;
(7) A copy of the proposed notice to be provided to home purchasers;
(8) A list of the names and addresses of any dealers that would be
selling the nonconforming homes; and
(9) A letter from the manufacturer's DAPIA indicating that the
design(s) to which any nonconforming homes would be built meet the
Standards in all other respects.
(c) Issuance of the letter by the Secretary--(1) Contents of the
letter. If the Secretary issues a letter in response to a request for
alternative construction, the letter shall include the specific
standards affected, an explanation of the proposed activity or design,
an explanation of how the request is consistent with the objectives of
the Act, and any conditions that the manufacturer must meet.
(2) Letter sent to IPIA, DAPIA and SAA. The Secretary shall forward
a copy of the letter to the manufacturer's IPIA and DAPIA along with a
letter authorizing the DAPIA to approve plans containing the alternative
construction, and authorizing the IPIA to permit use of the alternative
construction, provided that the conditions set forth in the letter are
met. The Secretary shall also forward a copy of the letter to the SAAs
in the State of manufacture and the State(s) in which the homes are to
be located, if known.
(3) Alternative construction in additional models. In cases where
the Secretary grants a letter under this paragraph that is not model-
specific, the Secretary may permit the manufacturer to include the
alternative construction in additional models. In such cases, the DAPIA
shall notify the Department of additional models that incorporate the
alternative construction.
(d) Revocation. The Secretary may revoke or amend a letter issued
under paragraph (c) of this section at any time. Such revocation or
amendment will be prospective only. Where manufacturers have requested
alternative construction for research, testing or development such
alternative construction may not achieve the anticipated results.
Therefore, the Secretary may require a manufacturer to bring those homes
into compliance with the standards if, after the alternative
construction has been in use for a period of time specified by the
Secretary, these homes are not, in the Secretary's judgment, providing
the levels of safety, quality and durability which would have been
provided had the homes been built in compliance with the Standards.
(e) Notice to prospective purchasers. Manufacturers receiving
letters under paragraph (c) of this section shall provide notice to
prospective purchasers that the home does not conform to the Standards.
Such notice shall be delivered to each prospective purchase before he or
she enters into an agreement to purchase the home. The notice shall be
in the following form or in such other form as may be approved by the
Secretary:
Notice to Purchasers
The Department of Housing and Urban Development has issued a letter
to (Name of Manufacturer) concerning the homes in (location if known).
As designed, the homes do not meet Federal Manufactured Home
Construction and Safety Standards regarding (brief statement of
manufacturer's nonconformance).
[[Page 208]]
HUD has evaluated the alternative construction and believes that it
provides an equivalent level of quality, durability and safety to that
provided by the Standards.
For further information about the specific Federal Standards
involved, a copy of the letter issued pursuant to 24 CFR 3282.14(c) is
available from this dealer or manufacturer upon request.
(f) Serial numbers of homes constructed using alternative
construction. Manufacturers shall provide the Department with the serial
numbers assigned to each home produced in conformance with the letter
issued under paragraph (c) of this section within 90 days of their date
of manufacture. Each serial number shall include the letters ``AC'' to
indicate that the homes was produced under alternative construction
procedures.
[49 FR 1967, Jan. 16, 1984]
Subpart B--Formal Procedures
Sec. 3282.51 Scope.
This subpart contains rules of procedure generally applicable to the
transaction of official business under the National Manufactured Housing
Construction and Safety Standards Act, including the rules governing
public availability of information.
Sec. 3282.52 Address of communications.
Unless otherwise specified, communications shall be addressed to the
Director, Manufactured Housing Standards Division, Department of Housing
and Urban Development, 451 Seventh Street, SW., Washington, DC 20410.
Sec. 3282.53 Service of process on foreign manufacturers and importers.
The designation of an agent required by section 612(e) of the Act,
42 U.S.C. 5411(e), shall be in writing, dated, and signed by the
manufacturer and the designated agent.
[61 FR 10860, Mar. 15, 1996]
Sec. 3282.54 Public information.
(a) General. Subject to the provisions of 24 CFR part 15 covering
the production or disclosure of material or information and the
provisions of 24 CFR part 16 at 40 FR 39729 relating to the Privacy Act,
and except as otherwise provided by paragraphs (b), (c), (d), and (e) of
this section, the Secretary may make available to the public:
(1) Any information which may indicate the existence of an imminent
safety hazard, and
(2) Any information which may indicate the failure of a manufactured
home to comply with applicable manufactured home construction and safety
standards, and
(3) Such other information as the Secretary determines is necessary
to carry out the Secretary's functions under the Act.
(b) Protected information. Data and information submitted or
otherwise provided to the Secretary or an agent of the Secretary or a
PIA or SAA which fall within the definitions of a trade secret or
confidential commercial or financial information are exempt from
disclosure under this section, only if the party submitting or providing
the information so requests under paragraph (c) of this section.
However, the Secretary may disclose such information to any person
requesting it after deletion of the portions which are exempt, or in
such combined or summary form as does not disclose the portions which
are exempt from disclosure or in its entirety in accordance with section
614 of the Act, U.S.C. 5413.
(c) Obtaining exemption. Any party submitting any information to the
Secretary in any form under this part, or otherwise in relation to the
program established by the Act shall, if the party desires the
information to be exempt from disclosure, at the time of submittal of
the information or at any time thereafter, request that the information
or any part thereof be protected from disclosure. The request for
nondisclosure shall include the basis for the request under the Act or
other authority and complete justification supporting the claim that the
material should be exempt from disclosure. The request should also
include a statement of the information in such combined or summary form
that alleged trade secrets or other protected information and the
identity of the submitting party would not be disclosed. This request
need not be made with respect to information which was submitted to the
Secretary, an SAA or a PIA prior
[[Page 209]]
to the effective date of these regulations.
(d) Request for information from PIAs or SAAs. Whenever a PIA or SAA
receives requests for disclosure of information, it shall disclose the
information unless the party from which the information was originally
obtained has submitted to the PIA or SAA a request that the information
not be disclosed under paragraph (c) of this section, except that the
PIA or SAA shall be governed by the provisions of 24 CFR part 16 (40 FR
39729) relating to the Privacy Act which may limit the disclosure of
information. If a request for nondisclosure under paragraph (c) of this
section has been received with respect to information whose disclosure
is requested, the PIA or SAA shall refer the matter to the Secretary
within 5 days of the request for disclosure. If a PIA or SAA receives a
request for disclosure of information related to this program, which
information was submitted to the PIA or SAA prior to the effective date
of these regulations, the PIA or SAA shall refer the request for
nondisclosure and required information to the Secretary.
[41 FR 19852, May 13, 1976, as amended at 61 FR 10860, Mar. 15, 1996]
Subpart C--Rules and Rulemaking Procedures
Sec. 3282.101 Generally.
Procedures that apply to the formulation, issuance, amendment, and
revocation of rules pursuant to the Act are governed by the Act, the
Administrative Procedure Act, 5 U.S.C. 551 et seq., and part 10 of this
title, except that the Secretary shall respond to a petition for
rulemaking by an interested party within 180 days of receipt of the
petition.
[61 FR 10860, Mar. 15, 1996]
Sec. 3282.111 Petitions for reconsideration of final rules.
(a) Definition. A petition for reconsideration of a final rule
issued by the Secretary is a request in writing from any interested
person which must be received not later than 60 days after publication
of the rule in the Federal Register. The petition shall state that it is
a petition for reconsideration of a final rule, and shall contain an
explanation as to why compliance with the rule is not practicable, is
unreasonable, or is not in the public interest. If the petitioner
requests the consideration of additional facts, the petitioner shall
state the reason they were not presented to be treated as petitions for
rulemaking.
(b) Proceedings on petitions for reconsideration. The Secretary may
grant or deny, in whole or in part, any petition for reconsideration
without further proceedings. The Secretary may issue a final decision on
reconsideration without further proceeding, or may provide such
opportunity to submit comments or information and data as the Secretary
deems appropriate.
(c) Unless the Secretary determines otherwise, the filing of a
petition under this section does not stay the effectiveness of the rule
in question.
(d) Any party seeking to challenge any rule or regulation issued
under the Act, except orders issued under section 604 42 U.S.C. 5403, if
the challenge is brought before the expiration of the 60 day period set
out in paragraph (a) of this section, shall file a timely petition for
reconsideration under this section prior to seeking any other remedy.
Sec. 3282.113 Interpretative bulletins.
When appropriate, the Secretary shall issue interpretative bulletins
interpreting the standards under the authority of Sec. 3280.9 of this
chapter or interpreting the provisions of this part. Issuance of
interpretative bulletins shall be treated as rulemaking under this
subpart C unless the Secretary deems such treatment not to be in the
public interest and the interpretation is not otherwise required to be
treated as rulemaking. All interpretative bulletins shall be indexed and
made available to the public at the Manufactured Housing Standards
Division and a copy of the index shall be published periodically in the
Federal Register.
[61 FR 10860, Mar. 15, 1996]
[[Page 210]]
Subpart D--Informal and Formal Presentations of Views, Hearings and
Investigations
Sec. 3282.151 Applicability and scope.
(a) This subpart sets out procedures to be followed when an
opportunity to present views provided for in the Act is requested by an
appropriate party. Section 3282.152 provides for two types of procedures
that may be followed, one informal and nonadversary, and one more formal
and adversary. Section 3282.152 also sets out criteria to govern which
type of procedure will be followed in particular cases.
(b) The procedures of Sec. 3282.152 also apply to:
(1) Proceedings held by the Secretary whenever the suspension or
disqualification of a primary inspection agency, which has been granted
final approval, is recommended under Sec. 3282.356 of these regulations,
and
(2) Resolution of disputes where an SAA or manufacturer disagrees
with a determination of a DAPIA under Sec. 3282.361 that a manufactured
home design does or does not conform to the standards or that a quality
assurance manual is or is not adequate with a decision by an IPIA to red
tag or not to red tag or to provide or not to provide a certification
label for a manufactured home under Sec. 3282.362 when the IPIA believes
that the manufactured home does or does not conform to the standards.
(c) The procedures set out in Sec. 3282.152 shall also be followed
whenever State Administrative Agencies hold Formal or Informal
Presentations of Views under Sec. 3282.309.
(d) To the extent that these regulations provide for Formal or
Informal Presentations of Views for parties that would otherwise qualify
for hearings under 24 CFR part 24, the procedures of 24 CFR part 24
shall not be available and shall not apply.
[41 FR 19852, May 13, 1976, as amended at 51 FR 34467, Sept. 29, 1986;
61 FR 10442, Mar. 13, 1996]
Sec. 3282.152 Procedures to present views and evidence.
(a) Policy. All Formal and Informal Presentations of Views under
this subpart shall be public, unless, for good cause, the Secretary
determines it is in the public interest that a particular proceeding
should be closed. If the Secretary determines that a proceeding should
be closed, the Secretary shall state and make publicly available the
basis for that determination.
(b) Request. Upon receipt of a request to present views and evidence
under the Act, the Secretary shall determine whether the proceeding will
be a Formal or an Informal Presentation of Views, and shall issue a
notice under paragraph (c) of this section.
(c) Notice. When the Secretary decides to conduct a Formal or an
Informal Presentation of Views under this section, the Secretary shall
provide notice as follows:
(1) Except where the need for swift resolution of the question
involved prohibits it, notice of a proceeding hereunder shall be
published in the Federal Register at least 10 days prior to the date of
the proceeding. In any case, notice shall be provided to interested
persons to the maximum extent practicable. Direct notice shall be sent
by certified mail to the parties involved in the hearing.
(2) The notice, whether published or mailed, shall include a
statement of the time, place and nature of the proceeding; reference to
the authority under which the proceeding will be held; a statement of
the subject matter of the proceeding, the parties and issues involved;
and a statement of the manner in which interested persons shall be
afforded the opportunity to participate in the hearing.
(3) The notice shall designate the official who shall be the
presiding officer for the proceedings and to whom all inquiries should
be directed concerning such proceedings.
(4) The notice shall state whether the proceeding shall be held in
accordance with the provisions of paragraph (f)--(Informal Presentation
of Views) or paragraph (g)--(Formal Presentation of Views) of this
section, except that when the Secretary makes the determinations
provided for in sections 623 (d) and (f) of the Act, the requirements of
paragraph (g) of this section shall apply. In determining whether the
requirements of paragraph (f) or those of
[[Page 211]]
paragraph (g) of this section shall apply the Secretary shall consider
the following:
(i) The necessity for expeditious action;
(ii) The risk of injury to affected members of the public;
(iii) The economic consequences of the decisions to be rendered; and
(iv) Such other factors as the Secretary determines are appropriate.
(d) Department representative. If the Department is to be
represented by Counsel, such representation shall be by a Department
hearing attorney designated by the General Counsel.
(e) Reporting and transcription. Oral proceedings shall be
stenographically or mechanically reported and transcribed under the
supervision of the presiding officer, unless the presiding officer and
the parties otherwise agree, in which case a summary approved by the
presiding officer shall be kept. The original transcript or summary
shall be a part of the record and the sole official transcript, or
summary. A copy of the transcript or summary shall be available to any
person at a fee established by the Secretary, which fee the Secretary
may waive in the public interest. Any information contained in the
transcript or summary which would be exempt from required disclosure
under Sec. 3282.54 of these regulations may be protected from disclosure
if appropriate under that section upon a request for such protection
under Sec. 3282.54(c).
(f) Informal presentation of views. (1) An Informal Presentation of
Views may be written or oral, and may include an opportunity for an oral
presentation, whether requested or not, whenever the Secretary concludes
that an oral presentation would be in the public interest, and so states
in the notice. A presiding officer shall preside over all oral
presentations held under this subsection. The purpose of any such
presentation shall be to gather information to allow fully informed
decision making. Informal Presentations of Views shall not be adversary
proceedings. Oral presentations shall be conducted in an informal but
orderly manner. The presiding officer shall have the duty and authority
to conduct a fair proceeding, to take all necessary action to avoid
delay, and to maintain order. In the absence of extraordinary
circumstances, the presiding officer at an oral Informal Presentation of
Views shall not require that testimony be given under an oath or
affirmation, and shall not permit either cross-examination of witnesses
by other witnesses or their representatives, or the presentation of
rebuttal testimony by persons who have already testified. The rules of
evidence prevailing in courts of law or equity shall not control the
conduct of oral Informal Presentations of Views.
(2) Within 10 days after an Informal Presentation of Views, the
presiding officer shall refer to the Secretary all documentary evidence
submitted, the transcript, if any, a summary of the issues involved and
information presented in the Informal Presentation of Views and the
presiding official's recommendations, with the rationale therefor. The
presiding officer shall make any appropriate statements concerning the
apparent veracity of witnesses or the validity of factual assertions
which may be within the competence of the presiding officer. The
Secretary shall issue a Final Determination concerning the matters at
issue within 30 days of receipt of the presiding officer's summary. The
Final Determination shall include:
(i) A statement of findings, with specific references to principal
supporting items of evidence in the record and conclusions, as well as
the reasons or bases therefor, upon all of the material issues of fact,
law, or discretion as presented on the record, and
(ii) An appropriate order. Notice of the Final Determination shall
be given in writing and transmitted by certified mail, return receipt
requested, to all participants in the presentation of views. The Final
Determination shall be conclusive, with respect to persons whose
interests were represented.
(g) Formal presentation of views. (1) A Formal Presentation of Views
is an adversary proceeding and includes an opportunity for the oral
presentation of evidence. All witnesses shall testify under oath or
affirmation, which shall be administered by the presiding officer.
Participants shall have the right to present such oral or documentary
[[Page 212]]
evidence and to conduct such cross-examination as the presiding officer
determines is required for a full and true disclosure of facts. The
presiding officer shall receive relevant and material evidence, rule
upon offers of proof and exclude all irrelevant, immaterial or unduly
repetitious evidence. However, the technicalities of the rules of
evidence prevailing in courts of law or equity shall not control the
conduct of a Formal Presentation of Views. The presiding officer shall
take all necessary action to regulate the course of the Formal
Presentation of Views to avoid delay and to maintain order. The
presiding officer may exclude the attorney or witness from further
participation in the particular Formal Presentation of Views and may
render a decision adverse to the interests of the excluded party in his
absence.
(2) Decision. The presiding officer shall make and file an initial
written decision on the matter in question. The decision shall be filed
within 10 days after completion of the oral presentation. The decision
shall include:
(i) A statement of findings of fact, with specific references to
principal supporting items of evidence in the record and conclusions, as
well as the reasons or bases therefor, upon all of the material issues
of law or discretion presented on the record, and
(ii) An appropriate order.
The presiding officer's decision shall be final and shall constitute the
Final Determination of the Secretary unless reversed or modified within
30 days by the Secretary. Notice of the Final Determination shall be
given in writing, and transmitted by registered or certified mail,
return receipt requested, to all participants in the proceeding. The
Final Determination shall be conclusive with respect to persons whose
interests were represented.
[41 FR 19852, May 13, 1976, as amended at 51 FR 34467, Sept. 29, 1986]
Sec. 3282.153 Public participation in formal or informal presentation of views.
(a) Any interested persons may participate, in writing, in any
Formal or Informal Presentation of Views held under the provisions of
paragraph (f) or (g) of Sec. 3282.152. The presiding officer shall, to
the extent practicable, consider any such written materials.
(b) Any interested person may participate in the oral portion of any
Formal or Informal Presentation of Views held under paragraphs (f) and
(g) of Sec. 3282.152 unless the presiding officer determines that
participation should be limited or barred so as not unduly to prejudice
the rights of the parties directly involved or unnecessarily to delay
the proceedings.
[51 FR 34468, Sept. 29, 1986]
Sec. 3282.154 Petitions for formal or informal presentations of views, and requests for extraordinary interim relief.
Any person entitled to a Formal or an Informal Presentation of Views
under paragraph (f) or paragraph (g) of Sec. 3282.152 in order to
address issues as provided for in Sec. 3282.151(a) may petition the
Secretary to initiate such a Presentation of Views. The petition may be
accompanied by a request that the Secretary provide appropriate interim
relief pending the issuance of the final determination or decision. No
interim relief will be granted unless there is a showing of
extraordinary cause. Upon receipt of a petition, the Secretary shall
grant the petition and issue the notice provided for in Sec. 3282.152(b)
for Formal or Informal Presentation of Views, and may grant, deny or
defer decision on any request for interim relief.
[51 FR 34468, Sept. 29, 1986]
Sec. 3282.155 Investigations.
The procedures for investigations and investigational proceedings
are set forth in part 3800 of this chapter.
[61 FR 10442, Mar. 13, 1996]
Sec. 3282.156 Petitions for investigations.
(a) Any person may petition the Secretary in writing to open an
investigation into whether noncompliances, defects, serious defects, or
imminent safety hazards exist in manufactured homes. A petition shall
include the reasons that the petitioner believes warrant an
investigation, and it shall state any steps which have previously been
taken to remedy the situation. The petition shall include all
information
[[Page 213]]
known to the petitioner concerning the identity of manufactured homes
which may be affected and where those manufactured homes were
manufactured. The Secretary shall respond to petitions concerning
alleged imminent safety hazards and serious defects within 60 days and
to petitions alleging the existence of defects or noncompliances within
120 days.
(b) Any person may petition the Secretary in writing to undertake an
investigation for the purpose of determining whether a primary
inspection agency should be disqualified. The petition shall set out all
facts and information on which the petition is based and a detailed
statement of why such information justifies disqualification. The
Secretary shall consider such petitions when making determinations on
final acceptance and continued acceptance. The Secretary shall respond
to such petition within 120 days.
Subpart E--Manufacturer Inspection and Certification Requirements
Sec. 3282.201 Scope and purpose.
(a) This subpart sets out requirements which must be met by
manufacturers of manufactured homes for sale to purchasers in the United
States with respect to certification of manufactured home designs,
inspection of designs, quality assurance programs, and manufactured home
production, and certification of manufactured homes. Other than
references and a general description of responsibilities, this subpart
does not set out requirements with respect to remedial actions or
reports which must be taken or filed under the Act and these
regulations.
(b) The purpose of this subpart is to require manufaacturers to
participate in a system of design approvals and inspections which serve
to assist them in assuring that manufactured homes which they
manufacture will conform to Federal standards. Such approvals and
inspections provide significant protection to the public by decreasing
the number of manufactured homes with possible defects in them, and
provide protection to manufacturers by reducing the number of instances
in which costly remedial actions must be undertaken after manufactured
homes are sold.
Sec. 3282.202 Primary inspection agency contracts.
Each manufacturer shall enter into a contract or other agreement
with as many Design Inspection Primary Inspection Agencies (DAPIAs) as
it wishes and with enough Production Inspection Primary Inspection
Agencies (IPIAs) to provide IPIA services for each manufacturing plant
as set out in this subpart and in subpart H of this part. In return for
the services provided by the DAPIAs and IPIAs, each manufacturer shall
pay such reasonable fees as are agreed upon between the manufacturer and
the primary inspection agency or, in the case of a State acting as an
exclusive IPIA under Sec. 3282.3 such fees as may be established by the
State.
Sec. 3282.203 DAPIA services.
(a) Each manufacturer shall have each manufactured home design and
each quality assurance manual which it intends to follow approved by a
DAPIA under Sec. 3282.361. The manufacturer is free to choose which
DAPIA will evaluate and approve its designs and quality assurance
materials manufacturer may obtain design and quality assurance manual
approval from a single DAPIA regardless of the number of plants in which
the design and quality assurance manual will be followed. A manufacturer
may also obtain approval for the same design and quality assurance
manual from more than one DAPIA. The choice of which DAPIA or DAPIAs to
employ is left to the manufacturer.
(b) The manufacturer shall submit to the DAPIA such information as
the DAPIA may require in order to carry out design approvals. This
information shall, except where the manufacturer demonstrates to the
DAPIA that it is not necessary, include the following:
(1) Construction drawings and/or specifications showing structural
details and layouts of frames, floors, walls and roofs, and chassis;
material specifications, framing details, door locations, etc., for each
floor plan proposed to be manufactured,
[[Page 214]]
(2) Structural analysis and calculations, test data and/or other
accepted engineering practices used by the manufacturer to validate the
design,
(3) Complete heat loss calculations for each significant variation
of home design,
(4) Floor plans showing room arrangement and sizes, window sizes,
emergency exists and locations, locations of smoke detectors, fixed
appliance range hoods, and other standards related aspects of the
manufactured home that can be shown on the floor plans,
(5) Diagrams of the fuel supply system, potable water system and
drain, waste and vent systems. The diagrams shall specify the types of
materials used, types of fittings and methods of installing required
safety equipment,
(6) Wiring diagrams, including circuit allocation of electrical load
and branch circuit calculations, a table of the branch circuit
protection provided, the type of wiring used, and wiring methods,
(7) Details showing the design of air supply and return systems,
(8) Details of chassis construction, components, connections and
running gear including rating capacities of tires,
(9) A list of fixed and portable appliances furnished with the
manufactured home, including type of appliance, rating of appliance, and
applicable minimum and maximum performance ratings and/or energy
requirements,
(10) Detailed manufacturer installation instructions including
specifications and procedures for the erection and hook-up of the home
at its permanent location, and
(11) Reports of all tests that were run to validate the conformance
of the design to the standards.
(c) The manufacturer shall submit to the DAPIA such information as
the DAPIA may require in order to carry out quality assurance manual
approvals. At a minimum, this information shall include the quality
assurance manual for which approval is sought. That manual shall include
the manufacturer's quality assurance program, an organizational chart
showing the accountability, by position, of the manufacturer's quality
control personnel, a description of production tests and test equipment
required for compliance with the standards, a station-by-station
description of the manufacturing process, a list of quality control
inspections required by the manufacturer at each station, and
identification by title of each person who will be held accountable for
each quality control inspection.
