[Title 24 CFR ]
[Code of Federal Regulations (annual edition) - April 1, 2018 Edition]
[From the U.S. Government Publishing Office]



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          Title 24

Housing and Urban Development


________________________

Part 1700 to End

                         Revised as of April 1, 2018

          Containing a codification of documents of general 
          applicability and future effect

          As of April 1, 2018
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 24:
    SUBTITLE B--Regulations Relating to Housing and Urban 
      Development (Continued)
          Chapter X--Office of Assistant Secretary for 
          Housing--Federal Housing Commissioner, Department of 
          Housing and Urban Development (Interstate Land Sales 
          Registration Program) [Reserved]
          Chapter XII--Office of Inspector General, Department 
          of Housing and Urban Development                           7
          Chapter XV--Emergency Mortgage Insurance and Loan 
          Programs, Department of Housing and Urban 
          Development [Reserved]
          Chapter XX--Office of Assistant Secretary for 
          Housing--Federal Housing Commissioner, Department of 
          Housing and Urban Development                             27
          Chapter XXIV--Board of Directors of the Hope for 
          Homeowners Program [Reserved]
          Chapter XXV--Neighborhood Reinvestment Corporation       289
  Finding Aids:
      Table of CFR Titles and Chapters........................     301
      Alphabetical List of Agencies Appearing in the CFR......     321
      List of CFR Sections Affected...........................     331

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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 24 CFR 2002.1 refers 
                       to title 24, part 2002, 
                       section 1.

                     ----------------------------

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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, April 1, 2018), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
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EFFECTIVE AND EXPIRATION DATES

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OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

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Many agencies have begun publishing numerous OMB control numbers as 
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PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
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Code users may find the text of provisions in effect on any given date 
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Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

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established by statute and allows Federal agencies to meet the 
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    (b) The matter incorporated is in fact available to the extent 
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    (c) The incorporating document is drafted and submitted for 
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alphabetical list of agencies publishing in the CFR are also included in 
this volume.

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    An index to the text of ``Title 3--The President'' is carried within 
that volume.
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This index is based on a consolidation of the ``Contents'' entries in 
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    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

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INQUIRIES

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ELECTRONIC SERVICES

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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    April 1, 2018

                                
                                      
                            

  

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                               THIS TITLE

    Title 24--Housing and Urban Development is composed of five volumes. 
The first four volumes containing parts 0-199, parts 200-499, parts 500-
699, parts 700-1699, represent the regulations of the Department of 
Housing and Urban Development. The fifth volume, containing part 1700 to 
end, continues with regulations of the Department of Housing and Urban 
Development and also includes regulations of the Board of Directors of 
the Hope for Homeowners Program, and the Neighborhood Reinvestment 
Corporation. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of April 1, 2018.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

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                 TITLE 24--HOUSING AND URBAN DEVELOPMENT




                  (This book contains part 1700 to End)

  --------------------------------------------------------------------

   SUBTITLE B--Regulations Relating to Housing and Urban Development 
                                (Continued)

                                                                    Part

chapter x--Office of Assistant Secretary for Housing--
  Federal Housing Commissioner, Department of Housing and 
  Urban Development (Interstate Land Sales Registration 
  Program) [Reserved].......................................

chapter xii--Office of Inspector General, Department of 
  Housing and Urban Development.............................        2002

chapter xv--Emergency Mortgage Insurance and Loan Programs, 
  Department of Housing and Urban Development [Reserved]....

chapter xx--Office of Assistant Secretary for Housing--
  Federal Housing Commissioner, Department of Housing and 
  Urban Development.........................................        3280

chapter xxiv--Board of Directors of the Hope for Homeowners 
  Program [Reserved]........................................

chapter xxv--Neighborhood Reinvestment Corporation..........        4100

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   Subtitle B--Regulations Relating to Housing and Urban Development 
                               (Continued)

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 CHAPTER X--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 
 COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (INTERSTATE 
               LAND SALES REGISTRATION PROGRAM) [RESERVED]




  --------------------------------------------------------------------
                                                                        
  

          PARTS 1700-1799 [Reserved]

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  CHAPTER XII--OFFICE OF INSPECTOR GENERAL, DEPARTMENT OF HOUSING AND 
                            URBAN DEVELOPMENT




  --------------------------------------------------------------------
Part                                                                Page
2000-2001

  [Reserved]

2002            Availability of information to the public...           9
2003            Implementation of the Privacy Act of 1974...          15
2004            Subpoenas and production in response to 
                    subpoenas or demands of courts or other 
                    authorities.............................          19
2005-2099

  [Reserved]

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                       PARTS 2000	2001 [RESERVED]



PART 2002_AVAILABILITY OF INFORMATION TO THE PUBLIC--Table of Contents



Sec.
2002.1  Scope of this part and applicability of other HUD regulations.
2002.3  OIG's overall policy concerning disclosable records and requests 
          for OIG records.
2002.5  How to make a request for OIG records; records produced.
2002.7  OIG processing of requests, multi-tracking, and expedited 
          processing.
2002.9  Proactive disclosures of records.
2002.11  Agency review of records and aggregating requests.
2002.13  Fee schedule, advance payment, and waiving or reducing fees.
2002.15  Time limitations.
2002.17  Authority to release records or duplications.
2002.19  Authority to deny requests for records and form of denial, 
          exemptions, and exclusions.
2002.21  Effect of denial of request.
2002.23  Administrative review.

    Authority: 5 U.S.C. 552; 5 U.S.C. App. 3; 42 U.S.C. 3535(d); 
Delegation of Authority, 46 FR 2389.

    Source: 83 FR 7391, Feb. 21, 2018, unless otherwise noted.



Sec. 2002.1  Scope of this part and applicability of other HUD
regulations.

    (a) General. This part contains the regulations of the Office of 
Inspector General (OIG) that implement the Freedom of Information Act 
(FOIA) (5 U.S.C. 552). It informs the public how to request records and 
information from the OIG and explains the procedure to use if a request 
is denied. Requests made by individuals for records about themselves 
under the Privacy Act of 1974, 5 U.S.C. 552a, are processed in 
accordance with 24 CFR part 2003 as well as this part. Requests for 
documents made by subpoena or other demands of courts or other 
authorities are governed by procedures contained in part 2004 of this 
chapter. These rules should be read in conjunction with the text of the 
FOIA and the Uniform Freedom of Information Fee Schedule and Guidelines 
published by the Office of Management and Budget. This policy does not 
create any right enforceable in court.
    (b) Applicability of HUD's FOIA regulations. In addition to the 
regulations in this part, Secs. 15.2 and 15.106 of this title apply to 
the production or disclosure of information in the possession of the 
OIG, except as limited in paragraph (c) of this section or otherwise 
expressly stated in this part.
    (c) Limited applicability of Secs. 15.2 and 15.106 of this title. 
The OIG has different people and entities involved in the FOIA process 
than those defined in Sec. 15.2 and these people and entities are 
specifically identified in this part. For purposes of this part, when 
the words ``HUD'' or ``Department'' are used in Sec. 15.2 or 
Sec. 15.106, the term means the OIG. The OIG will follow the fee 
schedule at Sec. 15.106 except as otherwise provided in this part. Where 
Sec. 15.106 references Sec. 15.103, the OIG reference in this part is 
Sec. 2002.15.



Sec. 2002.3  OIG's overall policy concerning disclosable records.

    (a) The OIG will administer its FOIA program with a presumption of 
openness. This policy does not create any right enforceable in court. 
The OIG will fully and responsibly disclose its identifiable records and 
information consistent with competing public interests, such as national 
security, personal privacy, grand jury and investigative secrecy, 
complainant confidentiality, and agency deliberative process, as are 
recognized by FOIA and other Federal statutes. The OIG will apply the 
FOIA exemptions if release could foreseeably harm an interest protected 
by a FOIA exemption. Release of records will be made as promptly as 
possible.
    (b) The OIG FOIA Public Liaison is the Deputy Counsel to the 
Inspector General. Requesters who have questions or comments concerning 
their FOIA request may contact the FOIA Public Liaison at 202-708-1613, 
or through the FOIA email at [email protected].



Sec. 2002.5  How to make a request for OIG records; records produced.

    (a) Any request for OIG records must be made in writing. The easiest 
way to make a FOIA request is electronically through our public website 
at www.hudoig.gov. A request may also be

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made by submitting the written request to The Office of Inspector 
General; Department of Housing and Urban Development; 451 Seventh Street 
SW, Suite 8260, Washington, DC 20410. The envelope should indicate it is 
a FOIA request. A request for OIG records may also be made in person 
during normal business hours at any office where OIG employees are 
permanently stationed.
    (b) Each request must reasonably describe the desired record, 
including the title or name, author, subject matter, and number or date, 
where possible, so that the record may be identified and located. The 
more specific the FOIA request for records, the more likely OIG 
officials will be able to locate the records requested. The request 
should also include the name, address and telephone number of the 
requester, the fee category that the requester believes applies to the 
request, and the form or format in which the requester would like the 
desired record to be reproduced, if the requester has a preference. In 
order to enable the OIG to comply with the time limitations set forth in 
Sec. 2002.15, both the envelope containing a written request and the 
letter itself should clearly indicate that the subject is a Freedom of 
Information Act request.
    (c) The request must be accompanied by the fee or an offer to pay 
the fee as determined in Sec. 15.106 of this title and Sec. 2002.13.
    (d) The OIG may require information verifying the requester's 
identity, if the requester requests agency records pertaining to the 
requester, a minor, or an individual who is legally incompetent. Failure 
to provide the information when requested will result in the request 
being found insufficient and closed. It will not prevent the future 
refiling of the request.
    (e) Duplication of available records will be made as promptly as 
possible. Such duplication can take the form of paper copy, audiovisual 
materials, or machine-readable documentation (e.g., electronic documents 
on CD, DVD, flash drive, etc.). Records that are published or available 
for sale will not be reproduced.
    (f) The OIG shall honor a requester's specified preference of form 
or format of disclosure if the record is readily reproducible with 
reasonable efforts in the requested form or format by the office 
responding to the request.
    (g) If the requester makes a request for expedited processing, the 
request must provide a detailed explanation of the basis for the 
request. The requester should also include a statement certifying the 
truth of the circumstances supporting the requester's compelling need. 
Requests for expedited processing that simply recite the statutory 
language are generally not granted.



Sec. 2002.7  OIG processing of requests, multi-tracking, and expedited
processing.

    (a) Tracking number. FOIA requests will be logged in the order that 
they are received and be assigned a tracking number, except as provided 
in paragraph (c) of this section. A requester should use the tracking 
number to identify his or her request when contacting the FOIA office 
for any reason. An acknowledgement of receipt of the request, with the 
assigned tracking number, will be sent to the requester by the FOIA 
office.
    (b) Multi-track processing--(1) Types of tracks. For requests that 
do not qualify for expedited processing, the OIG places each request in 
one of two tracks, simple or complex, based on the amount of work and 
time involved in processing the request. In doing so, the OIG will 
consider whether the request involves the processing of voluminous 
documents or responsive documents from more than one organizational 
unit. Within each track, the OIG processes requests in the order in 
which they are received.
    (2) Unusual circumstances. Requests for audit work papers are 
considered complex requests and generally qualify as an unusual 
circumstance under 5 U.S.C. 552(a)(6)(B)(iii), taking longer than 20 
working days to process. Requests for ``all'' specified records over a 
span of time, if they are accepted as reasonably describing a specific 
group of records, are considered complex requests and usually qualify as 
an unusual circumstance under 5 U.S.C. 552(a)(6)(B)(iii), taking longer 
than 20 working days to process. Requesters who make requests qualifying 
as unusual circumstances will be offered an

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opportunity to narrow the scope of their request or arrange for an 
alternative time period.
    (3) Misdirected requests. For requests that have been sent to the 
wrong office, the OIG will assign the request within each track using 
the earlier of either:
    (i) The date on which the request was referred to the appropriate 
office; or
    (ii) The end of the 10 working-day period in which the request 
should have been referred to the appropriate office.
    (c) Expedited processing. (1) The OIG may take your request or 
appeal out of normal order if the OIG determines that you have a 
compelling need for the records or in other cases as determined by the 
OIG. Any requester may ask for expedited processing at any time. If 
expedited processing is requested, the OIG will notify the requester 
within 10 working days whether it will grant expedited processing.
    (2) The OIG will grant requests for expedited processing if it finds 
a compelling need under 5 U.S.C. 552(a)(6)(E). Evidence of a compelling 
need by a person making a request for expedited processing must be made 
in a statement certified by such person to be true and correct to the 
best of such person's knowledge and belief. A compelling need exists if:
    (i) Your failure to obtain the requested records on an expedited 
basis could reasonably be expected to pose an imminent threat to the 
life or physical safety of an individual;
    (ii) You are primarily engaged in disseminating information and 
there is an urgency to inform the public concerning actual or alleged 
Federal Government activity; or
    (iii) Your failure to obtain the requested records on an expedited 
basis could result in the loss of substantial due process rights.
    (3) If the OIG grants the request for expedited processing, the OIG 
will give the request priority and will process it as soon as 
practicable.



Sec. 2002.9  Proactive disclosures of records.

    (a) You may review records that section 552(a)(2) of FOIA requires 
the OIG to make available to the public in the electronic reading rooms 
identified in paragraph (b) of this section. That is the preferable 
method; however, you may also ask to review those documents that are in 
hardcopy at the Headquarters offices at HUD's Library, 451 Seventh 
Street SW, Suite 8141, Washington, DC 20410. This request should be 
coordinated through Office of Legal Counsel, Office of Inspector 
General, Suite 8254. Local offices may coordinate local requests for 
hardcopy reviews.
    (b) As required by 5 U.S.C. 552(a)(2), the OIG makes records created 
on or after November 1, 1996, available through its Electronic FOIA 
Reading Room, located at https://www.hudoig.gov/foia. These records 
include:
    (1) Copies of all records, regardless of form or format that have 
been released to any person under this part: and
    (i) Because of the nature of their subject matter, the agency 
determines that the records have become or are likely to become the 
subject of subsequent requests for substantially the same records; or
    (ii) Have been requested three or more times.
    (2) Report for the preceding fiscal year submitted to the U.S. 
Attorney General and the Director of the Office of Government 
Information Services as required by 5 U.S.C. 552(e) and the raw 
statistical data used in each report. This report will be made 
available:
    (i) Without charge, license, or registration requirement;
    (ii) In an aggregated, searchable format; and
    (iii) In a format that may be downloaded in bulk.
    (c) The OIG also makes other documents, such as audits and 
semiannual reports, available to the public at https://www.hudoig.gov/.



Sec. 2002.11  Agency review of records and aggregating requests.

    (a) Review of records. Only requesters who are seeking documents for 
commercial use may be charged for the time the OIG spends reviewing 
records to determine whether the records are exempt from mandatory 
disclosure. Charges will be assessed only for the initial review; i.e., 
the review undertaken the first time the OIG reviews a

[[Page 12]]

particular record or portion of a record to apply an exemption. The OIG 
will not charge for review at the administrative appeal level of an 
exemption already applied. However, records or portions of records 
withheld under an exemption that is subsequently determined not to apply 
may be reviewed again to determine the applicability of other exemptions 
not previously considered. The costs for such a subsequent review would 
be properly assessable. Review time will be assessed at the same rates 
established for search time in Secs. 2002.13 and 15.106 of this title.
    (b) Aggregating requests. (1) The OIG may aggregate multiple 
requests in cases where unusual circumstances exist and the OIG 
determines that:
    (i) Certain requests from the same requester or from a group of 
requesters acting in concert actually constitute a single request; and
    (ii) The requests involve clearly related matters.
    (2) Aggregation of requests for this purpose will be conducted 
independent of aggregation of requests for fee purposes under 
Sec. 15.106(h) of this title.



Sec. 2002.13  Fee schedule, advance payment, interest charges, and
waiving or reducing fees.

    The OIG will charge for processing requests under the FOIA in 
accordance with Sec. 15.106 of this title, except where those provisions 
conflict with provisions of this part; more specifically, where 
Sec. 15.106 references Sec. 15.103 of this title replace such reference 
with Sec. 2002.15.



Sec. 2002.15  Time limitations.

    (a) General. Upon receipt of a request for records, the appropriate 
Assistant Inspector General or an appointed designee will generally make 
a determination whether to comply with a FOIA request within 20 working 
days. The Assistant Inspector General or designee will immediately 
notify the requestor in writing of the determination and the reason(s) 
for such determination and the right of the person to request assistance 
from the FOIA Public Liaison. The 20-day period will begin on the day 
the request is received by the OIG, but in any event not later than 10 
working days after the request is received by any component designated 
to receive FOIA requests, and after any fees or advance payment of fees 
under Sec. 2002.13 has been made.
    (b) Scope of responsive records. In determining which records are 
responsive to a request, an agency ordinarily will include only records 
in its possession as of the date that it begins its search. If any other 
date is used, the agency must inform the requester of that date. A 
record that is excluded from the requirements of the FOIA pursuant to 5 
U.S.C. 552(c) is not considered responsive to a request.
    (c) Unusual circumstances. Under unusual circumstances, as specified 
in this paragraph (c), the OIG may extend the time period for processing 
a FOIA request. In such circumstances, the OIG will provide the 
requester with written notice setting forth the unusual circumstances 
for the extension and the date on which a determination is expected to 
be made. This date will not exceed 10 working days beyond the general 
time established in paragraph (a) of this section. If processing a 
request would require more than 10 working days beyond the general time 
limit established in paragraph (a) of this section, the OIG will offer 
the requester an opportunity to reduce or limit the scope of the request 
in order to allow the OIG to process it within the extra 10-day working 
period or arrange an alternative time period within which the FOIA 
request will be processed. To aid the requester, the OIG shall make 
available its FOIA Public Liaison, who shall assist in the resolution of 
any disputes between the requester and the OIG, and notify the requester 
of the right of the requester to seek dispute resolution services from 
the Office of Government Information Services. Unusual circumstances 
mean that there is a need:
    (1) To search for and collect the requested records from field 
facilities or other establishments that are separate from the office 
processing the request;
    (2) To search for, collect, and appropriately examine a voluminous 
amount of separate and distinct records that are demanded in a single 
request (e.g. audit work papers); or
    (3) For consultation, which shall be conducted with all practicable 
speed,

[[Page 13]]

with another agency having a substantial interest in the determination 
of the request or among two or more offices of the Office of Inspector 
General having a substantial interest in the subject matter of the 
request.



Sec. 2002.17  Authority to release records or duplications.

    Any Assistant Inspector General or an appointed designee is 
authorized to release any record (or duplication) pertaining to 
activities for which he or she has primary responsibility, unless 
disclosure is clearly inappropriate under this part. No authorized 
person may release records for which another officer has primary 
responsibility without the consent of the officer or his or her 
designee.



Sec. 2002.19  Authority to deny requests for records and form
of denial, exemptions, and exclusions.

    (a) Process for denying requests. An Assistant Inspector General or 
the Counsel to the Inspector General, or their designees, may deny a 
request for a record. Any denial will:
    (1) Be in writing;
    (2) State simply the reasons for the denial;
    (3) Provide an estimate of the volume of records or information 
withheld, when appropriate, in number of pages or in some other 
reasonable form of estimation. This estimate does not need to be 
provided if the volume is otherwise indicated through deletions on 
records disclosed in part, or if providing an estimate would harm an 
interest protected by an applicable exemption;
    (4) Identify the person(s) responsible for the denial by name and 
title;
    (5) Provide notice of the right of the requester to appeal to the 
Deputy Inspector General, within a period determined by the head of the 
agency that is not less than 90 days after the date of such adverse 
determination, consistent with Sec. 2002.23; and
    (6) Provide notice of the right of the requester to seek dispute 
resolution services from the FOIA Public Liaison of the agency or the 
Office of Government Information Services.
    (b) Denying requests generally. The OIG shall withhold information 
only if the OIG reasonably foresees that disclosure would harm an 
interest protected by an exemption as provided in this section, or 
disclosure is prohibited by law. The OIG will consider whether partial 
disclosure of information is possible whenever the OIG determines that a 
full disclosure of a requested record is not possible and will take 
reasonable steps necessary to segregate and release nonexempt 
information. Nothing in this section requires disclosure of information 
that is otherwise prohibited from disclosure by law or otherwise 
exempted from disclosure as provided in this section.
    (c) FOIA exemptions. The FOIA contains nine exemptions (5 U.S.C. 
552(b)) that authorize agencies to withhold various records from 
disclosure, and two exclusions to the statute that may be used by the 
OIG. With regard to the records normally requested, the OIG generally 
applies the exemptions and exclusions as follows:
    (1) Classified documents. Exemption 1 (5 U.S.C. 552(b)(1)) protects 
classified national defense and foreign relations information. The OIG 
seldom relies on this exception to withhold documents. However, where 
applicable, the OIG will refer a request for records classified under 
Executive Order 13526 and the pertinent records to the originating 
agency for processing. The OIG may refuse to confirm or deny the 
existence of the requested information if the originating agency 
determines that the fact of the existence of the information itself is 
classified.
    (2) Internal agency rules and practices. Exemption 2 (5 U.S.C. 
552(b)(2)) protects records relating to internal personnel rules and 
practices.
    (3) Information prohibited from disclosure by another statute. 
Exemption 3 (5 U.S.C. 552(b)(3)) protects information that is prohibited 
from disclosure by another Federal law. Some investigative records 
contain information that could reveal grand jury proceedings, which are 
protected from disclosure by Federal Rule of Criminal Procedure 6(e). 
Section 7 of the Inspector General Act of 1978 prohibits the OIG from 
disclosing the identity of employees who make protected disclosures. The 
OIG generally will not disclose competitive

[[Page 14]]

proposals prior to contract award, competitive proposals that are not 
set forth or incorporated by reference into the awarded contract, (see 
41 U.S.C. 4702), or, during the selection process, any covered selection 
information regarding such selection, either directly or indirectly (see 
42 U.S.C. 3537a).
    (4) Commercial or financial information. Exemption 4 (5 U.S.C. 
552(b)(4)) protects trade secrets and commercial or financial 
information obtained from a person that is privileged and confidential. 
The OIG frequently obtains this information through its audits. The OIG 
will process the release of this category of information pursuant to 
Executive Order 12600 and give notice to the affected business and an 
opportunity for the business to present evidence of its confidentiality 
claim. If the OIG is sued by a requester under the FOIA for 
nondisclosure of confidential business information, the OIG expects the 
affected business to cooperate to the fullest extent possible in 
defending such a decision.
    (5) Certain interagency or intra-agency communications. Exemption 5 
(5 U.S.C. 552(b)(5)) protects interagency or intra-agency communications 
that are protected by legal privileges, such as the attorney-client 
privilege, attorney work-product privilege, or communications reflecting 
the agency's deliberative process. These communications may include 
communications with the Department of Justice and with HUD. The 
deliberative process privilege shall not apply to records created 25 
years or more before the date on which the records were requested.
    (6) Personal privacy. Exemption 6 (5 U.S.C. 552(b)(6)) protects 
information involving matters of personal privacy. This information may 
be found in personnel, medical, and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy. Names, addresses, telephone numbers, and email addresses of 
persons identified in audits or complaints generally will not be 
disclosed. The OIG has learned through experience that some of its 
employees (i.e. Hotline employees) will be harassed if their identities 
are known, and the OIG will protect the identities of these employees. 
As a law enforcement agency, the OIG finds individuals generally have a 
heightened privacy interest for not having their identities associated 
with the OIG.
    (7) Law enforcement records. Exemption 7 (5 U.S.C. 552(b)(7)) 
protects certain records or information compiled for law enforcement 
purposes. This exemption protects records where the production could 
reasonably be expected to interfere with enforcement proceedings. The 
protection of this exemption also encompasses, but is not limited to, 
information in law enforcement files that could reasonably be expected 
to constitute an unwarranted invasion of personal privacy; the names of 
confidential informants; and techniques and procedures for law 
enforcement investigations, or guidelines for law enforcement 
investigations if such disclosure could reasonably be expected to risk 
circumvention of the law. It is the policy of the OIG in responding to 
all FOIA requests for investigative records pertaining to specifically 
named individuals to refuse to confirm or deny the existence of such 
records. Lacking the subject individuals consent, proof of death, an 
official acknowledgement of an investigation, or an overriding public 
interest, even to acknowledge the existence of such records could 
reasonably be expected to constitute an unwarranted invasion of personal 
privacy.
    (8) Supervision of financial institutions. Exemption 8 (5 U.S.C. 
552(b)(8)) protects information relating to the supervision of financial 
institutions. It is unlikely that the OIG will have these documents.
    (9) Wells. Exemption 9 (5 U.S.C. 552(b)(9)) protects geological 
information on wells. It is unlikely that the OIG will have these 
documents.
    (d) FOIA exclusion. Some law enforcement records are excluded from 
the FOIA. 5 U.S.C. 552(c)(1) permits a law enforcement agency to exclude 
a document from the FOIA if there is reason to believe that:
    (1) The subject of the investigation or proceeding is not aware of 
its pendency; and
    (2) Disclosure of the existence of the records could reasonably be 
expected to interfere with enforcement proceedings, in which case the 
agency

[[Page 15]]

may, during only such time as that circumstance continues, treat the 
records as not subject to the requirements of the FOIA. Section 
552(c)(2) of FOIA allows the exclusion of informant records, unless the 
existence of the informant has been officially confirmed.



Sec. 2002.21  Effect of denial of request.

    Denial of a request shall terminate the authority of the Assistant 
Inspector General or his or her designee to release or disclose the 
requested record, which thereafter may not be made publicly available 
except with express authorization of the Inspector General, Deputy 
Inspector General, or Counsel to the Inspector General.



Sec. 2002.23  Administrative review.

    (a) Review is available only from a written determination denying a 
request for a record and only if a written request for review is filed 
within 90 days after issuance of the written determination. If mailed, 
the requester's letter of appeal must be postmarked within 90 calendar 
days of the date of the letter of determination. If the letter of appeal 
is transmitted electronically or by a means other than the United States 
Postal Service, it must be received in the appropriate office by the 
close of business on the 90th calendar day after the date of the letter 
of determination. Before seeking court review of an adverse 
determination, a requester must exhaust their administrative remedies 
under this section.
    (b) A review may be initiated by sending a request for review to the 
Office of Inspector General; Department of Housing and Urban 
Development; 451 Seventh Street SW, Room 8256, Washington, DC 20410 or 
to [email protected]. In order to enable the OIG to comply with 
the time limitations set forth in Sec. 2002.17, both the envelope 
containing the request for review and the letter itself should clearly 
indicate that the subject is a Freedom of Information Act request for 
review. Each request for review must contain the following:
    (1) A copy of the original request;
    (2) A copy of the written denial; and
    (3) A statement of the circumstances, reasons, or arguments advanced 
in support of disclosure of the original records requested.
    (c) Review will be made promptly by the Deputy Inspector General, or 
designee, on the basis of the written record. The OIG will decide an 
appeal of a denial of a request to expedite processing of a FOIA request 
within 10 working days of receipt of the appeal. The OIG will make a 
determination on all other appeals within 20 working days of receipt, 
unless unusual circumstances require the OIG to extend the time for an 
additional 10 working days.
    (d) The time of receipt for processing of a request is the time it 
is received by the Inspector General. If a request is misdirected by the 
requester and is received by one other than the Inspector General, the 
OIG official who receives the request will forward it promptly to the 
Inspector General and will advise the requester about the delayed time 
of receipt.
    (e) The decision after review will be in writing, will constitute 
final agency action on the request, and, if the denial of the request 
for records is in full or in part upheld, the Inspector General will 
notify the person making the request of his or her right to seek 
judicial review under 5 U.S.C. 552(a)(4).
    (f) Adverse decisions will include the name and contact information 
of dispute resolution services that offer mediation services to resolve 
disputes between FOIA requesters and Federal agencies as a nonexclusive 
alternative to litigation.



PART 2003_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents



Sec.
2003.1  Scope of the part and applicability of other HUD regulations.
2003.2  Definitions.
2003.3  Requests for records.
2003.4  Officials to receive requests and inquiries.
2003.5  Initial denial of access to records.
2003.6  Disclosure of a record to a person other than the individual to 
          whom it pertains.
2003.7  Authority to make law enforcement-related requests for records 
          maintained by other agencies.
2003.8  General exemptions.
2003.9  Specific exemptions.


[[Page 16]]


    Authority: 5 U.S.C. 552a; 5 U.S.C. App. 3 (Inspector General Act of 
1978); 42 U.S.C. 3535(d).

    Source: 57 FR 62142, Dec. 29, 1992, unless otherwise noted.



Sec. 2003.1  Scope of the part and applicability of other HUD regulations.

    (a) General. This part contains the regulations of the Office of 
Inspector General (``OIG'') implementing the Privacy Act of 1974 (5 
U.S.C. 552a). The regulations inform the public that the Inspector 
General has the responsibility for carrying out the requirements of the 
Privacy Act and for issuing internal OIG orders and directives in 
connection with the Privacy Act. These regulations apply to all records 
that are contained in systems of records maintained by the OIG and that 
are retrieved by an individual's name or personal identifier.
    (b) Applicability of part 16. In addition to these regulations, the 
provisions of 24 CFR part 16 apply to the OIG, except that appendix A to 
part 16 is not applicable. The provisions of this part shall govern in 
the event of any conflict with the provisions of part 16.



Sec. 2003.2  Definitions.

    For purposes of this part:
    Department means the OIG, except that in the context of 
Secs. 16.1(d); 16.11(b) (1), (3), and (4); and 16.12(e), when those 
sections are incorporated by reference, the term means the Department of 
Housing and Urban Development.
    Privacy Act Officer means an Assistant Inspector General.
    Privacy Appeals Officer means the Inspector General.

[59 FR 14098, Mar. 25, 1994]



Sec. 2003.3  Requests for records.

    (a) A request from an individual for an OIG record about that 
individual which is not contained in an OIG system of records will be 
considered to be a Freedom of Information Act (FOIA) request and will be 
processed under 24 CFR part 2002.
    (b) A request from an individual for an OIG record about that 
individual which is contained in an OIG system of records will be 
processed under both the Privacy Act and the FOIA in order to ensure 
maximum access under both statutes. This practice will be undertaken 
regardless of how an individual characterizes the request.
    (1) The procedures for inquiries and requirements for access to 
records under the Privacy Act are more specifically set forth in 24 CFR 
part 16, except that appendix A to part 16 does not apply to the OIG.
    (2) An individual will not be required to state a reason or 
otherwise justify his or her request for access to a record.



Sec. 2003.4  Officials to receive requests and inquiries.

    Officials to receive requests and inquiries for access to, or 
correction of, records in OIG systems of records are the Privacy Act 
Officers described in Sec. 2003.2 of this part. Written requests may be 
addressed to the appropriate Privacy Act Officer at: Office of Inspector 
General, Department of Housing and Urban Development, Washington, DC 
20410.

[57 FR 62142, Dec. 29, 1992, as amended at 59 FR 14098, Mar. 25, 1994]



Sec. 2003.5  Initial denial of access to records.

    (a) Access by an individual to a record about that individual which 
is contained in an OIG system of records will be denied only upon a 
determination by the Privacy Act Officer that:
    (1) The record was compiled in reasonable anticipation of a civil 
action or proceeding; or the record is subject to a Privacy Act 
exemption under Sec. 2003.8 or Sec. 2003.9 of this part; and
    (2) The record is also subject to a FOIA exemption under 
Sec. 2002.21(b) of this chapter.
    (b) If a request is partially denied, any portions of the responsive 
record that can be reasonably segregated will be provided to the 
individual after deletion of those portions determined to be exempt.
    (c) The provisions of 24 CFR 16.6(b) and 16.7, concerning 
notification of an initial denial of access and administrative review of 
the initial denial, apply to the OIG, except that:
    (1) The final determination of the Inspector General, as Privacy 
Appeals Officer for the OIG, will be in writing and

[[Page 17]]

will constitute final action of the Department on a request for access 
to a record in an OIG system of records; and
    (2) If the denial of the request is in whole or in part upheld, the 
final determination of the Inspector General will include notice of the 
right to judicial review.



Sec. 2003.6  Disclosure of a record to a person other than the individual
to whom it pertains.

    (a) The OIG may disclose an individual's record to a person other 
than the individual to whom the record pertains in the following 
instances:
    (1) Upon written request by the individual, including authorization 
under 24 CFR 16.5(e);
    (2) With the prior written consent of the individual;
    (3) To a parent or legal guardian of the individual under 5 U.S.C. 
552a(h); or
    (4) When permitted by the provisions of 5 U.S.C. 552a(b) (1) through 
(12).
    (b) [Reserved]



Sec. 2003.7  Authority to make law enforcement-related requests for records
maintained by other agencies.

    (a) The Inspector General is authorized by written delegation from 
the Secretary of HUD and under the Inspector General Act to make written 
requests under 5 U.S.C. 552a(b)(7) for transfer of records maintained by 
other agencies which are necessary to carry out an authorized law 
enforcement activity under the Inspector General Act.
    (b) The Inspector General delegates the authority under paragraph 
(a) of this section to the following OIG officials:
    (1) Deputy Inspector General;
    (2) Assistant Inspector General for Audit;
    (3) Assistant Inspector General for Investigation; and
    (4) Assistant Inspector General for Management and Policy.
    (c) The officials listed in paragraph (b) of this section may not 
redelegate the authority described in paragraph (a) of this section.



Sec. 2003.8  General exemptions.

    (a) The systems of records entitled ``Investigative Files of the 
Office of Inspector General,'' ``Hotline Complaint Files of the Office 
of Inspector General,'' ``Name Indices System of the Office of Inspector 
General,'' and ``AutoInvestigation of the Office of Inspector General'' 
consist, in part, of information compiled by the OIG for the purpose of 
criminal law enforcement investigations. Therefore, to the extent that 
information in these systems falls within the scope of exemption (j)(2) 
of the Privacy Act, 5 U.S.C. 552a(j)(2), these systems of records are 
exempt from the requirements of the following subsections of the Privacy 
Act, for the reasons stated in paragraphs (a)(1) through (6) of this 
section.
    (1) From subsection (c)(3), because release of an accounting of 
disclosures to an individual who is the subject of an investigation 
could reveal the nature and scope of the investigation and could result 
in the altering or destruction of evidence, improper influencing of 
witnesses, and other evasive actions that could impede or compromise the 
investigation.
    (2) From subsection (d)(1), because release of investigative records 
to an individual who is the subject of an investigation could interfere 
with pending or prospective law enforcement proceedings, constitute an 
unwarranted invasion of the personal privacy of third parties, reveal 
the identity of confidential sources, or reveal sensitive investigative 
techniques and procedures.
    (3) From subsection (d)(2), because amendment or correction of 
investigative records could interfere with pending or prospective law 
enforcement proceedings, or could impose an impossible administrative 
and investigative burden by requiring the OIG to continuously retrograde 
its investigations attempting to resolve questions of accuracy, 
relevance, timeliness and completeness.
    (4) From subsection (e)(1), because it is often impossible to 
determine relevance or necessity of information in the early stages of 
an investigation. The value of such information is a question of 
judgment and timing; what appears relevant and necessary when collected 
may ultimately be evaluated and viewed as irrelevant and unnecessary to 
an investigation. In addition,

[[Page 18]]

the OIG may obtain information concerning the violation of laws other 
than those within the scope of its jurisdiction. In the interest of 
effective law enforcement, the OIG should retain this information 
because it may aid in establishing patterns of unlawful activity and 
provide leads for other law enforcement agencies. Further, in obtaining 
evidence during an investigation, information may be provided to the OIG 
which relates to matters incidental to the main purpose of the 
investigation but which may be pertinent to the investigative 
jurisdiction of another agency. Such information cannot readily be 
identified.
    (5) From subsection (e)(2), because in a law enforcement 
investigation it is usually counterproductive to collect information to 
the greatest extent practicable directly from the subject thereof. It is 
not always feasible to rely upon the subject of an investigation as a 
source for information which may implicate him or her in illegal 
activities. In addition, collecting information directly from the 
subject could seriously compromise an investigation by prematurely 
revealing its nature and scope, or could provide the subject with an 
opportunity to conceal criminal activities, or intimidate potential 
sources, in order to avoid apprehension.
    (6) From subsection (e)(3), because providing such notice to the 
subject of an investigation, or to other individual sources, could 
seriously compromise the investigation by prematurely revealing its 
nature and scope, or could inhibit cooperation, permit the subject to 
evade apprehension, or cause interference with undercover activities.
    (b) [Reserved]

[57 FR 62142, Dec. 29, 1992, as amended at 65 FR 50904, Aug. 21, 2000]



Sec. 2003.9  Specific exemptions.

    (a) The systems of records entitled ``Investigative Files of the 
Office of Inspector General,'' ``Hotline Complaint Files of the Office 
of Inspector General,'' ``Name Indices System of the Office of Inspector 
General,'' and ``AutoInvestigation of the Office of Inspector General'' 
consist, in part, of investigatory material compiled by the OIG for law 
enforcement purposes. Therefore, to the extent that information in these 
systems falls within the coverage of exemption (k)(2) of the Privacy 
Act, 5 U.S.C. 552a(k)(2), these systems of records are exempt from the 
requirements of the following subsections of the Privacy Act, for the 
reasons stated in paragraphs (a) (1) through (4) of this section.
    (1) From subsection (c)(3), because release of an accounting of 
disclosures to an individual who is the subject of an investigation 
could reveal the nature and scope of the investigation and could result 
in the altering or destruction of evidence, improper influencing of 
witnesses, and other evasive actions that could impede or compromise the 
investigation.
    (2) From subsection (d)(1), because release of investigative records 
to an individual who is the subject of an investigation could interfere 
with pending or prospective law enforcement proceedings, constitute an 
unwarranted invasion of the personal privacy of third parties, reveal 
the identity of confidential sources, or reveal sensitive investigative 
techniques and procedures.
    (3) From subsection (d)(2), because amendment or correction of 
investigative records could interfere with pending or prospective law 
enforcement proceedings, or could impose an impossible administrative 
and investigative burden by requiring the OIG to continuously retrograde 
its investigations attempting to resolve questions of accuracy, 
relevance, timeliness and completeness.
    (4) From subsection (e)(1), because it is often impossible to 
determine relevance or necessity of information in the early stages of 
an investigation. The value of such information is a question of 
judgment and timing; what appears relevant and necessary when collected 
may ultimately be evaluated and viewed as irrelevant and unnecessary to 
an investigation. In addition, the OIG may obtain information concerning 
the violation of laws other than those within the scope of its 
jurisdiction. In the interest of effective law enforcement, the OIG 
should retain this information because it may aid in

[[Page 19]]

establishing patterns of unlawful activity and provide leads for other 
law enforcement agencies. Further, in obtaining evidence during an 
investigation, information may be provided to the OIG which relates to 
matters incidental to the main purpose of the investigation but which 
may be pertinent to the investigative jurisdiction of another agency. 
Such information cannot readily be identified.
    (b) The systems of records entitled ``Investigative Files of the 
Office of Inspector General,'' ``Hotline Complaint Files of the Office 
of Inspector General,'' ``Name Indices System of the Office of Inspector 
General,'' and ``Autoinvestigation of the Office of Inspector General'' 
consist in part of investigatory material compiled by the OIG for the 
purpose of determining suitability, eligibility, or qualifications for 
Federal civilian employment or Federal contracts, the release of which 
would reveal the identity of a source who furnished information to the 
Government under an express promise that the identity of the source 
would be held in confidence. Therefore, to the extent that information 
in these systems fall within the coverage of exemption (k)(5) of the 
Privacy Act, 5 U.S.C. 552a(k)(5), these systems of records are exempt 
from the requirements of subsection (d)(1), because release would reveal 
the identity of a source who furnished information to the Government 
under an express promise of confidentiality. Revealing the identity of a 
confidential source could impede future cooperation by sources, and 
could result in harassment or harm to such sources.

[57 FR 62142, Dec. 29, 1992, as amended at 65 FR 50904, Aug. 21, 2000]



PART 2004_SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS
OF COURTS OR OTHER AUTHORITIES--Table of Contents



                     Subpart A_General Requirements

Sec.
2004.1  Scope and purpose.
2004.2  Applicability.
2004.3  Definitions.

             Subpart B_Office of Inspector General Subpoenas

2004.10  Service of an Office of Inspector General subpoena.

      Subpart C_Requests for Testimony and Production of Documents

2004.20  General prohibition.
2004.21  Factors OIG will consider.
2004.22  Filing requirements for demands or requests for documents or 
          testimony.
2004.23  Service of subpoenas or requests.
2004.24  Processing demands or requests.
2004.25  Final determination.
2004.26  Restrictions that apply to testimony.
2004.27  Restrictions that apply to released records.
2004.28  Procedure in the event of an adverse ruling.
2004.29  Fees.

    Authority: Inspector General Act of 1978, as amended (5 U.S.C. app.) 
and 42 U.S.C. 3535(d).

    Source: 68 FR 3366, Jan. 23, 2003, unless otherwise noted.



                     Subpart A_General Requirements



Sec. 2004.1  Scope and purpose.

    (a) This part sets forth the policy for service of a subpoena issued 
by the Office of Inspector General (OIG), and policies and procedures 
that you must follow when you submit a demand or request to an employee 
of the OIG to produce official records and information, or provide 
testimony relating to official information, in connection with a legal 
proceeding. You must comply with these requirements when you request the 
release or disclosure of official records and information.
    (b) The OIG intends these provisions to:
    (1) Promote economy and efficiency in its programs and operations;
    (2) Minimize the possibility of involving OIG in controversial 
issues not related to OIG's functions;
    (3) Maintain OIG's impartiality among private litigants where OIG is 
not a named party; and
    (4) Protect sensitive, confidential information and the deliberative 
processes of OIG.
    (c) In providing for these requirements, OIG does not waive the 
sovereign immunity of the United States.

[[Page 20]]

    (d) This part provides guidance for the internal operations of OIG. 
This part does not create any right or benefit, substantive or 
procedural, that a party may rely upon in any legal proceeding against 
the United States.



Sec. 2004.2  Applicability.

    This subpart applies to demands and requests to employees for 
factual or expert testimony relating to official information, or for 
production of official records or information, in legal proceedings in 
which HUD or OIG is not a named party. However, this subpart does not 
apply to:
    (a) Demands upon or requests for an OIG employee to testify as to 
facts or events that are unrelated to his or her official duties or that 
are unrelated to the functions of OIG;
    (b) Requests for the release of records under the Freedom of 
Information Act, 5 U.S.C. 552, or the Privacy Act, 5 U.S.C. 552a; and
    (c) Congressional demands and Congressional requests for testimony 
or records.



Sec. 2004.3  Definitions.

    Counsel means the Counsel to the Inspector General.
    Demand means a subpoena, or an order or other command of a court or 
other competent authority, for the production, disclosure, or release of 
records or for the appearance and testimony of an OIG employee that is 
issued in a legal proceeding.
    Legal proceeding means any matter before a court of law, 
administrative board or tribunal, commission, administrative law judge, 
hearing officer, or other body that conducts a legal or administrative 
proceeding. Legal proceeding includes all phases of litigation.
    OIG means the Office of Inspector General, U.S. Department of 
Housing and Urban Development.
    OIG employee or employee means:
    (1) Any current or former officer or employee of OIG;
    (2) Any other individual hired through contractual agreement by or 
on behalf of OIG or who has performed or is performing services under 
such an agreement for OIG; and
    (3) Any individual who served or is serving in any consulting or 
advisory capacity to OIG, whether formal or informal.
    Records or official records or information means:
    (1) All documents and materials that are OIG agency records under 
the Freedom of Information Act, 5 U.S.C. 552;
    (2) All other documents and materials contained in OIG files; and
    (3) All other information or materials acquired by an OIG employee 
in the performance of his or her official duties or because of his or 
her official status.
    Request means any informal request, by whatever method, for the 
production of records and information or for testimony that has not been 
ordered by a court or other competent authority.
    Testimony means any written or oral statements, including 
depositions, answers to interrogatories, affidavits, declarations, 
recorded interviews, and statements made by an individual in connection 
with a legal proceeding.



             Subpart B_Office of Inspector General Subpoenas



Sec. 2004.10  Service of an Office of Inspector General subpoena.

    Service of a subpoena issued by OIG may be accomplished as follows:
    (a) Personal service. Service may be made by delivering the subpoena 
to the person to whom it is addressed. If the subpoena is addressed to a 
corporation or other business entity, it may be served upon an employee 
of the corporation or entity. Service made to an employee, agent, or 
legal representative of the addressee shall constitute service upon the 
addressee.
    (b) Service by mail. Service may also be made by mailing the 
subpoena, certified mail--return receipt requested, to the addressee at 
his or her last known business or personal address.



      Subpart C_Requests for Testimony and Production of Documents



Sec. 2004.20  General prohibition.

    No employee may produce official records and information or provide 
any

[[Page 21]]

testimony relating to official information in response to a demand or 
request without the prior, written approval of the Inspector General or 
the Counsel.



Sec. 2004.21  Factors OIG will consider.

    The Counsel or Inspector General, in their discretion, may grant an 
employee permission to testify on matters relating to official 
information, or produce official records and information, in response to 
a demand or request. Among the relevant factors that the Inspector 
General or the Counsel may consider in making this decision are whether:
    (a) The purposes of this part are met;
    (b) OIG has an interest in the decision that may be rendered in the 
legal proceeding;
    (c) Allowing such testimony or production of records would assist or 
hinder OIG in performing its statutory duties or use OIG resources where 
responding to the request will interfere with the ability of OIG 
employees to do their work;
    (d) The records or testimony can be obtained from other sources;
    (e) The demand or request is unduly burdensome or otherwise 
inappropriate under the applicable rules of discovery or the rules of 
procedure governing the case or matter in which the demand or request 
arose;
    (f) Disclosure would violate or be inconsistent with a statute, 
Executive Order, or regulation;
    (g) Disclosure would reveal confidential or privileged information, 
trade secrets, or similar, confidential commercial, or financial 
information;
    (h) Disclosure would impede or interfere with an ongoing law 
enforcement investigation or proceedings, or compromise constitutional 
rights;
    (i) Disclosure would result in OIG appearing to favor one litigant 
over another;
    (j) Disclosure relates to documents that were produced by another 
agency;
    (k) The demand or request is in conformance with all other 
applicable rules;
    (l) The demand or request is sufficiently specific to be answered; 
and
    (m) For any other good cause.



Sec. 2004.22  Filing requirements for demands or requests for documents
or testimony.

    You must comply with the following requirements whenever you issue 
demands or requests to an OIG employee for official records and 
information or testimony.
    (a) Your request must be in writing and must be submitted to the 
Counsel. If you serve a subpoena on OIG or on an OIG employee before 
submitting a written request and receiving a final determination from 
the Counsel, OIG will oppose the subpoena on grounds that your request 
was not submitted in accordance with this subpart.
    (b) Your written request must contain the following information:
    (1) The caption of the legal proceeding, docket number, and name and 
address of the court or other authority involved;
    (2) A copy of the complaint or equivalent document setting forth the 
assertions in the case and any other pleading or document sufficient to 
show relevance;
    (3) A list of categories of records sought, a detailed description 
of how the information sought is relevant to the issues in the legal 
proceeding, and a specific description of the substance of the testimony 
or records sought;
    (4) A statement as to how the need for the information outweighs the 
need to maintain any confidentiality of the information and outweighs 
the burden on OIG to produce the records or provide testimony;
    (5) A statement indicating that the information sought is not 
available from another source, from other persons or entities, or from 
the testimony of someone other than an OIG employee, such as a retained 
expert;
    (6) If testimony is requested, the intended use of the testimony, a 
general summary of the desired testimony, and a showing that no document 
could be provided and used in lieu of testimony;
    (7) A description of all prior decisions, orders, or pending motions 
in the case that bear upon the relevance of the requested records or 
testimony;
    (8) The name, address, and telephone number of counsel to each party 
in the case; and

[[Page 22]]

    (9) An estimate of the amount of time that the requester and other 
parties will require with each OIG employee for time spent by the 
employee to prepare for testimony, in travel, and for attendance in the 
legal proceeding.
    (c) The OIG reserves the right to require additional information to 
complete your request where appropriate.
    (d) Your request should be submitted at least 30 days before the 
date that records or testimony are required. Requests submitted less 
than 30 days before records or testimony are required must be 
accompanied by a written explanation stating the reasons for the late 
request and the reasons for expedited processing.
    (e) Failure to cooperate in good faith to enable the Counsel to make 
an informed decision may serve as the basis for a determination not to 
comply with your request.



Sec. 2004.23  Service of subpoenas or requests.

    Subpoenas or requests for official records or information or 
testimony must be served on the Counsel to the Inspector General, Office 
of Inspector General, U.S. Department of Housing and Urban Development, 
451 Seventh Street, SW, Room 8260, Washington, DC 20410-4500.



Sec. 2004.24  Processing demands or requests.

    (a) After service of a demand or request to testify, the Counsel 
will review the demand or request and, in accordance with the provisions 
of this subpart, determine whether, or under what conditions, to 
authorize the employee to testify on matters relating to official 
information and/or to produce official records and information.
    (b) The OIG will process requests in the order in which they are 
received. Absent exigent or unusual circumstances, OIG will respond 
within 30 days from the date that we receive all information necessary 
to the evaluation of the demand or request. The time for response will 
depend upon the scope of the request.
    (c) The Counsel may grant a waiver of any procedure described in 
this subpart where a waiver is considered necessary to promote a 
significant interest of OIG, HUD, and the United States, or for other 
good cause.



Sec. 2004.25  Final determination.

    The Counsel makes the final determination on demands and requests to 
employees for production of official records and information or 
testimony. All final determinations are within the sole discretion of 
the Counsel. The Counsel will notify the requester of the final 
determination, the reasons for the grant or denial of the demand or 
request, and any conditions that the Counsel may impose on the release 
of records or information, or on the testimony of an OIG employee.



Sec. 2004.26  Restrictions that apply to testimony.

    (a) The Counsel may impose conditions or restrictions on the 
testimony of OIG employees including, for example, limiting the areas of 
testimony or requiring the requester and other parties to the legal 
proceeding to agree that the transcript of the testimony will be kept 
under seal or will only be used or made available in the particular 
legal proceeding for which testimony was requested. The Counsel may also 
require a copy of the transcript of testimony at the requester's 
expense.
    (b) The OIG may offer the employee's written declaration in lieu of 
testimony.
    (c) If authorized to testify pursuant to this part, an employee may 
testify as to facts within his or her personal knowledge, but, unless 
specifically authorized to do so by the Counsel, the employee shall not:
    (1) Disclose confidential or privileged information;
    (2) Testify as to facts when the Counsel determines such testimony 
would not be in the best interest of OIG, HUD and the United States; or
    (3) Testify as an expert or opinion witness with regard to any 
matter arising out of the employee's official duties or the functions of 
OIG. This provision does not apply to requests from the United States 
for expert or opinion testimony.

[[Page 23]]



Sec. 2004.27  Restrictions that apply to released records.

    (a) The Counsel may impose conditions or restrictions on the release 
of official records and information, including the requirement that 
parties to the proceeding obtain a protective order or execute a 
confidentiality agreement to limit access and any further disclosure. 
The terms of the protective order or of a confidentiality agreement must 
be acceptable to the Counsel. In cases where protective orders or 
confidentiality agreements have already been executed, OIG may condition 
the release of official records and information on an amendment to the 
existing protective order or confidentiality agreement.
    (b) If the Counsel so determines, original OIG records may be 
presented for examination in response to a demand or request, but they 
are not to be presented as evidence or otherwise used in a manner by 
which they could lose their identity as official OIG records, nor are 
they to be marked or altered. In lieu of the original records, certified 
copies will be presented for evidentiary purposes.



Sec. 2004.28  Procedure in the event of an adverse ruling.

    (a) Opportunity to review adverse ruling. Any person aggrieved by a 
decision made by the Counsel under this part denying a request for 
documents or testimony, or restricting the release of documents or 
testimony, may seek review of that decision pursuant to paragraph (c) of 
this section.
    (b) Procedure in the event of conflicting court order. If the 
Inspector General or Counsel declines to approve a demand for records or 
testimony and a court or other authority rules that the demand must be 
complied with irrespective of the instructions from the OIG not to 
produce the material or disclose the information sought, the employee or 
former employee upon whom the demand has been made shall respectfully 
decline to comply with the demand, citing United States ex rel. Touhy v. 
Ragen, 340 U.S. 462 (1951).
    (c) Procedure--(1) Notice of intention to petition for review. A 
party or any person aggrieved by the decision made pursuant to this part 
denying or restricting the release of documents or testimony may seek 
review of the decision by filing a written Notice of Intention to 
Petition for Review (Notice) within five business days of the date of 
this decision. The Notice shall identify the petitioner, the adverse 
decision, and any dates (such as deposition, hearing, or court dates) 
that are significant to the party. The Notice shall be served in 
accordance with Sec. 2004.23.
    (2) Petition for review. Within five business days of the filing of 
a Notice, the person or party seeking review shall file a Petition for 
Review (Petition) containing a clear and concise statement of the issues 
to be reviewed and the reasons why the review is appropriate. The 
petition shall include exceptions to any findings of fact or conclusions 
of law made, together with supporting reasons and arguments for such 
exceptions based on appropriate citations to such record or law as may 
exist. These reasons may be stated in summary form. Decisions on the 
Petition may be made by either the Inspector General or the Counsel and 
shall become the final decisions of the OIG. The Petition will be served 
in accordance with Sec. 2004.23.
    (d) Prerequisite to judicial review. Pursuant to Section 704 of the 
Administrative Procedure Act, 5 U.S.C. 704, a petition to the agency for 
review of a decision made under the authority of this part is a 
prerequisite to the seeking of judicial review of the final decision.

[70 FR 36791, June 24, 2005]



Sec. 2004.29  Fees.

    (a) Generally. The Counsel may condition the production of records 
or appearance for testimony upon advance payment of a reasonable 
estimate of the costs to OIG.
    (b) Fees for records. Fees for producing records will include fees 
for searching, reviewing, and duplicating records, costs of attorney 
time spent in reviewing the demand or request, and expenses generated by 
materials and equipment used to search for, produce, and copy the 
responsive information. Costs for employee time will be calculated on 
the basis of the hourly pay of the employee (including all pay, 
allowance, and benefits). Fees for duplication will be the same as those

[[Page 24]]

charged by OIG in its Freedom of Information Act Regulations at 24 CFR 
part 2002.
    (c) Witness fees. Fees for attendance by a witness will include 
fees, expenses, and allowances prescribed by the court's rules. If no 
such fees are prescribed, witness fees will be determined based upon the 
rule of the federal district court closest to the location where the 
witness will appear. Such fees will include cost of time spent by the 
witness to prepare for testimony, in travel, and for attendance in the 
legal proceeding.
    (d) Payment of fees. You must pay any applicable witness fees for 
current OIG employees and any records certification fees by submitting 
to the Counsel a check or money order for the appropriate amount made 
payable to the Treasury of the United States. In the case of testimony 
by former OIG employees, you must pay applicable fees directly to the 
former employee in accordance with applicable statutes.
    (e) Waiver or reduction of fees. The Counsel, in his or her sole 
discretion, may, upon a showing of reasonable cause, waive or reduce any 
fees in connection with the testimony or production of records. 
Additionally, fees will not be assessed if the total charge would be 
$10.00 or less.

                       PARTS 2005	2099 [RESERVED]

[[Page 25]]



 CHAPTER XV--EMERGENCY MORTGAGE INSURANCE AND LOAN PROGRAMS, DEPARTMENT 
               OF HOUSING AND URBAN DEVELOPMENT [RESERVED]




  --------------------------------------------------------------------
                                                                        
  

          PARTS 2700-2799 [Reserved]

[[Page 27]]



 CHAPTER XX--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 
        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT




  --------------------------------------------------------------------
Part                                                                Page
3200-3279

  [Reserved]

3280            Manufactured home construction and safety 
                    standards...............................          29
3282            Manufactured home procedural and enforcement 
                    regulations.............................         139
3284            Manufactured housing program fee............         203
3285            Model manufactured home installation 
                    standards...............................         203
3286            Manufactured home installation program......         253
3288            Manufactured home dispute resolution program         276
3289-3799

  [Reserved]

3800            Investigations in consumer regulatory 
                    programs................................         285
3801-3899

  [Reserved]

[[Page 29]]

                       PARTS 3200	3279 [RESERVED]



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 thermal insulating materials.
3280.208  Requirements for foam plastic thermal insulating materials.
3280.209  Smoke alarm requirements.
3280.210  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 procedures for roof trusses.
3280.403  Requirements for windows, sliding glass doors, and skylights.
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  [Reserved]
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.

[[Page 30]]

3280.711  Instructions.
3280.712  Marking.
3280.713  Accessibility.
3280.714  Appliances, cooling.
3280.715  Circulating air systems.

                      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,

[[Page 31]]

or eaves under which there is no interior space, nor does it include 
drawbars, couplings or hitches.
    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 8 body feet or more in width or 
40 body feet or more in length or which when erected on-site is 320 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 in the structure. 
This term includes all structures that meet the above requirements 
except the size requirements and with respect to which the manufacturer 
voluntarily files a certification pursuant to Sec. 3282.13 of this 
chapter and complies with the construction and safety standards set 
forth in this part 3280. The term does not include any self-propelled 
recreational vehicle. Calculations used to determine the number of 
square feet in a structure will include the total of square feet for 
each transportable section comprising the completed structure and 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. Nothing in this 
definition 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,

[[Page 32]]

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; 72 
FR 27228, May 14, 2007]



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. Incorporated 
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. The Department will enforce the listed editions of 
material incorporated by this section. Where two or more incorporated 
standards are equivalent in application, the manufacturer may use either 
standard. If a later edition is to be enforced, the Department will 
publish a notice of change in the Federal Register. These incorporated 
standards are available for purchase from the organization that 
developed the standard at the corresponding addresses noted below. 
Incorporated standards are available for inspection at the Office of 
Manufactured Housing Program, Manufactured Housing and Construction 
Standards Division, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW., Room B-133, Washington, DC 20410. Copies of 
incorporated standards that are not available from their producer 
organizations may be obtained from the Office of Manufactured Housing 
Programs. These standards are also available for inspection at the 
National Archives and Records Administration (NARA). For more 
information on the availability of this material at NARA, call 202-741-
6030 or go to http://www.archives.gov/federal_register.
    (b) Air Conditioning & Refrigeration Institute (ARI), 4100 North 
Fairfax Drive, Suite 200, Arlington, VA 22203, telephone number 703-524-
8800, fax number 703-528-3816, Web site: http://www.lightindustries.com/
ARI/.
    (1) ANSI/ARI Standard 210/240-89, Unitary Air-Conditioning and Air-
Source Heat Pump Equipment, IBR approved for Secs. 3280.511(b), 
3280.703, and 3280.714(a),
    (2) [Reserved]
    (c) Aluminum Association (AA), 1525 Wilson Blvd., Suite 600, 
Arlington, VA 22209; telephone number 703-358-2960, fax number 703-358-
3921; Web site: http://www.aluminum.org.
    (1) Aluminum Design Manual, Specifications and Guidelines for 
Aluminum Structures, Part 1-A, Sixth Edition, October 1994, IBR approved 
for Sec. 3280.304(b).
    (2) Aluminum Design Manual, Specifications and Guidelines for 
Aluminum Structures, Part 1-B, First Edition, October 1994, IBR approved 
for Sec. 3280.304(b).
    (d) American Architectural Manufacturers Association (AAMA), 1827 
Walden Office Square, Suite 550, Schaumburg, IL 60173, telephone number 
847-303-5664, fax number 847-303-5774, Web site: http://www.aamanet.org.
    (1) AAMA 1503.1-88, Voluntary Test Method for Thermal Transmittance 
and Condensation Resistance of Windows, Doors, and Glazed Wall Sections, 
IBR approved for Sec. 3280.508(e).
    (2) AAMA 1600/I.S.7-00, Voluntary Specification for Skylights, 2003 
IBR approved for Sec. 3280.305(c).
    (3) AAMA 1701.2-95, Voluntary Standard Primary Window and Sliding 
Glass Door for Utilization in Manufactured Housing, IBR approved for 
Secs. 3280.403(e) and 3280.404(b).
    (4) AAMA 1702.2-95, Voluntary Standard Swinging Exterior Passage 
Door for Utilization in Manufactured Housing, IBR approved for 
Sec. 3280.405(b) and (e).

[[Page 33]]

    (5) AAMA Standard 1704-1985, Voluntary Standard Egress Window 
Systems for Utilization in Manufactured Housing, IBR approved for 
Sec. 3280.404(b).
    (6) AAMA/WDMA/CSA/101/I.S.2/A440-08 North American Fenestration 
Standard/Specification for Windows, Doors and Skylights, January 2008, 
IBR approved for Sec. 3280.403(b) and (e).
    (7) ANSI/AAMA/NWWDA 101/I.S.2-97,Voluntary Specifications for 
Aluminum, Vinyl (PVC) and Wood Windows and Glass Doors, IBR approved for 
Sec. 3280.304(b).
    (e) American Forest and Paper Association (AFPA), 1111 Nineteenth 
Street, Suite 800, Washington, DC 20036 (previously named National 
Forest Products Association (NFPA), telephone number 1-800-878-8878, Web 
site: http://www.afandpa.org.
    (1) AFPA, Design Values for Joists and Rafters 1992, IBR approved 
for Sec. 3280.304(b).
    (2) AFPA PS-20-70, Span Tables for Joists and Rafters, 1993, IBR 
approved for Sec. 3280.304(b).
    (3) ANSI/AFPA NDS-2001, National Design Specifications for Wood 
Construction, 2001 Edition, with Supplement, Design Values for Wood 
Construction, November 30, 2001, IBR approved for Sec. 3280.304(b).
    (4) AFPA, Wood Structural Design Data, 1986 Edition with 1992 
Revisions, IBR approved for Sec. 3280.304(b).
    (f) American Gas Association (AGA), 400 North Capitol Street NW., 
Washington, DC 20001, telephone number 202-824-7000, Web site: http://
www.aga.org/Pages/default.aspx.
    (1) AGA No. 3-87, Requirements for Gas Connectors for Connection of 
Fixed Appliances for Outdoor Installation, Park Trailers, and 
Manufactured (Mobile) Homes to the Gas Supply, IBR approved for 
Sec. 3280.703.
    (2) [Reserved]
    (g) American Hardboard Association (AHA), 1210 West NW Highway, 
Palatine, IL 60067, Web site: http://hardboard.org.
    (1) ANSI/AHA A135.4-1995, Basic Hardboard, IBR approved for 
Sec. 3280.304(b).
    (2) ANSI/AHA A135.5-1995, Prefinished Hardboard Paneling, IBR 
approved for Sec. 3280.304(b).
    (3) ANSI/AHA A135.6-1998, Hardboard Siding, IBR approved for 
Sec. 3280.304(b).
    (h) American Institute of Steel Construction (AISC), One East Wacker 
Drive, Chicago, IL 60601, telephone number 312-670-2400, fax number 312-
670-5403, Web site: http://www.aisc.org/.
    (1) AISC-S335, 1989. Specification for Structural Steel Buildings--
Allowable Stress Design and Plastic Design (except for the following 
parts of this standard which are not incorporated by reference: 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), June 1, 1989, IBR approved for 
Secs. 3280.304(b) and 3280.305(j).
    (2) [Reserved]
    (i) American Iron and Steel Institute (AISI), 25 Massachusetts Ave., 
NW., Suite 800, Washington, DC 20001, telephone number 202-452-7100, Web 
site: http://www.steel.org.
    (1) AISI, Specification for the Design of Cold-Formed Steel 
Structural Members, 1996, IBR approved for Secs. 3280.304(b) and 
3280.305(j).
    (2) [Reserved]
    (j) American National Standards Institute (ANSI), 25 West 43rd 
Street, 4th floor, New York, NY 10018, telephone number 212-642-4900, 
fax number 212-398-0023, Web site: http://www.ansi.org.
    (1) ANSI A112.14.1-1975, Backflow Valves, IBR approved for 
Sec. 3280.604(b).
    (2) ANSI A112.19.5-1979, Trim for Water Closet, Bowls, Tanks, and 
Urinals, IBR approved for Sec. 3280.604(b).
    (3) ANSI/AITC A190.1-1992, For wood products--Structural Glued 
Laminated Timber, IBR approved for Sec. 3280.304(b).
    (4) ANSI A208.1-1999, Particleboard, IBR approved for 
Sec. 3280.304(b).
    (5) ANSI A208.2-2002, Medium Density Fiberboard (MDF) For Interior 
Applications, approved May 13, 2002, IBR approved for Sec. 3280.304(b).
    (6) ANSI B16.18-1984, Cast Copper Alloy Solder-Joint Pressure 
Fittings, IBR approved for Sec. 3280.604(b).
    (7) ANSI C72.1-1972, section 4.3.1, Household Automatic Electric 
Storage Type Water Heaters, IBR approved for Sec. 3280.707(d).

[[Page 34]]

    (8) ANSI/IAS LC 1-1997, Fuel Gas Piping Systems Using Corrugated 
Stainless Steel Tubing (CSST), approved October 28, 1996, IBR approved 
for Sec. 3280.705(b).
    (9) ANSI Z21.1-2000, Household Cooking Gas Appliances, IBR approved 
for Sec. 3280.703.
    (10) ANSI Z21.5.1-1999, Gas Clothes Dryers Volume 1, Type 1 Clothes 
Dryers, with Addendum Z21.5.1a-1999, IBR approved for Sec. 3280.703.
    (11) ANSI Z21.10.1-1998, Gas Water Heaters--Volume 1, Storage Water 
Heaters with Input Ratings of 75,000 BTU per hour or Less, with Addendum 
Z21.10.1a-2000, IBR approved for Secs. 3280.703 and 3280.707(d).
    (12) ANSI Z21.15-1997, Manually Operated Gas Valves for Appliances, 
Appliance Connector Valves and Hose End Valves, IBR approved for 
Secs. 3280.703 and 3280.705(c).
    (13) ANSI Z21.19-1990, with Addendum ANSI Z21.19a-1992 and Z21.19b-
1995, Refrigerators Using Gas Fuel, IBR approved for Sec. 3280.703.
    (14) ANSI Z21.20 with Addendum Z21.20a-2000, Automatic Gas Ignition 
Systems and Components, IBR approved for Sec. 3280.703.
    (15) ANSI Z21.21-2000, Automatic Valves for Gas Appliances, IBR 
approved for Sec. 3280.703.
    (16) ANSI Z21.22-1999, Relief Valves for Hot Water Supply Systems, 
IBR approved for Secs. 3280.604(b) and 3280.703.
    (17) ANSI Z21.23-1993, Gas Appliance Thermostats, approved August 
10, 1993, IBR approved for Sec. 3280.703.
    (18) ANSI Z21.24-1997/CGA 6.10-M97, Connectors for Gas Appliances, 
IBR approved for Sec. 3280.703.
    (19) ANSI Z21.40.1-1996/CGA 2.91-M96, Gas-Fired, Heat Activated Air 
Conditioning and Heat Pump Appliances, IBR approved for Secs. 3280.703 
and 3280.714(a).
    (20) ANSI Z21.47-1990 with Addendum Z21.47a-1990 and Z21.47b-1992, 
Gas-Fired Central Furnaces (Except Direct Vent System Central Furnaces), 
IBR approved for Sec. 3280.703.
    (21) ANSI Z34.1-1993, Third-Party Certification Programs for 
Products, Processes, and Services, IBR approved for Secs. 3280.403(e) 
and 3280.405(e).
    (22) ANSI Z97.1-2004, Standard for Safety Glazing Materials used in 
Buildings--Safety Performance Specifications and Methods of Test, 
copyright 2004, IBR approved for Secs. 3280.113(c), 3280.304(b), 
3280.403(d)(1), 3280.604(b), and 3280.607(b).
    (23) ANSI Z124.1-1987, Plastic Bathtub Units with Addendum Z124.1a-
1990 and Z124.1b-1991, IBR approved for Sec. 3280.604(b).
    (24) ANSI Z124.2-1987, Plastic Shower Receptors and Shower Stalls 
with Addendum Z124.2a-1990, IBR approved for Sec. 3280.604(b).
    (25) ANSI Z124.3-1986, Plastic Lavatories with Addendum Z124.3a-
1990, IBR approved for Sec. 3280.604(b).
    (26) ANSI Z124.4-1986, Plastic Water Closets, Bowls, and Tanks with 
Addenda Z124.4a-1990, IBR approved for Sec. 3280.604(b).
    (27) ANSI Z124.5-1997, Plastic Toilet (Water Closets) Seats, IBR 
approved for Sec. 3280.604(b).
    (28) ANSI Z124.7-1997, Prefabricated Plastic Spa Shells, IBR 
approved for Sec. 3280.604(b).
    (29) ANSI Z-124.9-1994, Plastic Urinal Fixtures, IBR approved for 
Sec. 3280.604(b).
    (k) The Engineered Wood Association (APA) (formerly the American 
Plywood Association), 7011 South 19th Street, Tacoma, WA 98411, 
telephone number 253-565-6600, fax number 253-565-7265, Web site: http:/
/www.apawood.org.
    (1) APA D410A-2004, Panel Design Specification, IBR approved for 
Sec. 3280.304(b).
    (2) APA E30P-1996, APA Design/Construction Guide, Residential and 
Commercial Structures, IBR approved for Sec. 3280.304(b).
    (3) APA E30R, Engineered Wood Construction Guide, revised January 
2001, IBR approved for Sec. 3280.304(b).
    (4) APA H815E-1995 (PDS Supplement #5), Design and Fabrication of 
All-Plywood Beams, IBR approved for Sec. 3280.304(b).
    (5) APA S 811M-1990 (PDS Supplement 1), Design and Fabrication of 
Plywood Curved Panels, IBR approved for Sec. 3280.304(b).
    (6) APA S 812R, Design and Fabrication of Glued Plywood-Lumber 
Beams, revised November 1998, Supplement #2, July 1992 IBR approved for 
Sec. 3280.304.
    (7) APA U 813L, Design and Fabrication of Plywood Stressed-Skin 
Panels,

[[Page 35]]

revised April 1996, Supplement # 3, August 1992, IBR approved for 
Sec. 3280.304(b).
    (8) APA U 814H, Design and Fabrication of Plywood, Sandwiched 
Panels, revised September 1993, Supplement #4, March 1990, IBR approved 
for Sec. 3280.304(b).
    (l) American Society of Civil Engineers (ASCE), 1801 Alexander Bell 
Drive, Reston, VA 20191, telephone number 800-548-2723, Web site: http:/
/www.asce.org.
    (1) ANSI/ASCE 7-88, Minimum Design Loads for Buildings and Other 
Structures, IBR approved for Secs. 3280.5(f), 3280.304(b), and 
3280.305(c).
    (2) SEI/ASCE 8-02, Specification for the Design of Cold-Formed 
Stainless Steel Structural Members, 2002, IBR approved for 
Secs. 3280.304(b) and 3280.305(j).
    (3) ASCE 19-96, Structural Applications of Steel Cables for 
Buildings, IBR approved for Sec. 3280.304(b).
    (m) American Society of Heating, Refrigeration and Air Conditioning 
Engineers (ASHRAE), 1791 Tullie Circle NE., Atlanta, GA 30329, telephone 
number 404-636-8400, fax number 404-321-5478, Web site: https://
www.ashrae.org/home/.
    (1) 1997 ASHRAE Handbook of Fundamentals, Inch-Pound Edition (1997), 
chapters 22 through 27, (except for the following parts of this standard 
that are not incorporated by reference: 23.1 Steel Frame Construction; 
23.2 Masonry Construction; 23.3 Foundations and Floor Systems; 23.15 
Pipes; 23.17 Tanks, Vessels, and Equipment; 23.18 Refrigerated Rooms and 
Buildings; 24.18 Mechanical and Industrial Systems; 25.19 Commercial 
Building Envelope Leakage; 27.9 Calculation of Heat Loss from Crawl 
Spaces). IBR approved for Secs. 3280.508(a), 3280.508(e), and 
3280.511(a).
    (2) [Reserved]
    (n) ASME (formally the American Society of Mechanical Engineers), 
Two Park Avenue, New York, NY 10016-5990, telephone number 800-843-2763, 
Web site: http://www.asme.org/.
    (1) ASME A112.1.2-1991, Air Gaps in Plumbing Systems, IBR approved 
for Sec. 3280.604(b).
    (2) ANSI/ASME A112.4.1-1993, Water Heater Relief Valve Drain Tubes, 
IBR approved for Sec. 3280.604(b).
    (3) ANSI/ASME A112.4.3-1999, Plastic Fittings for Connecting Water 
Closets to the Sanitary Drainage System, IBR approved for 
Sec. 3280.604(b).
    (4) ASME/ANSI A112.18.1M-1989, Plumbing Fixture Fittings, IBR 
approved for Sec. 3280.604(b).
    (5) ASME A112.18.3M-1996, Performance Requirements for Backflow 
Protection Devices and Systems in Plumbing Fixture Fittings, IBR 
approved for Sec. 3280.604(b).
    (6) ASME A112.18.6-1999, Flexible Water Connectors, IBR approved for 
Sec. 3280.604(b).
    (7) ASME A112.18.7-1999, Deck Mounted Bath/Shower Transfer Valves 
with Integral Backflow Protection, IBR approved for Sec. 3280.604(b).
    (8) ANSI/ASME A112.19.1M-1987, Enameled Cast Iron Plumbing Fixtures, 
IBR approved for Sec. 3280.604(b).
    (9) ANSI/ASME A112.19.2(M)-1990, Vitreous China Plumbing Fixtures, 
IBR approved for Sec. 3280.604(b).
    (10) ANSI/ASME A112.19.3M-1987, Stainless Steel Plumbing Fixtures 
(Designed for Residential Use), IBR approved for Sec. 3280.604(b).
    (11) ANSI/ASME A112.19.4(M)-1984, Porcelain Enameled Formed Steel 
Plumbing Fixtures, IBR approved for Sec. 3280.604(b).
    (12) ASME A112.19.6-1995, Hydraulic Performance Requirements for 
Water Closets and Urinals, IBR approved for Sec. 3280.604(b).
    (13) ASME/ANSI A112.19.7M-1987, Whirlpool Bathtub Appliances, IBR 
approved for Sec. 3280.604(b).
    (14) ASME/ANSI A112.19.8M-1989, Suction Fittings for Use in Swimming 
Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool Bathtub Appliances, 
IBR approved for Sec. 3280.604(b).
    (15) ASME A112.19.9M-1991, Non-Vitreous Ceramic Plumbing Fixtures, 
IBR approved for Sec. 3280.604(b).
    (16) ASME A112.19.10-1994, Dual Flush Devices for Water Closets, IBR 
approved for Sec. 3280.604(b).
    (17) ANSI/ASME A112.21.3M-1985, Hydrants for Utility and Maintenance 
Use, IBR approved for Sec. 3280.604(b).
    (18) ANSI/ASME B1.20.1-1983, Pipe Threads, General Purpose (Inch), 
IBR approved for Secs. 3280.604(b), 3280.703, 3280.705(e), and 
3280.706(d).

