[Federal Register: November 30, 2005 (Volume 70, Number 229)]
[Rules and Regulations]
[Page 72023-72052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no05-15]
[[Page 72023]]
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Part IV
Department of Housing and Urban Development
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24 CFR Part 3280
Manufactured Home Construction and Safety Standards; Final Rule
[[Page 72024]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 3280
[Docket No. FR-4886-F-02]
RIN 2502-AI12
Manufactured Home Construction and Safety Standards
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Final rule.
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SUMMARY: This rule amends the Federal Manufactured Home Construction
and Safety Standards (the Construction and Safety Standards) by
adopting certain recommendations made to HUD by the Manufactured
Housing Consensus Committee (MHCC). As required by the National
Manufactured Housing Construction and Safety Standards Act of 1974 (the
Act), HUD published, in the Federal Register on December 1, 2004, the
first group of recommendations submitted by MHCC to improve various
aspects of the Construction and Safety Standards. HUD, in publishing
MHCC's recommendations in the proposed rule, indicated its agreement
with all but a few of MHCC's proposals, and most of the recommendations
are included in the final rule. HUD has also identified in this final
rule those MHCC proposals that were not accepted by HUD, returned to
MHCC for further consideration, or modified by HUD in light of public
comments received.
DATES: Effective Date: May 30, 2006. The incorporation by reference of
certain publications in this rule is approved by the Director of the
Federal Register as of May 30, 2006.
FOR FURTHER INFORMATION CONTACT: William W. Matchneer III, Associate
Deputy Assistant Secretary, Office of Regulatory Affairs and
Manufactured Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 9162, Washington DC 20410; telephone (202)
708-6401 (this is not a toll-free number). Persons with hearing or
speech impairments may access this number via TTY by calling the toll-
free Federal Information Relay Service at (800) 877-8389.
SUPPLEMENTARY INFORMATION:
I. Background
On December 1, 2004, at 69 FR 70016, HUD published a proposed rule
to amend various sections of the Federal Manufactured Home Construction
and Safety Standards (24 CFR part 3280) by adopting a majority of the
recommendations made to HUD by MHCC. The National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. 5401-5426 (the
Act), requires HUD to publish any proposed revised Construction and
Safety Standards submitted by MHCC in the Federal Register. The
proposed rule contained the recommended revisions (including the
recommendations made by MHCC that HUD modified, accepted, or did not
accept) and provided an opportunity for public comment.
HUD will continue to work with MHCC on its recommendation to remove
the current requirement to post a Health Notice on formaldehyde
emissions in each manufactured home. In addition, HUD is making the
following significant changes to the proposed rule, based on the public
comments, in this final rule:
(1) The proposed revisions to improve the truss testing
requirements in Sec. 3280.402 have been removed and are being returned
to MHCC for further consideration on the recommendation of the
commenters and at the request of MHCC.
(2) Limited exceptions to the 5.0 perm requirements for interior
wall surfaces of up to 50 square feet are permitted by the final rule
for homes designed to be sited in hot-humid climates.
(3) Updates to a number of the standards incorporated by reference
that are more current than were suggested in the proposed rule are
included in the final rule.
II. Analysis of Public Comments
The Commenters
HUD received 26 public comments on the proposed rule. Comments were
received from MHCC; manufactured home builders; a state's Department of
Community and Economic Development; an independent inspection agency
with experience in manufactured home design; a propane gas trade
association; an energy efficiency alliance; a state and a national
manufactured housing association; and associations representing
particleboard, hardboard, and fiberboard manufacturers.
Summary of Public Comments
The summary of public comments that follows presents the major
issues and questions raised by the public commenters on the December 1,
2004, proposed rule. The headings present the issue or question
addressed, followed by a brief description of the commenters'
reasoning. A response may be applicable to one or more issues or
questions. The summary of the public comments is organized as follows:
General comments.
Whole-house ventilation comments.
Fireblocking comments.
Body and frame requirement comments.
Formaldehyde health notice comments.
Roof truss testing requirement comments.
Thermal protection comments.
Plumbing system comments.
Heating, cooling, and fuel burning requirement comments.
Electrical systems comments.
Comments regarding revisions to standards incorporated by
reference.
Other public comments.
Comments of the Manufactured Housing Consensus Committee.
General Comments
Several commenters explained that they were encouraged that HUD and
MHCC were working together to update the Construction and Safety
Standards. Most commenters were very specific in commenting on
particular amendments in the proposed rule.
Commenters most often discussed the Department's decision not to
delete the requirement for posting of a Health Notice on formaldehyde
emissions in each manufactured home, the proposed amendments to the
testing requirements for roof trusses, and the provisions for
condensation control in hot-humid climates.
Additional comments referred to whole-house ventilation systems,
fireblocking requirements, vapor retarder installation requirements,
flow faucet and showerhead restrictions, water heater drain pan
requirements, revisions to the standards incorporated by reference, and
metric equivalent requirements. Commenters also submitted comments on
whether the approval of alternative test methods should be solely the
responsibility of Design Approval Primary Inspection Agencies (DAPIAs),
or whether DAPIAs should provisionally approve alternative test methods
subject to HUD's approval.
Whole-House Ventilation Comments
The December 1, 2004, proposed rule would have amended Sec.
3280.103(b) by simplifying the requirements for sizing whole-house
ventilation systems of manufactured homes.
Comment: The current requirement for balanced mechanical
ventilation systems should not be deleted. Two commenters wrote that
permitting any pressure imbalance provides the opportunity for unwanted
humid air infiltration and would be detrimental to homes sited in
Thermal Zone I.
[[Page 72025]]
HUD Response: The final rule does not eliminate the requirement for
balanced mechanical systems. Retention of the requirement in the final
rule better ensures that unwanted air infiltration is not introduced
into the home. A HUD study entitled, ``Alternatives for Minimizing
Moisture Problems in Hot, Humid Climates (2003)'' found that the most
significant factors contributing to moisture problems were pressure
imbalances in a house, including imbalances caused by uneven
distribution of conditioned air; duct air leakage; and leakage through
building walls.
Comment: There is no requirement for additional fresh air to be
introduced into the home for the whole-house ventilation system.
HUD Response: There is sufficient leakage around the envelope of
even a ``tight'' home to alleviate any pressure difference between the
exterior and the interior of the home, and there is no need for an
additional air inlet to be provided to moderate any imbalance in
pressure resulting from operating a small exhaust fan device.
Information provided to the Department by the Manufactured Home
Research Alliance that was collected for the Energy Star Program also
indicates there is sufficient leakage, even in tight homes, to handle
any imbalance in pressure caused by the whole-house ventilation system.
Comment: Locating the whole-house ventilation system in the
bathroom is not a good idea. Two commenters wrote that consumers,
attempting to lower their electric bills, will not operate bathroom
fans as often as necessary and the effectiveness of the fans will thus
be limited. One commenter wrote that the proposed change requires
consumer education on the topic of the whole-house ventilation system.
HUD Response: The alternative permitting the whole-house
ventilation system to be installed in the bathroom is not included in
the final rule. The Department agrees with the commenters that
consumers may not utilize the bathroom fans often enough and has
deleted this alternative for whole-house ventilation from the final
rule.
Comment: Whole-house ventilation is a good idea. One commenter
wrote that the proposed rule would improve indoor air-quality, reduce
energy consumption associated with mechanical ventilation systems, and
provide crucial consumer education. Proper consumer use of quiet,
reliable whole-house exhaust fans will reduce mold problems associated
with internally generated moisture, and indoor air pollutant
concentrations. The proposed whole-house ventilation strategy has been
successfully employed in over 100,000 HUD-code homes built in the
Pacific Northwest.
HUD Response: The Department agrees that the concept of effective
whole-house ventilation is an effective strategy to improve indoor air
quality overall and that the revisions to the current requirements will
further assist consumers in dealing with unwanted moisture and indoor
air pollutants in their homes.
Fireblocking Comments
The December 1, 2004, proposed rule would have amended Sec.
3280.206 by clarifying existing language, locations, and acceptable
materials that may be used where fireblocking is required. However, HUD
had proposed modification of a portion of MHCC's proposal that would
have permitted mineral wool or loose fill insulation to be considered
acceptable fireblocking material.
Comment: HUD should adopt MHCC's recommendations allowing the
alternative fireblocking materials. One commenter wrote that HUD stated
the removal of the recommended language allowing mineral wool and loose
fill as acceptable fireblocking material was because these types of
insulation have not been adequately evaluated for transportation
effects that could cause settling or shifting when installed around
pipes or vents in furnace and water heater compartments. The commenter
wrote that the original MHCC recommendation addressed these concerns
with alternative wording. The commenter recommended allowing the use of
the fireblocking alternatives when the manufacturer can demonstrate the
materials will remain in place. Another commenter wrote that HUD
modified MHCC's recommendation by totally rejecting the inclusion of
loose fill insulation as fireblocking material not only in roofs, but
in walls and floors as well. The same commenter felt that MHCC's
recommendations would address HUD's concerns about the material staying
in place during transportation, etc., as long as the materials would
have to pass tests that address HUD's concerns before they could be
used. A third commenter wrote that HUD should reconsider its rejection
of the use of mineral wool or loose fill insulation as an acceptable
fireblocking material, because technical data shows that such material,
when properly installed to a specified R value, is effective when used
as fireblocking.
Two commenters wrote that they supported fireblocking because it
brings the Construction and Safety Standards into closer consistency
with other building codes.
HUD Response: The final rule includes all of the provisions for
permitting fireblocking that were identified in the proposed rule and
does not include requirements for loose fill insulation to be used as
an alternative fireblocking material. However, in view of the comments
received, the Department would reconsider its position to permit loose
fill insulation to be used as fireblocking, if an acceptable testing
procedure could be developed by MHCC or a voluntary consensus
organization.
Body and Frame Requirement Comments
A. Body and Frame Requirements--Alternative Test Procedures
The December 1, 2004, proposal would have amended Sec. 3280.303(g)
by eliminating the requirement that a manufacturer submit alternative
testing procedures to HUD, except for testing methods involving one-
piece metal roofing as would be required in Sec. 3280.305(c)(1)(iii).
HUD sought comments specifically on whether the final approval of
alternative test methods should be solely the responsibility of DAPIAs
or whether DAPIAs should only be allowed to provisionally approve the
test method subject to HUD's approval.
Comment: DAPIAs should be allowed to approve alternate test
methods. One commenter wrote that MHCC unanimously approved delegating
approval to DAPIAs in its recommendation to HUD and still stands by
that position. The commenter explained that HUD currently relies on
DAPIAs to review and accept or reject all drawings, calculations, etc.,
supplied by the manufacturer for the home design. Another commenter
stated that current regulations at Sec. Sec. 3282.203(b)(11) and
3282.361(b)(2) require the homebuilder to submit reports for all tests
and submit all design drawings and that Sec. 3282.203(c) provides the
necessary regulations to carry out the quality assurance manual
approvals, such as review and approval of the designs, testing, etc.,
used by manufacturers to build according to the Construction and Safety
Standards. Commenters noted that they believe this authorization to be
in line with current DAPIA authority and that HUD has sufficient
remedies under the regulations to deal with a DAPIA's poor performance
in any area of responsibility. Two commenters also wrote that it
sometimes takes an extremely long period of time for HUD
[[Page 72026]]
to finally approve a suggested new method, thereby holding up the
implementation of the material, component, or system being proposed by
a manufacturer, and that DAPIAs are the most likely group to make
informed decisions since they are familiar with the particular
manufacturer and its design process. Another commenter wrote that
``[i]n a word, the system was working fine before HUD added this pre-
approval criteria to 303(g) about 10 years ago and it will work fine
once this item is eliminated.'' Another commenter explained that HUD
should consider the changes in the law contained in the amendments made
to the Act. Specifically, section 604(b)(3) of the Act calls for MHCC
review of ``interpretative bulletins.'' Requiring HUD staff to pre-
approve these test procedures could be considered equivalent to the
issuance of interpretative bulletins. Another commenter wrote that HUD
has interpreted Sec. 3280.303(g) to mean that only manufacturers, not
suppliers, can request such testing work be done. That has necessitated
suppliers having to ``recruit'' cooperative manufacturers to
``sponsor'' the test requests for the benefit of the industry. This has
caused unnecessary delay that could be eliminated by DAPIAs simply
working with the technical staff of a supplier to develop a
``universally acceptable'' test protocol.
One commenter wrote that HUD should review all alternative testing
procedures prior to their implementation.
HUD Response: The Department generally agrees with the commenters
regarding the use of DAPIAs to approve other alternative test methods
and procedures developed by manufacturers. As HUD has no regulatory
authority over suppliers, the final rule continues to require
manufacturers to develop the alternative testing procedures.
Accordingly, the final rule allows DAPIAs to approve alternative
testing procedures developed by manufacturers and for the procedures to
thereby become part of the manufacturer's approved designs, except for
testing procedures for one-piece metal roofing system designs. (See the
discussion below under ``B. Body and Frame Requirements--Structural
Design Requirements'' regarding testing procedures for one-piece metal
roofing systems.)
B. Body and Frame Requirements--Structural Design Requirements
1. The December 1, 2004, proposed rule would have amended Sec.
3280.305(c)(1)(ii) by adding a footnote to permit the use of certain
one-piece metal roofing without structural sheathing in the high Wind
Zones II and III. HUD proposed to modify MHCC's recommendation for one-
piece metal roofing installed in high wind areas to be consistent with
Interpretative Bulletin (IB) I-2-98 by requiring prior Departmental
approval of any testing procedures used to demonstrate the
acceptability of such systems.
Comment: HUD should not have modified MHCC's recommendation for
adding footnote 9 to the Table in Sec. 3280.305(c)(1)(ii) for one-
piece metal roofing and should not have required the testing procedures
for these systems to be subject to HUD approval. Two commenters wrote
that HUD has modified MHCC's proposal and in so doing would destroy the
original intent of MHCC's recommendation. The commenters explained that
HUD states it is modifying MHCC's proposal to make it more consistent
with IB I-2-98, but the intent of MHCC's proposal was to eliminate the
IB by rendering it null and void, not to conform to it. The commenters
wrote that HUD had received 12 comments on the IB, all of which were
negative; however, HUD ignored all comments and issued the IB as
proposed. The commenters wrote that the addition of the language in the
footnote is confusing, because all test methods are already required to
comply with Sec. 3280.303(c) and (g) and Sec. 3280.401; thus, the
addition of this language serves no purpose. HUD is trying to re-impose
the same pre-approval of test methods that would be eliminated by Sec.
3280.303(g) in the proposed rule. There is no valid reason for such
pre-approval by HUD. The Department's proposal lacks justification as
to why it believes pre-approval by its staff for this product/design is
necessary when it is agreeing to eliminate pre-approval for all other
current/future products and designs by changing Sec. 3280.303(g). The
one-piece metal roof catenary design is much stronger than the
prescriptive roof sheathing option currently permitted by footnote 7 to
the Table for Resisting Uplift Loads.
HUD Response: The final rule continues to require HUD approval of
testing procedures for one-piece metal roofing due to the large number
of failures of these systems that occurred in the 2004 hurricanes in
Florida. However, the requirements will be contained in Sec.
3280.305(c)(1)(iii) of the Construction and Safety Standards rather
than in a footnote to the Table of Design Wind Pressures as indicated
in the preamble of the proposed rule. Presently, there is no recognized
or available testing procedure that will comprehensively and adequately
evaluate the dynamic and fluctuating loading effects of the wind on the
metal roof membrane and its fasteners to resist and their resistance to
the applied stresses and forces on these elements in high wind areas.
