[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Rules and Regulations]
[Pages 2496-2526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28227]
[[Page 2495]]
Vol. 86
Tuesday,
No. 7
January 12, 2021
Part II
Department of Housing and Urban Development
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24 CFR Parts 3280, 3282 and 3285
Manufactured Home Construction and Safety Standards; Final Rule
Federal Register / Vol. 86 , No. 7 / Tuesday, January 12, 2021 /
Rules and Regulations
[[Page 2496]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 3280, 3282, and 3285
[Docket No. FR-6149-F-02]
RIN 2502-AJ49
Manufactured Home Construction and Safety Standards
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Final rule.
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SUMMARY: This final rule amends the Federal Manufactured Home
Construction and Safety Standards (the Construction and Safety
Standards) by adopting recommendations made to HUD by the Manufactured
Housing Consensus Committee (MHCC), as modified by HUD. The National
Manufactured Housing Construction and Safety Standards Act of 1974 (the
Act) requires HUD to publish in the proposed revised Construction and
Safety Standards submitted by the MHCC. The MHCC prepared and submitted
to HUD its third group of recommendations to improve various aspects of
the Construction and Safety Standards. HUD reviewed those
recommendations and adopted some of them after making editorial
revisions and some additions. This final rule further revises the
Construction and Safety Standards based on HUD's review and
incorporation of certain public comments.
DATES: Effective Date: March 15, 2021. The incorporation by reference
of certain publications listed in the rule is approved by the Director
of the Federal Register as of March 15, 2021. The incorporation by
reference of certain other publications listed in the rule was approved
by the Director of the Federal Register as of August 11, 1987.
FOR FURTHER INFORMATION CONTACT: Teresa B. Payne, Administrator, Office
of Manufactured Housing Programs, Office of Housing, U.S. Department of
Housing and Urban Development, 451 7th Street SW, Washington DC 20410;
telephone 202-402-5365 (this is not a toll-free number). Persons with
hearing or speech impairments may access this number via TTY by calling
the Federal Information Relay Service at 800-877-8389 (this is a toll-
free number).
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) codified in 24 CFR
part 3280. The Act was amended in 2000 by the Manufactured Housing
Improvement Act of 2000 (Pub. L. 106-569, approved December 27, 2000)
which established the Manufactured Housing Consensus Committee (MHCC),
a consensus committee responsible for providing HUD recommendations to
adopt, revise and interpret the Construction and Safety Standards.
HUD's Construction and Safety Standards apply to the design,
construction, and installation of new homes. Changes to the collective
standards are not retroactively enforced by HUD as applicable to
previously designed, built, and installed homes.
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 Construction and Safety
standards for manufactured homes and related regulations for the
enforcement of such standards; (7) to ensure uniform and effective
enforcement of 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.
The MHCC held its first meeting in August 2002 and began work on
reviewing possible revisions to the Construction and Safety Standards.
As the MHCC proceeded, proposed revisions to the Construction and
Safety Standards were divided into sets. The first set of revisions
proposed by the MHCC was published as a final rule in the Federal
Register on November 30, 2005 (70 FR 72024). The second set of
revisions proposed by the MHCC was published as a final rule published
in the Federal Register on December 9, 2013 (78 FR 73965). This final
rule is based in part on the third set of MHCC proposals to revise the
Construction and Safety Standards published as a proposed rule in the
Federal Register on January 31, 2020 (85 FR 5589). The proposed rule
included a MHCC proposal to revise the Construction and Safety
Standards to reduce the regulatory burden by eliminating the need for
manufacturers to obtain special approvals from HUD for certain
construction features and options. HUD reviewed the MHCC's proposals
and made editorial revisions prior to publishing the January 31, 2020,
proposed rule. HUD also added proposals that complement the MHCC's
recommendations.
As explained in the January 31, 2020, proposed rule, HUD decided
not to include certain MHCC recommendations due to pending regulations
for improving energy efficiency in manufactured homes being prepared by
the U.S. Department of Energy (DOE) under the Energy Independence and
Security Act (Pub. L. 110-140, approved December 19, 2007) (EISA). DOE
published a Notice of Proposed Rulemaking on June 17, 2016 (81 FR
39756) and, more recently, a Notice of Data Availability, Request for
Information on August 3, 2018 (83 FR 38073) regarding energy
conservation standards for manufactured housing. Given this DOE
rulemaking, HUD decided to postpone action on MHCC-proposed revisions
to Sec. Sec. 3280.502 and 3280.506(b), except for the mating wall of
attached manufactured homes at Sec. 3280.506(b)--an option that is
needed to avoid a more burdensome alternative approval process (24 CFR
3282.14--Alternative construction of manufactured homes). HUD also
decided not to move forward with a new proposal to add requirements for
draftstopping to the Construction and Safety Standards. HUD will not
include or move forward with these recommendations in this final rule.
II. Changes Made at the Final Rule Stage
In consideration of the public comments and HUD's experience
[[Page 2497]]
implementing the program, HUD has made certain editorial revisions to
HUD's proposals made in the January 31, 2020, proposed rule. In
general, the revisions adopt changes to the codified regulations that
reinforce the Act's purposes, namely providing benefits to consumers,
homeowners, and the broader community; promoting and improving consumer
and home safety; reducing regulatory barriers and expanding consumer
options; and allowing use of some for the latest building technologies
and materials while creating more consistency with State-adopted
residential building codes. HUD declined to adopt some standards or
commenters' suggested changes in some instances based on considerations
of the statutorily prescribed MHCC process, the lack of authority under
the Act for HUD to regulate design and construction of certain types of
housing, and consumer safety.
The final rule will revise certain sections of the Construction and
Safety Standards, as well as the incorporated reference standards where
indicated. The revisions described below are based on HUD's review and
consideration of the public comments on the proposed rule, HUD's
experience with the program, the existent Construction and Standards,
and the issues raised in the proposed rule. The final rule also makes
minor technical edits to the Construction and Standards.
Sec. 3280.5 Data Plate
HUD revised Sec. 3280.5 by revising paragraph (d), pursuant to
public comments, to streamline data entry. Paragraph (d) now reads,
``(d) This manufactured home IS designed to accommodate the additional
loads imposed by the attachment of an attached accessory building or
structure in accordance with the manufacturer installation
instructions. The additional loads are in accordance with the design
load(s) identified on this Data Plate; or This manufactured home IS NOT
designed to accommodate the additional loads imposed by the attachment
of an attached accessory building or structure in accordance with the
manufacturer installation instructions.'' The appropriate designation
may be made while still setting forth information that may be used by
state and local authorities that have enforcement authority for site-
built structures that are not integral to the manufactured home
produced and shipped by the manufactured home manufacturer. HUD seeks
to preclude a home from being taken out of compliance when an attached
accessory building or structure is built and added on at the home site.
Sec. 3280.108 Interior Passage
HUD revised paragraph (c) in this section in accordance with the
public comments by creating an exception to the requirement for doors
to closets, pantries, and doors to toilet compartments in single-
section homes. Single-section manufactured homes have a smaller living
space when compared with a multi-section manufactured home or a typical
site-built home and, thus, closet and pantry doors should not be
subject to the same clear opening requirements as a multi-section
manufactured home or a typical site-built home.
Sec. 3280.114 Stairways
HUD adjusted the rise and run dimensions based on public comment.
The changes recommended by public commenters on the proposed rule will
give manufacturers more flexibility when trying to balance the smaller
form-factor of most homes with consumer demand for multiple stories.
The edits clarify that the standards do not apply to exterior stairways
that are built at the home site or stairways to basement areas that are
not designed and built as part of the manufactured home.
Sec. 3280.209 Smoke Alarm Requirements
While HUD did not revise this section in the proposed rule, a
public commenter recommended that combination smoke and carbon monoxide
alarms be added as acceptable devices to parallel the International
Residential Code (IRC). Furthermore, the changes to this section are
intended to work in conjunction with the changes to Sec. 3280.211.
Sec. 3280.211 Carbon Monoxide Detectors
``Alarms'' and ``detectors'' are different items that serve
different purposes. HUD changed references from ``detector'' to
``alarm'' in response to public comment. HUD also revised this section
to include specific locations where such items must be installed rather
than just referencing the more general standards, such as the National
Fire Protection Association Standard 720.
Sec. 3280.212 Factory Constructed or Site-Built Attached Garages
Public commenters suggested that the distinction between attached
and self-supported structures be emphasized in this section. HUD
clarified that paragraph (a) applies only to garages which are not
self-supported and revised the fire separation requirements in
paragraph (c), including that the garage must be separated from the
home with appropriate gypsum wallboard or equivalent. HUD also added
paragraph (h) as suggested by public comment to include that a site-
built, self-supported garage is considered an add-on subject to Sec.
3282.8(j)(1) and state and local authorities.
Sec. 3280.213 Factory Constructed or Site-Built Attached Carports
Similar to the previous section, public commenters also suggested
that the distinction between attached and self-supported structures be
emphasized in this section. HUD made several changes to this section
based on public comment, including adding a provision in paragraph (b)
that the manufacturer may provide the maximum live and dead loads, and
the applied loading locations that the home is designed to resist from
the carport, and other design limitations or restrictions.
Sec. 3280.504 Condensation Control and Installation of Vapor Retarders
Based on public comment, HUD clarified the distinction between
mating walls and fire separation walls in paragraph (b), stating that
the fire separation wall between each attached manufactured home must
be considered to be an exterior wall pursuant to subpart K.
Sec. 3280.609 Water Distribution Systems
In order to better protect residents, HUD added relief pipe
turndown requirements to this section based on public comment, stating
that exterior relief drains shall be directed down and shall terminate
between 6'' and 24'' above finished grade. This is high enough to
prevent backflow, but low enough to reduce the risk of injury or
accident.
Sec. 3280.705 Gas Piping Systems
HUD eliminated ``hard pipe'' in paragraph (I)(8)(iii), to account
for a flex gas connector rather than a quick-disconnect.
Sec. 3280.710 Venting, Ventilation, and Combustion Air
HUD clarified that the placement restrictions apply to exhausts of
fuel burning appliances and used the defined term ``habitable rooms''
in this section. This provides consistency across the regulation.
Sec. 3280.904 Specific Requirements for Designing the Transportations
System
In addition to some language and grammatical changes, HUD added a
[[Page 2498]]
requirement to check weights with the home in a level position ready
for transport in paragraph (b)(4)(ii), an explicit reference to the
Department of Transportation's regulations at 49 CFR 393.52(d) in
paragraph (b)(9)(ii) regarding stopping distance, and textual changes
to paragraph (b)(9)(iii) regarding electrical brake wiring.
Sec. 3280.1002 Definitions
In this section, HUD edited the definition of ``Fire separation
wall'' to emphasize the separation between attached manufactured homes.
Sec. 3280.1003 Attached Manufactured Home Unit Separation
HUD clarified this section based on public comment, particularly in
paragraph (a)(1) related to fire resistance. These edits will help HUD
address minimum fire separation requirements for common walls of
attached manufactured housing solutions in the Standards.
III. The Public Comments
The public comment period for the January 31, 2020, proposed rule
closed on March 31, 2020. HUD received forty-one (41) public comments
in response to the proposed rule, from various manufactured home
associations, non-profit organizations, and other interested parties.
This section presents the significant issues, questions, and
suggestions submitted by public commenters, and HUD's responses to
these issues, questions, and suggestions.
Most commenters supported updates to the Construction and Safety
Standards, and encouraged HUD to continue working on updates to, and
provided specific recommendations for, certain sections of the
Construction and Standards. For example, several commenters supported
adding two-family or two- and three-family dwelling units to the new
Subpart K, Attached Manufactured Homes and Special Construction. Some
commenters also suggested deleting or removing certain changes proposed
by HUD. For example, some commenters opposed or requested clarification
of HUD's proposed changes to stair rise and run requirements, and
suggested changes to create consistency among the Standards' landing
requirements and clarify whether certain requirements apply to stairs
inside, or inside and outside, the home.
The following sections summarize the comments received on the
proposed rule and HUD's responses:
General Support
The majority of commenters expressed general support for the
proposed changes as part of HUD's effort to update the Construction and
Safety Standards. These commenters stated that the proposed changes
would benefit homeowners and the broader community, promote or improve
consumer and home safety, allow use of the latest building technologies
and materials, create more consistency with State-adopted residential
building codes for site-built housing, expand consumer amenity options
(including attached garages, carports, decks and accessory buildings),
help to include two-story and multifamily guidelines, and eliminate
regulations that impede broad access to affordable housing. Several
commenters also urged HUD to move forward with publishing the next set
of proposed updates to address outstanding items.
HUD Response: HUD agreed with the commenters that the proposed
changes would provide benefits to consumers, homeowners, and the
broader community, and help promote the other purposes and policies of
the National Manufactured Housing Construction and Safety Standards Act
of 1974.
Comment: Testing requirements should be included but be accredited
to ISO/IEC 17025 or 17020 by accredited testing laboratories that are
signatories to the International Laboratory Accreditation Cooperation
Mutual Recognition Arrangement (ILAC MRA).
One commenter stated that several parts of the proposed rule
reference testing, such as American Society for Testing and Materials,
Standard Test Methods for Fire Tests of Building Construction and
Materials (ASTM E 119), and recommended that these laboratory tests be
conducted by ISO/IEC 17025 accredited testing laboratories so as to be
assured that the testing results are generated by an entity that has
been found to be technically competent by an independent, accreditation
body. Two commenters supported testing requirements, but recommended
that these laboratory tests be accredited to ISO/IEC 17025 or 17020 by
accredited testing laboratories that are signatories to the
International Laboratory Accreditation Cooperation Mutual Recognition
Arrangement (ILAC MRA), to assure that the testing results are
generated by an entity that has been found to be technically competent
by an independent accreditation body. One commenter added that this
would allow HUD to focus resources on program oversight and/or research
for technical advancements. The commenter provided a link to an example
of effective models whereby government agencies rely on ISO/IEC 17020
accreditation programs (https://www1.nyc.gov/site/buildings/industry/recognized-accrediting-bodies.page).\1\
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\1\ NYC Buildings, Recognized Accrediting Bodies, NYC.gov,
https://www1.nyc.gov/site/buildings/industry/recognized-accrediting-bodies.page (last visited April 20, 2020).
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HUD Response: HUD disagreed with the commenters. HUD's regulations
at 24 CFR 3280.2 require products to be listed, certified, or labeled
by a nationally recognized testing laboratory, inspection agency, or
other organization concerned with product evaluation that maintains
periodic inspection of production of labeled equipment or materials,
and by whose labeling indicates compliance with nationally recognized
standards or tests to determine suitable usage in a specified manner.
HUD also believed that this recommendation should be submitted for MHCC
review and consideration, that it is not appropriate for HUD to
integrate these changes at this final rule stage, and the commenter
should make the proposal through the MHCC process through the following
website: http://mhcc.homeinnovation.com/.\2\
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\2\ Manufactured Housing Consensus Committee, MHCC Proposed
Change Form, http://mhcc.homeinnovation.com/.
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Comment: HUD should adopt universal design standards.
A commenter who identified as a person with a disability
recommended that HUD adopt universal design standards in manufactured
home construction and encourage communities and housing agencies to do
likewise.
HUD Response: HUD appreciated the commenter's perspective that HUD
adopt universal design standards. While HUD is fully supportive of the
need for affordable and accessible housing, it noted that universal
design can be accomplished within the minimum Construction and Safety
standards requirements already codified. Further, many home
manufacturers currently offer homes designed and constructed to meet
universal design standards without conflicting with HUD's current
minimum standards.
General Opposition
Some commenters stated that the several of the provisions proposed
would increase manufactured home installers' liability and
responsibility if the proposed rule is advanced without significant
change. The commenters stated home installers were not included in
deliberations, and, as such,
[[Page 2499]]
HUD should not move forward with this rule.
HUD Response: HUD disagreed with the commenter that manufactured
home installers were not included in deliberations. The MHCC membership
has included and continues to include representation from at least one
individual with manufactured home installer interest. The MHCC process
is administered in an open format in which any member of the public,
including manufactured home installers, may participate and address the
Committee, as well as propose changes for MHCC review. All such
meetings are published in the Federal Register at least 30 days in
advance of meetings.
Comment: Manufacturer Documentation.
One commenter stated that the proposed rule's requirements for the
manufacturer to provide documentation poses problems, because HUD does
not require inspection agencies to check any of the documents the
manufacturer provides in the home. The commenter stated this situation
resulted from HUD's Interpretative Bulletin H-1-77,\3\ which the
commenter asserted complicates several proposed changes, namely those
at Sec. Sec. 3280.212, 3280.213, 3280.612, and 3280.709. The commenter
stated that if the proposed rule becomes final, HUD should rescind
Interpretive Bulletin H-1-77 to account for the installation program
loophole and the failure to provide assurance that the proper
documentation would be shipped with the home. Another commenter stated
a concern with potential liability for installation work related to
accessory buildings and other on-site installation, such as certain
appliances the proposed rule states can be shipped ``loose'' to the
homesite. According to the commenter, to ensure that the end buyer or
resident of the home has a home that has been safely manufactured,
transported, and installed, it is vital that all installation
documentation is shipped with and remains with the home.
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\3\ U.S. Department of Housing and Urban Development, PIA
Responsibility for Documents Required to be Provided with the Mobile
Home, HUD.gov, https://www.hud.gov/sites/dfiles/OCHCO/documents/EIB-H-1-77.pdf.
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HUD Response: HUD is aware that standards for some construction
features that are addressed in this rulemaking affect the installation
process and therefore impact the responsibilities of home installers.
All construction features included in this final rule were previously
available through the Alternative Construction process and in all
instances where an Alternative Construction letter had been issued, HUD
required specific documentation to be provided with each affected
manufactured home, including installation instructions. The same or
similar documentation would continue to be required pursuant to the
requirement for manufacturers to provide installation instructions in
accordance with 24 CFR 3280.306(b) and 24 CFR 3285.2. Further, the home
manufacturer instructions must provide minimum installation
specifications so that the home is not taken out of compliance with the
Construction and Standards and meets the Model Manufactured Home
Installation Standards. These instructions are reviewed and approved by
HUD-approved Design Approval Primary Inspection Agencies (DAPIA) and
manufacturers are required to provide the instructions with each
manufactured home.
HUD also disagreed with the commenter that requiring the
manufacturer to provide the instructions, without requiring an
inspection to verify the instructions are shipped with the home,
complicates matters or otherwise poses risks to consumer health and
safety. The manufacturers' installation instructions and documentation
are required to be reviewed and approved by its DAPIA to help ensure
conformance. Further, it is the manufacturers' responsibility to ensure
that each home is provided with installation instructions and
associated documentation as approved by its DAPIA. DAPIA-approved
quality assurance manuals typically require manufacturer verification
for the shipment of the installation instructions. It is the IPIA's
responsibility to ensure the effectiveness of the quality assurance
manuals. HUD may review and reconsider this matter further should
evidence showing appropriate installation instructions are not being
shipped with manufactured homes. The commenter(s) should submit
proposed regulatory text through the MHCC process at http://mhcc.homeinnovation.com/ so that the matter is reviewed by the MHCC.\4\
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\4\ Manufactured Housing Consensus Committee, MHCC Proposed
Change Form, http://mhcc.homeinnovation.com/.
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Comment: HUD should not use sub-regulatory guidance to establish
Construction and Safety standards.
A commenter stated that HUD should repudiate the use of sub-
regulatory ``guidance'' or ``field guidance'' memoranda and documents
to establish de-facto manufactured housing ``standards.''
HUD Response: HUD is currently implementing Executive Order 13891,
Promoting the Rule of Law Through Improved Agency Guidance
Documents,\5\ and this comment is not applicable to any aspect
addressed in this rulemaking.
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\5\ 84 FR 55235 (Oct. 15, 2019).
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Comment: HUD should not provide competitive advantage to any
housing type.
Another commenter expressed concern regarding any policy that may
give one housing type an unwarranted competitive advantage and risks
the occupants' health and safety. The commenter stated HUD should
refrain from making any changes that would result in furthering the
divide between the code requirements for manufactured homes and those
that apply to homes that are stick-built or built using engineered
building systems. The commenter urged HUD to maintain this balance and
continue to facilitate consumer choice by ensuring that regulatory
reform efforts do not favor manufactured homes over other residences,
leading to consumer confusion and unfair marketplace competition.
HUD Response: HUD's authority to develop and implement standards is
applicable only to homes meeting the statutory definition of a
manufactured home. However, this rulemaking brings the Standards in
closer alignment to standards imposed for other types of housing.
Comment: HUD has no authority to establish standards for structures
attached to a manufactured home.
A commenter stated that HUD defined ``manufactured housing''
narrowly in Sec. 3280.2 to mean a structure built on a permanent
chassis and designed to be used as a dwelling. The commenter stated
that while HUD has authority to establish requirements applicable to
components within the chassis, it does not have the authority to
establish standards for items outside or apart from the chassis.
