[Federal Register Volume 67, Number 53 (Tuesday, March 19, 2002)]
[Rules and Regulations]
[Pages 12812-12818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6026]



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Part X





Department of Housing and Urban Development





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24 CFR Parts 3280 and 3282



Manufactured Home Construction and Safety Standards: Smoke Alarms; 
Final Rule

  Federal Register / Vol. 67, No. 53 / Tuesday, March 19, 2002 / Rules 
and Regulations  

[[Page 12812]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 3280 and 3282

[Docket No. FR-4552-F-02]
RIN 2502-AH48


Manufactured Home Construction and Safety Standards: Smoke Alarms

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

ACTION: Final rule.

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SUMMARY: This rule amends the Federal Manufactured Home Construction 
and Safety Standards to revise the requirements for the location and 
placement of smoke alarms. The purposes of these amendments are to 
improve the effectiveness and performance of smoke alarms in early 
warning detection of manufactured home fires and to reduce the rate of 
fire fatalities in new manufactured housing.

EFFECTIVE DATE: September 16, 2002. The incorporation by reference of 
certain publications in this rule is approved by the Director of the 
Federal Register as of September 16, 2002. Manufacturers are not 
required to modify their floor plans and wiring diagrams and obtain 
DAPIA approval until March 19, 2003. In those cases where modified 
DAPIA-approved designs are not available, IPIAs will use this rule, 
rather than DAPIA-approved designs, to inspect smoke alarm placement 
and interconnection until March 19, 2003.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Cocke, Acting Director, 
Office of Consumer and Regulatory Affairs, Room 9156, U.S. Department 
of Housing and Urban Development, 451 Seventh Street, SW, Washington, 
DC 20410; telephone (202) 708-0502 (this is not a toll-free number). 
Persons who have difficulty hearing or speaking may access this number 
via TTY by calling the toll-free Federal Information Relay Service at 
(800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 18, 2000, the Department published a proposed rule to amend 
the Federal Manufactured Home Construction and Safety Standards 
(Standards) to revise the requirements for location and placement of 
smoke alarms. The amendments will improve the effectiveness and 
performance of smoke alarms in early warning detection of manufactured 
home fires and, as a result, reduce the rate of fire fatalities in new 
manufactured housing.
    One of the most significant factors in reducing fire-related 
fatalities in manufactured homes, from the perspective of fire safety, 
is the requirement in the Standards for the installation of permanently 
wired smoke detectors in manufactured homes (24 CFR 3280.208). The 
enforcement program for this requirement is designed to ensure that a 
manufactured home is not labeled or shipped without such smoke alarms. 
Nevertheless, fire data studies conducted for HUD by the National Fire 
Protection Association (NFPA) have continued to indicate that in about 
35-40% of manufactured home fires occurring in post-standard 
manufactured homes, smoke alarms were not present or operational.
    This fact suggests a high rate of occupant disabling of smoke 
alarms. This may be a result of frequent false and nuisance alarms 
caused, for example, by the close proximity of these devices to cooking 
appliances. In addition, findings from the National Smoke Detector 
Project conducted by the Consumer Product Safety Commission (CPSC) 
indicated that for all homes investigated only about 70% of the smoke 
alarms were working. For permanently wired smoke alarms, the type used 
in HUD code manufactured homes, the CPSC study estimated the number of 
working smoke detectors to be approximately 85%.
    The NFPA also reported that the rate of fire fatalities for all 
manufactured homes was cut nearly in half when alarms were operational. 
This emphasizes the importance of reducing the occupant-disabling 
problem and improving the reliability and effectiveness of smoke 
alarms.
    HUD had previously designated the NFPA to undertake a consensus 
process to develop recommendations for revising and updating the 
manufactured housing standards. The Department has received a proposal 
(TIA 97-1) and the NFPA 501 Standard (1999, 2000 editions) developed 
through that process. The proposal and relevant provisions in NFPA 501 
contain recommendations to revise the present smoke alarm requirements 
in HUD's Standards. The Department also commissioned the National 
Institute of Standards and Technology (NIST) to evaluate the adequacy 
of the current requirements for smoke alarms in the Standards and to 
recommend alternatives that are consistent with national fire safety 
standards for other types of housing and that would reduce the 
incidence of nuisance alarms.
    The findings and recommendations from the NFPA and NIST evaluations 
are compatible, and together with comments received from the public 
have formed the basis for the revised smoke alarm requirements 
contained in this final rule.
    As a result of the implementation of the final rule, the percentage 
of manufactured homes without smoke alarms or without functioning smoke 
alarms is expected to gradually reduce over time, as homes complying 
with the new requirements replace older homes in the inventory. The 
Department projects that it will take between 20-32 years to replace 
all occupied manufactured homes in the existing inventory. (Based on 
the 1999 American Housing Survey, there are approximately 8 million 
occupied manufactured homes; the estimate of 20-32 years assumes 
between 250,000-400,000 manufactured homes produced annually and that 
homes are being replaced at approximately the same rate as they are 
entering the inventory.) The increased presence of working smoke alarms 
resulting from the final rule is expected to save as many as 30 lives 
annually, when the current inventory of homes has been replaced.
    The above is based on an estimate of 100 fire deaths a year in HUD 
code homes of which 60%, or 60, fatalities occur in fires without 
functioning smoke alarms. The presence of functioning smoke alarms 
reduces the chances of dying in a fire by 50%. The likelihood that 
about 1 out of 6 smoke alarms may not be working or functioning has 
already been accounted for in these estimates. Hence an estimate of 30 
lives saved annually by the full implementation of the final rule.
    The revisions made in the final rule are also consistent with the 
revised purposes of the National Manufactured Housing Construction and 
Safety Standards Act of 1974 (Act), including ``to protect the quality, 
durability, safety, and affordability of manufactured homes;'' and ``to 
provide for the establishment of practical, uniform, and to the extent 
possible, performance-based Federal construction standards for 
manufactured homes;'' (42 U.S.C. 5401).