In addition, in the Department's report on damage assessment to
manufactured homes caused by Hurricane Charley, it was noted that the
roof and walls performed significantly better for the post-1994 homes,
in which metal roofing systems were not used, as compared to homes
constructed prior to the effective date of the standards for high wind
protection. The State of Florida also concluded from its field
investigations following last year's devastating hurricanes, that one-
piece membrane roofs did not perform well, that inadequate fastening of
metal roofs allowed a large percentage of them to be blown off
manufactured homes that were built prior to the implementation of the
wind standards in 1994. This, the State said, may have led to the total
loss of these homes. HUD engineers inspecting the damage caused by the
hurricanes in Florida also observed numerous failures of metal roofing
systems used in pre-1994 constructed homes. In view of the above
concerns, the final rule requires HUD approval of test methods for one-
piece metal roofing systems. However, the Department would be willing
to reconsider this decision, if a voluntary consensus test standard
were to be developed that would adequately assess the wind effects on
one-piece metal roofing membranes and their fastenings.
2. The December 1, 2004, proposed rule would have amended Sec.
3280.305(c)(3) by incorporating a new paragraph (iv) to add a roof load
requirement for skylights of the zone for which it is designed.
Comment: The skylight load requirements described in Sec.
3280.305(c)(3) are a good idea. Two commenters wrote that the skylight
load requirements establish necessary performance requirements for
skylights.
HUD Response: The Department agrees and is including the proposed
roof load performance requirements for skylights in this final rule.
3. The December 1, 2004, proposed rule would have amended Sec.
3280.305(e) by clarifying the required performance of fasteners and the
connecting mechanisms for joining the major structural elements of
manufactured homes, and would specify a continuous load path for
imposed forces to the home's foundation/anchorage system.
Comment: The load path for foundation and anchorage systems
described in Sec. 3280.305(e)(1) is a good
[[Page 72027]]
idea. One commenter wrote that the proposal for foundation and
anchorage systems provides consistency within the industry.
HUD Response: The Department agrees and is including the proposed
revision to the current requirements for fastening of structural
systems in the final rule.
4. The December 1, 2004, proposed rule would have amended Sec.
3280.305(e)(2) by reducing the minimum thickness requirements for steel
strapping or brackets required in Wind Zones II and III from 26 gauge
(0.0179'') to 0.016''.
Comment: The proposed reduction in steel strapping requirements
described in Sec. 3280.305(e)(2) should be accepted and additional
testing is not needed. One commenter wrote that additional requirements
for testing in high wind regions are not required and should not be
imposed. The commenter wrote that past instances of staples
inadvertently driving through metal strapping of lesser thickness may
reoccur should this proposal go into effect. One commenter asked if the
DAPIA accepts these design changes to reduce the minimum thickness of
steel strapping for Wind Zones II or III, then why would additional
testing to verify changes of this nature be required? As long as the
DAPIA is satisfied, there should be no reason to require further
testing. Two other commenters recommended that the final rule does not
need to require ``suitable load testing.'' HUD has always allowed
calculations and analyses to be used instead of testing. Testing, while
more specific than calculations, is generally less conservative. It is
generally understood that HUD will not allow testing of simple
assemblies that can be easily calculated. Some of the connections used
in high wind regions would fall into this situation and need to be
calculated anyway. This change is also consistent with the preference
to use ``performance requirements'' set forth in Sec. 3280.1. Another
commenter wrote that a manufacturer should be allowed to choose to
utilize larger brackets, more fasteners, and stronger strapping to
allow for greater spacing of the anchors and should not be penalized
through prescriptive requirements. Another commenter wrote that it is
not clear why critical connections cannot be justified by calculations
or tests acceptable to the DAPIA and that it may be confusing as to
which connections are ``critical,'' since it would seem that most
connections are critical for all wind zones. The Manufactured Home
Construction and Safety Standards already require a Professional
Engineer or Architect to seal all Wind Zone II/III calculations, tests,
and details.
HUD Response: The final rule permits the use of thinner .016 inch
steel strapping or engineered connectors provided they are installed at
24 inches on center in Wind Zone II and 16 inches on center in Wind
Zone III. The final rule also permits a combination of strapping or
engineered connectors and structural rated sheathing or structural
rated wall sheathing alone when it overlaps the roof and/or floor and
is substantiated by either engineering calculations or suitable load to
tests.
5. The December 1, 2004, proposed rule would have amended Sec.
3280.305(g)(3) by requiring wood panel products used as floor or
subfloor materials on the exterior of the home to be rated for exterior
exposure and be protected from moisture by sealing or applying
nonabsorbent overlay with water resistant adhesive.
Comment: The floor rating and moisture requirements described in
Sec. 3280.305(g)(3) are not a good idea. One commenter wrote that the
proposed body and frame requirements will not provide the protection
desired. The exterior rated floor materials provide protection only
during the construction process. Therefore, the sought-after extended
life of the material is not achieved.
HUD Response: The final rule requires wood panel products used as
flooring or sub-flooring on the exterior of the home to be rated for
exterior exposure and be protected from moisture by sealing or by
applying a nonabsorbent overlay with a water resistant adhesive. HUD
does not agree with the commenter regarding the extent or period of
protection from the requirement that panels be exterior rated, as these
panels will require the use of moisture-resistant adhesives in their
construction that will enhance their durability. These added provisions
will also provide protection against deterioration of exterior floor
decking materials that are exposed to moisture. In particular, when
materials such as particleboard become saturated with moisture,
significant structural damage can occur. In addition, the requirement
that panel products be rated for exterior exposure will assist in
identifying those materials that are suitable for use in exterior
applications.
6. The December 1, 2004, proposed rule would have amended Sec.
3280.306(b) by requiring that each column support pier location
required along the marriage line(s) of multi-section manufactured homes
be identified at each location by paint, label, or other acceptable
methods.
Comment: Identifying the marriage column support locations as
described in Sec. 3280.306(b) is not a good idea. One commenter stated
that the drawings and specifications provided with each home already
show the required locations for the centerline pier supports and are
available to the retailer, installer, and consumer prior to the
delivery of the home. The foundations or support systems for today's
multiple section manufactured homes are largely prepared before the
arrival of the home on the home site. Thus, the markings and their
associated costs will be fundamentally wasted. The proposal would
further require that the marking be visible after the home is installed
even though properly placed foundation supports will mask the markers
from view. This change would place too much reliance on the correct
placement of the proposed markers.
Two commenters wrote that identifying the marriage column support
locations described in Sec. 3280.306(b) is a good idea and that the
recommendation will improve home installation compliance and
subsequently improve the longevity of manufactured homes at a minimal
cost to the homeowner. Marriage wall column support location errors are
one of the major problems found during installation inspection. One of
the commenters also wrote that the requirements would improve home
installation compliance and subsequently improve the longevity of
manufactured homes at a minimal cost to homeowners. In addition,
members of the DAPIA Technical Advisory Group, at its March 2005
meeting, recommended that other pier locations, such as perimeter and
shear wall support locations required by the manufacturer's designs and
instructions, also be identified.
HUD Response: The final rule requires identification of each column
pier support location along the marriage line, as well as for each pier
location required along the perimeter of the home, each required shear
wall support location, and other special pier support locations
specified in the manufacturer's instructions.
Formaldehyde Health Notice Comments
HUD did not accept and include in the December 1, 2004, proposed
rule, MHCC's recommendation that would have removed the Health Notice
on formaldehyde emissions (the Health Notice) currently required by
Sec. 3280.309 of the Construction and Safety Standards.
Comment: The decision to continue to post the Health Notice in each
manufactured home as described in
[[Page 72028]]
Sec. 3280.309 is contradictory to MHCC's recommendation. One commenter
wrote that HUD rejected the proposed MHCC recommendation not to
prominently display the Health Notice in each manufactured home. The
commenter stated that, contrary to HUD's assertion that MHCC did not
provide any data supporting its recommendation to remove the
requirement, MHCC discussed this issue with HUD at MHCC meetings in
2004, and reviewed several documents related to formaldehyde. The
commenter stressed that it is not recommending any changes to the
current standards regarding the formaldehyde emission controls; the
commenter is only recommending changes to the Health Notice. The
commenter continued by stating that all of this information was
considered by MHCC in coming to its decision to require that the Health
Notice on formaldehyde be placed in the homeowner's packet rather than
having it prominently displayed in the home.
A commenter wrote that the decision to continue to post the Health
Notice in each manufactured home as described in Sec. 3280.309
stigmatizes the manufactured home industry. The commenter is
disappointed that HUD did not issue for public comment the proposal to
eliminate the requirement for the Health Notice to be placed in
manufactured homes. Manufactured homes are the only homes in America
that must display these notices and they stigmatize manufactured homes.
Another commenter wrote that the formaldehyde notice serves only as a
sales deterrent, while contributing to existing misunderstanding by the
public regarding health-related issues associated with formaldehyde.
The commenter urged HUD to reevaluate its decision on the Health Notice
and put it forth for another round of public comment. One commenter
wrote that this notice shouldn't be displayed so prominently and asked,
``Why should it be the first thing a prospective buyer sees when they
enter a new manufactured home?'' Another commenter wrote that for the
past 20 years formaldehyde levels in manufactured housing have declined
so that they are no higher than in any other residential structure. The
manufactured home product and materials used to construct it have
progressed to the point where the need for a displayed Health Notice
``only contributes to the public's notion that manufactured homes are
somehow ``inferior'' to other types of housing.'' Other commenters
suggested that if such a warning is still deemed necessary, then the
warning should be included in the Homeowner's Manual with an
explanation that all homes contain some amounts of formaldehyde.
Some commenters wrote that the decision to continue to post the
Health Notice in manufactured homes as described in Sec. 3280.309
ignores current and available scientific evidence that formaldehyde
emissions have been greatly reduced. HUD should reconsider its
rejection of MHCC's proposal in light of current research that is
available to support MHCC's recommendation. Specifically, three
commenters wrote that the Manufactured Housing Research Alliance (MHRA)
has produced the most recent and up-to-date study on the health risks
of formaldehyde in manufactured homes. ``Formaldehyde Concentrations in
Manufactured Homes: The Current Situation'' (July 2004) investigates
this issue from several different aspects and shows that formaldehyde
should no longer pose any greater concern than in conventional housing.
One commenter continued by stating that ``[e]ven though it is only one
paper, it is a summation of many other studies that are more current
than the ones used by HUD almost 20 years ago when the notice became
part of the Standards.'' The commenter wrote that the language of the
Health Notice refers to the Ventilation Option, which was deleted in
1994. This Ventilation Option, formerly Sec. 3280.710(g), was replaced
by the Additional Ventilation requirement in Sec. 3280.103(b). Another
commenter wrote that consumer formaldehyde complaints have been
essentially eliminated. Another commenter wrote that it is ``common
knowledge'' that formaldehyde emissions in manufactured homes have been
dramatically reduced since the requirement for the Health Notice was
first imposed. Additionally, the commenter claimed that HUD implied
that only manufactured homes are permitted to use construction
materials containing urea-formaldehyde (UF) resins, and that this
assertion is untrue as the commenter is not aware of such a restriction
for modular or site-built homes. One commenter stated that the removal
of the Health Notice would likely be supported by the findings in
National Institute of Standards and Technology's (NIST) IAQ
manufactured housing research with HUD's Healthy Homes Program and
asked whether HUD consulted with NIST before rejecting MHCC's proposal.
Two commenters submitted six points to illustrate that data does
exist showing that formaldehyde levels in today's manufactured homes
have changed in the 20 years since Department regulations were
implemented. Specifically, the six reasons listed are: (1) Gypsum
wallboard has replaced the UF bonded plywood as the interior wall
covering of choice; (2) maximum formaldehyde emissions from UF bonded
plywood and particleboard wood product materials has been drastically
reduced; (3) the HUD Code is the only model building code that
regulates formaldehyde emissions levels, which makes it not likely that
either manufactured home builders or homebuyers would develop a rare
nasal cancer; (4) the HUD Code ventilation requirements increase the
volume of indoor air exhausted from the home, which can dilute any
indoor air pollutants; (5) one of the original reasons for singling out
HUD Code homes as having formaldehyde problems was the small home size;
now, however, as floor size increases, the volume of air in the living
space increases, and the dilution of air borne contaminants can be
reduced; and (6) the measured concentration of formaldehyde levels has
been on a downward trend since 1985.
HUD Response: HUD had not accepted for inclusion in the proposed
rule MHCC's proposal to remove the requirement to temporarily post a
Health Notice on formaldehyde emissions in each manufactured home (24
CFR 3280.309), because HUD has not found it supported by a sufficient
factual and scientific record. As indicated in the proposed rule, a
determination to discontinue the Health Notice would require a similar
level of factual and scientific support that was provided to HUD when
the rule was being promulgated. As also indicated in the proposed rule,
HUD recognizes that improvements have been made in particleboard and
plywood panel processing resulting in lower emission levels than from
panels bonded with UF resin systems that were available at the time of
the implementation of the Department's formaldehyde emission control
requirements. HUD also recognizes that the measured formaldehyde
concentration levels in manufactured homes produced since 1985 is
significantly lower than in homes built prior to the implementation of
the Construction and Safety Standards. HUD is also aware, however, that
the sample of homes studied, as indicated in the MHRA report referenced
in the comments [``Formaldehyde Concentrations in Manufactured Homes,
The Current Situation''] is extremely small in comparison to the large
number of homes produced during the same period
[[Page 72029]]
and that the sample of homes studied were subject to a variety of
testing parameters and measurement methods. This leaves some question
as to the statistical validity and overall confidence in the test
results due to the relatively small sample size of homes evaluated.
Further, even the MHRA report states: ``The health consequences of
various formaldehyde levels continue to be a topic of debate among
researchers. Particularly, at very low concentration levels (below
0.1PPM) there is no consensus on safe levels of durations of
environmental formaldehyde exposure.'' However, as indicated in the
preamble of the final rule on formaldehyde in 1984, there is a sector
of the population that has greater sensitivity to and is at more risk
of formaldehyde's irritant effects and that will react adversely to
formaldehyde at extremely low levels of exposure. This includes the
elderly, young children, and individuals with a history of asthma,
allergies, or lung problems. The purpose of the Health Notice is to
advise prospective purchasers that the home contains materials that
emit formaldehyde and to describe acute symptoms that may occur under
formaldehyde exposure for those individuals who may be at greater risk.
However, as indicated in the preamble of the proposed rule, HUD
will continue to study the formaldehyde issue--including reviewing any
new scientific evidence--and intends to consult with the Consumer
Product Safety Commission, the Environmental Protection Agency, and the
Department's Office of Healthy Homes to study the health risks to
occupants at current formaldehyde exposure levels to determine if any
regulatory controls are still needed to limit formaldehyde emissions in
manufactured homes. As part of its review and evaluation, HUD will also
consider the requirements of other building codes as they may relate to
formaldehyde exposure and indoor air quality for single-family
residential construction. HUD intends to work with MHCC in developing
and supporting any further rulemaking proposals on formaldehyde.
Roof Truss Testing Requirement Comments
Based on the recommendations of MHCC, the December 1, 2004,
proposed rule would have amended Sec. 3280.402 by providing more
stringent initial qualification of truss designs and by expanding and
clarifying the requirements for follow-up testing to better ensure that
subsequent production of trusses will meet the requirements of the
Construction and Safety Standards.
Comment: The test procedures for roof trusses, as described in
Sec. 3280.402, should be severed from the remaining proposals,
rejected by HUD, and remanded to MHCC for further consideration. One
commenter wrote that the revised test protocol will lead to destructive
testing and could limit truss designs that would ultimately pass the
non-destructive test. Certain truss designs could be eliminated. The
best route to take is to send the proposal back to MHCC for further
study. If these revised test protocols are implemented by final
rulemaking, the industry might have to go to totally engineered truss
designs, which would be more expensive for the industry. Another
commenter stated that the recommended revisions were extracted from the
proceedings of the consensus committee and the National Fire Protection
Association (NFPA) NFPA 501 Standard on Manufactured Housing, which
were based on research conducted by the National Association of Home
Builders Research Center (NAHB-RC). The commenter further stated that
neither organization had a mandate to consider cost-impact in proposing
standards or formulating the recommendations from its studies. Similar
concerns were expressed about the NFPA 501 Standard on Manufactured
Housing from which these proposals were derived.