Rather, authority to regulate these structures rests with state and
local authorities and their building code requirements and inspection
protocols. ``Add-on or accessory buildings or structures'' are not
built on a permanent chassis. Section 3285.903 provides conditions
where add-on or attached accessory buildings or structures may be
installed, but again fails to designate inspection responsibilities.
The definition for ``Attached accessory building or structure''
proposed for addition to
[[Page 2500]]
Sec. Sec. 3280.2 and 3285.5 further adds to the confusion indicating
that it includes such items when they are designed for attachment and
structural support from the manufactured home.
HUD Response: HUD's standards developed and implemented through
this rulemaking are not intended to apply to the design and
construction of site-built structures, including add-ons (in other
words, the site-built garage, or the site-built carport). However, the
standards and regulations established through this rulemaking do apply
to the design and construction of the manufactured home, when the home
is designed to have an attached accessory structure, such as the
garage, carport, or similar add-on. The requirements established are to
ensure that the manufactured home will continue to comply with the
Construction and Safety Standards and that the residents' health and
safety will be protected through means such as adequate structural load
design and minimum fire separation and other requirements when
applicable. The design, construction, and inspection of the attached
accessory structure (site-built garage, site-built carport, or other
site-built add-on) remains subject to any applicable state and or local
requirements.
Subpart A, General
Sec. 3280.2 Definitions
One commenter opposed the definition change to ``attached accessory
building or structure,'' while another commenter supported the proposed
changes. Some commenters stated that proposed definition of ``Attached
accessory building or structure'' fails to include stairs, which are
needed for entry in almost every manufactured home.
One commenter further stated that the proposed rule would require
that the ``basic manufactured home'' be designed for the attachment of
these structures. This does not address the need for the manufacturers
to modify their installation instructions to reflect the added weight
and wind load that added structures would impose on the home's
foundation.
Another commenter stated that the definition appears to open the
flood gates for other additions to a manufactured home which can affect
egress requirements as well as alter the electric, heating, plumbing
and other systems. The commenter provided examples; awnings, porches,
and ramadas typically are identified as a covered area projecting in
front of an entrance, while cabanas are defined as a cabin, hut, or
shelter, and garages are defined as a ``building'' for housing a motor
vehicle. The commenter stated that these are totally separate
structures which affect the home differently and can create safety
hazards. The commenter suggested that the proposal should be rewritten,
and garages should be addressed separately.
A commenter stated that the term ``basic manufactured home'' is not
defined and pre-supposing that there is such a thing as a ``non-basic
manufactured home.'' If this is the case, HUD should clearly indicate
what they mean by these terms and how the construction and safety
standards would apply. The commenter contended that regardless of HUD's
differentiation in this case, the manufactured housing Construction and
Safety standards should be applied consistently and any manufactured
home, whether deemed ``basic'' or ``non-basic'' be clearly marketed as
a manufactured home to avoid customer confusion and an expectation of
the product being received.
HUD Response: HUD disagreed with commenters stating that HUD should
establish requirements for stairs external to the manufactured home,
which are needed for entry in most manufactured homes. HUD's
established standards only govern the design and construction of the
manufactured home, including all provisions addressed by this
rulemaking. Requirements for external stairs that are necessary to
provide entry to the homes remain subject to design and construction
requirements of state and local jurisdictions as they are not intended
to increase the living or storage area of the manufactured home and are
dependent upon the siting and installation of each individual home
which may vary by model, lot size, topography, and other aspects.
HUD agreed with the commenter stating that the proposed rule would
require that the manufactured home be designed for the attachment of
these site-built structures. However, HUD disagreed that the
manufacturer would not be required to provide installation instructions
that reflect the added weight and wind load that an added structure
would impose on the home's foundation. HUD's standards, set forth at
Sec. 3285.903, require accessory structures to be structurally
independent unless the attached accessory building or structure is
otherwise included in the installation instructions or designed by a
registered professional engineer or registered architect. Further, the
changes to the Data Plate specifically identify when the home is
designed for an attached accessory structure, and if so, the loads the
home has been designed to accommodate (see Sec. 3280.5).
HUD disagreed with the comment suggesting that the definition of
accessory building or structure is too broad. The Construction and
Safety standards address the design and construction of the
manufactured home and do not address the design, construction,
placement, or other standards for the design and construction of the
accessory structure(s). Further, state and local authorities may verify
that a home has been designed for an attached accessory structure by
verifying such information available on the Data Plate. HUD agreed with
the commenter that the term ``basic manufactured home'' is not defined;
therefore, ``basic'' has been removed.
Sec. 3280.5 Data Plate
One commenter opposed the proposed rule's changes to the Data Plate
language and another commenter supported the proposed changes. Some
commenters agreed, however, that certain modifications to the Data
Plate definition should be made: The Data Plate indicates whether the
home is designed to accommodate an add on, accessory building, and the
like, and the Data Plate and other documentation should document the
weight, size, and other limits the manufactured home can support.
Failure to require additional information will lead to confusion and
result in many homes being stressed beyond their designs limits and
therefore lead to structural failure. Another commenter stated that the
manufacturer should be required to identify the maximum loads applied
to the floor system, wall system, roof system and support system.
Another commenter suggested HUD delete the first paragraph of the
applicable statement in Sec. 3280.5(d). This and another commenter
recommended HUD revise the second paragraph to include a checkbox for
``is'' or ``is not'' similar to current language for Sec. 3280.5(g) to
reduce language and clutter on home Data Plates. One commenter
explained that this alternative would still capture the intent of HUD's
proposal, while preserving space on the Data Plate for future
statements or other required disclosures. The commenters proposed
significant changes to HUD's proposed regulatory text.
HUD Response: HUD considered all comments received on the
requirements for the Data Plate and made minor changes to reflect and
accommodate some of the comments. Through the language on the Date
Plate, HUD is trying to provide information to the
[[Page 2501]]
consumers, retailers, installers, and local authorities about the
design and construction of the home that may help prevent a home from
being taken out of compliance when an attached accessory building or
structure is built and added on at the home site. Further, the Data
Plate provides information that may be used by state and local
authorities that have enforcement authority for site-built structures
that are not integral to the manufactured home produced and shipped by
the manufactured home manufacturer.
Subpart B, Planning Considerations
One commenter stated that HUD proposed to adopt a superseded MHCC
recommendation concerning ventilation. HUD has proposed to authorize
manufacturers' compliance with the 2010 edition of American Society of
Heating, Refrigeration, and Air-Conditioning Engineers (``ASHRAE'')
Standard 62.2, ``Ventilation and Acceptable Indoor Air Quality in Low-
Rise Residential Buildings,'' as an alternative to the prescriptive
ventilation requirements in Sec. 3280.103(b) and (c). The proposed
rule ignores that more than four years ago, the MHCC updated its
recommended acceptance of ASHRAE Standard 62.2 to refer to the 2013
version. Adopting the more recent version of the ASHRAE standard in
this rulemaking would avoid the need for an additional change to the
regulations later to update the reference.
HUD Response: HUD understands that the MHCC continues to provide
recommendations that may be more recent than those published in
proposed rules, including updates to the referenced ASHRAE Standard
62.2. Generally, HUD finalizes recommendations in the order received to
avoid selective choice, minimize confusion, and so that full and
complete impact analyses can be conducted specific to the various
groups of recommendations provide by the MHCC.
Sec. 3280.103 Light and Ventilation
One commenter supported the removal of the maximum 90 cubic feet
per minute fan requirement, which will allow the commenter to increase
the size of homes built to accommodate larger families, which commenter
stated will allow more families to live in safe, affordable homes with
the modern amenities they desire.
Another commenter expressed concern that using the Standards and
eliminating the alternative construction (AC) process for manufactured
housing that utilizes design elements of site-built homes could affect
the manufactured housing occupants' health and safety. The commenter
urged HUD to keep the AC process in place for design features that
could affect the manufactured home's structural integrity and safety,
including attached homes (i.e., zero lot line), multi-story homes, and
attached carports and garages. The commenter continued that blurring
the line between what is manufactured housing and what is site-built
housing could mislead homebuyers, and that manufactured housing that
emulates site-built elements should be held to the same inspection and
building standards as site-built homes. The commenter urged HUD to
require attached units to meet all state and local building codes,
including higher energy standards, required for conventionally built
housing.
HUD Response: HUD's minimum requirements established for attached
homes (i.e., zero lot line) and multi-story homes do not change the
definition of a manufactured home or impact the requirement that every
transportable section of a manufactured home bear a manufacturer's
certification label. Through this rulemaking, HUD is codifying
requirements previously set forth through Alternative Construction
requirements; thereby, accounting for consumer safety. All regulatory
aspects of the program, including design review and inspections, remain
in place for all manufactured homes built under this federal program.
HUD believes the minimum standards established and enforced for these
construction options provide benefits to all segments of the industry
while protecting consumers' health and safety. Further updates to the
referenced ASHRAE Standard 62.2 may be addressed in future rulemaking.
Sec. 3280.108 Interior Passage
Several commenters agreed that clarification was needed regarding
to which doors the 27-inch requirement applies. One commenter stated
that closet doors (including walk-in closets) and pantry doors are less
than 27-inches, typically 24-inches or less. Another commenter stated
that it has several floor plans with closet and pantry openings less
than 27-inches and uses 24-inches for water heater and furnace
compartments and 16-inches for linen and coat closets. The commenters
stated that they would need to make significant changes to floor plan
designs to accommodate HUD's proposal, and one commenter explained this
would add costs to the home, drive up affordable housing costs, and
financially burden the commenter. One commenter suggested clarifying
that the minimum clear opening requirement of 27-inches only apply to
passage doors in a manufactured home.
Some commenters suggested adding exclusions for closet, pantry,
coat closet, linen closet, and toilet compartment doors and other
spaces where the intent is to ``reach in'' and access an item. The
commenters explained that closet and pantry doors, unlike a bedroom
door, are not considered passage doors. Further, single-section
manufactured homes have a smaller living space when compared with a
multi-section manufactured home or a typical site-built home. Given
that living space is at a premium in single-section homes, closet and
pantry doors should not be subject to the same clear opening
requirements.
HUD Response: HUD agreed with the comments and revised the standard
accordingly.
Sec. 3280.111 Toilet compartments
Two commenters suggested revising language in paragraph (b) to
clarify the regulatory intent that the section refers to bathroom
passage doors in single-section and multi-section homes. For example,
the term ``single-section'' should modify ``home,'' not ``bathroom.''
HUD Response: HUD agreed with the comments and revised the standard
accordingly.
Sec. 3280.114 Stairways
Comments: Riser Height, Tread Depth, and Consistency.
Several commenters opposed HUD's proposed changes to stair rise and
run requirements. Some commenters noted that, as written, the proposal
would conflict with existing state and local requirements and require
manufactured home communities to replace existing inventory of
prefabricated landings and stairs. Another commenter stated that the
stair rise and run in HUD's proposed rule would not allow stairs to be
run parallel with the width of many homes, which would eliminate many
floor plan options and adversely penalize manufactured home builders.
One commenter stated that, Sec. 3280.114(a)(2)(i), 7
risers and 10 treads would cause stairway openings to be
larger to the point where some floor plans would no longer accommodate
a stairway. Some commenters suggested HUD use 8 or
8.25 for the maximum rise and 9 for the minimum
tread, which are figures that thirteen states accept.\6\ One commenter
also suggested
[[Page 2502]]
HUD change ``%'' to ``\3/8\ inch'' in Sec. 3280.114(a)(2)(i), and
change ``%'' to ``\3/4\ inch'' in Sec. 3280.114(a)(2)(ii). This
commenter also suggested changing ``Y2'' to ``\1/2\ inch'' in paragraph
(a)(5).
---------------------------------------------------------------------------
\6\ The states referenced by the commenter were: IL, IN, KY, ME,
MD, MA, MT, NJ, ND, OH, OR, PA, WI and WY. The commenter also
referenced a change to the Indiana Code; see Indiana Department of
Homeland Security, Proposal for Code Change 43, IN.gov (May 9, 2018)
(proposals 49 and 50), https://www.in.gov/dhs/files/IRCC%27s%20Final%20Approved%20Amendments%20to%202018%20IRC%20(Part%20
1)%20-%20Accepted%20by%20FPBSC%202-5-19.pdf.
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According to another commenter, the maximum riser height and
minimum tread depth should be changed to 8\1/4\ inches and 9 inches in
Sec. 3280.114 (a)(2)(i). HUD's proposed requirements would almost
eliminate stairway designs that run parallel with the width of a
traditional manufactured home. This commenter's rationale for the
recommended change included giving manufacturers more flexibility when
trying to balance the smaller form-factor of most homes with consumer
demand for multiple stories.
HUD Response: Regarding riser height and tread depth, HUD reviewed
several state building codes referenced in public comments and has made
changes to riser height and tread depth consistent with those
requirements found in many state building codes and in accordance with
the comments received.
Comments: Interior and Exterior Stairs.
Several commenters stated that HUD should clarify whether the
requirements apply to stairs inside, or inside and outside, the home or
commented on whether the requirements should apply to these different
sets of stairs. One commenter stated that requirements for stairways
and related design features should focus only on stairways placed
inside the manufactured home, and the section title should be changed
to ``Stairways Inside the Manufactured Home.'' Another commenter stated
that the proposed changes to paragraph (a)(2) addresses interior
stairways and exterior stairways; the commenter suggested revising the
proposal to address interior steps only. According to the commenter,
states and local municipalities establish stair geometry to which first
responders are already accustomed, and to require smaller riser heights
and larger treads may create a hazard.
Another commenter supported the addition of language to define
requirements for stairways, landings, handrails, guards, and stairway
illumination, however, the commenter suggested the language should
detail if it covers interior stairways, exterior stairways, or both.
Another commenter suggested striking paragraph (b)(2) in its
entirety because it partially conflicts with paragraph (b)(1), or, if
HUD disagreed with striking (b)(2), revising (b)(2) as follows to
streamline and clarify requirements: ``A landing or floor must be
located on each side of an exterior doorway and the width of each
landing must not be less than the door it serves. The maximum threshold
height above the floor or landing must be 1\1/2\ inches.'' Given that
paragraph (b)(1) addresses interior stairways, doors, and landings
(with exception for certain basement applications), the commenter
assumed that paragraph (b)(2) must be intended for exterior
applications, which is the basis for the suggested edits.
Two commenters suggested HUD delete paragraph (e)(2) entirely,
since exterior stairs are not constructed within the building facility
and more appropriately fit under the HUD Code's Model Manufactured Home
Installation Standards. A commenter explained that exterior stairs
would be subject to state and local building code and health-safety
requirements. If HUD's exterior illumination requirements conflict with
state or local requirements, it would only cause confusion within the
industry and may put consumers at risk.
Comment: Guard Rails.
Some commenters also suggested, for Sec. 3280.114(d)(1), that the
proposed load requirements only apply to guards more than 42
above the floor grade below, to prevent driving up housing costs
without providing significant increased safety protection. When a
manufactured home includes a porch or similar feature, once installed,
it is usually between 30 and 42 inches above the lower floor, and there
is no evidence of increased injury from a fall as a result of a guard
failure that is 42 or fewer inches from grade. The commenters provided
regulatory text edits, and stated that a 30-inch guard rail structural
requirement would increase the cost of each single-section home with a
modest porch by $500, or more for larger homes, which undermines HUD's
efforts to preserve manufactured housing affordability.
The commenters further stated HUD should remove the language
regarding the horizontal rail restriction in paragraph (d)(2), which
HUD has not backed with a significant health-safety concern as
justification and which would restrict designs and add unnecessary
cost. This restriction is not found in the International Residential
Code (IRC), which only prohibits the passage of a four-inch sphere and
would result in a restriction for manufactured home builders that does
not exist for site-built home builders. One commenter stated that IRC
Table R301.1.5 does not require the 200 pound concentrated load to be
applied with any other loads and, therefore, the word ``not'' should be
added after ``this load'' in the last sentence of paragraph (d)(2)(ii).
Another commenter agreed and added that this makes (d)(2)(ii)
consistent with the last sentence in paragraph (c)(5).
Comment: Lighting.
For Sec. 3280.114(e)(1), one commenter stated that HUD should
delete the requirement for artificial light to be not less than one-
foot-candle at the center of treads and landing and require only a
light above stairways and landings because the commenter was not aware
of a test method. Another commenter suggested a prescriptive method to
simplify compliance with interior stair lighting. Lumens required for a
3 feet wide x 9 feet vertical stair would be 3 feet x 11.67 feet x 1
foot-candle = ~35 Lumens. One 60-watt incandescent bulb or 10-Watt A19
LED provides about 840 lumens which is more than adequate.
Another commenter recommended HUD add a prescriptive lighting
standard as an alternative compliance option. The proposed illumination
requirement of ``not less than one (1) foot-candle measured at the
center of treads and landings'' creates a new test requirement, but it
is unclear who is responsible for performing the test and assessing
compliance. Without an explanation of the test parameters and how the
test would be administered, the commenter was concerned this provision
would be inconsistently enforced. As an alternative, the commenter
recommended that HUD introduce a minimum standard for illumination.
HUD Response: Generally, HUD agreed with most comments and made
changes to the standards for stairways including revisions to riser
height and tread depth (Sec. 3280.114(a)(2), clarification of interior
and exterior consideration (Sec. Sec. 3280.114(a) and 3280.114(b)),
provisions for landings (Sec. 3280.114(b)), and handrails (Sec.
3280.114(c)).
HUD also modified the standard in multiple places so that the text
reflects HUD's regulatory authority for design and construction of the
home and its lack of authority to regulate stairways that are designed
by others and built at the home's site necessary for access and egress
from the entry and exit points of the homes. HUD also disagreed with
some commenters, as the requirements in Sec. 3280.112 only apply to
stairways integral to the manufactured home, such
[[Page 2503]]
as those necessary for multi-story or multi-level manufactured home
floors or for stairs that are not inside the home but may be necessary
for multi-level manufacturer designed and constructed porches designed
and built in the home building factory as an integral feature of the
manufactured home. Further, requirements for external or exterior
stairs that provide entry and exit and are built at the home site are
subject to state and or local authority and any such reference
otherwise has been removed.
HUD modified the standards related to landings removing duplicative
language, clarifying interior versus exterior provisions, and threshold
height.
HUD also modified the standard regarding handrails to be consistent
with requirements for handrails (removal of ladder effect restriction)
identified in other building codes for other residential structures.
However, HUD disagreed with comments that would have changed the load
requirements for guard systems to apply only to guards above 42 inches
above floor grade.
The changes effected by this rule are generally consistent with
other residential codes enforced nationwide. However, the load
requirement of 20 pounds per square foot is significantly less than the
load required by many states for similar guard systems.
After consideration of the public comments, HUD has not changed the
stairway and landing illumination requirements from the proposed rule
as commented by multiple commenters. The requirements, as published,
are consistent with state and local standards and compliance remains,
as with all other standards, the responsibility of the home
manufacturer. In section I. of the preamble to this rule, HUD clarified
that all standards in this rule are not retroactive and apply only to
newly constructed homes that enter the first phase or stage of
production on and after the effective date of the rule. Further
changes, such as those proposed by some commenters, should be proposed
for review by the MHCC so that consensus review of those proposed
changes is made as envisioned by the Act. It is not appropriate for HUD
to integrate these changes at the final rule stage.
Subpart C, Fire Safety
Sec. 3280.209 Smoke Alarm Requirements
One commenter recommended HUD revise Sec. 3280.209, a section not
addressed in the proposed rule. The commenter stated that HUD should
add combination smoke and carbon monoxide alarms as acceptable devices
just as they are in IRC sections R314.1.1 and R314.5.
HUD Response: HUD agreed with the commenter and made the
corresponding change.
Sec. 3280.211 Carbon Monoxide Detectors
Some commenters supported incorporating carbon monoxide
requirements into the Standards to protect consumer health and safety.
One commenter noted that the MHCC made this recommendation in 2009 and
HUD should have adopted it some time ago.
One commenter suggested HUD should revise Sec. 3280.211 to include
specific location requirements like smoke alarms, instead of
referencing the National Fire Protection Association (NFPA) Standard
720.
Some commenters stated that the proposed rule's coverage of CO
alarm requirements would be insufficient under the new Sec. 3280.211
in protecting occupants of manufactured housing because of its limited
coverage. All manufactured housing should have CO alarms and not just
those with fuel-fired appliances, designed for installing attached
garages, or designed for installation over basements. While the new
Sec. 3280.211 would be consistent with occupancy-related installation
requirements of IRC Section R315, these requirements provide no direct
protection for occupants of manufactured homes except where coincident
housing-related factors of installed fuel-fired appliances, designs for
installing attached garages, or designs for installation over basements
were relevant. Furthermore, the proposed Sec. 3280.211 requirements
would not protect occupants where other sources such as use of portable
heating appliances or from misuse of charcoal grills indoors (both
reflected in CO incident data) following completion of manufactured
housing installation and commissioning. Occupants of ``all-electric''
homes may be particularly vulnerable during periods of electrical
outage. The comment provided instances of harm caused by carbon
monoxide.
