[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Proposed Rules]
[Pages 5589-5608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01473]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 3280, 3282, and 3285
[Docket No. FR-6149-P-01]
RIN 2502-AJ49
Manufactured Home Construction and Safety Standards
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would amend 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). The National Manufactured Housing
Construction and Safety Standards Act of 1974 (the Act) requires HUD to
publish in the Federal Register any proposed revised Construction and
Safety Standard submitted by the MHCC. The MHCC has prepared and
submitted to HUD its third group of recommendations to improve various
aspects of the Construction and Safety Standards. HUD has reviewed
those proposals and has made editorial revisions to several and HUD
proposes correlating additions for several of the proposals. HUD has
decided not to go forward in this proposed rule with certain revisions
recommended by the MHCC due to pending regulations for improving energy
efficiency in manufactured homes currently being prepared by the
Department of Energy. In addition, HUD has decided not to move forward
with a new proposal to add requirements for draftstopping to the
Manufactured Home Construction and Safety Standards.
As agreed, these recommendations are being published to provide
notice of the proposed revisions and an opportunity for public comment.
DATES: Comment Due Date: March 31, 2020.
ADDRESSES: Interested persons are invited to submit comments responsive
to this proposed rule to the Office of General Counsel, Regulations
Division, U.S. Department of Housing and Urban Development, 451 7th
Street SW, Room 10276, Washington, DC 20410-0001. All submissions
should refer to the above docket number and title. Submission of public
comments may be carried out by hard copy or electronic submission.
1. Submission of Hard Copy Comments. Comments may be submitted by
mail or hand delivery. Each commenter submitting hard copy comments, by
mail or hand delivery, should submit comments to the above address to
the attention of the Regulations Division. Due to security measures at
all Federal agencies, submission of comments by mail often results in
delayed delivery. To ensure timely receipt of comments, HUD recommends
that any comments submitted by mail be submitted at least 2 weeks in
advance of the public comment deadline. All hard copy comments received
by mail or hand delivery are a part of the public record and will be
posted to http://www.regulations.gov without change.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
http://www.regulations.gov. HUD strongly encourages commenters to
submit comments electronically. Electronic submission of comments
allows the commenter maximum time to prepare and submit a comment,
ensures timely receipt by HUD, and enables HUD to make comments
immediately available to the public. Comments submitted electronically
through the http://www.regulations.gov website can be viewed by other
commenters and interested members of the public. Commenters should
follow instructions provided on that site to submit comments
electronically.
No Facsimile Comments. Facsimile (fax) comments are not acceptable.
Public Inspection of Comments. All comments submitted to HUD
regarding this rule will be available, without charge, for public
inspection and copying between 8 a.m. and 5 p.m. weekdays, at the above
address. Due to security measures at the HUD Headquarters building, an
advance appointment to review the public comments must be scheduled by
calling the Regulations Division at 202-708-3055 (this is not a toll-
free number). Individuals with speech or hearing impairments may access
this number through TTY by calling the Federal Relay Service at 800-
877-8339 (this is a toll-free number). Copies of all comments submitted
are available for inspection and downloading at http://www.regulations.gov.
[[Page 5590]]
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 toll-free Federal Relay Service at 800-877-8389.
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
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, among other
things establishes 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 only 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.
This rulemaking is based primarily on the third set of
recommendations adopted by the MHCC to revise the Construction and
Safety Standards. It also includes a recent 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 has reviewed
those proposals and has made editorial revisions. HUD is also adding
related proposals that complement the MHCC's recommendations.
HUD has decided 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) 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 has decided to postpone action
on MHCC-proposed revision to Sec. Sec. 3280.502 and 3280.506(b),
except for a provision that would be applicable at Sec. 3280.506(b)
for the mating wall of attached manufactured homes--an option that is
needed to avoid a more burdensome alternative approval process (24 CFR
3282.14--Alternative construction of manufactured homes). HUD has also
decided not to include a recommendation on hallway width, as this issue
was re-opened by the MHCC and more recent MHCC recommendations have
been received by HUD and will be addressed through future rulemaking.
Finally, HUD decided not to move forward with a new proposal to add
requirements for draftstopping to the Manufactured Home Construction
and Safety Standards. The MHCC's proposed draftstopping provision and
HUD's reasons for returning it to the MHCC for additional consideration
are provided later in this preamble.
II. General Update of the Standards
A. General
HUD proposes to add a definition in Sec. 3282.2 for ``attached
accessory building or structure,'' a term and definition recommended by
the MHCC to address features including, but not limited to, attached
garages and attached carports. HUD also proposes to amend Sec. 3280.3
by clarifying the requirement that consumer manuals be in accordance
with Sec. 3282.207, in addition to general references to 24 CFR parts
3280 and 3282. Through this proposed rulemaking, HUD would also amend
Sec. 3280.11(d) by clarifying the location requirement of the
certification label to each transportable section of a manufactured
home. Specifically, 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. This provides for locating the
certification label on transportable sections of multi-story homes that
require that the label be located in an area that would cause it to
remain visible after all work is completed in finishing the home at the
home site.
Finally, HUD proposes to revise Sec. 3280.5 by adding a new
paragraph (d) requiring that a statement be added to the Data Plate of
a manufactured home identifying whether or not the home has been
designed to accommodate an add-on or attached accessory building or
structure (see proposed standards Sec. Sec. 3280.212 and 3280.213).
The MHCC considered and recommended that a statement be added to the
Data Plate but did not provide the specific language to be included.
Therefore, HUD has developed proposed language for the Data Plate in
order to move forward with the MHCC's correlating recommendations for
addressing attached accessory buildings and structures.
