[Title 24 CFR ]
[Code of Federal Regulations (annual edition) - April 1, 2023 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 24
Housing and Urban Development
________________________
Part 1700 to End
Revised as of April 1, 2023
Containing a codification of documents of general
applicability and future effect
As of April 1, 2023
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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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 301
Finding Aids:
Table of CFR Titles and Chapters........................ 313
Alphabetical List of Agencies Appearing in the CFR...... 333
List of CFR Sections Affected........................... 343
[[Page iv]]
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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.
----------------------------
[[Page v]]
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
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To determine whether a Code volume has been amended since its
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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.
[[Page vi]]
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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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
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not dropped in error.
INCORPORATION BY REFERENCE
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established by statute and allows Federal agencies to meet the
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This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
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(a) The incorporation will substantially reduce the volume of
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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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CFR INDEXES AND TABULAR GUIDES
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alphabetical list of agencies publishing in the CFR are also included in
this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
[[Page vii]]
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
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INQUIRIES
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For inquiries concerning CFR reference assistance, call 202-741-6000
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Oliver A. Potts,
Director,
Office of the Federal Register
April 1, 2023
[[Page ix]]
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, 2023.
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.
[[Page 1]]
TITLE 24--HOUSING AND URBAN DEVELOPMENT
(This book contains part 1700 to end)
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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
[[Page 3]]
Subtitle B--Regulations Relating to Housing and Urban Development
(Continued)
[[Page 5]]
CHAPTER X--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING
COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (INTERSTATE
LAND SALES REGISTRATION PROGRAM) [RESERVED]
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PARTS 1700-1799 [Reserved]
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CHAPTER XII--OFFICE OF INSPECTOR GENERAL, DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
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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, Sec. Sec. 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 Sec. Sec. 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
[[Page 10]]
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
[[Page 11]]
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 Sec. Sec. 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 Sec. Sec.
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]
CHAPTER XV_EMERGENCY MORTGAGE INSURANCE AND LOAN PROGRAMS, DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT [RESERVED]
[[Page 25]]
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............................. 148
3284 Manufactured housing program fee............ 214
3285 Model manufactured home installation
standards............................... 214
3286 Manufactured home installation program...... 264
3288 Manufactured home dispute resolution program 287
3289-3799
[Reserved]
3800 Investigations in consumer regulatory
programs................................ 296
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.
3280.114 Stairways.
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.
3280.211 Carbon monoxide alarm requirements.
3280.212 Factory constructed or site-built attached garages.
3280.213 Factory constructed or site-built attached carports.
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.
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.
3280.407 Quality control testing, manuals, facilities, and personnel.
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.
[[Page 30]]
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.
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.
Subpart K_Attached Manufactured Homes and Special Construction
Considerations
3280.1001 Scope.
3280.1002 Definitions.
3280.1003 Attached manufactured home unit separation.
3280.1004 Exterior walls.
3280.1005 Electrical service.
3280.1006 Water service.
Authority: 15 U.S.C. 2697, 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.
Attached accessory building or structure means any awning, cabana,
deck, ramada, storage cabinet, carport, windbreak, garage or porch for
which the attachment of such is designed by the home manufacturer to be
structurally supported by the manufactured home.
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.
[[Page 31]]
Federal manufactured home construction and safety standard means a
reasonable standard for the construction, design, and performance of a
manufactured home which meets the needs of the public including the need
for quality, durability, and safety.
Installations means all arrangements and methods of construction, as
well as fire safety, plumbing, heat-producing and electrical systems
used in manufactured homes.
Labeled means a label, symbol or other identifying mark of a
nationally recognized testing laboratory, inspection agency, or other
organization concerned with product evaluation that maintains periodic
inspection of production of labeled equipment or materials, and by whose
labeling is indicated compliance with nationally recognized standards or
tests to determine suitable usage in a specified manner.
Length of a manufactured home means its largest overall length in
the traveling mode, including cabinets and other projections which
contain interior space. Length does not include bay windows, roof
projections, overhangs, or eaves under which there is no interior space,
nor does it include drawbars, couplings or hitches.
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
[[Page 32]]
knowledge of the mathematical, physical and engineering sciences in such
professional or creative work as consultation, investigation,
evaluation, planning or design and supervision of construction for the
purpose of securing compliance with specifications and design for any
such work.
Secretary means the Secretary of Housing and Urban Development, or
an official of the Department delegated the authority of the Secretary
with respect to title VI of Pub. L. 93-383.
State includes each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal
Zone, and American Samoa.
Width of a manufactured home means its largest overall width in the
traveling mode, including cabinets and other projections which contain
interior space. Width does not include bay windows, roof projections,
overhangs, or eaves under which there is no interior space.
[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 960, Jan. 4, 1977.
Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 47 FR 28092,
June 29, 1982; 58 FR 55002, Oct. 25, 1993; 61 FR 5216, Feb. 9, 1996; 72
FR 27228, May 14, 2007; 86 FR 2516, Jan. 12, 2021]
Sec. 3280.3 Manufactured home procedural and enforcement regulations,
and consumer manual requirements.
(a) A manufacturer must comply with the requirements of this part,
part 3282 of this chapter, and 42 U.S.C. 5416.
(b) Consumer manuals must be in accordance with Sec. 3282.207 of
this chapter.
[86 FR 2516, Jan. 12, 2021]
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. If a later
edition is to be enforced, the Department will publish a notification 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, email [email protected]. 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 information on the availability of
this material at NARA, email [email protected] or go to
www.archives.gov/federal-register/cfr/ibr-locations.html.
(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 Sec. Sec. 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
[[Page 33]]
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
Sec. Sec. 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).
(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 Sec. Sec.
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 Sec. Sec. 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).
[[Page 34]]
(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).
(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 Sec. Sec. 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
Sec. Sec. 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 Sec. Sec. 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 Sec. Sec.
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 Sec. Sec.
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 Sec. Sec. 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).
[[Page 35]]
(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, 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 Sec. Sec. 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 Sec. Sec.
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 Sec. Sec. 3280.508(a), 3280.508(e), and
3280.511(a).
(2) ANSI/ASHRAE 62.2-2010, Ventilation and Acceptable Indoor Air
Quality in Low-Rise Residential Buildings, copyright 2010 IBR approved
for Sec. 3280.103(d).
(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).
[[Page 36]]
(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 Sec. Sec. 3280.604(b), 3280.703, 3280.705(e), and
3280.706(d).
(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 Sec. Sec. 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 Sec. Sec. 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
[[Page 37]]
Limiting Devices, IBR approved for Sec. Sec. 3280.604(b) and
3280.607(b).
(p) ASTM, International,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
Sec. Sec. 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 Oil Lines, IBR approved for
Sec. Sec. 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 Sec. Sec. 3280.604 and 3280.703.
(5) ASTM B43-91, Standard Specification for Seamless Red Brass Pipe,
Standard Sizes, IBR approved for Sec. Sec. 3280.604(b) and 3280.705(b).
(6) ASTM B88-93, Standard Specification for Seamless Copper Water
Tube, IBR approved for Sec. Sec. 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
Sec. Sec. 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
Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec.
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 D6007-14, Standard Test Method for Determining
Formaldehyde Concentrations in Air from Wood Products Using a Small Air
Chamber, approved October 1, 2014; IBR approved for Sec. 3280.406(b).
[[Page 38]]
(26) ASTM E84-01, Standard Test Method for Surface Burning
Characteristics of Building Materials, 2001, IBR approved for Sec.
3280.203(a).
(27) ASTM E 119-05, Standard Test Methods for Fire Tests of Building
Construction and Materials, approved September 15, 2005, IBR approved
for Sec. 3280.1003(a).
(28) ASTM E 96-95 Standard Test Methods for Water Vapor Transmission
of Materials, IBR approved for Sec. 3280.504(a).
(29) 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).
(30) ASTM E 773-97, Standard Test Methods for Accelerated Weathering
of Sealed Insulating Glass Units, IBR approved for Sec. 3280.403(d).
(31) ASTM E 774-97, Standard Specification for the Classification of
the Durability of Sealed Insulating Glass Units, IBR approved for Sec.
3280.403(d).
(32) ASTM E1333-14, Standard Test Method for Determining
Formaldehyde Concentrations in Air and Emission Rates from Wood Products
Using a Large Air Chamber, approved October 1, 2014; IBR approved for
Sec. 3280.406(b).
(33) 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).
(34) ASTM F876-10, Standard Specification for Crosslinked
Polyethylene (PEX) Tubing, approved February 10, 2010, IBR approved for
Sec. 3280.604(b).
(35) 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 Sec. Sec.
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).
[[Page 39]]
(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.
(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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 3280.803(k) and
3280.804(k).
(v) Article 250.24, IBR approved for Sec. Sec. 3280.803(k) and
3280.804(k).
(vi) Article 250.26, IBR approved for Sec. Sec. 3280.803(k) and
3280.804(k).
(vii) Article 250.28, IBR approved for Sec. Sec. 3280.803(k) and
3280.804(k).
(viii) Article 312.2(A), IBR approved for Sec. Sec. 3280.803(k) and
3280.804(k).
(ix) Table 314.16(A), IBR approved for Sec. Sec. 3280.808(m) and
3280.808(q).
(x) Article 314.23(B), IBR approved for Sec. Sec. 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).
[[Page 40]]
(xiv) Article 440.65, IBR approved for Sec. 3280.801(b).
(xv) Part II of Article 550, IBR approved for Sec. Sec. 3280.801(a)
and 3280.801(b).
(xvi) Article 550.17, IBR approved for Sec. 3280.810(b).
(xvii) Article 550.25(a), IBR approved for Sec. 3280.801(b).
(xviii) Article 680.70, IBR approved for Sec. Sec. 3280.607(c) and
3280.801(a).
(xix) Article 680.71, IBR approved for Sec. Sec. 3280.607(c) and
3280.801(a).
(xx) Articles 680.72, IBR approved for Sec. Sec. 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).
(8) NFPA 255, Standard Method of Test of Surface Burning
Characteristics of Building Materials, 1996, IBR approved for Sec. Sec.
3280.203(a) and 3280.207(a).
(9) NFPA 720, Standard for Installation of Carbon Monoxide (CO)
Detection and Warning Equipment, 2015 Edition, Copyright 2014, IBR
approved for Sec. 3280.211(b).
(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 Sec. Sec.
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).
[[Page 41]]
(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
Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 3280.703 and 3280.715(c).
(9) UL 217, Single and Multiple Station Smoke Alarms, Fifth Edition,
dated January 4, 1999, IBR approved for Sec. Sec. 3280.208(a) and
3280.211(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 Sec. Sec. 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 Sec. Sec.
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.
(23) ANSI/UL 2034-2016, Standard for Single and Multiple Station
Carbon Monoxide Alarms, Third Edition, dated February 28, 2008
(including revisions through May 11, 2016), IBR approved for Sec.
3280.211(a).
(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
[[Page 42]]
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; 85
FR 5566, Jan. 31, 2020; 86 FR 2516, Jan. 12, 2021]
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 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) The applicable statement:
This manufactured home IS designed to accommodate the additional
loads imposed by the attachment of an attached accessory building or
structure in accordance with the manufacturer installation instructions.
The additional loads are in accordance with the design load(s)
identified on this Data Plate; or
This manufactured home IS NOT designed to accommodate the additional
loads imposed by the attachment of an attached accessory building or
structure in accordance with the manufacturer installation instructions.
(e) A list of the certification label(s) number(s) that are affixed
to each transportable manufactured section under Sec. 3280.8.
(f) A list of major factory-installed equipment, including the
manufacturer's name and the model designation of each appliance.
(g) 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 Sec. Sec. 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[foot] 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.
(h) 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.
(i) The statement: ``Design Approval by'', followed by the name of
the agency that approved the design.
(j) The statement: The manufacturer certifies this home is compliant
with the Title VI, Toxic Substances Control Act.
[59 FR 2469, Jan. 14, 1994, as amended at 80 FR 53727, Sept. 8, 2015; 85
FR 5566, Jan. 31, 2020; 86 FR 2516, Jan. 12, 2021]
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
[[Page 43]]
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]
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 must be located at the taillight end of each
transportable section of the manufactured home approximately 1 foot up
from the floor and 1 foot in from the road side, or as near that
location on a permanent part of the exterior of the manufactured home
section 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
[[Page 44]]
the manufactured home. If locating the label on the taillight end of a
transportable section will prevent the label from being visible after
the manufactured home section is installed at the installation site, the
label must be installed on a permanent part of the exterior of the
manufactured home section, in a visible location as specified in the
approved design.
[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; 86 FR 2517, Jan. 12, 2021]
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.
(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. 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
[[Page 45]]
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.
(d) Optional ventilation provisions. As an option to complying with
the provisions of paragraphs (b) and (c) of this section, ventilation
systems complying with ANSI/ASHRAE Standard 62.2 (incorporated by
reference, see Sec. 3280.4) may be used.
[58 FR 55003, Oct. 25, 1993, as amended at 70 FR 72042, Nov. 30, 2005;
86 FR 2517, Jan. 12, 2021]
Sec. 3280.104 Ceiling heights.
(a) Every habitable room and bathroom shall have a minimum ceiling
height of not less than 7 feet, 0 inches for a minimum of 50 percent of
the room's floor area. The remaining area may have a ceiling with a
minimum height of 5 feet, 0 inches. Minimum height under dropped ducts,
beams, etc. shall be 6 feet, 4 inches.
(b) Hallways and foyers shall have a minimum ceiling height of 6
feet, 6 inches.
Sec. 3280.105 Exit facilities; exterior doors.
(a) Number and location of exterior doors. Manufactured homes shall
have a minimum of two exterior doors located remote from each other.
(1) Required egress doors shall not be located in rooms where a
lockable interior door must be used in order to exit.
(2) In order for exit doors to be considered remote from each other,
they must comply with all of the following:
(i) Both of the required doors must not be in the same room or in a
group of rooms which are not defined by fixed walls.
(ii) Single wide units. Doors may not be less than 12 ft. c-c from
each other as measured in any straight line direction regardless of the
length of path of travel between doors.
(iii) Double wide units. Doors may not be less than 20 ft. c-c from
each other as measured in any straight line direction regardless of the
length of path of travel between doors.
(iv) One of the required exit doors must be accessible from the
doorway of each bedroom without traveling more than 35 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.
[[Page 46]]
(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
x 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 x 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 locked by a locking
knob, lever, button, or other locking device on the inside.
(c) All interior swinging doors must have a minimum clear opening of
27 inches except doors to toilet compartments in single-section homes
(see Sec. 3280.111(b)), and doors to closets and pantries.
[40 FR 58752, Dec. 18, 1975, as amended at 86 FR 2517, Jan. 12, 2021]
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
[[Page 47]]
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.
(a) Each toilet compartment must be a minimum of 30 inches wide,
except, when the toilet is located adjacent to the short dimension of
the tub, the distance from the tub, to the center line of the toilet
must not be less than 12 inches. At least 21 inches of clear space must
be provided in front of each toilet.
(b) All bathroom passage doors in single-section homes must have a
minimum clear opening width of 23 inches, and bathroom passage doors in
multi-section homes must have a minimum clear opening width of 27
inches.
[86 FR 2517, Jan. 12, 2021]
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) Required glazed openings shall be permitted to face into a
roofed porch where the porch abuts a street, yard, or court and the
longer side of the porch is at least 65 percent open and unobstructed
and the ceiling height is not less than 7 feet.
(c)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
(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).
(d) 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).
[[Page 48]]
(e) 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; 86 FR 2517, Jan. 12, 2021]
Sec. 3280.114 Stairways.
(a) Stairways--(1) General. These minimum standards apply to
stairways that are designed and constructed as part of the factory-
completed transportable section(s) of a manufactured home, such as
interior stairways for multi-level or multi-story homes or external
stairways for multi-level construction features that are designed and
constructed in the factory on a transportable section and integral to
the access and egress needs within the transportable section(s) of a
home. These standards do not apply to exterior stairways that are built
at the home site or stairways to basement areas that are not designed
and built as part of a transportable section of a manufactured home.