II. Analysis of Public Comments

    The Department received 18 comments in response to the proposed 
rule. The commenters can generally be characterized as follows:

Home manufacturers (2)
Industry groups (3)
DAPIA (1)
Governmental agencies (3)
Individuals (1)
Fire officials (4)
Housing authorities (2)
Private standards groups (1)

[[Page 12813]]

National Associations (1)

    All of the comments were generally supportive of the need to update 
and revise the Standards to improve smoke alarm performance in 
manufactured homes. However, many of the commenters did suggest changes 
to the proposed rule, a number of which are incorporated in this final 
rule. Some of the following comments were submitted by multiple 
commenters:
    Comment: The prescriptive aspects of the proposed rule should be 
replaced with performance requirements.
    Response: The prescriptive aspects of the proposed rule have been 
removed from the final rule where it was possible to do so without 
compromising the desired effect of the requirement. For example, HUD 
has replaced specific restrictions on locating alarms with performance-
oriented criteria in Sec. 3280.208(b)(3); thus the rule no longer needs 
to specify that locations within 3 feet of a door to a kitchen or a 
door to a bathroom are prohibited. In addition, locations for mounting 
a smoke alarm in a stairway are more general, requirements for visible 
and tactile appliances no longer specify location within 16 feet of a 
pillow, and the prohibition on location in specified extreme 
temperatures and climates has been replaced with a reference to the 
terms of the listing for the smoke alarm. Finally, the rule does not 
specify locations for smoke alarms within a room unless needed for 
proper operation, such as when they are mounted on a peaked sloping or 
a shed sloping ceiling.
    Comment: HUD should consider adopting the NFPA 501 provisions for 
smoke alarms.
    Response: As explained in the preambles of the proposed rule and 
this rule, the Department has considered and largely based the final 
rule on the provisions of the NFPA 501 Standard. In addition, as a 
result of comments provided by NFPA, the final rule updates proposed 
referenced standards in Sec. 3280.208(a); clarifies stairway location 
requirements for smoke alarms for upper stories and basements; adds 
provisions in Sec. 3280.208(b) for the installation of a junction box 
for basement designs; and requires smoke alarms to be tested 
operationally in Sec. 3280.208(f) and, if the alarm does not function 
as designed, to be replaced if it does not function properly in the 
first retest. A further suggestion of the NFPA--to incorporate by 
reference the UL 1971 (Signaling Devices for Hearing Impaired, 1995) 
standard--will be referred to the Consensus Committee mandated by the 
Manufactured Housing Improvement Act of 2000 (Title VI, Pub. L. 106-
569, approved December 27, 2000). Although HUD agrees with the value of 
establishing such a standard, it cannot be included as part of the 
final rule because no such standard had been proposed for comment 
previously.
    Comment: The term ``living room'' should be changed to ``living 
area'' to avoid confusion about where the smoke alarm is to be located 
when no specific living room is designated adjacent to a kitchen, e.g., 
when a kitchen is located between two living areas such as a ``great 
room'' and a family room. Also, clarify that only one smoke alarm is 
required to protect the ``combined'' living area and kitchen space, 
when this design configuration occurs.
    Response: HUD has revised the final rule to reference ``living 
area.'' Because the rule now reads as requiring at least one alarm to 
protect the location that includes both the living area and kitchen 
space, HUD believes it is clear that only one smoke alarm is required 
to protect these areas. Whenever possible, the alarm should be located 
