Manufactured Home Construction and Safety Standards

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DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Parts 3280, 3282, and 3285

[Docket No. FR–6149–F–02]

RIN 2502–AJ49

Manufactured Home Construction and

Safety Standards

AGENCY

: Office of the Assistant

Secretary for Housing—Federal Housing

Commissioner, HUD.

ACTION

: Final rule.

SUMMARY

: This final rule amends the

Federal Manufactured Home

Construction and Safety Standards (the

Construction and Safety Standards) by

adopting recommendations made to

HUD by the Manufactured Housing

Consensus Committee (MHCC), as

modified by HUD. The National

Manufactured Housing Construction

and Safety Standards Act of 1974 (the

Act) requires HUD to publish in the

proposed revised Construction and

Safety Standards submitted by the

MHCC. The MHCC prepared and

submitted to HUD its third group of

recommendations to improve various

aspects of the Construction and Safety

Standards. HUD reviewed those

recommendations and adopted some of

them after making editorial revisions

and some additions. This final rule

further revises the Construction and

Safety Standards based on HUD’s

review and incorporation of certain

public comments.

DATES

: Effective Date: March 15, 2021.

The incorporation by reference of

certain publications listed in the rule is

approved by the Director of the Federal

Register as of March 15, 2021. The

incorporation by reference of certain

other publications listed in the rule was

approved by the Director of the Federal

Register as of August 11, 1987.

FOR FURTHER INFORMATION CONTACT

:

Teresa B. Payne, Administrator, Office

of Manufactured Housing Programs,

Office of Housing, U.S. Department of

Housing and Urban Development, 451

7th Street SW, Washington DC 20410;

telephone 202–402–5365 (this is not a

toll-free number). Persons with hearing

or speech impairments may access this

number via TTY by calling the Federal

Information Relay Service at 800–877–

8389 (this is a toll-free number).

SUPPLEMENTARY INFORMATION

:

I. Background

The National Manufactured Housing

Construction and Safety Standards Act

of 1974 (42 U.S.C. 5401–5426) (the Act)

authorizes HUD to establish and amend

the Federal Manufactured Home

Construction and Safety Standards (the

Construction and Safety Standards)

codified in 24 CFR part 3280. The Act

was amended in 2000 by the

Manufactured Housing Improvement

Act of 2000 (Pub. L. 106–569, approved

December 27, 2000) which established

the Manufactured Housing Consensus

Committee (MHCC), a consensus

committee responsible for providing

HUD recommendations to adopt, revise

and interpret the Construction and

Safety Standards. HUD’s Construction

and Safety Standards apply to the

design, construction, and installation of

new homes. Changes to the collective

standards are not retroactively enforced

by HUD as applicable to previously

designed, built, and installed homes.

As amended, the purposes of the Act

(enumerated at 42 U.S.C. 5401) are: ‘‘(1)

To protect the quality, durability, safety,

and affordability of manufactured

homes; (2) to facilitate the availability of

affordable manufactured homes and to

increase homeownership for all

Americans; (3) to provide for the

establishment of practical, uniform, and,

to the extent possible, performance-

based Federal construction standards for

manufactured homes; (4) to encourage

innovative and cost-effective

construction techniques for

manufactured homes; (5) to protect

residents of manufactured homes with

respect to personal injuries and the

amount of insurance costs and property

damages in manufactured housing

consistent with the other purposes of

this section; (6) to establish a balanced

consensus process for the development,

revision, and interpretation of

Construction and Safety standards for

manufactured homes and related

regulations for the enforcement of such

standards; (7) to ensure uniform and

effective enforcement of Construction

and Safety standards for manufactured

homes; and (8) to ensure that the public

interest in, and need for, affordable

manufactured housing is duly

considered in all determinations

relating to the Federal standards and

their enforcement.’’

In addition, the amended Act

generally requires HUD to establish

Construction and Safety Standards that

are reasonable and practical, meet high

standards of protection, are

performance-based, and are objectively

stated. Congress specifically established

the MHCC to develop proposed

revisions to the Construction and Safety

Standards. The Act provides specific

procedures (42 U.S.C. 5403) for the

MHCC process.

The MHCC held its first meeting in

August 2002 and began work on

reviewing possible revisions to the

Construction and Safety Standards. As

the MHCC proceeded, proposed

revisions to the Construction and Safety

Standards were divided into sets. The

first set of revisions proposed by the

MHCC was published as a final rule in

the Federal Register on November 30,

2005 (70 FR 72024). The second set of

revisions proposed by the MHCC was

published as a final rule published in

the Federal Register on December 9,

2013 (78 FR 73965). This final rule is

based in part on the third set of MHCC

proposals to revise the Construction and

Safety Standards published as a

proposed rule in the Federal Register on

January 31, 2020 (85 FR 5589). The

proposed rule included a MHCC

proposal to revise the Construction and

Safety Standards to reduce the

regulatory burden by eliminating the

need for manufacturers to obtain special

approvals from HUD for certain

construction features and options. HUD

reviewed the MHCC’s proposals and

made editorial revisions prior to

publishing the January 31, 2020,

proposed rule. HUD also added

proposals that complement the MHCC’s

recommendations.

As explained in the January 31, 2020,

proposed rule, HUD decided not to

include certain MHCC

recommendations due to pending

regulations for improving energy

efficiency in manufactured homes being

prepared by the U.S. Department of

Energy (DOE) under the Energy

Independence and Security Act (Pub. L.

110–140, approved December 19, 2007)

(EISA). DOE published a Notice of

Proposed Rulemaking on June 17, 2016

(81 FR 39756) and, more recently, a

Notice of Data Availability, Request for

Information on August 3, 2018 (83 FR

38073) regarding energy conservation

standards for manufactured housing.

Given this DOE rulemaking, HUD

decided to postpone action on MHCC-

proposed revisions to §§ 3280.502 and

3280.506(b), except for the mating wall

of attached manufactured homes at

§ 3280.506(b)—an option that is needed

to avoid a more burdensome alternative

approval process (24 CFR 3282.14—

Alternative construction of

manufactured homes). HUD also

decided not to move forward with a new

proposal to add requirements for

draftstopping to the Construction and

Safety Standards. HUD will not include

or move forward with these

recommendations in this final rule.

II. Changes Made at the Final Rule

Stage

In consideration of the public

comments and HUD’s experience

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implementing the program, HUD has

made certain editorial revisions to

HUD’s proposals made in the January

31, 2020, proposed rule. In general, the

revisions adopt changes to the codified

regulations that reinforce the Act’s

purposes, namely providing benefits to

consumers, homeowners, and the

broader community; promoting and

improving consumer and home safety;

reducing regulatory barriers and

expanding consumer options; and

allowing use of some for the latest

building technologies and materials

while creating more consistency with

State-adopted residential building

codes. HUD declined to adopt some

standards or commenters’ suggested

changes in some instances based on

considerations of the statutorily

prescribed MHCC process, the lack of

authority under the Act for HUD to

regulate design and construction of

certain types of housing, and consumer

safety.

The final rule will revise certain

sections of the Construction and Safety

Standards, as well as the incorporated

reference standards where indicated.

The revisions described below are based

on HUD’s review and consideration of

the public comments on the proposed

rule, HUD’s experience with the

program, the existent Construction and

Standards, and the issues raised in the

proposed rule. The final rule also makes

minor technical edits to the

Construction and Standards.

§ 3280.5 Data Plate

HUD revised § 3280.5 by revising

paragraph (d), pursuant to public

comments, to streamline data entry.

Paragraph (d) now reads, ‘‘(d) This

manufactured home IS designed to

accommodate the additional loads

imposed by the attachment of an

attached accessory building or structure

in accordance with the manufacturer

installation instructions. The additional

loads are in accordance with the design

load(s) identified on this Data Plate; or

This manufactured home IS NOT

designed to accommodate the additional

loads imposed by the attachment of an

attached accessory building or structure

in accordance with the manufacturer

installation instructions.’’ The

appropriate designation may be made

while still setting forth information that

may be used by state and local

authorities that have enforcement

authority for site-built structures that

are not integral to the manufactured

home produced and shipped by the

manufactured home manufacturer. HUD

seeks to preclude a home from being

taken out of compliance when an

attached accessory building or structure

is built and added on at the home site.

§ 3280.108 Interior Passage

HUD revised paragraph (c) in this

section in accordance with the public

comments by creating an exception to

the requirement for doors to closets,

pantries, and doors to toilet

compartments in single-section homes.

Single-section manufactured homes

have a smaller living space when

compared with a multi-section

manufactured home or a typical site-

built home and, thus, closet and pantry

doors should not be subject to the same

clear opening requirements as a multi-

section manufactured home or a typical

site-built home.

§ 3280.114 Stairways

HUD adjusted the rise and run

dimensions based on public comment.

The changes recommended by public

commenters on the proposed rule will

give manufacturers more flexibility

when trying to balance the smaller form-

factor of most homes with consumer

demand for multiple stories. The edits

clarify that the standards do not apply

to exterior stairways that are built at the

home site or stairways to basement areas

that are not designed and built as part

of the manufactured home.

§ 3280.209 Smoke Alarm

Requirements

While HUD did not revise this section

in the proposed rule, a public

commenter recommended that

combination smoke and carbon

monoxide alarms be added as

acceptable devices to parallel the

International Residential Code (IRC).

Furthermore, the changes to this section

are intended to work in conjunction

with the changes to § 3280.211.

§ 3280.211 Carbon Monoxide Detectors

‘‘Alarms’’ and ‘‘detectors’’ are

different items that serve different

purposes. HUD changed references from

‘‘detector’’ to ‘‘alarm’’ in response to

public comment. HUD also revised this

section to include specific locations

where such items must be installed

rather than just referencing the more

general standards, such as the National

Fire Protection Association Standard

720.

§ 3280.212 Factory Constructed or

Site-Built Attached Garages

Public commenters suggested that the

distinction between attached and self-

supported structures be emphasized in

this section. HUD clarified that

paragraph (a) applies only to garages

which are not self-supported and

revised the fire separation requirements

in paragraph (c), including that the

garage must be separated from the home

with appropriate gypsum wallboard or

equivalent. HUD also added paragraph

(h) as suggested by public comment to

include that a site-built, self-supported

garage is considered an add-on subject

to § 3282.8(j)(1) and state and local

authorities.

§ 3280.213 Factory Constructed or

Site-Built Attached Carports

Similar to the previous section, public

commenters also suggested that the

distinction between attached and self-

supported structures be emphasized in

this section. HUD made several changes

to this section based on public

comment, including adding a provision

in paragraph (b) that the manufacturer

may provide the maximum live and

dead loads, and the applied loading

locations that the home is designed to

resist from the carport, and other design

limitations or restrictions.

§ 3280.504 Condensation Control and

Installation of Vapor Retarders

Based on public comment, HUD

clarified the distinction between mating

walls and fire separation walls in

paragraph (b), stating that the fire

separation wall between each attached

manufactured home must be considered

to be an exterior wall pursuant to

subpart K.

§ 3280.609 Water Distribution Systems

In order to better protect residents,

HUD added relief pipe turndown

requirements to this section based on

public comment, stating that exterior

relief drains shall be directed down and

shall terminate between 6″ and 24″

above finished grade. This is high

enough to prevent backflow, but low

enough to reduce the risk of injury or

accident.

§ 3280.705 Gas Piping Systems

HUD eliminated ‘‘hard pipe’’ in

paragraph (I)(8)(iii), to account for a flex

gas connector rather than a quick-

disconnect.

§ 3280.710 Venting, Ventilation, and

Combustion Air

HUD clarified that the placement

restrictions apply to exhausts of fuel

burning appliances and used the

defined term ‘‘habitable rooms’’ in this

section. This provides consistency

across the regulation.

§ 3280.904 Specific Requirements for

Designing the Transportations System

In addition to some language and

grammatical changes, HUD added a

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NYC Buildings, Recognized Accrediting Bodies,

NYC.gov, https://www1.nyc.gov/site/buildings/

industry/recognized-accrediting-bodies.page (last

visited April 20, 2020).

2

Manufactured Housing Consensus Committee,

MHCC Proposed Change Form, http://

mhcc.homeinnovation.com/.

requirement to check weights with the

home in a level position ready for

transport in paragraph (b)(4)(ii), an

explicit reference to the Department of

Transportation’s regulations at 49 CFR

393.52(d) in paragraph (b)(9)(ii)

regarding stopping distance, and textual

changes to paragraph (b)(9)(iii)

regarding electrical brake wiring.

§ 3280.1002 Definitions

In this section, HUD edited the

definition of ‘‘Fire separation wall’’ to

emphasize the separation between

attached manufactured homes.

§ 3280.1003 Attached Manufactured

Home Unit Separation

HUD clarified this section based on

public comment, particularly in

paragraph (a)(1) related to fire

resistance. These edits will help HUD

address minimum fire separation

requirements for common walls of

attached manufactured housing

solutions in the Standards.

III. The Public Comments

The public comment period for the

January 31, 2020, proposed rule closed

on March 31, 2020. HUD received forty-

one (41) public comments in response to

the proposed rule, from various

manufactured home associations, non-

profit organizations, and other

interested parties. This section presents

the significant issues, questions, and

suggestions submitted by public

commenters, and HUD’s responses to

these issues, questions, and suggestions.

Most commenters supported updates

to the Construction and Safety

Standards, and encouraged HUD to

continue working on updates to, and

provided specific recommendations for,

certain sections of the Construction and

Standards. For example, several

commenters supported adding two-

family or two- and three-family

dwelling units to the new Subpart K,

Attached Manufactured Homes and

Special Construction. Some commenters

also suggested deleting or removing

certain changes proposed by HUD. For

example, some commenters opposed or

requested clarification of HUD’s

proposed changes to stair rise and run

requirements, and suggested changes to

create consistency among the Standards’

landing requirements and clarify

whether certain requirements apply to

stairs inside, or inside and outside, the

home.

The following sections summarize the

comments received on the proposed

rule and HUD’s responses:

General Support

The majority of commenters

expressed general support for the

proposed changes as part of HUD’s

effort to update the Construction and

Safety Standards. These commenters

stated that the proposed changes would

benefit homeowners and the broader

community, promote or improve

consumer and home safety, allow use of

the latest building technologies and

materials, create more consistency with

State-adopted residential building codes

for site-built housing, expand consumer

amenity options (including attached

garages, carports, decks and accessory

buildings), help to include two-story

and multifamily guidelines, and

eliminate regulations that impede broad

access to affordable housing. Several

commenters also urged HUD to move

forward with publishing the next set of

proposed updates to address

outstanding items.

HUD Response: HUD agreed with the

commenters that the proposed changes

would provide benefits to consumers,

homeowners, and the broader

community, and help promote the other

purposes and policies of the National

Manufactured Housing Construction

and Safety Standards Act of 1974.

Comment: Testing requirements

should be included but be accredited to

ISO/IEC 17025 or 17020 by accredited

testing laboratories that are signatories

to the International Laboratory

Accreditation Cooperation Mutual

Recognition Arrangement (ILAC MRA).

One commenter stated that several

parts of the proposed rule reference

testing, such as American Society for

Testing and Materials, Standard Test

Methods for Fire Tests of Building

Construction and Materials (ASTM E

119), and recommended that these

laboratory tests be conducted by ISO/

IEC 17025 accredited testing

laboratories so as to be assured that the

testing results are generated by an entity

that has been found to be technically

competent by an independent,

accreditation body. Two commenters

supported testing requirements, but

recommended that these laboratory tests

be accredited to ISO/IEC 17025 or 17020

by accredited testing laboratories that

are signatories to the International

Laboratory Accreditation Cooperation

Mutual Recognition Arrangement (ILAC

MRA), to assure that the testing results

are generated by an entity that has been

found to be technically competent by an

independent accreditation body. One

commenter added that this would allow

HUD to focus resources on program

oversight and/or research for technical

advancements. The commenter

provided a link to an example of

effective models whereby government

agencies rely on ISO/IEC 17020

accreditation programs (https://

www1.nyc.gov/site/buildings/industry/

recognized-accrediting-bodies.page).

1

HUD Response: HUD disagreed with

the commenters. HUD’s regulations at

24 CFR 3280.2 require products to be

listed, certified, or labeled by a

nationally recognized testing laboratory,

inspection agency, or other organization

concerned with product evaluation that

maintains periodic inspection of

production of labeled equipment or

materials, and by whose labeling

indicates compliance with nationally

recognized standards or tests to

determine suitable usage in a specified

manner. HUD also believed that this

recommendation should be submitted

for MHCC review and consideration,

that it is not appropriate for HUD to

integrate these changes at this final rule

stage, and the commenter should make

the proposal through the MHCC process

through the following website: http://

mhcc.homeinnovation.com/.

2

Comment: HUD should adopt

universal design standards.

A commenter who identified as a

person with a disability recommended

that HUD adopt universal design

standards in manufactured home

construction and encourage

communities and housing agencies to

do likewise.

HUD Response: HUD appreciated the

commenter’s perspective that HUD

adopt universal design standards. While

HUD is fully supportive of the need for

affordable and accessible housing, it

noted that universal design can be

accomplished within the minimum

Construction and Safety standards

requirements already codified. Further,

many home manufacturers currently

offer homes designed and constructed to

meet universal design standards without

conflicting with HUD’s current

minimum standards.

General Opposition

Some commenters stated that the

several of the provisions proposed

would increase manufactured home

installers’ liability and responsibility if

the proposed rule is advanced without

significant change. The commenters

stated home installers were not

included in deliberations, and, as such,

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U.S. Department of Housing and Urban

Development, PIA Responsibility for Documents

Required to be Provided with the Mobile Home,

HUD.gov, https://www.hud.gov/sites/dfiles/

OCHCO/documents/EIB-H-1-77.pdf.

4

Manufactured Housing Consensus Committee,

MHCC Proposed Change Form, http://

mhcc.homeinnovation.com/.

5

84 FR 55235 (Oct. 15, 2019).

HUD should not move forward with this

rule.

HUD Response: HUD disagreed with

the commenter that manufactured home

installers were not included in

deliberations. The MHCC membership

has included and continues to include

representation from at least one

individual with manufactured home

installer interest. The MHCC process is

administered in an open format in

which any member of the public,

including manufactured home

installers, may participate and address

the Committee, as well as propose

changes for MHCC review. All such

meetings are published in the Federal

Register at least 30 days in advance of

meetings.

Comment: Manufacturer

Documentation.

One commenter stated that the

proposed rule’s requirements for the

manufacturer to provide documentation

poses problems, because HUD does not

require inspection agencies to check any

of the documents the manufacturer

provides in the home. The commenter

stated this situation resulted from

HUD’s Interpretative Bulletin H–1–77,

3

which the commenter asserted

complicates several proposed changes,

namely those at §§ 3280.212, 3280.213,

3280.612, and 3280.709. The commenter

stated that if the proposed rule becomes

final, HUD should rescind Interpretive

Bulletin H–1–77 to account for the

installation program loophole and the

failure to provide assurance that the

proper documentation would be

shipped with the home. Another

commenter stated a concern with

potential liability for installation work

related to accessory buildings and other

on-site installation, such as certain

appliances the proposed rule states can

be shipped ‘‘loose’’ to the homesite.

According to the commenter, to ensure

that the end buyer or resident of the

home has a home that has been safely

manufactured, transported, and

installed, it is vital that all installation

documentation is shipped with and

remains with the home.

HUD Response: HUD is aware that

standards for some construction features

that are addressed in this rulemaking

affect the installation process and

therefore impact the responsibilities of

home installers. All construction

features included in this final rule were

previously available through the

Alternative Construction process and in

all instances where an Alternative

Construction letter had been issued,

HUD required specific documentation to

be provided with each affected

manufactured home, including

installation instructions. The same or

similar documentation would continue

to be required pursuant to the

requirement for manufacturers to

provide installation instructions in

accordance with 24 CFR 3280.306(b)

and 24 CFR 3285.2. Further, the home

manufacturer instructions must provide

minimum installation specifications so

that the home is not taken out of

compliance with the Construction and

Standards and meets the Model

Manufactured Home Installation

Standards. These instructions are

reviewed and approved by HUD-

approved Design Approval Primary

Inspection Agencies (DAPIA) and

manufacturers are required to provide

the instructions with each manufactured

home.

HUD also disagreed with the

commenter that requiring the

manufacturer to provide the

instructions, without requiring an

inspection to verify the instructions are

shipped with the home, complicates

matters or otherwise poses risks to

consumer health and safety. The

manufacturers’ installation instructions

and documentation are required to be

reviewed and approved by its DAPIA to

help ensure conformance. Further, it is

the manufacturers’ responsibility to

ensure that each home is provided with

installation instructions and associated

documentation as approved by its

DAPIA. DAPIA-approved quality

assurance manuals typically require

manufacturer verification for the

shipment of the installation

instructions. It is the IPIA’s

responsibility to ensure the

effectiveness of the quality assurance

manuals. HUD may review and

reconsider this matter further should

evidence showing appropriate

installation instructions are not being

shipped with manufactured homes. The

commenter(s) should submit proposed

regulatory text through the MHCC

process at http://

mhcc.homeinnovation.com/ so that the

matter is reviewed by the MHCC.

4

Comment: HUD should not use sub-

regulatory guidance to establish

Construction and Safety standards.

A commenter stated that HUD should

repudiate the use of sub-regulatory

‘‘guidance’’ or ‘‘field guidance’’

memoranda and documents to establish

de-facto manufactured housing

‘‘standards.’’