[[Page 36]]

    (19) ANSI/ASME B16.3-1992, Malleable Iron Threaded Fittings, IBR 
approved for Sec. 3280.604(b).
    (20) ANSI/ASME B16.4-1992, Gray Iron Threaded Fittings, IBR approved 
for Sec. 3280.604(b).
    (21) ANSI/ASME B16.15-1985, Cast Bronze Threaded Fittings, Classes 
125 and 250, IBR approved for Sec. 3280.604(b).
    (22) ASME/ANSI B16.22-1989, Wrought-Copper and Copper Alloy Solder-
Joint Pressure Fitting, IBR approved for Sec. 3280.604(b).
    (23) ASME B16.23-1992, Cast Copper Alloy Solder-Joint Drainage 
Fittings-DWV, IBR approved for Sec. 3280.604(b).
    (24) ASME/ANSI B16.26-1988, Cast Copper Alloy Fittings for Flared 
Copper Tubes, IBR approved for Sec. 3280.604(b).
    (25) ASME/ANSI B16.29-1986, Wrought Copper and Wrought Copper Alloy 
Solder-Joint Drainage Fittings-DWV, IBR approved for Sec. 3280.604(b).
    (26) ANSI/ASME B36.10-1979, Welding and Seamless Wrought Steel Pipe, 
IBR approved for Secs. 3280.604(b), 3280.703, 3280.705(b), and 
3280.706(b).
    (o) American Society of Sanitary Engineering (ASSE), 901 Canterbury, 
Suite A, Westlake, OH 44145, phone number 440-835-3040, fax number 440-
835-3488, Web site: http://www.asse-plumbing.org.
    (1) ASSE 1001 (ANSI Approved 1990), Performance Requirements for 
Pipe Applied Atmospheric Type Vacuum Breakers, IBR approved for 
Sec. 3280.604(b).
    (2) ASSE 1002 Revision 5-1986 (ANSI/ASSE-1979), Performance 
Requirements for Water Closet Flush Tank Fill Valves (Ballcocks), IBR 
approved for Sec. 3280.604(b).
    (3) ASSE 1006 (ASSE/ANSI-1986), Plumbing Requirements for 
Residential Use (Household) Dishwashers, IBR approved for 
Sec. 3280.604(b).
    (4) ASSE 1007-1986, Performance Requirements for Home Laundry 
Equipment, IBR approved for Sec. 3280.604(b).
    (5) ASSE 1008-1986, Performance Requirements for Household Food 
Waste Disposer Units, IBR approved for Sec. 3280.604(b).
    (6) ASSE 1011-1981 (ANSI-1982), Performance Requirements for Hose 
Connection Vacuum Breakers, IBR approved for Sec. 3280.604(b).
    (7) ASSE 1014-1989 (ANSI-1990), Performance Requirements for Hand-
held Showers, IBR approved for Sec. 3280.604(b).
    (8) ASSE 1016-2005, Performance Requirements for Automatic 
Compensating Values for Individual Shower and Tub/Shower Combinations, 
approved January 2005, IBR approved for Secs. 3280.604(b) and 
3280.607(b).
    (9) ASSE 1017-1986, Performance Requirements for Temperature 
Activated Mixing Valves for Primary Domestic Use, IBR approved for 
Sec. 3280.604(b).
    (10) ANSI/ASSE 1019-1978, Performance Requirements for Wall 
Hydrants, Frost Proof Automatic Draining, Anti-Backflow Types, IBR 
approved for Sec. 3280.604(b).
    (11) ASSE 1023 (ANSI/ASSE-1979), Performance Requirements for Hot 
Water Dispensers, Household Storage Type Electrical, IBR approved for 
Sec. 3280.604(b).
    (12) ASSE 1025 (ANSI/ASSE-1978), Performance Requirements for 
Diverters for Plumbing Faucets with Hose Spray, Anti-Siphon Type, 
Residential Applications, IBR approved for Sec. 3280.604(b).
    (13) ASSE 1037-1990 (ANSI-1990), Performance Requirements for 
Pressurized Flushing Devices (Flushometers) for Plumbing Fixtures, IBR 
approved for Sec. 3280.604(b).
    (14) ASSE 1051 Revised 1996 (ANSI 1998), Performance Requirements 
for Air Admittance Valves for Plumbing Drainage Systems--Fixture and 
Branch Devices, IBR approved for Sec. 3280.604(b).
    (15) ASSE 1070-2004, Performance Requirements for Water Temperature 
Limiting Devices, IBR approved for Secs. 3280.604(b) and 3280.607(b).
    (p) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, West Conshohocken, PA 19428, (610) 832-9500, fax number 
610-832-9555, Web site: http://www.astm.org.
    (1) ASTM A53-93. Standard Specification for Pipe, Steel, Black and 
Hot-Dipped, Zinc-Coated, Welded and Seamless, IBR approved for 
Secs. 3280.604(b) and 3280.703.
    (2) ASTM A74-92, Standard Specification for Cast Iron Soil Pipe and 
Fittings, IBR approved for Sec. 3280.604(b).
    (3) ASTM A539-99, Standard Specification for Electric-Resistance-
Welded Coiled Steel Tubing for Gas and Fuel

[[Page 37]]

Oil Lines, IBR approved for Secs. 3280.703, 3280.705(b), and 
Sec. 3280.706(b).
    (4) ASTM B42-93, Standard Specification for Seamless Copper Pipe, 
Standard Sizes, IBR approved for Secs. 3280.604 and 3280.703.
    (5) ASTM B43-91, Standard Specification for Seamless Red Brass Pipe, 
Standard Sizes, IBR approved for Secs. 3280.604(b) and 3280.705(b).
    (6) ASTM B88-93, Standard Specification for Seamless Copper Water 
Tube, IBR approved for Secs. 3280.604, 3280.703, 3280.705(b), and 
3280.706(b).
    (7) ASTM B251-93, Standard Specification for General Requirements 
for Wrought Seamless Copper and Copper-Alloy Tube, IBR approved for 
Secs. 3280.604 and 3280.703.
    (8) ASTM B280-95a, Standard Specification for Seamless Copper Tube 
for Air Conditioning and Refrigeration Field Service, IBR approved for 
Secs. 3280.703, 3280.705(b), and 3280.706(b).
    (9) ASTM B306-92, Standard Specification for Copper Drainage Tube 
(DWV), IBR approved for Sec. 3280.604(b).
    (10) ASTM C 36/C 36M-99, Standard Specification for Gypsum 
Wallboard, 1999, IBR approved for Sec. 3280.304.
    (11) ASTM C564-97, Standard Specification for Rubber Gaskets for 
Case Iron Soil Pipe and Fittings, approved December 10, 1997, IBR 
approved for Secs. 3280.604(b) and 3280.611(d).
    (12) ASTM C920-02, Standard Specification for Elastomeric Joint 
Sealants, approved January 10, 2002, IBR approved for Sec. 3280.611(d).
    (13) ASTM D781-68 (Reapproved 1973), Standard Test Methods for 
Puncture and Stiffness of Paperboard, and Corrugated and Solid 
Fiberboard, IBR approved for Secs. 3280.304(b), and 3280.305(g).
    (14) ASTM D2235-88, Standard Specification for Solvent Cement for 
Acrylonitrile-Butadiene-Styrene (ABS) Plastic Pipe and Fittings, IBR 
approved for Sec. 3280.604(b).
    (15) ASTM D2564-91a, Standard Specification for Solvent Cements for 
Poly (Vinyl Chloride) (PVC) Plastic Piping Systems, IBR approved for 
Sec. 3280.604(b).
    (16) ASTM D2661-91, Standard Specification for Acrylonitrile-
Butadiene-Styrene (ABS) Schedule 40 Plastic Drain, Waste, and Vent Pipe 
and Fittings, IBR approved for Sec. 3280.604(b).
    (17) ASTM D2665-91b, Standard Specification for Poly (Vinyl 
Chloride) (PVC) Plastic Drain, Waste, and Vent Pipe and Fittings, IBR 
approved for Sec. 3280.604(b).
    (18) ASTM D2846-92, Standard Specification for Chlorinated Poly 
(Vinyl Chloride) (CPVC) Plastic Hot- and Cold-Water Distribution 
Systems, IBR approved for Sec. 3280.604(b).
    (19) ASTM D3309-92a, Standard Specification for Polybutylene (PB) 
Plastic Hot- and Cold-Water Distribution Systems, IBR approved for 
Sec. 3280.604(b).
    (20) ASTM D3311-92, Standard Specification for Drain, Waste, and 
Vent (DWV) Plastic Fittings Patterns, IBR approved for Sec. 3280.604(b).
    (21) ASTM D3953-97, Standard Specification for Strapping, Flat 
Steel, and Seals, approved April 10, 1997, IBR approved for 
Secs. 3280.306(b) and 3280.306(g).
    (22) ASTM D4442-92 (Reapproved 1997), Standard Test Methods for 
Direct Moisture Content Measurement of Wood and Wood-Base Materials, IBR 
approved for Sec. 3280.304(b).
    (23) ASTM D4444-92, Standard Test Methods for Use and Calibration of 
Hand-Held Moisture Meters, IBR approved for Sec. 3280.304(b).
    (24) ASTM D4635-01, Standard Specification for Polyethylene Films 
Made from Low-Density Polyethylene for General Use and Packaging 
Applications, approved June 10, 2001, IBR approved for Sec. 3280.611(d).
    (25) ASTM E84-01, Standard Test Method for Surface Burning 
Characteristics of Building Materials, 2001, IBR approved for 
Sec. 3280.203(a).
    (26) ASTM E 96-95 Standard Test Methods for Water Vapor Transmission 
of Materials, IBR approved for Sec. 3280.504(a).
    (27) ASTM E 162-94, Standard Test Method for Surface Flammability of 
Materials Using a Radiant Heat Energy Source, IBR approved for 
Sec. 3280.203(a).
    (28) ASTM E 773-97, Standard Test Methods for Accelerated Weathering 
of Sealed Insulating Glass Units, IBR approved for Sec. 3280.403(d).
    (29) ASTM E 774-97, Standard Specification for the Classification of 
the Durability of Sealed Insulating Glass Units, IBR approved for 
Sec. 3280.403(d).
    (30) ASTM E 1333-96, Standard Test Method for Determining 
Formaldehyde

[[Page 38]]

Concentrations in Air and Emission Rates from Wood Products Using a 
Large Chamber, approved March 10, 1996, IBR approved for 
Sec. 3280.406(b).
    (31) ASTM F628-91, Standard Specification for Acrylonitrile-
Butadiene-Styrene (ABS) Schedule 40, Plastic Drain, Waste, and Vent Pipe 
with a Cellular Core, IBR approved for Sec. 3280.604(b).
    (32) ASTM F876-10, Standard Specification for Crosslinked 
Polyethylene (PEX) Tubing, approved February 10, 2010, IBR approved for 
Sec. 3280.604(b).
    (33) ASTM F877-07, Standard Specification for Crosslinked 
Polyethylene (PEX) Plastic Hot- and Cold-Water Distribution Systems, 
approved February 1, 2007, IBR approved for Sec. 3280.604(b).
    (q) Cast Iron Soil Pipe Institute (CISPI), 1064 Delaware Avenue SE, 
Atlanta, GA 30316, telephone number 404-622-0073, fax number 404-973-
2845, Web site: http://www.cispi.org/.
    (1) CISPI-301-90, Standard Specification for Hubless Cast Iron Soil 
Pipe and Fittings for Sanitary and Storm Drain, Waste, and Vent Piping 
Applications, IBR approved for Sec. 3280.604(b).
    (2) CISPI-HSN-85, Specification for Neoprene Rubber Gaskets for HUB 
and Spigot Cast Iron Soil Pipe and Fittings, IBR approved for 
Secs. 3280.604, 3280.611(d).
    (r) FS--Federal Specifications, General Services Administration, 
Specifications Branch, Room 6039, GSA Building, 7th and D Streets, SW., 
Washington, DC 20407.
    (1) FS WW-P-541E/GEN-1980, Plumbing Fixtures (General 
Specifications), IBR approved for Sec. 3280.604(b).
    (2) FS ZZ-R-765B-1970, Silicone Rubber, (with 1971 Amendment), IBR 
approved for Sec. 3280.611(d).
    (s) HPVA (previously HPMA)--Hardwood Plywood and Veneer Association 
(HPVA) (previously named Hardwood Plywood Manufacturers Association 
(HPMA), 1825 Michael Faraday Drive, Reston, VA 22090, telephone number 
703-435-2900, fax number 703-435-2537, Web site: http://www.hpva.org/.
    (1) ANSI/HPVA HP-1-1994 (Approved 1995), American National Standard 
for Hardwood and Decorative Plywood, IBR approved for Sec. 3280.304(b).
    (2) HP-SG-96, Structural Design Guide for Hardwood Plywood Wall 
Panels, revised 1996, IBR approved for Sec. 3280.304(b).
    (t) HUD User, 11491 Sunset Hills Road, Reston, VA 20190-5254.
    (1) HUD User No. 0005945, Overall U-values and Heating/Cooling 
Loads--Manufactured Homes, February 1992. IBR approved for 
Sec. 3280.508(b).
    (2) [Reserved]
    (u) IIT Research Institute (IITRI), 10 West 35th Street, Chicago, IL 
60616, telephone number 312-567-4000, Web site: http://www.iitri.org/.
    (1) IITRI Fire and Safety Research Project J-6461 ``Development of 
Mobile Home Fire Test Methods to Judge the Fire-Safe Performance of Foam 
Plastic Sheathing and Cavity Insulation'', 1979, IBR approved for 
Sec. 3280.207(a).
    (2) [Reserved]
    (v) International Association of Plumbing and Mechanical Officials 
(IAPMO), 4755 East Philadelphia Street, Ontario, CA 91716, telephone 
number 909-472-4100, fax number 909-472-4150, Web site: http://
www.iapmo.org.
    (1) IAPMO PS 2-89, Material and Property Standard for Cast Brass and 
Tubing P-Traps, IBR approved for Sec. 3280.604(b).
    (2) IAPMO PS 4-90, Material and Property Standard for Drains for 
Prefabricated and Precast Showers, IBR approved for Sec. 3280.604(b).
    (3) IAPMO PS 5-84, Material and Property Standard for Special Cast 
Iron Fittings, IBR approved for Sec. 3280.604(b).
    (4) IAPMO PS 9-84, Material and Property Standard for Diversion Tees 
and Twin Waste Elbow, IBR approved for Sec. 3280.604(b).
    (5) IAPMO PS 14-89, Material and Property Standard for Flexible 
Metallic Water Connectors, IBR approved for Sec. 3280.604(b).
    (6) IAPMO PS 23-89, Material and Property Standard for Dishwasher 
Drain Airgaps, IBR approved for Sec. 3280.604(b).
    (7) IAPMO PS 31-91, Material and Property Standards for Backflow 
Prevention Assemblies, IBR approved for Sec. 3280.604(b).
    (8) IAPMO TSC 9-97, Standard for Gas Supply Connectors for 
Manufactured Homes, IBR approved for Sec. 3280.703.

[[Page 39]]

    (9) IAPMO TSC 22-85, Standard for Porcelain Enameled Formed Steel 
Plumbing Fixtures, IBR approved for Sec. 3280.604(b).
    (w) Military Specifications and Standards, Naval Publications and 
Forms Center (MIL), 5801 Tabor Avenue, Philadelphia, PA 19120.
    (1) MIL-L-10547E-1975, Liners, Case, and Sheet, Overwrap; Water-
Vapor Proof or Waterproof, Flexible, IBR approved for Sec. 3280.611(d).
    (2) [Reserved]
    (x) National Electrical Manufacturers Association (NEMA), 1300 North 
17th Street, Suite 1752, Arlington, VA 22209, telephone number 703-841-
3200, fax number 703-841-5900, Web site: http://www.nema.org/Pages/
default.aspx.
    (1) ANSI/NEMA WD-6-1997 Wiring Devices-Dimensional Specifications, 
IBR approved for Sec. 3280.803(f).
    (2) [Reserved]
    (y) International Code Council Evaluation Service (NER), (previously 
known as National Evaluation Service), 5360 Workman Mill Road, Whittier, 
CA 90601-0543, telephone number 1-800-423-6587, ext. 66546, fax number 
562-695-4694, Web site: http://www.icc-es.org.
    (1) NER-272, National Evaluation Report, Power Driven Staples, 
Nails, and Allied Fasteners for Use in All Types of Building 
Construction, Reissued September 1, 1997, IBR approved for 
Sec. 3280.304(b).
    (2) [Reserved]
    (z) National Fenestration Rating Council (NFRC), 6305 Ivy Lane, 
Suite 140, Greenbelt, MD 20770, telephone number 301-589-1776, fax 
number 301-589-3884, Web site: http://www.nfrc.org.
    (1) NFRC 100, Procedure for Determining Fenestration Product U-
factors, 1997 Edition, IBR approved for Sec. 3280.508(e).
    (2) [Reserved]
    (aa) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02269, phone number 617-770-3000, fax number 617-770-
0700, Web site: http://www.nfpa.org.
    (1) NFPA 31, Standard for the Installation of Oil Burning Equipment, 
2001, IBR approved for Secs. 3280.703 and 3280.707(f).
    (2) NFPA 54-2002, National Fuel Gas Code, IBR approved for 
Sec. 3280.703.
    (3) NFPA 58, Liquefied Petroleum Gas Code, 2001 Edition, IBR 
approved for Secs. 3280.703 and 3280.704(b).
    (4) NFPA No. 70-2005, National Electrical Code, IBR approved as 
follows:
    (i) Article 110.22, IBR approved for Secs. 3280.803(k) and 
3280.804(k).
    (ii) Article 210.12(A) and (B), IBR approved for Sec. 3280.801(b).
    (iii) Article 220.61, IBR approved for Sec. 3280.811(b).
    (iv) Article 230, IBR approved for Secs. 3280.803(k) and 
3280.804(k).
    (v) Article 250.24, IBR approved for Secs. 3280.803(k) and 
3280.804(k).
    (vi) Article 250.26, IBR approved for Secs. 3280.803(k) and 
3280.804(k).
    (vii) Article 250.28, IBR approved for Secs. 3280.803(k) and 
3280.804(k).
    (viii) Article 312.2(A), IBR approved for Secs. 3280.803(k) and 
3280.804(k).
    (x) Table 314.16(A), IBR approved for Secs. 3280.808(m) and 
3280.808(q).
    (ix) Article 314.23(B), IBR approved for Secs. 3280.808(m) and 
3280.808(q).
    (xi) Article 406.3, IBR approved for Sec. 3280.807(d).
    (xii) Article 410.4(D), IBR approved for Sec. 3280.805(a).
    (xiii) Article 440, IBR approved for Sec. 3280.805(a).
    (xiv) Article 440.65, IBR approved for Sec. 3280.801(b).
    (xv) Part II of Article 550, IBR approved for Secs. 3280.801(a) and 
3280.801(b).
    (xvi) Article 550.25(a), IBR approved for Sec. 3280.801(b).
    (xvii) Article 680.70, IBR approved for Secs. 3280.607(c) and 
3280.801(a).
    (xviii) Article 680.71, IBR approved for Secs. 3280.607(c) and 
3280.801(a).
    (xix) Articles 680.72, IBR approved for Secs. 3280.607(c) and 
3280.801(a).
    (5) NFPA 90B, Warm Air Heating and Air Conditioning Systems, 1996 
Edition, IBR approved for Sec. 3280.703.
    (6) NFPA 220, Standard on Types of Building Construction, Chapter 2: 
definitions of ``limited combustible'' and ``noncombustible material'', 
1995 Edition, IBR approved for Sec. 3280.202.
    (7) NFPA 253, Standard Method of Test for Critical Radiant Flux of 
Floor Covering Systems Using a Radiant Heat Energy Source, 2000, IBR 
approved for Sec. 3280.207(c).

[[Page 40]]

    (8) NFPA 255, Standard Method of Test of Surface Burning 
Characteristics of Building Materials, 1996, IBR approved for 
Secs. 3280.203(a) and 3280.207(a).
    (bb) U.S. Department of Commerce, National Institute of Standards 
and Technology (NIST), Office of Engineering Standards, Room A-166, 
Technical Building, Washington, DC 20234 and Voluntary Product Division, 
100 Bureau Drive, Stop 2100, Gaithersburg, MD 20899-2100, telephone 
number 301- 975-4000, fax number 301-975-4715, Web site: http://
www.nist.gov.
    (1) PS 1-95, Construction and Industrial Plywood (With Typical APA 
Trademarks), IBR approved for Sec. 3280.304(b).
    (2) Voluntary Product Standard PS 2-04, Performance Standard for 
Wood-Based Structural-Use Panels, December 2004, IBR approval for 
Sec. 3280.304(b).
    (cc) National Sanitation Foundation (NSF), 789 North Dixboro Road, 
Ann Arbor, MI 48105, telephone number 734-769-8010, fax number 734-769-
0109, Web site: http://www.nsf.org.
    (1) ANSI/NSF 14-1990, Plastic Piping Components and Related 
Materials, IBR approved for Sec. 3280.604(b).
    (2) ANSI/NSF 24-1988, Plumbing System Components for Manufactured 
Homes and Recreational Vehicles, IBR approved for Sec. 3280.604(b).
    (3) ANSI/NSF 61-2001, Drinking Water System Components-Health 
Effects, IBR approved for Sec. 3280.604(b).
    (dd) Resources, Applications, Designs, & Controls (RADCO), 3220 East 
59th Street, Long Beach, CA 90805, telephone number 562-272-7231, fax 
number 562-529-7513, Web site: http://www.radcoinc.com.
    (1) RADCO DS-010-91, Decorative Gas Appliances for Installation in 
Solid Fuel Burning Fireplaces, May 1991, IBR approved for Sec. 3280.703.
    (2) [Reserved]
    (ee) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, 
Warrendale, PA 15096, telephone number 724-776-0790, Web site: http://
www.sae.org/.
    (1) SAE-J533b-1992, Flares for Tubing, IBR approved for 
Secs. 3280.703 and 3280.705(f).
    (2) [Reserved]
    (ff) Steel Joist Institute (SJI), 234 West Cheves Street, Florence, 
SC 29501, telephone number 843-407-4091, Web site: http://
steeljoist.org.
    (1) Standard Specifications Load Tables and Weight Tables for Steel 
Joists and Joist Girders, SJI 1994, Fortieth Edition, IBR approved for 
Sec. 3280.304(b).
    (2) [Reserved]
    (gg) Truss Plate Institute (TPI), 218 North Lee Street, Suite 312, 
Alexandria, VA 22314, telephone number 703-683-1010, fax number 866-501-
4012, Web site: http://www.tpinst.org/index.html.
    (1) TPI-85, Design Specifications for Metal Plate and Wood Connected 
Trusses, IBR approved for Sec. 3280.304(b).
    (2) [Reserved]
    (hh) Underwriters' Laboratories, Inc. (UL), 333 Pfingsten Road, 
Northbrook, IL 60062, telephone number 847-272-8800, fax number 847-509-
6257, Web site: http://www.ul.com.
    (1) UL 94-1996, with 2001 revisions, Test for Flammability of 
Plastic Materials for Parts in Devices and Appliances, Fifth Edition, 
IBR approved for Sec. 3280.715(e).
    (2) UL 103-1995, with 1999 revisions, Factory-Built Chimneys for 
Residential Type and Building Heating Appliances, Ninth Edition, IBR 
approved for Sec. 3280.703.
    (3) UL 109-1997, with 2001 revisions, Tube Fittings for Flammable 
and Combustible Fluids, Refrigeration Service, and Marine Use, Sixth 
Edition, IBR approved for Sec. 3280.703.
    (4) UL 127-1996, with 1999 revisions, Factory-Built Fireplaces, 
Seventh Edition, IBR approved for Sec. 3280.703.
    (5) UL 174-1996, with 1997 revisions, Household Electric Storage 
Tank Water Heaters, Tenth Edition, IBR approved for Sec. 3280.703.
    (6) UL 181 Factory-Made Air Ducts and Air Connectors, Ninth Edition, 
April 4, 1996, with revisions through May 15, 2003, IBR approved for 
Secs. 3280.702, 3280.703 and 3280.715(a).
    (7) UL 181A, 1994, with 1998 revisions, Standard for Safety Closure 
Systems for use with Rigid Air Ducts and Air Connectors, Second Edition, 
IBR approved for Secs. 3280.703 and 3280.715(c).
    (8) UL 181B, 1995, with 1998 revisions, Standard for Safety Closure 
Systems for use with Flexible Air Ducts and Air Connectors, First 
Edition, IBR approved for Secs. 3280.703 and 3280.715(c).

[[Page 41]]

    (9) UL 217, Single and Multiple Station Smoke Alarms, Fifth Edition, 
dated January 4, 1999, IBR approved for Sec. 3280.208(a).
    (10) UL 268, Smoke Detectors for Fire Protective Signaling Systems, 
Fourth Edition, dated January 4, 1999, IBR approved for 
Sec. 3280.208(a).
    (11) UL 307A-1995, Liquid Fuel-Burning Heating Appliances for 
Manufactured Homes and Recreational Vehicles, Seventh Edition, with 1997 
revisions, IBR approved for Secs. 3280.703 and 3280.707(f).
    (12) UL 307B-1995, Gas Burning Heating Appliances for Manufactured 
Homes and Recreational Vehicles, Fourth Edition, with 1998 revisions, 
IBR approved for Sec. 3280.703.
    (13) UL 311, 1994, with 1998 revisions, Roof Jacks for Manufactured 
Homes and Recreational Vehicles, Eighth Edition, IBR approved for 
Sec. 3280.703.
    (14) UL 441, 1996 with 1999 revisions, Gas Vents, Ninth Edition, IBR 
approved for Sec. 3280.703.
    (15) UL 569, 1995 with 2001 revisions, Pigtails and Flexible Hose 
Connectors for LP-Gas, Seventh Edition, IBR approved for Secs. 3280.703 
and 3280.705(k).
    (16) UL 737, 1996, Fireplace Stoves, Eight Edition, with 2000 
revisions, IBR approved for Sec. 3280.703.
    (17) UL 923 Microwave Cooking Appliances, Fifth Edition, May 23, 
2002, IBR approved for Sec. 3280.204(c).
    (18) UL 1042-1994, Electric Baseboard Heating Equipment, Fourth 
Edition, with 1998 revisions, IBR approved for Sec. 3280.703.
    (19) UL 1096, 1986, Electric Central Air Heating Equipment, Fourth 
Edition with revisions July 16, 1986, and January 30, 1988, IBR approved 
for Sec. 3280.703.
    (20) UL 1482, 1996, with 2000 revisions, Solid-Fuel Type Room 
Heaters, Fifth Edition, IBR approved for Sec. 3280.703.
    (21) UL 1995, 1995, Heating and Cooling Equipment, Second Edition, 
with 1999 revisions, IBR approved for Sec. 3280.703.
    (22) UL 2021-1997. Fixed and Location-Dedicated Electric Room 
Heaters, Second Edition, with 1998 revisions, IBR approved for 
Sec. 3280.703.
    (ii) Underwriters' Laboratories of Canada (ULC), 7 Underwriters 
Road, Toronto, Ontario, Canada M1 R 3A9, telephone number 866-937-3852, 
fax number 416-757-8727, Web site: http://www.ul.com/canada/eng/pages/.
    (1) CAN/ULC S102.2-M88, Standard Method of Test for Surface Burning 
Characteristics of Floor Coverings and Miscellaneous Materials and 
Assemblies, Fourth Edition, April 1988, IBR approved for 
Sec. 3280.207(b).
    (2) [Reserved]
    (jj) Window and Door Manufacturers Association (WDMA) (Previously 
known as the National Wood Window and Door Association, (NWWDA)), 2025 M 
Street, NW., Suite 800, Washington, DC 20036-3309, telephone number 202-
367-1157, Web site: https://www.wdma.com.
    (1) NWWDA I.S.4-81, Water Repellent Preservative Non-Pressure 
Treatment for Millwork, IBR approved for Sec. 3280.405(b).
    (2) [Reserved]

[78 FR 73976, Dec. 9, 2013, as amended at 79 FR 31863, June 3, 2014]



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 applicable statement:

    This manufactured home is designed to comply with the Federal 
Manufactured Home Construction and Safety Standards in force at the time 
of manufacture.or
    This manufactured home has been substantially completed in 
accordance with an approved design and has been inspected (except for 
the components specifically identified in

[[Page 42]]

the instructions for completion on-site) in accordance with the Federal 
Manufactured Home Construction and Safety Standards and the requirements 
of the Department of Housing and Urban Development (HUD) in effect on 
the date 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, as amended at 80 FR 53727, Sept. 8, 2015]



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 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]

[[Page 43]]



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 
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.

[[Page 44]]

    (b) Whole-house ventilation. Each manufactured home must be provided 
with whole-house ventilation having a minimum capacity of 0.035 ft\3\/
min/ft\2\ of interior floor space or its hourly average equivalent. This 
ventilation capacity must be in addition to any openable window area. In 
no case shall the installed ventilation capacity of the system be less 
than 50 cfm nor more than 90 cfm. The following criteria must be adhered 
to:
    (1) The ventilation capacity must be provided by a mechanical system 
or a combination passive and mechanical system. The ventilation system 
or provisions for ventilation must not create a positive pressure in Uo 
Value Zone 2 and Zone 3 or a negative pressure condition in Uo Value 
Zone 1. Mechanical systems must be balanced. Combination passive and 
mechanical systems must have adequately sized inlets or exhaust to 
release any unbalanced pressure. Temporary pressure imbalances due to 
gusting or high winds are permitted.
    (2) The ventilation system or provisions for ventilation must 
exchange air directly with the exterior of the home, except the 
ventilation system, or provisions for ventilation must not draw or expel 
air with the space underneath the home. The ventilation system or 
provisions for ventilation must not draw or expel air into the floor, 
wall, or ceiling/roof systems, even if those systems are vented. The 
ventilation system must be designed to ensure that outside air is 
distributed to all bedrooms and main living areas. The combined use of 
undercut doors or transom grills connecting those areas to the room 
where the mechanical system is located is deemed to meet this 
requirement.
    (3) The ventilation system or a portion of the system is permitted 
to be integral with the home's heating or cooling system. The system 
must be capable of operating independently of the heating or cooling 
modes. A ventilation system that is integral with the heating or cooling 
system is to be listed as part of the heating and cooling system or 
listed as suitable for use with that system.
    (4) A mechanical ventilation system, or mechanical portion thereof, 
must be provided with a manual control, and must be permitted to be 
provided with automatic timers or humidistats.
    (5) A whole-house ventilation label must be attached to the whole-
house ventilation control, must be permanent, and must state: ``WHOLE-
HOUSE VENTILATION''.
    (6) Instructions for correctly operating and maintaining whole-house 
ventilation systems must be included with the homeowner's manual. The 
instructions must encourage occupants to operate these systems whenever 
the home is occupied, and must refer to the labeled whole-house 
ventilation control.
    (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 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, as amended at 70 FR 72042, Nov. 30, 2005]



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.

[[Page 45]]



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 feet. The travel 
distance to the exit door must be measured on the floor or other walking 
surface along the center-line of the natural and unobstructed path of 
travel starting at the center of the bedroom door, curving around any 
corners or permanent obstructions with a one-foot clearance from, and 
ending at, the center of the exit door.
    (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 must provide a minimum 28-inch wide 
 74-inch high clear opening. Door seals are permitted to reduce the 
opening, either vertically or horizontally, a maximum of one inch. All 
exterior sliding glass doors must provide a minimum 28-inch wide  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; 78 FR 73981, Dec. 9, 2013]



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 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

[[Page 46]]

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 must have a minimum width of 30 inches, with 
a minimum clear space of 21 inches in front of each toilet. A toilet 
located adjacent to a wall must have the center-line of the toilet 
located a minimum of 15 inches from the wall. A toilet located adjacent 
to a tub must have the center-line of the toilet located a minimum of 12 
inches from the outside edge of the tub.

[78 FR 73981, Dec. 9, 2013]



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 alarms 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; 67 FR 12817, 
Mar. 19, 2002]



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) Hazardous locations requiring safety glazing. Except as provided 
in paragraph (d) of this section, the following locations and areas 
require the use of safety glazing conforming to the requirements of 
paragraph (c) of this section:
    (1) Glazing in all entrance or exit doors;
    (2) Glazing in fixed and sliding panels of sliding glass doors;
    (3) Glazing in storm-type doors;
    (4) Glazing in unframed side-hinged swinging doors;
    (5) Glazing in doors and fixed panels less than 60 inches above the 
room floor level that enclose bathtubs, showers, hydromassage tubs, hot 
tubs, whirlpools, saunas;
    (6) Glazing within 12 inches horizontally, as measured from the edge 
of the door in the closed position, and 60 inches vertically as measured 
from the room floor level, adjacent to and in the same plane of a door;
    (7) Glazing within 36 inches of an interior room walking surface 
when the glazing meets all of the following:
    (i) Individual glazed panels exceed 9 square feet in area in an 
exposed surface area;
    (ii) The bottom edge of the exposed glazing is less than 19 inches 
above the room floor level; and

[[Page 47]]

    (iii) The top edge of the exposed glazing is greater than 36 inches 
above the room floor level.
    (8) Glazing in rails and guardrails; and
    (9) Glazing in unbacked mirrored wardrobe doors (i.e., mirrors that 
are not secured to a backing that is capable of being the door itself).
    (c) Safety glazing material is considered to be any glazing material 
capable of meeting the requirements of Consumer Product Safety 
Commission 16 CFR part 1201, or Standard for Safety Glazing Materials 
used in Buildings --Safety Performance Specifications and Methods of 
Test, ANSI Z97.1-2004 (incorporated by reference, see Sec. 3280.4).
    (d) Glazing in the following locations is not required to meet the 
requirements in paragraph (b) of this section:
    (1) Openings in doors through which a 3-inch sphere is unable to 
pass;
    (2) Leaded and decorative glazed panels;
    (3) Glazing in jalousie-type doors;
    (4) Glazing as described in paragraph (b)(6) of this section when an 
intervening wall or other permanent barrier exists between the door and 
the glazing;
    (5) Glazing as described in paragraph (b)(7) of this section when a 
protective bar or member is installed horizontally between 34 inches and 
38 inches above the room floor level, as long as the bar or member is a 
minimum of 1\1/2\ inches in height and capable of resisting a horizontal 
load of 50 pounds per lineal foot; and
    (6) Mirrors mounted on a flush door surface or solid wall surface.

[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; 78 FR 73981, Dec. 9, 2013]



                          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:

[[Page 48]]

    (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 contained in Chapter 2 of NFPA 220-1995, Standard 
on Types of Building Construction; or
    (2) \5/16\-inch or thicker gypsum board.
    Noncombustible material: A material meeting the definition contained 
in Chapter 2 of NFPA 220-1995, Standard on Types of Building 
Construction.
    Smoke alarm: An alarm device that is responsive to smoke.
    Tactile notification appliance: A notification appliance that alerts 
by the sense of touch or vibration.

[58 FR 55004, Oct. 25, 1993, as amended at 67 FR 12817, Mar. 19, 2002; 
70 FR 72042, Nov. 30, 2005]



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 must not exceed the value shown in 
Sec. 3280.203(b) when tested by Standard Test Method for Surface Burning 
Characteristics of Building Materials, ASTM E84-01, 2001, or Standard 
Method of Test of Surface Burning Characteristics of Building Materials 
NFPA 255, 1996, 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 162-94. However, 
the following materials need not be tested to establish their flame 
spread rating unless a lower rating is required by the standards in this 
part:
    (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

[[Page 49]]

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; 70 
FR 72042, Nov. 30, 2005]



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 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) Alternative compliance. When all exposed surfaces along the 
bottoms and sides of combustible kitchen cabinets are protected as 
described in paragraph (a) of this section, the metal hood, the \5/16\-
inch thick gypsum board or equivalent material, and the \3/8\-inch 
airspace required by paragraph (a) of this section can be omitted, 
provided that:
    (1) A microwave oven is installed between the cabinet and the range; 
and
    (2) The microwave oven is equivalent in fire protection to the metal 
range hood required by paragraph (a) of this section; and
    (3) The microwave oven is certified to be in conformance with 
Microwave Cooking Appliances, UL 923-2002 (incorporated by reference, 
see Sec. 3280.4).
    (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.

[49 FR 32008, Aug. 9, 1984, as amended at 78 FR 73982, Dec. 9, 2013]



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

[[Page 50]]

where a furnace or water heater is installed, provided that it is not 
located under the furnace or water heater.



Sec. 3280.206  Fireblocking.

    (a) General. Fireblocking must comply with the requirements of this 
section. The integrity of all fireblocking materials must be maintained.
    (b) Fireblocking materials. Fireblocking must consist of the 
following materials:
    (1) Minimum one inch nominal lumber, \5/16\ inch thick gypsum board, 
or equivalent fire resistive materials; or
    (2) Other Listed or Approved Materials;
    (c) Fireblocking locations. (1) Fireblocking must be installed in 
concealed spaces of stud walls, partitions, and furred spaces at the 
floor and ceiling levels. Concealed spaces must not communicate between 
floor levels. Concealed spaces must not communicate between a ceiling 
level and a concealed roof area, or an attic space.
    (2) Fireblocking must be installed at the interconnection of a 
concealed vertical space and a concealed horizontal space that occurs:
    (i) Between a concealed wall cavity and the ceiling joists above; 
and
    (ii) At soffits, drop ceilings, cover ceilings, and similar 
locations.
    (3) Fireblocking must be installed around the openings for pipes, 
vents, and other penetrations in walls, floors, and ceilings of furnace 
and water heater spaces. Pipes, vents, and other penetrations that 
cannot be moved freely within their opening are considered to be 
fireblocked. Materials used to fireblock heat producing vent 
penetrations must be noncombustible or limited combustible types.

[71 FR 72042, Nov. 30, 2005]



Sec. 3280.207  Requirements for thermal insulating materials.

    (a) General. Except for foam plastic materials and as provided in 
this section, exposed and concealed thermal insulating materials, 
including any facings, must be tested in accordance with NFPA 255-96, 
Standard Method of Test of Surface Burning Characteristics of Building 
Materials (incorporated by reference, see Sec. 3280.4) and must have a 
flame spread index of 25 or less and a smoke developed index of 450 or 
less. The flame spread and smoke developed limitations do not apply to:
    (1) Coverings and facings of insulation batts or blankets installed 
in concealed spaces when the facings are in substantial contact with the 
unexposed surface of wall, floor, or ceiling finish; or
    (2) Cellulose loose-fill insulation that complies with paragraph (b) 
of this section.
    (b) Loose-fill insulation. (1) Cellulose loose-fill insulation that 
is not spray-applied or self-supporting must comply with, and each 
package must be labeled in accordance with the Consumer Product Safety 
Commission requirements in 16 CFR parts 1209 and 1404.
    (2) Other loose-fill insulation that cannot be mounted in the NFPA 
255-96, test apparatus without a screen or other artificial support must 
be tested in accordance with CAN/ULC S102.2-M88, Standard Method of Test 
for Surface Burning Characteristics of Floor Coverings and Miscellaneous 
Materials and Assemblies (incorporated by reference, see Sec. 3280.4), 
and must have a flame spread index of 25 or less and a smoke developed 
index of 450 or less.
    (c) Attic locations. Exposed insulation installed on the floor or 
ceiling forming the lower boundary of the attic must be tested in 
accordance with NFPA 253-2000, Standard Method of Test for Critical 
Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy 
Source (incorporated by reference, see Sec. 3280.4) and must have a 
critical radiant flux of not less than 0.12 watt/cm\2\.



Sec. 3280.208  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:

[[Page 51]]

    (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);
    (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 (IIT) Report, ``Development of Mobile Home Fire Test 
Methods to Judge the Fire-Safe Performance of Foam Plastic Sheathing and 
Cavity Insulation, IITRI Fire and Safety Research Project J-6461, 1979'' 
or other full-scale fire tests accepted by HUD, and it is installed in a 
manner consistent with the way the material was installed in the foam 
plastic test module. The materials must 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 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 demonstrates 
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.

[49 FR 32008, Aug. 9, 1984, as amended at 70 FR 72043, Nov. 30, 2005. 
Redesignated at 78 FR 73982, Dec. 9, 2013]



Sec. 3280.209  Smoke alarm requirements.

    (a) Labeling. Each smoke alarm required under paragraph (b) of this 
section must conform with the requirements of UL 217, Single and 
Multiple Station Smoke Alarms, dated January 4, 1999 (incorporated by 
reference, see Sec. 3280.4), or UL 268, Smoke Detectors for Fire 
Protective Signaling Systems, dated January 4, 1999 (incorporated by 
reference, see Sec. 3280.4), and must bear a label to evidence 
conformance.
    (b) Required smoke alarm locations. (1) At least one smoke alarm 
must be installed in each of the following locations:
    (i) To protect both the living area and kitchen space. Manufacturers 
are encouraged to locate the alarm in the living area remote from the 
kitchen and cooking appliances. A smoke alarm located within 20 feet 
horizontally of a cooking appliance must incorporate a temporary 
silencing feature or be of a photoelectric type.
    (ii) In each room designed for sleeping.
    (iii) On the ceiling of the upper level near the top or above each 
stairway, other than a basement stairway, in any multistory home 
completed in accordance with this part or part 3282 of this chapter. The 
alarm must be located so that smoke rising in the stairway cannot be 
prevented from reaching the alarm by an intervening door or obstruction.
    (2) For each home designed to be placed over a basement, the 
manufacturer must provide a smoke alarm for

[[Page 52]]

the basement and must install at the factory an electrical junction box 
for the installation of this smoke alarm and for its interconnection to 
other smoke alarms required by this section. The instructions for 
installers and information for homeowners required in paragraph (f) of 
this section must clearly indicate that a smoke alarm should be 
installed and is to be located on the basement ceiling near the 
stairway.
    (3) A smoke alarm required under this section must not be placed in 
a location that impairs its effectiveness or in any of the following 
locations:
    (i) Within 3 feet horizontally from any discharge grille 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; and
    (ii) In any location or environment that is prohibited by the terms 
of its listing, except as permitted by this section.
    (c) Mounting requirements. (1) Except in rooms with peaked sloping 
or shed sloping ceilings with a slope of more than 1.5/12 or as 
permitted pursuant to paragraph (e) of this section, smoke alarms must 
be mounted either:
    (i) On the ceiling at least 4 inches from each wall; or
    (ii) On a wall with the top of the alarm not less than 4 inches 
below the ceiling, and not farther from the ceiling than 12 inches or 
the distance from the ceiling specified in the smoke alarm 
manufacturer's listing and instructions, whichever is less.
    (2) Except as permitted pursuant to paragraph (e) of this section, 
in rooms with peaked sloping ceilings with a slope of more than 1.5/12, 
smoke alarms must be mounted on the ceiling within 3 feet, measured 
horizontally, from the peak of the ceiling; at least 4 inches, measured 
vertically, below the peak of the ceiling; and at least 4 inches from 
any projecting structural element.
    (3) Except as permitted pursuant to paragraph (e) of this section, 
in rooms with shed sloping ceilings with a slope of more than 1.5/12, 
smoke alarms must be mounted on the ceiling within 3 feet, measured 
horizontally, of the high side of the ceiling, and not closer than 4 
inches from any adjoining wall surface and from any projecting 
structural element.
    (d) Connection to power source. (1) Each smoke alarm must be powered 
from:
    (i) The electrical system of the home as the primary power source 
and a battery as a secondary power source; or
    (ii) A battery rated for a 10-year life, provided the smoke alarm is 
listed for use with a 10-year battery.
    (2) Each smoke alarm whose primary power source is the home 
electrical system must be mounted on an electrical outlet box and 
connected by a permanent wiring method to a general electrical circuit. 
More than one smoke alarm is permitted to be placed on the same 
electrical circuit. The wiring circuit for the alarm must not include 
any switches between the over-current protective device and the alarm, 
and must not be protected by a ground fault circuit interrupter.
    (3) Smoke alarms required under this section must be interconnected 
such that the activation of any one smoke alarm causes the alarm to be 
triggered in all required smoke alarms in the home.
    (e) Visible and tactile notification appliances. (1) In addition to 
the smoke alarms required pursuant to this section, the manufacturer 
must provide visible and listed tactile notification appliances if these 
appliances are ordered by the purchaser or retailer before the home 
enters the first stage of production. These appliances are required to 
operate from the primary power source, but are not required to operate 
from a secondary power source.
    (2) A visible notification appliance in a room designed for sleeping 
must have a minimum rating of 177 candela, except that when the visible 
notification appliance is wall-mounted or suspended more than 24 inches 
below the ceiling, a minimum rating of 110 candela is permitted.
    (3) A visible notification appliance in an area other than a room 
designed for sleeping must have a minimum rating of 15 candela.
    (f) Testing and maintenance. (1) Each required smoke alarm installed 
at the factory must be operationally tested, after conducting the 
dielectric test

[[Page 53]]

specified in Sec. 3280.810(a), in accordance with the alarm 
manufacturer's instructions. A smoke alarm that does not function as 
designed during the test and is not fixed so that it functions properly 
in the next retest must be replaced. Any replacement smoke alarm must be 
successfully tested in accordance with this paragraph.
    (2) Home manufacturers must provide specific written instructions 
for installers on how to inspect and test the operation of smoke alarms 
during installation of the home. These instructions must indicate that 
any smoke alarm that does not meet the inspection or testing 
requirements needs to be replaced and retested.
    (3) Home manufacturers must provide the homeowner with the alarm 
manufacturer's information describing the operation, method and 
frequency of testing, and proper maintenance of the smoke alarm. This 
information must be provided in same manner and location as the consumer 
manual required by Sec. 3282.207 of this chapter, but does not have to 
be incorporated into the consumer manual. No dealer, distributor, 
construction contractor, or other person shall interfere with the 
distribution of this information

[67 FR 12817, Mar. 19, 2002, as amended at 67 FR 49795, July 31, 2002. 
Redesignated at 78 FR 73982, Dec. 9, 2013]



Sec. 3280.210  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. Redesignated at 78 FR 73982, Dec. 9, 2013]



           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 the following:
    (a) Structural strength and rigidity;
    (b) Protection against corrosion, decay, insects, rodents, and other 
similar destructive forces;
    (c) Protection against wind hazards;
    (d) Resistance to the elements; and
    (e) Durability and economy of maintenance.

[78 FR 73982, Dec. 9, 2013]



Sec. 3280.302  Definitions.

    The following definitions are applicable to subpart D only:
    Anchor assembly means any device or other means designed to transfer 
home anchoring loads to the ground.
    Anchoring equipment means ties, straps, cables, turnbuckles, chains, 
and other approved components, including tensioning devices that are 
used to secure a manufactured home to anchor assemblies.
    Anchoring system means a combination of anchoring equipment and 
anchor assemblies that will, when properly designed and installed, 
resist the uplift, overturning, and lateral forces on the manufactured 
home and on its support and foundation system.
    Diagonal tie means a tie intended to resist horizontal or shear 
forces, but which may resist vertical, uplift, and overturning forces.
    Footing: means that portion of the support system that transmits 
loads directly to the soil.
    Foundation system means a system of support that is capable of 
transferring all design loads to the ground, including elements of the 
support system as defined in this section, or a site-built permanent 
foundation that meets the requirements of 24 CFR 3282.12.
    Ground anchor means a specific anchoring assembly device designed to 
transfer 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.

[[Page 54]]

    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 systems, such as piers, footings, ties, anchoring equipment, 
anchoring assemblies, or any other equipment, materials, and methods of 
construction that support and secure the manufactured home to the 
ground.
    Support system: means a combination of footings, piers, caps, and 
shims that will, when properly installed, support the manufactured home.
    Support system means any pilings, columns, footings, piers, 
foundation walls, shims, and any combination thereof that, when properly 
installed, support the manufactured home.
    Tie: means straps, cable, or securing devices used to connect the 
manufactured home to ground anchors.
    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, as amended at 
72 FR 59361, Oct. 19, 2007]



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 the Standards in this part or in the 
applicable provisions of those standards incorporated in this part by 
reference, the manufacturer electing this option must develop or cause 
to be developed testing procedures to demonstrate the structural 
properties and significant characteristics of the material, assembly, 
subassembly component, or member, except for testing methods involving 
one-piece metal roofing as would be required in 
Sec. 3280.305(c)(1)(iii). Such testing procedures become part of the 
manufacturer's approved design. Such tests must be witnessed by an 
independent licensed professional engineer or architect or by a 
recognized testing organization. Copies of the test results must 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; 70 
FR 72043, Nov. 30, 2005]

[[Page 55]]



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:

                                Aluminum

    Aluminum Design Manual, Specifications and Guidelines for Aluminum 
Structures, Part 1-A, Sixth Edition, October 1994, and Part 1-B, First 
Edition, October 1994.

                                  Steel

    Specification for Structural Steel Buildings--Allowable Stress 
Design and Plastic Design--AISC-S335, 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-1996.
    Specification for the Design of Cold-Formed Stainless Steel 
Structural Members--SEI/ASCE 8-02, 2002.
    Standard Specifications Load Tables and Weight Tables for Steel 
Joists and Joist Girders, SJI, Fortieth Edition, 1994.
    Structural Applications of Steel Cables for Buildings--ASCE19, 1996.
    Standard Specification for Strapping, Flat Steel and Seals--ASTM 
D3953, 1991.

                         Wood and Wood Products

    Basic Hardboard--ANSI/AHA A135.4-1995.
    Prefinished Hardboard Paneling--ANSI/AHA A135.5-1995.
    Hardboard Siding--ANSI/AHA A135.6-1998.
    American National Standard for Hardwood and Decorative Plywood--
ANSI/HPVA HP-1-1994 (Approved 1995).
    Structural Design Guide for Hardwood Plywood Wall Panels--HPVA 
Design Guide HP-SG-96, 1996.
    For wood products--Structural Glued Laminated Timber--ANSI/AITC 
A190.1-1992.
    Construction and Industrial Plywood (With Typical APA Trademarks)--
PS 1-95.
    APA Design/Construction Guide, Residential and Commercial--APA E30-
P-1996.
    Design Specifications for Metal Plate and Wood Connected Trusses--
TPI-85.
    Design and Fabrication of All-Plywood Beams--APA H-815E (PDS 
Supplement #5), 1995.
    Panel Design Specification--APA D410A, 2004.
    Design and Fabrication of Glued Plywood-Lumber Beams, Supplement# 
2--APA S 812R, 1992 (incorporated by reference, see Sec. 3280.4).
    Design and Fabrication of Plywood Curved Panels--APA-S 811M, Suppl. 
1, 1990.
    Design and Fabrication of Plywood Sandwich Panels, Supplement #4--
APA U 814H, 1990 (incorporated by reference, see Sec. 3280.4).
    Performance Standard for Wood-Based Structural Use Panels--NIST PS 
2-04, 2004 (incorporated by reference, see Sec. 3280.4).
    Design and Fabrication of Plywood Stressed-Skin Panels, Supplement 
3--APA-U 813L, 1992 (incorporated by reference, see Sec. 3280.4).
    National Design Specifications for Wood Construction, 2001 Edition, 
with Supplement, Design Values for Wood Construction, NDS-2001, ANSI/
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 1992, AFPA.
    Particleboard--ANSI A208.1-1999.
    Voluntary Specifications for Aluminum, Vinyl (PVC) and Wood Windows 
and Glass Doors--ANSI/AAMA/NWWDA 101/I.S.2-97.
    Standard Test Methods for Puncture and Stiffness of Paperboard, and 
Corrugated and Solid Fiberboard--ASTM D781, 1973.
    Standard Test Methods for Direct Moisture Content Measurement of 
Wood and Wood-Base Materials--ASTM D 4442-92 (Re-approved 1997), 1997.
    Standard Test Methods for Use and Calibration of Hand-Held Moisture 
Meters--ASTM D4444, 1992.
    Engineered Wood Construction Guide--APA E30R 2001 (incorporated by 
reference, see Sec. 3280.4).
    Medium Density Fiberboard (MDF) For Interior Applications--ANSI 
A208.2-2002 (incorporated by reference, see Sec. 3280.4).

                                  Other

    Standard Specification for Gypsum Wallboard--ASTM C 36/C 36M-99, 
1999.

                                Fasteners

    National Evaluation Report, Power Driven Staples, Nails, and Allied 
Fasteners for Use in All Types of Building Construction--NER-272, 1997.

                              Unclassified

    Minimum Design Loads for Buildings and Other Structures--ASCE 7-
1988.
    Standard for Safety Glazing Materials used in Buildings--Safety 
Performance Specifications and Methods of Test, ANSI Z97.1-2004 
(incorporated by reference, see Sec. 3280.4).

    (2) Materials and methods of construction utilized in the design and

[[Page 56]]

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; 70 FR 72043, Nov. 30, 2005; 
78 FR 73982, Dec. 9, 2013]



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 must be designed 
for horizontal wind loads of not less than 15 psf and a net uplift roof 
load of not less than 9 psf. The net uplift roof load must not be 
reduced by the dead load of the roof structure for the purposes of 
engineering design or structural load testing.
    (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:
    (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

[[Page 57]]

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 Drag \1 2\:..........     \3\ 39 PSF     \3\ 47 PSF
    Uplift \4\:.........................     \5\ ^27 PSF         ^32 PSF
Main wind force resisting system:
    Shearwalls, Diaphragms and their             39 PSF         47 PSF
     Fastening and Anchorage Systems \1
     2\.................................
    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 end       \5\ ^73 PSF     \5\ ^89 PSF
         (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 of           48 PSF         58 PSF
         the sidewall and endwall.......
        All other areas.................         38 PSF        46 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.

    (iii) One-piece metal roofing capable of resisting the design wind 
pressures for ``Components and Cladding: (Exterior roof coverings)'' in 
the Table for Design Wind Pressures in this section is allowed to be 
used without structural sheathing, provided the metal roofing is tested 
using procedures that have been approved by HUD and that meet all 
requirements of Secs. 3280.303(c) and (g) and 3280.401.
    (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.

[[Page 58]]

    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, 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 wind 
mapping data or records or the requirements of the State or local 
authority indicate wind speeds in excess of those identified in this 
section, the Department may establish, through rulemaking, more 
stringent requirements for manufactured homes to be installed in such 
areas.
    (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
------------------------------------------------------------------------

    (A) North Roof Load Zone. The following counties in each of the 
following states are deemed to be within the North Roof Load Zone:

    Maine--Aroostook, Piscataquis, Somerset, Penobscot, Waldo, Knox, 
Hancock, and Washington.
    Alaska--All Counties

    (B) Middle Roof Load Zone. The following counties in each of the 
following states are deemed to be within the Middle Roof Load Zone:

----------------------------------------------------------------------------------------------------------------
                     States                          Counties
----------------------------------------------------------------------------------------------------------------
South Dakota...................................  Grant            Brookings       Hanson          Lincoln
                                                 Codington        Miner           Minnehaha       Yankton
                                                 Deuel            Lake            Hutchinson      Union
                                                 Hamlin           Moody           Turner          Clay
                                                 Kingsbury        McCook
----------------------------------------------------------------------------------------------------------------
Minnesota......................................  Koochiching      Stearns         Renville        Sibley
                                                 Itasca           Swift           McLeod          Nicollet
                                                 Hubbard          Kandiyohi       Carver          Blue Earth
                                                 Cass             Meeker          Dakota          Martin
                                                 Crow Wing        Wright          Goodhue         Watonwan
                                                 Aitkin           Lac qui Parle   Wabasha         Brown
                                                 St. Louis        Chippewa        Winona          Redwood
                                                 Lake             Yellow          Fillmore        Lyon
                                                                   Medicine
                                                 Cook             Mille Lacs      Mower           Lincoln

[[Page 59]]

 
                                                 Carlton          Kanabec         Olmsted         Pipestone
                                                 Pine             Benton          Dodge           Murray
                                                 Wadena           Isanti          Rice            Cottonwood
                                                 Todd             Sherburne       Steele          Jackson
                                                 Morrison         Anoka           Freeborn        Nobles
                                                 Douglas          Chisapo         Faribault       Rock
                                                 Grant            Washington      Waseca
                                                 Stevens          Hennepin        Le Sueur
                                                 Pope             Ramsey          Scott
----------------------------------------------------------------------------------------------------------------
Iowa...........................................  Hancock          Mitchell        Hamilton        Buena Vista
                                                 Lyon             Howard          Webster         Cherokee
                                                 Osceola          Chickasaw       Calhoun         Plymouth
                                                 Dickinson        Butler          Sac             Sioux
                                                 Emmet            Floyd           Ida             O'Brien
                                                 Kossuth          Cerro Gordo     Humboldt        Clay
                                                 Winnebago        Franklin        Pocahontas      Wright
                                                 Worth            Hardin          Palo Alto
----------------------------------------------------------------------------------------------------------------
Wisconsin......................................  Douglas          Oconto          Pepin           Lincoln
                                                 Bayfield         Menominee       Pierce          Oneida
                                                 Ashland          Langlade        Dunn            Polk
                                                 Iron             Marathon        Eau Claire      Burnett
                                                 Vilas            Clark           Chippewa        Washburn
                                                 Forest           Jackson         Rusk            Sawyer
                                                 Florence         Trempealeau     Barron          Price
                                                 Marinette        Buffalo         Taylor          Door
                                                 St. Croix
----------------------------------------------------------------------------------------------------------------
Michigan.......................................  Houghton         Iron            Presque Isle    Wexford
                                                 Baraga           Dickinson       Charlevoix      Benzie
                                                 Marquette        Menominee       Montmorency     Grand Traverse
                                                 Alger            Delta           Alpena          Kalkaska
                                                 Luce             Schoolcraft     Alcona          Oscoda
                                                 Chippewa         Mackinac        Ogemaw          Otsego
                                                 Keweenaw         Cheyboygan      Roscommon       Leelanau
                                                 Ontonagon        Emmet           Missaukee       Antrim
                                                 Gogebic          Crawford
----------------------------------------------------------------------------------------------------------------
New York.......................................  St. Lawrence     Herkimer        Onondaga        Genesee
                                                 Franklin         Lewis           Madison         Orleans
                                                 Clinton          Oswego          Cayuga          Niagara
                                                 Essex            Jefferson       Seneca          Erie
                                                 Hamilton         Oneida          Wayne           Wyoming
                                                 Warren           Fulton          Ontario         Monroe
                                                 Saratoga         Montgomery      Yates
                                                 Washington       Schenectady     Livingston
----------------------------------------------------------------------------------------------------------------
Massachusetts..................................  Essex
----------------------------------------------------------------------------------------------------------------
Maine..........................................  Franklin         Kennebec        Lincoln         Cumberland
                                                 Oxford           Androscoggin    Sagadahoc       York
----------------------------------------------------------------------------------------------------------------
Montana........................................  All Counties
----------------------------------------------------------------------------------------------------------------
Idaho..........................................  All Counties
----------------------------------------------------------------------------------------------------------------
Colorado.......................................  All Counties
----------------------------------------------------------------------------------------------------------------
Wyoming........................................  All Counties
----------------------------------------------------------------------------------------------------------------
Utah...........................................  All Counties
----------------------------------------------------------------------------------------------------------------
Vermont........................................  Franklin         Orleans         Caledonia       Addison
                                                 Grand Isle       Essex           Washington      Rutland
                                                 Lamoille         Chittenden      Orange          Windsor
----------------------------------------------------------------------------------------------------------------
New Hampshire..................................  All Counties
----------------------------------------------------------------------------------------------------------------

    (C) South Roof Load Zone. The states and counties that are not 
listed for the North Roof Load Zone in paragraph

[[Page 60]]

(c)(3)(i)(A) of this section, or the Middle Roof Load Zone in paragraph 
(c)(3)(i)(B) of this section, are deemed to be within the South Roof 
Load Zone.
    (ii) Consideration of local requirements. For exposures in areas 
(mountainous or other) where recognized snow records, wind records, or 
the requirements of the State or local authority indicate significant 
differences from the loads stated in this paragraph (c)(3), the 
Department may establish, through rulemaking, more stringent 
requirements for manufactured homes to be installed in such areas. For 
snow loads, such requirements must 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.
    (iv) Skylights must be capable of withstanding roof loads as 
specified in paragraphs (c)(3)(i) or (c)(3)(ii) of this section. 
Skylights must be listed and tested in accordance with AAMA 1600/I.S.7-
00, 2003, Voluntary Specification for Skylights.
    (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 61]]

[GRAPHIC] [TIFF OMITTED] TR14JA94.000


[[Page 62]]


[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 63]]


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  Lc)/180, 
where Lc is the measured horizontal eave projection from the wall.
    (e) Fastening of structural systems. (1) Roof framing must 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 in order to resist wind overturning, uplift, and 
sliding, and to provide continuous load paths for these forces to the 
foundation or anchorage system. The number and type of fasteners used 
must be capable of transferring all forces between elements being 
joined.
    (2) For Wind Zone II and Wind Zone III, roof framing members must be 
securely fastened at the vertical bearing points to resist design 
overturning, uplift, and sliding forces. When engineered connectors are 
not installed, roof framing members must be secured at the vertical 
bearing points to wall framing members (studs), and wall framing members 
(studs) must be secured to floor framing members, with 0.016 inch base 
metal, minimum steel strapping or engineered connectors, or by a 
combination of 0.016 inch base metal, minimum steel strapping or 
engineered connectors, and structural-rated wall sheathing that overlaps 
the roof and floor system if substantiated by structural analysis or by 
suitable load tests. Steel strapping or engineered connectors are to be 
installed at a maximum spacing of 24 inches on center in Wind Zone II, 
and 16 inches on center in Wind Zone III. Exception: Where substantiated 
by structural analysis or suitable load tests, the 0.016 inch base metal 
minimum steel strapping or engineered connectors may be omitted at the 
roof to wall and/or wall to floor connections, when structural rated 
sheathing that overlaps the roof and wall and/or wall and floor is 
capable of resisting the applicable design wind loads.
    (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.

[[Page 64]]

    (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 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) Wood panel products used as floor or subfloor materials on the 
exterior of the home, such as in recessed entryways, must be rated for 
exterior exposure and protected from moisture by sealing or applying 
nonabsorbent overlay with water resistant adhesive.
    (4) 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.
    (5) 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.
    (6) 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.

[[Page 65]]

    (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.
    (1) [Reserved]
    (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.
    (j) Welded connections. (1) All welds must be made in accordance 
with the applicable provisions of the Specification for Structural Steel 
Buildings, Allowable Stress Design and Plastic Design, AISC-S335, 1989; 
the Specification for the Design of Cold-Formed Steel Structural 
Members, AISI, 1996; and the Specification for the Design of Cold-Formed 
Stainless Steel Structural Members, SEI/ASCE 8-02, 2002.
    (2) 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:
    (i) Drawbar and coupling mechanisms;
    (ii) Main member splices, and
    (iii) Spring hanger to main member connections.
    (k) Attics. (1) For roofs with slopes 7:12 or greater, the area of 
the attic floor that meets the ceiling-height/living-space requirements 
of these construction and safety standards must be designed to resist a 
minimum design live load of 40 pounds per square foot (psf) in 
accordance with paragraph (g) of this section.
    (2) For roofs with slopes less than 7:12 that contain an attic area 
or for portions of roofs with slopes 7:12 or greater that do meet the 
ceiling height/living space requirements of the standards, the attic 
floor must be designed for a storage live load of 20 pounds per square 
foot (psf).

[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; 70 FR 72043, Nov. 30, 2005; 
71 FR 19638, Apr. 17, 2006; 78 FR 73983, Dec. 9, 2013; 80 FR 53727, 
Sept. 8, 2015]



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.

[[Page 66]]

    (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 must provide 
printed instructions with each manufactured home that specify the 
location and required capacity of stabilizing devices on which the 
home's design is based. The manufacturer must identify by paint, label, 
decal stencil, or other means: the location of each column support pier 
location required along the marriage line(s) of multi-section 
manufactured homes; each pier location required along the perimeter of 
the home; each required shear wall pier support; and any other special 
pier support locations specified in the manufacturer's printed 
instructions. Such identifications must be visible after the home is 
installed. The manufacturer must provide drawings and specifications, 
certified by a registered professional engineer or architect, that 
indicate at least one acceptable system of anchoring, including the 
details or 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 are to be embedded below the frost line, 
unless the foundation system is frost-protected in accordance with 
Secs. 3285.312(b) and 3285.404 of the Model Manufactured Home 
Installation Standards in this chapter.
    (iv) That ground anchors must be installed to their full depth, and 
stabilizer plates must be installed in accordance with the ground anchor 
listing or certification to provide required resistance to overturning 
and sliding.
    (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 D3953-97, Standard 
Specification for Strapping, Flat Steel and Seals (incorporated by 
reference, see Sec. 3280.4).
    (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

[[Page 67]]

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 D3953-97, Standard 
Specification for Strapping, Flat Steel and Seals (incorporated by 
reference, see Sec. 3280.4).

[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; 70 
FR 72045, Nov. 30, 2005; 72 FR 59362, Oct. 19, 2007; 78 FR 73983, Dec. 
9, 2013]



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.
    (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

[[Page 68]]

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 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

[[Page 69]]

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]



                            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 must 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 must 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) that is greater than the 
limits set in Sec. 3280.305(d), rupture, fracture, or excessive 
yielding. Design live load deflection criteria do not apply when the 
structural assembly being evaluated does not include structural framing 
members. 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 test shall be subject to a continuing 
qualification testing program acceptable to HUD.
    (b) Ultimate load tests. Ultimate load tests must be performed on a 
minimum of three assemblies or components to generally evaluate the 
structural design. Every structural assembly or component tested must 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

[[Page 70]]

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. 3280.305(d), rupture, fracture, or 
excessive yielding. Design live load deflection criteria do not apply 
when the structural assembly being evaluated does not include structural 
framing members. Assemblies to be tested shall be representative of 
average quality or 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 test shall be subject to a periodic 
qualification testing program acceptable to HUD.

[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, 
as amended at 58 FR 55007, Oct. 25, 1993; 70 FR 72045, Nov. 30, 2005]



Sec. 3280.402  Test procedures for roof trusses.

    (a) Roof load tests. This section provides the roof truss test 
procedure for vertical loading conditions. Where roof trusses act as 
support for other members, have eave or cornice projections, or support 
concentrated loads, roof trusses must also be tested for those 
conditions. These test procedures are required for new truss designs in 
all three wind zones and for existing truss designs used in Wind Zones 
II and III.
    (b) General. Trusses must be tested in a truss test fixture that 
replicates the design loads, and actual support points, and does not 
restrain horizontal movement. When tested singly or in groups of two or 
more trusses, trusses shall be mounted on supports and positioned as 
intended to be installed in the manufactured home in order to give the 
required clear span distance (L) and eave or cornice distance (Lo), if 
applicable, as specified in the design.
    (l) When trusses are tested singly, trusses shall be positioned in a 
test fixture, with supports properly located and the roof loads evenly 
applied. See Figure 3280.402(b)(1).

[[Page 71]]

[GRAPHIC] [TIFF OMITTED] TR18JA13.001

    (2) When tested in groups of two or more, the top chords are 
permitted to be sheathed with nominal 1/4-inch  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 shall be separated by at least 1/8-inch. The plywood strips shall 
be nailed with 4d nails or equivalent staples no closer than 8 inches on 
center along the top chord. The bottom chords of the adjacent trusses 
shall be permitted to be one of the following:
    (i) Unbraced; or
    (ii) Laterally braced together (not cross-braced) with 1-inch  2-
inch stripping no closer than 24 inches on center, nailed with only one 
8d nail at each truss. See Figure 3280.402(b)(2).

[[Page 72]]

[GRAPHIC] [TIFF OMITTED] TR18JA13.002

    (c) Measuring and loading methods. Deflections must be measured at 
the free end of an eave or cornice projection and at least at the truss 
mid-span and quarter points. Scissors or other unique truss 
configurations are to be measured at as many additional bottom chord 
panel points as necessary to obtain an accurate representation of the 
deflected shape of the truss so as to be able to locate and record the 
point(s) of maximum deflection. Deflections must be read and recorded 
relative to a fixed reference datum. Deflections must be read and 
recorded to the nearest 1/32-inch. Dead load must be applied to the top 
and bottom chord, and live load must be applied to the top chord through 
a suitable hydraulic, pneumatic, or mechanical system or weights to 
simulate design loads. Load unit weights for uniformly distributed top 
chord loads must be separated so that arch action does not occur and be 
spaced not more than 12 inches on center so as to simulate uniform 
loading. Bottom chord loading must be spaced as uniformly as practical. 
Truss gravity loads must be calculated based on the overall truss length 
(horizontal projection), including eave or cornice projections.
    (d) Testing procedures. Either the testing method in paragraph 
(d)(1) or (d)(2) of this section may be used, however, the testing 
method in paragraph (d)(3) of this section must be used, to test trusses 
to establish compliance with the provisions of these standards.
    (1) Proof load truss test procedure. At least three average quality/
consecutively tested trusses must pass all requirements of the test, for 
initial qualification of the truss design. All tests for initial 
qualification of the truss designs evaluated by this procedure must be 
certified by a Registered Engineer or Architect, or by a nationally 
recognized testing laboratory. An in-house quality control and follow-up 
testing program (see paragraphs (e) and (f) of this section) must be 
approved prior to entering production of any truss design evaluated by 
this procedure.
    (i) Dead load. Measure and record initial elevation of the truss or 
trusses in the test position at no load. Apply to the top and bottom 
chords of the truss dead loads that are representative of the actual 
weights of materials to be supported by the truss. However, the dead 
load may only be applied as indicated in paragraph (e)(4) of this 
section for ongoing follow-up testing. Dead loads to be applied to the 
truss test assembly are permitted to include only the weights of 
materials supported by the truss and not the weight of the truss itself. 
However, readings from load cells (when used) on which the test truss 
rests must reflect the sum of the applied load plus the weight of the 
truss. Apply dead loads and hold for 5 minutes. Measure and record the 
deflections.