B. Planning Considerations
HUD proposes amending Sec. 3280.103 by removing the upper limit of
90 cubic feet per meter (cfm) in paragraph (b). This change would
eliminate the need for manufacturers to obtain an alternative
construction (AC) approval in order to manufacture homes that exceed
2,571 square feet, the maximum square footage that would otherwise be
permitted with a 90 cfm fan. The proposed rule would also add new
paragraph (d) to allow for design and construction flexibility.
Specifically, HUD proposes to revise Sec. 3280.103(d) by providing
that, as an option to complying with Sec. 3280.103(b) and (c), the
manufactured home meet the requirement for whole house ventilation and
additional ventilation by complying with the ASHRAE 62.2 Standard,
Ventilation and Acceptable Indoor Air quality in Low-Rise Residential
Buildings--2010 edition. Without this change, manufacturers would be
required to request and obtain AC letters in order to design and build
homes that would comply with the provisions of the ASHRAE 62.2
standard.
HUD proposes amending Sec. 3280.108 by adding a minimum clear
opening requirement to all interior swinging doors. Specifically, this
proposed rule would require that all interior swinging doors must have
a minimum clear opening of 27 inches, except doors to toilet
compartments in single-section homes. The proposed rule would also
amend the requirements for toilet compartments in Sec. 3280.111 by
adding a requirement that the minimum clear opening width for single
and multi-section bathroom passage doors be 23 inches and 27 inches,
respectively. These reflect current construction practices for
manufactured homes as well as other housing products and accommodates
the characteristics of narrower, single-section homes.
HUD proposes amending Sec. 3280.113 by adding a provision for
glazed (window) openings that face into a roofed porch. Specifically,
HUD is proposing that required glazed openings be permitted to satisfy
light and ventilation requirements for habitable rooms if the glazed
areas (windows) face into a roofed porch where the porch
[[Page 5591]]
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. Adding this provision would make the Construction and
Safety Standards consistent with existing state and local building
codes, and industry practice for other housing products.
HUD is proposing a new Sec. 3280.114 to define requirements for
stairways, landings, handrails, guards and stairway illumination.
Without this provision in the federally preemptive Construction and
Safety Standards, the inclusion of such features in a manufactured home
are subject to the requirements of state or local jurisdictions having
authority over the home site, including state and local inspections. By
including these requirements in the Construction and Safety Standards,
which are consistent with state and local building codes for other
housing products and generally used in the design and construction of
multi-story manufactured housing, HUD can ensure uniformity in designs
and construction and provide cost savings through one uniform standard.
Specifically, Sec. 3280.114(a) would define requirements for stairway
width, stairway treads and risers, including riser height and tread
depth. This paragraph would also define requirements for stairway
headroom, winders, spiral stairways, and circular stairways. Paragraph
(b) of Sec. 3280.114 would define requirements for stairway landing
dimensions and locations of stairway landings. Section 3280.114(c)
would define requirements for stairway handrails including requirements
for handrail height, continuity graspability and loading. Paragraph (d)
of Sec. 3280.114 would define requirements for guards including height
and guard separation width for porches, balconies, or raised floor
surfaces. Finally, Sec. 3280.114(e) would define requirements for
stairway illumination for both interior and exterior stairways.
C. Carbon Monoxide Detectors
HUD proposes to add a new Sec. 3280.211 that would require the
installation and designate the location of carbon monoxide detectors.
The provision would require Carbon Monoxide alarms in all homes with
fuel burning appliances and in all homes designed by the home
manufacturer for an attached garage, as well as all homes designed by
the home manufacturer to be installed over a basement. These conditions
for carbon monoxide alarm installation are each mutually exclusive
since the potential for field-installed fuel burning appliances will
exist and may impact health and safety of occupants.
Implementing effective carbon monoxide detection and alarms is a
HUD priority and promotes important health and safety concerns. While
HUD's current Construction and Safety Standards do not require the
installation of carbon monoxide detection and alarms, 38 states and
numerous local jurisdictions require these detectors in all housing,
including manufactured housing. Without a Federal Construction and
Safety Standard, manufactured home manufacturers are subject to design
and inspection requirements of potentially disparate state and local
jurisdictions. The proposed standards for the installation of carbon
monoxide detectors in manufactured housing are generally consistent
with the majority of existing state and local building codes. By
including this requirement in the Construction and Safety Standards,
HUD expects to ensure uniformity and provide cost savings through
design and construction to one standard implemented across the country
for homes having gas burning appliances or designed for an attached
garage.
Specifically, Sec. 3280.211(a) would require that carbon monoxide
alarms or detectors 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 2034-2008 edition. A listed
carbon monoxide alarm means that in order to use any given carbon
monoxide alarm model, the alarm model must be tested/evaluated and
listed by a nationally recognized organization as conforming to the
requirements of the ANSI/UL standard--see definition for ``listed or
certified'' at Sec. 3280.2. Section 3280.211(b) would require the home
manufacturer to provide a carbon monoxide detector or alarm for any
home designed by the home manufacturer to be installed over a basement,
regardless of whether the factory-built home contains a fuel burning
appliance. The manufacturer would also be required to install an
electrical junction box for interconnection to other required alarms or
detectors. Finally, Sec. 3280.211(c) would require each carbon
monoxide alarm or detector installed at the factory to be operationally
tested and to be repaired or replaced if it does not function properly
during the test.