HUD Response: HUD is currently

implementing Executive Order 13891,

Promoting the Rule of Law Through

Improved Agency Guidance

Documents,

5

and this comment is not

applicable to any aspect addressed in

this rulemaking.

Comment: HUD should not provide

competitive advantage to any housing

type.

Another commenter expressed

concern regarding any policy that may

give one housing type an unwarranted

competitive advantage and risks the

occupants’ health and safety. The

commenter stated HUD should refrain

from making any changes that would

result in furthering the divide between

the code requirements for manufactured

homes and those that apply to homes

that are stick-built or built using

engineered building systems. The

commenter urged HUD to maintain this

balance and continue to facilitate

consumer choice by ensuring that

regulatory reform efforts do not favor

manufactured homes over other

residences, leading to consumer

confusion and unfair marketplace

competition.

HUD Response: HUD’s authority to

develop and implement standards is

applicable only to homes meeting the

statutory definition of a manufactured

home. However, this rulemaking brings

the Standards in closer alignment to

standards imposed for other types of

housing.

Comment: HUD has no authority to

establish standards for structures

attached to a manufactured home.

A commenter stated that HUD defined

‘‘manufactured housing’’ narrowly in

§ 3280.2 to mean a structure built on a

permanent chassis and designed to be

used as a dwelling. The commenter

stated that while HUD has authority to

establish requirements applicable to

components within the chassis, it does

not have the authority to establish

standards for items outside or apart

from the chassis. Rather, authority to

regulate these structures rests with state

and local authorities and their building

code requirements and inspection

protocols. ‘‘Add-on or accessory

buildings or structures’’ are not built on

a permanent chassis. Section 3285.903

provides conditions where add-on or

attached accessory buildings or

structures may be installed, but again

fails to designate inspection

responsibilities. The definition for

‘‘Attached accessory building or

structure’’ proposed for addition to

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§§ 3280.2 and 3285.5 further adds to the

confusion indicating that it includes

such items when they are designed for

attachment and structural support from

the manufactured home.

HUD Response: HUD’s standards

developed and implemented through

this rulemaking are not intended to

apply to the design and construction of

site-built structures, including add-ons

(in other words, the site-built garage, or

the site-built carport). However, the

standards and regulations established

through this rulemaking do apply to the

design and construction of the

manufactured home, when the home is

designed to have an attached accessory

structure, such as the garage, carport, or

similar add-on. The requirements

established are to ensure that the

manufactured home will continue to

comply with the Construction and

Safety Standards and that the residents’

health and safety will be protected

through means such as adequate

structural load design and minimum fire

separation and other requirements when

applicable. The design, construction,

and inspection of the attached accessory

structure (site-built garage, site-built

carport, or other site-built add-on)

remains subject to any applicable state

and or local requirements.

Subpart A, General

§ 3280.2 Definitions

One commenter opposed the

definition change to ‘‘attached accessory

building or structure,’’ while another

commenter supported the proposed

changes. Some commenters stated that

proposed definition of ‘‘Attached

accessory building or structure’’ fails to

include stairs, which are needed for

entry in almost every manufactured

home.

One commenter further stated that the

proposed rule would require that the

‘‘basic manufactured home’’ be designed

for the attachment of these structures.

This does not address the need for the

manufacturers to modify their

installation instructions to reflect the

added weight and wind load that added

structures would impose on the home’s

foundation.

Another commenter stated that the

definition appears to open the flood

gates for other additions to a

manufactured home which can affect

egress requirements as well as alter the

electric, heating, plumbing and other

systems. The commenter provided

examples; awnings, porches, and

ramadas typically are identified as a

covered area projecting in front of an

entrance, while cabanas are defined as

a cabin, hut, or shelter, and garages are

defined as a ‘‘building’’ for housing a

motor vehicle. The commenter stated

that these are totally separate structures

which affect the home differently and

can create safety hazards. The

commenter suggested that the proposal

should be rewritten, and garages should

be addressed separately.

A commenter stated that the term

‘‘basic manufactured home’’ is not

defined and pre-supposing that there is

such a thing as a ‘‘non-basic

manufactured home.’’ If this is the case,

HUD should clearly indicate what they

mean by these terms and how the

construction and safety standards would

apply. The commenter contended that

regardless of HUD’s differentiation in

this case, the manufactured housing

Construction and Safety standards

should be applied consistently and any

manufactured home, whether deemed

‘‘basic’’ or ‘‘non-basic’’ be clearly

marketed as a manufactured home to

avoid customer confusion and an

expectation of the product being

received.

HUD Response: HUD disagreed with

commenters stating that HUD should

establish requirements for stairs external

to the manufactured home, which are

needed for entry in most manufactured

homes. HUD’s established standards

only govern the design and construction

of the manufactured home, including all

provisions addressed by this

rulemaking. Requirements for external

stairs that are necessary to provide entry

to the homes remain subject to design

and construction requirements of state

and local jurisdictions as they are not

intended to increase the living or

storage area of the manufactured home

and are dependent upon the siting and

installation of each individual home

which may vary by model, lot size,

topography, and other aspects.

HUD agreed with the commenter

stating that the proposed rule would

require that the manufactured home be

designed for the attachment of these

site-built structures. However, HUD

disagreed that the manufacturer would

not be required to provide installation

instructions that reflect the added

weight and wind load that an added

structure would impose on the home’s

foundation. HUD’s standards, set forth

at § 3285.903, require accessory

structures to be structurally

independent unless the attached

accessory building or structure is

otherwise included in the installation

instructions or designed by a registered

professional engineer or registered

architect. Further, the changes to the

Data Plate specifically identify when the

home is designed for an attached

accessory structure, and if so, the loads

the home has been designed to

accommodate (see § 3280.5).

HUD disagreed with the comment

suggesting that the definition of

accessory building or structure is too

broad. The Construction and Safety

standards address the design and

construction of the manufactured home

and do not address the design,

construction, placement, or other

standards for the design and

construction of the accessory

structure(s). Further, state and local

authorities may verify that a home has

been designed for an attached accessory

structure by verifying such information

available on the Data Plate. HUD agreed

with the commenter that the term ‘‘basic

manufactured home’’ is not defined;

therefore, ‘‘basic’’ has been removed.

§ 3280.5 Data Plate

One commenter opposed the

proposed rule’s changes to the Data

Plate language and another commenter

supported the proposed changes. Some

commenters agreed, however, that

certain modifications to the Data Plate

definition should be made: The Data

Plate indicates whether the home is

designed to accommodate an add on,

accessory building, and the like, and the

Data Plate and other documentation

should document the weight, size, and

other limits the manufactured home can

support. Failure to require additional

information will lead to confusion and

result in many homes being stressed

beyond their designs limits and

therefore lead to structural failure.

Another commenter stated that the

manufacturer should be required to

identify the maximum loads applied to

the floor system, wall system, roof

system and support system.

Another commenter suggested HUD

delete the first paragraph of the

applicable statement in § 3280.5(d). This

and another commenter recommended

HUD revise the second paragraph to

include a checkbox for ‘‘is’’ or ‘‘is not’’

similar to current language for

§ 3280.5(g) to reduce language and

clutter on home Data Plates. One

commenter explained that this

alternative would still capture the intent

of HUD’s proposal, while preserving

space on the Data Plate for future

statements or other required disclosures.

The commenters proposed significant

changes to HUD’s proposed regulatory

text.

HUD Response: HUD considered all

comments received on the requirements

for the Data Plate and made minor

changes to reflect and accommodate

some of the comments. Through the

language on the Date Plate, HUD is

trying to provide information to the

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The states referenced by the commenter were:

IL, IN, KY, ME, MD, MA, MT, NJ, ND, OH, OR, PA,

Continued

consumers, retailers, installers, and

local authorities about the design and

construction of the home that may help

prevent a home from being taken out of

compliance when an attached accessory

building or structure is built and added

on at the home site. Further, the Data

Plate provides information that may be

used by state and local authorities that

have enforcement authority for site-built

structures that are not integral to the

manufactured home produced and

shipped by the manufactured home

manufacturer.

Subpart B, Planning Considerations

One commenter stated that HUD

proposed to adopt a superseded MHCC

recommendation concerning

ventilation. HUD has proposed to

authorize manufacturers’ compliance

with the 2010 edition of American

Society of Heating, Refrigeration, and

Air-Conditioning Engineers

(‘‘ASHRAE’’) Standard 62.2,

‘‘Ventilation and Acceptable Indoor Air

Quality in Low-Rise Residential

Buildings,’’ as an alternative to the

prescriptive ventilation requirements in

§ 3280.103(b) and (c). The proposed rule

ignores that more than four years ago,

the MHCC updated its recommended

acceptance of ASHRAE Standard 62.2 to

refer to the 2013 version. Adopting the

more recent version of the ASHRAE

standard in this rulemaking would

avoid the need for an additional change

to the regulations later to update the

reference.

HUD Response: HUD understands

that the MHCC continues to provide

recommendations that may be more

recent than those published in proposed

rules, including updates to the

referenced ASHRAE Standard 62.2.

Generally, HUD finalizes

recommendations in the order received

to avoid selective choice, minimize

confusion, and so that full and complete

impact analyses can be conducted

specific to the various groups of

recommendations provide by the

MHCC.

§ 3280.103 Light and Ventilation

One commenter supported the

removal of the maximum 90 cubic feet

per minute fan requirement, which will

allow the commenter to increase the

size of homes built to accommodate

larger families, which commenter stated

will allow more families to live in safe,

affordable homes with the modern

amenities they desire.

Another commenter expressed

concern that using the Standards and

eliminating the alternative construction

(AC) process for manufactured housing

that utilizes design elements of site-built

homes could affect the manufactured

housing occupants’ health and safety.

The commenter urged HUD to keep the

AC process in place for design features

that could affect the manufactured

home’s structural integrity and safety,

including attached homes (i.e., zero lot

line), multi-story homes, and attached

carports and garages. The commenter

continued that blurring the line between

what is manufactured housing and what

is site-built housing could mislead

homebuyers, and that manufactured

housing that emulates site-built

elements should be held to the same

inspection and building standards as

site-built homes. The commenter urged

HUD to require attached units to meet

all state and local building codes,

including higher energy standards,

required for conventionally built

housing.

HUD Response: HUD’s minimum

requirements established for attached

homes (i.e., zero lot line) and multi-

story homes do not change the

definition of a manufactured home or

impact the requirement that every

transportable section of a manufactured

home bear a manufacturer’s certification

label. Through this rulemaking, HUD is

codifying requirements previously set

forth through Alternative Construction

requirements; thereby, accounting for

consumer safety. All regulatory aspects

of the program, including design review

and inspections, remain in place for all

manufactured homes built under this

federal program. HUD believes the

minimum standards established and

enforced for these construction options

provide benefits to all segments of the

industry while protecting consumers’

health and safety. Further updates to the

referenced ASHRAE Standard 62.2 may

be addressed in future rulemaking.

§ 3280.108 Interior Passage

Several commenters agreed that

clarification was needed regarding to

which doors the 27-inch requirement

applies. One commenter stated that

closet doors (including walk-in closets)

and pantry doors are less than 27-

inches, typically 24-inches or less.

Another commenter stated that it has

several floor plans with closet and

pantry openings less than 27-inches and

uses 24-inches for water heater and

furnace compartments and 16-inches for

linen and coat closets. The commenters

stated that they would need to make

significant changes to floor plan designs

to accommodate HUD’s proposal, and

one commenter explained this would

add costs to the home, drive up

affordable housing costs, and financially

burden the commenter. One commenter

suggested clarifying that the minimum

clear opening requirement of 27-inches

only apply to passage doors in a

manufactured home.

Some commenters suggested adding

exclusions for closet, pantry, coat closet,

linen closet, and toilet compartment

doors and other spaces where the intent

is to ‘‘reach in’’ and access an item. The

commenters explained that closet and

pantry doors, unlike a bedroom door,

are not considered passage doors.

Further, single-section manufactured

homes have a smaller living space when

compared with a multi-section

manufactured home or a typical site-

built home. Given that living space is at

a premium in single-section homes,

closet and pantry doors should not be

subject to the same clear opening

requirements.

HUD Response: HUD agreed with the

comments and revised the standard

accordingly.

§ 3280.111 Toilet compartments

Two commenters suggested revising

language in paragraph (b) to clarify the

regulatory intent that the section refers

to bathroom passage doors in single-

section and multi-section homes. For

example, the term ‘‘single-section’’

should modify ‘‘home,’’ not

‘‘bathroom.’’

HUD Response: HUD agreed with the

comments and revised the standard

accordingly.

§ 3280.114 Stairways

Comments: Riser Height, Tread Depth,

and Consistency.

Several commenters opposed HUD’s

proposed changes to stair rise and run

requirements. Some commenters noted

that, as written, the proposal would

conflict with existing state and local

requirements and require manufactured

home communities to replace existing

inventory of prefabricated landings and

stairs. Another commenter stated that

the stair rise and run in HUD’s proposed

rule would not allow stairs to be run

parallel with the width of many homes,

which would eliminate many floor plan

options and adversely penalize

manufactured home builders.

One commenter stated that,

§ 3280.114(a)(2)(i), 7″ risers and 10″

treads would cause stairway openings to

be larger to the point where some floor

plans would no longer accommodate a

stairway. Some commenters suggested

HUD use 8″ or 8.25″ for the maximum

rise and 9″ for the minimum tread,

which are figures that thirteen states

accept.

6

One commenter also suggested

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WI and WY. The commenter also referenced a

change to the Indiana Code; see Indiana Department

of Homeland Security, Proposal for Code Change

43, IN.gov (May 9, 2018) (proposals 49 and 50),

https://www.in.gov/dhs/files/IRCC%27s%20

Final%20Approved%20Amendments%20

to%202018%20IRC%20(Part%201)%20-

%20Accepted%20by%20FPBSC%202-5-19.pdf.

HUD change ‘‘%’’ to ‘‘

3

⁄

8

inch’’ in

§ 3280.114(a)(2)(i), and change ‘‘%’’ to

‘‘

3

⁄

4

inch’’ in § 3280.114(a)(2)(ii). This

commenter also suggested changing

‘‘Y2’’ to ‘‘

1

⁄

2

inch’’ in paragraph (a)(5).

According to another commenter, the

maximum riser height and minimum

tread depth should be changed to 8

1

⁄

4

inches and 9 inches in § 3280.114

(a)(2)(i). HUD’s proposed requirements

would almost eliminate stairway

designs that run parallel with the width

of a traditional manufactured home.

This commenter’s rationale for the

recommended change included giving

manufacturers more flexibility when

trying to balance the smaller form-factor

of most homes with consumer demand

for multiple stories.

HUD Response: Regarding riser height

and tread depth, HUD reviewed several

state building codes referenced in

public comments and has made changes

to riser height and tread depth

consistent with those requirements

found in many state building codes and

in accordance with the comments

received.

Comments: Interior and Exterior

Stairs.

Several commenters stated that HUD

should clarify whether the requirements

apply to stairs inside, or inside and

outside, the home or commented on

whether the requirements should apply

to these different sets of stairs. One

commenter stated that requirements for

stairways and related design features

should focus only on stairways placed

inside the manufactured home, and the

section title should be changed to

‘‘Stairways Inside the Manufactured

Home.’’ Another commenter stated that

the proposed changes to paragraph (a)(2)

addresses interior stairways and exterior

stairways; the commenter suggested

revising the proposal to address interior

steps only. According to the commenter,

states and local municipalities establish

stair geometry to which first responders

are already accustomed, and to require

smaller riser heights and larger treads

may create a hazard.

Another commenter supported the

addition of language to define

requirements for stairways, landings,

handrails, guards, and stairway

illumination, however, the commenter

suggested the language should detail if

it covers interior stairways, exterior

stairways, or both.

Another commenter suggested

striking paragraph (b)(2) in its entirety

because it partially conflicts with

paragraph (b)(1), or, if HUD disagreed

with striking (b)(2), revising (b)(2) as

follows to streamline and clarify

requirements: ‘‘A landing or floor must

be located on each side of an exterior

doorway and the width of each landing

must not be less than the door it serves.

The maximum threshold height above

the floor or landing must be 1

1

⁄

2

inches.’’ Given that paragraph (b)(1)

addresses interior stairways, doors, and

landings (with exception for certain

basement applications), the commenter

assumed that paragraph (b)(2) must be

intended for exterior applications,

which is the basis for the suggested

edits.

Two commenters suggested HUD

delete paragraph (e)(2) entirely, since

exterior stairs are not constructed

within the building facility and more

appropriately fit under the HUD Code’s

Model Manufactured Home Installation

Standards. A commenter explained that

exterior stairs would be subject to state

and local building code and health-

safety requirements. If HUD’s exterior

illumination requirements conflict with

state or local requirements, it would

only cause confusion within the

industry and may put consumers at risk.

Comment: Guard Rails.

Some commenters also suggested, for

§ 3280.114(d)(1), that the proposed load

requirements only apply to guards more

than 42″ above the floor grade below, to

prevent driving up housing costs

without providing significant increased

safety protection. When a manufactured

home includes a porch or similar

feature, once installed, it is usually

between 30 and 42 inches above the

lower floor, and there is no evidence of

increased injury from a fall as a result

of a guard failure that is 42 or fewer

inches from grade. The commenters

provided regulatory text edits, and

stated that a 30-inch guard rail

structural requirement would increase

the cost of each single-section home

with a modest porch by $500, or more

for larger homes, which undermines

HUD’s efforts to preserve manufactured

housing affordability.

The commenters further stated HUD

should remove the language regarding

the horizontal rail restriction in

paragraph (d)(2), which HUD has not

backed with a significant health-safety

concern as justification and which

would restrict designs and add

unnecessary cost. This restriction is not

found in the International Residential

Code (IRC), which only prohibits the

passage of a four-inch sphere and would

result in a restriction for manufactured

home builders that does not exist for

site-built home builders. One

commenter stated that IRC Table

R301.1.5 does not require the 200 pound

concentrated load to be applied with

any other loads and, therefore, the word

‘‘not’’ should be added after ‘‘this load’’

in the last sentence of paragraph

(d)(2)(ii). Another commenter agreed

and added that this makes (d)(2)(ii)

consistent with the last sentence in

paragraph (c)(5).

Comment: Lighting.

For § 3280.114(e)(1), one commenter

stated that HUD should delete the

requirement for artificial light to be not

less than one-foot-candle at the center of

treads and landing and require only a

light above stairways and landings

because the commenter was not aware

of a test method. Another commenter

suggested a prescriptive method to

simplify compliance with interior stair

lighting. Lumens required for a 3 feet

wide x 9 feet vertical stair would be 3

feet x 11.67 feet x 1 foot-candle = ∼35

Lumens. One 60-watt incandescent bulb

or 10-Watt A19 LED provides about 840

lumens which is more than adequate.

Another commenter recommended

HUD add a prescriptive lighting

standard as an alternative compliance

option. The proposed illumination

requirement of ‘‘not less than one (1)

foot-candle measured at the center of

treads and landings’’ creates a new test

requirement, but it is unclear who is

responsible for performing the test and

assessing compliance. Without an

explanation of the test parameters and

how the test would be administered, the

commenter was concerned this

provision would be inconsistently

enforced. As an alternative, the

commenter recommended that HUD

introduce a minimum standard for

illumination.

HUD Response: Generally, HUD

agreed with most comments and made

changes to the standards for stairways

including revisions to riser height and

tread depth (§ 3280.114(a)(2),

clarification of interior and exterior

consideration (§§ 3280.114(a) and

3280.114(b)), provisions for landings

(§ 3280.114(b)), and handrails

(§ 3280.114(c)).

HUD also modified the standard in

multiple places so that the text reflects

HUD’s regulatory authority for design

and construction of the home and its

lack of authority to regulate stairways

that are designed by others and built at

the home’s site necessary for access and

egress from the entry and exit points of

the homes. HUD also disagreed with

some commenters, as the requirements

in § 3280.112 only apply to stairways

integral to the manufactured home, such

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as those necessary for multi-story or

multi-level manufactured home floors or

for stairs that are not inside the home

but may be necessary for multi-level

manufacturer designed and constructed

porches designed and built in the home

building factory as an integral feature of

the manufactured home. Further,

requirements for external or exterior

stairs that provide entry and exit and are

built at the home site are subject to state

and or local authority and any such

reference otherwise has been removed.

HUD modified the standards related

to landings removing duplicative

language, clarifying interior versus

exterior provisions, and threshold

height.

HUD also modified the standard

regarding handrails to be consistent

with requirements for handrails

(removal of ladder effect restriction)

identified in other building codes for

other residential structures. However,

HUD disagreed with comments that

would have changed the load

requirements for guard systems to apply

only to guards above 42 inches above

floor grade.

The changes effected by this rule are

generally consistent with other

residential codes enforced nationwide.

However, the load requirement of 20

pounds per square foot is significantly

less than the load required by many

states for similar guard systems.

After consideration of the public

comments, HUD has not changed the

stairway and landing illumination

requirements from the proposed rule as

commented by multiple commenters.

The requirements, as published, are

consistent with state and local standards

and compliance remains, as with all

other standards, the responsibility of the

home manufacturer. In section I. of the

preamble to this rule, HUD clarified that

all standards in this rule are not

retroactive and apply only to newly

constructed homes that enter the first

phase or stage of production on and

after the effective date of the rule.

