[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Proposed Rules]
[Pages 39871-39891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16724]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3280

[Docket No. FR-5221-P-01]
RIN 2502-AI71


Manufactured Home Construction and Safety Standards

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

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would amend the Federal Manufactured Home 
Construction and Safety Standards by adopting certain recommendations 
made to HUD by the Manufactured Housing Consensus Committee (MHCC). The 
National Manufactured Housing Construction and Safety Standards Act of 
1974 (the Act) requires HUD to publish in the Federal Register all 
proposed revised construction and safety standards (Construction and 
Safety Standards, or Standards) submitted by the MHCC. The MHCC has 
prepared and submitted to HUD its second group of recommendations to 
improve various aspects of the Construction and Safety Standards. HUD 
has reviewed those proposals and has made several editorial revisions 
to the proposals, and those revisions have been reviewed and accepted 
by the MHCC.

DATES: Comment Due Date: September 13, 2010.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule to the Regulations Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
10276, Washington, DC 20410-0500. Communications must refer to the 
above docket number and title. There are two methods for submitting 
public comments. All submissions must refer to the above docket number 
and title.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street, SW., Room 10276, 
Washington, DC 20410-0001.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.

    Note: To receive consideration as public comments, comments must 
be submitted through one of the two methods specified above. Again, 
all submissions must refer to the docket number and title of the 
rule.

    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling the Regulations Division at 202-708-3055 (this is 
not a toll-free number). Individuals with speech or hearing impairments 
may access this number through TTY by calling the Federal Information 
Relay Service at 800-877-8339. Copies of all comments submitted are 
available for inspection and downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Regulatory Affairs and 
Manufactured Housing, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 9164, Washington, DC 
20410; telephone number 202-708-6401 (this is not a toll-free number). 
Persons with hearing or speech impairments may access this number 
through TTY by calling the toll-free Federal Information Relay Service 
at 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401-5426) (the Act) authorizes HUD to establish 
and amend the Federal Manufactured Home Construction and Safety 
Standards (the Construction and Safety Standards, or Standards) 
codified in 24 CFR part 3280. The Act was amended in 2000 by the 
Manufactured Housing Improvement Act of 2000 (Pub. L. 106-569), by 
expanding its purposes and creating the Manufactured Housing Consensus 
Committee (MHCC).
    As amended, the purposes of the Act (enumerated at 42 U.S.C. 5401) 
are: ``(1) to protect the quality, durability, safety, and 
affordability of manufactured homes; (2) to facilitate the availability 
of affordable manufactured homes and to increase homeownership for all 
Americans; (3) to provide for the establishment of practical, uniform, 
and, to the extent possible, performance-based Federal construction 
standards for manufactured homes; (4) to encourage innovative and cost-
effective construction techniques for manufactured homes; (5) to 
protect residents of manufactured homes with respect to personal 
injuries and the amount of insurance costs and property damages in 
manufactured housing consistent with the other purposes of this 
section; (6) to establish a balanced consensus process for the 
development, revision, and interpretation of Federal construction and 
safety standards for manufactured homes and related regulations for the 
enforcement of such standards; (7) to ensure uniform and effective 
enforcement of Federal construction and safety standards for 
manufactured homes; and (8) to ensure that the public interest in, and 
need for, affordable manufactured housing is duly considered in all 
determinations relating to the Federal standards and their 
enforcement.''
    In addition, the amended Act generally requires HUD to establish 
Construction and Safety Standards that are reasonable and practical, 
meet high standards of protection, are performance-based, and are 
objectively stated. Congress specifically established the MHCC to 
develop proposed revisions to the Construction and Safety Standards. 
The Act provides specific procedures (42 U.S.C. 5403) for the MHCC 
process.

[[Page 39872]]

    After the passage of amendments to the Act in 2000, HUD, in 
accordance with the mandate of the Act, issued a request for proposals 
to interested organizations to be the ``Administering Organization'' 
that would serve as secretariat to the MHCC and therefore support the 
Construction and Safety Standards development process. After evaluating 
the bids received, HUD selected the National Fire Protection 
Association (NFPA) to be the MHCC's Administering Organization. 
Thereafter, NFPA assisted HUD in selecting the 21 voting members 
provided for by statute for appointment to the MHCC, seven in each of 
the following three statutory categories: Producers, Users, and General 
Interest and Public Officials. The Act also provides for one nonvoting 
member to represent HUD.
    The MHCC held its first meeting in August 2002 and began work on 
reviewing possible revisions to the Construction and Safety Standards. 
The MHCC developed its own priorities for preparing proposed revisions 
for HUD to consider. As the MHCC proceeded, proposed revisions to the 
Construction and Safety Standards were divided into sets. On November 
30, 2005, at 70 FR 72024, HUD published a final rule to amend various 
sections of the Construction and Safety Standards that was based on the 
first set of revisions the MHCC had proposed. This proposed rule is 
based on the second set of MHCC proposals to revise the Construction 
and Safety Standards. The MHCC proposals and recommendations can be 
viewed using the following link: http://www.nfpa.org/assets/files/PDF/CodesStandards/MHCCHUD/MHCCPart2ChangesShown1105.pdf.
    HUD has reviewed those proposals and has made certain editorial 
revisions. HUD believes this proposed rule represents revisions that 
HUD and the MHCC have agreed upon.

II. Proposed Changes

    The proposed rule would revise the following sections of the 
Construction and Safety Standards and also revise the incorporated 
reference standards, where indicated. Most of the proposed changes 
would codify existing building practices or conform HUD standards to 
HUD interpretive bulletins or existing building codes. As noted 
elsewhere in this preamble, HUD has identified only two standards in 
this proposed rule that would have an economic impact on the production 
costs of manufactured homes: The requirement that shower and bath 
valves use anti-scald mixing valves, and the increase in minimum 
insulation levels for cross-under ducts. HUD is requesting comment, 
however, on whether any of the other proposed changes would have an 
economic impact or impose additional costs on the production of 
manufactured housing and specifically seeks comments on the analysis 
supporting this proposed rule and on the assumptions used.
    The following is a discussion of the specific revisions to the 
Construction and Safety Standards that are proposed by this rule.

A. Incorporation by Reference

    The proposed rule would amend Sec.  3280.4, by allowing the 
manufacturer to select which reference standard to incorporate into its 
designs and construction, where two or more reference standards are 
incorporated by reference for the same application or requirement. The 
existing practice is that if more than one reference standard exists, 
manufacturers must comply with the most restrictive aspects of each 
standard in their designs and construction. While this change reflects 
a relaxation of current requirements, by providing manufacturers with 
more flexibility in selecting materials, components, etc., to utilize 
in their production of homes, it is not actually a significant change. 
Currently, the areas in which there are duplicate reference standards 
are very few and, for those that do exist, HUD believes the degree of 
differences in performance and safety between the reference standards 
(i.e., the restrictive and less restrictive) are not significant. 
However, the Department is specifically interested in receiving 
comments from the public as to whether the use of any of the duplicate 
reference standards for materials or equipment would result in reduced 
safety or performance levels for manufactured home occupants.

B. Planning Considerations

    The proposed rule would amend Sec.  3280.105(a)(2), by clarifying 
the method to be used when measuring the travel distance from the 
bedroom door to an exit door, a distance that must not exceed 35 feet. 
The proposed rule would clarify how the natural and unobstructed path 
is to be measured from the center of the bedroom door to the center of 
the exit door. Currently, there is no standardized method for making 
the travel distance measurement identified in the Standards. This 
proposed change would codify the method that is currently being used by 
manufacturers to make the 35-foot measurement to determine compliance 
with the Standards.
    The proposed rule would also amend the provisions for exit 
facilities/exit doors in Sec.  3280.105(b), by permitting door seals to 
reduce the minimum required exterior door opening by one inch. This 
proposed change would not change current construction requirements for 
exterior passage doors. Rather, it would codify an existing practice 
that has been previously permitted under Interpretative Bulletin B-1-
76.
    The proposed rule would make editorial revisions and amend the 
provisions for toilet requirements in Sec.  3280.111, by adding an 
additional minimum clearance dimension from the centerline of a toilet 
to any adjacent wall of at least 15 inches. This proposed revision is 
consistent with current design practice in manufactured homes and is 
consistent with the requirements in residential building codes as well.
    The proposed rule would modify and expand current Sec.  3280.113, 
that sets requirements as to where safety glazing materials are to be 
located and how they are to be tested to determine if they can be 
considered safety glazing materials. The rule would also make the 
existing requirements for location and testing of safety glazing 
materials consistent with other model building codes and residential 
construction practices. Under the proposed revisions, safety glazing 
materials would be considered to be any glazing material capable of 
meeting the requirements of the Consumer Product Safety Commission 
(CPSC) or the Safety Performance Specifications and Methods of Test in 
ANSI Z97.1-1984.

C. Fire Safety

    The proposed rule would add an alternative means of complying with 
the kitchen cabinet protection requirements in Sec.  3280.204, by 
allowing the metal hood, \5/16\-inch gypsum board, and \3/8\-inch air 
space required by this section to be omitted when a microwave oven 
certified as conforming to Underwriters Laboratories Standard UL 923-
2002 is installed between the cabinet and the range. Since the 
microwave oven would protect only combustible kitchen cabinet materials 
over the cooking range, all exposed surfaces along the bottom and sides 
of the cabinet would still be required to be protected by at least \5/
16\-inch gypsum board or the equivalent, in accordance with paragraph 
(a) of this section.
    The proposed rule would also add and expand upon fire safety and 
performance requirements for all types of thermal insulating materials 
under proposed new section Sec.  3280.207, Requirements for Thermal 
Insulating Materials. This is consistent with the requirements for 
evaluation of fire performance characteristics of

[[Page 39873]]

insulating materials used in residential building codes. HUD's existing 
regulation requires evaluation of fire performance characteristics of 
foam plastic insulating materials. Because thermal insulation materials 
used in manufactured homes are the same type of insulation materials 
used in residential building codes, they would already comply with the 
fire resistive properties being recommended by this proposed rule.