One commenter commended HUD for recognizing the importance of
requiring carbon monoxide detectors consistent with the IRC's
requirements. Through incorporation into the Construction and Safety
Standards, HUD relieves local officials from conducting additional
inspections and potential re-work post installation to comply with
local requirements.
Another commenter stated that HUD's proposed carbon monoxide
requirements should align more closely with similar requirements in
other building codes, such as the IRC's. Specifically, the commenter's
suggestions include: Specifying the required locations where carbon
monoxide alarms must be installed (for example, alarms should be
required outside each separate sleeping area or in the immediate
vicinity of any bedrooms); requiring interconnectivity between alarms,
because when more than one alarm is installed in a home, the actuation
of one alarm should activate all alarms; specifying how each alarm must
be powered, because the home's electrical system should be the primary
power source, with batteries as a secondary, reserve power source; and
clarifying that the Standards would allow combination carbon monoxide
and smoke alarms to keep pace with consumer demand. Another commenter
(0023) also supported this change.
According to the commenter, HUD should clarify that combination
alarms are acceptable to ensure the industry continues to keep pace
with consumer demand. The commenter also suggested amending Sec.
3280.209 to ensure the sections cross-reference each other.
Comment: Alarms versus Detectors.
Some commenters stated that the word ``detector'' should not be
used and suggested using ``alarms'' to be consistent with other codes
and striking the word ``detector'' wherever it occurs, because alarms
and detectors are distinct concepts. Alarms are self-contained, single,
or multi-station sensing devices that detect a given event and sound an
audible or visual alarm. Detectors are sensing devices that must be
connected to a separate alarm system, rather than self-contained
systems. One commenter stated that standards do not include
requirements for transmitting detection devices to an alarm control
unit as would be necessary with detector devices. The commenter
recommended removing the standard versions in specific code sections
which are incorporated by reference in Sec. 3280.4, which will allow
for simplified future updates and is a common practice for
incorporating building code standards into regulations and laws. The
commenter recommended removing the reference to ANSI/UL 2034, which may
not be readily available and incorporate location requirements within
this section.
HUD Response: HUD agreed with many comments and has modified the
Construction and Safety Standards to address combination alarms,
integration of specific location requirements, and removal of
references to ``detector.''
[[Page 2504]]
HUD also notes that updating specific editions of referenced standards
may require notice and comment and as such, will remain for the time-
being. HUD also disagreed with some commenters that proposed to require
carbon monoxide alarms in all homes, regardless of whether the home as
fuel-burning appliances, an attached garage, or designed for
installation over a basement. HUD's standards are consistent with state
and local standards for residential construction. Should the commenter
wish to pursue requirements for carbon monoxide alarms in all homes,
the commenter is encouraged to submit the proposed change to the MHCC
for review and deliberation by the Committee. It is not appropriate for
HUD to integrate these changes at the final rule stage.
Subpart C, Fire Safety, Attached Garages
Sec. 3280.212 Factory Constructed or Site-Built Attached Garages
One commenter noted that HUD's current policy, to not require the
IPIA to inspect documents shipped with the manufactured home (under
Interpretive Bulletin H-1-77), conflicts with proposed paragraph (g)--
there is no assurance that the manufacturer would be including these
additional instructions.
A commenter stated that the proposed rule leaves it unclear as to
when a garage is to be added to the home. Another commenter stated that
HUD should clarify that paragraph (a) applies only to garages which are
not self-supported. One commenter supported HUD's actions to remove the
issue of attached garages and carports from the costly AC process. The
commenter stated that the proposed standards and regulations would
effectively obviate previous sub-regulatory HUD ``guidance'' memoranda
which mandated the approval of attached garage and ``add-on''-ready
manufactured homes via the AC process set forth at Sec. 3282.14.\7\
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\7\ See, e.g., June 12, 2014 HUD Guidance Memorandum
(``Construction of On-Site installation of Add-Ons Such as an
Attached Garage''); and November 10, 2014 HUD Guidance Memorandum
(``Additional DAPIA Guidance for Review and Processing of
Manufacturers Alternative Construction Requests for Attached
Garages'').
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Several commenters stated that HUD should revise the proposed fire
separation requirements. A commenter stated HUD should require that
gypsum be added on site to meet the fire separation requirement.
Installing gypsum on the exterior of a home in the factory would not be
a durable enough exterior finish for storage and shipping. Another
commenter agreed and stated that paragraph (c) needs to be clarified so
that fire separation between the garage and the home may be completed
on-site. Site-installed dormers at the garage in addition to floor-to-
foundation fire separation will be required to be completed on-site and
it would be advantageous to run all separation at that time to ensure
proper alignment with the garage. Paragraph (c)(1) should also be
clarified to allow gypsum required to meet separation to be either
factory or site installed and allowance for products equivalent to \1/
2\ gypsum should be added.
One commenter stated that in Sec. 3280.212(g) the reference to
Sec. 3285.201 should be changed to Sec. 3285.301. The commenter
proposed that a new paragraph (h) be added because a site-built, self-
supported garage is considered an add-on per Sec. 3282.8(j)(1) and
does not affect the ability of the manufactured home to comply with the
Construction and Standards.
Another commenter stated the Standards should be consistent with
other building codes, such as the IRC. Instead of requiring that the
fire separation be continuous from beneath the floor, through the attic
space, to the underside of the roof sheathing/decking, the Standards
should only state that the garage must be separated from the home with
appropriate gypsum wallboard or equivalent. Manufacturers can determine
whether the fire separation should be continuous from the floor,
through the attic space, to the roof sheathing or decking or if it is
more appropriate to envelop the structure's garage side. Other building
codes leave this to the builder's discretion and so should the
Standards.
The commenter continued that HUD's proposed rule for factory or
site construction of attached garages should emphasize the distinction
between attached and self-supported structures. HUD should also revisit
the fire separation requirements for attached garages. The commenter's
suggested edits included clarifying that attached garages are not self-
supported. Further, when a garage would be attached to and supported by
the home, manufacturers should only be required to comply with the
Standards' load provisions. They should not be expected to build homes
that also meet the specific requirements of the various state and local
jurisdictions, and confirming that a site-built, self-supported garage
is considered an add-on and clarifying that add-ons do not affect a
manufactured home's ability to comply with the Standards.
According to one commenter, the guidance provided in Sec. Sec.
3280.212, 3280.213, 3282.8(j), and 3285.903(c) (Attached Garages,
Carports and Add-Ons) appears contradictory and confusing. Sections
3280.212 and 3280.213 provide guidance on how manufactured housing
should be prepared for the addition of garages and carports which is
clearly within the scope of the Federal standards. These sections,
along with Sec. 3282.8, discuss load paths, providing conflicting
information on where loads should be transferred. If the intent is to
offer options, then the sections should be presented with an ``or''
statement to indicate they are options, as is included in the Data
Plate requirements of Sec. 3280.5. The commenter said who bears
responsibility for approval and inspection of these attached accessory
buildings and structures should also be clarified. According to the
commenter, these structures should comply with the local building code
and be inspected to that code by the local jurisdiction, given their
designation as ``attached buildings or structures'' and not the
extension of the manufactured home.
HUD Response: HUD agreed with most comments and has accepted all
suggested textual changes to the standards that were submitted by the
public. HUD modified the final Construction and Safety Standards
accordingly.
HUD disagreed with the commenter that installation instructions are
not required by this final rule, as it is specifically addressed
through Sec. 3280.212(g). Further, upon placing a label certification
on each transportable section of a manufactured home, the manufacturer
self certifies its compliance with the Construction and Safety
Standards. Should the commenter seek additional changes to either
manufacturer or IPIA requirements, the commenter is encouraged to
submit comments through the MHCC process for consensus review and
deliberation. It is not appropriate for HUD to integrate these changes
at the final rule stage. HUD also notes that the added information
required on the Data Plate more clearly identifies whether the home has
been designed for an attached garage.
Subpart C, Fire Safety, Attached Carports
Sec. 3280.213 Factory Constructed or Site-Built Attached Carports
One commenter stated that the proposed rule should be modified to
include attached patio covers and porch
[[Page 2505]]
roofs which can easily exceed the size of a carport. The commenter also
stated that current HUD policy under Interpretive Bulletin H-1-77
conflicts with paragraph (f)--there is no assurance that the
manufacturer would be including these additional instructions.
Another commenter requested HUD delete the following: Paragraph (b)
about maximum roof slope for the carport, on the basis that carports
cannot exceed the height of the home; paragraph (c) on beam designs, on
the basis that beam designs would be part of the approved design by the
Design Approval Primary Inspection Agency (DAPIA); and paragraph (d) on
shear wall and uplift strapping design, on the basis that the carport
design would not be known.
One commenter stated that paragraph (f)'s reference to Sec.
3285.201 should be changed to Sec. 3285.301.
Another commenter said Sec. 3280.213 for factory or site-built
attached carports should emphasize the distinction between attached and
self-supported structures and that striking unnecessary or superfluous
rules would also streamline the requirements. The commenter's suggested
edits include: Deleting the maximum roof slope requirement from the
list of design characteristics for carports, because given that the
height of the carport cannot exceed the height of the home, the
carport's roof slope is never a relevant factor in home design; adding
a provision that, as an alternative to specifying the unique design
characteristics of the carport and the home, manufacturers may provide
the maximum loads that the home is designed to resist from the carport;
removing the provisions specifying where splices in the host beam can
be located, because narrowly defining this provision with such
detailed, prescriptive requirements could have unanticipated
consequences, especially if there are continued advancements in
anchoring technology. According to the commenter, specific design
characteristics should remain subject to review and approval by the
manufacturer's DAPIA.
The commenter's recommendations continued with: Removing the shear
wall requirements for homes designed for Wind Zone II and III
installations in favor of manufacturers specifying anchor requirements
for uplift forces in Wind Zones II and III as part of the home's DAPIA-
approved design, because if the manufacturer and its DAPIA specify
these requirements at the design stage, the size of any attached
carport would be limited by the load capacity of the anchor system
installed in the factory. This would limit the design options available
to any third party responsible for installing an attached carport at
the jobsite; and removing the ``cone of influence'' provision, because
this requirement is dependent on the type of anchor, and should be
determined by the installer. The manufacturer should not be expected to
know this information without knowing exactly where a manufactured home
would be sited and how it would be installed; and confirming that a
site-built, self-supported carport is considered an add-on and
clarifying that add-ons do not affect a manufactured home's ability to
comply with the Construction and Safety Standards.
Another commenter also supported deleting paragraph (c)(1), because
this paragraph was covered in paragraphs (a) and (c), and additional
details on the acceptable engineering load path are not required. The
commenter also suggested deleting paragraph (d) because the load path
requirements should apply to all wind zones as specified in paragraphs
(a) and (c). The commenter also stated that the accepted engineer
anchor test protocol does not test for cone of influence and it is not
defined within the Construction and Safety Standards. Therefore, it
should be removed from Sec. 3280.213(f)(1).
HUD Response: HUD did not add requirements for patio covers and
porch roofs, as such specific code change text and supporting
information be submitted to the MHCC for consensus review and
deliberation. It is not appropriate for HUD to integrate these changes
at the final rule stage. Further, HUD disagreed with comments that
installation instructions are not required by the standard, as it is
clearly addressed in Sec. Sec. 3280.213(b) and (e). Upon placing a
label certification on each transportable section of a manufactured
home, the manufacturer self-certifies its compliance with the
Construction and Safety Standards.
HUD notes the added information required on the Data Plate more
clearly identifies whether the home has been designed for an attached
carport. HUD agreed with all comments providing specific textual
changes and HUD modified the standards accordingly.
Subpart D, Body and Frame Requirements
Sec. 3280.305 Structural Design Requirements
One commenter stated that proposed Sec. 3280.305(h)(5) expands
areas of construction that could be deferred to the job site and
imposed on the installer under ``On-Site Completion Requirements.'' The
commenter stated that installers were not included in deliberations on
the proposed changes, and that since the On-Site Completion rule is
relatively new, and given that HUD has failed to monitor or measure
compliance, this provision should be deleted until the success of the
``On Site Completion'' process can be evaluated. Another commenter
stated that HUD should delete the words ``connections between
sections,'' after ``hinged roof sections,'' and before ``sheathing,''
in paragraph (h)(5) because connections between sections is covered as
part of standard installation.
Another commenter stated that paragraph (h)(5)(iii) requires
inspection at an installation site in stages but does not clarify who
would provide inspections. The commenter also suggested that HUD
clearly define ``inspection of the work at the installation site in
stages,'' and stated that this new requirement would add costs to the
home, drive up the cost of affordable housing, and would financially
burden the commenter.
Two commenters stated that HUD strike Sec. Sec. 3280.305(h)(5)
(iii), (iv), and (v), because these proposals generally apply to onsite
installation and appear to overstep Subpart D's bounds. The commenters
believed these requirements, if necessary, would be more appropriate
under Part 3282, Subpart M, ``On-site Completion of Construction of
Manufactured Homes.''
HUD Response: HUD disagreed with the commenter that revisions to
this standard expand areas of construction that can be completed on
site. The changes to this standard were already implemented with the
On-Site Completion of Construction Rule and these changes are
conforming. Further, HUD conducted limited monitoring of procedures and
approvals related to On Site Completion of Construction and has not
concluded any adverse or significant findings.
HUD modified this section to address other comments received
including removing any references to installation activities. HUD also
modified the inspection requirements but has retained the intent that
inspections occur prior to covering up additional aspects or otherwise
allowing for inspection panels so that inspection can take place. This
aspect is important to assure that the work completed on site conforms
to the design standards, so that the home is completed in accordance
with the Construction and Safety Standards, and the home is not taken
out of compliance through the work done at the home site. Further,
[[Page 2506]]
these standards are established to work in concert with the regulations
for On Site Completion of Construction and will help to ensure that
appropriate designs are provided to address the work that is expected
to happen in the factory, the work that is expected to happen at the
home site, and the factory and or inspections at the site necessary for
conformance.
Sec. 3280.307 Resistance to Elements and Use
A commenter stated that the expansion of field installation of
exterior coverings means the requirement for the manufacturer to
provide all needed materials (siding, fasteners, channels, etc.) should
be added to this list. Another commenter agreed and suggested adding
``and the required materials'' after ``Complete installation
instructions.'' A commenter suggested adding attached garages to the
list of exemptions in paragraph (e), given the amount of onsite work
required to complete the installation of an attached garage, and as
long as the manufacturer is complying with HUD's list of conditions.
HUD Response: HUD reviewed and generally agreed with the comments.
HUD modified the standard accordingly.
Subpart F, Thermal Protection
Sec. 3820.504 Condensation Control and Installation of Vapor Retarders
One commenter stated that the proposed requirements under
Sec. Sec. 3820.504(b) and .506(c) are not needed, and HUD should
delete them. The commenter stated its mating walls are located in a
conditioned area, gaskets are installed in the factory to prevent air
infiltration, and the commenter has not witnessed a mating wall with
damage from condensation.
Another commenter stated that mating walls are interior walls and
should not be treated as exterior walls which require a vapor barrier.
Furthermore, many homes have single mating walls, and this section does
not define on which side the vapor barrier should be applied.
Another commenter stated that HUD should delete these proposals
until certain issues are evaluated. There will be a concern if the
connection between floors is not effectively sealed from allowing cold
outside air to enter between the ceiling of the first floor and floor
system of the upper floor. If cold air is entering this area, a vapor
retarder should be applied to the ceiling on the first floor. Another
concern would be if the bottom board is still required to be placed
under the upper floors, this may add to additional condensation between
the floors if the vapor retarder is not installed on the ceiling on the
lower floor.
HUD Response: HUD disagreed with the commenters regarding the need
for Sec. Sec. 3280.504(b) and (c) to be deleted or amended, and that
the affected walls are interior walls. These commenters may not
understand that the subject standards apply to the (fire) walls
separating attached manufactured homes; rather than, mating walls
between two sections of the same manufactured home. Multi-story
manufactured homes have been designed and built for more than two
decades prior to the rulemaking and under Alternative Construction
processes. These homes have been designed and built, and significantly,
HUD has not received information indicating these homes, without a
ceiling vapor retarder on the first floor, are not performing.
Sec. 3820.506 Heat Loss/Heat Gain
Two commenters suggested revising paragraph (c) by replacing ``the
mating wall of each'' with ``the fire separation wall between each.''
Mating walls between two or more sections of a multi-section home are
not the same as firewalls separating two or more attached, single-
family manufactured homes. Mating walls are aligned at installation to
create a cohesive single-family residence--they are not exterior walls.
However, fire separation walls, which separate attached single-family
homes, should be classified as exterior walls because they act as a
health-safety barrier between distinct residential dwellings. The
commenters believed these edits clarify the distinction between mating
walls and fire separation walls.
HUD Response: HUD reviewed and generally agreed with the comments.
HUD modified the standard to incorporate the public comment where those
changes have not significantly altered the intent as proposed.
Subpart G, Plumbing Systems
A commenter suggested clarifying the definition of ``indirect waste
receptor,'' a new term being introduced to the Standards. Second, in
Sec. 3280.608, strike ``Hangars'' and replace it with ``Hangers'' as
in the original. Third, by incorporating additional safety
considerations from the Uniform Plumbing Code, the commenter saw an
opportunity to protect the general public from the risk of burn or
scald. The commenter believed a home's relief drain, should it
terminate outside the home, must terminate between six and twenty-four
inches above the finished grade and face down at termination; high
enough to prevent backflow, but low enough to reduce the risk of injury
or accident.
HUD Response: HUD reviewed and generally agreed with the comments.
HUD modified the standard to incorporate the public comment where those
changes have not significantly altered the intent as proposed.
Sec. 3280.609 Water Distribution Systems
One commenter stated that the requirement that installers extend
water heater relief valve piping to beyond the skirting of the home
would very likely create an imminent safety hazard because it carries
superheated, pressurized water, so it should be deleted. Another
commenter stated that if the relief valve is directed to outside the
crawl space, there would be a possibility of personal injury to those
nearby. The commenter explained that water heater manufacturers do not
allow additional piping to be installed directly on the pressure relief
valve. They require ``air gaps'' when directing into additional piping.
The commenter concluded that HUD should reject these changes.
Another commenter stated that HUD should add discharge pipe
turndown requirements taken from the Uniform Plumbing Code which adds a
higher level of scald protection. This revision will increase consumer
safety.
Two commenters proposed changes to HUD's regulatory text.
HUD Response: HUD reviewed and generally agreed with the comments
and addressed the protections to residents by accepting comments
regarding relief pipe turndowns. HUD also modified the standard to
incorporate the public comment where those changes have not
significantly altered the intent as proposed.
Sec. 3280.612 Tests and Inspection
One commenter opposed the changes to this section because they
would reduce the required pressure needed to perform water supply
testing and, as a result, a revision of the manufacturers' installation
instructions would be needed along with oversight by the IPIA agencies
to assure that the proper instructions are provided with the home.
Another commenter recommended that, in the last sentence, ``potable
water source'' should replace ``potable source of supply.''
HUD Response: HUD generally agreed with the comments regarding
wording changes to the standard. HUD modified the standard to
incorporate the public comment where those changes have not
[[Page 2507]]
significantly altered the intent as proposed. HUD disagreed with
opposition to the proposed change as the changes have been vetted by
the MHCC and are consistent with many state requirements for testing
potable water supply systems. While this change may require revisions
to manufacturers' installation instructions, the system of design
approvals will ensure the instructions conform to the revised
requirements by the rule's effective date.
Subpart H, Heating, Cooling and Fuel Burning Systems
Sec. 3280.705 Gas Piping Systems
One commenter suggested HUD eliminate ``hard pipe'' in paragraph
(i)(8)(iii), as the industry uses a flex gas connector and not a quick-
disconnect.
HUD Response: HUD reviewed and generally agreed with the commenter
and modified the standard to incorporate the commenter's proposed
change.
Sec. 3280.709 Installation of Appliances
A commenter stated that Sec. Sec. 3280.709(a) and 3280.711 require
that manufacturers currently ship two sets of installation instructions
for each appliance with every home; the MHCC voted to strike this
requirement from section Sec. 3280.709(a) by letter ballot in 2015
(Log #92).
Some commenters noted the importance of inspection but stated that
it is unclear who is to perform on-site inspections and testing related
to paragraph (a)(1)(ii). One commenter stated that HUD should clarify
that the installation is to comply with the local building code
requirements and be subject to inspection by state or local code
officials. This commenter noted that the language in Sec.
3280.709(a)(1) would allow for the installation of direct vent space
heating appliances on-site following approved instructions and the
installation and inspection procedures provided.
A commenter was concerned with changes to the vent system
termination provisions in paragraph (d) because the commenter was
unaware of any health-safety risks that would necessitate expanding the
permissible range from 3 to 10 feet. The commenter stated the IRC has a
similar requirement, but it only applies to the vent system of a fuel-
burning appliance. Consequently, the commenter recommended adding the
clarifying phrase ``of fuel-burning appliances.'' In addition, the
commenter replacing the phrase ``habitable areas'' with ``habitable
rooms'' because this term is defined in the Standards.