Further changes, such as those proposed

by some commenters, should be

proposed for review by the MHCC so

that consensus review of those proposed

changes is made as envisioned by the

Act. It is not appropriate for HUD to

integrate these changes at the final rule

stage.

Subpart C, Fire Safety

§ 3280.209 Smoke Alarm

Requirements

One commenter recommended HUD

revise § 3280.209, a section not

addressed in the proposed rule. The

commenter stated that HUD should add

combination smoke and carbon

monoxide alarms as acceptable devices

just as they are in IRC sections R314.1.1

and R314.5.

HUD Response: HUD agreed with the

commenter and made the corresponding

change.

§ 3280.211 Carbon Monoxide Detectors

Some commenters supported

incorporating carbon monoxide

requirements into the Standards to

protect consumer health and safety. One

commenter noted that the MHCC made

this recommendation in 2009 and HUD

should have adopted it some time ago.

One commenter suggested HUD

should revise § 3280.211 to include

specific location requirements like

smoke alarms, instead of referencing the

National Fire Protection Association

(NFPA) Standard 720.

Some commenters stated that the

proposed rule’s coverage of CO alarm

requirements would be insufficient

under the new § 3280.211 in protecting

occupants of manufactured housing

because of its limited coverage. All

manufactured housing should have CO

alarms and not just those with fuel-fired

appliances, designed for installing

attached garages, or designed for

installation over basements. While the

new § 3280.211 would be consistent

with occupancy-related installation

requirements of IRC Section R315, these

requirements provide no direct

protection for occupants of

manufactured homes except where

coincident housing-related factors of

installed fuel-fired appliances, designs

for installing attached garages, or

designs for installation over basements

were relevant. Furthermore, the

proposed § 3280.211 requirements

would not protect occupants where

other sources such as use of portable

heating appliances or from misuse of

charcoal grills indoors (both reflected in

CO incident data) following completion

of manufactured housing installation

and commissioning. Occupants of ‘‘all-

electric’’ homes may be particularly

vulnerable during periods of electrical

outage. The comment provided

instances of harm caused by carbon

monoxide.

One commenter commended HUD for

recognizing the importance of requiring

carbon monoxide detectors consistent

with the IRC’s requirements. Through

incorporation into the Construction and

Safety Standards, HUD relieves local

officials from conducting additional

inspections and potential re-work post

installation to comply with local

requirements.

Another commenter stated that HUD’s

proposed carbon monoxide

requirements should align more closely

with similar requirements in other

building codes, such as the IRC’s.

Specifically, the commenter’s

suggestions include: Specifying the

required locations where carbon

monoxide alarms must be installed (for

example, alarms should be required

outside each separate sleeping area or in

the immediate vicinity of any

bedrooms); requiring interconnectivity

between alarms, because when more

than one alarm is installed in a home,

the actuation of one alarm should

activate all alarms; specifying how each

alarm must be powered, because the

home’s electrical system should be the

primary power source, with batteries as

a secondary, reserve power source; and

clarifying that the Standards would

allow combination carbon monoxide

and smoke alarms to keep pace with

consumer demand. Another commenter

(0023) also supported this change.

According to the commenter, HUD

should clarify that combination alarms

are acceptable to ensure the industry

continues to keep pace with consumer

demand. The commenter also suggested

amending § 3280.209 to ensure the

sections cross-reference each other.

Comment: Alarms versus Detectors.

Some commenters stated that the

word ‘‘detector’’ should not be used and

suggested using ‘‘alarms’’ to be

consistent with other codes and striking

the word ‘‘detector’’ wherever it occurs,

because alarms and detectors are

distinct concepts. Alarms are self-

contained, single, or multi-station

sensing devices that detect a given event

and sound an audible or visual alarm.

Detectors are sensing devices that must

be connected to a separate alarm system,

rather than self-contained systems. One

commenter stated that standards do not

include requirements for transmitting

detection devices to an alarm control

unit as would be necessary with

detector devices. The commenter

recommended removing the standard

versions in specific code sections which

are incorporated by reference in

§ 3280.4, which will allow for

simplified future updates and is a

common practice for incorporating

building code standards into regulations

and laws. The commenter

recommended removing the reference to

ANSI/UL 2034, which may not be

readily available and incorporate

location requirements within this

section.

HUD Response: HUD agreed with

many comments and has modified the

Construction and Safety Standards to

address combination alarms, integration

of specific location requirements, and

removal of references to ‘‘detector.’’

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7

See, e.g., June 12, 2014 HUD Guidance

Memorandum (‘‘Construction of On-Site

installation of Add-Ons Such as an Attached

Garage’’); and November 10, 2014 HUD Guidance

Memorandum (‘‘Additional DAPIA Guidance for

Review and Processing of Manufacturers

Alternative Construction Requests for Attached

Garages’’).

HUD also notes that updating specific

editions of referenced standards may

require notice and comment and as

such, will remain for the time-being.

HUD also disagreed with some

commenters that proposed to require

carbon monoxide alarms in all homes,

regardless of whether the home as fuel-

burning appliances, an attached garage,

or designed for installation over a

basement. HUD’s standards are

consistent with state and local standards

for residential construction. Should the

commenter wish to pursue requirements

for carbon monoxide alarms in all

homes, the commenter is encouraged to

submit the proposed change to the

MHCC for review and deliberation by

the Committee. It is not appropriate for

HUD to integrate these changes at the

final rule stage.

Subpart C, Fire Safety, Attached

Garages

§ 3280.212 Factory Constructed or

Site-Built Attached Garages

One commenter noted that HUD’s

current policy, to not require the IPIA to

inspect documents shipped with the

manufactured home (under Interpretive

Bulletin H–1–77), conflicts with

proposed paragraph (g)—there is no

assurance that the manufacturer would

be including these additional

instructions.

A commenter stated that the proposed

rule leaves it unclear as to when a

garage is to be added to the home.

Another commenter stated that HUD

should clarify that paragraph (a) applies

only to garages which are not self-

supported. One commenter supported

HUD’s actions to remove the issue of

attached garages and carports from the

costly AC process. The commenter

stated that the proposed standards and

regulations would effectively obviate

previous sub-regulatory HUD

‘‘guidance’’ memoranda which

mandated the approval of attached

garage and ‘‘add-on’’-ready

manufactured homes via the AC process

set forth at § 3282.14.

7

Several commenters stated that HUD

should revise the proposed fire

separation requirements. A commenter

stated HUD should require that gypsum

be added on site to meet the fire

separation requirement. Installing

gypsum on the exterior of a home in the

factory would not be a durable enough

exterior finish for storage and shipping.

Another commenter agreed and stated

that paragraph (c) needs to be clarified

so that fire separation between the

garage and the home may be completed

on-site. Site-installed dormers at the

garage in addition to floor-to-foundation

fire separation will be required to be

completed on-site and it would be

advantageous to run all separation at

that time to ensure proper alignment

with the garage. Paragraph (c)(1) should

also be clarified to allow gypsum

required to meet separation to be either

factory or site installed and allowance

for products equivalent to

1

⁄

2

″ gypsum

should be added.

One commenter stated that in

§ 3280.212(g) the reference to §3285.201

should be changed to § 3285.301. The

commenter proposed that a new

paragraph (h) be added because a site-

built, self-supported garage is

considered an add-on per § 3282.8(j)(1)

and does not affect the ability of the

manufactured home to comply with the

Construction and Standards.

Another commenter stated the

Standards should be consistent with

other building codes, such as the IRC.

Instead of requiring that the fire

separation be continuous from beneath

the floor, through the attic space, to the

underside of the roof sheathing/decking,

the Standards should only state that the

garage must be separated from the home

with appropriate gypsum wallboard or

equivalent. Manufacturers can

determine whether the fire separation

should be continuous from the floor,

through the attic space, to the roof

sheathing or decking or if it is more

appropriate to envelop the structure’s

garage side. Other building codes leave

this to the builder’s discretion and so

should the Standards.

The commenter continued that HUD’s

proposed rule for factory or site

construction of attached garages should

emphasize the distinction between

attached and self-supported structures.

HUD should also revisit the fire

separation requirements for attached

garages. The commenter’s suggested

edits included clarifying that attached

garages are not self-supported. Further,

when a garage would be attached to and

supported by the home, manufacturers

should only be required to comply with

the Standards’ load provisions. They

should not be expected to build homes

that also meet the specific requirements

of the various state and local

jurisdictions, and confirming that a site-

built, self-supported garage is

considered an add-on and clarifying that

add-ons do not affect a manufactured

home’s ability to comply with the

Standards.

According to one commenter, the

guidance provided in §§ 3280.212,

3280.213, 3282.8(j), and 3285.903(c)

(Attached Garages, Carports and Add-

Ons) appears contradictory and

confusing. Sections 3280.212 and

3280.213 provide guidance on how

manufactured housing should be

prepared for the addition of garages and

carports which is clearly within the

scope of the Federal standards. These

sections, along with § 3282.8, discuss

load paths, providing conflicting

information on where loads should be

transferred. If the intent is to offer

options, then the sections should be

presented with an ‘‘or’’ statement to

indicate they are options, as is included

in the Data Plate requirements of

§ 3280.5. The commenter said who bears

responsibility for approval and

inspection of these attached accessory

buildings and structures should also be

clarified. According to the commenter,

these structures should comply with the

local building code and be inspected to

that code by the local jurisdiction, given

their designation as ‘‘attached buildings

or structures’’ and not the extension of

the manufactured home.

HUD Response: HUD agreed with

most comments and has accepted all

suggested textual changes to the

standards that were submitted by the

public. HUD modified the final

Construction and Safety Standards

accordingly.

HUD disagreed with the commenter

that installation instructions are not

required by this final rule, as it is

specifically addressed through

§ 3280.212(g). Further, upon placing a

label certification on each transportable

section of a manufactured home, the

manufacturer self certifies its

compliance with the Construction and

Safety Standards. Should the

commenter seek additional changes to

either manufacturer or IPIA

requirements, the commenter is

encouraged to submit comments

through the MHCC process for

consensus review and deliberation. It is

not appropriate for HUD to integrate

these changes at the final rule stage.

HUD also notes that the added

information required on the Data Plate

more clearly identifies whether the

home has been designed for an attached

garage.

Subpart C, Fire Safety, Attached

Carports

§ 3280.213 Factory Constructed or

Site-Built Attached Carports

One commenter stated that the

proposed rule should be modified to

include attached patio covers and porch

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roofs which can easily exceed the size

of a carport. The commenter also stated

that current HUD policy under

Interpretive Bulletin H–1–77 conflicts

with paragraph (f)—there is no

assurance that the manufacturer would

be including these additional

instructions.

Another commenter requested HUD

delete the following: Paragraph (b) about

maximum roof slope for the carport, on

the basis that carports cannot exceed the

height of the home; paragraph (c) on

beam designs, on the basis that beam

designs would be part of the approved

design by the Design Approval Primary

Inspection Agency (DAPIA); and

paragraph (d) on shear wall and uplift

strapping design, on the basis that the

carport design would not be known.

One commenter stated that paragraph

(f)’s reference to § 3285.201 should be

changed to § 3285.301.

Another commenter said § 3280.213

for factory or site-built attached carports

should emphasize the distinction

between attached and self-supported

structures and that striking unnecessary

or superfluous rules would also

streamline the requirements. The

commenter’s suggested edits include:

Deleting the maximum roof slope

requirement from the list of design

characteristics for carports, because

given that the height of the carport

cannot exceed the height of the home,

the carport’s roof slope is never a

relevant factor in home design; adding

a provision that, as an alternative to

specifying the unique design

characteristics of the carport and the

home, manufacturers may provide the

maximum loads that the home is

designed to resist from the carport;

removing the provisions specifying

where splices in the host beam can be

located, because narrowly defining this

provision with such detailed,

prescriptive requirements could have

unanticipated consequences, especially

if there are continued advancements in

anchoring technology. According to the

commenter, specific design

characteristics should remain subject to

review and approval by the

manufacturer’s DAPIA.

The commenter’s recommendations

continued with: Removing the shear

wall requirements for homes designed

for Wind Zone II and III installations in

favor of manufacturers specifying

anchor requirements for uplift forces in

Wind Zones II and III as part of the

home’s DAPIA-approved design,

because if the manufacturer and its

DAPIA specify these requirements at the

design stage, the size of any attached

carport would be limited by the load

capacity of the anchor system installed

in the factory. This would limit the

design options available to any third

party responsible for installing an

attached carport at the jobsite; and

removing the ‘‘cone of influence’’

provision, because this requirement is

dependent on the type of anchor, and

should be determined by the installer.

The manufacturer should not be

expected to know this information

without knowing exactly where a

manufactured home would be sited and

how it would be installed; and

confirming that a site-built, self-

supported carport is considered an add-

on and clarifying that add-ons do not

affect a manufactured home’s ability to

comply with the Construction and

Safety Standards.

Another commenter also supported

deleting paragraph (c)(1), because this

paragraph was covered in paragraphs (a)

and (c), and additional details on the

acceptable engineering load path are not

required. The commenter also suggested

deleting paragraph (d) because the load

path requirements should apply to all

wind zones as specified in paragraphs

(a) and (c). The commenter also stated

that the accepted engineer anchor test

protocol does not test for cone of

influence and it is not defined within

the Construction and Safety Standards.

Therefore, it should be removed from

§ 3280.213(f)(1).

HUD Response: HUD did not add

requirements for patio covers and porch

roofs, as such specific code change text

and supporting information be

submitted to the MHCC for consensus

review and deliberation. It is not

appropriate for HUD to integrate these

changes at the final rule stage. Further,

HUD disagreed with comments that

installation instructions are not required

by the standard, as it is clearly

addressed in §§ 3280.213(b) and (e).

Upon placing a label certification on

each transportable section of a

manufactured home, the manufacturer

self-certifies its compliance with the

Construction and Safety Standards.

HUD notes the added information

required on the Data Plate more clearly

identifies whether the home has been

designed for an attached carport. HUD

agreed with all comments providing

specific textual changes and HUD

modified the standards accordingly.

Subpart D, Body and Frame

Requirements

§ 3280.305 Structural Design

Requirements

One commenter stated that proposed

§ 3280.305(h)(5) expands areas of

construction that could be deferred to

the job site and imposed on the installer

under ‘‘On-Site Completion

Requirements.’’ The commenter stated

that installers were not included in

deliberations on the proposed changes,

and that since the On-Site Completion

rule is relatively new, and given that

HUD has failed to monitor or measure

compliance, this provision should be

deleted until the success of the ‘‘On Site

Completion’’ process can be evaluated.

Another commenter stated that HUD

should delete the words ‘‘connections

between sections,’’ after ‘‘hinged roof

sections,’’ and before ‘‘sheathing,’’ in

paragraph (h)(5) because connections

between sections is covered as part of

standard installation.

Another commenter stated that

paragraph (h)(5)(iii) requires inspection

at an installation site in stages but does

not clarify who would provide

inspections. The commenter also

suggested that HUD clearly define

‘‘inspection of the work at the

installation site in stages,’’ and stated

that this new requirement would add

costs to the home, drive up the cost of

affordable housing, and would

financially burden the commenter.

Two commenters stated that HUD

strike §§ 3280.305(h)(5) (iii), (iv), and

(v), because these proposals generally

apply to onsite installation and appear

to overstep Subpart D’s bounds. The

commenters believed these

requirements, if necessary, would be

more appropriate under Part 3282,

Subpart M, ‘‘On-site Completion of

Construction of Manufactured Homes.’’

HUD Response: HUD disagreed with

the commenter that revisions to this

standard expand areas of construction

that can be completed on site. The

changes to this standard were already

implemented with the On-Site

Completion of Construction Rule and

these changes are conforming. Further,

HUD conducted limited monitoring of

procedures and approvals related to On

Site Completion of Construction and has

not concluded any adverse or significant

findings.

HUD modified this section to address

other comments received including

removing any references to installation

activities. HUD also modified the

inspection requirements but has

retained the intent that inspections

occur prior to covering up additional

aspects or otherwise allowing for

inspection panels so that inspection can

take place. This aspect is important to

assure that the work completed on site

conforms to the design standards, so

that the home is completed in

accordance with the Construction and

Safety Standards, and the home is not

taken out of compliance through the

work done at the home site. Further,

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these standards are established to work

in concert with the regulations for On

Site Completion of Construction and

will help to ensure that appropriate

designs are provided to address the

work that is expected to happen in the

factory, the work that is expected to

happen at the home site, and the factory

and or inspections at the site necessary

for conformance.

§ 3280.307 Resistance to Elements and

Use

A commenter stated that the

expansion of field installation of

exterior coverings means the

requirement for the manufacturer to

provide all needed materials (siding,

fasteners, channels, etc.) should be

added to this list. Another commenter

agreed and suggested adding ‘‘and the

required materials’’ after ‘‘Complete

installation instructions.’’ A commenter

suggested adding attached garages to the

list of exemptions in paragraph (e),

given the amount of onsite work

required to complete the installation of

an attached garage, and as long as the

manufacturer is complying with HUD’s

list of conditions.

HUD Response: HUD reviewed and

generally agreed with the comments.

HUD modified the standard accordingly.

Subpart F, Thermal Protection

§ 3820.504 Condensation Control and

Installation of Vapor Retarders

One commenter stated that the

proposed requirements under

§§ 3820.504(b) and .506(c) are not

needed, and HUD should delete them.

The commenter stated its mating walls

are located in a conditioned area,

gaskets are installed in the factory to

prevent air infiltration, and the

commenter has not witnessed a mating

wall with damage from condensation.

Another commenter stated that

mating walls are interior walls and

should not be treated as exterior walls

which require a vapor barrier.

Furthermore, many homes have single

mating walls, and this section does not

define on which side the vapor barrier

should be applied.

Another commenter stated that HUD

should delete these proposals until

certain issues are evaluated. There will

be a concern if the connection between

floors is not effectively sealed from

allowing cold outside air to enter

between the ceiling of the first floor and

floor system of the upper floor. If cold

air is entering this area, a vapor retarder

should be applied to the ceiling on the

first floor. Another concern would be if

the bottom board is still required to be

placed under the upper floors, this may

add to additional condensation between

the floors if the vapor retarder is not

installed on the ceiling on the lower

floor.

HUD Response: HUD disagreed with

the commenters regarding the need for

§§ 3280.504(b) and (c) to be deleted or

amended, and that the affected walls are

interior walls. These commenters may

not understand that the subject

standards apply to the (fire) walls

separating attached manufactured

homes; rather than, mating walls

between two sections of the same

manufactured home. Multi-story

manufactured homes have been

designed and built for more than two

decades prior to the rulemaking and

under Alternative Construction

processes. These homes have been

designed and built, and significantly,

HUD has not received information

indicating these homes, without a

ceiling vapor retarder on the first floor,

are not performing.

§ 3820.506 Heat Loss/Heat Gain

Two commenters suggested revising

paragraph (c) by replacing ‘‘the mating

wall of each’’ with ‘‘the fire separation

wall between each.’’ Mating walls

between two or more sections of a

multi-section home are not the same as

firewalls separating two or more

attached, single-family manufactured

homes. Mating walls are aligned at

installation to create a cohesive single-

family residence—they are not exterior

walls. However, fire separation walls,

which separate attached single-family

homes, should be classified as exterior

walls because they act as a health-safety

barrier between distinct residential

dwellings. The commenters believed

these edits clarify the distinction

between mating walls and fire

separation walls.

HUD Response: HUD reviewed and

generally agreed with the comments.

HUD modified the standard to

incorporate the public comment where

those changes have not significantly

altered the intent as proposed.

Subpart G, Plumbing Systems

A commenter suggested clarifying the

definition of ‘‘indirect waste receptor,’’

a new term being introduced to the

Standards. Second, in § 3280.608, strike

‘‘Hangars’’ and replace it with

‘‘Hangers’’ as in the original. Third, by

incorporating additional safety

considerations from the Uniform

Plumbing Code, the commenter saw an

opportunity to protect the general

public from the risk of burn or scald.

The commenter believed a home’s relief

drain, should it terminate outside the

home, must terminate between six and

twenty-four inches above the finished

grade and face down at termination;

high enough to prevent backflow, but

low enough to reduce the risk of injury

or accident.

HUD Response: HUD reviewed and

generally agreed with the comments.

HUD modified the standard to

incorporate the public comment where

those changes have not significantly

altered the intent as proposed.

§ 3280.609 Water Distribution Systems

One commenter stated that the

requirement that installers extend water

heater relief valve piping to beyond the

skirting of the home would very likely

create an imminent safety hazard

because it carries superheated,

pressurized water, so it should be

deleted. Another commenter stated that

if the relief valve is directed to outside

the crawl space, there would be a

possibility of personal injury to those

nearby. The commenter explained that

water heater manufacturers do not allow

additional piping to be installed directly

on the pressure relief valve. They

require ‘‘air gaps’’ when directing into

additional piping. The commenter

concluded that HUD should reject these

changes.

Another commenter stated that HUD

should add discharge pipe turndown

requirements taken from the Uniform

Plumbing Code which adds a higher

level of scald protection. This revision

will increase consumer safety.

Two commenters proposed changes to

HUD’s regulatory text.

HUD Response: HUD reviewed and

generally agreed with the comments and

addressed the protections to residents

by accepting comments regarding relief

pipe turndowns. HUD also modified the

standard to incorporate the public

comment where those changes have not

significantly altered the intent as

proposed.