(2) Width. Stairways must not be less than 36 inches in clear width
at all points above permitted handrail height and below the required
headroom height. Handrails must not project more than 4\1/2\ inches on
either side of the stairway and the minimum clear width of the stairway
at and below the handrail height, including treads and landings, must
not be less than 31\1/2\ inches where a handrail is installed on one
side and 27 inches where handrails are provided on both sides.
(3) Stair treads and risers--(i) Riser height and tread depth. The
maximum riser height must not exceed 8\1/4\ inches and the minimum tread
depth must not be less than 9 inches. The riser height must be measured
vertically between leading edges of the adjacent treads. The tread depth
must be measured horizontally between the vertical planes of the
foremost projection of adjacent treads and at a right angle to the
tread's leading edge. The walking surface of treads and landings of a
stairway must be sloped no steeper than one unit vertical in 48 units
horizontal (a 2-percent slope). The greatest riser height within any
flight of stairs must not exceed the smallest by more than \3/8\ inch.
The greatest tread depth within any flight of stairs must not exceed the
smallest by more than \3/8\ inch.
(ii) Profile. The radius of curvature at the leading edge of the
tread must not be greater than \9/16\ inch. A nosing not less than \3/4\
inch but not more than 1\1/4\ inches shall be provided on stairways with
solid risers. The greatest nosing projection must not exceed the
smallest nosing projection by more than \3/4\ inch between two stories,
including the nosing at the level of floors and landings. Beveling of
nosing must not exceed \1/2\ inch. Risers must be vertical or sloped
from the underside of the leading edge of the tread above at an angle
not more than 30 degrees from the vertical. Open risers are permitted,
provided that the opening between treads does not permit the passage of
a 4-inch diameter sphere. A nosing is not required where the tread depth
is a minimum of 11 inches. The opening between adjacent treads is not
limited on stairs with a total rise of 30 inches or less.
(4) Headroom. The minimum headroom in all parts of the stairway must
not be less than 6 feet 8 inches, measured vertically from the sloped
plane adjoining the tread nosing or from the floor surface of the
landing or platform.
(5) Winders (winding stairways). Winders are permitted, provided
that the width of the tread at a point not more
[[Page 49]]
than 12 inches from the side where the treads are narrower is not less
than 10 inches and the minimum width of any tread is not less than 6
inches. Within any flight of stairs, the greatest winder tread depth at
the 12-inch walk line must not exceed the smallest by more than \3/8\
inch. The continuous handrail required by paragraph (c)(3) of this
section must be located on the side where the tread is narrower.
(6) Spiral stairways. Spiral stairways are permitted provided the
minimum width is a minimum 26 inches with each tread having 7\1/2\ inch
minimum tread width at 12 inches from the narrow edge. All treads must
be identical, and the rise must be no more than 9\1/2\ inches. Minimum
headroom of 6 feet, 6 inches must be provided.
(7) Circular stairways. Circular stairways must have a tread depth
at a point not more than 12 inches from the side where the treads are
narrower of not less than 11 inches and the minimum depth of any tread
must not be less than 6 inches. Tread depth at any walking line,
measured a consistent distance from a side of the stairway, must be
uniform as specified in paragraph (a)(2)(i) of this section.
(b) Landings. Every landing must have a minimum dimension of 36
inches measured in the direction of travel. Landings must be located as
follows:
(1) There must be a floor or landing at the top and bottom of each
stairway, except at the top of an interior flight of basement stairs,
provided a door does not swing over the stairs.
(2) A landing or floor must be located on each side of an interior
doorway and exterior doorway, to the extent the external stairway is
designed by the home manufacturer and constructed in the factory, and
the width of each landing must not be less than the door it serves. The
maximum threshold height above the floor or landing must be 1\1/2\-
inches.
(c) Handrails--(1) General. A minimum of one handrail meeting the
requirements of this section must be installed on all stairways
consisting of four or more risers. Handrails must be securely attached
to structural framing members. A minimum space of 1\1/2\ inches must be
provided between the adjoining wall surface and the handrail.
(2) Handrail height. Handrails must be installed between 34 inches
and 38 inches measured vertically from the leading edge of the stairway
treads except that handrails installed up to 42 inches high must be
permitted if serving as the upper rails of guards required by paragraph
(d) of this section.
(3) Continuity. Required handrails must be continuous from a point
directly above the leading edge of the lowest stair tread to a point
directly above the leading edge of the landing or floor surface at the
top of the stairway. If the handrail is extended at the top of the
stairway flight, the extension must parallel the floor or landing
surface and must be at the same height as the handrail above the leading
edges of the treads. If the handrail is extended at the base of the
stair, it must continue to slope parallel to the stair flight for a
distance of one tread depth, measured horizontally, before being
terminated or returned or extended horizontally. The ends of handrails
must return into a wall or terminate in a safety terminal or newel post.
(4) Graspability. Required handrails must, if circular in cross
section, have a minimum 1\1/4\-inch and a maximum 2-inch diameter
dimension. Handrails with a noncircular cross section must have a
perimeter dimension of at least 4 inches and not more than 6\1/4\ inches
(with a maximum cross-section dimension of not more than 2\1/4\ inches).
The handgrip portion of the handrail must have a smooth surface. Edges
must have a minimum \1/8\-inch radius. Handrails must be continuously
graspable along their entire length except that brackets or balusters
are not considered obstructions to graspability if they do not project
horizontally beyond the sides of the handrail within 1\1/2\ inches of
the bottom of the handrail.
(5) Required resistance of handrails. Handrails must be designed to
resist a load of 20 lb./ft applied in any direction at the top and to
transfer this load through the supports to the structure. All handrails
must be able to resist a single concentrated load of 200 lbs., applied
in any direction at any point
[[Page 50]]
along the top, and have attachment devices and supporting structures to
transfer this loading to appropriate structural elements of the
building. This load is not required to be assumed to act concurrently
with the loads specified in this section.
(d) Guards. (1) Porches, balconies, or raised floor surfaces located
more than 30 inches above the floor or grade below must have guards not
less than 36 inches in height. Open sides of stairs with a total rise of
more than 30 inches above the floor or grade below must have guards not
less than 34 inches in height measured vertically from the nosing of the
treads. Balconies and porches on the second floor or higher must have
guards a minimum of 42 inches in height.
(2) Required guards on open sides of stairways, raised floor areas,
balconies, and porches must have intermediate rails or ornamental
closures that do not allow passage of a sphere 4 inches in diameter.
(i) The triangular openings formed by the riser, tread and bottom
rail of a guard at the open side of the stairway must be of such a size
that a sphere of 6 inches cannot pass through.
(ii) Guard systems must be designed to resist a load of 20 lb./ft
applied in any direction at the top and to transfer this load through
the supports to the structure. All guard systems must be able to resist
a single concentrated load of 200 lb., applied in any direction at any
point along the top and have attachment devices and supporting
structures to transfer this loading to appropriate structural elements
of the building. This load is not required to be assumed to act
concurrently with the loads specified in this section.
(e) Stairway illumination. All interior and exterior stairways must
be provided with a means to illuminate the stairways, including the
landings and treads.
(1) Interior stairways must be provided with an artificial light
source located in the immediate vicinity of each landing of the
stairway. For interior stairs, the artificial light sources must be
capable of illuminating treads and landings to levels not less than one
(1) foot-candle measured at the center of treads and landings. The
control and activation of the required interior stairway lighting must
be accessible at the top and bottom of each stairway without traversing
any steps.
(2) Exterior stairways designed by the home manufacturer and
constructed in the factory must be provided with an artificial light
source located in the immediate vicinity of the top landing of the
stairway. An artificial light source is not required at the top and
bottom landing, provided an artificial light source is located directly
over each stairway section. The illumination of exterior stairways must
be controlled from inside the home.
[86 FR 2517, Jan. 12, 2021]
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)
[[Page 51]]
or (4), and trim 6 inches or less in width in all other areas;
(2) Windows and frames;
(3) Single doors and frames and a series of doors and frames not
exceeding 5 feet in width;
(4) Skylights and frames;
(5) Casings around doors, windows, and skylights not exceeding 4
inches in width;
(6) Furnishings which are not permanently affixed to the home's
structure;
(7) Baseboards not exceeding 6 inches in height;
(8) Light fixtures, cover plates of electrical receptacle outlets,
switches, and other devices;
(9) Decorative items attached to walls and partitions (i.e.,
pictures, decorative objects, etc.) constituting no more than 10% of the
aggregate wall surface area in any room or space not more than 32 square
feet in surface area, whichever is less;
(10) Plastic light diffusers when suspended from a material which
meets the interior finish provisions of Sec. 3280.203(b);
(11) Coverings and surfaces of exposed wood beams; and
(12) Decorative items including the following:
(i) Non-structural beams not exceeding 6 inches in depth and 6
inches in width and spaced not closer than 4 feet on center;
(ii) Non-structural lattice work;
(iii) Mating and closure molding; and
(iv) Other items not affixed to the home's structure.
Limited combustible: A material meeting:
(1) The definition 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.
[[Page 52]]
(2) Ceiling interior finish shall not have a flame spread rating
exceeding 75.
(3) Walls adjacent to or enclosing a furnace or water heater and
ceilings above them shall have an interior finish with a flame spread
rating not exceeding 25. Sealants and other trim materials 2 inches or
less in width used to finish adjacent surfaces within these spaces are
exempt from this provision provided that all joints are completely
supported by framing members or by materials having a flame spread
rating not exceeding 25.
(4) Exposed interior finishes adjacent to the cooking range shall
have a flame spread rating not exceeding 50, except that backsplashes
not exceeding 6 inches in height are exempted. Adjacent surfaces are the
exposed vertical surfaces between the range top height and the overhead
cabinets and/or ceiling and within 6 horizontal inches of the cooking
range. (Refer also to Sec. 3280.204(a), Kitchen Cabinet Protection.)
Sealants and other trim materials 2 inches or less in width used to
finish adjacent surfaces are exempt from this provision provided that
all joints are completely supported by a framing member.
(5) Kitchen cabinet doors, countertops, backsplashes, exposed
bottoms, and end panels shall have a flame spread rating not to exceed
200. Cabinet rails, stiles, mullions, and top strips are exempted.
(6) Finish surfaces of plastic bathtubs, shower units, and tub or
shower doors shall not exceed a flame spread rating of 200.
(c) Fire protective requirements.
(1) Materials used to surface the following areas shall be of
limited combustible material (e.g., \5/16\-inch gypsum board, etc.):
(i) The exposed wall adjacent to the cooking range (see Sec.
3280.203(b)(4));
(ii) Exposed bottoms and sides of kitchen cabinets as required by
Sec. 3280.204;
(iii) Interior walls and ceilings enclosing furnace and/or water
heater spaces; and
(iv) Combustible doors which provide interior or exterior access to
furnace and/or water heater spaces. The surface may be interrupted for
louvers ventilating the enclosure. However, the louvers shall not be
constructed of a material of greater combustibility than the door itself
(e.g., plastic louvers on a wooden door).
(2) No burner of a surface cooking unit shall be closer than 12
horizontal inches to a window or an exterior door with glazing.
[49 FR 32008, Aug. 9, 1984, as amended at 58 FR 55005, Oct. 25, 1993; 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
[[Page 53]]
(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 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
[[Page 54]]
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:
(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 [deg]C in the upper part of the
room);
(B) Time to reach an oxygen (O2) level of 14% (rate of
O2 depletion), a carbon monoxide (CO) level of 1%, a carbon
dioxide (CO2) level of 6%, and a smoke level of 0.26 optical
density/meter measured at 5 feet high in the doorway; and
(C) Rate of change concentration for O2, CO,
CO2 and smoke measured 3 inches below the top of the doorway.
(ii) Ceiling assemblies. A minimum of three valid tests of the foam
plastic system and one valid test of the control module shall be
evaluated to determine if the foam plastic system 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 (incorporated by
reference, see Sec. 3280.4), or ANSI/UL 268 (incorporated by reference,
see Sec. 3280.4), and must bear a label to evidence conformance.
Combination smoke and carbon monoxide alarms shall be listed
[[Page 55]]
and must bear a label to evidence conformance with UL 217 and ANSI/UL
2034.
(b) Combination alarms. Combination smoke and carbon monoxide alarms
shall be permitted to be used in lieu of smoke alarms. If installed,
such alarms must meet location requirements for both smoke alarms and
carbon monoxide alarms.
(c) 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 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.
(d) 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.
(e) 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
[[Page 56]]
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.
(f) 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.
(g) Testing and maintenance. (1) Each required smoke alarm installed
at the factory must be operationally tested, after conducting the
dielectric test 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; 86 FR 2518, Jan. 12, 2021]
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]
Sec. 3280.211 Carbon monoxide alarm requirements.
(a) Labeling. Carbon monoxide alarms shall be listed and must bear a
label to evidence conformance with ANSI/UL 2034 (incorporated by
reference, see Sec. 3280.4). Combination carbon monoxide and smoke
alarms shall be listed and must bear a label to evidence conformance
with ANSI/UL 2034 and UL 217 (incorporated by reference, see Sec.
3280.4).
(b) Required carbon monoxide alarm locations. Carbon monoxide alarms
must be installed in each home containing either a fuel burning
appliance or designed by the home manufacturer to include an attached
garage. Carbon monoxide alarms must be installed outside of each
separate sleeping area in the immediate vicinity of the bedrooms and in
accordance with the alarm manufacturer's installation instructions.
Where a fuel-burning appliance is located within a bedroom or its
attached bathroom, a carbon monoxide alarm must be installed within the
bedroom and in accordance with the manufacturer's installation
instructions.
[[Page 57]]
Carbon monoxide alarms must be installed in conformance with NFPA 720
(incorporated by reference, see Sec. 3280.4).
(c) Interconnectivity. Where more than one carbon monoxide alarm is
required to be installed, the alarm devices shall be interconnected in
such a manner that the actuation of one alarm will activate all the
alarms installed.
(d) Connection to power source. Each carbon monoxide alarm must be
powered from the electrical system of the home as the primary power
source and a battery as a secondary power source.
(e) Combination alarms. Combination carbon monoxide and smoke alarms
shall be permitted to be used in lieu of carbon monoxide alarms. When
combination carbon monoxide and smoke alarms are used, they shall be
installed to also comply with Sec. 3280.209.
(f) Basement applications. For each home designed to be placed over
a basement, the manufacturer must provide a carbon monoxide alarm for
the basement and must install the electrical junction box for the
installation of this carbon monoxide alarm for its interconnection with
other alarms required by this section.
(g) Testing. Each required carbon monoxide alarm installed at the
factory must be operationally tested, after conducting the dielectric
test specified in Sec. 3280.810(a), in accordance with the alarm
manufacturer's instructions. A carbon monoxide alarm that does not
function as designed during the test and is not satisfactorily repaired
so that it functions properly in the next retest must be replaced. Any
replacement carbon monoxide alarm must be successfully tested in
accordance with this section.
[86 FR 2519, Jan. 12, 2021]
Sec. 3280.212 Factory constructed or site-built attached garages.
(a) When a manufactured home is designed for factory construction
with an attached garage or is designed for construction of an attached
site-built garage that is not self-supported, the manufacturer must
design the manufactured home to accommodate all appropriate live and
dead loads from the attached garage structure that will be transferred
through the manufactured home structure to the home's support and
anchoring systems.
(b) The design must specify the following home and garage
characteristics including maximum width, maximum sidewall height,
maximum roof slope, live and dead loads, and other design limitations or
restrictions using loads provided by this Code.
(c) When a manufactured home is factory constructed with an attached
garage or is constructed for the attachment of a site-built garage,
provisions must be made to provide fire separation between the garage
and the manufactured home.