Another commenter wrote that concerns have been expressed by and to
MHCC members about the more stringent qualification testing of truss
designs that have been talked about and supported by the industry, code
development work groups, and task forces over the last ten years. The
commenter stated MHCC's consensus development process lacked adequate
consideration of the true costs associated with the adoption of this
proposal, the impact these changes may have on the testing procedures
and the industry, and the proposal's impact on roof truss home design
and future innovation. The commenter asked that HUD remove this
recommendation from the rule and return the proposal to MHCC for
further consideration and development.
One commenter wrote that the test procedures for roof trusses, as
described in Sec. 3280.402, are not consistent with statutory
directives. Although the proposed rule's wording closely follows the
text found in NFPA 501, Standard on Manufactured Housing, published by
NFPA, the NFPA standard is not in use for manufactured housing and the
NFPA is not under a mandate from Congress to protect the affordability
of manufactured housing. NFPA 501 and the proposed rule are
inconsistent with the model building codes currently in use for site
constructed home and factory built modular homes. NFPA 501 and this
proposal require excessive data collection and a more stringent
recovery deflection limit. Additionally, the commenter stated that the
cost of Sec. 3280.402 will adversely affect the affordability of
manufactured housing and will stand as an obstacle to the
accomplishment and execution of section 602(b)(2) of the Act, which
states that a purpose of the Act is to ``facilitate the availability of
affordable manufactured homes and to increase home ownership for all
Americans.''
One commenter wrote that the new roof truss test procedures as
described in Sec. 3280.402 will not be cost-effective. Eliminating the
option of 1.75x overload ends one cost effective way of building the
homes at the lower end of the manufactured housing market and will
place additional costs on sections of the market that can least afford
it. Two commenters wrote that the change to the testing procedure will
cost much more than the $77.28 cited by HUD. The commenters stated that
their truss suppliers place the price per truss for Wind Zone I at 15
to 25 percent, making the eventual cost to the consumer about $325 ``
far more than the $77 cited by HUD. Other commenters wrote that
deleting the 1.75 proof load test for roof trusses will increase truss
member sizes, thereby increasing the cost of trusses by up to 25
percent. This additional cost may add up to $600 per home. One
commenter wrote that increased top and bottom chord sizes could raise
overall depths of trusses, as well as the transportation height of the
home. In the Eastern United States, where overpasses are low, homes
will need to be rerouted, resulting in increased shipping costs of $800
and beyond. Finally, another commenter wrote that the recommended
revised truss test protocol needs further study and evaluation before
implementation. The commenter stated that many truss suppliers have
indicated that there may be a 25 percent increase in costs for truss
design and testing depending on the style of roof design being
considered. Every truss design would need to be re-qualified under the
test procedures, and cost estimates run from $200 to $500, far more
than the $77.28 per home as indicated.
Two commenters asked specifically why the new roof truss test
procedures as described in Sec. 3280.402 are needed. The commenters
wrote that they do not see any information indicating that
[[Page 72030]]
trusses are failing. They further inquired whether the study referred
to in the proposal was conducted during the 1980s? If so, today's
trusses are much improved from the trusses referred to in that study.
Also, deleting the 1.75 proof tests will limit existing designs and
prevent new innovative designs by increasing the top and bottom chord
sizes. This deletion will create criteria that are more stringent than
and inconsistent with those model building codes that require only a
minimum test period of ten seconds for test loads equal to 1.5 times
the design wind load. Two commenters wrote that these new criteria will
create a huge backlog in truss retesting and redesign, adding to the
costs that could be passed on to the consumer. Further, assuming the
time frame to perform this task is set at 180 days, that is not enough
time to complete the reviews, retests, and approvals. Two commenters
wrote that low-sloped cathedral designs, which are common in the
industry, will be eliminated. One commenter wrote that the proposed
truss testing change should be returned to MHCC for further evaluation.
The same commenter wrote that HUD should continue to allow the 1.75
proof load test, because the added costs of eliminating this acceptable
test do not appear to be offset by safety considerations.
One commenter wrote that the requirement that deflection of bottom
chord be measured, at a minimum, at the truss midspan and panel points
is overly burdensome and completely unnecessary. The commenter stated
that for many trusses, this requirement would result in a minimum of
nine or ten points of deflection measurement during testing, and it is
difficult to obtain these deflections with dead load hanging from the
bottom chord of the truss at 12 inches on center. Several commenters
wrote that measuring deflection at each panel point, mid-span of the
truss, and mid-span between each panel point is not necessary and that
the current checks at quarter points and mid-span should be more than
sufficient. A third commenter wrote that this change will significantly
increase the time to perform truss testing and will increase the cost
to perform required truss testing for each truss design.
One commenter wrote the dead load test procedures as described in
Sec. 3280.402(d)(1) are too expensive and not necessary. HUD should
revise the new proposed requirement to add dead load to both the top
and bottom chord of the truss so that this is only required if the
actual bottom chord dead load exceeds 5 psf; otherwise, allow the
entire dead load to be applied to the top chord as is currently
permitted. For small bottom chord dead loads (up to and including 5
psf), this added step is not necessary and needlessly adds to the cost
of testing.
Another commenter wrote that the live load test procedures as
described in Sec. 3280.402(d)(2) are dangerous. In 1994, HUD and NAHB
ran proficiency tests comparing tests that pulled on the top chord to
test in the inverted position. The tests determined that pulling on the
top chord was difficult, impractical, dangerous, and yielded
inconsistent results. It was determined that testing the truss in the
inverted position provides adequate results. Testing in accordance with
existing uplift requirements is simple and provided consistent results.
Testing uplift in accordance with the new HUD proposal will have a
significant cost impact on the truss approval process. The set-up
procedure will take three to four times longer, which will increase the
cost for testing a new design substantially. All modifications to truss
testing should be delayed until such studies can be prepared for
review.
One commenter wrote that the overload phase as proposed in Sec.
3280.402(d)(4) is too stringent. The test procedure for the overload
phase would be increased to dead load plus 2.5 times the live load.
Although this more stringent truss loading criteria has already been
adopted by some manufacturers, combining this with the more stringent
deflection acceptance criteria may cause some truss designs to fail
that would otherwise be acceptable under the existing provisions.
Several commenters wrote that the acceptance criteria for truss
designs, as proposed in Sec. 3280.402(d)(5), are too conservative,
inconsistent with building codes, and too expensive. The recovery
deflection of L/480 within five minutes after live load removal is too
conservative and many manufacturers have permitted up to four hours of
recovery time to qualify truss designs. Another commenter wrote that
the recovery requirement is inconsistent with the model building codes,
which require recovery of not less than 75 percent of the maximum
deflection within 24 hours after removal of the load. Another commenter
wrote that HUD should remove the requirements to measure no load to
dead load deflection and the limit for the same, because this is a
totally meaningless requirement. The deflection from no load to dead
load is normally compensated for by building camber into the truss.
This added step will add needless cost to the test procedure. The
commenter requested that HUD revise the proposal for up to four hours
for recovery deflection to reach L/480 or better. The commenter
explained that five minutes may not be adequate time to allow recovery
to occur and could eliminate otherwise acceptable designs thus adding
cost. Some of the proprietary criteria in use today by some home
manufacturers specifies four hours and ``is working fine without
problems.''
One commenter wrote that the uplift load test procedure for roof
trusses as proposed in Sec. 3280.402(e) makes it difficult to test and
require a change of testing facilities. The test procedure for overload
phase requirements increased to 2.5 times the new uplift load for one
minute, which is an increase from the 1.75 overload factor of the
current standard. Additionally, the test procedure has been revised to
provide uplift to the top chord of the truss design and not the
existing test set-up of inverting the truss and pushing down on the
bottom chord. Truss designs may not be able to be tested due to their
current configuration and may not provide flexibility in testing for
the tension device placement as a 12-inch spacing might provide. Also,
no testing facility that currently qualifies HUD Code home roof trusses
would be capable for testing trusses as described by the revised test
protocol without a lengthy process to change the test set-up. Another
commenter wrote that there have been no documented truss failures due
to existing design criteria since the uplift testing went into effect
in 1994. The HUD proposal for testing uplift requires 1'' wide straps
attached around the top chord at 6'' o.c. In some cases, truss designs
with closely spaced verticals and webs will be physically impossible to
test to the 6'' requirement. This requirement would limit truss design
and innovation. Pulling up on straps at 12'' o.c. provides the same
uplift load and similar results as pulling on the uplift straps 6''
o.c. Additionally, the proposed method requires cylinders spaced at
12'' o.c., to apply 6'' o.c. uplift strapping. This will require some
truss manufacturers to redesign their current truss testing equipment,
which commonly has cylinders at 24'' o.c. This retrofit will be costly
and time consuming. One commenter wrote that compliance with the
requirement cannot typically be achieved at panel point because of the
width of connector plates. One commenter supported the conversion of
the uplift test to a more reasonable appropriate uplift test. The
commenter wrote that the spacing of the uplift points, however, appears
to be too conservative. Instead of every 6'', it
[[Page 72031]]
seems that every 12'' would be sufficient and be easier to convert
existing testing equipment with hydraulic cylinders at 24''.
Finally, commenters urged HUD to allow a lengthy, reasonable time
period for phase-in of the new requirements for truss testing similar
to what has been done in the past. It is hoped that HUD will allow 12
months for all testing to be completed.
HUD Response: In view of comments received from the public, the
Department is returning this proposal on truss testing procedures to
MHCC for further consideration and requests the following be considered
by MHCC during its deliberations:
1. Whether the non-destructive testing procedure for roof trusses
that permits a lower overall safety factor to be used in conducting the
tests based on a presumed low failure rate for roof trusses should be
eliminated.
MHCC could consider including the non-destructive procedure, if
adequate safeguards are provided to assure that initial qualification
tests would be conducted using minimum quality of materials and
workmanship or if a statistically valid sample of trusses is tested in
lieu of the minimum requirements. In addition, enhanced follow-up
testing provisions would be needed to account for the lower factor of
safety of 1.75 currently permitted by the non-destructive testing
procedure.
2. The need for the upright tension tests to evaluate the uplift
resistance of the trusses.
Tests conducted by the NAHB Research Center indicated that trusses
tested in the inverted position consistently failed at average loads
greater than trusses tested in the upright position and had lower mid-
span deflections than trusses tested in the upright position. In
addition, the failure modes were different for some truss designs when
tested in the upright position as compared to the inverted position.
3. Should the factor of safety for uplift testing be reduced from
2.5 to the current requirement of 1.75 times the design wind pressures
in consideration of comments received regarding safety during testing.
4. The costs associated with any recommended revisions to the truss
testing requirements.
HUD's decision to not make final the proposed rule section, as
recommended by MHCC, is consistent with the record of comments received
from the public, including MHCC itself (the Committee having
reconsidered its prior position). However, HUD views truss testing
procedures as too important a safety matter to leave unaddressed. The
standards in place (i.e., reflected in the current regulations) have
not been modified in many years. The issue, having been raised, needs
to be examined to determine whether, in fact, existing standards are
adequate to protect homeowners in all geographic areas of the country.
Accordingly, HUD anticipates MHCC will expeditiously re-evaluate and
resubmit proposed truss testing procedures. HUD will work closely with
MHCC in evaluating any new proposals for truss testing procedures and
may amend HUD's requirements, as necessary, in a future rulemaking.
Thermal Protection Comments
The December 1, 2004, proposed rule would have amended Sec.
3280.504(b) to codify certain provisions of a waiver that permits
manufactured homes intended to be sited in humid climates to have the
vapor retarder installed outside of the home's thermal insulation.
Comment: The proposed condensation control and installation of
vapor retarders described in Sec. 3280.504(b)(4) is not practical and
should provide exceptions. Several commenters stated that HUD should
provide more exemptions, including: (1) Kitchen back-splash materials
of less than 50 square feet in the area installed around countertops,
sinks, and ranges; (2) bathroom tub areas and shower compartments; (3)
cabinetry and built-in furniture, in any location; and (4) hardwood
wall paneling used under chair rails in dining room areas, less than 50
square feet in area. One commenter explained that these construction
features are commonly installed against exterior walls of manufactured
homes and do not represent a large exposed wall where condensation due
to the hot-humid climates would appear to be excessive. Also, a
September 2000 MHRA study revealed that hardwood paneling is not
detrimental to the established proposal waiver requirements of a
minimum 5.0 perm rating. Another commenter wrote that it is absolutely
necessary to provide some minor exception to the requirement that the
interior finish have a combined permeance of not less than 5.0 perms.
MHCC has already discussed with HUD the need to include these
exceptions, which are part of further changes to the Construction and
Safety Standards that have been approved by MHCC. These changes are in
concept but have not yet been put into proposed rule form. The vapor
retarder location specified in Sec. 3280.504(b)(4) is an alternative
to that called for in Sec. 3280.504(b)(1) and therefore could not be
used with a vented wall cavity specified in Sec. 3280.504(b)(3). From
a practical-usability standpoint, in order for the alternative vapor
retarder location to be of any use at all, some minor exceptions are
absolutely necessary to the requirement that the interior finish have a
combined permeance of not less than 5.0 perms. These exceptions were
recommended by MHCC and are also embodied in the NFPA-501 2003 edition
at section 8.4.2.1.6. Another commenter wrote that the requirement to
have the interior finish have a combined permeance of not less than 5.0
perms makes good sense, but a set of exceptions is necessary, because
it is impractical to build a home with all interior surfaces at 5.0
perms or more. Without these exceptions, no manufacturer will be able
to place the vapor barrier on the outside in the appropriate zones. HUD
had similar wording in its April 2002 waiver, but without these
necessary exceptions. As a result, virtually no manufacturer has been
able to use the waiver. The only reason to restrict the permanence of
the interior surfaces is to make sure any moisture that gets past the
exterior barrier is able to exit the wall to the interior. These few
suggested exceptions will not trap moisture in the wall. In fact, some
materials are usually not tight-fitted against the framing; therefore,
moisture should easily escape the cavity. The commenter also wrote that
other building codes have no interior wall restrictions at all
associated with vapor barriers. For instance, 2003 IBC--article 1403.3,
2003 IRC--article R318.1, and 2003 IECC--article 502.1 make no mention
of interior perm ratings. HUD should allow these exceptions so the
industry can catch up to present building science. Without these
exceptions, the vapor barrier will remain on the inside in the hot,
humid climate and moisture will be trapped in the home.
HUD Response: HUD agrees with many of the comments; therefore, the
final rule in Sec. 3280.504 now includes exceptions to the 5.0 perm
requirement for interior finish materials of up to 50 square feet in
area.
Comment: The focus of Sec. 3280.504(b)(4) should be reducing air
movement rather than vapor retarders. One commenter wrote that Sec.
3280.504(b)(4) does not address any effective construction measure to
reduce the larger problem of air movement into the wall cavity. In
fact, the performance measure that would impact the reduction of air
movement would be the use of a continuous air barrier. Homes with low
permeable sheathings have
[[Page 72032]]
been observed in the Gulf Coast, and they have experienced moisture
problems because the wood sheathing is installed with a required gap to
allow for expansion and contraction. These expansion and contraction
seams should be the focus, not just vapor pressure. The much larger
problem involves large pressure swings in homes where mechanical
equipment is operated.
HUD Response: HUD and MHCC may consider developing, in a future
rulemaking, requirements for the use of continuous air barriers for
exterior walls and requirements for expansion and contraction gaps in
wall sheathing to reduce the amount of air movement in exterior wall
cavities.