D. Attached Garages
HUD is proposing a new Sec. 3280.212 to define fire separation
requirements for manufactured homes with factory constructed attached
garages or homes that are constructed for the attachment of a site-
built garage to be constructed with and conform state and local
building code requirements and based primarily on section R302 of the
2012 International Residential Code. Section 3280.212(a) would define
the configuration requirements for placing fire separation materials
between a garage and a manufactured home, including the required
material type and thickness. Section 3280.212(b) would place
restrictions on the location of openings between a manufactured home
and a garage and the requirements for doors between garage openings and
the manufactured home. Section 3280.212(c) would define material
requirements for ducts that penetrate the walls or ceilings separating
a manufactured home from the garage. This new standard will eliminate
the need for manufacturers to follow the costly and burdensome AC
process.
E. Attached Carports
HUD is proposing a new Sec. 3280.213 to define requirements for
manufactured homes with factory constructed carports or homes that are
constructed for the attachment of a site-built carport. Paragraph (a)
of Sec. 3280.213 would require that the home be designed to
accommodate the appropriate design loads from the carport that would be
transferred to and through the home's structure and foundation and
support systems. Section 3280.213(b) would require the manufacturer's
designs to include identification of the specific characteristics of
the home and carport design that impose limitations and restrictions
resulting from the structural analysis of the attached feature. Such
limitations and restriction identifications may include, but are not
limited to, characteristics such as home widths, maximum carport length
and width, and Wind Zone and Roof Load Zone. Paragraph (c) of Sec.
3280.213 would provide requirements for the design of the structural
support system and attachment points of the carport. Section
3280.213(d) would provide requirements for the design of the uplift
resistance and anchoring methods used to transfer the design loads
throughout the structure to the ground. Section 3280.213(e) would
require that the design for the attachment at the home site be
completed in a manner that does not prevent or impact the ability of
the home to conform to roof and attic
[[Page 5592]]
ventilation provisions established in Sec. 3280.504(d). Finally, Sec.
3280.213(f) would require that the manufacturer develop and provide
installation instructions for the home to guide installers and other
parties on the attachment of the carport to the home to ensure the home
is not taken out of compliance with the Construction and Safety
Standards.
The issue concerning attached carports, in general, was discussed
at length by the MHCC at its September 2018 meeting. In accordance with
the Act, HUD is proposing related standards in Sec. 3280.213 for
attached carports to complement the MHCC's recommendations and provide
complete standards-based requirements for design and construction. The
MHCC envisioned appropriate design and construction of the home and
considered the installation instructions for affected homes. HUD
developed and proposes Sec. 3280.213 to move forward with the MHCC's
correlating recommendations for bringing certain attached accessory
buildings and structures (garages and carports) within the Construction
and Safety Standards. Should HUD find that other accessory buildings
and structures are being designed by home manufacturers for structural
attachment, HUD will work with the MHCC to develop and promulgate
appropriate proposed standards to address those accessory buildings and
structures. These proposed revisions will, in most circumstances,
eliminate the need for manufacturers to follow the costly and
burdensome AC process, which is described later in this preamble, and
will clarify how carports designed to be attached by the manufacturer
should be viewed within the context of the Construction and Safety
Standards.
F. Body and Frame Requirements
HUD proposes to revise Sec. 3280.305 to establish standards for
multi-story construction. Multi-story design and construction are a
more recent feature of manufactured home construction that provides
consumers expanded choice. HUD is proposing these requirements to
eliminate the need for manufacturers to follow the costly and
burdensome AC process. Specifically, HUD is proposing that
manufacturers producing multi-story manufactured homes ensure that each
story is securely fastened to the story above and below it by ensuring
its approved designs and construction provide continuity and resist
design loads set forth in the Construction and Safety Standards. In
Sec. 3280.305(a), HUD proposes that uncompressed finished flooring
greater than \1/8\ inch in thickness does not extend beneath load
bearing walls that are fastened to the floor structure. HUD proposes
amending Sec. 3280.305(g) to require bottom board material to be
tightfitted against all penetrations. HUD would revise Sec.
3280.305(h) by adding a provision that would allow portions of roof
assemblies to be assembled at the home site in accordance with 24 CFR
part 3282, subpart M. Similarly, HUD is proposing to amend Sec.
3280.307 to add paragraph (e), which would provide that multi-story and
attached manufactured home construction would not be required to comply
with factory installation of weather-resistant exterior construction
under certain conditions.
G. Thermal Protection
HUD is proposing to revise Sec. 3280.504(a)(3) to allow the vapor
retarder of the first story ceiling to be omitted for multi-story homes
when the story directly above is part of the same manufactured home.
HUD is also proposing to add Sec. 3280.504(b) that would provide
requirements for design of the walls providing separation (mating or
marriage wall) of attached manufactured homes to be treated as exterior
walls. HUD is also amending Sec. 3280.506(b) to address thermal
requirements for the mating wall of attached manufactured homes.
H. Plumbing Systems
In Sec. 3280.602, HUD is proposing to add a definition of
``indirect waste receptor,'' consistent with state and local standards.
HUD is also proposing to revise Sec. 3280.608(b) to add provisions for
support of vertical drainage and water piping at each story height, an
aspect required for multi-story manufactured homes. HUD is also
proposing to revise the current provision in Sec. 3280.609(c) for
water heater relief valves by requiring the discharge from the relief
valves to be piped to the outside of the home and would no longer allow
them to be directly connected to the drainage system of the home. HUD
is proposing this change to ensure against water build-up under the
home. Section 3280.610(c) would be revised to also allow the site
assembly of portions of drain lines between stories for multi-story
construction. These new and revised standards support multi-story
construction and will eliminate the need for manufacturers to follow
the costly and burdensome AC process. HUD is also proposing amending
Sec. 3280.611(c) to allow sections of a wet-vented drain that are 3
inches in diameter to carry the waste of an unlimited number of
fixtures. Finally, HUD proposed to revise Sec. 3280.612(a) by lowering
the test pressure for the water distribution test from 100 psi to 80
psi +/5 psi. HUD is proposing this change to avoid injury and align
with typical state and local code requirements.