(1) The garage must be separated from the manufactured home and its
attic by not less than \1/2\-inch gypsum board or equivalent applied to
the garage side of the manufactured home, separation shall be from the
underside of the floor to the underside of the roof deck and may be
provided on-site as part of an On Site Completion of Construction
approval. Garages beneath habitable rooms must be separated from all
habitable rooms by \5/8\-inch, Type X gypsum board or equivalent. Where
the separation is a floor ceiling assembly, the structure supporting the
separation must also be protected by not less than \1/2\-inch gypsum
board or equivalent. The design approval and the manufacturer's
installation instructions must also include provision for equivalent
vertical or horizontal separation between the garage and the
manufactured home as appropriate.
(2) [Reserved]
(d) Openings from a garage directly into a room designated for
sleeping purposes are not permitted.
(e) Other openings between the garage and the manufactured home
must:
(1) Be equipped with solid wood doors not less than 1\3/8\ inch in
thickness, or solid or honeycomb steel doors not less than 1\3/8\ inch
in thickness, or 20-minute fire-rated doors, and all doors shall be of
the self-closing type; and
(2) Be in addition to the two exterior doors required by Sec.
3280.105.
(f) Ducts penetrating the walls or ceilings separating the
manufactured home from the garage must be constructed of a minimum No.
26 gauge steel or other approved material and must have no openings into
the garage.
[[Page 58]]
(g) Installation instructions shall be provided by the home
manufacturer that, in addition to addressing the fire separation as
required in this section, shall identify acceptable attachment
locations, indicate design limitations for the attachment of the garage
including acceptable live and dead loads for which the home has been
designed to accommodate, and provide support and anchorage designs as
necessary to transfer all imposed loads to the ground in accordance with
Sec. Sec. 3285.301 and 3285.401 of this chapter.
(h) A site-built, self-supported garage is considered an add-on, per
3282.8(j)(1), that does not affect the ability of the manufactured home
to comply with the Construction and Safety Standards. The design and
construction of the garage is subject to state and or local authorities
having jurisdiction.
[86 FR 2519, Jan. 12, 2021]
Sec. 3280.213 Factory constructed or site-built attached carports.
(a) When a manufactured home is designed for factory construction
with an attached carport or is designed for construction of an attached
site-built carport, the manufacturer must design the manufactured home
to accommodate all appropriate live and dead loads from the attached
carport structure that will be transferred through the manufactured home
structure to the home's support and anchoring systems.
(b) The design, including the home's installation instructions, must
specify the following home and carport characteristics including maximum
width, maximum sidewall height, live and dead loads, and other design
limitations or restrictions.
(1) Alternatively, the manufacturer may provide, by design and home
installation instructions, the maximum live and dead loads, and the
applied loading locations, that the home is designed to resist from the
carport, and other design limitations or restrictions.
(2) [Reserved].
(c) Homes may be designed with a factory-installed host beam (i.e.,
ledger board) or specific roof truss rail for the attachment of the
carport to the exterior wall of the home. The host beam (i.e., ledger
board) must be designed to transmit the appropriate live and dead loads
at the interface between the carport and the manufactured home. In cases
where the carport is designed to be supported by the roof truss
overhang, the roof trusses must be designed to support the additional
live and dead loads from the carport.
(1) Any portion of the host beam (i.e., ledger board) and all
fasteners exposed to the weather shall be protected in accordance with
Sec. 3280.307.
(2) [Reserved].
(d) To ensure that the attachment of the carport does not interfere
with roof or attic ventilation, the manufacturer must provide specific
instructions to ensure continued compliance with the manufactured home
roof or attic ventilation requirements in accordance with Sec.
3280.504(d).
(e) Installation instructions shall be provided by the home
manufacturer that identify acceptable attachment locations, indicate
design limitations for the attachment of the carport including
acceptable live and dead loads for which the home has been designed to
accommodate, and provide support and anchorage designs as necessary to
transfer all imposed loads to the ground in accordance with Sec. Sec.
3285.301 and 3285.401 of this chapter.
(1) The manufacturer must ensure that any anchoring system designs
incorporating anchorage to resist combined shear wall and carport uplift
loads are evaluated for adequacy to resist the combined loads, taking
into consideration the limitations of the ground anchor test and
certification.
(2) [Reserved].
(f) A site-built, self-supported carport is considered an add-on, as
provided by Sec. 3282.8(j)(1), that does not affect the ability of the
manufactured home to comply with the standards. The design and
construction of the carport is subject to state and or local authorities
having jurisdiction.
[86 FR 2519, Jan. 12, 2021]
Subpart D_Body and Frame Construction Requirements
Sec. 3280.301 Scope.
This subpart covers the minimum requirements for materials,
products,
[[Page 59]]
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.
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
[[Page 60]]
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]
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.
[[Page 61]]
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
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 must be designed and constructed
as a completely integrated structure capable of sustaining the design
load requirements of this part and must be capable of transmitting these
loads to stabilizing devices without exceeding the allowable stresses or
deflections. 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, so as to resist wind
overturning, uplift, and sliding as imposed by design loads in this
part. In multistory construction, each story must be securely fastened
to the story above and/or below to provide continuity and resist design
loads in this part. Uncompressed finished flooring greater than \1/8\
inch in thickness must not extend beneath load-bearing
[[Page 62]]
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 Sec. Sec.
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 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 thn-eq>47 PSF
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[foot]-0[foot] 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[foot]-0[foot] from each \5\ -73 PSF \5\ -89 PSF
gable end (overhang at end
wall) of the roof or endwall if
no overhang is provided
\4\,\6\,\7\....................
Within 3[foot]-0[foot] from the \5\ -51 PSF \5\ -62 PSF
ridge and 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\........................
[[Page 63]]
Wall studs in sidewalls and endwalls,
exterior windows and sliding glass
doors (glazing and framing), exterior
coverings, sheathing and fastenings
\8\:
Within 3[foot]-0[foot] from each 48 PSF thn-eq>58 PSF
endwall........................
All other areas................. 38 PSF thn-eq>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[foot]-
0[foot] 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 Sec. Sec. 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.
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
[[Page 64]]
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
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
[[Page 65]]
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 (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
[[Page 66]]
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 67]]
[GRAPHIC] [TIFF OMITTED] TR14JA94.000
[[Page 68]]
[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 69]]
Floor--L/240
Roof and ceiling--L/180
Headers, beams, and girders (vertical load)--L/180
Walls and partitions--L/180
(2) The allowable eave or cornice deflection for uplift is to be
measured at the design uplift load of 9 psf for Wind Zone I, and at the
design uplift pressure cited in paragraph (c)(1)(ii) of this section for
Wind Zones II and III. The allowable deflection shall be (2 x Lc)/180,
where Lc is the measured horizontal eave projection from the wall.
(e) Fastening of structural systems. (1) Roof framing 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. In multistory construction, each story must be securely fastened
to the story above and/or below to provide continuity and resist design
loads in this section.
(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
[[Page 70]]
by three inches, metal cross-bridging of equal strength, or by other
approved methods.
(2) Wood, wood fiber or plywood floors or subfloors in kitchens,
bathrooms (including toilet compartments), laundry areas, water heater
compartments, and any other areas subject to excessive moisture shall be
moisture resistant or shall be made moisture resistant by sealing or by
an overlay of nonabsorbent material applied with water-resistant
adhesive. Use of one of the following methods would meet this
requirement:
(i) Sealing the floor with a water-resistant sealer; or
(ii) Installing an overlay of a non-absorbent floor covering
material applied with water-resistant adhesive; or
(iii) Direct application of a water-resistant sealer to the exposed
wood floor 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) must 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 D781-1968 (Reapproved 1973) (incorporated by reference,
see Sec. 3280.4). The material must be suitable for patches and the
patch life must be equivalent to the material life. Patch installation
instruction must be included in the manufactured home manufacturer's
instructions. The bottom board material must be tight fitted against all
penetrations.
(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.
[[Page 71]]
(2) Roofing membranes shall be of sufficient rigidity to prevent
deflection which would permit ponding of water or separation of seams
due to wind, snow, ice, erection or transportation forces.
(3) Cutting of roof framework members for passage of electrical,
plumbing or mechanical systems shall not be allowed except where
substantiated by engineering analysis.
(4) All roof penetrations for electrical, plumbing or mechanical
systems shall be properly flashed and sealed. In addition, where a metal
roof membrane is penetrated, a wood backer shall be installed. The
backer plate shall be not less than \5/16\ inch plywood, with exterior
glues, secured to the roof framing system beneath the metal roof, and
shall be of a size to assure that all screws securing the flashing are
held by the backer plate.
(5) Portions of roof assemblies, including, but not limited to,
dormers, gables, crickets, hinged roof sections, sheathing, roof
coverings, underlayments, flashings, and eaves and overhangs are
permitted to be assembled and installed on site in accordance with 24
CFR part 3282, subpart M, provided that the requirements in paragraphs
(h)(5)(i) through (iv) of this section are met.
(i) Approved installation instructions must be provided that include
requirements for the following items:
(A) Materials, installation, and structural connections complying
with this section;
(B) Installation and fastening of sheathing and roof coverings;
(C) Installation of appliance vent systems in accordance with Sec.
3280.710;
(D) Installation of plumbing vents as required by Sec. 3280.611;
and
(E) Installation of attic ventilation in accordance with Sec.
3280.504(c).
(ii) The installation instructions specified in paragraph (h)(5)(i)
of this section must include drawings, details, and instructions as
necessary to assure that the on-site work complies with the approved
design.
(iii) The installation instructions specified in paragraph (h)(5)(i)
of this section must provide for inspection of the work at the
installation site. As necessary to ensure conformance, inspection panels
may be required, or inspections may need to occur in stages that assure
inspections are performed before any work is concealed. Such inspection
procedures shall be addressed in the approved installation instructions.
(iv) Temporary weather protection must be provided per Sec.
3280.307(e).
(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.
[[Page 72]]
(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; 86 FR 2520, Jan. 12, 2021; 86 FR 10457, Feb. 22, 2021]
Sec. 3280.306 Windstorm protection.
(a) Provisions for support and anchoring systems. Each manufactured
home shall have provisions for support/anchoring or foundation systems
that, when properly designed and installed, will resist overturning and
lateral movement (sliding) of the manufactured home as imposed by the
respective design loads. For Wind Zone I, the design wind loads to be
used for calculating resistance to overturning and lateral movement
shall be the simultaneous application of the wind loads indicated in
Sec. 3280.305(c)(1)(i), increased by a factor of 1.5. The 1.5 factor of
safety for Wind Zone I is also to be applied simultaneously to both the
vertical building projection, as horizontal wind load, and across the
surface of the full roof structure, as uplift loading. For Wind Zones II
and III, the resistance shall be determined by the simultaneous
application of the horizontal drag and uplift wind loads, in accordance
with Sec. 3280.305(c)(1)(ii). The basic allowable stresses of materials
required to resist overturning and lateral movement shall not be
increased in the design and proportioning of these members. No
additional shape or location factors need to be applied in the design of
the tiedown system. The dead load of the structure may be used to resist
these wind loading effects in all Wind Zones.
(1) The provisions of this section shall be followed and the support
and anchoring systems shall be designed by a Registered Professional
Engineer or Architect.
(2) The manufacturer of each manufactured home is required to make
provision for the support and anchoring systems but is not required to
provide the anchoring equipment or stabilizing devices. When the
manufacturer's installation instructions provide for the main frame
structure to be used as the points for connection of diagonal ties, no
specific connecting devices need be provided on the main frame
structure.
(b) Contents of instructions. (1) The manufacturer 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
Sec. Sec. 3285.312(b) and 3285.404 of the Model Manufactured
[[Page 73]]
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 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
[[Page 74]]
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.
(e) Multi-section and attached manufactured homes (see subpart K of
this part) are not required to comply with the factory installation of
weather-resistant exterior finishes for those areas left open for field
connection of the sections provided the following conditions are
satisfied:
(1) Temporary weather protection for exposed, unprotected
construction is provided in accordance with methods to be included in
the approved design.
(2) Methods for on-site completion and finishing of these elements
are included in the approved design.
(3) Complete installation instructions and the required materials
for finishing these elements are provided.
[40 FR 58752, Dec. 18, 1975, as amended at 86 FR 2520, Jan. 12, 2021]
Sec. 3280.308 Formaldehyde emission controls for composite wood products
(a) Definitions. For purposes of this section, the definitions found
in 40 CFR 770.3 apply.
(b) Formaldehyde emission levels. The following maximum formaldehyde
emission standards apply whether the composite wood product is in the
form of a panel or is incorporated into a component part or finished
good:
(1) For hardwood plywood made with a veneer core or composite core,
the maximum level is 0.05 parts per million (ppm) of formaldehyde;
(2) For medium density fiberboard, the maximum level is 0.11 ppm of
formaldehyde;
(3) For thin medium density fiberboard, the maximum level is 0.13
ppm of formaldehyde; and
(4) For particleboard, the maximum level is 0.09 ppm of
formaldehyde.
(c) Product certification and continuing qualification. Only
certified composite wood products whether in the form of panels or
incorporated into component parts or finished goods, are permitted to be
used in manufactured homes sold, supplied, offered for sale, or
manufactured in or imported into the United States, consistent with
Environmental Protection Agency (EPA) product testing requirements at 40
CFR 770.15. See Sec. 3280.406 for testing requirements for product
certification and testing requirements for continuing qualification of
formaldehyde emission levels.
(d) Panel label. Manufactured homes must use panels or bundles of
panels that are labeled by a panel producer consistent with the labeling
requirements at 40 CFR 770.45.
(e) Finished good certification label. Each manufactured home must
be provided with a finished good certification label indicating that the
home has been produced with composite wood products, or finished goods
that contain composite wood products, that comply with the formaldehyde
emission requirements of this part and 40 CFR part 770, consistent with
Sec. 3280.5(i).
(f) Non-complying lots. Composite wood products from non-complying
lots (i.e., lots that exceed the applicable formaldehyde ppm) are not
certified composite wood products and may not be used in manufactured
homes except in accordance with 40 CFR 770.22.
(g) Stockpiling. The use of stockpiled inventory of composite wood
products, whether in the form of panels or incorporated into component
parts or finished goods, in manufactured homes, is prohibited in
accordance with EPA regulations at 40 CFR 770.12(b) through (d).
(h) Third party certification. All composite wood products in
paragraph (b) of this section must be certified by an agency or
organization that has been recognized to participate in the EPA Toxic
Substances Control Act (TSCA) Title VI Third Party Certification
Program.
[85 FR 5566, Jan. 31, 2020]
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
[[Page 75]]
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 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 76]]
[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 x 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 x 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 77]]
[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 78]]
(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 79]]
(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 80]]
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 81]]
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 82]]
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 83]]
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 84]]
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 methods for certification and continuing
qualification of formaldehyde emission levels.
(a) Definitions. For purposes of this section, the definitions found
in 40 CFR 770.3 apply.
(b) Testing requirements. Testing of composite wood products must be
performed pursuant to the general requirements of 40 CFR 770.20(a) and
(b). Certification testing must be performed pursuant to one of the air
chamber test methods specified in 40 CFR 770.15 (ASTM E1333-14, or ASTM
D6007-14, both incorporated by reference, see Sec. 3280.4). Quarterly
testing must be performed pursuant to one of the air chamber test
methods specified in 40 CFR 770.20(c) (ASTM E1333-14 or ASTM D6007-14).
(c) Samples for testing. Samples for testing shall comply with 40
CFR 770.24.
[85 FR 5566, Jan. 31, 2020]
Sec. 3280.407 Quality control testing, manuals, facilities, and personnel.
(a) Definitions. For purposes of this section, the definitions found
in 40 CFR 770.3 apply.
(b) Quality control testing. Quality control testing is required for
hardwood plywood made with a veneer core or composite core, medium
density fiberboard, thin medium density fiberboard, and particleboard
and must be performed in accordance with the general requirements in 40
CFR 770.20(a) and by one of the test methods and at the frequency
specified in 40 CFR 770.20(b). Panels being tested with an equivalence
and correlation must be determined in accordance with 40 CFR 770.20(d).