D. Body and Frame Requirements

    The proposed rule would amend Sec.  3280.305(c)(1)(i) by clarifying 
that the net uplift roof load must not be reduced by the dead load of 
the roof structure for the purposes of preparing engineering 
calculations or in performing structural load testing. This proposed 
change for roof uplift design would make no change to current 
engineering design practices. Rather, it would merely codify the 
current practices permitted under Interpretative Bulletin D-4-76.
    The proposed rule would make editorial revisions and also clarify 
existing provisions in Sec.  3280.305(c) that address areas where state 
or local building codes requirements exceed the provisions for design 
roof loads and wind loads required by the Standards. For consideration 
of state or local requirements for wind loads, the proposed rule would 
clarify that wind mapping data or records would need to indicate that 
higher design loads are necessary. The proposed rule would also change 
the title of each section to Consideration of Local Requirements.
    The proposed rule would modify the existing requirements for 
control of formaldehyde emissions in Sec.  3280.308, by lowering the 
maximum emission levels (as measured in the air chamber test specified 
in Sec.  3280.406) for particleboard materials used in flooring 
applications from 0.3 parts per million (ppm) to 0.2 ppm; by limiting 
formaldehyde emissions from other uses of particleboard materials to 
0.3 ppm; and by adding new formaldehyde emission controls for medium 
density fiberboard materials (MDF) of 0.3 ppm. These changes 
recommended by the MHCC, which are available on-line at 
www.regulations.gov, would be consistent with formaldehyde emission 
requirements in prior voluntary consensus standards for particleboard 
(ANSI-A208.1-1999) and MDF (ANSI A208.2-2004) and would require no 
change in existing technology for either product to achieve the 
proposed reduced formaldehyde levels or to meet the new requirements. 
However, the current national voluntary consensus standards for 
particleboard (ANSI A-208.1-2009) and MDF (ANSI A-208.2-2009) further 
reduces formaldehyde emission limits from those levels being proposed 
by HUD and were recently revised to harmonize with the formaldehyde 
emission standards established by the California Air Resource Board's 
Airborne Toxic Control Measure (CARB ACTM). The CARB ATCM standard for 
formaldehyde emissions for particleboard is 0.18ppm, but will become 
0.09ppm on January 1, 2011. The CARB ATCM standard for MDF is currently 
0.21ppm, but will become 0.11ppm for regular MDF on January 1, 2011, 
and 0.13ppm for thin MDF on January 1, 2012. The Environmental 
Protection Agency (EPA) is also currently investigating formaldehyde 
emissions from pressed wood products, including particleboard and MDF. 
Under a petition filed under the Toxic Substances Control Act,\1\ EPA 
is being asked to extend the CARB ACTM formaldehyde emission limits 
nationally and to apply those limits to manufactured housing.\2\ HUD is 
seeking comments from the public on whether the CARB ACTM and voluntary 
consensus standards limits for formaldehyde emissions from 
particleboard and MDF products should be the subject of future 
rulemaking.
---------------------------------------------------------------------------

    \1\ See, Formaldehyde Emissions from Composite Wood Products; 
Disposition of TSCA Section 21 Petition, 73 FR 36504 (June 27, 
2008).
    \2\ See, Formaldehyde Emissions from Pressed Wood Products, 
Advance Notice of Proposed Rulemaking and Notice of Public Meetings, 
73 FR 73620 (December 3, 2008).
---------------------------------------------------------------------------

E. Testing

    A conforming amendment would be made to Sec.  3280.403, for the 
testing of skylights consistent with the revisions to Sec.  
3280.305(c)(3)(iv) of the Construction and Safety Standards published 
in the Federal Register on November 30, 2005. The conforming amendment 
provides for skylights to be certified as complying with the AAMA/WDMA 
Voluntary Specifications for Skylights.
    Section 3280.404(c)(2) of the proposed rule would prohibit any 
window that requires the removal of a sash to meet the egress size 
provisions of the Manufactured Home Construction and Safety Standards 
from being classified as an egress window. This proposed change would 
enhance egress and occupant safety in the event of an emergency.

F. Subpart F

    The proposed rule would add new section Sec.  3280.504(c) to allow 
the use of liquid-applied vapor retarders, so long as a nationally 
recognized testing agency has approved its use on the specific 
substrate to which it is to be applied. This addition would codify the 
current practice of accepting liquid-applied vapor retarders as an 
alternative to other conventional vapor retarder materials required by 
this section.
    Section 3280.506(c) would be revised to clarify that interior-
mounted storm window frames must be sealed in Thermal Uo Value Zone 3. 
This would reduce air infiltration and heat loss for interior-mounted-
type storm windows and improve overall energy efficiency for 
manufactured homes designed to be located in the most restrictive 
climatic regions of the country.
    Section 3280.509(c) would be amended by replacing the graph for 
determining the effective R values of compressed insulation with a 
table that allows for more precisely determining the effects on R 
values of non-uniform and uniform insulation compression for batt and 
blown insulation. This proposal would provide a more accurate method 
for determining effective R value requirements when insulation is 
compressed or used in sloping roof cavities and would result in more 
accurate projections of heat loss and heat gain for manufactured homes 
than would be determined by the current graphical method.
    The proposed rule would amend Sec.  3280.510(c), by eliminating the 
requirement to determine and report the optimal outdoor winter 
certification temperature for operating economy and energy conservation 
on the heating certificate. The requirement is being eliminated because 
this information has been found to be too technical and is not a basis 
often relied upon by consumers in determining sites for installing 
their homes.
    However, in view of the renewed interest in improving energy 
conservation, HUD is requesting comments from the public regarding any 
other information that could be provided on the heating certificate 
that could be more useful to consumers in this regard. In addition, the 
information on the comfort cooling certificates required by this 
section would be amended to refer to the 1997 edition of the ASHRAE 
Handbook of Fundamentals.

G. Plumbing Systems

    The proposed rule would make a conforming amendment to Sec.  
3280.603(a)(2) on water conservation to limit each water closet to 1.6 
gallons of water per flush. Section 3280.607(b)(2)(iii) was amended in 
the final rule published in the Federal Register on November 30, 2005, 
by

[[Page 39874]]

requiring all water closets to be low consumption (1.6 gallons per 
flush) closets. This conforming amendment would conserve water and help 
assure the continued availability of adequate water supplies, as well 
as reduce wastewater flows.
    The proposed rule would amend Sec.  3280.603(b)(4), by adding a 
requirement that the installation instructions required by Sec.  
3280.306(b)(4) include a statement that any heat tape or pipe heating 
cable used be listed for use in manufactured homes. The proposed rule 
would further amend this section with regard to the requirements for 
the receptacle outlet for connection of the heat tape or pipe heating 
cable to conform with the amended provisions of Sec.  3280.806(d).
    The proposed rule would amend the table in 3280.604(b)(2), by 
incorporating standards for the installation of cross-linked 
polyethylene (PEX) plastic cold and hot water systems. This proposal 
would permit the use of PEX plastic piping as an alternate piping 
material to other materials that may currently be used to supply hot 
and cold water systems.
    A new provision would be added in Sec.  3280.607(b)(v) to require 
that shower, bath, and tub-shower combination valves be either balanced 
pressure, thermostatic, or a combination of mixing valves that conforms 
to the requirements of ASSE 1016-1996, Performance Requirements for 
Individual Thermostatic Pressure-Balancing and Combination Control for 
Bathing Facilities. These valves would be required to have handle 
position stops that are adjustable to a maximum setting of 120 [deg]F 
to prevent scalding and burn injuries to occupants from very hot water. 
This proposed change would reduce the number of injuries and deaths 
resulting from tap water scald burns. Further, the Centers for Disease 
Control (CDC) and other organizations report that a majority of scald 
burn victims are young children whose injuries may have been prevented 
by the use of an anti-scald valve.\3\ In addition, this proposed change 
would be consistent with International Residential Code requirements 
for Single and Two Family Dwellings.
---------------------------------------------------------------------------

    \3\ Centers for Disease Control and Prevention and U.S. 
Department of Housing and Urban Development. Healthy Housing 
Reference Manual, Atlanta: U.S. Department of Health and Human 
Services, 2006.
---------------------------------------------------------------------------

    The proposed rule would amend Sec.  3280.607(b)(5)(ii) for the 
standpipe height required for laundry tubs from 30 inches to 42 inches 
above its trap and would require the standpipe to terminate in an 
accessible location no lower than the top of the clothes washing 
machine. This increase in standpipe height would be consistent with the 
International Residential Code requirements for Single and Two Family 
Dwellings and would prevent backflow and improve operation of clothes 
washers installed in manufactured homes.
    The proposed rule would amend Sec.  3280.609(a)(2), by allowing a 
two or three compartment sink, up to three individual sinks or up to 
three lavatories to be connected to one ``P'' trap, to be considered as 
a single fixture for the purposes of drainage and ventilation under 
certain circumstances. This proposal would allow more fixtures to be 
connected to one ``P'' trap than is currently permitted by the 
Standards and would be consistent with other residential model plumbing 
codes for similar three fixture configurations.
    The proposed rule would amend Sec.  3280.610(e), by permitting 
fixture drains that serve only a single lavatory fixture to be 1\1/4\ 
inches in diameter. This proposed reduction in drain size for a single 
lavatory is not significant and would provide adequate drainage flow 
and venting for individual lavatory fixtures.
    The proposed rule would amend the existing requirements for anti-
siphon trap vent devices in Sec.  3280.611(d), by redefining these 
devices as mechanical vents (see Sec.  3280.602) and by expanding the 
requirements to also include gravity-operated mechanical vents (also 
known as air admittance valves). This proposal would allow 
manufacturers to use either type of mechanical vent (anti-siphon vent 
or air admittance valve) for venting of certain plumbing fixtures. The 
current standard allows the use of anti-siphon type vents only. In 
addition, paragraph (f) of this section would be expanded to permit 
vent terminals either through wall extensions or into mechanical vent 
devices.