HUD Response: HUD agreed that the MHCC voted to eliminate the
requirement for the home manufacturer to provide two sets of appliance
manufacturers' instructions with each home. This recommended change is
anticipated to be addressed in a future rulemaking. HUD also reviewed
the comments concerning the site installed direct vent appliances and
has made changes to clarify that testing of the home's fuel supply and
electrical systems are the responsibility of the home manufacturer. HUD
also reviewed the comment regarding separation of intake and exhaust
vents and made changes to address the comment by clarifying that the
placement restrictions apply to exhausts of fuel burning appliances and
using the defined term, ``habitable rooms.''
Sec. 3280.710 Venting, Ventilation, and Combustion Air
One commenter stated that the new requirement at paragraph (d) is
not needed and that, to follow the proposed requirement, the commenter
would have vent pipes above allowable transport height. The commenter
requested that HUD delete the requirement because it would be forced to
have vent pipes site installed, revise vent runs, or eliminate some
floor plans completely, which would drive up the cost of affordable
housing and cause financial burden. Another commenter stated that HUD
should clarify that Sec. 3280.710 applies to fuel-burning combustion
appliances, to be consistent with the IRC. Two commenters proposed
changes to HUD's regulatory text.
HUD Response: HUD disagreed with the comment that the changes to
separate intake and exhaust vents are not needed. The proposed standard
was recommended by the MHCC and HUD refers the commenter to U.S.
Government Accountability Office (GAO) audit report GAO-13-52, Testing
and Performance Evaluation Could Better Ensure Safe Indoor Air Quality.
HUD also reviewed the comment regarding separation of intake and
exhaust vents and has made changes to address the comment by clarifying
that the placement restrictions apply to exhausts of fuel burning
appliances and using the defined term, ``habitable rooms.''
Subpart I, Electrical Systems
Sec. 3280.807 Fixtures and Appliances
Some commenters stated that the new requirement at paragraph (g)
has no safety benefit to the consumer and HUD should delete it. The
commenters explained that wiring ceiling-mounted and wall-mounted light
fixtures to one switch has been standard practice for decades. A
commenter stated they were unaware of any health-safety risk associated
with having multiple bathroom lights controlled by the same switch, HUD
has not provided any information to suggest otherwise, and consumers'
preference and other building codes or standards support the
commenter's position.
HUD Response: HUD disagreed with the comments. The intent of the
requirement for separate switches allows an occupant to use one or both
lights at their discretion. This allows potential energy consumption
savings by allowing the occupant to energize one light rather than both
if both are not necessary.
Subpart J, Transportation Systems
Sec. 3280.902 Definitions
One commenter stated that the proposed change to the ``Drawbar and
coupling mechanism'' definition, by removing ``A frame'' and adding in
its place ``rigid substructure,'' is not justified and should be
discarded. Another commenter suggested deleting the parenthetical from
the ``Drawbar and coupling mechanism'' definition for clarity. The
commenter stated the parenthetical is unnecessary, and ``usually an A
frame rigid structure'' only creates confusion where the defined term
``Frame'' also uses the phrase ``rigid structure'' in its definition.
HUD Response: HUD disagreed with these comments. The added term is
consistent with the same use in other definitions and is intended to
reflect the structure to which the coupling mechanism is mounted.
Sec. 3280.903 General Requirements for Designing the Structure To
Withstand Transportation Shock and Vibration
One commenter suggested that HUD reject the proposed changes to
paragraph (a). The commenter stated that to remove ``during its
intended life'' is unacceptable. To alter the language to ``function
after set-up'' now establishes a ``time frame'' on how long chassis
have to last and many manufactured homes will no longer be
``transportable'' which is required under 3280.2. The commenter did not
suggest where HUD should reinclude the phrase ``during its intended
life'' if HUD kept its proposed changes to Sec. 3280.903.
For paragraph (b)(1), commenters stated that HUD should provide
more guidance on the road test requirements and clarify what
constitutes an effective
[[Page 2508]]
road test. One commenter suggested that HUD clearly define the minimum
miles to travel, the type of roadways to travel, and what a failure is.
Other commenters supported the requirement for road tests to be
witnessed by experts who are in the best position to provide such
services--an independent registered professional engineer or architect,
or by a recognized testing organization. One commenter recommended that
the testing laboratory be accredited to ISO/IEC 17025 or 17020. Two
commenters stated that in paragraph (b)(1), the manufacturer's
Production Inspection Primary Inspection Agency should be added to the
list of independent third parties who can witness and certify the road
test, and included regulatory text changes. These commenters stated
that paragraphs A and B appear to be a carryover from Interpretive
Bulletin J-1-76 and should be updated to the applicable (1) and (2)
paragraph numbering format to clarify that the equation requires the
sum of the Dead Load and Floor Load calculations.
HUD Response: HUD disagreed with the comment that the changed
language alters the intended life of the chassis. The terminology
refers to the structural, plumbing, mechanical and electrical systems
and requires that those systems remain operational/functional after
transportation.
HUD reviewed the comments and proposed changes that would add
several specific requirements within the road test requirements. These
suggestions should be put forth for MHCC review and consideration, as
it is not appropriate for HUD to integrate these changes at the final
rule stage.
Upon review of public comment, HUD added that Primary Inspection
Agencies may also witness and certify road tests. HUD also reviewed
comments that include specific changes to the formula included in Sec.
3280.903(b)(3) and edited the formula accordingly.
Sec. 3280.904 Specific Requirements for Designing the Transportations
System
A commenter suggested that ``to insure'' should be replaced with
``ensuring'' to correct a minor grammatical error. Some commenters
suggested that in paragraph (b)(4)(i) the word ``static'' should be
added to ``gross dead weight,'' such that the text should read ``gross
static dead weight,'' to maintain consistency with the ``static tongue
weight'' variable.
For paragraph (b)(4)(ii), one commenter suggested HUD add a
requirement to check weights with the home in a level position ready
for transport.
For paragraph (b)(9)(ii), several commenters stated HUD should
maintain the current 40-foot stopping distance. One commenter stated
HUD should utilize Interpretive Bulletin J-1-76. Requiring new brake
tests would pose financial burdens. Another commenter stated it could
not find a federal Department of Transportation (DOT) requirement that
would reduce the braking distance to 35 feet from 40 feet. The proposal
would eliminate acceptable brake tests qualified under the current
standards, adding undue burden and cost, without justification, to
homes with years of satisfactory braking experience which would need to
be re-tested. Another commenter believed keeping the stopping distance
at 40 feet is consistent with DOT regulations.
For the same paragraph (b)(9)(ii), a commenter stated the
parenthetical should be deleted. The transportation of manufactured
homes more appropriately falls under Category B(3), ``All other
property-carrying vehicles and combinations of property-carrying
vehicles,'' of the DOT Vehicle Brake Performance Table.\8\ Given that
the weight of a home can easily exceed 25,000 pounds--with some 16-
foot-wide, full-length models approaching 40,000 pounds--home
transportation is more closely related to the movement of heavy
equipment, such as excavators and dump trucks. While the process of
transporting a home is considered driveaway-towaway operations under
DOT regulations, the DOT also recognizes that these homes require
special consideration.\9\
---------------------------------------------------------------------------
\8\ See 49 CFR 393.52(d).
\9\ See, e.g., 49 CFR 393.75(h).
---------------------------------------------------------------------------
Two commenters suggested in paragraph (b)(6)(i), the word
``nationally'' should be deleted. There are several reputable programs
and testing agencies that do not yet have national accreditation, but
they have regional, state, or local approval. These programs or
agencies should not be excluded, especially when state standards are
often more stringent. Another commenter recommended that, for paragraph
(b)(6)(i), that the nationally recognized testing agency be accredited
to ISO/IEC 17025 or 17020.
Some commenters suggested in paragraph (b)(8)(ii), the phrase ``or
equivalent'' should follow ``tread wear indicator'' to ensure
consistency with how the phrase is applied to other similar provisions
throughout the Standards.
For paragraph (b)(9)(iii), a commenter stated that HUD's proposed
requirement is not practical because there is no way to check actual
voltage unless the truck is hooked up to the brakes. The commenter
asked if the intent is to perform this test on every home that ships
and requested that HUD delete the requirement as it would drive up the
cost of affordable housing and pose financial burden on the commenter.
Another commenter suggested replacing the first two sentences of
paragraph (b)(9)(iii) with the following: ``Brake wiring must be
provided for each brake. The brake wire must not be less than the value
specified in the brake manufacturer's instructions.'' Manufacturers
should not be responsible for evaluating each transportation company's
tractors and equipment or for assessing each company's quality
assurance program. They should only be responsible for ensuring that
the provided brake wiring meets or exceeds the minimum required
specifications as provided by the brake manufacturer.
HUD Response: HUD accepted the comment regarding changing
``insuring'' to ``to ensure'' within Sec. 3280.904(b)(3). HUD also
accepted the comment to add ``static'' within Sec. Sec. 3280.904(b)(4)
and 3280.904(b)(6). HUD also accepted the comment to check weights with
the home in a level position (see revised Sec. 3280.904(b)(4)(ii)).
HUD disagreed with the comment to revise the stopping distance from
35 to 40 feet. HUD revised the reference for the braking performance
stopping distance, aligning HUD's standards with DOT (at 49 CFR
393.52(d)) and clarified the classification of manufactured home to
best align with DOT's previously designated classification.
HUD disagreed with the comment to remove ``nationally'' from the
qualifier on testing agencies that may accept recycled axle programs
(Sec. 3280.904(b)(6)(i)). This terminology has been in use for decades
and its use is consistent with historical use. HUD also disagreed with
the comment that suggests adding a specific accreditation for testing
agencies. HUD has found the work of nationally recognized testing
agencies, having various qualifications, does not impede health and
safety protection.
HUD also reviewed comments requesting the addition of equivalent
tread wear indicators but has not received specific means of
determining equivalence and has therefore decided not to include such
language in the final rule. These suggestions should be put forth for
MHCC review and consideration, as it is not appropriate for HUD to
integrate these changes at the final rule stage.
[[Page 2509]]
HUD reviewed public comment and specific comments that included
textual changes to Sec. 3280.904(b)(9)(iii) regarding electrical brake
wiring. HUD accepted these changes.
Subpart K, Attached Manufactured Homes and Special Construction
Several commenters supported adding two-family, or two- and three-
family, dwelling units to Subpart K. These commenters supported
duplexes and triplexes as more practical and affordable solutions in
urban and suburban applications because of, for example, zoning
restrictions. One commenter suggested less restrictive fire separation
requirements and amending Sec. Sec. 3280.1002 and .1004 and adding a
new Sec. 3280.1003(a). Another commenter also suggested less
restrictive fire separation requirements and offered several
recommended changes to regulatory text. These proposed changes to
regulatory text included separating Sec. 3280.1003 into two
paragraphs--paragraph (a) for ``two attached manufactured homes'' and
paragraph (b) for ``three or more attached manufactured homes.'' Some
commenters supported reevaluating Subpart K for a single structure with
two dwellings but did not propose alternative regulatory text. One
commenter stated that duplexes have simpler requirements than ``town
homes,'' and the demand for duplexes will far outpace any other type of
attached manufactured home.
Another commenter, while expressing general support for HUD's
proposed changes, questioned HUD's focus on adopting standards for
multi-story manufactured homes and attached manufactured homes, while
MHCC recommended standards for multi-family manufactured homes are not
included in the proposed rule and have yet to be proposed for adoption.
The commenter noted the absence of an explanation in the proposed rule
for HUD's prioritization of the included standards for multi-story and
``zero-lot-line'' attached manufactured homes, as contrasted with
broader and potentially much more economically-significant and
beneficial proposed standards for multi-unit/multi-family manufactured
homes. The commenter stated that instead of promoting affordable
manufactured housing for all Americans as required by law, HUD appears
to be abusing its regulatory authority to support Fannie Mae and
Freddie Mac in order to benefit a narrow industry segment, while
smaller manufacturers are kept waiting endlessly for proposed multi-
unit/multi-family standard. The commenter stated that HUD gave no
indication in the proposed rule of when or even if multi-unit/multi-
family manufactured homes will be addressed by promulgating new
standards that are clearly and uncontrovertibly within the scope of
present federal law. The commenter concluded that HUD should include
MHCC recommended standards for multi-unit/multi-family manufactured
homes in any final rule under the present docket.
Another commenter stated that much of the proposed language in the
new Subpart K duplicates nearly verbatim the language contained in IRC
sections R302.2 and R302.4 without observing and protecting the rights
of the ICC as its copyright holder. The commenter stated that if HUD
wishes to publish any part of the IRC in its rules or future rulemaking
proceeding, HUD must seek to comply with OMB Circular A-119 and
Incorporation by Reference procedures.
HUD Response: HUD reviewed comments that include specific text
changes and has integrated those comments to the maximum extent deemed
necessary to effect the appropriate changes where those changes have
not significantly altered the intent as proposed.
HUD decided not to eliminate structural independence for attached
homes, as each home shall be designed to be structurally independent
and each home must perform on its own. HUD accepted changes to wording
regarding fire separation walls but has not accepted the use of
exceptions. The exceptions should be submitted as proposed changes to
the MHCC, and any exceptions shall be handled through the Alternative
Construction process. It is not appropriate for HUD to integrate these
changes at the final rule stage.
Further, this standards change was not intended to address multi-
dwelling unit manufactured homes (multiple single-family residences in
one manufactured home structure). The MHCC recommendations for multi-
unit manufactured homes are contained in the fourth set of its
recommendations for changes to the Standards. The attached manufactured
homes are each designed as individual single-family residential
structures by the home manufacturers and each such attached home is to
comply with the requirements set forth in 24 CFR 3280 and as such meet
all such requirements to be labeled as manufactured homes to be
installed in accordance with accompanying installation instructions
that also meet HUD's Model Manufactured Home Installation Standards.
HUD has reviewed the public comment regarding integration of
requirements that are generally consistent with provisions of the
International Residential Code (IRC). HUD has acted on proposed
standards received from the public and as reviewed, modified and
recommended by the MHCC. While some language may be consistent between
the IRC, state and local codes, and the requirements published in this
rule, there are differences that remain and justify establishment of
unique provisions rather than incorporating the IRC or any given state
or local code in their entirety. HUD believes the standards will allow
use of some of the latest building technologies and materials, creating
more consistency with multiple State-adopted residential building codes
for site-built housing (some of which may incorporate or amend
standards including, but not limited to, the International Residential
Code), and expand consumer choice.
Comments: Preemption and Opportunity Zones.
A commenter asserted that in the preamble HUD overtly intends to
preempt the authority of state and local jurisdictions through Subpart
K. The commenter cited reasons as to why such requirements are within
the domain of state and local authorities. Adjacent and attached
manufactured homes may be manufactured by different companies and
installed at different times resulting in potential interactions that
have not been addressed within either manufactured home, but which
could be within the proposed rule's requirements. The proposed rule
provides no requirements that attached manufactured homes be
manufactured by the same manufacturer or installed at the same time.
A commenter stated that HUD should have provided more detail and
justification for the following statement made in the Proposed Rule,
which was used as a blanket justification for the new subpart K:
``Subpart K would enable manufacturers to design and construct homes
similar to townhomes, which may be useful to address affordable housing
needs in Opportunity Zones and urban or other areas.''
According to the commenter, HUD makes no attempt to quantify the
benefit against potential costs even though the qualifier ``may'' is
used to describe the policy change's potential benefit. For instance,
HUD did not consider how many fewer code inspectors might there be in
the country if this policy change were to allow the manufactured
housing industry to become a dominant force in
[[Page 2510]]
the housing sector. Further, HUD also failed to provide any evidence
that a consumer market even exists for townhome-style developments made
out of manufactured homes. Additionally, HUD also failed to describe
any interest that would validate the above statement for the type of
developments that are considered by this new provision on the part of
the Opportunity Zone funds, or their managers, or even those local
officials representing the Opportunity Zone areas.
The commenter was also concerned about the number of state and
local authorities that the proposed rule would preempt, if finalized in
its current form. The commenter stated there are at least four major
preemptions that should be considered more fully through a Federalism
Consultation, consistent with Executive Order 13132. The commenter
believed that the authority granted to manufactured housing producers
under this provision should have triggered a proper consultation
process, irrespective of the additional preemptions provided by the
proposed rule for building code-related authorities affecting
stairways, landings, handrails, guards and stairway illumination,
siting of and installation standards for carbon monoxide alarms, and
indoor ventilation requirements. The commenter suggested that prior to
finalizing the rule, HUD should pause to complete a Federalism
Consultation and more robust cost-benefit analysis, especially as it
relates to disaster preparedness and recovery.
HUD Response: HUD reviewed the public comment regarding the
justification for this new Subpart. In response, HUD found that the
standards promulgated in this Final Rule are within the scope and
authority provided by the Manufactured Home Construction and Safety
Standards Act of 1974, as amended by the Manufactured Housing
Improvement Act of 2000. Further, HUD believes that the future design,
construction and installation of attached manufactured homes may create
affordable housing opportunities and may allow manufactured homes to be
placed in more urban areas where land and space restrictions have
historically limited the use of manufactured housing and because the
design and construction of such homes historically required specific
HUD approvals creating a more burdensome and costly oversight process.
These areas may include locations within Opportunity Zones. HUD is
aware of a nationwide trend that recognizes increased focus on
efficient land use in many areas. HUD's Construction and Safety
Standards allow for the industry to provide safe, decent, sanitary, and
affordable housing, as the need develops.
HUD also noted that the aspects of installation would still be
subject to state and local authority, as is the same for all other
manufactured home installations, provided manufacturer installation
instructions and state and local requirements at a minimum comply with
HUD's Model Manufactured Home Installation Standards. However, HUD's
Construction and Safety Standards as promulgated through this Final
Rule would preempt state and local requirements for the same aspects of
construction, the same as for all other manufactured homes.
Sec. 3280.1002 Definitions
Two commenters suggested changes to HUD's proposed regulatory text.
Another commenter stated that HUD should reject the proposed changes to
Sec. 3280.1002. Manufactured homes are designed to be transportable
during the intended life of the home and allowing multi-family
manufactured homes to be constructed and installed affects
homeownership and the adjacent home.
Another commenter opposed the proposed rule due to its unwarranted
intrusion into the modular housing construction sector. Subpart K would
allow ``(t)wo or more adjacent manufactured homes that are structurally
independent from foundation to roof and with open space on at least two
sides. . .'' (definition of Attached manufactured home at Sec.
3280.1002). In addition to federal preemption and safety risks
associated with manufactured housing, the commenter asserted that HUD
has not considered additional factors that make modular homebuilding
preferable to manufactured housing, including: Durability, resiliency,
long-term value and resale market, access to conventional financing
without the limits FHA places on manufactured home loans, and fewer
zoning restrictions.
HUD Response: HUD reviewed comments that include specific text
changes and has integrated those comments to the maximum extent deemed
necessary to effect the appropriate changes. HUD has changed the
definition for ``fire separation wall'' by removing the language that
the walls be structurally independent as that requirement is already
included in the definition of ``attached manufactured home.'' Further,
HUD reviewed the comments suggesting intrusion into the modular housing
sector and disagreed with the comments. These standards apply to
manufactured housing and contain many of the same or similar
requirements as other similar structures or similar design features and
considerations.
Sec. 3280.1003 Attached Manufactured Home Unit Separation
Two commenters provided a significant number of suggested changes
to HUD's proposed regulatory text. The commenters suggested several
editorial and substantive changes to the unit separation requirements
and have suggested exceptions to the requirements under certain
conditions. Some commentors have also suggested substantive changes to
requirements for fire separation wall penetrations.
HUD Response: HUD reviewed comments that include specific text
changes and has integrated those comments to the maximum extent deemed
necessary to effect the appropriate changes that remain in line with
the MHCC's recommendations. The changes made by HUD within this
standard remove reference to ``two attached manufactured homes'' and
more generically requires unit separation between any attached
manufactured homes. HUD has also modified the requirement that 1 hour
fire-resistive rating be based on testing in accordance with ASTM E
119-05, without including language stating ``with exposure from both
sides on each attached manufactured home unit.'' HUD has not integrated
substantive changes to include new exceptions and HUD has not accepted
substantive changes to fire separation penetrations. HUD will consider
exceptions through the Alternative Construction process, should a
manufacturer be unable to meet the requirements of the standards and be
able to demonstrate an equivalent level of safety. Further changes,
such as those proposed by some commenters, should be proposed for
review by the MHCC so that consensus review of those proposed changes
is made as envisioned by the Act. It is not appropriate for HUD to
integrate these changes at the final rule stage.
Sec. 3280.1004 Exterior Walls
Two commenters proposed that in paragraph (b), ``or separation
wall'' should be added after ``fire separation wall'' and before ``on
each manufactured home.''
HUD Response: HUD reviewed comments that include specific text
changes and has decided not to incorporate the change to ensure all
exterior walls contain insulation.
[[Page 2511]]
Comments: Changes to the Manufactured Home Procedural and
Enforcement Regulations (24 CFR Part 3282).