in the living area remote from the kitchen and cooking appliances.
    Fires that cause fatalities in residential and manufactured homes 
frequently start in the living and kitchen areas. HUD is interested in 
continuing to receive comments on whether a smoke alarm should be 
installed in both the kitchen and living area when those areas are 
separated or isolated from each other by full-height doors and walls. 
For example, if the smoke alarm is installed in the living room and a 
door is closed between the kitchen and living room, the alert time of 
an unattended fire in the kitchen may be delayed. In these 
configurations, manufacturers should consider if the effectiveness of 
the alarm is impaired, and if an additional smoke alarm should be 
installed to protect the kitchen area. Any comments on this issue will 
be referred to the Consensus Committee for its consideration.
    Comment: Manufacturers do not know if rooms not designed for 
sleeping are actually used as bedrooms, and should only be accountable 
for installing smoke alarms in rooms designed for sleeping.
    Response: HUD agrees, and the requirement for installing smoke 
alarms has been revised in Sec. 3280.208(b)(1)(ii) to read ``in each 
room designed for sleeping.''
    Comment: The cost analysis did not include costs to revise designs 
and modify production lines, costs to replace or repair alarms that do 
not function, increased installation costs to purchasers, and increased 
enforcement costs. Breaker and crossover provisions could also result 
in additional costs.
    Response: The cost analysis for the final rule does consider 
increased costs for updating floor plans and electrical wiring 
diagrams. However, the Department does not agree that other 
considerations mentioned in the comments result in significant changes 
to current production practices by manufacturers or inspections by 
IPIAs. The Department also believes any additional breaker or crossover 
costs will be offset by permitting more than one smoke alarm to be 
installed on an electrical circuit. The section of the preamble 
entitled ``Impact on Small Entities'' also addresses comments on the 
cost analysis.
    Comment: Do not eliminate the requirement to also have a smoke 
alarm in hallways that lead to sleeping rooms.
    Response: The Department recognizes that an additional alarm in the 
hallway areas leading to bedrooms may provide more protection, but 
believes that the requirement for installing an alarm in each bedroom 
that is also interconnected provides appropriate enhanced protection 
for sleeping occupants.
    Comment: Manufacturers need adequate lead time to redesign floor 
plans for the new smoke alarm requirements.
    Response: The effective date of the final rule extends the period 
of time for revising floor plans and electrical wiring diagrams and for 
obtaining DAPIA approval. Manufacturers have up to 1 year from the date 
of publication of today's rule before they must modify their current 
designs.
    Comment: The rule should permit multiple alarms to be placed on the 
same electrical circuit.
    Response: The final rule clarifies that multiple alarms may be 
placed on the same circuit, in Sec. 3280.208(d)(2).
    Comment: Ten-year batteries with an interconnection feature may 
never be available and may, in fact, have to be designed for additional 
service life because of the interconnection requirement. The present 
batteries are barely capable of lasting 10 years even without 
considering the added circuitry required for interconnection of alarms. 
Testing has been going on for about 7 years and has only been conducted 
on ionization chamber-type alarms; therefore, it is premature to 
mandate the use of battery-type alarms.
    Response: HUD agrees that batteries are likely to have to be 
designed for additional shelf life for interconnection requirements. 
But HUD also believes that making this alternative available

[[Page 12814]]

