[Federal Register Volume 60, Number 178 (Thursday, September 14, 1995)]
[Rules and Regulations]
[Pages 47840-47842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22824]
[[Page 47839]]
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Part VI
Department of Housing and Urban Development
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24 CFR Part 200
Use of Materials Bulletin 101 Used in the HUD Building Product
Standards and Certification Program for Exterior Finish and Insulation
Systems (EFIS); Final Rule
Federal Register / Vol. 60, No. 178 / Thursday, September 14, 1995 /
Rules and Regulations
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[[Page 47840]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Housing--Federal Housing
Commissioner
24 CFR Part 200
[Docket FR-3365-F-02]
RIN 2502-AF84
Use of Materials Bulletin 101 Used in the HUD Building Product
Standards and Certification Program for Exterior Finish and Insulation
Systems (EFIS)
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Final rule.
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SUMMARY: This final rule adopts Use of Materials Bulletin (UM) No. 101
Exterior Finish and Insulation Systems (EFIS). The UM references
related national voluntary consensus standards, provides a labeling and
third party certification program to meet the appropriate national
voluntary standards, requires that a third-party inspection at the job
site be conducted, provides that additional information be included on
the label, tag, or mark that each manufacturer would affix to a
certified product, specifies the frequency with which products must be
tested in order to be acceptable to HUD, and requires an inspection
report regarding installation.
DATES: Effective date: Octoer 16, 1995. The incorporation by reference
of certain publications listed in the regulations is approved by the
Director of Federal Register as of August 16, 1995.
FOR FURTHER INFORMATION CONTACT: Leslie Breden, Office of Manufactured
Housing and Regulatory Functions, Standards and Products Branch,
Department of Housing and Urban Development, room 3214, L'Enfant Plaza,
490E, 451 Seventh Street SW., Mail Room B-133, Washington, DC 20410-
8000; telephone, voice: (202) 755-7440; (TDD) (202) 708-4594. (These
are not toll-free numbers.)
SUPPLEMENTARY INFORMATION: Pursuant to HUD's Building Product Standards
and Certification Program, which is authorized by Section 521 of the
National Housing Act, 12 U.S.C. 1735e, the Department issues Use of
Materials Bulletins (UM's). The UM's are issued to provide HUD
standards that establish minimum acceptable qualities for certain
materials and products to be used in properties subject to mortgages
insured by the Department. A UM is also used as a means of promulgating
a labeling and a certification program to assure that the products used
meet the appropriate standard.
On June 25, 1993 HUD published in the Federal Register (58 FR
34502) an interim rule which adopted Use of Materials Bulletin (UM) No.
101 Exterior Finish and Insulation systems (EFIS). The rule solicited
public comments. Eleven commenters sent comments.
One trade association objected to the elimination of gypsum
wallboard. It claimed other parts of the EFIS system fail and then
this, in turn, causes the wallboard to fail. The Department agrees that
when the gypsum wallboard fails, it is usually the result of a break in
the exterior envelope allowing moisture to enter the EIFS system.
However, once water gets inside the EFIS system, the paper over the
gypsum core debonds resulting in a catastrophic failure of the gypsum
wallboard and a loss of the cladding's securement to the building
structure. Therefore, the Department has referenced a standard for
fiber cement board which remains secure even when wet.
Similarly, two manufacturers desire to use a sheathing material
that does not comply with American Society for Testing and Materials C-
1186. The Department contends that the sheathing should last as long as
the mortgage and since the manufacturer will only guarantee this
product for 5 years, it was determined that 5 years is not a long
enough time for one to have confidence in the integrity of the whole
EFIS system.
One inspection agency suggested that other variables, such as
temperature and the esthetic design, should be included in the UM. The
Department feels there is a wide range of possible variables in EFIS
systems and it was not possible at this time to examine all of these
items, but the Department will continue to examine these and other
parameters to determine if they have a significant effect on the
failure of the EFIS system.
Another trade association suggested that nationally recognized
standards such as, Exterior Insulation Manufacturers Association (EIMA)
and American Society for Testing and Materials (ASTM) Standards, be
referenced in lieu of Military and Federal standards. The Department
agrees and has referenced EIMA and ASTM standards wherever possible.
One testing laboratory suggested a new water absorption test for
polystyrene foam. The Department will add this test to a future
revision of UM 101 when it is adopted by ASTM.
One manufacturer wants a wider definition of fiber cement board
than that defined by ASTM C 1186-91. The Department feels that this
would require a revision to the ASTM standard. Therefore, the
Department has recommended that the appropriate ASTM committee be
contacted for revising the existing standard.
Finally, a third party inspection agency suggested that ASTM C 578-
92 be referenced instead of ASTM C 578-91. UM 101 has been changed to
incorporate UM 71 which contains ASTM C 578-92. It also wants a better
definition of hail damage. To date, the Department has not been able to
exactly quantify what is meant by hail damage. It is investigating
establishing a knowledgeable review by peer inspectors for determining
the definition of hail damage.