(d) Manufacturers may be required to furnish supplementary
information to the DAPIA if the design information or the quality
assurance manual is not complete or if any information is not in
accordance with accepted engineering practice.
(e) When a manufacturer wishes to make a change in an approved
design or quality assurance manual, the manufacturer shall obtain the
approval of the DAPIA which approved the design or manual prior to
production for sale. The procedures for obtaining such approval are set
out in Sec. 3282.361.
(f) The information to be submitted to a DAPIA under Sec. 3282.203
(b) and (c) may be prepared by the manufacturer's staff or outside
consultants, including other DAPIAs. However, a DAPIA may not perform
design or quality assurance manual approvals for any manufacturer whose
design or manual has been created or prepared in whole or in part by
members of the DAPIA's organization or of any affiliated organization.
(g) Each manufacturer shall maintain a copy of the drawings,
specifications, and sketches from each approved design received from a
DAPIA under Sec. 3282.361(b)(4) in each plant in which manufactured
homes are being produced to the design. Each manufacturer shall also
maintain in each manufacturing plant a copy of the approved quality
assurance manual received from a DAPIA under Sec. 3282.361(c)(3) that is
being followed in the plant. These materials shall be kept current and
shall be readily accessible for use by the Secretary or other parties
acting under these regulations.
Sec. 3282.204 IPIA services.
(a) Each manufacturer shall obtain the services of an IPIA as set
out in Sec. 3282.362 for each manufacturing plant operated by the
manufacturer.
[[Page 215]]
(b) The manufacturer shall make available to the IPIA operating in
each of its plants a copy of the drawings and specifications from the
DAPIA approved design and the quality assurance manual for that plant,
and the IPIA shall perform an initial factory inspection as set out in
Sec. 3282.362(b). If the IPIA issues a deviation report after the
initial factory inspection, the manufacturer shall make any corrections
or adjustments which are necessary to conform with the DAPIA approved
designs and manuals. After the corrections required by the deviation
report are completed to the satisfaction of the IPIA, the IPIA shall
issue the certification report as described in Sec. 3282.362(b)(2). In
certain instances a DAPIA may provide the certification report. (See
Sec. 3282.362) The manufacturer shall maintain a current copy of each
certification report in the plant to which the certification report
relates.
(c) After the certification report has been signed by the IPIA, the
manufacturer shall obtain labels from the IPIA and shall affix them to
completed manufactured homes as set out in Sec. 3282.362(c)(2). During
the initial factory certification, the IPIA may apply labels to
manufactured homes which it knows to be in compliance with the standards
if it is performing complete inspections of all phases of production of
each manufactured home and the manufacturer authorizes it to apply
labels.
(d) During the course of production the manufacturer shall maintain
a complete set of approved drawings, specifications, and approved design
changes for the use of the IPIA's inspector and always available to that
inspector when in the manufacturing plant.
(e) If, during the course of production, an IPIA finds that a
failure to conform to a standard exists in a manufactured home in
production, the manufacturer shall correct the failure to confirm in any
manufactured homes still in the factory and held by distributors or
dealers and shall carry out remedial actions under Secs. 3282.404 and
3282.405 with respect to any other manufactured homes which may contain
the same failure to conform.
Sec. 3282.205 Certification requirements.
(a) Every manufacturer shall make a record of the serial number of
each manufactured home produced, and a duly authorized representative of
the manufacturer shall certify that each manufactured home has been
constructed in accordance with the Federal standards. The manufacturer
shall furnish a copy of that certification to the IPIA for the purpose
of determining which manufactured homes are subject to the notification
and correction requirements of subpart I of this part.
(b) Every manufacturer of manufactured homes shall certify on the
data plate as set out in Sec. 3280.5 of chapter XX of 24 CFR and
Sec. 3282.362(c)(3) that the manufactured home is designed to comply
with the Federal manufactured home construction and safety standards in
force at the time of manufacture in addition to providing other
information required to be completed on the data plate.
(c) Every manufacturer of manufactured homes shall furnish to the
dealer or distributor of each of its manufactured homes a certification
that such manufactured home, to the best of the manufacturer's knowledge
and belief, conforms to all applicable Federal construction and safety
standards. This certification shall be in the form of the label provided
by the IPIA under Sec. 3282.362(c)(2). The label shall be affixed only
at the end of the last stage of production of the manufactured home.
(d) The manufacturer shall apply a label required or allowed by the
regulations in this part only to a manufactured home that the
manufacturer knows by its inspections to be in compliance with the
standards.
[41 FR 19852, May 13, 1976, as amended at 41 FR 24970, June 21, 1976; 61
FR 10860, Mar. 15, 1996]
Sec. 3282.206 Disagreement with IPIA or DAPIA.
Whenever a manufacturer disagrees with a finding by a DAPIA or an
IPIA acting in accordance with subpart H of this part, the manufacturer
may request a Formal or Informal Presentation of Views as provided in
Sec. 3282.152. The manufacturer shall not, however,
[[Page 216]]
produce manufactured homes pursuant to designs which have not been
approved by a DAPIA or produce manufactured homes which the relevant
IPIA believes not to conform to the standards unless and until:
(a) The Secretary determines that the manufacturer is correct in
believing the design of the manufactured home conforms to the standards;
or
(b) Extraordinary interim relief is granted under Sec. 3282.154; or
(c) The DAPIA or IPIA otherwise resolves the disagreement.
[41 FR 19852, May 13, 1976, as amended at 51 FR 34468, Sept. 29, 1986;
61 FR 10860, Mar. 15, 1996]
Sec. 3282.207 Manufactured home consumer manual requirements.
(a) The manufacturer shall provide a consumer manual with each
manufactured home that enters the first stage of production on or after
July 31, 1977, pursuant to section 617 of the National Manufactured
Housing Construction and Safety Standards Act, 42 U.S.C. 5416.
(b) The manufacturer shall provide the consumer manual by placing a
manual in each such manufactured home before the manufactured home
leaves the manufacturing plant. The manual shall be placed in a
conspicuous location in a manner likely to assure that it is not removed
until the purchaser removes it.
(c) If a manufacturer is informed that a purchaser did not receive a
consumer manual, the manufacturer shall provide the appropriate manual
to the purchaser within 30 days of being so informed.
(d) No dealer or distributor may interfere with the distribution of
the consumer manual. When necessary, the dealer or distributor shall
take any appropriate steps to assure that the purchaser receives a
consumer manual from the manufacturer.
(e) If a consumer manual or a change or revision to a manual does
not substantially comply with the guidelines issued by HUD, the
manufacturer shall cease distribution of the consumer manual and shall
provide a corrected manual for each manufactured home for which the
inadequate or incorrect manual or revision was provided. A manual
substantially complies with the guidelines if it presents current
material on each of the subjects covered in the guidelines in sufficient
detail to inform consumers about the operation, maintenance, and repair
of the manufactured home. An updated copy of guidelines published in the
Federal Register on March 15, 1996, can be obtained by contacting the
Office of Manufactured Housing and Regulatory Functions, Department of
Housing and Urban Development, 451 Seventh Street, SW., Washington, DC,
20410; the Information Center, Department of Housing and Urban
Development, Room 1202, 451 Seventh Street, SW., Washington, DC, 20410;
or any HUD Area or State Office.
[61 FR 10860, Mar. 15, 1996]
Sec. 3282.208 Remedial actions--general description.
(a) Notification. A manufacturer may be required to provide formal
notice to manufactured home owners and dealers, as set out in subpart I
of this part, if the manufacturer, the Secretary, or a State
Administrative Agency determines under that subpart that an imminent
safety hazard, serious defect, defect, or noncompliance exists or may
exist in a manufactured home produced by that manufacturer.
(b) Correction. A manufacturer may be required to correct imminent
safety hazards and serious defects which the manufacturer or the
Secretary determines under subpart I exist in manufactured homes
produced by the manufacturer. This correction would be carried out in
addition to the sending of formal notice as described in paragraph (a)
of this section.
(c) Cooperation. The manufacturer shall be responsible for working
with the DAPIA, IPIA, any SAA, the Secretary, and the Secretary's agent
as necessary in the course of carrying out investigations and remedial
actions under subpart I.
(d) Avoidance of formalities. The provisions for notification and
required correction outlined in paragraphs (a) and (b) of this section
and described more fully in subpart I may be waived or avoided in
certain circumstances under that subpart.
[[Page 217]]
Sec. 3282.209 Report requirements.
The manufacturer shall submit reports to the PIAs, SAAs, and the
Secretary as required by subpart L of these regulations.
Sec. 3282.210 Payment of monitoring fee.
(a) Each manufacturer shall pay the monitoring fee established under
Secs. 3282.307 and 3282.454 for each transportable section of each
manufactured housing unit that it manufactures under the Federal
standards.
(b) The monitoring fee shall be paid in the form of a check made
payable to the Secretary or the Secretary's agent. The manufacturer
shall give to the IPIA (or to any other person or agency designated in
writing by the Secretary) the required check in the amount of the number
of labels, as required by Sec. 3282.365, multiplied by the amount of the
fee per transportable section of each manufactured housing unit.
[50 FR 28398, July 12, 1985]
Sec. 3282.211 Record of purchasers.
(a) Information requirements for purchasers. (1) Every manufacturer
of manufactured homes shall, for each manufactured home manufactured
under the Federal standards, provide with the manufactured home a
booklet containing at least 3 detachable cards as described in paragraph
(a)(2) of this section. On the front of the booklet, in bold faced type,
shall be printed the following language:
``Keep this booklet with your manufactured home. Title VI of the
Housing and Community Development Act of 1974 provides you with
protection against certain construction and safety hazards in your
manufactured home. To help assure your protection, the manufacturer of
your manufactured home needs the information which these cards, when
completed and mailed, will supply. If you bought your home from a
dealer, please be sure that your dealer has completed and mailed a card
for you. If you acquired your home from someone who is not a dealer, you
should promptly fill out and send a card to the manufacturer. It is
important that you keep this booklet and give it to any person who buys
the manufactured home from you.''
(2) The detachable cards shall contain blanks for the following
information:
(i) Name and address of the dealer or other person selling the
manufactured home to the purchaser;
(ii) Name and complete mailing address of the manufactured home
purchaser;
(iii) Address where the manufactured home will be located, if not
the same as item (a)(2)(ii) of this section.
(iv) Date of sale to the purchaser;
(v) Month, day and year of manufacture;
(vi) Identification number of the manufactured home;
(vii) Model and/or type designation of the manufactured home as
provided by the manufacturer; and
(viii) A designation of the zones for which the manufactured home is
equipped, as set forth in Sec. 3280.305 in this title.
Additionally, the cards shall have the name and address of the
manufacturer printed clearly on the reverse side and shall contain
adequate postage or business reply privileges to ensure return to the
manufacturer. The manufacturer shall have the responsibility for filing
in the blanks on the cards for paragraphs (a)(2) (v), (vi), (vii), and
(viii) of this section.
(3) The manufacturer shall maintain all cards received so that the
manufacturer has a readily accessible record of the current purchaser or
owner and the current address of all manufactured homes manufactured by
it for which a card has been received.
Subpart F--Dealer and Distributor Responsibilities
Sec. 3282.251 Scope and purpose.
(a) This subpart sets out the responsibilities which shall be met by
distributors and dealers with respect to manufactured homes manufactured
after the effective date of the standards for sale to purchasers in the
United States. It prohibits the sale, lease, or offer for sale or lease
of manufactured homes known by the distributor or dealer not to be in
conformance with the standards, and it includes responsibilities for
maintaining certain records and assisting in the gathering of certain
information.
(b) The purpose of this subpart is to inform distributors and
dealers when
[[Page 218]]
they may sell manufactured homes, when they are prohibited from selling
manufactured homes, and what they may do in order to prepare a
manufactured home for sale if it is not in conformance with the
standards.
(c) For purposes of this part, any manufacturer or distributor who
sells, leases, or offers for sale or lease a manufactured home to a
purchaser shall be a dealer for purposes of that transaction.
Sec. 3282.252 Prohibition of sale.
(a) No distributor or dealer shall make use of any means of
transportation affecting interstate or foreign commerce or the mails to
sell, lease, or offer for sale or lease in the United States any
manufactured home manufactured on or after the effective date of an
applicable standard unless:
(1) There is affixed to the manufactured home a label certifying
that the manufactured home conforms to applicable standards as required
by Sec. 3282.205(c), and
(2) The distributor or dealer, acting as a reasonable distributor or
dealer, does not know that the manufactured home does not conform to any
applicable standards.
(b) This prohibition applies to any affected manufactured homes
until the completion of the entire sales transaction. A sales
transaction with a purchaser is considered completed when all the goods
and services that the dealer agreed to provide at the time the contract
was entered into have been provided. Completion of a retail sale will be
at the time the dealer completes set-up of the manufactured home if the
dealer has agreed to provide the set-up, or at the time the dealer
delivers the home to a transporter, if the dealer has not agreed to
transport or set up the manufactured home, or to the site if the dealer
has not agreed to provide set-up.
(c) This prohibition of sale does not apply to manufactured homes
which are placed in production prior to the effective date of the
standards, and it does not apply to ``used'' manufactured homes which
are being sold or offered for sale after the first purchase in good
faith for purposes other than the resale.
Sec. 3282.253 Removal of prohibition of sale.
(a) If a distributor or dealer has a manufactured home in its
possession or a manufactured home with respect to which the sales
transaction has not been completed, and the distributor or dealer,
acting as a reasonable distributor or dealer, knows as a result of
notification by the manufacturer or otherwise that the manufactured home
contains a failure to conform or imminent safety hazard, the distributor
or dealer may seek the remedies available to him under Sec. 3282.415.
(b) When, in accordance with Sec. 3282.415, a manufacturer corrects
a failure to conform to the applicable standard or an imminent safety
hazard, the distributor or dealer, acting as a reasonable distributor or
dealer, may accept the remedies provided by the manufacturer as having
corrected the failure to conform or imminent safety hazard. The
distributor or dealer, therefore, may sell, lease, or offer for sale or
lease any manufactured home so corrected by the manufacturer.
(c) When a distributor or dealer is authorized by a manufacturer to
correct a failure to conform to the applicable standard or an imminent
safety hazard and completes the correction in accordance with the
manufacturer's instructions, the distributor or dealer may sell, or
lease or offer for sale or lease the manufactured home in question,
provided that the distributor or dealer, acting as a reasonable
distributor or dealer knows that the manufactured home conforms to the
standards. A distributor or dealer and a manufacturer, at the
manufacturer's option, may agree in advance that the distributor or
dealer is authorized to make such corrections as the manufacturer
believes are within the expertise of the dealer.
(d) If the corrections made under paragraphs (b) and (c) of this
section do not bring the manufactured home into conformance or correct
the imminent safety hazard, the provisions of Sec. 3282.415 will
continue in effect prior to completion of the sales transaction.
[[Page 219]]
Sec. 3282.254 Distributor and dealer alterations.
(a) If a distributor or dealer alters a manufactured home in such a
way as to create an imminent safety hazard or to create a condition
which causes a failure to conform with applicable Federal standards, the
manufactured home affected may not be sold, leased, or offered for sale
or lease.
(b) After correction by the distributor or dealer of the failure to
conform or imminent safety hazard, the corrected manufactured home may
be sold, leased, or offered for sale or lease.
(c) Distributors and dealers shall maintain complete records of all
alterations made under paragraphs (a) and (b) of this section.
Sec. 3282.255 Completion of information card.
(a) Whenever a distributor or dealer sells a manufactured home
subject to the standards to a purchaser, the distributor or dealer shall
fill out the card with information provided by the purchaser and shall
send the card to the manufacturer. (See Sec. 3282.211.)
(b) Whenever a distributor or dealer sells a manufactured home to an
owner which was originally manufactured under the standards, the
distributor or dealer shall similarly use one of the detachable cards
which was originally provided with the manufactured home. If such a card
is no longer available, the distributor or dealer shall obtain the
information which the card would require and send it to the manufacturer
of the manufactured home in an appropriate format.
Sec. 3282.256 Distributor or dealer complaint handling.
(a) When a distributor or dealer believes that a manufactured home
in its possession which it has not yet sold to a purchaser contains an
imminent safety hazard, serious defect, defect, or noncompliance, the
distributor or dealer shall refer the matter to the manufacturer for
remedial action under Sec. 3282.415. If the distributor or dealer is not
satisfied with the action taken by the manufacturer, it may refer the
matter to the SAA in the state in which the manufactured home is
located, or to the Secretary if there is no such SAA.
(b) Where a distributor or dealer receives a consumer complaint or
other information concerning a manufactured home sold by the distributor
or dealer, indicating the possible existence of an imminent safety
hazard, serious defect, defect, or noncompliance in the manufactured
home, the distributor or dealer shall refer the matter to the
manufacturer.
Subpart G--State Administrative Agencies
Sec. 3282.301 General--scope.
This subpart sets out procedures to be followed and requirements to
be met by States which wish to participate as State Administrative
Agencies (SAA) under the Federal standards enforcement program.
Requirements relating to States which wish to participate as primary
inspection agencies under the Federal standards enforcement program are
set out in subpart H of this part. Requirements which States must meet
in order to receive full or conditional approval as SAAs and the
responsibilities of such agencies are set out in Sec. 3282.302.
Reporting requirements for approved and conditionally approved SAAs are
set out in subpart L.
Sec. 3282.302 State plan.
A State wishing to qualify and act as a SAA under this subpart shall
make a State Plan Application under this section. The State Plan
Application shall be made to the Director, Manufactured Housing
Standards Division, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410, and shall include:
(a) An original and one copy of a cover sheet which shall show the
following:
(1) The name and address of the State agency designated as the sole
agency responsible for administering the plan throughout the State,
(2) The name of the administrator in charge of the agency,
(3) The name, title, address, and phone number of the person
responsible for handling consumer complaints concerning standards
related problems in
[[Page 220]]
manufactured homes under subpart I of this part,
(4) A list of personnel who will carry out the State plan,
(5) The number of manufactured home manufacturing plants presently
operating in the State,
(6) The estimated total number of manufactured homes manufactured in
the State per year,
(7) The estimated total number of manufactured homes set up in the
State per year, and
(8) A certification signed by the administrator in charge of the
designated State agency stating that, if it is approved by the
Secretary, the State plan will be carried out in full, and that the
regulations issued under the Act shall be followed,
(b) An original and one copy of appropriate materials which:
(1) Demonstrate how the designated State agency shall ensure
effective handling of consumer complaints and other information referred
to it that relate to noncompliances, defects, serious defects or
imminent safety hazards as set out in subpart I of this part, including
the holding of Formal and Informal Presentations of Views and the
fulfilling of all other responsibilities of SAAs as set out in this
subpart G,
(2) Provide that personnel of the designated agency shall, under
State law or as agents of HUD, have the right at any reasonable time to
enter and inspect all factories, warehouses, or establishments in the
State in which manufactured homes are manufactured,
(3) Provide for the imposition under State authority of civil and
criminal penalties which are identical to those set out in section 611
of the Act, 42 U.S.C. 5410 except that civil penalties shall be payable
to the State rather than to the United States,
(4) Provide for the notification and correction procedures under
subpart I of this part where the State Administrative Agency is to act
under that subpart by providing for and requiring approval by the State
Administrative Agency of the plan for notification and correction
described in Sec. 3282.410, including approval of the number of units
that may be affected and the proposed repairs, and by providing for
approval of corrective actions where appropriate under subpart I,
(5) Provide for oversight by the SAA of:
(i) Remedial actions carried out by manufacturers for which the SAA
approved the plan for notification or correction under Sec. 3282.405, or
Sec. 3282.407, or for which the SAA has waived formal notification under
Sec. 3282.405 or Sec. 3282.407, and
(ii) A manufacturer's handling of consumer complaints and other
information under Sec. 3282.404 as to plants located within the State,
(6) Provide for the setting of monitoring inspection fees in
accordance with guidelines established by the Secretary and provide for
participation in the fee distribution system set out in Sec. 3282.307.
(7) Contain satisfactory assurances in whatever form is appropriate
under State law that the designated agency has or will have the legal
authority necessary to carry out the State plan as submitted for full or
conditional approval,
(8) Contain satisfactory assurances that the designated agency has
or will have, in its own staff or provided by other agencies of the
state or otherwise, the personnel, qualified by education or experience
necessary to carry out the State plan,
(9) Include the resumes of administrative personnel in policy making
positions and of all inspectors and engineers to be utilized by the
designated agency in carrying out the State plan,
(10) Include a certification that none of the personnel who may be
involved in carrying out the State plan in any way are subject to any
conflict of interest of the type discussed in Sec. 3282.359 or
otherwise, except that members of councils, committees, or similar
bodies providing advice to the designated agency are not subject to the
requirement,
(11) Include an estimate of the cost to the State of carrying out
all activities called for in the State plan, under this section and
Sec. 3282.303, which estimate shall be broken down by particular
function and indicate the correlation between the estimate and the
number of manufactured homes manufactured
[[Page 221]]
in the State and the number of manufactured homes imported into the
State, and the relationship of these factors to any fees currently
charged and any fees charged during the preceding two calendar years. A
description of all current and past State activities with respect to
manufactured homes shall be included with this estimate.
(12) Give satisfactory assurances that the State shall devote
adequate funds to carrying out its State plan,
(13) Indicate that State Law requires manufacturers, distributors,
and dealers in the State to make reports pursuant to section 614 of the
Act 42 U.S.C. 5413 and this chapter of these regulations in the same
manner and to the same extent as if the State plan were not in effect,
(14) Provide that the designated agency shall make reports to the
Secretary as required by subpart L of this part in such form and
containing such information as the Secretary shall from time to time
require,
(c) A state plan may be granted conditional approval if all of the
requirements of Sec. 3282.302 (a) and (b) are met except paragraphs
(b)(2), (b)(3), (b)(6) or (b)(13). When conditional approval is given,
the state shall not be considered approved under section 623 of the Act,
42 U.S.C. 5422, but it will participate in all phases of the program as
called for in its State plan. Conditional approval shall last for a
maximum of five years, by which time all requirements shall be met for
full approval, or conditional approval shall lapse. However, the
Secretary may for good cause grant an extension of conditional approval
upon petition by the SAA.
(d) If a State wishes to discontinue participation in the Federal
enforcement program as an SAA, it shall provide the Secretary with a
minimum of 90 days notice.
(e) Exclusive IPIA status. (1) A State that wishes to act as an
exclusive IPIA under Sec. 3282.352 shall so indicate in its State Plan
and shall include in the information provided under paragraph (b)(11) of
this section the fee schedule for the State's activities as an IPIA and
the relationship between the proposed fees and the other information
provided under paragraph (b)(11) of this section. If the Secretary
determines that the fees to be charged by a State acting as an IPIA are
unreasonable, the Secretary shall not grant the State status as an
exclusive IPIA.
(2) The State shall also demonstrate in its State Plan that it has
the present capability to act as an IPIA for all plants operating in the
State.
[41 FR 19852, May 13, 1976, as amended at 47 FR 5888, Feb. 9, 1982; 51
FR 34468, Sept. 29, 1986; 61 FR 10860, Mar. 15, 1996]
Sec. 3282.303 State plan--suggested provisions.
The following are not required to be included in the State plan, but
they are urged as necessary to provide full consumer protection and
assurances of manufactured home safety:
(a) Provision for monitoring of dealers' lots within the State for
transit damage, seal tampering, and dealer performance generally,
(b) Provision of approvals of all alterations made to certified
manufactured homes by dealer in the State. Under this program, the State
would assure that alterations did not result in the failure of the
manufactured home to comply with the standards.