Comment: Ventilated walls as described in Sec. 3280.504(b)(3) are
not a good idea because there is no ventilation rate or calculated
method shown that provides a minimum performance to reduce the amount
of moisture. Also, whole-house testing has shown that air movement
created by negative pressure draws moisture through construction seams.
The creation of even more pathways by ventilating the wall will allow
even more moisture to be drawn into the walls.
HUD Response: HUD, in coordination with MHCC, may consider, in a
future rulemaking, eliminating the current alternative for controlling
condensation in exterior wall cavities as is currently permitted in
Sec. 3280.504(b)(3) of the Construction and Safety Standards.
Comment: Reference to the American Architectural Manufacturers
Association (AAMA) 1500 standard in Sec. 3280.508(e) should be changed
to the National Fenestration Rating Council (NFRC) 100 Standard. One
commenter wrote that the final rule should eliminate reference to AAMA
1500 for the following reasons: Because the majority of manufacturers
have moved to NFRC; the NFRC is supported by United States Department
of Energy (USDOE) and Energy Star; HUD is the only federal agency still
relying on AAMA 1500 thermal performance; and NFRC-100 labels provide
consumers, plant, and IPIA data on the window, while the AAMA label
does not provide that data.
Another commenter wrote that the proposed rule to permit window
manufacturers the alternative to use NFRC 100 to rate window energy
performance is a step in the right direction.
HUD Response: The final rule permits the use of either reference
standard for rating window or glazing products for thermal
transmittance and resistance to condensation.
Plumbing Systems Comments
The December 1, 2004, proposed rule would have amended Sec.
3280.607(a) to require restricted flow faucets and showerheads and add
a paragraph (b) to require the use of low water consumption toilets.
Comment: The proposal is consumer-friendly. Two commenters wrote
that technology has improved low water consumption fixtures and
faucets, so it is a sound proposal.
HUD Response: The final rule requires the use of low consumption
water fixtures and toilets as indicated in the proposed rule.
Heating, Cooling, and Fuel Burning Requirement Comments
As recommended by MHCC, the December 1, 2004, proposed rule would
have amended Sec. 3280.709 by requiring the installation of a
corrosion-resistant water drip collection and drain pan under each
water heater.
Comment: The requirement was not developed with any justification
and should be dropped. One commenter requested that this section be
deleted. The commenter wrote that it believes that the proposal has not
been developed in compliance with the HUD Final Information Quality
Guidelines published in the November 18, 2002, Federal Register Notice.
Specifically, the HUD Guidelines provide in Section VI that
``information [HUD] disseminates to the public is objective, useful,
and has integrity.'' HUD has not presented any information to justify
this requirement, including any economic or technical justification for
the addition of a corrosion-resistant water drip collection and drain
pan to be installed under each water heater. In addition, such a
requirement will result in problems of installation, cost, drainage,
and, for fossil fuel type water heaters, can result in the blockage of
combustion air openings for water heaters that obtain combustion air
from the bottom of the unit, a very typical manufactured home
application.
Some commenters wrote that a drain pan would impede air flow into
the water heater. One commenter wrote that to install a drain pan under
the water heater would restrict the ability of the water heater to
receive the proper amount of combustion air. Moreover, doing so would
require modifications to the design and construction that could
significantly increase the costs without any economic justification.
Another commenter wrote that one-half of the gas-fired water heaters
sold for installation in manufactured homes are of the direct vent
design. This requires all air for combustion to enter the water heater
directly from the outside. An air tube is provided that penetrates the
floor under the water heater to supply the air from under the coach.
Requiring a drain pan for this design would present a challenging
sealing problem to make the drip pan effective. The commenter requested
that paragraph (h) be revised to exempt water heaters of the direct
vent ``through the floor'' design from the drain pan requirement. Also,
the installation of a popular direct gas fired water heater would
require an approximate four-inch hole to be made through the pan to
provide for its combustion of air inlet. It is unlikely that water
leakage in the water heater compartment could result in structural
deterioration and damage; water heaters are too large in diameter to
fit between floor joists as they are commonly installed. This proposal
should be removed from consideration.
One commenter wrote that the drain pan issue is already addressed
in a current requirement. The supplementary information provided for
the proposed rule states that the present rule does not require that a
drain pan be provided or that the water heater compartment be built in
a protective manner, such as a shower stall, but fails to mention the
requirement in Sec. 3280.305(g)(2) that addresses the issue by
requiring that wood, wood fiber, or plywood floors or subfloors in
water heater compartments be moisture-resistant by sealing or by an
overlay of nonabsorbent material applied with water resistant adhesive.
Two commenters wrote that the water drip collection pan requirement
is a good idea and will eliminate problems caused by leaking water
heaters at a minimal cost. The rule also brings manufactured homes up
to date with other building codes.
HUD Response: Section 3280.709(h) of the final rule requires a
corrosion-resistant water drip and collection pan to be installed under
each water heater. Almost all electric or fossil fuel water heaters
currently used in manufactured homes can be installed on a conventional
water heater pan. Only a very small percentage of gas water heaters
currently being used in manufactured homes cannot be set on a
conventional pan due to an opening in the bottom of the water heater
that is aligned with a hole in the bottom of the floor that draws
combustion air into the appliance. Further, a drip pan could be
designed to have a separate drain hole alongside the air inlet opening,
which would allow those types of water
[[Page 72033]]
heaters to continue to be used. While the Construction and Safety
Standards do require the floor decking directly under the water heater
area to be moisture-resistant, the drip pan will help prevent water
from collecting in the water heater compartment and circulating into
surrounding areas, and being absorbed into surrounding gypsum panels,
deteriorating and/or warping surrounding area floor decking, carpet,
and padding. In addition, floor insulation and bottom board materials
may also become saturated in surrounding areas due to the accumulation
of water in the compartment, making those materials ineffective and
possibly causing mold and mildew to form. The installation of the drip
pan will enhance the home's durability at a minimal cost to consumers.
Electrical Systems Comments
Comment: The 1996 National Electrical Code (NEC) that HUD proposes
to adopt is outdated. The manufactured home should meet the
requirements of more current electrical code requirements, and thereby
provide protection to home occupants that technology has made available
since 1996. One commenter stated that the update to the 1996 NEC is not
practical. The commenter stated that to adopt a code that is nine years
behind the code now being adopted by many localities is ``ridiculous.''
The NEC 1996 edition is no longer in print and to require manufacturers
to try and find this book so that they can determine what changes to
the code affect them and what is the required standard they must meet
is not logical. Another commenter wrote that hundreds or thousands of
the 1996 edition of the NEC will have to be obtained if the code update
goes into effect, and that if HUD Code homes are three or four
revisions behind the NEC, it reinforces the perception that
manufactured housing is ``inferior'' to other housing. Also, any
upgrade to a more recent version of the NEC will require many
electrical drawings to be revised. The commenter encouraged HUD to
adopt the same ``phase-in'' program HUD used when changing to the new
smoke alarm requirements. Another commenter wrote that the electrical
standard should be updated to the 2005 edition of the NEC. The
commenter noted that arc-fault circuit-interrupter protection that has
been adopted in more recent versions of the NEC may have been the
reason for proposing adoption of the 1996 version of the NEC. The
commenter also agreed with MHCC's reluctance to adopt the requirements
for arc-fault due to a lack of available product and technology in the
market at this time, and would suggest adopting the 2005 NEC with an
exception for the arc-fault protection requirements.
HUD Response: The Department agrees with the comments, and the
final rule has been revised to incorporate the 2005 edition of the NEC.
Also, as suggested by the commenters, the provisions for arc-fault
circuit protection are not included in the final rule except that if
such protection is installed, it must comply with all provisions of the
NEC.
Comments Regarding Revisions to Standards Incorporated by Reference
Comment: The NEC HUD proposes to adopt is outdated. HUD should
update all proposed changes to the standards incorporated by reference
to the most recent editions of those standards.
HUD Response: See discussion under the Electrical Systems Comments
heading.
Comment: HUD should review the two additional sets of MHCC
recommendations and update any reference standard contained in this
Notice of Propose Rulemaking (NPRM) to the latest available edition
receiving MHCC approval. One commenter specifically cited, as an
example, the Voluntary Standard for Utilization in Manufactured Homes,
and AAMA 1704, Voluntary Standard: Egress Window Systems for
Utilization in Manufactured Homes. HUD should take advantage of MHCC's
reference standards update process by reviewing all ballots on file and
suggesting the latest reference standard edition for proposed
rulemaking.
HUD Response: The final rule does include some later editions of
reference standards than were cited in the December 1, 2004, proposed
rule. However, the final rule does not update to the 2002 edition of
the AAMA 1704 standard for egress windows due to changes in the later
editions that may affect the ability of an occupant to egress during an
emergency. HUD, in coordination with MHCC, may also consider making
further updates to the reference standards in future rulemakings.
Comment: One commenter wrote that HUD should correct the title of
ASTM 773 to read Standard Test Method for Accelerated Weathering of
Sealed Insulating Glass Units, and also correct the title of ASTM 774
to read Standard Specification for the Classification of the Durability
of Sealed Insulating Glass Units.
HUD Response: The final rule corrects the title of these two
reference standards as recommended by the comment.
Comment: One commenter wrote that HUD should clarify whether ASTM
E84-91 will be deleted from the HUD Code, because Sec. 3280.203 still
has both the ASTM E84 and the NFPA 255 test methods available to
determine surface burning characteristics of building materials.
HUD Response: Section 3280.203(a) of the final rule permits the use
of either test method.
Comment: One commenter recommended that certain updated reference
standards be included in the final rule, including: (1) ANSI Z21.1--
2000--Household Cooking Gas Appliances--Sec. 3280.703; (2) ANSI
Z21.5.1--2002--Gas Clothes Dryers Volume 1--Sec. 3280.703; (3) ANSI
Z21.10.1--2004--Gas Water Heaters--Volume 1, Storage Water Heaters with
Input Ratings of 75,000 BTU per hour or less--Sec. 3280.703; (4) ANSI
Z21.15 (R2003)--1997--Manually Operated Gas Valves for Appliances,
Appliance Connector Valves and Hose End Valves--Sec. 3280.703; (5)
ANSI Z21.20--2000--Automatic Gas Ignition Systems and Components--Sec.
3280.703; (6) ANSI Z21.21--2000--Automatic Valves for Gas Appliances--
Sec. 3280.703; (7) ANSI Z21.22 (R2003)--1999--Relief Valves--Sec.
3280.703; (8) ANSI Z21.24--2001 Connectors for Gas Appliances--Sec.
3280.703; (9) ANSI Z21.40.1 (R2002)--1996--Gas Fired Heat Activated,
Air Conditioning and Heat Pump--Sec. 3280.703, Sec. 3280.714(a)(2);
(10) ANSI Z21.47--2003-- Gas Fired Central Furnaces (Note--Incorporates
provisions of Z21.64 now discontinued, that are related to direct
vent)--Sec. 3280.703; (11) ANSI Z21.75--2001--Connectors for Outdoor
Gas Appliances and Manufactured Homes--Sec. 3280.703; (12) ANSI/LC 1--
1997--Gas Piping Systems Using Corrugated Stainless Steel Tubing--Sec.
3280.703; and (13) ANSI Z2223.1/NFPA 54--2002--National Fuel Gas Code--
Sec. 3280.703.
HUD Response: Some of the recommended updates to the reference
standards have been included in the final rule, as discussed and listed
in section III.I. of this preamble.
Comment: One commenter stated that the referenced standard for gas
piping systems using corrugated stainless steel tubing, LC-1-1997,
should be moved from the Appliances category under Sec. 3280.703 to
Ferrous Pipe and Fittings, which is a more appropriate category. In
addition, this referenced standard should also include its addenda,
i.e., LC-1a-1999, for completeness.
[[Page 72034]]
HUD Response: The final rule does not contain the reference
standard for corrugated stainless steel tubing for use in gas piping
systems, as the publication that was proposed to be included in the
standards incorporated by reference was not available.
Comment: Two commenters wrote that in Sec. 3280.705--Gas Piping
Systems--a new section (5), titled Corrugated Stainless Steel Tubing
(CSST) Systems, should be included. CSST interior gas piping systems
should be designed and certified to the ANSI/LC-1, Gas Piping Systems
Using Corrugated Stainless Steel Tubing, and should be installed in
accordance with this code, the Z223.1/NFPA 54 National Fuel Gas Code,
and the manufacturer's installation instructions. The commenter
explained that since the HUD proposal is including a reference to the
ANSI/LC-1 CSST standard, the proposed additional provision is needed in
the interior gas piping section of the standard.
HUD Response: HUD, in coordination with MHCC, may consider
provisions governing the installation of corrugated stainless steel
tubing and the inclusion of an appropriate reference standard for CSST
gas piping systems in a future rulemaking.
Comment: One commenter wrote that AFPA 1997, Manual for Engineered
Wood Construction, is already an obsolete standard reference and should
be updated to the 2001 edition. By updating it to the 2001 version,
manufacturers could better take advantage of utilizing and sharing
designs with modular packages.
HUD Response: The final rule incorporates the 2001 edition of the
Manual for Engineered Wood Construction.
Comment: One commenter wrote that the ANSI/TPI 1 1990 has been
removed from the list of reference standards and has not been replaced
with an alternative design standard. All other model building codes
cite the ANSI/TPI as the standard to use when designing metal plate
connected roof trusses. Accordingly, the ANSI/TPI 1-2002 reference
standard should be incorporated into the amendments to ensure all
designs are calculated to the same criteria.
HUD Response: The standard for metal plate connected roof trusses
currently incorporated by reference in Sec. 3280.304 is TPI-85, not
ANSI/TPI-1990. HUD is retaining its current requirement in the final
rule and may, in coordination with MHCC, consider an update of this
reference standard in a future rulemaking.
Comment: One commenter wrote that the final rule should contain a
reference to Medium Density Fiberboard (MDF). MDF is a commonly used
material for built-in cabinets and moldings in manufactured homes. MDF
is a common core material used in Hardwood Plywood, ANSI/HPVA HP-1, and
another standard referenced in 24 CFR 3280. A reference to MDF for
Interior Applications, ANSI A208.2-2002, should be added to Sec.
3280.304(b)(1).
HUD Response: HUD, in coordination with MHCC, may consider
including a reference standard for MDF materials in a future
rulemaking.
Comment: One commenter indicated that the reference to subsection
221 of the 1995 edition of the NFPA 58 is incorrect, and that the
proper reference to relief valves in the 1995 edition is to subsection
2-3.2. The commenter explained that at a minimum, the agency should
revise this reference; however, HUD should ideally refer to the 2001
edition of the NFPA 58.
HUD Response: The final rule updates the reference standard to the
2001 edition of NFPA 58 as suggested by the comments.
Other Public Comments
Comment: Generally, HUD should not require or include metric
equivalents. The building community does not use metric on plans and
specifications for any type of residential building. Metric units are
necessary only for federally funded building projects. One commenter
wrote that most aspects of the construction industry have been, and
will continue to be, slow to convert to metric. A dual system would
only create confusion and take up additional space. However, there may
be some isolated cases where reference to metric units may be helpful.
One commenter stated that requiring the use of metric units would be
cumbersome and could be error-prone, and there appears to be no one in
the United States construction industry who is using metric dimensions.
Other commenters said simply that HUD should not require metric
equivalents.
HUD Response: HUD, in coordination with MHCC, may address the use
of metric equivalents, on an as-needed basis, in future rulemakings.
Comment: One commenter wrote that Sec. 3280.707(d) contains
minimum efficiency requirements for central heating and water heating
appliances that need to be updated to the Department of Energy (DOE)
minimum efficiency requirements.
HUD Response: HUD anticipates addressing the adoption of the DOE
minimum energy efficiency requirements for central heating and water
heater appliances, in coordination with MHCC, in a future rulemaking.