I. Heating, Cooling and Fuel Burning Systems
HUD is proposing to amend Sec. 3280.705(c) by providing that
interconnections between stories in multi-story manufactured homes be
accessible through a panel on the exterior or interior of the
manufactured home. HUD proposes revising Sec. 3280.705(k) to amend the
label that identifies the gas supply connection. This is a minor
revision, changing ``mobile'' home to ``manufactured'' home. Finally,
HUD is proposing to clarify and revise Sec. 3280.705(l) by requiring
that vertical gas piping in multi-story units be supported at intervals
not to exceed 6 feet and by providing a tolerance of +/- 0.2 psi gauge
for the gas piping test before appliances are connected. These proposed
revisions will eliminate the need for manufacturers to follow the
costly and burdensome AC process as discussed below.
HUD proposes to amend Sec. 3280.708(a)(1) to clarify that complete
factory installation of the exhaust duct system between transportable
sections is not required if the exhaust duct system otherwise meets
paragraphs (a)(1)(i) and (ii) of the section.
HUD proposes to revise Sec. 3280.709(a) by allowing a direct-vent
space heating appliance to be shipped loose for future installation in
a basement provided it and its connections are field installed and
inspected in accordance with approved installation instructions. This
change would allow for design flexibility and optimal space planning
and provide parity with site-built housing. Section 3280.710(d) would
be revised by requiring venting systems to terminate at least 3 feet
above any motor driven air intake discharging into habitable areas when
located within 10 feet of the air intake. This would assure that proper
separation is maintained between the air intake and exhaust system to
prevent any products of combustion from the exhaust vent from entering
the living space area.
J. Electrical Systems
HUD proposes to revise Sec. 3280.807 by adding paragraph (g),
which would require that ceiling and wall mounted light fixtures not be
controlled by the same switch to improve energy efficiency. HUD is also
proposing to
[[Page 5593]]
revise Sec. 3280.810(b) by requiring that each manufactured home be
subject to electrical polarity checks to determine that connections
have been made in accordance with applicable provisions of the
Construction and Safety standards and Article 550.17 of the National
Electric Code, NFPA No. 70-2005. HUD also proposes to maintain the
provision that visual verification is an acceptable electrical polarity
check.
I. Transportation Systems
HUD is proposing to revise Sec. 3280.903(a) to describe the
general provisions that need to be considered in the design of a
structure to withstand transportation loads. Specifically, Sec.
3280.903(b) would be revised to clarify provisions for conducting road
tests to determine the adequacy of the structure to resist in-transit
loads and would also be revised by incorporating certain provisions and
engineering principles contained in the HUD-published Interpretative
Bulletin J-1-76 for preparing an engineering analysis for designing the
structure to resist transportation loads. HUD intends to retire
Interpretive Bulletin J-1-76 once this rule is published as a final
rule and the rule takes legal effect. The alternative currently
provided by Sec. 3280.903(c) of allowing the use of documented
evidence to satisfy the transportation design requirements would be
removed since there is no consistent data collection methodology that
has historically been maintained by manufacturers to satisfy this
requirement.
HUD is revising Sec. 3280.904(b) by adding new requirements for
recycled axles and used tires and by reference to 49 CFR 571.19
(Federal Motor Vehicle Safety Standard No.119) for both determining the
load capacity and selection criteria requirements for both new and used
tires. The stopping distance for conducting highway brake tests from an
initial speed of 20 miles per hour would be reduced from 40 to 35 feet
to be consistent with U.S. Department of Transportation regulations
(refer to 49 CFR 393.52).
L. Attached Manufactured Homes and Special Construction
HUD is proposing to add a new subpart K for attached manufactured
homes with a zero lot line and other related construction that is not
covered elsewhere in the Construction and Safety Standards. 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. These new standards would
eliminate the need for manufacturers to follow the costly and
burdensome AC process and would establish Federal preemption for
aspects that would otherwise be under the jurisdiction of state and
local authorities. To meet the requirements of the new subpart, Sec.
3280.1002 would require that each manufactured home be structurally
independent from the other and be protected by a fire separation wall
when closer than three feet to another attached manufactured home.
Section 3280.1003 would require attached manufactured homes be
separated from each other by a fire separation wall of at least one-
hour fire-resistive construction, including requirements that the fire
separation wall not contain through-penetrations or openings. The
provisions also require that the fire separation wall be continuous
from the foundation to the underside of the roof sheathing, decking, or
slab, and that a parapet be provided for attached construction 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
or a layer of \5/8\ inch Type X gypsum board is installed directly
below the sheathing for a distance of at least 4 feet on each side of
the fire separation wall. Parapets would also be required to have the
same fire resistance rating as that required for the supporting walls.
Section 3280.104 would require that the fire separation wall on each
attached manufactured home be provided with condensation control
protection and a vapor retarder and be insulated to meet the thermal
protection requirements of the Standards. Section 3280.105 would
require that each attached manufactured home be provided with its own
electrical service and that service conductors not pass between each
home. Lastly, Sec. 3280.106 would require that each attached home have
its own individual water supply and water heater.
M. Changes to the Manufactured Home Procedural and Enforcement
Regulations (24 CFR Part 3282)
In addition to recommending changes to the Construction and Safety
Standards, the MHCC, at its September 2018 meeting, included
recommended revisions to the Manufactured Home Procedural and
Regulations at 24 CFR part 3282. These recommendations relate to the
recommendations made by the MHCC in its third set of standards
addressing attached garages. These MHCC recommendations also respond to
public comments HUD received on reducing regulatory burdens associated
with regulating the design and construction of homes with attached
garages and attached carports (see 83 FR 3635, January 26, 2018).