(c) Provision for monitoring of the installation of manufactured
homes set up in the State to assure that the homes are properly
installed and, where necessary, tied down,
(d) Provision for inspection of used manufactured homes and
requirements under State authority that used manufactured homes meet a
minimal level of safety and durability at the time of sale, and,
(e) Provision for regulation of manufactured home transportation
over the road to the extent that such regulation is not preempted by
Federal authority.
Sec. 3282.304 Inadequate State plan.
If the Secretary determines that a State plan submitted under this
subpart is not adequate, the designated State agency shall be informed
of the additions and corrections required for approval. A revised State
plan shall be submitted within 30 days of receipt of such determination.
If the revised State plan is inadequate or if the State fails to
resubmit within the 30 day period or otherwise indicates that it does
[[Page 222]]
not intend to change its State plan as submitted, the Secretary shall
notify the designated State agency that the State plan is not approved
and that it has a right to a hearing on the disapproval in accordance
with subpart D of this part.
Sec. 3282.305 State plan approval.
The Secretary's approval or conditional approval of a State plan
Application shall qualify that State to perform the functions for which
it has been approved.
Sec. 3282.306 Withdrawal of State approval.
The Secretary shall, on the basis of reports submitted by the State,
and on the basis of HUD monitoring, make a continuing evaluation of the
manner in which each State is carrying out its State plan and shall
submit the reports of such evaluation to the appropriate committees of
the Congress. Whenever the Secretary finds, after affording due notice
and opportunity for a hearing in accordance with subpart D of this part,
that in the administration of the State program there is a failure to
comply substantially with any provision of the State plan or that the
State plan has become inadequate, the Secretary shall notify the State
of withdrawal of approval or conditional approval of the State program.
The State program shall cease to be in effect at such time as the
Secretary may establish.
Sec. 3282.307 Monitoring inspection fee establishment and distribution.
(a) Each approved State shall establish a monitoring inspection fee
in an amount required by the Secretary. This fee shall be an amount paid
by each manufactured home manufacturer in the State for each
transportable section of each manufactured housing unit produced by the
manufacturer in that State. In non-approved and conditionally-approved
States, the fee shall be set by the Secretary.
(b) The monitoring inspection fee shall be paid by the manufacturer
to the Secretary or to the Secretary's Agent, who shall distribute a
portion of the fees collected from all manufactured home manufacturers
among the approved and conditionally-approved States in accordance with
an agreement between the Secretary and the States and based upon the
following formula:
(1) $9.00 of the monitoring inspection fee collected for each
transportable section of each new manufactured housing unit that, after
leaving the manufacturing plant, is first located on the premises of a
dealer, distributor, or purchaser in that State; plus
(2) $2.50 of the monitoring inspection fee collected for each
transportable section of each new manufactured housing unit produced in
a manufacturing plant in that State.
(c) A portion of the monitoring inspection fee collected also shall
be distributed by the Secretary or the Secretary's Agent based on the
extent of participation of the State in the Joint Team Monitoring
Program set out in Sec. 3282.308.
(d) To assure that a State devotes adequate funds to carry out its
State Plan, a State may impose an additional reasonable inspection fee
to offset expenses incurred by that State in conducting inspections.
Such fee shall not exceed that amount which is the difference between
the amount of funds distributed to the State as provided in paragraph
(b) of this section and the amount necessary to cover the costs of
inspections. Such fee shall be part of the State Plan pursuant to
Sec. 3282.302(b) (11) and (12) and shall be subject to the approval of
the Secretary pursuant to Sec. 3282.305.
(e) The Secretary may establish by notice in the Federal Register a
monitoring inspection fee which is to be paid by manufacturers for each
transportable section of each manufactured housing unit manufactured in
nonapproved and conditionally approved States as described in
Sec. 3282.210. To determine the amount of the inspection fee to be paid
for each transportable section of each manufactured home, the Secretary
shall divide the (estimated) number of transportable sections of
manufactured homes (based on recent industry production figures) into
the anticipated aggregate cost of conducting the inspection program in
the foreseeable feature. The time period selected for projecting the
Department's inspection-related costs and
[[Page 223]]
number of transportable sections need not always be the same, but must
be for a period of sufficient duration to provide for access to
reasonable underlying data. To determine the aggregate cost of
conducting the inspection program, the Secretary shall calculate the sum
necessary to support:
(1) Inspection-related activities of State Administrative Agencies;
(2) Inspection-related activities performed by the Department of
Housing and Urban Development;
(3) Inspection-related activities performed by monitoring inspection
contractors;
(4) Miscellaneous activities involving the performance of
inspection-related activities by the Department, including on-site
inspections on an ad hoc basis; and
(5) Maintenance of adequate funds to offset short-term fluctuations
in costs that do not warrant revising the fee under the authority of
this section.
(f) The Secretary may at any time revise the amount of the fees
established under paragraph (a) or (e) of this section by placing a
notice of the amount of the revised fee in the Federal Register.
[50 FR 28398, July 12, 1985, as amended at 56 FR 65186, Dec. 16, 1991]
Sec. 3282.308 State participation in monitoring of primary inspection agencies.
(a) An SAA may provide personnel to participate in joint team
monitoring of primary inspection agencies as set out in subpart J. If an
SAA wishes to do so, it must include in its State plan a list of what
personnel would be supplied for the teams, their qualifications, and how
many person-years the State would supply. All personnel will be subject
to approval by the Secretary or the Secretary's agent. A person-year is
2,080 hours of work.
(b) If an SAA wishes to monitor the performance of primary
inspection agencies acting within the State, it must include in its
State plan a description of how extensively, how often, and by whom this
will be carried out. This monitoring shall be coordinated by the
Secretary, or the Secretary's agent with monitoring carried out by joint
monitoring teams, and in no event shall an SAA provide monitoring where
the State is also acting as a primary inspection agency.
Sec. 3282.309 Formal and informal presentations of views held by SAAs.
(a) When an SAA is the appropriate agency to hold a Formal or
Informal Presentation of Views under Sec. 3282.407 of subpart I, the SAA
shall follow the procedures set out in Sec. Sec. 3282.152 and 3282.153,
with the SAA acting as the Secretary otherwise would under that section.
Where Sec. 3282.152 requires publication of notice in the Federal
Register, the SAA shall, to the maximum extent possible, provide
equivalent notice throughout the State by publication in the newspaper
or newspapers having State-wide coverage or otherwise. The determination
of whether to provide an Informal Presentation of Views under
Sec. 3282.152(f), or a Formal Presentation of Views under
Sec. 3282.152(g), is left to the SAA.
(b) Notwithstanding the provisions of Sec. 3282.152(f)(2) and (g)(2)
relating to the conclusive effect of a final determination, any party,
in a proceeding held at an SAA under this section, including
specifically the owners of affected manufactured homes, States in which
affected manufactured homes are located, consumer groups representing
affected owners and manufacturers (but limited to parties with similar
substantial interest) may appeal to the Secretary in writing any Final
Determination by an SAA which is adverse to the interest of that party.
This appeal on the record shall be made within 30 days of the date on
which the Final Determination was made by the SAA.
[41 FR 19852, May 13, 1976, as amended at 51 FR 34468, Sept. 29, 1986]
Subpart H--Primary Inspection Agencies
Sec. 3282.351 General.
(a) This subpart sets out the requirements which must be met by
States or private organizations which wish to qualify as primary
inspection agencies under these regulations. It also sets out the
various functions which will be carried out by primary inspection
agencies.
[[Page 224]]
(b) There are four basic functions which are performed by primary
inspection agencies:
(1) Approval of the manufacturer's manufactured home design to
assure that it is in compliance with the standard;
(2) Approval of the manufacturer's quality control program to assure
that it is compatible with the design;
(3) Approval of the manufacturer's plant facility and manufacturing
process to assure that the manufacturer can perform its approved quality
control program and can produce manufactured homes in conformance with
its approved design, and
(4) Performance of ongoing inspections of the manufacturing process
in each manufacturing plant to assure that the manufacturer is
continuing to perform its approved quality control program and, with
respect to those aspects of manufactured homes inspected, is continuing
to produce manufactured homes in performance with its approved designs
and in conformance with the standards (see Sec. 3282.362(c)(1)).
(c) There are two types of primary inspection agencies which perform
these functions:
(1) Those which approve designs and quality control programs (Design
Approval Primary Inspection Agencies--DAPIAs) and
(2) Those which approve plants and perform ongoing inspections in
the manufacturing plants (Production Inspection Primary Inspection
Agencies--IPIAs).
(d) States and private organizations whose submissions under this
subpart are acceptable shall be granted provisional acceptance. Final
acceptance shall be conditioned upon adequate performance, which will be
determined through monitoring of the actions of the primary inspection
agencies. Monitoring of all primary inspection agencies shall be carried
out as set out in subpart J. HUD accepted agencies can perform DAPIA
functions for any manufacturer in any State and IPIA functions in any
State except those in which the State has been approved to act as the
exclusive IPIA under Sec. 3282.352.
(e) Primary inspection agencies approved under this subpart may
contract with manufactured home manufacturers (see Sec. 3282.202) to
provide the services set out in this subpart. Any PIA which charges fees
which are excessive in relation to the services rendered shall be
subject to disqualification under Sec. 3282.356.
Sec. 3282.352 State exclusive IPIA functions.
(a) Any State which has an approved State Administrative Agency may,
if accepted as an IPIA, act as the exclusive IPIA within the State. A
State which acts as an IPIA but is not approved as an SAA may not act as
the exclusive IPIA in the State. A State which acts as an exclusive IPIA
shall be staffed to provide IPIA services to all manufacturers within
the state and may not charge unreasonable fees for those services.
(b) States which wish to act as exclusive IPIAs shall apply for
approval to do so in their State plan applications. They shall specify
the fees they will charge for IPIA services and shall submit proposed
fee revisions to the Secretary prior to instituting any change in fees.
If at any time the Secretary finds that those fees are not commensurate
with the fees generally being charged for similar services, the
Secretary will withhold or revoke approval to act as an exclusive IPIA.
States acting as DAPIAs and also as exclusive IPIAs shall establish
separate fees for the two functions and shall specify what additional
services (such as approval of design changes and full time inspections)
these fees cover. As provided in Sec. 3282.302(b)(11), each State shall
submit fee schedules for its activities and, where appropriate, the fees
presently charged for DAPIA and IPIA services, and any fees charged for
DAPIA and IPIA services during the preceding two calendar years.
(c) A State's status as an exclusive IPIA shall commence upon
approval of the State Plan Application and acceptance of the State's
submission under Sec. 3282.355. Where a private organization accepted or
provisionally accepted as an IPIA under this subpart H is operating in a
manufacturing plant within the State on the date the State's status
[[Page 225]]
as an exclusive IPIA commences, the private organization may provide
IPIA services in that plant for 90 days after that date.
[61 FR 10861, Mar. 15, 1996]
Sec. 3282.353 Submission format.
States and private organizations which wish to act as primary
inspection agencies shall submit to the Director, Manufactured Housing
Standards Division, Department of Housing and Urban Development, 451
Seventh St. SW., Washington, DC 20410, an application which includes the
following:
(a) A cover sheet which shall show the following:
(1) Name and address of the party making the application;
(2) The capacity (DAPIA, IPIA) in which the party wishes to be
approved to act;
(3) A list of the key personnel who will perform the various
functions required under these regulations;
(4) The number of manufactured home manufacturers and manufacturing
plants for which the submitting party proposes to act in each of the
capacities for which it wishes to be approved to act;
(5) The estimated total number of manufactured homes produced by
those manufacturers and in those plants per year;
(6) The number of years the proposed primary inspection agency has
been actively engaged in the enforcement of manufactured home standards;
and
(7) A certification by the party applying that it will follow the
Federal manufactured home construction and safety standards set out at
24 CFR part 3280 and any interpretations of those standards which may be
made by the Secretary.
(b) A detailed schedule of fees to be charged broken down by the
services for which they will be charged.
(c) A detailed description of how the submitting party intends to
carry out all of the functions for which it wishes to be approved under
this subpart, with appropriate cross-references to sections of this
subpart, including examples and complete descriptions of all reports,
tests, and evaluations which the party would be required to make. Where
appropriate, later sections of this subpart identify particular items
which must be included in the submission. The Secretary may request
further detailed information, when appropriate.
(d) A party wishing to be approved as a DAPIA shall submit a copy of
a manufactured home design that it has approved (or if it has not
approved a design, one that it has evaluated and a deviation report
showing where the design is not in conformance with the standards) and a
copy of a quality assurance manual that it has approved (or if it was
not approved a manual, one that it has evaluated and a deviation report
showing where the manual is inadequate).
(e) A party wishing to be approved as an IPIA shall submit a copy of
a certification report which it has prepared for a manufactured home
plant or, if it has not prepared such a report, an evaluation of a
manufacturing plant which it has inspected with a description of what
changes shall be made before a certification report can be issued. A
party that has not previously inspected manufactured homes may
nevertheless be accepted on the basis of the qualifications of its
personnel and its commitment to perform the required functions.
[41 FR 19852, May 13, 1976, as amended at 61 FR 10861, Mar. 15, 1996]
Sec. 3282.354 Submittal of false information or refusal to submit information.
The submittal of false information or the refusal to submit
information required under this subpart may be sufficient cause for the
Secretary to revoke or withhold acceptance.
Sec. 3282.355 Submission acceptance.
(a) A party whose submission is determined by the Department to be
adequate shall be granted provisional acceptance until December 15,
1976, or for a six month period from the date of such determination,
whichever is later.
(b) Final acceptance of a party to act as a primary inspection
agency will be contingent upon adequate performance during the period of
provisional acceptance as determined through monitoring carried out
under subpart J and upon satisfactory acceptance under
[[Page 226]]
Sec. 3282.361(e) or Sec. 3282.362(e). Final acceptance shall be withheld
if performance is inadequate.
(c) Continued acceptance as a primary inspection agency shall be
contingent upon continued adequacy of performance as determined through
monitoring carried out under subpart J. If the Secretary determines that
a primary inspection agency that has been granted final acceptance is
performing inadequately, the Secretary shall suspend the acceptance, and
the primary inspection agency shall be entitled to a Formal or Informal
Presentation of Views as set out in subpart D of this part.
[41 FR 19852, May 13, 1976, as amended at 51 FR 34468, Sept. 29, 1986;
61 FR 10861, Mar. 15, 1996]
Sec. 3282.356 Disqualification and requalification of primary inspection agencies.
(a) The Secretary, based on monitoring reports or on other reliable
information, may determine that a primary inspection agency which has
been accepted under this subpart is not adequately carrying out one or
more of its required functions. In so determining, the Secretary shall
consider the impact of disqualification on manufacturers and other
affected parties and shall seek to assure that the manufacturing process
is not disrupted unnecessarily. Whenever the Secretary disqualifies a
primary inspection agency under this section, the primary inspection
agency shall have a right to a Formal or Informal Presentation of Views
under subpart D of this part.
(b) Interested persons may petition the Secretary to disqualify a
primary inspection agency under the provisions of Sec. 3282.156(b).
(c) A primary inspection agency which has been disqualified under
paragraph (a) may resubmit an application under Sec. 3282.353. The
submission shall include a full explanation of how problems or
inadequacies which resulted in disqualifications have been rectified and
how the primary inspection agency shall assure that such problems shall
not recur.
(d) When appropriate, the Secretary shall publish in the Federal
Register or otherwise make available to the public for comment a
disqualified PIA's application for requalification, subject to the
provisions of Sec. 3282.54.
(e) Both provisional and final acceptance of any IPIA (or DAPIA)
automatically expires at the end of any period of one year during which
it has not acted as an IPIA (or DAPIA). An IPIA (or DAPIA) has not acted
as such unless it has actively performed its services as an IPIA (or
DAPIA) for at least one manufacturer by which it has been selected. An
IPIA (or DAPIA) whose acceptance has expired pursuant to this section
may resubmit an application under Sec. 3282.353 in order to again be
qualified as an IPIA (or DAPIA), when it can show a bona fide prospect
of performing IPIA (or DAPIA) services.
[41 FR 19852, May 13, 1976, as amended at 45 FR 59311, Sept. 9, 1980; 51
FR 34468, Sept. 29, 1986]
Sec. 3282.357 Background and experience.
All private organizations shall submit statements of the
organizations' experience in the housing industry, including a list of
housing products, equipment, and structures for which evaluation,
testing and follow-up inspection services have been furnished. They
shall also submit statements regarding the length of time these services
have been provided by them. In addition, all such submissions shall
include a list of other products for which the submitting party provides
evaluation, inspection, and listing or labeling services and the
standard applied to each product, as well as the length of time it has
provided these additional services.
Sec. 3282.358 Personnel.
(a) Each primary inspection agency shall have qualified personnel
capable of carrying out all of the functions for which the primary
inspection agency is seeking to be approved or disapproved. Where a
State intends to act as the exclusive IPIA in the State, it shall show
that it has adequate personnel to so act in all plants in the State.
(b) Each submission shall indicate the total number of personnel
employed by the submitting party, the number of personnel available for
this
[[Page 227]]
program, and the locations of the activities of the personnel to be used
in the program.
(c) Each submission shall include the names and qualifications of
the administrator and the supervisor who will be directly responsible
for the program, and resumes of their experience.
(d) Each submission shall contain the information set out in
paragraphs (d)(1) through (d)(9) of this section. Depending upon the
functions (DAPIA or IPIA) to be undertaken by a particular primary
inspection agency, some of the categories of personnel listed may not be
required. In such cases, the submission should indicate which of the
categories of information are not required and explain why they are not
needed. The submission should identify which personnel will carry out
each of the functions the party plans to perform. The qualifications of
the personnel to perform one or more of the functions will be judged in
accordance with the requirements of ASTM Standard E-541 except that the
requirement for registration as a professional engineer or architect may
be waived for personnel whose qualifications by experience or education
equal those of a registered engineer or architect. The categories of
personnel to be included in the submission are as follows:
(1) The names of engineers practicing structural engineering who
will be involved in the evaluation, testing, or followup inspection
services, and resumes of their experience.
(2) The names of engineers practicing mechanical engineering who
will be involved in the evaluation, testing, or followup, inspection
services and resumes of their experience.
(3) The names of engineers practicing electrical engineering who
will be involved in the evaluation, testing, or followup inspection
services and resumes of their experience.
(4) The names of engineers practicing fire protection engineering
who will be involved in the evaluation, testing, or followup inspection
services, and resumes of their experience.
(5) The names of all other engineers assigned to this program, the
capacity in which they will be employed, and resumes of their
experience.
(6) The names of all full-time and part-time consulting architects
and engineers, their registration, and resumes of their experience.
(7) The names of inspectors and other technicians along with resumes
of experience and a description of the type of work each will perform.
(8) A general outline of the applicant agency's training program for
assuring that all inspectors and other technicians are properly trained
to do each specific job assigned.
(9) The names and qualifications of individuals serving on advisory
panels that assist the applicant agency in making its policies conform
with the public interest in the field of public health and safety.
(e) All information required by this section shall be kept current.
The Secretary shall be notified of any change in personnel or management
or change of ownership or State jurisdiction within 30 days of such
change.
Sec. 3282.359 Conflict of interest.
(a) All submissions by private organizations shall include a
statement that the submitting party is independent in that it does not
have any actual or potential conflict of interest and is not affiliated
with or influenced or controlled by any producer, supplier, or vendor of
products in any manner which might affect its capacity to render reports
of findings objectively and without bias.
(b) A private organization shall be judged to be free of conflicting
affiliation, influence, and control if it demonstrates compliance with
all of the following criteria:
(1) It has no managerial affiliation with any producer, supplier, or
vendor of products for which it performs PIA services, and is not
engaged in the sale or promotion of any such product or material;
(2) The results of its work do not accrue financial benefits to the
organization via stock ownership of any producer, supplier or vendor of
the products involved;
(3) Its directors and other management personnel and its engineers
and inspectors involved in certification activities hold no stock in and
receive no
[[Page 228]]
stock option or other benefits, financial, or otherwise, from any
producer, supplier, or vendor of the product involved, other than
compensation under Sec. 3282.202 of this part;
(4) The employment security status of its personnel is free of
influence or control of any producer, supplier, or vendor, and
(5) It does not perform design or quality assurance manual approval
services for any manufacturer whose design or manual has been created or
prepared in whole or in part by engineers of its organization or
engineers of any affiliated organization.
(c) All submissions by States shall include a statement that
personnel who will be in any way involved in carrying out the State plan
or PIA function are free of any conflict of interest except that with
respect to members of councils, committees or similar bodies providing
advice to the designated agency are not subject to this requirement.
Sec. 3282.360 PIA acceptance of product certification programs or listings.
In determining whether products to be included in a manufactured
home are acceptable under the standards set out in part 3280 of 24 CFR,
all PIAs shall accept all product verification programs, labelings, and
listings unless the PIA has reason to believe that a particular
certification is not acceptable, in which case, the PIA shall so inform
the Secretary and provide the Secretary with full documentation and
information on which it bases its belief. Pending a determination by the
Secretary, the PIA shall provisionally accept the certification. The
Secretary's determination shall be binding on all PIAs.
Sec. 3282.361 Design Approval Primary Inspection Agency (DAPIA).
(a) General. (1) The DAPIA selected by a manufacturer under
Sec. 3282.203 shall be responsible for evaluating all manufactured home
designs submitted to it by the manufacturer and for assuring that they
conform to the standards. It shall also be responsible for evaluating
all quality control programs submitted to it by the manufacturer by
reviewing the quality assurance manuals in which the programs are set
out to assure that the manuals reflect programs which are compatible
with the designs to be followed and which commit the manufacturer to
make adequate inspections and tests of every part of every manufactured
home produced.
(2) A design or quality assurance manual approved by a DAPIA shall
be accepted by all IPIAs acting under Sec. 3282.362 who deal with the
design, quality assurance manual, or manufactured homes built to them,
and by all other parties, as, respectively, being in conformance with
the Federal standards or as providing for adequate quality control to
assure conformance. However, each design and quality assurance manual is
subject to review and verification by the Secretary or the Secretary's
agent at any time.
(b) Designs. (1) In evaluating designs for compliance with the
standards, the DAPIA will not allow any deviations from accepted
engineering practice standards for design calculations or any deviations
from accepted test standards, except that the DAPIA, for good cause, may
request the Secretary to accept innovations which are not yet accepted
practices. Acceptances by the Secretary shall be published in the form
of interpretative bulletins, where appropriate.
(2) The DAPIA shall require the manufacturer to submit floor plans
and specific information for each manufactured home design or variation
which the DAPIA is to evaluate. It shall also require the submission of
drawings, specifications, calculations, and test records of the
structural, electrical and mechanical systems of each such manufactured
home design or variation. The manufacturer need not supply duplicate
information where systems are common to several floor plans. Each DAPIA
shall develop and carry out procedures for evaluating original
manufactured home designs by requiring manufacturers to submit necessary
drawings and calculations and carry out such verifications and
calculations as it deems necessary. Where compliance with the standards
cannot be determined on the basis of drawings and calculations, the
DAPIA shall require any necessary tests to be carried out at
[[Page 229]]
its own facility, at separate testing facilities or at the
manufacturer's plant.
(3) Design deviation report. After evaluating the manufacturer's
design, the DAPIA shall furnish the manufacturer with a design deviation
report which specifies in detail, item by item with appropriate
citations to the standards, the specific deviations in the
manufacturer's design which must be rectified in order to produce
manufactured homes which comply with the standards. The design deviation
report may acknowledge the possibility of alternative designs, tests,
listings, and certifications and state the conditions under which they
will be acceptable. The design deviation report shall, to the extent
practicable, be complete for each design evaluated in order to avoid
repeated rejections and additional costs to the manufacturer.