[[Page 73]]

    (ii) Live load. Maintaining the dead loads, apply live load to the 
top chord in approximate \1/4\ live load increments until dead load plus 
the live load is reached. Measure and record the deflections no sooner 
than one minute after each \1/4\ live load increment has been applied 
and 5 minutes after the full live load has been reached.
    (iii) Initial recovery phase. Remove the design live load but not 
the dead load. Measure and record the deflections 5 minutes after the 
total live load has been removed.
    (iv) Continue to load the truss to:
    (A) Dead load plus 2.0 times the design live load. Maintain this 
loading for 6 hours and inspect the truss for failure. Failure is 
rupture, fracture, or excessive yielding; or
    (B) Dead load plus 1.75 times the design live load. Maintain this 
loading for 12 hours and inspect the truss for failure. Failure is 
rupture, fracture, or excessive yielding.
    (v) Final recovery phase. Remove 2.0 times the design live load, but 
not the dead load or 1.75 times the design live load, but not the dead 
load. Measure and record deflections within 4 hours after removing 2.0 
times the design live load or 1.75 times the design live load.
    (vi) Acceptance criteria. The truss design is acceptable if all of 
the following conditions are met:
    (A) The maximum deflection between no load and dead load must be L/
480 or less for simply supported clear spans and Lo/180 or less for eave 
and cornice projections; and
    (B) The maximum deflection between dead load and design live load 
must be L/180 or less for simply supported clear spans and Lo/90 or less 
for eave and cornice projections; and
    (C) After the design live load is removed, and with the dead load 
still applied, the maximum recovery deflection must be L/360 or less for 
simply supported spans and Lo/180 or less for eave and cornice 
projections; and
    (D) The truss must maintain the overload condition for 6 hours 
without rupture or fracture, or excessive yielding; and
    (E) After 2.0 times the design live load has been removed, and with 
the dead load still applied, the maximum recovery deflection must be L/
180 or less for simply supported clear spans and Lo/90 or less for eave 
and cornice projections; and
    (F) As applicable, each truss design must also meet all requirements 
for uplift loads required by paragraph (d)(3) of this section. For Wind 
Zone I uplift load requirements, see paragraph (d)(3)(i) of this 
section. For Wind Zones II and III uplift load requirements, see 
paragraph (d)(3)(ii) of this section.
    (2) Ultimate load truss test procedure. (i) At least two average 
quality/consecutively tested trusses must pass all requirements of the 
test, for initial qualification of the truss design. All tests for 
initial qualification of the truss designs evaluated by this procedure 
must be certified by a Registered Engineer or Architect, or by a 
nationally recognized testing laboratory. An in-house quality control 
and follow-up testing program (see paragraph (e) and (f) of this 
section) must be approved prior to entering production of any truss 
design evaluated by this procedure.
    (ii) Dead load. Measure and record initial elevation of the truss or 
trusses in the test position at no load. Apply to the top and bottom 
chords of the truss dead loads that are representative of the actual 
weights of materials to be supported by the truss. However, the dead 
load may only be applied as indicated in paragraph (e)(4) of this 
section for ongoing follow-up testing. Dead loads to be applied to the 
truss test assembly shall be permitted to include only the weights of 
materials supported by the truss, and not the weight of the truss 
itself. However, readings from load cells (when used) on which the test 
truss rests must reflect the sum of the applied load plus the weight of 
the truss. Apply dead loads and hold for 5 minutes. Measure and record 
the deflections.
    (iii) Live load. Maintaining the dead loads, apply live load at a 
uniform rate to the top chord in approximate \1/4\ live load increments 
until the dead load plus the live load is reached. Measure and record 
the deflections no sooner than one minute after each \1/4\ live load 
increment has been applied and 5 minutes after the full live load has 
been reached.

[[Page 74]]

    (iv) Initial recovery phase. Remove the design live load but not the 
dead load. Measure and record the deflections 5 minutes after the design 
live load has been removed.
    (v) Overload phase. After the recovery phase is completed, reapply 
the full live load to the truss assembly. Additional loading shall then 
be applied continuously until the dead load plus 2.5 times the design 
live load is reached. This overload condition must be maintained for at 
least 5 minutes.
    (vi) Final recovery phase. Remove 2.5 times the design live load but 
not the dead load. Measure and record deflections within 4 hours after 
2.5 times the design live load has been removed.
    (vii) Acceptance criteria. The truss design is acceptable if all of 
the following conditions are met:
    (A) The maximum deflection between no load and dead load must be L/
480 or less for simply supported clear spans and Lo/180 or less for eave 
and cornice projections; and
    (B) Dead load to design live load deflections shall be L/180 or less 
for simply supported clear spans and Lo/90 or less for eave and cornice 
projections; and
    (C) After the design live load is removed and with the dead load 
still applied, the maximum recovery deflection must be L/360 or less for 
simply supported spans and Lo/180 or less for eave and cornice 
projections; and
    (D) The truss shall maintain the overload condition for 5 minutes 
without rupture, fracture, or excessive yielding; and
    (E) After 2.5 times the design live load is removed, and with the 
dead load still applied, the truss must recover to at least L/180 for 
simply supported clear spans and Lo/90 for eave and cornice within 4 
hours after the total live load has been removed; and
    (F) As applicable, each truss design must also meet all requirements 
for uplift loads in Wind Zone I or Wind Zone II and III, as required by 
paragraph (d)(3) of this section. For Wind Zone I uplift load 
requirements, see paragraph (d)(3)(i) of this section. For Wind Zones II 
and III uplift load requirements, see paragraph (d)(3)(ii) of this 
section.
    (3) Uplift load tests. Each truss design must also pass all 
requirements of the uplift load test, as applicable, in paragraph 
(d)(3)(i) or (d)(3)(ii) and paragraphs (d)(3)(iii) and (d)(3)(iv) of 
this section.
    (i) Wind Zone I uplift load test. Where there are engineered 
connectors between the top chord and web members of the truss, such as 
metal connector plates or wood gussets or their equivalents, uplift 
testing in Wind Zone I is at the discretion of the Registered Engineer 
or Architect or nationally recognized testing laboratory certifying the 
truss design. When testing is deemed necessary by the Registered 
Engineer or Architect or nationally recognized testing laboratory 
certifying the truss design, a minimum of one average quality uplift 
load test is to be conducted for each such truss design and must pass 
all requirements of the test for initial qualification of the truss 
design. The net uplift load for trusses designed for use in Wind Zone I 
is 9 psf for the clear span of the truss and 22.5 psf for eave or 
cornice projections.
    (ii) Wind Zones II and III uplift loads test. This test is required 
for all trusses designed for use in Wind Zones II and III. A minimum of 
three average quality/consecutive uplift load tests are to be conducted 
for each truss design when tested in the inverted position and a minimum 
of two average quality/consecutive uplift load tests are to be conducted 
for trusses in the upright position. The trusses must pass all 
requirements of the test for initial qualification of the truss design. 
The uplift load for trusses designed to be used in Wind Zones II and III 
for the clear span or eave cornice projections is to be determined by 
subtracting the dead load applied to the truss from the uplift load 
provided in the Table of Design Wind Pressures in 
Sec. 3280.305(c)(1)(ii)(B).
    (iii) Trusses designed for use in Wind Zone I, when tested (see 
paragraph (d)(3)(i) of this section), must be tested in either the 
inverted position to 2.5 times the net wind uplift load or in the 
upright position to 1.75 times the net wind uplift load. Trusses 
designed for use in Wind Zones II and III (see paragraph (d)(3)(ii) of 
this section) must be tested to 2.0 times the uplift load

[[Page 75]]

minus the dead load in the inverted position and to 1.75 times the 
uplift load minus the dead load in the upright position. See Figure 
3280.402(b)(3).
    (iv) The following describes how to conduct the uplift test with the 
truss in the upright position. Similar procedures must be used if 
conducting the test in the inverted position.
    (A) Place the truss in the test fixture and position as it is 
intended to be installed in the manufactured home. See Figure 
3280.402(b)(3).
[GRAPHIC] [TIFF OMITTED] TR18JA13.003

    (B) Position the load measurement devices to register the wind 
uplift loads that will be applied to the top chord of the truss. The 
uplift loads shall be applied through tension devices not wider than one 
inch and spaced not greater than approximately 12 inches on center and 
shall be applied as uniform as possible, so as to simulate uniform 
loading. Gravity and wind uplift load tests may be performed on the same 
truss in this single setup mode. For the wind uplift test, it is 
permissible to stabilize the bottom chord of the truss in the test 
fixture to simulate ceiling materials or purlin supports. Measure and 
record the initial elevation of the bottom chord of the truss in the 
test position at the mid-span and quarter points of the truss, and at 
the free end of an eave or cornice projection greater than 12 inches. 
Scissors or other unique truss configurations are to be measured at as 
many additional bottom chord panel points as necessary to obtain an 
accurate representation of the deflected shape of the truss, so as to be 
able to locate and record the point(s) of maximum deflection. Eave or 
cornice projection loads are applied separately for eaves or cornice 
projections greater than 12 inches. For eave or cornice projections 
greater than 12 inches, the additional required load must be applied to 
the eave simultaneously with the main body load. For eave or cornice

[[Page 76]]

projections of 12 inches or less, add the additional required load to 
the main body load and apply it to the entire top chord.
    (C) Measure and record the deflection 5 minutes after the net uplift 
load has been applied. Design load deflection shall be L/180 or less for 
a simply supported clear span and Lo/90 or less for eave or cornice 
projections.
    (D) For trusses tested in the upright position, continue to load the 
truss to 1.75 times the net uplift load in paragraph (d)(3)(i) of this 
section for Wind Zone I and 1.75 times the uplift load in paragraph 
(d)(3)(ii) for Wind Zones II and III, and maintain the load for one 
minute. For trusses tested in the inverted position, continue to load 
the truss to 2.50 times the net uplift load in paragraph (d)(3)(i) for 
Wind Zone I and to 2.0 times the uplift load minus the dead load in 
paragraph (d)(3)(ii) for Wind Zones II and III, and maintain the full 
load for one minute. Regardless of the test position of the truss, 
upright or inverted, trusses must maintain the overload for the 
specified time period without rupture, fracture, or excessive yielding.
    (e) Follow-up testing. Follow-up testing procedures must include the 
following:
    (1) All trusses qualifying under these test procedures must be 
subject to a quality control and follow-up testing program.
    (i) Manufacturers of listed or labeled trusses must follow an in-
house quality control program with follow-up testing approved by a 
nationally recognized testing program as specified in paragraph (e)(3) 
of this section. The in-house quality control program must include, at a 
minimum, procedures for quality of materials including, but not limited 
to, grade(s) of materials, allowable splits, knots, and other applicable 
lumber qualities; workmanship including, but not limited to, plate 
placement and embedment tolerances; other manufacturing tolerances; 
description and calibration of test equipment; truss retesting criteria; 
and procedures in the event of noncomplying results.
    (ii) Those home manufacturers producing trusses for their own use, 
and which are not listed or labeled, must have an in-house quality 
control program (see paragraph (i) of this section) that includes 
follow-up testing, as specified in this section, and is approved by 
their Design Approval Primary Inspection Agency (DAPIA).
    (2) Truss designs that are qualified but not in production are not 
subject to follow-up testing until produced. When the truss design is 
brought into production, a follow-up test is to be performed if the 
truss design has been out of production for more than 6 months.
    (3) The frequency of truss manufacturer's quality control follow-up 
testing for trusses must be at least:
    (i) One test for the first 100 trusses produced, with a subsequent 
test for every 2,500 trusses for trusses qualified under the proof load 
truss test procedure or inverted uplift test procedure for trusses used 
in Wind Zones II and III or once every 6 months, whichever is more 
frequent, for every truss design produced; or
    (ii) One test for every 4,000 trusses produced for trusses qualified 
under the ultimate load truss test procedure or upright uplift test 
procedure for trusses used in Wind Zones II and III or once every 6 
months, whichever is more frequent, for every truss design produced.
    (4) For follow-up testing only, the full dead load may be applied to 
the top chord of the truss, when the bottom chord dead load is 5 psf or 
less.

[78 FR 4065, Jan. 18, 2013]



Sec. 3280.403  Requirements for windows, sliding glass doors, and
skylights.

    (a) Scope. This section establishes the requirements for prime 
windows and sliding glass doors, except that windows used in an entry 
door are components of the door and are excluded from these 
requirements.
    (b)(1) Standard. All primary windows and sliding glass doors shall 
comply with AAMA 1701.2-95, Voluntary Standard Primary Window and 
Sliding Glass Door for Utilization in Manufactured Housing, except the 
exterior and interior pressure tests must be conducted at the design 
wind loads required for components and cladding specified in 
Sec. 3280.305(c)(1).
    (2) All skylights must comply with AAMA/WDMA/CSA/101/I.S.2/A440-08:

[[Page 77]]

North American Fenestration Standard/Specifications for Windows, Doors 
and Skylights (incorporated by reference, see Sec. 3280.4). Skylights 
must withstand the roof loads for the applicable Roof Load Zone 
specified in Sec. 3280.305(c)(3), and the following wind loads:
    (i) For Wind Zone I, the wind loads specified in 
Sec. 3280.305(c)(1)(i); and
    (ii) For Wind Zones II and III, the wind loads specified for 
exterior roof coverings, sheathing, and fastenings in 
Sec. 3280.305(c)(1)(ii).
    (c) Installation. All primary windows, sliding glass doors, and 
skylights must be installed in a manner that allows proper operation and 
provides protection against the elements, as required by Sec. 3280.307.
    (d) Glass. (1) Safety glazing materials, where used shall meet 
Standard for Safety Glazing Materials used in Buildings--Safety 
Performance Specifications and Methods of Test, ANSI Z97.1-2004 
(incorporated by reference, see Sec. 3280.4).
    (2) Sealed insulating glass, where used, must meet all performance 
requirements for Class C in accordance with ASTM E 774-97, Standard 
Specification for the Classification of the Durability of Sealed 
Insulating Glass Units. The sealing system must be qualified in 
accordance with ASTM E 773-97, Standard Test Methods for Accelerated 
Weathering of Sealed Insulating Glass Units. Each glass unit must 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 must be certified as complying with AAMA 
1701.2-95. 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 must show evidence of certification 
by affixing a quality certification label to the product in accordance 
with ANSI Z34.1-1993, Third-Party Certification Programs for Products, 
Processes, and Services.
    (2) In determining certifiability of the products, an independent 
quality assurance agency shall conduct pre-production specimen tests in 
accordance with AAMA 1701.2-95. Further, such agency must inspect the 
product manufacturer's facility at least twice per year.
    (3) All skylights installed in manufactured homes must be certified 
as complying with AAMA/WDMA/CSA 101/I.S.2/A440-08: North American 
Fenestration Standard/Specifications for Windows, Doors, and Skylights 
(incorporated by reference, see Sec. 3280.4). This certification must be 
based on applicable loads specified in paragraph (b) of this section.
    (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; 70 FR 72046, Nov. 
30, 2005; 78 FR 73983, Dec. 9, 2013]

[[Page 78]]



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 1701.2-95, Voluntary 
Standard Primary Window and Sliding Glass Door for Utilization in 
Manufactured Housing and AAMA Standard 1704-1985, Voluntary Standard 
Egress Window Systems for Utilization in Manufactured Housing, except 
the exterior and interior pressure tests for components and cladding 
must 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 
must be made at the manufactured home factory. All egress windows and 
devices must be capable of being opened to the minimum required 
dimensions by normal operation of the window without binding or 
requiring the use of tools. Any window or device failing this check must 
be repaired or replaced. A repaired window must conform to its 
certification. Any repaired or replaced window or device must pass the 
operational check.
    (3) Windows that require the removal of the sash to meet egress size 
requirements are prohibited.
    (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; 70 
FR 72046, Nov. 30, 2005; 78 FR 73983, Dec. 9, 2013]



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 must meet all requirements of AAMA 1702.2-95, 
Voluntary Standard Swinging Exterior Passage Door 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

[[Page 79]]

this section. 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 must be certified as complying with AAMA 1702.2-95, 
Voluntary Standard Swinging Exterior Passage Door for Utilization in 
Manufactured Housing.
    (1) All such doors must show evidence of certification by affixing a 
quality certification label to the product in accordance with ANSI 
Z34.1-1993, Third Party Certification Programs for Products, Processes, 
and Services.
    (2) In determining certifiability of the products, an independent 
quality assurance agency must conduct a pre-production specimen test in 
accordance with AAMA 1702.2-95, Voluntary Standard Swinging Exterior 
Passage Door for Utilization in Manufactured Housing.
    (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 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; 70 FR 72046, Nov. 
30, 2005]



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 bottom of the stack.
    (b) Testing. Testing must 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 
1333-96, 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 
plus or minus 2 F.
    (4) The test concentration (C) shall be standardized to a level 
(CO) at a temperature (tO) of 77 F and 50% 
relative humidity (HO) by the following formula:

C = CO  [1 + Ax (H ^ HO)]  
e-R(1 / t - 1 / tO)

where:


[[Page 80]]


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; 70 
FR 72046, Nov. 30, 2005]



                      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 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 must have a vapor retarder with a permeance of not greater 
than 1 perm (as measured by ASTM E 96-95 Standard Test Methods for Water 
Vapor Transmission of Materials) (incorporated by reference, see 
Sec. 3280.4) 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 must have a vapor retarder 
with a permeance no greater than 1 perm (dry cup method) installed on 
the living space side of the wall; or
    (2) Unventilated wall cavities must have an external covering and/or 
sheathing that forms the pressure envelope. The covering and/or 
sheathing must have a combined permeance of not less than 5.0 perms. In 
the absence of test data, combined permeance is permitted to be computed 
using the following formula: P total = (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, 
are not considered to restrict water vapor transmission; or
    (3) Wall cavities must be constructed so that ventilation is 
provided to dissipate any condensation occurring in these cavities; or
    (4) Homes manufactured to be sited in ``humid climates'' or ``fringe 
climates'' as shown on the Humid and Fringe Climate Map in this 
paragraph are permitted to have a vapor retarder specified in paragraph 
(b)(1) of this section installed on the exterior side of the wall 
insulation or be constructed with an external covering and sheathing 
with a combined permeance of not greater than 1.0 perms, provided the 
interior finish and interior wall panel materials have a combined 
permeance of not less than 5.0 perms. The following need not meet the 
minimum combined permeance rating of not less than 5.0 perms for 
interior finish or wall panel materials:

[[Page 81]]

    (i) Kitchen back splash materials, less than 50 square feet in area 
installed around countertops, sinks, and ranges;
    (ii) Bathroom tub areas, shower compartments;
    (iii) Cabinetry and built-in furniture;
    (iv) Trim materials;
    (v) Hardboard wall paneling of less than 50 square feet in area 
under chair rails.
[GRAPHIC] [TIFF OMITTED] TR30NO05.067

    (5) The following areas of local governments (counties or similar 
areas, unless otherwise specified), listed by state are deemed to be 
within the humid and fringe climate areas shown on the Humid and Fringe 
Climate Map in paragraph (b)(4) of this section, and the vapor retarder 
or construction methods specified in paragraph (b)(4) of this section 
may be applied to homes built to be sited within these jurisdictions:

                                 Alabama

    Baldwin, Barbour, Bullock, Butler, Choctaw, Clarke, Coffee, Conecuh, 
Covington, Crenshaw, Dale, Escambia, Geneva, Henry, Houston, Lowndes, 
Marengo, Mobile, Monroe, Montgomery, Pike, Washington, Wilcox.

                                 Florida

    All counties and locations within the State of Florida.

                                 Georgia

    Appling, Atkinson, Bacon, Baker, Ben Hill, Berrien, Brantley, 
Brooks, Bryan, Calhoun, Camden, Charlton, Chatham, Clay, Clinch, Coffee, 
Colquitt, Cook, Crisp, Decatur, Dougherty, Early, Echols, Effingham, 
Evans, Glynn, Wayne, Grady, Irwin, Jeff Davis, Lanier, Lee, Liberty, 
Long, Lowndes, McIntosh, Miller, Mitchell, Pierce, Quitman, Randolph, 
Seminole, Tattnall, Terrell, Thomas, Tift, Turner, Ware, Worth.

                                 Hawaii

    All counties and locations within the State of Hawaii.

                                Louisiana

    All counties and locations within the State of Louisiana.

                               Mississippi

    Adams, Amite, Claiborne, Clarke, Copiah, Covington, Forrest, 
Franklin, George, Greene, Hancock, Harrison, Hinds,

[[Page 82]]

Issaquena, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Lamar, 
Lawrence, Lincoln, Marion, Pearl River, Perry, Pike, Rankin, Simpson, 
Smith, Stone, Walthall, Warren, Wayne, Wilkinson.

                             North Carolina

    Brunswick, Carteret, Columbus, New Hanover, Onslow, Pender.

                             South Carolina

    Jasper, Beaufort, Colleton, Dorchester, Charleston, Berkeley, 
Georgetown, Horry.

                                  Texas

    Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bexar, 
Brazoria, Brazos, Brooks, Burleson, Caldwell, Calhoun, Cameron, Camp, 
Cass, Chambers, Cherokee, Colorado, Comal, De Witt, Dimmit, Duval, 
Falls, Fayette, Fort Bend, Franklin, Freestone, Frio, Galveston, Goliad, 
Gonzales, Gregg, Grimes, Guadalupe, Hardin, Harris, Harrison, Hays, 
Henderson, Hidalgo, Hopkins, Houston, Jackson, Jasper, Jefferson, Jim 
Hogg, Jim Wells, Karnes, Kaufman, Kennedy, Kinney, Kleberg, La Salle, 
Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Madison, Marion, 
Matagorda, Maverick, McMullen, Medina, Milam, Montgomery, Morris, 
Nacogdoches, Navarro, Newton, Nueces, Orange, Panola, Polk, Rains, 
Refugio, Robertson, Rusk, Sabine, San Augustine, San Jacinto, San 
Patricio, Shelby, Smith, Starr, Titus, Travis, Trinity, Tyler, Upshur, 
Uvalde, Val Verde, Van Zandt, Victoria, Walker, Waller, Washington, 
Webb, Wharton, Willacy, Williamson, Wilson, Wood, Zapata, Zavala.

    (c) Liquid applied vapor retarders. Each liquid applied vapor 
retarder must be tested by a nationally recognized testing agency for 
use on the specific substrate to which it is applied. The test report 
must include the perm rating, as measured by ASTM E 96-95, Standard Test 
Methods for Water Vapor Transmission of Materials, and associated 
application rate for each specific substrate.
    (d) 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; 70 FR 72046, Nov. 30, 2005; 71 
FR 19639, Apr. 17, 2006; 78 FR 73984, Dec. 9, 2013]



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 health and comfort and within the limits 
of reasonable economics.

[[Page 83]]

    (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 84]]

[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 85]]

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 must be taken from the 1997 ASHRAE Handbook of 
Fundamentals, Inch-Pound Edition, chapters 22 through 27. The following 
portions of those chapters are not applicable:

23.1  Steel Frame Construction
23.2  Masonry Construction
23.3  Foundations and Floor Systems
23.15  Pipes
23.17  Tanks, Vessels, and Equipment
23.18  Refrigerated Rooms and Buildings
24.18  Mechanical and Industrial Systems
25.19  Commercial Building Envelope Leakage
27.9  Calculation of Heat Loss from Crawl Spaces

    (b) The calculation of the manufactured home's transmission heat 
loss coefficient (Uo) must be in accordance with the fundamental 
principles of the 1997 ASHRAE Handbook of Fundamentals, Inch-Pound 
Edition, and, at a minimum, must 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  [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

[[Page 86]]

          efficiency measured by the Seasonal Energy Efficiency Ratio 
          (SEER) above that required by NAECA.
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 (e.g., windows, skylights, and the 
glazed portions of any door) must be based on tests using AAMA 1503.1-
1988, Voluntary Test Method for Thermal Transmittance and Condensation 
Resistance of Windows, Doors, and Glazed Wall Sections, or the National 
Fenestration Rating Council 100, 1997 Edition, Procedure for Determining 
Fenestration Product U-factors. In the absence of tests, manufacturers 
are to use the residential window U values contained in Chapter 29, 
Table 5 of the 1997 ASHRAE Handbook of Fundamentals, Inch-Pound Edition. 
In the event that the classification of the window type is 
indeterminate, the manufacturer must use the classification that gives 
the higher U value. Where a composite of materials from two different 
product types is used, the product is to be assigned the higher U value. 
For the purpose of calculating Uo values, storm windows are 
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, as amended at 70 FR 72047, Nov. 30, 2005]



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 and loose-fill insulation in sloping cavities must 
have its nominal R-values reduced in compressed areas in accordance with 
the following table:

Table to Paragraph (c)--Effect of Insulation Compression and Restriction
                               on R-Values
------------------------------------------------------------------------
                                            Non-uniform
                                                (a)
                                            restriction     Uniform (b)
         Original thickness (%)          ----------------   compression
                                           Batt    Blown     batt (%)
                                            (%)     (%)
------------------------------------------------------------------------
0.......................................      20      15               0
1.......................................      26      21               1
2.......................................      32      25               2
3.......................................      36      28               4
4.......................................      38      30               5
5.......................................      41      32               7
6.......................................      43      33               8
7.......................................      45      35              10
8.......................................      46      36              11
9.......................................      48      38              13
10......................................      49      39              14
11......................................      51      40              15
12......................................      52      42              17
13......................................      53      43              18
14......................................      54      44              20
15......................................      55      45              21
16......................................      57      46              22
17......................................      58      47              24
18......................................      59      48              25
19......................................      59      49              26

[[Page 87]]

 
20......................................      60      50              28
21......................................      61      51              29
22......................................      62      52              30
23......................................      63      52              31
24......................................      64      53              33
25......................................      65      54              34
26......................................      65      55              35
27......................................      66      56              36
28......................................      67      57              37
29......................................      68      57              39
30......................................      68      58              40
31......................................      69      59              41
32......................................      70      60              42
33......................................      70      60              43
34......................................      71      61              44
35......................................      72      62              45
36......................................      72      63              47
37......................................      73      63              48
38......................................      74      64              49
39......................................      74      65              50
40......................................      75      65              51
41......................................      75      66              52
42......................................      76      67              53
43......................................      76      68              54
44......................................      77      68              55
45......................................      78      69              56
46......................................      78      70              57
47......................................      79      70              58
48......................................      79      71              59
49......................................      80      71              60
50......................................      80      72              61
51......................................      81      73              62
52......................................      81      73              63
53......................................      82      74              64
54......................................      82      75              65
55......................................      83      75              65
56......................................      83      76              66
57......................................      84      76              67
58......................................      84      77              68
59......................................      84      78              69
60......................................      85      78              70
61......................................      85      79              71
62......................................      86      79              72
63......................................      86      80              73
64......................................      87      81              74
65......................................      87      81              74
66......................................      88      82              75
67......................................      88      82              76
68......................................      88      83              77
69......................................      89      84              78
70......................................      89      84              78
71......................................      90      85              79
72......................................      90      85              80
73......................................      90      86              81
74......................................      91      86              82
75......................................      91      87              82
76......................................      92      87              83
77......................................      92      88              84
78......................................      92      89              85
79......................................      93      89              85
80......................................      93      90              86
81......................................      93      90              87
82......................................      94      91              88
83......................................      94      91              88
84......................................      95      92              89
85......................................      95      92              90
86......................................      95      93              91
87......................................      96      93              91
88......................................      96      94              92
89......................................      96      94              93
90......................................      97      95              93
91......................................      97      95              94
92......................................      97      96              95
93......................................      98      96              95
94......................................      98      97              96
95......................................      98      97              97
96......................................      99      98              97
97......................................      99      98              98
98......................................      99      99              99
99......................................     100      99              99
100.....................................     100     100             100
------------------------------------------------------------------------
 Note: To use this table, first compute the restricted insulation
  thickness as a fraction of the uncompressed (full) insulation
  thickness. Then look up the R-value remaining from the appropriate
  column (Non-uniform Restriction, Batt Non-uniform Restriction, Blown
  or Uniform Compression, Batt). Example: Assume a section of loose-fill
  ceiling insulation went from R-25 insulation at a height of 10 inches
  to a minimum height of 2 inches at the edge of the ceiling. The ratio
  of minimum to full thickness is 0.20 (2 divided by 10). Look up 0.20
  (20 percent), read across to column 3 (Non-uniform Restriction,
  Blown), and read 50 percent. Therefore, the R-value of the loose-fill
  insulation over the restricted area would be R-12.5 (50 percent of
  25).
(a) Non-uniform restriction is that which occurs between non-parallel
  planes, such as in the ceiling near the eaves.
(b) Uniform compression is compression between parallel planes, such as
  that which occurs in a wall.

    (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

[[Page 88]]

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.

[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, 
as amended at 78 FR 73984, Dec. 9, 2013]



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 
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 
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 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.
    (d) The following additional statement must be provided on the 
heating certificate and data plate required by Sec. 3280.5 when the home 
is built with a vapor retarder of not greater than one perm (dry cup 
method) on the exterior side of the insulation: ``This home is designed 
and constructed to be sited only in humid or fringe climate regions as 
shown on the Humid and Fringe Climate Map.'' A reproduction of the Humid 
and Fringe Climate Map in Sec. 3280.504 is to be provided on the heating 
certificate and data plate. The map must be not less than 3\1/2\ inch  
2\1/4\ inch in size and may be combined with the Uo Value 
Zone Map for Manufactured Housing in Sec. 3280.506.

[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, 
as amended at 58 FR 55011, Oct. 25, 1993; 70 FR 72048, Nov. 30, 2005]



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

[[Page 89]]

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 F indoor temperature 
and an outdoor temperature of _ F dry bulb and _ 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 F when outdoor temperatures are _ F dry bulb and _ 
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 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

[[Page 90]]

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.
    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.

[[Page 91]]

    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.
    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.
    Mechanical trap vent device means a device that 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 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.
    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.

[[Page 92]]

    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 vertical 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.
    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; 78 FR 73984, Dec. 9, 2013]



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. Each water closet must not use more than 1.6 
gallons of water per flush.
    (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.

[[Page 93]]

    (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 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 the installation instructions required by 
Sec. 3280.306(b), stating that if the heat tape or pipe heating cable is 
used, it must be listed for use with manufactured homes.
    (iii) A receptacle outlet complying with Sec. 3280.806(d)(10).
    (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; 78 FR 73985, Dec. 9, 2013]



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

[[Page 94]]

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 must be certified as non-toxic in 
accordance with ANSI/NSF 61-2001, Drinking water system components--
Health effects.

                        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 B88-93.
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 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.
    Standard Specification for Crosslinked Polyethylene (PEX) Tubing--
ASTM F876-10 (incorporated by reference, see Sec. 3280.4).
    Standard Specification for Crosslinked Polyethylene (PEX) Plastic 
Hot- and Cold-Water Distribution Systems--ASTM F877-07 (incorporated by 
reference, see Sec. 3280.4).

                              Miscellaneous

    Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe 
and Fittings, ASTM C564-97 (incorporated by reference, see Sec. 3280.4).
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 for Hot Water Supply Systems, ANSI Z21.22-1999 
(incorporated by reference, see Sec. 3280.4).
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.

[[Page 95]]

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.
Performance Requirements for Air Admittance Valves for Plumbing Drainage 
Systems, Fixture and Branch Devices--ASSE Standard #1051, 1990 Revised: 
1996/ANSI 1998.
Drinking Water System Components-Health Effects--ANSI/NSF 61-2001.

                            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.
    Standard for Safety Glazing Materials used in Buildings--Safety 
Performance Specifications and Methods of Test, ANSI Z97.1-2004 
(incorporated by reference, see Sec. 3280.4).
Water Heater Relief Valve Drain Tubes--ASME A112.4.1-1993.
Flexible Water Connectors--ASME A112.18.6-1999.
Performance Requirements for Backflow Protection Devices and Systems in 
Plumbing Fixture Fittings--ASME A112.18.3M-1996.
Non-Vitreous Ceramic Plumbing Fixtures--ASME A112.19.9M-1991.
Dual Flush Devices for Water Closets--ASME A119.19.10-1994.
Deck Mounted Bath/Shower Transfer Valves with Integral Backflow 
Protection--ASME A112.18.7-1999.
Plastic Fittings for Connecting Water Closets to the Sanitary Drainage 
System--ASME A112.4.3-1999.
Hydraulic Performance Requirements for Water Closets and Urinals, ASME 
A112.19.6-1995.
Plumbing Fixture Fittings--ASME/ANSI 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.
ANSI Z124.5, Plastic Toilet (Water Closets) Seats, 1997.
ANSI Z124.7, Prefabricated Plastic Spa Shells, 1997.
Whirlpool Bathtub Appliances--ASME/ANSI A112.19.7M-1987.
ANSI Z-124.9, Plastic Urinal Fixtures, 1994.
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.
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/ANSI-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.
    Performance Requirements for Automatic Compensating Values for 
Individual Shower

[[Page 96]]

and Tub/Shower Combinations, approved January 2005 ASSE 1016-2005 
(incorporated by reference, see Sec. 3280.4).
    Performance Requirements for Water Temperature Limiting Devices, 
approved February 2004, ASSE 1070-2004 (incorporated by reference, see 
Sec. 3280.4).

[58 FR 55013, Oct. 25, 1993, as amended at 70 FR 72048, Nov. 30, 2005; 
78 FR 73985, Dec. 9, 2013; 79 FR 31863, June 3, 2014]



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.
    (b) 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.
    (c) 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.
    (d) 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.
    (e) 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.
    (f) Union joints. Metal unions in water piping shall have metal-to-
metal ground seats.
    (g) 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.
    (h) Cast iron soil pipe joints. Approved or listed cast iron pipe 
may be joined as follows:
    (1) Approved or listed hub-less pipe and fittings must be permitted 
to be joined with listed couplings or adapters, per the manufacturer's 
recommendations.
    (2) 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; 78 FR 73985, Dec. 9, 2013]



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) Combination Fixtures. For the purposes of drainage and 
ventilation requirements, a two- or three-compartment sink, up to three 
single sinks, or up to three lavatories may be connected to one ``P'' 
trap and considered as a single fixture, so long as the sinks and 
lavatories are in the same room, have waste outlets not more than 30 
inches apart, and have flood level rims at the same level. The ``P'' 
trap must be installed at the center fixture when three such fixtures 
are installed.
    (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 97]]

    (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; 78 FR 73985, Dec. 9, 2013]



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 must be of not less than No. 20 Brown 
and Sharpe gauge seamless drawn-brass tubing or other approved pipe or 
tubing materials. Inaccessible fixture connections must be constructed 
according to the requirements for drainage piping. The diameter of each 
fixture tailpiece, continuous waste, or waste and overflow must be not 
less than:
    (i) 1\1/2\ inches, for sinks of two or more compartments, 
dishwashers, clothes washing machines, laundry tubs, bathtubs, and 
showers; and
    (ii) Not less than 1\1/4\ inches for lavatories or single 
compartment sinks having a 2-inch maximum drain opening.

[[Page 98]]

    (4) Concealed connections. Concealed slip joint connections shall be 
provided 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).)
    (6) Water conservation. All lavatory faucets, showerheads, and sink 
faucets must not exceed a flow of 2.5 gallons per minute (gpm).
    (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) All water closets must be low consumption (1.6 gallons per 
flush (gpf)) closets.
    (iv) 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.
    (v) Floor Connection. Water closets must be securely bolted to an 
approved flange or other approved fitting that is secured to the floor 
by means of corrosion-resistant screws. The bolts must be of solid brass 
or other corrosion-resistant material and must not be less than \1/4\ 
inch in diameter. A watertight seal must be made between the water 
closet and flange or other approved fitting by use of a gasket, sealing 
compound, or listed connector device.
    (vi) 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 Glazing Materials used in Buildings--Safety 
Performance Specifications and Methods of Test, ANSI Z97.1-2004 
(incorporated by reference, see Sec. 3280.4).
    (iv) Prefabricated plumbing fixtures shall be approved or listed.
    (v) Shower and tub-shower combination valves must be balanced 
pressure, thermostatic, or combination mixing valves that conform to the 
requirements of ASSE 1016-2005, Performance Requirements for Automatic 
Compensating Valves for Individual Shower and Tub/Shower Combinations 
(incorporated by reference, see Sec. 3280.4). Such valves must be 
equipped with handle position stops that are adjustable in accordance 
with the valve manufacturer's instructions and to a maximum setting of 
120 F. Hot water supplied to

[[Page 99]]

bathtubs and whirlpool bathtubs are to be limited to a temperature of 
not greater than 120 F by a water temperature limiting device that 
conforms to the requirements of ASSE 1070-2004, Performance Requirements 
for Water Temperature Limiting Devices (incorporated by reference, see 
Sec. 3280.4).
    (4) Dishwashing machines. (i) A dishwashing machine must discharge 
its waste through a fixed air gap installed above the machine, 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 must 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 are permitted to 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 connections, into an open standpipe receptor, or over 
the rim of a laundry tub.
    (ii) Standpipes must be either 1\1/2\ inch diameter minimum nominal 
iron pipe size, 1\1/2\ inch diameter nominal brass tubing of not less 
than No. 20 Brown and Sharp gauge, or 1\1/2\ inch diameter approved 
plastic materials. Receptors must discharge into a vented trap or must 
be connected to a laundry tub appliance by means of an approved or 
listed directional fitting. Each standpipe must extend not less than 18 
inches or more than 42 inches above its trap and must terminate in an 
accessible location no lower than the top of the clothes washing 
machine. A removable, tight-fitting cap or plug must be installed on the 
standpipe when the 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) Hydromassage bathtub--(i) Access panel. A door or panel of 
sufficient size must be installed to provide access to the pump for 
repair or replacement.
    (ii) Piping drainage. The circulation pump must be accessibly 
located above the crown weir of the trap. The pump drain line must be 
properly sloped to drain the volute after fixture use.
    (iii) Piping. Hydromassage bathtub circulation piping must be 
installed to be self-draining.
    (iv) Electrical. Wiring must comply with Articles 680.70, 680.71, 
and 680.72 of the National Electrical Code, NFPA No. 70-2005.

[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; 70 FR 72049, Nov. 30, 2005; 
71 FR 19639, Apr. 17, 2006; 78 FR 73985, Dec. 9, 2013; 79 FR 31863, June 
3, 2014]



Sec. 3280.608  Hangers and supports.

    (a) Strains and stresses. Piping in a plumbing system shall be 
installed

[[Page 100]]

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 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

[[Page 101]]

connections must be protected by a listed nonremovable backflow 
prevention device. This requirement is not applicable to hose 
connections provided for automatic washing machines with built-in 
backflow prevention or water heater drain valves.
    (8) Flushometer tanks. Flushometer tanks must be equipped with an 
approved air gap or vacuum breaker assembly that is 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 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, 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

[[Page 102]]

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 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; 78 FR 73986, Dec. 9, 2013]



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 must be standard weight 
galvanized steel, brass, copper tube DWV, listed Scheduled 40 ABS 
plastic, listed Scheduled 40 PVC 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

[[Page 103]]

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. Fixture drains must be sized as 
follows:
    (1) Fixture drains serving a single lavatory must be a minimum of 
1\1/4\ inches in diameter.
    (2) Fixture drains serving two or three fixtures must be a minimum 
of 1\1/2\ inches in diameter.
    (3) Fixture drains serving four or more fixtures that are 
individually vented must be a minimum of 2 inches in diameter.
    (4) Fixture drains for water closets must be a minimum of 3 inches 
in diameter.
    (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

[[Page 104]]

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; 78 
FR 73986, Dec. 9, 2013]



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 must be standard weight 
galvanized steel, brass, copper tube DWV, listed Scheduled 40 ABS 
plastic, listed Scheduled 40 PVC plastic, cast iron, or other listed or 
approved 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.
    (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) Mechanical Vents. Where mechanical vents are used as a secondary 
vent system for plumbing fixtures that are

[[Page 105]]

protected by traps, the mechanical vents must comply with paragraphs 
(d)(1) or (2) of this section.
    (1) Spring-operated mechanical (anti-siphon) vents must comply with 
the following:
    (i) No more than two fixtures individually protected by the spring-
operated mechanical vent may be drained by a common 1\1/2\ inch diameter 
drain.
    (ii) The drain size for three or more fixtures individually 
protected by a spring-operated mechanical vent must be at least 2 inches 
in diameter.
    (iii) Spring-operated mechanical vents are restricted to venting 
fixtures with 1\1/2\ inch traps.
    (iv) A spring-operated mechanical vent must be installed in a 
location that allows a free flow of air and is accessible for 
inspection, maintenance, and replacement. The sealing function must be 
at least 6 inches above the top of the trap arm.
    (v) Materials for the spring-operated mechanical vents must be as 
follows:
    (A) Cap and housing must be listed acrylonitrile-butadiene-styrene, 
DWV grade;
    (B) Stem must be DWV grade nylon or acetal;
    (C) Spring must be stainless steel wire, Type 302; and
    (D) Sealing disc must be either:
    (1) Neoprene, conforming to CISPI-HSN-85, Specification for Neoprene 
Rubber Gaskets for HUB and Spigot Cast Iron Soil Pipe and Fittings 
(incorporated by reference, see Sec. 3280.4), and to ASTM C564-97, 
Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe and 
Fittings (incorporated by reference, see Sec. 3280.4); or
    (2) Other material, conforming to ASTM C920-02, Standard 
Specification for Elastomeric Joint Sealants (incorporated by reference, 
see Sec. 3280.4), and to ASTM D4635-01, Standard Specification for 
Polyethylene Films Made from Low-Density Polyethylene for General Use 
and Packaging Applications (incorporated by reference, see Sec. 3280.4).
    (2) Gravity-operated mechanical (air admittance valves) vents must 
comply with the following:
    (i) Where installed to vent any fixture, the drain system must have 
a minimum 1\1/2\ inch diameter vent that terminates outside the 
manufactured home.
    (ii) Where gravity-operated mechanical vent devices terminate in the 
attic cavity, the following requirements must be met:
    (A) The attic cavity must be accessible;
    (B) The sealing device must be installed a minimum of 6 inches above 
the insulation materials; and
    (C) The attic must be vented in accordance with 
Sec. 3280.504(c)(1)(i);
    (3) Mechanical vents must be installed in accordance with the vent 
manufacturer's instructions.
    (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. Vents must terminate through the roof or wall, or 
to a mechanical vent device in accordance with paragraph (d) of this 
section.
    (1) Roof extension. Each vent pipe must extend through its flashing 
and terminate vertically. Vents that extend through the roof must extend 
undiminished in size, not less than 2 inches above the roof. Vent 
openings must be at least 3 feet away from any motor-driven air intake 
that opens into any habitable area.
    (2) Wall extensions. Extensions through exterior walls must 
terminate downward, have a screen to prevent entrance of birds and 
rodents, and be located as follows:
    (i) Extensions must not be located beneath a door, window, or other 
opening;
    (ii) Extensions must be a minimum of 10 feet above the finished 
floor;
    (iii) Extensions must be located a minimum of 2 feet above any 
building opening that is within 10 feet horizontally of any extension; 
and

[[Page 106]]

    (iv) Extensions must not terminate under an overhang with soffit 
vents.
    (3) 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; 78 FR 73986, Dec. 9, 2013]



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.



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

[[Page 107]]

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 and air connectors means air ducts and air 
connectors having a fire hazard classification of zero when tested in 
accordance with UL 181-2003, Factory-Made Air Ducts and Air Connectors 
(incorporated by reference, see Sec. 3280.4).
    Class 1 air ducts and air connectors means air ducts and air 
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 when tested in accordance with UL 181-2003, Standard for Safety 
Factory-Made Air Ducts and Air Connectors (incorporated by reference, 
see Sec. 3280.4).
    Clearance means the distance between the appliance, chimney, vent, 
chimney or vent connector or plenum and the nearest surface.
    Combination space heating and water heating appliance means a listed 
unit that is designed to provide space heating and water heating from a 
single primary energy source.
    Connector-Gas appliance: means a flexible or semi-rigid connector 
used to convey fuel gas between a gas outlet and a gas appliance.
    Direct-vent system means a system or method of construction where 
all air for combustion is derived directly from the outside atmosphere 
and all flue gases are discharged to the outside atmosphere.
    Direct-vent system appliance means an appliance that is installed 
with a direct vent system.
    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.
    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.

[[Page 108]]

    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, domestic 
water heating, or a combination of comfort heating and 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.

[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; 78 
FR 73987, Dec. 9, 2013]



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

Heating and Cooling Equipment, Second Edition, with 1999 revisions--UL 
1995, 1995.
Liquid Fuel-Burning Heating Appliances for Manufactured Homes and 
Recreational Vehicles, Seventh Edition, with 1997 revisions--UL 307A-
1995.
Fixed and Location-Dedicated Electric Room Heaters, Second Edition, with 
1998 revisions--UL 2021-1997.
Electric Baseboard Heating Equipment, Fourth Edition, with 1998 
revisions--UL 1042-1994.
Electric Central Air Heating Equipment--UL 1096-Fourth Edition-1986 with 
revisions July 16, 1986, and January 30, 1988.
Gas Burning Heating Appliances for Manufactured Homes and Recreational 
Vehicles, Fourth Edition, with 1998 revisions--UL 307B-1995.
Gas Clothes Dryers Volume 1, Type 1 Clothes Dryers--ANSI Z21.5.1-/CSA 
7.1-M99--1999 with Addendum Z21.5.1a-1999.
Gas Fired Absorption Summer Air Conditioning Appliances--ANSI Z21.40.1/
CGA 2.91-M961996.

[[Page 109]]

Gas-Fired Central Furnaces (Except Direct Vent System Central 
Furnaces)--ANSI Z21.47-1990 with Addendum Z21.47a-1990 and Z21.47b-1992.
    Decorative Gas Appliances for Installation in Solid Fuel Burning 
Fireplaces--RADCO DS-010-91 (incorporated by reference, see 
Sec. 3280.4).
Household Cooking Gas Appliances--ANSI Z21.1-2000.
Refrigerators Using Gas Fuel--ANSI Z21.19-1990, with Addendum ANSI 
Z21.19a-1992 and Z21.19b-1995.
Gas Water Heaters--Volume 1, Storage Water Heaters with Input Ratings of 
75,000 BTU per hour or Less--ANSI Z21.10.1-1998 with Addendum Z21.10.1a-
2000.
Household Electric Storage Tank Water Heaters, Tenth Edition--UL 174-
1996, with 1997 revisions.

                        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 A539-1999.
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 B280-95a.
Connectors for Gas Appliances--ANSI Z21.24/CGA 6.10-M97-1997.
Manually Operated Gas Valves for Appliances, Appliance Connector Valves 
and Hose End Valves--ANSI Z21.15/CGA 9.1-M97-1997.
Standard for Gas Supply Connectors for Manufactured Homes--IAPMO TSC 9-
1997.
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.

                              Miscellaneous

    Factory-Made Air Ducts and Air Connectors, UL 181, Ninth Edition, 
April 4, 1996, with revisions through May 15, 2003 (incorporated by 
reference, see Sec. 3280.4).
Standard for Safety Closure Systems for use with Rigid Air Ducts and Air 
Connectors, UL 181A, 1994, with 1998 revisions.
Standard for Safety Closure Systems for use with Flexible Air Ducts and 
Air Connectors, First Edition--UL 181B, 1995, with 1998 revisions.
Tube Fittings for Flammable and Combustible Fluids, Refrigeration 
Service, and Marine Use, Sixth Edition--UL 109-1997, with 2001 
revisions.
Pigtails and Flexible Hose Connectors for LP-Gas, Seventh Edition--UL 
569, 1995 with 2001 revisions.
Roof Jacks for Manufactured Homes and Recreational Vehicles, Eighth 
Edition--UL 311, 1994, with 1998 revisions.
    Relief Valves for Hot Water Supply Systems, ANSI Z21.22-1999, 
(incorporated by reference, see Sec. 3280.4).
Automatic Gas Ignition Systems and Components--ANSI Z21.20 with Addendum 
Z21.20a-2000.
Automatic Valves for Gas Appliances--ANSI Z21.21/CSA 6.5-2000.
    Gas Appliance Thermostats--ANSI Z21.23-93 (incorporated by 
reference, see Sec. 3280.4).
Gas Vents, Ninth Edition--UL 441, 1996 with 1999 revisions.
    Standard for the Installation of Oil-Burning Equipment, NFPA 31-01 
(incorporated by reference, see Sec. 3280.4).
National Fuel Gas Code--NFPA 54-2002/ANSI Z223.1-2002.
Warm Air Heating and Air Conditioning Systems, NFPA 90B, 1996 Edition.
Liquefied Petroleum Gas Code, NFPA 58-2001 Edition.
Flares for Tubing--SAE-J533b-1992.
Factory-Built Chimneys for Residential Type and Building Heating 
Appliances, Ninth Edition--UL 103, 1995, with 1999 revisions.
Factory-Built Fireplaces, Seventh Edition--UL 127-1996, with 1999 
revisions.
Solid-Fuel Type Room Heaters, Fifth Edition--UL 1482, 1995, with 2000 
revisions.
Fireplace Stoves, Eight Edition, with 2000 revisions--UL 737, 1996.
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, as amended at 70 FR 72046, Nov. 30, 2005; 
78 FR 73987, Dec. 9, 2013]



Sec. 3280.704  [Reserved]



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

[[Page 110]]

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 must be annealed type, Grade K or L, conforming to 
the Standard Specification for Seamless Copper Water Tube, ASTM B88-93, 
or must comply with the Standard Specification for Seamless Copper Tube 
for Air Conditioning and Refrigeration Service, ASTM B280-1995. Copper 
tubing must be internally tinned.
    (4) Steel tubing must 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 must be in accordance with 
ASTM Standard Specification for Electric-Resistance-Welded Coiled Steel 
Tubing for Gas and Fuel Oil Lines, ASTM A539-1999, and must be 
externally corrosion protected.
    (5) Corrugated stainless steel tubing (CSST) systems must be listed 
and installed in accordance with ANSI/IAS LC-1-1997, Fuel Gas Piping 
Systems Using Corrugated Stainless Steel Tubing (CSST) (incorporated by 
reference, see Sec. 3280.4), and the requirements of this section.
    (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 must 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 non-displaceable rotor type 
conforming to ANSI Z21.15-1997, Manually Operated Gas Valves for 
Appliances, Appliances Connector Valves, and Hose End Valves, suitable 
for outdoor use must be installed at each crossover point upstream of 
the connection.
    (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'' 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

[[Page 111]]

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.

  Table to paragraph (d)--Maximum Capacity of Different Sizes of Pipe and Tubing in Thousands of Btu/hr of Natural Gas for Gas Pressures of 0.5 psig or
                                               Less, and a Maximum Pressure Drop of \1/2\ in. Water Column
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      ID (in.)                          10 ft     20 ft     30 ft     40 ft     50 ft     60 ft     70 ft     80 ft     90 ft    100 ft
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Iron Pipe Sizes--Length
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\...............................................        43        29        24        20        18        16        15        14        13        12
\3/8\...............................................        95        65        52        45        40        36        33        31        29        27
\1/2\...............................................       175       120        97        82        73        66        61        57        53        50
\3/4\...............................................       360       250       200       170       151       138       125       118       110       103
1...................................................       680       465       375       320       285       260       240       220       215       195
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
                       EHD \2\                        ID (in.)   10 ft    20 ft    30 ft    40 ft    50 ft    60 ft    70 ft    80 ft    90 ft    100 ft
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Corrugated Stainless Steel Tubing--Length \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
13..................................................     \3/8\       31       21       17       14       13       12       11       10       10        9
15..................................................     \3/8\       42       30       24       20       18       16       15       14       13       12
18..................................................     \1/2\       79       56       45       39       36       33       30       28       27       25
19..................................................     \1/2\       91       64       52       45       40       36       35       32       31       29
23..................................................     \3/4\      155      111       92       80       72       65       60       58       55       52
25..................................................     \3/4\      184      132      108       93       84       77       71       66       62       60
30..................................................         1      317      222      180      156      138      126      116      108      103       97
31..................................................         1      368      258      209      180      161      147      135      127      120      113
37..................................................    1\1/4\      598      426      350      304      273      250      231      217      205      195
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
                      OD (in.)                          10 ft     20 ft     30 ft     40 ft     50 ft     60 ft     70 ft     80 ft     90 ft    100 ft
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Copper Tubing--Length
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\...............................................        27        18        15        13        11        10         9         9         8         8
\3/8\...............................................        56        38        31        26        23        21        19        18        17        16
\1/2\...............................................       113        78        62        53        47        43        39        37        34        33
\3/4\...............................................       197       136       109        93        83        75        69        64        60        57
1...................................................       280       193       155       132       117       106        98        91        85        81
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes losses for four 90-degree bends and two end fittings. Tubing runs with larger numbers of bend and/or fittings shall be increased by an
  equivalent length of tubing according to the following equation: L = 1.3n, where L is actual length (ft) of tubing and n is the number of additional
  fittings and/or bends.
\2\ EHD (Equivalent Hydraulic Diameter)--A measure of the hydraulic efficiency between different tubing sizes.

    (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-1992 or with other listed vibration-resistant 
fittings, or joints may be brazed with material having a melting point 
exceeding 1,000 F. Metallic ball

[[Page 112]]

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. (1) Copper tubing must not be run inside 
walls, floors, partitions, or roofs. Corrugated stainless steel tubing 
(CSST) may be run inside walls, floors, partitions, and roofs under the 
following conditions:
    (i) The CSST is protected from accidental puncture by a steel strike 
barrier not less than 0.058 inch thick, or the barrier's equivalent, 
installed between the tubing and the finished wall and extending 4 
inches beyond concealed penetrations of plates, firestops, and wall 
studs, or specified by the tubing manufacturer's instructions; and
    (ii) The CSST is installed in single runs and is not rigidly 
secured.
    (2) Where tubing passes through exterior walls, floors, partitions, 
or similar construction, the tubing must be protected by the use of 
weather-resistant grommets that snugly fit both the tubing and the hole 
through which the tubing passes, or protected as specified in the tubing 
manufacturer's instructions.
    (3) Concealed joints: Piping or tubing joints must not be located in 
any wall, floor, partition, or similar concealed construction space.
    (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 
       100,000 Btuh or more; 
       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 UL 569-1995, Pigtails and Flexible Hose 
Connectors for LP Gas, or equal must be supplied when LP-Gas 
cylinders(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-

[[Page 113]]

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 must be provided with an approved quick-disconnect 
device, which must be designed to provide a positive seal on the supply 
side of the gas system when the appliance is disconnected. A shutoff 
valve of the non-displaceable rotor type conforming to ANSI Z21.15-1997, 
Manually Operated Gas Valves, must be installed immediately upstream of 
the quick-disconnect device. The complete device must 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 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 must 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 servicing of the appliance and 
removal of its components. The shutoff valve must be located within 6 
feet of any cooking appliance and within 3 feet of any other appliance. 
A shutoff valve may serve more than one appliance if located as required 
by this paragraph (3). The shutoff valve must be of the non-displaceable 
rotor type and conform to ANSI Z21.15-1997, 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; 70 FR 72050, Nov. 30, 2005; 
78 FR 73987, Dec. 9, 2013]



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,

[[Page 114]]

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 must be annealed type, Grade K or L conforming to 
the Standard Specification for Seamless Copper Water Tube, ASTM B88-93, 
or shall comply with ASTM B280-1995, Standard Specification for Seamless 
Copper Tube for Air Conditioning and Refrigeration Field Service.
    (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 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 Tag. A tag must be affixed to each oil-fired appliance 
stating: ``Before setting the system in operation, tank installations 
and piping must be checked for oil leaks with fuel oil of the same grade 
that will be burned in the appliance. No other material may be used for 
testing fuel oil tanks and piping. Tanks must 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; 70 
FR 72050, Nov. 30, 2005; 78 FR 73988, Dec. 9, 2013]



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

[[Page 115]]

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) Each gas and oil burning comfort heating appliance must have an 
Annual Fuel Utilization Efficiency of not less than that specified in 10 
CFR part 430, Energy Conservation Program for Consumer Products: Test 
Procedures for Furnaces/Boilers, Vented Home Heating Equipment and Pool 
Heaters.
    (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. Each automatic storage water heater must 
comply with the efficiency requirements of 10 CFR part 430, Energy 
Conservation Program for Consumer Products: Energy Conservation 
Standards for Water Heaters.
    (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 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 Z21.10.1-1998 with addendums 
Z21.10.1a-2000, 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 
must conform to Liquid Fuel-burning Heating Appliances for Manufactured 
Homes and Recreational Vehicles, UL 307A-1995, with 1997 revisions, and 
be installed in accordance with Standard for the Installation of Oil 
Burning Equipment, NFPA 31-01 (incorporated by reference, see 
Sec. 3280.4). Regardless of the requirements of the above-referenced 
standards, or any other standards referenced in this part, 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; 70 FR 72050, Nov. 30, 2005; 78 FR 73988, Dec. 
9, 2013]



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

[[Page 116]]

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 instructions 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 installation 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 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 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

[[Page 117]]

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"  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 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

[[Page 118]]

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 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.
    (h) A corrosion resistant water drip collection and drain pan must 
be installed under each water heater that will allow water leaking from 
the water heater to drain to the exterior of the manufactured home, or 
to a drain.

[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; 70 
FR 72050, Nov. 30, 2005]



Sec. 3280.710  Venting, ventilation and combustion air.

    (a) The venting as required by Sec. 3280.707(b) shall be 
accomplished by

[[Page 119]]

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 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 must be provided with each appliance. The 
operating and installation instructions for each appliance must be 
provided with the homeowner's manual.

[78 FR 73989, Dec. 9, 2013]



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

[[Page 120]]

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 (incorporated by reference, see Sec. 3280.4) 
and certified by ARI or other nationally recognized testing agency 
capable of providing follow-up service.
    (i) Electric motor-driven unitary air-cooled air conditioners and 
heat pumps in the cooling mode with rated capacity less than 65,000 BTU/
hour (19,045 watts), when rated at ARI standard rating conditions in ARI 
Standard 210/240-89, Unitary Air-Conditioning and Air-Source Heat Pump 
Equipment, must have seasonal energy efficiency (SEER) values not less 
than as specified in 10 CFR Part 430, Energy Conservation Program for 
Consumer Products: Central Air Conditioners and Heat Pumps Energy 
Conservation Standards.
    (ii) Heat pumps must be certified to comply with all requirements of 
the ARI Standard 210/240-89, Unitary Air Conditioning and Air-Source 
Heat Pump Equipment. Electric motor-driven vapor compression heat pumps 
with supplemental electrical resistance heat must be sized to provide by 
compression at least 60 percent of the calculated annual heating 
requirements for the manufactured home being served. A control must be 
provided and set to prevent operation of supplemental electrical 
resistance heat at outdoor temperatures above 40 F (4 C), except for 
defrost conditions. 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 Heat Pump Equipment, 
must have Heating Season Performance Factor (HSPF) efficiencies not less 
than as specified in the 10 CFR Part 430, Energy Conservation Program 
for Consumer Products: Central Air Conditioners and Heat Pumps Energy 
Conservation Standards.
    (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 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 must be listed or 
certified in accordance with ANSI Z21.40.1-1996, Gas Fired, Heat 
Activated, Air Conditioning and Heat Pump Appliances (incorporated by 
reference, see Sec. 3280.4), 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.

[[Page 121]]

    (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; 70 FR 72051, Nov. 30, 2005; 78 
FR 73989, Dec. 9, 2013]



Sec. 3280.715  Circulating air systems.

    (a) Supply system. (1) Supply air ducts, fittings, and any dampers 
contained therein must be made of galvanized steel, tin-plated steel, or 
aluminum, or must be listed as Class 0 or Class 1 air ducts and air 
connectors in accordance with UL 181-2003, Factory-Made Air Ducts and 
Air Connectors (incorporated by reference, see Sec. 3280.4). Class 1 air 
ducts and air connectors must be located at least 3 feet from the 
furnace bonnet or plenum. Air connectors must not be used for exterior 
manufactured home duct connection. A duct system integral with the 
structure must be of durable construction that can be demonstrated to be 
equally resistant to fire and deterioration as required by this section. 
Furnace supply plenums must be constructed of metal that extends a 
minimum of 3 feet from the heat exchanger measured along the centerline 
of airflow. Ducts constructed from sheet metal must 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 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.

[[Page 122]]

    (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) The manufacturer must provide installation instructions for 
supporting, mechanically fastening, sealing, and insulating each 
crossover duct. The instructions must indicate that no portion of the 
crossover duct is to be in contact with the ground, and must describe 
the means to support the duct without compressing the insulation and 
restricting airflow.
    (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) Unless installed in a basement, supply and return ducts, 
fittings, and crossover duct plenums exposed directly to outside air, 
such as those under-chassis crossover ducts or ducts connecting external 
heating, cooling, or combination heating/cooling appliances, must be 
insulated with material having a minimum thermal resistance of R-8 in 
all Thermal Zones. All such insulating materials must have a continuous 
vapor barrier retarder having a perm rating of not more than 1 perm. 
Where ducts are exposed underneath the manufactured home, they must 
comply with paragraph (a)(5)(ii) of this section, and shall be listed 
for exterior use.
    (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 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.

[[Page 123]]

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 sheet metal and factory-
made flexible ducts, including trunks, branches, risers, crossover 
ducts, and crossover duct plenums, shall be mechanically secured and 
made substantially airtight. Slip joints in sheet metal ducts shall have 
a lap of at least one inch and shall be mechanically fastened. Tapes or 
caulking compounds shall be permitted to be used for sealing 
mechanically secure joints. Sealants and tapes shall be applied only to 
surfaces that are dry and dust-, dirt-, oil-, and grease-free. Tapes and 
mastic closure systems for use with factory-made rigid fiberglass air 
ducts and air connectors shall be listed in accordance with UL Standard 
181A-1994, with 1998 revisions. Tapes and mastic closure systems used 
with factory-made flexible air ducts and air connectors shall be listed 
in accordance with UL Standard 181B-1995, with 1998 revisions.
    (d) Supports and protection. Ducts must be securely supported. Nails 
or other fasteners must not be driven or penetrate through duct walls. 
Where vertical ducts are installed within closets or rooms, they must be 
enclosed with materials equivalent to those used in the closet or room 
construction.
    (e) Registers and grilles. Fittings connecting the registers and 
grilles to the duct system must be constructed of metal or material that 
complies with the requirements of Class 1 or 2 ducts under UL 181-1996 
with 1998 revisions, Factory Made Air Ducts and Connectors. Air supply 
terminal devices (registers) when installed in kitchen, bedrooms, and 
bathrooms must be equipped with adjustable closeable dampers. Registers 
or grilles must 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 UL 94-1996, with 2001 revisions, Test for Flammability of 
Plastic Materials for Parts in Devices and Appliances, Fifth Edition; 
and
    (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 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; 70 
FR 72051, Nov. 30, 2005; 78 FR 73989, Dec. 9, 2013]



                      Subpart I_Electrical Systems



Sec. 3280.801  Scope.

    (a) Subpart I of this part and Part II of Article 550 of the 
National Electrical Code (NFPA No. 70-2005) 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 part and Part II of 
Article 550 of the National Electrical Code (NFPA No. 70-2005), the 
applicable portions of other Articles of the National Electrical Code 
must be followed for electrical installations in manufactured

[[Page 124]]

homes. The use of arc-fault breakers under Articles 210.12(A) and (B), 
440.65, and 550.25(A) and (B) of the National Electrical Code, NFPA No. 
70-2005 is not required. However, if arc-fault breakers are provided, 
such use must be in accordance with the National Electrical Code, NFPA 
No. 70-2005. Wherever the requirements of this standard differ from the 
National Electrical Code, these standards 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; 70 FR 72051, Nov. 30, 2005; 71 
FR 19639, Apr. 17, 2006]



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.
    (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.

[[Page 125]]

    (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.
    (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

[[Page 126]]

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 the outlet for 
the connection of an attachment plug. A single receptacle is a single 
contact device with no other contact device on the same yoke. A multiple 
receptacle is a device with two or more contact devices on the same 
yoke.
    (38) Receptacle outlet means an outlet where one or more receptacles 
are installed.
    (39) Utilization equipment means equipment that utilizes electric 
energy for electronic, electromechanical, 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.

[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, 
as amended at 78 FR 73989, Dec. 9, 2013]



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.
    (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.

[[Page 127]]

    (d) A suitable clamp or the equivalent must 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 must be a 3-pole, 4-wire, grounding 
type, rated 50 amperes, 125/250 volts, intended for use with the 50-
ampere, 125/250-volt receptacle configuration, as shown below. The cap 
must be listed, by itself or as part of a power-supply cord assembly, 
for the purpose, and must be molded to or installed on the flexible cord 
so that it is secured tightly to the cord at the point where the cord 
enters the attachment plug cap. If a right-angle cap is used, the 
configuration must be so oriented that the grounding member is farthest 
from the cord.
[GRAPHIC] [TIFF OMITTED] TR09DE13.000

    (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.
    (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 must be 
protected by means of conduits and bushings or the equivalent. The cord 
is permitted to be installed within the manufactured home walls, 
provided that a continuous raceway having a maximum size of 1\1/4\ inch 
is installed from the branch-circuit panelboard to the underside of the 
manufactured home floor.
    (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. 70-2005, 
containing four continuous insulated, color-coded, feeder conductors, 
one of which shall be an equipment grounding conductor; or

[[Page 128]]

    (2) A listed metal raceway or listed rigid nonmetallic conduit 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 must provide written installation 
instructions stating the proper feeder conductor sizes for the raceway 
and the size of the junction box to be used; or
    (3) Service equipment installed in or on the manufactured home, 
provided that all of the following conditions are met:
    (i) In its written installation instructions, the manufacturer must 
include information indicating that the home must be secured in place by 
an anchoring system or installed on and secured to a permanent 
foundation;
    (ii) The installation of the service equipment complies with Article 
230 of the National Electrical Code, NFPA 70-2005 (incorporated by 
reference, see Sec. 3280.4). Exterior service equipment or the enclosure 
in which it is to be installed must be weatherproof, and conductors must 
be suitable for use in wet locations;
    (iii) Means are provided for the connection of the grounding 
electrode conductor to the service equipment and routing it to the 
conductor outside the structure;
    (iv) Bonding and grounding of the service must be in accordance with 
Article 250, NFPA 70-2005, National Electrical Code (incorporated by 
reference, see Sec. 3280.4);
    (v) The manufacturer must include in its installation instructions 
one method of grounding the service equipment at the installation site. 
The instructions must clearly state that other methods of grounding are 
found in Article 250 of NFPA 70-2005, National Electrical Code;
    (vi) The minimum size grounding electrode conductor must be 
specified in the instructions; and
    (vi) A red warning label must be mounted on or adjacent to the 
service equipment. The label must state the following: WARNING--DO NOT 
PROVIDE ELECTRICAL POWER UNTIL THE GROUNDING ELECTRODE(S) 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; 70 
FR 72051, Nov. 30, 2005; 78 FR 73990, Dec. 9, 2013]



Sec. 3280.804  Disconnecting means and branch-circuit protective equipment.

    (a) The branch-circuit equipment is permitted to be combined with 
the disconnecting means as a single assembly. Such a combination is 
permitted to be designated as a distribution panelboard. If a fused 
distribution panelboard is used, the maximum fuse size for the mains 
shall be plainly marked, with the lettering at least 1/4-inch high and 
visible when fuses are changed. See Article 110-22 of NFPA 70-2005, 
National Electrical Code (incorporated by reference, see Sec. 3280.4), 
concerning the identification of each disconnecting means and each 
service, feeder, or branch circuit at the point where it originated, and 
the type of 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 must be 
provided in each manufactured home, consisting of a circuit breaker, or 
a switch and fuses and its 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 must be plainly marked ``Main.'' This equipment must 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 must be 
insulated in accordance with Sec. 3280.809(b).
    (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

[[Page 129]]

inches from the bottom of such equipment to the floor level of the 
manufactured home.
    (e) A distribution panelboard employing a main circuit breaker must 
be rated not less than 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 must be rated not less than 60 amperes and must employ 
a single, 2-pole fuseholder rated not less than 60-amperes with 40- or 
50-ampere main fuses for 40- or 50-ampere supply cords, respectively. 
The outside of the distribution panelboard must be plainly marked with 
the fuse size.
    (f) The distribution panelboard must be located in an accessible 
location, and must not be located in a bathroom or a clothes closet. A 
clear working space at least 30 inches wide and 30 inches in front of 
the distribution panelboard must be provided. This space must extend 
from the floor to the top of the distribution panelboard. Where used as 
switches, circuit breakers must be installed so that the center of the 
grip of the operating handle of the circuit breaker, when in its highest 
position, will not be more than 6 feet, 7 inches above the floor.
    (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 must be provided in 
accordance with Article 230, Part VI of the National Electrical Code, 
NFPA No. 70-2005. 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; 70 FR 72051, Nov. 30, 2005; 
78 FR 73990, Dec. 9, 2013]



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  length  width--[120  (15 or 20)] = number of 15 or 
20 ampere circuits. Lighting circuits are permitted to serve built-in 
gas ovens with electric service for lights, clocks, or timers, or

[[Page 130]]

for listed cord-connected garbage disposal units.
    (2) Small Appliances. For the small appliance load in kitchens, 
pantries, dining rooms, and breakfast rooms of manufactured homes, two 
or more 20-ampere appliance branch circuits, in addition to the branch 
circuit specified in paragraph (a)(1) of this section, must be provided 
for all receptacle outlets in these rooms, and such circuits must have 
no other outlets. Countertop receptacle outlets installed in the kitchen 
must be supplied by not less than two small appliance branch circuits. 
One or more of the small appliance branch circuits may also supply other 
receptacle outlets in the kitchen, pantry, dining room, and breakfast 
room. Receptacles installed solely for the electrical supply to an 
electric clock and receptacles installed to provide power for 
supplemental equipment and lighting on gas-fired ranges, ovens, or 
counter-mounted cooking units are not subject to the requirements of 
this paragraph (a)(2).
    (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) The ampere rating of fixed appliances must not exceed 50 percent 
of the circuit rating if lighting outlets are on the same circuit 
(receptacles in the kitchen, dining area, and laundry are not considered 
to be lighting outlets);
    (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 the range branch circuit is based on the range 
demand as specified for ranges in Sec. 3280.811(a)(5). For central air 
conditioning, see Article 440 of the National Electrical Code, NFPA No. 
70-2005.
    (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).
    (vi) Bathroom receptacle outlets must be supplied by at least one 
20-ampere branch circuit. Such circuits must have no other outlets, 
except that it is permissible to place the receptacle outlet for a heat 
tape or pipe heating cable required by Sec. 3280.806(d)(10) on a 
bathroom circuit. (See Sec. 3280.806(b).)
    (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; 70 FR 72051, Nov. 30, 2005; 78 
FR 73991, Dec. 9, 2013]



Sec. 3280.806  Receptacle outlets.