§ 3280.612 Tests and Inspection

One commenter opposed the changes

to this section because they would

reduce the required pressure needed to

perform water supply testing and, as a

result, a revision of the manufacturers’

installation instructions would be

needed along with oversight by the IPIA

agencies to assure that the proper

instructions are provided with the

home. Another commenter

recommended that, in the last sentence,

‘‘potable water source’’ should replace

‘‘potable source of supply.’’

HUD Response: HUD generally agreed

with the comments regarding wording

changes to the standard. HUD modified

the standard to incorporate the public

comment where those changes have not

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significantly altered the intent as

proposed. HUD disagreed with

opposition to the proposed change as

the changes have been vetted by the

MHCC and are consistent with many

state requirements for testing potable

water supply systems. While this

change may require revisions to

manufacturers’ installation instructions,

the system of design approvals will

ensure the instructions conform to the

revised requirements by the rule’s

effective date.

Subpart H, Heating, Cooling and Fuel

Burning Systems

§ 3280.705 Gas Piping Systems

One commenter suggested HUD

eliminate ‘‘hard pipe’’ in paragraph

(i)(8)(iii), as the industry uses a flex gas

connector and not a quick-disconnect.

HUD Response: HUD reviewed and

generally agreed with the commenter

and modified the standard to

incorporate the commenter’s proposed

change.

§ 3280.709 Installation of Appliances

A commenter stated that

§§ 3280.709(a) and 3280.711 require that

manufacturers currently ship two sets of

installation instructions for each

appliance with every home; the MHCC

voted to strike this requirement from

section § 3280.709(a) by letter ballot in

2015 (Log #92).

Some commenters noted the

importance of inspection but stated that

it is unclear who is to perform on-site

inspections and testing related to

paragraph (a)(1)(ii). One commenter

stated that HUD should clarify that the

installation is to comply with the local

building code requirements and be

subject to inspection by state or local

code officials. This commenter noted

that the language in § 3280.709(a)(1)

would allow for the installation of direct

vent space heating appliances on-site

following approved instructions and the

installation and inspection procedures

provided.

A commenter was concerned with

changes to the vent system termination

provisions in paragraph (d) because the

commenter was unaware of any health-

safety risks that would necessitate

expanding the permissible range from 3

to 10 feet. The commenter stated the IRC

has a similar requirement, but it only

applies to the vent system of a fuel-

burning appliance. Consequently, the

commenter recommended adding the

clarifying phrase ‘‘of fuel-burning

appliances.’’ In addition, the commenter

replacing the phrase ‘‘habitable areas’’

with ‘‘habitable rooms’’ because this

term is defined in the Standards.

HUD Response: HUD agreed that the

MHCC voted to eliminate the

requirement for the home manufacturer

to provide two sets of appliance

manufacturers’ instructions with each

home. This recommended change is

anticipated to be addressed in a future

rulemaking. HUD also reviewed the

comments concerning the site installed

direct vent appliances and has made

changes to clarify that testing of the

home’s fuel supply and electrical

systems are the responsibility of the

home manufacturer. HUD also reviewed

the comment regarding separation of

intake and exhaust vents and made

changes to address the comment by

clarifying that the placement restrictions

apply to exhausts of fuel burning

appliances and using the defined term,

‘‘habitable rooms.’’

§ 3280.710 Venting, Ventilation, and

Combustion Air

One commenter stated that the new

requirement at paragraph (d) is not

needed and that, to follow the proposed

requirement, the commenter would

have vent pipes above allowable

transport height. The commenter

requested that HUD delete the

requirement because it would be forced

to have vent pipes site installed, revise

vent runs, or eliminate some floor plans

completely, which would drive up the

cost of affordable housing and cause

financial burden. Another commenter

stated that HUD should clarify that

§ 3280.710 applies to fuel-burning

combustion appliances, to be consistent

with the IRC. Two commenters

proposed changes to HUD’s regulatory

text.

HUD Response: HUD disagreed with

the comment that the changes to

separate intake and exhaust vents are

not needed. The proposed standard was

recommended by the MHCC and HUD

refers the commenter to U.S.

Government Accountability Office

(GAO) audit report GAO–13–52, Testing

and Performance Evaluation Could

Better Ensure Safe Indoor Air Quality.

HUD also reviewed the comment

regarding separation of intake and

exhaust vents and has made changes to

address the comment by clarifying that

the placement restrictions apply to

exhausts of fuel burning appliances and

using the defined term, ‘‘habitable

rooms.’’

Subpart I, Electrical Systems

§ 3280.807 Fixtures and Appliances

Some commenters stated that the new

requirement at paragraph (g) has no

safety benefit to the consumer and HUD

should delete it. The commenters

explained that wiring ceiling-mounted

and wall-mounted light fixtures to one

switch has been standard practice for

decades. A commenter stated they were

unaware of any health-safety risk

associated with having multiple

bathroom lights controlled by the same

switch, HUD has not provided any

information to suggest otherwise, and

consumers’ preference and other

building codes or standards support the

commenter’s position.

HUD Response: HUD disagreed with

the comments. The intent of the

requirement for separate switches

allows an occupant to use one or both

lights at their discretion. This allows

potential energy consumption savings

by allowing the occupant to energize

one light rather than both if both are not

necessary.

Subpart J, Transportation Systems

§ 3280.902 Definitions

One commenter stated that the

proposed change to the ‘‘Drawbar and

coupling mechanism’’ definition, by

removing ‘‘A frame’’ and adding in its

place ‘‘rigid substructure,’’ is not

justified and should be discarded.

Another commenter suggested deleting

the parenthetical from the ‘‘Drawbar and

coupling mechanism’’ definition for

clarity. The commenter stated the

parenthetical is unnecessary, and

‘‘usually an A frame rigid structure’’

only creates confusion where the

defined term ‘‘Frame’’ also uses the

phrase ‘‘rigid structure’’ in its

definition.

HUD Response: HUD disagreed with

these comments. The added term is

consistent with the same use in other

definitions and is intended to reflect the

structure to which the coupling

mechanism is mounted.

§ 3280.903 General Requirements for

Designing the Structure To Withstand

Transportation Shock and Vibration

One commenter suggested that HUD

reject the proposed changes to

paragraph (a). The commenter stated

that to remove ‘‘during its intended life’’

is unacceptable. To alter the language to

‘‘function after set-up’’ now establishes

a ‘‘time frame’’ on how long chassis

have to last and many manufactured

homes will no longer be ‘‘transportable’’

which is required under 3280.2. The

commenter did not suggest where HUD

should reinclude the phrase ‘‘during its

intended life’’ if HUD kept its proposed

changes to § 3280.903.

For paragraph (b)(1), commenters

stated that HUD should provide more

guidance on the road test requirements

and clarify what constitutes an effective

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8

See 49 CFR 393.52(d).

9

See, e.g., 49 CFR 393.75(h).

road test. One commenter suggested that

HUD clearly define the minimum miles

to travel, the type of roadways to travel,

and what a failure is. Other commenters

supported the requirement for road tests

to be witnessed by experts who are in

the best position to provide such

services—an independent registered

professional engineer or architect, or by

a recognized testing organization. One

commenter recommended that the

testing laboratory be accredited to ISO/

IEC 17025 or 17020. Two commenters

stated that in paragraph (b)(1), the

manufacturer’s Production Inspection

Primary Inspection Agency should be

added to the list of independent third

parties who can witness and certify the

road test, and included regulatory text

changes. These commenters stated that

paragraphs A and B appear to be a

carryover from Interpretive Bulletin J–

1–76 and should be updated to the

applicable (1) and (2) paragraph

numbering format to clarify that the

equation requires the sum of the Dead

Load and Floor Load calculations.

HUD Response: HUD disagreed with

the comment that the changed language

alters the intended life of the chassis.

The terminology refers to the structural,

plumbing, mechanical and electrical

systems and requires that those systems

remain operational/functional after

transportation.

HUD reviewed the comments and

proposed changes that would add

several specific requirements within the

road test requirements. These

suggestions should be put forth for

MHCC review and consideration, as it is

not appropriate for HUD to integrate

these changes at the final rule stage.

Upon review of public comment,

HUD added that Primary Inspection

Agencies may also witness and certify

road tests. HUD also reviewed

comments that include specific changes

to the formula included in

§ 3280.903(b)(3) and edited the formula

accordingly.

§ 3280.904 Specific Requirements for

Designing the Transportations System

A commenter suggested that ‘‘to

insure’’ should be replaced with

‘‘ensuring’’ to correct a minor

grammatical error. Some commenters

suggested that in paragraph (b)(4)(i) the

word ‘‘static’’ should be added to ‘‘gross

dead weight,’’ such that the text should

read ‘‘gross static dead weight,’’ to

maintain consistency with the ‘‘static

tongue weight’’ variable.

For paragraph (b)(4)(ii), one

commenter suggested HUD add a

requirement to check weights with the

home in a level position ready for

transport.

For paragraph (b)(9)(ii), several

commenters stated HUD should

maintain the current 40-foot stopping

distance. One commenter stated HUD

should utilize Interpretive Bulletin J–1–

76. Requiring new brake tests would

pose financial burdens. Another

commenter stated it could not find a

federal Department of Transportation

(DOT) requirement that would reduce

the braking distance to 35 feet from 40

feet. The proposal would eliminate

acceptable brake tests qualified under

the current standards, adding undue

burden and cost, without justification,

to homes with years of satisfactory

braking experience which would need

to be re-tested. Another commenter

believed keeping the stopping distance

at 40 feet is consistent with DOT

regulations.

For the same paragraph (b)(9)(ii), a

commenter stated the parenthetical

should be deleted. The transportation of

manufactured homes more

appropriately falls under Category B(3),

‘‘All other property-carrying vehicles

and combinations of property-carrying

vehicles,’’ of the DOT Vehicle Brake

Performance Table.

8

Given that the

weight of a home can easily exceed

25,000 pounds—with some 16-foot-

wide, full-length models approaching

40,000 pounds—home transportation is

more closely related to the movement of

heavy equipment, such as excavators

and dump trucks. While the process of

transporting a home is considered

driveaway-towaway operations under

DOT regulations, the DOT also

recognizes that these homes require

special consideration.

9

Two commenters suggested in

paragraph (b)(6)(i), the word

‘‘nationally’’ should be deleted. There

are several reputable programs and

testing agencies that do not yet have

national accreditation, but they have

regional, state, or local approval. These

programs or agencies should not be

excluded, especially when state

standards are often more stringent.

Another commenter recommended that,

for paragraph (b)(6)(i), that the

nationally recognized testing agency be

accredited to ISO/IEC 17025 or 17020.

Some commenters suggested in

paragraph (b)(8)(ii), the phrase ‘‘or

equivalent’’ should follow ‘‘tread wear

indicator’’ to ensure consistency with

how the phrase is applied to other

similar provisions throughout the

Standards.

For paragraph (b)(9)(iii), a commenter

stated that HUD’s proposed requirement

is not practical because there is no way

to check actual voltage unless the truck

is hooked up to the brakes. The

commenter asked if the intent is to

perform this test on every home that

ships and requested that HUD delete the

requirement as it would drive up the

cost of affordable housing and pose

financial burden on the commenter.

Another commenter suggested

replacing the first two sentences of

paragraph (b)(9)(iii) with the following:

‘‘Brake wiring must be provided for

each brake. The brake wire must not be

less than the value specified in the

brake manufacturer’s instructions.’’

Manufacturers should not be

responsible for evaluating each

transportation company’s tractors and

equipment or for assessing each

company’s quality assurance program.

They should only be responsible for

ensuring that the provided brake wiring

meets or exceeds the minimum required

specifications as provided by the brake

manufacturer.

HUD Response: HUD accepted the

comment regarding changing ‘‘insuring’’

to ‘‘to ensure’’ within § 3280.904(b)(3).

HUD also accepted the comment to add

‘‘static’’ within §§ 3280.904(b)(4) and

3280.904(b)(6). HUD also accepted the

comment to check weights with the

home in a level position (see revised

§ 3280.904(b)(4)(ii)).

HUD disagreed with the comment to

revise the stopping distance from 35 to

40 feet. HUD revised the reference for

the braking performance stopping

distance, aligning HUD’s standards with

DOT (at 49 CFR 393.52(d)) and clarified

the classification of manufactured home

to best align with DOT’s previously

designated classification.

HUD disagreed with the comment to

remove ‘‘nationally’’ from the qualifier

on testing agencies that may accept

recycled axle programs

(§ 3280.904(b)(6)(i)). This terminology

has been in use for decades and its use

is consistent with historical use. HUD

also disagreed with the comment that

suggests adding a specific accreditation

for testing agencies. HUD has found the

work of nationally recognized testing

agencies, having various qualifications,

does not impede health and safety

protection.

HUD also reviewed comments

requesting the addition of equivalent

tread wear indicators but has not

received specific means of determining

equivalence and has therefore decided

not to include such language in the final

rule. These suggestions should be put

forth for MHCC review and

consideration, as it is not appropriate

for HUD to integrate these changes at

the final rule stage.

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HUD reviewed public comment and

specific comments that included textual

changes to § 3280.904(b)(9)(iii)

regarding electrical brake wiring. HUD

accepted these changes.

Subpart K, Attached Manufactured

Homes and Special Construction

Several commenters supported adding

two-family, or two- and three-family,

dwelling units to Subpart K. These

commenters supported duplexes and

triplexes as more practical and

affordable solutions in urban and

suburban applications because of, for

example, zoning restrictions. One

commenter suggested less restrictive fire

separation requirements and amending

§§ 3280.1002 and .1004 and adding a

new § 3280.1003(a). Another

commenter also suggested less

restrictive fire separation requirements

and offered several recommended

changes to regulatory text. These

proposed changes to regulatory text

included separating § 3280.1003 into

two paragraphs—paragraph (a) for ‘‘two

attached manufactured homes’’ and

paragraph (b) for ‘‘three or more

attached manufactured homes.’’ Some

commenters supported reevaluating

Subpart K for a single structure with

two dwellings but did not propose

alternative regulatory text. One

commenter stated that duplexes have

simpler requirements than ‘‘town

homes,’’ and the demand for duplexes

will far outpace any other type of

attached manufactured home.

Another commenter, while expressing

general support for HUD’s proposed

changes, questioned HUD’s focus on

adopting standards for multi-story

manufactured homes and attached

manufactured homes, while MHCC

recommended standards for multi-

family manufactured homes are not

included in the proposed rule and have

yet to be proposed for adoption. The

commenter noted the absence of an

explanation in the proposed rule for

HUD’s prioritization of the included

standards for multi-story and ‘‘zero-lot-

line’’ attached manufactured homes, as

contrasted with broader and potentially

much more economically-significant

and beneficial proposed standards for

multi-unit/multi-family manufactured

homes. The commenter stated that

instead of promoting affordable

manufactured housing for all Americans

as required by law, HUD appears to be

abusing its regulatory authority to

support Fannie Mae and Freddie Mac in

order to benefit a narrow industry

segment, while smaller manufacturers

are kept waiting endlessly for proposed

multi-unit/multi-family standard. The

commenter stated that HUD gave no

indication in the proposed rule of when

or even if multi-unit/multi-family

manufactured homes will be addressed

by promulgating new standards that are

clearly and uncontrovertibly within the

scope of present federal law. The

commenter concluded that HUD should

include MHCC recommended standards

for multi-unit/multi-family

manufactured homes in any final rule

under the present docket.

Another commenter stated that much

of the proposed language in the new

Subpart K duplicates nearly verbatim

the language contained in IRC sections

R302.2 and R302.4 without observing

and protecting the rights of the ICC as

its copyright holder. The commenter

stated that if HUD wishes to publish any

part of the IRC in its rules or future

rulemaking proceeding, HUD must seek

to comply with OMB Circular A–119

and Incorporation by Reference

procedures.

HUD Response: HUD reviewed

comments that include specific text

changes and has integrated those

comments to the maximum extent

deemed necessary to effect the

appropriate changes where those

changes have not significantly altered

the intent as proposed.

HUD decided not to eliminate

structural independence for attached

homes, as each home shall be designed

to be structurally independent and each

home must perform on its own. HUD

accepted changes to wording regarding

fire separation walls but has not

accepted the use of exceptions. The

exceptions should be submitted as

proposed changes to the MHCC, and any

exceptions shall be handled through the

Alternative Construction process. It is

not appropriate for HUD to integrate

these changes at the final rule stage.

Further, this standards change was

not intended to address multi-dwelling

unit manufactured homes (multiple

single-family residences in one

manufactured home structure). The

MHCC recommendations for multi-unit

manufactured homes are contained in

the fourth set of its recommendations

for changes to the Standards. The

attached manufactured homes are each

designed as individual single-family

residential structures by the home

manufacturers and each such attached

home is to comply with the

requirements set forth in 24 CFR 3280

and as such meet all such requirements

to be labeled as manufactured homes to

be installed in accordance with

accompanying installation instructions

that also meet HUD’s Model

Manufactured Home Installation

Standards.

HUD has reviewed the public

comment regarding integration of

requirements that are generally

consistent with provisions of the

International Residential Code (IRC).

HUD has acted on proposed standards

received from the public and as

reviewed, modified and recommended

by the MHCC. While some language

may be consistent between the IRC, state

and local codes, and the requirements

published in this rule, there are

differences that remain and justify

establishment of unique provisions

rather than incorporating the IRC or any

given state or local code in their

entirety. HUD believes the standards

will allow use of some of the latest

building technologies and materials,

creating more consistency with multiple

State-adopted residential building codes

for site-built housing (some of which

may incorporate or amend standards

including, but not limited to, the

International Residential Code), and

expand consumer choice.

Comments: Preemption and

Opportunity Zones.

A commenter asserted that in the

preamble HUD overtly intends to

preempt the authority of state and local

jurisdictions through Subpart K. The

commenter cited reasons as to why such

requirements are within the domain of

state and local authorities. Adjacent and

attached manufactured homes may be

manufactured by different companies

and installed at different times resulting

in potential interactions that have not

been addressed within either

manufactured home, but which could be

within the proposed rule’s

requirements. The proposed rule

provides no requirements that attached

manufactured homes be manufactured

by the same manufacturer or installed at

the same time.

A commenter stated that HUD should

have provided more detail and

justification for the following statement

made in the Proposed Rule, which was

used as a blanket justification for the

new subpart K: ‘‘Subpart K would

enable manufacturers to design and

construct homes similar to townhomes,

which may be useful to address

affordable housing needs in

Opportunity Zones and urban or other

areas.’’

According to the commenter, HUD

makes no attempt to quantify the benefit

against potential costs even though the

qualifier ‘‘may’’ is used to describe the

policy change’s potential benefit. For

instance, HUD did not consider how

many fewer code inspectors might there

be in the country if this policy change

were to allow the manufactured housing

industry to become a dominant force in

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the housing sector. Further, HUD also

failed to provide any evidence that a

consumer market even exists for

townhome-style developments made out

of manufactured homes. Additionally,

HUD also failed to describe any interest

that would validate the above statement

for the type of developments that are

considered by this new provision on the

part of the Opportunity Zone funds, or

their managers, or even those local

officials representing the Opportunity

Zone areas.

The commenter was also concerned

about the number of state and local

authorities that the proposed rule would

preempt, if finalized in its current form.

The commenter stated there are at least

four major preemptions that should be

considered more fully through a

Federalism Consultation, consistent

with Executive Order 13132. The

commenter believed that the authority

granted to manufactured housing

producers under this provision should

have triggered a proper consultation

process, irrespective of the additional

preemptions provided by the proposed

rule for building code-related

authorities affecting stairways, landings,

handrails, guards and stairway

illumination, siting of and installation

standards for carbon monoxide alarms,

and indoor ventilation requirements.

The commenter suggested that prior to

finalizing the rule, HUD should pause to

complete a Federalism Consultation and

more robust cost-benefit analysis,

especially as it relates to disaster

preparedness and recovery.

HUD Response: HUD reviewed the

public comment regarding the

justification for this new Subpart. In

response, HUD found that the standards

promulgated in this Final Rule are

within the scope and authority provided

by the Manufactured Home

Construction and Safety Standards Act

of 1974, as amended by the

Manufactured Housing Improvement

Act of 2000. Further, HUD believes that

the future design, construction and

installation of attached manufactured

homes may create affordable housing

opportunities and may allow

manufactured homes to be placed in

more urban areas where land and space

restrictions have historically limited the

use of manufactured housing and

because the design and construction of

such homes historically required

specific HUD approvals creating a more

burdensome and costly oversight

process. These areas may include

locations within Opportunity Zones.

HUD is aware of a nationwide trend that

recognizes increased focus on efficient

land use in many areas. HUD’s

Construction and Safety Standards

allow for the industry to provide safe,

decent, sanitary, and affordable housing,

as the need develops.

HUD also noted that the aspects of

installation would still be subject to

state and local authority, as is the same

for all other manufactured home

installations, provided manufacturer

installation instructions and state and

local requirements at a minimum

comply with HUD’s Model

Manufactured Home Installation

Standards. However, HUD’s

Construction and Safety Standards as

promulgated through this Final Rule

would preempt state and local

requirements for the same aspects of

construction, the same as for all other

manufactured homes.

§ 3280.1002 Definitions

Two commenters suggested changes

to HUD’s proposed regulatory text.

Another commenter stated that HUD

should reject the proposed changes to

§ 3280.1002. Manufactured homes are

designed to be transportable during the

intended life of the home and allowing

multi-family manufactured homes to be

constructed and installed affects

homeownership and the adjacent home.