(4) Design approval. The DAPIA shall signify approval of a design by
placing its stamp of approval or authorized signature on each drawing
and each sheet of test results. The DAPIA shall clearly cross-reference
the calculations and test results to applicable drawings. The DAPIA may
require the manufacturer to do the cross-referencing if it wishes. It
shall indicate on each sheet how any deviations from the standards have
been or shall be resolved. Within 5 days after approving a design, the
DAPIA shall forward a copy of the design to the manufacturer and the
Secretary or the Secretary's agent (prior to the effective date of the
standards the latter copy shall go to the Secretary.)
The DAPIA shall maintain a complete up-to-date set of approved designs
and design changes approved under paragraph (b)(5) of this section which
it can duplicate and copies of which it can furnish to interested
parties as needed when disputes arise.
(5) Design change approval. The DAPIA shall also be responsible for
approving all changes which a manufacturer wishes to make in a design
approved by the DAPIA. In reviewing design changes, the DAPIA shall
respond as quickly as possible to avoid disruption of the manufacturing
process. Within 5 days after approving a design change, the DAPIA shall
forward a copy of this change to the manufacturer and the Secretary or
the Secretary's agent as set out in paragraph (b)(4) of this section to
be included in the design to which the change was made.
(c) Quality assurance manuals. (1) In evaluating a quality assurance
manual, the DAPIA shall identify any aspects of designs to be
manufactured under the manual which require special quality control
procedures. The DAPIA shall determine whether the manual under which a
particular design is to be manufactured reflects those special
procedures, and shall also determine whether the manuals which it
evaluates provide for such inspections and testing of each manufactured
home so that the manufacturer, by following the manual, can assure that
each manufactured home it manufactures will conform to the standards.
The manual shall, at a minimum, include the information set out in
Sec. 3282.203(c).
(2) Manual deviation report. After evaluating a manufacturer's
quality assurance manual, the DAPIA shall furnish the manufacturer with
a manual deviation report which specifies in detail any changes which a
manufacturer must make in order for the quality assurance manual to be
acceptable. The manual deviation report shall, to the extent
practicable, be complete for each design in order to avoid repeated
rejections and additional costs to the manufacturer.
(3) Manual approval. The DAPIA shall signify approval of the
manufacturer's quality assurance manual by placing its stamp of approval
or authorized signature on the cover page of the manual. Within 5 days
of approving a quality assurance manual, the DAPIA shall forward a copy
of the quality assurance manual to the manufacturer and the Secretary or
the Secretary's agent (prior to the effective date of the standards, the
latter copy shall go to the Secretary). The DAPIA shall maintain a
complete up-to-date set of approved manuals and manual changes approved
under paragraph (c)(4) of this section which it can duplicate and copies
of which it can furnish to interested parties as needed when disputes
arise.
(4) Manual change approval. Each change the manufacturer wishes to
make in its quality assurance manual
[[Page 230]]
shall be approved by the DAPIA. Within 5 days after approving a manual
change, the DAPIA shall forward a copy of the change to the manufacturer
and the Secretary or the Secretary's agent as set out in paragraph
(c)(3) of this section to be included in the manual to which the change
was made.
(d) Requirements for full acceptance--DAPIA. (1) Before granting
full acceptance to a DAPIA, the Secretary or the Secretary's agent shall
review and evaluate at least one complete design and one quality
assurance manual which has been approved by the DAPIA. These shall be
designs and manuals approved to the Federal standards, and they shall be
chosen at random from those approved by the DAPIA during the period of
provisional acceptance.
(2) If the Secretary determines that a design or quality assurance
manual shows an inadequate level of performance, the Secretary or the
Secretary's agent shall carry out further evaluations. If the Secretary
finds the level of performance to be unacceptable, the Secretary shall
not grant full acceptance. If full acceptance has not been granted by
the end of the provisional acceptance period, provisional acceptance
shall lapse unless the Secretary determines that the failure to obtain
full acceptance resulted from the fact that the Secretary or her agent
has not had adequate time in which to complete an evaluation.
[41 FR 19852, May 13, 1976, as amended at 61 FR 10861, Mar. 15, 1996]
Sec. 3282.362 Production Inspection Primary Inspection Agencies (IPIAs).
(a) General--(1) IPIA responsibilities. An IPIA selected by a
manufacturer under Sec. 3282.204 to act in a particular manufacturing
plant shall be responsible for assuring:
(i) That the plant is capable of following the quality control
procedures set out in the quality assurance manual to be followed in
that plant;
(ii) That the plant continues to follow the quality assurance
manual;
(iii) That any part of any manufactured home that it actually
inspects conforms with the design, or where the design is not specific
with respect to an aspect of the standards, to the standards;
(iv) That whenever it finds a manufactured home in production which
fails to conform to the design or where the design is not specific, to
the standards, the failure to conform is corrected before the
manufactured home leaves the manufacturing plant; and
(v) That if a failure to conform to the design, or where the design
is not specific, to the standards, is found in one manufactured home,
all other homes still in the plant which the IPIA's records or the
records of the manufacturer indicate might not conform to the design or
to standards are inspected and, if necessary, brought up to the
standards before they leave the plant.
(2) No more than one IPIA shall operate in any one manufacturing
plant, except that where a manufacturer decides to change from one IPIA
to another, the two may operate in the plant simultaneously for a
limited period of time to the extent necessary to assure a smooth
transition.
(b) Plant approval. (1) Each IPIA shall, with respect to each
manufacturing plant for which it is responsible, evaluate the quality
control procedures being followed by the manufacturer in the plant to
determine whether those procedures are consistent with and fulfill the
procedures set out in the DAPIA approved quality assurance manual being
followed in the plant. As part of this evaluation, and prior to the
issuance of any labels to the manufacturer, the IPIA shall make a
complete inspection of the manufacture of at least one manufactured home
through all of the operations in the manufacturer's plant. The purpose
of this initial factory inspection is to determine whether the
manufacturer is capable of producing manufactured homes in conformance
with the approved design and, to the extent the design is not specific
with respect to an aspect of the standards, with the standards and to
determine whether the manufacturer's quality control procedures as set
out in the quality assurance manual, plant equipment, and personnel,
will assure that such conformance continues. This inspection should be
made by one or
[[Page 231]]
more qualified engineers who have reviewed the approved design and by an
inspector who has been carefully briefed by the engineers on the
restrictive aspects of the design. The manufactured home shall be
inspected to the approved design for the home except that where the
design is not specific with respect to any aspect of the standards, the
inspection shall be to the standards as to that aspect of the
manufactured home. If the first manufactured home inspected fails to
conform to the design or, with respect to any aspect of the standards
not specifically covered by the design, to the standards, additional
units shall be similarly inspected until the IPIA is satisfied that the
manufacturer is conforming to the approved design, or where the design
is not specific with respect to any aspect of the standards, to the
standards and quality assurance manual.
(2) Certification report. If, on the basis of the initial
comprehensive factory inspection required by paragraph (b)(1) of this
section, the IPIA determines that the manufacturer is performing
adequately, the IPIA shall prepare and forward to the manufacturer, to
HUD, and to HUD's agent a certification report as described in this
paragraph (b)(2) of this section. The issuance of the certification
report is a prerequisite to the commencement of production surveillance
under paragraph (c) of this section in the plant for which the report is
issued. At the time the certification report is issued, the IPIA may
provide the manufacturer with a two to four week supply of labels to be
applied to manufactured homes produced in the plant. The IPIA shall
maintain a copy of each certification report which it issues.
(3) The certification report shall include:
(i) The name of the DAPIA which approved the manufacturer's design
and quality assurance manual and the dates of those approvals,
(ii) The names and titles of the IPIA engineers and inspectors who
performed the initial comprehensive inspection,
(iii) A full report of inspections made, serial numbers inspected,
any failures to comply which were observed, corrective actions taken,
and dates of inspections, and
(iv) A certification that at least one manufactured home has been
completely inspected in all phases of its production in the plant, that
the manufacturer is performing in conformance with the approved designs
and quality assurance manual and, to the extent the design is not
specific with respect to any aspects of the standards, with the
standards, and the IPIA is satisfied that the manufacturer can produce
manufactured homes in conformance with the designs, and where the
designs are not specific, with the standards on a continuing basis.
(4) Inadequate manufacturer performance. Where an IPIA determines
that the performance of a manufacturer is not yet adequate to justify
the issuance of a certification report and labels to the manufacturer,
the IPIA may label manufactured homes itself by using such of its
personnel as it deems necessary to perform complete inspections of all
phases of production of each manufactured home being produced and
labeling only those determined after any necessary corrections to be in
conformance with the design and, as appropriate, with the standards.
This procedure shall continue until the IPIA determines that the
manufacturer's performance is adequate to justify the issuance of a
certification report.
(c) Production surveillance. (1) After it has issued a certification
report under paragraph (b) of this section, the IPIA shall carry out
ongoing surveillance of the manufacturing process in the plant. The IPIA
shall be responsible for conducting representative inspections to assure
that the manufacturer is performing its quality control program pursuant
to and consistent with its approved quality assurance manual and to
assure that whatever part of a manufactured home is actually inspected
by the IPIA is fully in conformance with the design and, as appropriate
under paragraph (a)(1)(iii) of this section, with the standards before a
label is issued for or placed on that manufactured home. The
surveillance visits shall commence no later than that date on which the
IPIA determines they must commence so that the IPIA can
[[Page 232]]
assure that every manufactured home to be produced after the effective
date of the standards to which a label provided for in paragraph (c)(2)
of this section is affixed, is inspected in at least one stage of its
production. The frequency of subsequent visits to the plant shall
continue to be such that every manufactured home is inspected at some
stage in its production. In the course of each visit, the IPIA shall
make a complete inspection of every phase of production and of every
visible part of every manufactured home which is at each stage of
production. The inspection shall be made to the approved design except
where the design is not specific with respect to an aspect of the
standards, in which case the inspection of that aspect of the
manufactured home shall be made to the standards. The IPIA shall assure
that no label is placed on any manufactured home which it finds fails to
conform with the approved design or, as appropriate, the standards in
the course of these inspections and shall assure that no labels are
placed on other manufactured homes still in the plant which may also not
conform until those homes are inspected and if necessary corrected to
the design or the standards. If an IPIA finds a manufactured home that
fails to conform to the design, or as appropriate under paragraph
(a)(1)(iii) of this section, to the standards, the IPIA may, in addition
to withholding the label for the unit, proceed to red tag the home until
the failure to conform is corrected. Only the IPIA is authorized to
remove a red tag. When manufactured homes repeatedly fail to conform to
the design, or as appropriate under paragraph (a)(1)(iii) of this
section, to the standards in the same assembly station or when there is
evidence that the manufacturer is ignoring or not performing under its
approved quality assurance manual, the IPIA shall increase the frequency
of these inspections until it is satisfied that the manufacturer is
performing to its approved quality assurance manual. Failure to perform
to the approved manual justifies withholding labels until an adequate
level of performance is attained. As part of its function of assuring
quality control, the IPIA shall inspect materials in storage and test
equipment used by the manufacturer at least once a month, and more
frequently if unacceptable conditions are observed. With the prior
approval of the Secretary, an IPIA may decrease the frequency of any
inspections.
(2) Labeling--(i) Labels required. (A) The IPIA shall continuously
provide the manufacturer with a two- to four-week supply (at the
convenience of the IPIA and the manufacturer) of the labels described in
this subsection, except that no labels shall be issued for use when the
IPIA is not present if the IPIA is not satisfied that the manufacturer
can and is producing manufactured homes which conform to the design and,
as appropriate, to the standards. Where necessary, the IPIA shall
reclaim labels already given to the manufacturer. In no event shall the
IPIA allow a label to be affixed to a manufactured home if the IPIA
believes that the manufactured home fails to conform to the design, or,
where the design is not specific with respect to an aspect of the
standards, to the standards. Labels for such manufactured homes shall be
provided only after the failure to conform has been remedied, or after
the Secretary has determined that there is no failure to conform.
(B) A permanent label shall be affixed to each transportable section
of each manufactured home for sale or lease to a purchaser or lessor in
the United States in such a manner that removal will damage the label so
that it cannot be reused. This label is provided by the IPIA and is
separate and distinct from the data plate that the manufacturer is
required to provide under Sec. 3280.5.
(C) The label shall read as follows:
``As evidenced by this label No. ABC 000 001, the manufacturer
certifies to the best of the manufacturer's knowledge and belief that
this manufactured home has been inspected in accordance with the
requirements of the Department of Housing and Urban Development and is
constructed in conformance with the Federal Manufactured Home
Construction and Safety Standards in effect on the date of manufacture.
See data plate.''
(D) The label shall be 2 in. by 4 in. in size and shall be
permanently attached to the manufactured home by means of 4 blind
rivets, drive screws, or other
[[Page 233]]
means that render it difficult to remove without defacing it. It shall
be etched on .032 in. thick aluminum plate. The label number shall be
etched or stamped with a 3 letter IPIA designation which the Secretary
shall assign and a 6 digit number which the label supplier shall stamp
sequentially on labels supplied to each IPIA.
(E) The label shall be located at the tail-light end of each
transportable section of the manufactured home approximately one foot up
from the floor and one foot in from the road side, or as near that
location on a permanent part of the exterior of the manufactured home as
practicable. The roadside is the right side of the manufactured home
when one views the manufactured home from the tow bar end of the
manufactured home. It shall be applied to the manufactured home unit in
the manufacturing plant by the manufacturer or the IPIA, as appropriate.
(F) The label shall be provided to the manufacturer only by the
IPIA. The IPIA shall provide the labels in sequentially numbered series.
The IPIA may obtain labels from the Secretary or the Secretary's agent,
or where the IPIA obtains the prior approval of the Secretary, from a
label manufacturer. However, if the IPIA obtains labels directly from a
label supplier, those labels must be sequentially numbered without any
duplication of label numbers.
(G) Whenever the IPIA determines that a manufactured home which has
been labeled, but which has not yet been released by the manufacturer
may not conform to the design or, as appropriate under paragraph
(a)(1)(iii) of this section, to the standards, the IPIA by itself or
through an agent shall red tag the manufactured home. Where the IPIA
determines that a manufactured home which has been labeled and released
by the manufacturer, but not yet sold to a purchaser (as described in
Sec. 3282.252(b)) may not conform, the IPIA may, in its discretion,
proceed to red tag the manufactured home. Only the IPIA is authorized to
remove red tags, though it may do so through agents which it deems
qualified to determine that the failure to conform has been corrected.
Red tags may be removed when the IPIA is satisfied, through inspections,
assurances from the manufacturer, or otherwise, that the affected homes
conform.
(H) Labels that are damaged, destroyed, or otherwise made illegible
or removed shall be replaced by the IPIA, after determination that the
manufactured home is in compliance with the standards, by a new label of
a different serial number. The IPIA's labeling record shall be
permanently marked with the number of the replacement label and a
corresponding record of the replacement label.
(ii) Label control. The labels used in each plant shall be under the
direct control of the IPIA acting in that plant. Only the IPIA shall
provide the labels to the manufacturer. The IPIA shall assure that the
manufacturer does not use any other label to indicate conformance to the
standards.
(A) The IPIA shall be responsible for obtaining labels. Labels shall
be obtained from HUD or its agent, or with the approval of the
Secretary, from a label manufacturer. The labels shall meet the
requirements of this section. Where the IPIA obtains labels directly
from a label manufacturer, the IPIA shall be responsible for assuring
that the label manufacturer does not provide labels directly to the
manufacturer of manufactured homes. If the label manufacturer fails to
supply correct labels or allows labels to be released to parties other
than the IPIA, the IPIA shall cease dealing with the label manufacturer.
(B) The labels shall be shipped to and stored by the IPIA's at a
location which permits ready access to manufacturing plants under its
surveillance. The labels shall be stored under strict security and
inventory control. They shall be released only by the IPIA to the
manufacturer under these regulations.
(C) The IPIA shall be able to account for all labels which it has
obtained through the date on which the manufactured home leaves the
manufacturing plant, and it shall be able to identify the serial number
of the manufactured home to which each particular label is affixed.
[[Page 234]]
(D) The IPIA shall keep in its central record office a list of the
serial numbers of labels issued from the label producer to the IPIA and
by the IPIA to the manufacturing plant.
(E) Failure to maintain control of labels through the date the
manufactured home leaves the manufacturing plant and failure to keep
adequate records of which label is on which manufactured home shall
render the IPIA subject to disqualification under Sec. 3282.356.
(3) Data plate. (i) The IPIA shall assure that each manufactured
home produced in each manufacturing plant under its surveillance is
supplied with a data plate which meets the requirements of this section
and of Sec. 3280.5 of chapter XX of 24 CFR. The data plate shall be
furnished by the manufacturer and affixed inside the manufactured home
on or near the main electrical distribution panel. The data plate shall
contain the following information:
(A) The name and address of the manufacturing plant in which the
manufactured home was manufactured,
(B) The serial number and model designation of the unit and the date
the unit was manufactured,
(C) The statement ``This manufactured home is designed to comply
with the Federal Manufactured Home Construction and Safety Standards in
force at the time of manufacture.'',
(D) A list of major factory-installed equipment including the
manufacturer's name and the model designation of each appliance,
(E) Reference to the roof load zone and wind load zone for which the
home is designed and duplicates of the maps as set forth in
Sec. 3280.305. This information may be combined with the heating/cooling
certificate and insulation zone map required by Secs. 3280.510 and
3280.511. The Wind Zone Map on the Data Plate shall also contain the
statement:
This home has not been designed for the higher wind pressures and
anchoring provisions required for ocean/coastal areas and should not be
located within 1500' of the coastline in Wind Zones II and III, unless
the home and its anchoring and foundation system have been designed for
the increased requirements specified for Exposure D in ANSI/ASCE 7-88.
(F) The statement:
This home has ____ has not ____ (appropriate blank to be checked by
manufacturer) been equipped with storm shutters or other protective
coverings for windows and exterior door openings. For homes designed to
be located in Wind Zones II and III, which have not been provided with
shutters or equivalent covering devices, it is strongly recommended that
the home be made ready to be equipped with these devices in accordance
with the method recommended in the manufacturers printed instructions.
(G) The statement: ``Design Approval by'', followed by the name of
the agency that approved the design.
(ii) A copy of the data plate shall be furnished to the IPIA, and
the IPIA shall keep a permanent record of the data plate as part of its
labeling record so that the information is available during the life of
the manufactured home in case the data plate in the manufactured home is
defaced or destroyed.
(d) Permanent records. The IPIA shall maintain the following records
as appropriate:
(1) Records of all labels issued, applied, removed, and replaced by
label number, manufactured home serial number, manufactured home type,
manufacturer's name, dealer destination, and copies of corresponding
data plates.
(2) Records of all manufactured homes which are red tagged, and the
status of each home.
(3) Records of all inspections made at each manufacturing plant on
each manufactured home serial number, each failure to conform found, and
the action taken in each case.
(4) Records of all inspections made at other locations of
manufactured homes identified by manufacturer and serial number, all
manufactured homes believed to contain the same failure to conform, and
the action taken in each case.
All records shall specify the precise section of the standard which is
in question and contain a clear and concise explanation of the process
by which the IPIA reached any conclusions. All records shall be
traceable to specific manufactured home serial numbers and through the
manufacturer's records to dealers and purchasers.
[[Page 235]]
(e) Requirements for full acceptance--IPIA. (1) Before granting full
acceptance to an IPIA, the Secretary or the Secretary's agent shall
review and evaluate at least one certification report which has been
prepared by the IPIA during the period of provisional acceptance. The
Secretary or the Secretary's agent shall also review in depth the IPIA's
administrative capabilities and otherwise review the IPIA's performance
of its responsibilities under these regulations.
(2) Where the Secretary determines on the basis of these reviews
that an IPIA is not meeting an adequate level of performance, the
Secretary or the Secretary's agent shall carry out further evaluations.
If the Secretary finds the level of performance to be unacceptable, the
Secretary shall not grant full acceptance. If full acceptance has not
been granted by the end of the provisional acceptance period,
provisional acceptance shall lapse unless the Secretary determines that
the failure to obtain full acceptance resulted from the fact that the
Secretary or the Secretary's agent has not had adequate time in which to
complete an evaluation.
[41 FR 19852, May 13, 1976, as amended at 42 FR 2580, Jan. 12, 1977; 42
FR 35157, July 8, 1977; 59 FR 2474, Jan. 14, 1994; 61 FR 10861, Mar. 15,
1996]
Sec. 3282.363 Right of entry and inspection.
Each primary inspection agency shall secure from each manufacturer
and manufacturing plant under its surveillance an agreement that the
Secretary, the State Administrative Agency and the primary inspection
agency have the right to inspect the plant and its manufactured home
inspection, labeling, and delivery records, and any of its manufactured
homes in the hands of dealers or distributors at any reasonable time.
Sec. 3282.364 Inspection responsibilities and coordination.
All primary inspection agencies shall be responsible for acting as
necessary under their contractual commitment with the manufacturer to
determine whether alleged failures to conform to the standards may exist
in manufactured homes produced under their surveillance and to determine
the source of the problems. The DAPIA may be required to examine the
designs in question or the quality assurance manual under which the
manufactured homes were produced. The IPIA may be required to reexamine
the quality control procedures which it has approved to determine if
they conform to the quality assurance manual, and the IPIA shall have
primary responsibility for inspecting actual units produced and, where
necessary, for inspecting units released by the manufacturer. All
primary inspection agencies acting with respect to particular
manufacturer or plant shall act in close coordination so that all
necessary functions are performed effectively and efficiently.
Sec. 3282.365 Forwarding monitoring fee.
The IPIA shall, whenever it provides labels to a manufacturer,
obtain from the manufacturer the monitoring fee to be forwarded to the
Secretary or the Secretary's agent as set out in Sec. 3282.210. If a
manufacturer fails to provide the monitoring fee as required by
Sec. 3282.210 to be forwarded by the IPIA under this section, the IPIA
shall immediately inform the Secretary; or the Secretary's Agent.
Sec. 3282.366 Notification and correction campaign responsibilities.
(a) Both IPIAs and DAPIAs are responsible for assisting the
Secretary or an SAA in identifying the class of manufactured homes that
may have been affected where the Secretary or an SAA makes or is
contemplating making a preliminary determination of imminent safety
hazard, serious defect, defect, or noncompliance under Sec. 3282.407
with respect to manufactured homes for which the IPIA or DAPIA provided
either plant inspection or design approval services.
(b) The IPIA in each manufacturing plant is responsible for
reviewing manufacturer determinations of the class of manufactured homes
affected when the manufacturer is acting under Sec. 3282.404. The IPIA
shall concur in the method used to determine the class of potentially
affected manufactured homes or shall state why it finds the
[[Page 236]]
method to be inappropriate, inadequate or incorrect.
[42 FR 2580, Jan. 12, 1977]
Subpart I--Consumer Complaint Handling and Remedial Actions
Source: 42 FR 2580, Jan. 12, 1977, unless otherwise noted.
Sec. 3282.401 Purpose and scope.
(a) The purpose of this subpart is to establish a system under which
the protections of the Act are provided with a minimum of formality and
delay, but in which the rights of all parties are protected.
(b) This subpart sets out the procedures to be followed by
manufacturers, State Administrative Agencies, primary inspection
agencies, and the Secretary to assure that manufacturers provide
notification and correction with respect to their manufactured homes as
required by the Act. Notification and correction may be required to be
provided with respect to manufactured homes that have been sold or
otherwise released by the manufacturer to another party when the
manufacturer, an SAA or the Secretary determines that an imminent safety
hazard, serious defect, defect, or noncompliance may exist in those
manufactured homes as set out herein.