HUD and DOE have jointly formulated, and are dedicated to, a housing
energy efficiency policy that would serve the goal of reducing national
and family energy needs.
Comment: One commenter wrote that Sec. 3280.702 still has a
definition for water heaters that has the term ``other than space
heating.'' The commenter explained that there are many types of
combination water heater space heaters that are used in manufactured
homes, and this verbiage needs to be deleted.
HUD Response: HUD will refer this comment to MHCC and may consider
the definition of water heaters in a future rulemaking.
Comments of the Manufactured Housing Consensus Committee
The following comments were submitted to HUD on behalf of the
Manufactured Housing Consensus Committee (MHCC):
Comment: HUD should reconsider MHCC's recommendation to eliminate
the requirement to post the Formaldehyde Health Notice in each
manufactured home.
HUD Response: Please refer to the above discussion of public
comments under the Formaldehyde Health Notice Comments heading of the
preamble.
Comment: HUD should reconsider its decision to modify MHCC's
recommendation on fireblocking in Sec. 3280.206.
HUD Response: Please refer to the above discussion of public
comments on fire blocking.
Comment: Testing Protocol approvals under Sec. 3280.303(g) should
be delegated to DAPIAs.
HUD Response: Section 3280.303(g) no longer requires prior HUD
approval of alternative testing procedures except for procedures used
to evaluate one-piece metal roof systems.
Comment: HUD should reconsider its modification of MHCC's
recommendation and permit DAPIAs to also approve testing protocols for
one-piece metal roofing.
HUD Response: Please refer to the above discussion of Body and
Frame Requirement Comments, Part B-1.
Comment: HUD should concentrate on a single system of units and
only refer to metric units when helpful.
HUD Response: Please refer to the above discussion of metric units
under the Other Public Comments heading of the preamble.
Comment: Additional Testing is not needed for critical connections
when engineering calculations are provided.
[[Page 72035]]
HUD Response: Please refer to the above discussion in Body and
Frame Requirement Comments, Part B-3. Suitable load tests are now an
alternative to engineering calculations rather than a mandatory
provision in the final rule.
Comment: HUD should permit some minor exceptions to the
requirements for interior finish materials in hot-humid climates.
HUD Response: Section 3280.504(b)(4) of the final rule includes
minor exceptions to the 5.0 perm requirement for interior finish
materials used in hot-humid climates.
Comment: HUD should return the truss testing recommendations in
Sec. 3280.402 to MHCC for further consideration.
HUD Response: Please refer to the discussion of public comments on
truss testing. HUD is returning the truss-testing proposal to MHCC for
further consideration.
III. Section-by-Section Revisions
The final rule amends the following sections of the Construction
and Safety Standards in a manner that is different from the proposed
rule and revises the incorporation by reference of the indicated
reference standards.
A. Whole-House Ventilation
The final rule amends Sec. 3280.103(b) by simplifying the
requirements for sizing whole-house ventilation systems of manufactured
homes. The final rule establishes a minimum and maximum capacity for
these systems while continuing to require the systems to be balanced,
requires combination passive and mechanical systems to be adequately
sized and provided with inlets and exhaust to release any unbalanced
pressure, no longer accepts passive-only systems, requires operating
instructions for the system to be included in the consumer manual, and
requires the operating switch to be identified with a label.
B. Firestopping
The proposed rule amending Sec. 3280.206 changes the term
``Firestopping'' to ``Fireblocking'' to be consistent with current
building code terminology and application. The final rule also replaces
and clarifies existing language to better define locations where
fireblocking is required.
C. Body and Frame Requirements
The final rule amends Sec. 3280.303(g) by no longer requiring a
manufacturer to first submit alternative testing procedures to HUD for
approval when recognized testing procedures are not available, except
as required by Sec. 3280.305(c)(1)(iii) for one-piece metal roofing
systems.
Section 3280.305(c)(1) is also being amended by adding a new
paragraph (iii) to permit the use of certain one-piece metal roofing
without structural sheathing in the high wind areas, provided HUD has
approved the testing procedures to be used. The final rule amends Sec.
3280.305(c)(3)(i) by adding paragraphs (A), (B), and (C) and by
clarifying where middle and north zone roof load requirements would be
applicable. The amended rule also now designates counties in certain
states within the South or Middle Roof Load Zones where higher Middle
or North Roof Load Zones are required.
Section 3280.305(c)(3) is amended by incorporating a new paragraph
(iv) requiring that skylights must be capable of withstanding the roof
loads for which the home is designed.
The final rule amends Sec. 3280.305(e) by clarifying fastener
performance requirements for joining the major structural elements of
manufactured homes and by requiring that a continuous load path be
provided for transferring all forces between elements and for carrying
all imposed forces to the home's foundation/anchorage system.
The final rule amends Sec. 3280.305(e)(2) by reducing the minimum
thickness requirements for steel strapping required in Wind Zones II
and III from 26 gauge (0.0179 inch) to 0.016 inch. Other alternatives,
such as a combination of structural rated sheathing that overlaps the
roof and/or floor and strapping, or engineered connectors or structural
rated sheathing only, must be substantiated by either engineering
analysis or suitable load tests. The final rule amends Sec.
3280.305(g)(3) to require wood panel products used as floor or sub-
floor materials on the exterior of the home to be rated for exterior
exposure and be protected from moisture by sealing or applying
nonabsorbent overlay with water resistant adhesive. This will provide
protection against deterioration of exterior floor decking materials
when exposed to moisture.
The final rule amends Sec. 3280.306(b)(1) to require that each
column support pier location required along the marriage line(s) of
multi-section manufactured homes, at perimeter support locations, and
at shear wall locations be identified at each pier location by paint,
label, or other acceptable methods. These location identifications are
to be visible after the home is installed.
D. Subpart E--Testing
The final rule amends Sec. 3280.401 by clarifying that design live
load deflection criteria do not apply when the structural assembly
being evaluated does not include structural framing members.
E. Subpart F--Thermal Protection
The final rule amends Sec. 3280.504(b) by adding new paragraphs
(4) and (5) to permit the vapor retarder for exterior walls to be
installed on the exterior side, rather than the interior side, of the
wall insulation, or to be constructed with an external covering and
sheathing having a combined permeance of not greater than 1.0 perms,
provided that for either alternative that the interior finish and
interior wall panel materials have a combined permeance of not less
than 5.0 perms. However, based on the comments received, the final rule
now also provides for certain minor exceptions to the 5.0 perm interior
finish or wall panel requirements.
The final rule amends Sec. 3280.508(e) by permitting window
manufacturers the alternative to rate their window energy performance
by utilizing National Fenestration Rating Council (NFRC) standard 100
or by using AAMA standard 1503 for this purpose. Inclusion of the NFRC
standard would alleviate the need for those manufacturers who
previously have been utilizing NFRC 100 from also having to test the
AAMA 1500 and vice-versa.
The final rule will also amend Sec. 3280.510 by incorporating a
map that will designate the applicable Humid and Fringe zones by state
and county. A reproduction of the map will now be required to be
included on the Heating Certificate and could also be combined with the
Uo map for those homes constructed for those zones in
addition to or in combination with the Uo value map. A statement,
``This home is designed and constructed to be sited only in humid or
fringe climate regions as shown on the Humid and Fringe Climate Map,''
will also be required in conjunction with the Humid and Fringe zone map
on the Heating Certificate.
F. Subpart G--Plumbing Systems
The final rule amends Sec. 3280.607(a) by requiring the use of
restricted flow faucets and showerheads and by adding a paragraph (b)
to require the use of low water consumption water closets. This will
conserve water and help assure continued availability of adequate water
supplies, as well as reduce wastewater flows. The final rule will also
include requirements for low consumption
[[Page 72036]]
water closets (1.6 gallons per flush), and clarify that showerheads and
faucets are also to meet updated requirements (maximum flow rate of 2.5
gallons per minute) for water conservation as required by the Energy
Policy Act of 1992.
G. Subpart H--Heating, Cooling and Fuel Burning Systems
The final rule amends Sec. 3280.709 by adding a paragraph (h) to
require the installation of a corrosion-resistant water drip collection
and drain pan under each water heater.
The final rule amends Sec. 3280.715(c) to require joints and seams
of sheet metal and flexible metal ducts, including risers, trunks,
crossovers, branches, and plenums to be mechanically secured and made
substantially airtight. The final rule also requires that the tapes and
sealants used to seal the duct systems be applied to dry clean surfaces
having no dirt, grease, or oil on them. Currently, the standards
specify only that the joints and seams of ducts be securely fastened
and made substantially airtight. In addition, sealants and tapes will
also be required to be listed in accordance with UL 181A for rigid
ducts and UL 181B for flexible ducts.
H. Subpart I--Electrical Systems
The final rule amends Sec. 3280.806(d)(9) by clarifying that a
receptacle outlet would be provided on a wall adjacent to and within 36
inches of the outside edge of each bathroom basin. This wall receptacle
outlet would be in addition to any outlet that is part of a lighting
fixture or appliance that is over a bathroom basin. This revision will
no longer permit a receptacle that is integral with the light fixture
over a bathroom basin to serve as the only outlet for a bathroom basin
location. This change also addresses safety concerns related to the
permissible length of power cords for small appliances that may arise
in areas in which flowing water and electrical outlets are in close
proximity, such as light fixtures at bathroom basin locations.
The final rule also amends Sec. 3280.808(o) to provide a tolerance
for the gap at the edge of a box in walls or ceilings of noncombustible
material consistent with the National Electrical Code.
I. Revisions to Standards Incorporated by Reference (Reference
Standards)
The following is a list of the standards incorporated by reference
that is being revised by this final rule. Each reference standard is
preceded by an indicator to identify the type of change being made. A
new reference standard being added is indicated by the designation
``N,'' a reference standard being updated is indicated by the
designation ``U,'' and a reference standard being deleted is indicated
by the designation ``DELETED.'' In some cases, it was necessary to use
a different or more recent edition of a reference standard than
indicated in the proposed rule, because either the date of the standard
was incorrectly cited or the reference standard was out of date and no
longer available from the publishing organization. These changes in
dates are identified in the list below by italics. In other cases, a
proposed reference standard was not available and, as a result, HUD is
retaining the existing reference standard. These changes are identified
in the list below by a single asterisk. Two new proposed reference
standards, not presently contained in the Construction and Safety
Standards, could not be located, and have been eliminated from the
final rule. These reference standards are identified in the list below
by a double asterisk. The sections of the Construction and Safety
Standards being amended by each modification are also shown on the
right of each reference standard being added, updated, or deleted.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
U
AA...................................... 1994 Aluminum Design Manual, 3280.304(b).
Specifications and Guidelines
for Aluminum Structures, Part 1-
A, Sixth Edition, October 1994,
and Part 1-B, First Edition,
October 1994.
N
AAMA/WDMA 101/I.S.2-97.................. 1997 Voluntary Specifications for 3280.304(b)(1);
Aluminum, Vinyl (PVC) and Wood 3280.403(b)&(e); 3280.404
Windows and Glass Doors. (b).
N
AAMA 1600/I.S. 7-00..................... 2003 Voluntary Specification for 3280.305.
Skylights.
U
AAMA 1701.2-95.......................... 1995 Voluntary Standard Primary 3280.403(b); 3280.403(e);
Window and Sliding Glass Door 3280.404(b).
for Utilization in Manufactured
Housing.
U
AAMA 1702.2-95.......................... 1995 Voluntary Standard Swinging 3280.405(b); 3280.405(e);
Exterior Passage Door for 3280.405(e)(2).
Utilization in Manufactured
Housing.
U
ANSI/AFPA NDS-2001...................... 2001 National Design Specification 3280.304(b)(1).
for Wood Construction, 2001
Edition, with Supplement,
Design Values for Wood
Construction.
*
AFPA.................................... 1992 Design Values for Joists and 3280.304(b)(1).
Rafters.
U
AISI.................................... 1996 Specification for the Design of 3280.304(b)(1);
Cold-Formed Steel Structural 3280.305(j)(1).
Members.
DELETED
ANSI C73.17............................. 1972 National Standard Dimensions of 3280.803(g).
Caps, Plugs, and Receptacles,
Ground Type.
U
ANSI Z21.1.............................. 2000 Household Cooking Gas 3280.703.
Appliances.
U
ANSI Z21.5.1-1999; CSA 7.1-M99.......... 1999 Gas Clothes Dryers Volume 1-- 3280.703.
Type 1 Clothes Dryers with
Addendum Z21.5.1a-1999.
U
ANSI Z21.10.1-1998; CSA 4.1-M98......... 1998 Gas Water Heaters--Volume 1, 3280.703.
Storage Water Heaters with
Input Ratings of 75,000 BTU Per
Hour or Less with Addendum
Z21.10.1a-2000.
[[Page 72037]]
U
ANSI Z21.15-1997; CGA 9.1-M97........... 1997 Manually Operated Gas Valves for 3280.703.
Appliances, Appliance Connector
Valves, and Hose End Valves.
U
ANSI Z21.20............................. 2000 Automatic Gas Ignition Systems 3280.703.
and Components with Addendum
Z21.20a-2000.
U
ANSI Z21.21-2000; CSA 6.5-2000.......... 2000 Automatic Valves for Gas 3280.703.
Appliances.
N
ANSI Z21.22-1999; CSA 4.4-M99........... 1999 Relief Values for Hot Water 3280.703.
Supply Systems.
*
ANSI Z21.23............................. 1989 Gas Appliance Thermostats with 3280.703.
Addendum Z21.23a-1991.
U
ANSI Z21.24-1997; CGA 6.10-M97.......... 1997 Connectors for Gas Appliances... 3280.703.
U
ANSI Z21.40.1-1996; CGA 2.91-M96........ 1996 Gas Fired, Heat Activated Air 3280.703; 3280.714(a)(2).
Conditioning and Heat Pump
Appliances.
*
ANSI Z21.47............................. 1990 Gas-Fired Central Furnaces 3280.703.
(Except Direct Vent System
Control Furnaces) with Addendum
Z21.47a-1990 and Z21.47b-1992.
*
ANSI Z21.64............................. 1990 Direct Vent Central Furnaces 3280.703.
with Addendum Z21.64a-1992
(Discontinued--Now part of
Z21.47).
U
ANSI Z34.1-1993......................... 1993 Third Party Certification 3280.403(e)(1);
Programs for Products, 3280.405(e)(1).
Processes, and Services.
N
ANSI Z124.5-1997........................ 1997 Plastic Toilet (water closets) 3280.604(b).
Seats.
N
ANSI Z124.7-1997........................ 1997 Prefabricated Plastic Spa Shells 3280.604(b).
**
ANSI Z124.8............................. 1990 Bathtub Liners.................. 3280.604(b).
N
ANSI Z124.9-1994........................ 1994 Plastic Urinal Fixtures......... 3280.604(b).
U
ANSI/AHA A135.4-1995.................... 1995 Basic Hardboard................. 3280.304(b)(1).
U
ANSI/AHA A135.5-1995.................... 1995 Prefinished Hardboard Paneling.. 3280.304(b)(1).
U
ANSI/AHA A135.6-1998.................... 1998 Hardboard Siding................ 3280.304(b)(1).
U
ANSI A208.1-1999........................ 1999 Particleboard................... 3280.304(b)(1).
N
ASME A112.4.1-1993...................... 1993 Water Heater Relief Valve Drain 3280.604(b).
Tubes.
N
ASME A112.4.3-1999...................... 1999 Plastic Fittings for Connecting 3280.604(b).
Water Closets to the Sanitary
Drainage System.
*
ANSI/ASME A112.18.1M.................... 1989 Plumbing Fixture Fittings....... 3280.604(b).
N
ASME A112.18.3M-1996.................... 1996 Performance Requirements for 3280.604(b).
Backflow Protection Devices and
Systems in Plumbing Fixture
Fittings.