(c) Quality control manuals, facilities, and personnel. A panel
producer must
[[Page 85]]
have a written quality control manual, must designate a quality control
facility for conducting quality control formaldehyde testing under this
section, and must designate a person as quality control manager with
adequate experience and/or training to be responsible for formaldehyde
emissions quality control consistent with 40 CFR 770.21. A panel
producer means a manufacturing plant or other facility that manufactures
(excluding facilities that solely import products) composite wood
products (hardwood plywood made with a veneer or composite core, medium-
density fiberboard, and particleboard) on the premises.
[85 FR 5566, Jan. 31, 2020]
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.
(3) In multi-story manufactured homes, the ceiling vapor retarder is
permitted to be omitted when the story directly above is part of the
same manufactured home.
(b) Exterior walls. Exterior walls must be provided with a system or
method to manage moisture and vapor accumulation with one of the
elements in paragraphs (b)(1) through (4) of this section. For purposes
of the requirement in this paragraph (b), the fire separation wall
between each attached manufactured home must be considered to be an
exterior wall. See subpart K of this part.
(1) Exterior walls shall have a vapor barrier 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
[[Page 86]]
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:
(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.
[[Page 87]]
Louisiana
All counties and locations within the State of Louisiana.
Mississippi
Adams, Amite, Claiborne, Clarke, Copiah, Covington, Forrest,
Franklin, George, Greene, Hancock, Harrison, Hinds, 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; 86 FR 2521, Jan. 12,
2021]
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
[[Page 88]]
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.
(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.
(a) The manufactured home heat loss/heat gain shall be determined by
methods outlined in Sec. Sec. 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. The Uo value zone shall be
determined from the map in figure 1 to this paragraph (a).
Figure 1 to Paragraph (a)
[[Page 89]]
[GRAPHIC] [TIFF OMITTED] TC17OC91.005
(b) 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 the Btu/(hr.) (sq. ft.) (F) of the
[[Page 90]]
manufactured home envelope are as tabulated in the table to this
paragraph (b):
Table 1 to Paragraph (b)
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
(c) To assure uniform heat transmission in manufactured homes,
cavities in exterior walls, floors, and ceilings must be provided with
thermal insulation. For insulation purposes, the fire separation wall
between each single family attached manufactured home shall be
considered an exterior wall (see subpart K of this part).
(d) 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; 86 FR 2521,
Jan. 12, 2021]
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 x [1 + (0.6) (heating efficiency increase
factor) + (cooling multiplier) (cooling efficiency increase factor)]
where:
Uo standard = Maximum Uo for Uo Zone required by Sec. 3280.506(a)
Uo adjusted = Maximum Uo standard adjusted for high efficiency HVAC
equipment
Heating efficiency increase factor = The increase factor in heating
equipment efficiency measured by the Annual Fuel Utilization
Efficiency (AFUE), or the Heating Seasonal Performance Factor
(HSPF) for heat pumps, above that required by NAECA (indicated
as ``NAECA'' in formula). The formula is heating efficiency
[[Page 91]]
increase factor = AFUE (HSPF) home - AFUE (or HSPF) NAECA
divided by AFUE (HSPF) NAECA.
Cooling efficiency increase factor = the increase factor in the cooling
equipment efficiency measured by the Seasonal Energy
Efficiency Ratio (SEER) above that required by NAECA.
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
[[Page 92]]
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
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
[[Page 93]]
between the duct and the insulation, heat loss/gain need not be
calculated if the cavity in which the duct is located is assumed to be
at living space temperature. The average temperature inside the supply
duct, including ducts installed outside the manufactured home, shall be
assumed to be 130 F for purposes of calculation of heat loss and 60 F
for heat gain.
(g) Return air cavities. Cavities used as return air plenums shall
be considered to be at living space temperature.
[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
[deg]F temperature inside the home without storm sash or insulating
glass for Zones 1 and 2, and with storm sash or insulating glass for
Zone 3 and complying with Sec. 3280.508 and Sec. 3280.509.
(c) Operating economy certification temperature. The temperature to
be specified for operating economy and energy conservation shall be 20
[deg]F or 30% of the design temperature difference, whichever is
greater, added to the temperature specified as the heating system
capacity certification temperature without storm windows or insulating
glass in Zones 1 and 2 and with storm windows or insulating glass in
Zone 3. Design temperature difference is 70[deg] 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 x 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
[[Page 94]]
manufacturer, the heat gain calculation necessary to properly size the
air conditioning equipment shall be in accordance with procedures
outlined in chapter 22 of the 1989 ASHRAE Handbook of Fundamentals, with
an assumed location and orientation. The following shall be supplied in
the Comfort Cooling Certificate:
Air Conditioner Manufacturer____________________________________________
Air Conditioner Model___________________________________________________
Certified Capacity ______ BTU/Hr. in accordance with the appropriate
Air Conditioning and Refrigeration Institute Standards
The central air conditioning system provided with this home has been
sized, assuming an orientation of the front (hitch) end of the home
facing ______ and is designed on the basis of a 75 [deg]F indoor
temperature and an outdoor temperature of __ [deg]F dry bulb and __
[deg]F wet bulb.
Example Alternate I
COMFORT COOLING CERTIFICATE
Manufactured Home Mfg___________________________________________________
Plant Location__________________________________________________________
Manufactured Home Model_________________________________________________
Air Conditioner Manufacturer____________________________________________
Certified Capacity ______ BTU/Hr. in accordance with the appropriate
Air Conditioning and Refrigeration Institute Standards.
The central air conditioning system provided with this home has been
sized assuming an orientation of the front (hitch end) of the home
facing ______. On this basis, the system is designed to maintain an
indoor temperature of 75 [deg]F when outdoor temperatures are __ [deg]F
dry bulb and __ [deg]F wet bulb.
The temperature to which this home can be cooled will change
depending upon the amount of exposure of the windows to the sun's
radiant heat. Therefore, the home's heat gains will vary dependent upon
its orientation to the sun and any permanent shading provided.
Information concerning the calculation of cooling loads at various
locations, window exposures and shadings are provided in chapter 22 of
the 1989 edition of the ASHRAE Handbook of Fundamentals.
(2) Alternative 2. For each home suitable for a central air cooling
system, the manufacturer shall provide the following statement: ``This
air distribution system of this home is suitable for the installation of
a central air conditioning system.''
Example Alternate 2
COMFORT COOLING CERTIFICATE
Manufactured Home Manufacturer__________________________________________
Plant Location__________________________________________________________
Manufactured Home Model_________________________________________________
This air distribution system of this home is suitable for the
installation of central air conditioning.
The supply air distribution system installed in this home is sized
for Manufactured Home Central Air Conditioning System of up to ______
B.T.U./Hr. rated capacity which are certified in accordance with the
appropriate Air Conditioning and Refrigeration Institute Standards. When
the air circulators of such air conditioners are rated 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.
[[Page 95]]
(c) Comfort cooling information. For each manufactured home
designated, either ``suitable for'' or ``provided with'' a central air
conditioning system, the manufacturer shall provide comfort cooling
information specific to the manufactured home necessary to complete the
cooling load calculations. The comfort cooling information shall include
a statement to read as follows:
To determine the required capacity of equipment to cool a home
efficiently and economically, a cooling load (heat gain) calculation is
required. The cooling load is dependent on the orientation, location and
the structure of the home. Central air conditioners operate most
efficiently and provide the greatest comfort when their capacity closely
approximates the calculated cooling load. Each home's air conditioner
should be sized in accordance with chapter 22 of the American Society of
Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Handbook
of Fundamentals, 1989 Edition, once the location and orientation are
known.
Information Provided by the Manufacturer Necessary To Calculate Sensible
Heat Gain
Walls (without windows and doors)............................... U
Ceilings and roofs of light color............................... U
Ceilings and roofs of dark color................................ U
Floors.......................................................... U
Air ducts in floor.............................................. U
Air ducts in ceiling............................................ U
Air ducts installed outside the home............................ U
Information necessary to calculate duct areas.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55012, Oct. 25, 1993]
Subpart G_Plumbing Systems
Sec. 3280.601 Scope.
Subpart G of this standard covers the plumbing materials, fixtures,
and equipment installed within or on manufactured homes. It is the
intent of this subpart to assure water supply, drain, waste and vent
systems which permit satisfactory functioning and provide for health and
safety under all conditions of normal use.
Sec. 3280.602 Definitions.
The following definitions are applicable to subpart G only:
Accessible, when applied to a fixture, connection, appliance or
equipment, means having access thereto, but which may require removal of
an access panel or opening of a door.
Air gap (water distribution system) means the unobstructed vertical
distance through the free atmosphere between the lowest opening from any
pipe or faucet supplying water to a tank, plumbing fixture, water
supplied appliances, or other device and the flood level rim of the
receptacle.
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.
[[Page 96]]
Developed length means that length of pipe measured along the center
line of the pipe and fittings.
Diameter, unless otherwise specifically stated, means the nominal
(inside) diameter designated commercially.
Drain means a pipe that carries waste, water, or water-borne waste
in a drainage system.
Drain connector means the removable extension, consisting of all
pipes, fittings and appurtenances, from the drain outlet to the drain
inlet serving the manufactured home.
Drain outlet means the lowest end of the main or secondary drain to
which a sewer connection is made.
Drainage system means all piping within or attached to the structure
that conveys sewage or other liquid waste to the drain outlet, not
including the drain connector.
Fixture drain means the drain from the trap of a fixture to the
junction of that drain with any other drain pipe.
Fixture supply means the water supply pipe connecting a fixture to a
branch water supply pipe or directly to a main water supply pipe.
Flood-level means the level in the receptacle over which water would
overflow to the outside of the receptacle.
Flooded means the condition which results when the liquid in a
container or receptacle rises to the flood-level.
Flush tank means that portion of a water closet that is designed to
contain sufficient water to adequately flush the fixture.
Flush valve means a device located at the bottom of a flush tank for
flushing a water closet.
Flushometer tank: means a device integrated within an air
accumulator vessel which is designed to discharge a predetermined
quantity of water to fixtures for flushing purposes.
Flushometer valve means a device which discharges a predetermined
quantity of water to a fixture for flushing purposes and is closed by
direct water pressure.
Grade means the fall (slope) of a pipe in reference to a horizontal
plane expressed in inches per foot length.
Horizontal branch means any pipe extending laterally, which receives
the discharge from one or more fixture drains and connects to the main
drain.
Horizontal pipe means any pipe or fitting which makes an angle of
not more than 45 degrees with the horizontal.
Indirect waste receptor means a receptor that receives a discharge
waste pipe that is not directly connected to a receptor but maintains a
suitable air gap between the end of the pipe and the top of the drain.
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.
[[Page 97]]
Plumbing appurtenance: means a manufactured device, or a
prefabricated assembly, or an on-the-job assembly of component parts,
and which is an adjunct to the basic piping system and plumbing system
and plumbing fixtures. An appurtenance demands no additional water
supply, nor does it add any discharge load to a fixture or the drainage
system.
Plumbing fixtures means receptacles, devices, or appliances which
are supplied with water or which receive liquid or liquid-borne wastes
for discharge into the drainage system.
Plumbing system means the water supply and distribution pipes;
plumbing fixtures, faucets and traps; soil, waste and vent pipes; and
water-treating or water-using equipment.
Primary vent. See main vent.
Relief vent means an auxiliary vent which permits additional
circulation of air in or between drainage and vent systems.
Secondary vent means any vent other than the main vent or those
serving each toilet.
Sewage means any liquid waste containing animal or vegetable matter
in suspension or solution, and may include liquids containing chemicals
in solution.
Siphonage means the loss of water seal from fixture traps resulting
from partial vacuum in the drainage system which may be of either of the
following two types, or a combination of the two:
(a) Self-siphonage resulting from vacuum in a fixture drain
generated solely by the discharge of the fixture served by that drain,
or,
(b) Induced siphonage resulting from vacuum in the drainage system
generated by the discharge of one or more fixtures other than the one
under observation.
Trap means a fitting or device designed and constructed to provide a
liquid seal that will prevent the back passage of air without materially
affecting the flow of liquid waste through it.
Trap arm means the portion of a fixture drain between a trap and its
vent.
Trap seal means the 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' 86 FR 2521, Jan. 12,
2021]
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.
[[Page 98]]
(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.
(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]
[[Page 99]]
Sec. 3280.604 Materials.
(a) Minimum standards. Materials, devices, fixtures, fittings,
equipment, appliances, appurtenances and accessories shall conform to
one of the standards in the following table and be free from defects.
Where an appropriate standard is not indicated in the table or a
standard not indicated in the table is preferred, the item may be used
if it is listed. A listing is also required when so specified in other
sections of this subpart.
(b) Where more than one standard is referenced for a particular
material or component, compliance with only one of those standards is
acceptable. Exceptions:
(1) When one of the reference standards requires evaluation of
chemical, toxicity or odor properties which are not included in the
other standard, then conformance to the applicable requirements of each
standard shall be demonstrated;
(2) When a plastic material or component is not covered by the
Standards in the following table, it 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).
[[Page 100]]
Standard Specification for Solvent Cement for Acrylonitrile-Butadiene-
Styrene (ABS) Plastic Pipe and Fittings--ASTM D2235-88.
Standard Specification for Solvent Cements for Poly (Vinyl Chloride)
(PVC) Plastic Piping Systems--ASTM D2564-91a.
Specification for Neoprene Rubber Gaskets for HUB and Spigot Cast Iron
Soil Pipe and Fittings--CISPI-HSN-85.
Plumbing System Components for Manufactured Homes and Recreational
Vehicles--ANSI/NSF 24-1988.
Material and Property Standard for Diversion Tees and Twin Waste Elbow--
IAPMO PS 9-84.
Material and Property Standard for Flexible Metallic Water Connectors--
IAPMO PS 14-89.
Material and Property Standard for Dishwasher Drain Airgaps--IAPMO PS
23-89.
Material and Property Standards for Backflow Prevention Assemblies--
IAPMO PS 31-91.
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.
[[Page 101]]
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 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
[[Page 102]]
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.
(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
[[Page 103]]
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.
(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.
[[Page 104]]
(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 [deg]F. Hot water supplied to bathtubs and whirlpool bathtubs are to
be limited to a temperature of not greater than 120 [deg]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
[[Page 105]]
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 without undue strains and stresses, and provision shall be
made for expansion, contraction, and structural settlement.
(b) Piping supports. Piping must 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 incorporated by
reference for specific materials at Sec. 3280.604(a), or unless
specified by the pipe manufacturer, horizontal plastic drainage piping
must be supported at intervals not to exceed 4 feet and horizontal
plastic water piping must be supported at intervals not to exceed 3
feet. Vertical drainage and water piping must be supported at each story
height.
(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.
[40 FR 58752, Dec. 18, 1975, as amended at 86 FR 2521, Jan. 12, 2021]
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.
[[Page 106]]
(5) Flushometer valves or manually operated flush valves. An
approved or listed vacuum breaker shall be installed and maintained in
the water supply line on the discharge side of a water closet
flushometer valve or manually operated flush valve. Vacuum breakers
shall have a minimum clearance of 6 inches above the flood level of the
fixture to the critical level mark unless otherwise permitted in their
approval.
(6) Flush tanks. Water closet flush tanks shall be equipped with an
approved or listed anti-siphon ball cock which shall be installed and
maintained with its outlet or critical level mark not less than 1 inch
above the full opening of the overflow pipe.
(7) Hose bibbs. When provided, all exterior hose bibbs and laundry
sink hose connections 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 [deg]F.