Another commenter opposed the

proposed rule due to its unwarranted

intrusion into the modular housing

construction sector. Subpart K would

allow ‘‘(t)wo or more adjacent

manufactured homes that are

structurally independent from

foundation to roof and with open space

on at least two sides. . .’’ (definition of

Attached manufactured home at

§ 3280.1002). In addition to federal

preemption and safety risks associated

with manufactured housing, the

commenter asserted that HUD has not

considered additional factors that make

modular homebuilding preferable to

manufactured housing, including:

Durability, resiliency, long-term value

and resale market, access to

conventional financing without the

limits FHA places on manufactured

home loans, and fewer zoning

restrictions.

HUD Response: HUD reviewed

comments that include specific text

changes and has integrated those

comments to the maximum extent

deemed necessary to effect the

appropriate changes. HUD has changed

the definition for ‘‘fire separation wall’’

by removing the language that the walls

be structurally independent as that

requirement is already included in the

definition of ‘‘attached manufactured

home.’’ Further, HUD reviewed the

comments suggesting intrusion into the

modular housing sector and disagreed

with the comments. These standards

apply to manufactured housing and

contain many of the same or similar

requirements as other similar structures

or similar design features and

considerations.

§ 3280.1003 Attached Manufactured

Home Unit Separation

Two commenters provided a

significant number of suggested changes

to HUD’s proposed regulatory text. The

commenters suggested several editorial

and substantive changes to the unit

separation requirements and have

suggested exceptions to the

requirements under certain conditions.

Some commentors have also suggested

substantive changes to requirements for

fire separation wall penetrations.

HUD Response: HUD reviewed

comments that include specific text

changes and has integrated those

comments to the maximum extent

deemed necessary to effect the

appropriate changes that remain in line

with the MHCC’s recommendations.

The changes made by HUD within this

standard remove reference to ‘‘two

attached manufactured homes’’ and

more generically requires unit

separation between any attached

manufactured homes. HUD has also

modified the requirement that 1 hour

fire-resistive rating be based on testing

in accordance with ASTM E 119–05,

without including language stating

‘‘with exposure from both sides on each

attached manufactured home unit.’’

HUD has not integrated substantive

changes to include new exceptions and

HUD has not accepted substantive

changes to fire separation penetrations.

HUD will consider exceptions through

the Alternative Construction process,

should a manufacturer be unable to

meet the requirements of the standards

and be able to demonstrate an

equivalent level of safety. Further

changes, such as those proposed by

some commenters, should be proposed

for review by the MHCC so that

consensus review of those proposed

changes is made as envisioned by the

Act. It is not appropriate for HUD to

integrate these changes at the final rule

stage.

§ 3280.1004 Exterior Walls

Two commenters proposed that in

paragraph (b), ‘‘or separation wall’’

should be added after ‘‘fire separation

wall’’ and before ‘‘on each

manufactured home.’’

HUD Response: HUD reviewed

comments that include specific text

changes and has decided not to

incorporate the change to ensure all

exterior walls contain insulation.

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10

U.S. Gov’t Accountability Office, GAO–14–410,

Manufactured Housing: Efforts Needed to Enhance

Program Effectiveness and Ensure Funding Stability

(July 2, 2014). See also HUD’s ‘‘Report to Congress

on the On-Site Completion of Construction for

Manufactured Homes’’ (June 18, 2019).

Comments: Changes to the

Manufactured Home Procedural and

Enforcement Regulations (24 CFR Part

3282).

A commenter stated that high winds

caused by tornadoes and hurricanes

have caused significant damage to

manufactured housing units, as

compared to site-built houses, as

evidenced by the Federal Emergency

Management Agency (FEMA) in

multiple post-disaster assessment

reports. The commenter explained that

structural add-ons to manufactured

homes present a clear safety risk to life

and property, and the broad authority

given to manufactured housing

manufacturers regarding attachments,

including car ports, garages, awnings,

decks and porches, at the newly

proposed 24 CFR part 3282, as well as

through the proposed subpart K, should

be reconsidered and reevaluated. HUD

should reevaluate the proposed

revisions in consultation with FEMA

and the U.S. Global Change Research

Program.

Another commenter recommended

that HUD keep in mind that, on January

14, 2020, several important amendments

to Subpart M were advanced by the

MHCC’s Regulatory Enforcement

Subcommittee. While the commenter

did not suggest that HUD delay updates

to Subpart M, HUD should be aware that

substantial changes will likely be

approved by the MHCC at its next

meeting. The commenter also looked

forward to the prompt implementation

of the MHCC’s recommended revisions

to Subpart M, which the commenter

believed will streamline the

administrative process.

HUD Response: HUD reviewed these

general comments. HUD is regulating

design of the manufactured home, not

the design and construction of site-built

attachments. These aspects remain

under the purview of the local

authorities having jurisdiction.

Changes to the Model Manufactured

Home Installation Standards (24 CFR

Part 3285)

General Comments

A commenter stated the proposed rule

would have a significant impact on the

role of manufactured home installers,

including potential liability for

installation work related to accessory

buildings and other on-site installation,

such as certain appliances the proposal

states can be shipped ‘‘loose’’ to the

homesite. To ensure that the end buyer

or resident of the home has a home that

has been safely manufactured,

transported, and installed, it is vital that

all installation documentation is

shipped with and remains with the

home.

HUD Response: HUD reviewed the

comment and addressed similar

comments in this final rule. Concerns

regarding verification of current

installation documentation

requirements should be put forth for

MHCC review and consideration, as it is

not appropriate for HUD to integrate

changes on these requirements at the

final rule stage.

§ 3285.5 Definitions

One commenter suggested that the

‘‘attached accessory building or

structure’’ definition in § 3285.5 be

updated to ensure it matches how the

term is defined elsewhere in the

Standards. Specifically, the word ‘‘the’’

should be inserted between ‘‘which’’

and ‘‘attachment,’’ to promote

consistency in the Standards for the

new term ‘‘attached accessory building

or structure.’’

HUD Response: HUD reviewed

comments that included specific text

changes and integrated those comments

to the maximum extent deemed

necessary to effect the appropriate

changes.

Continued Updates to the Standards

and MHCC Recommendations Not

Addressed in the Proposed Rule

General Comments

Several commenters supported

regular updates to the Standards and

HUD’s backing of manufactured

housing. Commenters also

recommended that HUD develop and

implement a streamlined process for

Standards updates going forward, so

revisions are introduced on a more

consistent timeline.

Many commenters supported

recommendations and technical changes

made by the national association

representing the industry at the federal

level, the Manufactured Housing

Institute (MHI), that further enhance the

proposed rule. The commenters

believed MHI’s recommendations

should be incorporated into HUD’s final

updates and represent critical progress

in clearing out the backlog of items that

have been approved by the MHCC.

These changes were recommended by

the MHCC but have not yet been

incorporated into the Standards, and the

commenters encouraged HUD to quickly

finalize the proposed rule with MHI’s

recommended changes.

A commenter believed updates are

delayed because the Office of

Manufactured Housing Programs is a

‘‘low priority’’ within HUD’s

organizational hierarchy. HUD has

repeatedly said it is committed to both

housing innovation and streamlining

the administrative and regulatory

processes that hurt manufactured

housing, and this rulemaking galvanizes

HUD’s commitment to the manufactured

housing industry. Because HUD is the

standard-setting body for the nation’s

manufactured home construction and

safety standards, updates must follow a

distinct administrative path and must be

prioritized separately from unrelated

policy matters. Such an approach was

recommended by the Government

Accountability Office in 2014 and in

2019 by HUD’s own Office of Policy

Development and Research.

10

These commenters also urged HUD to

move forward with the subsequent sets

of Standards updates that have been

passed by the MHCC but are still

pending HUD action. Such sets of

updates include several critical industry

recommendations such as roll-in

showers and tankless water heaters

within the Standards. The commenters

also urged HUD to move forward with

subsequent proposals to update the

Federal Construction and Safety

Standards that have been considered

and recommended by the Consensus

Committee—yet have not been acted

upon by the Department. One

commenter stated it is unacceptable that

HUD continues to neglect its obligations

to ensure timely updates to the

Standards. HUD’s delays have real-

world consequences for families moving

into manufactured homes and for the

environment and public health. It is

critical that HUD address each of the

revisions already recommended by the

MHCC and act on future MHCC

recommendations within the timeframe

allowed by Congress, ‘‘not later than 12

months after the date on which a

standard is submitted to the Secretary

by the MHCC.’’

Comments: The Department of Energy

and Energy Efficiency.

One commenter stated that one of the

proposed rule’s notable failures is

HUD’s decision ‘‘not to include in this

proposed rule certain MHCC

recommendations due to pending

regulations for improving energy

efficiency in manufactured homes being

prepared by the U.S. Department of

Energy’’ (DOE). DOE in November 2019

agreed to a settlement to take final

action on energy efficiency no later than

February 2022. This offers HUD a

reasonable opportunity to implement

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11

See 42 U.S.C. 5403(a)(5).

the MHCC’s recommendations in the

current rulemaking and HUD’s delay

further risks the health and financial

well-being of new manufactured home

residents.

Another commenter continued that

HUD states that ‘‘[g]iven this DOE

rulemaking,’’ it ‘‘has decided to

postpone action’’ on certain MHCC

recommendations affecting §§ 3280.502

and 3280.506(b). The proposed rule

cites no legal authority for this

postponement, nor is HUD’s proposed

action one of the three outcomes

permitted by the statutory text:

11

The

adoption, modification, or rejection of

the proposed revisions recommended by

the MHCC. Moreover, the proposed rule

does not fulfill HUD’s obligation to

publish for public comment the

proposed revised standards

recommended by the MHCC. Because

HUD has failed to identify the specific

changes to the Standards that it is

postponing, HUD denies the public an

opportunity to meaningfully comment

on this aspect of the proposed rule.

Even if DOE’s standards for energy

efficiency would ultimately supersede

the MHCC’s approved

recommendations, HUD has ample time

to implement the MHCC’s

recommended energy efficiency

improvements before compliance with

any conflicting DOE standards would be

required.

Another commenter recognized the

valuable role energy efficiency

requirements play in reducing the

energy burden of households

(particularly low-and moderate-income

households) and supporting

affordability across the life cycle of

homeownership and rental. DOE’s delay

does not absolve HUD of its obligation

to provide manufactured homeowners

with energy efficient homes. The

commenter recommended HUD

incorporate provisions of the

International Energy Conservation Code

appropriate for manufactured homes

into the federal standards. HUD should

also work diligently with DOE to assure

the implementation of the requirements

in 42 U.S.C. 17071.

HUD Response: HUD reviewed the

comments and intends to move forward

with more recent MHCC

recommendations. HUD will continue to

collaborate and cooperate with other

federal agencies, including DOE, as

needed and necessary.

IV. Incorporation by Reference

The reference standards proposed for

incorporation are approved by the

Director of the Federal Register for

incorporation by reference in

accordance with 5 U.S.C. 552(a) and 1

CFR part 51. Copies of these standards

may be obtained from the organization

that developed the standard. As

described in § 3280.4, these standards

are also available for inspection at

HUD’s Office of Manufactured Housing

Programs and the National Archives and

Records Administration.

This final rule incorporates by

reference the following six consensus

standards for Manufactured Housing:

1. ANSI/ASHRAE 62.2–2010,

Ventilation and Acceptable Indoor Air

Quality in Low-Rise Residential

Buildings. This standard defines the

roles of and minimum requirements for

mechanical and natural ventilation

systems and the building envelope

intended to provide acceptable indoor

air quality in low-rise residential

buildings. It is ASHRAE’s Indoor Air

Quality standard for residential

buildings. It applies to spaces intended

for human occupancy within single-

family houses and multi-family

structures of three stories or fewer above

grade, including manufactured and

modular houses. This standard is

available online for review via read-

only, electronic access at http://

ibr.ansi.org/Standards/.

2. ANSI/UL 2034–2016. Standard for

Single and Multiple Station Carbon

Monoxide Alarms. These requirements

cover electrically operated single and

multiple station carbon monoxide (CO)

alarms intended for protection in

ordinary indoor locations of dwelling

units, including recreational vehicles,

mobile homes, and recreational boats

with enclosed accommodation spaces

and cockpit areas. The carbon monoxide

alarms covered by these requirements

are intended to respond to the presence

of carbon monoxide from sources such

as, but not limited to, exhaust from

internal-combustion engines, abnormal

operation of fuel-fired appliances, and

fireplaces. Carbon monoxide alarms are

intended to alarm at carbon monoxide

levels below those that cause a loss of

ability to react to the dangers of carbon

monoxide exposure. Carbon monoxide

alarms covered by this standard are not

intended to alarm when exposed to

long-term, low-level carbon monoxide

exposures or slightly higher short-term

transient carbon monoxide exposures,

possibly caused by air pollution or

properly installed and maintained fuel-

fired appliances and fireplaces. This

standard is available online for review

via read-only, electronic access at http://

ibr.ansi.org/Standard.

3. ASTM E 119–05. Standard Test

Methods for Fire Tests of Building

Construction and Materials. This

standard is used to measure and

describe the response of materials,

products, or assemblies to heat and

flame under controlled conditions, but

does not by itself incorporate all factors

required for fire hazard or fire risk

assessment of the materials, products, or

assemblies under actual fire conditions.

This standard is available online for

review via read-only, electronic access

at http://www.ASTM.org/READING

LIBRARY.

4. NFPA 70–2005. National Electrical

Code, Article 550.17. The provisions of

this article cover the electrical

conductors and equipment installed

within or on mobile and manufactured

homes, the conductors that connect

mobile and manufactured homes to a

supply of electricity, and the

installation of electrical wiring,

luminaires (fixtures), equipment, and

appurtenances related to electrical

installations within a mobile home park

up to the mobile home service-entrance

conductors or, if none, the mobile home

service equipment. More specifically,

Article 550.17 provides that the wiring

of each mobile home be subjected to a

1-minute, 900-volt, dielectric strength

test (with all switches closed) between

live parts (including neutral) and the

mobile home ground. Alternatively, the

standard allows a test to be performed

at 1080 volts for 1 second. This test

shall be performed after branch circuits

are complete and after luminaires

(fixtures) or appliances are installed.

This standard is available online for

review via read-only, electronic access

at http://ibr.ansi.org/Standards.

5. NFPA 720. Standard for the

Installation of Carbon Monoxide (CO)

Detection and Warning Equipment. This

document does not attempt to cover all

equipment, methods, and requirements

that might be necessary or advantageous

for the protection of lives from carbon

monoxide exposure. The effects of

exposure to carbon monoxide vary

significantly among different people.

Infants, pregnant women, and people

with physical conditions that limit their

bodies’ ability to use oxygen can be

affected by low concentrations of carbon

monoxide. These conditions include,

but are not limited to, emphysema,

asthma, and heart disease, all of which

are usually indicated by a shortness of

breath upon mild exercise. People in

need of warning about low levels of

carbon monoxide should explore the

use of specially calibrated units or other

alternatives. This standard is primarily

concerned with life safety, not with

protection of property. It covers the

selection, design, application,

installation, location, performance,

inspection, testing, and maintenance of

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carbon monoxide detection and warning

equipment in buildings and structures.

This standard is available online for

review via read-only, electronic access

at http://ibr.ansi.org/Standards.

6. UL 217. Single and Multiple Station

Smoke Alarms. This document provides

requirements that cover electrically

operated single and multiple station

smoke alarms intended for open area

protection in indoor locations. This

standard is available online for review

via read-only, electronic access at http://

ibr.ansi.org/Standard.

The sections of the Construction and

Safety Standards that would be

amended by each reference modification

and the impact of each reference is

shown in the chart below.

Standard Edition Title Section Comment

ANSI/UL 2034 ...................... Third ... Single and Multiple Station Car-

bon Monoxide Alarms. § 3280.211(a) Only required for homes that incorporate a gas

burning appliance and then preempts state and

local requirements already established in 38

states.

ANSI/ASHRAE 62.2 ............. 2010 ... Ventilation and Acceptable In-

door Air Quality in Low-Rise

Residential Buildings.

§ 3280.103(d) Provides an option to ventilation requirements es-

tablished at § 3280.103(b) and (c).

NFPA No.70 Article 550.17 .. 2005 ... National Electrical Code .............. § 3280.810(b) Provides for a referenced standard to conduct po-

larity checks as an option to visual polarity

checks.

NFPA 720 ............................. 2015 ... Standard for the Installation Car-

bon Monoxide Detection

Equipment.

§ 3280.211(b) Only required for homes that incorporate a gas

burning appliance or an attached garage and

then preempts state and local requirements al-

ready established in 38 states.

ASTM E 119 ......................... 2005 ... Standard Test Method for Fire

Tests of Building Construction

and Materials.

§ 3280.1003(a) Allows for a manufacturer to design and construct

attached housing that is otherwise only per-

mitted through an AC review and approval.

UL 217 .................................. Fifth .... Single and Multiple Station

Smoke Alarms. § 3280.211(a) Provides for a referenced standard for manufac-

turers to use combination carbon monoxide and

smoke alarms. This standard addresses smoke

alarm operation of the combination alarms.

In addition to reviewing these

standards on-line, copies of the

standards may be obtained from the

organization that developed the

standard as follows:

ANSI—American National Standards

Institute, 11 West 42nd Street, New

York, NY 10036, 212–642–4900, fax

212–398–0023, www.ansi.org.

ASHRAE—American Society of

Heating, Refrigeration, and Air

Conditioning Engineers, 1791 Tullie

Circle NE, Atlanta, GA 30329, 404–636–

8400, fax 404–321–5478.

ASTM—ASTM, Int’l, 100 Barr Harbor

Drive, West Conshohocken,

Pennsylvania 19428, 610–832–9500, fax

610–832–9555, www.astm.org.

NFPA—National Fire Protection

Association, Batterymarch Park, Quincy,

Massachusetts 02269, 617–770–3000,

fax 617–770–0700, www.nfpa.org.

UL—Underwriters Laboratories, 333

Pfingsten Road, Northbrook, Illinois

60062, 847–272–8800, fax 847–509–

6257, www.ul.com.

This final rule also references ASTM

D781–1968 (Reapproved 1973), which

has already been approved for

incorporation by reference. No changes

are being proposed to this IBR.

V. Findings and Certifications

Regulatory Review—Executive Orders

12866 and 13563

Under Executive Order 12866

(Regulatory Planning and Review), a

determination must be made whether a

regulatory action is significant and,

therefore, subject to review by the Office

of Management and Budget (OMB) in

accordance with the requirements of the

order. Executive Order 13563

(Improving Regulations and Regulatory

Review) directs executive agencies to

analyze regulations that are ‘‘outmoded,

ineffective, insufficient, or excessively

burdensome, and to modify, streamline,

expand, or repeal them in accordance

with what has been learned.’’ Executive

Order 13563 also directs that, where

relevant, feasible, and consistent with

regulatory objectives, and to the extent

permitted by law, agencies are to

identify and consider regulatory

approaches that reduce burdens and

maintain flexibility and freedom of

choice for the public.

This rule was determined to be a

‘‘significant regulatory action’’ as

defined in section 3(f) of the Executive

order (although not an economically

significant regulatory action, as

provided under section 3(f)(1) of the

Executive order).

Executive Order 13771

Executive Order 13771, entitled

‘‘Reducing Regulation and Controlling

Regulatory Costs,’’ was issued on

January 30, 2017. This rule is expected

to be an Executive Order 13771

regulatory action. Details on the

estimated cost savings of this final rule

can be found below in the Summary of

Benefits and Costs, and in the rule’s

Regulatory Impact Analysis.

Summary of Benefits and Costs of Rule

As discussed, this final rule would

amend the Federal Manufactured Home

Construction and Safety Standards by

adopting recommendations made to

HUD by the MHCC. In this regard, this

final rule revises various standards that

reflect current construction practices

used by the manufacturing housing

industry and the home construction

industry in general. For example, when

a manufacturer chooses to install a

carbon monoxide alarm, the

manufacturer will use an alarm that has

been listed in accordance with

requirements of ANSI/UL 2034 and the

manufacturer will install the alarm in

accordance with the product’s

installation instructions that meet the

requirements of NFPA 720. Similarly,

standards proposed that are applicable

to interior door widths as well as those

provisions for multi-story and attached

manufactured homes are based on

current construction practices that have

largely been established due to pre-

existing requirements of state and local

jurisdictions for other housing products

(i.e., site-built or modular). Other

standards recommended by the MHCC

and proposed by HUD, such as those

that would define requirements for

stairways, landings, handrails, guards

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and stairway illumination, would free

manufacturers from having to follow

various state and local requirements that

vary from jurisdiction to jurisdiction

and bring uniformity to manufactured

home construction nation-wide. The

rule would also incorporate five new

reference standards that are already

standards used in the design, listing,

and evaluation of the respective

materials or components.

