[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Proposed Rules]
[Pages 17110-17112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7782]



[[Page 17109]]

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

Part III





Department of Housing and Urban Development





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



24 CFR Part 3280



Condensation Control for Exterior Walls of Manufactured Homes Sited in 
Humid and Fringe Climates; Proposed Rule

  Federal Register / Vol. 65, No. 62 / Thursday, March 30, 2000 / 
Proposed Rules  

[[Page 17110]]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3280

[Docket No. FR-4578-P-01]


Manufactured Home Construction and Safety Standards; Condensation 
Control for Exterior Walls of Manufactured Homes Sited in Humid and 
Fringe Climates; Notice of Proposed Regulatory Waiver

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Proposal of waiver; request for comments.

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

SUMMARY: This notice advises the public of HUD's proposal to issue a 
waiver of its regulations regarding manufactured home construction and 
safety standards. HUD may issue a final regulatory waiver after 
reviewing the public comments received in response to this notice. HUD 
proposes to waive certain provisions of these regulations when 
manufacturers, at their option, utilize the alternatives provided in 
this notice to reduce the problems currently being experienced in humid 
and fringe climate areas. Presently, there are no provisions in HUD's 
regulations that separately address condensation control and vapor 
retarder requirements for manufactured homes sited in warm, moist 
climates of the South Atlantic and Gulf Regions. The states have 
provided HUD with information that indicates there is an immediate need 
to consider alternate requirements for exterior walls in these humid 
and fringe climate areas, to prevent moisture damage due to 
condensation. HUD intends for this waiver to be in place for no more 
than 24 months, as permanent changes to the regulations are being 
considered.

DATES: Comment due date: May 1, 2000.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Regulations Division, Office of General Counsel, 
Room 10276, Department of Housing and Urban Development, 451 Seventh 
Street, SW, Washington, DC 20410-0500. Communications should refer to 
the above docket number and title. Facsimile (FAX) comments are not 
acceptable. A copy of each communication submitted will be available 
for public inspection and copying between 7:30 a.m. and 5:30 p.m. 
weekdays at the above address.

FOR FURTHER INFORMATION CONTACT: Rebecca J. Holtz, Acting Director, 
Office of Consumer and Regulatory Affairs, Room 9146, Department of 
Housing and Urban Development, 451 Seventh Street SW, Washington, DC 
20410-8000; telephone (202) 708-0502 (this is not a toll-free telephone 
number). Hearing or speech-impaired individuals may access this 
telephone number via TTY by calling the toll-free Federal Information 
Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    Manufacturers and State Administrative Agencies (SAAs) in 
southeastern States have recently reported an increase in the number 
and severity of consumer complaints caused primarily by moisture build-
up and condensation in homes located in the south. They suggest this 
increase in complaints coincides with the Department's implementing 
more stringent energy efficiency requirements in its regulations 
regarding manufactured home construction and safety standards located 
at 24 CFR part 3280 (referred to as the ``Standards'').
    At present, the Standards at 24 CFR 3280.504 do not distinguish 
between climates for requirements for condensation control and 
installation of vapor retarders. Thus, for example, the Standards do 
not separately address homes placed in humid and fringe environments or 
climates, which are predominantly located in the southeastern part of 
the United States. In these climates, it may be beneficial to prevent 
the outside, moisture laden air from entering through the warm 
(exterior) side of the home's exterior wall and condensing and 
collecting on the cold (living space or interior) side of the wall 
assembly. One means of preventing moisture from entering the exterior 
wall cavity from the outside, would be to install a vapor retarder on 
the warm or exterior side of the wall instead of on the interior or 
living space side of the exterior wall.
    The interior surface of the exterior wall should also then be 
constructed of a permeable material. This would permit any moisture-
laden air that may have entered the wall cavity through a discontinuity 
in the exterior vapor retarder to be dissipated through the interior 
permeable material. In such cases, use of vapor retarder paints, vinyl 
covered gypsum wallboard, or other impermeable materials or finishes on 
the interior side of exterior walls would be detrimental, because they 
would trap moisture within the wall.

II. This Notice

    To address these concerns, HUD is considering issuing a waiver to 
the current condensation control and vapor barrier installation 
requirements for exterior walls in humid and fringe climates. 
Specifically, this waiver would allow for manufacturers, in humid and 
fringe climates, to install the vapor retarder on the exterior rather 
than interior or living space side of the exterior wall. The proposed 
waiver will permit manufacturers to locate the vapor retarder on the 
exterior side of the wall assembly provided there is no vapor retarder 
on the interior and the interior finish or interior wall panels are 
designed with a three perms or higher rating. The waiver will also 
require manufacturers to add a statement and a map to the data plate 
indicating that the home is only suitable for installation in humid and 
fringe climates and provide a map to designate the acceptable 
locations.
    The Department intends for the final waiver to be effective for a 
period not to exceed 24 months. This will permit the Department to 
consider recommendations received from the National Fire Protection 
Association (NFPA), research, field data obtained from the use of this 
waiver, and other information to effectuate changes to the standards of 
a more permanent nature.