The Department has evaluated the technical standards for exterior
finish and insulation systems and plans to adopt these standards by
incorporating them into the UM by reference. The UM's adoption would
also augment the labeling requirements of 24 CFR 200.935(d)(6).
The text of the UM is not being produced in the final rule because
the substance is embodied in a new section of 24 CFR 200.946 set forth
below. However, copies of the UM are available for public inspection
during regular business hours in the Office of Manufactured Housing and
Regulatory Functions, Standards and Products Branch, Department of
Housing and Urban Development, room 3214 L'Enfant Plaza, 490E, Mail
Room B-133, Washington, DC, 20410-8000, and in the Office of the Rules
Docket Clerk, Office of General Counsel, Room 10276, Department of
Housing and Urban Development, 451 Seventh Street SW., Washington, DC
20410-0500.
National Environmental Policy Act
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR Part 50,
which implement Section 102 (2)(c), of the National Environment Policy
Act of 1969, 42 U.S.C. 4321 et. seq. The Finding of No Significant
Impact is available for public inspection between 7:30 a.m. and 5:30
p.m. weekdays in the Office of the Rules Docket Clerk at the above
address.
Regulatory Flexibility Act
In accordance with 5 U.S.C. 605(b) (the Regulatory Flexibility
Act), the Undersigned hereby certifies that this rule would not have a
significant economic impact on a substantial
[[Page 47841]]
number of small entities. This UM would adopt standards that are
nationally recognized throughout the affected industry and will not
create a burden on manufacturers.
Family Impact
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this final rule does not
have potential for significant impact on family formation, maintenance,
and general well-being; therefore, it is not subject to review under
the order.
Federalism
The General Counsel, as the Designated Official under Section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this final rule would not have substantial direct effect
on states or their political subdivisions, or the relationship between
the Federal government and the states, or on the distribution of power
and responsibilities among the various levels of government. As a
result, the final rule is not subject to review under the order.
Incorporation by Reference
These standards have been approved by the Director of the Federal
Register for incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR 51. Copies of the standards may be obtained from the
American Society for Testing and Materials (ASTM), 1916 Race Street,
Philadelphia, Pennsylvania 19103; the Council of American Building
Officials, 5203 Leesburg Pike, Falls Church, Virginia 22041; & the
Exterior Insulation Manufacturers Association, 2759 State Road 580,
Suite 112, Clearwater, Florida 34621.
Copies of the standards are also available for inspection at the
Office of Manufactured Housing and Regulatory Functions, Standards and
Products Branch, Department of Housing and Urban Development, Room
3214, L'Enfant Plaza, 490E, Mail Room B-133, Washington, DC 20410-8000,
and at the Office of the Federal Register, 800 North Capital Street,
NW, Suite 700, Washington, DC.
List of Subjects in 24 CFR Part 200
Administrative Practice and Procedures, Claims, Equal Employment
Opportunity, Fair Housing, Housing Standards, Incorporation by
Reference, Lead Poisoning, Loan Programs--Housing and Community
Development, Minimum Property Standards, Mortgage Insurance,
Organization and Functions (Government agencies), Penalties, Reporting
and Recordkeeping Requirements, Social Security, Unemployment
Compensation, Wages.
Accordingly, 24 CFR Part 200 is amended as follows:
PART 200--INTRODUCTION
1. The authority citation for 24 CFR 200 continues to read as
follows:
Authority: 12 U.S.C. 1701-1715z-(18); 42 U.S.C. 1436a and
3535(d).
2. Section 200.946 is revised to read as follows:
Sec. 200.946 Building product standards and certification program for
exterior finish and insulation systems, use of Materials Bulletin UM
101.
(a) Applicable standards: (1) All Exterior Finish and Insulation
Systems shall be designed, manufactured, and tested in compliance with
the following standards:
(i) ASCE 7-93, American Society of Civil Engineers--Minimum Design
Loads for Buildings and Other Structures.
(ii) ASTM C 150-94 Standard Specification for Portland Cement.
(iii) ASTM C 920-87 Standard Specification for Elastomeric Joint
Sealants.
(iv) ASTM C-1186-91 Standard Specification for Flat Non-Asbestos
Fiber-Cement Sheets.
(v) ASTM D 579-90 Standard Specification for Greige Woven Glass
Fabrics.
(vi) ASTM-D 3273-86--(Reapproved 1991) Standard Test Method for
Resistance to Growth of Mold on the Surface of Interior Coatings in an
Environmental Chamber.
(vii) ASTM E 330-90 Standard Test Method for Structural Performance
of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air
Pressure Difference.
(viii) ASTM E 695-79 (Reapproved 1991), Standard Method of
Measuring Relative Resistance of Wall, Floor, and Roof Construction to
Impact Loading.