In addition, HUD has concluded that

this rule provides manufacturers more

flexibility in the ability to pursue design

options and, more importantly, cost

savings as the result of eliminating the

need to obtain HUD approval through

the Alternative Construction (AC)

process (see § 3282.14). More

specifically, manufacturers need to

engage the AC process to design and

construct manufactured homes that

incorporate innovations that have not

yet been codified in HUD’s Construction

and Safety Standards. For example,

addressing the design and construction

of multi-story homes, attached homes,

or homes that are designed to

accommodate an attached garage or

carport that is not factory constructed

but added to the home during the home

installation process, may create

regulatory confusion between state,

local, and Federal authorities and may

sometimes require HUD approval

through the AC process prior to the

manufacturer being able to incorporate

these design features. After review of an

AC request, HUD establishes specific

terms and conditions for use of the

design through an AC letter. While the

AC process serves a useful purpose,

including encouraging the use of new

technology in the construction of

manufactured homes, HUD believes that

codification of certain design features

that already were reviewed can provide

cost savings for manufacturers and

consumers, and reduce regulatory

confusion when directly addressed

within the code. In fact, HUD’s final

rule is based primarily on the MHCC’s

recommendations and integrates some

aspects of specific AC letters that have

been issued in the past. Specifically,

regulatory costs that are currently borne

by the manufactured home

manufacturer associated with preparing

an AC request and maintaining the AC

approvals include:

1. Manufacturers’ engineers’

preparation of designs, calculations, or

tests for aspects that do not conform

with outdated building standards for

past innovations that have become more

commonplace but have not yet been

incorporated into the Construction and

Safety Standards;

2. DAPIA review and approval of the

designs, calculations, and or tests to be

submitted on behalf of the

manufacturers requesting HUD’s

approval;

3. Preparation of a submission

package for the AC request, including

all designs, calculations, and tests to be

sent to HUD for approval;

4. Lost opportunity costs and actual

manufacturer and DAPIA staff time to

respond to HUD throughout the review

and approval process, which, depending

on the specific AC request, may take as

few as 30 days or as long as 6 months;

5. Time and travel associated with

third-party inspections at each affected

home’s site for manufactured homes

built under an AC that requires a site

inspection be conducted in order to

verify conformance with specific terms

and conditions of the AC approval; and

6. Maintaining and providing copies

of AC-specific production reports,

inspection reports, and other

administrative burdens required to

maintain the AC approval.

This rule would also require that

carbon monoxide detectors be installed

in homes with fuel burning appliances

or designed by the home manufacturer

for an attached garage. These provisions

are intended to be consistent with other

single-family dwelling construction

requirements and are intended to

provide early warning alerts to

occupants of the presence of carbon

monoxide within the living space of the

manufactured home. Specifically, this

rule would require that carbon

monoxide alarms be installed in

accordance with the Standard for the

Installation of Carbon Monoxide

Detection Equipment, NFPA 720–2015,

and be listed and conform to the

requirements of Single and Multiple

Station Carbon Monoxide Alarms,

ANSI/UL 2034–2016 edition.

In sum, the one-time annual costs of

this proposed rule range from $2.19

million to $4.122 million. Total valued

benefits range from $8.515 million to

$12.517 million. Unvalued benefits

include reduced home damage and

injuries from piping water heater relief

valves to outside of the home and from

the avoided delay during the AC review.

The total estimated annual costs and

benefits are described in the chart

below.

3 percent 7 percent

Estimate: low Estimate: high Estimate: low Estimate: high

Total Annual Costs (See Figure 3):

Carbon Monoxide Detector Requirement ................................................. $258,000 $1,032,000 $258,000 $1,032,000

Water heater relief valves ......................................................................... 1,352,400 1,932,000 1,352,400 1,932,000

Wet-vented drains .................................................................................... 483,000 772,800 483,000 772,800

Separate Bathroom Light Switches .......................................................... 96,600 425,040 96,600 425,040

Total ................................................................................................... 2,190,000 4,161,840 2,190,000 4,161,840

Present Value of Benefits

Carbon Monoxide Detector Requirement (See Figure 4):

Value of Injuries Prevented ...................................................................... 166,818 166,818 142,688 142,688

Value of Deaths Prevented ...................................................................... 8,908,186 8,908,186 7,619,651 7,619,651

Wet-vented drains (See Figure 7) ................................................................... 483,000 772,800 483,000 772,800

Separate Bathroom Light Switches (See Figure 5) ......................................... 326,796 2,614,366 214,929 1,719,434

Deregulatory (See Figure 6):

Whole-House Ventilation .......................................................................... 3,540 3,540 3,540 3,540

2-Story Homes .......................................................................................... 12,640 12,640 12,640 12,640

Attached Garages ..................................................................................... 38,836 38,836 38,836 38,836

Total ................................................................................................... 9,939,816 12,517,187 8,515,285 10,309,589

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A fuller discussion of the costs and

benefits of this rule is available in the

rule’s Regulatory Impact Analysis,

which is part of this docket.

Finally, any changes made to the rule

subsequent to its submission to OMB

are identified in the docket file, which

is available for public inspection in the

Regulations Division, Room 10276,

Office of General Counsel, U.S.

Department of Housing and Urban

Development, 451 7th Street SW,

Washington, DC 20410–0500.

Paperwork Reduction Act

The information collection

requirements contained in this proposed

rule have been approved by the OMB

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520) and

assigned OMB control number 2502–

0253. HUD expects to make changes to

the existing recordkeeping items

consistent with changes in this final

rule and believes that the changes will

result in a decrease of burden. In

accordance with the Paperwork

Reduction Act, an agency may not

conduct or sponsor, and a person is not

required to respond to, a collection of

information unless the collection

displays a valid control number.

The burden of information collection

addressed in this final rule is estimated

as follows for those aspects that would

continue to require AC requests and

does not include burdens for past AC

requests related to carport-ready homes,

garage-ready homes, homes that exceed

2,571 square feet (whole house

ventilation), and two-story homes:

Information collection Number of

respondents Frequency of

response Responses

per annum Burden hours

per response Annual burden

hours Hourly cost

per response Annual cost

Manufacturers Records:

§ 3282.14 Alter-

native Construc-

tion Submissions 135 0.75 101 2.5 253 $33.57 $8,493.21

IPIA Records:

§ 3282.14 Alter-

native Construc-

tion Submission

Concurrence

Records and Re-

porting ............... 12 14 168 2.0 336 33.57 11,279.52

DAPIA Records:

§ 3282.203/361/364

Design Review

Records and Re-

porting ............... 6 28 168 1.0 168 33.57 5,639.76

Total ............... 153 ........................ 569 ........................ 757 ........................ 25,412.49

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (2 U.S.C. 1531–

1538) establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on state, local,

and tribal governments, and the private

sector. This rule will not impose any

Federal mandates on any state, local, or

tribal government or the private sector

within the meaning of the Unfunded

Mandates Reform Act of 1995.

Environmental Review

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations at 24 CFR part 50, which

implement section 102(2)(C) of the

National Environmental Policy Act of

1969 (42 U.S.C. 4332(2)(C)). The

Finding of No Significant Impact is

available for public inspection between

the hours of 8 a.m. and 5 p.m. weekdays

in the Regulations Division, Office of

General Counsel, Room 10276,

Department of Housing and Urban

Development, 451 Seventh Street SW,

Washington, DC 20410–0500. The

Finding of No Significant Impact will

also be available for review in the

docket for this rule on Regulations.gov.

Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

(5 U.S.C. 601 et seq.) generally requires

an agency to conduct a regulatory

flexibility analysis of any rule subject to

notice and comment rulemaking

requirements, unless the agency certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. It is HUD’s

position that this proposed rule would

not have a significant economic impact

on a substantial number of small

entities. This proposed rule would

regulate establishments primarily

engaged in making manufactured homes

(NAICS 32991). The U.S. Small

Business Administration’s size

standards define an establishment

primarily engaged in making

manufactured homes as small if it does

not exceed 1,250 employees. Of the 222

firms included under this NAICS

definition, approximately 35 produce

manufactured homes subject to HUD’s

Manufactured Housing Construction

and Safety Standards. Other entities

covered by this NAICS code build non-

HUD Code prefabricated buildings. Of

the 35 manufacturers subject to HUD’s

Manufactured Housing Construction

and Safety Standards, 31 are considered

to be small businesses based on the

threshold of 1,250 employees or less.

The final rule applies to all the

manufacturers and thus would affect a

substantial number of small entities.

Small entities have the ability and

capability to offer the same type of

housing products with the same or

similar options, features, and appliances

as larger manufacturers. However,

smaller manufacturers have more

difficulty spreading regulatory costs

over the higher production of homes

like that of a large, higher producing

manufacturer. Small manufacturers

would need to bear the costs, reducing

profit margins accordingly or passing-

through the costs over lower production

amounts. This may disproportionally

increase the cost of housing products for

small manufacturers considering the

same or similar options, features, and

appliances. This rule, however, would

provide small manufacturers greater

flexibility to pursue design options and,

more importantly, obtain cost savings

resulting from the elimination of the

need to obtain HUD approval through

the AC process (see § 3282.14). More

specifically, small manufacturers are

more likely to engage engineering

consultants and other non-staff

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resources in order to provide data and

information needed for the AC process.

Consequently, small manufacturers

would benefit most from this rule’s

provisions that eliminate the AC process

for design and construction of

manufactured homes that incorporate

innovations that have not yet been

codified in HUD’s Construction and

Safety Standards. Additionally, the

elimination of these current regulatory

costs may provide small manufacturers

the opportunity to pursue design and

construction innovations that absent the

rule would have been too costly to

pursue.

For the reasons stated, a substantial

number of small manufacturers with

fewer than 1,250 employees will be

affected by this rule. Nevertheless, HUD

anticipates that the rule will not have a

significant economic impact on them.

Accordingly, the undersigned certifies

that this rule would not have a

significant economic impact on a

substantial number of small entities.

Executive Order 13132, Federalism

Executive Order 13132 (entitled

‘‘Federalism’’) prohibits, to the extent

practicable and permitted by law, an

agency from promulgating a regulation

that has federalism implications and

either imposes substantial direct

compliance costs on state and local

governments and is not required by

statute, or preempts state law, unless the

relevant requirements of section 6 of the

Executive order are met. This rule does

not have federalism implications and

does not impose substantial direct

compliance costs on state and local

governments or preempt state law

within the meaning of the Executive

order.

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic

Assistance number for Manufactured

Housing Construction and Safety

Standards is 14.171.

List of Subjects

24 CFR Part 3280

Fire prevention, Housing standards,

Incorporation by reference.

24 CFR Part 3282

Administrative practice and

procedure, Consumer protection,

Intergovernmental relations,

Investigations, Manufactured homes,

Reporting and recordkeeping

requirements, Warranties.

24 CFR Part 3285

Housing standards, Manufactured

homes.

Accordingly, for the reasons described

in the preamble, HUD amends 24 CFR

parts 3280, 3282, and 3285 to read as

follows:

PART 3280—MANUFACTURED HOME

CONSTRUCTION AND SAFETY

STANDARDS

■1. The authority citation for part 3280

continues to read as follows:

Authority: 15 U.S.C. 2697, 42 U.S.C.

3535(d), 5403, and 5424.

■2. In § 3280.2, add in alphabetical

order a definition for ‘‘Attached

accessory building or structure’’ to read

as follows:

§ 3280.2 Definitions.

* * * * *

Attached accessory building or

structure means any awning, cabana,

deck, ramada, storage cabinet, carport,

windbreak, garage or porch for which

the attachment of such is designed by

the home manufacturer to be

structurally supported by the

manufactured home.

* * * * *

■3. Revise § 3280.3 to read as follows:

§ 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 § 3282.207 of this

chapter.

■4. Amend § 3280.4 as follows:

■a. Revise paragraph (a);

■b. Add paragraph (m)(2);

■c. In the introductory text to

paragraph (p), remove the words

‘‘American Society for Testing and

Materials’’ and add, in their place,

‘‘ASTM, International’’;

■d. Redesignate paragraphs (p)(27)

through (34) as paragraphs (p)(28)

through (35), respectively, and add new

paragraph (p)(27);

■e. Redesignate paragraphs (aa)(4)(xvi)

through (xix) as paragraphs (aa)(4)(xvii)

through (xx), respectively, and add new

paragraph (aa)(4)(xvi); and

■f. Add paragraph (aa)(9);

■g. In paragraph (hh)(9), remove

‘‘§ 3280.208(a)’’ and add, in its place,

‘‘§§ 3280.208(a) and 3280.211(a)’’; and

■h. Add paragraph (hh)(23).

The revision and additions read as

follows:

§ 3280.4 Incorporation by reference.

(a) The specifications, standards, and

codes of the following organizations are

incorporated by reference in 24 CFR

part 3280 (this Standard) pursuant to 5

U.S.C. 552(a) and 1 CFR part 51 as

though set forth in full. The

incorporation by reference of these

standards has been approved by the

Director of the Federal Register. If a later

edition is to be enforced, the

Department will publish a notification

of change in the Federal Register. These

incorporated standards are available for

purchase from the organization that

developed the standard at the

corresponding addresses noted below.

Incorporated standards are available for

inspection at the Office of Manufactured

Housing Program, Manufactured

Housing and Construction Standards

Division, U.S. Department of Housing

and Urban Development, 451 Seventh

Street SW, Room B–133, Washington,

DC 20410, email mhs@hud.gov. Copies

of incorporated standards that are not

available from their producer

organizations may be obtained from the

Office of Manufactured Housing

Programs. These standards are also

available for inspection at the National

Archives and Records Administration

(NARA). For information on the

availability of this material at NARA,

email fedreg.legal@nara.gov or go to

www.archives.gov/federal-register/cfr/

ibr-locations.html.

* * * * *

(m) * * *

(2) ANSI/ASHRAE 62.2–2010,

Ventilation and Acceptable Indoor Air

Quality in Low-Rise Residential

for § 3280.103(d).

* * * * *

(p) * * *

(27) ASTM E 119–05, Standard Test

Methods for Fire Tests of Building

Construction and Materials, approved

September 15, 2005, IBR approved for

§ 3280.1003(a).

* * * * *

(aa) * * *

(4) * * *

(xvi) Article 550.17, IBR approved for

§ 3280.810(b).

* * * * *

(9) NFPA 720, Standard for

Installation of Carbon Monoxide (CO)

Detection and Warning Equipment,

approved for § 3280.211(b).

* * * * *

(hh) * * *

(23) ANSI/UL 2034–2016, Standard

for Single and Multiple Station Carbon

Monoxide Alarms, Third Edition, dated

February 28, 2008 (including revisions

through May 11, 2016), IBR approved

for § 3280.211(a).

* * * * *

■5. In § 3280.5, redesignate paragraphs

(d) through (i) as paragraphs (e) through

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(j), respectively, and add new paragraph

(d) to read as follows:

§ 3280.5 Data plate.

* * * * *

(d) The applicable statement:

This manufactured home IS designed

to accommodate the additional loads

imposed by the attachment of an

attached accessory building or structure

in accordance with the manufacturer

installation instructions. The additional

loads are in accordance with the design

load(s) identified on this Data Plate; or

This manufactured home IS NOT

designed to accommodate the additional

loads imposed by the attachment of an

attached accessory building or structure

in accordance with the manufacturer

installation instructions.

* * * * *

■6. In § 3280.11, revise paragraph (d) to

read as follows:

§ 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.

■7. In § 3280.103, revise paragraph (b)

introductory text and add paragraph (d)

to read as follows:

§ 3280.103 Light and ventilation.

* * * * *

(b) Whole-house ventilation. Each

manufactured home must be provided

with whole-house ventilation having a

minimum capacity of 0.035 ft

3

/min/ft

2

of interior floor space or its hourly

average equivalent. This ventilation

capacity must be in addition to any

openable window area. In no case shall

the installed ventilation capacity of the

system be less than 50 cfm. The

following criteria must be adhered to:

* * * * *

(d) Optional ventilation provisions. As

an option to complying with the

provisions of paragraphs (b) and (c) of

this section, ventilation systems

complying with ANSI/ASHRAE

Standard 62.2 (incorporated by

reference, see § 3280.4) may be used.

■8. In § 3280.108, add paragraph (c) to

read as follows:

§ 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 § 3280.111(b)), and doors to closets

and pantries.

■9. Revise § 3280.111 to read as

follows:

§ 3280.111 Toilet compartments.

(a) Each toilet compartment must be

a minimum of 30 inches wide, except,

when the toilet is located adjacent to the

short dimension of the tub, the distance

from the tub, to the center line of the

toilet must not be less than 12 inches.

At least 21 inches of clear space must

be provided in front of each toilet.

(b) All bathroom passage doors in

single-section homes must have a

minimum clear opening width of 23

inches, and bathroom passage doors in

multi-section homes must have a

minimum clear opening width of 27

inches.

■10. In § 3280.113, redesignate

paragraphs (b), (c), and (d) as paragraphs

(c), (d), and (e), respectively, and add

paragraph (b) to read as follows:

§ 3280.113 Glass and glazed openings.

* * * * *

(b) Required glazed openings shall be

permitted to face into a roofed porch

where the porch abuts a street, yard, or

court and the longer side of the porch

is at least 65 percent open and

unobstructed and the ceiling height is

not less than 7 feet.

* * * * *

■11. Add § 3280.114 to read as follows:

§ 3280.114 Stairways.

(a) Stairways—(1) General. These

minimum standards apply to stairways

that are designed and constructed as

part of the factory-completed

transportable section(s) of a

manufactured home, such as interior

stairways for multi-level or multi-story

homes or external stairways for multi-

level construction features that are

designed and constructed in the factory

on a transportable section and integral

to the access and egress needs within

the transportable section(s) of a home.

These standards do not apply to exterior

stairways that are built at the home site

or stairways to basement areas that are

not designed and built as part of a

transportable section of a manufactured

home.

(2) Width. Stairways must not be less

than 36 inches in clear width at all

points above permitted handrail height

and below the required headroom

height. Handrails must not project more

than 4

1

⁄

2

inches on either side of the

stairway and the minimum clear width

of the stairway at and below the

handrail height, including treads and

landings, must not be less than 31

1

⁄

2

inches where a handrail is installed on

one side and 27 inches where handrails

are provided on both sides.

(3) Stair treads and risers—(i) Riser

height and tread depth. The maximum

riser height must not exceed 8

1

⁄

4

inches

and the minimum tread depth must not

be less than 9 inches. The riser height

must be measured vertically between

leading edges of the adjacent treads. The

tread depth must be measured

horizontally between the vertical planes

of the foremost projection of adjacent

treads and at a right angle to the tread’s

leading edge. The walking surface of

treads and landings of a stairway must

be sloped no steeper than one unit

vertical in 48 units horizontal (a 2-

percent slope). The greatest riser height

within any flight of stairs must not

exceed the smallest by more than

3

⁄

8

inch. The greatest tread depth within

any flight of stairs must not exceed the

smallest by more than

3

⁄

8

inch.

(ii) Profile. The radius of curvature at

the leading edge of the tread must not

be greater than

9

⁄

16

inch. A nosing not

less than

3

⁄

4

inch but not more than 1

1

⁄

4

inches shall be provided on stairways

with solid risers. The greatest nosing

projection must not exceed the smallest

nosing projection by more than

3

⁄

4

inch

between two stories, including the

nosing at the level of floors and

landings. Beveling of nosing must not

exceed

1

⁄

2

inch. Risers must be vertical

or sloped from the underside of the

leading edge of the tread above at an

angle not more than 30 degrees from the

vertical. Open risers are permitted,

provided that the opening between

treads does not permit the passage of a

4-inch diameter sphere. A nosing is not

required where the tread depth is a

minimum of 11 inches. The opening

between adjacent treads is not limited

on stairs with a total rise of 30 inches

or less.

(4) Headroom. The minimum

headroom in all parts of the stairway

must not be less than 6 feet 8 inches,

measured vertically from the sloped

plane adjoining the tread nosing or from

the floor surface of the landing or

platform.

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(5) Winders (winding stairways).

Winders are permitted, provided that

the width of the tread at a point not

more than 12 inches from the side

where the treads are narrower is not less

than 10 inches and the minimum width

of any tread is not less than 6 inches.

Within any flight of stairs, the greatest

winder tread depth at the 12-inch walk

line must not exceed the smallest by

more than

3

⁄

8

inch. The continuous

handrail required by paragraph (c)(3) of

this section must be located on the side

where the tread is narrower.

(6) Spiral stairways. Spiral stairways

are permitted provided the minimum

width is a minimum 26 inches with

each tread having 7

1

⁄

2

inch minimum

tread width at 12 inches from the

narrow edge. All treads must be

identical, and the rise must be no more

than 9

1

⁄

2

inches. Minimum headroom of

6 feet, 6 inches must be provided.

(7) Circular stairways. Circular

stairways must have a tread depth at a

point not more than 12 inches from the

side where the treads are narrower of

not less than 11 inches and the

minimum depth of any tread must not

be less than 6 inches. Tread depth at

any walking line, measured a consistent

distance from a side of the stairway,

must be uniform as specified in

paragraph (a)(2)(i) of this section.

(b) Landings. Every landing must have

a minimum dimension of 36 inches

measured in the direction of travel.

Landings must be located as follows:

(1) There must be a floor or landing

at the top and bottom of each stairway,

except at the top of an interior flight of

basement stairs, provided a door does

not swing over the stairs.

(2) A landing or floor must be located

on each side of an interior doorway and

exterior doorway, to the extent the

external stairway is designed by the

home manufacturer and constructed in

the factory, and the width of each

landing must not be less than the door

it serves. The maximum threshold

height above the floor or landing must

be 1

1

⁄

2

-inches.

(c) Handrails—(1) General. A

minimum of one handrail meeting the

requirements of this section must be

installed on all stairways consisting of

four or more risers. Handrails must be

securely attached to structural framing

members. A minimum space of 1

1

⁄

2

inches must be provided between the

adjoining wall surface and the handrail.