N
ASME A112.18.6-1999..................... 1999 Flexible Water Connectors....... 3280.604(b).
N
ASME A112.18.7-1999..................... 1999 Deck Mounted Bath/Shower 3280.604(a).
Transfer Valves with Integral
Backflow Protection.
N
ASME A112.19.6.......................... 1995 Hydraulic Performance 3280.604(b).
Requirements for Water Closets
and Urinals.
N
ASME A112.19.9M-1991.................... 1991 Non-Vitreous Ceramic Plumbing 3280.604(b).
Fixtures.
N
ASME A112.19.10-1994.................... 1994 Dual Flush Devices for Water 3280.604(b).
Closets.
N
ANSI/NEMA WD 6-1997..................... 1997 Wiring Devices--Dimensional 3280.803.
Specifications (Replaces C73.17
of the same title.).
N
ANSI/NSF 61-2001........................ 2001 Drinking Water System 3280.604(b)(2).
Components--Health Effects.
DELETED
NWWDA IS 1-87........................... ........ Wood Flush Doors................ 3280.304(b)(1);
3280.405(c)(1).
DELETED
[[Page 72038]]
ANSI/NWWDA I.S.2-87..................... 1987 Wood Windows (This standard is 3280.304(b)(1).
replaced by AAMA/WDMA 101/I.S.2-
97 NWWDA [National Wood Window
and Door Association] is now
the WDMA [Window and Door
Manufacturers Association]).
DELETED
ANSI/NWWDA I.S.3-88..................... 1988 Wood Sliding Patio Doors (This 3280.304(b)(1).
standard is replaced by AAMA/
WDMA 101/I.S.2-97).
DELETED
NWWDA IS 4-88........................... ........ Water Repellent Preservative Non 3280.304(b)(1).
Pressure Treatment for Millwork.
DELETED
APA PRP E108, E445N..................... 1989 Performance Standards and 3280.304(b)(1).
Policies.
U
APA E30P................................ 1996 Design/Construction Guide 3280.304(b)(1).
Residential and Commercial
Structures.
U
PS 1-95................................. 1995 Construction and Industrial 3280.304(b)(1).
Plywood (with Typical APA
Trademarks).
*
PS 2-92 (also known as NIST Standard PS 1992 Voluntary Product Standard 3280.304(b)(1).
2-96). Performance Standard for Wood-
Based Structural Use Panels.
*
APA S 811M.............................. 1990 Design and Fabrication of 3280.304(b)(1).
Plywood Curved Panels, PDS
Suppl. 1.
*
APA S 812Q.............................. 1992 Design and Fabrication of Glued 3280.304(b)(1).
Plywood Lumber Beams PDS Suppl.
2.
*
APA U 813L.............................. 1990 Design and Fabrication of 3280.304(b)(1).
Plywood Stressed Skin Panels
PDS Suppl. 3.
U
APA H815E............................... 1995 Design and Fabrication of All 3280.304(b)(1).
Plywood Beams (PDS Suppl. 5.).
N
APA D410A............................... 2004 Panel Design Specification...... 3280.304(b)(1).
*
APA U814 H.............................. 1990 Design and Fabrication of 3280.304(b)(1).
Plywood Sandwich Panels, Suppl.
4.
N
SEI/ASCE-8-02........................... 2002 Specification for the Design of 3280.304(b)(1);
Cold-Formed Stainless Steel 3280.305(j).
Structural Members.
N
ASCE-19-96.............................. 1996 Structural Applications of Steel 3280.304(b)(1).
Cables for Buildings.
U
ASHRAE.................................. 1997 1997 ASHRAE Handbook, 3280.508.
Fundamentals, Inch-Pound
Edition.
N
ASSE 1051 Revised: 1996; ANSI: 1990 Performance Requirements for Air 3280.604(b).
1998. Admittance Valves for Plumbing
Drainage Systems--Fixture and
Branch Devices.
U
ASTM A 539-99........................... 1999 Standard Specification for 3280.703; 3280.705(b)(4).
Electric-Resistance-Welded
Coiled Steel Tubing for Gas and
Fuel Oil Lines.
U
ASTM B 280-95........................... 1995 Standard Specification for 3280.703; 3280.705(b)(3);
Seamless Copper Tube for Air 3280.706(b)(3).
Conditioning and Refrigeration
Field Service.
U
ASTM C 36/C36M-99....................... 1999 Standard Specification for 3280.304(b)(1).
Gypsum Wallboard.
U
ASTMD 4442-92 (Reapproved 1997)......... 1997 Standard Test Methods for Direct 3280.304(b)(1).
Moisture Content Measurement of
Wood and Wood-Base Materials.
U
ASTM E 84-01............................ 2001 Standard Test Method for Surface 3280.203(a).
Burning Characteristics of
Building Materials.
U
ASTM E 96-95............................ 1995 Standard Test Methods for Water 3280.504(a).
Vapor Transmission of Materials.
U
ASTM E 162-94........................... 1994 Standard Test Method for Surface 3280.203(a).
Flammability of Materials Using
a Radiant Heat Energy Source.
U
ASTM E 773-97........................... 1997 Standard Test Method for 3280.403(d)(2).
Accelerated Weathering of
Sealed Insulating Glass Units.
U
ASTM E 774-97........................... 1997 Standard Specification for the 3280.403(d)(2).
Classification of the
Durability of Sealed Insulating
Glass Units.
U
ASTM E 1333-96.......................... 1996 Standard Test Method for 3280.406(b).
Determining Formaldehyde
Concentrations in Air and
Emission Rates from Wood
Products Using a Large Chamber.
[[Page 72039]]
U
HPVA Design Guide HP-SG-96.............. 1996 Structural Design Guide for 3280.304(b)(1).
Hardwood Plywood Wall Panels.
U
ANSI/HPVA HP-1-1994 (Approved 1995)..... 1994 American National Standard for 3280.304(b)(1).
Hardwood and Decorative Plywood.
DELETED
HUD-FHA UM-25d-73....................... 1973 Application and Fastening 3280.304(b)(1).
Schedule: Power-Driven, Driven
Fasteners, Use of Materials
Bulletin UM-25d.
U
IAPMO TSC 9-97.......................... 1997 Standard for Gas Supply 3280.703.
Connectors for Manufactured
Homes.
* *
ANSI/IAS LC 1........................... 1997 Gas Piping Using Corrugated 3280.703.
Stainless Steel Tubing with
Addendum LC-1A-1999.
*
IITRI Fire and Safety Research Project 1979 Development of Mobile Home Fire 3280.207(a).
J6461. Test Methods to Judge the Fire-
Safe Performance of Foam
Plastic Sheathing and Cavity
Insulation (Note: this is an
editorial revision to correct
the title and insert the date
of publication only.).
N
NER-272................................. 1997 National Evaluation Report, 3280.304(b).
Power Driven Staples and Nails
for Use in All Types of
Buildings Construction. (This
is published by the National
Evaluation Service.).
U
NFPA 31................................. 1997 Standard for the Installation of 3280.703; 3280.707(f).
Oil-Burning Equipment.
U
NFPA 54-2002/ANSI Z223.1-2002........... 2002 National Fuel Gas Code.......... 3280.703.
U
NFPA 58................................. 2001 Liquefied Petroleum Gas Code.... 3280.703;
3280.704(b)(5)(i).
U
NFPA 70................................. 2005 National Electrical Code........ 3280.801(a); 3280.801(b);
3280.803(k)(1); (k)(3);
3280.804(a);
3280.805(a)(3);
3280.806(a)(2);
3280.807(c);
3280.808(a)(m)&(q);
3280.811(b).
U
NFPA 220................................ 1995 Standard on Types of Building 3280.202.
Construction, Chapter 2,
Definitions of ``limited
combustible'' and
``noncombustible material''.
N
NFPA 255................................ 1996 Standard Method of Test of 3280.203(a).
Surface Burning Characteristics
of Building Materials.
N
NFRC 100................................ 1997 Procedure for Determining 3280.508(e).
Fenestration Product U-factors.
U
SJI..................................... 1994 Fortieth Edition Standard 3280.304(b)(1).
Specifications Load Tables and
Weight Tables for Steel Joist
and Joist Girders.
U
UL 94................................... 1996 Test for Flammability of Plastic 3280.715(e)(1).
Materials for Parts in Devices
and Appliances, Fifth Edition,
with 2001 revisions.
U
UL 103.................................. 1995 Factory-Built Chimneys for 3280.703.
Residential Type and Building
Heating Appliances, Ninth
Edition, with 1999 revisions.
U
UL 109.................................. 1997 Tube Fittings for Flammable and 3280.703.
Combustible Fluids,
Refrigeration Service, and
Marine Use, Sixth Edition, with
2001 revisions.
U
UL 127.................................. 1996 Factory-Built Fireplaces, 3280.703.
Seventh Edition, with 1999
revisions.
U
UL 174.................................. 1996 Household Electric Storage Tank 3280.703.
Water Heaters, Tenth Edition,
with 1997 revisions.
U
UL 181.................................. 1996 Factory-Made Air Ducts and Air 3280.703; 3280.715(e).
Connectors, Ninth Edition, with
1998 revisions.
N
UL 181A................................. 1994 Closure Systems for Use with 3280.703; 3280.715(c).
Rigid Air Ducts and Air
Connectors, Second Edition,
with 1998 revisions.
N
UL 181B................................. 1995 Closure Systems for Use with 3280.703; 3280.715(c).
Flexible Air Ducts and Air
Connectors, First Edition, with
1998 revisions.
U
UL 307A................................. 1995 Liquid Fuel-Burning Heating 3280.703; 3280.707(f).
Appliances for Manufactured
Homes and Recreational
Vehicles, Seventh Edition, with
1997 revisions.
[[Page 72040]]
U
UL 307B................................. 1995 Gas-Burning Heating Appliances 3280.703.
for Manufactured Homes and
Recreational Vehicles, Fourth
Edition, with 1998 revisions.
U
UL 311.................................. 1994 Roof Jacks for Manufactured 3280.703.
Homes and Recreational
Vehicles, Eighth Edition, with
1998 revisions.
U
UL 441.................................. 1996 Gas Vents, Ninth Edition, with 3280.703.
1999 revisions.
DELETED
UL 465.................................. 1987 Central Cooling Air Conditioners 3280.703.
(This standard is discontinued
and replaced by UL 1995.).
U
UL 569.................................. 1995 Pigtails and Flexible Hose 3280.703; 3280.705.
Connectors for LP-Gas, Seventh
Edition, with 2001 revisions.
U
UL 737.................................. 1996 Fireplace Stoves, Eighth 3280.703.
Edition, with 2000 revisions.
DELETED
UL 1025................................. 1991 Electric Air Heaters (This 3280.703.
standard is discontinued and
replaced by UL 2021.).
U
UL 1042................................. 1994 Electric Baseboard Heating 3280.703.
Equipment, Fourth Edition, with
1998 revisions.
U
UL 1482................................. 1996 Solid-Fuel Type Room Heaters, 3280.703.
Fifth Edition, with 2000
revisions.
N
UL 1995................................. 1995 Heating and Cooling Equipment, 3280.703.
Second Edition, with 1999
revisions (Replaces UL 465, UL
559 and UL 1096).
N
UL 2021................................. 1997 Fixed and Location-Dedicated 3280.703.
Electric Room Heaters, Second
Edition, with 1998 revisions
(Replaces UL 1025).
----------------------------------------------------------------------------------------------------------------
IV. Findings and Certifications
Regulatory Planning and Review
The Office of Management and Budget (OMB) reviewed this rule under
Executive Order 12866 (entitled ``Regulatory Planning and Review'').
OMB determined that this rule is a ``significant regulatory action'' as
defined in section 3(f) of the Order (although not an economically
significant regulatory action, as provided under section 3(f)(1) of the
Order). 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, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 10276, Washington, DC 20410-0500.
Paperwork Reduction Act
The information collection requirements contained in this rule are
currently approved by OMB under section 3504(h) of the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501-3520) and assigned OMB Control
Number 2502-0253. An agency may not conduct or sponsor, and a person is
not required to respond to a collection of information unless the
collection displays a currently valid control number.
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)). Although the Finding of No
Significant Regulatory Impact for the proposed rule remains applicable
to the final rule, a Supplemental Finding of No Significant Regulatory
Impact has been added to discuss changes made in the final rule. Both
the Finding of No Significant Impact and the Supplemental Finding are
available for public inspection between the hours of 8 a.m. and 5 p.m.
weekdays in the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 10276, Washington, DC 20410-0500.
Impact on Small Entities
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this final rule and in so
doing certifies that the rule would not have a significant economic
impact on a substantial number of small entities. The rule would
regulate establishments primarily engaged in making manufactured homes
(NAICS 32991). The Small Business Administration's size standards
define an establishment primarily engaged in making manufactured homes
as small if it does not exceed 500 employees. Of the 222 firms included
under this NAICS definition, 198 are small manufacturers that fall
below the small business threshold of 500 employees. The final rule
will apply to all of the manufacturers. The rule would, thus, affect a
substantial number of small entities. However, based on an analysis of
the costs and the fact that a small manufacturer would just as likely
produce homes at the higher end of the cost spectrum as would a major
producer, evaluating the effect of the increase is not discernible
based on the size of the manufacturing operation. For the reasons
stated below, HUD knows of no instance in which a manufacturer with
fewer than 500 employees would be significantly affected by this rule.
HUD, in cooperation with MHCC, previously conducted an economic
cost impact analysis for this rule. A copy of the economic analysis is
available for
[[Page 72041]]
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
Regulations Division, Office of General Counsel, Department of Housing
and Urban Development, 451 Seventh Street, SW., Room 10276, Washington,
DC 20410-0500. The economic analysis previously concluded the potential
cost impact, based on a per home cost, to be approximately $77.28 to
retailers and $96.60 to purchasers or an estimated annual cost impact
of $13,137,600 to retailers and $16,422,000 to purchasers. This is
based on an estimated annual production rate of 170,000 manufactured
homes per year. HUD now estimates that the annual projected cost
impacts indicated in the proposed rule have been reduced by more than
40 percent in the final rule, as a result of the removal of the
revisions to the truss testing procedures from the final rule. Further,
the final cost estimates would be even lower today based on present
annual production rates, which range between 130,000 and 140,000 homes
per year. In addition, the cost of the paperwork burden associated with
this rule is estimated to be approximately $112,000 for the entire
industry, which is less than an additional $1.00 per unit. Additional
information about the paperwork burden can be found in the Paperwork
Reduction Act section of the preamble. This does not represent a
significant economic effect on either an industry-wide or on a per-unit
basis.
These relatively small increases in cost associated with this final
rule would not impose a significant burden for a small business for
homes that can cost the purchaser between $40,000 and $100,000.
Therefore, although this rule would affect a substantial number of
small entities, it would not have a significant economic impact on
them.
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.
V. Incorporation by Reference
These reference standards 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 following organizations:
AA--The Aluminum Association, 1525 Wilson Boulevard, Suite 600,
Arlington, VA 22209, (703) 358-2960, http://www.aluminum.org.
AFPA--American Forest and Paper Association, 1111 19th Street, NW.,
Washington, DC 20036, (202) 463-2700, fax (202) 463-5180,
http://www.afandpa.org.
AHA--American Hardboard Association, 1210 West Northwest Highway,
Palatine, IL 60067, (847) 934-8800, fax (847) 934-8803,
http://www.hardboard.org.
AISI--American Iron and Steel Institute, 1101 17th Street, NW.,
Washington, DC 20036, (202) 452-7100, fax (202) 463-6573, http://www.aisc.org.
ANSI--American National Standards Institute, 25 West 43rd Street,
New York, NY 10036, (212) 642-4900, fax (212) 398-0023, http://www.ansi.org.