III. NFPA Consensus Standards Process

    HUD has designated the NFPA to undertake a consensus process in 
developing recommendations for new manufactured housing standards. 
Participants in the NFPA process met in December 1999, to discuss 
comments received on recommended standards changes. One such 
recommendation that was discussed involved changes to HUD's regulation 
at 24 CFR 3280.504(b)(1) for homes sited in ``humid climates'' or 
``fringe climates'' as set forth in figure 16, Chapter 21, 1989 ASHRAE 
Handbook of Fundamentals. (The Humid and Fringe Climate Map being 
proposed in this waiver is based on figure 16 in ASHRAE.) HUD looks 
forward to receiving the results of the consensus process and does not 
intend for this proposed waiver to undermine a consensus approach to 
standards revisions on this matter.

IV. Alternative Methods

    This proposed waiver is not intended to limit alternate approaches 
by manufactured home producers in utilizing other solutions to assure 
that homes built and sited in warm humid and fringe climates are 
durable and free of moisture related problems. Other methods of 
moisture control that meet the intent of the 24 CFR part 3280 and this 
proposed waiver may be submitted for review and consideration in 
accordance with 24 CFR 3282.14

[[Page 17111]]

(entitled ``Alternate Construction of Manufactured Homes'').

V. Comments Requested

    Comments are specifically requested on the Department's decision to 
proceed with a waiver in warm humid and fringe climates to permit the 
vapor retarder to be located on the warm side of exterior walls.

VI. Proposed Waiver

    In accordance with 24 CFR 3280.8, the Secretary hereby proposes to 
waive the specific requirements of 24 CFR 3280.504(b)(1) for homes to 
be sited in a humid or fringe climate as identified in section VI.F. of 
this waiver. Manufacturers who elect to utilize this alternative rather 
than to follow the requirements of the existing standards in 24 CFR 
3280.504(b)(1), must produce homes in accordance with the following 
requirements (all other requirements of the Standards continue to 
apply):
    A. Exterior walls must be constructed with a vapor retarder of not 
greater than 1.0 perm (dry cup method) or an exterior finish and 
sheathing with a combined permeance of not greater than 1.0 perm 
installed on the exterior (warm side) of the wall assembly.
    B. The interior finish and interior wall panel materials shall be 
designed to have a combined vapor permeance greater than 3.0 perms (dry 
cup method). Vapor retarder paint, vinyl covered gypsum wall panels, 
and other impermeable interior surfaces or finishes that have a 
combined rating less than 3.0 perms (dry cup method) shall be 
prohibited.
    C. Exterior wall cavities shall not be ventilated to the outdoors.
    D. An additional statement shall be provided on the data plate 
required by 24 CFR 3280.5 that indicates: ``As designed and 
constructed, this home is suitable for installation only in humid and 
fringe climates as shown on the Humid and Fringe Climate Map provided 
with this data plate.'' The statement is to be typed in bold face using 
letters at least \1/4\ inch in size.
    E. A reproduction of the following Humid and Fringe Climate Map is 
to be provided on the data plate.
[GRAPHIC] [TIFF OMITTED] TR30MR00.031

    F. The following areas of local governments (listed by State) are 
deemed to be within the humid and fringe climate areas shown on the 
Humid and Fringe Climate Map, and this waiver would apply to homes 
built to be sited within these jurisdictions:

Alabama

    Baldwin, Barbour, Bullock, Butler, Chootaw, Clarke, Cofee, 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, GlynnWayne, Grady, Irwin, Jeff Davis, Lanier, Lee, 
Liberty, Long, Lowndes, McIntosh, Miller, Mitchell, Pierce, Quitman,

[[Page 17112]]

Randolph, Seminole, Tattnall, Terrell, Thomas, Tift, Turner, Ware, 
Worth.

Louisiana

    All counties and locations within the State of Louisiana.

Mississippi

    Adams, Amite, Clairborne, Clarke, Copiah, Covington, Forrest, 
Franklin, George, Greene, Hancock, Harrison, Hinds, Issaquena, Jackson, 
Jasper, Jefferson, Jefferson Davis, Jones, Lamar, Lawrence, Lincoln, 
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, Gavelston, 
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 Augistine, 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.

    Dated: March 23, 2000.
William C. Apgar,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 00-7782 Filed 3-29-00; 8:45 am]
BILLING CODE 4210-27-P