(iii) Relief valves must be provided with full-sized drains, with
cross sectional areas equivalent to that of the relief valve outlet. The
outlet of a pressure relief valve, temperature relief valve, or
combination thereof, must not be directly connected to the drainage
system. The discharge from the relief valve must be piped full size
separately to the exterior of the manufactured home, not underneath the
home, or to an indirect waste receptor located inside the manufactured
home. Exterior relief drains shall be directed down and shall terminate
between 6[sec] and 24[sec] above finished grade. Drain lines must be of
a material listed for hot water distribution and must drain fully by
gravity, must not be trapped, and must not have their outlets threaded,
and the end of the drain must be visible for inspection.
(iv) Relief valve piping designed to be located underneath the
manufactured home is not required to be installed at the factory
provided the manufacturer designs the system for site assembly and also
provides all materials and components including piping, fittings,
cement, supports, and instructions for proper site installation.
(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
[[Page 107]]
be lead-free (as defined in section 109(c)(2) of the Safe Drinking Water
Act Amendments of 1986) with solders and flux containing not more than
0.2 percent lead and pipes and pipe fittings containing not more than
8.0 percent lead.
(e) Installation of piping--(1) Minimum requirement. All piping
equipment, appurtenances, and devices shall be installed in workmanlike
manner and shall conform with the provisions and intent of this
standard.
(2) Screw pipe. Iron pipe-size brass or galvanized iron or steel
pipe fittings shall be joined with approved or listed standard pipe
threads fully engaged in the fittings. Pipe ends shall be reamed to the
full bore of the pipe. Pipe-joint compound shall be insoluble in water,
shall be nontoxic and shall be applied to male threads only.
(3) Solder fittings. Joints in copper water tubes shall be made by
the appropriate use of approved cast brass or wrought copper fittings,
properly soldered together. The surface to be soldered shall be
thoroughly cleaned bright mechanically. The joints shall be properly
fluxed and made with a solder that contains no more than 0.2 percent
lead.
(4) Flared fittings. A flaring tool shall be used to shape the ends
of flared tubing to match the flare of fittings.
(5) Plastic pipe and fittings. Plastic pipe and fittings shall be
joined by installation methods recommended by the manufacturer or in
accordance with provisions of a listed standard.
(f) Size of water supply piping--(1) Minimum size. The size of water
supply piping and branch lines shall not be less than sizes shown in the
following table:
Minimum Size Tubing and Pipe for Water Distribution Systems
------------------------------------------------------------------------
Tubing (nominal)
------------------------ Pipe iron
Number of fixtures Outer pipe size
Diameter diameter (inches)
(inches) (inches)
------------------------------------------------------------------------
1................................... *\1/4\ \3/8\ \1/2\
2................................... \3/8\ \1/2\ \1/2\
3................................... \1/2\ \5/8\ \1/2\
4................................... \1/2\ \5/8\ \1/2\
5 or more........................... \3/4\ \7/8\ \3/4\
------------------------------------------------------------------------
*6 ft maximum length.
Exceptions to table: \3/8\ inch nominal diameter or \1/2\ inch OD
minimum size for clothes washing or dishwashing machines, unless larger
size is recommended by the fixture manufacturer. \1/2\ inch nominal
diameter or \5/8\ inch OD minimum size for flushometer or metering type
valves unless otherwise specified in their listing. No galvanized screw
piping shall be less than \1/2\ inch iron pipe size.
(2) Sizing procedure. Both hot and cold water piping systems shall
be computed by the following method:
(i) Size of branch. Start at the most remote outlet on any branch of
the hot or cold water piping and progressively count towards the water
service connection, computing the total number of fixtures supplied
along each section of 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; 86 FR 2521, Jan. 12,
2021]
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.
[[Page 108]]
(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) General. Each manufactured home shall have
only one drain outlet.
(2) Clearance from drain outlet. The drain outlet shall be provided
with a minimum clearance of 3 inches in any direction from all parts of
the structure or appurtenances and with not less than 18 inches
unrestricted clearance directly in front of the drain outlet.
(3) Drain connector. The drain connector shall not be smaller than
the piping to which it is connected and shall be equipped with a water-
tight cap or plug matching the drain outlet. The cap or plug shall be
permanently attached to the manufactured home or drain outlet.
(4) Size Requirement. 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 manufactured home or between
stories of the manufactured 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
[[Page 109]]
given in Sec. 3280.611(c)(5). Not more than one trap shall connect to a
trap arm.
(g) Offsets and branch fittings--(1) Changes in direction. Changes
in direction of drainage piping shall be made by the appropriate use of
approved or listed fittings, and shall be of the following angles: 11\1/
4\, 22\1/2\, 45, 60, or 90 degrees; or other approved or listed fittings
or combinations of fittings with equivalent radius or sweep.
(2) Horizontal to vertical. Horizontal drainage lines, connecting
with a vertical pipe shall enter through 45-degree ``Y'' branches, 60-
degree ``Y'' branches, long-turn ``TY'' branches, sanitary ``T''
branches, or other approved or listed fittings or combination of
fittings having equivalent sweep. Fittings having more than one branch
at the same level shall not be used, unless the fitting is constructed
so that the discharge from any one branch cannot readily enter any other
branch. However, a double sanitary ``T'' may be used when the drain line
is increased not less than two pipe sizes.
(3) Horizontal to horizontal and vertical to horizontal. Horizontal
drainage lines connecting with other horizontal drainage lines or
vertical drainage lines connected with horizontal drainage lines shall
enter through 45-degree ``Y'' branches, long-turn ``TY'' branches, or
other approved or listed fittings or combination of fittings having
equivalent sweep.
(h) Grade of horizontal drainage piping. Except for fixture
connections on the inlet side of the trap, horizontal drainage piping
shall be run in practical alignment and have a uniform grade of not less
than \1/4\ inch per foot toward the manufactured home drain outlet.
Where it is impractical, due to the structural features or arrangement
of any manufactured home, to obtain a grade of \1/4\ inch per foot, the
pipe or piping may have a grade of not less than \1/8\ inch per foot,
when a full size cleanout is installed at the upper end.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4586, Feb. 12, 1987; 58 FR 55015, Oct. 25, 1993; 78
FR 73986, Dec. 9, 2013; 86 FR 2521, Jan. 12, 2021]
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 paragraph (c)(5) of this section for 3 inch trap arms through
a 2-inch wet vented drain that carries the waste of not more than one
[[Page 110]]
fixture. Sections of the wet vented drain that are 3 inches in diameter
are permitted to carry the waste of an unlimited number of fixtures; 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 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
[[Page 111]]
(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
(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; 86 FR 2521, Jan. 12, 2021]
Sec. 3280.612 Tests and inspection.
(a) Water system. All water piping in the water distribution system
must be subjected to a pressure test. The test must be made by
subjecting the system to air or water at 80 psi + or - 5 psi for 15
minutes without loss of pressure. The water used for the test must be
obtained from a potable water source.
(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.
[[Page 112]]
(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; 86 FR 2521, Jan. 12, 2021]
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 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).
[[Page 113]]
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.
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
[[Page 114]]
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.
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.
[[Page 115]]
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
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.
[[Page 116]]
(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 beneath the transportable sections must
be readily accessible from the exterior of the home. In multi-story
manufactured homes, the interconnections between stories must be
accessible through a panel on the exterior or interior of the
manufactured 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 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
[[Page 117]]
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 [deg]F. Metallic ball sleeve compression-type tubing
fittings shall not be used.
(2) Steel tubing joints shall be made with a double-flare in
accordance with Flares For Tubing, SAE-J533b-1972.
(g) Pipe joint compound. Screw joints shall be made up tight with
listed pipe joint compound, insoluble in liquefied petroleum gas, and
shall be applied to the male threads only.
(h) Concealed tubing. (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 must be provided on each home. The
connection must not be located beneath an exit door. Where more than one
connection is provided, the piping system must be sized to provide
adequate capacity from each supply connection.
(k) Identification of gas supply connections. Each manufactured home
must 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,
[[Page 118]]
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], with the
information shown in Figure 1 to this paragraph (k). The connector
capacity indicated on this tag must be equal to or greater than the
total Btu/hr rating of all intended gas appliances.
[GRAPHIC] [TIFF OMITTED] TR12JA21.000
(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-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
[[Page 119]]
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 horizontal gas piping must 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.
Vertical gas piping in multi-story dwelling units must be supported at
intervals of not more than 6 feet. Solid iron-pipe connection(s) must 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 must stand a pressure of three 0.2 psi
gauge for a period of not less than ten minutes without showing any drop
in pressure. Pressure must be measured with a mercury manometer or slope
gauge 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 must be isolated before the pressure tests are made. Before a
test is begun, the temperature of the ambient air and of the piping must
be approximately the same, and constant air temperature must 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.
(iii) Where gas piping between transportable sections must be made
on site, the installation instructions must contain provisions for
onsite testing for leakage consistent with the provisions in paragraph
(l)(8)(i) of this section.
[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; 86 FR 2522, Jan. 12, 2021]
Sec. 3280.706 Oil piping systems.
(a) General. The requirements of this section shall govern the
installation of all liquid fuel piping attached to any manufactured
home. None of the requirements listed in this section shall apply to the
piping in the appliance(s).
(b) Materials. All materials used for the installation extension,
alteration, or repair, of any oil piping systems shall be new and free
from defects or internal obstructions. The system shall be made of
materials having a melting point of not less than 1,450 F, except as
provided in Sec. 280.706(d) and (e). They shall consist of one or more
of the materials described in Sec. 3280.706(b) (1) through (4).
(1) Steel or wrought-iron pipe shall comply with ANSI B 36.10-1979,
Welded and Seamless Wrought Steel Pipe. Threaded copper or brass pipe in
iron pipe sizes may be used.
(2) Fittings for oil piping shall be wrought-iron, malleable iron,
steel, or brass (containing not more than 75 percent copper).
[[Page 120]]
(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 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.
[[Page 121]]
(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 must be
exhausted to the outside by a moisture/lint exhaust duct and termination
fitting. When the manufacturer supplies the clothes dryer, the exhaust
duct and termination fittings must be completely installed by the
manufacturer. If the exhaust duct system is subject to damage during
transportation, or a field connection between transportable sections is
required, complete factory installation of the exhaust duct system is
not required when the following apply:
(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
[[Page 122]]
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; 86 FR 2522, Jan. 12, 2021]
Sec. 3280.709 Installation of appliances.
(a) The installation of each appliance must conform to the terms of
its listing and the manufacturer's instructions. The manufactured home
manufacturer must leave the appliance manufacturer's instructions
attached to the appliance. Every appliance must be secured in place to
avoid displacement. For the purpose of servicing and replacement, each
appliance must be both accessible and removable.
(1) A direct vent space heating appliance is permitted to be shipped
loose for on-site installation in a basement provided the following:
(i) The heating appliance is listed for the installation.
(ii) Approved installation instructions are provided that include
requirements for completion of all gas and electrical connections and
provide for the manufacturer's inspection and/or testing of all
connections.
(iii) Approved instructions are provided to assure connection of the
vent and combustion air systems in accordance with Sec. 3280.710(b),
and to provide for the manufacturer's inspection of the systems for
compliance.
(iv) Approved installation and the manufacturer's inspection
procedures are provided for the connection of the site-installed heating
appliance to the factory-installed circulation air system and return air
systems.
(2) The procedures must include revisions to assure compliance of
the installed systems with Sec. 3280.715.
(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
[[Page 123]]
the clearances specified in the terms of their listings.
(1) Prevention of storage. The area surrounding heat producing
appliances installed in areas with interior or exterior access shall be
framed-in or guarded with noncombustible material such that the distance
from the appliance to the framing or guarding material is not greater
than three inches unless the appliance is installed in compliance with
paragraph (c)(2), of this section. When clearance required by the
listing is greater than three inches, the guard or frame shall not be
closer to the appliance than the distance provided in the listing.
(2) Clearance spaces surrounding heat producing appliances are not
required to be framed-in or guarded when:
(i) A space is designed specifically for a clothes washer or dryer;
(ii) Dimensions surrounding the appliance do not exceed three
inches; or
(iii) The manufacturer affixes either to a side of an alcove or
compartment containing the appliance, or to the appliance itself, in a
clearly visible location, a 3 x 5 adhesive backed
plastic laminated label or the equivalent which reads as follows:
``Warning''
This compartment is not to be used as a storage area. Storage of
combustible materials or containers on or near any appliance in this
compartment may create a fire hazard. Do not store such materials or
containers in this compartment.
(d) All fuel-burning appliances, except ranges, ovens, illuminating
appliances, clothes dryers, solid fuel-burning fireplaces and solid
fuel-burning fireplace stoves, shall be installed to provide for the
complete separation of the combustion system from the interior
atmosphere of the manufactured home. Combustion air inlets and flue gas
outlets shall be listed or certified 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
[[Page 124]]
air system shall include all fittings and connection ducts to the main
duct and return air system such that the installer is only required to
provide:
(i) The appliance;
(ii) Any appliance connections to the home; and
(iii) The connecting duct between the external appliance and the
fitting installed on the home by the manufacturer. The above connection
preparations by the manufacturer do not apply to supply or return air
systems designed only to accept external cooling (i.e., self contained
air conditioning systems, etc.)
(7) The installation of a self contained air conditioner comfort
cooling appliance shall meet the following requirements:
(i) The installation on a duct common with an installed heating
appliance shall require the installation of an automatic damper or other
means to prevent the cooled air from passing through the heating
appliance unless the heating appliance is certified or listed for such
application and the supply system is intended for such an application.
(ii) The installation shall prevent the flow of heated air into the
external cooling appliance and its connecting ducts to the manufactured
home supply and return air system during the operation of the heating
appliance installed in the manufactured home.
(iii) The installation shall prevent simultaneous operation of the
heating and cooling appliances.
(f) Vertical clearance above cooking top. Ranges shall have a
vertical clearance above the cooking top of not less than 24 inches.
(See Sec. 3280.204).
(g) Solid fuel-burning factory-built fireplaces and fireplace stoves
listed for use in manufactured homes may be 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
[[Page 125]]
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; 86 FR 2523, Jan. 12, 2021]
Sec. 3280.710 Venting, ventilation and combustion air.
(a) The venting as required by Sec. 3280.707(b) shall be
accomplished by one or more of the methods given in (a)(1) and (2) of
this section:
(1) An integral vent system listed or certified as part of the
appliance.
(2) A venting system consisting entirely of listed components,
including roof jack, installed in accordance with the terms of the
appliance listing and the appliance manufacturer's instructions.
(b) Venting and combustion air systems shall be installed in
accordance with the following:
(1) Components shall be securely assembled and properly aligned at
the factory in accordance with the appliance manufacturer's instructions
except vertical or horizontal sections of a fuel fired heating appliance
venting system that extend beyond the roof line or outside the wall line
may be installed at the site. Sectional venting systems shall be listed
for such applications and installed in accordance with the terms of
their listings and manufacturers' instructions. In cases where sections
of the venting system are removed for transportation, a label shall be
permanently attached to the appliance indicating the following:
Sections of the venting system have not been installed. Warning-do
not operate the appliance until all sections have been assembled and
installed in accordance with the manufacturer's instructions.
(2) Draft hood connectors shall be firmly attached to draft hood
outlets or flue collars by sheet metal screws or by equivalent effective
mechanical fasteners.
(3) Every joint of a vent, vent connector, exhaust duct and
combustion air intake shall be secure and in alignment.
(c) Venting systems shall not terminate underneath a manufactured
home.
(d) Venting systems of fuel-burning appliances must terminate at
least three feet above any motor-driven air intake discharging into
habitable rooms when located within ten feet of the air intake.
(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; 86
FR 2523, Jan. 12, 2021]
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.
[[Page 126]]
Sec. 3280.713 Accessibility.
Every appliance shall be accessible for inspection, service, repair,
and replacement without removing permanent construction. For those
purposes, inlet piping supplying the appliance shall not be considered
permanent construction. Sufficient room shall be available to enable the
operator to observe the burner, control, and ignition means while
starting the appliance.