    (a) All receptacle outlets shall be:
    (1) Of grounding type;
    (2) Installed according to Article 406.3 of the National Electrical 
Code, NFPA No. 70-2005.
    (3) Except when supplying specific appliances, be parallel-blade, 
15-ampere, 125-volt, either single or duplex.
    (b) All 125-volt, single-phase, 15- and 20-ampere receptacle outlets 
installed outdoors, or in compartments accessible from outside the 
manufactured home, and in bathrooms, including receptacles in light 
fixtures, must have ground-fault circuit-interrupter protection for 
personnel. Ground-fault circuit-interrupter protection for personnel 
must be provided for receptacles serving countertops in kitchens and 
receptacle outlets located within 6 feet of a wet bar sink, except for 
receptacles installed for appliances in dedicated spaces, such as 
dishwashers, disposals, refrigerators, freezers, and laundry equipment.
    (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, closet, and 
hall areas, receptacle outlets must be installed at wall spaces 2 feet 
or more wide, so that no point along the floor line is more than 6 feet, 
measured horizontally, from an outlet in that space. Receptacle outlets 
in floors shall not be counted as part of the required number of 
receptacle outlets, unless located within 18 inches of the wall. In 
addition, a receptacle outlet must be installed in the following 
locations:

[[Page 131]]

    (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) At least one wall receptacle outlet shall be installed in 
bathrooms within 36 inches (914 mm) of the outside edge of each basin. 
The receptacle outlet must be located on a wall that is adjacent to the 
basin location. This receptacle is in addition to any receptacle that is 
part of a lighting fixture or appliance. The receptacle must not be 
enclosed within a bathroom cabinet or vanity.
    (10) On the underside of the home for the connection of pipe heating 
cable(s) or heat tape(s), and the outlet must:
    (i) Be located within 2 feet of the cold water inlet;
    (ii) Be connected to an interior branch circuit, other than a small 
appliance branch circuit;
    (iii) Be located on a circuit where all of the outlets are on the 
load side of the ground-fault circuit-interrupter protection for 
personnel; and
    (iv) Not be considered as the receptacle outlet required by 
paragraph (8) of this section.
    (11) 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.
    (g) Receptacles must not be in a face-up position in any countertop.

[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, 
as amended at 58 FR 55020, Oct. 25, 1993; 70 FR 72052, Nov. 30, 2005; 78 
FR 73991, Dec. 9, 2013]



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) Where a lighting fixture is installed over a bathtub or in a 
shower stall, it must be listed for wet locations. [See also Article 
410.4(D) of the National Electrical Code NFPA No. 70-2005.]
    (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; 
70 FR 72052, Nov. 30, 2005; 78 FR 73991, Dec. 9, 2013]

[[Page 132]]



Sec. 3280.808  Wiring methods and materials.

    (a) Except as specifically permitted by this part, the wiring 
methods and materials specified in the National Electrical Code, NFPA 
No. 70-2005, must 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 metal faceplates are used, they must 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) Where rigid metal conduit or intermediate metal conduit is 
terminated at an enclosure with a locknut and bushing connection, two 
locknuts must be provided, one inside and one outside of the enclosure. 
Rigid nonmetallic conduit or electrical nonmetallic tubing is permitted. 
All cut ends of conduit and tubing must be reamed or otherwise finished 
to remove rough edges.
    (i) Switches must be rated as follows:
    (1) For lighting circuits, switches must be rated not less than 10 
amperes, 120 to 125 volts, and in no case less than 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 (120 volts, nominal 
or higher) wiring is exposed to moisture or physical damage, it must be 
protected by rigid metal conduit or intermediate metal conduit. The 
conductors must be suitable for wet locations. Electrical metallic 
tubing or rigid nonmetallic conduit is permitted to be used when closely 
routed against frames and equipment enclosures.
    (l) Outlet boxes of dimensions less than those required in Table 
314.16(A) of the National Electrical Code, NFPA No. 70-2005, are 
permitted provided the box has been tested and approved for that 
purpose.
    (m) Boxes, fittings, and cabinets shall be securely fastened in 
place, and shall 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.
    (n) Outlet boxes must fit closely to openings in combustible walls 
and ceilings and must be flush with the finish surface or project 
therefrom. In walls and ceilings of noncombustible material, outlet 
boxes and fittings must be installed so that the front edge of the box 
or fitting will not be set back from the finished surface more than \1/
4\ inch.

[[Page 133]]

Plaster, drywall, or plasterboard surfaces that are broken or incomplete 
must be repaired so that there will be no gaps or open spaces greater 
than \1/8\ inch at the edge of the box or fitting.
    (o) Appliances having branch-circuit terminal connections which 
operate at temperatures higher than 60 C (140 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 may be run from the appliance terminal connections to a 
readily accessible outlet box placed at least one foot from the 
appliance. If provided, these conductors must be in a suitable raceway 
or Type AC or MC cable, of at least 18 inches but not more than 6 feet 
in length.
    (p) A substantial brace for securing a box, fitting, or cabinet must 
be as described in the National Electrical Code, NFPA 70-2005, Article 
314.23(B), or the brace, including the fastening mechanism to attach the 
brace to the home structure, must 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 on which the box is installed.
    (q) 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; 70 FR 72052, Nov. 30, 2005; 78 
FR 73991, Dec. 9, 2013]



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 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

[[Page 134]]

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  width  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 
 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 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

[[Page 135]]

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  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  10  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 are permitted to have the neutral load determined 
by Article 220.61 of the National Electrical Code, NFPA No. 70-2005. The 
loads identified in the table as ``other load'' and as ``Remainder of 
other load'' must 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.

  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; 70 FR 72052, Nov. 30, 2005]

[[Page 136]]



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 a branch circuit designed to 
energize outside heating equipment or air-conditioning equipment, other 
than room air conditioners, or both, located outside the manufactured 
home, other than room air conditioners, must have such branch-circuit 
conductors terminate in a listed outlet box, or disconnecting means, 
located on the outside of the manufactured home.
    (1) A label must be permanently affixed adjacent to the outlet box. 
The label must be not less than 0.020-inches thick etched brass, 
stainless steel, anodized or alclad aluminum, or equivalent, and must 
not be less than 3 inches  1\3/4\ inches in size.
    (2)(i) The label must include the correct voltage and ampere rating 
and the following information:

    THIS CONNECTION IS FOR HEATING AND/OR AIR-CONDITIONING EQUIPMENT. 
THE BRANCH CIRCUIT IS RATED AT NOT MORE THAN__AMPERES, AT__VOLTS, 60-
HERTZ,__CONDUCTOR AMPACITY. A DISCONNECTING MEANS IS LOCATED WITHIN 
SIGHT OF THE EQUIPMENT.

    (ii) The correct voltage and ampere rating shall be given. The tag 
must be not less than 0.020-inches thick etched brass, stainless steel, 
anodized or alclad aluminum, or equivalent. The tag must have a minimum 
size of not less than 3 inches  1\3/4\ inches.

[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; 78 FR 73992, Dec. 9, 2013]



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)(1) Except as provided in paragraph (a)(2) of this section, the 
white conductor must be employed for the grounded (neutral) circuit 
conductors only and must be connected to the white terminal or lead on 
receptacle outlets and fixtures. The grounded conductor must be the 
unswitched wire in switched circuits.
    (2) A cable containing an insulated conductor with a white or 
natural gray outer finish or a marking of three continuous white stripes 
may be used for single-pole, three-way, or four-way switch loops, where 
this conductor is used for the supply to the switch, but not as a return 
conductor from the switch to the switched outlet. In these applications, 
the conductor with white or natural gray insulation or with three 
continuous white stripes must be permanently re-identified to indicate 
its use by painting or other effective means at its terminations and at 
each location where the conductor is visible and accessible.
    (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.

[[Page 137]]

    (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; 78 FR 73992, Dec. 9, 2013]



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 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

[[Page 138]]

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 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

[[Page 139]]

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.
    (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_Retailer and Distributor Responsibilities

3282.251  Scope and purpose.
3282.252  Prohibition of sale.
3282.253  Removal of prohibition of sale.
3282.254  Distributor and retailer alterations.
3282.255  Completion of information card.
3282.256  Distributor or retailer complaint handling.

                 Subpart G_State Administrative Agencies

3282.301  General--scope.
3282.302  State plan.

[[Page 140]]

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.

                  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 provisions.
3282.403  Consumer complaint and information referral.
3282.404  Manufacturers' determinations and related concurrences.
3282.405  Notification pursuant to manufacturer's determination.
3282.406  Required manufacturer correction.
3282.407  Voluntary compliance with the notification and correction 
          requirements under the Act.
3282.408  Plan of notification required.
3282.409  Contents of plan.
3282.410  Implementation of plan.
3282.411  SAA initiation of remedial action.
3282.412  Preliminary and final administrative determinations.
3282.413  Implementation of Final Determination.
3282.414  Replacement or repurchase of homes after sale to purchaser.
3282.415  Correction of homes before sale to purchaser.
3282.416  Oversight of notification and correction activities.
3282.417  Recordkeeping requirements.
3282.418  Factors for appropriateness and amount of civil penalties.

           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.

   Subpart M_On-Site Completion of Construction of Manufactured Homes

3282.601  Purpose and applicability.
3282.602  Construction qualifying for on-site completion.
3282.603  Request for approval; DAPIA review, notification, and 
          approval.
3282.604  DAPIA responsibilities.
3282.605  Requirements applicable to completion of construction.
3282.606  Consumer information.
3282.607  IPIA responsibilities.
3282.608  Manufacturer responsibilities.
3282.609  Revocation or amendment of DAPIA approval.
3282.610  Failure to comply with the procedures of this subpart.
3282.611  Compliance with this subpart.

    Authority: 28 U.S.C. 1 note; 28 U.S.C. 2461 note; 42 U.S.C. 3535(d) 
and 5424.

    Source: 41 FR 19852, May 13, 1976, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 3282 appear at 78 FR 
60199, Oct. 1, 2013.



                            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

[[Page 141]]

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 
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 retailer or distributor but prior to sale by a retailer 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 that 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

[[Page 142]]

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) [Reserved]
    (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).
    (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) [Reserved]
    (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, but does 
not include those activities regulated under the installation standards 
in this chapter.
    (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:

[[Page 143]]

    (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 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) Retailer 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.
    (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) Substantial completion. A manufactured home is substantially 
completed if all aspects of construction that can be finished in the 
manufacturer's plant are completed, except as provided in Sec. 3282.603.
    (ll) 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.
    (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; 78 FR 60199, Oct. 1, 2013; 80 FR 53727, Sept. 8, 2015]



Sec. 3282.8  Applicability.

    (a) Manufactured 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).

[[Page 144]]

    (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 retailers and distributors. This part applies 
to any person selling, leasing, or distributing new manufactured homes 
for use in the United States. It includes prohibitions 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 retailer or some other party not 
the manufacturer (except where the manufacturer acts as a retailer) 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

[[Page 145]]

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; 80 FR 53727, Sept. 8, 2015]



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 $2,795 for each violation, up to a 
maximum of $3,493,738 for any related series of violations occurring 
within one year from the date of the first violation.

[82 FR 24525, May 30, 2017]



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]

[[Page 146]]



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.
    (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

[[Page 147]]

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,
    (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.

[[Page 148]]

    (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 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

[[Page 149]]

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 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 retailers 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

[[Page 150]]

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).
    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 retailer 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 
Administrator, Office of Manufactured Housing Programs, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Washington, DC 20410.

[78 FR 60199, Oct. 1, 2013]



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

[[Page 151]]

    (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 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.

[[Page 152]]

    (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]



   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 2 CFR part 2424, the procedures of 2 CFR part 2424 
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; 72 FR 73497, Dec. 27, 2007]



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.

[[Page 153]]

    (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 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.

[[Page 154]]

    (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 
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]

[[Page 155]]



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 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 manufacturers 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

[[Page 156]]

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,
    (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 alarms, 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

[[Page 157]]

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. When applicable under Sec. 3282.605, the IPIA must 
concur in the change before it can be approved by the DAPIA.
    (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.

[41 FR 19852, May 13, 1976, as amended at 67 FR 12818, Mar. 19, 2002; 80 
FR 53727, Sept. 8, 2015]



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.
    (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 a failure to 
conform to a standard exists in a manufactured home under production, 
the manufacturer must correct the failure to conform in any manufactured 
home still in the factory and held by distributors or retailers and 
shall carry out remedial actions under Sec. 3282.416(a) with respect to 
any other manufactured homes which may contain the same failure to 
conform.

[41 FR 19852, May 13, 1976, as amended at 78 FR 60199, Oct. 1, 2013]



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

[[Page 158]]

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 
retailer 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, 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 retailer or distributor may interfere with the distribution 
of the consumer manual. When necessary, the retailer or distributor 
shall take any appropriate steps to assure that the purchaser receives a 
consumer manual from the manufacturer.
    (e) Dispute resolution information. (1) The manufacturer must 
include the following language under a heading of ``Dispute Resolution 
Process'' in the consumer manual:

    Many states have a consumer assistance or dispute resolution program 
that homeowners may use to resolve problems with manufacturers, 
retailers, or installers concerning defects in their manufactured homes 
that render part of the home unfit for its intended use. Such state 
programs may include a process to resolve a dispute among a 
manufacturer, a retailer, and an installer about who will correct the 
defect. In states where there is not a dispute resolution program

[[Page 159]]

that meets the federal requirements, the HUD Manufactured Home Dispute 
Resolution Program will operate. These are ``HUD-administered states.'' 
The HUD Manufactured Home Dispute Resolution Program is not for cosmetic 
or minor problems in the home. You may contact the HUD Manufactured 
Housing Program Office at (202) 708-6423 or (800) 927-2891, or visit the 
HUD website at www.hud.gov to determine whether your state has a state 
program or whether you should use the HUD Manufactured Home Dispute 
Resolution Program. Contact information for state programs is also 
available on the HUD website. If your state has a state program, please 
contact the state for information about the program, how it operates, 
and what steps to take to request dispute resolution. When there is no 
state dispute resolution program, a homeowner may use the HUD 
Manufactured Home Dispute Resolution Program to resolve disputes among 
the manufacturer, retailer, and installer about responsibility for the 
correction or repair of defects in the manufactured home that were 
reported during the 1-year period starting on the date of installation. 
Even after the 1-year period, manufacturers have continuing 
responsibility to review certain problems that affect the intended use 
of the manufactured home or its parts, but for which correction may no 
longer be required under federal law.

    (2) The manufacturer must include the following language under a 
heading of ``Additional Information `` HUD Manufactured Home Dispute 
Resolution Program'' in the consumer manual:

    The steps and information outlined below apply only to the HUD 
Manufactured Home Dispute Resolution Program that operates in HUD-
administered states, as described under the heading ``Dispute Resolution 
Information'' in this manual. Under the HUD Manufactured Home Dispute 
Resolution Program, homeowners must report defects to the manufacturer, 
retailer, installer, a State Administrative Agency, or HUD within 1 year 
after the date of the first installation. Homeowners are encouraged to 
report defects in writing, including, but not limited to, email, written 
letter, certified mail, or fax, but they may also make a report by 
telephone. To demonstrate that the report was made within 1 year after 
the date of installation, homeowners should report defects in a manner 
that will create a dated record of the report: for example, by certified 
mail, by fax, or by email. When making a report by telephone, homeowners 
are encouraged to make a note of the phone call, including names of 
conversants, date, and time. No particular format is required to submit 
a report of an alleged defect, but any such report should at a minimum 
include a description of the alleged defect, the name of the homeowner, 
and the address of the home.
    Homeowners are encouraged to send reports of an alleged defect first 
to the manufacturer, retailer, or installer of the manufactured home, or 
a State Administrative Agency. Reports of alleged defects may also be 
sent to HUD at: HUD, Office of Regulatory Affairs and Manufactured 
Housing, Attn: Dispute Resolution, 451 Seventh Street, SW., Washington, 
DC 20410-8000; faxed to (202) 708-4213; e-mailed to [email protected], or 
reported telephonically at (202) 708-6423 or (800) 927-2891.
    If, after taking the steps outlined above, the homeowner does not 
receive a satisfactory response from the manufacturer, retailer, or 
installer, the homeowner may file a dispute resolution request with the 
dispute resolution provider in writing, or by making a request by phone. 
No particular format is required to make a request for dispute 
resolution, but the request should generally include the following 
information:
    (1) The name, address, and contact information of the homeowner;
    (2) The name and contact information of the manufacturer, retailer, 
and installer of the manufactured home;
    (3) The date or dates the report of the alleged defect was made;
    (4) Identification of the entities or persons to whom each report of 
the alleged defect was made and the method that was used to make the 
report;
    (5) The date of installation of the manufactured home affected by 
the alleged defect; and
    (6) A description of the alleged defect.
    Information about the dispute resolution provider and how to make a 
request for dispute resolution is available at http://www.hud.gov or by 
contacting the Office of Manufactured Housing Programs at (202) 708-6423 
or (800) 927-2891.
    A screening agent will review the request and, as appropriate, 
forward the request to the manufacturer, retailer, installer, and 
mediator. The mediator will mediate the dispute and attempt to 
facilitate a settlement. The parties to a settlement include, as 
applicable, the manufacturer, retailer, and installer. If the parties 
are unable to reach a settlement that results in correction or repair of 
the alleged defect, any party or the homeowner may request nonbinding 
arbitration. Should any party refuse to participate, the arbitration 
shall proceed without that party's input. Once the arbitrator makes a 
non-binding recommendation, the arbitrator will forward it to the 
parties and HUD. HUD will have the option of adopting, modifying, or 
rejecting the recommendation when issuing an order requiring the 
responsible party or parties to make any corrections or repairs in the 
home. At any time before HUD

[[Page 160]]

issues a final order, the parties may submit an offer of settlement to 
HUD that may, at HUD's discretion, be incorporated into the order.
    In circumstances where the parties agree that one or more of them, 
and not the homeowner, is responsible for the alleged defect, the 
parties will have the opportunity to resolve the dispute outside of the 
HUD Mediation and Arbitration process by using the Alternative Process. 
Homeowners will maintain the right to be informed in writing of the 
outcome when the Alternative Process is used, within 5 days of the 
outcome. At any time after 30 days of the Alternative Process 
notification, any participant or the homeowner may invoke the HUD 
Manufactured Home Dispute Resolution Program and proceed to mediation.
    The HUD Manufactured Home Dispute Resolution Program is not a 
warranty program and does not replace the manufacturer's or any other 
warranty program.

    (f) 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 includes the language 
in paragraph (e) of this section and 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 manufactured 
homes. 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, as amended at 72 FR 27228, May 14, 2007]



Sec. 3282.208  Remedial actions--general description.

    (a) Notification. A manufacturer may be required to provide formal 
notice to manufactured home owners and retailers, 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.



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]

[[Page 161]]



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 
retailer, please be sure that your retailer has completed and mailed a 
card for you. If you acquired your home from someone who is not a 
retailer, 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 retailer 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_Retailer and Distributor Responsibilities



Sec. 3282.251  Scope and purpose.

    (a) This subpart sets out the responsibilities which shall be met by 
distributors and retailers 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 
retailer 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 
retailers when 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 retailer for purposes of that transaction.



Sec. 3282.252  Prohibition of sale.

    (a) No distributor or retailer 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

[[Page 162]]

    (2) The distributor or retailer, acting as a reasonable distributor 
or retailer, 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 retailer 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 retailer completes installation of the 
manufactured home, if the retailer has agreed to provide the 
installation, or at the time the retailer delivers the home to a 
transporter, if the retailer has not agreed to transport or install the 
manufactured home. The sale is also complete upon delivery to the site 
if the retailer has not agreed to provide installation as completion of 
sale, except that any sale or lease under subpart M and as provided in 
Sec. 3286.117(a) will not be considered complete until the purchaser or 
lessor, as applicable, has been provided with a final site inspection 
report.
    (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.

[41 FR 19852, May 13, 1976, as amended at 80 FR 53727, Sept. 8, 2015]



Sec. 3282.253  Removal of prohibition of sale.

    (a) If a distributor or retailer has a manufactured home in its 
possession or a manufactured home with respect to a sales transaction 
has not yet been completed, and a distributor or retailer 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 retailer may seek the remedies available 
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 retailer, acting as a reasonable distributor 
or retailer, may accept the remedies provided by the manufacturer as 
having corrected the failure to conform or imminent safety hazard. The 
distributor or retailer, therefore, may sell, lease, or offer for sale 
or lease any manufactured home so corrected by the manufacturer.
    (c) When a distributor or retailer 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 retailer may sell, 
or lease or offer for sale or lease the manufactured home in question, 
provided that the distributor or retailer, acting as a reasonable 
distributor or retailer knows that the manufactured home conforms to the 
standards. A distributor or retailer and a manufacturer, at the 
manufacturer's option, may agree in advance that the distributor or 
retailer 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.

[41 FR 19852, May 13, 1976, as amended at 78 FR 60199, Oct. 1, 2013]



Sec. 3282.254  Distributor and retailer alterations.

    (a) If a distributor or retailer 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 retailer 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 retailers shall maintain complete records of 
all alterations made under paragraphs (a) and (b) of this section.

[[Page 163]]



Sec. 3282.255  Completion of information card.

    (a) Whenever a distributor or retailer sells a manufactured home 
subject to the standards to a purchaser, the distributor or retailer 
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 retailer sells a manufactured home to 
an owner which was originally manufactured under the standards, the 
distributor or retailer 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 retailer 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 retailer complaint handling.

    (a) When a distributor or retailer 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 retailer shall refer the matter to the manufacturer for 
remedial action under Sec. 3282.415. If the distributor or retailer 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 retailer receives a consumer complaint or 
other information concerning a manufactured home sold by the distributor 
or retailer, indicating the possible existence of an imminent safety 
hazard, serious defect, defect, or noncompliance in the manufactured 
home, the distributor or retailer 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 an SAA under this subpart 
shall make a State Plan Application under this section. The State Plan 
Application shall be made to the Administrator, Office of Manufactured 
Housing Programs, Office of Housing, Department of Housing and Urban 
Development, 451 7th 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 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

[[Page 164]]

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 SAA is to act under that subpart by 
providing the required approval by the SAA of the plan for notification 
and correction described in Secs. 3282.408, 3282.409, and 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 and correction or for which the SAA 
has waived formal notification under subpart I.
    (ii) A manufacturer's handling of consumer complaints and other 
information under subpart I as to plants located in 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 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 retailers 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

[[Page 165]]

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; 78 FR 60199, Oct. 
1, 2013]



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 retailers' lots within the State for 
transit damage, seal tampering, and retailer performance generally,
    (b) Provision of approvals of all alterations made to certified 
manufactured homes by retailer 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 
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.

[[Page 166]]



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 
retailer, 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 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;

[[Page 167]]

    (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. 3282.412 of subpart I, the SAA 
shall follow the procedures set out in Secs. 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 statewide 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; 
78 FR 60199, Oct. 1, 2013]



                  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.
    (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

[[Page 168]]

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 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 that wish to act as primary 
inspection agencies shall submit to the Administrator, Office of 
Manufactured Housing Programs, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street SW., Washington, DC 20410,

[[Page 169]]

an application that 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; 78 
FR 60199, Oct. 1, 2013]



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 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

[[Page 170]]

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 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

[[Page 171]]

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 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.

[[Page 172]]

    (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 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.

[[Page 173]]

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 must be approved by the DAPIA, and, 
when subject to Sec. 3282.604, concurred in by the IPIA. 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

[[Page 174]]

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; 80 
FR 53727, Sept. 8, 2015]



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 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

[[Page 175]]

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 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

[[Page 176]]

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 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

[[Page 177]]

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.
    (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

[[Page 178]]

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, retailer 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 retailers and purchasers.
    (5) Records of all site inspections made as required under 
procedures applicable to approval of AC or on-site completion pursuant 
to Secs. 3282.14 or 3282.610.
    (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.

[[Page 179]]

    (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; 80 FR 53727, Sept. 8, 2015]



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 retailers 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. 3282.412 
with respect to manufactured homes for which the IPIA and DAPIA provided 
either plant inspection or design approval services.
    (b) The IPIA must in each manufacturing plant review at least 
monthly the manufacturer's service and inspection records to verify if 
appropriate determinations are being made by the manufacturer under 
Sec. 3282.404 and, if not, take the actions required by this section and 
Sec. 3282.404.
    (c) The IPIA in each manufacturing plant is also responsible for 
reviewing manufacturer determinations of the class of manufactured homes 
affected when the manufacturer is acting under subpart I. The IPIA must 
concur in the method used to determine the class of potentially affected 
manufactured homes or is to state why it finds the method to be 
inappropriate, inadequate, or incorrect.

[78 FR 60200, Oct. 1, 2013]

[[Page 180]]



       Subpart I_Consumer Complaint Handling and Remedial Actions

    Source: 78 FR 60200, Oct. 1, 2013, unless otherwise noted.



Sec. 3282.401  Purpose and scope.

    (a) Purpose. The purpose of this subpart is to establish a system of 
protections provided by the Act with respect to imminent safety hazards 
and failures to conform to the construction and safety standards with a 
minimum of formality and delay, while protecting the rights of all 
parties.
    (b) Scope. This subpart sets out the procedures to be followed by 
manufacturers, retailers, and distributors, SAAs, primary inspection 
agencies, and the Secretary to assure that notification and correction 
are provided with respect to manufactured homes when required under this 
subpart. Notification and correction may be required with respect to 
manufactured homes that have been sold or otherwise released by the 
manufacturer to another party.



Sec. 3282.402  General provisions.

    (a) Purchaser's rights. Nothing in this subpart shall limit the 
rights of the purchaser under any contract or applicable law.
    (b) Manufacturer's liability limited. A manufacturer is not 
responsible for failures that occur in any manufactured home or 
component as the result of normal wear and aging, consumer abuse, or 
neglect of maintenance. The life of a component warranty may be one of 
the indicators used to establish normal wear and aging. A failure of any 
component may not be attributed by the manufacturer to normal wear and 
aging under this subpart during the term of any applicable warranty 
provided by the original manufacturer of the affected component.



Sec. 3282.403  Consumer complaint and information referral.

    (a) Retailer responsibilities. When a retailer receives a consumer 
complaint or other information about a home in its possession, or that 
it has sold or leased, that likely indicates a noncompliance, defect, 
serious defect, or imminent safety hazard, the retailer must forward the 
complaint or information to the manufacturer of the manufactured home in 
question as early as possible, in accordance with Sec. 3282.256.
    (b) SAA and HUD responsibilities. (1) When an SAA or the Secretary 
receives a consumer complaint or other information that likely indicates 
a noncompliance, defect, serious defect, or imminent safety hazard in a 
manufactured home, the SAA or HUD must:
    (i) Forward the complaint or information to the manufacturer of the 
home in question as early as possible; and
    (ii) 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.
    (2) When it appears from the complaint or other information that an 
imminent safety hazard or serious defect may be involved, the SAA of the 
State where the home was manufactured must also send a copy of the 
complaint or other information to the Secretary.
    (c) Manufacturer responsibilities. Whenever the manufacturer 
receives information from any source that the manufacturer believes in 
good faith relates to a noncompliance, defect, serious defect, or 
imminent safety hazard in any of its manufactured homes, the 
manufacturer must, for each such occurrence, make the determinations 
required by Sec. 3282.404.



Sec. 3282.404  Manufacturers' determinations and related concurrences.

    (a) Initial determination. (1) Not later than 30 days after a 
manufacturer receives information that it believes in good faith may 
indicate a noncompliance, defect, serious defect, or imminent safety 
hazard, the manufacturer must make a specific initial determination that 
there is a noncompliance, defect, serious defect, or imminent safety 
hazard, or that the information requires no further action under this 
subpart. If a manufacturer makes a final determination of noncompliance 
for an individual home (see Sec. 3282.412(b)) and a class of homes is 
not involved, no further action is needed by the manufacturer other than 
to keep a record of its determination as required

[[Page 181]]

by Sec. 3282.417. If the manufacturer determines that it is not the 
cause of the problem, but a problem still exists, the manufacturer must 
forward the information in its possession to the appropriate retailer 
(see Sec. 3282.254), and, if known, to the installer (see Secs. 3286.115 
and 3286.811) for their consideration. Alternatively, the manufacturer, 
retailer, or installer may choose to submit the issue for resolution 
under dispute resolution (see 24 CFR part 3288).
    (2) When a manufacturer makes an initial determination that there is 
a serious defect or an imminent safety hazard, the manufacturer must 
immediately notify the Secretary, the SAA in the state of manufacture, 
and the manufacturer's IPIA.
    (3) In making the determination of noncompliance, defect, serious 
defect, or imminent safety hazard, or that no further action is required 
under this subpart, the manufacturer must review the information it 
received and carry out investigations, including, a review of service 
records, IPIA inspection records, and, as appropriate, inspections of 
homes in the class. The manufacturer must review the information, the 
known facts, and the circumstances relating to the complaint or 
information, including service records, approved designs, and audit 
findings, as applicable, to decide what investigations are reasonable.
    (b) Class determination. (1) When the manufacturer makes an initial 
determination of defect, serious defect, or imminent safety hazard, the 
manufacturer must also make a good-faith determination of the class that 
includes each manufactured home in which the same defect, serious 
defect, or imminent safety hazard exists or likely exists. Multiple 
occurrences of defects may be considered the same defect if they have 
the same cause, are related to a specific workstation description, or 
are related to the same failure to follow the manufacturer's approved 
quality assurance manual. Good faith may be used as a defense to the 
imposition of a penalty, but does not relieve the manufacturer of its 
responsibilities for notification or correction under this subpart I. 
The manufacturer must make this class determination not later than 20 
days after making a determination of defect, serious defect, or imminent 
safety hazard.
    (2) Paragraph (c) of this section sets out methods for a 
manufacturer to use in determining the class of manufactured homes. If 
the manufacturer can identify the precise manufactured homes affected by 
the defect, serious defect, or imminent safety hazard, the class of 
manufactured homes may include only those manufactured homes actually 
affected by the same defect, serious defect, or imminent safety hazard. 
The manufacturer is also permitted to exclude from the class those 
manufactured homes for which the manufacturer has information that 
indicates the homes were not affected by the same cause. If it is not 
possible to identify the precise manufactured homes affected, the class 
must include every manufactured home in the group of homes that is 
identifiable, since the same defect, serious defect, or imminent safety 
hazard exists or likely exists in some homes in that group of 
manufactured homes.
    (3) For purposes related to this section, a defect, a serious 
defect, or an imminent safety hazard likely exists in a manufactured 
home if the cause of the defect, serious defect, or imminent safety 
hazard is such that the same defect, serious defect, or imminent safety 
hazard would likely have been introduced systematically into more than 
one manufactured home. Indications that the defect, serious defect, or 
imminent safety hazard would likely have been introduced systematically 
may include, but are not limited to, complaints that can be traced to 
the same faulty design or faulty construction, problems known to exist 
in supplies of components or parts, information related to the 
performance of a particular employee or use of a particular process, and 
information signaling a failure to follow quality control procedures 
with respect to a particular aspect of the manufactured home.
    (4) If the manufacturer must determine the class of homes pursuant 
to paragraph (b) of this section, the manufacturer must obtain from the 
IPIA, and the IPIA must provide, either:
    (i) The IPIA's written concurrence on the methods used by the 
manufacturer

[[Page 182]]

to identify the homes that should be included in the class of homes; or
    (ii) The IPIA's written statement explaining why it believes the 
manufacturer's methods for determining the class of homes were 
inappropriate or inadequate.
    (c) Methods for determining class. (1) In making a class 
determination under paragraph (b) of this section, a manufacturer is 
responsible for carrying out reasonable investigations. In carrying out 
investigations, the manufacturer must review the information, the known 
facts, and the relevant circumstances, and generally must establish the 
cause of the defect, serious defect, or imminent safety hazard. Based on 
the results of such investigations and all information received or 
developed, the manufacturer must use an appropriate method or 
appropriate methods to determine the class of manufactured homes in 
which the same defect, serious defect, or imminent safety hazard exists 
or likely exists.
    (2) Methods that may be used in determining the class of 
manufactured homes include, but are not limited to:
    (i) Inspection of the manufactured home in question, including its 
design, to determine whether the defect, serious defect, or imminent 
safety hazard resulted from the design itself;
    (ii) Physical inspection of manufactured homes of the same design or 
construction, as appropriate, that were produced before and after a home 
in question;
    (iii) Inspection of the service records of a home in question and of 
homes of the same design or construction, as appropriate, produced 
before and after that home, if it is clear that the cause of the defect, 
serious defect, or imminent safety hazard is such that the defect, 
serious defect, or imminent safety hazard would be visible to and 
reportable by consumers or retailers;
    (iv) Inspection of manufacturer quality control records to determine 
whether quality control procedures were followed and, if not, the time 
frame during which they were not;
    (v) Inspection of IPIA records to determine whether the defect, 
serious defect, or imminent safety hazard was either detected or 
specifically found not to exist in some manufactured homes;
    (vi) Identification of the cause as relating to a particular 
employee whose work, or to a process whose use, would have been common 
to the production of the manufacturer's homes for a period of time; and
    (vii) Inspection of records relating to components supplied by other 
parties and known to contain or suspected of containing a defect, a 
serious defect, or an imminent safety hazard.
    (3) When the Secretary or an SAA decides the method chosen by the 
manufacturer to conduct an investigation in order to make a class 
determination is not the most appropriate method, the Secretary or SAA 
must explain in writing to the manufacturer why the chosen method is not 
the most appropriate.
    (d) Documentation required. The manufacturer must comply with the 
recordkeeping requirements in Sec. 3282.417 as applicable to its 
determinations and any IPIA concurrence or statement that it does not 
concur.



Sec. 3282.405  Notification pursuant to manufacturer's determination.

    (a) General requirement. Every manufacturer of manufactured homes 
must provide notification, as set out in this section, with respect to 
any manufactured home produced by the manufacturer in which the 
manufacturer determines, in good faith, that there exists or likely 
exists in more than one home, the same defect introduced systematically, 
a serious defect, or an imminent safety hazard.
    (b) Requirements by category. (1) Noncompliance. A manufacturer must 
provide notification of a noncompliance only when ordered to do so by 
the Secretary or an SAA, pursuant to Secs. 3282.412 and 3282.413.
    (2) Defects. When a manufacturer has made a class determination in 
accordance with Sec. 3282.404 that a defect exists or likely exists in 
more than one home, the manufacturer must prepare a plan for 
notification in accordance with Sec. 3282.408, and must provide 
notification with respect to each manufactured home in the class of 
manufactured homes.
    (3) Serious defects and imminent safety hazards. When a manufacturer 
has

[[Page 183]]

made an initial determination in accordance with Sec. 3282.404(a) that a 
serious defect or imminent safety hazard exists or likely exists, the 
manufacturer must prepare a plan for notification in accordance with 
Sec. 3282.408, must provide notification with respect to all 
manufactured homes in which the serious defect or imminent safety hazard 
exists or likely exists, and must correct the home or homes in 
accordance with Sec. 3282.406.
    (c) Plan for notification required. (1) If a manufacturer determines 
that it is responsible for providing notification under this section, 
the manufacturer must prepare and receive approval on a plan for 
notification as set out in Sec. 3282.408, unless the manufacturer meets 
alternative requirements established in Sec. 3282.407.
    (2) If the Secretary or SAA orders a manufacturer to provide 
notification in accordance with the procedures in Secs. 3282.412 and 
3282.413, the Secretary or SAA has the option of requiring a 
manufacturer to prepare and receive approval on a plan for notification.
    (d) Method of notification. When a manufacturer provides 
notification as required under this section, notification must be:
    (1) By certified mail or other more expeditious means that provides 
a receipt to each retailer or distributor to whom any manufactured home 
in the class of homes containing the defect, serious defect, or imminent 
safety hazard was delivered;
    (2) By certified mail or other more expeditious means that provides 
a receipt to the first purchaser of each manufactured home in the class 
of manufactured homes containing the defect, serious defect, or imminent 
safety hazard, and, to the extent feasible, 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, 
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 or other more expeditious means that provides 
a receipt to each other person who is a registered owner of a 
manufactured home in the class of homes containing the defect, serious 
defect, or imminent safety hazard and whose name has been ascertained 
pursuant to Sec. 3282.211 or is known to the manufacturer.



Sec. 3282.406  Required manufacturer correction.

    (a) Correction of noncompliances and defects. (1) Section 3282.415 
sets out requirements with respect to a manufacturer's correction of any 
noncompliance or defect that exists in each manufactured home that has 
been sold or otherwise released to a retailer but that has not yet been 
sold to a purchaser.
    (2) In accordance with section 623 of the Act and Part 3288, 
``Manufactured Home Dispute Resolution Program,'' of this chapter, the 
manufacturer, retailer, or installer of a manufactured home deemed 
responsible for correction of repairs or defects must correct, at its 
expense, each failure in the performance, construction, components, or 
material of the home that renders the home or any part of the home not 
fit for the ordinary use for which it was intended and that is reported 
during the one-year period beginning on the date of installation of the 
home (see Sec. 3286.115).
    (b) Correction of serious defects and imminent safety hazards. (1) A 
manufacturer required to furnish notification under Sec. 3282.405 or 
Sec. 3282.413 must correct, at its expense, any serious defect or 
imminent safety hazard 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 into 
the manufactured home by the manufacturer.
    (2) If, while 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.
    (3) Each serious defect or imminent safety hazard corrected under 
this paragraph (b) must be brought into compliance with applicable 
construction and safety standards or, where

[[Page 184]]

those standards are not specific, with the manufacturer's approved 
design.
    (c) Inclusion in plan. (1) In the plan required by Sec. 3282.408, 
the manufacturer must provide for correction of those homes that are 
required to be corrected pursuant to paragraph (b) of this section.
    (2) If the Secretary or SAA orders a manufacturer to provide 
correction in accordance with the procedures in Sec. 3282.413, the 
Secretary or SAA has the option of requiring a manufacturer to prepare 
and receive approval on a plan for correction.
    (d) Corrections by owners. A manufacturer that is required to make 
corrections under paragraph (b) of this section, or that elects to make 
corrections in accordance with Sec. 3282.407, must reimburse any owner 
of an affected manufactured home who choses to make the correction 
before the manufacturer did so, for the reasonable cost of correction.
    (e) Correction of appliances, components, or systems. (1) If any 
appliance, component, or system in a manufactured home is covered by a 
product warranty, the manufacturer, retailer, or installer that is 
responsible under this section for correcting a noncompliance, defect, 
serious defect, or imminent safety hazard in the appliance, component, 
or system may seek the required correction directly from the producer. 
The SAA that approves any plan of notification required pursuant to 
Sec. 3282.408 or the Secretary, as applicable, may establish reasonable 
time limits for the manufacturer of the home and the producer of the 
appliance, component, or system to agree on who is to make the 
correction and for completing the correction.
    (2) Nothing in this section shall prevent the manufacturer, 
retailer, or installer from seeking indemnification from the producer of 
the appliance, component, or system for correction work done on any 
appliance, component, or system.



Sec. 3282.407  Voluntary compliance with the notification and correction
requirements under the Act.

    A manufacturer that takes corrective action that complies with one 
of the following three alternatives to the requirement in Sec. 3282.408 
for preparing a plan will be deemed to have provided any notification 
required by Sec. 3282.405:
    (a) Voluntary action--one home. When a manufacturer has made a 
determination that only one manufactured home is involved, the 
manufacturer is not required to provide notification pursuant to 
Sec. 3282.405 or to prepare or submit a plan if:
    (1) The manufacturer has made a determination of defect; or
    (2) The manufacturer has made a determination of serious defect or 
imminent safety hazard and corrects the home within the 20-day period. 
The manufacturer must maintain, in the plant where the manufactured home 
was manufactured, a complete record of the correction. The record must 
describe briefly the facts of the case and any known cause of the 
serious defect or imminent safety hazard, state what corrective actions 
were taken, and be maintained in the service records in a form that will 
allow the Secretary or an SAA to review all such corrections.
    (b) Voluntary action--multiple homes. Regardless of whether a plan 
has been submitted under Sec. 3282.408, the manufacturer may act prior 
to obtaining approval of the plan. Such action is subject to review and 
disapproval by the SAA of the state where the home was manufactured or 
by the Secretary, unless the manufacturer obtains the written agreement 
of the SAA or the Secretary that the corrective action is adequate. If 
such an agreement is obtained, the correction must be accepted as 
adequate by all SAAs and the Secretary, if the manufacturer makes the 
correction as agreed to and any imminent safety hazard or serious defect 
is eliminated.
    (c) Waiver. (1) A manufacturer may obtain a waiver of the 
notification requirements in Sec. 3282.405 and the plan requirements in 
Sec. 3282.408 either from the SAA of the state of manufacture, when all 
of the manufactured homes that would be covered by the plan were 
manufactured in that state, or from the Secretary. As of the date of a 
request for a waiver, the notification and plan requirements are 
deferred pending timely submission of any additional documentation as 
the SAA or the Secretary may require and final resolution

[[Page 185]]

of the waiver request. If a waiver request is not granted, the plan 
required by Sec. 3282.408 must be submitted within 5 days after the 
expiration of the time frame established in Sec. 3282.408, if the 
manufacturer is notified that the request was not granted.
    (2) The waiver may be approved if, not later than 20 days after 
making the determination that notification is required, the manufacturer 
presents evidence that it, in good faith, believes would show to the 
satisfaction of the SAA or the Secretary that:
    (i) The manufacturer has identified all homes that would be covered 
by the plan in accordance with Sec. 3282.408;
    (ii) The manufacturer will correct, at its expense, all of the 
identified homes, either within 60 days of being informed that the 
request for waiver has been granted or within another time limit 
approved in the waiver;
    (iii) The proposed repairs are adequate to remove the defect, 
serious defect, or imminent safety hazard that gave rise to the 
determination that correction is required; and
    (3) The manufacturer must correct all affected manufactured homes 
within 60 days of being informed that the request for waiver has been 
granted or within the time limit approved in the waiver, as applicable. 
The manufacturer must record the known cause of the problem and the 
correction in the service records, in an approved form that will allow 
the Secretary or SAA to review the cause and correction.



Sec. 3282.408  Plan of notification required.

    (a) Manufacturer's plan required. Except as provided in 
Sec. 3282.407, if a manufacturer determines that it is responsible for 
providing notification under Sec. 3282.405, the manufacturer must 
prepare a plan in accordance with this section and Sec. 3282.409. The 
manufacturer must, as soon as practical, but not later than 20 days 
after making the determination of defect, serious defect, or imminent 
safety hazard, submit the plan for approval to one of the following, as 
appropriate:
    (1) The SAA of the State of manufacture, when all of the 
manufactured homes covered by the plan were manufactured in that State; 
or
    (2) The Secretary, when the manufactured homes were manufactured in 
more than one State or there is no SAA in the State of manufacture.
    (b) Implementation of plan. Upon approval of the plan, including any 
changes for cause required by the Secretary or SAA after consultation 
with the manufacturer, the manufacturer must carry out the approved plan 
within the agreed time limits.



Sec. 3282.409  Contents of plan.

    (a) Purpose of plan. This section sets out the requirements that 
must be met by a manufacturer in preparing any plan it is required to 
submit under Sec. 3282.408. The underlying requirement is that the plan 
show how the manufacturer will fulfill its responsibilities with respect 
to notification and correction.
    (b) Contents of plan. The plan must:
    (1) Identify, by serial number and other appropriate identifying 
criteria, all manufactured homes for which notification is to be 
provided, as determined pursuant to Sec. 3282.404;
    (2) Include a copy of the notice that the manufacturer proposes to 
use to provide the notification required by Sec. 3282.405;
    (3) Provide for correction of those manufactured homes that are 
required to be corrected pursuant to Sec. 3282.406(b);
    (4) Include the IPIA's written concurrence or statement on the 
methods used by the manufacturer to identify the homes that should be 
included in the class of homes, as required pursuant to 
Sec. 3282.404(b); and
    (5) Include a deadline for completion of all notifications and 
corrections.
    (c) Contents of notice. Except as otherwise agreed by the Secretary 
or the SAA reviewing the plan under Sec. 3282.408, the notice to be 
approved as part of the plan must include the following:
    (1) An opening statement that reads: ``This notice is sent to you in 
accordance with the requirements of the National Manufactured Housing 
Construction and Safety Standards Act.''
    (2) The following statement: ``[choose one, as appropriate: 
Manufacturer's name, or the Secretary, or the (insert

[[Page 186]]

State) SAA] has determined that [insert identifying criteria of 
manufactured home] may not comply with an applicable Federal 
Manufactured Home Construction or Safety Standard.''
    (3) Except when the manufacturer is providing notice pursuant to an 
approved plan or agreement with the Secretary or an SAA under 
Sec. 3282.408, each applicable statement must read as follows:
    (i) ``An imminent safety hazard may exist in (identifying criteria 
of manufactured home).''
    (ii) ``A serious defect may exist in (identifying criteria of 
manufactured home).''
    (iii) ``A defect may exist in (identifying criteria of manufactured 
home).''
    (4) A clear description of the defect, serious defect, or imminent 
safety hazard and an explanation of the risk to the occupants, which 
must include:
    (i) The location of the defect, serious defect, or imminent safety 
hazard in the manufactured home;
    (ii) A description of any hazards, malfunctions, deterioration, or 
other consequences that may reasonably be expected to result from the 
defect, serious defect, or imminent safety hazard;
    (iii) A statement of the conditions that may cause such consequences 
to arise; and
    (iv) Precautions, if any, that the owner can, should, or must take 
to reduce the chance that the consequences will arise before the 
manufactured home is repaired;
    (5) A statement of whether there will be any warning that a 
dangerous occurrence may take place and what that warning would be, and 
of any signs that the owner might see, hear, smell, or feel that might 
indicate danger or deterioration of the manufactured home as a result of 
the defect, serious defect, or imminent safety hazard;
    (6) A statement that the manufacturer will correct the manufactured 
home, if the manufacturer will correct the manufactured home under this 
subpart or otherwise;
    (7) A statement in accordance with whichever of the following is 
appropriate:
    (i) Where the manufacturer will correct the manufactured home at no 
cost to the owner, the statement must 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; or
    (ii) When the manufacturer does not bear the cost of repair, the 
notification must 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;
    (8) A statement informing the owner that the owner may submit a 
complaint to the SAA or Secretary if the owner believes that:
    (i) The notification or the remedy described therein is inadequate;
    (ii) The manufacturer has failed or is unable to remedy the problem 
in accordance with its notification; or
    (iii) The manufacturer has failed or is unable to remedy the problem 
within a reasonable time after the owner's first attempt to obtain 
remedy; and
    (9) 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. 3282.410  Implementation of plan.

    (a) Deadline for notifications. (1) The manufacturer must complete 
the notifications carried out under a plan approved by an SAA or the 
Secretary under Sec. 3282.408 on or before the deadline approved by the 
SAA or Secretary. In approving each deadline, an SAA or the Secretary 
will allow a reasonable time to complete all notifications, taking into 
account the number of manufactured homes involved and the difficulty of 
completing the notifications.
    (2) The manufacturer must, at the time of dispatch, furnish to the 
SAA or the Secretary a true or representative copy of each notice, 
bulletin, and other written communication sent to retailers, 
distributors, or owners of manufactured homes regarding any serious 
defect or imminent safety hazard that may exist in any homes produced by 
the manufacturer, or regarding any noncompliance or defect for which the

[[Page 187]]

SAA or Secretary requires, under Sec. 3282.413(c), the manufacturer to 
submit a plan for providing notification.
    (b) Deadline for corrections. A manufacturer that is required to 
correct a serious defect or imminent safety hazard pursuant to 
Sec. 3282.406(b) must complete implementation of the plan required by 
Sec. 3282.408 on or before the deadline approved by the SAA or the 
Secretary. The deadline must be no later than 60 days after approval of 
the plan. In approving the deadline, the SAA or the Secretary will 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 posed by the 
serious defect or imminent safety hazard will be given greater weight 
than other considerations.
    (c) Extensions. An SAA that approved a plan or the Secretary may 
grant an extension of the deadlines included in a plan, if the 
manufacturer requests such an extension in writing and shows good cause 
for the extension, if the SAA or the Secretary decides that the 
extension is justified and not contrary to the public interest. When the 
Secretary grants an extension for completion of any corrections, the 
Secretary will notify the manufacturer and must publish notice of such 
extension in the Federal Register. When an SAA grants an extension for 
completion of any corrections, the SAA must notify the Secretary and the 
manufacturer.
    (d) Recordkeeping. The manufacturer must provide the report and 
maintain the records that are required by Sec. 3282.417 for all 
notification and correction actions.



Sec. 3282.411  SAA initiation of remedial action.

    (a) SAA review of information. Whenever an SAA has information 
indicating the possible existence of a noncompliance, defect, serious 
defect, or imminent safety hazard in a manufactured home, the SAA may 
initiate administrative review of the need for notification and 
correction. An SAA initiates administrative review by either:
    (1) Referring the matter to another SAA in accordance with paragraph 
(b) of this section or to the Secretary; or
    (2) Taking action itself, in accordance with Sec. 3282.412, when it 
appears that all of the homes affected by the noncompliance, defect, 
serious defect, or imminent safety hazard were manufactured in the SAA's 
State.
    (b) SAA referral of matter. If at any time it appears that the 
affected manufactured homes were manufactured in more than one State, an 
SAA that decides to initiate such administrative review must refer the 
matter to the Secretary for possible action pursuant to Sec. 3282.412. 
If it appears that all of the affected manufactured homes were 
manufactured in another State, an SAA that decides to initiate 
administrative review must refer the matter to the SAA in the State of 
manufacture or to the Secretary, for possible action pursuant to 
Sec. 3282.412.



Sec. 3282.412  Preliminary and final administrative determinations.

    (a) Grounds for issuance of preliminary determination. The Secretary 
or, in accordance with Sec. 3282.411, an SAA in the State of 
manufacture, may issue a Notice of Preliminary Determination when:
    (1) The manufacturer has not provided to the Secretary or SAA the 
necessary information to make a determination that:
    (i) A noncompliance, defect, serious defect, or imminent safety 
hazard possibly exists; or
    (ii) A manufacturer had information that likely indicates a 
noncompliance, defect, serious defect, or imminent safety hazard for 
which the manufacturer failed to make the determinations required under 
Sec. 3282.404;
    (2) The Secretary or SAA has information that indicates a 
noncompliance, defect, serious defect, or imminent safety hazard 
possibly exists, and, in the case of the SAA, the SAA believes that:
    (i) The affected manufactured home has been sold or otherwise 
released by a manufacturer to a retailer or distributor, but there is no 
completed sale of the home to a purchaser;
    (ii) Based on the same factors that are established for a 
manufacturer's

[[Page 188]]

class determination in Sec. 3282.404(b), the information indicates a 
class of homes in which a noncompliance or defect possibly exists; or
    (iii) The information indicates one or more homes in which a serious 
defect or an imminent safety hazard possibly exists;
    (3) The Secretary or SAA is reviewing a plan under Sec. 3282.408 and 
the Secretary or SAA disagree with the manufacturer on proposed changes 
to the plan;
    (4) The Secretary or SAA believes that the manufacturer has failed 
to fulfill the requirements of a waiver granted under Sec. 3282.407(c); 
or
    (5) There is information that a manufacturer failed to make the 
determinations required under Sec. 3282.404.
    (b) Additional requirements--SAA issuance. (1) An SAA that receives 
information that indicates a serious defect or an imminent safety hazard 
possibly exists in a home manufactured in that SAA's State must notify 
the Secretary about that information.
    (2) An SAA that issues a preliminary determination must provide a 
copy of the preliminary determination to the Secretary at the time of 
its issuance. Failure to comply with this requirement does not affect 
the validity of the preliminary determination.
    (c) Additional requirements--Secretary issuance. The Secretary will 
notify the SAA of each State where the affected homes were manufactured, 
and, to the extent reasonable, the SAA of each State where the homes are 
located, of the issuance of a preliminary determination. Failure to 
comply with this requirement does not affect the validity of the 
preliminary determination.
    (d) Notice of Preliminary Determination. (1) The Notice of 
Preliminary Determination must be sent by certified mail or express 
delivery and must:
    (i) Include the factual basis for the determination;
    (ii) Include the criteria used to identify any class of homes in 
which the noncompliance, defect, serious defect, or imminent safety 
hazard possibly exists;
    (iii) If applicable, indicate that the manufacturer may be required 
to make corrections on a home or in a class of homes; and
    (iv) If the preliminary determination is that the manufacturer 
failed to make an initial determination required under Sec. 3282.404(a), 
include an allegation that the manufacturer failed to act in good faith.
    (2) The Notice of Preliminary Determination must inform the 
manufacturer that the preliminary determination will become final unless 
the manufacturer requests a hearing or presentation of views under 
subpart D of this part.
    (e) Presentation of views. (1) If a manufacturer elects to exercise 
its right to a hearing or presentation of views, the Secretary or the 
SAA, as applicable, must receive the manufacturer's request for a 
hearing or presentation of views:
    (i) Within 15 days of delivery of the Notice of Preliminary 
Determination of serious defect, defect, or noncompliance; or
    (ii) Within 5 days of delivery of the Notice of Preliminary 
Determination of imminent safety hazard.
    (2) A Formal or an Informal Presentation of Views will be held in 
accordance with Sec. 3282.152 promptly upon receipt of a manufacturer's 
request under paragraph (c) of this section.
    (f) Issuance of Final Determination. (1) The SAA or the Secretary, 
as appropriate, may make a Final Determination that is based on the 
allegations in the preliminary determination and adverse to the 
manufacturer if:
    (i) The manufacturer fails to respond to the Notice of Preliminary 
Determination within the time period established in paragraph (c)(2) of 
this section; or
    (ii) The SAA or the Secretary decides that the views and evidence 
presented by the manufacturer or others are insufficient to rebut the 
preliminary determination.
    (2) At the time that the SAA or Secretary makes a Final 
Determination that an imminent safety hazard, serious defect, defect, or 
noncompliance exists, the SAA or Secretary, as appropriate, must issue 
an order in accordance with Sec. 3282.413.

[[Page 189]]



Sec. 3282.413  Implementation of Final Determination.

    (a) Issuance of orders. (1) The SAA or the Secretary, as 
appropriate, must issue an order directing the manufacturer to furnish 
notification if:
    (i) The SAA makes a Final Determination that a defect or 
noncompliance exists in a class of homes;
    (ii) The Secretary makes a Final Determination that an imminent 
safety hazard, serious defect, defect, or noncompliance exists; or
    (iii) The SAA makes a Final Determination that an imminent safety 
hazard or a serious defect exists in any home, and the SAA has received 
the Secretary's concurrence on the issuance of the Final Determination 
and order.
    (2) The SAA or the Secretary, as appropriate, must issue an order 
directing the manufacturer to make corrections in any affected 
manufactured home if:
    (i) The SAA or the Secretary makes a Final Determination that a 
defect or noncompliance exists in a manufactured home that has been sold 
or otherwise released by a manufacturer to a retailer or distributor but 
for which the sale to a purchaser has not been completed;
    (ii) The Secretary makes a Final Determination that an imminent 
safety hazard or serious defect exists; or
    (iii) The SAA makes a Final Determination that an imminent safety 
hazard or serious defect exists in any home, and the SAA has received 
the Secretary's concurrence on the issuance of the Final Determination 
and order.
    (3) Only the Secretary may issue an order directing a manufacturer 
to repurchase or replace any manufactured home already sold to a 
purchaser, unless the Secretary authorizes an SAA to issue such an 
order.
    (4) An SAA that has a concurrence or authorization from the 
Secretary on any order issued under this section must have the 
Secretary's concurrence on any subsequent changes to the order. An SAA 
that has issued a Preliminary Determination must have the Secretary's 
concurrence on any waiver of notification or any settlement when the 
concerns addressed in the Preliminary Determination involve a serious 
defect or an imminent safety hazard.
    (5) If an SAA or the Secretary makes a Final Determination that the 
manufacturer failed to make, in good faith, an initial determination 
required under Sec. 3282.404(a):
    (i) The SAA may impose any penalties or take any action applicable 
under State law and may refer the matter to the Secretary for 
appropriate action; and
    (ii) The Secretary may take any action permitted by law.
    (b) Decision to order replacement or repurchase. The SAA or the 
Secretary will order correction of any manufactured home covered by an 
order issued in accordance with paragraph (a)(2) of this section, unless 
any requirements and factors applicable under Sec. 3282.414 and 
Sec. 3282.415 indicate that the SAA or the Secretary should order 
replacement or repurchase of the home.
    (c) Time for compliance with order. (1) The SAA or the Secretary may 
require the manufacturer to submit a plan for providing any notification 
and any correction, replacement, or repurchase remedy that results from 
an order under this section. The manufacturer's plan must include the 
method and date by which notification and any corrective action will be 
provided.
    (2) The manufacturer must provide any such notification and 
correction, replacement, or repurchase remedy as early as practicable, 
but not later than:
    (i) Thirty days after issuance of the order, in the case of a Final 
Determination of imminent safety hazard or when the SAA or Secretary has 
ordered replacement or repurchase of a home pursuant to Sec. 3282.414; 
or
    (ii) Sixty days after issuance of the order, in the case of a Final 
Determination of serious defect, defect, or noncompliance.
    (3) Subject to the requirements of paragraph (a)(3) of this section, 
the SAA that issued the order or the Secretary may grant an extension of 
the deadline for compliance with an order if:
    (i) The manufacturer requests such an extension in writing and shows 
good cause for the extension; and

[[Page 190]]

    (ii) The SAA or the Secretary is satisfied that the extension is 
justified in the public interest.
    (4) When the SAA grants an extension, it must notify the 
manufacturer and forward to the Secretary a draft of a notice of the 
extension for the Secretary to publish in the Federal Register. When the 
Secretary grants an extension, the Secretary must notify the 
manufacturer and publish notice of such extension in the Federal 
Register.
    (d) Appeal of SAA determination. Within 10 days of a manufacturer 
receiving notice that an SAA has made a Final Determination that an 
imminent safety hazard, a serious defect, a defect, or noncompliance 
exists or that the manufacturer failed to make the determinations 
required under Sec. 3282.404, the manufacturer may appeal the Final 
Determination to the Secretary under Sec. 3282.309.
    (e) Settlement offers. A manufacturer may propose in writing, at any 
time, an offer of settlement and shall submit it for consideration by 
the Secretary or the SAA that issued the Notice of Preliminary 
Determination. The Secretary or the SAA has the option of providing the 
manufacturer making the offer with an opportunity to make an oral 
presentation in support of such offer. If the manufacturer is notified 
that an offer of settlement is rejected, the offer is deemed to have 
been withdrawn and will not constitute a part of the record in the 
proceeding. Final acceptance by the Secretary or an SAA of any offer of 
settlement automatically terminates any proceedings related to the 
matter involved in the settlement.
    (f) Waiver of notification. (1) At any time after the Secretary or 
an SAA has issued a Notice of Preliminary Determination, the 
manufacturer may ask the Secretary or SAA to waive any formal 
notification requirements. When requesting a waiver, the manufacturer 
must certify that:
    (i) The manufacturer has made a class determination in accordance 
with Sec. 3282.404(b);
    (ii) The manufacturer will correct, at the manufacturer's expense, 
all affected manufactured homes in the class within a time period 
specified by the Secretary or SAA, but not later than 60 days after the 
manufacturer is notified of the acceptance of the request for waiver or 
the issuance of any Final Determination, whichever is later; and
    (iii) The proposed repairs are adequate to correct the 
noncompliance, defect, serious defect, or imminent safety hazard that 
gave rise to the issuance of the Notice of Preliminary Determination.
    (2) If the Secretary or SAA grants a waiver, the manufacturer must 
reimburse any owner of an affected manufactured home who chose to make 
the correction before the manufacturer did so, for the reasonable cost 
of correction.
    (g) Recordkeeping. The manufacturer must provide the report and 
maintain the records that are required by Sec. 3282.417 for all 
notification and correction actions.



Sec. 3282.414  Replacement or repurchase of homes after sale to purchaser.

    (a) Order to replace or repurchase. Whenever a manufacturer cannot 
correct or remove an imminent safety hazard or a serious defect in a 
manufactured home, for which there is a completed sale to a purchaser, 
within 60 days of the issuance of an order under Sec. 3282.413 or any 
extension of the 60-day deadline that has been granted by the Secretary 
in accordance with Sec. 3282.413(c)(3), the Secretary or, if authorized 
in writing by the Secretary in accordance with Sec. 3282.413(a)(3), the 
SAA may require that the manufacturer:
    (1) Replace the manufactured home with a home that:
    (i) Is substantially equal in size, equipment, and quality; and
    (ii) Either is new or is in the same condition that 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) Take possession of the manufactured home, if the Secretary or 
the SAA so orders, and refund the purchase price in full, except that 
the amount of the purchase price may be reduced by a reasonable amount 
for depreciation if the home has been in the possession of

[[Page 191]]

the owner for more than one year and the amount of depreciation is based 
on:
    (i) Actual use of the home; and
    (ii) An appraisal system approved by the Secretary or the SAA that 
does not take into account damage or deterioration resulting from the 
imminent safety hazard or serious defect.
    (b) Factors affecting order. In determining whether to order 
replacement or refund by the manufacturer, the Secretary or the SAA will 
consider:
    (1) The threat of injury or death to manufactured home occupants;
    (2) Any costs and inconvenience to manufactured-home owners that 
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 or the SAA has knowledge; 
and
    (5) Any other relevant factors that may be brought to the attention 
of the Secretary or the SAA.
    (c) Owner's election of remedy. When under contract or other 
applicable law the owner has the right of election between replacement 
and refund, the manufacturer must inform the owner of such right of 
election and must inform the Secretary of the election, if any, made by 
the owner.
    (d) Recordkeeping. The manufacturer must provide the report that is 
required by Sec. 3282.417 when a manufactured home has been replaced or 
repurchased under this section.



Sec. 3282.415  Correction of homes before sale to purchaser.

    (a) Sale or lease prohibited. Manufacturers, retailers, and 
distributors must not sell, lease, or offer for sale or lease any 
manufactured home that they have reason to know, in the exercise of due 
care, contains a noncompliance, defect, serious defect, or imminent 
safety hazard. The sale of a home to a purchaser is complete when all 
contractual obligations of the manufacturer, retailer, and distributor 
to the purchaser and conditions specified in Sec. 3282.252 have been 
met.
    (b) Retailer/distributor notification to manufacturer. When a 
retailer, acting as a reasonable retailer, or a distributor, acting as a 
reasonable distributor, believes that a manufactured home that has been 
sold to the retailer or distributor, but for which there is no completed 
sale to a purchaser, likely contains a noncompliance, defect, serious 
defect, or imminent safety hazard, the retailer or distributor must 
notify the manufacturer of the home in a timely manner.
    (c) Manufacturer's remedial responsibilities. Upon a Final 
Determination pursuant to Sec. 3282.412(f) by the Secretary or an SAA, a 
determination by a court of appropriate jurisdiction, or a 
manufacturer's own determination that a manufactured home that has been 
sold to a retailer but for which there is no completed sale to a 
purchaser contains a noncompliance, defect, serious defect, or imminent 
safety hazard, the manufacturer must do one of the following:
    (1) Immediately repurchase such manufactured home from the retailer 
or distributor at the price paid by the retailer or distributor, plus 
pay all transportation charges involved, if any, and a reasonable 
reimbursement of not less than one percent per month of such price paid, 
prorated from the date the manufacturer receives notice by certified 
mail of the noncompliance, defect, serious defect, or imminent safety 
hazard; or
    (2) At its expense, immediately furnish to the retailer or 
distributor all required parts or equipment for installation in the home 
by the retailer or distributor, and the manufacturer must reimburse the 
retailer or distributor for the reasonable value of the retailer's or 
distributor's work, plus a reasonable reimbursement of not less than one 
percent per month of the manufacturer's or distributor's selling price, 
prorated from the date the manufacturer receives notice by certified 
mail to the date the noncompliance, defect, serious defect, or imminent 
safety hazard is corrected, so long as the retailer or distributor 
proceeds with reasonable diligence with the required work; or
    (3) Carry out all needed corrections to the home.
    (d) Establishing costs. The value of reasonable reimbursements as 
specified in paragraph (c) of this section will be fixed by either:

[[Page 192]]

    (1) Mutual agreement of the manufacturer and retailer or 
distributor; or
    (2) A court in an action brought under section 613(b) of the Act (42 
U.S.C. 5412(b)).
    (e) Records required. The manufacturer and the retailer or 
distributor must maintain records of their actions taken under this 
section in accordance with Sec. 3282.417.
    (f) Exception for leased homes. This section does not apply to any 
manufactured home purchased by a retailer or distributor that has been 
leased by such retailer or distributor to a tenant for purposes other 
than resale. Other remedies that may be available to a retailer or 
distributor under subpart I of this part continue to be applicable.
    (g) Indemnification. A manufacturer may indemnify itself through 
agreements or contracts with retailers, distributors, transporters, 
installers, or others for the costs of repurchase, parts, equipment, and 
corrective work incurred by the manufacturer pursuant to paragraph (c).



Sec. 3282.416  Oversight of notification and correction activities.

    (a) IPIA responsibilities. The IPIA in each manufacturing plant 
must:
    (1) Assure that notifications required under this subpart I are sent 
to all owners, purchasers, retailers, and distributors of whom the 
manufacturer has knowledge;
    (2) Audit the certificates required by Sec. 3282.417 to assure that 
the manufacturer has made required corrections;
    (3) Whenever a manufacturer is required to determine a class of 
homes pursuant to Sec. 3282.404(b), provide either:
    (i) The IPIA's written concurrence on the methods used by the 
manufacturer to identify the homes that should be included in the class 
of homes; or
    (ii) The IPIA's written statement explaining why it believes the 
manufacturer's methods for determining the class of homes were 
inappropriate or inadequate; and
    (4) Conduct, at least monthly, a review the manufacturer's service 
records of determinations under Sec. 3282.404 and take appropriate 
action in accordance with Secs. 3282.362(c) and 3282.364.
    (b) SAA and Secretary's responsibilities. (1) SAA oversight of 
manufacturer compliance with this subpart will be done primarily by 
periodically checking the records that manufacturers are required to 
keep under Sec. 3282.417.
    (2) The SAA or Secretary to which the report required by 
Sec. 3282.417(a) is sent is responsible for assuring, through oversight, 
that remedial actions have been carried out as described in the report. 
The SAA of the State in which an affected manufactured home is located 
may inspect that home to determine whether any correction required under 
this subpart I is carried out in accordance with the approved plan or, 
if there is no plan, with the construction and safety standards or other 
approval obtained by the manufacturer.



Sec. 3282.417  Recordkeeping requirements.

    (a) Manufacturer report on notifications and corrections. Within 30 
days after the deadline for completing any notifications, corrections, 
replacement, or repurchase required pursuant to this subpart, the 
manufacturer must provide a complete report of the action taken to, as 
appropriate, the Secretary or the SAA that approved the plan under 
Sec. 3282.408, granted a waiver, or issued the order under 
Sec. 3282.413. If any other SAA or the Secretary forwarded the relevant 
consumer complaint or other information to the manufacturer in 
accordance with Sec. 3282.403, the manufacturer must send a copy of the 
report to that SAA or the Secretary, as applicable.
    (b) Records of manufacturer's determinations. (1) A manufacturer 
must record each initial and class determination required under 
Sec. 3282.404, in a manner approved by the Secretary or an SAA and that 
identifies who made each determination, what each determination was, and 
all bases for each determination. Such information must be available for 
review by the IPIA.
    (2) The manufacturer records must include:
    (i) The information it received that likely indicated a 
noncompliance, defect, serious defect, or imminent safety hazard;

[[Page 193]]

    (ii) All of the manufacturer's determinations and each basis for 
those determinations;
    (iii) The methods used by the manufacturer to establish any class, 
including, when applicable, the cause of the defect, serious defect, or 
imminent safety hazard; and
    (iv) Any IPIA concurrence or statement that it does not concur with 
the manufacturer's class determination, in accordance with 
Sec. 3282.404(b).
    (3) When the records that a manufacturer is required to keep in 
accordance with this paragraph (b) involve a class of manufactured homes 
that have the same noncompliance, defect, serious defect, or imminent 
safety hazard, the manufacturer has the option of meeting the 
requirements of this paragraph by establishing a class determination 
file, instead of including the same information in the file required by 
paragraph (e) of this section for each affected home. Such class 
determination file must contain the records of each class determination, 
notification, and correction, as applicable. For each class 
determination, the manufacturer must record once in each class 
determination file the information common to the class, and must 
identify by serial number all of the homes that the class comprises and 
that are subject to notification and correction, as applicable.
    (c) Manufacturer records of notifications. When a manufacturer is 
required to provide notification under this subpart, the manufacturer 
must maintain a record of each type of notice sent and a complete list 
of the persons notified and their addresses. The manufacturer must 
maintain these records in a manner approved by the Secretary or an SAA 
to identify each notification campaign.
    (d) Manufacturer records of corrections. When a manufacturer is 
required to provide or provides correction under this subpart, the 
manufacturer must maintain a record of one of the following, as 
appropriate, for each manufactured home involved:
    (1) If the correction is made, a certification by the manufacturer 
that the repair was made to conform to the federal construction and 
safety standards in effect at the time the home was manufactured and 
that each identified imminent safety hazard or serious defect has been 
corrected; or
    (2) If the owner refuses to allow the manufacturer to repair the 
home, a certification by the manufacturer that:
    (i) The owner has been informed of the problem that may exist in the 
home;
    (ii) The owner has been provided with a description of any hazards, 
malfunctions, deterioration, or other consequences that may reasonably 
be expected to result from the defect, serious defect, or imminent 
safety hazard; and
    (iii) An attempt has been made to repair the problems, but the owner 
has refused the repair.
    (e) Maintenance of manufacturer's records. (1) Except as provided in 
paragraph (b)(3) of this section, for each manufactured home produced by 
a manufacturer, the manufacturer must maintain in a printed or 
electronic format all of the information required by paragraphs (b), 
(c), and (d) of this section, and must consolidate the information in a 
readily accessible file or in a readily accessible combination of a 
printed file and an electronic file. For each home, the manufacturer 
also must include in such file a copy of the homes data plate; all 
information related to manufacture, handling, and assembly of the home; 
any checklist or similar documentation used by the manufacturer in the 
transport of the home; the name and address of the retailer; the 
original or a copy of each purchaser's registration record received by 
the manufacturer; all correspondence with the retailer and homeowner 
that is related to the home; any information received by the 
manufacturer regarding setup of the home; all work orders for servicing 
the home; and the information that the manufacturer is required to keep 
pursuant to Sec. 3282.211. The manufacturer must organize all such files 
in order of the serial numbers of the homes produced.
    (2) The manufacturer must maintain each of these manufactured-home 
records at the plant where the home was produced. If that plant is no 
longer in existence, the manufacturer must keep the records at its 
nearest production plant in the same State, or, if such

[[Page 194]]

a plant does not exist, at the manufacturer's corporate headquarters.



Sec. 3282.418  Factors for appropriateness and amount of civil penalties.

    In determining whether to seek a civil penalty for a violation of 
the requirements of this subpart, and the amount of such penalty to be 
recommended, the Secretary will consider the provisions of the Act and 
the following factors:
    (a) The gravity of the violation;
    (b) The degree of the violator's culpability, including whether the 
violator had acted in good faith in trying to comply with the 
requirements;
    (c) The injury to the public;
    (d) Any injury to owners or occupants of manufactured homes
    (e) The ability to pay the penalty;
    (f) Any benefits received by the violator;
    (g) The extent of potential benefits to other persons;
    (h) Any history of prior violations;
    (i) Deterrence of future violations; and
    (j) Such other factors as justice may require.



           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 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

[[Page 195]]

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 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.

[[Page 196]]



              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.

    The manufacturer must submit to the IPIA in each of its 
manufacturing plants, and to HUD or to the Secretary's agent, a monthly 
production report that includes the serial numbers of each manufactured 
home manufactured and labeled at that plant during the preceding month. 
The report must also include the date of manufacture, State of first 
location of these manufactured homes after leaving the plant, type of 
unit, and any other information required under this part. For all homes 
to be completed pursuant to subpart M of these regulations, the 
production report must also include a brief description of the work to 
be completed on site. The State of first location is the State of the 
premises of the retailer or purchaser to whom the manufactured home is 
first shipped. The monthly report must be submitted by the 10th day of 
each month and contain information describing the manufacturer's 
previous month's activities. The manufacturer is encouraged to submit 
the report electronically, when feasible.

[80 FR 53727, Sept. 8, 2015]



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 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 any orders issued pursuant to 
3282.413 and manufacturer reports under Sec. 3282.417(a), which were 
received during the preceding month, are to be attached to each such SAA 
report as an Appendix thereto.

[41 FR 19852, May 13, 1976, as amended at 78 FR 60208, Oct. 1, 2013]



   Subpart M_On-Site Completion of Construction of Manufactured Homes

    Source: 80 FR 53727, Sept. 8, 2015, unless otherwise noted.



Sec. 3282.601  Purpose and applicability.