A commenter stated that high winds caused by tornadoes and
hurricanes have caused significant damage to manufactured housing
units, as compared to site-built houses, as evidenced by the Federal
Emergency Management Agency (FEMA) in multiple post-disaster assessment
reports. The commenter explained that structural add-ons to
manufactured homes present a clear safety risk to life and property,
and the broad authority given to manufactured housing manufacturers
regarding attachments, including car ports, garages, awnings, decks and
porches, at the newly proposed 24 CFR part 3282, as well as through the
proposed subpart K, should be reconsidered and reevaluated. HUD should
reevaluate the proposed revisions in consultation with FEMA and the
U.S. Global Change Research Program.
Another commenter recommended that HUD keep in mind that, on
January 14, 2020, several important amendments to Subpart M were
advanced by the MHCC's Regulatory Enforcement Subcommittee. While the
commenter did not suggest that HUD delay updates to Subpart M, HUD
should be aware that substantial changes will likely be approved by the
MHCC at its next meeting. The commenter also looked forward to the
prompt implementation of the MHCC's recommended revisions to Subpart M,
which the commenter believed will streamline the administrative
process.
HUD Response: HUD reviewed these general comments. HUD is
regulating design of the manufactured home, not the design and
construction of site-built attachments. These aspects remain under the
purview of the local authorities having jurisdiction.
Changes to the Model Manufactured Home Installation Standards (24 CFR
Part 3285)
General Comments
A commenter stated the proposed rule would have a significant
impact on the role of manufactured home installers, including potential
liability for installation work related to accessory buildings and
other on-site installation, such as certain appliances the proposal
states can be shipped ``loose'' to the homesite. To ensure that the end
buyer or resident of the home has a home that has been safely
manufactured, transported, and installed, it is vital that all
installation documentation is shipped with and remains with the home.
HUD Response: HUD reviewed the comment and addressed similar
comments in this final rule. Concerns regarding verification of current
installation documentation requirements should be put forth for MHCC
review and consideration, as it is not appropriate for HUD to integrate
changes on these requirements at the final rule stage.
Sec. 3285.5 Definitions
One commenter suggested that the ``attached accessory building or
structure'' definition in Sec. 3285.5 be updated to ensure it matches
how the term is defined elsewhere in the Standards. Specifically, the
word ``the'' should be inserted between ``which'' and ``attachment,''
to promote consistency in the Standards for the new term ``attached
accessory building or structure.''
HUD Response: HUD reviewed comments that included specific text
changes and integrated those comments to the maximum extent deemed
necessary to effect the appropriate changes.
Continued Updates to the Standards and MHCC Recommendations Not
Addressed in the Proposed Rule
General Comments
Several commenters supported regular updates to the Standards and
HUD's backing of manufactured housing. Commenters also recommended that
HUD develop and implement a streamlined process for Standards updates
going forward, so revisions are introduced on a more consistent
timeline.
Many commenters supported recommendations and technical changes
made by the national association representing the industry at the
federal level, the Manufactured Housing Institute (MHI), that further
enhance the proposed rule. The commenters believed MHI's
recommendations should be incorporated into HUD's final updates and
represent critical progress in clearing out the backlog of items that
have been approved by the MHCC. These changes were recommended by the
MHCC but have not yet been incorporated into the Standards, and the
commenters encouraged HUD to quickly finalize the proposed rule with
MHI's recommended changes.
A commenter believed updates are delayed because the Office of
Manufactured Housing Programs is a ``low priority'' within HUD's
organizational hierarchy. HUD has repeatedly said it is committed to
both housing innovation and streamlining the administrative and
regulatory processes that hurt manufactured housing, and this
rulemaking galvanizes HUD's commitment to the manufactured housing
industry. Because HUD is the standard-setting body for the nation's
manufactured home construction and safety standards, updates must
follow a distinct administrative path and must be prioritized
separately from unrelated policy matters. Such an approach was
recommended by the Government Accountability Office in 2014 and in 2019
by HUD's own Office of Policy Development and Research.\10\
---------------------------------------------------------------------------
\10\ U.S. Gov't Accountability Office, GAO-14-410, Manufactured
Housing: Efforts Needed to Enhance Program Effectiveness and Ensure
Funding Stability (July 2, 2014). See also HUD's ``Report to
Congress on the On-Site Completion of Construction for Manufactured
Homes'' (June 18, 2019).
---------------------------------------------------------------------------
These commenters also urged HUD to move forward with the subsequent
sets of Standards updates that have been passed by the MHCC but are
still pending HUD action. Such sets of updates include several critical
industry recommendations such as roll-in showers and tankless water
heaters within the Standards. The commenters also urged HUD to move
forward with subsequent proposals to update the Federal Construction
and Safety Standards that have been considered and recommended by the
Consensus Committee--yet have not been acted upon by the Department.
One commenter stated it is unacceptable that HUD continues to neglect
its obligations to ensure timely updates to the Standards. HUD's delays
have real-world consequences for families moving into manufactured
homes and for the environment and public health. It is critical that
HUD address each of the revisions already recommended by the MHCC and
act on future MHCC recommendations within the timeframe allowed by
Congress, ``not later than 12 months after the date on which a standard
is submitted to the Secretary by the MHCC.''
Comments: The Department of Energy and Energy Efficiency.
One commenter stated that one of the proposed rule's notable
failures is HUD's decision ``not to include in this proposed rule
certain MHCC recommendations due to pending regulations for improving
energy efficiency in manufactured homes being prepared by the U.S.
Department of Energy'' (DOE). DOE in November 2019 agreed to a
settlement to take final action on energy efficiency no later than
February 2022. This offers HUD a reasonable opportunity to implement
[[Page 2512]]
the MHCC's recommendations in the current rulemaking and HUD's delay
further risks the health and financial well-being of new manufactured
home residents.
Another commenter continued that HUD states that ``[g]iven this DOE
rulemaking,'' it ``has decided to postpone action'' on certain MHCC
recommendations affecting Sec. Sec. 3280.502 and 3280.506(b). The
proposed rule cites no legal authority for this postponement, nor is
HUD's proposed action one of the three outcomes permitted by the
statutory text: \11\ The adoption, modification, or rejection of the
proposed revisions recommended by the MHCC. Moreover, the proposed rule
does not fulfill HUD's obligation to publish for public comment the
proposed revised standards recommended by the MHCC. Because HUD has
failed to identify the specific changes to the Standards that it is
postponing, HUD denies the public an opportunity to meaningfully
comment on this aspect of the proposed rule. Even if DOE's standards
for energy efficiency would ultimately supersede the MHCC's approved
recommendations, HUD has ample time to implement the MHCC's recommended
energy efficiency improvements before compliance with any conflicting
DOE standards would be required.
---------------------------------------------------------------------------
\11\ See 42 U.S.C. 5403(a)(5).
---------------------------------------------------------------------------
Another commenter recognized the valuable role energy efficiency
requirements play in reducing the energy burden of households
(particularly low-and moderate-income households) and supporting
affordability across the life cycle of homeownership and rental. DOE's
delay does not absolve HUD of its obligation to provide manufactured
homeowners with energy efficient homes. The commenter recommended HUD
incorporate provisions of the International Energy Conservation Code
appropriate for manufactured homes into the federal standards. HUD
should also work diligently with DOE to assure the implementation of
the requirements in 42 U.S.C. 17071.
HUD Response: HUD reviewed the comments and intends to move forward
with more recent MHCC recommendations. HUD will continue to collaborate
and cooperate with other federal agencies, including DOE, as needed and
necessary.
IV. Incorporation by Reference
The reference standards proposed for incorporation are 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 organization that developed the
standard. As described in Sec. 3280.4, these standards are also
available for inspection at HUD's Office of Manufactured Housing
Programs and the National Archives and Records Administration.
This final rule incorporates by reference the following six
consensus standards for Manufactured Housing:
1. ANSI/ASHRAE 62.2-2010, Ventilation and Acceptable Indoor Air
Quality in Low-Rise Residential Buildings. This standard defines the
roles of and minimum requirements for mechanical and natural
ventilation systems and the building envelope intended to provide
acceptable indoor air quality in low-rise residential buildings. It is
ASHRAE's Indoor Air Quality standard for residential buildings. It
applies to spaces intended for human occupancy within single-family
houses and multi-family structures of three stories or fewer above
grade, including manufactured and modular houses. This standard is
available online for review via read-only, electronic access at http://ibr.ansi.org/Standards/.
2. ANSI/UL 2034-2016. Standard for Single and Multiple Station
Carbon Monoxide Alarms. These requirements cover electrically operated
single and multiple station carbon monoxide (CO) alarms intended for
protection in ordinary indoor locations of dwelling units, including
recreational vehicles, mobile homes, and recreational boats with
enclosed accommodation spaces and cockpit areas. The carbon monoxide
alarms covered by these requirements are intended to respond to the
presence of carbon monoxide from sources such as, but not limited to,
exhaust from internal-combustion engines, abnormal operation of fuel-
fired appliances, and fireplaces. Carbon monoxide alarms are intended
to alarm at carbon monoxide levels below those that cause a loss of
ability to react to the dangers of carbon monoxide exposure. Carbon
monoxide alarms covered by this standard are not intended to alarm when
exposed to long-term, low-level carbon monoxide exposures or slightly
higher short-term transient carbon monoxide exposures, possibly caused
by air pollution or properly installed and maintained fuel-fired
appliances and fireplaces. This standard is available online for review
via read-only, electronic access at http://ibr.ansi.org/Standard.
3. ASTM E 119-05. Standard Test Methods for Fire Tests of Building
Construction and Materials. This standard is used to measure and
describe the response of materials, products, or assemblies to heat and
flame under controlled conditions, but does not by itself incorporate
all factors required for fire hazard or fire risk assessment of the
materials, products, or assemblies under actual fire conditions. This
standard is available online for review via read-only, electronic
access at http://www.ASTM.org/READINGLIBRARY.
4. NFPA 70-2005. National Electrical Code, Article 550.17. The
provisions of this article cover the electrical conductors and
equipment installed within or on mobile and manufactured homes, the
conductors that connect mobile and manufactured homes to a supply of
electricity, and the installation of electrical wiring, luminaires
(fixtures), equipment, and appurtenances related to electrical
installations within a mobile home park up to the mobile home service-
entrance conductors or, if none, the mobile home service equipment.
More specifically, Article 550.17 provides that the wiring of each
mobile home be subjected to a 1-minute, 900-volt, dielectric strength
test (with all switches closed) between live parts (including neutral)
and the mobile home ground. Alternatively, the standard allows a test
to be performed at 1080 volts for 1 second. This test shall be
performed after branch circuits are complete and after luminaires
(fixtures) or appliances are installed. This standard is available
online for review via read-only, electronic access at http://ibr.ansi.org/Standards.
5. NFPA 720. Standard for the Installation of Carbon Monoxide (CO)
Detection and Warning Equipment. This document does not attempt to
cover all equipment, methods, and requirements that might be necessary
or advantageous for the protection of lives from carbon monoxide
exposure. The effects of exposure to carbon monoxide vary significantly
among different people. Infants, pregnant women, and people with
physical conditions that limit their bodies' ability to use oxygen can
be affected by low concentrations of carbon monoxide. These conditions
include, but are not limited to, emphysema, asthma, and heart disease,
all of which are usually indicated by a shortness of breath upon mild
exercise. People in need of warning about low levels of carbon monoxide
should explore the use of specially calibrated units or other
alternatives. This standard is primarily concerned with life safety,
not with protection of property. It covers the selection, design,
application, installation, location, performance, inspection, testing,
and maintenance of
[[Page 2513]]
carbon monoxide detection and warning equipment in buildings and
structures. This standard is available online for review via read-only,
electronic access at http://ibr.ansi.org/Standards.
6. UL 217. Single and Multiple Station Smoke Alarms. This document
provides requirements that cover electrically operated single and
multiple station smoke alarms intended for open area protection in
indoor locations. This standard is available online for review via
read-only, electronic access at http://ibr.ansi.org/Standard.
The sections of the Construction and Safety Standards that would be
amended by each reference modification and the impact of each reference
is shown in the chart below.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Standard Edition Title Section Comment
--------------------------------------------------------------------------------------------------------------------------------------------------------
ANSI/UL 2034............................... Third.............. Single and Multiple Station Sec. Only required for homes that
Carbon Monoxide Alarms. 3280.211(a) incorporate a gas burning appliance
and then preempts state and local
requirements already established in 38
states.
ANSI/ASHRAE 62.2........................... 2010............... Ventilation and Acceptable Sec. Provides an option to ventilation
Indoor Air Quality in Low- 3280.103(d) requirements established at Sec.
Rise Residential Buildings. 3280.103(b) and (c).
NFPA No.70 Article 550.17.................. 2005............... National Electrical Code..... Sec. Provides for a referenced standard to
3280.810(b) conduct polarity checks as an option
to visual polarity checks.
NFPA 720................................... 2015............... Standard for the Installation Sec. Only required for homes that
Carbon Monoxide Detection 3280.211(b) incorporate a gas burning appliance or
Equipment. an attached garage and then preempts
state and local requirements already
established in 38 states.
ASTM E 119................................. 2005............... Standard Test Method for Fire Sec. Allows for a manufacturer to design and
Tests of Building 3280.1003(a) construct attached housing that is
Construction and Materials. otherwise only permitted through an AC
review and approval.
UL 217..................................... Fifth.............. Single and Multiple Station Sec. Provides for a referenced standard for
Smoke Alarms. 3280.211(a) manufacturers to use combination
carbon monoxide and smoke alarms. This
standard addresses smoke alarm
operation of the combination alarms.
--------------------------------------------------------------------------------------------------------------------------------------------------------
In addition to reviewing these standards on-line, copies of the
standards may be obtained from the organization that developed the
standard as follows:
ANSI--American National Standards Institute, 11 West 42nd Street,
New York, NY 10036, 212-642-4900, fax 212-398-0023, www.ansi.org.
ASHRAE--American Society of Heating, Refrigeration, and Air
Conditioning Engineers, 1791 Tullie Circle NE, Atlanta, GA 30329, 404-
636-8400, fax 404-321-5478.
ASTM--ASTM, Int'l, 100 Barr Harbor Drive, West Conshohocken,
Pennsylvania 19428, 610-832-9500, fax 610-832-9555, www.astm.org.
NFPA_National Fire Protection Association, Batterymarch Park,
Quincy, Massachusetts 02269, 617-770-3000, fax 617-770-0700,
www.nfpa.org.
UL_Underwriters Laboratories, 333 Pfingsten Road, Northbrook,
Illinois 60062, 847-272-8800, fax 847-509-6257, www.ul.com.
This final rule also references ASTM D781-1968 (Reapproved 1973),
which has already been approved for incorporation by reference. No
changes are being proposed to this IBR.
V. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made whether a regulatory action is significant
and, therefore, subject to review by the Office of Management and
Budget (OMB) in accordance with the requirements of the order.
Executive Order 13563 (Improving Regulations and Regulatory Review)
directs executive agencies to analyze regulations that are ``outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.'' Executive Order 13563 also directs that, where relevant,
feasible, and consistent with regulatory objectives, and to the extent
permitted by law, agencies are to identify and consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public.
This rule was determined to be a ``significant regulatory action''
as defined in section 3(f) of the Executive order (although not an
economically significant regulatory action, as provided under section
3(f)(1) of the Executive order).
Executive Order 13771
Executive Order 13771, entitled ``Reducing Regulation and
Controlling Regulatory Costs,'' was issued on January 30, 2017. This
rule is expected to be an Executive Order 13771 regulatory action.
Details on the estimated cost savings of this final rule can be found
below in the Summary of Benefits and Costs, and in the rule's
Regulatory Impact Analysis.
Summary of Benefits and Costs of Rule
As discussed, this final rule would amend the Federal Manufactured
Home Construction and Safety Standards by adopting recommendations made
to HUD by the MHCC. In this regard, this final rule revises various
standards that reflect current construction practices used by the
manufacturing housing industry and the home construction industry in
general. For example, when a manufacturer chooses to install a carbon
monoxide alarm, the manufacturer will use an alarm that has been listed
in accordance with requirements of ANSI/UL 2034 and the manufacturer
will install the alarm in accordance with the product's installation
instructions that meet the requirements of NFPA 720. Similarly,
standards proposed that are applicable to interior door widths as well
as those provisions for multi-story and attached manufactured homes are
based on current construction practices that have largely been
established due to pre-existing requirements of state and local
jurisdictions for other housing products (i.e., site-built or modular).
Other standards recommended by the MHCC and proposed by HUD, such as
those that would define requirements for stairways, landings,
handrails, guards
[[Page 2514]]
and stairway illumination, would free manufacturers from having to
follow various state and local requirements that vary from jurisdiction
to jurisdiction and bring uniformity to manufactured home construction
nation-wide. The rule would also incorporate five new reference
standards that are already standards used in the design, listing, and
evaluation of the respective materials or components.
In addition, HUD has concluded that this rule provides
manufacturers more flexibility in the ability to pursue design options
and, more importantly, cost savings as the result of eliminating the
need to obtain HUD approval through the Alternative Construction (AC)
process (see Sec. 3282.14). More specifically, manufacturers need to
engage the AC process to design and construct manufactured homes that
incorporate innovations that have not yet been codified in HUD's
Construction and Safety Standards. For example, addressing the design
and construction of multi-story homes, attached homes, or homes that
are designed to accommodate an attached garage or carport that is not
factory constructed but added to the home during the home installation
process, may create regulatory confusion between state, local, and
Federal authorities and may sometimes require HUD approval through the
AC process prior to the manufacturer being able to incorporate these
design features. After review of an AC request, HUD establishes
specific terms and conditions for use of the design through an AC
letter. While the AC process serves a useful purpose, including
encouraging the use of new technology in the construction of
manufactured homes, HUD believes that codification of certain design
features that already were reviewed can provide cost savings for
manufacturers and consumers, and reduce regulatory confusion when
directly addressed within the code. In fact, HUD's final rule is based
primarily on the MHCC's recommendations and integrates some aspects of
specific AC letters that have been issued in the past. Specifically,
regulatory costs that are currently borne by the manufactured home
manufacturer associated with preparing an AC request and maintaining
the AC approvals include:
1. Manufacturers' engineers' preparation of designs, calculations,
or tests for aspects that do not conform with outdated building
standards for past innovations that have become more commonplace but
have not yet been incorporated into the Construction and Safety
Standards;
2. DAPIA review and approval of the designs, calculations, and or
tests to be submitted on behalf of the manufacturers requesting HUD's
approval;
3. Preparation of a submission package for the AC request,
including all designs, calculations, and tests to be sent to HUD for
approval;
4. Lost opportunity costs and actual manufacturer and DAPIA staff
time to respond to HUD throughout the review and approval process,
which, depending on the specific AC request, may take as few as 30 days
or as long as 6 months;
5. Time and travel associated with third-party inspections at each
affected home's site for manufactured homes built under an AC that
requires a site inspection be conducted in order to verify conformance
with specific terms and conditions of the AC approval; and
6. Maintaining and providing copies of AC-specific production
reports, inspection reports, and other administrative burdens required
to maintain the AC approval.
This rule would also require that carbon monoxide detectors be
installed in homes with fuel burning appliances or designed by the home
manufacturer for an attached garage. These provisions are intended to
be consistent with other single-family dwelling construction
requirements and are intended to provide early warning alerts to
occupants of the presence of carbon monoxide within the living space of
the manufactured home. Specifically, this rule would require that
carbon monoxide alarms be installed in accordance with the Standard for
the Installation of Carbon Monoxide Detection Equipment, NFPA 720-2015,
and be listed and conform to the requirements of Single and Multiple
Station Carbon Monoxide Alarms, ANSI/UL 2034-2016 edition.
In sum, the one-time annual costs of this proposed rule range from
$2.19 million to $4.122 million. Total valued benefits range from
$8.515 million to $12.517 million. Unvalued benefits include reduced
home damage and injuries from piping water heater relief valves to
outside of the home and from the avoided delay during the AC review.
The total estimated annual costs and benefits are described in the
chart below.
----------------------------------------------------------------------------------------------------------------
3 percent 7 percent
---------------------------------------------------------------
Estimate: low Estimate: high Estimate: low Estimate: high
----------------------------------------------------------------------------------------------------------------
Total Annual Costs (See Figure 3):
Carbon Monoxide Detector Requirement........ $258,000 $1,032,000 $258,000 $1,032,000
Water heater relief valves.................. 1,352,400 1,932,000 1,352,400 1,932,000
Wet-vented drains........................... 483,000 772,800 483,000 772,800
Separate Bathroom Light Switches............ 96,600 425,040 96,600 425,040
---------------------------------------------------------------
Total................................... 2,190,000 4,161,840 2,190,000 4,161,840
Present Value of Benefits
Carbon Monoxide Detector Requirement (See Figure
4):
Value of Injuries Prevented................. 166,818 166,818 142,688 142,688
Value of Deaths Prevented................... 8,908,186 8,908,186 7,619,651 7,619,651
Wet-vented drains (See Figure 7)................ 483,000 772,800 483,000 772,800
Separate Bathroom Light Switches (See Figure 5). 326,796 2,614,366 214,929 1,719,434
Deregulatory (See Figure 6):
Whole-House Ventilation..................... 3,540 3,540 3,540 3,540
2-Story Homes............................... 12,640 12,640 12,640 12,640
Attached Garages............................ 38,836 38,836 38,836 38,836
---------------------------------------------------------------
Total................................... 9,939,816 12,517,187 8,515,285 10,309,589
----------------------------------------------------------------------------------------------------------------
[[Page 2515]]
A fuller discussion of the costs and benefits of this rule is
available in the rule's Regulatory Impact Analysis, which is part of
this docket.