[58 FR 55018, Oct. 25, 1993]
Sec. 3280.714 Appliances, cooling.
(a) Every air conditioning unit or a combination air conditioning
and heating unit shall be listed or certified by a nationally recognized
testing agency for the application for which the unit is intended and
installed in accordance with the terms of its listing.
(1) Mechanical air conditioners shall be rated in accordance with
the ARI Standard 210/240-89 Unitary Air Conditioning and Air Source
Unitary Heat Pump Equipment (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 [deg]F (4 [deg]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,
[[Page 127]]
listed and rated in combination for capacity and efficiency by a
nationally recognized testing agency(ies). Rating procedures shall be
based on U.S. Department of Energy test procedures.
(b) Installation and instructions. (1) The installation of each
appliance shall conform to the terms of its listing as specified on the
appliance and in the manufacturer's instructions. The installer shall
include the manufacturer's installation instructions in the manufactured
home. Appliances shall be secured in place to avoid displacement and
movement from vibration and road shock.
(2) Operating instructions shall be provided with the appliance.
(c) Fuel-burning air conditioners shall also comply with Sec.
280.707.
(d) The appliance rating plate shall be so located that it is easily
readable when the appliance is properly installed.
(e) Every installed appliance shall be accessible for inspection,
service, repair and replacement without removing permanent construction.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 58 FR 55018, Oct. 25, 1993; 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.
[[Page 128]]
In the case of application of external self contained comfort cooling
appliances or the cooling mode of combination heating/cooling
appliances, either the external ducts between the appliance and the
manufactured home supply system shall be considered part of, and shall
comply with the requirements for the refrigerated air cooling supply
duct system, or the connecting duct between the external appliance and
the mobile supply duct system shall be a part of the listed appliance.
The minimum dimension of any branch duct shall be at least 1\1/2\
inches, and of any main duct, 2\1/2\ inches.
(4) Airtightness of supply duct systems. A supply duct system shall
be considered substantially airtight when the static pressure in the
duct system, with all registers sealed and with the furnace air
circulator at high speed, is at least 80 percent of the static pressure
measured in the furnace casing, with its outlets sealed and the furnace
air circulator operating at high speed. For the purpose of this
paragraph and Sec. 3280.715(b) pressures shall be measured with a water
manometer or equivalent device calibrated to read in increments not
greater than \1/10\ inch water column.
(5) Expandable or multiple manufactured home connections. (i) An
expandable or multiple manufactured home may have ducts of the heating
system installed in the various units. The points of connection must be
so designed and constructed that when the manufactured home is fully
expanded or coupled, the resulting duct joint will conform to the
requirements of this part.
(ii) 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
[[Page 129]]
supply system outlets shall be constructed of metal in accordance with
Sec. 3280.715(a)(1) or shall be listed Class 0 or Class 1 air ducts for
those portions of the duct closer than 2 feet from the outer casing of
the appliance.
(v) Ducts applied to external appliances shall be resistant to
deteriorating environmental effects, including but not limited to
ultraviolet rays, cold weather, or moisture and shall be resistant to
insects and rodents.
(3) Sizing. The cross-sectional areas of the return air duct shall
not be less than 2 square inches for each 1,000 Btu per hour input
rating of the appliance. Dampers shall not be placed in a combination
fresh air intake and return air duct so arranged that the required
cross-sectional area will not be reduced at all possible positions of
the damper.
(4) Permanent uncloseable openings. Living areas not served by
return air ducts or closed off from the return opening of the furnace by
doors, sliding partitions, or other means shall be provided with
permanent uncloseable openings in the doors or separating partitions to
allow circulated air to return to the furnace. Such openings may be
grilled or louvered. The net free area of each opening shall be not less
than 1 square inch for every 5 square feet of total living area closed
off from the furnace by the door or partition serviced by that opening.
Undercutting doors connecting the closed-off space may be used as a
means of providing return air area. However, in the event that doors are
undercut, they shall be undercut a minimum of 2 inches and not more than
2\1/2\ inches, as measured from the top surface of the floor decking to
the bottom of the door and no more than one half of the free air area so
provided shall be counted as return air area.
(c) Joints and seams. Joints and seams of 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 [deg]F and is to be supported in accordance with the
manufacturer's instructions.
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 52 FR 4589, Feb. 12, 1987; 58 FR 55019, Oct. 25, 1993; 70
FR 72051, Nov. 30, 2005; 78 FR 73989, Dec. 9, 2013]
[[Page 130]]
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 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) Attached accessory building or structure means any awning,
cabana, deck, ramada, storage cabinet, carport, windbreak, garage, or
porch for which the attachment of such is designed by the home
manufacturer to be structurally supported by the manufactured home.
(5) 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.
(6) 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.
[[Page 131]]
(7) 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.
(8) 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.
(9) 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.
(10) 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))
(11) 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.
(12) 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.
(13) 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.
(14) Device means a unit of an electrical system that is intended to
carry but not utilize electrical energy.
(15) 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.
(16) 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.
(17) Enclosed means surrounded by a case that will prevent a person
from accidentally contacting live parts.
(18) 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.
(19) 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))
(20) Externally operable means capable of being operated without
exposing the operator to contact with live parts.
(21) 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.
(22) 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.
[[Page 132]]
(23) 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.
(24) Grounded means connected to earth or to some conducting body
that serves in place of the earth.
(25) Grounded conductor means a system or circuit conductor that is
intentionally grounded.
(26) Grounding conductor means a conductor used to connect equipment
or the grounded circuit of a wiring system to a grounding electrode or
electrodes.
(27) 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.
(28) Isolated means not readily accessible to persons unless special
means for access are used.
(29) Laundry area means an area containing or designed to contain
either a laundry tray, clothes washer and/or clothes dryer.
(30) Lighting outlet means an outlet intended for the direct
connection of a lampholder, a lighting fixture, or a pendant cord
terminating in a lampholder.
(31) 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.
(32) 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.
(33) Outlet means a point on the wiring system at which current is
taken to supply utilization equipment.
(34) 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.
(35) 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.
(36) Raintight means so constructed or protected that exposure to a
beating rain will not result in the entrance of water.
(37) 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.)
(38) 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.
(39) Receptacle outlet means an outlet where one or more receptacles
are installed.
(40) Utilization equipment means equipment that utilizes electric
energy for electronic, electromechanical, chemical, heating, lighting,
or similar purposes.
(41) 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.
(42) 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.
[[Page 133]]
(b) [Reserved]
[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979,
as amended at 78 FR 73989, Dec. 9, 2013; 86 FR 2523, Jan. 12, 2021]
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.
(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
[[Page 134]]
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
(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.
[[Page 135]]
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 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.
[[Page 136]]
(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 x length x width--[120 x (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 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
[[Page 137]]
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:
(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
[[Page 138]]
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.
(g) In bathrooms, ceiling-mounted lighting fixtures and wall-mounted
lighting fixtures must not be controlled by the same switch.
[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; 86 FR 2523, Jan.
12, 2021]
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.
[[Page 139]]
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. 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 [deg]C (140 [deg]F) shall have
circuit conductors as described in paragraphs (p) (1) and (2) of this
section:
(1) Branch-circuit conductors having an insulation suitable for the
temperature encountered shall be permitted to run directly to the
appliance.
(2) Conductors having an insulation suitable for the temperature
encountered 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
[[Page 140]]
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 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) Additional testing. Each manufactured home must be subjected to
the following tests:
(1) An electrical continuity test to assure that metallic parts are
effectively bonded;
(2) An operational test of all devices and utilization equipment,
except water heaters, electric ranges, electric furnaces, dishwashers,
clothes washers/dryers, and portable appliances, to demonstrate they are
connected and in working order; and
(3) Electrical polarity checks to determine that connections have
been made in accordance with applicable provisions of these standards
and Article 550.17 of NFPA 70-2005 (incorporated by reference, see Sec.
3280.4). Visual verification is an acceptable electrical polarity check.
[58 FR 55020, Oct. 25, 1993, as amended at 86 FR 2523, Jan. 12, 2021]
Sec. 3280.811 Calculations.
(a) The following method shall be employed in computing the supply
cord
[[Page 141]]
and distribution-panelboard load for each feeder assembly for each
manufactured home and shall be based on a 3-wire, 120/240 volt supply
with 120 volt loads balanced between the two legs of the 3-wire system.
The total load for determining power supply by this method is the
summation of:
(1) Lighting and small appliance load as calculated below:
(i) Lighting volt-amperes: Length time width of manufactured home
(outside dimensions exclusive of coupler) times 3 volt-amperes per
square foot; e.g. Length x width x 3 = lighting volt-amperes.
(ii) Small appliance volt-amperes: Number of circuits time 1,500
volt-amperes for each 20-ampere appliance receptacle circuit (see
definition of ``Appliance Portable'' with Note): e.g. Number of circuits
x 1,500 = small appliance volt-amperes.
(iii) Total volts-amperes: Lighting volts-amperes plus small
appliance = total volt-amperes.
(iv) First 3,000 total volts-amperes at 100 percent plus remainder
at 35 percent = watts to be divided by 240 volts to obtain current
(amperes) per leg.
(2) Nameplate amperes for motors and heater loads (exhaust fans, air
conditioners, electric, gas, or oil heating). Omit smaller of air
conditioning and heating except include blower motor if used as air
conditioner evaporator motor. When an air conditioner is not installed
and a 40-ampere power supply cord is provided, allow 15 amperes per leg
for air conditioning.
(3) 25 percent of current of largest motor in paragraph (a)(2) of
this section.
(4) Total of nameplate amperes for: Disposal, dishwasher, water
heater, clothes dryer, wall-mounted oven, cooking units. Where number of
these appliances exceeds three, use 75 percent of total.
(5) Derive amperes for free-standing range (as distinguished from
separate ovens and cooking units) by dividing values below by 240 volts.
------------------------------------------------------------------------
Nameplate rating (in watts) Use (in watts)
------------------------------------------------------------------------
10,000 or less............................ 80 percent of rating.
10,001 to 12,500.......................... 8,000.
12,501 to 13,500.......................... 8,400.
13,501 to 14,500.......................... 8,800.
14,501 to 15,500.......................... 9,200.
15,501 to 16,500.......................... 9,600.
16,501 to 17,500.......................... 10,000.
------------------------------------------------------------------------
(6) If outlets or circuits are provided for other than factory-
installed appliances, include the anticipated load. The following
example is given to illustrate the application of this Method of
Calculation:
Example: A manufactured home is 70 x 10 feet and has two portable
appliance circuits, a 1000 volt-ampere 240 volt heater, a 200 volt-
ampere 120 volt exhaust fan, a 400 volts-ampere 120 volt dishwasher and
a 7000 volt-ampere electric range.
------------------------------------------------------------------------
Volt-
Lighting and small appliance load ampheres
------------------------------------------------------------------------
Lighting 70 x 10 x 3.......................................... 2,100
Small Appliance............................................... 3,000
---------
Total................................................... 5,100
1st. 3,000 Volt-Ampheres at 100%.............................. 3,000
Remainder (5,100 -3,000 = 2,100, at 35%....................... 735
---------
Total................................................... 3,735
------------------------------------------------------------------------
------------------------------------------------------------------------
Amperes Amperes
per leg A per leg B
------------------------------------------------------------------------
Lighting and small Appliance...................... 15.5 15.5
Heater 240 volt................................... 4.1 4.1
Fan 120 volt...................................... 1.7 .........
Dishwasher 120 volt............................... ......... 3.3
Range............................................. 23.3 23.3
---------------------
Total....................................... 44.6 46.2
------------------------------------------------------------------------
Note: Based on the higher current calculated for either leg, use one 50-
A supply cord.
(b) The following is an optional method of calculation for lighting
and appliance loads for manufactured homes served by single 3-wire 120/
240 volt set of feeder conductors with an ampacity of 100 or greater.
The total load for determining the feeder ampacity may be computed in
accordance with the following table instead of the method previously
specified. Feeder conductors whose demand load is determined by this
optional calculation 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.
[[Page 142]]
(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]
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 x 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 x 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
[[Page 143]]
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.
(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 a rigid substructure) 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; 86 FR 2523, Jan. 12, 2021]
Sec. 3280.903 General requirements for designing the structure to
withstand transportation shock and vibration.
(a) General. The manufactured home and its transportation system (as
defined in Sec. 3280.902(f)) must withstand
[[Page 144]]
the effects of highway movement such that the home is capable of being
transported safely and installed as a habitable structure. Structural,
plumbing, mechanical, and electrical systems must be designed to
function after set-up. The home must remain weather protected during the
transportation sequence to prevent internal damage.
(b) Testing or analysis requirements. Suitability of the
transportation system and home structure to withstand the effects of
transportation must be permitted to be determined by testing, or
engineering analysis, or a combination of the two as required by
paragraphs (b)(1) and (2) of this section.
(1) Road tests. Tests must be witnessed by an independent registered
professional engineer or architect, manufacturer's IPIA or DAPIA, or by
a recognized testing organization. Such testing procedures must be part
of the manufacturer's approved design.
(2) Engineering analysis. Engineering analysis methods based on the
principles of mechanics and/or structural engineering may be used to
substantiate the adequacy of the transportation system to withstand in-
transit loading conditions. As transportation loadings are typically
critical in the longitudinal direction, analysis should, in particular,
provide emphasis on design of longitudinal structural components of the
manufactured home (e.g., main chassis girder beams, sidewalls, and rim
joists, etc.). Notwithstanding, all structural elements necessary to the
structural integrity of the manufactured home during in-transit loading
are also to be evaluated (e.g., transverse chassis members and floor
framing members, etc.).
(i)(A) The summation of the design loads in paragraphs
(b)(2)(i)(A)(1) through (3) of this section may be used to determine the
adequacy of the chassis in conjunction with the manufactured home
structure to resist in-transit loading:
(1) Dead load, the vertical load due to the weight of all structural
and non-structural components of the manufactured home at the time of
shipment.
(2) Floor load, a minimum of 3 pounds per square foot.
(3) Dynamic loading factor, (0.25)[(b2iA) + (b2iB)].
(B) However, the in-transit design loading need not exceed twice the
dead load of the manufactured home.
(ii) To determine the adequacy of individual longitudinal structural
components to resist the in-transit design loading, a load distribution
based on the relative flexural rigidity and shear stiffness of each
component may be utilized. For the purpose of loading distribution, the
sidewall may be considered to be acting as a ``deep beam'' in
conjunction with other load carrying elements in determining the
relative stiffness of the integrated structure. Further, by proper pre-
cambering of the chassis assembly, additional loading may be distributed
to the chassis, and the remaining loading may be distributed to each of
the load carrying members by the relative stiffness principle.
(iii) The analysis is also to include consideration for:
(A) Location of openings in the sidewall during transport and, when
appropriate,
provisions for reinforcement of the structure and/or chassis at the
opening.
(B) Sidewall component member sizing and joint-splice analysis
(i.e., top and bottom plates, etc.), and connections between load
carrying elements.
[86 FR 2523, Jan. 12, 2021]
Sec. 3280.904 Specific requirements for designing the transportation
system.
(a) General. The transportation system must be designed and
constructed as an integrated unit which is safe and suitable for its
specified use. In operation, the transportation system must effectively
respond to the control of the towing vehicle tracking and braking, while
traveling at applicable highway speeds and in normal highway traffic
conditions.
(b) Specific requirements--(1) Drawbar. The drawbar must be
constructed of sufficient strength, rigidity, and durability to safely
withstand those dynamic forces experienced during highway
transportation. It must be securely fastened to the manufactured home
substructure.
(2) Coupling mechanism. The coupling mechanism (which is usually of
the socket type) must be securely fastened
[[Page 145]]
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 must be equipped with a manually operated mechanism so adapted
as to prevent disengagement of the unit while in operation. The coupling
must be so designed that it can be disconnected regardless of the angle
of the manufactured home to the towing vehicle.
(3) Chassis. The chassis, in conjunction with the manufactured home
structure, must be constructed to effectively sustain the design loads.