H. Heating, Cooling, and Fuel Burning Systems

    The proposed rule would amend Sec.  3280.705(b), by allowing the 
use of corrugated stainless steel tubing (CSST) systems for use in gas 
piping systems. The inclusion of CSST piping as a permissible alternate 
gas piping/tubing material is currently permitted to be used in all 
other residential construction as a gas piping system by the model 
codes and state and local building codes. The proposed rule would 
require that CSST gas piping be installed in accordance with the 
requirements of ANSI/IAS LC-1-1997, Gas Piping Systems Using Corrugated 
Stainless Steel Tubing. In addition, a table for sizing CSST systems 
would be added in Sec.  3280.705(d). Paragraph (h) of this section 
would also be amended by permitting CSST to be run inside walls, 
floors, partitions, and roofs under specified conditions.
    Sections 3280.707(a) and (d) and 3280.714(a) would amend the energy 
efficiency and energy conservation requirements for comfort heating 
systems, water heaters, and cooling appliances so that they comply with 
the provisions of the National Appliance Energy Conservation Act of 
1987, the current applicable requirements for these appliances.
    Section 3280.715 would be amended by eliminating the use of Class 2 
ducts and by deleting their definition from Sec.  3280.703; by 
requiring manufacturers instructions to indicate that crossover ducts 
are not to be in contact with the ground and must be properly 
supported; and by requiring air supply crossover ducts in all Thermal 
Zones to have a minimal thermal resistance of R-8, unless installed in 
a basement. The proposed change to eliminate the use of Class 2 air 
handling ducts is consistent with the requirements of the International 
Residential Code for One and Two Family Dwellings, and would improve 
the fire safety and performance of air handling ducts by requiring the 
use of Class 0 or 1 ducts, which are more fire resistive than Class 2 
ducts. In addition, HUD believes that Class 2 ducts are no longer being 
used in the production of manufactured homes. The proposal to increase 
the thermal resistance for crossover ducts would reduce heat loss and 
improve the energy efficiency of crossover ducts between sections of 
multi-section manufactured homes.

I. Electrical Systems

    The proposed rule would amend Sec.  3280.803 by indicating that a 1 
\1/4\-inch maximum continuous raceway is to be used when installing a 
power supply cord within the wall from the bottom of the distribution 
panel to the underside of the floor. This proposed change and 
clarification is consistent with the current requirements of the 
National Electrical Code (NEC), NFPA 70-2005, which is currently 
incorporated by reference in the Manufactured Home Construction and 
Safety Standards. In addition, the requirements for installing service 
equipment in or on the home would be revised in paragraph (k)(3) of 
this section by referencing the appropriate articles of the NEC, NFPA 
70-2005.
    Section 3280.804(f) would be amended to require the distribution 
panelboard to be located in an

[[Page 39875]]

accessible location and not located in a bathroom or clothes closet. 
This revision is consistent with requirements for acceptable locations 
for electrical distribution panels in residential model codes and the 
NEC.
    The proposed rule would amend Sec.  3280.805, by requiring all 
countertop outlets in the kitchen to be supplied by not less than two 
of the small appliance branch circuits. However, one or more of the 
small appliance branch circuits may also supply other receptacle 
outlets in the kitchen, pantry, dining room, and breakfast room. In 
addition, the proposed rule would amend paragraph (a)(3)(vi) of this 
section, by requiring that bathroom receptacle outlets be supplied by 
at least one 20 ampere branch circuit. While such circuits can have no 
other outlets, it is permissible to place the outlet for a heat tape or 
pipe heating cable on a bathroom circuit, provided that all of the 
bathroom outlets are on the load side of the ground fault circuit 
interrupter. These proposed changes would be consistent with the 
requirements in residential model codes and the NEC.
    Section 3280.806(d) would be amended by not including receptacle 
outlets in the floor that are 18 inches or more from the wall as part 
of the required receptacle outlets for the room; by permitting the heat 
tape or pipe heating cable outlet to be on the bathroom circuit, 
provided that all bathroom outlets are on the load side of the ground 
fault circuit interrupter; and by requiring receptacles in any 
countertop to not be in a face-up position. These proposed changes 
would be consistent with the requirements in residential model codes 
and the NEC.

J. Revisions to Standards Incorporated by Reference (Reference 
Standards)

    The following is a list of the standards incorporated by reference 
that would be revised by this proposed rule. Each reference standard is 
preceded with an indicator to identify the type of change being made. A 
new reference standard being added is indicated by the designation 
``N,'' while a reference standard being updated is indicated by the 
designation ``U.'' The sections of the Construction and Safety 
Standards that would be amended by each modification are also shown on 
the right of each reference standard being added or updated.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
N--AAMA/WDMA 1600 I.S.7.....................         2000  Voluntary Specifications for              3280.403(b)
                                                            Skylights.
U--ANSI Z21.23..............................         1993  Gas Appliance Thermostats..........          3280.703
N--ANSI A208.2..............................         1999  Medium Density Fiberboard..........       3280.304(b)
N--ANSI/IAS LC-1............................         1997  Gas Piping Systems Using Corrugated       3280.705(b)
                                                            Stainless Steel Tubing.
U--APA S 812R...............................         1998  Design and Fabrication of Glued           3280.304(b)
                                                            Plywood Lumber Beams PDS
                                                            supplement 2.
U--APA U 814 H..............................         1993  Design and Fabrication of Plywood         3280.304(b)
                                                            Sandwiched Panels.
U--APA U 813 L..............................         1996  Design and Fabrication of Plywood         3280.304(b)
                                                            Stressed Skin Panels, PDS
                                                            supplement 3.
N--APA......................................         2001  Engineered Wood Construction Guide.       3280.304(b)
N--ASSE 1016................................         1996  Performance Requirements for              3280.607(b)
                                                            Individual Thermostatic Pressure
                                                            Balancing and Combination Control
                                                            for Bathing Facilities.
U--ASTM C564................................         1997  Standard Specification for Rubber         3280.611(d)
                                                            Gaskets for Cast Iron Soil Pipe
                                                            and Fittings.
U--ASTM C920................................         2002  Standard Specification for                3280.611(d)
                                                            Elastomeric Joint Sealants.
U--ASTM D3953...............................         1997  Standard Specification for               3280.306(b),
                                                            Strapping, Flat Steel, and Seals.       3280.306(g).
U--ASTM D4635...............................         2001  Standard Specification for                3280.611(d)
                                                            Polyethylene Films Made From Low-
                                                            density Polyethylene for General
                                                            Use and Packaging Applications.
N--ASTM F876................................         1993  Standard Specification for                3280.604(b)
                                                            Crosslinked Polyethylene (PEX)
                                                            Tubing.
N--ASTM F877................................         1995  Standard Specification for                3280.604(b)
                                                            Crosslinked Polyethylene (PEX)
                                                            Plastic Hot- and Cold-Water
                                                            Distribution Systems.
U--NFPA 31..................................         2001  Standard for the Installation of             3280.703
                                                            Oil Burning Equipment.
N--NFPA 253.................................         2000  Standard Method of Test for               3280.207(c)
                                                            Critical Radiant Flux of Floor
                                                            Covering Systems Using a Radiant
                                                            Heat Source.
U--PS 2-04..................................         2005  Voluntary Product Standard                3280.304(b)
                                                            Performance Standard for Wood-
                                                            Based Structural-Use Panels.
RADCO DS-010................................         1991  Decorative Gas Appliances for                3280.703
                                                            Installation in Solid Fuel Burning
                                                            Appliances.
U--UL 181...................................         1998  Factory Made Air Ducts and Air               3280.703
                                                            Connectors.                              3280.715(a)
----------------------------------------------------------------------------------------------------------------

K. Accessibility Requirements for Persons With Disabilities

    In some situations, manufactured housing units which are subject to 
HUD's Manufactured Home Construction and Safety Standards may be 
provided through a program or activity that receives federal financial 
assistance from HUD. When this is the case, Section 504 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and HUD's 
implementing regulations at 24 CFR part 8 would be applicable, 
including the requirements at 24 CFR 8.22 that address accessibility in 
new construction. However, these requirements are not applicable to any 
individual or buyer that obtains Federal Housing Administration 
financing when purchasing a manufactured housing unit. When working 
with a recipient of HUD funds, manufacturers must be prepared to 
produce manufactured housing units that meet the accessibility 
standards provided in 24 CFR part 8. There regulations currently 
incorporate

[[Page 39876]]

the Uniform Federal Accessibility Standards (UFAS) (see 24 CFR 8.32).