Consistent with these recommendations, HUD is proposing to amend
various provisions of part 3282 to address attached garages and
carports. Significantly, HUD proposes that attached garages and
carports would not be subject to HUD review and approval through the AC
process if designed and constructed without affecting the home's
performance and the home's compliance with the Construction and Safety
Standards. Specifically, HUD proposes to add a definition for an
``attached accessory building or structure'' at Sec. 3282.7 as
recommended by the MHCC and modified by HUD to ensure the clarity of
intent. HUD proposes that the definition of an ``attached accessory
building or structure'' mean ``any awning, cabana, deck, ramada,
storage cabinet, carport, fence, windbreak, garage or porch for which
the attachment of such is designed by the home manufacturer to be
structurally supported by the basic manufactured home.'' In accordance
with the MHCC's recommendation, HUD also proposes to revise the
definition of ``add-on'' at Sec. 3282.8(j) to address attached
accessory buildings and structures that may constitute add-ons and to
provide specific provisions for more common structurally dependent
attached accessory buildings or structures, such as attached garages
and attached carports. HUD is also proposing to amend the policy
provision of Sec. 3282.14 to exclude add-ons or attached buildings or
structures that do not affect the performance and ability of the home
to comply with the Construction and Safety Standards. Finally, HUD
proposes to amend Sec. 3282.601, consistent with Sec. Sec. 3282.7 and
3282.14, to provide that an add-on or attached accessory building or
structure that does not affect the performance of the home and the
home's compliance with the Construction and Safety Standards is not
subject to subpart M, the On-Site Completion of Construction of
Manufactured Homes requirements.
N. Changes to the Model Manufactured Home Installation Standards (24
CFR Part 3285)
In addition to recommending changes to the Construction and Safety
Standards, the MHCC at its September 2018 meeting included recommended
revisions to the Manufactured Home Model Installation Standards, at 24
CFR part 3285. These recommendations also relate to the recommendations
made by
[[Page 5594]]
the MHCC in its third set of standards addressing attached garages.
More recent MHCC recommendations also respond to public comments
received on reducing regulatory burdens associated with installing
manufactured homes designed for site attached garages and site attached
carports (see 83 FR 3635, January 26, 2018). These proposed changes are
necessary to ensure that homes designed for the attachment of garages
and carports have appropriate installation instructions and would not
require special inspections generally required through the AC letter
process. Accordingly, HUD proposes to add the MHCC recommended
definition for an ``attached accessory building or structure'' at Sec.
3285.5. HUD is also proposing to amend the provisions for the add-on or
installation of attached accessory buildings or structures set forth at
Sec. 3285.903, in accordance with a MHCC recommendation to incorporate
the new terminology for attached accessory buildings or structures.
III. Recommendation Returned to MHCC
HUD is returning to the MHCC for further consideration, the
proposal to add requirements for draftstopping as identified in the
MHCC's recommendation for Report on Comments (ROC) number 20, also
referred to by the MHCC as 20 ROC. The proposed amendment recommended
by the MHCC include provisions addressing draftstopping requirements
for:
Concealed spaces of a floor/ceiling assemblies;
dividing large concealed areas;
locations where an assembly is below a floor membrane and
above a ceiling membrane;
acceptable draftstopping materials;
installation along framing members; and
maintaining the integrity of all draftstops.
HUD is returning this proposal to the MHCC because potential
significant costs have been identified in HUD's review of the
recommendations, and some manufacturers, responding to requests for
cost impact information, have identified ambiguity in the application
of the MHCC-recommended standards. Manufacturers contacted regarding
potential costs associated with the proposed requirements provided
material cost estimates ranging from over $30 to about $400 per home to
comply with these proposed draftstopping provisions. One manufacturer
assumed that draftstopping would only be provided between two dwelling
units of a multi-family home and provided costs and construction
estimates associated with separating two dwelling units. Another
manufacturer expressed concerns with obtaining complete separation in
the floor cavity space while maintaining about equal concealed space
for each area as required by the proposal. Still another manufacturer
expressed concerns over unintended consequences that would result from
the proposed draftstopping provisions due to potential additional costs
for ventilation of attic spaces and higher labor costs associated with
penetrations and gaps needed for ductwork, electrical wiring, etc.
Further, allowances for penetrations and gaps is inconsistent with the
above MHCC-recommended standard which would require the integrity of
all draftstops to be maintained. In view of these concerns, HUD
believes that this proposal should be reconsidered by the MHCC,
addressed, and processed with future recommendations being evaluated by
the MHCC for multi-family manufactured homes, rather than to be
required in the construction of any manufactured home where the area of
concealed spaces exceeds 1000 square feet in area.
IV. Incorporation by Reference
Before HUD issues a final rule, the reference standards proposed
for incorporation will be approved by the Director of the Federal
Register for incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of these standards may be obtained
from the 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 proposed rule would incorporate by reference the following
five new 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 and comment during this rule's comment
period via read-only, electronic access at http://ibr.ansi.org/Standards/.
2. ANSI/UL 2034-2008. 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
and comment during this rule's comment period via read-only, electronic
access at http://ibr.ansi.org/Standard.
3. ASTM E 119, 2005. 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 and comment
during this rule's comment period via read-only, electronic access at
http://www.ASTM.org/READINGLIBRARY.
4. NFPA No. 70-2005, Article 550.17. National Electronic Code. 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,
[[Page 5595]]
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 and comment
during this rule's comment period 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 carbon monoxide detection and warning equipment in
buildings and structures. This standard is available online for review
and comment during this rule's comment period via read-only, electronic
access at http://ibr.ansi.org/Standards.