will encourage the development of the technology.
    Comment: Smoke alarms for homes designed to be installed over a 
basement should be permitted to be shipped loose.
    Response: HUD agrees, and Sec. 3280.208(b) has been revised 
accordingly in the final rule.
    Comment: If a sales contract entered into with a purchaser is for a 
home on display at a retail sales lot, a manufacturer would not be 
aware at the time of production of any special needs for visible and 
tactile appliances.
    Response: HUD agrees, and the final rule has been revised to 
require the manufacturer to install visible and tactile devices only if 
notified by the purchaser or retailer before the home enters the first 
stage of production at the factory.
    Comment: The location in the proposed rule for providing the smoke 
alarm manufacturers' instructions is ambiguous and should be replaced 
with a requirement for the instructions to be temporarily mounted to a 
cabinet or countertop in the kitchen.
    Response: The final rule requires that the information be provided 
in the same manner and location as the consumer manual required by 24 
CFR Sec. 3282.207. While it is not required, manufacturers may 
incorporate the information into the consumer manual.
    Comment: Washing dirty smoke alarms will prevent false alarms.
    Response: Each smoke alarm manufacturer determines appropriate 
maintenance recommendations to include in its instructions.
    Comment: HUD should consider applying the new rule for smoke alarms 
to existing homes, including those covered by HUD's Section 8 Program.
    Response: HUD's authority under the Act does not extend to 
establishing regulations for used manufactured homes. However, this 
comment will be forwarded to the Section 8 Housing Office at HUD for 
consideration under its operating authority.
    Comment: The home manufacturer should be allowed to recess mount 
the detector in the ceiling or wall so that it is flush with the 
ceiling or wall, making it more difficult to tamper with.
    Response: This rule does not prohibit recess mounting of alarms if 
such mounting is permitted by the terms of the listing and does not 
impair the alarm's effectiveness.
    Comment: HUD is encouraged to disseminate the ``Guide for Proper 
Use of Residential Smoke Alarms''.
    Response: HUD does not require, but encourages dissemination of 
this guide, which was developed by the National Electrical 
Manufacturers Association, in conjunction with other fire service 
organizations. NEMA can be contacted at 1300 N. 17th Street, Suite 
1847, Rosslyn, VA 22209. Telephone: (703) 841-5900.
    Comment: Manufacturers of smoke alarms should be encouraged to 
produce combined smoke alarms, weather alert radios, and home intrusion 
sensor alarms.
    Response: This suggestion will be forwarded to the Consensus 
Committee for its consideration when the committee has been 
established.

III. Section-by-Section Revisions

    The final rule changes the current requirements as follows:
    (a) The location of where smoke alarms are to be located is changed 
from outside the bedroom areas to inside each room designed for 
sleeping;
    (b) A dedicated smoke alarm to specifically protect the living and 
kitchen area is now required;
    (c) The smoke alarm must be of the photoelectric type or 
incorporate a temporary silencing feature if mounted within 20 feet of 
a cooking appliance;
    (d) A smoke alarm must be provided at a stairway to an upper level 
or basement;
    (e) Mounting and location requirements for smoke alarms in rooms 
with sloping or peaked ceilings are changed to be consistent with other 
model and fire code requirements for single family housing;
    (f) Smoke alarms must be interconnected so that activation of one 
alarm causes all alarms to be activated;
    (g) Provisions for special devices for hearing and visually 
impaired persons are added;
    (h) Manufacturers must operationally test each smoke alarm at the 
factory, provide installers with instructions on how to inspect and 
retest each alarm during installation of the home, and provide 
homeowners with operating and testing information from the alarm 
manufacturer; and,
    (i) Each smoke alarm must be both permanently wired and be provided 
with battery back-up to operate in the event of a power outage.
    The following is a summary of the major changes from the proposed 
rule and revisions to the existing requirements being made in the final 
rule:
    1. Section 3280.202 replaces the term ``smoke detector'' with the 
term ``smoke alarm''. While these terms are commonly used 
interchangeably, other housing codes generally define a ``smoke 
detector'' as a device that detects visible or invisible particles of 
combustion but does not include an alarm. By contrast, a ``smoke 
alarm'' is a self-contained unit that is responsive to smoke and 
incorporates a sensor, controls, and an alarm-sounding device. A 
conforming change is made in Sec. 3280.112. The rule also deletes the 
definition of ``single-station alarm device'' because the term is not 
necessary. Additionally, the rule defines a ``tactile notification 
appliance'' in Sec. 3280.202 as ``a notification appliance that alerts 
by the sense of touch or vibration.''
    2. The standards proposed to be incorporated in Sec. 3280.208(a) 
have been updated to refer to the most recent version of the 
incorporated standard.
    3. Section 3280.208(b)(1)(i) now clarifies that manufacturers are 
required to install at least one smoke alarm to protect the living and 
kitchen areas, whether the areas are separate or combined. If a smoke 
alarm is installed within 20 feet of a cooking appliance, the rule also 
requires either that the smoke alarm include a temporary silencing 
feature (hush button) to provide consumers with a mechanism to shut off 
the alarm temporarily, usually for about 15-20 minutes (e.g., if the 
alarm sounds frequently during periods of cooking), or that the smoke 
alarm be of a photoelectric-type, which is less sensitive to cooking 
fumes. Whenever possible, the alarm should be located in the living 
area remote from the kitchen and cooking appliances.
    4. Section 3280.208(b)(1)(ii) clarifies that manufacturers are to 
install a smoke alarm in each room ``designed for sleeping'', rather 
than outside each bedroom area, because occupants are most vulnerable 
when asleep.
    5. Section 3280.208(b)(1)(iii) permits, exclusive of the basement, 
the required stairway smoke alarms in multistory homes to be installed 
on the ceiling near the top of a stairway or above the stairway, for 
the field installation and interconnection of the required smoke alarm. 
A separate requirement is established in Sec. 3280.208(b)(2) for 
basement alarms.
    6. Section 3280.208(b)(2) requires each manufacturer to provide, 
but not necessarily to install, a smoke alarm for every home designed 
to be placed over a basement. In addition, the manufacturer must 
install at the factory an electrical junction box that accommodates the 
installation and interconnection of the basement smoke alarm. The 
instructions and information provided by the manufacturer for the 
installer and homeowner must make it clear that a smoke alarm should be 
installed on the basement ceiling near the stairway.