The integrated structure must be capable of ensuring the integrity of
the complete manufactured home and ensuring against excessive
deformation of structural or finish members.
(4) Running gear assembly--(i) Design criteria. The design load used
to size running gear components must be the gross static dead weight
minus the static tongue weight supported by the drawbar. Running gear
must 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 must be designed to facilitate routine maintenance,
inspection, and replacement.
(ii) Location. Location of the running gear assembly must 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. Weights shall be checked with the home in a level position ready
for transport. The coupling weight must 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) must be capable of supporting
the running gear design loads, without exceeding maximum allowable
stresses for design spring assembly life as recommended by the spring
assembly manufacturer. The capacity of the spring system must ensure
that under maximum operating load conditions, sufficient clearance is
maintained between the tire and manufactured home's frame or structure
to permit unimpeded wheel movement and for changing tires.
(6) Axles. Axles, and their connecting hardware, must be capable of
supporting the static running gear design loads, without exceeding
maximum allowable design axle loads as recommended by the axle
manufacturer. The number and load capacity necessary to provide a safe
tow must not be less than those required to support the design load.
(i) Recycled axles. Before reuse, all axles, including all component
parts, must be reconditioned as required pursuant to a program accepted
by a nationally recognized testing agency. The recycling program must be
approved, and the axles must be labeled by a nationally recognized
testing agency. Recycled axles and their components must utilize
compatible components and be of the same size and rating as the original
equipment.
(ii) [Reserved].
(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 must be
selected, sized, and fitted to axles so that static dead load supported
by the running gear does not exceed the load capacity of the tires.
Tires must not be loaded beyond the load rating marked on the sidewall
of the tire or, in the absence of such a marking, the load rating
specified in any of the publications of any of the organizations listed
in Federal Motor Vehicle Safety Standard (FMVSS) No. 119 in 49 CFR
571.119, S5.1(b). Wheels and rims must be sized in accordance with the
tire manufacturer's recommendations as suitable for use with the tires
selected.
(i) Inflation pressure. The load and cold inflation pressure imposed
on the rim or wheel must not exceed the rim and wheel manufacturer's
instructions even if the tire has been approved for a
[[Page 146]]
higher load or inflation. Tire cold inflation pressure limitations and
the inflation pressure measurement correction for heat must be as
specified in 49 CFR 393.75(h).
(ii) Used tires. Whenever the tread depth is at least \1/16\ inch as
determined by a tread wear indicator, used tires are permitted to be
sized in accordance with 49 CFR 571.119. The determination as to whether
a used tire is acceptable must also include a visual inspection for
thermal and structural defects (e.g., dry rotting, excessive tire
sidewall splitting, etc.). Used tires with such structural defects must
not be installed on manufactured homes.
(9) Brake assemblies--(i) Braking axles. 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 must
be determined and documented by engineering analysis. Those alternatives
listed in Sec. 3280.903(c) may be accepted in place of such an
analysis. Unless substantiated in the design to the satisfaction of the
approval agency by either engineering analysis in accordance with Sec.
3280.903(a)(1) or tests in accordance with paragraph (b)(9)(ii) of this
section, there must be a minimum of two axles equipped with brake
assemblies on each manufactured home transportable section.
(ii) Stopping distance. Brakes on the towing vehicle and the
manufactured home (a drive-away/tow-away) must be capable of ensuring
that the maximum stopping distance from an initial speed of 20 miles per
hour does not exceed 35 feet in accordance with 49 CFR 393.52(d) for 2
or fewer vehicles in drive away or tow away operation.
(iii) Electrical brake wiring. Brake wiring must be provided for
each brake. The brake wire must not be less than the value specified in
the brake manufacturer's instructions. Aluminum wire, when used, must be
provided with suitable termination that is protected against corrosion.
(10) Lamps and associated wiring. Stop lamps, turn signal/lamps, and
associated wiring must meet the appropriate sections of FMVSS No. 108 in
49 CFR 571.108, which specify the performance and location of these
lamps and their wiring. The manufacturer may meet these requirements by
utilizing a temporary light/wiring harness, which has components that
meet the FMVSS No. 108. The temporary harness is permitted to be
provided by the manufactured home transportation carrier.
[40 FR 58752, Dec. 18, 1975, as amended at 86 FR 2524, Jan. 12, 2021]
Subpart K_Attached Manufactured Homes and Special Construction
Considerations
Source: 86 FR 2525, Jan. 12, 2021, unless otherwise noted.
Sec. 3280.1001 Scope.
This subpart covers the requirements for attached manufactured homes
and other related construction associated with manufactured homes not
addressed elsewhere within this part.
Sec. 3280.1002 Definitions.
The following definitions are applicable to this subpart only:
Attached manufactured home. Two or more adjacent manufactured homes
that are structurally independent from foundation to roof and with open
space on at least two sides, but which have the appearance of a physical
connection (i.e., zero lot line).
Fire separation wall. An adjoining wall of a manufactured home that
separates attached manufactured homes with a fire separation distance of
less than three feet.
Sec. 3280.1003 Attached manufactured home unit separation.
(a) Separation requirements. (1) Attached manufactured homes shall
be separated from each other by a fire separation wall of not less than
1-hour fire-resistive rating with exposure from both sides on each
attached manufactured home unit when rated based on tests in accordance
with ASTM E119-05 (incorporated by reference, see Sec. 3280.4).
(2) Fire-resistance-rated floor/ceiling and wall assemblies shall
extend to and be tight against the exterior wall, and wall assemblies
shall extend from the foundation to the underside of the roof sheathing.
[[Page 147]]
(b) Fire separation penetrations. (1) Fire rated fire separation
walls must not contain through penetrations or openings.
(2) Membrane penetrations for electrical boxes are permitted on the
living side of the wall under the following conditions:
(i) Steel electrical boxes not exceeding 16 square inches may be
installed provided that the total area of such boxes does not exceed 100
square inches in any 100 square feet wall area. Steel electrical boxes
in adjacent fire separation walls must be separated by a horizontal
distance of not less than 24 inches.
(ii) Listed 2-hour fire-resistant nonmetallic electrical boxes are
installed in accordance with the listings.
(iii) No other membrane penetrations are allowed.
(c) Continuity of walls. The fire separation walls for single-family
attached dwelling units must be continuous from the foundation to the
underside of the roof sheathing, deck, or slab and must extend the full
length of the fire separation walls.
(d) Parapets. (1) Parapets constructed in accordance with paragraph
(d)(2) of this section must be provided for attached manufactured homes
as an extension of fire separation walls in accordance with the
following:
(i) Where roof surfaces adjacent to the fire separation walls are at
the same elevation, the parapet must extend not less than 30 inches
above the roof surfaces.
(ii) Where roof surfaces adjacent to the wall or walls are at
different elevations and the higher roof is not more than 30 inches
above the lower roof surface, the parapet must not extend less than 30
inches above the lower roof surface.
(A) Parapets must be provided unless roofs are of a Class C roof
covering and the roof decking or sheathing is of noncombustible
materials or approved fire-retardant-treated wood for a distance of four
feet on each side of the common fire separation walls; or one layer of
\5/8\ inch Type X gypsum board or equivalent is installed directly
beneath the roof decking or sheathing for a distance of four feet on
each side of the fire separation walls.
(B) A parapet must not be required where roof surfaces adjacent to
the common walls are at different elevations and the higher roof is more
than 30 inches above the lower roof. The fire separation wall
construction from the lower roof to the underside of the higher roof
deck must not have less than a 1-hour fire-resistive rating. The wall
must be rated for exposure from both sides.
(2) Parapets must have the same fire resistance rating as that
required for the supporting wall or walls. On any side adjacent to a
roof surface, the parapet must have noncombustible faces for the
uppermost 18 inches, to include counter flashing and coping materials.
Where the roof slopes toward a parapet at slopes greater than \2/12\
(16.7 percent slope), the parapet must extend to the same height as any
portion of the roof within a distance of three feet, but in no case will
the height be less than 30 inches.
Sec. 3280.1004 Exterior walls.
(a) The requirements of Sec. 3280.504 for condensation control and
vapor retarder installation are required to be provided on each fire
separation wall of each attached manufactured home.
(b) The requirements of Sec. 3280.506 for heat loss/gain insulation
apply to the fire separation wall on each attached manufactured home.
Sec. 3280.1005 Electrical service.
(a) Each attached manufactured home must be supplied by only one
service.
(b) Service conductors supplying one manufactured home must not pass
through the interior of another manufactured home.
Sec. 3280.1006 Water service.
(a) Each manufactured home must have an individual water supply that
will service only that unit.
(b) Each manufactured home must have a hot water supply system that
will service only that unit.
[[Page 148]]
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.
3282.15 Exemption for recreational vehicles.
3282.16 Incorporation by reference.
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.
3282.212 Toxic Substances Control Act (TSCA) Title VI requirements.
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.
3282.257 TSCA Title VI requirements.
Subpart G_State Administrative Agencies
3282.301 General--scope.
3282.302 State plan.
3282.303 State plan--suggested provisions.
3282.304 Inadequate State plan.
3282.305 State plan approval.
3282.306 Withdrawal of State approval.
3282.307 Monitoring inspection fee establishment and distribution.
3282.308 State participation in monitoring of primary inspection
agencies.
3282.309 Formal and informal presentations of views held by SAAs.
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.
[[Page 149]]
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: 15 U.S.C. 2697, 28 U.S.C. 2461 note, 42 U.S.C. 3535(d),
5403, 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 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
[[Page 150]]
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) Attached accessory building or structure means any awning,
cabana, deck, ramada, storage cabinet, carport, windbreak, garage, or
porch for which the attachment of such is designed by the home
manufacturer to be structurally supported by the manufactured home.
(e) Certification label see label.
(f) 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.
(g) Component means any part, material or appliance which is built
in as an integral part of the manufactured home during the manufacturing
process.
(h) Cost information means information submitted by a manufacturer
under section 607 of the Act with respect to alleged cost increases
resulting from action by the Secretary, in such form as to permit the
public and the Secretary to make an informed judgment on the validity of
the manufacturer's statements. Such term includes both the
manufacturer's cost and the cost to retail purchasers.
(i) Date of manufacture means the date on which the label required
by Sec. 3282.205(c) is affixed to the manufactured home.
(j) [Reserved]
(k) Defect means a failure to comply with an applicable Federal
manufactured home safety and construction standard that renders the
manufactured home or any part or component thereof not fit for the
ordinary use for which it was intended, but does not result in an
unreasonable risk of injury or death to occupants of the affected
manufactured home. See related definitions of imminent safety hazard
(definition q), noncompliance (definition x), and serious defect
(definition ff).
[[Page 151]]
(l) 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.
(m) [Reserved]
(n) Distributor means any person engaged in the sale and
distribution of manufactured homes for resale.
(o) 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.
(p) Finished good has the meaning provided in 40 CFR 770.3.
(q) 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).
(r) 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.
(s) 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.
(t) (Same as Sec. 3280.2(a)(13).)
(u) Manufacturer means any person engaged in manufacturing or
assembling manufactured homes, including any person engaged in importing
manufactured homes for resale.
(v) (Same as Sec. 3280.2(a)(16).)
(w) 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.
(x) 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.
(y) 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).
(z) 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.
(aa) Primary Inspection Agency (PIA) means a State/or private
organization that has been accepted by the Secretary in accordance with
the requirement of subpart H of this part. There are two types of PIA:
(1) Design Approval PIA (DAPIA), which evaluates and approves or
disapproves manufactured home designs and quality control procedures,
and
(2) Production Inspection PIA (IPIA), which evaluates the ability of
manufactured home manufacturing plants to follow approved quality
control procedures and provides ongoing surveillance of the
manufacturing process. Organizations may act as one or both of these
types.
(bb) Purchaser means the first person purchasing a manufactured home
in good faith for purposes other than resale.
(cc) 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,
[[Page 152]]
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.
(dd) 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.
(ee) 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.
(ff) Secretary's agent means a party operating as an independent
contractor under a contract with HUD.
(gg) 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.
(hh) 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.
(ii) 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.
(jj) 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.
(kk) 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.
(ll) 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.
(mm) 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.
(nn) 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.
(oo) (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; 85 FR 5566,
Jan. 31, 2020; 86 FR 2525, Jan. 12, 2021]
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).
(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.
[[Page 153]]
(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) [Reserved]
(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 including an attached accessory building or
structure added by the retailer or some party other than 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 the
regulations in this part except as identified in this section and part
3280 of this chapter. The addition of any add-on or attached accessory
building or structure must not affect the ability of the manufactured
home to comply with the standards. If the addition of an add-on or
attached accessory building or structure causes the manufactured home to
fail to conform to the standards, then sale, lease, and offer for sale
or lease of the home are prohibited until the manufactured home is
brought into conformance with the standards.
(1) With the exception of attached accessory buildings or
structures, add-ons must be structurally independent and any attachment
between the home and the add-on must be for weatherproofing or cosmetic
purposes only.
(2) If an attached accessory building or structure is not
structurally independent all the following must be met for attachment to
the manufactured home:
(i) Manufactured home must be designed and constructed to
accommodate all imposed loads, including any loads imposed on the home
by the attached accessory building or structure, in accordance with part
3280 of this chapter.
(ii) Data plate must indicate that home has been designed to
accommodate the additional loads imposed by the attachment of the
attached accessory buildings or structures and must identify the design
loads.
(iii) Installation instructions shall be provided by the home
manufacturer which identifies acceptable attachment locations, indicates
design limitations for the attached accessory building or structure
including acceptable live and dead loads for which the home has been
designed to accommodate and provide support and anchorage designs as
necessary to transfer all imposed loads to the ground in accordance with
part 3285 of this chapter.
(k) A structure (including an expandable room, tip-out, or tag-along
unit) which is designed and produced as an integral part of a
manufactured home when assembled on site, is governed by
[[Page 154]]
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; 83 FR 57688, Nov. 16, 2018; 86 FR
2526, Jan. 12, 2021]
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 $3,446 for each violation, up to a
maximum of $4,307,160 for any related series of violations occurring
within one year from the date of the first violation.
[88 FR 9749, Feb. 15, 2023]
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 155]]
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 156]]
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 Sec. Sec.
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 Sec. Sec. 3282.205 and
3282.362(c).
(1) If a manufacturer wishes to certify a structure as a
manufactured home under Sec. Sec. 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 157]]
(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 158]]
more manufactured homes not in compliance with the standards under
circumstances wherein no affirmative action is needed to protect the
public interest. An add-on, including an attached accessory building or
structure which does not affect the performance and ability of the
manufactured home to comply with the standards in accordance with Sec.
3282.8(j), is not governed by this section. 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.
[[Page 159]]
(3) Alternative construction in additional models. In cases where
the Secretary grants a letter under this paragraph that is not model-
specific, the Secretary may permit the manufacturer to include the
alternative construction in additional models. In such cases, the DAPIA
shall notify the Department of additional models that incorporate the
alternative construction.
(d) Revocation. The Secretary may revoke or amend a letter issued
under paragraph (c) of this section at any time. Such revocation or
amendment will be prospective only. Where manufacturers have requested
alternative construction for research, testing or development such
alternative construction may not achieve the anticipated results.
Therefore, the Secretary may require a manufacturer to bring those homes
into compliance with the standards if, after the alternative
construction has been in use for a period of time specified by the
Secretary, these homes are not, in the Secretary's judgment, providing
the levels of safety, quality and durability which would have been
provided had the homes been built in compliance with the Standards.
(e) Notice to prospective purchasers. Manufacturers receiving
letters under paragraph (c) of this section shall provide notice to
prospective purchasers that the home does not conform to the Standards.
Such notice shall be delivered to each prospective purchase before he or
she enters into an agreement to purchase the home. The notice shall be
in the following form or in such other form as may be approved by the
Secretary:
Notice to Purchasers
The Department of Housing and Urban Development has issued a letter
to (Name of Manufacturer) concerning the homes in (location if known).