(2) Handrail height. Handrails must

be installed between 34 inches and 38

inches measured vertically from the

leading edge of the stairway treads

except that handrails installed up to 42

inches high must be permitted if serving

as the upper rails of guards required by

paragraph (d) of this section.

(3) Continuity. Required handrails

must be continuous from a point

directly above the leading edge of the

lowest stair tread to a point directly

above the leading edge of the landing or

floor surface at the top of the stairway.

If the handrail is extended at the top of

the stairway flight, the extension must

parallel the floor or landing surface and

must be at the same height as the

handrail above the leading edges of the

treads. If the handrail is extended at the

base of the stair, it must continue to

slope parallel to the stair flight for a

distance of one tread depth, measured

horizontally, before being terminated or

returned or extended horizontally. The

ends of handrails must return into a

wall or terminate in a safety terminal or

newel post.

(4) Graspability. Required handrails

must, if circular in cross section, have

a minimum 1

1

⁄

4

-inch and a maximum 2-

inch diameter dimension. Handrails

with a noncircular cross section must

have a perimeter dimension of at least

4 inches and not more than 6

1

⁄

4

inches

(with a maximum cross-section

dimension of not more than 2

1

⁄

4

inches).

The handgrip portion of the handrail

must have a smooth surface. Edges must

have a minimum

1

⁄

8

-inch radius.

Handrails must be continuously

graspable along their entire length

except that brackets or balusters are not

considered obstructions to graspability

if they do not project horizontally

beyond the sides of the handrail within

1

⁄

2

inches of the bottom of the handrail.

(5) Required resistance of handrails.

Handrails must be designed to resist a

load of 20 lb./ft applied in any direction

at the top and to transfer this load

through the supports to the structure.

All handrails must be able to resist a

single concentrated load of 200 lbs.,

applied in any direction at any point

along the top, and have attachment

devices and supporting structures to

transfer this loading to appropriate

structural elements of the building. This

load is not required to be assumed to act

concurrently with the loads specified in

this section.

(d) Guards. (1) Porches, balconies, or

raised floor surfaces located more than

30 inches above the floor or grade below

must have guards not less than 36

inches in height. Open sides of stairs

with a total rise of more than 30 inches

above the floor or grade below must

have guards not less than 34 inches in

height measured vertically from the

nosing of the treads. Balconies and

porches on the second floor or higher

must have guards a minimum of 42

inches in height.

(2) Required guards on open sides of

stairways, raised floor areas, balconies,

and porches must have intermediate

rails or ornamental closures that do not

allow passage of a sphere 4 inches in

diameter.

(i) The triangular openings formed by

the riser, tread and bottom rail of a

guard at the open side of the stairway

must be of such a size that a sphere of

6 inches cannot pass through.

(ii) Guard systems must be designed

to resist a load of 20 lb./ft applied in any

direction at the top and to transfer this

load through the supports to the

structure. All guard systems must be

able to resist a single concentrated load

of 200 lb., applied in any direction at

any point along the top and have

attachment devices and supporting

structures to transfer this loading to

appropriate structural elements of the

building. This load is not required to be

assumed to act concurrently with the

loads specified in this section.

(e) Stairway illumination. All interior

and exterior stairways must be provided

with a means to illuminate the

stairways, including the landings and

treads.

(1) Interior stairways must be

provided with an artificial light source

located in the immediate vicinity of

each landing of the stairway. For

interior stairs, the artificial light sources

must be capable of illuminating treads

and landings to levels not less than one

(1) foot-candle measured at the center of

treads and landings. The control and

activation of the required interior

stairway lighting must be accessible at

the top and bottom of each stairway

without traversing any steps.

(2) Exterior stairways designed by the

home manufacturer and constructed in

the factory must be provided with an

artificial light source located in the

immediate vicinity of the top landing of

the stairway. An artificial light source is

not required at the top and bottom

landing, provided an artificial light

source is located directly over each

stairway section. The illumination of

exterior stairways must be controlled

from inside the home.

■12. Amend § 3280.209 by

■a. Revising paragraph (a);

■b. Redesignating paragraphs (b)

through (f) as paragraphs (c) through (g);

and

■c. Adding a new paragraph (b).

The addition and revision read as

follows:

§ 3280.209 Smoke Alarm Requirements.

(a) Labeling. Each smoke alarm

required under paragraph (b) of this

section must conform with the

requirements of UL 217 (incorporated

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by reference, see § 3280.4), or ANSI/UL

268 (incorporated by reference, see

§ 3280.4), and must bear a label to

evidence conformance. Combination

smoke and carbon monoxide alarms

shall be listed and must bear a label to

evidence conformance with UL 217 and

ANSI/UL 2034.

(b) Combination alarms. Combination

smoke and carbon monoxide alarms

shall be permitted to be used in lieu of

smoke alarms. If installed, such alarms

must meet location requirements for

both smoke alarms and carbon

monoxide alarms.

* * * * *

■13. Add § 3280.211 to read as follows:

§ 3280.211 Carbon monoxide alarm

requirements.

(a) Labeling. Carbon monoxide alarms

shall be listed and must bear a label to

evidence conformance with ANSI/UL

2034 (incorporated by reference, see

§ 3280.4). Combination carbon

monoxide and smoke alarms shall be

listed and must bear a label to evidence

conformance with ANSI/UL 2034 and

UL 217 (incorporated by reference, see

§ 3280.4).

(b) Required carbon monoxide alarm

locations. Carbon monoxide alarms

must be installed in each home

containing either a fuel burning

appliance or designed by the home

manufacturer to include an attached

garage. Carbon monoxide alarms must

be installed outside of each separate

sleeping area in the immediate vicinity

of the bedrooms and in accordance with

the alarm manufacturer’s installation

instructions. Where a fuel-burning

appliance is located within a bedroom

or its attached bathroom, a carbon

monoxide alarm must be installed

within the bedroom and in accordance

with the manufacturer’s installation

instructions. Carbon monoxide alarms

must be installed in conformance with

NFPA 720 (incorporated by reference,

see § 3280.4).

(c) Interconnectivity. Where more

than one carbon monoxide alarm is

required to be installed, the alarm

devices shall be interconnected in such

a manner that the actuation of one alarm

will activate all the alarms installed.

(d) Connection to power source. Each

carbon monoxide alarm must be

powered from the electrical system of

the home as the primary power source

and a battery as a secondary power

source.

(e) Combination alarms. Combination

carbon monoxide and smoke alarms

shall be permitted to be used in lieu of

carbon monoxide alarms. When

combination carbon monoxide and

smoke alarms are used, they shall be

installed to also comply with

§ 3280.209.

(f) Basement applications. For each

home designed to be placed over a

basement, the manufacturer must

provide a carbon monoxide alarm for

the basement and must install the

electrical junction box for the

installation of this carbon monoxide

alarm for its interconnection with other

alarms required by this section.

(g) Testing. Each required carbon

monoxide alarm installed at the factory

must be operationally tested, after

conducting the dielectric test specified

in § 3280.810(a), in accordance with the

alarm manufacturer’s instructions. A

carbon monoxide alarm that does not

function as designed during the test and

is not satisfactorily repaired so that it

functions properly in the next retest

must be replaced. Any replacement

carbon monoxide alarm must be

successfully tested in accordance with

this section.

■14. Add § 3280.212 to read as follows:

§ 3280.212 Factory constructed or site-

built attached garages.

(a) When a manufactured home is

designed for factory construction with

an attached garage or is designed for

construction of an attached site-built

garage that is not self-supported, the

manufacturer must design the

manufactured home to accommodate all

appropriate live and dead loads from

the attached garage structure that will be

transferred through the manufactured

home structure to the home’s support

and anchoring systems.

(b) The design must specify the

following home and garage

characteristics including maximum

width, maximum sidewall height,

maximum roof slope, live and dead

loads, and other design limitations or

restrictions using loads provided by this

Code.

(c) When a manufactured home is

factory constructed with an attached

garage or is constructed for the

attachment of a site-built garage,

provisions must be made to provide fire

separation between the garage and the

manufactured home.

(1) The garage must be separated from

the manufactured home and its attic by

not less than

1

⁄

2

-inch gypsum board or

equivalent applied to the garage side of

the manufactured home, separation

shall be from the underside of the floor

to the underside of the roof deck and

may be provided on-site as part of an On

Site Completion of Construction

approval. Garages beneath habitable

rooms must be separated from all

habitable rooms by

5

⁄

8

-inch, Type X

gypsum board or equivalent. Where the

separation is a floor ceiling assembly,

the structure supporting the separation

must also be protected by not less than

1

⁄

2

-inch gypsum board or equivalent.

The design approval and the

manufacturer’s installation instructions

must also include provision for

equivalent vertical or horizontal

separation between the garage and the

manufactured home as appropriate.

(2) [Reserved]

(d) Openings from a garage directly

into a room designated for sleeping

purposes are not permitted.

(e) Other openings between the garage

and the manufactured home must:

(1) Be equipped with solid wood

doors not less than 1

3

⁄

8

inch in

thickness, or solid or honeycomb steel

doors not less than 1

3

⁄

8

inch in

thickness, or 20-minute fire-rated doors,

and all doors shall be of the self-closing

type; and

(2) Be in addition to the two exterior

doors required by § 3280.105.

(f) Ducts penetrating the walls or

ceilings separating the manufactured

home from the garage must be

constructed of a minimum No. 26 gauge

steel or other approved material and

must have no openings into the garage.

(g) Installation instructions shall be

provided by the home manufacturer

that, in addition to addressing the fire

separation as required in this section,

shall identify acceptable attachment

locations, indicate design limitations for

the attachment of the garage including

acceptable live and dead loads for

which the home has been designed to

accommodate, and provide support and

anchorage designs as necessary to

transfer all imposed loads to the ground

in accordance with §§ 3285.301 and

3285.401 of this chapter.

(h) A site-built, self-supported garage

is considered an add-on, per

3282.8(j)(1), that does not affect the

ability of the manufactured home to

comply with the Construction and

Safety Standards. The design and

construction of the garage is subject to

state and or local authorities having

jurisdiction.

■15. Add § 3280.213 to read as follows:

§ 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

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structure to the home’s support and

anchoring systems.

(b) The design, including the home’s

installation instructions, must specify

the following home and carport

characteristics including maximum

width, maximum sidewall height, live

and dead loads, and other design

limitations or restrictions.

(1) Alternatively, the manufacturer

may provide, by design and home

installation instructions, the maximum

live and dead loads, and the applied

loading locations, that the home is

designed to resist from the carport, and

other design limitations or restrictions.

(2) [Reserved].

(c) Homes may be designed with a

factory-installed host beam (i.e., ledger

board) or specific roof truss rail for the

attachment of the carport to the exterior

wall of the home. The host beam (i.e.,

ledger board) must be designed to

transmit the appropriate live and dead

loads at the interface between the

carport and the manufactured home. In

cases where the carport is designed to

be supported by the roof truss overhang,

the roof trusses must be designed to

support the additional live and dead

loads from the carport.

(1) Any portion of the host beam (i.e.,

ledger board) and all fasteners exposed

to the weather shall be protected in

accordance with § 3280.307.

(2) [Reserved].

(d) To ensure that the attachment of

the carport does not interfere with roof

or attic ventilation, the manufacturer

must provide specific instructions to

ensure continued compliance with the

manufactured home roof or attic

ventilation requirements in accordance

with § 3280.504(d).

(e) Installation instructions shall be

provided by the home manufacturer that

identify acceptable attachment

locations, indicate design limitations for

the attachment of the carport including

acceptable live and dead loads for

which the home has been designed to

accommodate, and provide support and

anchorage designs as necessary to

transfer all imposed loads to the ground

in accordance with §§ 3285.301 and

3285.401 of this chapter.

(1) The manufacturer must ensure that

any anchoring system designs

incorporating anchorage to resist

combined shear wall and carport uplift

loads are evaluated for adequacy to

resist the combined loads, taking into

consideration the limitations of the

ground anchor test and certification.

(2) [Reserved].

(f) A site-built, self-supported carport

is considered an add-on, as provided by

§ 3282.8(j)(1), that does not affect the

ability of the manufactured home to

comply with the standards. The design

and construction of the carport is

subject to state and or local authorities

having jurisdiction.

■16. In § 3280.305, revise paragraphs

(a), (e)(1), (g)(6), and (h)(5) to read as

follows:

§ 3280.305 Structural design requirements.

(a) General. Each manufactured home

must be designed and constructed as a

completely integrated structure capable

of sustaining the design load

requirements of this part and must be

capable of transmitting these loads to

stabilizing devices without exceeding

the allowable stresses or deflections.

Roof framing must be securely fastened

to wall framing, walls to floor structure,

and floor structure to chassis to secure

and maintain continuity between the

floor and chassis, so as to resist wind

overturning, uplift, and sliding as

imposed by design loads in this part. In

multistory construction, each story must

be securely fastened to the story above

and/or below to provide continuity and

resist design loads in this part.

Uncompressed finished flooring greater

than

1

⁄

8

inch in thickness must not

extend beneath load-bearing walls that

are fastened to the floor structure.

* * * * *

(e) * * *

(1) Roof framing must be securely

fastened to wall framing, walls to floor

structure, and floor structure to chassis,

to secure and maintain continuity

between the floor and chassis in order

to resist wind overturning, uplift, and

sliding, and to provide continuous load

paths for these forces to the foundation

or anchorage system. The number and

type of fasteners used must be capable

of transferring all forces between

elements being joined. In multistory

construction, each story must be

securely fastened to the story above

and/or below to provide continuity and

resist design loads in this section.

* * * * *

(g) * * *

(6) Bottom board material (with or

without patches) must meet or exceed

the level of 48 inch-pounds of puncture

resistance as tested by the Beach

Puncture Test in accordance with

Standard Test Methods for Puncture and

Stiffness of Paperboard, and Corrugated

and Solid Fiberboard, ASTM D781–

1968 (Reapproved 1973) (incorporated

by reference, see § 3280.4). The material

must be suitable for patches and the

patch life must be equivalent to the

material life. Patch installation

instruction must be included in the

manufactured home manufacturer’s

instructions. The bottom board material

must be tight fitted against all

penetrations.

(h) * * *

(5) Portions of roof assemblies,

including, but not limited to, dormers,

gables, crickets, hinged roof sections,

sheathing, roof coverings,

underlayments, flashings, and eaves and

overhangs are permitted to be assembled

and installed on site in accordance with

24 CFR part 3282, subpart M, provided

that the requirements in paragraphs

(h)(5)(i) through (v) of this section are

met.

(i) Approved installation instructions

must be provided that include

requirements for the following items:

(A) Materials, installation, and

structural connections complying with

this section;

(B) Installation and fastening of

sheathing and roof coverings;

(C) Installation of appliance vent

systems in accordance with § 3280.710;

(D) Installation of plumbing vents as

required by § 3280.611; and

(E) Installation of attic ventilation in

accordance with § 3280.504(c).

(ii) The installation instructions

specified in paragraph (h)(5)(i) of this

section must include drawings, details,

and instructions as necessary to assure

that the on-site work complies with the

approved design.

(iii) The installation instructions

specified in paragraph (h)(5)(i) of this

section must provide for inspection of

the work at the installation site. As

necessary to ensure conformance,

inspection panels may be required, or

inspections may need to occur in stages

that assure inspections are performed

before any work is concealed. Such

inspection procedures shall be

addressed in the approved installation

instructions.

(iv) Temporary weather protection

must be provided per § 3280.307(e).

* * * * *

■17. Amend § 3280.307 by adding

paragraph (e) to read as follows:

§ 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.

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(2) Methods for on-site completion

and finishing of these elements are

included in the approved design.

(3) Complete installation instructions

and the required materials for finishing

these elements are provided.

■18. In § 3280.504, add paragraph (a)(3)

and revise paragraph (b) introductory

text to read as follows:

§ 3280.504 Condensation control and

installation of vapor retarders.

(a) * * *

(3) In multi-story manufactured

homes, the ceiling vapor retarder is

permitted to be omitted when the story

directly above is part of the same

manufactured home.

(b) Exterior walls. Exterior walls must

be provided with a system or method to

manage moisture and vapor

accumulation with one of the elements

in paragraphs (b)(1) through (4) of this

section. For purposes of the requirement

in this paragraph (b), the fire separation

wall between each attached

manufactured home must be considered

to be an exterior wall. See subpart K of

this part

* * * * *

■19. Amend § 3280.506 as follows:

■a. Redesignate paragraphs (a), (b), and

(c) as paragraphs (b), (c), and (d),

respectively;

■b. Designate the introductory text as

paragraph (a);

■c. In newly designated paragraph (a):

■i. Remove ‘‘of this subpart;’’

■ii. Remove ‘‘figure 506’’ and add

‘‘figure 1 to this paragraph (a)’’ in its

place; and

■iii. Add a heading for the figure.

■d. In newly redesignated paragraph

(b):

■i. Remove the heading;

■ii. Add a comma between

‘‘ventilation’’ and ‘‘and;’’

■iii. Remove ‘‘below’’ and add ‘‘in the

table to this paragraph (b)’’ in its place;

and

■iv. Add a heading for the table; and

■e. Revise newly redesignated

paragraph (c).

The revisions and additions to read as

follows:

§ 3280.506 Heat loss/heat gain.

(a) * * *

Figure 1 to Paragraph (a)

(b) * * *

Table 1 to Paragraph (b)

* * * * *

(c) To assure uniform heat

transmission in manufactured homes,

cavities in exterior walls, floors, and

ceilings must be provided with thermal

insulation. For insulation purposes, the

fire separation wall between each single

family attached manufactured home

shall be considered an exterior wall (see

subpart K of this part).

* * * * *

■20. In § 3280.602, add alphabetically

the definition for ‘‘Indirect waste

receptor’’ to read as follows:

§ 3280.602 Definitions.

* * * * *

Indirect waste receptor means a

receptor that receives a discharge waste

pipe that is not directly connected to a

receptor but maintains a suitable air gap

between the end of the pipe and the top

of the drain.

* * * * *

■21. In § 3280.608, revise paragraph (b)

to read as follows:

§ 3280.608 Hangers and supports.

* * * * *

(b) Piping supports. Piping must be

secured at sufficiently close intervals to

keep the pipe in alignment and carry the

weight of the pipe and contents. Unless

otherwise stated in the standards

incorporated by reference for specific

materials at § 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.

* * * * *

■22. In § 3280.609, revise paragraph

(c)(1)(iii) and add paragraph (c)(1)(iv) to

read as follows:

§ 3280.609 Water distribution systems.

* * * * *

(c) * * *

(1) * * *

(iii) Relief valves must be provided

with full-sized drains, with cross

sectional areas equivalent to that of the

relief valve outlet. The outlet of a

pressure relief valve, temperature relief

valve, or combination thereof, must not

be directly connected to the drainage

system. The discharge from the relief

valve must be piped full size separately

to the exterior of the manufactured

home, not underneath the home, or to

an indirect waste receptor located inside

the manufactured home. Exterior relief

drains shall be directed down and shall

terminate between 6″ and 24″ above

finished grade. Drain lines must be of a

material listed for hot water distribution

and must drain fully by gravity, must

not be trapped, and must not have their

outlets threaded, and the end of the

drain must be visible for inspection.

(iv) Relief valve piping designed to be

located underneath the manufactured

home is not required to be installed at

the factory provided the manufacturer

designs the system for site assembly and

also provides all materials and

components including piping, fittings,

cement, supports, and instructions for

proper site installation.

* * * * *

■23. In § 3280.610, add headings to

paragraphs (c)(1) and (4) and revise

paragraph (c)(5) to read as follows:

§ 3280.610 Drainage systems.

* * * * *

(c) * * * (1) General. ***

* * * * *

(4) Size Requirement. ***

(5) Preassembly of drain lines.

Section(s) of the drain system, designed

to be located underneath the

manufactured home or between stories

of the manufactured home, are not

required to be factory installed when the

manufacturer designs the system for site

assembly and also provides all materials

and components, including piping,

fittings, cement, supports, and

instructions necessary for proper site

installation.

* * * * *

■24. Amend § 3280.611 as follows:

■a. Remove the comma at the end of

paragraph (c)(1)(i) and add a semicolon

in its place; and

■b. Revise paragraph (c)(1)(ii).

The revisions to read as follows:

§ 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

* * * * *

■25. In § 3280.612, amend paragraph

(a) to read as follows:

§ 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.

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The water used for the test must be

obtained from a potable water source.

* * * * *

■26. Amend § 3280.705 by:

■a. Revising paragraph (c)(1);

■b. In paragraph (j), removing ‘‘shall’’

and add in its place ‘‘must’’ wherever it

appears;

■c. Revising paragraphs (k), (l)(7), and

(l)(8)(i); and

■d. Adding paragraph (l)(8)(iii).

The revisions and addition to read as

follows:

§ 3280.705 Gas piping systems.

* * * * *

(c) * * *

(1) All points of crossover beneath the

transportable sections must be readily

accessible from the exterior of the home.

In multi-story manufactured homes, the

interconnections between stories must

be accessible through a panel on the

exterior or interior of the manufactured

home.

* * * * *

(k) Identification of gas supply

connections. Each manufactured home

must have permanently affixed to the

exterior skin at or near each gas supply

connection or the end of the pipe, a tag

of 3 inches by 1

3

⁄

4

inches minimum size,

made of etched, metal-stamped or

embossed brass, stainless steel,

anodized or alcalde aluminum not less

than 0.020 inch thick, or other approved

material [e.g., 0.005 inch plastic

laminates], with the information shown

in Figure 1 to this paragraph (k). The

connector capacity indicated on this tag

must be equal to or greater than the total

Btu/hr rating of all intended gas

appliances.