(ix) ASTM G 26-93 Standard Practice for Operating Light-Exposure
Apparatus (Xenon-Arc Type) With and Without Water for Exposure of
Nonmetallic Materials.
(x) Council of American Building Officials, Model Energy Code, 1993
Edition.
(xi) EIMA Test Method 101.01-95 (modified ASTM C67-91) Standard
Test Method for Freeze/Thaw Resistance of Exterior Insulation and
Finish Systems (EIFS), Class PB.
(xii) EIMA Test Method 101.02-95 (modified ASTM E331-91)--Standard
Test Method for Resistance to Water Penetration of Exterior Insulation
and Finish Systems (EIFS), Class PB.
(xiii) EIMA Test Method 101.03-95 (modified ASTM C297-91)--Standard
Test Method for Determining the Tensile Adhesion Strength of an
Exterior Insulation and Finish System (EIFS), Class PB.
(xiv) EIMA Test Method 105.01-95--Standard Test Method for Alkali
Resistance of Glass Fiber Reinforcing Mesh for Use in Exterior
Insulation and Finish Systems (EIFS), Class PB.
(xv) European Agreement Union Technical Committee--June 88--UEAtc
Directives for the Assessment of External Insulation System for Walls
(Expanded Polystyrene Insulation Faced with a Thin Rendering) Section
3.3.3.3.
(2) These standards have been approved by the Director of the
Federal Register for incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. They are available from:
(i) American Society Civil Engineers (ASCE) 345 East 47th Street,
New York, NY 10017.
(ii) American Society for Testing and Materials (ASTM), 1916 Race
Street, Philadelphia, Pennsylvania 19103;
(iii) Council of American Building Officials, 5203 Leesburg Pike,
Falls Church, Virginia 22041;
(iv) EAUTC Centre Scientifique ET Technique Du Batiment (CSTB), 84
Avenue Jesu Jaures, B.P. 02-77421 Marne-LA-Valee Cedex 2, Paris,
France.
(v) Exterior Insulation Manufacturers Association (EIMA), 2759
State Road 580, Suite 112, Clearwater, Florida 34621-3350.
(3) The standards are available also for inspection at the Office
of Manufactured Housing and Regulatory Functions, Standards and
Products Branch, Department of Housing and Urban Development, room
3214, L'Enfant Plaza, 490E, Mail Room B-133, Washington, DC 20410-8000,
and at the Office of the Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC.
(b) Labeling. Under the procedures as set forth in
Sec. 200.935(d)(6), concerning labeling of a product, the
administrator's validation mark and the manufacturer's certification of
compliance with the applied standard is required to be on the
certification label issued by the administrator to the manufacturers.
In the case of exterior wall insulation and finish systems, the
certification label containing the administrator's mark shall be
permanently affixed on the package or container of base and finish
coating materials. Further, additional information shall be included on
the certification label or mark:
[[Page 47842]]
(1) Manufacturer's name.
(2) Manufacturer's statement of conformance with UM 101.
(c) The Administrator shall visit the manufacturer's or sponsor's
facility every 6 months, to assure that the initially accepted quality
assurance procedures are being followed. At least every four years, the
Administrator also shall have the exterior wall insulation and finish
systems tested in an approved laboratory to assure that the original
performance is maintained.
(d) The administrator's (or administration-accepted inspection
agency) inspection of EFIS system installation of 5000 sq. ft. or more,
shall be made during and upon completion of the construction. Reports
of the inspection shall be made to the owner. These reports shall
state:
(1) The coverage of the finish coat per square foot for a given
volume of finish.
(2) The minimum thickness of the base and finish coatings.
(3) The fiberglass mesh is installed properly around joints and
insulation. All penetrations, including windows, flashing, etc., are
sealed; and there is a caulk and sealant continuity evaluation; and
(4) There is a caulk and sealant continuity evaluation with special
concerns on maintenance.
(d) The manufacturer shall warrant their exterior wall insulation
and finish system, including any caulks and sealants, for twenty years
against faulty performance. The warranty shall include correction of
delamination, chipping, denting, peeling, blistering, flaking, bulging,
unsightly discoloration, or other serious deterioration of the system
such as the intrusion of water through the wall or structural failure
of the system's surface materials. Should any of these defects occur,
the manufacturer shall make a pro-rata allowance for replacement or pay
the owner the amount of the allowance. The manufacturer shall not be
liable for damages or defects resulting from misuse, natural
catastrophes, or other causes beyond the control of the manufacturer.
The contractor shall provide a statement to the owner that the product
has been installed in compliance with HUD requirements and that the
manufacturer's warranty does not relieve the builder, in any way, of
responsibility under the terms of the Builder's Warranty required by
the National Housing Act, or under any other housing program.
Dated: May 11, 1995.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 95-22824 Filed 9-13-95; 8:45 am]
BILLING CODE 4210-27-P