(c) This subpart sets out the rights of dealers under section 613 of
the Act, 42 U.S.C. 5412, to obtain remedies from manufacturers in
certain circumstances.
Sec. 3282.402 General principles.
(a) Nothing in this subpart or in these regulations shall limit the
rights of the purchaser under any contract or applicable law.
(b) The liability of manufactured home manufacturers to provide
remedial actions under this subpart is limited by the principle that
manufacturers are not responsible for failures that occur in
manufactured homes or components solely as the result of normal year and
aging, gross and unforeseeable consumer abuse, or unforeseeable neglect
of maintenance.
(c) The extent of a manufacturer's responsibility for providing
notification or correction depends upon the seriousness of problems for
which the manufacturer is responsible under this subpart.
(d) When manufacturers act under Sec. 3282.404 of these regulations,
they will not be required to classify the problem that triggered their
action as a noncompliance, defect, serious defect, or imminent safety
hazard.
(e) It is the policy of these regulations that all consumer
complaints or other information indicating the possible existence of an
imminent safety hazard, serious defect, defect, or noncompliance should
be referred to the manufacturer of the potentially affected manufactured
homes as early as possible so that the manufacturer can begin to timely
respond to the consumer and take any necessary remedial actions.
Sec. 3282.403 Consumer complaint and information referral.
When a consumer complaint or other information indicating the
possible existence of a noncompliance, defect, serious defect, or
imminent safety hazard is received by a State Administrative Agency or
the Secretary, the SAA or the Secretary shall forward the complaint or
other information to the manufacturer of the manufactured home in
question. The SAA or the Secretary shall, when it appears from the
complaint or other information that more than one manufactured home may
be involved, simultaneously send a copy of the complaint or other
information to the SAA of the State where the manufactured home was
manufactured or to the Secretary if there is no such SAA, and when it
appears that an imminent safety hazard or serious defect may be
involved, simultaneously send a copy to the Secretary.
Sec. 3282.404 Notification pursuant to manufacturer's determination.
(a) The manufacturer shall provide notification as set out in this
subpart with respect to all manufactured homes produced by the
manufacturer in which there exists or may exist an imminent safety
hazard or serious defect. The manufacturer shall provide
[[Page 237]]
such notification with respect to manufactured homes produced by the
manufacturer in which a defect exists or may exist if the manufacturer
has information indicating that the defect may exist in a class of
manufactured homes that is identifiable because the cause of the defect
or defects actually known to the manufacturer is such that the same
defect would probably have been systematically introduced into more than
one manufactured home during the course of production. This information
may include, but is not limited to, complaints that can be traced to the
same cause, defects known to exist in supplies of components or parts,
information related to the performance of a particular employee and
information indicating a failure to follow quality control procedures
with respect to a particular aspect of the manufactured home. A
manufacturer is required to provide notification with respect to a
noncompliance only after the issuance of a final determination under
Sec. 3282.407.
(b) Whenever the manufacturer receives from any source information
that may indicate the existence of a problem in a manufactured home for
which the manufacturer is responsible for providing notification under
paragraph (a) of this section, the manufacturer shall, as soon as
possible, but not later than 20 days after receipt of the information,
carry out any necessary investigations and inspections to determine and
shall determine whether the manufacturer is responsible for providing
notification under paragraph (a) of this section. The manufacturer shall
maintain complete records of all such information and determinations in
a form that will allow the Secretary or an SAA readily to discern who
made the determination with respect to a particular piece of
information, what the determination was, and the basis for the
determination. Such records shall be kept for a minimum of five years
from the date the manufacturer received the information. Consumer
complaints or other information indicating the possible existence of
noncompliances or defects received prior to the effective date of this
section shall, for purposes of this subpart, be deemed to have been
received on the date this section became effective.
(c) If a manufacturer determines under paragraph (b) of this section
that the manufacturer is responsible for providing notification under
paragraph (a) of this section, the manufacturer shall prepare a plan for
notification as set out in Sec. 3282.409. Where the manufacturer is
required to correct under Sec. 3282.406, the manufacturer shall include
in the plan provision for correction of affected manufactured homes. The
manufacturer shall, as soon as possible, but not later than 20 days
after making the determination, submit the plan to one of the following,
as appropriate:
(1) Where the manufactured homes covered by the plan were all
manufactured in one State, to the SAA of the State of manufacture;
(2) Where the manufactured homes were manufactured in more than one
State, to the Secretary; or
(3) Where there is no appropriate SAA under paragraph (c)(1) of this
section, to the Secretary.
However, Where only one manufactured home is involved, the manufacturer
need not submit the plan if the manufacturer corrects the manufactured
home within the 20 day period. The manufacturer shall maintain, in the
plant where the manufactured home was manufactured, a complete record of
the correction. The record shall describe briefly the facts of the case
and state what corrective actions were taken, and it shall be maintained
in a separate file in a form that will allow the Secretary or an SAA to
review all such corrections.
(d) Upon approval of the plan with any necessary changes, the
manufacturer shall carry out the approved plan within the time limits
stated in it.
(e) In any case, the manufacturer may act prior to obtaining
approval of the plan. However, such action is subject to review and
disapproval by the SAA of the State where the manufactured home is
located, the SAA of the State where the manufactured home was
manufactured, or the Secretary, except to the extent that agreement to
the correction is obtained as described in this paragraph. To be assured
that the corrective action will be accepted,
[[Page 238]]
the manufacturer may obtain the agreement of either SAA or the Secretary
that the corrective action is adequate before the correction is made
regardless of whether a plan has been submitted under paragraph (c) of
this section. If such an agreement is obtained, the correction shall be
accepted as adequate by all SAAs and the Secretary if the correction is
made as agreed to and any imminent safety hazard or serious defect is
eliminated.
(f) If the manufacturer wishes to obtain a waiver of the formal plan
approval and notification requirements that would result from a
determination under paragraph (b) of this section, the manufacturer may
act under this paragraph. The plan approval and notification
requirements shall be waived by either the SAA or the Secretary that
would otherwise review the plan under paragraph (c) of this section if:
(1) The manufacturer, before the expiration of the time period
determined under paragaraph (c) of this section, shows to the
satisfaction of the SAA or the Secretary, through such documentation as
the SAA or the Secretary may require, that:
(i) The manufacturer has identified the class of possibly affected
manufactured homes in accordance with Sec. 3282.409.
(ii) The manufacturer will correct, at the manufacturer's expense,
all affected manufactured homes in the class within 60 days of being
informed that the request for waiver has been accepted; and
(iii) The proposed repairs are adequate to remove the failure to
conform or imminent safety hazard that gave rise to the determination
under paragraph (b) of this section; and
(2) The manufacturer corrects all affected manufactured homes within
60 days of being informed that the request for waiver has been accepted.
The formal plan and notification requirements are waived pending final
resolution of a waiver request under this paragraph (f) as of the date
of such a request. If a waiver request is not accepted, the plan called
for by paragraph (c) of this section shall be submitted within 5 days
after the manufacturer is notified that the request was not accepted.
Sec. 3282.405 SAA responsibilities.
(a) As set out at Sec. 3282.302(b)(5), each SAA is responsible for
overseeing the handling of consumer complaints by manufacturers within
the state. As part of that responsibility, the SAA is required to
monitor manufacturer compliance with this subpart, and particularly with
Sec. 3282.404. This monitoring will be done primarily by periodically
checking the records that manufacturers are required to keep under
Sec. 3282.404(b).
(b) If the SAA acting under paragraph (a) finds that a manufacturer
has failed to comply with Sec. 3282.404, or if the SAA finds that the
manufacturer has decided not to act under Sec. 3282.404(c) where the SAA
believes the manufacturer is required to act, or if the manufacturer
failed to fulfill the requirements of Sec. 3282.404(f) after requesting
a waiver under that paragraph, the SAA shall make such preliminary
determinations as it deems appropriate under Sec. 3282.407(b), except
that if the affected manufactured homes were manufactured in more than
one state or if it appears that the appropriate preliminary
determination would be an imminent safety hazard or serious defect, the
SAA shall refer the matter to the Secretary.
(c) Where an SAA that is reviewing a plan under Sec. 3282.404(c)
finds that the manufacturer is not acting reasonably in refusing to
accept changes to a proposed plan, the SAA shall make such preliminary
determinations as may be appropriate under Sec. 3282.407, except that
where it appears that it would be appropriate to make a preliminary
determination of imminent safety hazard or serious defect, the SAA shall
refer the matter to the Secretary.
Sec. 3282.406 Required manufacturer correction.
A manufacturer required to furnish notification under Sec. 3282.404
or Sec. 3282.407 shall correct, at its expense, any imminent safety
hazard or serious defect that can be related to an error in design or
assembly of the manufactured home by the manufacturer, including an
error in design or assembly of any component or system incorporated in
the manufactured home by the manufacturer.
[[Page 239]]
Sec. 3282.407 Notification and correction pursuant to administrative determination.
(a) Preliminary determinations. (1) Whenever the Secretary has
information indicating the possible existence of an imminent safety
hazard or serious defect in a manufactured home, the Secretary may issue
a preliminary determination to that effect to the manufacturer.
(2) Whenever the information referred to in paragraph (a)(1) of this
section indicates that the manufacturer is required to correct the
imminent safety hazard or serious defect under Sec. 3282.406, the
Secretary may issue a preliminary determination to that effect to the
manufacturer.
(3) Whenever an SAA has information indicating that a defect or
noncompliance may exist in a class of manufactured homes that is
identifiable because the cause of the defect or noncompliance is such
that the same defect or noncompliance would probably have been
systematically introduced into more than one manufactured home during
the course of production, and all manufactured homes in the class appear
to have been manufactured in that State, the SAA may issue a preliminary
determination of defect or noncompliance to the manufacturer.
Information on which an SAA may base a conclusion that an appropriate
class of manufactured homes exists may include, but is not limited to,
complaints that can be traced to the same cause, defects known to exist
in supplies of components or parts, information related to the
performance of a particular employee, and information indicating a
failure to follow quality control procedures with respect to a
particular aspect of the manufactured home. If, during the course of
these proceedings, evidence arises that indicates that manufactured
homes in the same identifiable class were manufactured in more than one
state, the SAA shall refer the matter to the Secretary. The Secretary
may make a preliminary determination of noncompliance or defect where
there is evidence that a noncompliance or defect may exist.
(b) Notice and request for presentation of views and evidence. (1)
Notice of the preliminary determination shall be sent by certified mail
and shall include:
(i) The factual basis for the determination and
(ii) The identifying criteria of the manufactured homes known to be
affected and those believed to be in the class of possibly affected
manufactured homes.
(2) The notice shall inform the manufacturer that the preliminary
determination shall become final unless the manufacturer requests a
hearing or presentation of views under subpart D of this part within 15
days of receipt of a Notice of Preliminary Determination of serious
defect, defect, or noncompliance, or within 5 days of receipt of a
Notice of Preliminary Determination of imminent safety hazard.
(3) Promptly upon receipt of a manufacturer's request, a Formal or
an Informal Presentation of Views shall be held in accordance with
Sec. 3282.152.
(4) Parties may propose in writing, at any time, offers of
settlement which shall be submitted to and considered by the Secretary
or the SAA that issued the Notice of Preliminary Determination. If
determined to be appropriate, the party making the offer may be given an
opportunity to make an oral presentation in support of such offer. If an
offer of settlement is rejected, the party making the offer shall be so
notified and the offer shall be deemed withdrawn and shall not
constitute a part of the record in the proceeding. Final acceptance by
the Secretary or an SAA of any offer to settlement shall automatically
terminate any proceedings related thereto.
(c) Final determinations. (1) If the manufacturer fails to respond
to the notice of preliminary determination within the time period
established in paragraph (b)(2) of this section, or if the SAA or the
Secretary decides that the views and evidence presented by the
manufacturer or others are insufficient to rebut the preliminary
determination, the SAA or the Secretary, as appropriate, shall make a
final determination that an imminent safety hazard, serious defect,
defect, or noncompliance exists. In the event of a final determination
that an imminent safety hazard, serious defect, defect or noncompliance
exists, the SAA or the
[[Page 240]]
Secretary shall issue an order directing the manufacturer to furnish
notification. If the Secretary makes a final determination that the
manufacturer is required to correct, the Secretary shall issue an order
directing the manufacturer to provide correction.
(2) Appeals. When an SAA has made a final determination that a
defect or noncompliance exists, the manufacturer may, within 10 days
after receipt of the notice of such final determination, appeal to the
Secretary under Sec. 3282.309.
(d) Where a preliminary determination of defect or noncompliance has
been issued, the manufacturer may, at any time during the proceedings
called for in this section or after the issuance of a Final
Determination and Order, request a waiver of the formal notification
requirements. The manufacturer may request such a waiver from the SAA
that is handling the proceedings, or if the Secretary is handling the
proceedings, from the Secretary. When requesting such a waiver, the
manufacturer shall certify and provide assurances that:
(1) The manufacturer has identified the class of possibly affected
manufactured homes in accordance with Sec. 3282.409;
(2) The manufacturer will correct, at the manufacturer's expense,
all affected manufactured homes in the class within a time period
specified by the SAA or the Secretary but not later than 60 days after
being informed of the acceptance of the request for waiver or issuance
of the Final Determination, whichever is later; and
(3) The proposed repairs are adequate to remove the failure to
conform or imminent safety hazard that gave rise to the issuance of the
Preliminary Determination.
The SAA or the Secretary may grant the request for waiver if the
manufacturer agrees under paragraph (b)(4) of this section to an offer
of settlement that includes an order that embodies the assurances made
by the manufacturer.
[42 FR 2580, Jan. 12, 1977, as amended at 51 FR 34468, Sept. 29, 1986;
51 FR 37568, Oct. 23, 1986]
Sec. 3282.408 Reimbursement for prior correction by owner.
A manufacturer that is required to correct under Sec. 3282.406 or
that decides to correct and obtain a waiver under Sec. 3282.404(f) or
Sec. 3282.407(d) shall provide reimbursement for reasonable cost of
correction to any owner of an affected manufactured home who chose to
make the correction before the manufacturer did so.
Sec. 3282.409 Manufacturer's plan for notification and correction.
(a) This section sets out the requirements that shall be met by
manufacturers in preparing plans they are required to submit under
Sec. 3282.404(c). The underlying requirement is that the plan show how
the manufacturer will fulfill its responsibilities with respect to
notification and correction that arise under this subpart I.
(b) The plan shall include a copy of the proposed notice that meets
the requirements of Sec. 3282.410.
(c) The plan shall identify, by serial number and other appropriate
identifying criteria, all manufactured homes with respect to which
notification is to be provided. The class of manufactured homes with
respect to which notification shall be provided and which shall be
covered by the plan is that class of homes that was or is suspected of
having been affected by the cause of an imminent safety hazard or
failure to conform. The class is identifiable to the extent that the
cause of the imminent safety hazard or failure to conform is such that
it would probably have been systematically introduced into the
manufactured homes in the class during the course of production. In
determining the extent of such a class, the manufacturer may rely either
upon information that positively identifies the extent of the class or
upon information that indicates what manufactured homes were not
affected by the same cause, thereby identifying the class by excluding
those manufactured homes. Methods that may be used in determining the
extent of the class of manufactured homes include, but are not limited
to:
(1) Inspection of manufactured homes produced before and after the
manufactured homes known to be affected;
[[Page 241]]
(2) Inspection of manufacturer quality control records to determine
whether quality control procedures were followed;
(3) Inspection of IPIA records to determine whether the imminent
safety hazard or failure to conform was either detected or specifically
found not to exist in some manufactured homes;
(4) Inspection of the design of the manufactured home in question to
determine whether the imminent safety hazard or failure to conform
resulted from the design itself;
(5) Identification of the cause as relating to a particular employee
or process that was employed for a known period of time or in producing
the manufactured homes manufactured during that time;
(6) Inspection of records relating to components supplied by other
parties and known to contain or suspected of containing imminent safety
hazards or failures to conform.
The class of manufactured homes identified by these methods may include
only manufactured homes actually affected by the imminent safety hazard
or failure to conform if the manufacturer can identify the precise
manufactured homes. If it is not possible to identify the precise
manufactured homes, the class shall include manufactured homes suspected
of containing the imminent safety hazard or failure to conform because
the evidence shows that they may have been affected.
(d) The plan shall include a statement by the IPIA operating in each
plant in which manufactured homes in question were produced. In this
statement, the IPIA shall concur in the methods used by the manufacturer
to determine the class of potentially affected manufactured homes or
state why it believes the methods to have been inappropriate,
inadequate, or incorrect.
(e) The plan shall include a deadline for completion of all
notifications and corrections.
(f) The plan shall provide for notification to be accomplished:
(1) By certified mail or other more expeditious means to the dealers
or distributors of such manufacturer to whom such manufactured home was
delivered. Where a serious defect or imminent safety hazard is involved,
notification shall be sent by certified mail if it is mailed; and
(2) By certified mail to the first purchaser of each manufactured
home in the class of manufactured homes set out in the plan under
paragraph (c) of this section, and to any subsequent owner to whom any
warranty provided by the manufacturer or required by Federal, State or
local law on such manufactured home has been transferred, to the extent
feasible, except that notification need not be sent to any person known
by the manufacturer not to own the manufactured home in question if the
manufacturer has a record of a subsequent owner of the manufactured
home; and
(3) By certified mail to any other person who is a registered owner
of each manufactured home containing the imminent safety hazard, serious
defect, defect, or noncompliance and whose name has been ascertained
pursuant to Sec. 3282.211.
Sec. 3282.410 Contents of notice.
Except as otherwise agreed by the Secretary or the SAA reviewing the
plan under Sec. 3282.404(c), the notification to be sent by the
manufacturer shall include the following:
(a) An opening statement: ``This notice is sent to you in accordance
with the requirments of the National Manufactured Housing Construction
and Safety Standards Act.''
(b) Except where the manufacturer is acting under Sec. 3282.404, the
following statement, as appropriate: ``(Manufacturer's name or the
Secretary, or the appropriate SAA)'' has determined that:
(1) An imminent safety hazard may exist in (identifying criteria of
manufactured home).
(2) A serious defect may exist in (identifying criteria of
manufactured home).
(3) A defect may exist in (identifying criteria of manufactured
home).
(4) (Identifying criteria of manufactured home) may not comply with
an applicable ``Federal Home Construction or Safety Standard.''
[[Page 242]]
(c) A clear description of the imminent safety hazard, serious
defect, defect, or noncompliance which shall include:
(1) The location of the imminent safety hazard, serious defect,
defect, or noncompliance in the manufactured home;
(2) A description of any hazards, malfunctions, deterioration or
other consequences which may result from the imminent safety hazard,
serious defect, defect, or noncompliance;
(3) A statement of the conditions which may cause such consequences
to arise; and
(4) Precautions, if any, that the owner should take to reduce the
chance that the consequences will arise before the manufactured home is
repaired.
(d) An evaluation of the risk to manufactured home occupants' safety
and the durability of the manufactured home reasonably related to such
imminent safety hazard, serious defect, defect, or noncompliance,
including:
(1) The type of injury which may occur to occupants of the
manufactured home; and
(2) Whether there will be any warning that a dangerous occurrence
may take place and what that warning would be, and any signs which the
owner might see, hear, smell, or feel which might indicate danger or
deterioration of the manufactured home as a result of the imminent
safety hazard, serious defect, defect, or noncompliance.
(e) If the manufacturer will correct the manufactured home under
this subpart or otherwise, a statement that the manufacturer will
correct the manufactured home.
(f) A statement in accordance with whichever of the following is
appropriate:
(1) Where the manufacturer will correct the manufactured home at no
cost to the owner, the statement shall indicate how and when the
correction will be done, how long the correction will take, and any
other information that may be helpful to the owner.
(2) When the manufacturer does not bear the cost of repair, the
notification shall include a detailed description of all parts and
materials needed to make the correction, a description of all steps to
be followed in making the correction including appropriate
illustrations, and an estimate of the cost of the purchaser or owner of
the correction.
(g) A statement informing the owner that the owner may submit a
complaint to the Secretary if the owner believes that:
(1) The notification or the remedy described therein is inadequate;
or
(2) The manufacturer has failed or is unable to remedy the problem
in accordance with his notification; or
(3) The manufacturer has failed or is unable to remedy within a
reasonable time after the owner's first attempt to obtain remedy.
(h) A statement that any actions taken by the manufacturer under the
Act in no way limit the rights of the owner or any other person under
any contract or other applicable law and that the owner may have further
rights under contract or other applicable law.
Sec. 3282.411 Time for implementation.
(a) The manufacturer shall complete implementation of the plan for
correction approved under Sec. 3282.404(d) on or before the deadline
established in the plan as required by Sec. 3282.409(e). The deadline
shall allow a reasonable amount of time to complete the plan, taking
into account the seriousness of the problem, the number of manufactured
homes involved, the immediacy of any risk, and the difficulty of
completing the action. The seriousness and immediacy of any risk shall
be given greater weight than other considerations. If a manufacturer is
required to correct an imminent safety hazard or serious defect under
Sec. 3282.406, the deadline shall be no later than 60 days after
approval of the plan.
(b) The manufacturer shall complete the implementation of any
notifications and corrections being carried out under an order of an SAA
or the Secretary under Sec. 3282.407(c) on or before the deadline
established in the order. In establishing each deadline, an SAA or the
Secretary shall allow a reasonable time to complete all notifications
and corrections, taking into account the seriousness of the imminent
safety hazard, serious defect, defect or noncompliance, the number of
manufactured homes involved, the location of
[[Page 243]]
the homes, and the extent of correction required, except that in no case
shall the time allowed exceed the following limits:
(1) In the case of a Final Determination of imminent safety hazard,
30 days after the issuance of the Final Determination.
(2) In the case of a Final Determination of serious defect, defect
or noncompliance, 60 days after the issuance of the Final Determination.
(c) An SAA that approved a plan or is handling a proceeding or the
Secretary may grant an extension of the deadlines included in a plan or
order if the manufacturer requests such an extension in writing and
shows good cause for the extension, and the SAA or the Secretary is
satisfied that the extension is justified in the public interest. When
the Secretary grants an extension, the Secretary shall notify the
manufacturer and shall publish notice of such extension in the Federal
Register. When an SAA grants an extension, the SAA shall notify the
manufacturer, and forward to the Secretary a draft notice of the
extension to be published in the Federal Register.
Sec. 3282.412 Completion of remedial actions and report.
(a) Where a manufacturer is required to provide notification under
this subpart, the manufacturer shall maintain in its files for five
years from the date the notification campaign is completed a copy of the
notice sent and a complete list of the people and their addresses. The
files referred to in this section shall be organized such that each
notification and correction campaign can be readily identified and
reviewed by an SAA or the Secretary.
(b) Where a manufacturer is required to provide correction under
Sec. 3282.406 or where the manufacturer otherwise corrects under
Sec. 3282.404(f) or Sec. 3282.407(d), the manufacturer shall maintain in
its files, for five years from the date the correction campaign is
completed, one of the following, as appropriate, for each manufactured
home involved.
(1) Where the correction is made, a certification by the
manufacturer that the repair was made to satisfy completely the
standards in effect at the time the manufactured home was manufactured
and that any imminent safety hazard has been eliminated, or
(2) Where the owner refuses to allow the manufacturer to repair the
home, a certification by the manufacturer that the owner has been
informed of the problem which may exist in the manufactured home, that
the owner has been informed of any risk to safety or durability of the
manufactured home which may result from the problem, and that an attempt
has been made to repair the problems only to have the owner refuse the
repair.