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..................... 2008 Single and Multiple Sec. Only required for homes
Station Carbon 3280.211(a) that incorporate a gas
Monoxide Alarms. burning appliance and
then preempts state and
local requirements
already established in
38 states.
ANSI/ASHRAE 62.2................. 2010 Ventilation and Sec. Provides an option to
Acceptable Indoor 3280.103(d) ventilation requirements
Air Quality in Low- established at Sec.
Rise Residential 3280.103(b) and (c).
Buildings.
NFPA No.70 Article 550.17........ 2005 National Electrical Sec. Provides for a referenced
Code. 3280.810(b) standard to conduct
polarity checks as an
option to visual
polarity checks.
NFPA 720......................... 2015 Standard for the Sec. Only required for homes
Installation Carbon 3280.211(a) that incorporate a gas
Monoxide Detection burning appliance or an
Equipment. attached garage and then
preempts state and local
requirements already
established in 38
states.
ASTM E 119....................... 2005 Standard Test Method Sec. Allows for a manufacturer
for Fire Tests of 3280.1003(a) to design and construct
Building attached housing that is
Construction and otherwise only permitted
Materials. through an AC review and
approval.
----------------------------------------------------------------------------------------------------------------
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_American Society for Testing and Materials, 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 proposed 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 proposed 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 proposed rule would amend the Federal
Manufactured Home Construction and Safety Standards by adopting
recommendations made to HUD by the MHCC. In this regard, this proposed
rule would revise various standards that reflect current construction
practices used by the manufacturing housing industry and the home
construction
[[Page 5596]]
industry in general. For example, when a manufacturer chooses to
install a carbon monoxide detector, the manufacturer will use a
detector that has been listed in accordance with requirements of ANSI/
UL 2034 and the manufacturer will install the detector 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 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, if finalized, would
provide 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, HUD's
proposals addressing the design and construct 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 have been reviewed can provide cost
savings for manufacturers and reduce regulatory confusion when directly
addressed within the code. In fact, HUD's proposed 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 or detectors 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 2034-2008 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
---------------------------------------------------------------
Low estimate High estimate Low estimate High estimate
----------------------------------------------------------------------------------------------------------------
Total Annual Costs (See Figure 3):
Carbon Monoxide Detector Requirement........ $258,000 $1,352,400 $258,000 $1,352,400
Water heater relief valves.................. 1,352,400 483,000 1,352,400 483,000
Wet-vented drains........................... 483,000 96,600 483,000 96,600
Separate Bathroom Light Switches............ 96,600 2,190,000 96,600 2,190,000
---------------------------------------------------------------
Total................................... $2,190,000 $4,122,000 $2,190,000 $4,122,000
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):
[[Page 5597]]
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
----------------------------------------------------------------------------------------------------------------
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 proposed 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 proposed
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments
from members of the public and affected agencies concerning the
information collection requirements in the proposed rule regarding:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Whether the proposed collection of information enhances the
quality, utility, and clarity of the information to be collected; and
(4) Whether the proposed information collection minimizes the
burden of the collection of information on those who are to respond;
including through the use of appropriate automated collection
techniques or other forms of information technology (e.g., permitting
electronic submission of responses).
Interested persons are invited to submit comments regarding the
information collection requirements in this rule. Under the provisions
of 5 CFR part 1320, OMB is required to decide concerning this
collection of information between 30 and 60 days after the publication
date. Therefore, a comment on the information collection requirements
is best assured of having its full effect if OMB receives the comment
within 30 days of the publication. This time frame does not affect the
deadline for comments to the agency on the proposed rule, however.
Comments must refer to the proposed rule by name and docket number (FR-
6149-P-01) and must be sent to:
HUD Desk Officer, Office of Management and Budget, New Executive
Office Building, Washington, DC 20503, Fax number: 202-395-6947
and
Colette Pollard, HUD Reports Liaison Officer, Department of Housing
and Urban Development, 451 7th Street SW, Room 2204, Washington, DC
20410
Interested persons may submit comments regarding the information
collection requirements electronically through the Federal eRulemaking
Portal at http://www.regulations.gov. HUD strongly encourages
commenters to submit comments electronically. Electronic submission of
comments allows the commenter maximum time to prepare and submit a
comment, ensures
[[Page 5598]]
timely receipt by HUD, and enables HUD to make them immediately
available to the public. Comments submitted electronically through the
http://www.regulations.gov website can be viewed by other commenters
and interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
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
proposed rule will apply 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 resources in order to provide data and
information needed for the AC process. Consequently, small
manufacturers would benefit most from the provisions of this rule 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, if adopted, would 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.
Notwithstanding HUD's determination that this rule would not have a
significant economic effect on a substantial number of small entities,
HUD specifically invites comments on its Regulatory Impact Analysis,
this certification, and on any less burdensome alternatives to this
rule that will meet HUDs objectives as described in this preamble.
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
proposes to amend 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: 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.
* * * * *
[[Page 5599]]
Attached accessory building or structure means any awning, cabana,
deck, ramada, storage cabinet, carport, fence, windbreak, garage or
porch for which the attachment of such is designed by the home
manufacturer to be structurally supported by the basic 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. Add paragraph (m)(2);
0
b. Redesignate paragraphs (p)(27) through (33) as paragraphs (p)(28)
through (34), respectively, and add new paragraph (p)(27);
0
c. Redesignate paragraphs (aa)(4)(xvi) through (xix) as paragraphs
(aa)(4)(xvii) through (xx), respectively, and add new paragraph
(aa)(4)(xvi); and
0
d. Add paragraphs (aa)(9) and (hh)(23).
The additions read as follows:
Sec. 3280.4 Incorporation by reference.