    (a) Purpose of section. Under HUD oversight, this section 
establishes the procedure for limited on-site completion of some aspects 
of construction that cannot be completed at the factory.
    (b) Applicability. This section may be applied when all requirements 
of this subpart are met. To be applicable a manufactured home must:
    (1) Be substantially completed in the factory;

[[Page 197]]

    (2) Meet the requirements of the Construction and Safety Standards 
upon completion of the site work; and
    (3) Be inspected by the manufacturer's IPIA as provided in this 
subpart, unless specifically exempted as installation under HUD's Model 
Installation Standards, 24 CFR part 3285. This subpart does not apply to 
Alternative Construction (see Sec. 3282.14) that does not comply with 
the Manufactured Home Construction and Safety Standards.



Sec. 3282.602  Construction qualifying for on-site completion.

    (a) The manufacturer, the manufacturer's DAPIA acting on behalf of 
HUD, and the manufacturer's IPIA acting on behalf of HUD may agree to 
permit certain aspects of construction of a manufactured home to be 
completed to the Construction and Safety Standards on-site in accordance 
with the requirements of this subpart. The aspects of construction that 
may be approved to be completed on-site are the partial completion of 
structural assemblies or systems (e.g., electrical, plumbing, heating, 
cooling, fuel burning, and fire safety systems) and components built as 
an integral part of the home, when the partial completion on-site is 
warranted because completion of the partial structural assembly or 
system during the manufacturing process in the factory would not be 
practicable (e.g., because of the home design or which could result in 
transportation damage or if precluded because of road restrictions). 
Examples of construction that may be completed on-site include:
    (1) Hinged roof and eave construction, unless exempted as 
installation by Sec. 3285.801(f) of the Model Manufactured Home 
Installation Standards and completed and inspected in accordance with 
the Manufactured Home Installation Program;
    (2) Any work required by the home design that cannot be completed in 
the factory, or when the manufacturer authorizes the retailer to provide 
an add-on, not including an attached garage, to the home during 
installation, when that work would take the home out of conformance with 
the construction and safety standards and then bring it back into 
conformance;
    (3) Appliances provided by the manufacturer, installer, retailer, or 
purchaser, including fireplaces to be installed on site;
    (4) Components or parts that are shipped loose with the manufactured 
home and that will be installed on-site, unless exempted as installation 
by the installation standards;
    (5) Exterior applications such as brick siding, stucco, or tile roof 
systems; and
    (6) Other construction such as roof extensions (dormers), site-
installed windows in roofs, removable or open floor sections for 
basement stairs, and sidewall bay windows.
    (b) The manufacturer or a licensed contractor or similarly qualified 
professional with prior authorization from the manufacturer may perform 
the on-site work in accordance with the DAPIA approvals and site 
completion instructions. However, the manufacturer is responsible for 
the adequacy of all on-site completion work regardless of who does the 
work, and must prepare and provide all site inspection reports, as well 
as the certification of completion, and must fulfill all of its 
responsibilities and maintain all records at the factory of origin as 
required by Sec. 3282.609.



Sec. 3282.603  Request for approval; DAPIA review, notification, and approval.

    (a) Manufacturer's request for approval. The manufacturer must 
request, in writing, and obtain approval of its DAPIA for any aspect of 
construction that is to be completed on-site under this subpart. The 
manufacturer, its IPIA, and its DAPIA must work together to reach 
agreements necessary to enable the request to be reviewed and approved.
    (b) DAPIA notification. The DAPIA, acting on behalf of HUD, must 
notify the manufacturer of the results of the DAPIA's review of the 
manufacturer's request, and must retain a copy of the notification in 
the DAPIA's records. The DAPIA shall also forward a copy of the approval 
to HUD or the Secretary's agent as provided under Sec. 3282.361(a)(4). 
The notification must either:

[[Page 198]]

    (1) Approve the request if it is consistent with this section and 
the objectives of the Act; or
    (2) Deny the proposed on-site completion and set out the reasons for 
the denial.
    (c) Manner of DAPIA approval. Notification of DAPIA approval must 
include, by incorporation or by listing, the information required by 
paragraph (d) of this section, and must be indicated by the DAPIA 
placing its stamp of approval or authorized signature on each page of 
the manufacturer's designs submitted with its request for approval. The 
DAPIA must include an ``SC'' designation on each page that includes an 
element of construction that is to be completed on-site and must include 
those pages as part of the approved design package.
    (d) Contents of DAPIA approval. Any approval by the DAPIA under this 
section must:
    (1) Include a unique site completion numeric identification for each 
approval for each manufacturer (i.e., manufacturer name or abbreviation, 
SC-XX);
    (2) Identify the work to be completed on-site;
    (3) List all models to which the approval applies, or indicate that 
the approval is not model-specific;
    (4) Include acceptance by the DAPIA of a quality assurance manual 
for on-site completion meeting the requirements of paragraph (e) of this 
section;
    (5) Include the IPIA's written agreement to accept responsibility 
for completion of the necessary on-site inspections and accompanying 
records;
    (6) Identify instructions authorized for completing the work on-site 
that meet the requirements of paragraph (f) of this section;
    (7) Include the manufacturer's system for tracking the status of 
homes built under the approval until the on-site work and necessary 
inspections have been completed, to assure that the work is being 
performed properly;
    (8) Include a quality control checklist to be used by the 
manufacturer and IPIA and approved by the DAPIA to verify that all 
required components, materials, labels, and instructions needed for site 
completion are provided in each home prior to shipment;
    (9) Include an inspection checklist developed by the IPIA and 
manufacturer and approved by the DAPIA, that is to be used by the final 
site inspectors;
    (10) Include a Consumer Information Notice developed by the 
manufacturer and approved by the DAPIA that explains the on-site 
completion process and identifies the work to be completed on-site; and
    (11) Include any other requirements and limitations that the DAPIA 
deems necessary or appropriate to accomplish the purposes of the Act.
    (e) Quality assurance manual for on-site completion requirements. 
The portion of the quality assurance manual for on-site completion 
required by paragraph (d)(3) of this section must receive the written 
concurrence of the manufacturer's IPIA with regard to its acceptability 
and applicability to the on-site completion of the affected manufactured 
homes. It must include a commitment by the manufacturer to prepare a 
final site inspection report that will be submitted to the IPIA for its 
review. When appropriate, this portion of the quality assurance manual 
for on-site completion will be deemed a change in the manufacturer's 
quality assurance manual for the applicable models, in accordance with 
Secs. 3282.203 and 3282.361.
    (f) Instructions for completion on-site. The DAPIA must include 
instructions authorized for completing the work on-site as a separate 
part of the manufacturer's approved design package. The manufacturer 
must provide a copy of these instructions and the inspection checklist 
required by paragraph (d)(9) of this section to the IPIA for monitoring 
and inspection purposes.



Sec. 3282.604  DAPIA responsibilities.

    The DAPIA, acting on behalf of HUD, for any manufacturer proceeding 
under this section is responsible for:
    (a) Verifying that all information required by Sec. 3282.603 has 
been submitted by the manufacturer;
    (b) Reviewing and approving the manufacturer's designs, quality 
control checklist, site inspection checklist, site completion 
instructions, and quality assurance manuals for site work to be 
performed;

[[Page 199]]

    (c) Maintaining all records and approvals for at least 5 years;
    (d) Revoking or amending its approvals in accordance with 
Sec. 3282.609; and
    (e) Reviewing its approvals under this section at least every 3 
years or more frequently if there are changes made to the Manufactured 
Home Construction and Safety Standards, 24 CFR part 3280, to verify 
continued compliance with the Standards.



Sec. 3282.605  Requirements applicable to completion of construction.

    (a) Serial numbers of homes completed on-site. The serial number of 
each home completed in conformance with this section must include the 
prefix or suffix ``SC''.
    (b) Labeling. A manufacturer that has received a DAPIA approval 
under Sec. 3282.604 may certify and label a manufactured home that is 
substantially completed in the manufacturer's plant at the proper 
completion of the in-plant production phase, even though some aspects of 
construction will be completed on-site in accordance with the DAPIA's 
approval. Any such homes or sections of such homes must have a label 
affixed in accordance with Sec. 3282.362(c)(2) and be shipped with a 
Consumer Information Notice that meets the requirements of 
Sec. 3282.606.
    (c) Site inspection. Prior to occupancy, the manufacturer must 
ensure that each home is inspected on-site. The manufacturer is 
responsible for inspecting all aspects of construction that are 
completed on-site as provided in its approved designs and quality 
assurance manual for on-site completion.
    (d) Site inspection report. (1) In preparing the site inspection 
report, the manufacturer must use the inspection checklist approved by 
the DAPIA in accordance with Sec. 3282.603(d)(9), and must prepare a 
final site inspection report and provide a copy to the IPIA within 5 
business days of completing the report. Within 5 business days after the 
date that the IPIA notifies the manufacturer of the IPIA's approval of 
the final site inspection report, the manufacturer must provide a copy 
of the approved report to the lessor or purchaser prior to occupancy 
and, as applicable, the appropriate retailer and any person or entity 
other than the manufacturer that performed the on-site construction 
work.
    (2) Each approved final site inspection report must include:
    (i) The name and address of the manufacturer;
    (ii) The serial number of the manufactured home;
    (iii) The address of the home site;
    (iv) The name of the person and/or agency responsible for the 
manufacturer's final site inspection;
    (v) The name of each person and/or agency who performs on-site 
inspections on behalf of the IPIA, the name of the person responsible 
for acceptance of the manufacturer's final on-site inspection report on 
behalf of the IPIA, and the IPIA's name, mailing address, and telephone 
number;
    (vi) A description of the work performed on-site and the inspections 
made;
    (vii) When applicable, verification that any problems noted during 
inspections have been corrected prior to certification of compliance; 
and
    (viii) Certification by the manufacturer of completion in accordance 
with the DAPIA-approved instructions and that the home conforms with the 
approved design or, as appropriate under Sec. 3282.362(a)(1)(iii), the 
construction and safety standards.
    (3) The IPIA must review each manufacturer's final on-site 
inspection report and determine whether to accept that inspection 
report.
    (i) Concurrent with the manufacturer's final site inspection, the 
IPIA or the IPIA's agent must inspect all of the on-site work for homes 
completed using an approval under this section. The IPIA must use the 
inspection checklist approved by the DAPIA in accordance with 
Sec. 3282.603(d)(9).
    (ii) If the IPIA determines that the manufacturer is not performing 
adequately in conformance with the approval, the IPIA must redtag and 
reinspect until it is satisfied that the manufacturer is conforming to 
the conditions included in the approval. The home may not be occupied 
until the manufacturer and the IPIA have provided reports, required by 
this section, confirming compliance with the Construction and Safety 
Standards.

[[Page 200]]

    (iii) The IPIA must notify the manufacturer of the IPIA's acceptance 
of the manufacturer's final site inspection report. The IPIA may 
indicate acceptance by issuing its own final site inspection report or 
by indicating, in writing, its acceptance of the manufacturer's site 
inspection report showing that the work completed on-site is in 
compliance with the DAPIA approval and the Construction and Safety 
Standards.
    (4) Within 5 business days of the date of IPIA's notification to the 
manufacturer of the acceptance of its final site inspection report, the 
manufacturer must provide to the purchaser or lessor, as applicable, the 
manufacturer's final site inspection report. For purposes of 
establishing the manufacturer's and retailer's responsibilities under 
the Act and subparts F and I of this part, the sale or lease of the 
manufactured home will not be considered complete until the purchaser or 
lessor, as applicable, has been provided with the report.
    (e) Report to HUD. (1) The manufacturer must report to HUD through 
its IPIA, on the manufacturer's monthly production report required in 
accordance with Sec. 3282.552, the serial number and site completion 
numeric identification (see Sec. 3282.603(d)(1)) of each home produced 
under an approval issued pursuant to this section.
    (2) The report must be consistent with the DAPIA approval issued 
pursuant to this section.
    (3) The manufacturer must submit a copy of the report, or a separate 
listing of all information provided on each report for homes that are 
completed under an approval issued pursuant to this section, to the SAAs 
of the States where the home is substantially completed in the factory 
and where the home is sited, as applicable.



Sec. 3282.606  Consumer information.

    (a) Notice. Any home completed under the procedures established in 
this section must be shipped with a temporary notice that explains that 
the home will comply with the requirements of the construction and 
safety standards only after all of the site work has been completed and 
inspected. The notice must be legible and typed, using letters at least 
\1/4\ inch high in the text of the notice and \3/4\ inch high for the 
title. The notice must read as follows:

                  IMPORTANT CONSUMER INFORMATION NOTICE

    WARNING: DO NOT LIVE IN THIS HOME UNTIL THE ON-SITE WORK HAS BEEN 
COMPLETED AND THE MANUFACTURER HAS PROVIDED A COPY OF THE INSPECTION 
REPORT THAT CERTIFIES THAT THE HOME HAS BEEN INSPECTED AND IS 
CONSTRUCTED IN ACCORDANCE WITH APPROVED INSTRUCTIONS FOR MEETING THE 
CONSTRUCTION AND SAFETY STANDARDS.

    This home has been substantially completed at the factory and 
certified as having been constructed in conformance with the Federal 
Manufactured Home Construction and Safety Standards when specified work 
is performed and inspected at the home site. This on-site work must be 
performed in accordance with manufacturer's instructions that have been 
approved for this purpose. The work to be performed on-site is [insert 
description of all work to be performed in accordance with the 
construction and safety standards].
    This notice may be removed by the purchaser or lessor when the 
manufacturer provides the first purchaser or lessor with a copy of the 
manufacturer's final site inspection report, as required by regulation. 
This final report must include the manufacturer's certification of 
completion. All manufactured homes may also be subject to separate 
regulations requiring approval of items not covered by the Federal 
Manufactured Home Construction and Safety Standards, such as 
installation and utility connections.

    (b) Placement of notice in home. The notice required by paragraph 
(a) of this section must be displayed in a conspicuous and prominent 
location within the manufactured home and in a manner likely to assure 
that it is not removed until, or under the authorization of, the 
purchaser or lessor. The notice is to be removed only by the first 
purchaser or lessor. No retailer, installation or construction 
contractor, or other person may interfere with the required display of 
the notice.
    (c) Providing notice before sale. The manufacturer or retailer must 
also provide a copy of the Consumer Information Notice to prospective 
purchasers of any home to which the approval applies before the 
purchasers enter into an agreement to purchase the home.

[[Page 201]]

    (d) When sale or lease of home is complete. For purposes of 
establishing the manufacturer's and retailer's responsibilities for on-
site completion under the Act and subparts F and I of this part, the 
sale or lease of the manufactured home will not be considered complete 
until the purchaser or lessor, as applicable, has been provided with a 
copy of the final site inspection report required under Sec. 3282.605(d) 
and a copy of the manufacturer's certification of completion required 
under Sec. 3282.609(k) and (l). For 5 years from the date of the sale or 
lease of each home, the manufacturer must maintain in its records an 
indication that the final on-site inspection report and certification of 
completion has been provided to the lessor or purchaser and, as 
applicable, the appropriate retailer.



Sec. 3282.607  IPIA responsibilities.

    The IPIA, acting on behalf of HUD, for any manufacturer proceeding 
under this section is responsible for:
    (a) Working with the manufacturer and the manufacturer's DAPIA to 
incorporate into the DAPIA-approved quality assurance manual for on-site 
completion any changes that are necessary to ensure that homes completed 
on-site conform to the requirements of this section;
    (b) Providing the manufacturer with a supply of the labels described 
in this section, in accordance with the requirements of 
Sec. 3282.362(c)(2)(i)(A);
    (c) Overseeing the effectiveness of the manufacturer's quality 
control system for assuring that on-site work is completed to the DAPIA-
approved designs, which must include:
    (1) Verifying that the manufacturer's quality control manual at the 
installation site is functioning and being followed;
    (2) Monitoring the manufacturer's system for tracking the status of 
each home built under the approval until the on-site work and necessary 
inspections have been completed;
    (3) Reviewing all of the manufacturer's final on-site inspection 
reports; and
    (4) Inspecting all of the on-site construction work for each home 
utilizing an IPIA inspector or an independent qualified third-party 
inspector acceptable to the IPIA and acting as the designee or 
representative:
    (i) Prior to close-up, unless access panels are provided to allow 
the work to be inspected after all work is completed on-site; and
    (ii) After all work is completed on-site, except for close-up;
    (d) Designating an IPIA inspector or an independent qualified third-
party inspector acceptable to the IPIA, as set forth under 
Sec. 3282.358(d), who is not associated with the manufacturer and is not 
involved with the site construction or completion of the home and is 
free of any conflict of interest in accordance with Sec. 3282.359, to 
inspect the work done on-site for the purpose of determining compliance 
with:
    (1) The approved design or, as appropriate under 
Sec. 3282.362(a)(1)(iii), the Construction and Safety Standards; and
    (2) The DAPIA-approved quality assurance manual for on-site 
completion applicable to the labeling and completion of the affected 
manufactured homes;
    (e) Notifying the manufacturer of the IPIA's acceptance of the 
manufacturer's final site inspection report (see 
Sec. 3282.605(d)(3)(iii));
    (f) Preparing final site inspection reports and providing 
notification to the manufacturer of its acceptance of the manufacturer's 
final site inspection report within 5 business days of preparing its 
report. The IPIA is to maintain its final site inspection reports and 
those of the manufacturer for a period of at least 5 years. All reports 
must be available for HUD and SAA review in the IPIA's central record 
office as part of the labeling records; and
    (g) Reporting to HUD, the DAPIA, and the manufacturer if one or more 
homes has not been site inspected prior to occupancy or when 
arrangements for one or more manufactured homes to be site inspected 
have not been made.



Sec. 3282.608  Manufacturer responsibilities.

    A manufacturer proceeding under this section is responsible for:
    (a) Obtaining DAPIA approval for completion of construction on-site, 
in accordance with Sec. 3282.603;

[[Page 202]]

    (b) Obtaining the IPIA's agreement to perform on-site inspections as 
necessary under this section and the terms of the DAPIA's approval;
    (c) Notifying the IPIA that the home is ready for inspection;
    (d) Paying the IPIA's costs for performing on-site inspections of 
work completed under this section;
    (e) Either before or at the time on-site work commences, providing 
the IPIA with a copy of any applicable DAPIA-approved quality assurance 
manual for on-site completion, the approved instructions for completing 
the construction work on-site, and an approved inspection checklist, and 
maintaining this information on the job site until all on-site work is 
completed and accepted by the IPIA;
    (f) Satisfactorily completing all on-site construction and required 
repairs or authorizing a licensed contractor or similarly qualified 
person to complete all site construction and any needed repairs;
    (g) Providing a written certification to the lessor or purchaser, 
when all site construction work is completed, that each home, to the 
best of the manufacturer's knowledge and belief, is constructed in 
conformance with the Construction and Safety Standards;
    (h) Ensuring that the consumer notification requirements of 
Sec. 3282.606 are met for any home completed under this subpart;
    (i) Maintaining a system for tracking the status of homes built 
under the approval until the on-site work and necessary inspections have 
been completed, such that the system will assure that the work is 
performed in accordance with the quality control manual and other 
conditions of the approval;
    (j) Ensuring performance of all work as necessary to assure 
compliance with the Construction and Safety Standards upon completion of 
the site work, including Sec. 3280.303(b) of this chapter, regardless of 
who does the work or where the work is completed;
    (k) Preparing a site inspection report upon completion of the work 
on-site, certifying completion in accordance with DAPIA-approved 
instruction and that the home conforms with the approved design or, as 
appropriate under Sec. 3282.362(a)(1)(iii), the construction and safety 
standards;
    (l) Arranging for an on-site inspection of each home upon completion 
of the on-site work by the IPIA or its authorized designee prior to 
occupancy to verify compliance of the work with the DAPIA-approved 
designs and the Construction and Safety Standards;
    (m) Providing its final on-site inspection report and certification 
of completion to the IPIA and, after approval, to the lessor or 
purchaser and, as applicable, the appropriate retailer, and to the SAA 
upon request;
    (n) Maintaining in its records the approval notification from the 
DAPIA, the manufacturer's final on-site inspection report and 
certification of completion, and the IPIA's acceptance of the final site 
inspection report and certification, and making all such records 
available for review by HUD in the factory of origin;
    (o) Reporting to HUD or its agent the serial numbers assigned to 
each home completed in conformance with this section and as required by 
Sec. 3282.552; and
    (p) Providing cumulative quarterly production reports to HUD or its 
agent that include the site completion numeric identification number(s) 
for each home (see Sec. 3282.603(d)(1)); the serial number(s) for each 
home; the HUD label number(s) assigned to each home; the retailer's name 
and address for each home; the name, address, and phone number for each 
home purchaser; the dates of the final site completion inspection for 
each home; and whether each home was inspected prior to occupancy.
    (q) Maintaining copies of all records for on-site completion for 
each home, as required by this section, in the unit file to be 
maintained by the manufacturer.



Sec. 3282.609  Revocation or amendment of DAPIA approval.

    (a) The DAPIA that issued an approval or the Secretary may revoke or 
amend, prospectively, an approval notification issued under 
Sec. 3282.603. The approval may be revoked or amended whenever the DAPIA 
or HUD determines that:

[[Page 203]]

    (1) The manufacturer is not complying with the terms of the approval 
or the requirements of this section;
    (2) The approval was not issued in conformance with the requirements 
of Sec. 3282.603;
    (3) A home produced under the approval fails to comply with the 
Federal construction and safety standards or contains an imminent safety 
hazard; or
    (4) The manufacturer fails to make arrangements for one or more 
manufactured homes to be inspected by the IPIA prior to occupancy.
    (b) The DAPIA must immediately notify the manufacturer, the IPIA, 
and HUD of any revocation or amendment of DAPIA approval.



Sec. 3282.610  Failure to comply with the procedures of this subpart.

    In addition to other sanctions available under the Act and this 
part, HUD may prohibit any manufacturer or PIA found to be in violation 
of the requirements of this section from carrying out their functions of 
this Subpart in the future, after providing an opportunity for an 
informal presentation of views in accordance with Sec. 3282.152(f). 
Repeated infractions of the requirements of this section may be grounds 
for the suspension or disqualification of a PIA under Secs. 3282.355 and 
3282.356.



Sec. 3282.611  Compliance with this subpart.

    If the manufacturer and IPIA, as applicable, complies with the 
requirements of this section and the home complies with the construction 
and safety standards for those aspects of construction covered by the 
DAPIA approval, then HUD will consider a manufacturer or retailer that 
has permitted a manufactured home approved for on-site completion under 
this section to be sold, leased, offered for sale or lease, introduced, 
delivered, or imported to be in compliance with the certification 
requirements of the Act and the applicable implementing regulations in 
this part 3282 for those aspects of construction covered by the 
approval.



PART 3284_MANUFACTURED HOUSING PROGRAM FEE--Table of Contents



Sec.
3284.1  Applicability.
3284.5  Amount of fee.
3284.10  Payments to States.

    Authority: 42 U.S.C. 3535(d), 5419 and 5424.

    Source: 67 FR 52835, Aug. 13, 2002, unless otherwise noted.



Sec. 3284.1  Applicability.

    This part applies to manufacturers that are subject to the 
requirements of the National Manufactured Housing Construction and 
Safety Standards Act of 1974 (the Act), and to States having State plans 
approved in accordance with the Act. The amounts established under this 
part for any fee collected from manufacturers will be used, to the 
extent approved in advance in an annual appropriations Act, to offset 
the expenses incurred by HUD in connection with the manufactured housing 
program authorized by the Act.



Sec. 3284.5  Amount of fee.

    Each manufacturer, as defined in Sec. 3282.7 of this chapter, must 
pay a fee of $100 per transportable section of each manufactured housing 
unit that it manufactures under the requirements of part 3280 of this 
chapter.

[79 FR 47377, Aug. 13, 2014]



Sec. 3284.10  Payments to States.

    Each calendar year HUD will pay each State that, on December 27, 
2000, had a State plan approved pursuant to subpart G of part 3282 of 
this chapter a total amount that is not less than the amount paid to 
that State for the 12 months ending at the close of business on December 
26, 2000.



PART 3285_MODEL MANUFACTURED HOME INSTALLATION STANDARDS--Table of Contents



                            Subpart A_General

Sec.
3285.1  Administration.
3285.2  Manufacturer installation instructions.
3285.3  Alterations during initial installation.
3285.4  Incorporation by reference (IBR).

[[Page 204]]

3285.5  Definitions.
3285.6  Final leveling of manufactured home.

                Subpart B_Pre-Installation Considerations

3285.101  Fire separation.
3285.102  Installation of manufactured homes in flood hazard areas.
3285.103  Site suitability with design zone maps.
3285.104  Moving manufactured home to location.
3285.105  Permits, other alterations, and on-site structures.

                       Subpart C_Site Preparation

3285.201  Soil conditions.
3285.202  Soil classifications and bearing capacity.
3285.203  Site drainage.
3285.204  Ground moisture control.

                          Subpart D_Foundations

3285.301  General.
3285.302  Flood hazard areas.
3285.303  Piers.
3285.304  Pier configuration.
3285.305  Clearance under homes.
3285.306  Design procedures for concrete block piers.
3285.307  Perimeter support piers.
3285.308  Manufactured piers.
3285.309  [Reserved]
3285.310  Pier location and spacing.
3285.311  Required perimeter supports.
3285.312  Footings.
3285.313  Combination systems.
3285.314  [Reserved]
3285.315  Special snow load conditions.

                    Subpart E_Anchorage Against Wind

3285.401  Anchoring instructions.
3285.402  Ground anchor installations.
3285.403  Sidewall, over-the-roof, mate-line, and shear wall straps.
3285.404  Severe climatic conditions.
3285.405  Severe wind zones.
3285.406  Flood hazard areas.

                       Subpart F_Optional Features

3285.501  Home installation manual supplements.
3285.502  Expanding rooms.
3285.503  Optional appliances.
3285.504  Skirting.
3285.505  Crawlspace ventilation.

         Subpart G_Ductwork and Plumbing and Fuel Supply Systems

3285.601  Field assembly.
3285.602  Utility connections.
3285.603  Water supply.
3285.604  Drainage system.
3285.605  Fuel supply system.
3285.606  Ductwork connections.

               Subpart H_Electrical Systems and Equipment

3285.701  Electrical crossovers.
3285.702  Miscellaneous lights and fixtures.
3285.703  Smoke alarms.
3285.704  Telephone and cable TV.

                Subpart I_Exterior and Interior Close-Up

3285.801  Exterior close-up.
3285.802  Structural interconnection of multi-section homes.
3285.803  Interior close-up.
3285.804  Bottom board repair.

     Subpart J_Optional Information for Manufacturer's Installation 
                              Instructions

3285.901  General.
3285.902  Moving manufactured home to location.
3285.903  Permits, alterations, and on-site structures.
3285.904  Utility systems connection.
3285.905  Heating oil systems.
3285.906  Telephone and cable TV.
3285.907  Manufacturer additions to installation instructions.

    Authority: 42 U.S.C. 3535(d), 5403, 5404, and 5424.

    Source: 72 FR 59362, Oct. 19, 2007, unless otherwise noted.



                            Subpart A_General



Sec. 3285.1  Administration.

    (a) Scope. These Model Installation Standards provide minimum 
requirements for the initial installation of new manufactured homes, in 
accordance with section 605 of the Act (42 U.S.C. 5404). The Model 
Installation Standards are one component of the Manufactured Home 
Installation Program in Part 3286 of this chapter, upon effect, and 
serve as the basis for developing the manufacturers' installation 
instructions required by Sec. 3285.2 of this subpart. The manufacturer's 
installation instructions, including specific methods for performing a 
specific operation or assembly, will be deemed to comply with these 
Model Installation Standards, provided they meet or exceed the minimum 
requirements of these Model Installation Standards and do not take the 
home out of compliance with the Manufactured Home Construction and 
Safety Standards (24

[[Page 205]]

CFR part 3280). Work necessary to join all sections of a multi-section 
home specifically identified in Subparts G, H, and I of this part, or 
work associated with connecting exterior lights, chain-hung light 
fixtures, or ceiling-suspended fans, as specifically identified in 
Subpart I, is not considered assembly or construction of the home, 
although the design of those elements of a manufactured home must comply 
with the Manufactured Home Construction and Safety Standards (MHCSS). 
However, work associated with the completion of hinged roofs and eaves 
in Sec. 3285.801 and other work done on-site and not specifically 
identified in this part as close-up is considered construction and 
assembly and is subject to the requirements of the Manufactured Home 
Construction and Safety Standards (24 CFR part 3280) and the 
Manufactured Home Procedural and Enforcement Regulations (24 CFR part 
3282).
    (1) States that choose to operate an installation program for 
manufactured homes in lieu of the federal program must implement 
installation standards that provide protection to its residents that 
equals or exceeds the protection provided by these Model Installation 
Standards.
    (2) In states that do not choose to operate their own installation 
program for manufactured homes, these Model Installation Standards serve 
as the minimum standards for manufactured home installations.
    (b) Applicability. The standards set forth herein have been 
established to accomplish certain basic objectives and are not to be 
construed as relieving manufacturers, retailers, installers, or other 
parties of responsibility for compliance with other applicable 
ordinances, codes, regulations, and laws. The manufactured homes covered 
by this standard must comply with requirements of the U.S. Department of 
Housing and Urban Development's (HUD) MHCSS Program, as set forth in 24 
CFR part 3280, Manufactured Home Construction and Safety Standards, and 
24 CFR part 3282, Manufactured Home Procedural and Enforcement 
Regulations, as well as with, upon effect, the Manufactured Home 
Installation Program, 24 CFR part 3286, and the Dispute Resolution 
Program, 24 CFR part 3288. The requirements of this part do not apply to 
homes installed on site-built permanent foundations when the 
manufacturer certifies the home in accordance with Sec. 3282.12 of this 
chapter.
    (c) Consultation with the Manufactured Housing Consensus Committee. 
The Secretary will seek input from the Manufactured Housing Consensus 
Committee (MHCC) when revising the installation standards in this part 
3285. Before publication of a proposed rule to revise the installation 
standards, the Secretary will provide the MHCC with a 120-day 
opportunity to comment on such revision. The MHCC may send to the 
Secretary any of the MHCC's own recommendations to adopt new 
installation standards or to modify or repeal any of the installation 
standards in this part. Along with each recommendation, the MHCC must 
set forth pertinent data and arguments in support of the action sought. 
The Secretary will either:
    (1) Accept or modify the recommendation and publish it for public 
comment in accordance with section 553 of the Administrative Procedure 
Act (5 U.S.C. 553), along with an explanation of the reasons for any 
such modification; or
    (2) Reject the recommendation entirely, and provide to the MHCC a 
written explanation of the reasons for the rejection.



Sec. 3285.2  Manufacturer installation instructions.

    (a) Instructions required. A manufacturer must provide with each new 
manufactured home, installation designs and instructions that have been 
approved by the Secretary or DAPIA. The approved installation 
instructions must include all topics covered in the Model Installation 
Standards for the installation of manufactured homes. These installation 
instructions and any variations thereto that are prepared to comply with 
paragraph (c) of this section must provide protection to residents of 
the manufactured homes that equals or exceeds the protection provided by 
these Model Installation Standards and must not take the manufactured 
home out of compliance with the MHCSS. These instructions must

[[Page 206]]

insure that each home will be supported and anchored in a manner that is 
capable of meeting or exceeding the design loads required by the MHCSS.
    (b) Professional engineer or registered architect certification. A 
professional engineer or registered architect must prepare and certify 
that the manufacturer's installation instructions meet or exceed the 
Model Installation Standards for foundation support and anchoring 
whenever:
    (1) The manufacturer's installation instructions do not conform in 
their entirety to the minimum requirements or tables or their conditions 
for foundation support and anchoring of this Standard; or
    (2) An alternative foundation system or anchoring system is 
employed, including designs for basements and perimeter support 
foundation systems, whether or not it is included in the installation 
instructions; or
    (3) Materials such as metal piers or alternatives to concrete 
footing materials are required by the installation instructions; or
    (4) Foundation support and anchoring systems are designed for use in 
areas subject to freezing or for use in areas subject to flood damage or 
high seismic risk; or
    (5) Foundations support and anchoring systems are designed to be 
used in special snow load conditions or in severe wind design areas; or
    (6) Site conditions do not allow the use of the manufacturer's 
installation instructions; or
    (7) There are any other circumstances in which the manufacturer's 
installation instructions would not permit the home to be installed in 
conformance with the Installation Standards or the MHCSS.
    (c) Variations to installation instructions. (1) Before an installer 
provides support or anchorage that are different than those methods 
specified in the manufacturer's installation instructions, or when the 
installer encounters site or other conditions (such as areas that are 
subject to flood damage or high seismic risk) that prevent the use of 
the instructions, the installer must:
    (i) First attempt to obtain DAPIA-approved designs and instructions 
prepared by the manufacturer; or
    (ii) If designs and instructions are not available from the 
manufacturer, obtain an alternate design prepared and certified by a 
registered professional engineer or registered architect for the support 
and anchorage of the manufactured home that is consistent with the 
manufactured home design, conforms to the requirements of the MHCSS, and 
has been approved by the manufacturer and the DAPIA.
    (2) The manufacturer's installation instructions must include an 
explanation of the requirement in paragraph (c)(1) of this section.
    (d) Installer certification. In making the certification of the 
installation required under part 3286 of this chapter, upon effect, an 
installer must certify that it completed the installation in compliance 
with either the manufacturer's instructions or with an alternate 
installation design and instructions that have been prepared by the 
manufacturer or prepared in compliance with paragraph (c) of this 
section.
    (e) Temporary storage. The installation instructions must provide at 
least one method for temporarily supporting each transportable section 
of a manufactured home, to prevent structural and other damage to the 
structure, when those section(s) are temporarily sited at the 
manufacturer's facility, retailer's lot, or the home site.



Sec. 3285.3  Alterations during initial installation.

    Additions, modifications, or replacement or removal of any equipment 
that affects the installation of the home made by the manufacturer, 
retailer, or installer prior to completion of the installation by an 
installer must equal or exceed the protections and requirements of these 
Model Installation Standards, the MHCSS (24 CFR part 3280) and the 
Manufactured Home Procedural and Enforcement Regulations (24 CFR part 
3282). An alteration, as defined in Sec. 3282.7 of this chapter, must 
not affect the ability of the basic manufactured home to comply with the 
MHCSS, and the alteration must not impose additional loads to the 
manufactured home or its foundation, unless the alteration is included 
in the manufacturer's DAPIA-approved designs and installation 
instructions, or is designed

[[Page 207]]

by a registered professional engineer or architect consistent with the 
manufacturer's design and that conforms to the requirements of the 
MHCSS.



Sec. 3285.4  Incorporation by reference (IBR).

    (a) The materials listed in this section are incorporated by 
reference in the corresponding sections noted. These incorporations by 
reference were approved by the Director of the Federal Register, in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The materials are 
available for purchase at the corresponding addresses noted below, and 
all are available for inspection at the Office of Manufactured Housing 
Programs, U.S. Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 9164, Washington, DC 20410; or the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) The materials listed below are available for purchase from the 
Air Conditioning Contractors of America (ACCA), 2800 Shirlington Road, 
Suite 300, Arlington, Virginia 22206.
    (1) ACCA Manual J, Residential Load Calculation, 8th Edition, IBR 
approved for Sec. 3285.503(a)(1)(i)(A).
    (2) [Reserved]
    (c) The materials listed below are available for purchase from APA--
The Engineered Wood Association, 7011 South 19th Street, Tacoma, 
Washington 98411, telephone number (253) 565-6600, fax number (253) 565-
7265.
    (1) PS1-95, Construction and Industrial Plywood (with typical APA 
trademarks), 1995 edition, IBR approved for Sec. 3285.312(a)(2)(i).
    (2) [Reserved]
    (d) The materials listed below are available for purchase from 
American Society of Heating, Refrigerating and Air Conditioning 
Engineers (ASHRAE), 1791 Tullie Circle, NE., Atlanta, Georgia 30329-
2305.
    (1) ASHRAE Handbook of Fundamentals, 1997 Inch-Pound Edition, IBR 
approved for Sec. 3285.503(a)(1)(i)(A).
    (2) [Reserved]
    (e) The materials listed below are available for purchase from 
American Society for Testing and Materials (ASTM), 100 Barr Harbor 
Drive, West Conshohocken, Pennsylvania 19428-2959.
    (1) ASTM C 90-02a, Standard Specification for Loadbearing Concrete 
Masonry Units, 2002, IBR approved for Sec. 3285.312(a)(1)(i).
    (2) ASTM D 1586-99, Standard Test Method for Penetration Test and 
Split-Barrel Sampling of Soils, 1999, IBR approved for the table at 
Sec. 3285.202(c).
    (3) ASTM D 2487-00, Standard Practice for Classification of Soils 
for Engineering Purposes (Unified Soil Classification System), 2000, IBR 
approved for the table at Sec. 3285.202(c).
    (4) ASTM D 2488-00, Standard Practice for Description and 
Identification of Soils (Visual-Manual Procedure), 2000, IBR approved 
for the table at Sec. 3285.202(c).
    (5) ASTM D 3953-97, Standard Specification for Strapping, Flat Steel 
and Seals, 1997, IBR approved for Sec. 3285.402(b)(2) and Note 10 to 
Table 1 to Sec. 3285.402.
    (f) The materials listed below are available for purchase from 
American Wood-Preservers' Association (AWPA), P.O. Box 388, Selma, 
Alabama 36702.
    (1) AWPA M4-02, Standard for the Care of Preservative-Treated Wood 
Products, 2002, IBR approved for Sec. 3285.312(a)(2)(iii).
    (2) AWPA U1-04, Use Category System; User Specification for Treated 
Wood, 2004, IBR approved for Secs. 3285.303(b)(1), 3285.312(a)(2)(ii), 
and 3285.504(c).
    (g) The materials listed below are available for purchase from the 
Federal Emergency Management Administration (FEMA), 500 C Street, SW., 
Washington, DC 20472.
    (1) FEMA 85/September 1985, Manufactured Home Installation in Flood 
Hazard Areas, 1985, IBR approved for Sec. 3285.102(d)(3).
    (2) [Reserved]
    (h) The materials listed below are available for purchase from the 
National Fire Protection Association (NFPA), 1 Batterymarch Park, 
Quincy, Massachusetts 02169-7471.
    (1) NFPA 31, Standard for the Installation of Oil Burning Equipment, 
2001 edition, IBR approved for Secs. 3285.905(a) and 3285.905(d)(3).

[[Page 208]]

    (2) NFPA 70, National Electrical Code, 2005 edition, IBR approved 
for Secs. 3285.702(e)(1) and 3285.906.
    (3) NFPA 501A, Standard for Fire Safety Criteria for Manufactured 
Home Installations, Sites, and Communities, 2003 edition, IBR approved 
for Sec. 3285.101.
    (i) The materials listed below are available for purchase from the 
Structural Engineering Institute/American Society of Civil Engineers 
(SEI/ASCE), 1801 Alexander Bell Drive, Reston, Virginia 20191.
    (1) SEI/ASCE 32-01, Design and Construction of Frost-Protected 
Shallow Foundations, 2001, IBR approved for Secs. 3285.312(b)(2)(ii) and 
3285.312(b)(3)(ii).
    (2) [Reserved]
    (j) The materials listed below are available for purchase from 
Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook, Illinois 
60062.
    (1) UL 181A, Closure Systems for Use With Rigid Air Ducts and Air 
Connectors, 1994, with 1998 revisions, IBR approved for 
Sec. 3285.606(a).
    (2) UL 181B, Closure Systems for Use With Flexible Air Ducts and Air 
Connectors, 1995, with 1998 revisions, IBR approved for 
Sec. 3285.606(a).



Sec. 3285.5  Definitions.

    The definitions contained in this section apply to the terms used in 
these Model Installation Standards. Where terms are not included, common 
usage of the terms applies. The definitions are as follows:
    Act. The National Manufactured Housing Construction and Safety 
Standards Act of 1974, 42 U.S.C. 5401-5426.
    Anchor assembly. Any device or other means designed to transfer home 
anchoring loads to the ground.
    Anchoring equipment. Ties, straps, cables, turnbuckles, chains, and 
other approved components, including tensioning devices that are used to 
secure a manufactured home to anchor assemblies.
    Anchoring system. A combination of anchoring equipment and anchor 
assemblies that will, when properly designed and installed, resist the 
uplift, overturning, and lateral forces on the manufactured home and on 
its support and foundation system.
    Approved. When used in connection with any material, appliance or 
construction, means complying with the requirements of the Department of 
Housing and Urban Development.
    Arid region. An area subject to 15 inches or less of annual 
rainfall.
    Base flood. The flood having a one percent chance of being equaled 
or exceeded in any given year.
    Base flood elevation (BFE). The elevation of the base flood, 
including wave height, relative to the datum specified on a LAHJ's flood 
hazard map.
    Comfort cooling certificate. A certificate permanently affixed to an 
interior surface of the home specifying the factory design and 
preparations for air conditioning the manufactured home.
    Crossovers. Utility interconnections in multi-section homes that are 
located where the sections are joined. Crossover connections include 
heating and cooling ducts, electrical circuits, water pipes, drain 
plumbing, and gas lines.
    Design Approval Primary Inspection Agency (DAPIA). A state or 
private organization that has been accepted by the Secretary in 
accordance with the requirements of Part 3282, Subpart H of this 
chapter, which evaluates and approves or disapproves manufactured home 
designs and quality control procedures.
    Diagonal tie. A tie intended to resist horizontal or shear forces, 
but which may resist vertical, uplift, and overturning forces.
    Flood hazard area. The greater of either: The special flood hazard 
area shown on the flood insurance rate map; or the area subject to 
flooding during the design flood and shown on a LAHJ's flood hazard map, 
or otherwise legally designated.
    Flood hazard map. A map delineating the flood hazard area and 
adopted by a LAHJ.
    Footing. That portion of the support system that transmits loads 
directly to the soil.
    Foundation system. A system of support that is capable of 
transferring all design loads to the ground, including elements of the 
support system, as defined in this section, or a site-built permanent 
foundation that meets the requirements of 24 CFR 3282.12.

[[Page 209]]

    Ground anchor. A specific anchoring assembly device designed to 
transfer home anchoring loads to the ground.
    Installation instructions. DAPIA-approved instructions provided by 
the home manufacturer that accompany each new manufactured home and 
detail the home manufacturer requirements for support and anchoring 
systems, and other work completed at the installation site to comply 
with these Model Installation Standards and the Manufactured Home 
Construction and Safety Standards in 24 CFR part 3280.
    Installation standards. Reasonable specifications for the 
installation of a new manufactured home, at the place of occupancy, to 
ensure proper siting; the joining of all sections of the home; and the 
installation of stabilization, support, or anchoring systems.
    Labeled. 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.
    Listed or certified. 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.
    Local authority having jurisdiction (LAHJ). The state, city, county, 
city and county, municipality, utility, or organization that has local 
responsibilities and requirements that must be complied with during the 
installation of a manufactured home.
    Lowest floor. The floor of the lowest enclosed area of a 
manufactured home. An unfinished or flood-resistant enclosure, used 
solely for vehicle parking, home access, or limited storage, must not be 
considered the lowest floor, provided the enclosed area is not 
constructed so as to render the home in violation of the flood-related 
provisions of this standard.
    Manufactured home. A structure, transportable in one or more 
sections, which in the traveling mode is 8 body feet or more in width or 
40 body feet or more in length, or which when erected on site is 320 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 in the structure. 
This term includes all structures that meet the above requirements, 
except the size requirements and with respect to which the manufacturer 
voluntarily files a certification, pursuant to Sec. 3282.13 of this 
chapter, and complies with the MHCSS set forth in part 3280 of this 
chapter. The term does not include any self-propelled recreational 
vehicle. Calculations used to determine the number of square feet in a 
structure will include the total of square feet for each transportable 
section comprising the completed structure and 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. Nothing in this definition 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) certification.
    Manufactured Home Construction and Safety Standards or MHCSS. The 
Manufactured Home Construction and Safety Standards established in part 
3280 of this chapter, pursuant to section 604 of the Act, 42 U.S.C. 
5403.
    Manufactured home gas supply connector. A listed connector designed 
for connecting the manufactured home to the gas supply source.
    Manufactured home site. A designated parcel of land designed for the 
installation of one manufactured home for the exclusive use of the 
occupants of the home.

[[Page 210]]

    Manufactured Housing Consensus Committee or MHCC. The consensus 
committee established pursuant to section 604(a)(3) of the Act, 42 
U.S.C. 5403(a)(3).
    Model Installation Standards. The installation standards established 
in part 3285 of this chapter, pursuant to section 605 of the Act, 42 
U.S.C. 5404.
    Peak cap construction means any roof peak construction that is 
either shipped loose or site constructed and is site installed to 
complete the roof ridge/peak of a home.
    Peak flip construction means any roof peak construction that 
requires the joining of two or more cut top chord members on site. The 
cut top chords must be joined at the factory by straps, hinges, or other 
means.
    Pier. That portion of the support system between the footing and the 
manufactured home, exclusive of shims. Types of piers include, but are 
not limited to: Manufactured steel stands; pressure-treated wood; 
manufactured concrete stands; concrete blocks; and portions of 
foundation walls.
    Ramada. Any freestanding roof or shade structure, installed or 
erected above a manufactured home or any portion thereof.
    Secretary. The Secretary of Housing and Urban Development, or an 
official of HUD delegated the authority of the Secretary with respect to 
the Act.
    Site. An area of land upon which a manufactured home is installed.
    Skirting. A weather-resistant material used to enclose the 
perimeter, under the living area of the home, from the bottom of the 
manufactured home to grade.
    Stabilizing devices. All components of the anchoring and support 
systems, such as piers, footings, ties, anchoring equipment, anchoring 
assemblies, or any other equipment, materials, and methods of 
construction, that support and secure the manufactured home to the 
ground.
    State. Each of the several states, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American 
Samoa.
    Support system. Pilings, columns, footings, piers, foundation walls, 
shims, and any combination thereof that, when properly installed, 
support the manufactured home.
    Tie. Straps, cable, or securing devices used to connect the 
manufactured home to anchoring assemblies.
    Ultimate load. The absolute maximum magnitude of load that a 
component or system can sustain, limited only by failure.
    Utility connection. The connection of the manufactured home to 
utilities that include, but are not limited to, electricity, water, 
sewer, gas, or fuel oil.
    Vertical tie. A tie intended to resist uplifting and overturning 
forces.
    Wind zone. The areas designated on the Basic Wind Zone Map, as 
further defined in Sec. 3280.305(c) of the Manufactured Home 
Construction and Safety Standards in this chapter, which delineate the 
wind design load requirements.
    Working load. The maximum recommended load that may be exerted on a 
component or system determined by dividing the ultimate load of a 
component or system by an appropriate factor of safety.

[72 FR 59362, Oct. 19, 2007, as amended at 79 FR 53614, Sept. 10, 2014; 
80 FR 53731, Sept. 8, 2015]



Sec. 3285.6  Final leveling of manufactured home.

    The manufactured home must be adequately leveled prior to completion 
of the installation, so that the home's performance will not be 
adversely affected. The home will be considered adequately leveled if 
there is no more than \1/4\ inch difference between adjacent pier 
supports (frame or perimeter) and the exterior doors and windows of the 
home do not bind and can be properly operated.



                Subpart B_Pre-Installation Considerations



Sec. 3285.101  Fire separation.

    Fire separation distances must be in accordance with the 
requirements of Chapter 6 of NFPA 501A, 2003 edition (incorporated by 
reference, see Sec. 3285.4) or the requirements of the LAHJ. The 
installation instructions must clearly indicate this requirement in a 
separate section and must caution installers to take into account any 
local requirements on fire separation.

[[Page 211]]



Sec. 3285.102  Installation of manufactured homes in flood hazard areas.

    (a) Definitions. Except to the extent otherwise defined in Subpart 
A, the terms used in this subpart are as defined in 44 CFR 59.1 of the 
National Flood Insurance Program (NFIP) regulations.
    (b) Applicability. The provisions of this section apply to the 
initial installation of new manufactured homes located wholly or partly 
within a flood hazard area.
    (c) Pre-installation considerations. Prior to the initial 
installation of a new manufactured home, the installer is responsible 
for determining whether the manufactured home site lies wholly or partly 
within a special flood hazard area as shown on the LAHJ's Flood 
Insurance Rate Map, Flood Boundary and Floodway Map, or Flood Hazard 
Boundary Map, or if no LAHJ, in accordance with NFIP regulations. If so 
located, and before an installation method is agreed upon, the map and 
supporting studies adopted by the LAHJ must be used to determine the 
flood hazard zone and base flood elevation at the site.
    (d) General elevation and foundation requirements--(1) Methods and 
practices. Manufactured homes located wholly or partly within special 
flood hazard areas must be installed on foundations engineered to 
incorporate methods and practices that minimize flood damage during the 
base flood, in accordance with the requirements of the LAHJ, 44 CFR 
60.3(a) through (e), and other provisions of 44 CFR referenced by those 
paragraphs.
    (2) Outside appliances. (i) Appliances installed on the manufactured 
home site in flood hazard areas must be anchored and elevated to or 
above the same elevation as the lowest elevation of the lowest floor of 
the home.
    (ii) Appliance air inlets and exhausts in flood hazard areas must be 
located at or above the same elevation as the lowest elevation of the 
lowest floor of the home.
    (3) Related guidance. Refer to FEMA 85/September 1985, Manufactured 
Home Installation in Flood Hazard Areas, 1985 (incorporated by 
reference, see Sec. 3285.4).



Sec. 3285.103  Site suitability with design zone maps.

    Prior to the initial installation of a new manufactured home and as 
part of making the certification of the installation required under part 
3286, upon effect, the installer is to verify that the design and 
construction of the manufactured home, as indicated on the design zone 
maps provided with the home, are suitable for the site location where 
the home is to be installed. The design zone maps are those identified 
in part 3280 of this chapter.
    (a) Wind zone. Manufactured homes must not be installed in a wind 
zone that exceeds the design wind loads for which the home has been 
designed, as evidenced by the wind zone indicated on the home's data 
plate and as further defined by counties or local governments within 
affected states, as applicable, in Sec. 3280.305(c)(2) of the 
Manufactured Home Construction and Safety Standards in this chapter.
    (b) Roof load zone. Manufactured homes must not be located in a roof 
load zone that exceeds the design roof load for which the home has been 
designed, as evidenced by the roof load zone indicated on the home's 
data plate and as further defined by counties or local governments 
within affected states, as applicable, in Sec. 3280.305(c)(3) of the 
Manufactured Home Construction and Safety Standards in this chapter. 
Refer to Sec. 3285.315 for Special Snow Load Conditions.
    (c) Thermal zone. Manufactured homes must not be installed in a 
thermal zone that exceeds the thermal zone for which the home has been 
designed, as evidenced by the thermal zone indicated on the heating/
cooling certificate and insulation zone map and as further defined by 
counties or local governments within affected states, as applicable, in 
Sec. 3280.504(b)(5) of the Manufactured Home Construction and Safety 
Standards in this chapter. The manufacturer may provide the heating/
cooling information and insulation zone map on the home's data plate.



Sec. 3285.104  Moving manufactured home to location.

    Refer to Sec. 3285.902 for considerations related to moving the 
manufactured home to the site of installation.

[[Page 212]]



Sec. 3285.105  Permits, other alterations, and on-site structures.

    Refer to Sec. 3285.903 for considerations related to permitting, 
other alterations, and on-site structures.



                       Subpart C_Site Preparation



Sec. 3285.201  Soil conditions.

    To help prevent settling or sagging, the foundation must be 
constructed on firm, undisturbed soil or fill compacted to at least 90 
percent of its maximum relative density. All organic material such as 
grass, roots, twigs, and wood scraps must be removed in areas where 
footings are to be placed. After removal of organic material, the home 
site must be graded or otherwise prepared to ensure adequate drainage, 
in accordance with Sec. 3285.203.



Sec. 3285.202  Soil classifications and bearing capacity.

    The soil classification and bearing capacity of the soil must be 
determined before the foundation is constructed and anchored. The soil 
classification and bearing capacity must be determined by one or more of 
the following methods, unless the soil bearing capacity is established 
as permitted in paragraph (f) of this section:
    (a) Soil tests. Soil tests that are in accordance with generally 
accepted engineering practice; or
    (b) Soil records. Soil records of the applicable LAHJ; or
    (c) Soil classifications and bearing capacities. If the soil class 
or bearing capacity cannot be determined by test or soil records, but 
its type can be identified, the soil classification, allowable 
pressures, and torque values shown in Table to Sec. 3285.202 may be 
used.
    (d) A pocket penetrometer; or
    (e) In lieu of determining the soil bearing capacity by use of the 
methods shown in the table, an allowable pressure of 1,500 psf may be 
used, unless the site-specific information requires the use of lower 
values based on soil classification and type.
    (f) If the soil appears to be composed of peat, organic clays, or 
uncompacted fill, or appears to have unusual conditions, a registered 
professional geologist, registered professional engineer, or registered 
architect must determine the soil classification and maximum allowable 
soil bearing capacity.

                                             Table to Sec.  3285.202
----------------------------------------------------------------------------------------------------------------
         Soil classification
--------------------------------------
                    ASTM D 2487-00 or                             Allowable soil      Blow     Torque probe \3\
                        D 2488-00          Soil description      bearing pressure     count    value \4\ (inch-
  Classification    (incorporated by                                 (psf) \1\       ASTM D        pounds)-
      number         reference, see                                                  1586-99
                      Sec.  3285.4)
----------------------------------------------------------------------------------------------------------------
1................  ..................  Rock or hard pan.......  4000 +............
2................  GW, GP, SW, SP,     Sandy gravel and         2000..............    40 +    More than 550.
                    GM, SM.             gravel; very than
                                        dense and/orcemented
                                        sands;coursegravel/
                                        cobbles;preloaded
                                        silts,clays and coral.
3................  GC, SC, ML, CL....  Sand; silty sand;        1500..............     24-39  351-550.
                                        clayey sand;
                                        siltygravel; medium
                                        dense course sands;
                                        sandygravel; and very
                                        stiff silt, sand clays.
4A...............  CG, MH \2\........  Loose to medium dense    1000..............     18-23  276-350.
                                        sands; firm to stiff
                                        clays and silts;
                                        alluvial fills.
4B...............  CH, MH \2\........  Loose sands; firm        1000..............     12-17  175-275.
                                        clays; alluvial fills.
5................  OL, OH, PT........  Uncompacted fill; peat;  Refer to                0-11  Less than 175.
                                        organic clays.           3285.202(e).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ The values provided in this table have not been adjusted for overburden pressure, embedment depth, water
  table height, or settlement problems.
\2\ For soils classified as CH or MH, without either torque probe values or blow count test results, selected
  anchors must be rated for a 4B soil.
\3\ The torque test probe is a device for measuring the torque value of soils to assist in evaluating the
  holding capacity of the soil in which the ground anchor is placed. The shaft must be of suitable length for
  the full depth of the ground anchor.
\4\ The torque value is a measure of the load resistance provided by the soil when subject to the turning or
  twisting force of the probe.


[[Page 213]]



Sec. 3285.203  Site Drainage.

    (a) Purpose. Drainage must be provided to direct surface water away 
from the home to protect against erosion of foundation supports and to 
prevent water build-up under the home, as shown in Figure to 
Sec. 3285.203.
    (b) The home site must be graded as shown in Figure to 
Sec. 3285.203, or other methods, such as a drain tile and automatic sump 
pump system, must be provided to remove any water that may collect under 
the home.
    (c) All drainage must be diverted away from the home and must slope 
a minimum of one-half inch per foot away from the foundation for the 
first ten feet. Where property lines, walls, slopes, or other physical 
conditions prohibit this slope, the site must be provided with drains or 
swales or otherwise graded to drain water away from the structure, as 
shown in Figure to Sec. 3285.203.
    (d) Sloped site considerations. The home, where sited, must be 
protected from surface runoff from the surrounding area.
    (e) Refer to Sec. 3285.902 regarding the use of drainage structures 
to drain surface runoff.
    (f) Gutters and downspouts. Manufacturers must specify in their 
installation instructions whether the home is suitable for the 
installation of gutters and downspouts. If suitable, the installation 
instructions must indicate that when gutters and downspouts are 
installed, the runoff must be directed away from the home.

[[Page 214]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.006


[[Page 215]]





Sec. 3285.204  Ground moisture control.

    (a) Vapor retarder. If the space under the home is to be enclosed 
with skirting or other materials, a vapor retarder must be installed to 
cover the ground under the home, unless the home is installed in an arid 
region with dry soil conditions.
    (b) Vapor retarder material. A minimum of six mil polyethylene 
sheeting or its equivalent must be used.
    (c) Proper installation. (1) The entire area under the home must be 
covered with the vapor retarder, as noted in Sec. 3285.204(a), except 
for areas under open porches, decks, and recessed entries. Joints in the 
vapor retarder must be overlapped at least 12 inches.
    (2) The vapor retarder may be placed directly beneath footings, or 
otherwise installed around or over footings placed at grade, and around 
anchors or other obstructions.
    (3) Any voids or tears in the vapor retarder must be repaired. At 
least one repair method must be provided in the manufacturer's 
installation instructions.



                          Subpart D_Foundations



Sec. 3285.301  General.

    (a) Foundations for manufactured home installations must be designed 
and constructed in accordance with this subpart and must be based on 
site conditions, home design features, and the loads the home was 
designed to withstand, as shown on the home's data plate.
    (b) Foundation systems that are not pier and footing type 
configurations may be used when verified by engineering data and 
designed in accordance with Sec. 3285.301(d), consistent with the design 
loads of the MHCSS. Pier and footing specifications that are different 
than those provided in this subpart, such as block size, metal piers, 
section width, loads, and spacing, may be used when verified by 
engineering data that comply with Secs. 3285.301(c) and (d) and are 
capable of resisting all design loads of the MHCSS.
    (c) All foundation details, plans, and test data must be designed 
and certified by a registered professional engineer or registered 
architect, and must not take the home out of compliance with the MHCSS. 
(See 3285.2)
    (d) Alternative foundation systems or designs are permitted in 
accordance with either of the following:
    (1) Systems or designs must be manufactured and installed in 
accordance with their listings by a nationally recognized testing 
agency, based on a nationally recognized testing protocol; or
    (2) System designs must be prepared by a professional engineer or a 
registered architect or tested and certified by a professional engineer 
or registered architect in accordance with acceptable engineering 
practice and must be manufactured and installed so as not to take the 
home out of compliance with the Manufactured Home Construction and 
Safety Standards (part 3280 of this chapter).



Sec. 3285.302  Flood hazard areas.

    In flood hazard areas, foundations, anchorings, and support systems 
must be capable of resisting loads associated with design flood and wind 
events or combined wind and flood events, and homes must be installed on 
foundation supports that are designed and anchored to prevent 
floatation, collapse, or lateral movement of the structure. 
Manufacturer's installation instructions must indicate whether:
    (a) The foundation specifications have been designed for flood-
resistant considerations, and, if so, the conditions of applicability 
for velocities, depths, or wave action; or
    (b) The foundation specifications are not designed to address flood 
loads.



Sec. 3285.303  Piers.

    (a) General. The piers used must be capable of transmitting the 
vertical live and dead loads to the footings or foundation.
    (b) Acceptable piers--materials specification. (1) Piers are 
permitted to be concrete blocks; pressure-treated wood with a water 
borne preservative, in accordance with AWPA Standard U1-04 (incorporated 
by reference, see Sec. 3285.4) for Use Category 4B ground contact 
applications; or adjustable metal or concrete piers.
    (2) Manufactured piers must be listed or labeled for the required 
vertical load

[[Page 216]]

capacity, and, where required by design, for the appropriate horizontal 
load capacity.
    (c) Design requirements. (1) Load-bearing capacity. The load bearing 
capacity for each pier must be designed to include consideration for the 
dimensions of the home, the design dead and live loads, the spacing of 
the piers, and the way the piers are used to support the home.
    (2) Center beam/mating wall support must be required for multi-
section homes and designs must be consistent with Tables 2 and 3 to 
Sec. 3285.303 and Figures A, B, and C to Sec. 3285.310.
    (d) Pier loads. (1) Design support configurations for the pier 
loads, pier spacing, and roof live loads must be in accordance with 
Tables 1, 2, and 3 to Sec. 3285.303 and the MHCSS. Other pier designs 
are permitted in accordance with the provisions of this subpart.
    (2) Manufactured piers must be rated at least to the loads required 
to safely support the dead and live loads, as required by Sec. 3285.301, 
and the installation instructions for those piers must be consistent 
with Tables 1, 2, and 3 to this section.

  Table 1 to Sec.  3285.303--Frame Blocking Only/Perimeter Support Not
                       Required Except at Openings
------------------------------------------------------------------------
                                Roof live
         Pier spacing           load (psf)      Location     Load (lbs.)
------------------------------------------------------------------------
                                        20  Frame..........        2,900
4 ft. 0 in...................           30  Frame..........        3,300
                                        40  Frame..........        3,600
------------------------------------------------------------------------
                                        20  Frame..........        4,200
6 ft. 0 in...................           30  Frame..........        4,700
                                        40  Frame..........        5,200
------------------------------------------------------------------------
                                        20  Frame..........        5,500
8 ft. 0 in...................           30  Frame..........        6,200
                                        40  Frame..........        6,900
------------------------------------------------------------------------
                                        20  Frame..........        6,800
10 ft. 0 in..................           30  Frame..........        7,600
                                        40  Frame..........        8,500
------------------------------------------------------------------------

    Notes: 1. See Table to Sec. 3285.312 for cast-in-place footing 
design by using the noted loads.
    2. Table 1 is based on the following design assumptions: maximum 16 
ft. nominal section width (15 ft. actual width), 12'' eave, 10'' I-beam 
size, 300 lbs. pier dead load, 10 psf roof dead load, 6 psf floor dead 
load, 35 plf wall dead load, and 10 plf chassis dead load.
    3. Interpolation for other pier spacing is permitted.
    4. The pier spacing and loads shown in the above table do not 
consider flood or seismic loads and are not intended for use in flood or 
seismic hazard areas. In those areas, the foundation support system is 
to be designed by a professional engineer or architect.
    5. See Table to Sec. 3285.312 for sizing of footings.

   Table 2 to Sec.  3285.303--Frame Plus Perimeter Blocking/Perimeter
                            Blocking Required
------------------------------------------------------------------------
                                Roof live
     Maximum pier spacing       load(psf)       Location     Load (lbs.)
------------------------------------------------------------------------
                                            Frame..........        1,400
4 ft. 0 in...................           20  Perimeter......        1,900
                                            Mating.........        3,200
------------------------------------------------------------------------
                                            Frame..........        1,400
4 ft. 0 in...................           30  Perimeter......        2,300
                                            Mating.........        3,800
------------------------------------------------------------------------
                                            Frame..........        1,400
4 ft. 0 in...................           40  Perimeter......        2,600
                                            Mating.........        4,400
------------------------------------------------------------------------
                                            Frame..........        1,900
6 ft. 0 in...................           20  Perimeter......        2,700
                                            Mating.........        4,700
------------------------------------------------------------------------
                                            Frame..........        1,900
6 ft. 0 in...................           30  Perimeter......        3,200
                                            Mating.........        5,600
------------------------------------------------------------------------
                                            Frame..........        1,900
6 ft. 0 in...................           40  Perimeter......        3,700
                                            Mating.........        6,500
------------------------------------------------------------------------
                                            Frame..........        2,400
8 ft. 0 in...................           20  Perimeter......        3,500
                                            Mating.........        6,100
------------------------------------------------------------------------
                                            Frame..........        2,400
8 ft. 0 in...................           30  Perimeter......        4,200
                                            Mating.........        7,300
------------------------------------------------------------------------
                                            Frame..........        2,400
8 ft. 0 in...................           40  Perimeter......        4,800
                                            Mating.........        8,500
------------------------------------------------------------------------
                                            Frame..........        2,900
10 ft. 0 in..................           20  Perimeter......        4,300
                                            Mating.........        7,600
------------------------------------------------------------------------
                                            Frame..........        2,900
10 ft. 0 in..................           30  Perimeter......        5,100
                                            Mating.........        9,100
------------------------------------------------------------------------
                                            Frame..........        2,900
10 ft. 0 in..................           40  Perimeter......        6,000
                                            Mating.........       10,600
------------------------------------------------------------------------

    Notes: 1. See Table to Sec. 3285.312 for cast-in-place footing 
design by using the noted loads.
    2. Mating wall perimeter piers and footings only required under full 
height mating walls supporting roof loads. Refer to Figures A and B to 
Sec. 3285.310.
    3. Table 2 is based on the following design assumptions: maximum 16 
ft. nominal section width (15 ft. actual width), 12'' eave, 10''

[[Page 217]]

I-beam size, 300 lbs. pier dead load, 10 psf roof dead load, 6 psf floor 
dead load, 35 plf wall dead load, and 10 plf chassis dead load.
    4. Interpolation for other pier spacing is permitted.
    5. The pier spacing and loads shown in the above table do not 
consider flood or seismic loads and are not intended for use in flood or 
seismic hazard areas. In those areas, the foundation support system is 
to be designed by a professional engineer or architect.
    6. See Table to Sec. 3285.312 for sizing of footings.

       Table 3 to Sec.  3285.303--Ridge Beam Span Footing Capacity
------------------------------------------------------------------------
                                                             Pier and
        Mating wall opening (ft)          Roof live load   footing load
                                               (psf)          (lbs.)
------------------------------------------------------------------------
                                                      20           1,200
5.......................................              30           1,600
                                                      40           1,900
------------------------------------------------------------------------
                                                      20           2,300
10......................................              30           3,100
                                                      40           3,800
------------------------------------------------------------------------
                                                      20           3,500
15......................................              30           4,700
                                                      40           5,800
------------------------------------------------------------------------
                                                      20           4,700
20......................................              30           6,200
                                                      40           7,500
------------------------------------------------------------------------
                                                      20           5,800
25......................................              30           7,800
                                                      40           9,700
------------------------------------------------------------------------
                                                      20           7,000
30......................................              30           9,300
                                                      40          11,600
------------------------------------------------------------------------
                                                      20           8,100
35......................................              30          10,900
                                                      40          13,600
------------------------------------------------------------------------

    Notes: 1. See Table to Sec. 3285.312 for cast-in-place footing 
design by using the noted loads.
    2. Table 3 is based on the following design assumptions: maximum 16 
ft. nominal section width (15 ft. actual width), 10" I-beam size, 300 
lbs. pier dead load, 10 psf roof dead load, 6 psf floor dead load, 35 
plf wall dead load, and 10 plf chassis dead load.
    3. Loads listed are maximum column loads for each section of the 
manufactured home.
    4. Interpolation for maximum allowable pier and column loads is 
permitted for mate-line openings between those shown in the table.
    5. The pier spacing and loads shown in the above table do not 
consider flood or seismic loads and are not intended for use in flood or 
seismic hazard areas. In those areas, the foundation support system must 
be designed by a professional engineer or registered architect.
    6. See Table to Sec. 3285.312 for sizing of footings.



Sec. 3285.304  Pier configuration.

    (a) Concrete blocks. Installation instructions for concrete block 
piers must be developed in accordance with the following provisions and 
must be consistent with Figures A and B to Sec. 3285.306.
    (1) Load-bearing (not decorative) concrete blocks must have nominal 
dimensions of at least 8 inches  8 inches  16 inches;
    (2) The concrete blocks must be stacked with their hollow cells 
aligned vertically; and
    (3) When piers are constructed of blocks stacked side-by-side, each 
layer must be at right angles to the preceding one, as shown in Figure B 
to Sec. 3285.306.
    (b) Caps. (1) Structural loads must be evenly distributed across 
capped-hollow block piers, as shown in Figures A and B to Sec. 3285.306.
    (2) Caps must be solid concrete or masonry at least 4 inches in 
nominal thickness, or hardboard lumber at least 2 inches nominal in 
thickness; or be corrosion-protected minimum one-half inch thick steel; 
or be of other listed materials.
    (3) All caps must be of the same length and width as the piers on 
which they rest.
    (4) When split caps are used on double-stacked blocks, the caps must 
be installed with the long dimension across the joint in the blocks 
below.
    (c) Gaps. Any gaps that occur during installation between the bottom 
of the main chassis beam and foundation support system must be filled 
by:
    (1) Nominal 4 inch  6 inch  1 inch shims to level the home and 
fill any gaps between the base of the main chassis beam and the top of 
the pier cap;
    (2) Shims must be used in pairs, as shown in Figures A and B to 
Sec. 3285.306, and must be driven in tightly so that they do not occupy 
more than one inch of vertical height; and
    (3) Hardwood plates no thicker than 2 inches nominal in thickness or 
2 inch or 4 inch nominal concrete block must be used to fill in any 
remaining vertical gaps.

[[Page 218]]

    (d) Manufactured pier heights. Manufactured pier heights must be 
selected so that the adjustable risers do not extend more than 2 inches 
when finally positioned.



Sec. 3285.305  Clearance under homes.

    A minimum clearance of 12 inches must be maintained between the 
lowest member of the main frame (I-beam or channel beam) and the grade 
under all areas of the home.



Sec. 3285.306  Design procedures for concrete block piers.

    (a) Frame piers less than 36 inches high. (1) Frame piers less than 
36 inches high are permitted to be constructed of single, open, or 
closed-cell concrete blocks, 8 inches `` 8 inches `` 16 inches, when the 
design capacity of the block is not exceeded.
    (2) The frame piers must be installed so that the long sides are at 
right angles to the supported I-beam, as shown in Figure A to this 
section.
    (3) The concrete blocks must be stacked with their hollow cells 
aligned vertically and must be positioned at right angles to the 
footings.
    (4) Horizontal offsets from the top to the bottom of the pier must 
not exceed one-half inch.
    (5) Mortar is not required, unless specified in the installation 
instructions or required by a registered professional engineer or 
registered architect.
    (b) Frame piers 36 inches to 67 inches high and corner piers. (1) 
All frame piers between 36 inches and 67 inches high and all corner 
piers over three blocks high must be constructed out of double, 
interlocked concrete blocks, as shown in Figure B to this section, when 
the design capacity of the block is not exceeded. Mortar is not required 
for concrete block piers, unless otherwise specified in the installation 
instructions or required by a professional engineer or registered 
architect.
    (2) Horizontal offsets from the top to the bottom of the pier must 
not exceed one inch.
    (c) All piers over 67 inches high. Piers over 67 inches high must be 
designed by a registered professional engineer or registered architect, 
in accordance with acceptable engineering practice. Mortar is not 
required for concrete block piers, unless otherwise specified in the 
manufacturer installation instructions or by the design.

[[Page 219]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.007


[[Page 220]]


[GRAPHIC] [TIFF OMITTED] TR19OC07.008



Sec. 3285.307  Perimeter support piers.

    (a) Piers required at mate-line supports, perimeter piers, and piers 
at exterior wall openings are permitted to be constructed of single 
open-cell or closed-cell concrete blocks, with nominal dimensions of 8 
inches  8 inches  16 inches, to a maximum height of 54 inches, as 
shown in Figure A to this section, when the design capacity of the block 
is not exceeded.
    (b) Piers used for perimeter support must be installed with the long 
dimension parallel to the perimeter rail.



Sec. 3285.308  Manufactured piers.

    (a) Manufactured piers must be listed and labeled and installed to 
the pier manufacturer's installation instructions. See 
Sec. 3285.303(d)(2) for additional requirements.
    (b) Metal or other manufactured piers must be provided with 
protection against weather deterioration and corrosion at least 
equivalent to that provided by a coating of zinc on steel of .30 oz./
ft.\2\ of surface coated.



Sec. 3285.309  [Reserved]



Sec. 3285.310  Pier location and spacing.

    (a) The location and spacing of piers depends upon the dimensions of 
the home, the live and dead loads, the type of construction (single-or 
multi-section), I-beam size, soil bearing capacity, footing size, and 
such other factors as the location of doors or other openings.