Finally, any changes made to the rule subsequent to its submission
to OMB are identified in the docket file, which is available for public
inspection in the Regulations Division, Room 10276, Office of General
Counsel, U.S. Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410-0500.
Paperwork Reduction Act
The information collection requirements contained in this proposed
rule have been approved by the OMB under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2502-0253.
HUD expects to make changes to the existing recordkeeping items
consistent with changes in this final rule and believes that the
changes will result in a decrease of burden. In accordance with the
Paperwork Reduction Act, an agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless the collection displays a valid control number.
The burden of information collection addressed in this final rule
is estimated as follows for those aspects that would continue to
require AC requests and does not include burdens for past AC requests
related to carport-ready homes, garage-ready homes, homes that exceed
2,571 square feet (whole house ventilation), and two-story homes:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Responses per Burden hours Annual burden Hourly cost
Information collection respondents response annum per response hours per response Annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturers Records:
Sec. 3282.14 Alternative 135 0.75 101 2.5 253 $33.57 $8,493.21
Construction Submissions...........
IPIA Records:
Sec. 3282.14 Alternative 12 14 168 2.0 336 33.57 11,279.52
Construction Submission Concurrence
Records and Reporting..............
DAPIA Records:
Sec. 3282.203/361/364 Design 6 28 168 1.0 168 33.57 5,639.76
Review Records and Reporting.......
---------------------------------------------------------------------------------------------------------------
Total........................... 153 .............. 569 .............. 757 .............. 25,412.49
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments, and the private sector. This rule will not impose any
Federal mandates on any state, local, or tribal 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, Room 10276, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20410-0500. The Finding of No
Significant Impact will also be available for review in the docket for
this rule on Regulations.gov.
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 will not have a
significant economic impact on a substantial number of small entities.
It is HUD's position that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
This proposed rule would regulate establishments primarily engaged in
making manufactured homes (NAICS 32991). The U.S. Small Business
Administration's size standards define an establishment primarily
engaged in making manufactured homes as small if it does not exceed
1,250 employees. Of the 222 firms included under this NAICS definition,
approximately 35 produce manufactured homes subject to HUD's
Manufactured Housing Construction and Safety Standards. Other entities
covered by this NAICS code build non-HUD Code prefabricated buildings.
Of the 35 manufacturers subject to HUD's Manufactured Housing
Construction and Safety Standards, 31 are considered to be small
businesses based on the threshold of 1,250 employees or less. The final
rule applies to all the manufacturers and thus would affect a
substantial number of small entities.
Small entities have the ability and capability to offer the same
type of housing products with the same or similar options, features,
and appliances as larger manufacturers. However, smaller manufacturers
have more difficulty spreading regulatory costs over the higher
production of homes like that of a large, higher producing
manufacturer. Small manufacturers would need to bear the costs,
reducing profit margins accordingly or passing-through the costs over
lower production amounts. This may disproportionally increase the cost
of housing products for small manufacturers considering the same or
similar options, features, and appliances. This rule, however, would
provide small manufacturers greater flexibility to pursue design
options and, more importantly, obtain cost savings resulting from the
elimination of the need to obtain HUD approval through the AC process
(see Sec. 3282.14). More specifically, small manufacturers are more
likely to engage engineering consultants and other non-staff
[[Page 2516]]
resources in order to provide data and information needed for the AC
process. Consequently, small manufacturers would benefit most from this
rule's provisions that eliminate the AC process for design and
construction of manufactured homes that incorporate innovations that
have not yet been codified in HUD's Construction and Safety Standards.
Additionally, the elimination of these current regulatory costs may
provide small manufacturers the opportunity to pursue design and
construction innovations that absent the rule would have been too
costly to pursue.
For the reasons stated, a substantial number of small manufacturers
with fewer than 1,250 employees will be affected by this rule.
Nevertheless, HUD anticipates that the rule will not have a significant
economic impact on them. Accordingly, the undersigned certifies that
this rule would not have a significant economic impact on a substantial
number of small entities.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits, to the
extent practicable and permitted by law, an agency from promulgating a
regulation that has federalism implications and either imposes
substantial direct compliance costs on state and local governments and
is not required by statute, or preempts state law, unless the relevant
requirements of section 6 of the Executive order are met. This rule
does not have federalism implications and does not impose substantial
direct compliance costs on state and local governments or preempt state
law within the meaning of the Executive order.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number for Manufactured
Housing Construction and Safety Standards is 14.171.
List of Subjects
24 CFR Part 3280
Fire prevention, Housing standards, Incorporation by reference.
24 CFR Part 3282
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Investigations, Manufactured homes,
Reporting and recordkeeping requirements, Warranties.
24 CFR Part 3285
Housing standards, Manufactured homes.
Accordingly, for the reasons described in the preamble, HUD amends
24 CFR parts 3280, 3282, and 3285 to read as follows:
PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
0
1. The authority citation for part 3280 continues to read as follows:
Authority: 15 U.S.C. 2697, 42 U.S.C. 3535(d), 5403, and 5424.
0
2. In Sec. 3280.2, add in alphabetical order a definition for
``Attached accessory building or structure'' to read as follows:
Sec. 3280.2 Definitions.
* * * * *
Attached accessory building or structure means any awning, cabana,
deck, ramada, storage cabinet, carport, windbreak, garage or porch for
which the attachment of such is designed by the home manufacturer to be
structurally supported by the manufactured home.
* * * * *
0
3. Revise Sec. 3280.3 to read as follows:
Sec. 3280.3 Manufactured home procedural and enforcement regulations,
and consumer manual requirements.
(a) A manufacturer must comply with the requirements of this part,
part 3282 of this chapter, and 42 U.S.C. 5416.
(b) Consumer manuals must be in accordance with Sec. 3282.207 of
this chapter.
0
4. Amend Sec. 3280.4 as follows:
0
a. Revise paragraph (a);
0
b. Add paragraph (m)(2);
0
c. In the introductory text to paragraph (p), remove the words
``American Society for Testing and Materials'' and add, in their place,
``ASTM, International'';
0
d. Redesignate paragraphs (p)(27) through (34) as paragraphs (p)(28)
through (35), respectively, and add new paragraph (p)(27);
0
e. Redesignate paragraphs (aa)(4)(xvi) through (xix) as paragraphs
(aa)(4)(xvii) through (xx), respectively, and add new paragraph
(aa)(4)(xvi); and
0
f. Add paragraph (aa)(9);
0
g. In paragraph (hh)(9), remove ``Sec. 3280.208(a)'' and add, in its
place, ``Sec. Sec. 3280.208(a) and 3280.211(a)''; and
0
h. Add paragraph (hh)(23).
The revision and additions read as follows:
Sec. 3280.4 Incorporation by reference.
(a) The specifications, standards, and codes of the following
organizations are incorporated by reference in 24 CFR part 3280 (this
Standard) pursuant to 5 U.S.C. 552(a) and 1 CFR part 51 as though set
forth in full. The incorporation by reference of these standards has
been approved by the Director of the Federal Register. If a later
edition is to be enforced, the Department will publish a notification
of change in the Federal Register. These incorporated standards are
available for purchase from the organization that developed the
standard at the corresponding addresses noted below. Incorporated
standards are available for inspection at the Office of Manufactured
Housing Program, Manufactured Housing and Construction Standards
Division, U.S. Department of Housing and Urban Development, 451 Seventh
Street SW, Room B-133, Washington, DC 20410, email [email protected]. Copies
of incorporated standards that are not available from their producer
organizations may be obtained from the Office of Manufactured Housing
Programs. These standards are also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, email [email protected]
or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
(m) * * *
(2) ANSI/ASHRAE 62.2-2010, Ventilation and Acceptable Indoor Air
Quality in Low-Rise Residential Buildings, copyright 2010 IBR approved
for Sec. 3280.103(d).
* * * * *
(p) * * *
(27) ASTM E 119-05, Standard Test Methods for Fire Tests of
Building Construction and Materials, approved September 15, 2005, IBR
approved for Sec. 3280.1003(a).
* * * * *
(aa) * * *
(4) * * *
(xvi) Article 550.17, IBR approved for Sec. 3280.810(b).
* * * * *
(9) NFPA 720, Standard for Installation of Carbon Monoxide (CO)
Detection and Warning Equipment, 2015 Edition, Copyright 2014, IBR
approved for Sec. 3280.211(b).
* * * * *
(hh) * * *
(23) ANSI/UL 2034-2016, Standard for Single and Multiple Station
Carbon Monoxide Alarms, Third Edition, dated February 28, 2008
(including revisions through May 11, 2016), IBR approved for Sec.
3280.211(a).
* * * * *
0
5. In Sec. 3280.5, redesignate paragraphs (d) through (i) as
paragraphs (e) through
[[Page 2517]]
(j), respectively, and add new paragraph (d) to read as follows:
Sec. 3280.5 Data plate.
* * * * *
(d) The applicable statement:
This manufactured home IS designed to accommodate the additional
loads imposed by the attachment of an attached accessory building or
structure in accordance with the manufacturer installation
instructions. The additional loads are in accordance with the design
load(s) identified on this Data Plate; or
This manufactured home IS NOT designed to accommodate the
additional loads imposed by the attachment of an attached accessory
building or structure in accordance with the manufacturer installation
instructions.
* * * * *
0
6. In Sec. 3280.11, revise paragraph (d) to read as follows:
Sec. 3280.11 Certification label.
* * * * *
(d) The label must be located at the taillight end of each
transportable section of the manufactured home approximately 1 foot up
from the floor and 1 foot in from the road side, or as near that
location on a permanent part of the exterior of the manufactured home
section as practicable. The road side is the right side of the
manufactured home when one views the manufactured home from the tow bar
end of the manufactured home. If locating the label on the taillight
end of a transportable section will prevent the label from being
visible after the manufactured home section is installed at the
installation site, the label must be installed on a permanent part of
the exterior of the manufactured home section, in a visible location as
specified in the approved design.
0
7. In Sec. 3280.103, revise paragraph (b) introductory text and add
paragraph (d) to read as follows:
Sec. 3280.103 Light and ventilation.
* * * * *
(b) Whole-house ventilation. Each manufactured home must be
provided with whole-house ventilation having a minimum capacity of
0.035 ft\3\/min/ft\2\ of interior floor space or its hourly average
equivalent. This ventilation capacity must be in addition to any
openable window area. In no case shall the installed ventilation
capacity of the system be less than 50 cfm. The following criteria must
be adhered to:
* * * * *
(d) Optional ventilation provisions. As an option to complying with
the provisions of paragraphs (b) and (c) of this section, ventilation
systems complying with ANSI/ASHRAE Standard 62.2 (incorporated by
reference, see Sec. 3280.4) may be used.
0
8. In Sec. 3280.108, add paragraph (c) to read as follows:
Sec. 3280.108 Interior passage.
* * * * *
(c) All interior swinging doors must have a minimum clear opening
of 27 inches except doors to toilet compartments in single-section
homes (see Sec. 3280.111(b)), and doors to closets and pantries.
0
9. Revise Sec. 3280.111 to read as follows:
Sec. 3280.111 Toilet compartments.
(a) Each toilet compartment must be a minimum of 30 inches wide,
except, when the toilet is located adjacent to the short dimension of
the tub, the distance from the tub, to the center line of the toilet
must not be less than 12 inches. At least 21 inches of clear space must
be provided in front of each toilet.
(b) All bathroom passage doors in single-section homes must have a
minimum clear opening width of 23 inches, and bathroom passage doors in
multi-section homes must have a minimum clear opening width of 27
inches.
0
10. In Sec. 3280.113, redesignate paragraphs (b), (c), and (d) as
paragraphs (c), (d), and (e), respectively, and add paragraph (b) to
read as follows:
Sec. 3280.113 Glass and glazed openings.
* * * * *
(b) Required glazed openings shall be permitted to face into a
roofed porch where the porch abuts a street, yard, or court and the
longer side of the porch is at least 65 percent open and unobstructed
and the ceiling height is not less than 7 feet.
* * * * *
0
11. Add Sec. 3280.114 to read as follows:
Sec. 3280.114 Stairways.
(a) Stairways--(1) General. These minimum standards apply to
stairways that are designed and constructed as part of the factory-
completed transportable section(s) of a manufactured home, such as
interior stairways for multi-level or multi-story homes or external
stairways for multi-level construction features that are designed and
constructed in the factory on a transportable section and integral to
the access and egress needs within the transportable section(s) of a
home. These standards do not apply to exterior stairways that are built
at the home site or stairways to basement areas that are not designed
and built as part of a transportable section of a manufactured home.
(2) Width. Stairways must not be less than 36 inches in clear width
at all points above permitted handrail height and below the required
headroom height. Handrails must not project more than 4\1/2\ inches on
either side of the stairway and the minimum clear width of the stairway
at and below the handrail height, including treads and landings, must
not be less than 31\1/2\ inches where a handrail is installed on one
side and 27 inches where handrails are provided on both sides.
(3) Stair treads and risers--(i) Riser height and tread depth. The
maximum riser height must not exceed 8\1/4\ inches and the minimum
tread depth must not be less than 9 inches. The riser height must be
measured vertically between leading edges of the adjacent treads. The
tread depth must be measured horizontally between the vertical planes
of the foremost projection of adjacent treads and at a right angle to
the tread's leading edge. The walking surface of treads and landings of
a stairway must be sloped no steeper than one unit vertical in 48 units
horizontal (a 2-percent slope). The greatest riser height within any
flight of stairs must not exceed the smallest by more than \3/8\ inch.
The greatest tread depth within any flight of stairs must not exceed
the smallest by more than \3/8\ inch.
(ii) Profile. The radius of curvature at the leading edge of the
tread must not be greater than \9/16\ inch. A nosing not less than \3/
4\ inch but not more than 1\1/4\ inches shall be provided on stairways
with solid risers. The greatest nosing projection must not exceed the
smallest nosing projection by more than \3/4\ inch between two stories,
including the nosing at the level of floors and landings. Beveling of
nosing must not exceed \1/2\ inch. Risers must be vertical or sloped
from the underside of the leading edge of the tread above at an angle
not more than 30 degrees from the vertical. Open risers are permitted,
provided that the opening between treads does not permit the passage of
a 4-inch diameter sphere. A nosing is not required where the tread
depth is a minimum of 11 inches. The opening between adjacent treads is
not limited on stairs with a total rise of 30 inches or less.
(4) Headroom. The minimum headroom in all parts of the stairway
must not be less than 6 feet 8 inches, measured vertically from the
sloped plane adjoining the tread nosing or from the floor surface of
the landing or platform.
[[Page 2518]]
(5) Winders (winding stairways). Winders are permitted, provided
that the width of the tread at a point not more than 12 inches from the
side where the treads are narrower is not less than 10 inches and the
minimum width of any tread is not less than 6 inches. Within any flight
of stairs, the greatest winder tread depth at the 12-inch walk line
must not exceed the smallest by more than \3/8\ inch. The continuous
handrail required by paragraph (c)(3) of this section must be located
on the side where the tread is narrower.
(6) Spiral stairways. Spiral stairways are permitted provided the
minimum width is a minimum 26 inches with each tread having 7\1/2\ inch
minimum tread width at 12 inches from the narrow edge. All treads must
be identical, and the rise must be no more than 9\1/2\ inches. Minimum
headroom of 6 feet, 6 inches must be provided.
(7) Circular stairways. Circular stairways must have a tread depth
at a point not more than 12 inches from the side where the treads are
narrower of not less than 11 inches and the minimum depth of any tread
must not be less than 6 inches. Tread depth at any walking line,
measured a consistent distance from a side of the stairway, must be
uniform as specified in paragraph (a)(2)(i) of this section.
(b) Landings. Every landing must have a minimum dimension of 36
inches measured in the direction of travel. Landings must be located as
follows:
(1) There must be a floor or landing at the top and bottom of each
stairway, except at the top of an interior flight of basement stairs,
provided a door does not swing over the stairs.
(2) A landing or floor must be located on each side of an interior
doorway and exterior doorway, to the extent the external stairway is
designed by the home manufacturer and constructed in the factory, and
the width of each landing must not be less than the door it serves. The
maximum threshold height above the floor or landing must be 1\1/2\-
inches.
(c) Handrails--(1) General. A minimum of one handrail meeting the
requirements of this section must be installed on all stairways
consisting of four or more risers. Handrails must be securely attached
to structural framing members. A minimum space of 1\1/2\ inches must be
provided between the adjoining wall surface and the handrail.
(2) Handrail height. Handrails must be installed between 34 inches
and 38 inches measured vertically from the leading edge of the stairway
treads except that handrails installed up to 42 inches high must be
permitted if serving as the upper rails of guards required by paragraph
(d) of this section.
(3) Continuity. Required handrails must be continuous from a point
directly above the leading edge of the lowest stair tread to a point
directly above the leading edge of the landing or floor surface at the
top of the stairway. If the handrail is extended at the top of the
stairway flight, the extension must parallel the floor or landing
surface and must be at the same height as the handrail above the
leading edges of the treads. If the handrail is extended at the base of
the stair, it must continue to slope parallel to the stair flight for a
distance of one tread depth, measured horizontally, before being
terminated or returned or extended horizontally. The ends of handrails
must return into a wall or terminate in a safety terminal or newel
post.
(4) Graspability. Required handrails must, if circular in cross
section, have a minimum 1\1/4\-inch and a maximum 2-inch diameter
dimension. Handrails with a noncircular cross section must have a
perimeter dimension of at least 4 inches and not more than 6\1/4\
inches (with a maximum cross-section dimension of not more than 2\1/4\
inches). The handgrip portion of the handrail must have a smooth
surface. Edges must have a minimum \1/8\-inch radius. Handrails must be
continuously graspable along their entire length except that brackets
or balusters are not considered obstructions to graspability if they do
not project horizontally beyond the sides of the handrail within 1\1/2\
inches of the bottom of the handrail.
(5) Required resistance of handrails. Handrails must be designed to
resist a load of 20 lb./ft applied in any direction at the top and to
transfer this load through the supports to the structure. All handrails
must be able to resist a single concentrated load of 200 lbs., applied
in any direction at any point along the top, and have attachment
devices and supporting structures to transfer this loading to
appropriate structural elements of the building. This load is not
required to be assumed to act concurrently with the loads specified in
this section.
(d) Guards. (1) Porches, balconies, or raised floor surfaces
located more than 30 inches above the floor or grade below must have
guards not less than 36 inches in height. Open sides of stairs with a
total rise of more than 30 inches above the floor or grade below must
have guards not less than 34 inches in height measured vertically from
the nosing of the treads. Balconies and porches on the second floor or
higher must have guards a minimum of 42 inches in height.
(2) Required guards on open sides of stairways, raised floor areas,
balconies, and porches must have intermediate rails or ornamental
closures that do not allow passage of a sphere 4 inches in diameter.
(i) The triangular openings formed by the riser, tread and bottom
rail of a guard at the open side of the stairway must be of such a size
that a sphere of 6 inches cannot pass through.
(ii) Guard systems must be designed to resist a load of 20 lb./ft
applied in any direction at the top and to transfer this load through
the supports to the structure. All guard systems must be able to resist
a single concentrated load of 200 lb., applied in any direction at any
point along the top and have attachment devices and supporting
structures to transfer this loading to appropriate structural elements
of the building. This load is not required to be assumed to act
concurrently with the loads specified in this section.
(e) Stairway illumination. All interior and exterior stairways must
be provided with a means to illuminate the stairways, including the
landings and treads.
(1) Interior stairways must be provided with an artificial light
source located in the immediate vicinity of each landing of the
stairway. For interior stairs, the artificial light sources must be
capable of illuminating treads and landings to levels not less than one
(1) foot-candle measured at the center of treads and landings. The
control and activation of the required interior stairway lighting must
be accessible at the top and bottom of each stairway without traversing
any steps.
(2) Exterior stairways designed by the home manufacturer and
constructed in the factory must be provided with an artificial light
source located in the immediate vicinity of the top landing of the
stairway. An artificial light source is not required at the top and
bottom landing, provided an artificial light source is located directly
over each stairway section. The illumination of exterior stairways must
be controlled from inside the home.
0
12. Amend Sec. 3280.209 by
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (b) through (f) as paragraphs (c) through
(g); and
0
c. Adding a new paragraph (b).
The addition and revision read as follows:
Sec. 3280.209 Smoke Alarm Requirements.