III. Findings and Certifications

Regulatory Planning and Review

    The Office of Management and Budget (OMB) reviewed this rule under 
Executive Order 12866, Regulatory Planning and Review. This rule has 
been determined to be a ``significant regulatory action,'' as defined 
in section 3(f) of the Order (although not an economically significant 
regulatory action, as provided under section 3(f)(1) of the Order).
    As the preamble highlights, this rule proposes to amend several 
construction and safety standards under the National Manufactured 
Housing and Construction and Safety Standards Act of 1974. However, 
most of the proposed changes would codify existing practices or conform 
HUD standards to existing building codes. Only two standards included 
in this rule would have an impact on the production cost of 
manufactured homes: the requirement that shower and bath valves use 
anti-scald mixing valves, and the increase in minimum insulation levels 
for cross-under ducts.
    Currently, producers of manufactured housing may use non-pressure 
balanced mixing valves in bathtubs and showers. The cost of non-
pressure balanced mixing value generally totals $30 per valve. If this 
proposed requirement is adopted in the final rule, the per-unit cost to 
producers to purchase pressure balanced/anti-scald mixing valve would 
be $55, or an increase of $25 per valve. The average number of mixing 
valves is one per single-section home and two per multi-section home. 
Thus, the cost is $25 per single-section home and $50 per multi-section 
home.
    The number of placements annually since 1999 and the projected 
annualized aggregate placements from January 2009 through August 2009 
have decreased considerably. This trend continues through the latest 
data, which indicates that the annual rate of placements through August 
2009 was 58,100. Of these, 20,900 were single-section homes, 36,000 
were double- section homes, and the remaining 1,200 had more than two 
sections. Although this trend is expected to continue, so that annual 
placements continue to decrease, this analysis assumes annual 
production of 58,100. In addition, this analysis assumes that the cost 
of requiring the use of an anti-scald valve at the point of production 
of the home is less than installation at some later time. This 
assumption is based on the fact that replacing a mixing valve with an 
anti-scald valve at some later date would require the use of a licensed 
plumber for several hours to make the change and a higher cost to 
purchase the anti-scald valve(s) due to the volume purchasing power of 
manufacturers as compared to individual purchasers.
    Accordingly, based on current annual placement rates, the total 
cost of the anti-scald valve requirement is $523,000 ($25 per home * 
20,900 single-section homes). For multi-section homes, the total cost 
is $1.86 million ($50 per home * 37,000 multi-section homes). The 
combined cost totals $2.383 million.
    The second cost comes from the increase in the minimum insulation 
levels for cross-under ducts. These ducts are used in multi-section 
homes to carry heat from one section to another. Thus, there is no cost 
increase for single-section homes. The cost per square foot of 
insulation for multi-section homes would increase from $1.25 per square 
foot of R-4 insulated cross-under duct to $3.50 per square foot of R-8 
insulated cross-under duct, or $2.25 per square foot. On average there 
are 20 square feet of insulation needed per multi-section home. Thus, 
the total cost of increasing the minimum insulation level is $2.615 
million ($2.25 per square foot * 20 square feet per home * 58,100 
homes).
    In estimating the benefits of these two requirements, HUD has 
considered that requiring anti-scald valves would reduce the number of 
injuries and deaths resulting from tap water scald burns. Although 
statistics specific to scald burns in manufactured homes are 
unavailable, according to Safe Kids, a nonprofit organization dedicated 
to preventing accidental childhood injury, hot tap water accounts for 
nearly 25 percent of all scald burns among children and is associated 
with more deaths and hospitalizations than any other hot liquid burns. 
Statistics reported by the CDC indicate that almost 3,000 people are 
hospitalized annually due to scald burns from tap water in the home.\4\ 
The Safe Kids organization, however, reports that in 2002, 22,600 
children received emergency room treatments for scald burns,\5\ 
approximately 25 percent (5,560) coming from hot tap water. This 
analysis uses the CDC estimate of 3,000, which is a conservative 
estimate that represents the lower bound of scald injuries prevented.
---------------------------------------------------------------------------

    \4\ Centers for Disease Control and Prevention and U.S. 
Department of Housing and Urban Development. Healthy Housing 
Reference Manual. Atlanta: U.S. Department of Health and Human 
Services, 2006.
    \5\ Safe Kids Web site: http://www.usa.safekids.org/tier3_cd.cfm?folder_id=540&content_item_id=1011.
---------------------------------------------------------------------------

    The Safe Kids organization estimates that hospital costs for 
admitted scald burn patients average $22,700.\6\ Although this estimate 
includes only children under the age of 14, this group comprises a 
large percentage of scald burn injuries. Finally, based on the number 
of occupied housing units in the 2007 American Housing Survey (AHS),\7\ 
newly placed manufactured housing accounts for 0.05% of occupied 
housing units. If tap water scalds are evenly distributed across all 
housing units,\8\ then 1.5 burns (3,000 total scald burns * 0.05% in 
newly-placed manufactured housing) could be prevented annually for 
annual savings of $35,744 (3,000 burn victims * 0.05% in manufactured 
homes * $22,700 in hospital costs).\9\ OMB Circular A-94, which 
provides guidance on economic analyses required under Executive Order 
12866, requires the present discounted value of annual benefits using 
alternative discount rates 3 percent and 7 percent. The discounted 
present value of savings from the use of anti-scald valves totals 
$1.227 million using the 3 percent rate and $0.546 million using the 7 
percent rate. Note that using the Safe Kids estimate of 5,560 would 
increase these amounts to almost 3 scald burns and $66,246 in hospital 
care avoided annually. The discounted present value of savings assuming 
the higher estimate of burns totals $2.274 million using the 3 percent 
discount rate and $1.013 million using the 7 percent discount rate.
---------------------------------------------------------------------------

    \6\ National SAFE KIDS Campaign (NSKC). Burn Injury Fact Sheet. 
Washington (DC): NSKC, 2004.
    \7\ See 2007 AHS, Table 2-1.
    \8\ If state and local codes that regulate traditional ``stick-
built'' housing predominantly require anti-scald valves, then this 
distribution may not be even across housing types. For this reason, 
manufactured homes may account for a larger than proportionate share 
of scald burns.
    \9\ Anti-scald valves decrease the maximum water temperature to 
120 degrees. At this temperature, it would take 8 minutes of 
exposure to receive second-degree burns and 10 minutes for third-
degree burns. While this does not completely eliminate the risk of 
scald burns, this risk does not need to be completely eliminated for 
benefits to be realized.
---------------------------------------------------------------------------

    In addition to prevented injuries and hospitalizations, the anti-
scald valve requirement will also reduce the number of deaths resulting 
from scald burns. Aside from the 3,000 to 5,560 scald burns occurring 
each year, the National Coalition to Prevent Childhood Injury estimates 
that approximately 100 deaths result from scald burns annually. As 
explained above, newly placed manufactured housing represents 0.05 
percent of occupied housing units. Thus, if tap water scalds are evenly

[[Page 39877]]

distributed across all housing units, then 0.05 burns annually, or one 
death every 20 years, would be prevented. Government estimates of the 
value of a human life range from $5 million used by the Consumer 
Product Safety Commission to $7.22 million used by the Environmental 
Protection Agency (EPA). Using the lower estimate of $5 million, the 
discounted present value of prevented deaths from the use of anti-scald 
valves totals $9.010 million using the 3 percent rate and $4.012 
million using the 7 percent rate.
    The insulation requirement will increase the energy efficiency of 
manufactured homes, which will decrease annual energy costs for 
homeowners. Based on estimates from the Department of Energy's Energy 
Gauge model, owners of multi-section homes, to which this requirement 
applies, would save approximately $3 in energy costs annually. Thus, 
the total annual benefit of this provision is $111,600 ($3 per home * 
37,200 homes). Calculating the present value of the stream of benefits 
into the future yields a discounted present value of $3.832 million in 
energy savings using the 3 percent discount rate and $1.706 million 
using the 7 percent discount rate.
    A summary of HUD's calculation of benefits from the anti-scald 
valve and insulation requirements follows:
BILLING CODE 4210-67-P

[[Page 39878]]

[GRAPHIC] [TIFF OMITTED] TP13JY10.001

BILLING CODE 4210-67-C

[[Page 39879]]

    In summary, this proposed rule would impose costs equaling $4.057 
million and create discounted present value of benefits totaling $6.264 
million to $14.069 million, depending on the discount rate. Thus, the 
total impact of this rule, the sum of the total costs and benefits, 
equals between $10.321 million and $18.126 million annually. 
Consequently, the rule was determined not economically significant 
within the meaning of the Executive Order.
    The docket file is available for public inspection in the 
Regulations Division, Office of General Counsel, Department of Housing 
and Urban Development, 451 7th Street, SW., Washington, DC 20410-0500. 
Due to security measures at the HUD Headquarters building, an advance 
appointment to review the public comments must be scheduled by calling 
the Regulations Division at 202-402-3055 (this is not a toll-free 
number). Individuals with speech or hearing impairments may access this 
number through TTY by calling the Federal Information Relay Service at 
800-877-8339.

Paperwork Reduction Act

    The proposed modified information collection requirements contained 
in this proposed rule, at Sec. Sec.  3280.510, 3280.511, 3280.804, and 
3280.813, have been submitted to the Office of Management and Budget 
(OMB) for review under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520). In accordance with the Paperwork Reduction Act of 1995, 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 currently valid OMB control number. OMB has issued HUD the control 
number 2502-0253 for the information collection requirements under the 
current Manufactured Housing Construction and Safety Standards Program.
    The public reporting burden for this modified collection of 
information is estimated to include the time for reviewing the 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. These proposed modifications to the existing 
heating and cooling certificates and two labels would result in no 
additional burden hours for completing the information collection 
currently accepted under control number 2502-0253.
    In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments 
from members of the public and affected agencies concerning the 
proposed collection of information to:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    Interested persons are invited to submit comments regarding the 
information collection requirements in this proposal. Comments must 
refer to the proposal by name and docket number (FR-5221-P-01) and must 
be sent to:

HUD Desk Officer, Office of Management and Budget, New Executive Office 
Building, Washington, DC 20503; and
Reports Liaison Officer, Office of the Assistant Secretary for 
Housing--Federal Housing Commissioner, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 9116, Washington, DC 20410-8000.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 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 government or the private sector within the 
meaning of the Unfunded Mandates Reform Act of 1995.