[[Page 221]]

    (b) Mate-line and column pier supports must be in accordance with 
this subpart and consistent with Figures A through C to this section, 
unless the pier support and footing configuration is designed by a 
registered professional engineer or registered architect.
    (c) Piers supporting the frame must be no more than 24 inches from 
both ends and not more than 120 inches center to center under the main 
rails.
    (d) Pier support locations. Pier support locations and spacing must 
be presented to be consistent with Figures A and B to Sec. 3285.312, as 
applicable, unless alternative designs are provided by a professional 
engineer or registered architect in accordance with acceptable 
engineering practice.
[GRAPHIC] [TIFF OMITTED] TR19OC07.009

    Notes: 1. Bottom of footings must extend below frost line depth, 
unless designed for placement above the frost line. (See 
Sec. 3285.312(b)).
    2. Piers may be offset up to 6 in. in either direction along the 
supported members to allow for plumbing, electrical, mechanical, 
equipment, crawlspaces, or other devices.
    3. Single-stack concrete block pier loads must not exceed 8,000 lbs.
    4. Prefabricated piers must not exceed their approved or listed 
maximum vertical or horizontal design loads.
    5. When a full-height mating wall does not support the ridge beam, 
this area is considered an unsupported span--Span B.
    6. Piers are not required at openings in the mating wall that are 
less than 48 inches in width. Place piers on both sides of mating wall 
openings that are 48 inches or greater in width. For roof loads of 40 
psf or greater, a professional engineer or registered architect must 
determine the maximum mating wall opening permitted without pier or 
other supports.

[[Page 222]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.010

    Notes: 1. Bottom of footings must be below the frost line depth, 
unless designed for placement above the frost line. (See 
Sec. 3285.312(b)).
    2. Piers may be offset 6 in. in either direction along supported 
members to allow for plumbing electrical, mechanical equipment, 
crawlspaces, or other devices.
    3. Single stack concrete block pier loads must not exceed 8,000 lbs.
    4. Piers are not required at openings in the mating wall that are 
less than 48 inches in width. Place piers on both sides of mating wall 
openings that are 48 inches or greater in width. For roof loads of 40 
psf or greater, a professional engineer or registered architect must 
determine the maximum mating wall opening permitted without pier or 
other supports.
    5. When a full-height mating wall does not support the ridge beam, 
this area is considered an unsupported span--Span B.
    6. In areas where the open span is greater than 10 ft., intermediate 
piers and footings must be placed at maximum 10 ft. on center.
    7. Prefabricated piers must not exceed their approved or listed 
maximum horizontal or vertical design loads.
    8. Column piers are in addition to piers required under full-height 
mating walls.

[[Page 223]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.011

    Notes: 1. Mate-line column support piers are installed with the long 
dimension of the concrete block perpendicular to the rim joists.
    2. Pier and footing designed to support both floor sections. Loads 
as listed in Table 3 to Sec. 3285.303 are total column loads for both 
sections.



Sec. 3285.311  Required perimeter supports.

    (a) Perimeter pier or other supports must be located as follows:
    (1) On both sides of side wall exterior doors (such as entry, patio, 
and sliding glass doors) and any other side wall openings of 48 inches 
or greater in width, and under load-bearing porch posts, factory 
installed fireplaces, and fireplace stoves).
    (2) Other perimeter supports must be:
    (i) Located in accordance with Table 2 to Sec. 3285.303; or
    (ii) Provided by other means such as additional outriggers or floor 
joists. When this alternative is used, the designs required by 
Sec. 3285.301 must consider the additional loads in sizing the pier and 
footing supports under the main chassis beam.

[[Page 224]]

    (b) For roof live loads of 40 psf or greater, a professional 
engineer or architect must determine the maximum sidewall opening 
permitted without perimeter pier or other supports.
    (c) The location and installation of any perimeter pier support must 
not take the home out of compliance with the Manufactured Home 
Construction and Safety Standards (part 3280 of this chapter).



Sec. 3285.312  Footings.

    (a) Materials approved for footings must provide equal load-bearing 
capacity and resistance to decay, as required by this section. Footings 
must be placed on undisturbed soil or fill compacted to 90 percent of 
maximum relative density. A footing must support every pier. Footings 
are to be either:
    (1) Concrete.
    (i) Four inch nominal precast concrete pads meeting or exceeding 
ASTM C 90-02a, Standard Specification for Loadbearing Concrete Masonry 
Units (incorporated by reference, see Sec. 3285.4), without 
reinforcement, with at least a 28-day compressive strength of 1,200 
pounds per square inch (psi); or
    (ii) Six inch minimum poured-in-place concrete pads, slabs, or 
ribbons with at least a 28-day compressive strength of 3,000 pounds per 
square inch (psi). Site-specific soil conditions or design load 
requirements may also require the use of reinforcing steel in cast-in-
place concrete footings.
    (2) Pressure-treated wood.
    (i) Pressure-treated wood footings must consist of a minimum of two 
layers of nominal 2-inch thick pressure-treated wood, a single layer of 
nominal \3/4\-inch thick, pressure-treated plywood with a maximum size 
of 16 inches by 16 inches, or at least two layers of \3/4\-inch thick, 
pressure-treated plywood for sizes greater than 16 inches by 16 inches. 
Plywood used for this purpose is to be rated exposure 1 or exterior 
sheathing, in accordance with PS1-95, Construction and Industrial 
Plywood (incorporated by reference, see Sec. 3285.4).
    (ii) Pressure treated lumber is to be treated with a water-borne 
adhesive, in accordance with AWPA Standard U1-04 (incorporated by 
reference, see Sec. 3285.4) for Use Category 4B ground contact 
applications.
    (iii) Cut ends of pressure treated lumber must be field-treated, in 
accordance with AWPA Standard M4-02 (incorporated by reference, see 
Sec. 3285.4).
    (3) ABS footing pads.
    (i) ABS footing pads are permitted, provided they are installed in 
accordance with the pad manufacturer installation instructions and 
certified for use in the soil classification at the site.
    (ii) ABS footing pads must be listed or labeled for the required 
load capacity.
    (4) Other Materials. Footings may be of other materials than those 
identified in this section, provided they are listed for such use and 
meet all other applicable requirements of this subpart.
    (b) Placement in freezing climates. Footings placed in freezing 
climates must be designed using methods and practices that prevent the 
effects of frost heave by one of the following methods:
    (1) Conventional footings. Conventional footings must be placed 
below the frost line depth for the site unless an insulated foundation 
or monolithic slab is used (refer to Secs. 3285.312(b)(2) and 
3285.312(b)(3)). When the frost line depth is not available from the 
LAHJ, a registered professional engineer, registered architect, or 
registered geologist must be consulted to determine the required frost 
line depth for the manufactured home site. This is not subject to the 
provisions in Sec. 3285.2(c) that also require review by the 
manufacturer and approval by its DAPIA for any variations to the 
manufacturer's installation instructions for support and anchoring.
    (2) Monolithic slab systems. A monolithic slab is permitted above 
the frost line when all relevant site-specific conditions, including 
soil characteristics, site preparation, ventilation, and insulative 
properties of the under floor enclosure, are considered and anchorage 
requirements are accommodated as set out in Sec. 3285.401. The 
monolithic slab system must be designed by a registered professional 
engineer or registered architect:
    (i) In accordance with acceptable engineering practice to prevent 
the effects of frost heave; or

[[Page 225]]

    (ii) In accordance with SEI/ASCE 32-01 (incorporated by reference, 
see Sec. 3285.4).
    (3) Insulated foundations. An insulated foundation is permitted 
above the frost line, when all relevant site-specific conditions, 
including soil characteristics, site preparation, ventilation, and 
insulative properties of the under floor enclosure, are considered, and 
the foundation is designed by a registered professional engineer or 
registered architect:
    (i) In accordance with acceptable engineering practice to prevent 
the effects of frost heave; or
    (ii) In accordance with SEI/ASCE 32-01 (incorporated by reference, 
see Sec. 3285.4).
    (c) Sizing of footings. The sizing and layout of footings depends on 
the load-bearing capacity of the soil, footings, and the piers. See 
Secs. 3285.202 and 3285.303, and Table to 3285.312.
[GRAPHIC] [TIFF OMITTED] TR19OC07.012

    Notes: 1. Refer to Table 1 of Sec. 3285.303 for pier and footing 
requirements when frame blocking only is used.
    2. In addition to blocking required by Sec. 3285.311, see Table 2 to 
Sec. 3285.303 for maximum perimeter blocking loads.
    3. End piers under main I-beams may be set back a maximum of 24 
inches, as measured from the outside edge of the floor to the center of 
the pier.
    4. Place piers on both sides of sidewall exterior doors, patio 
doors, and sliding glass doors; under porch posts, factory-installed 
fireplaces, and fireplace stoves; under jamb studs at multiple window 
openings; and at any other sidewall openings 48 inches or greater in 
width. For roof loads of 40 psf or greater, a professional engineer or 
registered architect must determine the maximum sidewall opening 
permitted without perimeter supports. See Secs. 3285.307 and 3285.311 
for additional requirements and for locating perimeter supports.

[[Page 226]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.013

    Notes: 1. Refer to Table 1 to Sec. 3285.303 for pier and footing 
requirements when frame blocking only is used.
    2. In addition to blocking required by Sec. 3285.311, see Tables 2 
and 3 to Sec. 3285.303 for maximum perimeter blocking loads.
    3. End piers under main I-beams may be set back a maximum of 24 
inches, as measured from the outside edge of the floor to the center of 
the pier.
    4. Place piers on both sides of sidewall exterior doors, patio 
doors, and sliding glass doors; under porch posts, factory-installed 
fireplaces, and fireplace stoves; under jamb studs at multiple window 
openings; and at any other sidewall openings of 48 inches or greater in 
width. For roof loads of 40 psf or greater, a professional engineer or 
registered architect must determine the maximum side wall opening 
permitted without perimeter supports or mating wall opening permitted 
without pier or other supports. See Secs. 3285.307 and 3285.311 for 
additional information on requirements and for locating perimeter 
supports.
    5. When an end pier under the mate-line also serves as a column 
pier, it may be set back a maximum of 6 in., as measured from the inside 
edge of the exterior wall to the center of the pier.

                                 Table to Sec.  3285.312--The Size and Capacity for Unreinforced Cast-in-Place Footings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       8 in.  16 in. pier                  16 in.  16 in. pier
                                                                             ---------------------------------------------------------------------------
                   Soil capacity (psf)                      Minimum footing                      Unreinforced cast-                    Unreinforced cast-
                                                               size (in.)      Maximum footing    in-place minimum   Maximum footing    in-place minimum
                                                                               capacity (lbs.)    thickness (in.)    capacity (lbs.)    thickness (in.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1,000....................................................            16  16              1,600                  6              1,600                  6
                                                                     20  20              2,600                  6              2,600                  6
                                                                     24  24              3,700                  6              3,700                  6
                                                                     30  30              5,600                  8              5,800                  6
                                                                     36  36              7,900                 10              8,100                  8
                                                                     42  42         \4\ 10,700                 10             10,700                 10
                                                                     48  48         \4\ 13,100                 12             13,600                 10
1,500....................................................            16  16              2,500                  6              2,500                  6
                                                                     20  20              4,000                  6              4,000                  6
                                                                     24  24              5,600                  8              5,700                  6
                                                                     30  30          \4\ 8,500                 10              8,900                  8
                                                                     36  36         \4\ 12,400                 10             12,600                  8
                                                                     42  42         \4\ 16,500                 12          \4\16,800                 10
                                                                     48  48         \4\ 21,200                 14          \4\21,600                 12
2,000....................................................            16  16              3,400                  6              3,400                  6
                                                                     20  20              5,300                  6              5,300                  6
                                                                     24  24              7,600                  8              7,700                  6
                                                                     30  30         \4\ 11,700                 10             11,900                  8
                                                                     36  36         \4\ 16,700                 15         \4\ 16,900                 10
                                                                     42  42         \4\ 21,700                 18         \4\ 22,700                 12

[[Page 227]]

 
2,500....................................................            16  16              4,300                  6              4,300                  6
                                                                     20  20              6,700                  6              6,700                  6
                                                                     24  24          \4\ 9,600                  8              9,700                  6
                                                                     30  30         \4\ 14,800                 10             15,000                  8
                                                                     36  36         \4\ 20,700                 12         \4\ 21,400                 10
3,000....................................................            16  16              5,200                  6              5,200                  6
                                                                     20  20              8,100                  8              8,100                  6
                                                                     24  24         \4\ 11,500                 10             11,700                  6
                                                                     30  30         \4\ 17,800                 12         \4\ 18,100                  8
                                                                     36  36         \4\ 25,400                 14         \4\ 25,900                 10
4,000....................................................            16  16              7,000                  6              7,000                  6
                                                                     20  20         \4\ 10,800                  8             10,900                  6
                                                                     24  24         \4\ 15,500                 10             15,600                  8
                                                                     30  30         \4\ 23,300                 12         \4\ 24,200                 10
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Notes: 1. The footing sizes shown are for square pads and are based 
on the area (in.\2\), shear and bending required for the loads shown. 
Other configurations, such as rectangular or circular configurations, 
can be used, provided the area and depth is equal to or greater than the 
area and depth of the square footing shown in the table, and the 
distance from the edge of the pier to the edge of the footing is not 
less than the thickness of the footing.
    2. The 6 in. cast-in-place values can be used for 4 in. unreinforced 
precast concrete footings.
    3. The capacity values listed have been reduced by the dead load of 
the concrete footing.
    4. Concrete block piers must not exceed their design capacity of 
8,000 lbs. for 8"  16" single stack block and 16,000 lbs. for 16"  16" 
double stack block.
    5. A registered professional engineer or registered architect must 
prepare the design, if the design loads exceed the capacity for single 
or double stack concrete block piers shown in footnote 4.



Sec. 3285.313  Combination systems.

    Support systems that combine both load-bearing capacity and uplift 
resistance must also be sized and designed for all applicable design 
loads.



Sec. 3285.314  [Reserved]



Sec. 3285.315  Special snow load conditions.

    (a) General. Foundations for homes designed for and located in areas 
with roof live loads greater than 40 psf must be designed by the 
manufacturer for the special snow load conditions, in accordance with 
acceptable engineering practice. Where site or other conditions prohibit 
the use of the manufacturer's instructions, a registered professional 
engineer or registered architect must design the foundation for the 
special snow load conditions.
    (b) Ramadas. Ramadas may be used in areas with roof live loads 
greater than 40 psf. Ramadas are to be self-supporting, except that any 
connection to the home must be for weatherproofing only.



                    Subpart E_Anchorage Against Wind



Sec. 3285.401  Anchoring instructions.

    (a) After blocking and leveling, the manufactured home must be 
secured against the wind by use of anchor assembly type installations or 
by connecting the home to an alternative foundation system. See 
Sec. 3285.301.
    (b) For anchor assembly type installations, the installation 
instructions must require the home to be secured against the wind, as 
described in this section. The installation instructions and design for 
anchor type assemblies must be prepared by a registered professional 
engineer or registered architect, in accordance with acceptable 
engineering practice, the design loads of the MHCSS, and 
Sec. 3285.301(d).
    (c) All anchoring and foundation systems must be capable of meeting 
the

[[Page 228]]

loads that the home was designed to withstand required by part 3280, 
subpart D of this chapter, as shown on the home's data plate. Exception: 
Manufactured homes that are installed in less restrictive roof load zone 
and wind zone areas may have foundation or anchorage systems that are 
capable of meeting the lower design load provisions of the Standards, if 
the design for the lower requirements is either provided in the 
installation instructions or the foundation and anchorage system is 
designed by a professional engineer or registered architect.
    (d) The installation instructions are to include at least the 
following information and details for anchor assembly-type 
installations:
    (1) The maximum spacing for installing diagonal ties and any 
required vertical ties or straps to ground anchors;
    (2) The minimum and maximum angles or dimensions for installing 
diagonal ties or straps to ground anchors and the main chassis members 
of the manufactured home;
    (3) Requirements for connecting the diagonal ties to the main 
chassis members of the manufactured home. If the diagonal ties are 
attached to the bottom flange of the main chassis beam, the frame must 
be designed to prevent rotation of the beam;
    (4) Requirements for longitudinal and mating wall tie-downs and 
anchorage;
    (5) The method of strap attachment to the main chassis member and 
ground anchor, including provisions for swivel-type connections;
    (6) The methods for protecting vertical and diagonal strapping at 
sharp corners by use of radius clips or other means; and
    (7) As applicable, the requirements for sizing and installation of 
stabilizer plates.



Sec. 3285.402  Ground anchor installations.

    (a) Ground anchor certification and testing. (1) Each ground anchor 
assembly must be manufactured and provided with installation 
instructions, and must be labeled or otherwise identified and subject to 
an on-going quality assurance surveillance program in accordance with 
its listing or certification (see 24 CFR 3285.5) by a nationally 
recognized testing laboratory. A registered professional engineer or 
architect must certify that each ground anchor assembly is capable of 
resisting all loads in paragraph (c) of this section based on the test 
methods in paragraph (b) of this section for use in soil(s) classified 
in accordance with Sec. 3285.202.
    (2) Each ground anchor assembly that has been listed prior to 
November 10, 2014 is not subject to paragraph (b) of this section, 
provided it has been previously tested in accordance with this 
paragraph. A professional engineer or registered architect must have 
certified the testing. The ground anchor must be listed by a nationally 
recognized testing agency and the listing or certification includes or 
has met all of the following requirements:
    (i) A minimum of three tests meeting all of the requirements of this 
section were conducted for each ground anchor assembly design;
    (ii) Each of the ground anchor assembly designs tested must have met 
or exceeded a working load of 3,150 pounds and sustained an ultimate 
load of 4,725 pounds in the weakest soil classification for which the 
anchors were tested and certified;
    (iii) The soil in which the anchor was certified has been classified 
by one of the methods indicated in Sec. 3285.202 of these Standards and 
the anchor is not listed for use in a weaker/higher soil classification 
than tested and identified in the Table to Sec. 3285.202;
    (iv) A test report was provided for each ground anchor assembly 
design that identifies the soil classification in which the ground 
anchor was tested and listed and includes complete specifications and 
dimensions for the ground anchor assembly;
    (v) For each of the ground anchor assemblies tested, the maximum 
deflection at 3,150 pounds did not exceed two inches vertically or three 
inches horizontally;
    (vi) For each of the ground anchor assemblies tested, the maximum 
deflection at 4,725 pounds did not exceed two inches vertically or three 
inches horizontally;

[[Page 229]]

    (vii) For the stabilizer plate test method, at least three tests 
were performed at the minimum angle of pull to the horizontal specified 
in the listing and the minimum angle of pull to the horizontal must have 
been at least 30 degrees. Any existing ground anchor assembly tests and 
certifications where the angle of pull was less than 30 degrees will 
need to be re-evaluated in accordance with paragraph (b) of this 
section; and
    (viii) For the stabilizer plate test method, the minimum angle of 
pull to the horizontal is specified in the listing.
    (b) Standard test methods for establishing working load design 
values of ground anchor assemblies used for new manufactured home 
installations--(1) Scope. (i) These testing procedures provide standard 
test methods for establishing both ultimate loads and load resistance 
design values.
    (ii) Each assembly or component of an anchor assembly must be tested 
by the methods established by this section, and therefore be suitable, 
as listed or certified for installation in an appropriately classified 
soil, for installation of manufactured homes.
    (iii) To secure approval of ground anchor assembly products and 
components, ground anchor manufacturers must have their products tested 
and listed by a nationally recognized testing laboratory, or tested and 
certified by an independent registered professional engineer.
    (iv) The testing laboratory or independent registered engineer must 
be free from any conflict of interest from the product manufacturer and 
any of the product manufacturer's affiliates.
    (2) Definitions. The definitions contained in this section apply to 
the terms used in subpart E of this part.
    Allowable displacement limits. Criteria establishing the maximum 
amount of displacement of a material, assembly, or component under load.
    Certification test site. A site used for the purpose of anchor 
assembly qualification testing in accordance with this section.
    Cohesive soil. A soil with sufficient clay content to exhibit 
substantial plastic behavior when moist or wet (i.e., able to be readily 
molded or rolled into a \1/8\ -inch thread at a wide range of moisture 
contents).
    Ground anchor manufacturer. Any person or company engaged in 
manufacturing or importing ground anchor assemblies.
    Non-Cohesive soil. Sand, gravel, and similar soils that are 
predominantly granular and lack a sufficient quantity of fine, clay-
sized particles to exhibit the behavior of cohesive soil as defined in 
this section.
    Ultimate anchor load. The lower of either the highest load achieved 
during an individual test prior to failure due to exceeding allowable 
displacement limits or the load at failure of the anchoring equipment or 
its attachment point to the testing apparatus.
    Working anchor load. The ultimate anchor load in pounds divided by a 
factor of safety of 1.5.
    (3) Determination of soil classification--(i) General description of 
soil classification. The general description of soil classification is 
to be determined in accordance with the methods specified in the Table 
to Sec. 3285.202.
    (ii) Standards for identification of soil and soil classification. 
The soil test torque probe method must be used at the certification test 
site for soil classification. At a minimum, the soil test torque probe 
must be used at three sample locations representative of the extent of 
the certification site test area. Soil characteristics must be measured 
at a depth below ground surface of not greater than the anchor helix 
depth and not less than \2/3\ of the anchor helix depth for each ground 
anchor depth evaluated within the test area. The lowest torque probe 
value resulting in the highest soil classification number must be used. 
Additional guidance regarding the soil test torque probe method is 
available at the Appendix to this section and at Sec. 3282.202.
    (iii) Classification in non-cohesive soils. Ground anchor assemblies 
must be tested and listed or certified, and labeled for use in non-
cohesive soil. Ground anchor assemblies are permitted to be tested, 
listed or certified, and labeled for use in cohesive soil.
    (4) Field testing apparatus. (i) The testing equipment for 
conducting tests to list or certify a ground anchor assembly for use in 
a classified soil must

[[Page 230]]

be capable of meeting the requirements of paragraph (b)(7) of this 
section as determined by the testing agency.
    (ii) The testing equipment shall be calibrated to meet the testing 
requirements of paragraph (b)(7) of this section as determined by the 
testing agency.
    (5) Test specimens details and selection. (i) Test specimens are to 
be examined by the independent testing, listing, or certifying entity 
for conformance with engineered drawings, specifications, and other 
information provided by the ground anchor manufacturer or producer 
including:
    (A) Dimensions and specifications on all welds and fasteners;
    (B) Dimensions and specifications of all metal or material;
    (C) Model number and its location on the ground anchor; and
    (ii) Necessary test specimens and products for the installed anchor 
assembly tests must be randomly selected by the independent testing, 
listing, or certifying entity.
    (6) Test requirements. (i) Field tests must be performed on each 
anchor assembly installed in a classified soil as defined in paragraph 
(b)(3) of this section.
    (ii) Field test apparatuses must be as specified in paragraph (b)(4) 
of this section, and must conform to the testing requirements of 
paragraph (b)(7) of this section.
    (iii) Testing equipment shall be adequate for testing as determined 
by the testing agency.

    Note to paragraph (b)(6): As a recommended practice, the test rig 
soil reactions (bearing pads) should not be located closer to the center 
of the anchor assembly (anchor head) than the lesser of D, 4d, or 32 
inches where D is the depth of the anchor helix and d is the diameter of 
the anchor helix, both in inches. However, experience with a particular 
test rig, types of anchors, and soil conditions may justify other 
acceptable dimensional tolerances.

    (7) Field tests of anchor assemblies. (i) The soil characteristics 
at the certification test site must be identified and recorded according 
to paragraph (b)(3) of this section. The date, approximate time, and 
names of persons conducting and witnessing the anchor assembly tests 
must also be recorded at each certification test site.
    (ii) Connection of the testing apparatus to the anchor assembly head 
must provide loading conditions to the anchor head, similar to actual 
site conditions. Adequacy of the connection must be determined by the 
testing agency or test engineer.
    (iii) For soil classifications 3, 4A, and 4B, testing must be 
performed in the lower 50 percentile torque probe value of the soil 
classification being tested. For soil classifications 1 and 2 the torque 
probe value must not exceed 750 inch-pounds.
    (iv) A minimum of three tests must be performed and the result of 
each test must meet or exceed 4,725 pounds pull (3,150  1.5 factor of 
safety) in the direction of pull.
    (v) Special-purpose anchor assemblies, including those needed to 
accommodate unique design loads identified by manufacturers in their 
installation instructions, may be certified under this section or to 
more stringent requirements such as higher working loads, more 
restrictive anchor head displacements and/or tested angle limitations.
    (vi) Angle of pull. Where the test apparatus configuration results 
in a changing angle of pull due to anchor assembly displacement during a 
lateral angle pull test, the angle of pull at the ultimate anchor load 
is to be recorded as the load angle for the test. Load angles are to be 
measured relative to the plane of the ground surface and shall be 
permitted to be rounded to the nearest 5-degree increment.
    (vii) Displacement measurement. Vertical displacement (for all 
tests) and horizontal displacement (for lateral angle pull tests) must 
be measured relative to the centerline of the test apparatus' connection 
to the ground anchor assembly (anchor head) and the ground. A stable 
ground reference point for displacement measurements must be located 
independent of the test apparatus and not closer to the anchor assembly 
than the soil reaction points of the test apparatus. Displacement 
measurements shall be taken using a device with not less than \1/8\-inch 
reading increments. Measurements shall be permitted to be rounded to the 
nearest \1/8\-inch increment.

[[Page 231]]

    (8) Anchor assembly field test methods. (i) An anchor assembly must 
be tested in accordance with one or more of the assembly configurations 
addressed in paragraphs (b)(8)(iii), (iv) and (v) of this section. The 
as-tested configuration of any anchor assembly is a condition of the 
listing or certification. Alternate configurations are acceptable 
provided test conditions appropriately simulate actual end-use 
conditions and the as-tested configuration is addressed in the 
manufacturer's installation instructions.
    (ii) Anchor assemblies designed for multiple connections to the 
manufactured home must be individually tested as specified in paragraphs 
(b)(8)(iii) and (iv) of this section.
    (iii) Anchor assembly/stabilizer plate method. The following anchor 
assembly installation and testing must be consistently applied for all 
tests:
    (A) The ground anchor is to be installed at an angle of 10-15 
degrees from vertical to a depth of one-half (\1/2\) to two-thirds (\2/
3\) of the anchor length.
    (B) A stabilizer plate is to be driven vertically on the side of the 
ground anchor shaft facing the tensioning equipment three inches (3") 
from the shaft and the top of the plate must be installed flush with the 
soil surface or not more than one inch below the soil surface.
    (C) The ground anchor is to be driven to its full depth into the 
soil with the bottom of the anchor head not more than \3/4\ inch (\3/
4\") above the stabilizer plate.
    (D) The ground anchor head is to be attached to the tensioning 
equipment such that the tension load and displacement can be recorded. 
The tensioning equipment must be positioned to load the ground anchor 
and stabilizer plate at the minimum angle to the test site ground 
surface for which the anchor is being evaluated.
    (E) The ground anchor is to be pre-tensioned to 500 pounds so that 
the anchor shaft contacts the stabilizer plate. If the anchor shaft does 
not come into contact with the stabilizer plate an anchor setting load 
not to exceed 1,000 pounds is permitted to be applied and then released 
prior to re-application of the 500-pound pre-tension force.
    (F) The location of the ground anchor head is to be marked after it 
is pre-tensioned for measuring subsequent movement under test loading.
    (G) Increase the load throughout the test. The recommended rate of 
load application must be such that the loading to not less than 4725 
pounds is reached in not less than 2 minutes from the time the 500 pound 
pre-tension load is achieved.
    (H) Record the load and displacement, at a minimum of 500-1000 pound 
increments, such that a minimum of five data points will be obtained to 
determine a load deflection curve. For each datum, the applied load and 
the ground anchor head displacement is to be recorded. In addition, the 
load and displacement is to be recorded at the Failure Mode identified 
in paragraph (b)(10) of this section. It is permissible to halt the 
addition of load at each loading increment for up to 60 seconds to 
facilitate taking displacement readings. The ultimate anchor load of the 
ground anchor assembly and corresponding displacement is to be recorded. 
The pre-tension load of 500 pounds should be included in the 4725 pound 
ultimate anchor load test. It is permissible to interpolate between 
displacement and load measurements to determine the ultimate anchor 
load.
    (I) All ground anchor assemblies must be tested to the following:
    (1) Failure due to displacement of the ground anchor assembly as 
established in paragraph (b)(9) of this section, or
    (2) Failure of either the anchoring equipment or its attachment 
point to the testing apparatus, or to a minimum of 4725 pounds (when 
possible tests should be taken to 6000 pounds to provide additional data 
but this is not required).
    (iv) Vertical in-line anchor assembly method. Anchor assembly 
installation and withdrawal procedures for test purposes are to be as 
follows, and be used consistently throughout all tests;
    (A) The ground anchor must be installed vertically.
    (B) The ground anchor must be driven to its full depth into the 
soil.
    (C) The ground anchor head must be attached to the tensioning 
equipment such that the load and ground anchor head displacement can be 
recorded.

[[Page 232]]

    (D) The ground anchor must be pulled in line with the ground anchor 
shaft.
    (E) The ground anchor shall be pre-tensioned to 500 pounds.
    (F) The location of the ground anchor head must be marked after it 
is pre-tensioned for measuring subsequent movement under test loading.
    (G) Increase the load throughout the test. The recommended rate of 
load application shall be such that the loading to not less than 4725 
pounds is reached in not less than 2 minutes from the time the 500 pound 
pre-tension load is achieved.
    (H) Record the load and displacement, at a minimum of 500-1000 pound 
increments, such that a minimum of five data points will be obtained to 
determine a load deflection curve. For each datum, the applied load and 
the ground anchor head displacement is to be recorded. In addition, the 
load and displacement is to be recorded at the Failure Mode identified 
in paragraph (b)(10) of this section. It is permissible to halt the 
addition of load at each loading increment for up to 60 seconds to 
facilitate taking displacement readings. The ultimate anchor load of the 
ground anchor assembly and corresponding displacement is to be recorded. 
The pre-tension load of 500 pounds should be included in the 4725 pound 
ultimate anchor load test. It shall be permissible to interpolate 
between displacement and load measurements to determine the Ultimate 
anchor load.
    (I) All ground anchor assemblies must be tested to the following:
    (1) Failure due to displacement of the ground anchor assembly as 
established in paragraph (b)(9) of this section, or
    (2) Failure of either the anchoring equipment or its attachment 
point to the testing apparatus, or to a minimum of 4725 pounds (when 
possible tests should be taken to 6000 pounds to provide additional data 
but this is NOT required).
    (v) In line ground anchor assembly method. Ground anchor assembly 
installation and withdrawal procedures for test purposes must be as 
follows, and must be used consistently throughout all tests.
    (A) The ground anchor must be installed at an angle from the 
horizontal ground surface at which it is to be rated.
    (B) The ground anchor must be driven to its full depth into the 
soil.
    (C) The ground anchor head must be attached to the tensioning 
equipment such that tension and displacement can be recorded.
    (D) The anchor must be pulled in line with the ground anchor shaft.
    (E) The ground anchor shall be pre-tensioned 500 pounds.
    (F) The location of the ground anchor head is to be marked after it 
is pre-tensioned for measuring subsequent movement under test loading.
    (G) Increase the load throughout the test. The recommended rate of 
load application must be such that the loading to not less than 4725 
pounds is reached in not less than 2 minutes from the time the 500 pound 
pre-tension load is achieved.
    (H) Record the load and displacement, at a minimum of 500-1000 pound 
increments, such that a minimum of five data points will be obtained to 
determine a load deflection curve. For each datum, the applied load and 
the ground anchor head displacement is to be recorded. In addition, the 
load and displacement is to be recorded at the Failure Mode identified 
in paragraph (b)(10) of this section. It shall be permissible to halt 
the addition of load at each loading increment for up to 60 seconds to 
facilitate taking displacement readings. The ultimate anchor load of the 
ground anchor assembly and corresponding displacement must be recorded. 
The pre-tension load of 500 pounds should be included in the 4725 pound 
ultimate anchor load test. It is permissible to interpolate between 
displacement and load measurements to determine the Ultimate anchor 
load.
    (I) All ground anchor assemblies must be tested to the following:
    (1) failure due to displacement of the ground anchor assembly as 
established in paragraph (b)(9) of this section, or
    (2) Failure of either the anchoring equipment or its attachment 
point to the testing apparatus, or to a minimum of 4725 pounds (when 
possible tests should be taken to 6000 pounds to

[[Page 233]]

provide additional data but this is NOT required)
    Note to paragraph (b)(8). Additional testing at angles of pull 
greater than the minimum angle of pull may be used to provide design 
values for specific angles of pull greater than the minimum angle for 
which evaluation is sought.
    (9) Failure criteria. The following conditions constitute failure of 
the ground anchor test assembly:
    (i) When the ground anchor head, or its attachment point, displaces 
2 inches in the vertical or horizontal direction from its pre-tensioned 
measurement position prior to reaching a total load of 3150 pounds 
(including any pretension load).
    (ii) When the ground anchor head, or its attachment point, displaces 
2 inches (2") in the vertical direction or 3 inches (3") in the 
horizontal direction from its pre-tensioned measurement position prior 
to reaching a total load of 4725 pounds (including any pretension load).
    (iii) When breakage of any component of the ground anchor shaft 
occurs prior to reaching a total load of 4725 pounds.
    (10) Use of ultimate anchor loads to establish the working load 
design value. (i) The working load design value is the lowest ultimate 
anchor load determined by testing, divided by a 1.5 factor of safety.
    (ii) The working load design value, for each installation method and 
soil classification, shall be stated in the ground anchor assembly 
listing or certification. An anchor tested in a given soil 
classification number must not be approved for use in a higher/weaker 
soil classification number. For example an anchor tested in soil 
classification 3 must not be approved for soil classification 4A or 4B 
unless it is also tested in those soils. The 500 pound pre-tension is 
included in the ultimate anchor load.
    (11) Test report. The test report to support the listing or 
certification for each ground anchor assembly tested is to include all 
conditions under which the ground anchor assembly was tested, including 
the following:
    (i) A copy of all test data accumulated during the testing.
    (ii) The soil characteristics including moisture content and methods 
for determining soil characteristics for each type of soil for which the 
ground anchoring assembly was evaluated.
    (iii) The model of the ground anchor assembly tested.
    (iv) The ground anchor assembly test method used.
    (v) Detailed drawings including all dimensions of the ground anchor 
assembly and its components.
    (vi) Method of installation at the test site.
    (vii) Date of installation and date of testing.
    (viii) Location of the certification test site.
    (ix) Test equipment used.
    (x) For each anchor specimen tested: For each load increment the 
load in pounds and resultant displacements in inches in chart or graph 
form.
    (xi) The working load design value and ultimate anchor load 
determined in accordance with paragraph (b)(10) of this section.
    (xii) If required, a description of the stabilizer plate used in 
each ground anchor assembly/stabilizer plate test, including the name of 
the manufacturer.
    (xiii) Angle(s) of pull for which the anchor has been tested.
    (xiv) Embedment depth of the ground anchor assembly.
    (xv) The application and orientation of the applied load.
    (xvi) A description of the mode and location of failure for each 
ground anchor assembly tested.
    (xvii) Name and signature of the nationally recognized testing 
agency or registered professional engineer certifying the testing and 
evaluation.
    (xviii) The soil classification(s) for which each ground anchor 
assembly is certified for use and the working load design value and 
minimum ultimate load capacity for those soil classification(s).
    (12) Approved ground anchor assemblies. Each ground anchor 
manufacturer or producer must provide the following information for use 
of approved ground anchor assemblies and this information must also be 
included in the listing or certification for each ground anchor 
assembly:
    (i) Drawings showing ground anchor installation.

[[Page 234]]

    (ii) Specifications for the ground anchor assembly including:
    (A) Soils classifications listed or certified for use;
    (B) The working load and minimum ultimate anchor load capacity for 
the anchor assembly in the soil classification(s) it is listed or 
certified for use;
    (C) Model number and its location on the anchor;
    (D) Instructions for use, including pre-tensioning;
    (E) Angle(s) of pull for which the anchor has been listed and 
certified; and
    (F) Manufacturer, size and type of stabilizer plate required.
    (c) Specifications for tie-down straps and ground anchors--(1) 
Ground anchors. Ground anchors must be installed in accordance with 
their listing or certification, be installed to their full depth, be 
provided with protection against weather deterioration and corrosion at 
least equivalent to that provided by a coating of zinc on steel of not 
less than 0.30 oz./ft.\2\ of surface coated, and be capable of resisting 
a minimum ultimate load of 4,725 lbs. and a working load of 3,150 lbs., 
as installed, unless reduced capacities are noted in accordance with 
note 11 of Table 1 to this section or note 12 of Tables 2 and 3 to this 
section. The ultimate load and working load of ground anchors and 
anchoring equipment must be determined by a registered professional 
engineer, registered architect, or tested by a nationally recognized 
third-party testing agency in accordance with a nationally recognized 
testing protocol.
    (2) Tie-down straps. A 1\1/4\ inch  0.035 inch or larger steel 
strapping conforming to ASTM D 3953--97, Standard Specification for 
Strapping, Flat Steel and Seals (incorporated by reference, see 
Sec. 3285.4), Type 1, Grade 1, Finish B, with a minimum total capacity 
of 4,725 pounds (lbs.) and a working capacity of 3,150 pounds (lbs.) 
must be used. The tie-down straps must be provided with protection 
against weather deterioration and corrosion at least equivalent to that 
provided by a coating of zinc on steel of not less than 0.30 oz./ft.\2\ 
of surface coated. Slit or cut edges of coated strapping need not be 
zinc coated.
    (d) Number and location of ground anchors. (1) Ground anchor and 
anchor strap spacing must be:
    (i) No greater than the spacing shown in Tables 1 through 3 to this 
section and Figures A and B to this section; or
    (ii) Designed by a registered engineer or architect, in accordance 
with acceptable engineering practice and the requirements of the MHCSS 
for any conditions that are outside the parameters and applicability of 
the Tables 1 through 3 to this section.
    (2) The requirements in paragraph (c) of this section must be used 
to determine the maximum spacing of ground anchors and their 
accompanying anchor straps, based on the soil classification determined 
in accordance with Sec. 3285.202:
    (i) The installed ground anchor type and size (length) must be 
listed for use in the soil class at the site and for the minimum and 
maximum angle permitted between the diagonal strap and the ground; and
    (ii) All ground anchors must be installed in accordance with their 
listing or certification and the ground anchor manufacturer installation 
instructions; and
    (iii) If required by the ground anchor listing or certification, the 
correct size and type of stabilizer plate is installed. If metal 
stabilizer plates are used, they must be provided with protection 
against weather deterioration and corrosion at least equivalent to that 
provided by a coating of zinc on steel of not less than 0.30 oz./ft.2 of 
surface coated. Alternatively, ABS stabilizer plates may be used when 
listed and certified for such use.
    (3) Longitudinal anchoring. Manufactured homes must also be 
stabilized against wind in the longitudinal direction in all Wind Zones. 
Manufactured homes located in Wind Zones II and III must have 
longitudinal ground anchors installed on the ends of the manufactured 
home transportable section(s) or be provided with alternative systems 
that are capable of resisting wind forces in the longitudinal direction. 
See Figure C to Sec. 3285.402 for an example of one method that may be 
used to

[[Page 235]]

provide longitudinal anchoring. A professional engineer or registered 
architect must certify the longitudinal anchoring method or any 
alternative system used as adequate to provide the required 
stabilization, in accordance with acceptable engineering practice.
[GRAPHIC] [TIFF OMITTED] TR19OC07.014

    Notes: 1. Refer to Tables 1, 2, and 3 to this section for maximum 
ground anchor spacing.
    2. Longitudinal anchors not shown for clarity; refer to 
3285.402(b)(2) for longitudinal anchoring requirements.

[[Page 236]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.015

    Notes: 1. Vertical Straps are not required in Wind Zone I.
    2. The frame must be designed to prevent rotation of the main 
chassis beam, when the diagonal ties are not attached to the top flange 
of the beam. See Sec. 3285.401(d)(3).

[[Page 237]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.016


                 Table 1 to Sec.  3285.402--Maximum Diagonal Tie-Down Strap Spacing, Wind Zone I
----------------------------------------------------------------------------------------------------------------
                                        Max. heightfrom ground
 Nominal floor width, single section/     to diagonal strap     I-beam spacing 82.5 in.   I-beamspacing 99.5 in.
            multi-section                     attachment
----------------------------------------------------------------------------------------------------------------
12/24 ft. 144 in. nominal section(s).  25 in..................  14 ft. 2 in............  N/A.
                                       33 in..................  11 ft. 9in.............  N/A.

[[Page 238]]

 
                                       46 in..................  9 ft. 1in..............  N/A.
                                       67 in..................  N/A....................  N/A.
----------------------------------------------------------------------------------------------------------------
14/28 ft. 168 in. nominal section(s).  25 in..................  18 ft. 2in.............  15 ft. 11 in.
                                       33 in..................  16 ft. 1 in............  13 ft. 6 in.
                                       46 in..................  13 ft. 3 in............  10 ft. 8in.
                                       67 in..................  10 ft. 0 in............  N/A.
----------------------------------------------------------------------------------------------------------------
16/32 ft. 180 in. to 192 in. nominal   25 in..................  N/A....................  19 ft. 5in.
 section(s).
                                       33 in..................  19 ft. 0 in............  17 ft. 5 in.
                                       46 in..................  16 ft. 5 in............  14 ft. 7 in.
                                       67 in..................  13 ft. 1 in............  11 ft. 3 in.
----------------------------------------------------------------------------------------------------------------

    Notes: 1. Table is based on maximum 90 in. sidewall height.
    2. Table is based on maximum 4 in. inset for ground anchor head from 
edge of floor or wall.
    3. Table is based on main rail (I-beam) spacing per given column.
    4. Table is based on maximum 4 in. eave width for single-section 
homes and maximum 12 in. for multi-section homes.
    5. Table is based on maximum 20-degree roof pitch (4.\3/12\).
    6. Table is based upon the minimum height between the ground and the 
bottom of the floor joist being 18 inches. Interpolation may be required 
for other heights from ground to strap attachment.
    7. Additional tie-downs may be required per the home manufacturer 
instructions.
    8. Ground anchors must be certified for these conditions by a 
professional engineer, architect, or listed by a nationally recognized 
testing laboratory.
    9. Ground anchors must be installed to their full depth, and 
stabilizer plates, if required by the ground anchor listing or 
certification, must also be installed in accordance with the listing or 
certification and in accordance with the ground anchor and home 
manufacturer instructions.
    10. Strapping and anchoring equipment must be certified by a 
registered professional engineer or registered architect, or listed by a 
nationally recognized testing agency to resist these specified forces, 
in accordance with testing procedures in ASTM D 3953-97, Standard 
Specification for Strapping, Flat Steel and Seals (incorporated by 
reference, see Sec. 3285.4).
    11. A reduced ground anchor or strap working load capacity will 
require reduced tie-down strap and anchor spacing.
    12. Ground anchors must not be spaced closer than the minimum 
spacing permitted by the listing or certification.
    13. Table is based on a 3,150 lbs. working load capacity, and straps 
must be placed within 2 ft. of the ends of the home.
    14. Table is based on a minimum angle of 30 degrees and a maximum 
angle of 60 degrees between the diagonal strap and the ground.
    15. Table does not consider flood or seismic loads and is not 
intended for use in flood or seismic hazard areas. In those areas, the 
anchorage system is to be designed by a professional engineer or 
architect.

                                    Table 2 to Sec.  3285.402--Maximum Diagonal Tie-Down Strap Spacing, Wind Zone II.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Max. height from            Near beam method I-beam spacing               Second beam method I-beam spacing
Nominal floor width, single section/   ground to diagonal   --------------------------------------------------------------------------------------------
           multi-section                strap attachment            82.5 in.                99.5 in.               82.5 in.               99.5 in.
--------------------------------------------------------------------------------------------------------------------------------------------------------
12 ft/24 ft. 144 in. nominal         25 in.................  6 ft. 2 in............  4 ft. 3 in...........  N/A..................  N/A
 section(s).
                                     33 in.................  5 ft. 2 in............  N/A..................  N/A..................  N/A
                                     46 in.................  4 ft. 0 in............  N/A..................  N/A..................  N/A
                                     67 in.................  N/A...................  N/A..................  6 ft 1 in............  6 ft 3 in
--------------------------------------------------------------------------------------------------------------------------------------------------------
14 ft/28 ft. 168 in. nominal         25 in.................  7 ft. 7 in............  6 ft. 9 in...........  N/A..................  N/A
 section(s).
                                     33 in.................  6 ft. 10 in...........  5 ft. 9 in...........  N/A..................  N/A
                                     46 in.................  5 ft. 7 in............  4 ft. 6 in...........  N/A..................  N/A
                                     67 in.................  4 ft. 3 in............  N/A..................  N/A..................  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
16 ft/32 ft. 180 in. to 192 in.      25 in.................  N/A...................  7 ft. 10 in..........  N/A..................  N/A
 nominal section(s).

[[Page 239]]

 
                                     33 in.................  7 ft. 6 in............  7 ft. 2 in...........  N/A..................  N/A
                                     46 in.................  6 ft. 9 in............  6 ft. 0 in...........  N/A..................  N/A
                                     67 in.................  5 ft. 4 in............  4 ft. 7 in...........  N/A..................  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Notes: 1. Table is based on maximum 90 in. sidewall height.
    2. Table is based on maximum 4 in. inset for ground anchor head from 
edge of floor or wall.
    3. Tables are based on main rail (I-beam) spacing per given column.
    4. Table is based on maximum 4 in. eave width for single-section 
homes and maximum 12 in. for multi-section homes.
    5. Table is based on maximum 20-degree roof pitch (4.3/12).
    6. All manufactured homes designed to be located in Wind Zone II 
must have a vertical tie installed at each diagonal tie location.
    7. Table is based upon the minimum height between the ground and the 
bottom of the floor joist being 18 inches. Interpolation may be required 
for other heights from ground to strap attachment.
    8. Additional tie downs may be required per the home manufacturer 
instructions.
    9. Ground anchors must be certified by a professional engineer, or 
registered architect, or listed by a nationally recognized testing 
laboratory.
    10. Ground anchors must be installed to their full depth, and 
stabilizer plates, if required by the ground anchor listing or 
certification, must also be installed in accordance with the listing or 
certification and in accordance with the ground anchor and home 
manufacturer instructions.
    11. Strapping and anchoring equipment must be certified by a 
registered professional engineer or registered architect or must be 
listed by a nationally recognized testing agency to resist these 
specified forces, in accordance with testing procedures in ASTM D 3953--
97, Standard Specification for Strapping, Flat Steel and Seals 
(incorporated by reference, see Sec. 3285.4).
    12. A reduced ground anchor or strap working load capacity will 
require reduced tie-down strap and anchor spacing.
    13. Ground anchors must not be spaced closer than the minimum 
spacing permitted by the listing or certification.
    14. Table is based on a 3,150 lbs. working load capacity, and straps 
must be placed within 2 ft. of the ends of the home.
    15. Table is based on a minimum angle of 30 degrees and a maximum of 
60 degrees between the diagonal strap and the ground.
    16. Table does not consider flood or seismic loads and is not 
intended for use in flood or seismic hazard areas. In those areas, the 
anchorage system is to be designed by a professional engineer or 
architect.

               Table 3 to Sec.  3285.402--Maximum Diagonal Tie-down Strap Spacing, Wind Zone III.
----------------------------------------------------------------------------------------------------------------
                                 Max. height from    Near beam method I-beam spacing      Second beam method I-
  Nominal floor width, single       ground to     -------------------------------------       beam spacing
     section/multi-section        diagonal strap                                       -------------------------
                                    attachment          82.5 in.          99.5 in.        82.5 in.     99.5 in.
----------------------------------------------------------------------------------------------------------------
12 ft./24 ft. 144 in. nominal   25 in............  5 ft. 1 in.......  N/A.............  N/A........  N/A
 section(s).
                                33 in............  4 ft. 3 in.......  N/A.............  N/A........  N/A
                                46 in............  N/A..............  N/A.............  N/A........  N/A
                                67 in............  N/A..............  N/A.............  N/A........  N/A
14 ft./28 ft. 168 in. nominal   25 in............  6 ft. 2 in.......  5 ft. 7 in......  N/A........  N/A
 section(s).
                                33 in............  5 ft. 8 in.......  4 ft. 9 in......  N/A........  N/A
                                46 in............  4 ft. 8 in.......  N/A.............  N/A........  N/A
                                67 in............  N/A..............  N/A.............  N/A........  N/A
16 ft./32 ft. 180 in. to 192    25 in............  N/A..............  6 ft. 3 in......  N/A........  N/A
 in. nominal sections.
                                33 in............  6 ft. 1 in.......  5 ft. 11 in.....  N/A........  N/A
                                46 in............  5 ft. 7 in.......  5 ft. 0 in......  N/A........  N/A
                                67 in............  4 ft. 5 in.......  N/A.............  N/A........  N/A
----------------------------------------------------------------------------------------------------------------


[[Page 240]]

    Notes: 1. Table is based on maximum 90 in. sidewall height.
    2. Table is based on maximum 4 in. inset for ground anchor head from 
edge of floor or wall.
    3. Table is based on main rail (I-beam) spacing per given column.
    4. Table is based on maximum 4 in. eave width for single-section 
homes and maximum 12 in. for multi-section homes.
    5. Table is based on maximum 20-degree roof pitch (4.3/12).
    6. All manufactured homes designed to be located in Wind Zone III 
must have a vertical tie installed at each diagonal tie location.
    7. Table is based upon the minimum height between the ground and the 
bottom of the floor joist being 18 inches. Interpolation may be required 
for other heights from ground to strap attachment.
    8. Additional tie downs may be required per the home manufacturer 
instructions.
    9. Ground anchors must be certified by a professional engineer, or 
registered architect, or listed by a nationally recognized testing 
laboratory.
    10. Ground anchors must be installed to their full depth, and 
stabilizer plates, if required by the ground anchor listing or 
certification, must also be installed in accordance with the listing or 
certification and per the ground anchor and home manufacturer 
instructions.
    11. Strapping and anchoring equipment must be certified by a 
registered professional engineer or registered architect or must be 
listed by a nationally recognized testing agency to resist these 
specified forces, in accordance with testing procedures in ASTM D 3953-
97, Standard Specification for Strapping, Flat Steel and Seals 
(incorporated by reference, see Sec. 3285.4).
    12. A reduced ground anchor or strap working load capacity will 
require reduced tie-down strap and anchor spacing.
    13. Ground anchors must not be spaced closer than the minimum 
spacing permitted by the listing or certification.
    14. Table is based on a 3,150 lbs. working load capacity, and straps 
must be placed within 2 ft. of the ends of the home.
    15. Table is based on a minimum angle of 30 degrees and a maximum 
angle of 60 degrees between the diagonal strap and the ground.
    16. Table does not consider flood or seismic loads and is not 
intended for use in flood or seismic hazard areas. In those areas, the 
anchorage system is to be designed by a professional engineer or 
architect.

                        Appendix to Sec. 3285.402

    Torque Probe Method for determining soil classification: This kit 
contains a 5-foot long steel earth-probe rod, with a helix at the end. 
It resembles a wood-boring bit on a larger scale. The tip of the probe 
is inserted as deep as the bottom helix of the ground anchor assembly 
that is being considered for installation. The torque wrench is placed 
on the top of the probe. The torque wrench is used to rotate the probe 
steadily so one can read the scale on the wrench. If the torque wrench 
reads 551 inch-pounds or greater, then a Class 2 soil is present 
according to the Table to 24 CFR 3285.202(a)(3). A Class 3 soil is from 
351 to 550 inch-pounds. A Class 4A soil is from 276 to 350 inch-pounds, 
and a Class 4B soil is from 175 to 275 inch-pounds. When the torque 
wrench reading is below 175 inch-pounds, a professional engineer should 
be consulted.

[72 FR 59362, Oct. 19, 2007, as amended at 79 FR 53614, Sept. 10, 2014]



Sec. 3285.403  Sidewall, over-the-roof, mate-line, and shear wall straps.

    If sidewall, over-the-roof, mate-line, or shear wall straps are 
installed on the home, they must be connected to an anchoring assembly.



Sec. 3285.404  Severe climatic conditions.

    In frost-susceptible soil locations, ground anchor augers must be 
installed below the frost line, unless the foundation system is frost-
protected to prevent the effects of frost heave, in accordance with 
acceptable engineering practice and Sec. 3280.306 of this chapter and 
Sec. 3285.312.



Sec. 3285.405  Severe wind zones.

    When any part of a home is installed within 1,500 feet of a 
coastline in Wind Zones II or III, the manufactured home must be 
designed for the increased requirements, as specified on the home's data 
plate (refer to Sec. 3280.5(f) of this chapter) in accordance with 
acceptable engineering practice. Where site or other conditions prohibit 
the use of the manufacturer's instructions, a registered professional 
engineer or registered architect, in accordance with acceptable 
engineering practice, must design anchorage for the special wind 
conditions.



Sec. 3285.406  Flood hazard areas.

    Refer to Sec. 3285.302 for anchoring requirements in flood hazard 
areas.

[[Page 241]]



                       Subpart F_Optional Features



Sec. 3285.501  Home installation manual supplements.

    Supplemental instructions for optional equipment or features must be 
approved by the DAPIA as not taking the home out of conformance with the 
requirements of this part, or part 3280 of this chapter, and included 
with the manufacturer installation instructions.



Sec. 3285.502  Expanding rooms.

    The support and anchoring systems for expanding rooms must be 
installed in accordance with designs provided by the home manufacturer 
or prepared by a registered professional engineer or registered 
architect, in accordance with acceptable engineering practice.



Sec. 3285.503  Optional appliances.

    (a) Comfort cooling systems. When not provided and installed by the 
home manufacturer, any comfort cooling systems that are installed must 
be installed according to the appliance manufacturer's installation 
instructions.
    (1) Air conditioners. Air conditioning equipment must 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 or certification (see Sec. 3280.714 of this 
chapter).
    (i) Energy efficiency. (A) Site-installed central air conditioning 
equipment must be sized to meet the home's heat gain requirement, in 
accordance with Chapter 28 of the 1997 ASHRAE Handbook of Fundamentals 
(incorporated by reference, see Sec. 3285.4) or ACCA Manual J, 
Residential Cooling Load, 8th Edition (incorporated by reference, see 
Sec. 3285.4). Information necessary to calculate the home's heat gain 
can be found on the home's comfort cooling certificate.
    (B) The BTU/hr. rated capacity of the site-installed air 
conditioning equipment must not exceed the air distribution system's 
rated BTU/hr. capacity as shown on the home's compliance certificate.
    (ii) Circuit rating. If a manufactured home is factory-provided with 
an exterior outlet to energize heating and/or air conditioning 
equipment, the branch circuit rating on the tag adjacent to this outlet 
must be equal to or greater than the minimum circuit amperage identified 
on the equipment rating plate.
    (iii) A-coil units. (A) A-coil air conditioning units must be 
compatible and listed for use with the furnace in the home and installed 
in accordance with the appliance manufacturer's instructions.
    (B) The air conditioner manufacturer instructions must be followed.
    (C) All condensation must be directed beyond the perimeter of the 
home by means specified by the equipment manufacturer.
    (2) Heat pumps. Heat pumps must 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 or certification. (See Sec. 3280.714 of this chapter).
    (3) Evaporative coolers. (i) A roof-mounted cooler must 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 (see Sec. 3280.714 of this chapter).
    (A) Any discharge grill must not be closer than three feet from a 
smoke alarm.
    (B) Before installing a roof-mounted evaporative cooler on-site, the 
installer must ensure that the roof will support the weight of the 
cooler.
    (C) A rigid base must be provided to distribute the cooler weight 
over multiple roof trusses to adequately support the weight of the 
evaporative cooler.
    (ii) An evaporative cooler that is not roof-mounted is to be 
installed in accordance with the requirements of its listing or the 
equipment manufacturer's instructions, whichever is the more 
restrictive.
    (b) Fireplaces and wood-stoves. When not provided by the home 
manufacturer, fireplaces and wood-stoves including chimneys and air 
inlets for fireplaces and wood stoves must be listed for use with 
manufactured homes and must be installed in accordance with their 
listings.
    (c) Appliance venting. (1) All fuel burning heat producing 
appliances of

[[Page 242]]

the vented type except ranges and ovens must be vented to the exterior 
of the home.
    (2) Upon completion, the venting system must comply with all 
requirements of Secs. 3280.707(b) and 3280.710 of the Manufactured Home 
Construction and Safety Standards in this chapter.
    (3) When the vent exhausts through the floor, the vent must not 
terminate under the home and must extend to the home's exterior and 
through any skirting that may be installed.
    (d) Clothes dryer exhaust duct system. A clothes dryer exhaust duct 
system must conform with and be completed in accordance with the 
appliance manufacturer instructions and Sec. 3280.708 of this chapter. 
The vents must exhaust to the exterior of the home, beyond any perimeter 
skirting installed around it, as shown in Figure to Sec. 3285.503.
[GRAPHIC] [TIFF OMITTED] TR19OC07.017

    Notes: 1. Installation of the exhaust system must be in accordance 
with the dryer manufacturer instructions.
    2. Dryer exhaust system must not contain reverse slope or terminate 
under the home.



Sec. 3285.504  Skirting.

    (a) Skirting, if used, must be of weather-resistant materials or 
provided with protection against weather deterioration at least 
equivalent to that provided by a coating of zinc on steel of not less 
than 0.30 oz./ft.\2\ of surface coated.
    (b) Skirting must not be attached in a manner that can cause water 
to be trapped between the siding and trim or forced up into the wall 
cavities trim to which it is attached.
    (c) All wood skirting within 6 inches of the ground must be 
pressure-treated in accordance with AWPA Standard U1 (incorporated by 
reference, see Sec. 3285.4) for Use Category 4A, Ground Anchor Contact 
Applications, or be naturally resistant to decay and termite 
infestations.
    (d) Skirting must not be attached in a manner that impedes the 
contraction and expansion characteristics of the home's exterior 
covering.



Sec. 3285.505  Crawlspace ventilation.

    (a) A crawlspace with skirting must be provided with ventilation 
openings. The minimum net area of ventilation openings must not be less 
than one square foot (ft.\2\) for every 150 square feet (ft.\2\) of the 
home's floor area. The total area of ventilation openings may be reduced 
to one square foot (ft.\2\) for every 1,500 square feet (ft.\2\) of the 
home's floor area, where a uniform 6-mil polyethylene sheet material or

[[Page 243]]

other acceptable vapor retarder is installed, according to 
Sec. 3285.204, on the ground surface beneath the entire floor area of 
the home.
    (b) Ventilation openings must be placed as high as practicable above 
the ground.
    (c) Ventilation openings must be located on at least two opposite 
sides to provide cross-ventilation.
    (d) Ventilation openings must be covered for their full height and 
width with a perforated corrosion and weather-resistant covering that is 
designed to prevent the entry of rodents. In areas subject to freezing, 
the coverings for the ventilation openings must also be of the 
adjustable type, permitting them to be in the open or closed position, 
depending on the climatic conditions.
    (e) Access opening(s) not less than 18 inches in width and 24 inches 
in height and not less than three square feet (ft.\2\) in area must be 
provided and must be located so that any utility connections located 
under the home are accessible.
    (f) Dryer vents and combustion air inlets must pass through the 
skirting to the outside. Any surface water runoff from the furnace, air 
conditioning, or water heater drains must be directed away from under 
the home or collected by other methods identified in Sec. 3285.203.



         Subpart G_Ductwork and Plumbing and Fuel Supply Systems



Sec. 3285.601  Field assembly.

    Home manufacturers must provide specific installation instructions 
for the proper field assembly of manufacturer-supplied and shipped loose 
ducts, plumbing, and fuel supply system parts that are necessary to join 
all sections of the home and are designed to be located underneath the 
home. The installation instructions must be designed in accordance with 
applicable requirements of part 3280, subparts G and H, of this chapter, 
as specified in this subpart.



Sec. 3285.602  Utility connections.

    Refer to Sec. 3285.904 for considerations for utility system 
connections.



Sec. 3285.603  Water supply.

    (a) Crossover. Multi-section homes with plumbing in both sections 
require water-line crossover connections to join all sections of the 
home. The crossover design requirements are located in, and must be 
designed in accordance with, Sec. 3280.609 of this chapter.
    (b) Maximum supply pressure and reduction. When the local water 
supply pressure exceeds 80 psi to the manufactured home, a pressure-
reducing valve must be installed.
    (c) Mandatory shutoff valve. (1) An identified and accessible 
shutoff valve must be installed between the water supply and the inlet.
    (2) The water riser for the shutoff valve connection must be located 
underneath or adjacent to the home.
    (3) The shutoff valve must be a full-flow gate or ball valve, or 
equivalent valve.
    (d) Freezing protection. Water line crossovers completed during 
installation must be protected from freezing. The freeze protection 
design requirements are located in, and must be designed in accordance 
with, Sec. 3280.603 of this chapter.
    (1) If subject to freezing temperatures, the water connection must 
be wrapped with insulation or otherwise protected to prevent freezing.
    (2) In areas subject to freezing or subfreezing temperatures, 
exposed sections of water supply piping, shutoff valves, pressure 
reducers, and pipes in water heater compartments must be insulated or 
otherwise protected from freezing.
    (3) Use of pipe heating cable. Only pipe heating cable listed for 
manufactured home use is permitted to be used, and it must be installed 
in accordance with the cable manufacturer installation instructions.
    (e) Testing procedures. (1) The water system must be inspected and 
tested for leaks after completion at the site. The installation 
instructions must provide testing requirements that are consistent with 
Sec. 3280.612 of this chapter.
    (2) The water heater must be disconnected when using an air-only 
test.

[[Page 244]]



Sec. 3285.604  Drainage system.

    (a) Crossovers. Multi-section homes with plumbing in more than one 
section require drainage system crossover connections to join all 
sections of the home. The crossover design requirements are located in, 
and must be designed in accordance with, Sec. 3280.610 of this chapter.
    (b) Assembly and support. If portions of the drainage system were 
shipped loose because they were necessary to join all sections of the 
home and designed to be located underneath the home, they must be 
installed and supported in accordance with Sec. 3280.608 of this 
chapter.
    (c) Proper slopes. Drains must be completed in accordance with 
Sec. 3280.610 of this chapter.
    (1) Drain lines must not slope less than one-quarter inch per foot, 
unless otherwise noted on the schematic diagram, as shown in Figure to 
Sec. 3285.604.
    (2) A slope of one-eight inch per foot may be permitted when a 
clean-out is installed at the upper end of the run.
    (d) Testing procedures. The drainage system must be inspected and 
tested for leaks after completion at the site. The installation 
instructions must provide testing requirements that are consistent with 
Sec. 3280.612 of this chapter.
[GRAPHIC] [TIFF OMITTED] TR19OC07.018



Sec. 3285.605  Fuel supply system.

    (a) Proper supply pressure. The gas piping system in the home is 
designed for a pressure that is at least 7 inches of water column [4oz./
in.\2\ or 0.25 psi] and not more than 14 inches of water column [8 oz./
in.\2\ or 0.5 psi]. If gas from any supply source exceeds, or could 
exceed this pressure, a regulator must be installed if required by the 
LAHJ.
    (b) Crossovers. (1) Multi-section homes with fuel supply piping in 
both sections require crossover connections to join all sections of the 
home. The crossover design requirements are located in, and must be 
designed in accordance with, Sec. 3280.705 of this chapter.

[[Page 245]]

    (2) Tools must not be required to connect or remove the flexible 
connector quick-disconnect.
    (c) Testing procedures. The gas system must be inspected and tested 
for leaks after completion at the site. The installation instructions 
must provide testing requirements that are consistent with Sec. 3280.705 
of this chapter.



Sec. 3285.606  Ductwork connections.

    (a) Multi-section homes with ductwork in more than one section 
require crossover connections to complete the duct system of the home. 
All ductwork connections, including duct collars, must be sealed to 
prevent air leakage. Galvanized metal straps or tape and mastics listed 
to UL 181A (incorporated by reference, see Sec. 3285.4), for closure 
systems with rigid air ducts and connectors, or UL 181B (incorporated by 
reference, see Sec. 3285.4), for closure systems with flexible air ducts 
and connectors, must be used around the duct collar and secured tightly 
to make all connections.
    (b) If metal straps are used, they must be secured with galvanized 
sheet metal screws.
    (c) Metal ducts must be fastened to the collar with a minimum of 
three galvanized sheet metal screws equally spaced around the collar.
    (d) Air conditioning or heating ducts must be installed in 
accordance with applicable requirements of the duct manufacturer 
installation instructions.
    (e) The duct must be suspended or supported above the ground by 
straps or other means that are spaced at a maximum distance not to 
exceed 4-0" or as otherwise permitted by the installation instructions. 
When straps are used to support a flexible type duct, the straps must be 
at least \1/2\" wider than the spacing of the metal spirals encasing the 
duct. The ducts must be installed such that the straps cannot slip 
between any two spirals and arranged under the floor to prevent 
compression or kinking in any location, as shown in Figures A and B to 
this section. In-floor crossover ducts are permitted, in accordance with 
Sec. 3285.606(g).
    (f) Crossover ducts outside the thermal envelope must be insulated 
with materials that conform to designs consistent with part 3280, 
subpart F of this chapter.
    (g) In-floor or ceiling crossover duct connections must be installed 
and sealed to prevent air leakage.
[GRAPHIC] [TIFF OMITTED] TR19OC07.019

    Notes: 1. This system is typically used when a crossover duct has 
not been built into the floor and the furnace is outside the I-Beam. 
With this type of installation, it is necessary for two flexible ducts 
to be installed.
    2. The crossover duct must be listed for exterior use.

[[Page 246]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.020

    Notes: 1. This system is typically used when a crossover duct has 
not been built into the floor and the furnace is situated directly over 
the main duct in one section of the home. A single flexible duct is then 
used to connect the two sections to each other.
    2. The crossover duct must be listed for exterior use.



               Subpart H_Electrical Systems and Equipment



Sec. 3285.701  Electrical crossovers.

    Multi-section homes with electrical wiring in more than one section 
require crossover connections to join all sections of the home. The 
crossover must be designed in accordance with part 3280, subpart I of 
this chapter, and completed in accordance with the directions provided 
in the installation instructions.



Sec. 3285.702  Miscellaneous lights and fixtures.

    (a) When the home is installed, exterior lighting fixtures, ceiling-
suspended (paddle) fans, and chain-hung lighting fixtures are permitted 
to be installed in accordance with their listings and part 3280, subpart 
I of this chapter.
    (b) Grounding. (1) All the exterior lighting fixtures and ceiling 
fans installed per Sec. 3285.702(a) must be grounded by a fixture-
grounding device or by a fixture-grounding wire.
    (2) For chain-hung lighting fixtures, as shown in Figure A to this 
section, both a fixture-grounding device and a fixture-grounding wire 
must be used. The identified conductor must be the neutral conductor.
    (c) Where lighting fixtures are mounted on combustible surfaces such 
as hardboard, a limited combustible or noncombustible ring, as shown in 
Figures A and B to this section, must be installed to completely cover 
the combustible surface exposed between the fixture canopy and the 
wiring outlet box.
    (d) Exterior lights. (1) The junction box covers must be removed and 
wire-to-wire connections must be made using listed wire connectors.
    (2) Wires must be connected black-to-black, white-to-white, and 
equipment ground-to-equipment ground.
    (3) The wires must be pushed into the box, and the lighting fixture 
must be secured to the junction box.
    (4) The lighting fixture must be caulked around its base to ensure a 
watertight seal to the sidewall.
    (5) The light bulb must be installed and the globe must be attached.
    (e) Ceiling fans. (1) Ceiling-suspended (paddle) fans must be 
connected to junction box listed and marked for ceiling fan application, 
in accordance with Article 314.27(b) of the National Electrical Code, 
NFPA No. 70-2005 (incorporated by reference, see Sec. 3285.4); and
    (2) The ceiling fan must be installed with the trailing edges of the 
blades at least 6 feet 4 inches above the finished floor; and

[[Page 247]]

    (3) The wiring must be connected in accordance with the product 
manufacturer installation instructions.
    (f) Testing. (1) After completion of all electrical wiring and 
connections, including crossovers, electrical lights, and ceiling fans, 
the electrical system must be inspected and tested at the site, in 
accordance with the testing requirements of Sec. 3280.810(b) of this 
chapter.
    (2) The installation instructions must indicate that each 
manufactured home must be subjected to the following tests:
    (i) An electrical continuity test to ensure that metallic parts are 
effectively bonded;
    (ii) Operational tests of all devices and utilization equipment, 
except water heaters, electric ranges, electric furnaces, dishwashers, 
clothes washers/dryers, and portable appliances, to demonstrate that 
they are connected and in working order; and
    (iii) For electrical equipment installed or completed during 
installation, electrical polarity checks must be completed to determine 
that connections have been made properly. Visual verification is an 
acceptable electrical polarity check.
[GRAPHIC] [TIFF OMITTED] TR19OC07.021


[[Page 248]]


[GRAPHIC] [TIFF OMITTED] TR19OC07.022


[72 FR 59362, Oct. 19, 2007; 72 FR 62308, Nov. 2, 2007]



Sec. 3285.703  Smoke alarms.

    Smoke alarms must be functionally tested in accordance with 
applicable requirements of the smoke alarm manufacturer instructions and 
must be consistent with Sec. 3280.208 of this chapter.



Sec. 3285.704  Telephone and cable TV.

    Refer to Sec. 3285.906 for considerations pertinent to installation 
of telephone and cable TV.



                Subpart I_Exterior and Interior Close-Up



Sec. 3285.801  Exterior close-up.

    (a) Exterior siding and roofing necessary to join all sections of 
the home must be installed according to the product manufacturer 
installation instructions and must be fastened in accordance with 
designs and manufacturer instructions, consistent with Secs. 3280.305 
and 3280.307 of this chapter. Exterior close-up strips/trim must be 
fastened securely and sealed with exterior sealant (see figure A to this 
section).
    (b) Joints and seams. All joints and seams in exterior wall 
coverings that were disturbed during location of the home must be made 
weatherproof.
    (c) Prior to installing the siding, the polyethylene sheeting 
covering exterior walls for transit must be completely removed.
    (d) Prior to completing the exterior close-up, any holes in the 
roofing must be made weatherproof and sealed with a sealant or other 
material that is suitable for use with the roofing in which the hole is 
made.
    (e) Mate-line gasket. The home manufacturer must provide materials 
and designs for mate-line gaskets or other methods designed to resist 
the entry of air, water, water vapor, insects, and rodents at all mate-
line locations exposed to the exterior (see Figure B to this section).
    (f) Hinged roofs and eaves. Hinged roofs and eaves must be completed 
during installation in compliance with all requirements of the 
Manufactured Home Construction and Safety Standards (24 CFR part 3280) 
and the Manufactured Home Procedural and Enforcement Regulations (24 CFR 
part 3282). Unless exempted by the following provisions, hinged roofs 
are also subject to a final inspection for compliance with

[[Page 249]]

the Manufactured Home Construction and Safety Standards (24 CFR part 
3280) by the IPIA or a qualified independent inspector acceptable to the 
IPIA. Homes with hinged roofs that are exempted from IPIA inspection are 
instead to be completed and inspected in accordance with the 
Manufactured Home Installation Program (24 CFR part 3286). This includes 
homes:
    (1) That are designed to be located in Wind Zone I;
    (2) In which the roof pitch of the hinged roof is less than 7:12, 
including designs incorporating peak cap construction or peak flip 
construction; and
    (3) In which fuel burning appliance flue penetrations are not above 
the hinge.
[GRAPHIC] [TIFF OMITTED] TR19OC07.023

    Notes: 1. Multi-section homes with horizontal-lap siding can be 
shipped with no siding on the front and rear end walls.
    2. The manufacturer must install doors/windows trimmed with J-rail 
or the equivalent and protect all exposed materials not designed for 
exposure to the weather with plastic sheeting for transport. Siding, 
starter trim, and vents may be shipped loose in the home for 
installation on set-up.
    3. All home installers must ensure that all field installed trim, 
windows, doors, and other openings are properly sealed according to the 
siding manufacturer installation instructions.

[[Page 250]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.024

    Note: On multi-section manufactured homes, install the sealer gasket 
on the ceiling, end walls, and floor mate-line prior to joining the 
sections together.