[[Page 12815]]

    7. Section 3280.208(b)(3) omits some of the specific locations in 
which smoke alarms could not be placed under the proposed rule, in 
favor of performance-oriented requirements.
    8. Section 3280.208(c)(1) permits manufacturers to mount smoke 
alarms on ceilings. This helps manufacturers to avoid other locations 
that may be more vulnerable to false alarms and is consistent with 
locations permitted by model residential fire and building codes.
    9. Sections 3280.208(c)(2) and (3) include mounting and location 
requirements for smoke alarms located on sloping ceilings, and 
distinguish between peaked sloping and shed sloping ceilings. The 
revisions from the proposed rule are needed to maximize the 
effectiveness and proper operation of smoke alarms mounted in these 
locations and are consistent with requirements of model residential 
fire and building codes.
    10. Sections 3280.208(d)(1)(i) and (ii) require each smoke alarm to 
be powered by the home's electrical system and be provided with a 
battery back-up, or, alternatively, to be powered by a battery with a 
10-year life.
    11. Section 3280.208(d)(2) clarifies that more than one smoke alarm 
may be placed on the same electrical circuit.
    12. Section 3280.208(d)(3) requires that the mandated smoke alarms 
be interconnected so that the operation of any one of those alarms 
activates all other required alarms in the home.
    13. Section 3280.208(e) now requires manufacturers to provide 
visible and tactile notification appliances, in addition to the smoke 
alarms otherwise required, but only if ordered by the purchaser or 
retailer before the home enters the first stage of production. A 
proposed prescriptive requirement for the location of a visible 
notification appliance in a room designed for sleeping has been deleted 
as unnecessary.
    14. In order to avoid damaging smoke alarms, Sec. 3280.208(f)(1) 
now provides that operational tests are to be performed after 
dielectric testing is conducted. The rule also clarifies that retesting 
is required when an alarm does not function, and provides that an alarm 
must be replaced if it still does not function properly after being 
retested.
    15. Section 3280.208(f)(3) requires that the smoke alarm 
manufacturer's information describing the operation, maintenance, and 
testing of the alarm be provided in the same manner and location as the 
consumer manual required under 24 CFR Sec. 3282.207.
    16. A conforming change is made in terminology used in 24 CFR part 
3282, substituting ``alarms'' for ``detectors''.

IV. Findings and Certifications

Paperwork Reduction Act

    The information collection requirements contained in this rule have 
been approved by the Office of Management and Budget in accordance with 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and assigned 
OMB control number 2502-0253. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless the collection displays a valid control number. HUD will publish 
a separate Notice with the OMB approval number, when issued.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. This rule will not impose any 
Federal mandates on any State, local, or tribal governments or on the 
private sector within the meaning of the Unfunded Mandates Reform Act 
of 1995.

Environmental Review

    A Finding of No Significant Impact (FONSI) with respect to the 
environment was made in accordance with HUD regulations in 24 CFR part 
50 that implement section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4223). 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, Office of the 
General Counsel, Department of Housing and Urban Development, Room 
10276, 451 Seventh Street, SW., Washington, DC 20410.