APA--The Engineered Wood Association, 7011 South 19th Street,
Tacoma, WA 98411, (253) 565-6600, fax (253) 565-7265, http://www.apawood.org.
ASCE--American Society of Civil Engineers, 1015 15th Street, NW.,
Washington, DC 20005, (202) 789-2200, fax (202) 289-6797, http://www.asce.org.
ASHRAE--American Society for Heating, Refrigeration and Air
Conditioning Engineers, 1791 Tuillie Circle, NE., Atlanta, GA 30329,
(404) 636-8400, fax (404) 321-5478, http://www.ashrae.org.
ASME--American Society of Mechanical Engineers, 22 Law Drive, P.O.
Box 2900, Fairfield, NJ 07007, 1-800 843-2763, fax 1-973-882-8113,
http://www.asme.org.
ASSE--American Society of Sanitary Engineering, P.O. Box 40362, Bay
Village, OH 44140, (216) 835-3040, fax (216) 835-3488, http://www.asse-plumbing.org
.
ASTM--American Society for Testing and Materials, 100 Barr Harbor
Drive, West Conshohocken, PA 19428, (610) 832-9500, fax (610) 832-9555,
http://www.astm.org.
CSA (IAS)--CSA International (formerly International Approval
Services), 8501 East Pleasant Valley Road, Cleveland, OH 44131, (216)
524-4990, fax (216) 642-3463, http://www.csa-international.org.
CPA--Composite Panel Association (formerly the National Particle-
board Association) 18928 Premier Court, Gaithersburg, MD 20879-1574,
(301) 670-0604, fax (301) 840-1252, http://www.pbmdf.com.
HPVA--Hardwood Plywood and Veneer Association, 1825 Michael Faraday
Drive, Reston, VA 22090, (703) 435-2900, fax (703) 435-2537,
http://www.hpva.org.
HUD--Department of Housing and Urban Development, Office of
Manufactured Housing Programs, 451 Seventh Street, SW., Washington, DC
20410, (202) 708-6423, fax (202) 708-4213.
IAPMO--International Association of Plumbing and Mechanical
Officials, 20001 Walnut Drive South, Walnut, CA 91789, (909) 595-8449,
fax (909) 594-1537, http://www.iapmo.org.
IIT--IIT Research Institute, 10 West 35th Street, Chicago, IL
60616, (312) 567-3000, fax (312) 567-4167, http://www.iitri.org.
NEMA--National Electrical Manufacturers Association, 1300 North
17th Street, Suite 1847, Rosslyn, VA 22209, (703) 841-3200, fax (703)
841-5900, http://www.nema.org.
NER--International Code Council Evaluation Service [Previously
known as National Evaluation Service], 5360 Workman Mill Road,
Whittier, CA 90601-0543.
NFPA--National Fire Protection Association, Batterymarch Park,
Quincy, MA 02269, (617) 770-3000, fax (617) 770-0700, http://www.nfpa.org.
NFRC--National Fenestration Rating Council, Incorporated, 1300
Spring Street, Suite 120, Silver Spring, MD 20910, (301) 589-6372, fax
(301) 588-0854, http://www.nfrc.org.
NSF--NSF International, P.O. Box 130140, Ann Arbor, MI 48113, (313)
769-8010, fax (313) 769-0109, http://www.nsf.org.
PS--National Institute of Standards and Technology, Voluntary
Product Standards, Gaithersburg, MD 20810, (301) 975-2000, fax (301)
926-1559, http://www.nist.gov.
SJI--Steel Joist Institute, 1205 48th Avenue North, Suite A, Myrtle
Beach, SC 29577, (803) 626-1995, fax (803) 449-1343,
http://www.steeljoist.org.
TPI--Truss Plate Institute, 583 D'Onofrio Drive, Suite 200,
Madison, WI 53719, (608) 833-5900, fax (608) 833-4360, http://www.tpinst.org.
UL--Underwriters Laboratories, 333 Pfingsten Road, Northbrook, IL
60062, (847) 272-8800, fax (847) 509-6257, http://www.ul.com.
WDMA (NWWDA)--Window and Door Manufacturers Association (formerly
the National Wood Window and Door Association), 1400 East Touhy Avenue,
Des Plaines, IL 60018, (847) 299-5200, fax (847) 299-1286,
http://www.wdma.com.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number for
Manufactured
[[Page 72042]]
Housing Construction and Safety Standards is 14.171.
List of Subjects in 24 CFR Part 3280
Housing standards, Incorporation by reference, Manufactured homes.
0
Accordingly, for the reasons stated in the preamble, HUD is amending 24
CFR part 3280 as follows:
PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
0
1. The authority citation for part 3280 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 5403, and 5424.
0
2. In Sec. 3280.4(b), revise the address for HUD User and add the
following organizations to the list in alphabetical order to read as
follows:
Sec. 3280.4 Incorporation by reference.
* * * * *
(b) * * *
HUD User, 11491 Sunset Hills Road, Reston, VA 20190-5254
* * *
NEMA--National Electrical Manufacturers Association, 1300 North
17th Street, Suite 1847, Rosslyn, VA 22209
NER--International Code Council Evaluation Service [Previously
known as National Evaluation Service], 5360 Workman Mill Road,
Whittier, CA 90601-0543
* * *
NFRC--National Fenestration Rating Council, 8984 Georgia Avenue,
Suite 320, Silver Spring, MD 20910
* * *
WDMA--Window and Door Manufacturers Association [Previously
known as the National Wood Window and Door Association, NWWDA], 1400
East Touhy Avenue, Des Plaines, IL 60018
* * * * *
0
3. In Sec. 3280.103, revise paragraph (b) to read as follows:
Sec. 3280.103 Light and ventilation.
* * * * *
(b) Whole-house ventilation. Each manufactured home must be
provided with whole-house ventilation having a minimum capacity of
0.035 ft\3\/min/ft\2\ of interior floor space or its hourly average
equivalent. This ventilation capacity must be in addition to any
openable window area. In no case shall the installed ventilation
capacity of the system be less than 50 cfm nor more than 90 cfm. The
following criteria must be adhered to:
(1) The ventilation capacity must be provided by a mechanical
system or a combination passive and mechanical system. The ventilation
system or provisions for ventilation must not create a positive
pressure in Uo Value Zone 2 and Zone 3 or a negative pressure condition
in Uo Value Zone 1. Mechanical systems must be balanced. Combination
passive and mechanical systems must have adequately sized inlets or
exhaust to release any unbalanced pressure. Temporary pressure
imbalances due to gusting or high winds are permitted.
(2) The ventilation system or provisions for ventilation must
exchange air directly with the exterior of the home, except the
ventilation system, or provisions for ventilation must not draw or
expel air with the space underneath the home. The ventilation system or
provisions for ventilation must not draw or expel air into the floor,
wall, or ceiling/roof systems, even if those systems are vented. The
ventilation system must be designed to ensure that outside air is
distributed to all bedrooms and main living areas. The combined use of
undercut doors or transom grills connecting those areas to the room
where the mechanical system is located is deemed to meet this
requirement.
(3) The ventilation system or a portion of the system is permitted
to be integral with the home's heating or cooling system. The system
must be capable of operating independently of the heating or cooling
modes. A ventilation system that is integral with the heating or
cooling system is to be listed as part of the heating and cooling
system or listed as suitable for use with that system.
(4) A mechanical ventilation system, or mechanical portion thereof,
must be provided with a manual control, and must be permitted to be
provided with automatic timers or humidistats.
(5) A whole-house ventilation label must be attached to the whole-
house ventilation control, must be permanent, and must state: ``WHOLE-
HOUSE VENTILATION''.
(6) Instructions for correctly operating and maintaining whole-
house ventilation systems must be included with the homeowner's manual.
The instructions must encourage occupants to operate these systems
whenever the home is occupied, and must refer to the labeled whole-
house ventilation control.
* * * * *
0
4. In Sec. 3280.202, revise the definition of ``Limited combustible''
and the definition of ``Noncombustible material'' to read as follows:
Sec. 3280.202 Definitions.
* * * * *
Limited combustible: A material meeting:
(1) The definition contained in Chapter 2 of NFPA 220-1995,
Standard on Types of Building Construction; or
(2) \5/16\-inch or thicker gypsum board.
Noncombustible material: A material meeting the definition
contained in Chapter 2 of NFPA 220-1995, Standard on Types of Building
Construction.
* * * * *
0
5. In Sec. 3280.203, revise paragraph (a) introductory text to read as
follows:
Sec. 3280.203 Flame spread limitations and fire protection
requirements.
(a) Establishment of flame spread rating. The surface flame spread
rating of interior-finish material must not exceed the value shown in
Sec. 3280.203(b) when tested by Standard Test Method for Surface
Burning Characteristics of Building Materials, ASTM E84-01, 2001, or
Standard Method of Test of Surface Burning Characteristics of Building
Materials NFPA 255, 1996, except that the surface flame spread rating
of interior-finish materials required by Sec. 3280.203(b)(5) and (6)
may be determined by using the Standard Test Method for Surface
Flammability of Materials Using a Radiant Heat Energy Source, ASTM E
162-94. However, the following materials need not be tested to
establish their flame spread rating unless a lower rating is required
by the standards in this part:
* * * * *
0
6. Revise Sec. 3280.206 to read as follows:
Sec. 3280.206 Fireblocking.
(a) General. Fireblocking must comply with the requirements of this
section. The integrity of all fireblocking materials must be
maintained.
(b) Fireblocking materials. Fireblocking must consist of the
following materials:
(1) Minimum one inch nominal lumber, \5/16\ inch thick gypsum
board, or equivalent fire resistive materials; or
(2) Other Listed or Approved Materials;
(c) Fireblocking locations. (1) Fireblocking must be installed in
concealed spaces of stud walls, partitions, and furred spaces at the
floor and ceiling levels. Concealed spaces must not communicate between
floor levels. Concealed spaces must not communicate between a ceiling
level and a concealed roof area, or an attic space.
(2) Fireblocking must be installed at the interconnection of a
concealed vertical space and a concealed horizontal space that occurs:
(i) Between a concealed wall cavity and the ceiling joists above;
and
(ii) At soffits, drop ceilings, cover ceilings, and similar
locations.
(3) Fireblocking must be installed around the openings for pipes,
vents,
[[Page 72043]]
and other penetrations in walls, floors, and ceilings of furnace and
water heater spaces. Pipes, vents, and other penetrations that cannot
be moved freely within their opening are considered to be fireblocked.
Materials used to fireblock heat producing vent penetrations must be
noncombustible or limited combustible types.
0
7. In Sec. 3280.207, revise paragraph (a)(4) introductory text to read
as follows:
Sec. 3280.207 Requirements for foam plastic thermal insulating
materials.
(a) * * *
(4) The foam plastic insulating material has been tested as
required for its location in wall and/or ceiling cavities in accordance
with testing procedures described in the Illinois Institute of
Technology Research Institute (IIT) Report, ``Development of Mobile
Home Fire Test Methods to Judge the Fire-Safe Performance of Foam
Plastic Sheathing and Cavity Insulation, IITRI Fire and Safety Research
Project J-6461, 1979'' or other full-scale fire tests accepted by HUD,
and it is installed in a manner consistent with the way the material
was installed in the foam plastic test module. The materials must be
capable of meeting the following acceptance criteria required for their
location:
* * * * *
0
8. In Sec. 3280.303, paragraph (g) is revised to read as follows:
Sec. 3280.303 General requirements.
* * * * *
(g) Alternative test procedures. In the absence of recognized
testing procedures either in the Standards in this part or in the
applicable provisions of those standards incorporated in this part by
reference, the manufacturer electing this option must develop or cause
to be developed testing procedures to demonstrate the structural
properties and significant characteristics of the material, assembly,
subassembly component, or member, except for testing methods involving
one-piece metal roofing as would be required in Sec.
3280.305(c)(1)(iii). Such testing procedures become part of the
manufacturer's approved design. Such tests must be witnessed by an
independent licensed professional engineer or architect or by a
recognized testing organization. Copies of the test results must be
kept on file by the manufactured home manufacturer.
9. In Sec. 3280.304, revise paragraph (b)(1) to read as follows:
Sec. 3280.304 Materials.
* * * * *
(b)(1) Standards for some of the generally used materials and
methods of construction are listed in the following table:
Aluminum
Aluminum Design Manual, Specifications and Guidelines for
Aluminum Structures, Part 1-A, Sixth Edition, October 1994, and Part
1-B, First Edition, October 1994.
Steel
Specification for Structural Steel Buildings--Allowable Stress
Design and Plastic Design--AISC-S335, 1989. The following parts of
this reference standard are not applicable: 1.3.3, 1.3.4, 1.3.5,
1.3.6, 1.4.6, 1.5.1.5, 1.5.5, 1.6, 1.7, 1.8, 1.9, 1.10.4 through
1.10.7, 1.10.9, 1.11, 1.13, 1.14.5, 1.17.7 through 1.17.9, 1.19.1,
1.19.3, 1.20, 1.21, 1.23.7, 1.24, 1.25.1 through 1.25.5, 1.26.4,
2.3, 2.4, 2.8 through 2.10.
Specification for the Design of Cold-Formed Steel Structural
Members--AISI-1996.
Specification for the Design of Cold-Formed Stainless Steel
Structural Members--SEI/ASCE 8-02, 2002.
Standard Specifications Load Tables and Weight Tables for Steel
Joists and Joist Girders, SJI, Fortieth Edition, 1994.
Structural Applications of Steel Cables for Buildings--ASCE19,
1996.
Standard Specification for Strapping, Flat Steel and Seals--ASTM
D3953, 1991.
Wood and Wood Products
Basic Hardboard--ANSI/AHA A135.4-1995.
Prefinished Hardboard Paneling--ANSI/AHA A135.5-1995.
Hardboard Siding--ANSI/AHA A135.6-1998.
American National Standard for Hardwood and Decorative Plywood--
ANSI/HPVA HP-1-1994 (Approved 1995).
Structural Design Guide for Hardwood Plywood Wall Panels--HPVA
Design Guide HP-SG-96, 1996.
For wood products--Structural Glued Laminated Timber--ANSI/AITC
A190.1-1992.
Construction and Industrial Plywood (With Typical APA
Trademarks)--PS 1-95.
APA Design/Construction Guide, Residential and Commercial--APA
E30-P-1996.
Design Specifications for Metal Plate and Wood Connected
Trusses--TPI-85.
Design and Fabrication of All-Plywood Beams--APA H-815E (PDS
Supplement 5), 1995.
Panel Design Specification--APA D410A, 2004.
Design and Fabrication of Glued Plywood-Lumber Beams--APA-S
812Q, Suppl. 2-1992.
Design and Fabrication of Plywood Curved Panels--APA-S 811M,
Suppl. 1, 1990.
Design and Fabrication of Plywood Sandwich Panels--APA-U 814H,
Suppl. 4, 1990.
Voluntary Product Standard, Performance Standard for Wood-based
Structural Use Panels--PS 2-92, 1992 (also known as NIST Standard PS
2-96).
Design and Fabrication of Plywood Stressed-Skin Panels--APA-U
813L, Suppl. 3, 1990.
National Design Specifications for Wood Construction, 2001
Edition, with Supplement, Design Values for Wood Construction, NDS-
2001, ANSI/AFPA.
Wood Structural Design Data, 1989, Revised 1992, AFPA.
Span Tables for Joists and Rafters--PS-20-70, 1993, AFPA.
Design Values for Joists and Rafters 1992, AFPA.
Particleboard--ANSI A208.1-1999.
Voluntary Specifications for Aluminum, Vinyl (PVC) and Wood
Windows and Glass Doors--ANSI/AAMA/NWWDA 101/I.S.2-97.
Standard Test Methods for Puncture and Stiffness of Paperboard,
and Corrugated and Solid Fiberboard--ASTM D781, 1973.