As designed, the homes do not meet Federal Manufactured Home
Construction and Safety Standards regarding (brief statement of
manufacturer's nonconformance).
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, as amended at 86 FR 2526, Jan. 12, 2021]
Sec. 3282.15 Exemption for recreational vehicles.
(a) Exemption. A recreational vehicle that meets the requirements of
this section is exempt from 24 CFR parts 3280 and 3282.
(b) Definition. A recreational vehicle is:
(1) A vehicle or vehicular structure not certified as a manufactured
home;
(2) Designed only for recreational use and not as a primary
residence or for permanent occupancy; and is either:
(i) Built and certified in accordance with either NFPA 1192
(incorporated by reference, see Sec. 3282.16) or ANSI A119.5
(incorporated by reference, see Sec. 3282.16) as provided by paragraph
(c) of this section; or
(ii) Any vehicle which is self-propelled.
(c) Notice and certification requirements. In order for the
exemption to apply to an ANSI A119.5-15 certified recreational vehicle,
a Manufacturer's Notice must be delivered to the consumer prior to the
completion of the sales transaction. The Manufacturer's Notice must also
be prominently displayed in a temporary manner in the kitchen (i.e.,
countertop or exposed cabinet face). The Manufacturer's Notice must meet
the following requirements:
(1) Title of Manufacturer's Notice. The title of the Manufacturer's
Notice shall be ``*****MANUFACTURER'S NOTICE*****'' which shall be
legible and typed using bold letters at least 1 inch in size.
[[Page 160]]
(2) Content of Notice. The content of the Manufacturer's Notice text
shall be as follows:
The Manufacturer of this unit certifies that it is a Park Model
Recreational Vehicle designed only for recreational use, and not for use
as a primary residence or for permanent occupancy. The manufacturer of
this unit further certifies that this unit has been built in accordance
with the ANSI A119.5-15 consensus standard for Park Model Recreational
Vehicles.
(3) Text of Notice. The text of the Manufacturer's Notice, aside
from the Manufacturer's Notice's title shall be legible and typed using
letters at least \1/2\ inch in size.
(4) Removal of Manufacturer's Notice. The Manufacturer's Notice
shall not be removed by any party until the entire sales transaction has
been completed.
(5) Completion of sales transaction. A sales transaction with a Park
Model Recreational Vehicle purchaser is considered completed when all
the goods and services that the dealer agreed to provide at the time the
contract was formed have been provided. Completion of a retail sale will
be at the time the dealer completes installation of the Park Model
Recreational Vehicle, if the dealer has agreed to provide the
installation, or at the time the dealer delivers the recreational
vehicle to a transporter, if the dealer has not agreed to transport or
install the Park Model Recreational Vehicle. The sale is also complete
upon delivery to the site if the dealer has not agreed to provide
installation as completion of sale.
[83 FR 57688, Nov. 16, 2018]
Sec. 3282.16 Incorporation by reference
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Department must publish a document in the
Federal Register and the material must be available to the public. All
approved material is available for inspection at the Office of
Manufactured Housing Programs, Manufactured Housing and Construction
Standards Division, U.S. Department of Housing and Urban Development,
451 7th Street SW, Room B-133, Washington, DC 20410, 202-402-5216, and
is available from the sources listed below. 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/cfr/ibr-locations.html.
(b) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, telephone number 800-344-3555, website http://
www.nfpa.org.
(1) NFPA 1192, Standard on Recreational Vehicles, 2015 Edition,
issued August 14, 2014, IBR approved for Sec. 3282.15(b).
(2) [Reserved]
(c) Recreational Vehicle Industry Association (RVIA), 1896 Preston
White Drive, Reston, VA 20191, telephone number 703-620-6003, website
http://www.rvia.org.
(1) ANSI A119.5: Park Model Recreational Vehicle Standard, 2015
Edition, ANSI-approved April 7, 2015, IBR approved for Sec. 3282.15(b).
(2) [Reserved]
[83 FR 57688, Nov. 16, 2018]
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]
[[Page 161]]
Sec. 3282.53 Service of process on foreign manufacturers and importers.
The designation of an agent required by section 612(e) of the Act,
42 U.S.C. 5411(e), shall be in writing, dated, and signed by the
manufacturer and the designated agent.
[61 FR 10860, Mar. 15, 1996]
Sec. 3282.54 Public information.
(a) General. Subject to the provisions of 24 CFR part 15 covering
the production or disclosure of material or information and the
provisions of 24 CFR part 16 at 40 FR 39729 relating to the Privacy Act,
and except as otherwise provided by paragraphs (b), (c), (d), and (e) of
this section, the Secretary may make available to the public:
(1) Any information which may indicate the existence of an imminent
safety hazard, and
(2) Any information which may indicate the failure of a manufactured
home to comply with applicable manufactured home construction and safety
standards, and
(3) Such other information as the Secretary determines is necessary
to carry out the Secretary's functions under the Act.
(b) Protected information. Data and information submitted or
otherwise provided to the Secretary or an agent of the Secretary or a
PIA or SAA which fall within the definitions of a trade secret or
confidential commercial or financial information are exempt from
disclosure under this section, only if the party submitting or providing
the information so requests under paragraph (c) of this section.
However, the Secretary may disclose such information to any person
requesting it after deletion of the portions which are exempt, or in
such combined or summary form as does not disclose the portions which
are exempt from disclosure or in its entirety in accordance with section
614 of the Act, U.S.C. 5413.
(c) Obtaining exemption. Any party submitting any information to the
Secretary in any form under this part, or otherwise in relation to the
program established by the Act shall, if the party desires the
information to be exempt from disclosure, at the time of submittal of
the information or at any time thereafter, request that the information
or any part thereof be protected from disclosure. The request for
nondisclosure shall include the basis for the request under the Act or
other authority and complete justification supporting the claim that the
material should be exempt from disclosure. The request should also
include a statement of the information in such combined or summary form
that alleged trade secrets or other protected information and the
identity of the submitting party would not be disclosed. This request
need not be made with respect to information which was submitted to the
Secretary, an SAA or a PIA prior 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
[[Page 162]]
are governed by the Act, the Administrative Procedure Act, 5 U.S.C. 551
et seq., and part 10 of this title, except that the Secretary shall
respond to a petition for rulemaking by an interested party within 180
days of receipt of the petition.
[61 FR 10860, Mar. 15, 1996]
Sec. 3282.111 Petitions for reconsideration of final rules.
(a) Definition. A petition for reconsideration of a final rule
issued by the Secretary is a request in writing from any interested
person which must be received not later than 60 days after publication
of the rule in the Federal Register. The petition shall state that it is
a petition for reconsideration of a final rule, and shall contain an
explanation as to why compliance with the rule is not practicable, is
unreasonable, or is not in the public interest. If the petitioner
requests the consideration of additional facts, the petitioner shall
state the reason they were not presented to be treated as petitions for
rulemaking.
(b) Proceedings on petitions for reconsideration. The Secretary may
grant or deny, in whole or in part, any petition for reconsideration
without further proceedings. The Secretary may issue a final decision on
reconsideration without further proceeding, or may provide such
opportunity to submit comments or information and data as the Secretary
deems appropriate.
(c) Unless the Secretary determines otherwise, the filing of a
petition under this section does not stay the effectiveness of the rule
in question.
(d) Any party seeking to challenge any rule or regulation issued
under the Act, except orders issued under section 604 42 U.S.C. 5403, if
the challenge is brought before the expiration of the 60 day period set
out in paragraph (a) of this section, shall file a timely petition for
reconsideration under this section prior to seeking any other remedy.
Sec. 3282.113 Interpretative bulletins.
When appropriate, the Secretary shall issue interpretative bulletins
interpreting the standards under the authority of Sec. 3280.9 of this
chapter or interpreting the provisions of this part. Issuance of
interpretative bulletins shall be treated as rulemaking under this
subpart C unless the Secretary deems such treatment not to be in the
public interest and the interpretation is not otherwise required to be
treated as rulemaking. All interpretative bulletins shall be indexed and
made available to the public at the Manufactured Housing Standards
Division and a copy of the index shall be published periodically in the
Federal Register.
[61 FR 10860, Mar. 15, 1996]
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
[[Page 163]]
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.
(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
[[Page 164]]
an oral presentation would be in the public interest, and so states in
the notice. A presiding officer shall preside over all oral
presentations held under this subsection. The purpose of any such
presentation shall be to gather information to allow fully informed
decision making. Informal Presentations of Views shall not be adversary
proceedings. Oral presentations shall be conducted in an informal but
orderly manner. The presiding officer shall have the duty and authority
to conduct a fair proceeding, to take all necessary action to avoid
delay, and to maintain order. In the absence of extraordinary
circumstances, the presiding officer at an oral Informal Presentation of
Views shall not require that testimony be given under an oath or
affirmation, and shall not permit either cross-examination of witnesses
by other witnesses or their representatives, or the presentation of
rebuttal testimony by persons who have already testified. The rules of
evidence prevailing in courts of law or equity shall not control the
conduct of oral Informal Presentations of Views.
(2) Within 10 days after an Informal Presentation of Views, the
presiding officer shall refer to the Secretary all documentary evidence
submitted, the transcript, if any, a summary of the issues involved and
information presented in the Informal Presentation of Views and the
presiding official's recommendations, with the rationale therefor. The
presiding officer shall make any appropriate statements concerning the
apparent veracity of witnesses or the validity of factual assertions
which may be within the competence of the presiding officer. The
Secretary shall issue a Final Determination concerning the matters at
issue within 30 days of receipt of the presiding officer's summary. The
Final Determination shall include:
(i) A statement of findings, with specific references to principal
supporting items of evidence in the record and conclusions, as well as
the reasons or bases therefor, upon all of the material issues of fact,
law, or discretion as presented on the record, and
(ii) An appropriate order. Notice of the Final Determination shall
be given in writing and transmitted by certified mail, return receipt
requested, to all participants in the presentation of views. The Final
Determination shall be conclusive, with respect to persons whose
interests were represented.
(g) Formal presentation of views. (1) A Formal Presentation of Views
is an adversary proceeding and includes an opportunity for the oral
presentation of evidence. All witnesses shall testify under oath or
affirmation, which shall be administered by the presiding officer.
Participants shall have the right to present such oral or documentary
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
[[Page 165]]
Final Determination shall be conclusive with respect to persons whose
interests were represented.
[41 FR 19852, May 13, 1976, as amended at 51 FR 34467, Sept. 29, 1986]
Sec. 3282.153 Public participation in formal or informal presentation
of views.
(a) Any interested persons may participate, in writing, in any
Formal or Informal Presentation of Views held under the provisions of
paragraph (f) or (g) of Sec. 3282.152. The presiding officer shall, to
the extent practicable, consider any such written materials.
(b) Any interested person may participate in the oral portion of any
Formal or Informal Presentation of Views held under paragraphs (f) and
(g) of Sec. 3282.152 unless the presiding officer determines that
participation should be limited or barred so as not unduly to prejudice
the rights of the parties directly involved or unnecessarily to delay
the proceedings.
[51 FR 34468, Sept. 29, 1986]
Sec. 3282.154 Petitions for formal or informal presentations of views,
and requests for extraordinary interim relief.
Any person entitled to a Formal or an Informal Presentation of Views
under paragraph (f) or paragraph (g) of Sec. 3282.152 in order to
address issues as provided for in Sec. 3282.151(a) may petition the
Secretary to initiate such a Presentation of Views. The petition may be
accompanied by a request that the Secretary provide appropriate interim
relief pending the issuance of the final determination or decision. No
interim relief will be granted unless there is a showing of
extraordinary cause. Upon receipt of a petition, the Secretary shall
grant the petition and issue the notice provided for in Sec.
3282.152(b) for Formal or Informal Presentation of Views, and may grant,
deny or defer decision on any request for interim relief.
[51 FR 34468, Sept. 29, 1986]
Sec. 3282.155 Investigations.
The procedures for investigations and investigational proceedings
are set forth in part 3800 of this chapter.
[61 FR 10442, Mar. 13, 1996]
Sec. 3282.156 Petitions for investigations.
(a) Any person may petition the Secretary in writing to open an
investigation into whether noncompliances, defects, serious defects, or
imminent safety hazards exist in manufactured homes. A petition shall
include the reasons that the petitioner believes warrant an
investigation, and it shall state any steps which have previously been
taken to remedy the situation. The petition shall include all
information 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.
[[Page 166]]
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 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,
[[Page 167]]
(10) Detailed manufacturer installation instructions including
specifications and procedures for the erection and hook-up of the home
at its permanent location, and
(11) Reports of all tests that were run to validate the conformance
of the design to the standards.
(c) The manufacturer shall submit to the DAPIA such information as
the DAPIA may require in order to carry out quality assurance manual
approvals. At a minimum, this information shall include the quality
assurance manual for which approval is sought. That manual shall include
the manufacturer's quality assurance program, an organizational chart
showing the accountability, by position, of the manufacturer's quality
control personnel, a description of production tests and test equipment
required for compliance with the standards, a station-by-station
description of the manufacturing process, a list of quality control
inspections required by the manufacturer at each station, and
identification by title of each person who will be held accountable for
each quality control inspection.
(d) Manufacturers may be required to furnish supplementary
information to the DAPIA if the design information or the quality
assurance manual is not complete or if any information is not in
accordance with accepted engineering practice.
(e) When a manufacturer wishes to make a change in an approved
design or quality assurance manual, the manufacturer shall obtain the
approval of the DAPIA which approved the design or manual prior to
production for sale. The procedures for obtaining such approval are set
out in Sec. 3282.361. 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
[[Page 168]]
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 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.
[[Page 169]]
(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 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:
[[Page 170]]
(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 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
[[Page 171]]
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
Sec. Sec. 3282.307 and 3282.454 for each transportable section of each
manufactured housing unit that it manufactures under the Federal
standards.
(b) The monitoring fee shall be paid in the form of a check made
payable to the Secretary or the Secretary's agent. The manufacturer
shall give to the IPIA (or to any other person or agency designated in
writing by the Secretary) the required check in the amount of the number
of labels, as required by Sec. 3282.365, multiplied by the amount of
the fee per transportable section of each manufactured housing unit.
[50 FR 28398, July 12, 1985]
Sec. 3282.211 Record of purchasers.
(a) Information requirements for purchasers. (1) Every manufacturer
of manufactured homes shall, for each manufactured home manufactured
under the Federal standards, provide with the manufactured home a
booklet containing at least 3 detachable cards as described in paragraph
(a)(2) of this section. On the front of the booklet, in bold faced type,
shall be printed the following language:
``Keep this booklet with your manufactured home. Title VI of the
Housing and Community Development Act of 1974 provides you with
protection against certain construction and safety hazards in your
manufactured home. To help assure your protection, the manufacturer of
your manufactured home needs the information which these cards, when
completed and mailed, will supply. If you bought your home from a
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.
Sec. 3282.212 Toxic Substances Control Act (TSCA) Title VI requirements.
Manufacturers must maintain bills of lading, invoices, or comparable
documents that include a written statement from the supplier that the
component or finished goods are TSCA Title VI compliant for a minimum of
3
[[Page 172]]
years from the date of import, purchase, or shipment, consistent with 40
CFR 770.30(c) and 770.40.
[85 FR 5566, Jan. 31, 2020]
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
(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
[[Page 173]]
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.
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.
Sec. 3282.257 TSCA Title VI requirements.
Retailers and distributors must maintain bills of lading, invoices,
or comparable documents that include a written statement from the
supplier that the component or finished goods are TSCA Title VI
compliant for a minimum of 3 years from the date of import, purchase, or
shipment, consistent with 40 CFR 770.30(c) and 770.40.
[85 FR 5567, Jan. 31, 2020]
[[Page 174]]
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
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 Sec. Sec. 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.
[[Page 175]]
(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 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
[[Page 176]]
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.