* * * * *
(m) * * *
(2) ANSI/ASHRAE 62.2--2010 edition, Ventilation and Acceptable
Indoor Air Quality in Low-Rise Residential Buildings, IBR approved for
Sec. 3280.103(d).
* * * * *
(p) * * *
(27) ASTM E 119--2005, Standard Test Method for Fire Tests of
Building Construction and Materials, 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
Detection Equipment, 2015, IBR approved for Sec. 3280.211(a).
* * * * *
(hh) * * *
(23) ANSI/UL 2034--2008 edition, Single and Multiple Station Carbon
Monoxide Alarms, IBR approved for Sec. 3280.211(a).
* * * * *
0
5. In Sec. 3280.5, redesignate paragraphs (d) through (h) as
paragraphs (e) through (i), respectively, and add new paragraph (d) to
read as follows:
Sec. 3280.5 Data plate.
* * * * *
(d) The applicable statement:
This manufactured home IS NOT designed to accommodate the
additional loads imposed by the attachment of an attached accessory
building or structure.
Or
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.
* * * * *
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 --2010 edition,
Ventilation and Acceptable Indoor Air Quality in Low-Rise Residential
Buildings (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)).
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 single-section bathroom passage doors must have a minimum
clear opening width of 23 inches, and multi-section bathroom passage
doors 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 new paragraph (b)
to read as follows:
Sec. 3280.113 Glass and glazed openings.
* * * * *
(b) Glazed openings facing porch areas. 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) 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. The width of spiral stairways shall be in accordance with
paragraph (a)(5) of this section.
(2) Stair treads and risers--(i) Riser height and tread depth. The
maximum riser height must not exceed 7\3/4\ inches
[[Page 5600]]
and the minimum tread depth must not be less than 10 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 (2-percent slope). The greatest
riser height within any flight of stairs must not exceed the smallest
by more than % inch. The greatest tread depth within any flight of
stairs must not exceed the smallest by more than % 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 % 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 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.
(3) 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.
(4) 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.
(5) Spiral stairways. Spiral stairways are permitted provided the
minimum width is a minimum 26 inches with each tread having 7 Y2 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-Y2 inches. Minimum
headroom of 6 feet, 6 inches must be provided.
(6) 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. The width of each
landing must not be less than the stairway served.
(2) A landing or floor must be located on each side of an interior
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
\1/2\-inch provided that thresholds more than \1/4\-inch above the
adjacent floor must be beveled with a slope not steeper than 1 in 2.
(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\-inch 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 is 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.
Required guards must not be constructed with horizontal rails or other
ornamental pattern that result in a ladder effect.
(i) The triangular openings formed by the riser, tread and bottom
rail of a guard at the open side of the stairway must be permitted to
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
[[Page 5601]]
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 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 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 unit.
0
12. Add Sec. 3280.211 to read as follows:
Sec. 3280.211 Carbon monoxide detector requirements.
(a) Carbon monoxide alarm(s) or detector(s) 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
alarm(s) or detector(s) must be installed accordance with the NFPA 720,
Standard for the Installation of Carbon Monoxide Detection Equipment,
2015 edition (incorporated by reference, see Sec. 3280.4) and in
accordance with the installation instructions that accompany the unit.
Each carbon monoxide alarm(s) or detector(s) must be listed and conform
to the requirements of Single and Multiple Station Carbon Monoxide
Alarms, ANSI/UL 2034-2008 edition (incorporated by reference, see Sec.
3280.4).
(b) For each home designed to be placed over a basement, the
manufacturer must provide a carbon monoxide alarm or detector for the
basement and must install the electrical junction box for the
installation of this carbon monoxide alarm or detector for its
interconnection to other alarm(s) or detector(s) required by this
section.
(c) Each required carbon monoxide alarm or detector 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 or detector
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 or
detector must be successfully tested in accordance with this section.
0
13. 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, 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.
(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 Y2 inch gypsum board applied to the garage side
of the manufactured home and the separation must be continuous from the
bottom of the floor to the underside of the roof deck. Garages beneath
habitable rooms must be separated from all habitable rooms by \5/8\-
inch, Type X gypsum board. Where the separation is a floor ceiling
assembly, the structure supporting the separation must also be
protected by not less than Y2 inch gypsum board or equivalent. The
design approval and the manufacturer's installation instructions must
include provision for equivalent vertical separation between the garage
and the space below the manufactured home floor system.
(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) 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 in
the garage.
(g) Installation instructions shall be provided by the home
manufacturer which identifies acceptable attachment locations,
indicates 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.
3285.201 and 3285.401 of this chapter.
0
14. 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 structure to the home's support and anchoring systems.
(b) The design must specify the following home and carport
characteristics including maximum width, maximum sidewall height,
maximum roof slope, live and dead loads, and other design limitations
or restrictions.
(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
rails, the roof trusses must be designed to support the additional live
and dead loads from the carport.
[[Page 5602]]
(1) All splices in the host beam (i.e., ledger board) shall occur
over a stud or framing member designed for the splice. Each end of the
host beam splice (i.e., ledger board) shall be securely fastened to the
stud or framing (cripple) member or to blocking secured to the stud to
allow for adequate fastening of each end of the splice.
(2) 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.
(d) For homes designed for Wind Zones II or III, when a shear wall
occurs within the length of the carport on the carport side of the
home, shear wall and uplift strapping shall be designed to transfer all
imposed loads from the shear wall and carport.
(e) 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).
(f) Installation instructions shall be provided by the home
manufacturer which identifies acceptable attachment locations,
indicates 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. 3285.201 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 and/or cone of influence.