(c) If any actions taken under this subpart are not adequate under
the approved plan or an order of the Secretary or an SAA, the
manufacturer may be required to provide additional notifications or
corrections to satisfy the plan or order.
(d) If, in the course of making corrections under any of the
provisions of this subpart, the manufacturer creates an imminent safety
hazard or serious defect, the manufacturer shall correct the imminent
safety hazard or serious defect under Sec. 3282.406.
(e) The manufacturer shall, within 30 days after the deadline for
completing any notifications and, where required, corrections, under an
approved plan or under an order of an SAA or the Secretary, or any
corrections required to obtain a waiver under Sec. 3282.404(f) or
Sec. 3282.407(d), provide a complete report of the action taken to the
SAA or the Secretary that approved the plan under Sec. 3282.404(d),
granted the waiver, or issued the order under Sec. 3282.407(c), and to
any other SAA or the Secretary that forwarded a relevant complaint or
information to the manufacturer under Sec. 3282.403.
Sec. 3282.413 Replacement or repurchase of manufactured home from purchaser.
(a) Whenever an imminent safety hazard or serious defect which must
be corrected by the manufacturer at his expense under Sec. 3282.407
cannot be repaired within 60 days in accordance with section 615(i) of
the Act, the Secretary may require:
(1) That the manufactured home be replaced by the manufacturer with
a manufactured home substantially equal in size, equipment, and quality,
[[Page 244]]
and either new or in the same condition the defective manufactured home
would have been in at the time of discovery of the imminent safety
hazard or serious defect had the imminent safety hazard or serious
defect not existed; or
(2) That the manufacturer take possession of the manufactured home
and refund the purchase price in full, less a reasonable allowance for
depreciation based on actual use if the home has been in the possession
of the owner for more than one year. Such depreciation shall be based
upon an appraisal system approved by the Secretary, and shall not take
into account damage or deterioration resulting from the imminent safety
hazard or serious defect.
(b) In determining whether to order replacement or refund by the
manufacturer, the Secretary shall consider:
(1) The threat of injury or death to manufactured home occupants;
(2) Any costs and inconvenience to manufactured home owners which
will result from the lack of adequate repair within the specified
period;
(3) The expense to the manufacturer;
(4) Any obligations imposed on the manufacturer under contract or
other applicable law of which the Secretary has knowledge; and
(5) Any other relevant factors which may be brought to the attention
of the Secretary.
(c) In those situations where, under contract or other applicable
law, the owner has the right of election between replacement and refund,
the manufacturer shall inform the owner of such right of election and
shall inform the Secretary of the election, if any, by the owner.
(d) This section applies where an attempted correction of an
imminent safety hazard or serious defect relieves the safety problem but
does not bring the home in conformity to the standards.
(e) Where replacement or refund by the manufacturer is ordered under
this section, it shall be carried out within 30 days of the Secretary's
order to replace the manufactured home or refund the purchase price
unless the Secretary, for good cause shown, grants an extension of time
for implementation of such order and publishes notice of extension in
the Federal Register.
Sec. 3282.414 Manufactured homes in the hands of dealers and distributors.
(a) The manufacturer is responsible for correcting any failures to
conform and imminent safety hazards which exist in manufactured homes
which have been sold or otherwise released to a distributor or dealer
but which have not yet been sold to a purchaser. This responsibility
generally does not extend to failures to conform or imminent safety
hazards that result solely from transit damage that occurs after the
manufactured home leaves the control of the manufacturer, unless such
transit damage is reasonably foreseeable by the manufacturer when the
home is released by the manufacturer. This section sets out the
procedures to be followed by dealers and distributors for handling
manufactured homes in such cases. Regardless of whether the manufacturer
is responsible for repairing a manufactured home, no dealer or
distributor may sell a manufactured home if it contains a failure to
conform or an imminent safety hazard.
(b) Whenever a dealer or distributor finds a problem in a
manufactured home which the manufacturer is responsible for correcting
under paragraph (a) of this section, the dealer or distributor shall
contact the manufacturer, provide full information concerning the
problem, and request appropriate action by the manufacturer in accord
with paragraph (c) of this section. Where the manufacturer agrees to
correct, the manufacturer shall maintain a complete record of its
actions. Where the manufacturer authorizes the dealer to make the
necessary corrections on a reimbursable basis, the dealer or distributor
shall maintain a complete record of its actions. Agreement by the
manufacturer to correct or to authorize corrections on a reimbursable
basis under this paragraph constitutes a determination of the Secretary
for purposes of section 613(b) of the Act with respect to judicial
review of the amount which the manufacturer agrees to reimburse the
dealer or distributor for corrections.
(c) Upon a final determination by the Secretary or a State
Administration
[[Page 245]]
Agency under Sec. 3282.407, or upon a determination by a court of
competent jurisdiction that a manufactured home fails to conform to the
standard or contains an imminent safety hazard after such manufactured
home is sold or otherwise released by a manufacturer to a distributor or
a dealer and prior to the sale of such manufactured home by such
distributor or dealer to a purchaser, the manufacturer shall have the
option to either:
(1) Immediately furnish, at the manufacturer's expense, to the
purchasing distributor or dealer the required conforming part or parts
or equipment for installation by the distributor or dealer on or in such
manufactured home, and the manufacturer shall reimburse such distributor
or dealer for the reasonable value of such installation plus a
reasonable reimbursement of not less than one per centum per month of
the manufacturer's or distributor's selling price prorated from the date
of receipt by certified mail of notice of noncompliance to the date such
manufactured home is brought into compliance with the standards, so long
as the distributor or dealer proceeds with reasonable diligence with the
installation after the part or component is received; or
(2) Immediately repurchase, at the manufacturer's expense, such
manufactured home from such distributor or dealer at the price paid by
such distributor or dealer, plus all transportation charges involved and
a reasonable reimbursement of not less than one per centum per month of
such price paid prorated from the date of receipt by certified mail of
notice of the imminent safety hazard, serious defect, defect or
noncompliance to the distributor. The value of such reasonable
reimbursements as specified in this paragraph shall be fixed by mutual
agreement of the parties or by a court in an action brought under
section 613(b) of the Act.
(d) This section shall not apply to any manufactured home purchased
by a dealer or distributor which has been leased by such dealer or
distributor to a tenant for purposes other than resale. In that instance
the dealer or distributor has the remedies available to a purchaser
under this subpart.
Sec. 3282.415 Notices, bulletins and other communications.
Each manufacturer shall, at the time of dispatch, furnish to the
Secretary a true or representative copy of all notices, bulletins, and
other written communications to the dealers or distributors of such
manufacturer or purchasers or owners of manufactured homes of such
manufacturers regarding any serious defect or imminent safety hazard
which may exist in any such manufactured homes produced by such
manufacturer. Manufacturers shall keep complete records of all other
communications with dealers, owners, and purchasers regarding
noncompliances, and defects.
Sec. 3282.416 Supervision of notification and correction actions.
(a) The IPIA in each manufacturing plant shall be responsible for
assuring that notifications are sent to all owners, purchasers, dealers,
or distributors of whom the manufacturer has knowledge under
Sec. 3282.211 or otherwise as required by these regulations, and the
IFIA shall be responsible for assuring that the required corrections are
carried out by auditing the certificates required by Sec. 3282.412.
(b) The SAA or Secretary to which the report required by
Sec. 3282.412(e) is sent shall be responsible for assuring through
oversight that remedial actions described in the report have been
carried out as described in the report.
(c) The SAA of the state in which an affected manufactured home is
located may inspect that manufactured home to determine whether any
required correction is carried out to the approved plan or, if there is
no plan, to the standards or other approval obtained by the
manufacturer.
Subpart J--Monitoring of Primary Inspection Agencies
Sec. 3282.451 General.
The actions of all primary inspection agencies accepted under
subpart H shall be monitored by the Secretary or the Secretary's agent
to determine whether the PIAs are fulfilling their responsibilities
under these regulations. This monitoring shall be carried
[[Page 246]]
out primarily through joint monitoring teams made up of personnel
supplied by SAAs and by the Secretary or the Secretary's agent.
Monitoring parties shall make recommendations to the Secretary with
respect to final acceptance of PIAs under Secs. 3282.361(e) and
3282.362(e), continued acceptance, and disqualification or
requalification under Sec. 3282.356, and with respect to any changes
which PIAs should make in their operations in order to continue to be
approved. Based on this monitoring, the Secretary shall determine
whether PIAs should continue to be approved under these regulations.
Sec. 3282.452 Participation in monitoring.
(a) Joint monitoring teams. (1) The Secretary or the Secretary's
agent shall develop and coordinate joint monitoring teams which shall be
made up of qualified personnel provided by SAAs and by the Secretary or
the Secretary's agent. The Secretary or the Secretary's agent shall
determine whether personnel are qualified based on education or
experience.
(2) The joint monitoring teams will operate generally on a regional
basis. To the extent possible, the teams shall be so scheduled that
personnel provided by an SAA will be monitoring operations in
manufactured home plants from which manufactured homes are shipped into
their State.
(3) Personnel from an SAA shall not participate on joint monitoring
teams operating within their State.
(4) States are encouraged but not required to participate on joint
monitoring teams.
(b) State monitoring. A State may carry out monitoring of IPIA
functions at plant facilities within the State if the State is not
acting as an IPIA. Where a State wishes to carry out monitoring
activities it shall do so in coordination with the Secretary and the
Secretary's agent. To the extent that the State is performing adequate
monitoring, the frequency of the joint team monitoring may be reduced to
one visit per year consistent with the requirements of Sec. 3282.453.
(c) Review of staff capability. The monitoring party shall review
the capability of the PIA's staff to perform the functions it is
required to perform.
(d) Review of interpretations. The monitoring party shall review all
records of interpretations of the standards made by the PIA to determine
whether they are consistent and to determine whether there are any
conflicts which should be referred to the Secretary for determination.
(e) DAPIA. Monitoring parties shall review on a random basis at
least 10 percent of the design and quality assurance manual approvals
made by each DAPIA in each year.
(f) IPIA. The monitoring parties shall assure that the IPIAs are
carrying out all of the functions for which they have been accepted. In
particular, they shall assure that the manufacturing process is as
stated in the certification reports, that the IPIAs are carrying out the
required number of inspections, that inspections are effective, and that
the IPIAs are maintaining complete label control as required by
Sec. 3282.362. A monitoring team shall monitor the IPIA's office
procedures, files, and label control and the monitoring team shall send
copies of its report to the Secretary or the Secretary's agent, which
shall send copies to all monitoring teams which monitor the operations
of the subject IPIA.
(g) Remedial actions. The monitoring parties shall review the
remedial action records of the manufacturers and of the primary
inspection agencies closely to determine whether the primary inspection
agencies have been carrying out their responsibilities with respect to
remedial actions.
Sec. 3282.453 Frequency and extent of monitoring.
(a) The actions of all primary inspection agencies shall be
monitored at a frequency adequate to assure that they are performing
consistently and fulfilling their responsibilities under these
regulations. Every aspect of the primary inspection agencies'
performance shall be monitored.
(b) Frequency of monitoring. The performance of each primary
inspection agency shall be monitored during its period of provisional
acceptance by a complete review of its records and, in the case of IPAs,
by a complete inspection of the operations of at least one
[[Page 247]]
manufacturing plant which it has approved or in which it is operating.
After the initial inspection, the performance of each primary inspection
agency shall be monitored four times per year, except that the number of
monitoring visits may be decreased to a minimum of one per year if the
performance of the primary inspection agency is deemed by the Secretary
or the Secretary's agent to be superior, and it may be increased as
necessary if performance is suspect. There shall be a minimum of one
review per year of the records of each primary inspection agency, and
there shall be more reviews as needed.
Subpart K--Departmental Oversight
Sec. 3282.501 General.
The Secretary shall oversee the performance of SAAs, the Secretary's
agent, and primary inspection agencies as follows:
(a) The Secretary shall review SAA reports to ensure that States are
taking appropriate actions with regard to the enforcement of the
standards and with respect to the functions for which they are approved
under these regulations.
(b) The Secretary shall review monitoring reports submitted by the
Secretary's agent to determine that it is performing in accordance with
the contract between it and the Secretary.
(c) The Secretary shall review monitoring reports to determine
whether PIAs are fulfilling their responsibilities under these
regulations.
(d) The Secretary shall make random visits for the purpose of
overseeing the activities of SAAs and the Secretary's agent.
(e) The Secretary shall take such other actions to oversee the
system established by these regulations as it deems appropriate.
(f) All records maintained by all parties acting under these
regulations with respect to those actions shall be available to the
Secretary, the Secretary's agent, and where appropriate, SAAs and PIAs
for review at any reasonable time.
Sec. 3282.502 Departmental implementation.
To the extent that SAAs or any parties contracting with the
Secretary do not perform functions called for under these regulations,
those functions shall be carried out by the Secretary with its own
personnel or through other appropriate parties.
Sec. 3282.503 Determinations and hearings.
The Secretary shall make all the determinations and hold such
hearings as are required by these regulations, and the Secretary shall
resolve all disputes arising under these regulations.
Subpart L--Manufacturer, IPIA and SAA Reports
Sec. 3282.551 Scope and purpose.
This subpart describes the reports which shall be submitted by
manufacturers, PIAs and SAAs as part of the system of enforcement
established under these regulations. Additional reports described in
subpart I are required when corrective actions are taken under that
subpart.
Sec. 3282.552 Manufacturer reports for joint monitoring fees.
For each month, the manufacturer shall submit to the IPIA in each of
its manufacturing plants a report that includes the serial numbers of
each manufactured home manufactured at that plant during that preceding
month, and the State of first location, after leaving the manufacturing
plant, of such manufactured homes. The State of first location for the
purpose of this report is the State of the premises of the distributor,
dealer or purchaser to whom the manufactured home is first shipped. The
report for each month shall be submitted by the tenth day of the
following month.
Sec. 3282.553 IPIA reports.
Each IPIA shall submit by the twentieth day of each month to each
SAA, or if no SAA to the Secretary, in each state where it is engaged in
the inspection of manufacturing plants, a report of the operations of
each manufacturer in that State for the preceding month
[[Page 248]]
which includes the following information:
(a) The number of single-wide and double-wide manufactured homes
labeled in the preceding month;
(b) The number of inspection visits made to each manufacturing plant
in the preceding month; and
(c) The number of manufactured homes with a failure to conform to
the standards or an imminent safety hazard during the preceding month
found in the manufacturing plant.
The manufacturers report for the preceding month described in
Sec. 3282.552 shall be attached to each such IPIA report as an appendix
thereto.
Sec. 3282.554 SAA reports.
Each SAA shall submit, prior to the last day of each month, to the
Secretary a report covering the preceding month which includes:
(a) The description and status of all presentations of views,
hearings and other legal actions during the preceding month; and
(b) The description of the SAA's oversight activities and findings
regarding consumer complaints, notification and correction actions
during the preceding month. The IPIA report for the preceding month
described in Sec. 3282.553, as well as the reports described in
Sec. 3282.413 and manufacturer reports under Sec. 3282.404(d), which
were received during the preceding month, shall be attached to each such
SAA report as an appendix thereto.
PART 3500--REAL ESTATE SETTLEMENT PROCEDURES ACT--Table of Contents
Sec.
3500.1 Designation.
3500.2 Definitions.
3500.3 Questions or suggestions from public and copies of public
guidance documents.
3500.4 Reliance upon rule, regulation or interpretation by HUD.
3500.5 Coverage of RESPA.
3500.6 Special information booklet at time of loan application.
3500.7 Good faith estimate.
3500.8 Use of HUD-1 or HUD-1A settlement statements.
3500.9 Reproduction of settlement statements.
3500.10 One-day advance inspection of HUD-1 or HUD-1A settlement
statement; delivery; recordkeeping.
3500.11 Mailing.
3500.12 No fee.
3500.13 Relation to State laws.
3500.14 Prohibition against kickbacks and unearned fees.
3500.15 Affiliated business arrangements.
3500.16 Title companies.
3500.17 Escrow accounts.
3500.18 Validity of contracts and liens.
3500.19 Enforcement.
3500.20 [Reserved]
3500.21 Mortgage servicing transfers.
Appendix A to Part 3500--Instructions for Completing HUD-1 and HUD-1A
Settlement Statements; Sample HUD-1 and HUD-1A Statements
Appendix B to Part 3500--Illustrations of Requirements of RESPA
Appendix C to Part 3500--Sample Form of Good Faith Estimate
Appendix D to Part 3500--Affiliated Business Arrangement Disclosure
Statement Format
Appendix E to Part 3500--Arithmetic Steps
Appendix MS-1 to Part 3500--Servicing Disclosure Statement
Appendix MS-2 to Part 3500--Notice of Assignment, Sale, or Transfer of
Servicing Rights
Authority: 12 U.S.C. 2601 et seq.; 42 U.S.C. 3535(d).
Source: 57 FR 49607, Nov. 2, 1992, unless otherwise noted. Sections
3500.1 through 3500.19 and 3500.21 revised at 61 FR 13233, Mar. 26,
1996.
Sec. 3500.1 Designation.
This part may be referred to as Regulation X.
Sec. 3500.2 Definitions.
(a) Statutory terms. All terms defined in RESPA (12 U.S.C. 2602) are
used in accordance with their statutory meaning unless otherwise defined
in paragraph (b) of this section or elsewhere in this part.
(b) Other terms. As used in this part:
Application means the submission of a borrower's financial
information in anticipation of a credit decision, whether written or
computer-generated, relating to a federally related mortgage loan. If
the submission does not state or identify a specific property, the
submission is an application for a pre-qualification and not an
application for a federally related mortgage loan under this part. The
subsequent addition of an identified property to the submission converts
the submission to
[[Page 249]]
an application for a federally related mortgage loan.
Business day means a day on which the offices of the business entity
are open to the public for carrying on substantially all of the entity's
business functions.
Dealer means, in the case of property improvement loans, a seller,
contractor, or supplier of goods or services. In the case of
manufactured home loans, ``dealer'' means one who engages in the
business of manufactured home retail sales.
Dealer loan or dealer consumer credit contract means, generally, any
arrangement in which a dealer assists the borrower in obtaining a
federally related mortgage loan from the funding lender and then assigns
the dealer's legal interests to the funding lender and receives the net
proceeds of the loan. The funding lender is the lender for the purposes
of the disclosure requirements of this part. If a dealer is a
``creditor'' as defined under the definition of ``federally related
mortgage loan'' in this part, the dealer is the lender for purposes of
this part.
Effective date of transfer is defined in section 6(i)(1) of RESPA
(12 U.S.C. 2605(i)(1)). In the case of a home equity conversion mortgage
or reverse mortgage as referenced in this section, the effective date of
transfer is the transfer date agreed upon by the transferee servicer and
the transferor servicer.
Federally related mortgage loan or mortgage loan means as follows:
(1) Any loan (other than temporary financing, such as a construction
loan):
(i) That is secured by a first or subordinate lien on residential
real property, including a refinancing of any secured loan on
residential real property upon which there is either:
(A) Located or, following settlement, will be constructed using
proceeds of the loan, a structure or structures designed principally for
occupancy of from one to four families (including individual units of
condominiums and cooperatives and including any related interests, such
as a share in the cooperative or right to occupancy of the unit); or
(B) Located or, following settlement, will be placed using proceeds
of the loan, a manufactured home; and
(ii) For which one of the following paragraphs applies. The loan:
(A) Is made in whole or in part by any lender that is either
regulated by or whose deposits or accounts are insured by any agency of
the Federal Government;
(B) Is made in whole or in part, or is insured, guaranteed,
supplemented, or assisted in any way:
(1) By the Secretary or any other officer or agency of the Federal
Government; or
(2) Under or in connection with a housing or urban development
program administered by the Secretary or a housing or related program
administered by any other officer or agency of the Federal Government;
(C) Is intended to be sold by the originating lender to the Federal
National Mortgage Association, the Government National Mortgage
Association, the Federal Home Loan Mortgage Corporation (or its
successors), or a financial institution from which the loan is to be
purchased by the Federal Home Loan Mortgage Corporation (or its
successors);
(D) Is made in whole or in part by a ``creditor'', as defined in
section 103(f) of the Consumer Credit Protection Act (15 U.S.C.
1602(f)), that makes or invests in residential real estate loans
aggregating more than $1,000,000 per year. For purposes of this
definition, the term ``creditor'' does not include any agency or
instrumentality of any State, and the term ``residential real estate
loan'' means any loan secured by residential real property, including
single-family and multifamily residential property;
(E) Is originated either by a dealer or, if the obligation is to be
assigned to any maker of mortgage loans specified in paragraphs (1)(ii)
(A) through (D) of this definition, by a mortgage broker; or
(F) Is the subject of a home equity conversion mortgage, also
frequently called a ``reverse mortgage,'' issued by any maker of
mortgage loans specified in paragraphs (1)(ii) (A) through (D) of this
definition.
(2) Any installment sales contract, land contract, or contract for
deed on otherwise qualifying residential property is a federally related
mortgage
[[Page 250]]
loan if the contract is funded in whole or in part by proceeds of a loan
made by any maker of mortgage loans specified in paragraphs (1)(ii) (A)
through (D) of this definition.
(3) If the residential real property securing a mortgage loan is not
located in a State, the loan is not a federally related mortgage loan.
Good faith estimate means an estimate, prepared in accordance with
section 5 of RESPA (12 U.S.C. 2604), of charges that a borrower is
likely to incur in connection with a settlement.
HUD-1 or HUD-1A settlement statement (also HUD-1 or HUD-1A) means
the statement that is prescribed by the Secretary in this part for
setting forth settlement charges in connection with either the purchase
or the refinancing (or other subordinate lien transaction) of 1- to 4-
family residential property.
Lender means, generally, the secured creditor or creditors named in
the debt obligation and document creating the lien. For loans originated
by a mortgage broker that closes a federally related mortgage loan in
its own name in a table funding transaction, the lender is the person to
whom the obligation is initially assigned at or after settlement. A
lender, in connection with dealer loans, is the lender to whom the loan
is assigned, unless the dealer meets the definition of creditor as
defined under ``federally related mortgage loan'' in this section. See
also Sec. 3500.5(b)(7), secondary market transactions.
Managerial employee means an employee of a settlement service
provider who does not routinely deal directly with consumers, and who
either hires, directs, assigns, promotes, or rewards other employees or
independent contractors, or is in a position to formulate, determine, or
influence the policies of the employer. Neither the term ``managerial
employee'' nor the term ``employee'' includes independent contractors,
but a managerial employee may hold a real estate brokerage or agency
license.
Manufactured home is defined in Sec. 3280.2 of this title.
Mortgage broker means a person (not an employee or exclusive agent
of a lender) who brings a borrower and lender together to obtain a
federally related mortgage loan, and who renders services as described
in the definition of ``settlement services'' in this section. A loan
correspondent approved under Sec. 202.8 of this title for Federal
Housing Administration programs is a mortgage broker for purposes of
this part.
Mortgaged property means the real property that is security for the
federally related mortgage loan.
Person is defined in section 3(5) of RESPA (12 U.S.C. 2602(5)).
Public Guidance Documents means documents that HUD has published in
the Federal Register, and that it may amend from time-to-time by
publication in the Federal Register. These documents are also available
from HUD at the address indicated in 24 CFR 3500.3.