Environmental Review

    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 Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant 
Impact is available for public inspection between the hours of 8 a.m. 
and 5 p.m. weekdays in the Regulations Division, Office of General 
Counsel, Department of Housing and Urban Development, 451 7th Street, 
SW., Room 10276, Washington, DC 20410-0500. Due to security measures at 
the HUD Headquarters building, please schedule an appointment to review 
the finding by calling the Regulations Division at 202-402-3055 (this 
is not a toll-free number). Individuals with speech or hearing 
impairments may access this number through TTY by calling the Federal 
Information Relay Service at 800-877-8339.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule would not have 
a significant economic impact on a substantial number of small 
entities. This rule would regulate establishments primarily engaged in 
making manufactured homes (NAICS 32991). The Small Business 
Administration's size standards define an establishment primarily 
engaged in making manufactured homes as small if it does not exceed 500 
employees. Of the 222 firms included under this NAICS definition, 198 
are small manufacturers that fall below the small business threshold of 
500 employees. The proposed rule will apply to all of the 
manufacturers. The rule would thus affect a substantial number of small 
entities, but would not have a significant economic impact on these 
small entities.
    Based on an analysis of the costs and the fact that a small 
manufacturer would just as likely produce homes at the higher end of 
the cost spectrum as would a major producer, evaluating the effect of 
the increase is not discernible based on the size of the manufacturing 
operation. For the reasons stated below, HUD knows of no instance of a 
manufacturer with fewer than 500 employees that would be economically 
affected significantly by this rule. As the preamble discusses, the 
overwhelming majority of the revisions to the Construction and Safety 
Standards proposed by this rule are directed to relieving burden on all 
manufacturers by having the Standards be consistent with current design 
and construction standards or state and local codes. Reducing the 
differences between the federal standards for design and construction 
of manufactured homes with current industry standards reduces burden 
for all manufacturers.
    As discussed under the ``Regulatory Planning and Review'' section 
of this preamble, the annual economic impact of this rule is not 
significant, since the changes made by this rule are largely changes 
conforming to current industry practices and current building codes.

[[Page 39880]]

This assessment shows that this does not represent a significant 
economic effect on either an industry-wide or per-unit basis.
    The relatively small increase in cost for the manufacturer 
associated with this proposed rule would not impose a significant 
burden on a small business for manufacturing homes that can cost the 
purchaser between $40,000 and $100,000. Therefore, although this rule 
would affect a substantial number of small entities, it would not have 
a significant economic impact on them. Therefore, the undersigned 
certifies that this rule will not have a significant impact on a 
substantial number of small entities.
    Notwithstanding HUD's view that this rule will not have a 
significant economic effect on a substantial number of small entities, 
HUD specifically invites comments regarding this certification and any 
less burdensome alternatives to this rule that will meet HUD's 
objectives, as described in this preamble.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either: (i) Imposes substantial direct compliance costs on state and 
local governments and is not required by statute, or (2) preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Order. This proposed rule does not have federalism 
implications, within the meaning of the Executive Orders, and would not 
impose substantial direct compliance costs on state and local 
governments nor preempt state law within the meaning of the Order.

IV. Incorporation by Reference

    Before HUD issues a final rule, these reference standards will be 
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. Copies 
of these standards may be obtained from the following organizations:

AAMA--American Architectural Manufacturers Association, 1540 East 
Sundee Road, Palatine, Illinois 60067. http://www.aamanet.org.
ANSI--American National Standards Institute, 11 West 42nd Street, New 
York, New York 10036, (212) 642-4900, fax number (212) 398-0023, http://www.ansi.org.
APA--The Engineered Wood Association, 7011 South 19th Street, Tacoma, 
Washington 98411, (253) 565-6600, fax number (253) 565-7265, http://www.apawood.org.
ASSE--American Society of Sanitary Engineering, PO Box 40362, Bay 
Village, Ohio 44140, (216) 835-3040, fax number (216) 835-3488, http://www.asse-plumbing.org.
ASTM--American Society for Testing and Materials, 100 Barr Harbor 
Drive, West Conshohocken, Pennsylvania 19428, (610) 832-9500, fax 
number (610) 832-9555, http://www.astm.org.
CSA (IAS)--CSA International (formerly International Approval 
Services), 8501 East Pleasant Valley Road, Cleveland, Ohio 44131, (216) 
524-4990, fax number (216) 642-3463, http://www.csa-international.org.
NFPA--National Fire Protection Association, Batterymarch Park, Quincy, 
Massachusetts 02269, (617) 770-3000, fax number (617) 770-0700, http://www.nfpa.org.
PS--National Institute of Standards and Technology, Voluntary Product 
Standards, Gaithersburg, Maryland 20810, (301) 975-2000, fax number 
(301) 926-1559, http://www.nist.gov.
RADCO--Resources, Applications, Designs, & Controls, Inc., 3220 East 
59th Street, Long Beach, California 90805, http://www.radcoinc.com.
UL--Underwriters Laboratories, 333 Pfingsten Road, Northbrook, Illinois 
60062, (847) 272-8800, fax number (847) 509-6257, http://www.ul.com.
WDMA--Window & Door Manufacturers Association, 1400 East Touhy Avenue, 
Des Plaines, Illinois 60018, (847) 299-5200, fax number (847) 299-1286, 
http://www.wdma.com.

List of Subjects in 24 CFR Part 3280

    Housing standards, Manufactured homes.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for Manufactured 
Housing Construction and Safety Standards is 14.171.
    Accordingly, for the reasons stated in the preamble, HUD proposes 
to amend 24 CFR part 3280 as follows:

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

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

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

    2. In Sec.  3280.4, revise paragraph (a) and add a reference to 
RADCO in alphabetical order under paragraph (b) to read as follows:


Sec.  3280.4  Incorporation by reference.

    (a) The specifications, standards, and codes of the following 
organizations are incorporated by reference. Reference standards have 
the same force and effect as the standards in this part. Where two or 
more referenced standards are equivalent in application, the 
manufacturer has the option to incorporate into the manufactured home 
design and construction the referenced standard of its choosing. When 
reference standards and the standards in this part are inconsistent, 
however, the requirements of this part must prevail to the extent of 
the inconsistency.
    (b) * * *
RADCO--Resources, Applications, Designs, & Controls, 3220 East 59th 
Street, Long Beach, California 90805.
* * * * *
    3. In Sec.  3280.105, revise paragraphs (a)(2)(iv) and (b)(2) to 
read as follows:


Sec.  3280.105  Exit facilities; exterior doors.

    (a) * * *
    (2) * * *
    (iv) One of the required exit doors must be accessible from the 
doorway of each bedroom without traveling more than 35 feet. The travel 
distance to the exit door must be measured on the floor or other 
walking surface along the center-line of the natural and unobstructed 
path of travel starting at the center of the bedroom door, curving 
around any corners or permanent obstructions with a one foot clearance 
from, and ending at, the center of the exit door.
    (b) * * *
    (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.
* * * * *
    4. Revise Sec.  3280.111 to read as follows:


Sec.  3280.111  Toilet compartments.

    Each toilet compartment must have a minimum width of 30 inches, 
with a minimum clear space of 21 inches in front of each toilet. A 
toilet located adjacent to a wall must have the center-line of the 
toilet located a minimum of 15 inches from the wall. A toilet located 
adjacent to a tub must have the center-line of the toilet located a 
minimum of 12 inches from the outside edge of the tub.
    5. Amend Sec.  3280.113 by revising paragraph (b) and adding new 
paragraphs (c) and (d) to read as follows:

[[Page 39881]]

Sec.  3280.113  Glass and glazed openings.

* * * * *
    (b) Hazardous locations requiring safety glazing. Except as 
provided in paragraph (d) of this section, the following locations and 
areas require the use of safety glazing conforming to the requirements 
of paragraph (c) of this section:
    (1) Glazing in all entrance or exit doors;
    (2) Glazing in fixed and sliding panels of sliding glass doors;
    (3) Glazing in storm type doors;
    (4) Glazing in unframed side-hinged swinging doors;
    (5) Glazing in doors and fixed panels less than 60 inches above the 
room floor level that enclose bathtubs, showers, hydromassage tubs, hot 
tubs, whirlpools, saunas;
    (6) Glazing within 12 inches horizontally, as measured from the 
edge of the door in the closed position, and 60 inches vertically as 
measured from the room floor level, adjacent to and in the same plane 
of a door;
    (7) Glazing within 36 inches of an interior room walking surface 
when the glazing meets all of the following:
    (i) Individual glazed panels exceed 9 square feet in area in an 
exposed surface area;
    (ii) The bottom edge of the exposed glazing is less than 19 inches 
above the room floor level; and
    (iii) The top edge of the exposed glazing is greater than 36 inches 
above the room floor level.
    (8) Glazing in rails and guardrails; and
    (9) Glazing in unbacked mirrored wardrobe doors (i.e., mirrors that 
are not secured to a backing that is capable of being the door itself).
    (c) Safety glazing material is considered to be any glazing 
material capable of meeting the requirements of CPSC 16 CFR part 1201, 
or the Safety Performance Specifications and Methods of Test for Safety 
Glazing Materials Used in Buildings, ANSI Z97.1-1984.
    (d) Glazing in the following locations is not required to meet the 
requirements in paragraph (b) of this section:
    (1) Openings in doors through which a 3-inch sphere is unable to 
pass;
    (2) Leaded and decorative glazed panels;
    (3) Glazing in jalousie type doors;
    (4) Glazing as described in paragraph (b)(6) of this section when 
an intervening wall or other permanent barrier exists between the door 
and the glazing;
    (5) Glazing as described in paragraph (b)(7) of this section when a 
protective bar or member is installed horizontally between 34 inches 
and 38 inches above the room floor level, as long as the bar or member 
is a minimum of 1\1/2\ inches in height and capable of resisting a 
horizontal load of 50 pounds per lineal foot; and
    (6) Mirrors mounted on a flush door surface or solid wall surface.
    6. In Sec.  3280.204, revise paragraph (c) to read as follows:


Sec.  3280.204  Kitchen cabinet protection.