(l) * * *

(7) Hangers and supports. All

horizontal gas piping must be

adequately supported by galvanized or

equivalently protected metal straps or

hangers at intervals of not more than 4

feet, except where adequate support and

protection is provided by structural

members. Vertical gas piping in multi-

story dwelling units must be supported

at intervals of not more than 6 feet.

Solid iron-pipe connection(s) must be

rigidly anchored to a structural member

within 6 inches of the supply

connection(s).

(8) * * * (i) Before appliances are

connected, piping systems must stand a

pressure of three ± 0.2 psi gauge for a

period of not less than ten minutes

without showing any drop in pressure.

Pressure must be measured with a

mercury manometer or slope gauge

calibrated so as to be read in increments

of not greater than one-tenth pound, or

an equivalent device. The source of

normal operating pressure must be

isolated before the pressure tests are

made. Before a test is begun, the

temperature of the ambient air and of

the piping must be approximately the

same, and constant air temperature must

be maintained throughout the test.

* * * * *

(iii) Where gas piping between

transportable sections must be made on

site, the installation instructions must

contain provisions for onsite testing for

leakage consistent with the provisions

in paragraph (l)(8)(i) of this section.

■27. In § 3280.708, revise paragraph

(a)(1) introductory text to read as

follows:

§ 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

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of the exhaust duct system is not

required when the following apply:

* * * * *

■28. In § 3280.709, revise paragraph (a)

to read as follows:

§ 3280.709 Installation of appliances.

(a) The installation of each appliance

must conform to the terms of its listing

and the manufacturer’s instructions.

The manufactured home manufacturer

must leave the appliance manufacturer’s

instructions attached to the appliance.

Every appliance must be secured in

place to avoid displacement. For the

purpose of servicing and replacement,

each appliance must be both accessible

and removable.

(1) A direct vent space heating

appliance is permitted to be shipped

loose for on-site installation in a

basement provided the following:

(i) The heating appliance is listed for

the installation.

(ii) Approved installation instructions

are provided that include requirements

for completion of all gas and electrical

connections and provide for the

manufacturer’s inspection and/or testing

of all connections.

(iii) Approved instructions are

provided to assure connection of the

vent and combustion air systems in

accordance with § 3280.710(b), and to

provide for the manufacturer’s

inspection of the systems for

compliance.

(iv) Approved installation and the

manufacturer’s inspection procedures

are provided for the connection of the

site-installed heating appliance to the

factory-installed circulation air system

and return air systems.

(2) The procedures must include

revisions to assure compliance of the

installed systems with § 3280.715.

* * * * *

■29. In § 3280.710, revise paragraph (d)

to read as follows:

§ 3280.710 Venting, ventilation, and

combustion air.

* * * * *

(d) Venting systems of fuel-burning

appliances must terminate at least three

feet above any motor-driven air intake

discharging into habitable rooms when

located within ten feet of the air intake.

* * * * *

■30. Amend § 3280.802 by:

■a. Redesignating paragraphs (a)(4)

through (41) as paragraphs (a)(5)

through (42);

■b. Adding a new paragraph (a)(4); and

■c. Adding and reserving paragraph (b).

The additions read as follows:

§ 3280.802 Definitions.

* * * * *

(a) * * *

(4) Attached accessory building or

structure means any awning, cabana,

deck, ramada, storage cabinet, carport,

windbreak, garage, or porch for which

the attachment of such is designed by

the home manufacturer to be

structurally supported by the

manufactured home.

* * * * *

(b) [Reserved]

■31. In § 3280.807, add paragraph (g) to

read as follows:

§ 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.

■32. In § 3280.810, revise paragraph (b)

to read as follows:

§ 3280.810 Electrical testing.

* * * * *

(b) Additional testing. Each

manufactured home must be subjected

to the following tests:

(1) An electrical continuity test to

assure that metallic parts are effectively

bonded;

(2) An operational test of all devices

and utilization equipment, except water

heaters, electric ranges, electric

furnaces, dishwashers, clothes washers/

dryers, and portable appliances, to

demonstrate they are connected and in

working order; and

(3) Electrical polarity checks to

determine that connections have been

made in accordance with applicable

provisions of these standards and

Article 550.17 of NFPA 70–2005

(incorporated by reference, see

§ 3280.4). Visual verification is an

acceptable electrical polarity check.

§ 3280.902 [Amended]

■33. In § 3280.902(b), remove ‘‘an A

frame’’ and add in its place ‘‘a rigid

substructure.’’

■34. Revise § 3280.903 to read as

follows:

§ 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 § 3280.902(f)) must withstand the

effects of highway movement such that

the home is capable of being transported

safely and installed as a habitable

structure. Structural, plumbing,

mechanical, and electrical systems must

be designed to function after set-up. The

home must remain weather protected

during the transportation sequence to

prevent internal damage.

(b) Testing or analysis requirements.

Suitability of the transportation system

and home structure to withstand the

effects of transportation must be

permitted to be determined by testing,

or engineering analysis, or a

combination of the two as required by

paragraphs (b)(1) and (2) of this section.

(1) Road tests. Tests must be

witnessed by an independent registered

professional engineer or architect,

manufacturer’s IPIA or DAPIA, or by a

recognized testing organization. Such

testing procedures must be part of the

manufacturer’s approved design.

(2) Engineering analysis. Engineering

analysis methods based on the

principles of mechanics and/or

structural engineering may be used to

substantiate the adequacy of the

transportation system to withstand in-

transit loading conditions. As

transportation loadings are typically

critical in the longitudinal direction,

analysis should, in particular, provide

emphasis on design of longitudinal

structural components of the

manufactured home (e.g., main chassis

girder beams, sidewalls, and rim joists,

etc.). Notwithstanding, all structural

elements necessary to the structural

integrity of the manufactured home

during in-transit loading are also to be

evaluated (e.g., transverse chassis

members and floor framing members,

etc.).

(i)(A) The summation of the design

loads in paragraphs (b)(2)(i)(A)(1)

through (3) of this section may be used

to determine the adequacy of the chassis

in conjunction with the manufactured

home structure to resist in-transit

loading:

(1) Dead load, the vertical load due to

the weight of all structural and non-

structural components of the

manufactured home at the time of

shipment.

(2) Floor load, a minimum of 3

pounds per square foot.

(3) Dynamic loading factor,

(0.25)[(b2iA) + (b2iB)].

(B) However, the in-transit design

loading need not exceed twice the dead

load of the manufactured home.

(ii) To determine the adequacy of

individual longitudinal structural

components to resist the in-transit

design loading, a load distribution based

on the relative flexural rigidity and

shear stiffness of each component may

be utilized. For the purpose of loading

distribution, the sidewall may be

considered to be acting as a ‘‘deep

beam’’ in conjunction with other load

carrying elements in determining the

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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.

■35. In § 3280.904, revise paragraphs

(a), (b)(1) through (6) and (8) through

(10) to read as follows:

§ 3280.904 Specific requirements for

designing the transportations system.

(a) General. The transportation system

must be designed and constructed as an

integrated unit which is safe and

suitable for its specified use. In

operation, the transportation system

must effectively respond to the control

of the towing vehicle tracking and

braking, while traveling at applicable

highway speeds and in normal highway

traffic conditions.

(b) Specific requirements—(1)

Drawbar. The drawbar must be

constructed of sufficient strength,

rigidity, and durability to safely

withstand those dynamic forces

experienced during highway

transportation. It must be securely

fastened to the manufactured home

substructure.

(2) Coupling mechanism. The

coupling mechanism (which is usually

of the socket type) must be securely

fastened to the drawbar in such a

manner as to assure safe and effective

transfer of the maximum loads,

including dynamic loads, between the

manufactured home structure and the

hitch-assembly of the towing vehicle.

The coupling must be equipped with a

manually operated mechanism so

adapted as to prevent disengagement of

the unit while in operation. The

coupling must be so designed that it can

be disconnected regardless of the angle

of the manufactured home to the towing

vehicle.

(3) Chassis. The chassis, in

conjunction with the manufactured

home structure, must be constructed to

effectively sustain the design loads. The

integrated structure must be capable of

ensuring the integrity of the complete

manufactured home and ensuring

against excessive deformation of

structural or finish members.

(4) Running gear assembly—(i) Design

criteria. The design load used to size

running gear components must be the

gross static dead weight minus the static

tongue weight supported by the

drawbar. Running gear must be

designed to accept shock and vibration,

both from the highway and the towing

vehicle and effectively dampen these

forces so as to protect the manufactured

home structure from damage and

fatigue. Its components must be

designed to facilitate routine

maintenance, inspection, and

replacement.

(ii) Location. Location of the running

gear assembly must be determined by

documented engineering analysis,

taking into account the gross weight

(including all contents), total length of

the manufactured home, the necessary

coupling hitch weight, span distance,

and turning radius. Weights shall be

checked with the home in a level

position ready for transport. The

coupling weight must be not less than

12 percent nor more than 25 percent of

the gross weight.

(5) Spring assemblies. Spring

assemblies (springs, hangers, shackles,

bushings, and mounting bolts) must be

capable of supporting the running gear

design loads, without exceeding

maximum allowable stresses for design

spring assembly life as recommended by

the spring assembly manufacturer. The

capacity of the spring system must

ensure that under maximum operating

load conditions, sufficient clearance is

maintained between the tire and

manufactured home’s frame or structure

to permit unimpeded wheel movement

and for changing tires.

(6) Axles. Axles, and their connecting

hardware, must be capable of

supporting the static running gear

design loads, without exceeding

maximum allowable design axle loads

as recommended by the axle

manufacturer. The number and load

capacity necessary to provide a safe tow

must not be less than those required to

support the design load.

(i) Recycled axles. Before reuse, all

axles, including all component parts,

must be reconditioned as required

pursuant to a program accepted by a

nationally recognized testing agency.

The recycling program must be

approved, and the axles must be labeled

by a nationally recognized testing

agency. Recycled axles and their

components must utilize compatible

components and be of the same size and

rating as the original equipment.

(ii) [Reserved].

* * * * *

(8) Tires, wheels, and rims. Tires,

wheels, and rims must be selected,

sized, and fitted to axles so that static

dead load supported by the running gear

does not exceed the load capacity of the

tires. Tires must not be loaded beyond

the load rating marked on the sidewall

of the tire or, in the absence of such a

marking, the load rating specified in any

of the publications of any of the

organizations listed in Federal Motor

Vehicle Safety Standard (FMVSS) No.

119 in 49 CFR 571.119, S5.1(b). Wheels

and rims must be sized in accordance

with the tire manufacturer’s

recommendations as suitable for use

with the tires selected.

(i) Inflation pressure. The load and

cold inflation pressure imposed on the

rim or wheel must not exceed the rim

and wheel manufacturer’s instructions

even if the tire has been approved for a

higher load or inflation. Tire cold

inflation pressure limitations and the

inflation pressure measurement

correction for heat must be as specified

in 49 CFR 393.75(h).

(ii) Used tires. Whenever the tread

depth is at least

1

⁄

16

inch as determined

by a tread wear indicator, used tires are

permitted to be sized in accordance

with 49 CFR 571.119. The

determination as to whether a used tire

is acceptable must also include a visual

inspection for thermal and structural

defects (e.g., dry rotting, excessive tire

sidewall splitting, etc.). Used tires with

such structural defects must not be

installed on manufactured homes.

(9) Brake assemblies—(i) Braking

axles. The number, type, size, and

design of brake assemblies required to

assist the towing vehicle in providing

effective control and stopping of the

manufactured home must be determined

and documented by engineering

analysis. Those alternatives listed in

§ 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 § 3280.903(a)(1) or tests

in accordance with paragraph (b)(9)(ii)

of this section, there must be a

minimum of two axles equipped with

brake assemblies on each manufactured

home transportable section.

(ii) Stopping distance. Brakes on the

towing vehicle and the manufactured

home (a drive-away/tow-away) must be

capable of ensuring that the maximum

stopping distance from an initial speed

of 20 miles per hour does not exceed 35

feet in accordance with 49 CFR

393.52(d) for 2 or fewer vehicles in

drive away or tow away operation.

(iii) Electrical brake wiring. Brake

wiring must be provided for each brake.

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The brake wire must not be less than the

value specified in the brake

manufacturer’s instructions. Aluminum

wire, when used, must be provided with

suitable termination that is protected

against corrosion.

(10) Lamps and associated wiring.

Stop lamps, turn signal/lamps, and

associated wiring must meet the

appropriate sections of FMVSS No. 108

in 49 CFR 571.108, which specify the

performance and location of these lamps

and their wiring. The manufacturer may

meet these requirements by utilizing a

temporary light/wiring harness, which

has components that meet the FMVSS

No. 108. The temporary harness is

permitted to be provided by the

manufactured home transportation

carrier.

■36. Add subpart K to read as follows:

Subpart K—Attached Manufactured

Homes and Special Construction

Considerations

Sec.

3280.1001 Scope.

3280.1002 Definitions.

3280.1003 Attached manufactured home

unit separation.

3280.1004 Exterior walls.

3280.1005 Electrical service.

3280.1006 Water service.

§ 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.

§ 3280.1002 Definitions.

The following definitions are

applicable to this subpart only:

Attached manufactured home. Two or

more adjacent manufactured homes that

are structurally independent from

foundation to roof and with open space

on at least two sides, but which have the

appearance of a physical connection

(i.e., zero lot line).

Fire separation wall. An adjoining

wall of a manufactured home that

separates attached manufactured homes

with a fire separation distance of less

than three feet.

§ 3280.1003 Attached manufactured home

unit separation.

(a) Separation requirements. (1)

Attached manufactured homes shall be

separated from each other by a fire

separation wall of not less than 1-hour

fire-resistive rating with exposure from

both sides on each attached

manufactured home unit when rated

based on tests in accordance with

ASTM E119–05 (incorporated by

reference, see § 3280.4).

(2) Fire-resistance-rated floor/ceiling

and wall assemblies shall extend to and

be tight against the exterior wall, and

wall assemblies shall extend from the

foundation to the underside of the roof

sheathing.

(b) Fire separation penetrations. (1)

Fire rated fire separation walls must not

contain through penetrations or

openings.

(2) Membrane penetrations for

electrical boxes are permitted on the

living side of the wall under the

following conditions:

(i) Steel electrical boxes not exceeding

16 square inches may be installed

provided that the total area of such

boxes does not exceed 100 square

inches in any 100 square feet wall area.

Steel electrical boxes in adjacent fire

separation walls must be separated by a

horizontal distance of not less than 24

inches.

(ii) Listed 2-hour fire-resistant

nonmetallic electrical boxes are

installed in accordance with the listings.

(iii) No other membrane penetrations

are allowed.

(c) Continuity of walls. The fire

separation walls for single-family

attached dwelling units must be

continuous from the foundation to the

underside of the roof sheathing, deck, or

slab and must extend the full length of

the fire separation walls.

(d) Parapets. (1) Parapets constructed

in accordance with paragraph (d)(2) of

this section must be provided for

attached manufactured homes as an

extension of fire separation walls in

accordance with the following:

(i) Where roof surfaces adjacent to the

fire separation walls are at the same

elevation, the parapet must extend not

less than 30 inches above the roof

surfaces.

(ii) Where roof surfaces adjacent to

the wall or walls are at different

elevations and the higher roof is not

more than 30 inches above the lower

roof surface, the parapet must not

extend less than 30 inches above the

lower roof surface.

(A) Parapets must be provided unless

roofs are of a Class C roof covering and

the roof decking or sheathing is of

noncombustible materials or approved

fire-retardant-treated wood for a

distance of four feet on each side of the

common fire separation walls; or one

layer of

5

⁄

8

inch Type X gypsum board

or equivalent is installed directly

beneath the roof decking or sheathing

for a distance of four feet on each side

of the fire separation walls.

(B) A parapet must not be required

where roof surfaces adjacent to the

common walls are at different elevations

and the higher roof is more than 30

inches above the lower roof. The fire

separation wall construction from the

lower roof to the underside of the higher

roof deck must not have less than a 1-

hour fire-resistive rating. The wall must

be rated for exposure from both sides.

(2) Parapets must have the same fire

resistance rating as that required for the

supporting wall or walls. On any side

adjacent to a roof surface, the parapet

must have noncombustible faces for the

uppermost 18 inches, to include counter

flashing and coping materials. Where

the roof slopes toward a parapet at

slopes greater than

2

⁄

12

(16.7 percent

slope), the parapet must extend to the

same height as any portion of the roof

within a distance of three feet, but in no

case will the height be less than 30

inches.

§ 3280.1004 Exterior walls.

(a) The requirements of § 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 § 3280.506 for

heat loss/gain insulation apply to the

fire separation wall on each attached

manufactured home.

§ 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.

§ 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

■37. The authority citation for part

3282 is revised to read as follows:

Authority: 15 U.S.C. 2697, 28 U.S.C. 2461

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

■38. In § 3282.7, redesignate

paragraphs (d) through (nn) as (e)

through (oo) and add new paragraph (d)

to read as follows:

§ 3282.7 Definitions.

* * * * *

(d) Attached accessory building or

structure means any awning, cabana,

deck, ramada, storage cabinet, carport,

windbreak, garage, or porch for which

the attachment of such is designed by

the home manufacturer to be

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2526

Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations

structurally supported by the

manufactured home.

* * * * *

■39. In § 3282.8, revise paragraph (j) to

read as follows:

§ 3282.8 Applicability.

* * * * *

(j) Add-on. An add-on including an

attached accessory building or structure

added by the retailer or some party

other than the manufacturer (except

where the manufacturer acts as a

retailer) as part of a simultaneous

transaction involving the sale of a new

manufactured home, is not governed by

the standards and is not subject to the

regulations in this part except as

identified in this section and part 3280

of this chapter. The addition of any add-

on or attached accessory building or

structure must not affect the ability of

the manufactured home to comply with

the standards. If the addition of an add-

on or attached accessory building or

structure causes the manufactured home

to fail to conform to the standards, then

sale, lease, and offer for sale or lease of

the home are prohibited until the

manufactured home is brought into

conformance with the standards.

(1) With the exception of attached

accessory buildings or structures, add-

ons must be structurally independent

and any attachment between the home

and the add-on must be for

weatherproofing or cosmetic purposes

only.

(2) If an attached accessory building

or structure is not structurally

independent all the following must be

met for attachment to the manufactured

home:

(i) Manufactured home must be

designed and constructed to

accommodate all imposed loads,

including any loads imposed on the

home by the attached accessory building

or structure, in accordance with part

3280 of this chapter.

(ii) Data plate must indicate that home

has been designed to accommodate the

additional loads imposed by the

attachment of the attached accessory

buildings or structures and must

identify the design loads.

(iii) Installation instructions shall be

provided by the home manufacturer

which identifies acceptable attachment

locations, indicates design limitations

for the attached accessory building or

structure including acceptable live and

dead loads for which the home has been

designed to accommodate and provide

support and anchorage designs as

necessary to transfer all imposed loads

to the ground in accordance with part

3285 of this chapter.

* * * * *

■40. In § 3282.14, revise paragraph (a)

introductory text to read as follows:

§ 3282.14 Alternative construction of

manufactured homes.

(a) Policy. In order to promote the

purposes of the Act, the Department

will permit the sale or lease of one or

more manufactured homes not in

compliance with the standards under

circumstances wherein no affirmative

action is needed to protect the public

interest. An add-on, including an

attached accessory building or structure

which does not affect the performance

and ability of the manufactured home to

comply with the standards in

accordance with § 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:

* * * * *

■41. In § 3282.601, add paragraph (c) to

read as follows:

§ 3282.601 Purpose and applicability.

* * * * *

(c) Exception. An add-on or attached

accessory building or structure which

does not affect the performance and

ability of the manufactured home to

comply with the standards in

accordance with § 3282.8(j) is not

governed by this section.

■42. In § 3282.602, revise paragraph

(a)(2) to read as follows:

§ 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

■43. The authority citation for part

3285 continues to read as follows:

Authority: 42 U.S.C. 3535(d), 5403, 5404,

and 5424.

■44. In § 3285.5, add alphabetically the

definition for ‘‘Attached accessory

building or structure’’ to read as follows:

§ 3285.5 Definitions.

* * * * *

Attached accessory building or

structure means any awning, cabana,

deck, ramada, storage cabinet, carport,

windbreak, garage, or porch for which

the attachment of such is designed by

the home manufacturer to be

structurally supported by the

manufactured home.

* * * * *

■45. In § 3285.903, revise paragraph (c)

to read as follows:

§ 3285.903 Permits, alterations, and on-

site structures.

* * * * *

(c) Installation of an add-on or

attached accessory building or structure.

Each attached accessory building or

structure or add-on is designed to

support all of its own live and dead

loads, unless the attached accessory

building or structure is otherwise

included in the installation instructions

or designed by a registered professional

engineer or registered architect in

accordance with this part.

Dana T. Wade,

Assistant Secretary for Housing Federal

Housing Commissioner.

[FR Doc. 2020–28227 Filed 1–11–21; 8:45 am]

BILLING CODE 4210–67–P

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Citation	86 FR 2496
Record Number	2020-28227
Published date	12 January 2021
Section	Rules and Regulations
Court	Housing And Urban Development Department

Manufactured Home Construction and Safety Standards

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