Refinancing means a transaction in which an existing obligation that
was subject to a secured lien on residential real property is satisfied
and replaced by a new obligation undertaken by the same borrower and
with the same or a new lender. The following shall not be treated as a
refinancing, even when the existing obligation is satisfied and replaced
by a new obligation with the same lender (this definition of
``refinancing'' as to transactions with the same lender is similar to
Regulation Z, 12 CFR 226.20(a)):
(1) A renewal of a single payment obligation with no change in the
original terms;
(2) A reduction in the annual percentage rate as computed under the
Truth in Lending Act with a corresponding change in the payment
schedule;
(3) An agreement involving a court proceeding;
(4) A workout agreement, in which a change in the payment schedule
or change in collateral requirements is agreed to as a result of the
consumer's default or delinquency, unless the rate is increased or the
new amount financed exceeds the unpaid balance plus earned finance
charges and premiums for continuation of allowable insurance; and
(5) The renewal of optional insurance purchased by the consumer that
is added to an existing transaction, if disclosures relating to the
initial purchase were provided.
[[Page 251]]
Regulation Z means the regulations issued by the Board of Governors
of the Federal Reserve System (12 CFR part 226) to implement the Federal
Truth in Lending Act (15 U.S.C. 1601 et seq.), and includes the
Commentary on Regulation Z.
Required use means a situation in which a person must use a
particular provider of a settlement service in order to have access to
some distinct service or property, and the person will pay for the
settlement service of the particular provider or will pay a charge
attributable, in whole or in part, to the settlement service. However,
the offering of a package (or combination of settlement services) or the
offering of discounts or rebates to consumers for the purchase of
multiple settlement services does not constitute a required use. Any
package or discount must be optional to the purchaser. The discount must
be a true discount below the prices that are otherwise generally
available, and must not be made up by higher costs elsewhere in the
settlement process.
RESPA means the Real Estate Settlement Procedures Act of 1974, 12
U.S.C. 2601 et seq.
Servicer means the person responsible for the servicing of a
mortgage loan (including the person who makes or holds a mortgage loan
if such person also services the mortgage loan). The term does not
include:
(1) The Federal Deposit Insurance Corporation (FDIC) or the
Resolution Trust Corporation (RTC), in connection with assets acquired,
assigned, sold, or transferred pursuant to section 13(c) of the Federal
Deposit Insurance Act or as receiver or conservator of an insured
depository institution; and
(2) The Federal National Mortgage Corporation (FNMA); the Federal
Home Loan Mortgage Corporation (Freddie Mac); the RTC; the FDIC; HUD,
including the Government National Mortgage Association (GNMA) and the
Federal Housing Administration (FHA) (including cases in which a
mortgage insured under the National Housing Act (12 U.S.C. 1701 et seq.)
is assigned to HUD); the National Credit Union Administration (NCUA);
the Farmers Home Administration or its successor agency under Public Law
103-354 (FmHA); and the Department of Veterans Affairs (VA), in any case
in which the assignment, sale, or transfer of the servicing of the
mortgage loan is preceded by termination of the contract for servicing
the loan for cause, commencement of proceedings for bankruptcy of the
servicer, or commencement of proceedings by the FDIC or RTC for
conservatorship or receivership of the servicer (or an entity by which
the servicer is owned or controlled).
Servicing means receiving any scheduled periodic payments from a
borrower pursuant to the terms of any mortgage loan, including amounts
for escrow accounts under section 10 of RESPA (12 U.S.C. 2609), and
making the payments to the owner of the loan or other third parties of
principal and interest and such other payments with respect to the
amounts received from the borrower as may be required pursuant to the
terms of the mortgage servicing loan documents or servicing contract. In
the case of a home equity conversion mortgage or reverse mortgage as
referenced in this section, servicing includes making payments to the
borrower.
Settlement means the process of executing legally binding documents
regarding a lien on property that is subject to a federally related
mortgage loan. This process may also be called ``closing'' or ``escrow''
in different jurisdictions.
Settlement service means any service provided in connection with a
prospective or actual settlement, including, but not limited to, any one
or more of the following:
(1) Origination of a federally related mortgage loan (including, but
not limited to, the taking of loan applications, loan processing, and
the underwriting and funding of such loans);
(2) Rendering of services by a mortgage broker (including
counseling, taking of applications, obtaining verifications and
appraisals, and other loan processing and origination services, and
communicating with the borrower and lender);
(3) Provision of any services related to the origination, processing
or funding of a federally related mortgage loan;
[[Page 252]]
(4) Provision of title services, including title searches, title
examinations, abstract preparation, insurability determinations, and the
issuance of title commitments and title insurance policies;
(5) Rendering of services by an attorney;
(6) Preparation of documents, including notarization, delivery, and
recordation;
(7) Rendering of credit reports and appraisals;
(8) Rendering of inspections, including inspections required by
applicable law or any inspections required by the sales contract or
mortgage documents prior to transfer of title;
(9) Conducting of settlement by a settlement agent and any related
services;
(10) Provision of services involving mortgage insurance;
(11) Provision of services involving hazard, flood, or other
casualty insurance or homeowner's warranties;
(12) Provision of services involving mortgage life, disability, or
similar insurance designed to pay a mortgage loan upon disability or
death of a borrower, but only if such insurance is required by the
lender as a condition of the loan;
(13) Provision of services involving real property taxes or any
other assessments or charges on the real property;
(14) Rendering of services by a real estate agent or real estate
broker; and
(15) Provision of any other services for which a settlement service
provider requires a borrower or seller to pay.
Special information booklet means the booklet prepared by the
Secretary pursuant to section 5 of RESPA (12 U.S.C. 2604) to help
persons understand the nature and costs of settlement services. The
Secretary publishes the form of the special information booklet in the
Federal Register. The Secretary may issue or approve additional booklets
or alternative booklets by publication of a Notice in the Federal
Register.
State means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
Table funding means a settlement at which a loan is funded by a
contemporaneous advance of loan funds and an assignment of the loan to
the person advancing the funds. A table-funded transaction is not a
secondary market transaction (see Sec. 3500.5(b)(7)).
Title company means any institution, or its duly authorized agent,
that is qualified to issue title insurance.
[61 FR 13233, Mar. 26, 1996, as amended at 61 FR 29252, June 7, 1996; 61
FR 58475, Nov. 15, 1996; 62 FR 20088, Apr. 24, 1997]
Effective Date Note: At 61 FR 29252, June 7, 1996, Sec. 3500.2(b)
was amended by adding a definition of ``managerial employee'', effective
Oct. 7, 1996. At 61 FR 51782, Oct. 4, 1996, the effective date was
delayed until further notice.
Sec. 3500.3 Questions or suggestions from public and copies of public guidance documents.
Any questions or suggestions from the public regarding RESPA, or
requests for copies of HUD Public Guidance Documents, should be directed
to the Director, Office of Consumer and Regulatory Affairs, Department
of Housing and Urban Development, 451 Seventh Street SW., Washington, DC
20410-8000, rather than to HUD field offices. Legal questions may be
directed to the Assistant General Counsel, GSE/RESPA Division, at this
address.
Sec. 3500.4 Reliance upon rule, regulation or interpretation by HUD.
(a) Rule, regulation or interpretation. (1) For purposes of sections
19 (a) and (b) of RESPA (12 U.S.C. 2617 (a) and (b)) only the following
constitute a rule, regulation or interpretation of the Secretary:
(i) All provisions, including appendices, of this part. Any other
document referred to in this part is not incorporated in this part
unless it is specifically set out in this part;
(ii) Any other document that is published in the Federal Register by
the Secretary and states that it is an ``interpretation,''
``interpretive rule,'' ``commentary,'' or a ``statement of policy'' for
purposes of section 19(a) of RESPA. Such documents will be prepared by
HUD staff and counsel. Such documents may be revoked or amended by a
subsequent document published in the Federal Register by the Secretary.
[[Page 253]]
(2) A ``rule, regulation, or interpretation thereof by the
Secretary'' for purposes of section 19(b) of RESPA (12 U.S.C. 2617(b))
shall not include the special information booklet prescribed by the
Secretary or any other statement or issuance, whether oral or written,
by an officer or representative of the Department of Housing and Urban
Development (HUD), letter or memorandum by the Secretary, General
Counsel, any Assistant Secretary or other officer or employee of HUD,
preamble to a regulation or other issuance of HUD, Public Guidance
Document, report to Congress, pleading, affidavit or other document in
litigation, pamphlet, handbook, guide, telegraphic communication,
explanation, instructions to forms, speech or other material of any
nature which is not specifically included in paragraph (a)(1) of this
section.
(b) Unofficial interpretations; staff discretion. In response to
requests for interpretation of matters not adequately covered by this
part or by an official interpretation issued under paragraph (a)(1)(ii)
of this section, unofficial staff interpretations may be provided at the
discretion of HUD staff or counsel. Written requests for such
interpretations should be directed to the address indicated in
Sec. 3500.3. Such interpretations provide no protection under section
19(b) of RESPA (12 U.S.C. 2617(b)). Ordinarily, staff or counsel will
not issue unofficial interpretations on matters adequately covered by
this part or by official interpretations or commentaries issued under
paragraph (a)(1)(ii) of this section.
(c) All informal counsel's opinions and staff interpretations issued
before November 2, 1992, were withdrawn as of that date. Courts and
administrative agencies, however, may use previous opinions to determine
the validity of conduct under the previous Regulation X.
Sec. 3500.5 Coverage of RESPA.
(a) Applicability. RESPA and this part apply to all federally
related mortgage loans, except for the exemptions provided in paragraph
(b) of this section.
(b) Exemptions. (1) A loan on property of 25 acres or more.
(2) Business purpose loans. An extension of credit primarily for a
business, commercial, or agricultural purpose, as defined by Regulation
Z, 12 CFR 226.3(a)(1). Persons may rely on Regulation Z in determining
whether the exemption applies.
(3) Temporary financing. Temporary financing, such as a construction
loan. The exemption for temporary financing does not apply to a loan
made to finance construction of 1- to 4-family residential property if
the loan is used as, or may be converted to, permanent financing by the
same lender or is used to finance transfer of title to the first user.
If a lender issues a commitment for permanent financing, with or without
conditions, the loan is covered by this part. Any construction loan for
new or rehabilitated 1- to 4-family residential property, other than a
loan to a bona fide builder (a person who regularly constructs 1- to 4-
family residential structures for sale or lease), is subject to this
part if its term is for two years or more. A ``bridge loan'' or ``swing
loan'' in which a lender takes a security interest in otherwise covered
1- to 4-family residential property is not covered by RESPA and this
part.
(4) Vacant land. Any loan secured by vacant or unimproved property,
unless within two years from the date of the settlement of the loan, a
structure or a manufactured home will be constructed or placed on the
real property using the loan proceeds. If a loan for a structure or
manufactured home to be placed on vacant or unimproved property will be
secured by a lien on that property, the transaction is covered by this
part.
(5) Assumption without lender approval. Any assumption in which the
lender does not have the right expressly to approve a subsequent person
as the borrower on an existing federally related mortgage loan. Any
assumption in which the lender's permission is both required and
obtained is covered by RESPA and this part, whether or not the lender
charges a fee for the assumption.
(6) Loan conversions. Any conversion of a federally related mortgage
loan to different terms that are consistent with provisions of the
original mortgage instrument, as long as a new note
[[Page 254]]
is not required, even if the lender charges an additional fee for the
conversion.
(7) Secondary market transactions. A bona fide transfer of a loan
obligation in the secondary market is not covered by RESPA and this
part, except as set forth in section 6 of RESPA (12 U.S.C. 2605) and
Sec. 3500.21. In determining what constitutes a bona fide transfer, HUD
will consider the real source of funding and the real interest of the
funding lender. Mortgage broker transactions that are table-funded are
not secondary market transactions. Neither the creation of a dealer loan
or dealer consumer credit contract, nor the first assignment of such
loan or contract to a lender, is a secondary market transaction (see
Sec. 3500.2.)
[61 FR 13233, Mar. 26, 1996, as amended at 61 FR 58475, Nov. 15, 1996]
Sec. 3500.6 Special information booklet at time of loan application.
(a) Lender to provide special information booklet. Subject to the
exceptions set forth in this paragraph, the lender shall provide a copy
of the special information booklet to a person from whom the lender
receives, or for whom the lender prepares, a written application for a
federally related mortgage loan. When two or more persons apply together
for a loan, the lender is in compliance if the lender provides a copy of
the booklet to one of the persons applying.
(1) The lender shall provide the special information booklet by
delivering it or placing it in the mail to the applicant not later than
three business days (as that term is defined in Sec. 3500.2) after the
application is received or prepared. However, if the lender denies the
borrower's application for credit before the end of the three-business-
day period, then the lender need not provide the booklet to the
borrower. If a borrower uses a mortgage broker, the mortgage broker
shall distribute the special information booklet and the lender need not
do so. The intent of this provision is that the applicant receive the
special information booklet at the earliest possible date.
(2) In the case of a federally related mortgage loan involving an
open-ended credit plan, as defined in Sec. 226.2(a)(20) of Regulation Z
(12 CFR), a lender or mortgage broker that provides the borrower with a
copy of the brochure entitled ``When Your Home is On the Line: What You
Should Know About Home Equity Lines of Credit'', or any successor
brochure issued by the Board of Governors of the Federal Reserve System,
is deemed to be in compliance with this section.
(3) In the categories of transactions set forth at the end of this
paragraph, the lender or mortgage broker does not have to provide the
booklet to the borrower. Under the authority of section 19(a) of RESPA
(12 U.S.C. 2617(a)), the Secretary may issue a revised or separate
special information booklet that deals with these transactions, or the
Secretary may chose to endorse the forms or booklets of other Federal
agencies. In such an event, the requirements for delivery by lenders and
the availability of the booklet or alternate materials for these
transactions will be set forth in a Notice in the Federal Register. This
paragraph shall apply to the following transactions:
(i) Refinancing transactions;
(ii) Closed-end loans, as defined in 12 CFR 226.2(a)(10) of
Regulation Z, when the lender takes a subordinate lien;
(iii) Reverse mortgages; and
(iv) Any other federally related mortgage loan whose purpose is not
the purchase of a 1- to 4-family residential property.
(b) Revision. The Secretary may from time to time revise the special
information booklet by publishing a notice in the Federal Register.
(c) Reproduction. The special information booklet may be reproduced
in any form, provided that no change is made other than as provided
under paragraph (d) of this section. The special information booklet may
not be made a part of a larger document for purposes of distribution
under RESPA and this section. Any color, size and quality of paper, type
of print, and method of reproduction may be used so long as the booklet
is clearly legible.
(d) Permissible changes. (1) No changes to, deletions from, or
additions to the special information booklet currently prescribed by the
Secretary shall be made other than those specified in this paragraph (d)
or any others approved in
[[Page 255]]
writing by the Secretary. A request to the Secretary for approval of any
changes shall be submitted in writing to the address indicated in
Sec. 3500.3, stating the reasons why the applicant believes such
changes, deletions or additions are necessary.
(2) The cover of the booklet may be in any form and may contain any
drawings, pictures or artwork, provided that the words ``settlement
costs'' are used in the title. Names, addresses and telephone numbers of
the lender or others and similar information may appear on the cover,
but no discussion of the matters covered in the booklet shall appear on
the cover.
(3) The special information booklet may be translated into languages
other than English.
Sec. 3500.7 Good faith estimate.
(a) Lender to provide. Except as provided in this paragraph (a) or
paragraph (f) of this section, the lender shall provide all applicants
for a federally related mortgage loan with a good faith estimate of the
amount of or range of charges for the specific settlement services the
borrower is likely to incur in connection with the settlement. The
lender shall provide the good faith estimate required under this section
(a suggested format is set forth in appendix C of this part) either by
delivering the good faith estimate or by placing it in the mail to the
loan applicant, not later than three business days after the application
is received or prepared.
(1) If the lender denies the application for a federally related
mortgage loan before the end of the three-business-day period, the
lender need not provide the denied borrower with a good faith estimate.
(2) For ``no cost'' or ``no point'' loans, the charges to be shown
on the good faith estimate include any payments to be made to affiliated
or independent settlement service providers. These payments should be
shown as P.O.C. (Paid Outside of Closing) on the Good Faith Estimate and
the HUD-1 or HUD-1A.
(3) In the case of dealer loans, the lender is responsible for
provision of the good faith estimate, either directly or by the dealer.
(4) If a mortgage broker is the exclusive agent of the lender,
either the lender or the mortgage broker shall provide the good faith
estimate within three business days after the mortgage broker receives
or prepares the application.
(b) Mortgage broker to provide. In the event an application is
received by a mortgage broker who is not an exclusive agent of the
lender, the mortgage broker must provide a good faith estimate within
three days of receiving a loan application based on his or her knowledge
of the range of costs (a suggested format is set forth in appendix C of
this part). As long as the mortgage broker has provided the good faith
estimate, the funding lender is not required to provide an additional
good faith estimate, but the funding lender is responsible for
ascertaining that the good faith estimate has been delivered. If the
application for mortgage credit is denied before the end of the three-
business-day period, the mortgage broker need not provide the denied
borrower with a good faith estimate.
(c) Content of good faith estimate. A good faith estimate consists
of an estimate, as a dollar amount or range, of each charge which:
(1) Will be listed in section L of the HUD-1 or HUD-1A in accordance
with the instructions set forth in appendix A to this part; and
(2) That the borrower will normally pay or incur at or before
settlement based upon common practice in the locality of the mortgaged
property. Each such estimate must be made in good faith and bear a
reasonable relationship to the charge a borrower is likely to be
required to pay at settlement, and must be based upon experience in the
locality of the mortgaged property. As to each charge with respect to
which the lender requires a particular settlement service provider to be
used, the lender shall make its estimate based upon the lender's
knowledge of the amounts charged by such provider.
(d) Form of good faith estimate. A suggested good faith estimate
form is set forth in appendix C to this part and is in compliance with
the requirements of the Act except for any additional requirements of
paragraph (e) of this section. The good faith estimate may be
[[Page 256]]
provided together with disclosures required by the Truth in Lending Act,
15 U.S.C. 1601 et seq., so long as all required material for the good
faith estimate is grouped together. The lender may include additional
relevant information, such as the name/signature of the applicant and
loan officer, date, and information identifying the loan application and
property, as long as the form remains clear and concise and the
additional information is not more prominent than the required material.
(e) Particular providers required by lender. (1) If the lender
requires the use (see Sec. 3500.2, ``required use'') of a particular
provider of a settlement service, other than the lender's own employees,
and also requires the borrower to pay any portion of the cost of such
service, then the good faith estimate must:
(i) Clearly state that use of the particular provider is required
and that the estimate is based on the charges of the designated
provider;
(ii) Give the name, address, and telephone number of each provider;
and
(iii) Describe the nature of any relationship between each such
provider and the lender. Plain English references to the relationship
should be utilized, e.g., ``X is a depositor of the lender,'' ``X is a
borrower from the lender,'' ``X has performed 60% of the lender's
settlements in the past year.'' (The lender is not required to keep
detailed records of the percentages of use. Similar language, such as
``X was used [regularly] [frequently] in our settlements the past year''
is also sufficient for the purposes of this paragraph.) In the event
that more than one relationship exists, each should be disclosed.
(2) For purposes of paragraph (e)(1) of this section, a
``relationship'' exists if:
(i) The provider is an associate of the lender, as that term is
defined in 12 U.S.C. 2602(8);
(ii) Within the last 12 months, the provider has maintained an
account with the lender or had an outstanding loan or credit arrangement
with the lender; or
(iii) The lender has repeatedly used or required borrowers to use
the services of the provider within the last 12 months.
(3) Except for a provider that is the lender's chosen attorney,
credit reporting agency, or appraiser, if the lender is in an affiliated
business relationship (see Sec. 3500.15) with a provider, the lender may
not require the use of that provider.
(4) If the lender maintains a controlled list of required providers
(five or more for each discrete service) or relies on a list maintained
by others, and at the time of application the lender has not yet decided
which provider will be selected from that list, then the lender may
satisfy the requirements of this section if the lender:
(i) Provides the borrower with a written statement that the lender
will require a particular provider from a lender-controlled or -approved
list; and
(ii) Provides the borrower in the Good Faith Estimate the range of
costs for the required provider(s), and provides the name of the
specific provider and the actual cost on the HUD-1 or HUD-1A.
(f) Open-end lines of credit (home-equity plans) under Truth in
Lending Act. In the case of a federally related mortgage loan involving
an open-end line of credit (home-equity plan) covered under the Truth in
Lending Act and Regulation Z, a lender or mortgage broker that provides
the borrower with the disclosures required by 12 CFR 226.5b of
Regulation Z at the time the borrower applies for such loan shall be
deemed to satisfy the requirements of this section.
(Approved by the Office of Management and Budget under control number
2502-0265)
[61 FR 13233, Mar. 26, 1996, as amended at 61 FR 58476, Nov. 15, 1996]
Sec. 3500.8 Use of HUD-1 or HUD-1A settlement statements.
(a) Use by settlement agent. The settlement agent shall use the HUD-
1 settlement statement in every settlement involving a federally related
mortgage loan in which there is a borrower and a seller. For
transactions in which there is a borrower and no seller, such as
refinancing loans or subordinate lien loans, the HUD-1 may be utilized
by using the borrower's side of the HUD-1 statement. Alternatively, the
form HUD-1A may be used for these transactions. Either the HUD-1 or the
HUD-
[[Page 257]]
1A, as appropriate, shall be used for every RESPA-covered transaction,
unless its use is specifically exempted, but the HUD-1 or HUD-1A may be
modified as permitted under this part. The use of the HUD-1 or HUD-1A is
exempted for open-end lines of credit (home-equity plans) covered by the
Truth in Lending Act and Regulation Z.
(b) Charges to be stated. The settlement agent shall complete the
HUD-1 or HUD-1A in accordance with the instructions set forth in
appendix A to this part.
(c) Aggregate accounting at settlement. (1) After itemizing
individual deposits in the 1000 series using single-item accounting, the
servicer shall make an adjustment based on aggregate accounting. This
adjustment equals the difference in the deposit required under aggregate
accounting and the sum of the deposits required under single-item
accounting. The computation steps for both accounting methods are set
out in Sec. 3500.17(d). The adjustment will always be a negative number
or zero (-0-). The settlement agent shall enter the aggregate adjustment
amount on a final line in the 1000 series of the HUD-1 or HUD-1A
statement.
(2) During the phase-in period, as defined in Sec. 3500.17(b), an
alternative procedure is available. The settlement agent may initially
calculate the 1000 series deposits for the HUD-1 and HUD-1A settlement
statement using single-item analysis with only a one-month cushion
(unless the mortgage loan documents indicate a smaller amount). In the
escrow account analysis conducted within 45 days of settlement, however,
the servicer shall adjust the escrow account to reflect the aggregate
accounting balance. Appendix E to this part sets out examples of
aggregate analysis. Appendix A to this part contains instructions for
completing the HUD-1 or HUD-1A settlement statements using an aggregate
analysis adjustment and the alternative process during the phase-in
period.
(Approved by the Office of Management and Budget under control numbers
2502-0265 and 2502-0491)
[61 FR 13233, Mar. 26, 1996, as amended at 61 FR 58476, Nov. 15, 1996]
Sec. 3500.9 Reproduction of settlement statements.
(a) Permissible changes--HUD-1. The following changes and insertions
are permitted when the HUD-1 settlement statement is reproduced:
(1) The person reproducing the HUD-1 may insert its business name
and logotype in section A and may rearrange, but not delete, the other
information that appears in section A.
(2) The name, address, and other information regarding the lender
and settlement agent may be printed in sections F and H, respectively.
(3) Reproduction of the HUD-1 must conform to the terminology,
sequence, and numbering of line items as presented in lines 100-1400.
However, blank lines or items listed in lines 100-1400 that are not used
locally or in connection with mortgages by the lender may be deleted,
except for the following: Lines 100, 120, 200, 220, 300, 301, 302, 303,
400, 420, 500, 520, 600, 601, 602, 603, 700, 800, 900, 1000, 1100, 1200,
1300, and 1400. The form may be shortened correspondingly. The number of
a deleted item shall not be used for a substitute or new item, but the
number of a blank space on the HUD-1 may be used for a substitute or new
item.