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


Sec. Sec.  3280.207 through 3280.209  [Redesignated as Sec. Sec.  
3280.208 through 3280.210]

    7. Redesignate Sec. Sec.  3280.207 through 3280.209 as Sec. Sec.  
3280.208 through 3280.210, respectively.
    8. Add a new Sec.  3280.207 to read as follows:


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, 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 Flooring, Floor Covering, 
and Miscellaneous Materials and Assemblies, and must have a flame 
spread index of 25 or less and a smoke developed index of 450 or less.
    (c) Attic locations. Exposed insulation installed on the floor or 
ceiling forming the lower boundary of the attic must be tested in 
accordance with NFPA 253-2000, Standard Method of Test for Critical 
Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy 
Source, and must have a critical radiant flux of not less than 0.12 
watt/cm\2\.
    9. Revise Sec.  3280.301 to read as follows:


Sec.  3280.301  Scope.

    This subpart covers the minimum requirements for materials, 
products, equipment, and workmanship needed to assure that the 
manufactured home will provide the following:
    (a) Structural strength and rigidity;
    (b) Protection against corrosion, decay, insects, rodents, and 
other similar destructive forces;
    (c) Protection against wind hazards;
    (d) Resistance to the elements; and
    (e) Durability and economy of maintenance.
    10. In Sec.  3280.304(b)(1), in the list under the undesignated 
heading ``Wood and Wood Products'':
    a. Revise the references to ``Design and Fabrication of Glued 
Plywood-Lumber Beams,'' ``Design and Fabrication of Plywood Sandwich 
Panels,'' and ``Design and Fabrication of Plywood Stressed Skin 
Panels;''
    b. Remove the reference to ``Voluntary Product Standards, 
Performance Standard for Wood-Based Structural Use Panels,'' and add in 
its place a reference to ``Performance Standards for Wood-Based 
Structural Use Panels''; and
    c. Add new reference standards for ``Engineered Wood Construction 
Guide'' and for ``Medium Density Fiberboard (MDF),'' immediately 
preceding the undesignated heading ``Other''.
    The revisions and additions read as follows:


Sec.  3280.304  Materials.

* * * * *
    (b)(1) * * *

Wood and Wood Products
* * * * *

[[Page 39882]]

    Design and Fabrication of Glued Plywood-Lumber Beams, Suppl. 2--
APA-S 812R, 1998.
* * * * *
    Design and Fabrication of Plywood Sandwich Panels--APA-U814 H, 
1993.
    Performance Standard for Wood-Based Structural Use Panels--PS 2-04, 
2005.
    Design and Fabrication of Plywood Stressed-Skin Panels, Suppl. 3--
APA-U 813L, 1996.
* * * * *
    Engineered Wood Construction Guide--APA, 2001.
    Medium Density Fiberboard (MDF)--ANSI A208.2-1999.
* * * * *
    11. In Sec.  3280.305, revise paragraphs (c)(1)(i), (c)(2)(iv), and 
(c)(3)(ii) to read as follows:


Sec.  3280.305  Structural design requirements.

* * * * *
    (c) * * *
    (1) * * *
    (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.
* * * * *
    (2) * * *
    (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) * * *
    (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.
* * * * *
    12. In Sec.  3280.306, revise paragraphs (b)(2)(v) and (g)(2) to 
read as follows:


Sec.  3280.306  Windstorm protection.

* * * * *
    (b) * * *
    (2) * * *
    (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, Standard 
Specification for Strapping, Flat Steel and Seals, 1997.
    (g) * * *
    (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, Standard 
Specification for Strapping, Flat Steel and Seals, 1997.
    13. In Sec.  3280.308, revise paragraph (a)(2), and add paragraphs 
(a)(3) and (a)(4) to read as follows:


Sec.  3280.308  Formaldehyde emission controls for certain wood 
products.

    (a) * * *
    (2) Particleboard used as flooring materials must not emit 
formaldehyde in excess of 0.20 parts per million (ppm), as measured by 
the air chamber test specified in Sec.  3280.406.
    (3) Particleboard materials used in applications other than 
flooring must not emit formaldehyde in excess of 0.30 ppm, as measured 
by the air chamber test specified in Sec.  3280.406.
    (4) Medium Density Fiberboard (MDF) must not emit formaldehyde in 
excess of 0.3 ppm, as measured by the air chamber test specified in 
Sec.  3280.406.
* * * * *
    14. In Sec.  3280.403, revise the section heading, revise paragraph 
(a), redesignate paragraph (b) as (b)(1), add paragraph (b)(2), revise 
paragraph (c), and add paragraph (e)(3) to read as follows:


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) * * *
    (2) All skylights must comply with AAMA/WDMA 1600/I.S 7-00, 
Voluntary Specifications for Skylights. 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.
* * * * *
    (e) * * *
    (3) All skylights installed in manufactured homes must be certified 
as complying with AAMA/WDMA 1600/I.S 7-00, Voluntary Specifications for 
Skylights. This certification must be based on applicable loads 
specified in paragraph (b) of this section.
* * * * *
    15. In Sec.  3280.404, revise paragraph (c)(2) and add paragraph 
(c)(3) to read as follows:


Sec.  3280.404  Standard for egress windows and devices for use in 
manufactured homes.

* * * * *
    (c) * * *
    (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.
* * * * *
    16. Revise Sec.  3280.503 to read as follows:


Sec.  3280.503  Materials.

    Materials used for insulation and the thermal and pressure 
envelopes must be of proven effectiveness and adequate durability to 
ensure that required design conditions concerning thermal transmission 
and energy conservation are attained.
    17. In Sec.  3280.504, redesignate existing paragraph (c) as 
paragraph (d) and add new paragraph (c) to read as follows:


Sec.  3280.504  Condensation control and installation of vapor 
retarders.

* * * * *
    (c) Liquid Applied Vapor Retarders. Each liquid applied vapor 
retarder must

[[Page 39883]]

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.
* * * * *
    18. In Sec.  3280.505, revise paragraph (a) to read as follows:


Sec.  3280.505  Air infiltration.

    (a) Envelope air infiltration. The pressure envelope must be 
designed and constructed to limit air infiltration to the living area 
of the home. Any design, material, method, or combination thereof that 
accomplishes this goal may be used. The goals of the infiltration 
control criteria are to reduce heat loss/heat gain due to infiltration, 
limit moisture transfer that causes condensation, and reduce draft that 
causes comfort problems.
* * * * *
    19. In Sec.  3280.506, revise paragraph (c) to read as follows:


Sec.  3280.506  Heat loss/heat gain.

* * * * *
    (c) Manufactured homes designed for Uo Value Zone 3 must be 
factory-equipped with storm windows or insulating glass. Interior 
mounted storm window frames must be sealed.
    20. In Sec.  3280.508, revise paragraph (c) to read as follows:


Sec.  3280.508  Heat loss, heat gain, and cooling load calculations.

* * * * *
    (c) Areas where the insulation does not fully cover a surface or is 
compressed must 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'') 
must 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 one percent of the total exterior surface 
area, or 40 square feet, whichever is less. Areas will be considered 
low-R-value heat-flow paths if both of the following apply:
    (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.
* * * * *
    21. In Sec.  3280.509, revise paragraph (c) to read as follows:


Sec.  3280.509  Criteria in absence of specific data.

* * * * *
    (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 Sec.   3280.509(c)--Effect of Insulation Compression and Restriction on R-Values
----------------------------------------------------------------------------------------------------------------
                    Non-uniform (a)                                          Non-uniform (a)
  Original            restriction           Uniform (b)      Original          restriction          Uniform (b)
 thickness % ----------------------------   compression    thickness % --------------------------   compression
                Batt (%)      Blown (%)       Batt (%)                    Batt (%)    Blown (%)      Batt (%)
----------------------------------------------------------------------------------------------------------------
           0            20            15                0
           1            26            21                1           51           81           73              62
           2            32            25                2           52           81           73              63
           3            36            28                4           53           82           74              64
           4            38            30                5           54           82           75              65
           5            41            32                7           55           83           75              65
           6            43            33                8           56           83           76              66
           7            45            35               10           57           84           76              67
           8            46            36               11           58           84           77              68
           9            48            38               13           59           84           78              69
          10            49            39               14           60           85           78              70
----------------------------------------------------------------------------------------------------------------
          11            51            40               15           61           85           79              71
          12            52            42               17           62           86           79              72
          13            53            43               18           63           86           80              73
          14            54            44               20           64           87           81              74
          15            55            45               21           65           87           81              74
          16            57            46               22           66           88           82              75
          17            58            47               24           67           88           82              76
          18            59            48               25           68           88           83              77
          19            59            49               26           69           89           84              78
          20            60            50               28           70           89           84              78
----------------------------------------------------------------------------------------------------------------
          21            61            51               29           71           90           85              79
          22            62            52               30           72           90           85              80
          23            63            52               31           73           90           86              81
          24            64            53               33           74           91           86              82
          25            65            54               34           75           91           87              82
          26            65            55               35           76           92           87              83
          27            66            56               36           77           92           88              84
          28            67            57               37           78           92           89              85
          29            68            57               39           79           93           89              85
          30            68            58               40           80           93           90              86
----------------------------------------------------------------------------------------------------------------
          31            69            59               41           81           93           90              87
          32            70            60               42           82           94           91              88
          33            70            60               43           83           94           91              88
          34            71            61               44           84           95           92              89
          35            72            62               45           85           95           92              90
          36            72            63               47           86           95           93              91

[[Page 39884]]

 
          37            73            63               48           87           96           93              91
          38            74            64               49           88           96           94              92
          39            74            65               50           89           96           94              93
          40            75            65               51           90           97           95              93
----------------------------------------------------------------------------------------------------------------
          41            75            66               52           91           97           95              94
          42            76            67               53           92           97           96              95
          43            76            68               54           93           98           96              95
          44            77            68               55           94           98           97              96
          45            78            69               56           95           98           97              97
          46            78            70               57           96           99           98              97
          47            79            70               58           97           99           98              98
          48            79            71               59           98           99           99              99
          49            80            71               60           99          100           99              99
          50            80            72               61          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.