[72 FR 59362, Oct. 19, 2007, as amended at 80 FR 53731, Sept. 8, 2015]



Sec. 3285.802  Structural interconnection of multi-section homes.

    (a) For multi-section homes, structural interconnections along the 
interior and exterior at the mate-line are necessary to join all 
sections of the home.
    (b) Structural interconnection must be designed in accordance with 
the requirements located in Sec. 3280.305 of this chapter to ensure a 
completely integrated structure.
    (c) Upon completion of the exterior close-up, no gaps are permitted 
between the structural elements being interconnected along the mate-line 
of multi-section homes. However, prior to completion of the exterior 
close-up, gaps that do not exceed one inch are permitted between 
structural elements provided:
    (1) The gaps are closed before completion of close-up;
    (2) The home sections are in contact with each other; and
    (3) The mating gasket is providing a proper seal. All such gaps must 
be shimmed with dimensional lumber, and fastener lengths used to make 
connections between the structural elements must be increased to provide 
adequate penetration into the receiving member.



Sec. 3285.803  Interior close-up.

    (a) All shipping blocking, strapping, or bracing must be removed 
from appliances, windows, and doors.
    (b) Interior close up items necessary to join all sections of the 
home or items subject to transportation damage may be packaged or 
shipped with the home for site installation.
    (c) Shipped-loose wall paneling necessary for the joining of all 
sections of the home must be installed by using polyvinyl acetate (PVA) 
adhesive on all framing members and fastened with minimum 1\1/2\ inch 
long staples or nails at 6 inches on center panel edges and 12 inches on 
center in the field, unless alternative fastening methods are permitted 
in the installation instructions (see Figure A to Sec. 3285.803).

[[Page 251]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.025

    Note: Specific designs must be approved by a DAPIA and included in 
the home manufacturer installation instructions.



Sec. 3285.804  Bottom board repair.

    (a) The bottom board covering must be inspected for any loosening or 
areas that might have been damaged or torn during installation or 
transportation. Any missing insulation is to be replaced prior to 
closure and repair of the bottom board.
    (b) Any splits or tears in the bottom board must be resealed with 
tape or patches in accordance with methods provided in the manufacturers 
installation instructions.
    (c) Plumbing P-traps must be checked to be sure they are well-
insulated and covered.
    (d) All edges of repaired areas must be taped or otherwise sealed.



     Subpart J_Optional Information for Manufacturer's Installation 
                              Instructions



Sec. 3285.901  General.

    The planning and permitting processes, as well as utility 
connection, access, and other requirements, are outside of HUD's 
authority and may be governed by LAHJs. These Model Installation 
Standards do not attempt to comprehensively address such requirements. 
However, HUD recommends that the manufacturer's installation 
instructions include the information and advisories in this Subpart J, 
in order to protect the manufactured home, as constructed in accordance 
with the MHCSS.



Sec. 3285.902  Moving manufactured home to location.

    It is recommended that the installation instructions indicate that 
the LAHJ be informed before moving the manufactured home to the site. It 
is

[[Page 252]]

also recommended that the installation instructions indicate that the 
manufactured home is not to be moved to the site until the site is 
prepared in accordance with subpart C of this part and when the 
utilities are available as required by the LAHJ. Examples of related 
areas that might be addressed in the installation instructions for 
meeting this recommendation include:
    (a) Access for the transporter. Before attempting to move a home, 
ensure that the transportation equipment and home can be routed to the 
installation site and that all special transportation permits required 
by the LAHJ have been obtained.
    (b) Drainage structures. Ditches and culverts used to drain surface 
runoff meet the requirements of the LAHJ and are considered in the 
overall site preparation.



Sec. 3285.903  Permits, alterations, and on-site structures.

    It is recommended that the installation instructions include the 
following information related to permits, alterations, and on-site 
structures:
    (a) Issuance of permits. All necessary LAHJ fees should be paid and 
permits should be obtained, which may include verification that LAHJ 
requirements regarding encroachments in streets, yards, and courts are 
obeyed and that permissible setback and fire separation distances from 
property lines and public roads are met.
    (b) Alterations. Prior to making any alteration to a home or its 
installation, contact the LAHJ to determine if plan approval and permits 
are required.
    (c) Installation of on-site structures. Each accessory building and 
structure is designed to support all of its own live and dead loads, 
unless the structure, including any attached garage, carport, deck, and 
porch, is to be attached to the manufactured home and is otherwise 
included in the installation instructions or designed by a registered 
professional engineer or registered architect.



Sec. 3285.904  Utility system connections.

    (a) It is recommended that the manufacturer's installation 
instructions indicate the following procedures be used prior to making 
any utility system connection:
    (1) Where an LAHJ and utility services are available, that the LAHJ 
and all utility services each be consulted before connecting the 
manufactured home to any utilities, or
    (2) Where no LAHJ exists and utility services are available, that 
the utilities be consulted before connecting the manufactured home to 
any utility service; or
    (3) In rural areas where no LAHJ or utility services are available, 
that a professional be consulted prior to making any system connections.
    (b) Qualified personnel. Only qualified personnel familiar with 
local requirements are permitted to make utility site connections and 
conduct tests.
    (c) Drainage system. The main drain line must be connected to the 
site's sewer hookup, using an elastomeric coupler or by other methods 
acceptable to the LAHJ, as shown in Figure A to this section.
    (d) Fuel supply system. (1) Conversion of gas appliances. A service 
person acceptable to the LAHJ must convert the appliance from one type 
of gas to another, following instructions by the manufacturer of each 
appliance.
    (2) Orifices and regulators. Before making any connections to the 
site supply, the inlet orifices of all gas-burning appliances must be 
checked to ensure they are correctly set up for the type of gas to be 
supplied.
    (3) Connection procedures. Gas-burning appliance vents must be 
inspected to ensure that they are connected to the appliance and that 
roof jacks are properly installed and have not come loose during 
transit.
    (4) Gas appliance start-up procedures. The LAHJ should be consulted 
concerning the following gas appliance startup procedures:
    (i) One at a time, opening equipment shutoff valves, lighting pilot 
lights when provided, and adjusting burners and spark igniters for 
automatic ignition systems, in accordance with each appliance 
manufacturer instructions.
    (ii) Checking the operation of the furnace and water heater 
thermostats.

[[Page 253]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.026

    Note: Fittings in the drainage system that are subject to freezing, 
such as P-traps in the floor, are protected with insulation by the 
manufacturer. Insulation must be replaced if it is removed for access to 
the P-trap.



Sec. 3285.905  Heating oil systems.

    It is recommended that the installation instructions include the 
following information related to heating oil systems, when applicable:
    (a) Homes equipped with oil burning furnaces should have their oil 
supply tank and piping installed and tested on-site, in accordance with 
NFPA 31, Standard for the Installation of Oil Burning Equipment, 2001 
(incorporated by reference, see Sec. 3285.4) or the LAHJ, whichever is 
more stringent.
    (b) The oil burning furnace manufacturer's instructions should be 
consulted for pipe size and installation procedures.
    (c) Oil storage tanks and pipe installations should meet all 
applicable local regulations.
    (d) Tank installation requirements. (1) The tank should be located 
where it is accessible to service and supply and where it is safe from 
fire and other hazards.
    (2) In flood hazard areas, the oil storage tank should be anchored 
and elevated to or above the design flood elevation, or anchored and 
designed to prevent flotation, collapse, or permanent lateral movement 
during the design flood.
    (3) Leak test procedure. Before the system is operated, it should be 
checked for leaks in the tank and supply piping, in accordance with NFPA 
31, Standard for the Installation of Oil Burning Equipment, 2001 
(incorporated by reference, see Sec. 3285.4) or the requirements of the 
LAHJ, whichever is more stringent.



Sec. 3285.906  Telephone and cable TV.

    It is recommended that the installation instructions explain that 
telephone and cable TV wiring should be installed in accordance with 
requirements of the LAHJ and the National Electrical Code, NFPA No. 70-
2005 (incorporated by reference, see Sec. 3285.4).



Sec. 3285.907  Manufacturer additions to installation instructions.

    A manufacturer may include in its installation instructions items 
that are not required by this chapter as long as the items included by 
the manufacturer are consistent with the Model Installation Standards in 
this part and do not take the manufactured home out of compliance with 
the MHCSS.



PART 3286_MANUFACTURED HOME INSTALLATION PROGRAM--Table of Contents



       Subpart A_Generally Applicable Provisions and Requirements

Sec.
3286.1  Purpose.
3286.2  Applicability.
3286.3  Definitions.
3286.5  Overview of installation program.
3286.7  Consumer information.
3286.9  Manufacturer shipment responsibilities.
3286.11  Temporary storage of units.
3286.13  Waiver of rights invalid.

[[Page 254]]

3286.15  Consultation with the Manufactured Housing Consensus Committee 
          (MHCC).

   Subpart B_Certification of Installation in HUD-Administered States

3286.101  Purpose.
3286.102  Information provided by manufacturer.
3286.103  DAPIA-approved installation instructions.
3286.105  Requirement for installer licensing.
3286.107  Installation in accordance with standards.
3286.109  Inspection requirements--generally.
3286.111  Installer certification of installation.
3286.113  Information provided by retailer.
3286.115  Date of installation.
3286.117  Completion of sale date.

        Subpart C_Installer Licensing in HUD-Administered States

3286.201  Purpose.
3286.203  Installation license required.
3286.205  Prerequisites for installation license.
3286.207  Process for obtaining installation license.
3286.209  Denial, suspension, or revocation of installation license.
3286.211  Expiration and renewal of installation licenses.

       Subpart D_Training of Installers in HUD-Administered States

3286.301  Purpose.
3286.303  Responsibilities of qualified trainers.
3286.305  Installation trainer criteria.
3286.307  Process for obtaining trainer's qualification.
3286.308  Training curriculum.
3286.309  Continuing education--trainers and curriculum.
3286.311  Suspension or revocation of trainer's qualification.
3286.313  Expiration and renewal of trainer qualification.

Subpart E_Installer Responsibilities of Installation in HUD-Administered 
                                 States

3286.401  Purpose.
3286.403  Licensing requirements.
3286.405  Installation suitability.
3286.407  Supervising work of crew.
3286.409  Obtaining inspection.
3286.411  Certifying installation.
3286.413  Recordkeeping.

    Subpart F_Inspection of Installations in HUD-Administered States

3286.501  Purpose.
3286.503  Inspection required.
3286.505  Minimum elements to be inspected.
3286.507  Verifying installation.
3286.509  Reinspection upon failure to pass.
3286.511  Inspector qualifications.

     Subpart G_Retailer Responsibilities in HUD-Administered States

3286.601  Purpose.
3286.603  At or before sale.
3286.605  After sale.
3286.607  Recordkeeping.

     Subpart H_Oversight and Enforcement in HUD-Administered States

3286.701  Purpose.
3286.703  Failure to comply.
3286.705  Applicability of dispute resolution program.

                        Subpart I_State Programs

3286.801  Purpose.
3286.803  State qualifying installation programs.
3286.805  Procedures for identification as qualified installation 
          program.
3286.807  Recertification required.
3286.809  Withdrawal of qualifying installation program status.
3286.811  Effect on other manufactured housing program requirements.
3286.813  Inclusion in state plan.

    Authority: 42 U.S.C. 3535(d), 5404, and 5424.

    Source: 73 FR 35292, June 20, 2008, unless otherwise noted.



       Subpart A_Generally Applicable Provisions and Requirements



Sec. 3286.1  Purpose.

    (a) Purpose. The purpose of this part is to establish the 
regulations that are applicable to HUD's administration of an 
installation program that meets the requirements of sections 602 (42 
U.S.C. 5401) and 605 (42 U.S.C. 5404) of the National Manufactured 
Housing Construction and Safety Standards Act of 1974. The purpose of 
this subpart A is to establish the regulations that are applicable with 
respect to all manufactured homes before they are sold to a purchaser. 
The requirements in subpart A apply regardless of whether the actual 
installation of a manufactured home is regulated by HUD or a state with 
a qualifying installation program.
    (b) Implementation. This part is effective on October 20, 2008. 
Implementation will be undertaken in accordance

[[Page 255]]

with the phased-in schedule provided by notice published in the Federal 
Register.



Sec. 3286.2  Applicability.

    (a) All states. The requirements in subpart A are applicable in all 
states.
    (b) States without installation programs. The requirements in 
subparts B through H of this part are applicable only in those states 
where HUD is administering an installation program in accordance with 
this part.
    (c) States with installation programs. The requirements in subpart I 
of this part are applicable to only those states that want to administer 
their own installation programs in lieu of the installation program 
administered by HUD in accordance with this part.
    (d) Exclusion. None of the requirements of this part apply to:
    (1) Any structure that a manufacturer certifies as being excluded 
from the coverage of the Act in accordance with Sec. 3282.12 of this 
chapter; or
    (2) Temporary housing units provided under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) to 
victims of Presidentially declared disasters, when the manufactured home 
is installed by persons holding an emergency contractor license issued 
by the state in which the home is sited or installed by the Federal 
Emergency Management Agency; or
    (3) Any manufactured home after the initial installation of the home 
following the first purchase of the home in good faith for purposes 
other than resale. State installation programs may regulate subsequent 
installations of manufactured homes.
    (4) Any manufactured home installed on Indian reservations.



Sec. 3286.3  Definitions.

    The following definitions apply in this part, except as otherwise 
noted in the regulations in this part:
    Act means the National Manufactured Housing Construction and Safety 
Standards Act of 1974, 42 U.S.C. 5401-5425.
    Certification of installation means the certification, provided by 
an installer under the HUD-administered installation program in 
accordance with Sec. 3286.111, that indicates that the manufactured home 
has been installed in compliance with the appropriate design and 
instructions and has been inspected as required by this part.
    Defect means any defect in the performance, construction, 
components, or material of a manufactured home that renders the home or 
any part thereof not fit for the ordinary use for which it was intended.
    Design Approval Primary Inspection Agency (DAPIA) means a state 
agency or private organization that has been accepted by the Secretary, 
in accordance with the requirement of subpart H of part 3282, to 
evaluate and either approve or disapprove manufactured home designs and 
quality control procedures.
    Distributor means any person engaged in the sale and distribution of 
manufactured homes for resale.
    HUD means the United States Department of Housing and Urban 
Development.
    HUD-administered installation program means the installation program 
to be administered by HUD, in accordance with this part, in those states 
that do not have a qualifying installation program.
    Installation means completion of work done specified in 
Sec. 3286.505 to stabilize, support, anchor, and close up a manufactured 
home and to join sections of a multi-section manufactured home, when any 
such work is governed by the federal installation standards in part 3285 
of this chapter or by state installation standards that are certified as 
part of a qualifying installation program.
    Installation defect means any defect in the performance, 
installation, installation components, installation material, or close-
up of a manufactured home that renders the home or any part thereof not 
fit for the ordinary use for which it was intended or otherwise takes 
the home out of compliance with the Manufactured Home Construction and 
Safety Standards in 24 CFR part 3280.
    Installation design means drawings, specifications, sketches, and 
the related engineering calculations, tests, and data in support of the 
installation

[[Page 256]]

configurations and systems to be incorporated in the installation of 
manufactured homes.
    Installation instructions means DAPIA-approved instructions provided 
by the home manufacturer that accompany each new manufactured home and 
detail the home manufacturer requirements for support and anchoring 
systems and other work completed at the installation site to comply with 
the Model Manufactured Home Installation Standards in 24 CFR part 3285 
and the Manufactured Home Construction and Safety Standards in 24 CFR 
part 3280.
    Installation standards means the standards established by HUD in 24 
CFR part 3285, or any set of state standards that the Secretary has 
determined provide protection to the residents of manufactured homes 
that equals or exceeds the protection provided by the standards in 24 
CFR part 3285.
    Installer means the person or entity who is retained to engage in, 
or who engages in, the business of directing, supervising, controlling, 
or correcting the initial installation of a manufactured home, as 
governed by part 3285 of this chapter.
    Installer's license or installation license means the evidence that 
an installer has met the requirements for installing manufactured homes 
under the HUD-administered installation program. The term does not 
incorporate a state-issued installation license or certification, except 
to the extent provided in this part. The term does not imply that HUD 
approves or recommends an installer or warrants the work of an 
installer, and should not be used in any way that indicates HUD approval 
in violation of 18 U.S.C. 709.
    Lessee means the first person who leases a manufactured home from a 
retailer after the initial installation.
    Manufactured home means a structure, transportable in one or more 
sections, which, in the traveling mode, is 8 body feet or more in width 
or 40 body feet or more in length, or, when erected on-site, is 320 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. The term 
also includes any structure that meets all the requirements of this 
paragraph except the size requirements and with respect to which the 
manufacturer voluntarily files a certification pursuant to Sec. 3282.13 
of this chapter and complies with the installation standards established 
under part 3285 and the construction and safety standards in part 3280 
of this chapter, but such term does not include any self-propelled 
recreational vehicle. Calculations used to determine the number of 
square feet in a structure will include the total of square feet for 
each transportable section comprising the completed structure and 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. Nothing in this 
definition 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 Housing Consensus Committee, or MHCC, means the 
consensus committee established pursuant to section 604(a)(3) of the 
Act, 42 U.S.C. 5403(a)(3).
    Manufacturer means any person engaged in manufacturing or assembling 
manufactured homes, including any person engaged in importing 
manufactured homes for resale.
    Manufacturer's certification label means the permanent label that is 
required by Sec. 3280.11 of this chapter to be affixed to each 
transportable section of each manufactured home.
    Person includes, unless the context indicates otherwise, 
corporations, companies, associations, firms, partnerships, societies, 
and joint stock companies, as well as individuals, but does not include 
any agency of government or tribal government entity.
    Professional engineer or registered architect means an individual or 
entity: licensed to practice engineering or architecture in a state; and 
subject to all

[[Page 257]]

laws and limitations imposed by the state agency that regulates the 
applicable profession, and who is engaged in the professional practice 
of rendering service or creative work requiring education, training, and 
experience in architecture or 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.
    Purchaser means the first person purchasing a manufactured home in 
good faith for purposes other than resale.
    Qualified trainer means a person who has met the requirements 
established in subpart D of this part to be recognized as qualified to 
provide training to installers for purposes of the HUD-administered 
installation program.
    Qualifying installation program means an installation program that a 
state certifies, in accordance with the requirements set out in subpart 
I of this part, as meeting the requirements of 42 U.S.C. 5404(c)(3).
    Resident means any person residing in the manufactured home.
    Retailer 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, and, for purposes of this part, the term includes any 
manufacturer or distributor that sells a manufactured home directly to a 
purchaser.
    Secretary means the Secretary of Housing and Urban Development.
    Set up means any assembly or installation of a manufactured home on-
site that includes aspects of work that are governed by parts 3280 or 
3285 of this chapter.
    State includes each of the 50 states, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American 
Samoa.



Sec. 3286.5  Overview of installation program.

    (a) HUD-administered installation program. HUD will administer the 
installation program, as established and set out in subparts A through H 
of this part, in a state unless that state administers its own 
qualifying installation program. The states in which HUD administers an 
installation program can be identified under this part by referring to a 
list on a Web site maintained by HUD or by calling HUD. For convenience 
only, the current URL of the Web site is http://www.hud.gov/offices/hsg/
sfh/mhs/mhshome.cfm and the current toll-free telephone number to 
contact the HUD Office of Manufactured Housing Programs is 1-800-927-
2891, extension 57.
    (b) State-administered installation programs. States that have 
qualifying installation programs, as established through the procedures 
set out in subpart I of this part, will administer their own programs, 
except for generally applicable requirements in this subpart A.
    (c) Manufacturer and retailer requirements. (1) Manufacturers and 
retailers are responsible for compliance of the home with the 
construction and safety standards in part 3280 of this chapter, in 
accordance with the Act and applicable regulations. Manufacturers and 
retailers must also comply with applicable requirements in this part 
relating to the installation of the manufactured home.
    (2) In the installation instructions required pursuant to part 3285 
of this chapter, the manufacturer must include instructions for 
supporting the manufactured home or sections of homes temporarily and 
protecting the interior of the manufactured home or sections of homes 
from damage, pending the first siting of the home for occupancy. The 
instructions must be adequate to assure that the temporary supports and 
weatherization used will be sufficient to prevent the home and its 
transportable sections from being brought out of conformance with the 
construction and safety standards in part 3280 of this chapter if the 
home or its sections is either:
    (i) Stored at any location for more than 30 days; or
    (ii) In the possession of any entity for more than 30 days.
    (d) HUD oversight. The Secretary may take such actions as are 
authorized by

[[Page 258]]

the Act to oversee the system established by the regulations in this 
part, as the Secretary deems appropriate.



Sec. 3286.7  Consumer information.

    (a) Manufacturer's consumer manual. In each consumer manual provided 
by a manufacturer as required in Sec. 3282.207 of this chapter, the 
manufacturer must include a recommendation that any home that has been 
reinstalled after its original installation should be inspected after it 
is set up, in order to assure that it has not been damaged and is 
properly installed.
    (b) Retailer disclosures before sale or lease. Prior to execution of 
the sales contract to purchase or agreement to lease a manufactured 
home, the retailer must provide the purchaser or lessee with a consumer 
disclosure. This disclosure must be in a document separate from the 
sales or lease agreement. The disclosure must include the following 
information, as applicable:
    (1) When the installation of the home is in a state that administers 
its own qualifying installation program, the consumer disclosure must 
clearly state that the home will be required to comply with all state 
requirements for the installation of the home;
    (2) When the installation of the home is in a state that does not 
administer its own qualifying installation program, the consumer 
disclosure must clearly state that the home will be required to comply 
with federal requirements, including installation in accordance with 
federal installation standards set forth in 24 CFR part 3285 and 
certification by a licensed installer of installation work, regardless 
of whether the work is performed by the homeowner or anyone else, and 
when certification includes inspection by an appropriate person;
    (3) For all homes, the home may also be required to comply with 
additional state and local requirements for its installation;
    (4) For all homes, additional information about the requirements 
disclosed under paragraphs (b)(1) through (b)(4) of this section is 
available from the retailer and, in the case of the federal 
requirements, is available in part 3286 of Title 24 of the Code of 
Federal Regulations and from the U.S. Department of Housing and Urban 
Development;
    (5) For all homes, compliance with any additional federal, state, 
and local requirements, including a requirement for inspection of the 
installation of the home, may involve additional costs to the purchaser 
or lessee; and
    (6) For all homes, a recommendation that any home that has been 
reinstalled after its original installation should be professionally 
inspected after it is set up, in order to assure that it has not been 
damaged in transit and is properly installed.



Sec. 3286.9  Manufacturer shipment responsibilities.

    (a) Providing information to HUD. At or before the time that each 
manufactured home is shipped by a manufacturer, the manufacturer must 
provide HUD, through the Production Inspection Primary Inspection Agency 
(IPIA), in accordance with Sec. 3282.552 of this chapter, with 
information, as applicable, about:
    (1) The serial number and manufacturer's certification label number 
of the home;
    (2) The manufacturer of the home; and
    (3) The name and address of the retailer or distributor that has 
arranged for the home to be shipped.
    (b) Manufacturer's installation instructions. The manufacturer is 
required to provide with each manufactured home, installation designs 
and instructions for the installation of the manufactured home that have 
been approved by a DAPIA. A DAPIA must give approval only if the 
installation designs and instructions provide equal or greater 
protection than the protection provided under the installation 
standards.



Sec. 3286.11  Temporary storage of units.

    Pursuant to Sec. 3286.5(c), the manufacturer is required to provide 
instructions for the temporary support and protection of the interior 
from damage of its manufactured homes or sections of homes. Every 
manufacturer, distributor, retailer, or installer that has possession of 
a home is required to support each transportable section of a 
manufactured home that is temporarily located on a site used by that

[[Page 259]]

manufacturer, distributor, retailer, or installer in accordance with the 
manufacturer's instructions.



Sec. 3286.13  Waiver of rights invalid.

    Any provision of a contract or agreement entered into by a 
manufactured home purchaser that seeks to waive any recourse to either 
the HUD installation program or a state-qualifying installation program 
is void.



Sec. 3286.15  Consultation with the Manufactured Housing Consensus
Committee (MHCC).

    The Secretary will seek input from the MHCC when revising the 
installation program regulations in this part 3286. Before publication 
of a proposed rule to revise these regulations, the Secretary will 
provide the MHCC with a 120-day opportunity to comment on such revision. 
The MHCC may send to the Secretary any of the MHCC's own recommendations 
to adopt new installation program regulations or to modify or repeal any 
of the regulations in this part. Along with each recommendation, the 
MHCC must set forth pertinent data and arguments in support of the 
action sought. The Secretary will either: Accept or modify the 
recommendation and publish it for public comment in accordance with 
section 553 of the Administrative Procedure Act (5 U.S.C. 553), along 
with an explanation of the reasons for any such modification; or reject 
the recommendation entirely, and provide to the MHCC a written 
explanation of the reasons for the rejection. This section does not 
supersede section 605 of the National Manufactured Housing Construction 
and Safety Standards Act.



   Subpart B_Certification of Installation in HUD-Administered States



Sec. 3286.101  Purpose.

    The purpose of this subpart B is to establish the systems for 
tracking and certifying a manufactured home installation that is to be 
completed in accordance with the HUD-administered installation program.



Sec. 3286.102  Information provided by manufacturer.

    (a) Shipment of home to retailer or distributor. At the time the 
manufactured home is shipped to a retailer or distributor, the 
manufacturer must provide notice to the retailer or distributor that 
tracking information for the home is being provided to HUD, and the 
information must be updated by the retailer or distributor in accordance 
with the requirements in Sec. 3286.113. Such notice must include all of 
the information required in Sec. 3286.9(a). The manufacturer is also 
encouraged to provide notice to the retailer that reminds the retailer 
of its other responsibilities under this part.
    (b) Manufacturer's installation instructions. The manufacturer is 
required to include in its installation instructions for the home a 
notice that the home is required to be installed in accordance with:
    (1) An installation design and instructions that have been provided 
by the manufacturer and approved by the Secretary directly or through 
review by the DAPIA; or
    (2) An installation design and instructions that have been prepared 
and certified by a professional engineer or registered architect, that 
have been approved by the manufacturer and the DAPIA as providing a 
level of protection for residents of the home that equals or exceeds the 
protection provided by the federal installation standards in part 3285 
of this chapter.



Sec. 3286.103  DAPIA-approved installation instructions.

    (a) Providing instructions to purchaser or lessee. (1) For each 
manufactured home sold or leased to a purchaser or lessee, the retailer 
must provide the purchaser or lessee with a copy of the manufacturer's 
DAPIA-approved installation instructions for the home.
    (2) If the installation requires a design that is different from 
that provided by the manufacturer in paragraph (a)(1) of this section, 
the installation design and instructions must be prepared and certified 
by a professional engineer or registered architect, that have been 
approved by the manufacturer and the DAPIA as providing a level of 
protection for residents of the

[[Page 260]]

home that equals or exceeds the protection provided by the federal 
installation standards in part 3285 of this chapter.
    (b) Providing instructions to installer. When the retailer or 
manufacturer agrees to provide any set up in connection with the sale of 
the home, the retailer or manufacturer must provide a copy of the 
approved installation instructions required in paragraph (a)(1) of this 
section or, as applicable, installation design and instructions required 
in paragraph (a)(2) of this section to each company or, in the case of 
sole proprietor, to each individual who performs set up or installation 
work on the home.



Sec. 3286.105  Requirement for installer licensing.

    (a) Installer Licensing. The installer that installs a manufactured 
home in a state that does not have a qualifying installation program 
must be certified or licensed in accordance with the requirements in 
subpart C of this part.
    (b) Use of licensed installer. When the retailer or manufacturer 
agrees to provide any set up in connection with the sale or lease of the 
home, the retailer or manufacturer must ensure that the installer is 
licensed in accordance with these regulations.



Sec. 3286.107  Installation in accordance with standards.

    (a) Compliance with installation requirements. (1) For purposes of 
determining installer compliance, a manufactured home that is subject to 
the requirements of this subpart B must be installed in accordance with:
    (i) An installation design and instructions that have been provided 
by the manufacturer and approved by the Secretary directly or through 
review by the DAPIA; or
    (ii) An installation design and instructions that have been prepared 
and certified by a professional engineer or registered architect, that 
have been approved by the manufacturer and the DAPIA as providing a 
level of protection for residents of the home that equals or exceeds the 
protection provided by the federal installation standards in part 3285 
of this chapter.
    (2) If the installation instructions do not comply with the 
installation standards, the manufacturer is responsible for any aspect 
of installation that is completed in accordance with the installation 
instructions and that does not comply with the installation standards.
    (3) All installation work must be in conformance with accepted 
practices to ensure durable, livable, and safe housing, and must 
demonstrate acceptable workmanship reflecting, at a minimum, journeyman 
quality of work of the various trades.
    (4) Except as set out in paragraph (a)(2) of this section, all 
installation defects due to the work of the installer are the 
responsibility of the installer or retailer or manufacturer that 
retained the installer and must be corrected.
    (5) If the manufacturer or retailer retains the installer, they are 
jointly and severally responsible with the installer for correcting 
installation defects.
    (6) Installation defects must be corrected within 60 days after the 
date of discovery of the installation defect.
    (b) Secretarial approval of manufacturer's designs. A manufacturer 
that seeks a Secretarial determination under paragraph (a) of this 
section that its installation designs and instructions provide 
protection to residents of manufactured homes that equals or exceeds the 
protection provided by the HUD federal installation standards in part 
3285 of this chapter must send the request for such determination and a 
copy of the applicable designs and instructions to: Administrator, 
Office of Manufactured Housing Programs, HUD, 451 Seventh Street, SW., 
Room 9164, Washington, DC 20410-8000, or to a fax number or e-mail 
address obtained by calling the Office of Manufactured Housing Programs 
at the toll-free telephone number 1-800-927-2891, extension 57.
    (c) Compliance with construction and safety standards. The installer 
must not take the home out of compliance with the construction and 
safety standards applicable under part 3280 of this chapter.
    (d) Homeowner installations. The purchaser of a home sited in a 
state in

[[Page 261]]

which HUD administers the installation program may perform installation 
work on the home that is in accordance with paragraph (a) of this 
section, provided that the work is certified in accordance with 
Sec. 3286.111.
    (e) Compliance with construction and safety standards. This rule 
does not alter or affect the requirements of the Act concerning 
compliance with the construction and safety standards, and the 
implementing regulations in parts 3280 and 3282 of this chapter, which 
apply regardless of where the work is completed.



Sec. 3286.109  Inspection requirements--generally.

    The installer or the retailer must arrange for the inspection of the 
installation work on any manufactured home that is sited in a state 
without a qualifying installation program. Before the home can be 
occupied, the installer must certify, and the inspector must verify, the 
home as having been installed in conformance with the requirements of 
Sec. 3286.107(a). The requirements for installer certification are set 
out in subpart E of this part.



Sec. 3286.111  Installer certification of installation.

    (a) Certification required. When the installation work is complete, 
a licensed installer must visit the jobsite and certify that:
    (1) The manufactured home has been installed in accordance with:
    (i) An installation design and instructions that have been provided 
by the manufacturer and approved by the Secretary directly or through 
review by the DAPIA; or
    (ii) An installation design and instructions that have been prepared 
and certified by a professional engineer or registered architect, that 
have been approved by the manufacturer and the DAPIA as providing a 
level of protection for residents of the home that equals or exceeds the 
protection provided by the federal installation standards in part 3285 
of this chapter.
    (2) The installation of the home has been inspected as required by 
Sec. 3286.503 and an inspector has verified the installation as meeting 
the requirements of this part.
    (3) All installation defects brought to the installer's attention 
have been corrected.
    (b) Recipients of certification. The installer must provide a signed 
copy of its certification to the retailer that contracted with the 
purchaser or lessee for the sale or lease of the home, and to the 
purchaser or other person with whom the installer contracted for the 
installation work.



Sec. 3286.113  Information provided by retailer.

    (a) Tracking information. Within 30 days from the time a purchaser 
or lessee enters into a contract to purchase or lease a manufactured 
home, the retailer or distributor of the home must provide HUD with the 
following information:
    (1) The home's serial number and manufacturer's certification label 
number;
    (2) The name and address of the retailer or distributor that is 
selling or leasing the home;
    (3) The state and address where the home is to be sited, and, if 
known, the name of the local jurisdiction; and
    (4) The name of the purchaser or lessee.
    (b) Installation information. Within 30 days from the date of 
installation, the retailer or distributor of the home must provide HUD 
with the following information:
    (1) The name, address, telephone number, and license number of the 
licensed installer;
    (2) The date of installer certification of completion of the 
installation;
    (3) The date a qualified inspector verified the installation as 
being in compliance with the requirements of this part; and
    (4) The name, address, and telephone number of the qualified 
inspector who performed the inspection of the installation as required 
by Sec. 3286.109.
    (c) Method of providing information. (1) The retailer or distributor 
must provide a copy of the information set forth in paragraphs (a) and 
(b) of this section to HUD by providing a copy of the information to HUD 
by facsimile, e-mail, or first-class or overnight delivery.
    (2) The information must be sent to: Administrator, Office of 
Manufactured

[[Page 262]]

Housing Programs, HUD, 451 Seventh Street, SW., Room 9164, Washington, 
DC 20410-8000, or to a fax number or e-mail address obtained by calling 
the Office of Manufactured Housing Programs. For convenience only, the 
URL of the Web site is http://www.hud.gov/offices/hsg/sfh/mhs/
mhshome.cfm and the toll-free telephone number to contact the Office of 
Manufactured Housing Programs is 1-800-927-2891, extension 57.
    (d) Correcting information. If the information provided by the 
retailer changes after it has been provided to HUD, the retailer must 
correct the information within 10 business days after the retailer 
learns of the change.
    (e) Record retention requirements. The retailer or distributor must 
maintain a copy of the records required in paragraphs (a) and (b) of 
this section for 3 years from the date of installation, as under 
Sec. 3286.115.



Sec. 3286.115  Date of installation.

    The date of installation will be the date the installer has 
certified that all required inspections have been completed, all 
utilities are connected, and the manufactured home is ready for 
occupancy as established, if applicable, by a certificate of occupancy, 
except as follows: If the manufactured home has not been sold to the 
first person purchasing the home in good faith for purposes other than 
resale by the date the home is ready for occupancy, the date of 
installation is the date of the purchase agreement or sales contract for 
the manufactured home.



Sec. 3286.117  Completion of sale date.

    (a) Date of sale defined. For purposes of determining the 
responsibilities of a manufacturer, retailer, or distributor under 
subpart I of part 3282 of this chapter, the sale of a manufactured home 
will not be considered complete until all the goods and services that 
the manufacturer, retailer, or distributor agreed to provide at the time 
the contract was entered into have been provided.
    (b) Compliance with construction and safety standards. When a 
retailer or manufacturer is providing the installation and an installer 
installs a home in such a way as to create an imminent safety hazard or 
cause the home to not comply with the construction and safety standards 
in part 3280 of this chapter, and those issues are discovered during the 
installation of the home, the sale or lease of the home is not complete 
until the home is corrected.



        Subpart C_Installer Licensing in HUD-Administered States



Sec. 3286.201  Purpose.

    The purpose of this subpart C is to establish the requirements for a 
person to qualify to install a manufactured home in accordance with the 
HUD-administered installation program. Installers will be required to 
meet licensing, training, and insurance requirements established in this 
part. Licensed installers will self-certify their installations of 
manufactured homes to be in compliance with the Model Manufactured Home 
Installation Standards in part 3285 of this chapter. In order for such 
an installer to self-certify compliance with the installation standards, 
the installer will have to assure that acceptable inspections, as 
required in subpart F of this part, are performed.



Sec. 3286.203  Installation license required.

    (a) Installation license required. (1) Any individual or entity that 
engages in the business of directing, supervising, or controlling 
initial installations of new manufactured homes in a state without a 
qualifying installation program must itself have, or must employ someone 
who has, a valid manufactured home installation license issued in 
accordance with the requirements of this subpart C. For each 
installation covered under these requirements, the licensed installer, 
and any company that employs the licensed installer, will be responsible 
for the proper and competent performance of all employees working under 
the licensed installer's supervision and for assuring that the 
installation work complies with this part.
    (2) A business that employs a licensed installer to represent the 
business and hold the installer's license retains primary responsibility 
for performance of the installation work in

[[Page 263]]

compliance with the requirements of this part.
    (3) A license is not required for individuals working as direct 
employees of a licensed installer or for the company that employs a 
licensed installer, provided that those individuals are supervised by a 
licensed installer.
    (4) The installer must display an original or a copy of a valid 
installation license at the site of the installation while performing 
work related to the installation of the home.
    (5) The installer is responsible for understanding and following, as 
applicable, the approved manufacturer installation instructions and any 
alternative installation design and instructions that have been 
certified by a professional engineer or registered architect, that have 
been approved by the manufacturer and DAPIA as providing a level of 
protection for residents of the home that equals or exceeds the 
protection provided by the federal installation standards in part 3285 
of this chapter.
    (b) Installation license not required. An installation license is 
not required for:
    (1) Site preparation that is not subject to the requirements of part 
3285 of this chapter;
    (2) Connection of utilities to the manufactured home;
    (3) Add-ons subject to the requirements of Sec. 3282.8(j) of this 
chapter;
    (4) Temporary installations on dealer, distributor, manufacturer, or 
other sales or storage lots, when the manufactured home is not serving 
as an occupied residence;
    (5) Home maintenance, repairs, or corrections, or other 
noninstallation-related work performed by the home manufacturer under 
warranty or other obligations or service agreements;
    (6) Installations performed by authorized representatives of the 
Federal Emergency Management Agency in order to provide emergency 
housing after a natural disaster; or
    (7) Work performed at the home site that is not covered by the 
federal installation standards in part 3285 of this chapter or the 
requirements of this part.



Sec. 3286.205  Prerequisites for installation license.

    (a) Required experience. (1) In order to obtain an installation 
license to perform manufactured home installations under the HUD-
administered installation program, an individual must meet at least one 
of the following minimum experience requirements:
    (i) 1,800 hours of experience installing manufactured homes;
    (ii) 3,600 hours of experience in the construction of manufactured 
homes;
    (iii) 3,600 hours of experience as a building construction 
supervisor;
    (iv) 1,800 hours as an active manufactured home installation 
inspector;
    (v) Completion of one year of a college program in a construction-
related field; or
    (vi) Any combination of experience or education from paragraphs 
(a)(1)(i) through (a)(1)(v) of this section that totals 3,600 hours.
    (2) An installer who is certified or licensed to perform 
manufactured home installations in a state with a qualifying 
installation program may be exempted by the Secretary from complying 
with these experience requirements, if the Secretary determines that the 
state requirements are substantially equal to the HUD experience 
requirements.
    (b) Required training--(1) Initial applicant. An applicant for an 
installation license must complete 12 hours of training, at least 4 
hours of which must consist of training on the federal installation 
standards in part 3285 of this chapter and the installation program 
regulations in this part. An installer who is licensed to perform 
installations in a state with a qualified installation program may 
postpone the training requirements of this section until October 20, 
2009.
    (2) Renewal applicant. In order to qualify for renewal of an 
installation license, the licensed installer must complete 8 hours of 
continuing education during the 3-year license period, including in any 
particular subject area that may be required by HUD to be covered in 
order to assure adequate understanding of installation requirements.
    (3) The training required under this paragraph (b) must be conducted 
by

[[Page 264]]

trainers who meet the requirements of subpart D of this part and must 
meet the curriculum requirements established in Sec. 3286.308 or 
Sec. 3286.309, as applicable.
    (c) Testing. An applicant for an installation license must have 
successfully received a passing grade of 70 percent on a HUD-
administered or HUD-approved examination covering the Manufactured Home 
Installation Program and the federal installation standards in part 
3285.
    (d) Surety bond or insurance. An applicant for an installation 
license must provide evidence of and must maintain, when available in 
the state of installation, a surety bond or insurance that will cover 
the cost of repairing all damage to the home and its supports caused by 
the installer during the installation up to and including replacement of 
the home. HUD may require the licensed installer to provide proof of the 
surety bond or insurance at any time. The licensed installer must notify 
HUD of any changes or cancellations with the surety bond or insurance 
coverage.



Sec. 3286.207  Process for obtaining installation license.

    (a) Where to apply. An applicant for an initial or renewed 
installation license must provide the applicant's legal name, address, 
and telephone number to HUD. The application, with all required 
information, must be sent to: Administrator, Office of Manufactured 
Housing Programs, HUD, 451 Seventh Street, SW., Room 9164, Washington, 
DC 20410-8000, or to a fax number or e-mail address obtained by calling 
the Office of Manufactured Housing Programs. For convenience only, the 
current URL of the Web site is http://www.hud.gov/offices/hsg/sfh/mhs/
mhshome.cfm, and the current toll-free telephone number to contact the 
Office of Manufactured Housing Programs is 1-800-927-2891, extension 57.
    (b) Proof of experience. Every applicant for an initial installation 
license must submit verification of the experience required in 
Sec. 3286.205(a). This verification may be in the form of statements by 
past or present employers or a self-certification that the applicant 
meets those experience requirements, but HUD may contact the applicant 
for additional verification at any time. The applicant must also provide 
to HUD employment information relevant to the applicant's experience as 
an installer, including the dates and type of such employment. An 
installer who is certified or licensed to perform manufactured home 
installations in a state with a qualifying installation program may seek 
an exemption from the experience requirement by submitting proof of such 
certification or license.
    (c) Proof of training. Every applicant for an initial installation 
license, or the renewal of an installation license, must submit 
verification of successful completion of the training required in 
Sec. 3286.205(b). This verification must be in the form of a certificate 
of completion from a qualified trainer that the applicant has completed 
the requisite number of hours of a qualifying curriculum, as set out in 
Sec. 3286.308 or Sec. 3286.309.
    (d) Proof of surety bond or insurance. Every applicant for an 
installation license must submit the name of the applicant's surety bond 
or insurance carrier and the number of the policy required in 
Sec. 3286.205(d).
    (e) Other application submissions. (1) Every applicant for an 
installation license must submit a list of all states in which the 
applicant holds a similar installation certification or license, and a 
list of all states in which the applicant has had such a certification 
or license revoked, suspended, or denied.
    (2) When the examination is not administered by HUD, every applicant 
for an initial installation license must submit certification of a 
passing grade on the examination required by Sec. 3286.205(c).
    (f) Issuance or denial of an installation license. (1) When HUD 
confirms that an applicant has met the requirements in this subpart C, 
HUD will either:
    (i) Provide an installation license to the applicant that, as long 
as the installation license remains in effect, establishes the 
applicant's qualification to install manufactured homes in a state 
subject to the HUD-administered installation program; or
    (ii) Provide a written explanation of why HUD deems the applicant to 
not

[[Page 265]]

qualify for an installation license, including on grounds applicable 
under Sec. 3286.209 for suspension or revocation of an installation 
license and any other specified evidence of inability to adequately meet 
the requirements of this part.
    (2) An applicant who is denied an installation license under this 
subpart C, other than for failure to pass the installation license test, 
may request from HUD an opportunity for a presentation of views, in 
accordance with subpart D of part 3282 of this chapter, for the purpose 
of establishing the applicant's qualifications to obtain an installation 
license.
    (g) Assignment of license prohibited. An installation license issued 
under this part may not be transferred, assigned, or pledged to another 
entity or individual.



Sec. 3286.209  Denial, suspension, or revocation of installation license.

    (a) Oversight. The Secretary may make a continuing evaluation of the 
manner in which each licensed installer is carrying out his or her 
responsibilities under this subpart C.
    (b) Denial, suspension, or revocation. After notice and an 
opportunity for a presentation of views in accordance with subpart D of 
part 3282 of this chapter, the Secretary may deny, suspend, or revoke an 
installation license under this part. An installation license may be 
denied, suspended, or revoked for, among other things:
    (1) Providing false records or information to any party;
    (2) Refusing to submit information that the Secretary requires to be 
submitted;
    (3) Failure to comply with applicable requirements of parts 3285, 
3286, or 3288 of this chapter;
    (4) Failure to take appropriate actions upon a failed inspection, as 
provided in Sec. 3286.509;
    (5) Fraudulently obtaining or attempting to obtain an installation 
license, or fraudulently or deceptively using an installation license;
    (6) Using or attempting to use an expired, suspended, or revoked 
installation license;
    (7) Violating state or federal laws that relate to the fitness and 
qualification or ability of the applicant to install homes; or
    (8) Engaging in poor conduct or workmanship as evidenced by one or 
more of the following:
    (i) Installing one or more homes that fail to meet the requirements 
of Sec. 3286.107;
    (ii) An unsatisfied judgment in favor of a consumer;
    (iii) Repeatedly engaging in fraud, deception, misrepresentation, or 
knowing omissions of material facts relating to installation contracts;
    (iv) Having a similar state installation license or certification 
denied, suspended, or revoked;
    (v) Having the renewal of a similar state installation license or 
certification denied for any cause other than failure to pay a renewal 
fee; or
    (vi) Failure to maintain the surety bond or insurance required by 
Sec. 3286.205(d).
    (c) Other criteria. In deciding whether to suspend or revoke an 
installation license, the Secretary will consider the impact of the 
suspension or revocation on other affected parties and will seek to 
assure that the sales and siting of manufactured homes are not unduly 
disrupted.
    (d) Reinstating an installation license. An installer whose 
installation license has been denied, suspended, or revoked may submit a 
new application in accordance with this subpart C. Installers whose 
installation licenses have been suspended may also reinstate their 
installation licenses in any manner provided under the terms of their 
suspensions.



Sec. 3286.211  Expiration and renewal of installation licenses.

    (a) Expiration. Each installation license issued or renewed under 
this subpart C will expire 3 years after the date of its issuance or 
renewal.
    (b) Renewal. An application for the renewal of an installation 
license must include the information required by, and must be submitted 
to, HUD in accordance with Sec. 3286.207, and must be submitted at least 
60 days before the date the license expires. Any person applying for a 
license renewal after the date the license expires must apply for a new 
installation license following the

[[Page 266]]

requirements established under this subpart C for application for an 
initial installation license.



       Subpart D_Training of Installers in HUD-Administered States



Sec. 3286.301  Purpose.

    The purpose of this subpart D is to establish the requirements for a 
person to qualify to provide the training required under subpart C of 
this part. This training is required for manufactured home installers 
who want to be licensed in accordance with the HUD-administered 
installation program.



Sec. 3286.303  Responsibilities of qualified trainers.

    (a) Curriculum and hours. In providing training to installers for 
the purpose of qualifying installers under the HUD-administered 
installation program, qualified trainers must adequately address the 
curriculum and instruction-time requirements established in subparts C 
and D of this part.
    (b) Attendance records. Qualified trainers must maintain records of 
the times, locations, names of attendees at each session, and content of 
all courses offered. When an attendee misses a significant portion of 
any training session, the trainer must assure that the attendee makes up 
the missed portion of the instruction.
    (c) Certificates of completion of training. Qualified trainers must 
provide certificates of completion to course attendees that indicate the 
level of compliance with the applicable curriculum and time requirements 
under subparts C and D of this part.
    (d) Record retention. All records maintained by trainers and 
continuing education providers must be retained for 3 years, and must be 
made available to HUD upon request.
    (e) Testing of installers. Qualified trainers may be authorized to 
administer the installation license testing required for initial 
licensing of installers, as set forth in Sec. 3286.205(c).



Sec. 3286.305  Installation trainer criteria.

    (a) Trainer qualification required. (1) All classes that provide 
manufactured home installation education classes used to satisfy the 
requirements for the initial issuance and renewal of installation 
licenses under subpart C of this part must be taught by trainers who are 
registered with HUD as qualified trainers. In order to register with HUD 
as a qualified trainer, a person must meet the experience requirements 
of this section.
    (2) Any entity other than a natural person may also provide initial 
training and continuing education, as long as such entity establishes 
its qualification as a trainer by providing evidence and assurance that 
the entity's individual trainers meet the requirements of this section.
    (b) Experience prerequisites. In order to qualify as a trainer, an 
individual or other training entity must provide to HUD evidence that 
each individual who will be responsible for providing training:
    (1) Has a minimum of 3,600 hours of experience in one or more of the 
following:
    (i) As a supervisor of manufactured home installations;
    (ii) As a supervisor in the building construction industry;
    (iii) In design work related to the building construction industry; 
or
    (2) Has completed a 2-year educational program in a construction-
related field.
    (c) Certification of curriculum. In order to register as a qualified 
trainer, an individual or other training entity must submit to HUD 
certification that training provided in accordance with this subpart D 
will meet the curriculum requirements established in Sec. 3286.308 or 
Sec. 3286.309, as applicable.



Sec. 3286.307  Process for obtaining trainer's qualification.

    (a) Where to apply. An applicant for qualification as a trainer must 
provide the applicant's legal name, address, and telephone number to 
HUD. The application, with all required information, must be sent to: 
Administrator, Office of Manufactured Housing Programs, HUD, 451 Seventh 
Street, SW., Room 9164, Washington DC 20410-8000, or to a fax number or 
e-mail address obtained by calling the Office of Manufactured Housing 
Programs. For convenience only, the URL of the Web site is http://
www.hud.gov/offices/hsg/sfh/mhs/

[[Page 267]]

mhshome.cfm, and the toll-free telephone number to contact the Office of 
Manufactured Housing Programs is 1-800-927-2891, extension 57.
    (b) Proof of experience. (1) Every individual applicant for initial 
qualification as a trainer must submit verification of the experience 
required in Sec. 3286.305. This verification may be in the form of 
statements by past or present employers or a self-certification that the 
applicant meets those experience requirements, but HUD may contact the 
applicant for additional verification at any time. The applicant must 
also provide to HUD employment information relevant to the applicant's 
experience as a trainer, including the dates and type of such 
employment. A trainer who is licensed, or otherwise certified, to 
provide manufactured home installation training in a state with a 
qualifying installation program may seek an exemption from the 
experience requirement by submitting proof of such license or other 
certification. An individual who applies for renewal qualification as a 
trainer is not required to submit additional proof of experience.
    (2) An entity that seeks to be designated as a qualified trainer 
must provide evidence and assurance that the entity's individual 
trainers meet the experience requirements in Sec. 3286.305.
    (c) Other qualification information. (1) An applicant for initial or 
renewal qualification as a trainer must submit to HUD a list of all 
states in which the applicant has had a similar training qualification 
revoked, suspended, or denied.
    (2) An applicant also must submit to HUD a certification that 
training provided in accordance with this subpart D will meet the 
curriculum requirements established in Sec. 3286.308 or Sec. 3286.309, 
as applicable.
    (d) Confirmation or denial of qualification. (1) When HUD confirms 
that an applicant has met the experience and curriculum requirements in 
this section, HUD will either:
    (i) Provide to the applicant a written confirmation that the 
applicant is a qualified trainer under this part, and will add the 
applicant's name to a list maintained by HUD of qualified trainers; or
    (ii) Provide a written explanation of why HUD deems the applicant to 
not qualify as a trainer, including on grounds applicable under 
Sec. 3286.311 for suspension or revocation of a qualification and any 
other specified evidence of inability to meet the requirements of this 
part.
    (2) An applicant whose qualification is denied by HUD may request an 
opportunity for a presentation of views, in accordance with subpart D of 
part 3282 of this chapter, for the purpose of establishing the 
applicant's qualifications to be a qualified trainer or the adequacy of 
any training curriculum that is challenged by HUD.
    (e) Assignment of qualification prohibited. A qualification issued 
under this subpart D may not be transferred, assigned, or pledged to 
another entity or individual.



Sec. 3286.308  Training curriculum.

    (a) Curriculum for initial installer licensing. The training 
provided by qualified trainers to installers to meet the initial 
requirements of the HUD-administered installation program must include 
at least 12 hours of training, at least 4 hours of which must consist of 
training on the federal installation standards in part 3285 of this 
chapter and the installation program regulations in this part. The 
curriculum must include, at a minimum, training in the following areas:
    (1) An overview of the Act and the general regulatory structure of 
the HUD manufactured housing program;
    (2) An overview of the manufactured home installation standards and 
regulations established in parts 3285 and 3286 of this chapter, and 
specific instruction including:
    (i) Preinstallation considerations;
    (ii) Site preparation;
    (iii) Foundations;
    (iv) Anchorage against wind;
    (v) Optional features, including comfort cooling systems;
    (vi) Ductwork and plumbing and fuel supply systems;
    (vii) Electrical systems; and
    (viii) Exterior and interior close-up work;
    (3) An overview of the construction and safety standards and 
regulations

[[Page 268]]

found in parts 3280 and 3282 of this chapter;
    (4) Licensing requirements applicable to installers;
    (5) Installer responsibilities for correction of improper 
installation, including installer obligations under applicable state and 
HUD manufactured housing dispute resolution programs;
    (6) Inspection requirements and procedures;
    (7) Problem-reporting mechanisms;
    (8) Operational checks and adjustments; and
    (9) Penalties for any person's failure to comply with the 
requirements of this part 3286 and parts 3285 and 3288 of this chapter.
    (b) Updating curriculum. Qualified trainers must revise and modify 
course curriculum as needed to include, at a minimum, any relevant 
modifications to the Act or the implementing standards and regulations 
in this chapter, as well as to provide any training further mandated by 
HUD.



Sec. 3286.309  Continuing education-trainers and curriculum.

    (a) HUD-mandated elements. Only qualified trainers are permitted to 
provide any training on particular subject areas that are required by 
HUD to be an element of the continuing education requirement set out in 
Sec. 3286.205(b)(2) for the renewal of an installer's license. In 
implementing this requirement, HUD will:
    (1) Establish the minimum number of hours and the required 
curriculum for such subject areas, according to experience with the 
program and changes in program requirements; and
    (2) Provide information about the hours and curriculum directly to 
qualified trainers and licensed installers, or through general 
publication of the information.
    (b) Other training. (1) The remainder of the 8 hours required to 
meet the continuing education requirement may be met through training 
provided either by qualified trainers or by any combination of the 
following:
    (i) Accredited educational institutions, including community 
colleges and universities;
    (ii) A provider of continuing education units who is certified by 
the International Association for Continuing Education and Training;
    (iii) Agencies at any level of government; and
    (iv) State or national professional associations.
    (2) The curriculum for the remainder of the 8 hours of continuing 
education training must relate to any aspect of manufactured home 
installation or construction, or to the general fields of building 
construction or contracting.



Sec. 3286.311  Suspension or revocation of trainer's qualification.

    (a) Oversight. The Secretary may make a continuing evaluation of the 
manner in which each qualified trainer is carrying out the trainer's 
responsibilities under this subpart D.
    (b) Suspension or revocation of qualification. After notice and an 
opportunity for a presentation of views in accordance with subpart D of 
part 3282 of this chapter, the Secretary may suspend or revoke a 
trainer's qualification under this part. A trainer's qualification may 
be suspended or revoked for cause, which may include:
    (1) Providing false records or information to HUD;
    (2) Refusing to submit information required to be submitted by the 
Secretary in accordance with the Act;
    (3) Certifying, or improperly assisting certification of, a person 
as having met the training requirements established in this part when 
that person has not completed the required training;
    (4) Failing to appropriately supervise installation training that is 
used to meet the requirements of this part and that is provided by other 
persons; and
    (5) Any other failures to comply with the requirements of this part.
    (c) Other criteria. In deciding whether to suspend or revoke a 
trainer's qualification, the Secretary will consider the impact of the 
suspension or revocation on other affected parties and will seek to 
assure that the sales and siting of manufactured homes are not unduly 
disrupted.
    (d) Reinstating qualification. A trainer whose qualification has 
been suspended or revoked may submit a new application to be qualified 
in accordance with this subpart D no sooner than 6 months

[[Page 269]]

after the date of suspension or revocation. A trainer whose 
qualification has been suspended may also reinstate the qualification in 
any manner provided under the terms of the suspension.



Sec. 3286.313  Expiration and renewal of trainer qualification.

    (a) Expiration. Each notice of qualification issued or renewed under 
this subpart D will expire 5 years after the date of its issuance or 
renewal.
    (b) Renewal. An application for the renewal of a trainer 
qualification must be submitted to HUD in accordance with Sec. 3286.307, 
and must be submitted at least 60 days before the date the trainer's 
term of qualification expires. Any person applying for a qualification 
renewal after the date the qualification expires must apply for a new 
qualification, following the requirements established under this subpart 
D for application for initial qualification as an installation trainer.



Subpart E_Installer Responsibilities of Installation in HUD-Administered 
                                 States



Sec. 3286.401  Purpose.

    The purpose of this subpart E is to set out the responsibilities of 
the installer who is accountable for the installation of a manufactured 
home in compliance with the requirements of the HUD-administered 
installation program.



Sec. 3286.403  Licensing requirements.

    An installer of manufactured homes must comply with the licensing 
requirements set forth in subpart C of this part.



Sec. 3286.405  Installation suitability.

    (a) Site appropriateness. Before installing a manufactured home at 
any site, the installer must assure that the site is suitable for 
installing the home by verifying that:
    (1) The site is accessible;
    (2) The site is appropriate for the foundation or support and 
stabilization system that is to be used to install the home in 
accordance with the federal installation standards or alternative 
requirements in part 3285 of this chapter;
    (3) The data plate required by Sec. 3280.5 of this chapter is 
affixed to the home, that the home is designed for the roof load, wind 
load, and thermal zones that are applicable to the intended site; and
    (4) The installation site is protected from surface run-off and can 
be graded in accordance with part 3285.
    (b) Installer notification of unsuitable site. If the installer 
determines that the home cannot be installed properly at the site, the 
installer must:
    (1) Notify the purchaser or other person with whom the installer 
contracted for the installation work, identifying the reasons why the 
site is unsuitable;
    (2) Notify the retailer that contracted with the purchaser for the 
sale of the home, identifying the reasons why the site is unsuitable;
    (3) Notify HUD, identifying the reasons why the site is unsuitable;
    (4) Decline to install the home until the site and the home are both 
verified by the installer as suitable for the site under this section; 
and
    (5) Ensure that all unique characteristics of the site have been 
fully addressed.
    (c) Installer notification of failures to comply with the 
construction and safety standards. If the installer notices and 
recognizes failures to comply with the construction and safety standards 
in part 3280 of this chapter prior to beginning any installation work, 
during the course of the installation work, or after the installation 
work is complete, the installer must notify the manufacturer and 
retailer of each failure to comply.
    (d) Retailer notification. The retailer must provide a copy of the 
notification received in paragraphs (b) and (c) of this section to any 
subsequent installer.



Sec. 3286.407  Supervising work of crew.

    The installer will be responsible for the work performed by each 
person engaged to perform installation tasks on a manufactured home, in 
accordance with the HUD-administered installation program.

[[Page 270]]



Sec. 3286.409  Obtaining inspection.

    (a) Inspection obligations. Ten business days prior to the 
completion of installation, the installer must arrange for a third-party 
inspection of the work performed, in accordance with subpart F of this 
part, unless the installer and retailer who contracted with the 
purchaser for the sale of the home agree, in writing, that during the 
same time period the retailer will arrange for the inspection. Such 
inspection must be performed as soon as practicable by an inspector who 
meets the qualifications set forth in Sec. 3286.511. The scope of the 
inspections that are required to be performed is addressed in 
Sec. 3286.505.
    (b) Contract rights not affected. Failure to arrange for an 
inspection of a home within 5 business days will not affect the validity 
or enforceability of any sale or contract for the sale of any 
manufactured home.
    (c) State or local permits. The licensed installer should obtain all 
necessary permits required under state or local laws.



Sec. 3286.411  Certifying installation.

    (a) Certification required. When the installation work is complete, 
a licensed installer must visit the jobsite and certify that:
    (1) The manufactured home has been installed in accordance with:
    (i) An installation design and instructions that have been provided 
by the manufacturer and approved by the Secretary directly or through 
review by the DAPIA; or
    (ii) An installation design and instructions that have been prepared 
and certified by a professional engineer or registered architect, that 
have been approved by the manufacturer and the DAPIA as providing a 
level of protection for residents of the home that equals or exceeds the 
protection provided by the federal installation standards in part 3285 
of this chapter.
    (2) The installation of the home has been inspected as required by 
Sec. 3286.503, and an inspector has verified the installation as meeting 
the requirements of this part.
    (3) All installation defects brought to the installer's attention 
have been corrected.
    (b) Recipients of certification. The installer must provide a signed 
copy of its certification to the retailer that contracted with the 
purchaser or lessee for the sale or lease of the home, and to the 
purchaser or other person with whom the installer contracted for the 
installation work.



Sec. 3286.413  Recordkeeping.

    (a) Records to be retained. The installer must retain:
    (1) A record of the name and address of the purchaser or other 
person with whom the installer contracted for the installation work and 
the address of the home installed;
    (2) A copy of the contract pursuant to which the installer performed 
the installation work;
    (3) A copy of any notice from an inspector disapproving the 
installation work;
    (4) A copy of the qualified inspector's verification of the 
installation work;
    (5) A copy of the installer's certification of completion of 
installation in accordance with the requirements of this part; and
    (6) A copy of foundation designs used to install the home, if 
different from the designs provided by the manufacturer, including 
evidence that the foundation designs and instructions were certified by 
a professional engineer or registered architect, including the name, 
address, and telephone number of the professional engineer or architect 
certifying the designs.
    (b) Retention requirement. The records listed in paragraph (a) of 
this section must be maintained for a period of 3 years after the 
installer certifies completion of installation.



    Subpart F_Inspection of Installations in HUD-Administered States



Sec. 3286.501  Purpose.

    The purpose of this subpart F is to provide additional detail about 
the inspection that must be performed by a qualified third-party 
inspector before the installation of a manufactured home may be verified 
by the inspector and certified by the installer under the HUD-
administered installation program.

[[Page 271]]



Sec. 3286.503  Inspection required.

    (a) Timing of requirements. Ten business days prior to the 
completion of the installation of each manufactured home, the installer 
must arrange for a third-party inspection of the work performed, unless 
the installer and retailer who contracted with the purchaser for the 
sale of the home agree, in writing, that during the same time period the 
retailer will arrange for the inspection. Such inspection must be 
performed as soon as practicable by an inspector that meets the 
qualifications set out in Sec. 3286.511. The scope of the inspections 
that are required to be performed is addressed in Sec. 3286.505.
    (b) Disclosure of requirement. At the time of sale, the retailer 
must disclose to the purchaser, in a manner provided in Sec. 3286.7, 
that the manufactured home must be installed in accordance with 
applicable federal and state law, including requirements for a third-
party inspection of the installation. If the cost of inspection of the 
home's installation is not included in the sales price of the home, the 
sales contract must include a clear disclosure about whether the 
purchaser will be charged separately for the inspection of the home's 
installation and the amount of such charge.
    (c) Providing instructions to inspectors. Installation instructions 
must be made available to the inspector at the installation site by the 
installer.



Sec. 3286.505  Minimum elements to be inspected.

    The installation of every manufactured home that is subject to the 
HUD-administered installation program is required to be inspected for 
each of the installation elements included in a checklist. The checklist 
must include assurance that each of the following elements complies with 
the requirements of part 3285 of this chapter:
    (a) Site location with respect to home design and construction;
    (b) Consideration of site-specific conditions;
    (c) Site preparation and grading for drainage;
    (d) Foundation construction;
    (e) Anchorage including verification that the ground anchors have 
been installed in accordance with the manufacturer's instructions, in a 
soil classification permitted by the anchor listing or certification, 
with the required size and type of stabilizer plate, if required by the 
listing or certification, and at an orientation and angle of pull 
permitted by its listing or certification.
    (f) Installation of optional features;
    (g) Completion of ductwork, plumbing, and fuel supply systems;
    (h) Electrical systems;
    (i) Exterior and interior close-up;
    (j) Skirting, if installed; and
    (k) Completion of operational checks and adjustments.

[73 FR 35292, June 20, 2008, as amended at 79 FR 53618, Sept. 10, 2014]



Sec. 3286.507  Verifying installation.

    (a) Verification by inspector. When an inspector is satisfied that 
the manufactured home has been installed in accordance with the 
requirements of this part, the inspector must provide verification of 
the installation in writing and return the evidence of such verification 
to the installer.
    (b) Certification by installer. (1) Once an installation has been 
inspected and verified, the installer is permitted to certify the 
installation as provided in Sec. 3286.111. The installer must provide a 
signed copy of the certification to:
    (i) The retailer that contracted with the purchaser for the sale of 
the home;
    (ii) The purchaser; and
    (iii) Any other person that contracted to obtain the services of the 
installer for the installation work on the home.
    (2) The installer must retain records in accordance with 
Sec. 3286.413.



Sec. 3286.509  Reinspection upon failure to pass.

    (a) Procedures for failed inspection. If the inspector cannot verify 
the installation of the manufactured home, the inspector must 
immediately notify the installer of any failures to comply with the 
installation standards and explain the reasons why the inspector cannot 
issue verification that the installation complies with the requirements 
of this part. After the installation is corrected, it must be 
reinspected before verification can be issued.

[[Page 272]]

    (b) Cost of reinspection. If there is any cost for the reinspection 
of an installation that an inspector has refused to verify, that cost 
must be paid by the installer or the retailer and, absent a written 
agreement with the purchaser that specifically states otherwise, that 
cost cannot be charged to the purchaser of the manufactured home.



Sec. 3286.511  Inspector qualifications.

    (a) Qualifications. Any individual or entity who meets at least one 
of the following qualifications is permitted to review the work and 
verify the installation of a manufactured home that is subject to the 
requirements of the HUD-administered installation program:
    (1) A manufactured home or residential building inspector employed 
by the local authority having jurisdiction over the site of the home, 
provided that the jurisdiction has a residential code enforcement 
program;
    (2) A professional engineer;
    (3) A registered architect;
    (4) A HUD-accepted Production Inspection Primary Inspection Agency 
(IPIA) or a Design Approval Primary Inspection Agency (DAPIA); or
    (5) An International Code Council certified inspector.
    (b) Independence required. The inspector must be independent of the 
manufacturer, the retailer, the installer, and any other person that has 
a monetary interest, other than collection of an inspection fee, in the 
completion of the sale of the home to the purchaser.
    (c) Suspension or revocation of inspection authority. After notice 
and an opportunity for a presentation of views in accordance with 
subpart D of part 3282 of this chapter, the Secretary may suspend or 
revoke an inspector's authority to inspect manufactured home 
installations under this part in HUD-administered states. An inspector's 
authority may be suspended or revoked for cause. In deciding whether to 
suspend or revoke an inspector's authority to conduct such installation 
inspections, the Secretary will consider the impact of the suspension or 
revocation on other affected parties and will seek to assure that the 
sales and siting of manufactured homes are not unduly disrupted.
    (d) Reinstating inspection authority. An inspector whose authority 
to inspect manufactured home installations in HUD-administered states 
has been suspended or revoked under this section may apply for 
reauthorization by contacting: Administrator, Office of Manufactured 
Housing Programs, HUD, 451 Seventh Street, SW., Room 9164, Washington, 
DC 20410-8000, or to a fax number or e-mail address obtained by calling 
the Office of Manufactured Housing Programs at the toll-free telephone 
number 1-800-927-2891, extension 57.



     Subpart G_Retailer Responsibilities in HUD-Administered States



Sec. 3286.601  Purpose.

    The purpose of this subpart G is to set out the requirements that 
apply to a retailer with respect to the federal installation 
requirements applicable to new manufactured homes that the retailer 
sells or leases and that will be installed in states that do not have 
qualifying installation programs. These requirements are in addition to 
other requirements that apply to retailers of manufactured homes 
pursuant to other parts of this chapter.



Sec. 3286.603  At or before sale.

    (a) Before contract. (1) The retailer is required to support each 
transportable section of a manufactured home that is temporarily or 
permanently located on a site used by a retailer in accordance with the 
manufacturer's instructions.
    (2) Before a purchaser or lessee signs a contract of sale or lease 
for a manufactured home, the retailer must:
    (i) Provide the purchaser or lessee with a copy of the consumer 
disclosure statement required in Sec. 3286.7(b); and
    (ii) Verify that the wind, thermal, and roof load zones of the home 
being purchased or leased are appropriate for the site where the 
purchaser or lessee plans to install the home for occupancy; and
    (iii) If the cost of inspection of the home's installation is not 
included in the sales price of the home, provide the disclosure required 
in Sec. 3286.7(b).
    (b) Occupancy site not known. When at the time of purchase the 
purchaser does not know the locale for the initial

[[Page 273]]

siting of the home for occupancy, the retailer must advise the purchaser 
that:
    (1) The home was designed and constructed for specific wind, 
thermal, and roof load zones; and
    (2) If the home is sited in a different zone, the home may not pass 
the required installation inspection because the home will have been 
installed in a manner that would take it out of compliance with the 
construction and safety standards in part 3280 of this chapter.
    (c) Verification of installer license. When the retailer or 
manufacturer agrees to provide any set up in connection with the sale or 
lease of the home, the retailer or manufacturer must verify that the 
installer is licensed in accordance with these regulations.



Sec. 3286.605  After sale.

    (a) Tracking installation information. The retailer is responsible 
for providing to HUD the information required pursuant to Sec. 3286.113.
    (b) Other tracking and compliance requirements. The retailer 
continues to be responsible for compliance with the tracking and 
compliance requirements set out in subpart F of part 3282 of this 
chapter, which are related to HUD construction and safety standards.



Sec. 3286.607  Recordkeeping.

    The retailer is responsible for the reporting and recordkeeping 
requirements under Sec. 3286.113.



     Subpart H_Oversight and Enforcement in HUD-Administered States



Sec. 3286.701  Purpose.

    The purpose of this subpart H is to set out the mechanisms by which 
manufacturers, retailers, distributors, installers, and installation 
inspectors will be held accountable for assuring the appropriate 
installation of manufactured homes. The requirements in subpart A of 
this part are applicable in all states, the requirements in subparts B 
through H are applicable in states where the HUD-administered 
installation program operates, and the requirements in subpart I are 
applicable in states with qualifying installation programs. It is the 
policy of the Secretary, regarding manufactured home installation 
program enforcement matters, to cooperate with state or local agencies 
having authority to regulate the installation of manufactured homes. In 
addition to actions expressly recognized under this subpart H and other 
provisions in this part, however, HUD may take any actions authorized by 
the Act in order to oversee the system established by the regulations in 
this part.



Sec. 3286.703  Failure to comply.

    (a) Penalties and injunctive relief. Failure to comply with the 
requirements of this part is a prohibited act under section 610(a)(7) of 
the Act, 42 U.S.C. 5409(a). Any person who fails to comply with the 
requirements of this part is subject to civil and criminal penalties, 
and to actions for injunctive relief, in accordance with sections 611 
and 612 of the Act, 42 U.S.C. 5410 and 5411.
    (b) Presentation of views. When practicable, the Secretary will 
provide notice to any person against whom an action for injunctive 
relief is contemplated and will afford such person an opportunity to 
request a presentation of views. The procedures set forth in 
Secs. 3282.152 through 3282.154 of this chapter shall apply to each 
request to present views and to each presentation of views authorized in 
accordance with this section.
    (c) Investigations. The procedures for investigations and 
investigational proceedings are set forth in part 3800 of this chapter.



Sec. 3286.705  Applicability of dispute resolution program.

    (a) Generally. Regardless of any action taken under Sec. 3286.703, 
for any defect in a manufactured home that is reported during the one-
year period beginning on the date of installation, as specified in 
Sec. 3286.115, any rights and remedies available under the HUD dispute 
resolution program, as implemented in part 3288 of this chapter, 
continue to apply as provided in that part.
    (b) Waiver of rights invalid. Any provision of a contract or 
agreement entered

[[Page 274]]

into by a manufactured home purchaser that seeks to waive any recourse 
to either HUD or a state dispute resolution program is void.



                        Subpart I_State Programs



Sec. 3286.801  Purpose.

    The purpose of this subpart I is to establish the requirements that 
must be met by a state to implement and administer its own installation 
program, either as part of its approved state plan or under this 
subpart, in such a way that the state would not be covered by the HUD-
administered installation program. This subpart I also establishes the 
procedure for determining whether a state installation program meets the 
requirements of the Act for a qualifying installation program that will 
operate in lieu of the HUD-administered installation program.



Sec. 3286.803  State qualifying installation programs.