Impact on Small Entities

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this final rule and in so 
doing certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. The rule revises 
HUD's existing regulations for the placement and installation of smoke 
alarms in new manufactured housing. The new requirements ensure that 
smoke alarms installed in new homes will be more effective in warning 
of the presence of smoke. This is accomplished primarily by changing 
the location requirements to ensure that smoke alarms operate more 
effectively. Because home manufacturers are already required to provide 
working smoke alarms in manufactured homes, the costs associated with 
complying with the new requirements would be minimal.
    HUD has conducted a material and labor cost impact analysis for 
this rule including both small and large entities. For the purposes of 
this analysis, HUD is using the SBA definition of a small entity of 500 
or fewer employees. On this basis, HUD is categorizing manufacturers 
with 3 or fewer production facilities as small entities in preparing 
this analysis.
    The potential cost impact for material and labor, based on a per-
home cost, does not vary significantly between the two types of 
entities. HUD is also aware that certain costs to revise existing floor 
plans and acquiring DAPIA approval are anticipated. The Department 
surveyed several manufacturers for design-revision cost estimates 
without successfully determining a dollar cost. In consultation with a 
third-party representative, estimated costs were determined.
    The potential cost impact of material and installation labor on 
small entities, based on a per-home cost, estimated to be $32.50 
multiplied by 50,000 homes produced in a year (assuming conservatively 
that no manufacturer currently uses AC smoke alarms with battery back-
up), is $1.625 million annually. Material and labor constitutes a cost 
impact of about $32,500 ($1,625,000/50 manufacturers) per small entity 
per year.
    In addition to the above costs, there is also a cost associated 
with revising designs to comply with the new requirements for smoke 
alarms. The design cost consists of an initial cost of revising all 
existing plans and the costs for preparing new designs which have been 
averaged over a 5-year period. The per-home cost for small entities is 
estimated to be $9.00, yielding a total cost of $450,000 ($9.00  x  
50,000 homes) annually to small entities. The design impact constitutes 
a cost of about $9,000 per small entity per year for the 5-year period. 
Cost estimate calculation for small entities: 100 designs in first year 
 x  4 hours per design  x  $50 per hour + 25 new designs each year  x  
5 years  x  4 hours per design  x  $50 per hour = $45,000. $45,000/5-
year period = $9,000 per manufacturer per year. The per-home cost is 
based on 1000 homes per small entity per year (50,000 homes/50 
manufacturers).
    Therefore, a total cost of approximately $2.08 million ($41.50  x  
50,000 homes) annually is projected for

[[Page 12816]]

small entities. On average, the entire cost impact represents an 
estimated cost increase of about $41,500 ($32,500 + $9,000) per small 
entity per year (based on approximately 50 small entities within the 
industry). Although 50% of manufactured home producers may be 
classified as small entities, their home production comprises about 17% 
of the industry's annual home production. An analysis of this cost 
impact as a percentage of profits was not completed, as profit 
information was not available for small entities.
    The potential cost impact of material and installation labor on 
large entities, based on a per-home cost, estimated to be $31.40 
multiplied by 250,000 homes produced in a year (assuming conservatively 
that no manufacturer currently uses AC smoke alarms with battery back-
up), is $7.85 million annually. Material and labor constitutes a cost 
impact of about $157,000 ($7.85 million/50 manufacturers) per large 
entity per year.
    In addition to the above costs, there is also a cost associated 
with revising designs to comply with the new requirements for smoke 
alarms. The design cost consists of an initial cost of revising all 
existing plans and the costs for preparing new designs which have been 
averaged over a 5-year period. The per-home cost for large entities is 
estimated to be $6.00, yielding a total cost of $1.5 million ($6.00  x  
250,000 homes) annually to large entities. The design impact 
constitutes a cost of about $30,000 per large entity per year for the 
five-year period. Cost estimate calculation for large entities: 500 
designs in first year  x  three hours per design  x  $50 per hour + 100 
new designs each year  x  five years  x  three hours per design  x  $50 
per hour = $150,000. $150,000/five-year period = $30,000 per large 
entity per year. The per-home cost is based on 5000 homes per 
manufacturer (250,000 homes/50 manufacturers).
    Therefore, a total cost of approximately $9.35 ($7.85 million + 
$1.5 million) million annually is projected for large entities. On 
average, the entire cost impact represents an increase of about 
$187,000 ($9.35 million/50 manufacturers) per large entity per year 
(based on approximately 50 large entities within the industry).
    As a result, the total annual estimated cost impact is $11.43 
million for all small and large manufacturers ($9.35 million + $2.08 
million). The following charts provide a comparison of, and estimates 
for all costs, based on HUD's existing regulation and this final rule, 
for small and large entities.