* * * * *
    22. In Sec.  3280.510, revise paragraphs (b) and (c) to read as 
follows:


Sec.  3280.510  Heat loss certificate.

* * * * *
    (b) Outdoor temperature. The heating certificate must indicate the 
lowest outdoor temperature at which the installed heating equipment 
will maintain a 70[deg]F temperature inside the home.
    (c) Text of certificate.

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 70 [deg]F temperature in this home at outdoor temperatures 
of ---- [deg]F.
* * * * *
    23. In Sec.  3280.511, revise paragraphs (a)(1) and (a)(2) to read 
as follows:


Sec.  3280.511  Comfort cooling certificate and information.

    (a) * * *
    (1) Alternative 1. If a central air conditioning system is provided 
by the home manufacturer, the heat gain calculation necessary to 
properly size the air conditioning equipment must be made in accordance 
with the procedures outlined in Chapter 27 of the 1997 ASHRAE Handbook 
of Fundamentals, with an assumed location and orientation. The 
following must be supplied in the Comfort Cooling Certificate:

Air Conditioner Manufacturer-------------------------------------------
Air Conditioner Model--------------------------------------------------

Certified Capacity ----, BTU/hour 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.

Alternative 1

Comfort Cooling Certificate Example

Manufactured Home Manufacturer:----------------------------------------
Plant Location:--------------------------------------------------------
Manufactured Home Model:-----------------------------------------------
Air Conditioner Manufacturer:------------------------------------------

Certified capacity ---- BTU/hour, 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 the 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 of this home to 
the sun's radiant heat. Therefore, the home's heat gains will vary 
depending upon its orientation to the sun and any permanent shading 
provided. Information concerning the calculation of the cooling 
loads at various locations, window exposures, and shadings is 
provided in Chapter 27 of the 1997 ASHRAE Handbook of Fundamentals.

    (2) Alternative 2. For each home suitable for a central air 
conditioning system but in which such a system is not installed, the 
manufacturer must provide the following statement: ``The air 
distribution system of this home is suitable for the installation of a 
central air conditioning system.'' The Comfort Cooling Certificate 
required by paragraph (a) of this section must include the information 
provided in the following:

Comfort Cooling Certificate

Manufactured Home Manufacturer:----------------------------------------
Plant Location:--------------------------------------------------------
Manufactured Home Model:

    The air distribution system of this home is suitable for the 
installation of central air conditioning.
    The supply air duct system installed in this home is sized for a 
manufactured home central air conditioning system of up to ---- BTU/
Hr. This size assumes the air conditioner uses air circulators rated 
at 0.3 inch water column static pressure or greater for the cooling 
air delivered to the manufactured home supply air duct system.
* * * * *
    24. In Sec.  3280.602, remove the definition for Anti-siphon trap 
vent device and add a new definition for Mechanical trap vent device in 
alphabetical order as follows:

[[Page 39885]]

Sec.  3280.602  Definitions.

* * * * *
    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.
* * * * *
    25. In Sec.  3280.603, revise paragraphs (a)(2), (b)(4)(ii), and 
(b)(4)(iii) to read as follows:


Sec.  3280.603  General requirements.

    (a) * * *
    (2) Conservation. Each water closet must not use more than 1.6 
gallons of water per flush.
* * * * *
    (b) * * *
    (4) * * *
    (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).
* * * * *
    26. In Sec.  3280.604(b)(2), in the list under the undesignated 
heading ``Plastic Pipe and Fittings,'' add new reference standards for 
``Standard Specification for Crosslinked Polyethylene (PEX) Tubing,'' 
and ``Standard Specification for Crosslinked Polyethylene (PEX) Plastic 
Hot- and Cold-Water Distribution Systems,'' immediately before the 
undesignated heading ``Miscellaneous,'' to read as follows:


Sec.  3280.604  Materials.

* * * * *
    (b) * * *
    (2) * * *
* * * * *
    Standard Specification for Crosslinked Polyethylene (PEX) Tubing--
ASTM F876-1993.
    Standard Specification for Crosslinked Polyethylene (PEX) Plastic 
Hot- and Cold-Water Distribution Systems--ASTM F877-1995.
* * * * *
    27. In Sec.  3280.605, redesignate paragraphs (a)(1) through 
(a)(7), as paragraphs (b) through (h); in newly redesignated paragraph 
(h), further redesignate paragraphs (i) and (ii) as paragraphs (h)(1) 
and (h)(2); and revise newly redesignated paragraph (h)(1) to read as 
follows:


Sec.  3280.605  Joints and connections.

* * * * *
    (h) * * *
    (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.
* * * * *
    28. In Sec.  3280.606, revise paragraph (a)(2) to read as follows:


Sec.  3280.606  Traps and cleanouts.

    (a) * * *
    (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.
* * * * *
    29. In Sec.  3280.607, revise paragraphs (a)(3), (b)(2)(v), 
(b)(4)(i), (b)(5)(ii), and (c)(6)(i) through (c)(6)(iii), and add new 
paragraph (b)(3)(v) to read as follows:


Sec.  3280.607  Plumbing fixtures.

    (a) * * *
    (3) Fixture Connections. Fixture tailpieces and continuous wastes 
in exposed or accessible locations must be of not less than No. 20 
Brown and Sharpe gauge seamless drawn-brass tubing or other approved 
pipe or tubing materials. Inaccessible fixture connections must be 
constructed according to the requirements for drainage piping. The 
diameter of each fixture tailpiece, continuous waste, or waste and 
overflow must be not less than:
    (i) 1\1/2\ inches, for sinks of two or more compartments, 
dishwashers, clothes washing machines, laundry tubs, bathtubs, and 
showers; and
    (ii) Not less than 1\1/4\ inches for lavatories or single 
compartment sinks having a 2-inch maximum drain opening.
* * * * *
    (b) * * *
    (2) * * *
    (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.
    (3) * * *
    (v) Shower, bathtub, and tub-shower combination valves must be 
balanced pressure, thermostatic, or combination mixing valves that 
conform to the requirements of ASSE 1016-1996, Performance Requirements 
for Individual Thermostatic Pressure Balancing and Combination Control 
for Bathing Facilities. Such valves must be equipped with handle 
position stops that are adjustable in accordance with the valve 
manufacturer's instructions to a maximum setting of 120 [deg]F.
    (4) * * *
    (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.
* * * * *
    (5) * * *
    (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.
* * * * *
    (c) * * *
    (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.
* * * * *

[[Page 39886]]

    30. In Sec.  3280.609, revise paragraphs (b)(7) and (b)(8) to read 
as follows:


Sec.  3280.609  Water distribution systems.

* * * * *
    (b) * * *
    (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.
* * * * *
    31. In Sec.  3280.610, revise paragraphs (b)(1) and (e) to read as 
follows:


Sec.  3280.610  Drainage systems.

* * * * *
    (b) * * *
    (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.
* * * * *
    (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.
* * * * *
    32. In Sec.  3280.611, revise paragraphs (b)(1), (d), and (f), to 
read as follows:


Sec.  3280.611  Vents and venting.

* * * * *
    (b) * * *
    (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.
* * * * *
    (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 
(d)(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, and to ASTM C 564-97, Standard Specification for Rubber 
Gaskets for Cast Iron Soil Pipe and Fittings; or
    (2) Other material, conforming to ASTM C 920-2002, Standard 
Specification for Elastomeric Joint Sealants, and to ASTM D 4635-2001, 
Standard Specification for Polyethylene Films Made from Low-Density 
Polyethylene for General Use and Packaging Applications.
    (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.
    (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.
* * * * *
    (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.
* * * * *
    33. In Sec.  3280.702, revise the definitions of ``Class 0 air 
ducts,'' ``Class 1 air ducts,'' ``Heating appliance,'' and ``Water 
heater;'' remove the definitions of ``Class 2 air ducts'' and ``Energy 
Efficiency Ratio (EER);'' and add definitions of ``Combination space 
heating and water heating appliance,'' ``Direct-vent system,'' and 
``Direct-vent system appliance'' in alphabetical order, as follows:


Sec.  3280.702  Definitions.