(a) Labeling. Each smoke alarm required under paragraph (b) of this
section must conform with the requirements of UL 217 (incorporated
[[Page 2519]]
by reference, see Sec. 3280.4), or ANSI/UL 268 (incorporated by
reference, see Sec. 3280.4), and must bear a label to evidence
conformance. Combination smoke and carbon monoxide alarms shall be
listed and must bear a label to evidence conformance with UL 217 and
ANSI/UL 2034.
(b) Combination alarms. Combination smoke and carbon monoxide
alarms shall be permitted to be used in lieu of smoke alarms. If
installed, such alarms must meet location requirements for both smoke
alarms and carbon monoxide alarms.
* * * * *
0
13. Add Sec. 3280.211 to read as follows:
Sec. 3280.211 Carbon monoxide alarm requirements.
(a) Labeling. Carbon monoxide alarms shall be listed and must bear
a label to evidence conformance with ANSI/UL 2034 (incorporated by
reference, see Sec. 3280.4). Combination carbon monoxide and smoke
alarms shall be listed and must bear a label to evidence conformance
with ANSI/UL 2034 and UL 217 (incorporated by reference, see Sec.
3280.4).
(b) Required carbon monoxide alarm locations. Carbon monoxide
alarms must be installed in each home containing either a fuel burning
appliance or designed by the home manufacturer to include an attached
garage. Carbon monoxide alarms must be installed outside of each
separate sleeping area in the immediate vicinity of the bedrooms and in
accordance with the alarm manufacturer's installation instructions.
Where a fuel[hyphen]burning appliance is located within a bedroom or
its attached bathroom, a carbon monoxide alarm must be installed within
the bedroom and in accordance with the manufacturer's installation
instructions. Carbon monoxide alarms must be installed in conformance
with NFPA 720 (incorporated by reference, see Sec. 3280.4).
(c) Interconnectivity. Where more than one carbon monoxide alarm is
required to be installed, the alarm devices shall be interconnected in
such a manner that the actuation of one alarm will activate all the
alarms installed.
(d) Connection to power source. Each carbon monoxide alarm must be
powered from the electrical system of the home as the primary power
source and a battery as a secondary power source.
(e) Combination alarms. Combination carbon monoxide and smoke
alarms shall be permitted to be used in lieu of carbon monoxide alarms.
When combination carbon monoxide and smoke alarms are used, they shall
be installed to also comply with Sec. 3280.209.
(f) Basement applications. For each home designed to be placed over
a basement, the manufacturer must provide a carbon monoxide alarm for
the basement and must install the electrical junction box for the
installation of this carbon monoxide alarm for its interconnection with
other alarms required by this section.
(g) Testing. Each required carbon monoxide alarm installed at the
factory must be operationally tested, after conducting the dielectric
test specified in Sec. 3280.810(a), in accordance with the alarm
manufacturer's instructions. A carbon monoxide alarm that does not
function as designed during the test and is not satisfactorily repaired
so that it functions properly in the next retest must be replaced. Any
replacement carbon monoxide alarm must be successfully tested in
accordance with this section.
0
14. Add Sec. 3280.212 to read as follows:
Sec. 3280.212 Factory constructed or site-built attached garages.
(a) When a manufactured home is designed for factory construction
with an attached garage or is designed for construction of an attached
site-built garage that is not self[hyphen]supported, the manufacturer
must design the manufactured home to accommodate all appropriate live
and dead loads from the attached garage structure that will be
transferred through the manufactured home structure to the home's
support and anchoring systems.
(b) The design must specify the following home and garage
characteristics including maximum width, maximum sidewall height,
maximum roof slope, live and dead loads, and other design limitations
or restrictions using loads provided by this Code.
(c) When a manufactured home is factory constructed with an
attached garage or is constructed for the attachment of a site-built
garage, provisions must be made to provide fire separation between the
garage and the manufactured home.
(1) The garage must be separated from the manufactured home and its
attic by not less than \1/2\-inch gypsum board or equivalent applied to
the garage side of the manufactured home, separation shall be from the
underside of the floor to the underside of the roof deck and may be
provided on-site as part of an On Site Completion of Construction
approval. Garages beneath habitable rooms must be separated from all
habitable rooms by \5/8\-inch, Type X gypsum board or equivalent. Where
the separation is a floor ceiling assembly, the structure supporting
the separation must also be protected by not less than \1/2\-inch
gypsum board or equivalent. The design approval and the manufacturer's
installation instructions must also include provision for equivalent
vertical or horizontal separation between the garage and the
manufactured home as appropriate.
(2) [Reserved]
(d) Openings from a garage directly into a room designated for
sleeping purposes are not permitted.
(e) Other openings between the garage and the manufactured home
must:
(1) Be equipped with solid wood doors not less than 1\3/8\ inch in
thickness, or solid or honeycomb steel doors not less than 1\3/8\ inch
in thickness, or 20-minute fire-rated doors, and all doors shall be of
the self-closing type; and
(2) Be in addition to the two exterior doors required by Sec.
3280.105.
(f) Ducts penetrating the walls or ceilings separating the
manufactured home from the garage must be constructed of a minimum No.
26 gauge steel or other approved material and must have no openings
into the garage.
(g) Installation instructions shall be provided by the home
manufacturer that, in addition to addressing the fire separation as
required in this section, shall identify acceptable attachment
locations, indicate design limitations for the attachment of the garage
including acceptable live and dead loads for which the home has been
designed to accommodate, and provide support and anchorage designs as
necessary to transfer all imposed loads to the ground in accordance
with Sec. Sec. 3285.301 and 3285.401 of this chapter.
(h) A site[hyphen]built, self[hyphen]supported garage is considered
an add[hyphen]on, per 3282.8(j)(1), that does not affect the ability of
the manufactured home to comply with the Construction and Safety
Standards. The design and construction of the garage is subject to
state and or local authorities having jurisdiction.
0
15. Add Sec. 3280.213 to read as follows:
Sec. 3280.213 Factory constructed or site-built attached carports.
(a) When a manufactured home is designed for factory construction
with an attached carport or is designed for construction of an attached
site-built carport, the manufacturer must design the manufactured home
to accommodate all appropriate live and dead loads from the attached
carport structure that will be transferred through the manufactured
home
[[Page 2520]]
structure to the home's support and anchoring systems.
(b) The design, including the home's installation instructions,
must specify the following home and carport characteristics including
maximum width, maximum sidewall height, live and dead loads, and other
design limitations or restrictions.
(1) Alternatively, the manufacturer may provide, by design and home
installation instructions, the maximum live and dead loads, and the
applied loading locations, that the home is designed to resist from the
carport, and other design limitations or restrictions.
(2) [Reserved].
(c) Homes may be designed with a factory-installed host beam (i.e.,
ledger board) or specific roof truss rail for the attachment of the
carport to the exterior wall of the home. The host beam (i.e., ledger
board) must be designed to transmit the appropriate live and dead loads
at the interface between the carport and the manufactured home. In
cases where the carport is designed to be supported by the roof truss
overhang, the roof trusses must be designed to support the additional
live and dead loads from the carport.
(1) Any portion of the host beam (i.e., ledger board) and all
fasteners exposed to the weather shall be protected in accordance with
Sec. 3280.307.
(2) [Reserved].
(d) To ensure that the attachment of the carport does not interfere
with roof or attic ventilation, the manufacturer must provide specific
instructions to ensure continued compliance with the manufactured home
roof or attic ventilation requirements in accordance with Sec.
3280.504(d).
(e) Installation instructions shall be provided by the home
manufacturer that identify acceptable attachment locations, indicate
design limitations for the attachment of the carport including
acceptable live and dead loads for which the home has been designed to
accommodate, and provide support and anchorage designs as necessary to
transfer all imposed loads to the ground in accordance with Sec. Sec.
3285.301 and 3285.401 of this chapter.
(1) The manufacturer must ensure that any anchoring system designs
incorporating anchorage to resist combined shear wall and carport
uplift loads are evaluated for adequacy to resist the combined loads,
taking into consideration the limitations of the ground anchor test and
certification.
(2) [Reserved].
(f) A site[hyphen]built, self[hyphen]supported carport is
considered an add[hyphen]on, as provided by Sec. 3282.8(j)(1), that
does not affect the ability of the manufactured home to comply with the
standards. The design and construction of the carport is subject to
state and or local authorities having jurisdiction.
0
16. In Sec. 3280.305, revise paragraphs (a), (e)(1), (g)(6), and
(h)(5) to read as follows:
Sec. 3280.305 Structural design requirements.
(a) General. Each manufactured home must be designed and
constructed as a completely integrated structure capable of sustaining
the design load requirements of this part and must be capable of
transmitting these loads to stabilizing devices without exceeding the
allowable stresses or deflections. Roof framing must be securely
fastened to wall framing, walls to floor structure, and floor structure
to chassis to secure and maintain continuity between the floor and
chassis, so as to resist wind overturning, uplift, and sliding as
imposed by design loads in this part. In multistory construction, each
story must be securely fastened to the story above and/or below to
provide continuity and resist design loads in this part. Uncompressed
finished flooring greater than \1/8\ inch in thickness must not extend
beneath load-bearing walls that are fastened to the floor structure.
* * * * *
(e) * * *
(1) Roof framing must be securely fastened to wall framing, walls
to floor structure, and floor structure to chassis, to secure and
maintain continuity between the floor and chassis in order to resist
wind overturning, uplift, and sliding, and to provide continuous load
paths for these forces to the foundation or anchorage system. The
number and type of fasteners used must be capable of transferring all
forces between elements being joined. In multistory construction, each
story must be securely fastened to the story above and/or below to
provide continuity and resist design loads in this section.
* * * * *
(g) * * *
(6) Bottom board material (with or without patches) must meet or
exceed the level of 48 inch-pounds of puncture resistance as tested by
the Beach Puncture Test in accordance with Standard Test Methods for
Puncture and Stiffness of Paperboard, and Corrugated and Solid
Fiberboard, ASTM D781-1968 (Reapproved 1973) (incorporated by
reference, see Sec. 3280.4). The material must be suitable for patches
and the patch life must be equivalent to the material life. Patch
installation instruction must be included in the manufactured home
manufacturer's instructions. The bottom board material must be tight
fitted against all penetrations.
(h) * * *
(5) Portions of roof assemblies, including, but not limited to,
dormers, gables, crickets, hinged roof sections, sheathing, roof
coverings, underlayments, flashings, and eaves and overhangs are
permitted to be assembled and installed on site in accordance with 24
CFR part 3282, subpart M, provided that the requirements in paragraphs
(h)(5)(i) through (v) of this section are met.
(i) Approved installation instructions must be provided that
include requirements for the following items:
(A) Materials, installation, and structural connections complying
with this section;
(B) Installation and fastening of sheathing and roof coverings;
(C) Installation of appliance vent systems in accordance with Sec.
3280.710;
(D) Installation of plumbing vents as required by Sec. 3280.611;
and
(E) Installation of attic ventilation in accordance with Sec.
3280.504(c).
(ii) The installation instructions specified in paragraph (h)(5)(i)
of this section must include drawings, details, and instructions as
necessary to assure that the on-site work complies with the approved
design.
(iii) The installation instructions specified in paragraph
(h)(5)(i) of this section must provide for inspection of the work at
the installation site. As necessary to ensure conformance, inspection
panels may be required, or inspections may need to occur in stages that
assure inspections are performed before any work is concealed. Such
inspection procedures shall be addressed in the approved installation
instructions.
(iv) Temporary weather protection must be provided per Sec.
3280.307(e).
* * * * *
0
17. Amend Sec. 3280.307 by adding paragraph (e) to read as follows:
Sec. 3280.307 Resistance to elements and use.
* * * * *
(e) Multi-section and attached manufactured homes (see subpart K of
this part) are not required to comply with the factory installation of
weather-resistant exterior finishes for those areas left open for field
connection of the sections provided the following conditions are
satisfied:
(1) Temporary weather protection for exposed, unprotected
construction is provided in accordance with methods to be included in
the approved design.
[[Page 2521]]
(2) Methods for on-site completion and finishing of these elements
are included in the approved design.
(3) Complete installation instructions and the required materials
for finishing these elements are provided.
0
18. In Sec. 3280.504, add paragraph (a)(3) and revise paragraph (b)
introductory text to read as follows:
Sec. 3280.504 Condensation control and installation of vapor
retarders.
(a) * * *
(3) In multi-story manufactured homes, the ceiling vapor retarder
is permitted to be omitted when the story directly above is part of the
same manufactured home.
(b) Exterior walls. Exterior walls must be provided with a system
or method to manage moisture and vapor accumulation with one of the
elements in paragraphs (b)(1) through (4) of this section. For purposes
of the requirement in this paragraph (b), the fire separation wall
between each attached manufactured home must be considered to be an
exterior wall. See subpart K of this part
* * * * *
0
19. Amend Sec. 3280.506 as follows:
0
a. Redesignate paragraphs (a), (b), and (c) as paragraphs (b), (c), and
(d), respectively;
0
b. Designate the introductory text as paragraph (a);
0
c. In newly designated paragraph (a):
0
i. Remove ``of this subpart;''
0
ii. Remove ``figure 506'' and add ``figure 1 to this paragraph (a)'' in
its place; and
0
iii. Add a heading for the figure.
0
d. In newly redesignated paragraph (b):
0
i. Remove the heading;
0
ii. Add a comma between ``ventilation'' and ``and;''
0
iii. Remove ``below'' and add ``in the table to this paragraph (b)'' in
its place; and
0
iv. Add a heading for the table; and
0
e. Revise newly redesignated paragraph (c).
The revisions and additions to read as follows:
Sec. 3280.506 Heat loss/heat gain.
(a) * * *
Figure 1 to Paragraph (a)
(b) * * *
Table 1 to Paragraph (b)
* * * * *
(c) To assure uniform heat transmission in manufactured homes,
cavities in exterior walls, floors, and ceilings must be provided with
thermal insulation. For insulation purposes, the fire separation wall
between each single family attached manufactured home shall be
considered an exterior wall (see subpart K of this part).
* * * * *
0
20. In Sec. 3280.602, add alphabetically the definition for ``Indirect
waste receptor'' to read as follows:
Sec. 3280.602 Definitions.
* * * * *
Indirect waste receptor means a receptor that receives a discharge
waste pipe that is not directly connected to a receptor but maintains a
suitable air gap between the end of the pipe and the top of the drain.
* * * * *
0
21. In Sec. 3280.608, revise paragraph (b) to read as follows:
Sec. 3280.608 Hangers and supports.
* * * * *
(b) Piping supports. Piping must be secured at sufficiently close
intervals to keep the pipe in alignment and carry the weight of the
pipe and contents. Unless otherwise stated in the standards
incorporated by reference for specific materials at Sec. 3280.604(a),
or unless specified by the pipe manufacturer, horizontal plastic
drainage piping must be supported at intervals not to exceed 4 feet and
horizontal plastic water piping must be supported at intervals not to
exceed 3 feet. Vertical drainage and water piping must be supported at
each story height.
* * * * *
0
22. In Sec. 3280.609, revise paragraph (c)(1)(iii) and add paragraph
(c)(1)(iv) to read as follows:
Sec. 3280.609 Water distribution systems.
* * * * *
(c) * * *
(1) * * *
(iii) Relief valves must be provided with full-sized drains, with
cross sectional areas equivalent to that of the relief valve outlet.
The outlet of a pressure relief valve, temperature relief valve, or
combination thereof, must not be directly connected to the drainage
system. The discharge from the relief valve must be piped full size
separately to the exterior of the manufactured home, not underneath the
home, or to an indirect waste receptor located inside the manufactured
home. Exterior relief drains shall be directed down and shall terminate
between 6'' and 24'' above finished grade. Drain lines must be of a
material listed for hot water distribution and must drain fully by
gravity, must not be trapped, and must not have their outlets threaded,
and the end of the drain must be visible for inspection.
(iv) Relief valve piping designed to be located underneath the
manufactured home is not required to be installed at the factory
provided the manufacturer designs the system for site assembly and also
provides all materials and components including piping, fittings,
cement, supports, and instructions for proper site installation.
* * * * *
0
23. In Sec. 3280.610, add headings to paragraphs (c)(1) and (4) and
revise paragraph (c)(5) to read as follows:
Sec. 3280.610 Drainage systems.
* * * * *
(c) * * * (1) General. * * *
* * * * *
(4) Size Requirement. * * *
(5) Preassembly of drain lines. Section(s) of the drain system,
designed to be located underneath the manufactured home or between
stories of the manufactured home, are not required to be factory
installed when the manufacturer designs the system for site assembly
and also provides all materials and components, including piping,
fittings, cement, supports, and instructions necessary for proper site
installation.
* * * * *
0
24. Amend Sec. 3280.611 as follows:
0
a. Remove the comma at the end of paragraph (c)(1)(i) and add a
semicolon in its place; and
0
b. Revise paragraph (c)(1)(ii).
The revisions to read as follows:
Sec. 3280.611 Vents and venting.
* * * * *
(c) * * *
(1) * * *
(ii) A 1\1/2\-inch diameter (min.) continuous vent or equivalent,
indirectly connected to the toilet drain piping within the distance
allowed in paragraph (c)(5) of this section for 3 inch trap arms
through a 2-inch wet vented drain that carries the waste of not more
than one fixture. Sections of the wet vented drain that are 3 inches in
diameter are permitted to carry the waste of an unlimited number of
fixtures; or
* * * * *
0
25. In Sec. 3280.612, amend paragraph (a) to read as follows:
Sec. 3280.612 Tests and inspection.
(a) Water system. All water piping in the water distribution system
must be subjected to a pressure test. The test must be made by
subjecting the system to air or water at 80 psi + or - 5 psi for 15
minutes without loss of pressure.
[[Page 2522]]
The water used for the test must be obtained from a potable water
source.
* * * * *
0
26. Amend Sec. 3280.705 by:
0
a. Revising paragraph (c)(1);
0
b. In paragraph (j), removing ``shall'' and add in its place ``must''
wherever it appears;
0
c. Revising paragraphs (k), (l)(7), and (l)(8)(i); and
0
d. Adding paragraph (l)(8)(iii).
The revisions and addition to read as follows:
Sec. 3280.705 Gas piping systems.
* * * * *
(c) * * *
(1) All points of crossover beneath the transportable sections must
be readily accessible from the exterior of the home. In multi-story
manufactured homes, the interconnections between stories must be
accessible through a panel on the exterior or interior of the
manufactured home.
* * * * *
(k) Identification of gas supply connections. Each manufactured
home must have permanently affixed to the exterior skin at or near each
gas supply connection or the end of the pipe, a tag of 3 inches by 1\3/
4\ inches minimum size, made of etched, metal-stamped or embossed
brass, stainless steel, anodized or alcalde aluminum not less than
0.020 inch thick, or other approved material [e.g., 0.005 inch plastic
laminates], with the information shown in Figure 1 to this paragraph
(k). The connector capacity indicated on this tag must be equal to or
greater than the total Btu/hr rating of all intended gas appliances.
[GRAPHIC] [TIFF OMITTED] TR12JA21.000
(l) * * *
(7) Hangers and supports. All horizontal gas piping must be
adequately supported by galvanized or equivalently protected metal
straps or hangers at intervals of not more than 4 feet, except where
adequate support and protection is provided by structural members.
Vertical gas piping in multi-story dwelling units must be supported at
intervals of not more than 6 feet. Solid iron-pipe connection(s) must
be rigidly anchored to a structural member within 6 inches of the
supply connection(s).
(8) * * * (i) Before appliances are connected, piping systems must
stand a pressure of three 0.2 psi gauge for a period of
not less than ten minutes without showing any drop in pressure.
Pressure must be measured with a mercury manometer or slope gauge
calibrated so as to be read in increments of not greater than one-tenth
pound, or an equivalent device. The source of normal operating pressure
must be isolated before the pressure tests are made. Before a test is
begun, the temperature of the ambient air and of the piping must be
approximately the same, and constant air temperature must be maintained
throughout the test.
* * * * *
(iii) Where gas piping between transportable sections must be made
on site, the installation instructions must contain provisions for
onsite testing for leakage consistent with the provisions in paragraph
(l)(8)(i) of this section.
0
27. In Sec. 3280.708, revise paragraph (a)(1) introductory text to
read as follows:
Sec. 3280.708 Exhaust duct system and provisions for the future
installation of a clothes dryer.
(a) * * * (1) All gas and electric clothes dryers must be exhausted
to the outside by a moisture/lint exhaust duct and termination fitting.
When the manufacturer supplies the clothes dryer, the exhaust duct and
termination fittings must be completely installed by the manufacturer.
If the exhaust duct system is subject to damage during transportation,
or a field connection between transportable sections is required,
complete factory installation
[[Page 2523]]
of the exhaust duct system is not required when the following apply:
* * * * *
0
28. In Sec. 3280.709, revise paragraph (a) to read as follows:
Sec. 3280.709 Installation of appliances.
(a) The installation of each appliance must conform to the terms of
its listing and the manufacturer's instructions. The manufactured home
manufacturer must leave the appliance manufacturer's instructions
attached to the appliance. Every appliance must be secured in place to
avoid displacement. For the purpose of servicing and replacement, each
appliance must be both accessible and removable.