----------------------------------------------------------------------------------------------------------------
                                      Current rule                                                       Cost
          Cost factor                 requirements      New rule requirements      Change in cost       impact
----------------------------------------------------------------------------------------------------------------
                                            Impact on Small Entities
----------------------------------------------------------------------------------------------------------------
Smoke Alarm....................  2  x  $5.50=$11.00 (2  4  x  $8.75=$35.00 (4  $35.00-11.00.........      $24.00
                                  AC powered smoke       AC+battery back-up
                                  alarms).               smoke alarms).
Wiring.........................  50'  x  $0.065=$3.25   70'  x  $0.075=$5.25   $5.25-3.25...........        2.00
                                  (14-2 Wire).           (14-3 Wire).
Installation Labor.............  $6.50................  $13.00...............  $13.00-6.50..........        6.50
Design-revision................  $0...................  $9.00................  $9.00-0..............        9.00
                                                                                                     -----------
    Total......................  .....................  .....................  .....................       41.50
----------------------------------------------------------------------------------------------------------------
                                            Impact on Large Entities
----------------------------------------------------------------------------------------------------------------
Smoke Alarm....................  2  x  $5.50=$11.00 (2  4  x  $8.50=$34.00 (4  $34.00-11.00.........      $23.00
                                  AC powered smoke       AC+battery back-up
                                  alarms).               smoke alarms).
Wiring.........................  50  x  $0.06=$3.00     70  x  $0.07=$4.90     $4.90-3.00...........        1.90
                                  (14-2 Wire).           (14-3 Wire).
 Installation Labor............  $6.50................  $13.00...............  $13.00-6.50..........        6.50
Design-revision................  $0...................  $6.00................  $6.00-0..............        6.00
                                                                                                     -----------
    Total......................  .....................  .....................  .....................       37.40
----------------------------------------------------------------------------------------------------------------

    In estimating costs under the current regulation and new 
regulation, HUD used the following assumptions (1) an average home (28' 
 x 60') contains three bedrooms; (2) the home has a smoke alarm in each 
bedroom and one in the common area (all smoke alarms have battery 
backup); (3) installation under the current rule involves about 50 feet 
of 14-2 wiring for two smoke detectors, an additional 20 feet of wiring 
for the required alarms in each bedroom (total of 70' of 14-3 wire); 
(4) the cost of 14-2 wiring=$0.06 per lineal foot for large entities, 
and the cost for small entities=$0.065 per lineal foot; (5) the cost of 
14-3 wiring=$0.07 per lineal foot for large entities and the cost for 
small entities=$0.075 per lineal foot; (6) the installation labor costs 
are average lump sum costs obtained from a spectrum of manufactured 
home builders; (7) the prices reflected in the table were obtained from 
manufactured home producers representing small and large entities; (8) 
costs obtained from smoke alarm manufacturers are generally higher than 
costs paid by home producers as large quantity discounts are not 
included; (9) an estimated 100 designs for each small entity and 
approximately 500 designs for each large entity are in need of 
revision; (10) industry production is estimated at 300,000 homes 
annually.

Regulatory Planning and Review

    The Office of Management and Budget (OMB) reviewed this rule under 
Executive Order 12866, Regulatory Planning and Review. OMB determined 
that this rule is a ``significant regulatory action'' as defined in 
section (3)(f) of the Order, although not an economically significant 
regulatory action under the Order. As discussed under the heading, 
``Impact on Small Entities,'' above, the rule is estimated to have an 
annual cost impact of only $11.43 million. However, as also discussed 
above in this preamble, the full implementation of this rule is 
estimated to result in 30 lives saved annually. Any changes made to 
this rule as a result of review under the Order are identified in the 
docket file, which is available for public inspection in the office of 
the Department's Rules Docket Clerk, Room 10276, 451 Seventh Street, 
SW, Washington, DC 20410-0500.

Executive Order 13132, Federalism

    Executive Order 13132 (``Federalism'') prohibits an agency from 
publishing any rule that has Federalism implications if the rule either 
imposes substantial direct compliance costs on State and local 
governments and is not required by statute, or the rule preempts State

[[Page 12817]]

law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive Order. This rule does not have Federalism 
implications and does not impose substantial direct compliance costs on 
State and local governments nor preempts State law within the meaning 
of Executive Order 13132.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number is 14.171.

List of Subjects

24 CFR Part 3280

    Fire prevention, Housing standards, Incorporation by reference, 
Manufactured homes.

24 CFR Part 3282

    Administrative practice and procedure, Consumer protection, 
Intergovernmental relations, Investigations, Manufactured homes, 
Reporting and recordkeeping requirements, Warranties.


    Accordingly, for the reasons stated in the preamble, HUD amends 24 
CFR parts 3280 and 3282 as follows:

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

    1. The authority citation for 24 CFR part 3280 continues to read as 
follows:

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


Sec. 3280.112  [Amended]

    2. Section 3280.112 is amended by removing the word ``detectors'' 
and adding in its place the word ``alarms''.

    3. Section 3280.202 is amended by removing the definition of 
``Single-station alarm device'' and the definition of ``Smoke 
detector'', and by adding the definition of ``Smoke alarm'' and 
``Tactile Notification Appliance'' to read as follows:


Sec. 3280.202  Definitions.

* * * * *
    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.

    4. Section 3280.208 is revised to read as follows:


Sec. 3280.208  Smoke alarm requirements.