(2) [Reserved]
0
15. Amend Sec. 3280.305 as follows:
0
a. Revise paragraph (a);
0
b. Add a sentence at the end of paragraph (e)(1);
0
c. Revise paragraph (g)(6); and
0
d. Add paragraph (h)(5).
The revisions and additions 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) * * * 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, connections between
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 in stages that assure the inspection is performed
before any work is concealed.
(iv) Listed trusses must be provided as required by the approved
design and installation instructions.
(v) Temporary weather protection must be provided per Sec.
3280.307(e).
* * * * *
0
16. In Sec. 3280.307, add 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.
(2) Methods for on-site completion and finishing of these elements
are included in the approved design.
(3) Complete installation instructions for finishing these elements
are provided.
0
17. In Sec. 3280.504, add paragraph (a)(3) and 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
the requirement in this paragraph (b), the mating wall of each attached
manufactured home must be considered to be an exterior wall.
* * * * *
0
18. 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);
[[Page 5603]]
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 additions 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 mating wall of each
single family attached manufactured home shall be considered an
exterior wall (see subpart K of this part).
* * * * *
0
19. 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
pipe that is not directly connected to a receptor but maintains a
suitable air gap from end of pipe to top of drain.
* * * * *
0
20. In Sec. 3280.608, revise paragraph (b) to read as follows:
Sec. 3280.608 Hangars 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
21. 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 outside of the manufactured home, other than
underneath the home, or to an indirect waste receptor located inside
the manufactured home. 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
22. In Sec. 3280.610, revise paragraph (c)(5) to read as follows:
Sec. 3280.610 Drainage systems.
* * * * *
(c) * * *
(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
23. 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 revision reads 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
24. In Sec. 3280.612, revise 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. The water used for the test must be
obtained from a potable source of supply.
* * * * *
0
25. Amend Sec. 3280.705 as follows:
0
a. Revise paragraph (c)(1);
0
b. In paragraph (j), remove ``shall'' and add in its place ``must''
wherever it appears;
0
c. Revise paragraphs (k), (l)(7), and (l)(8)(i); and
0
d. Add 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 Btuh rating of all intended gas appliances.
[[Page 5604]]
[GRAPHIC] [TIFF OMITTED] TP31JA20.013
(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
by means of hard pipe installed 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
26. 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 of the exhaust duct system is not
required when the following apply:
* * * * *
0
27. 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 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 inspection of the systems for
compliance.
(iv) Approved installation and 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
28. In Sec. 3280.710, revise paragraph (d) to read as follows:
Sec. 3280.710 Venting, ventilation and combustion air.
* * * * *
(d) Venting systems must terminate at least three feet above any
motor-driven air intake discharging into habitable
[[Page 5605]]
areas when located within ten feet of the air intake.
* * * * *
0
29. In Sec. 3280.802, redesignate paragraphs (a)(4) through (41) as
paragraphs (a)(5) through (42) and add new paragraph (a)(4) and
reserved paragraph (b) to read as follows:
Sec. 3280.802 Definitions.
* * * * *
(a) * * *
(4) Attached accessory building or structure means any awning,
cabana, deck, ramada, storage cabinet, carport, fence, windbreak,
garage, or porch for which the attachment of such is designed by the
home manufacturer to be structurally supported by the basic
manufactured home.
* * * * *
0
30. 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
31. 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 the National Electric Code, NFPA No. 70-2005
(incorporated by reference, see Sec. 3280.4). Visual verification is
an acceptable electrical polarity check.
Sec. 3280.902 [Amended]
0
32. In Sec. 3280.902(b), remove ``A frame'' and add in its place
``rigid substructure''.
0
33. 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, 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)[(A) + (B)].
(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 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
34. 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.
[[Page 5606]]
(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 to insure 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 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. 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 assure,
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 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 assuring
that the maximum stopping distance from an initial speed of 20 miles
per hour does not exceed 35 feet in accordance with U.S. Department of
Transportation regulations.
(iii) Electrical brake wiring. Brake wiring must be installed to
provide sufficient operating voltage for each brake. The voltage
available at the brakes 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
35. 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. A wall of an attached manufactured home which
is structurally independent of a wall of another attached manufactured
home with a fire separation distance of less than three feet.
Sec. 3280.1003 Attached manufactured home unit separation.
(a) Separation requirements. Attached manufactured homes must be
separated from each other by a fire separation wall
[[Page 5607]]
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 E119-2005, Standard Test Method for Fire Tests
of Building Construction and Materials (incorporated by reference, see
Sec. 3280.4). Fire resistance rated fire separation wall assemblies
must 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 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. 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 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
36. The authority citation for part 3282 is revised to read as follows:
Authority: 28 U.S.C. 2461 note; 42 U.S.C. 3535(d); 42 U.S.C.
5424.
0
37. 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, fence, windbreak,
garage, or porch for which the attachment of such is designed by the
home manufacturer to be structurally supported by the basic
manufactured home.
* * * * *
0
38. 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 basic
manufactured home to comply with the standards. If the addition of an
add-on or attached accessory building or structure causes the basic
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) Add-ons including an attached accessory building or structure
must be structurally independent. Attachment is for weatherproofing and
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
[[Page 5608]]
to the ground in accordance with part 3285 of this chapter.
* * * * *
0
39. 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 basic 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
40. 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
basic manufactured home to comply with the standards in accordance with
Sec. 3282.8(j) is not governed by this section.
0
41. 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
42. The authority citation for part 3285 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 5403, 5404, and 5424.
0
43. 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, fence, windbreak, garage, or
porch for which attachment of such is designed by the home manufacturer
to be structurally supported by the basic manufactured home.
* * * * *
0
44. 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.
Dated: January 23, 2020.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2020-01473 Filed 1-30-20; 8:45 am]
BILLING CODE 4210-67-P