(1) A direct vent space heating appliance is permitted to be
shipped loose for on-site installation in a basement provided the
following:
(i) The heating appliance is listed for the installation.
(ii) Approved installation instructions are provided that include
requirements for completion of all gas and electrical connections and
provide for the manufacturer's inspection and/or testing of all
connections.
(iii) Approved instructions are provided to assure connection of
the vent and combustion air systems in accordance with Sec.
3280.710(b), and to provide for the manufacturer's inspection of the
systems for compliance.
(iv) Approved installation and the manufacturer's inspection
procedures are provided for the connection of the site-installed
heating appliance to the factory-installed circulation air system and
return air systems.
(2) The procedures must include revisions to assure compliance of
the installed systems with Sec. 3280.715.
* * * * *
0
29. In Sec. 3280.710, revise paragraph (d) to read as follows:
Sec. 3280.710 Venting, ventilation, and combustion air.
* * * * *
(d) Venting systems of fuel-burning appliances must terminate at
least three feet above any motor-driven air intake discharging into
habitable rooms when located within ten feet of the air intake.
* * * * *
0
30. Amend Sec. 3280.802 by:
0
a. Redesignating paragraphs (a)(4) through (41) as paragraphs (a)(5)
through (42);
0
b. Adding a new paragraph (a)(4); and
0
c. Adding and reserving paragraph (b).
The additions read as follows:
Sec. 3280.802 Definitions.
* * * * *
(a) * * *
(4) Attached accessory building or structure means any awning,
cabana, deck, ramada, storage cabinet, carport, windbreak, garage, or
porch for which the attachment of such is designed by the home
manufacturer to be structurally supported by the manufactured home.
* * * * *
(b) [Reserved]
0
31. In Sec. 3280.807, add paragraph (g) to read as follows:
Sec. 3280.807 Fixtures and appliances.
* * * * *
(g) In bathrooms, ceiling-mounted lighting fixtures and wall-
mounted lighting fixtures must not be controlled by the same switch.
0
32. In Sec. 3280.810, revise paragraph (b) to read as follows:
Sec. 3280.810 Electrical testing.
* * * * *
(b) Additional testing. Each manufactured home must be subjected to
the following tests:
(1) An electrical continuity test to assure that metallic parts are
effectively bonded;
(2) An operational test of all devices and utilization equipment,
except water heaters, electric ranges, electric furnaces, dishwashers,
clothes washers/dryers, and portable appliances, to demonstrate they
are connected and in working order; and
(3) Electrical polarity checks to determine that connections have
been made in accordance with applicable provisions of these standards
and Article 550.17 of NFPA 70-2005 (incorporated by reference, see
Sec. 3280.4). Visual verification is an acceptable electrical polarity
check.
Sec. 3280.902 [Amended]
0
33. In Sec. 3280.902(b), remove ``an A frame'' and add in its place
``a rigid substructure.''
0
34. Revise Sec. 3280.903 to read as follows:
Sec. 3280.903 General requirements for designing the structure to
withstand transportation shock and vibration.
(a) General. The manufactured home and its transportation system
(as defined in Sec. 3280.902(f)) must withstand the effects of highway
movement such that the home is capable of being transported safely and
installed as a habitable structure. Structural, plumbing, mechanical,
and electrical systems must be designed to function after set-up. The
home must remain weather protected during the transportation sequence
to prevent internal damage.
(b) Testing or analysis requirements. Suitability of the
transportation system and home structure to withstand the effects of
transportation must be permitted to be determined by testing, or
engineering analysis, or a combination of the two as required by
paragraphs (b)(1) and (2) of this section.
(1) Road tests. Tests must be witnessed by an independent
registered professional engineer or architect, manufacturer's IPIA or
DAPIA, or by a recognized testing organization. Such testing procedures
must be part of the manufacturer's approved design.
(2) Engineering analysis. Engineering analysis methods based on the
principles of mechanics and/or structural engineering may be used to
substantiate the adequacy of the transportation system to withstand in-
transit loading conditions. As transportation loadings are typically
critical in the longitudinal direction, analysis should, in particular,
provide emphasis on design of longitudinal structural components of the
manufactured home (e.g., main chassis girder beams, sidewalls, and rim
joists, etc.). Notwithstanding, all structural elements necessary to
the structural integrity of the manufactured home during in-transit
loading are also to be evaluated (e.g., transverse chassis members and
floor framing members, etc.).
(i)(A) The summation of the design loads in paragraphs
(b)(2)(i)(A)(1) through (3) of this section may be used to determine
the adequacy of the chassis in conjunction with the manufactured home
structure to resist in-transit loading:
(1) Dead load, the vertical load due to the weight of all
structural and non-structural components of the manufactured home at
the time of shipment.
(2) Floor load, a minimum of 3 pounds per square foot.
(3) Dynamic loading factor, (0.25)[(b2iA) + (b2iB)].
(B) However, the in-transit design loading need not exceed twice
the dead load of the manufactured home.
(ii) To determine the adequacy of individual longitudinal
structural components to resist the in-transit design loading, a load
distribution based on the relative flexural rigidity and shear
stiffness of each component may be utilized. For the purpose of loading
distribution, the sidewall may be considered to be acting as a ``deep
beam'' in conjunction with other load carrying elements in determining
the
[[Page 2524]]
relative stiffness of the integrated structure. Further, by proper pre-
cambering of the chassis assembly, additional loading may be
distributed to the chassis, and the remaining loading may be
distributed to each of the load carrying members by the relative
stiffness principle.
(iii) The analysis is also to include consideration for:
(A) Location of openings in the sidewall during transport and, when
appropriate,
provisions for reinforcement of the structure and/or chassis at the
opening.
(B) Sidewall component member sizing and joint-splice analysis
(i.e., top and bottom plates, etc.), and connections between load
carrying elements.
0
35. In Sec. 3280.904, revise paragraphs (a), (b)(1) through (6) and
(8) through (10) to read as follows:
Sec. 3280.904 Specific requirements for designing the transportations
system.
(a) General. The transportation system must be designed and
constructed as an integrated unit which is safe and suitable for its
specified use. In operation, the transportation system must effectively
respond to the control of the towing vehicle tracking and braking,
while traveling at applicable highway speeds and in normal highway
traffic conditions.
(b) Specific requirements--(1) Drawbar. The drawbar must be
constructed of sufficient strength, rigidity, and durability to safely
withstand those dynamic forces experienced during highway
transportation. It must be securely fastened to the manufactured home
substructure.
(2) Coupling mechanism. The coupling mechanism (which is usually of
the socket type) must be securely fastened to the drawbar in such a
manner as to assure safe and effective transfer of the maximum loads,
including dynamic loads, between the manufactured home structure and
the hitch-assembly of the towing vehicle. The coupling must be equipped
with a manually operated mechanism so adapted as to prevent
disengagement of the unit while in operation. The coupling must be so
designed that it can be disconnected regardless of the angle of the
manufactured home to the towing vehicle.
(3) Chassis. The chassis, in conjunction with the manufactured home
structure, must be constructed to effectively sustain the design loads.
The integrated structure must be capable of ensuring the integrity of
the complete manufactured home and ensuring against excessive
deformation of structural or finish members.
(4) Running gear assembly--(i) Design criteria. The design load
used to size running gear components must be the gross static dead
weight minus the static tongue weight supported by the drawbar. Running
gear must be designed to accept shock and vibration, both from the
highway and the towing vehicle and effectively dampen these forces so
as to protect the manufactured home structure from damage and fatigue.
Its components must be designed to facilitate routine maintenance,
inspection, and replacement.
(ii) Location. Location of the running gear assembly must be
determined by documented engineering analysis, taking into account the
gross weight (including all contents), total length of the manufactured
home, the necessary coupling hitch weight, span distance, and turning
radius. Weights shall be checked with the home in a level position
ready for transport. The coupling weight must be not less than 12
percent nor more than 25 percent of the gross weight.
(5) Spring assemblies. Spring assemblies (springs, hangers,
shackles, bushings, and mounting bolts) must be capable of supporting
the running gear design loads, without exceeding maximum allowable
stresses for design spring assembly life as recommended by the spring
assembly manufacturer. The capacity of the spring system must ensure
that under maximum operating load conditions, sufficient clearance is
maintained between the tire and manufactured home's frame or structure
to permit unimpeded wheel movement and for changing tires.
(6) Axles. Axles, and their connecting hardware, must be capable of
supporting the static running gear design loads, without exceeding
maximum allowable design axle loads as recommended by the axle
manufacturer. The number and load capacity necessary to provide a safe
tow must not be less than those required to support the design load.
(i) Recycled axles. Before reuse, all axles, including all
component parts, must be reconditioned as required pursuant to a
program accepted by a nationally recognized testing agency. The
recycling program must be approved, and the axles must be labeled by a
nationally recognized testing agency. Recycled axles and their
components must utilize compatible components and be of the same size
and rating as the original equipment.
(ii) [Reserved].
* * * * *
(8) Tires, wheels, and rims. Tires, wheels, and rims must be
selected, sized, and fitted to axles so that static dead load supported
by the running gear does not exceed the load capacity of the tires.
Tires must not be loaded beyond the load rating marked on the sidewall
of the tire or, in the absence of such a marking, the load rating
specified in any of the publications of any of the organizations listed
in Federal Motor Vehicle Safety Standard (FMVSS) No. 119 in 49 CFR
571.119, S5.1(b). Wheels and rims must be sized in accordance with the
tire manufacturer's recommendations as suitable for use with the tires
selected.
(i) Inflation pressure. The load and cold inflation pressure
imposed on the rim or wheel must not exceed the rim and wheel
manufacturer's instructions even if the tire has been approved for a
higher load or inflation. Tire cold inflation pressure limitations and
the inflation pressure measurement correction for heat must be as
specified in 49 CFR 393.75(h).
(ii) Used tires. Whenever the tread depth is at least \1/16\ inch
as determined by a tread wear indicator, used tires are permitted to be
sized in accordance with 49 CFR 571.119. The determination as to
whether a used tire is acceptable must also include a visual inspection
for thermal and structural defects (e.g., dry rotting, excessive tire
sidewall splitting, etc.). Used tires with such structural defects must
not be installed on manufactured homes.
(9) Brake assemblies--(i) Braking axles. The number, type, size,
and design of brake assemblies required to assist the towing vehicle in
providing effective control and stopping of the manufactured home must
be determined and documented by engineering analysis. Those
alternatives listed in Sec. 3280.903(c) may be accepted in place of
such an analysis. Unless substantiated in the design to the
satisfaction of the approval agency by either engineering analysis in
accordance with Sec. 3280.903(a)(1) or tests in accordance with
paragraph (b)(9)(ii) of this section, there must be a minimum of two
axles equipped with brake assemblies on each manufactured home
transportable section.
(ii) Stopping distance. Brakes on the towing vehicle and the
manufactured home (a drive-away/tow-away) must be capable of ensuring
that the maximum stopping distance from an initial speed of 20 miles
per hour does not exceed 35 feet in accordance with 49 CFR 393.52(d)
for 2 or fewer vehicles in drive away or tow away operation.
(iii) Electrical brake wiring. Brake wiring must be provided for
each brake.
[[Page 2525]]
The brake wire must not be less than the value specified in the brake
manufacturer's instructions. Aluminum wire, when used, must be provided
with suitable termination that is protected against corrosion.
(10) Lamps and associated wiring. Stop lamps, turn signal/lamps,
and associated wiring must meet the appropriate sections of FMVSS No.
108 in 49 CFR 571.108, which specify the performance and location of
these lamps and their wiring. The manufacturer may meet these
requirements by utilizing a temporary light/wiring harness, which has
components that meet the FMVSS No. 108. The temporary harness is
permitted to be provided by the manufactured home transportation
carrier.
0
36. Add subpart K to read as follows:
Subpart K--Attached Manufactured Homes and Special Construction
Considerations
Sec.
3280.1001 Scope.
3280.1002 Definitions.
3280.1003 Attached manufactured home unit separation.
3280.1004 Exterior walls.
3280.1005 Electrical service.
3280.1006 Water service.
Sec. 3280.1001 Scope.
This subpart covers the requirements for attached manufactured
homes and other related construction associated with manufactured homes
not addressed elsewhere within this part.
Sec. 3280.1002 Definitions.
The following definitions are applicable to this subpart only:
Attached manufactured home. Two or more adjacent manufactured homes
that are structurally independent from foundation to roof and with open
space on at least two sides, but which have the appearance of a
physical connection (i.e., zero lot line).
Fire separation wall. An adjoining wall of a manufactured home that
separates attached manufactured homes with a fire separation distance
of less than three feet.
Sec. 3280.1003 Attached manufactured home unit separation.
(a) Separation requirements. (1) Attached manufactured homes shall
be separated from each other by a fire separation wall of not less than
1-hour fire-resistive rating with exposure from both sides on each
attached manufactured home unit when rated based on tests in accordance
with ASTM E119-05 (incorporated by reference, see Sec. 3280.4).
(2) Fire-resistance-rated floor/ceiling and wall assemblies shall
extend to and be tight against the exterior wall, and wall assemblies
shall extend from the foundation to the underside of the roof
sheathing.
(b) Fire separation penetrations. (1) Fire rated fire separation
walls must not contain through penetrations or openings.
(2) Membrane penetrations for electrical boxes are permitted on the
living side of the wall under the following conditions:
(i) Steel electrical boxes not exceeding 16 square inches may be
installed provided that the total area of such boxes does not exceed
100 square inches in any 100 square feet wall area. Steel electrical
boxes in adjacent fire separation walls must be separated by a
horizontal distance of not less than 24 inches.
(ii) Listed 2-hour fire-resistant nonmetallic electrical boxes are
installed in accordance with the listings.
(iii) No other membrane penetrations are allowed.
(c) Continuity of walls. The fire separation walls for single-
family attached dwelling units must be continuous from the foundation
to the underside of the roof sheathing, deck, or slab and must extend
the full length of the fire separation walls.
(d) Parapets. (1) Parapets constructed in accordance with paragraph
(d)(2) of this section must be provided for attached manufactured homes
as an extension of fire separation walls in accordance with the
following:
(i) Where roof surfaces adjacent to the fire separation walls are
at the same elevation, the parapet must extend not less than 30 inches
above the roof surfaces.
(ii) Where roof surfaces adjacent to the wall or walls are at
different elevations and the higher roof is not more than 30 inches
above the lower roof surface, the parapet must not extend less than 30
inches above the lower roof surface.
(A) Parapets must be provided unless roofs are of a Class C roof
covering and the roof decking or sheathing is of noncombustible
materials or approved fire-retardant-treated wood for a distance of
four feet on each side of the common fire separation walls; or one
layer of \5/8\ inch Type X gypsum board or equivalent is installed
directly beneath the roof decking or sheathing for a distance of four
feet on each side of the fire separation walls.
(B) A parapet must not be required where roof surfaces adjacent to
the common walls are at different elevations and the higher roof is
more than 30 inches above the lower roof. The fire separation wall
construction from the lower roof to the underside of the higher roof
deck must not have less than a 1-hour fire-resistive rating. The wall
must be rated for exposure from both sides.
(2) Parapets must have the same fire resistance rating as that
required for the supporting wall or walls. On any side adjacent to a
roof surface, the parapet must have noncombustible faces for the
uppermost 18 inches, to include counter flashing and coping materials.
Where the roof slopes toward a parapet at slopes greater than \2/12\
(16.7 percent slope), the parapet must extend to the same height as any
portion of the roof within a distance of three feet, but in no case
will the height be less than 30 inches.
Sec. 3280.1004 Exterior walls.
(a) The requirements of Sec. 3280.504 for condensation control and
vapor retarder installation are required to be provided on each fire
separation wall of each attached manufactured home.
(b) The requirements of Sec. 3280.506 for heat loss/gain
insulation apply to the fire separation wall on each attached
manufactured home.
Sec. 3280.1005 Electrical service.
(a) Each attached manufactured home must be supplied by only one
service.
(b) Service conductors supplying one manufactured home must not
pass through the interior of another manufactured home.
Sec. 3280.1006 Water service.
(a) Each manufactured home must have an individual water supply
that will service only that unit.
(b) Each manufactured home must have a hot water supply system that
will service only that unit.
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
0
37. The authority citation for part 3282 is revised to read as follows:
Authority: 15 U.S.C. 2697, 28 U.S.C. 2461 note, 42 U.S.C.
3535(d), 5403, and 5424.
0
38. In Sec. 3282.7, redesignate paragraphs (d) through (nn) as (e)
through (oo) and add new paragraph (d) to read as follows:
Sec. 3282.7 Definitions.
* * * * *
(d) Attached accessory building or structure means any awning,
cabana, deck, ramada, storage cabinet, carport, windbreak, garage, or
porch for which the attachment of such is designed by the home
manufacturer to be
[[Page 2526]]
structurally supported by the manufactured home.
* * * * *
0
39. In Sec. 3282.8, revise paragraph (j) to read as follows:
Sec. 3282.8 Applicability.
* * * * *
(j) Add-on. An add-on including an attached accessory building or
structure added by the retailer or some party other than the
manufacturer (except where the manufacturer acts as a retailer) as part
of a simultaneous transaction involving the sale of a new manufactured
home, is not governed by the standards and is not subject to the
regulations in this part except as identified in this section and part
3280 of this chapter. The addition of any add-on or attached accessory
building or structure must not affect the ability of the manufactured
home to comply with the standards. If the addition of an add-on or
attached accessory building or structure causes the manufactured home
to fail to conform to the standards, then sale, lease, and offer for
sale or lease of the home are prohibited until the manufactured home is
brought into conformance with the standards.
(1) With the exception of attached accessory buildings or
structures, add-ons must be structurally independent and any attachment
between the home and the add-on must be for weatherproofing or cosmetic
purposes only.
(2) If an attached accessory building or structure is not
structurally independent all the following must be met for attachment
to the manufactured home:
(i) Manufactured home must be designed and constructed to
accommodate all imposed loads, including any loads imposed on the home
by the attached accessory building or structure, in accordance with
part 3280 of this chapter.
(ii) Data plate must indicate that home has been designed to
accommodate the additional loads imposed by the attachment of the
attached accessory buildings or structures and must identify the design
loads.
(iii) Installation instructions shall be provided by the home
manufacturer which identifies acceptable attachment locations,
indicates design limitations for the attached accessory building or
structure including acceptable live and dead loads for which the home
has been designed to accommodate and provide support and anchorage
designs as necessary to transfer all imposed loads to the ground in
accordance with part 3285 of this chapter.
* * * * *
0
40. In Sec. 3282.14, revise paragraph (a) introductory text to read as
follows:
Sec. 3282.14 Alternative construction of manufactured homes.
(a) Policy. In order to promote the purposes of the Act, the
Department will permit the sale or lease of one or more manufactured
homes not in compliance with the standards under circumstances wherein
no affirmative action is needed to protect the public interest. An add-
on, including an attached accessory building or structure which does
not affect the performance and ability of the manufactured home to
comply with the standards in accordance with Sec. 3282.8(j), is not
governed by this section. The Department encourages innovation and the
use of new technology in manufactured homes. Accordingly, HUD will
permit manufacturers to utilize new designs or techniques not in
compliance with the standards in cases:
* * * * *
0
41. In Sec. 3282.601, add paragraph (c) to read as follows:
Sec. 3282.601 Purpose and applicability.
* * * * *
(c) Exception. An add-on or attached accessory building or
structure which does not affect the performance and ability of the
manufactured home to comply with the standards in accordance with Sec.
3282.8(j) is not governed by this section.
0
42. In Sec. 3282.602, revise paragraph (a)(2) to read as follows:
Sec. 3282.602 Construction qualifying for on-site completion.
(a) * * *
(2) Any work required by the home design that cannot be completed
in the factory, or when the manufacturer authorizes the retailer to
provide an add-on to the home during installation, when that work would
take the home out of conformance with the construction and safety
standards and then bring it back into conformance;
* * * * *
PART 3285--MODEL MANUFACTURED HOME INSTALLATION STANDARDS
0
43. The authority citation for part 3285 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 5403, 5404, and 5424.
0
44. In Sec. 3285.5, add alphabetically the definition for ``Attached
accessory building or structure'' to read as follows:
Sec. 3285.5 Definitions.
* * * * *
Attached accessory building or structure means any awning, cabana,
deck, ramada, storage cabinet, carport, windbreak, garage, or porch for
which the attachment of such is designed by the home manufacturer to be
structurally supported by the manufactured home.
* * * * *
0
45. In Sec. 3285.903, revise paragraph (c) to read as follows:
Sec. 3285.903 Permits, alterations, and on-site structures.
* * * * *
(c) Installation of an add-on or attached accessory building or
structure. Each attached accessory building or structure or add-on is
designed to support all of its own live and dead loads, unless the
attached accessory building or structure is otherwise included in the
installation instructions or designed by a registered professional
engineer or registered architect in accordance with this part.
Dana T. Wade,
Assistant Secretary for Housing Federal Housing Commissioner.
[FR Doc. 2020-28227 Filed 1-11-21; 8:45 am]
BILLING CODE 4210-67-P