(4) Charges not listed on the HUD-1, but that are customary locally
or pursuant to the lender's practice, may be inserted in blank spaces.
Where existing blank spaces on the HUD-1 are insufficient, additional
lines and spaces may be added and numbered in sequence with spaces on
the HUD-1.
(5) The following variations in layout and format are within the
discretion of persons reproducing the HUD-1 and do not require prior HUD
approval: size of pages; tint or color of pages; size and style of type
or print; vertical spacing between lines or provision for additional
horizontal space on lines (for example, to provide sufficient space for
recording time periods used in prorations); printing of the HUD-1
contents on separate pages, on the front and back of a single page, or
on one continuous page; use of multicopy tear-out sets; printing on
rolls for computer purposes; reorganization of sections B through I,
when necessary to accommodate computer printing; and manner of placement
of the HUD number, but
[[Page 258]]
not the OMB approval number, neither of which may be deleted. The
designation of the expiration date of the OMB number may be deleted. Any
changes in the HUD number or OMB approval number may be announced by
notice in the Federal Register, rather than by amendment of this part.
(6) The borrower's information and the seller's information may be
provided on separate pages.
(7) Signature lines may be added.
(8) The HUD-1 may be translated into languages other than English.
(9) An additional page may be attached to the HUD-1 for the purpose
of including customary recitals and information used locally in real
estate settlements; for example, breakdown of payoff figures, a
breakdown of the borrower's total monthly mortgage payments, check
disbursements, a statement indicating receipt of funds, applicable
special stipulations between buyer and seller, and the date funds are
transferred. If space permits, such information may be added at the end
of the HUD-1.
(10) As required by HUD/FHA in FHA-insured loans.
(11) As allowed by Sec. 3500.17, relating to an initial escrow
account statement.
(b) Permissible changes--HUD-1A. The changes and insertions on the
HUD-1 permitted under paragraph (a) of this section are also permitted
when the HUD-1A settlement statement is reproduced, except the changes
described in paragraphs (a)(3) and (6) of this section.
(c) Written approval. Any other deviation in the HUD-1 or HUD-1A
forms is permissible only upon receipt of written approval of the
Secretary. A request to the Secretary for approval shall be submitted in
writing to the address indicated in Sec. 3500.3 and shall state the
reasons why the applicant believes such deviation is needed. The
prescribed form(s) must be used until approval is received.
(Approved by the Office of Management and Budget under control numbers
2502-0265 and 2502-0491)
Sec. 3500.10 One-day advance inspection of HUD-1 or HUD-1A settlement statement; delivery; recordkeeping.
(a) Inspection one day prior to settlement upon request by the
borrower. The settlement agent shall permit the borrower to inspect the
HUD-1 or HUD-1A settlement statement, completed to set forth those items
that are known to the settlement agent at the time of inspection, during
the business day immediately preceding settlement. Items related only to
the seller's transaction may be omitted from the HUD-1.
(b) Delivery. The settlement agent shall provide a completed HUD-1
or HUD-1A to the borrower, the seller (if there is one), the lender (if
the lender is not the settlement agent), and/or their agents. When the
borrower's and seller's copies of the HUD-1 or HUD-1A differ as
permitted by the instructions in appendix A to this part, both copies
shall be provided to the lender (if the lender is not the settlement
agent). The settlement agent shall deliver the completed HUD-1 or HUD-1A
at or before the settlement, except as provided in paragraphs (c) and
(d) of this section.
(c) Waiver. The borrower may waive the right to delivery of the
completed HUD-1 or HUD-1A no later than at settlement by executing a
written waiver at or before settlement. In such case, the completed HUD-
1 or HUD-1A shall be mailed or delivered to the borrower, seller, and
lender (if the lender is not the settlement agent) as soon as
practicable after settlement.
(d) Exempt transactions. When the borrower or the borrower's agent
does not attend the settlement, or when the settlement agent does not
conduct a meeting of the parties for that purpose, the transaction shall
be exempt from the requirements of paragraphs (a) and (b) of this
section, except that the HUD-1 or HUD-1A shall be mailed or delivered as
soon as practicable after settlement.
(e) Recordkeeping. The lender shall retain each completed HUD-1 or
HUD-1A and related documents for five years after settlement, unless the
lender disposes of its interest in the mortgage and does not service the
mortgage. In that case, the lender shall provide its copy of the HUD-1
or HUD-1A to the owner or servicer of the mortgage as a part of the
transfer of the loan file. Such owner or servicer shall retain the HUD-1
or HUD-1A for the remainder of the five-year period. The Secretary
[[Page 259]]
shall have the right to inspect or require copies of records covered by
this paragraph (e).
(Approved by the Office of Management and Budget under control number
2502-0265)
Sec. 3500.11 Mailing.
The provisions of this part requiring or permitting mailing of
documents shall be deemed to be satisfied by placing the document in the
mail (whether or not received by the addressee) addressed to the
addresses stated in the loan application or in other information
submitted to or obtained by the lender at the time of loan application
or submitted or obtained by the lender or settlement agent, except that
a revised address shall be used where the lender or settlement agent has
been expressly informed in writing of a change in address.
Sec. 3500.12 No fee.
No fee shall be imposed or charge made upon any other person, as a
part of settlement costs or otherwise, by a lender in connection with a
federally related mortgage loan made by it (or a loan for the purchase
of a manufactured home), or by a servicer (as that term is defined under
12 U.S.C. 2605(i)(2)) for or on account of the preparation and
distribution of the HUD-1 or HUD-1A settlement statement, escrow account
statements required pursuant to section 10 of RESPA (12 U.S.C. 2609), or
statements required by the Truth in Lending Act, 15 U.S.C. 1601 et seq.
Sec. 3500.13 Relation to State laws.
(a) State laws that are inconsistent with RESPA or this part are
preempted to the extent of the inconsistency. However, RESPA and these
regulations do not annul, alter, affect, or exempt any person subject to
their provisions from complying with the laws of any State with respect
to settlement practices, except to the extent of the inconsistency.
(b) Upon request by any person, the Secretary is authorized to
determine if inconsistencies with State law exist; in doing so, the
Secretary shall consult with appropriate Federal agencies.
(1) The Secretary may not determine that a State law or regulation
is inconsistent with any provision of RESPA or this part, if the
Secretary determines that such law or regulation gives greater
protection to the consumer.
(2) In determining whether provisions of State law or regulations
concerning affiliated business arrangements are inconsistent with RESPA
or this part, the Secretary may not construe those provisions that
impose more stringent limitations on affiliated business arrangements as
inconsistent with RESPA so long as they give more protection to
consumers and/or competition.
(c) Any person may request the Secretary to determine whether an
inconsistency exists by submitting to the address indicated in
Sec. 3500.3, a copy of the State law in question, any other law or
judicial or administrative opinion that implements, interprets or
applies the relevant provision, and an explanation of the possible
inconsistency. A determination by the Secretary that an inconsistency
with State law exists will be made by publication of a notice in the
Federal Register. ``Law'' as used in this section includes regulations
and any enactment which has the force and effect of law and is issued by
a State or any political subdivision of a State.
(d) A specific preemption of conflicting State laws regarding
notices and disclosures of mortgage servicing transfers is set forth in
Sec. 3500.21(h).
[61 FR 13233, Mar. 26, 1996, as amended at 61 FR 58476, Nov. 15, 1996]
Sec. 3500.14 Prohibition against kickbacks and unearned fees.
(a) Section 8 violation. Any violation of this section is a
violation of section 8 of RESPA (12 U.S.C. 2607) and is subject to
enforcement as such under Sec. 3500.19.
(b) No referral fees. No person shall give and no person shall
accept any fee, kickback or other thing of value pursuant to any
agreement or understanding, oral or otherwise, that business incident to
or part of a settlement service involving a federally related mortgage
loan shall be referred to any person. Any referral of a settlement
service is not a compensable service, except as set forth in
Sec. 3500.14(g)(1). A
[[Page 260]]
company may not pay any other company or the employees of any other
company for the referral of settlement service business.
(c) No split of charges except for actual services performed. No
person shall give and no person shall accept any portion, split, or
percentage of any charge made or received for the rendering of a
settlement service in connection with a transaction involving a
federally related mortgage loan other than for services actually
performed. A charge by a person for which no or nominal services are
performed or for which duplicative fees are charged is an unearned fee
and violates this section. The source of the payment does not determine
whether or not a service is compensable. Nor may the prohibitions of
this part be avoided by creating an arrangement wherein the purchaser of
services splits the fee.
(d) Thing of value. This term is broadly defined in section 3(2) of
RESPA (12 U.S.C. 2602(2)). It includes, without limitation, monies,
things, discounts, salaries, commissions, fees, duplicate payments of a
charge, stock, dividends, distributions of partnership profits,
franchise royalties, credits representing monies that may be paid at a
future date, the opportunity to participate in a money-making program,
retained or increased earnings, increased equity in a parent or
subsidiary entity, special bank deposits or accounts, special or unusual
banking terms, services of all types at special or free rates, sales or
rentals at special prices or rates, lease or rental payments based in
whole or in part on the amount of business referred, trips and payment
of another person's expenses, or reduction in credit against an existing
obligation. The term ``payment'' is used throughout Secs. 3500.14 and
3500.15 as synonymous with the giving or receiving any ``thing of
value'' and does not require transfer of money.
(e) Agreement or understanding. An agreement or understanding for
the referral of business incident to or part of a settlement service
need not be written or verbalized but may be established by a practice,
pattern or course of conduct. When a thing of value is received
repeatedly and is connected in any way with the volume or value of the
business referred, the receipt of the thing of value is evidence that it
is made pursuant to an agreement or understanding for the referral of
business.
(f) Referral. (1) A referral includes any oral or written action
directed to a person which has the effect of affirmatively influencing
the selection by any person of a provider of a settlement service or
business incident to or part of a settlement service when such person
will pay for such settlement service or business incident thereto or pay
a charge attributable in whole or in part to such settlement service or
business.
(2) A referral also occurs whenever a person paying for a settlement
service or business incident thereto is required to use (see
Sec. 3500.2, ``required use'') a particular provider of a settlement
service or business incident thereto.
(g) Fees, salaries, compensation, or other payments. (1) Section 8
of RESPA permits:
(i) A payment to an attorney at law for services actually rendered;
(ii) A payment by a title company to its duly appointed agent for
services actually performed in the issuance of a policy of title
insurance;
(iii) A payment by a lender to its duly appointed agent or
contractor for services actually performed in the origination,
processing, or funding of a loan;
(iv) A payment to any person of a bona fide salary or compensation
or other payment for goods or facilities actually furnished or for
services actually performed;
(v) A payment pursuant to cooperative brokerage and referral
arrangements or agreements between real estate agents and real estate
brokers. (The statutory exemption restated in this paragraph refers only
to fee divisions within real estate brokerage arrangements when all
parties are acting in a real estate brokerage capacity, and has no
applicability to any fee arrangements between real estate brokers and
mortgage brokers or between mortgage brokers.);
(vi) Normal promotional and educational activities that are not
conditioned on the referral of business and
[[Page 261]]
that do not involve the defraying of expenses that otherwise would be
incurred by persons in a position to refer settlement services or
business incident thereto; or
(vii) An employer's payment to its own employees for any referral
activities.
(2) The Department may investigate high prices to see if they are
the result of a referral fee or a split of a fee. If the payment of a
thing of value bears no reasonable relationship to the market value of
the goods or services provided, then the excess is not for services or
goods actually performed or provided. These facts may be used as
evidence of a violation of section 8 and may serve as a basis for a
RESPA investigation. High prices standing alone are not proof of a RESPA
violation. The value of a referral (i.e., the value of any additional
business obtained thereby) is not to be taken into account in
determining whether the payment exceeds the reasonable value of such
goods, facilities or services. The fact that the transfer of the thing
of value does not result in an increase in any charge made by the person
giving the thing of value is irrelevant in determining whether the act
is prohibited.
(3) Multiple services. When a person in a position to refer
settlement service business, such as an attorney, mortgage lender, real
estate broker or agent, or developer or builder, receives a payment for
providing additional settlement services as part of a real estate
transaction, such payment must be for services that are actual,
necessary and distinct from the primary services provided by such
person. For example, for an attorney of the buyer or seller to receive
compensation as a title agent, the attorney must perform core title
agent services (for which liability arises) separate from attorney
services, including the evaluation of the title search to determine the
insurability of the title, the clearance of underwriting objections, the
actual issuance of the policy or policies on behalf of the title
insurance company, and, where customary, issuance of the title
commitment, and the conducting of the title search and closing.
(h) Recordkeeping. Any documents provided pursuant to this section
shall be retained for five (5) years from the date of execution.
(i) Appendix B of this part. Illustrations in appendix B of this
part demonstrate some of the requirements of this section.
[61 FR 13233, Mar. 26, 1996, as amended at 61 FR 29252, June 7, 1996; 61
FR 58476, Nov. 15, 1996]
Effective Date Note: At 61 FR 29252, June 7, 1996, Sec. 3500.14 was
amended by revising the last sentence of paragraph (b), the heading of
paragraph (g), and paragraph (g)(1), effective Oct. 7, 1996. At 61 FR
51782, Oct. 4, 1996, the effective date was delayed until further
notice. For the convenience of the user, the new text is set forth as
follows:
Sec. 3500.14 Prohibition against kickbacks and unearned fees.
* * * * *
(b) * * * A business entity (whether or not in an affiliate
relationship) may not pay any other business entity or the employees of
any other business entity for the referral of settlement service
business.
* * * * *
(g) Exemptions for fees, salaries, compensation, or other payments.
(1) The following are permissible:
(i) A payment to an attorney at law for services actually rendered;
(ii) A payment by a title company to its duly appointed agent for
services actually performed in the issuance of a policy of title
insurance;
(iii) A payment by a lender to its duly appointed agent or
contractor for services actually performed in the origination,
processing, or funding of a loan;
(iv) A payment to any person of a bona fide salary or compensation
or other payment for goods or facilities actually furnished or for
services actually performed;
(v) A payment pursuant to cooperative brokerage and referral
arrangements or agreements between real estate agents and real estate
brokers. (The statutory exemption restated in this paragraph refers only
to fee divisions within real estate brokerage arrangements when all
parties are acting in a real estate brokerage capacity, and has no
applicability to any fee arrangements between real estate brokers and
mortgage brokers or between mortgage brokers.)
(vi) Normal promotional and educational activities that are not
conditioned on the referral of business and do not involve the defraying
of expenses that otherwise would be
[[Page 262]]
incurred by persons in a position to refer settlement services or
business incident thereto;
(vii) A payment by an employer to its own bona fide employee for
generating business for that employer;
(viii) In a controlled business arrangement, a payment by an
employer of a bonus to a managerial employee based on criteria relating
to performance (such as profitability, capture rate, or other
thresholds) of a business entity in the controlled business arrangement.
However, the amount of such bonus may not be calculated as a multiple of
the number or value of referrals of settlement service business to a
business entity in a controlled business arrangement; and
(ix)(A) A payment by an employer to its bona fide employee for the
referral of settlement service business to a settlement service provider
that has an affiliate relationship with the employer or in which the
employer has a direct or beneficial ownership interest of more than 1
percent, if the following conditions are met:
(1) The employee does not perform settlement services in any
transaction; and
(2) Before the referral, the employee provides to the person being
referred a written disclosure in the format of the Controlled Business
Arrangement Disclosure Statement, set forth in appendix D to this part.
(B) For purposes of this paragraph (g)(1)(ix), the marketing of a
settlement service or product of an affiliated entity, including the
collection and conveyance of information or the taking of an application
or order for an affiliated entity, does not constitute the performance
of a settlement service. Under this paragraph (g)(1)(ix), marketing of a
settlement service or product may include incidental communications with
the consumer after the application or order, such as providing the
consumer with information about the status of an application or order;
marketing shall not include serving as the ongoing point of contact for
coordinating the delivery and provision of settlement services.
* * * * *
Sec. 3500.15 Affiliated business arrangements.
(a) General. An affiliated business arrangement is defined in
section 3(7) of RESPA (12 U.S.C. 2602(7)).
(b) Violation and exemption. An affiliated business arrangement is
not a violation of section 8 of RESPA (12 U.S.C. 2607) and of
Sec. 3500.14 if the conditions set forth in this section are satisfied.
Paragraph (b)(1) of this section shall not apply to the extent it is
inconsistent with section 8(c)(4)(A) of RESPA (12 U.S.C. 2607(c)(4)(A)).
(1) The person making each referral has provided to each person
whose business is referred a written disclosure, in the format of the
Affiliated Business Arrangement Disclosure Statement set forth in
appendix D of this part, of the nature of the relationship (explaining
the ownership and financial interest) between the provider of settlement
services (or business incident thereto) and the person making the
referral and of an estimated charge or range of charges generally made
by such provider (which describes the charge using the same terminology,
as far as practical, as section L of the HUD-1 settlement statement).
The disclosures must be provided on a separate piece of paper no later
than the time of each referral or, if the lender requires use of a
particular provider, the time of loan application, except that:
(i) Where a lender makes the referral to a borrower, the condition
contained in paragraph (b)(1) of this section may be satisfied at the
time that the good faith estimate or a statement under Sec. 3500.7(d) is
provided; and
(ii) Whenever an attorney or law firm requires a client to use a
particular title insurance agent, the attorney or law firm shall provide
the disclosures no later than the time the attorney or law firm is
engaged by the client. Failure to comply with the disclosure
requirements of this section may be overcome if the person making a
referral can prove by a preponderance of the evidence that procedures
reasonably adopted to result in compliance with these conditions have
been maintained and that any failure to comply with these conditions was
unintentional and the result of a bona fide error. An error of legal
judgment with respect to a person's obligations under RESPA is not a
bona fide error. Administrative and judicial interpretations of section
130(c) of the Truth in Lending Act shall not be binding interpretations
of the preceding sentence or section 8(d)(3) of RESPA (12 U.S.C.
2607(d)(3)).
(2) No person making a referral has required (as defined in
Sec. 3500.2, ``required use'') any person to use any particular provider
of settlement services
[[Page 263]]
or business incident thereto, except if such person is a lender, for
requiring a buyer, borrower or seller to pay for the services of an
attorney, credit reporting agency, or real estate appraiser chosen by
the lender to represent the lender's interest in a real estate
transaction, or except if such person is an attorney or law firm for
arranging for issuance of a title insurance policy for a client,
directly as agent or through a separate corporate title insurance agency
that may be operated as an adjunct to the law practice of the attorney
or law firm, as part of representation of that client in a real estate
transaction.
(3) The only thing of value that is received from the arrangement
other than payments listed in Sec. 3500.14(g) is a return on an
ownership interest or franchise relationship.
(i) In an affiliated business arrangement:
(A) Bona fide dividends, and capital or equity distributions,
related to ownership interest or franchise relationship, between
entities in an affiliate relationship, are permissible; and
(B) Bona fide business loans, advances, and capital or equity
contributions between entities in an affiliate relationship (in any
direction), are not prohibited--so long as they are for ordinary
business purposes and are not fees for the referral of settlement
service business or unearned fees.
(ii) A return on an ownership interest does not include:
(A) Any payment which has as a basis of calculation no apparent
business motive other than distinguishing among recipients of payments
on the basis of the amount of their actual, estimated or anticipated
referrals;
(B) Any payment which varies according to the relative amount of
referrals by the different recipients of similar payments; or
(C) A payment based on an ownership, partnership or joint venture
share which has been adjusted on the basis of previous relative
referrals by recipients of similar payments.
(iii) Neither the mere labelling of a thing of value, nor the fact
that it may be calculated pursuant to a corporate or partnership
organizational document or a franchise agreement, will determine whether
it is a bona fide return on an ownership interest or franchise
relationship. Whether a thing of value is such a return will be
determined by analyzing facts and circumstances on a case by case basis.
(iv) A return on franchise relationship may be a payment to or from
a franchisee but it does not include any payment which is not based on
the franchise agreement, nor any payment which varies according to the
number or amount of referrals by the franchisor or franchisee or which
is based on a franchise agreement which has been adjusted on the basis
of a previous number or amount of referrals by the franchiser or
franchisees. A franchise agreement may not be constructed to insulate
against kickbacks or referral fees.
(c) Definitions. As used in this section:
(1) Associate is defined in section 3(8) of RESPA (12 U.S.C.
2602(8)).
(2) Affiliate relationship means the relationship among business
entities where one entity has effective control over the other by virtue
of a partnership or other agreement or is under common control with the
other by a third entity or where an entity is a corporation related to
another corporation as parent to subsidiary by an identity of stock
ownership.
(3) Beneficial ownership means the effective ownership of an
interest in a provider of settlement services or the right to use and
control the ownership interest involved even though legal ownership or
title may be held in another person's name.
(4) Control, as used in the definitions of ``associate'' and
``affiliate relationship,'' means that a person:
(i) Is a general partner, officer, director, or employer of another
person;
(ii) Directly or indirectly or acting in concert with others, or
through one or more subsidiaries, owns, holds with power to vote, or
holds proxies representing, more than 20 percent of the voting interests
of another person;
(iii) Affirmatively influences in any manner the election of a
majority of the directors of another person; or
(iv) Has contributed more than 20 percent of the capital of the
other person.
[[Page 264]]
(5) Direct ownership means the holding of legal title to an interest
in a provider of settlement service except where title is being held for
the beneficial owner.
(6) Franchise is defined in 16 CFR 436.2(a).
(7) Franchisor is defined in 16 CFR 436.2(c).
(8) Franchisee is defined in 16 CFR 436.2(d).
(9) Person who is in a position to refer settlement service business
means any real estate broker or agent, lender, mortgage broker, builder
or developer, attorney, title company, title agent, or other person
deriving a significant portion of his or her gross income from providing
settlement services.
(d) Recordkeeping. Any documents provided pursuant to this section
shall be retained for 5 years after the date of execution.
(e) Appendix B of this part. Illustrations in appendix B of this
part demonstrate some of the requirements of this section.
[61 FR 13233, Mar. 26, 1996, as amended at 61 FR 29252, June 7, 1996; 61
FR 58476, Nov. 15, 1996]
Effective Date Note: At 61 FR 29252, June 7, 1996, Sec. 3500.15 was
amended by revising the introductory text of paragraph (b)(1), effective
Oct. 7, 1996. At 61 FR 51782, Oct. 4, 1996, the effective date was
delayed until further notice. For the convenience of the user, the new
text is set forth as follows:
Sec. 3500.15 Controlled business arrangements.
* * * * *
(b) * * *
(1) Prior to the referral, the person making a referral has provided
to each person whose business is referred a written disclosure, in the
format of the Controlled Business Arrangement Disclosure Statement set
forth in appendix D of this part. This disclosure shall specify the
nature of the relationship (explaining the ownership and financial
interest) between the person performing settlement services (or business
incident thereto) and the person making the referral, and shall describe
the estimated charge or range of charges (using the same terminology, as
far as practical, as section L of the HUD-1 or HUD-1A settlement
statement) generally made by the provider of settlement services. The
disclosure must be provided on a separate piece of paper no later than
the time of each referral or, if the lender requires the use of a
particular provider, the time of loan application, except that:
* * * * *
Sec. 3500.16 Title companies.
No seller of property that will be purchased with the assistance of
a federally related mortgage loan shall violate section 9 of RESPA (12
U.S.C. 2608). Section 3500.2 defines ``required use'' of a provider of a
settlement service. Section 3500.19(c) explains the liability of a
seller for a violation of this section.