    (a) Qualifying installation program supersedes. The HUD-administered 
installation program will not be implemented in any state that is 
identified as fully or conditionally accepted under the requirements and 
procedures of this subpart I or in accordance with part 3282 of this 
chapter.
    (b) Minimum elements. To be accepted as a fully qualifying 
installation program, a state installation program must include the 
following elements:
    (1) Installation standards that meet or exceed the requirements of 
Sec. 3286.107(a) and that apply to every initial installation of a new 
manufactured home within the state;
    (2) The training of manufactured home installers;
    (3) The licensing of, or other method of certifying or approving, 
manufactured home installers to perform the initial installations of new 
manufactured homes in the state;
    (4) A method for inspecting the initial installations of new 
manufactured homes in the state that is implemented and used to hold 
installers responsible for the work they perform; and
    (5) Provision of adequate funding and personnel to administer the 
state installation program.
    (c) Conditional acceptance. (1) A state installation program that 
meets the minimum requirements set forth under paragraphs (b)(1), (4), 
and (5) of this section may be conditionally accepted by the Secretary 
if the state provides assurances deemed adequate by the Secretary that 
the state is moving to meet all of the requirements for full acceptance. 
If the Secretary conditionally accepts a state's installation program, 
the Secretary will provide to the state an explanation of what is 
necessary to obtain full acceptance.
    (2) A conditionally accepted state will be permitted to implement 
its own installation program in lieu of the HUD-administered program for 
a period of not more than 3 years. The Secretary may for good cause 
grant an extension of conditional approval upon petition by the state.
    (d) Limited exemptions from requirements. A state installation 
program may be accepted by the Secretary as a qualifying installation 
program if the state can demonstrate that it lacks legal authority, as a 
matter of federal law, to impose the minimum requirements set forth 
under paragraph (b) of this section in certain geographic areas of the 
state, but that the minimum requirements do apply in all other 
geographic areas of the state.



Sec. 3286.805  Procedures for identification as qualified installation
program.

    (a) Submission of certification. (1) A state seeking identification 
as having a qualified installation program must submit a completed State 
Installation Program Certification form to the Secretary for review and 
acceptance and indicate if the installation program will be part of its 
approved state plan in accordance with part 3282 of this chapter.
    (2) A state must include a qualified installation program as part of 
any state plan application submitted for approval under Sec. 3282.302 of 
this chapter, if the state does not have a fully or conditionally 
approved state plan in effect at the time of submission of the state 
plan application. In all other cases, a qualified installation program 
is permitted, but is not required, to be

[[Page 275]]

submitted as a part of a state plan approved in accordance with 
Sec. 3282.305 of this chapter.
    (b) HUD review and action. (1) The Secretary will review the State 
Installation Program Certification form submitted by a state and may 
request that the state submit additional information as necessary. 
Unless the Secretary has contacted the state for additional information 
or has conditionally accepted or rejected the state installation 
program, the state installation program will be considered to have been 
accepted by the Secretary as a fully qualifying installation program as 
of the earlier of:
    (i) Ninety days after the Secretary receives the state's completed 
State Installation Program Certification form; or
    (ii) The date that the Secretary issues notification to the state of 
its full acceptance.
    (2) A notice of full or conditional acceptance will include the 
effective date of acceptance.
    (c) Rejection of state installation program. (1) If the Secretary 
intends to reject a state's installation program, the Secretary will 
provide to the state an explanation of what is necessary to obtain full 
or conditional acceptance. The state will be given 90 days from the date 
the Secretary provides such explanation to submit a revised State 
Installation Program Certification form.
    (2) If the Secretary decides that any revised State Installation 
Program Certification form is inadequate, or if the state fails to 
submit a revised form within the 90-day period or otherwise indicates 
that it does not intend to change its form, the Secretary will notify 
the state that its installation program is not accepted.
    (3) A state whose State Installation Program Certification form is 
rejected has a right to a presentation of views on the rejection using 
the procedures set forth under subpart D of part 3282 of this chapter. 
The state's request for a presentation of views must be submitted to the 
Secretary within 60 days after the Secretary has provided notification 
that the state's installation program has been rejected.



Sec. 3286.807  Recertification required.

    (a) Recertification. To maintain its status as a qualified 
installation program when the installation program is not part of the 
approved state plan in accordance with part 3282 of this chapter, a 
state must submit a new State Installation Program Certification form to 
the Secretary for review and action as follows:
    (1) Every 5 years after the state's most recent certification as a 
qualified installation program; and
    (2) Whenever there is a change to the state's installation program 
or a change in the HUD requirements applicable to qualifying 
installation programs such that the state's installation program no 
longer complies with the minimum requirements set forth in 
Sec. 3286.803(b), regardless of when the state's next regular 
recertification of its installation program would be due.
    (b) Due date of recertification. (1) A state's recertification 
required in paragraph (a) of this section must be filed within 90 days 
of, as applicable:
    (i) The 5-year anniversary of the effective date of the Secretary's 
acceptance of the state's most recent certification as a qualified 
installation program; and
    (ii) The effective date of the state or HUD action that makes a 
significant change to the state's installation program.
    (2) Upon petition by the state, the Secretary may for good cause 
grant an extension of the deadline for recertification.
    (c) Failure to Recertify. (1) A state whose certification of its 
installation program, when the installation program is not part of the 
approved state plan in accordance with part 3282 of this chapter, has 
been accepted by the Secretary is permitted to administer its 
installation program in lieu of the HUD-administered installation 
program until the effective date of a notification by the Secretary that 
the state's certification of its installation program is no longer 
approved.
    (2) A state whose recertification of its installation program is 
rejected by the Secretary has a right to a presentation of views on the 
rejection using the procedures set forth under subpart D of part 3282 of 
this chapter. The

[[Page 276]]

state's request for a presentation of views must be submitted to the 
Secretary within 60 days after the Secretary has provided notification 
that the state's recertification of its installation program has been 
rejected.



Sec. 3286.809  Withdrawal of qualifying installation program status.

    (a) Voluntary withdrawal. Any state that intends to withdraw from 
its responsibilities to administer a qualifying installation program 
should provide the Secretary with a minimum of 90 days notice.
    (b) Involuntary withdrawal. Whenever the Secretary finds, after 
affording notice and an opportunity for a hearing in accordance with 
subpart D of part 3282 of this chapter, that a state installation 
program fails to comply substantially with any provision of the 
installation program requirements or that the state program has become 
inadequate, the Secretary will notify the state of withdrawal of 
acceptance or conditional acceptance of the state installation program. 
The HUD-administered installation program will begin to operate in such 
state at such time as the Secretary establishes in issuing the finding.



Sec. 3286.811  Effect on other manufactured housing program requirements.

    A state with a qualifying installation program will operate in lieu 
of HUD with respect to only the installation program established under 
subparts B through H of this part. No state may permit its installation 
program, even if it is a qualified installation program under this part, 
to supersede the requirements applicable to HUD's Manufactured Housing 
Construction and Safety Standards and enforcement programs. Regardless 
of whether a state has a qualified installation program:
    (a) Construction and safety standards. Any responsibilities, rights, 
and remedies applicable under the Manufactured Home Construction and 
Safety Standards Act in part 3280 of this chapter and the Manufactured 
Home Procedural and Enforcement Regulations in part 3282 of this chapter 
continue to apply as provided in those parts; and
    (b) Dispute resolution. For any defect in a manufactured home that 
is reported during the one-year period beginning on the date of 
installation defined in Sec. 3286.115, any responsibilities, rights, and 
remedies applicable under the HUD dispute resolution program as 
implemented in part 3288 of this chapter continue to apply as provided 
in that part.



Sec. 3286.813  Inclusion in state plan.

    If a state installation program is included in a state plan approved 
in accordance with Sec. 3282.302 of this chapter, the state installation 
program is subject to all of the requirements for such a state plan, 
including annual review by HUD.



PART 3288_MANUFACTURED HOME DISPUTE RESOLUTION PROGRAM--Table of Contents



                            Subpart A_General

Sec.
3288.1  Purpose and scope.
3288.3  Definitions.
3288.5  Retailer notification at sale.

   Subpart B_HUD Manufactured Home Dispute Resolution Program in HUD-
                           Administered States

3288.10  Applicability.
3288.15  Eligibility for dispute resolution.
3288.20  Reporting a defect.
3288.25  Initiation of dispute resolution.
3288.30  Screening of dispute resolution request.
3288.33  Notice of dispute resolution.
3288.35  Mediation.
3288.40  Nonbinding arbitration.
3288.45  HUD review and order.

        Subpart C_Alternative Process in HUD-Administered States

3288.100  Scope and applicability.
3288.105  Time when Alternative Process is available.
3288.110  Alternative Process agreements.

  Subpart D_State Dispute Resolution Programs in Non-HUD-Administered 
                                 States

3288.200  Applicability.
3288.205  Minimum requirements.
3288.210  Acceptance and recertification process.
3288.215  Effect on other manufactured home program requirements.

[[Page 277]]

       Subpart E_Dispute Resolution Program Rulemaking Procedures

3288.300  Applicability.
3288.305  Consultation with the Manufactured Housing Consensus 
          Committee.

    Authority: 42 U.S.C. 3535(d), 5422 and 5424.

    Source: 72 FR 27229, May 14, 2007, unless otherwise noted.



                            Subpart A_General



Sec. 3288.1  Purpose and scope.

    (a) Purpose. The Act is intended, in part, to protect the quality, 
safety, durability, and affordability of manufactured homes. Section 
623(c)(12) of the Act (42 U.S.C. 5422 (c)(12)) requires the 
implementation of ``a dispute resolution program for the timely 
resolution of disputes between manufacturers, retailers, and installers 
of manufactured homes regarding responsibility, and for the issuance of 
appropriate orders, for the correction or repair of defects in 
manufactured homes that are reported during the 1-year period beginning 
on the date of installation.'' The purpose of this part is to provide a 
dispute resolution program for the timely resolution of disputes among 
manufacturers, retailers, and installers regarding the responsibility 
for correction or repair of defects reported by the homeowner or others 
and reported in the 1-year period after the first installation of the 
manufactured home.
    (b) Scope--(1) Applicability. In carrying out this purpose, it is 
presumed that if a manufactured home contains an alleged defect that is 
reported in the first year after installation and was not caused by the 
homeowner, then the manufacturer, retailer, or installer is responsible 
for the alleged defect and the dispute resolution process recognized in 
this part is an appropriate means for resolving disputes about 
responsibility for correction and repair of the alleged defect. For 
purposes of the dispute resolution process recognized in this part, only 
alleged defects reported in the first year after the first installation 
are covered by the process. The state where the home is sited determines 
whether the HUD Manufactured Home Dispute Resolution Program or a state 
program applies. Subpart A of this part establishes general provisions 
applicable to HUD's implementation of a dispute resolution program as 
required by the Act. Subpart B of this part establishes the HUD 
Manufactured Home Dispute Resolution Program that HUD will administer in 
any state that does not establish a program that complies with the Act 
and been accepted by HUD as provided in subpart D of this part. Subpart 
C of this part provides an Alternative Process for manufacturers, 
retailers, and installers who agree that a homeowner is not responsible 
for the alleged defect to resolve their disputes about responsibility 
for correction or repair outside of the HUD Mediation and Arbitration 
Process under subpart B. Subpart D of this part establishes the minimum 
requirements that must be met by a state applying to implement its own 
dispute resolution program that complies with the Act, and the procedure 
for determining whether the requirements for complying have been met. 
Subpart E of this part establishes special rulemaking procedures that 
apply to the issuance of new regulations that implement the dispute 
resolution requirements set forth in section 623 of the Act (42 U.S.C. 
5422).
    (2) Warranties not affected. This part is not a warranty program and 
the requirements established in this part do not replace the 
manufacturer's or any other warranty program. Such warranty program may 
have its own requirements.



Sec. 3288.3  Definitions.

    The following definitions apply in this part:
    Act means the National Manufactured Housing Construction and Safety 
Standards Act of 1974, 42 U.S.C. 5401-5426.
    Appropriate order means an order issued by HUD or an order that is 
enforceable under state law.
    Date of installation means the date all utilities are connected and 
the manufactured home is ready for occupancy as established, if 
applicable, by a certificate of occupancy, except as follows: if the 
manufactured home has not been sold to the first person purchasing the 
home in good faith for purposes other than resale by the date the home

[[Page 278]]

is ready for occupancy, the date of installation is the date of closing 
under the purchase agreement or sales contract for the manufactured 
home.
    Day means a calendar day.
    Defect means any defect in the performance, construction, 
components, or material of a manufactured home that renders the home or 
any part of the home not fit for the ordinary use for which it was 
intended, including, but not limited to, a defect in the construction, 
safety, or installation of the home. For purposes of state certification 
under Sec. 3288.205, HUD will find it acceptable if the threshold for 
the state's program is functionally equivalent to this definition.
    Dispute resolution provider means a person or entity providing 
dispute resolution services for HUD.
    Homeowner means a person who purchased or leased the manufactured 
home in good faith for purposes other than resale.
    HUD means the U.S. Department of Housing and Urban Development.
    Installer means the person who is retained to engage in, or who 
engages in, the business of directing, supervising, controlling, or 
correcting the initial installation of a manufactured home.
    Manufactured home has the same meaning as the term ``manufactured 
home'' as defined in 24 CFR 3280.2.
    Manufactured Housing Consensus Committee or MHCC means the consensus 
committee established pursuant to section 604(a)(3) of the Act, 42 
U.S.C. 5403(a)(3).
    Party or parties means, individually or collectively, the 
manufacturer, retailer, or installer of a manufactured home in which a 
defect has been reported in accordance with Sec. 3288.20.
    State Administrative Agency means an agency of a state that 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.
    Timely reporting means the reporting of an alleged defect within 1 
year after the date of installation of a manufactured home in accordance 
with Sec. 3288.20.
    Timely resolution means the resolution of disputes among 
manufacturers, retailers, and installers within 120 days of the time a 
request for dispute resolution is made, except that if the defect 
presents an unreasonable risk of injury, death, or significant loss or 
damage to valuable personal property, the resolution must be within 60 
days of the time a request for dispute resolution is made.



Sec. 3288.5  Retailer notification at sale.

    Retailer notice at the time of signing. At the time of signing a 
contract for sale or lease for a manufactured home, the retailer must 
provide the purchaser with a retailer notice. This notice may be in a 
separate document from the sales contract or may be incorporated clearly 
in a separate section on consumer dispute resolution information at the 
top of the sales contract. The notice must include the following 
language:

    The U.S. Department of Housing and Urban Development (HUD) 
Manufactured Home Dispute Resolution Program is available to resolve 
disputes among manufacturers, retailers, or installers concerning 
defects in manufactured homes. Many states also have a consumer 
assistance or dispute resolution program. For additional information 
about these programs, see sections titled ``Dispute Resolution Process'' 
and ``Additional Information--HUD Manufactured Home Dispute Resolution 
Program'' in the Consumer Manual required to be provided to the 
purchaser. These programs are not warranty programs and do not replace 
the manufacturer's, or any other person's, warranty program.



   Subpart B_HUD Manufactured Home Dispute Resolution Program in HUD-
                           Administered States



Sec. 3288.10  Applicability.

    The requirements of the HUD Manufactured Home Dispute Resolution 
Program established in this subpart B apply in each state that does not 
establish a state dispute resolution program that complies with the Act 
and has been accepted by HUD as provided in subpart D of this part.



Sec. 3288.15  Eligibility for dispute resolution.

    (a) Initiation of actions. Manufacturers, retailers, and installers 
of manufactured homes are eligible to initiate

[[Page 279]]

and participate in the HUD Manufactured Home Dispute Resolution Program. 
Homeowners may initiate action under, and be observers to, the HUD 
Manufactured Home Dispute Resolution Program.
    (b) Eligible disputes. Only disputes concerning alleged defects that 
have been reported to the manufacturer, retailer, installer, HUD, or a 
State Administrative Agency within 1 year after the date of the first 
installation of the manufactured home are eligible for resolution 
through the HUD Manufactured Home Dispute Resolution Program. The 
eligible dispute includes the defect alleged in a timely report and any 
related issues.



Sec. 3288.20  Reporting a defect.

    (a) Making a report. To preserve the right to request dispute 
resolution through HUD, alleged defects must be reported to the 
manufacturer, retailer, installer, HUD, or a State Administrative 
Agency. An alleged defect may be reported by a homeowner, manufacturer, 
retailer, or installer.
    (b) Form of report. It is recommended that alleged defects be 
reported in writing, including, but not limited to, e-mail, written 
letter, certified mail, or fax. The existence of an alleged defect may 
also be reported by telephone.
    (c) Content of report. No particular form or format is required to 
report an alleged defect, but any such report must, at a minimum, 
include a description of the alleged defect, the name of homeowner, and 
the address of the home.
    (d) Record of report--(1) To evidence timeliness. To establish 
timely reporting, the report of an alleged defect that is made to the 
manufacturer, retailer, installer, or a State Administrative Agency of 
the manufactured home should be done in a manner that will create a 
dated record of the report that demonstrates that the report was made 
within 1 year after the date of installation; for example, by certified 
mail, fax, or email. Persons who report an alleged defect by telephone 
should make a contemporaneous note of the telephone call, including 
date, time, the name of the person who received the report, the name of 
the business contacted, and the telephone number called. If the matter 
goes to arbitration, the arbitrator and HUD will review whether there is 
sufficient evidence to believe the report was made on a timely basis.
    (2) Obligation to retain. Each report of a defect, including logs of 
telephonic complaints, received by a manufacturer, retailer, a State 
Administrative Agency or installer, must be maintained for 3 years from 
the date of receipt.
    (e) Reports made to a State Administrative Agency. Reports of 
defects in the manufactured home that are made in the first year after 
its installation can be sent to the appropriate State Administrative 
Agency. Contact information about a State Administrative Agency is 
available at http://www.hud.gov. Contact the appropriate State 
Administrative Agency to determine the method for making the report.
    (f) Reports made to HUD. Reports of alleged defects in the 
manufactured home that are made in the first year after its installation 
can be sent to HUD. The report to HUD may be made using any of the 
following methods:
    (1) In writing at: HUD, Office of Regulatory Affairs and 
Manufactured Housing, Attn: Dispute Resolution, 451 Seventh Street, SW., 
Washington, DC 20410-8000;
    (2) By telephone at: (202) 708-6423 or (800) 927-2891;
    (3) By fax at: (202) 708-4213; or
    (4) By e-mail at [email protected].
    (g) Effect of report. The reporting of an alleged defect does not 
initiate the HUD Manufactured Home Dispute Resolution Program, but only 
establishes whether the requirement of timely reporting in accordance 
with Sec. 3288.15(b) has been met. The HUD Manufactured Home Dispute 
Resolution Process is initiated when a request for dispute resolution is 
submitted to HUD in accordance with Sec. 3288.25.



Sec. 3288.25  Initiation of dispute resolution.

    (a) Preliminary effort. HUD strongly encourages the homeowner or 
party reporting an alleged defect to seek to resolve the dispute 
directly with any manufacturer, retailer, or installer

[[Page 280]]

that the person reporting the defect believes to be responsible before 
initiating the HUD dispute resolution process.
    (b) Request for dispute resolution. Any of the parties or the 
homeowner may initiate the HUD Manufactured Home Dispute Resolution 
Program at any time after an alleged defect has been reported, by 
requesting dispute resolution, as follows:
    (1) By mailing, e-mailing, or otherwise delivering a written request 
for dispute resolution to the dispute resolution provider at the address 
or e-mail address provided either at http://www.hud.gov, or by 
contacting HUD's Office of Regulatory Affairs and Manufactured Housing 
at (202) 708-6423 or (800) 927-2891;
    (2) By faxing a request for dispute resolution to the fax number 
provided either at http://www.hud.gov, or by contacting HUD's Office of 
Regulatory Affairs and Manufactured Housing at (202) 708-6423 or (800) 
927-2891; or
    (3) By telephoning a request for dispute resolution to the number 
provided either at http://www.hud.gov, or by contacting HUD's Office of 
Regulatory Affairs and Manufactured Housing at (202) 708-6423 or (800) 
927-2891.
    (c) Requested information. The dispute resolution provider will 
request at least the following information when a person seeks to 
initiate dispute resolution under the HUD Manufactured Home Dispute 
Resolution Program:
    (1) The name, address, and contact information of the homeowner;
    (2) The name and contact information of the manufacturer, retailer, 
and installer of the manufactured home, to the extent available;
    (3) The date the report of the alleged defect was made;
    (4) The name and contact information of the recipient or recipients 
of the report of the alleged defect;
    (5) The date of installation of the manufactured home affected by 
the alleged defect; and
    (6) A description of the alleged defect.



Sec. 3288.30  Screening of dispute resolution request.

    (a) Review for sufficiency. When the request for dispute resolution 
has been received by the dispute resolution provider, a screening 
neutral will review the sufficiency of the information provided in the 
request for dispute resolution and determine if the dispute resolution 
process should proceed. If the screening neutral determines that a 
defect is properly alleged and timely reported, notice of the request 
will be forwarded, as provided in Sec. 3288.33, to the manufacturer, 
retailer, and installer, as appropriate and to the extent the 
appropriate parties can be identified based on the information in the 
request.
    (b) Insufficient information. If a request for dispute resolution is 
lacking any information necessary to determine if the dispute resolution 
process should proceed, the screening neutral will contact the requester 
or the parties about supplementing the initial request. If information 
necessary to qualify the matter for the HUD Manufactured Home Dispute 
Resolution Program is not received within a reasonable time established 
by the screening neutral, the request for dispute resolution will be 
considered withdrawn.
    (c) Denial of a dispute. Denial by all of the parties that there is 
a dispute does not preclude the dispute resolution process from going 
forward to mediation. A screening neutral's determination that a defect 
is properly alleged is prima facie evidence of a dispute. If the defect 
has not been corrected or repaired, the matter will be referred to 
mediation.
    (d) Determination of unreasonable risk. If the screening neutral 
determines there is sufficient documentation of an alleged defect 
presenting an unreasonable risk of injury or death, he or she will send 
a copy of the request to HUD.



Sec. 3288.33  Notice of dispute resolution.

    (a) Once the screening neutral determines that a defect is properly 
alleged and timely reported, notice about the request will be forwarded 
to the parties by overnight delivery, commercial carrier, or fax.
    (b) If the parties have not initiated the Alternative Process in 
accordance with Sec. 3288.105 of this part within 7 days of the 
screening neutral's notification, the screening neutral will refer the 
matter to mediation.

[[Page 281]]



Sec. 3288.35  Mediation.

    (a) Mediator. The dispute resolution provider will provide for the 
selection of a mediator. The selected mediator will not be the person 
who screened the dispute resolution request. The selected mediator will 
mediate the dispute and attempt to facilitate a settlement. If a party 
identifies any other party that should be included in the mediation, the 
mediator will contact the other party and provide information about the 
scheduled mediation meetings.
    (b) Time--(1) For reaching settlement. Except as provided in 
paragraph (b)(2) of this section, the parties are allowed 30 days from 
the commencement of the mediation to reach a mediated settlement. In 
every case, the dispute resolution provider will notify the parties and 
the homeowner, in writing, of the date of the commencement of the 
mediation.
    (2) Alleged defects presenting an unreasonable risk of injury, 
death, or significant loss or damage to valuable personal property. For 
mediations involving alleged defects that appear to present an 
unreasonable risk of injury, death, or significant loss or damage to 
valuable personal property as determined by the screening neutral, the 
parties have a maximum 10 days from the commencement of the mediation to 
reach a settlement.
    (3) For corrective repairs. Unless a longer period is agreed to in 
writing by the parties to the mediated settlement and the homeowner, 
corrective repairs must be completed no later than 30 days after the 
date the settlement agreement is signed by the applicable parties.
    (c) Denial of dispute. During mediation, denial of a dispute by all 
parties without acceptance of responsibility will result in the mediator 
referring the matter to arbitration for determination of the defect and 
responsibility for the defect.
    (d) Written settlement agreement. (1) Upon reaching an agreement, 
the parties will sign a written settlement agreement. The dispute 
resolution provider will forward copies of the agreements with the 
original signatures of the parties to the parties, the homeowner, and to 
HUD.
    (2) Sample agreements will be made available to the parties as 
drafting guidance by the dispute resolution provider.
    (e) Failure of mediation. If mediation is not successful, parties or 
the homeowner may proceed to nonbinding arbitration, as provided in 
Sec. 3288.40 of this part.
    (f) Confidentiality. Except for the report of an alleged defect, any 
request for dispute resolution, and any written settlement agreement, 
all other documents and communications provided in confidence and used 
in the mediation will be confidential, in accordance with the 
Administrative Dispute Resolution Act of 1996 (5 U.S.C. 571 et seq.).



Sec. 3288.40  Nonbinding arbitration.

    (a) When initiated. (1) If, following mediation under Sec. 3288.35, 
the parties fail to reach a settlement, any party or the homeowner may, 
within 15 days of the expiration of the deadline applicable under 
Sec. 3288.35(b), initiate nonbinding arbitration.
    (2) In addition, arbitration may be initiated upon referral by the 
mediator pursuant to Sec. 3288.35(c).
    (b) Written request--(1) Submission to HUD. A written request for 
arbitration must be submitted to the dispute resolution provider. 
Information about the dispute resolution provider and how to make a 
request for dispute resolution will be available at http://www.hud.gov 
or by contacting HUD's Office of Manufactured Housing Programs at (202) 
708-6423 or (800) 927-2891.
    (2) Contents of request. The written request for arbitration must 
include:
    (i) The name and address of the party making the request;
    (ii) A brief description of the alleged defect or a copy of the 
report of the alleged defect; and
    (iii) A copy of the request for dispute resolution.
    (c) Appointment and authority of arbitrator. Upon receipt of the 
request, the dispute resolution provider will select an arbitrator. The 
arbitrator will have the authority to:
    (1) Set hearing dates and deadlines;
    (2) Conduct on-site inspections;
    (3) Issue requests for documentation and information necessary to 
complete the record;

[[Page 282]]

    (4) Dismiss frivolous allegations;
    (5) Make proposed findings, including findings of defect and 
culpability and a disposition recommendation to HUD; and
    (6) Recommend apportionment of the responsibility of paying for or 
providing any correction or repair of the home when recommending that 
culpability be assessed to more than one party.
    (d) Denial of dispute. If the parties deny a dispute exists and the 
arbitrator determines there is a defect, the arbitrator will make a 
determination of responsibility for the defect.
    (e) Notice to parties. The dispute resolution provider will provide 
the parties and the homeowner with a notice setting forth the date, 
place, and time an arbitration is to be held.
    (f) Proceedings. (1) If all parties do not request an in-person 
hearing under paragraph (f)(2) of this section within 5 days of the 
dispute resolution provider's receipt of the request for arbitration, or 
if the arbitrator rejects the request for an in-person hearing, the 
arbitrator may conduct either a record review or a telephonic hearing.
    (2) If any party wants to request an in-person hearing, in which the 
parties or their representatives may personally appear before the 
arbitrator, the arbitrator will consider such a request if it is made by 
all of the parties that are participating in the arbitration. Such an 
in-person hearing will be held at the discretion of the arbitrator, 
after considering appropriate factors, such as cost.
    (g) Effect on nonparticipating parties. If a party chooses not to 
participate in the arbitration, the process will continue without 
further input from that party. In such a case, the arbitrator may rely 
on the record developed through the arbitration to find a 
nonparticipating party responsible for correction or repair of a defect.
    (h) Completion of arbitration. (1) Unless an extension is granted 
for good cause by HUD, the arbitrator, within 21 days of the dispute 
resolution provider's receipt of the request for arbitration, the 
arbitrator will complete the arbitration process and provide HUD with 
all background information used during the arbitration and with a 
written, nonbinding recommendation as to which party or parties are 
responsible for the defect, and what corrective actions should be taken.
    (2) Unless an extension is granted for good cause by HUD, the 
arbitrator, within 21 days of the dispute resolution provider's receipt 
of the request for arbitration, will provide the parties with a copy of 
the nonbinding recommendation that was delivered to HUD, in accordance 
with Sec. 3288.40(h)(1).
    (i) Settlement offers. At any time before HUD issues a final order, 
the parties may submit to HUD a proposal to resolve the dispute.



Sec. 3288.45  HUD review and order.

    (a) Appropriate order. HUD will review the arbitrator's 
recommendation provided in accordance with Sec. 3288.40(h), any 
settlement offers presented by the parties in accordance with 
Sec. 3288.40(i), and the information gathered during the arbitration, 
and will issue an appropriate order in which HUD may accept, modify, or 
reject the recommendations. HUD will forward a copy of the order to the 
arbitrator and to each of the parties and the homeowner, whether or not 
a party chose to participate in the arbitration.
    (b) Contents of order. If HUD finds that a defect exists, the order 
will include the following:
    (1) Assignment of responsibility for the correction and repair of 
all defects and associated costs; and
    (2) If the manufacturer, retailer, or installer is responsible for 
corrective action, a date by which the correction and repair of each 
defect must be completed, taking into consideration the seriousness of 
the defect.
    (c) Failure to comply. Failure to comply with an order issued by HUD 
is a violation of section 610(a)(5) of the Act (42 U.S.C. 5409(a)(5)).



        Subpart C_Alternative Process in HUD-Administered States



Sec. 3288.100  Scope and applicability.

    The requirements of this subpart C may be followed in lieu of the 
requirements of subpart B of this part to resolve disputes among 
manufacturers,

[[Page 283]]

retailers, and installers of manufactured homes in any state where 
subpart B of this part would otherwise apply. In limited circumstances, 
this subpart C permits manufacturers, retailers, and installers of 
manufactured homes to use neutrals of their choosing to resolve disputes 
concerning alleged defects in manufactured homes.



Sec. 3288.105  Time when Alternative Process is available.

    (a) The Alternative Process may be invoked after an alleged defect 
has been reported, pursuant to Sec. 3288.15(b). However, the Alternative 
Process may not be invoked more than 7 days after notification of a 
request for dispute resolution has been received by all of the parties. 
The notification must be delivered by overnight delivery, commercial 
carrier, or fax by the screening neutral, in accordance with 
Sec. 3288.30. If within 7 days of the receipt of notification, the 
Alternative Process is not initiated, the screening neutral will refer 
the matter to the mediator. Once the Alternative Process is invoked, 
neither the parties nor the homeowner may invoke the Mediation and 
Arbitration Process in the HUD Manufactured Home Dispute Resolution 
Program for 30 days.
    (b) No particular form or format is required to provide notification 
for the Alternative Process, but the party or parties submitting the 
notification must include a statement from the parties participating in 
the Alternative Process stating that the homeowner is not responsible 
for the alleged defect and that one or more of the parties will correct 
or repair the defect. All required agreements are set forth in 
Sec. 3288.110 of this part. The parties must also make reasonable 
efforts to include the following information in the notification:
    (1) Identification of the case; and
    (2) Identification of the parties participating in the Alternative 
Process.
    (c) The screening neutral will notify the parties if the case is 
referred to the Alternative Process for resolution.



Sec. 3288.110  Alternative Process agreements.

    (a) Required agreement. To use the Alternative Process, the 
manufacturer, retailer, and installer of the manufactured home at issue, 
as appropriate, must agree:
    (1) That there is a defect in the manufactured home;
    (2) That the manufacturer, retailer, or installer is responsible for 
the defect;
    (3) That the homeowner is not responsible for the defect;
    (4) To engage a neutral to evaluate the dispute and make an 
assignment of responsibility for correction and repair; and
    (5) To notify the homeowner of, and allow the homeowner to be 
present at, any meetings and to inform the homeowner of the outcome.
    (b) Additional element of agreement. In addition, the parties should 
agree to act upon the neutral's assignment of responsibility for 
correction and repair.



  Subpart D_State Dispute Resolution Programs in Non-HUD Administered 
                                 States



Sec. 3288.200  Applicability.

    This subpart D establishes the minimum requirements that must be met 
by a state to implement its own dispute resolution program and therefore 
not be covered by the HUD Manufactured Home Dispute Resolution Program 
established in accordance with subpart B. The subpart also establishes 
the procedure for determining whether the state dispute resolution 
program meets the requirements of the Act for operating in lieu of the 
HUD Manufactured Home Dispute Resolution Program.



Sec. 3288.205  Minimum requirements.

    (a) List of requirements. The HUD Manufactured Home Dispute 
Resolution Program will not be implemented in any state that complies 
with the procedures of this subpart D and that has a dispute resolution 
program that provides for the following minimum requirements:
    (1) The timely resolution of disputes among manufacturers, 
retailers, or installers regarding responsibility for correction and 
repair of defects in manufactured homes;

[[Page 284]]

    (2) The issuance of appropriate orders for correction and repair of 
defects in such homes;
    (3) A coverage period for disputes that includes at least defects 
that are reported within 1 year after the date of first installation; 
and
    (4) Adequate funding and personnel.
    (b) Applicability to programs in state plans. (1) In order to 
include a dispute resolution program in a state plan that on February 8, 
2008 is fully or conditionally approved under Sec. 3282.302 of this 
chapter, a state must amend its state plan to provide for the 
requirements of paragraphs (a)(1) through (3) of this section.
    (2) After February 8, 2008, a state that submits a state plan for 
approval in accordance with Sec. 3282.302 of this chapter must provide 
for the requirements of paragraphs (a)(1) through (3) of this section in 
its state plan.



Sec. 3288.210  Acceptance and recertification process.

    (a) Submission of certification. A state seeking HUD acceptance of 
its state dispute resolution program under this subpart must submit to 
HUD a completed Dispute Resolution Certification Form, which is 
available by contacting HUD by telephone at (202) 708-6423 or by e-mail 
at [email protected]. The certification may be submitted as a part of, or 
independent of, a state plan under Sec. 3282.302 of this chapter. If 
included as part of a state plan, the state does not have to separately 
certify that it meets the requirements of Sec. 3288.205(a)(4).
    (b) HUD review and action. (1) HUD will review the Dispute 
Resolution Certification Form submitted by a state and may contact the 
state to request additional clarification or information as necessary. 
Upon completing its review, HUD will provide the state with notice of 
acceptance, conditional acceptance, or rejection of its dispute 
resolution program.
    (2) A notice of acceptance will include the date of acceptance.
    (3) If HUD rejects a state's dispute resolution program, HUD will 
provide an explanation of what is necessary to obtain full acceptance. A 
revised Dispute Resolution Certification Form may be submitted within 30 
days of receipt of such notification. If the revised Dispute Resolution 
Certification Form is inadequate or if the state fails to resubmit 
within the 30-day period or otherwise indicates that it does not intend 
to change its Dispute Resolution Certification Form, HUD will notify the 
state that its dispute resolution program is not accepted and that it 
has a right to a hearing on the rejection using the procedures set forth 
under subpart D of part 3282 of this chapter.
    (c) Conditional acceptance. A state meeting three of the four 
minimum requirements set forth under Sec. 3288.205(a)(1) through (4) 
will be conditionally accepted by HUD. If HUD conditionally accepts a 
state's dispute resolution program, HUD will provide an explanation of 
what is necessary to obtain full acceptance. A revised Dispute 
Resolution Certification Form may be submitted within 30 days of receipt 
of such notification. Any state conditionally accepted will be permitted 
to implement its own dispute resolution program for a period of not more 
than 3 years, absent extension of this period by HUD.
    (d) Revocation. If HUD becomes aware at any time that a state no 
longer meets the minimum requirements set forth under Sec. 3288.205, HUD 
may revoke acceptance of the state's certification after an opportunity 
for a hearing, using the procedures set forth under subpart D of part 
3282.
    (e) Recertification of a program not included in state plan. Except 
as provided in paragraph (f), to maintain its accepted status, a state 
whose program is not included in an approved or conditionally approved 
state plan must submit a current Dispute Resolution Certification Form 
to HUD for review and acceptance as follows:
    (1) Every 3 years within 90 days of the day and month of the most 
recent date of HUD's acceptance of the state's program or
    (2) Whenever there is a significant change to the program.
    (f) Inclusion in state plan. If a state dispute resolution program 
is part of a state plan, it will be reviewed annually as part of the 
state plan and separate recertification of the state's dispute 
resolution program is not required.

[[Page 285]]



Sec. 3288.215  Effect on other manufactured home program requirements.

    A state with an accepted dispute resolution program will operate in 
lieu of HUD's Manufactured Home Dispute Resolution Program established 
under subpart B of this part 3288. A state dispute resolution program, 
even if it is an accepted dispute resolution program under this part, 
does not supersede the requirements applicable to any other aspect of 
HUD's manufactured home program. Any responsibilities, rights, and 
remedies applicable under the Manufactured Home Construction and Safety 
Standards in part 3280 of this chapter and the Manufactured Home 
Procedural and Enforcement Regulations in part 3282 of this chapter 
continue to apply as provided in those parts in all states.



       Subpart E_Dispute Resolution Program Rulemaking Procedures



Sec. 3288.300  Applicability.

    This subpart establishes special regulatory procedures for issuing 
or revising dispute resolution program regulations as codified in this 
part.



Sec. 3288.305  Consultation with the Manufactured Housing Consensus
Committee.

    HUD will seek input from the MHCC when revising the HUD Manufactured 
Home Dispute Resolution Program regulations in this part 3288. Before 
publication of a proposed rule to revise these regulations, HUD will 
provide the MHCC with an opportunity to comment on such revision. The 
MHCC may send to HUD any of the MHCC's own recommendations to adopt new 
dispute resolution program regulations or to modify or repeal any of the 
regulations in this part. Along with each recommendation, the MHCC must 
set forth pertinent data and arguments in support of the action sought. 
HUD will either: accept or modify the recommendation and publish it for 
public comment in accordance with section 553 of the Administrative 
Procedure Act (5 U.S.C. 553), along with an explanation of the reasons 
for any such modification; or reject the recommendation entirely, and 
provide to the MHCC a written explanation of the reasons for the 
rejection. This section does not supersede section 605 of the National 
Manufactured Housing Construction and Safety Standards Act of 1974 (42 
U.S.C. 5404).

                       PARTS 3289	3799 [RESERVED]



PART 3800_INVESTIGATIONS IN CONSUMER REGULATORY PROGRAMS
--Table of Contents



Sec.
3800.10  Scope of rules.
3800.20  Subpoenas in investigations.
3800.30  Subpoena enforcement in district court.
3800.40  Investigational proceedings.
3800.50  Rights of witnesses in investigational proceedings.
3800.60  Settlements.

    Authority: 12 U.S.C. 2601 et seq.; 15 U.S.C. 1714; 42 U.S.C. 3535(d) 
and 5413.

    Source: 61 FR 10441, Mar. 13, 1996, unless otherwise noted.



Sec. 3800.10  Scope of rules.

    This part applies to investigations and investigational proceedings 
undertaken by the Secretary, or the Secretary's designee, pursuant to 
the following:
    (a) The Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701 et 
seq.;
    (b) The National Manufactured Housing Construction and Safety 
Standards Act of 1974, 42 U.S.C. 5401 et seq.; and
    (c) The Real Estate Settlement Procedures Act of 1974, 12 U.S.C. 
2601 et seq.



Sec. 3800.20  Subpoenas in investigations.

    (a) The Secretary may issue subpoenas relating to any matter under 
investigation. A subpoena may:
    (1) Require testimony to be taken by interrogatories;
    (2) Require the attendance and testimony of witnesses at a specific 
time and place;
    (3) Require access to, examination of, and the right to copy 
documents; and
    (4) Require the production of documents at a specific time and 
place.
    (b) A subpoenaed person may petition the Secretary or the 
Secretary's designee to modify or withdraw a subpoena by filing the 
petition within 10 days after service of the subpoena. The petition may 
be in letter form, but

[[Page 286]]

must set forth the facts and law upon which the petition is based.



Sec. 3800.30  Subpoena enforcement in district court.

    In the case of contumacy of a witness or a witness's refusal to obey 
a subpoena or order of the Secretary, the United States district court 
for the jurisdiction in which an investigation is carried on may issue 
an order requiring compliance with the subpoena. HUD headquarters in 
Washington, DC, is one of the locations in which the Secretary carries 
on investigations of its consumer regulatory programs.



Sec. 3800.40  Investigational proceedings.

    (a) For the purpose of hearing the testimony of witnesses and 
receiving documents and other data relating to any subject under 
investigation, the Secretary, or the Secretary's designee, may conduct 
an investigational proceeding.
    (b) The Secretary, or the Secretary's designee, (``presiding 
official'') shall preside over the investigational proceeding. The 
proceeding shall be stenographically or mechanically reported. A 
transcript shall be a part of the record of the investigation.
    (c) Unless the presiding official determines otherwise, 
investigational proceedings shall be public.
    (d) The presiding official shall take all necessary action to 
regulate the course of the proceeding to avoid delay and to maintain 
order. If necessary to maintain order, the presiding official may 
exclude a witness or counsel from a proceeding. The Department may also 
take further action as permitted by statute.



Sec. 3800.50  Rights of witnesses in investigational proceedings.

    (a) Any person who testifies at a public investigational proceeding 
shall be entitled, on payment of costs, to purchase a copy of a 
transcript of the testimony the person provided.
    (b) In a nonpublic investigational proceeding, the presiding 
official may for good cause limit a witness to an inspection of the 
official transcript of that witness's testimony.
    (c) Any person subpoenaed to appear at an investigational proceeding 
may be represented by counsel as follows:
    (1) With respect to any question asked of a witness, a witness may 
obtain confidential advice from counsel;
    (2) If a witness refuses to answer a question, counsel for the 
witness may briefly state the legal grounds for the refusal;
    (3) Counsel for the witness may object to a question or a request 
for production of documents that is beyond the scope of the 
investigation or for which a privilege of the witness to refuse to 
answer may be invoked. In so doing, counsel for the witness may state 
briefly the grounds for the objection. Objections will be deemed 
continuing throughout the course of the proceeding. Repetitious or 
cumulative statements of an objection or the grounds for an objection 
are unnecessary and impermissible; and
    (4) After the Department's examination of a witness, counsel for the 
witness may request that the witness be permitted to clarify any answers 
to correct any ambiguity, equivocation, or incompleteness in the 
witness's testimony. The decision to grant or deny this request is 
within the sole discretion of the presiding official.



Sec. 3800.60  Settlements.

    (a) At any time during an investigation, the Department and the 
parties subject to an investigation may conduct settlement negotiations.
    (b) When the Secretary or Secretary's designee deems it appropriate, 
the Department may enter into a settlement agreement.

                       PARTS 3801	3899 [RESERVED]

[[Page 287]]



  CHAPTER XXIV--BOARD OF DIRECTORS OF THE HOPE FOR HOMEOWNERS PROGRAM 
                               [RESERVED]




  --------------------------------------------------------------------
                                                                        
  

          PARTS 4000-4099 [RESERVED]

[[Page 289]]



           CHAPTER XXV--NEIGHBORHOOD REINVESTMENT CORPORATION




  --------------------------------------------------------------------
Part                                                                Page
4100            Organization and channeling of functions....         291
4101-4199

  [Reserved]

[[Page 291]]



PART 4100_ORGANIZATION AND CHANNELING OF FUNCTIONS--Table of Contents



Sec.
4100.1  Functions and activities.
4100.2  General organization.
4100.3  Field activities.
4100.4  Inquiries.

    Authority: Title VI, Pub. L. 95-557, 92 Stat. 2115 (42 U.S.C. 8101 
et seq.); as amended by sec. 315, Pub. L. 96-399, 94 Stat. 1645; sec. 
710, Pub. L. 97-320, 96 Stat. 1544; and sec. 520, Pub. L. 100-242, 101 
Stat. 1815.

    Source: 49 FR 12700, Mar. 30, 1984, unless otherwise noted.



Sec. 4100.1  Functions and activities.

    (a) General statement. The Neighborhood Reinvestment Corporation 
(referred to in this part as the Corporation) was established by 
Congress in the Neighborhood Reinvestment Corporation Act (title VI of 
the Housing and Community Development Amendments of 1978, Pub. L. 95-
557, October 31, 1978). The Corporation is not a department, agency, or 
instrumentality of the Federal Government.
    (b) The Corporation is authorized to receive and expend Federal 
appropriations and other public and private revenues to conduct a 
variety of programs designed primarily to revitalize older urban 
neighborhoods by mobilizing public, private, and community resources at 
the neighborhood level. These programs include:
    (1) Neighborhood Housing Services. The major effort of the 
Corporation is to assist local communities in the development, expansion 
and provision of technical services to local Neighborhood Housing 
Services (NHS) programs. NHS programs are based upon partnerships of 
community residents, and representatives of local governments and 
financial institutions. Each local program is administered by an 
autonomous, private, non-profit corporation, and conducts a 
comprehensive revitalization effort in locally selected neighborhoods. 
Services to neighborhood residents include rehabilitation counseling, 
construction assistance, financial counseling, loan referrals and loans 
at flexible rates and terms to homeowners who do not meet private 
lending criteria. Programs and strategies to remove blighting 
influences, obtain improved public services and amenities, and improve 
the neighborhood's image and the functioning of its real estate market 
are also undertaken. To insure the continuing effectiveness of NHS 
programs, the Corporation provides grants, training, information and 
technical services to NHS programs.'
    (2) Mutual Housing Associations. The Corporation also supports the 
organizational development of, and provides technical assistance to, 
Mutual Housing Associations. Mutual Housing Associations are private, 
nonprofit organizations which own, manage and continually develop 
affordable housing. Mutual Housing residents are members of the 
Association which owns and manages their buildings; thus they enjoy the 
security of long-term housing tenure. Mutual Housing developments are 
capitalized through up-front grants and mortgages in a combination that 
ensures permanent affordability to low- and moderate-income families. 
Monthly housing charges to residents are kept at affordable levels on a 
continuing basis. A key element of Mutual Housing is the Association's 
commitment to use all resources in excess of operating and maintenance 
costs for the production of additional units. A Mutual Housing 
Association's board of directors includes current member-residents, 
potential residents, and representatives from the community, local 
government and business. Residents and community members make up the 
majority on the board. A highly qualified professional staff, employed 
by the Mutual Housing Association, carries out the day-to-day activities 
of the organization. In addition to creating new affordable housing 
opportunities, Mutual Housing Associations offer a creative alternative 
for subsidized rental housing developments whose subsidies are scheduled 
to expire.
    (3) Neighborhood preservation projects. The Corporation identifies, 
monitors, evaluates and supports through demonstration grants and 
technical assistance other promising neighborhood preservation 
strategies based on local, public-private partnerships.

[[Page 292]]

    (4) Programmatic supplements. Proven, replicable programmatic tools 
are offered as broadly as resources permit. Often, these selected 
strategies are supported by Neighborhood Reinvestment grants. The 
Corporation's major programmatic supplements include the following:
    (i) Neighborhood economic development and commercial revitalization 
strategies. The Corporation's neighborhood economic development and 
commercial revitalization strategies offer NHSs a variety of tools 
designed to stabilize and enhance the economic base of NHS 
neighborhoods. They complement NHSs' revitalization mission by focusing 
the energies and resources of the partnership on the economic issues 
underlying neighborhood decline. Neighborhood economic development and 
commercial revitalization assures a viable neighborhood economy by 
strengthening small businesses and improving the physical environment of 
the area, thus providing additional goods, services, and employment 
opportunities for the community.
    (ii) Housing Development Strategies. The Corporation's Housing 
Development Strategies program addresses the shortage of affordable, 
quality housing available to low to moderate income families in NHS 
neighborhoods, as well as the blighting effect of vacant lots and 
substandard properties. Home ownership opportunities are created through 
the planning and implementation of a variety of housing mechanisms by 
the NHS, which are intended to reverse negative real estate market 
trends, enhance new residential growth, and create renewed neighborhood 
pride. The mechanisms being used to achieve these goals include the 
following.
    (A) The Owner Built Housing program is a supervised housing 
construction process that helps moderate-income homeowners to 
collectively build their own homes. The NHS provides technical 
assistance while private lenders and public bodies providing financing.
    (B) The Owner Rehab Housing program assists low to moderate income 
families in collectively rehabilitating existing blighted and vacant 
structures.
    (C) The Infill Housing program provides a mechanism for assisting 
NHSs in building new units on vacant land to meet the needs of 
prospective lower income homeowners.
    (D) The Urban Subdivisions program focuses on providing low cost, 
new housing for low-to-moderate income families on tracts of land 
suitable for the construction of 20 or more units.
    (iii) Problem properties strategies. This program assists NHSs in 
addressing specific problem areas beyond the scope of basic NHS services 
and typical financial resources. Through the implementation of various 
problem properties strategies, NHS programs are able to assist tenants 
to purchase, improve the physical condition of target blocks, eliminate 
vacant neighborhood eyesores, develop housing and service facilities for 
special populations, and stimulate private reinvestment and new 
conventional mortgages in the NHS community.
    (5) Apartment Improvement Program. The goal of the Apartment 
Improvement Program is to provide an effective, economical means of 
revitalizing and preserving neighborhoods with multi-family housing for 
the benefit of the current residents. The program is based upon a 
partnership of tenants and community representatives, property owners 
and managers, financial institutions and local government. The program 
assists in the development of an individually tailored improvement plan 
of activities from which each building may benefit, including tenant 
participation, tax assessment reviews, and increased investment or 
restructured mortgages to improve the economic viability of the 
buildings and to finance improvements.
    (6) Neighborhood Housing Services of America. The Corporation also 
supports Neighborhood Housing Services of America (NHSA), an 
independent, private, non-profit corporation which provides a variety of 
services to local NHS programs, including a secondary market for NHS 
revolving loan fund loans, and the strengthening of private sector 
resources available to the network of local NHSs.

[49 FR 12700, Mar. 30, 1984, as amended at 54 FR 13061, Mar. 30, 1989]

[[Page 293]]



Sec. 4100.2  General organization.

    (a) The Board of Directors. (1) The Corporation is under the 
direction of a Board of Directors composed of six members: the Chairman 
of the Federal Home Loan Bank Board or a member of the Federal Home Loan 
Bank Board designated by the Chairman; the Secretary of Housing and 
Urban Development; the Chairman of the Board of Governors of the Federal 
Reserve System, or a member of the Board of Governors of the Federal 
Reserve System designated by the Chairman; the Chairman of the Federal 
Deposit Insurance Corporation or the appointive member of the Board of 
Directors of the Federal Deposit Insurance Corporation if so designated 
by the Chairman; the Comptroller of the Currency; and the Chairman of 
the National Credit Union Administration, or a member of the Board of 
the National Credit Union Administration designated by the Chairman. 
Members of the Board serve without additional compensation. The Board 
elects from among its members a Chairman and Vice-Chairman. The Bylaws 
of the Corporation provide for the creation of an Audit Committee, and 
such other committees as the Board may from time to time establish.
    (2) The Board holds an Annual Meeting each year during the month of 
May (or as the Bylaws or the Board may specify). The Board also holds 
regular meetings at least quarterly and special meetings as required. 
The meetings of the Board are conducted in accordance with provisions of 
the Neighborhood Reinvestment Corporation Act, the Government in the 
Sunshine Act (5 U.S.C. 552b), the Corporation's Bylaws, and when not 
inconsistent with the foregoing, with Robert's Rules of Order. Every 
portion of every meeting of the Board is open to public observation 
except as provided by the Government in the Sunshine Act. Interested 
members of the public may attend such meetings, but may not participate 
therein unless invited or permitted to do so by the Board.
    (3) The Secretary of the Corporation, in consultation with the 
Corporation's General Counsel, is responsible for taking such steps as 
are required to ensure the Corporation's compliance with the Government 
in the Sunshine Act, as that Act may be amended from time to time. 
Consistent with this responsibility, the Secretary of the Corporation 
provides to the Communications Department at the principal office of the 
Corporation such records as the Act requires to be made available to the 
public for access during regular office hours on regular business days.
    (b) The Officers. (1) The officers of the Corporation are the 
Executive Director, the Deputy Executive Director, the Secretary, the 
Treasurer, and such other officer positions as the Board may, in 
consultation with the Executive Director, create. The Board elects the 
officers of the Corporation annually.
    (2) The Neighborhood Reinvestment Corporation Act provides that the 
Executive Director shall serve as the chief executive officer of the 
Corporation. Consistent with that authority, the Corporation's Bylaws 
provide that the Executive Director shall have the responsibility and 
authority for the day-to-day administration of the affairs of the 
Corporation under the general supervision of the Board. The Board 
periodically reviews the activities of the Executive Director and, from 
time to time, provides guidance and policy direction to the Executive 
Director in the exercise of his or her authority.
    (3) The responsibilities and authorities of the other officers of 
the Corporation are set forth in the Corporation's Bylaws, resolutions 
and policies adopted by the Board, duties and authorities delegated to 
each officer, other statutes and this statement. (See, for example, the 
Government in the Sunshine Act and paragraph (a)(3) of this section for 
specific duties of the Secretary and General Counsel.)
    (c) Principal office. The Corporation maintains its principal office 
in the District of Columbia. Currently, the principal office is 
maintained at 1325 G Street NW., Suite 800, Washington, DC 20005.

[49 FR 12700, Mar. 30, 1984, as amended at 54 FR 13062, Mar. 30, 1989]



Sec. 4100.3  Field activities.

    The Corporation conducts its field activities from district and 
field offices around the country. District offices

[[Page 294]]

provide coordination of field activities in support of local programs 
within the geographic limits of each district. Field offices within each 
district provide assistance in the development and support of local 
programs. A current directory of all district and field offices can be 
obtained upon request from the Communications Department, Neighborhood 
Reinvestment Corporation, 1325 G Street NW., Suite 800, Washington, DC 
20005.

[49 FR 12700, Mar. 30, 1984, as amended at 54 FR 13061, Mar. 30, 1989]



Sec. 4100.4  Inquiries.

    (a) General. All requests for information, forms, and records should 
be addressed to: Communications Department, Neighborhood Reinvestment 
Corporation, 1325 G Street NW., Suite 800, Washington, DC 20005.
    (b) Applications. Applications for the Corporation's assistance in 
the development of NHS programs and complementary programs and 
strategies, or the support of other promising neighborhood strategies 
are accepted on an ongoing basis. Local governmental or nonprofit 
entities should submit completed applications (forms are available upon 
request), including supportive materials, to the Corporation at the 
address stated in paragraph (a) of this section. The Corporation reviews 
applications to determine their readiness for development or support. 
Promising applications are selected for field reviews. Subject to the 
availability of the Corporation's resources, the Corporation may enter 
into agreements with top ranking applicants to provide financial and 
technical assistance in the development or support of selected programs. 
The application form contains a list of the criteria used for 
determining the readiness and promise of applications.
    (c) Records. (1) The Corporation maintains such records and 
information for public inspection and copying as are required by the 
Freedom of Information Act (5 U.S.C. 552), as that Act may be amended 
from time to time. Records are available for public inspection and 
copying during regular business hours on regular business days at the 
address stated in paragraph (a) of this section. Requests for records 
should be submitted in writing and state the full name and address of 
the person requesting the records and a description of the records or 
other information sought that is reasonably sufficient to permit their 
identification without undue difficulty. A request should be submitted 
sufficiently in advance of the date inspection or copying is desired, 
preferably by mail.
    (2) Although the Corporation finds that the publication of indexes 
of statements of policy and interpretations or administrative staff 
manuals and instructions would be unnecessary and impracticable, such 
information will be made available upon request.
    (d) Fees for providing copies for records. Fees shall be assessed 
pursuant to the Freedom of Information Act (5 U.S.C. 552) in order to 
recover the full allowable direct costs of providing copies of records. 
For purposes of this section, the term direct costs means those 
expenditures which the Corporation actually incurs in searching for and 
duplicating (and in the case of commercial use requesters, reviewing) 
documents to respond to a Freedom of Information Act (``FOIA'') request. 
Direct costs include, for example, the salaries of the employees 
performing the work (the basic rate of pay plus 16 percent of that rate 
to cover benefits) and the cost of operating duplicating equipment. The 
term search includes all time spent looking for material that is 
responsive to a request, including page-by-page or line-by-line 
identification of material within documents. Searches may be done 
manually or by computer using existing programming. The term duplication 
refers to the process of making a copy of a document necessary to 
respond to a FOIA request. Such copies can take the form of paper copy, 
microfilm, audiovisual materials, or machine readable documentation 
(e.g., magnetic tape or disk), among others. The term review refers to 
the process of examining documents located in response to a commercial 
use request to determine whether any portion of any document is 
permitted to be withheld. It also includes processing any documents for 
disclosure, e.g., doing all that is necessary to exise them and 
otherwise prepare them for release. Review does not include time spent 
resolving general

[[Page 295]]

legal or policy issues regarding the application of exemptions. A 
schedule based on these principles is set forth in paragraph (d)(9) of 
this section.
    (1) Categories of requesters. Fees will be assessed according to the 
category of the requester. There are four categories:
    (i) Commercial use requesters. For purposes of this section, the 
term commercial use request refers to a request from or on behalf of one 
who seeks information for a use or purpose that furthers the commercial, 
trade, or profit interests of the requester or the person on whose 
behalf the request is made. In determining whether a requester properly 
belongs in this category, the Corporation will look to the use to which 
the requester will put the documents requested. If the use is not clear 
from the request itself, or if there is reasonable cause to doubt the 
requester's stated use, the Corporation shall seek additional 
clarification before assigning the request to a specific category.
    (ii) Educational and noncommercial scientific institution 
requesters. For purposes of this section, the term educational 
institution refers to a preschool, a public or private elementary or 
secondary school, an institution of graduate higher education, an 
institution of undergraduate higher education, an institution of 
professional education, or an institution of vocational education, which 
operates a program or programs of scholarly research. The term 
noncommercial scientific institution refers to an institution that is 
not operated on a commercial basis, as that term is used in paragraph 
(d)(1)(i) of this section, and which is operated solely for the purpose 
of conducting scientific research the results of which are not intended 
to promote any particular product or industry. To be eligible for 
inclusion in this category, requesters must show that the request is 
made as authorized by and under the auspices of a qualifying 
institution, and that the records are not sought for a commercial use, 
but are sought in furtherance of scholarly (if the request is from an 
educational institution) or scientific (if the request is from a 
noncommercial scientific institution) research.
    (iii) Requesters who are representatives of the news media. For 
purposes of this section, the term representative of the news media 
refers to any person actively gathering information for an entity that 
is organized and operated to publish or broadcast news to the public. 
Examples of news media entities include television or radio stations 
broadcasting to the public at large, and publishers of periodicals (but 
only in those instances when they can qualify as disseminators of news) 
who make their products available for purchase or subscription by the 
general public. These examples are not intended to be all-inclusive. In 
the case of freelance journalists, they may be regarded as working for a 
news organization if they demonstrate a solid basis for expecting 
publication through that organization, even though not actually employed 
by it. A publication contract would be the clearest proof, but the 
Corporation may also look at the past publication record of a requester 
in making this determination. To be eligible for inclusion in this 
category, a requester must meet the criteria above, and his or her 
request must not be made for a commerical use. In reference to this 
class of requester, a request for records supporting the news 
dissemination function of the requester shall not be considered to be a 
request that is for a commercial use.
    (iv) All other requesters.
    (2) Limitations on fees to be charged--(i) Commercial use 
requesters. Commercial use requesters shall be assessed the full direct 
costs for searching for, reviewing, and duplicating records, in 
accordance with the fee schedule at paragraph (d)(9) of this section. 
Commercial use requesters are not entitled to the free search time or 
free pages of duplication provided to other categories of requesters.
    (ii) Educational and noncommercial scientific institution 
requesters. Requesters in this category may be assessed fees only for 
duplication of records in excess of the first 100 pages. Requesters in 
this category may not be assessed fees for search or review.
    (iii) Requesters who are representatives of the news media. 
Requesters in this category may be assessed fees only for duplication of 
records in excess of the

[[Page 296]]

first 100 pages. Requesters in this category may not be assessed fees 
for research or review.
    (iv) All other requesters. Requesters who do not fit into any of the 
categories above shall be assessed fees only for searching and 
duplicating records, except that the first 100 pages of duplication and 
the first two hours of search time shall be furnished without charge. 
Requesters in this category may not be assessed fees for review.
    (v) Review of records. Charges will be assessed only for the initial 
review of the located documents and not for time spent at the 
administrative appeal level on an exemption applied at the initial 
determination level. However, where records or portions of records are 
withheld in full under an exemption which is subsequently determined not 
to apply, and these records are reviewed again to determine the 
applicability of other exemptions not previously considered, charges for 
review are properly assessable.
    (vi) Additional copies. The Corporation will normally furnish only 
one copy of any record. The allowance of 100 free pages of duplication 
under paragraphs (d)(2) (ii), (iii), and (iv) of this section shall not 
apply to additional copies furnished at the request of the record 
requester. Full duplication fees shall be assessed for each page of each 
such additional copy.
    (3) Charges for unsuccessful search. Where applicable under 
paragraph (d)(2) of this section search fees may be assessed for time 
spent searching, even if the Corporation fails to locate the records or 
if records located are determined to be exempt from disclosure.
    (4) Notice of anticipated fees in excess of $25.00. Unless the 
person making the request states in his or her initial request that he 
or she will pay all costs regardless of amount, the Corporation will 
notify him or her as soon as possible if there is reason to believe that 
the cost for obtaining access to and/or copies of such records will 
exceed $25. If such notice is given, the time limitations contained in 
the Freedom of Information Act shall not commence until the person 
making the intitial request agrees in writing to pay such cost.
    (5) Advance payments. The Communications Director is authorized to 
require an advance payment of an amount up to the full estimated charges 
whenever he or she determines that:
    (i) The allowable charges that a requester may be required to pay 
are likely to exceed $250 and the requester has no history of payment 
and cannot provide satisfactory assurance that payment will be made; or
    (ii) A requester has previously failed to pay a fee charged in a 
timely manner.

If such a payment is required, the time limitations contained in the 
Freedom of Information Act shall not commence until payment is made.
    (6) Charging interest. The Corporation will assess interest charges 
on any unpaid fees starting on the 31st day following the day on which 
the billing for fees was sent to the requester. Interest will be at the 
rate prescribed in 31 U.S.C. 3717 and will accrue from the date of the 
billing. Receipt of the fee by the Corporation, even if not processed, 
will stay the accrual of interest. Interest is not chargeable for unpaid 
advance payments under paragraph (d)(5) of this section.
    (7) Aggregating requests. A requester may not file multiple requests 
at the same time, each seeking portions of the document or documents, 
solely in order to avoid payment of fees. When the Corporation 
reasonably believes that a requester, or a group of requesters acting in 
concert, is attempting to break a request down into a series of requests 
for the purpose of evading the assessment of fees, the Corporation may 
aggregate any such requests and charge accordingly.
    (8) Waiver or reduction of fee. The Corporation will furnish 
documents without charge or at a reduced charge when it is determined 
that disclosure of the information is in the public interest because it 
is likely to contribute significantly to public understanding of the 
operations or activities of the Corporation and is not primarily in the 
commercial interest of the requester. In making a request for a waiver 
or reduction of fees, a requester should include a clear statement of 
his or her interest in the requested documents: The

[[Page 297]]

proposed use for the documents and whether the requester will derive 
income or other benefit from such use; and a statement of how the public 
will benefit from such use. Determinations concerning waiver or 
reduction of fees shall be made by the Executive Director, or his or her 
designee.
    (9) Schedule of fees. Fees for searching for, reviewing, 
duplicating, and providing records and information of the Corporation 
under this section will be assessed in accordance with the following 
schedule:
    (i) Manual search. For each quarter hour or fraction thereof: $3.37.
    (ii) Computer search. For each quarter hour or fraction thereof: 
$3.37.
    (iii) Review. For each quarter hour or fraction thereof: $4.87.
    (iv) Duplication.
    (A) For a paper photocopy of an existing paper record, $.10 per 
page.
    (B) For duplication of records other than existing paper records 
(such as computer-stored information, audio or video tapes, microfiche 
or microfilm), the fee shall equal the actual direct cost of production 
and duplication of the records or information in a form that is 
reasonably usable by the requester.
    (10) Processing costs. The Communications Director will waive 
payment in instances in which the costs of routine collection and 
processing of the fee are likely to equal or exceed the amount of the 
fee.

[49 FR 12700, Mar. 30, 1984, as amended at 54 FR 50953, Dec. 19, 1989]

                       PARTS 4101	4199 [RESERVED]

[[Page 299]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 301]]



                    Table of CFR Titles and Chapters




                      (Revised as of April 1, 2018)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 302]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)

[[Page 303]]

    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)

[[Page 304]]

     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)

[[Page 305]]

         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 306]]

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)

[[Page 307]]

      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)

[[Page 308]]

        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)

[[Page 309]]

       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)

[[Page 310]]

        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)

[[Page 311]]

      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Parts 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

[[Page 312]]

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)

[[Page 313]]

        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)

[[Page 314]]

        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  (Parts 1100--1199) [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

[[Page 315]]

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]

[[Page 316]]

            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   ii--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)

[[Page 317]]

       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

[[Page 318]]

        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]

[[Page 319]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)

[[Page 320]]

        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 321]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of April 1, 2018)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 322]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Career, Technical and Adult Education, Office of  34, IV
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I
Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I

[[Page 323]]

  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical and Adult Education, Office   34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, 2

[[Page 324]]

  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105

[[Page 325]]

  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
   Secretary
[[Page 326]]

Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Enforcement Bureau, Bureau of        30, II
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  2, XXIX; 5, XLII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
     of
[[Page 327]]

  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VII
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    5, C; 34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI

[[Page 328]]

  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 5, IV; 45, 
                                                  VIII
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of   30, II
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV

[[Page 329]]

Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               2, X;5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI

[[Page 330]]

Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 331]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2013 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2013

24 CFR
                                                                   78 FR
                                                                    Page
Chapter XX
3280.4  Revised....................................................73976
3280.105  (a)(2)(iv) and (b)(2) revised............................73981
3280.111  Revised..................................................73981
3280.113  (b) revised; (c) and (d) added...........................73981
3280.204  (c) revised..............................................73982
3280.207  Redesignated as 3280.208; new section added..............73982
3280.208  Redesignated as 3280.209; new section redesignated from 
        3280.207...................................................73982
3280.209  Redesignated as 3280.210; new section redesignated from 
        3280.208...................................................73982
3280.210  Redesignated from 3280.209...............................73982
3280.301  Revised..................................................73982
3280.304  (b)(1) amended...........................................73982
3280.305  (c)(1)(i), (2)(iv) and (3)(ii) revised...................73983
3280.306  (b)(2)(v) and (g)(2) revised.............................73983
3280.402  Revised; eff. 1-13-14.....................................4065
3280.403  Heading, (a), (c) and (d)(1) revised; (b) redesignated 
        as (b)(1); (b)(2) and (e)(3) added.........................73983
3280.404  (c)(2) revised; (c)(3) added.............................73983
3280.504  (a)(1) amended; (c) redesignated as (d); new (c) added 
                                                                   73984
3280.509  (c) revised..............................................73984
3280.602  Amended..................................................73984
3280.603  (a)(2), (b)(4)(ii) and (iii) revised.....................73985
3280.604  (b)(2) amended...........................................73985
3280.605  (a)(1) through (7) redesignated as (b) through (h); new 
        (h)(i) and (ii) redesignated as (h)(1) and (2); new (h)(1) 
        revised....................................................73985
3280.606  (a)(2) revised...........................................73985
3280.607  (a)(3), (b)(2)(v), (3)(iii), (4)(i), (5)(ii), (c)(6)(i), 
        (ii) and (iii) revised; (b)(3)(v) added....................73985
3280.609  (b)(7) and (8) revised...................................73986
3280.610  (b)(1) and (e) revised...................................73986
3280.611  (b)(1), (d) and (f) revised..............................73986
3280.702  Amended..................................................73987
3280.703  Amended..................................................73987
3280.704  Removed..................................................73987
3280.705  (b)(5) and (d) table added; (f)(1) and (h) revised; 
        section amended............................................73987
3280.706  (j) revised..............................................73988
3280.707  (a)(2), (d)(2) and (f) revised; (d) introductory text 
        added......................................................73988
3280.711  Revised..................................................73989
3280.714  (a)(1) introductory text and (2) amended; (a)(1)(i) and 
        (ii) revised...............................................73989

[[Page 332]]

3280.715(a)(1)  introductory text, (5)(ii), (7) and (d) revised....73989
3280.802  (a)(37) and (39) revised.................................73989
3280.803  (d), (f), (i), (k)(2) and (3) revised....................73990
3280.804  (a), (c), (e) and (f) revised............................73990
3280.805  (a)(1) amended; (a)(2) and (3)(i) revised; (a)(3)(vi) 
        added......................................................73991
3280.806  (b) and (d) introductory text revised; (d)(10) 
        redesignated as (d)(11); new (d)(10) and (g) added.........73991
3280.807  (c) revised..............................................73991
3280.808  (l) removed; (m) through (r) redesignated as (l) through 
        (q); (f), (h), (i) introductory text, (1), (k) and new 
        (o)(2) revised.............................................73991
3280.813  (b) revised..............................................73992
3280.815  (a) revised..............................................73992
3282.7  (c) and (v) revised; (i) and (l) removed; (dd) added.......60199
3282.8  (e) and (j) amended........................................60199
3282.14  (b)(8) and (e) amended....................................60199
3282.52  Revised...................................................60199
3282.204  (e) revised..............................................60199
3282.205  (c) amended..............................................60199
3282.207  (d) amended..............................................60199
3282.208  (a) amended..............................................60199
3282.211  (a)(1) and (2)(i) amended................................60199
3282.251  (a), (b) and (c) amended.................................60199
3282.252  (a) introductory text, (2) and (b) amended...............60199
3282.253  (b) and (c) amended; (a) revised.........................60199
3282.254  Heading, (a), (b) and (c) amended........................60199
3282.255  (a) and (b) amended......................................60199
3282.256  Heading, (a) and (b) amended.............................60199
3282.251--3282.256 (Subpart F)  amended............................60199
3282.302  (b)(13) amended; introductory text, (b)(4), (5)(i) and 
        (ii) revised...............................................60199
3282.303  (a) and (b) amended......................................60199
3282.307  (b)(1) amended...........................................60199
3282.309  (a) revised..............................................60199
3282.353  Introductory text revised................................60199
3282.362  (d)(1) and (4) amended...................................60199
3282.363  Amended..................................................60199
3282.366  Revised..................................................60200
3282.401--3282.418 (Subpart I)  Revised............................60200
3282.552  Amended..................................................60199
3282.554  (b) revised..............................................60208

                                  2014

24 CFR
                                                                   79 FR
                                                                    Page
Chapter X
1710  Removed......................................................34225
1715  Removed......................................................34225
1720  Removed......................................................34226
Chapter XV
2700  Removed......................................................46182
Chapter XX
3280.4  (o)(15) added..............................................31863
3280.604  (b)(2) amended...........................................31863
3280.607  (b)(3)(v) revised........................................31863
3284.5  Revised....................................................47377
3285.5  Amended....................................................53614
3285.402  (a) revised; (b) and (c) redesignated as (c) and (d); 
        new (b) and Appendix added.................................53614
3286.505  (e) revised..............................................53618
3400  Removed......................................................34226
3500  Removed......................................................34226
Chapter XXIV
4000  Removed......................................................41424
4001  Removed......................................................41424

                                  2015

24 CFR
                                                                   80 FR
                                                                    Page
Chapter XX
3280.5  (c) revised................................................53727
3280.305  (k) added................................................53727
3282.7  (kk) redesignated as (ll); new (kk) added..................53727
3282.8  (a) heading revised........................................53727
3282.203  (e) amended..............................................53727
3282.252  (b) revised..............................................53727
3282.361  (c)(4) amended...........................................53727
3282.362  (d)(5) added.............................................53727
3282.552  Revised..................................................53727
3282.601--3282.611 (Subpart M)  Added..............................53727
3285.5  Amended....................................................53731
3285.801  (f)(2) revised...........................................53731

[[Page 333]]

                                  2016

24 CFR
                                                                   81 FR
                                                                    Page
Chapter XX
Chapter XX Policy statement........................................73030
3282  Authority citation revised...................................38936
3282.10  Revised; interim..........................................38936

                                  2017

24 CFR
                                                                   82 FR
                                                                    Page
Chapter XX
3282.10  Revised...................................................24525

                                  2018

   (Regulations published from January 1, 2018, through April 1, 2018)

24 CFR
                                                                   83 FR
                                                                    Page
Chapter XII
2002  Revised.......................................................7391


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