    (a) Labeling. Each smoke alarm required under paragraph (b) of this 
section must conform with the requirements of UL 217, Single and 
Multiple Station Smoke Alarms, dated January 4, 1999 (incorporated by 
reference, see Sec. 3280.4), or UL 268, Smoke Detectors for Fire 
Protective Signaling Systems, dated January 4, 1999 (incorporated by 
reference, see Sec. 3280.4), and must bear a label to evidence 
conformance.
    (b) Required smoke alarm locations. (1) At least one smoke alarm 
must be installed in each of the following locations:
    (i) To protect both the living area and kitchen space. 
Manufacturers are encouraged to locate the alarm in the living area 
remote from the kitchen and cooking appliances. A smoke alarm located 
within 20 feet horizontally of a cooking appliance must incorporate a 
temporary silencing feature or be of a photoelectric type.
    (ii) In each room designed for sleeping.
    (iii) On the ceiling of the upper level near the top or above each 
stairway, other than a basement stairway, in any multistory home 
completed in accordance with this part or part 3282 of this chapter. 
The alarm must be located so that smoke rising in the stairway cannot 
be prevented from reaching the alarm by an intervening door or 
obstruction.
    (2) For each home designed to be placed over a basement, the 
manufacturer must provide a smoke alarm for the basement and must 
install at the factory an electrical junction box for the installation 
of this smoke alarm and for its interconnection to other smoke alarms 
required by this section. The instructions for installers and 
information for homeowners required in paragraph (f) of this section 
must clearly indicate that a smoke alarm should be installed and is to 
be located on the basement ceiling near the stairway.
    (3) A smoke alarm required under this section must not be placed in 
a location that impairs its effectiveness or in any of the following 
locations:
    (i) Within 3 feet horizontally from any discharge grille when a 
home is equipped or designed for future installation of a roof-mounted 
evaporative cooler or other equipment discharging conditioned air 
through a ceiling grille into the living space; and
    (ii) In any location or environment that is prohibited by the terms 
of its listing, except as permitted by this section.
    (c) Mounting requirements. (1) Except in rooms with peaked sloping 
or shed sloping ceilings 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, smoke alarms must be mounted on 
the ceiling within 3 feet, measured horizontally, from the peak of the 
ceiling; at least 4 inches, measured horizontally, 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, smoke alarms must be mounted 
within 3 feet of the high side of the ceiling, and not closer than 4 
inches from any adjoining wall surface and from any projecting 
structural element.
    (d) Connection to power source. (1) Each smoke alarm must be 
powered from:
    (i) The electrical system of the home as the primary power source 
and a battery as a secondary power source; or
    (ii) A battery rated for a 10-year life, provided the smoke alarm 
is listed for use with a 10-year battery.
    (2) Each smoke alarm whose primary power source is the home 
electrical system must be mounted on an electrical outlet box and 
connected by a permanent wiring method to a general electrical circuit. 
More than one smoke alarm is permitted to be placed on the same 
electrical circuit. The wiring circuit for the alarm must not include 
any switches between the over-current protective device and the alarm, 
and must not be protected by a ground fault circuit interrupter.
    (3) Smoke alarms required under this section must be interconnected 
such that the activation of any one smoke alarm causes the alarm to be 
triggered in all required smoke alarms in the home.
    (e) Visible and tactile notification appliances. (1) In addition to 
the smoke alarms required pursuant to this section, the manufacturer 
must provide visible and listed tactile notification appliances if 
these appliances are ordered by the purchaser or retailer before the 
home enters the first stage of production. These appliances are 
required to operate from the primary power source, but are not required 
to operate from a secondary power source.
    (2) A visible notification appliance in a room designed for 
sleeping must have a minimum rating of 177 candela, except that when 
the visible notification appliance is wall-mounted or

[[Page 12818]]

suspended more than 24 inches below the ceiling, a minimum rating of 
110 candela is permitted.
    (3) A visible notification appliance in an area other than a room 
designed for sleeping must have a minimum rating of 15 candela.
    (f) Testing and maintenance. (1) Each required smoke alarm 
installed at the factory must be operationally tested, after conducting 
the dielectric test 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.

PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS

    5. The authority citation for 24 CFR part 3282 continues to read as 
follows:

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


Sec. 3282.203  [Amended]

    6. Section 3282.203(b)(4) is amended by removing the word 
``detectors'' and adding in its place the word ``alarms''.


Sec. 3282.203(b)(4)  [Amended]

    Dated: January 2, 2002.
John C. Weicher,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 02-6026 Filed 3-18-02; 8:45 am]
BILLING CODE 4210-27-P