* * * * *
    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 181-1998, Factory-Made Air Ducts and Air Connectors.
    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, Standard for Safety 
Factory-Made Air Ducts and Air Connectors.
* * * * *

[[Page 39887]]

    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.
* * * * *
    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.
* * * * *
    Heating appliance means an appliance for comfort heating, domestic 
water heating, or a combination of comfort heating and domestic water 
heating.
* * * * *
    Water heater means an appliance for heating water for domestic 
purposes.
    34. In Sec.  3280.703:
    a. Under the undesignated heading ``Appliances,'' add a reference 
standard for ``Decorative Gas Appliances for Installation in Solid Fuel 
Burning Appliances'' after the standard for ``Gas-Fired Central 
Furnace;''
    b. Under the undesignated heading ``Miscellaneous,'' revise the 
reference standards for ``Gas Appliance Thermostats'' and ``Standard 
for the Installation of Oil-Burning Equipment''.
    The revisions and additions to read as follows:


Sec.  3280.703  Minimum standards.

* * * * *
    Decorative Gas Appliances for Installation in Solid Fuel Burning 
Appliances--RADCO Standard DS-010-1991.
* * * * *
    Gas Appliance Thermostats[boxh]ANSI Z21.23, 1993.
* * * * *
    Standard for the Installation of Oil-Burning Equipment, NFPA 31, 
2001 Edition.
* * * * *


Sec.  3280.705  [Removed and reserved].

    35. Remove and reserve Sec.  3280.704.
    36. In Sec.  3280.705, add paragraph (b)(5), add Table 3280.705(d) 
following paragraph (d), and revise paragraph (h) (removing the Table 
designated ``Part I'' and the reference to ``Part II [Reserved]'') to 
read as follows:


Sec.  3280.705  Gas piping systems.

* * * * *
    (b) * * *
    (5) Corrugated stainless steel tubing (CSST) systems must be listed 
and installed in accordance with ANSI/IAS LC-1-1997, Gas Piping Systems 
Using Corrugated Stainless Steel Tubing, and the requirements of this 
section.
* * * * *
    (d) * * *

 Table 3280.705(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 [frac12] in. Water Column
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    ID                        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\ in..................................         43         29         24         20         18         16         15         14         13         12
\3/8\ in..................................         95         65         52         45         40         36         33         31         29         27
\1/2\ in..................................        175        120         97         82         73         66         61         57         53         50
\3/4\ in..................................        360        250        200        170        151        138        125        118        110        103
1 in......................................        680        465        375        320        285        260        240        220        215        195
--------------------------------------------------------------------------------------------------------------------------------------------------------


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


 
                    OD                        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\ in..................................         27         18         15         13         11         10          9          9          8          8
\3/8\ in..................................         56         38         31         26         23         21         19         18         17         16
\1/2\ in..................................        113         78         62         53         47         43         39         37         34         33
\3/4\ in..................................        197        136        109         93         83         75         69         64         60         57
1 in......................................        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.

* * * * *
    (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

[[Page 39888]]

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.
* * * * *
    37. In Sec.  3280.706, revise paragraph (j) to read as follows:


Sec.  3280.706  Oil piping systems.

* * * * *
    (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.''
    38. In Sec.  3280.707, revise paragraphs (a)(2) and (d) to read as 
follows:


Sec.  3280.707  Heat producing appliances.

    (a) * * *
    (2) Each gas and oil burning comfort heating appliance must have an 
Annual Fuel Utilization Efficiency of not less than that specified in 
the National Appliance Energy Conservation Act of 1987.
* * * * *
    (d) Performance efficiency. Each automatic storage water heater 
must comply with the efficiency requirements of the National Appliance 
Energy Conservation Act of 1987.
    39. Revise Sec.  3280.711 to read as follows:


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.
    40. In Sec.  3280.714, revise paragraphs (a)(1)(i) and (ii) to read 
as follows:


Sec.  3280.714  Appliances, cooling.

    (a) * * *
    (1) * * *
    (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 the National Appliance Energy 
Conservation Act of 1987.
    (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 National Appliance 
Energy Conservation Act of 1987.
* * * * *
    41. In Sec.  3280.715, revise the introductory text of paragraph 
(a)(1); revise the heading and add introductory text in paragraph 
(a)(2); and revise paragraphs (a)(4), (a)(5)(ii), (a)(6), (a)(7), and 
(d), to read as follows:


Sec.  3280.715  Circulating air systems.

    (a) * * *
    (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 181-1998, Factory-Made Air Ducts and Air Connectors. 
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:
* * * * *
    (2) Duct Static Pressure Test. The duct static pressure test is to 
be performed after the system has demonstrated compliance with 
paragraph (a)(4) of this section.
* * * * *
    (4) Airtightness of Supply Duct Systems. A supply duct system is 
considered to be 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 paragraph 
(a)(1) of this section, pressures must be measured with a water 
manometer or equivalent device calibrated to read in increments not 
greater than 1/10 inch water column. All duct designs requiring 
crossover duct plenums must be tested with the plenum in place.
    (5) * * *
    (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 installed outside the thermal envelope must be 
insulated with material having an effective thermal resistance (R) of 
not less than 4, unless the ducts are within manufactured home 
insulation having a minimum effective value of R-4 for floors, or R-6 
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.
* * * * *
    (d) Supports and protection. Ducts must be securely supported. 
Nails or other fasteners must not be driven or

[[Page 39889]]

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.
* * * * *
    42. In Sec.  3280.802, revise paragraphs (a)(37) and (a)(39) to 
read as follows:


Sec.  3280.802  Definitions.

    (a) * * *
    (37) Receptacle means a contact device installed at the outlet for 
the connection of an attachment plug. A single receptacle is a single 
contact device with no other contact device on the same yoke. A 
multiple receptacle is a device with two or more contact devices on the 
same yoke.
* * * * *
    (39) Utilization equipment means equipment that utilizes electric 
energy for electronic, electromechanical, chemical, heating, lighting, 
or similar purposes.
* * * * *
    43. In Sec.  3280.803, revise paragraphs (d), (f), (i), (k)(2), and 
(k)(3) to read as follows:


Sec.  3280.803  Power supply.

* * * * *
    (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.
* * * * *
    (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] TP13JY10.453

* * * * *
    (i) Where the cord passes through walls or floors, it must be 
protected by means of conduits and bushings or the equivalent. The cord 
is permitted to be installed within the manufactured home walls, 
provided that a continuous raceway having a maximum size of 1\1/4\ inch 
is installed from the branch-circuit panelboard to the underside of the 
manufactured home floor.
* * * * *
    (k) * * *
    (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. 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;
    (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).
    44. In Sec.  3280.804, revise paragraphs (a), (c), (e), and (f) to 
read as follows:


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, 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.
* * * * *
    (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

[[Page 39890]]

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).
* * * * *
    (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.
* * * * *
    45. In Sec.  3280.805, add a sentence at the end of paragraph 
(a)(1), revise paragraphs (a)(2) and (a)(3)(i), and add a new paragraph 
(a)(3)(vi), to read as follows:


Sec.  3280.805  Branch circuits required.

    (a) * * *
    (1) * * * 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) * * *
    (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);
* * * * *
    (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).)
* * * * *
    46. In Sec.  3280.806, revise paragraph (b) and paragraph (d) 
introductory text, redesignate paragraph (d)(10) as paragraph (d)(11), 
and add new paragraphs (d)(10) and (g) to read as follows:


Sec.  3280.806  Receptacle outlets.

* * * * *
    (b) All 125-volt, single-phase, 15- and 20-ampere receptacle 
outlets installed outdoors, or in compartments accessible from outside 
the manufactured home, and in bathrooms, including receptacles in light 
fixtures, must have ground-fault circuit-interrupter protection for 
personnel. Ground-fault circuit-interrupter protection for personnel 
must be provided for receptacles serving countertops in kitchens and 
receptacle outlets located within 6 feet of a wet bar sink, except for 
receptacles installed for appliances in dedicated spaces, such as for 
dishwashers, disposals, refrigerators, freezers, and laundry equipment.
* * * * *
    (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:
* * * * *
    (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.
    (iv) Not be considered as the receptacle outlet required by 
paragraph (8) of this section.
* * * * *
    (g) Receptacles must not be in a face-up position in any 
countertop.
    47. In Sec.  3280.807, revise paragraph (c) to read as follows:


Sec.  3280.807  Fixtures and appliances.

* * * * *
    (c) Where a lighting fixture is installed over a bathtub or in a 
shower stall, it must be listed for wet locations. [See also Article 
410.4(D) of the National Electrical Code NFPA No. 70-2005.]
* * * * *
    48. In Sec.  3280.808,
    a. Revise paragraphs (f), (h), (i) introductory text, (i)(1), and 
(k);
    b. Remove paragraph (l);
    c. Redesignate paragraphs (m) through (r) as paragraphs (l) through 
(q); and
    d. Revise newly redesignated paragraph (o)(2).
    The revisions read as follows:


Sec.  3280.808  Wiring methods and materials.

* * * * *
    (f) Where metal faceplates are used, they must be effectively 
grounded.
* * * * *
    (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.
* * * * *
    (k) When outdoor or under-chassis line-voltage (120 volts, nominal 
or higher) wiring is exposed to moisture or

[[Page 39891]]

physical damage, it must be protected by rigid metal conduit or 
intermediate metal conduit. The conductors must be suitable for wet 
locations. Electrical metallic tubing or rigid nonmetallic conduit is 
permitted to be used when closely routed against frames and equipment 
enclosures.
* * * * *
    (o) * * *
    (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.
* * * * *
    49. In Sec.  3280.813, revise paragraph (b) to read as follows:


Sec.  3280.813  Outdoor outlets, fixtures, air-conditioning equipment, 
etc.

* * * * *
    (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) 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.
    (3) 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.
    50. In Sec.  3280.815, revise paragraph (a) as follows:


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, 3-way, or 4-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.
* * * * *

    Date: May 25, 2010.
David H. Stevens,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2010-16724 Filed 7-12-10; 8:45 am]
BILLING CODE 4210-67-P