Standard Test Methods for Direct Moisture Content Measurement of
Wood and Wood-Base Materials--ASTM D 4442-92 (Re-approved 1997),
1997.
Standard Test Methods for Use and Calibration of Hand-Held
Moisture Meters--ASTM D4444, 1992.
Other
Standard Specification for Gypsum Wallboard--ASTM C 36/C 36M-99,
1999.
Fasteners
National Evaluation Report, Power Driven Staples, Nails, and
Allied Fasteners for Use in All Types of Building Construction--NER-
272, 1997.
Unclassified
Minimum Design Loads for Buildings and Other Structures--ASCE 7-
1988.
Safety Performance Specifications and Methods of Test for Safety
Glazing Materials Used in Building--ANSI Z97.1-1984.
* * * * *
0
10. In Sec. 3280.305:
0
A. Add paragraph (c)(1)(iii);
0
B. Add paragraphs (c)(3)(i)(A) through (C) following the table in
paragraph (c)(3)(i);
0
C. Add paragraph (c)(3)(iv);
0
D. Revise paragraph (e);
0
E. Redesignate paragraphs (g)(3) through (g)(5) as paragraphs (g)(4)
through (g)(6);
0
F. Add new paragraph (g)(3);
0
G. Redesignate paragraph (i)(l) as follows:
------------------------------------------------------------------------
Old paragraph New paragraph
------------------------------------------------------------------------
(i)(1)(i)................................. (j)(1)
(i)(1)(ii)................................ (j)(2)
(i)(1)(ii)(A)............................. (j)(2)(i)
(i)(1)(ii)(B)............................. (j)(2)(ii)
(i)(1)(ii)(C)............................. (j)(2)(iii)
------------------------------------------------------------------------
0
H. Reserve vacated paragraph (i); and
0
I. Revise newly redesignated paragraph (j)(1) to read as follows:
Sec. 3280.305 Structural design requirements.
* * * * *
(c) * * *
[[Page 72044]]
(1) * * *
(iii) One-piece metal roofing capable of resisting the design wind
pressures for ``Components and Cladding: (Exterior roof coverings)'' in
the Table for Design Wind Pressures in this section is allowed to be
used without structural sheathing, provided the metal roofing is tested
using procedures that have been approved by HUD and that meet all
requirements of Sec. Sec. 3280.303(c) and (g) and 3280.401.
* * * * *
(3) * * *
(i) * * *
(A) North Roof Load Zone. The following counties in each of the
following states are deemed to be within the North Roof Load Zone:
Maine--Aroostook, Piscataquis, Somerset, Penobscot, Waldo, Knox,
Hancock, and Washington.
Alaska--All Counties
(B) Middle Roof Load Zone. The following counties in each of the
following states are deemed to be within the Middle Roof Load Zone:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
States Counties
--------------------------------
South Dakota................... Grant Brookings Hanson Lincoln
Codington Miner Minnehaha Yankton
Deuel Lake Hutchinson Union
Hamlin Moody Turner Clay
Kingsbury McCook .................. ..................
Minnesota...................... Koochiching Stearns Renville Sibley
Itasca Swift McLeod Nicollet
Hubbard Kandiyohi Carver Blue Earth
Cass Meeker Dakota Martin
Crow Wing Wright Goodhue Watonwan
Aitkin Lac qui Parle Wabasha Brown
St. Louis Chippewa Winona Redwood
Lake Yellow Medicine Fillmore Lyon
Cook Mille Lacs Mower Lincoln
Carlton Kanabec Olmsted Pipestone
Pine Benton Dodge Murray
Wadena Isanti Rice Cottonwood
Todd Sherburne Steele Jackson
Morrison Anoka Freeborn Nobles
Douglas Chisapo Faribault Rock
Grant Washington Waseca St. Croix
Stevens Hennepin Le Sueur ..................
Pope Ramsey Scott ..................
Iowa........................... Hanock Mitchell Hamilton Buena Vista
Lyon Howard Webster Cherokee
Osceola Chickasaw Calhoun Plymouth
Dickinson Butler Sac Sioux
Emmet Floyd Ida O'Brien
Kossuth Cerro Gordo Humboldt Clay
Winnebago Franklin Pocahontas Wright
Worth Hardin Palo Alto Crawford
Wisconsin...................... Douglas Oconto Pepin Lincoln
Bayfied Menominee Pierce Oneida
Ashland Langlade Dunn Polk
Iron Marathon Eau Claire Burnett
Vilas Clark Chippewa Washburn
Forest Jackson Rusk Sawyer
Florence Trempealeau Barron Price
Marinette Buffalo Taylor Doon
Michigan....................... Houghton Iron Presque Isle Wexford
Baraga Dickinson Charlevoix Benzie
Marquette Menominee Montmorency Grand Traverse
Alger Delta Alpena Kalkaska
Luce Schoolcraft Alcona Oscoda
Chippewa Mackinaw Ogemaw Otsego
Keweenaw Cheyboygan Roscommon Leelanau
Ontonagon Emmet Missaukee Antrim
Gogebic .................. .................. ..................
New York....................... St. Lawrence Herkimer Onondage Genesee
Franklin Lewis Madison Orleans
Clinton Oswego Cayuga Niagara
Essex Jefferson Seneca Erie
Hamilton Oneida Wayne Wyoming
Warren Fulton Ontario Monroe
Saratoga Montgomery Yates ..................
Washington Schenectady Livingston ..................
Massachusetts.................. Essex .................. .................. ..................
Maine.......................... Franklin Kennebec Lincoln Cumberland
Oxford Androscoggin Sagadahoc York
Montana........................ All Counties .................. .................. ..................
Idaho.......................... All Counties .................. .................. ..................
Colorado....................... All Counties .................. .................. ..................
[[Page 72045]]
Wyoming........................ All Counties .................. .................. ..................
Utah........................... All Counties .................. .................. ..................
Vermont........................ Franklin Orleans Caledonia Addison
Grand Isle Essex Washington Rutland
Lamoille Chittendon Orange Windsor
New Hampshire.................. Coos Belknap Sullivan Hillsborough
Grafton Strafford Rockingham Cheshire
Carroll Merrimack .................. ..................
----------------------------------------------------------------------------------------------------------------
(C) South Roof Load Zone. The states and counties that are not
listed for the North Roof Load Zone in paragraph (c)(3)(i)(A) of this
section, or the Middle Roof Load Zone in paragraph (c)(3)(i)(B) of this
section, are deemed to be within the South Roof Load Zone.
* * * * *
(iv) Skylights must be capable of withstanding roof loads as
specified in paragraphs (c)(3)(i) or (c)(3)(ii) of this section.
Skylights must be listed and tested in accordance with AAMA 1600/I.S.7-
00, 2003, Voluntary Specification for Skylights.
* * * * *
(e) Fastening of structural systems. (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.
(2) For Wind Zone II and Wind Zone III, roof framing members must
be securely fastened at the vertical bearing points to resist design
overturning, uplift, and sliding forces. When engineered connectors are
not installed, roof framing members must be secured at the vertical
bearing points to wall framing members (studs), and wall framing
members (studs) must be secured to floor framing members, with 0.016
inch base metal, minimum steel strapping or engineered connectors, or
by a combination of 0.016 inch base metal, minimum steel strapping or
engineered connectors, and structural-rated wall sheathing that
overlaps the roof and floor system if substantiated by structural
analysis or by suitable load tests. Steel strapping or engineered
connectors are to be installed at a maximum spacing of 24 inches on
center in Wind Zone II, and 16 inches on center in Wind Zone III.
Exception: Where substantiated by structural analysis or suitable load
tests, the 0.016 inch base metal minimum steel strapping or engineered
connectors may be omitted at the roof to wall and/or wall to floor
connections, when structural rated sheathing that overlaps the roof and
wall and/or wall and floor is capable of resisting the applicable
design wind loads.
* * * * *
(g) * * *
(3) Wood panel products used as floor or subfloor materials on the
exterior of the home, such as in recessed entryways, must be rated for
exterior exposure and protected from moisture by sealing or applying
nonabsorbent overlay with water resistant adhesive.
* * * * *
(j) Welded connections. (1) All welds must be made in accordance
with the applicable provisions of the Specification for Structural
Steel Buildings, Allowable Stress Design and Plastic Design, AISC-S335,
1989; the Specification for the Design of Cold-Formed Steel Structural
Members, AISI, 1996; and the Specification for the Design of Cold-
Formed Stainless Steel Structural Members, SEI/ASCE 8-02, 2002.
* * * * *
0
11. In Sec. 3280.306, revise paragraph (b)(1) to read as follows:
Sec. 3280.306 Windstorm protection.
* * * * *
(b) Contents of instructions. (1) The manufacturer must provide
printed instructions with each manufactured home that specify the
location and required capacity of stabilizing devices on which the
home's design is based. The manufacturer must identify by paint, label,
decal stencil, or other means: the location of each column support pier
location required along the marriage line(s) of multi-section
manufactured homes; each pier location required along the perimeter of
the home; each required shear wall pier support; and any other special
pier support locations specified in the manufacturer's printed
instructions. Such identifications must be visible after the home is
installed. The manufacturer must provide drawings and specifications,
certified by a registered professional engineer or architect, that
indicate at least one acceptable system of anchoring, including the
details or required straps or cables, their end connections, and all
other devices needed to transfer the wind loads from the manufactured
home to an anchoring or foundation system.
* * * * *
0
12. In Sec. 3280.401, revise paragraphs (a) and (b) to read as
follows:
Sec. 3280.401 Structural load tests.
* * * * *
(a) Proof load tests. Every structural assembly tested must be
capable of sustaining its dead load plus superimposed live loads equal
to 1.75 times the required live loads for a period of 12 hours without
failure. Tests must be conducted with loads applied and deflections
recorded in \1/4\ design live load increments at 10-minute intervals
until 1.25 times design live load plus dead load has been reached.
Additional load shall then be applied continuously until 1.75 times
design live load plus dead load has been reached. Assembly failure
shall be considered as design live load deflection (or residual
deflection measured 12 hours after live load removal) that is greater
than the limits set in Sec. 3280.305(d), rupture, fracture, or
excessive yielding. Design live load deflection criteria do not apply
when the structural assembly being evaluated does not include
structural framing members. An assembly to be tested shall be of the
minimum quality of materials and workmanship of the production. Each
test assembly, component, or subassembly shall be identified as to type
and quality or grade of material. All assemblies, components, or
subassemblies qualifying under this test shall be subject to a
continuing qualification testing program acceptable to HUD.
(b) Ultimate load tests. Ultimate load tests must be performed on a
minimum of three assemblies or components to generally evaluate the
structural design. Every structural assembly or component tested must
be capable of sustaining its total dead load plus the design live load
increased by a factor of safety of at least 2.5. A factor of safety
greater than 2.5 shall be used when required by an applicable reference
standard in Sec. 3280.304(b)(1). Tests shall be conducted with loads
applied and deflections recorded in 1/4 design live load increments at
10-minute intervals
[[Page 72046]]
until 1.25 times design live load plus dead load has been reached.
Additional loading shall then be applied continuously until failure
occurs, or the total of the factor of safety times the design live load
plus the dead load is reached. Assembly failure shall be considered as
design live load deflection greater than the limits set in Sec.
3280.305(d), rupture, fracture, or excessive yielding. Design live load
deflection criteria do not apply when the structural assembly being
evaluated does not include structural framing members. Assemblies to be
tested shall be representative of average quality or materials and
workmanship of the production. Each test assembly, component, or
subassembly shall be identified as to type and quality or grade of
material. All assemblies, components, or subassemblies qualifying under
this test shall be subject to a periodic qualification testing program
acceptable to HUD.
0
13. In Sec. 3280.403, revise paragraph (b), paragraph (d)(2), and
paragraph (e) to read as follows:
Sec. 3280.403 Standard for windows and sliding glass doors used in
manufactured homes.
* * * * *
(b) Standard. All primary windows and sliding glass doors shall
comply with AAMA 1701.2-95, Voluntary Standard Primary Window and
Sliding Glass Door for Utilization in Manufactured Housing, except the
exterior and interior pressure tests must be conducted at the design
wind loads required for components and cladding specified in Sec.
3280.305(c)(1).
* * * * *
(d) * * *
(2) Sealed insulating glass, where used, must meet all performance
requirements for Class C in accordance with ASTM E 774-97, Standard
Specification for the Classification of the Durability of Sealed
Insulating Glass Units. The sealing system must be qualified in
accordance with ASTM E 773-97, Standard Test Methods for Accelerated
Weathering of Sealed Insulating Glass Units. Each glass unit must be
permanently identified with the name of the insulating glass
manufacturer.
(e) Certification. All primary windows and sliding glass doors to
be installed in manufactured homes must be certified as complying with
AAMA 1701.2-95. This certification must be based on tests conducted at
the design wind loads specified in Sec. 3280.305(c)(1).
(1) All such windows and doors must show evidence of certification
by affixing a quality certification label to the product in accordance
with ANSI Z34.1-1993, Third-Party Certification Programs for Products,
Processes, and Services.
(2) In determining certifiability of the products, an independent
quality assurance agency shall conduct pre-production specimen tests in
accordance with AAMA 1701.2-95. Further, such agency must inspect the
product manufacturer's facility at least twice per year.
* * * * *
0
14. In Sec. 3280.404, revise paragraph (b) to read as follows:
Sec. 3280.404 Standard for egress windows and devices for use in
manufactured homes.
* * * * *
(b) Performance. Egress windows including auxiliary frame and
seals, if any, shall meet all requirements of AAMA 1701.2-95, Voluntary
Standard Primary Window and Sliding Glass Door for Utilization in
Manufactured Housing and AAMA Standard 1704-1985, Voluntary Standard
Egress Window Systems for Utilization in Manufactured Housing, except
the exterior and interior pressure tests for components and cladding
must be conducted at the design wind loads required by Sec.
3280.305(c)(1).
* * * * *
0
15. In Sec. 3280.405, revise paragraphs (b), (c) and (e) to read as
follows:
Sec. 3280.405 Standard for swinging exterior passage doors for use in
manufactured homes.
* * * * *
(b) Performance requirements. The design and construction of
exterior door units must meet all requirements of AAMA 1702.2-95,
Voluntary Standard Swinging Exterior Passage Door for Utilization in
Manufactured Housing.
(c) Materials and methods. Any material or method of construction
shall conform to the performance requirements as outlined in paragraph
(b) of this section. Plywood shall be exterior type and preservative
treated in accordance with NWWDA I.S.4-81, Water Repellent Preservative
Non-Pressure Treatment for Millwork.
* * * * *
(e) Certification. All swinging exterior doors to be installed in
manufactured homes must be certified as complying with AAMA 1702.2-95,
Voluntary Standard Swinging Exterior Passage Door for Utilization in
Manufactured Housing.
(1) All such doors must show evidence of certification by affixing
a quality certification label to the product in accordance with ANSI
Z34.1-1993, Third Party Certification Programs for Products, Processes,
and Services.
(2) In determining certifiability of the products, an independent
quality assurance agency must conduct a pre-production specimen test in
accordance with AAMA 1702.2-95, Voluntary Standard Swinging Exterior
Passage Door for Utilization in Manufactured Housing.
* * * * *
0
16. In Sec. 3280.406, revise the introductory text in paragraph (b) to
read as follows:
Sec. 3280.406 Air chamber test method for certification and
qualification of formaldehyde emission levels.
* * * * *
(b) Testing. Testing must be conducted in accordance with the
Standard Test Method for Determining Formaldehyde Levels from Wood
Products Under Defined Test Conditions Using a Large Chamber, ASTM E
1333-96, with the following exceptions:
* * * * *
0
17. In Sec. 3280.504, revise paragraph (a)(1) and paragraph (b) to
read as follows:
Sec. 3280.504 Condensation control and installation of vapor
retarders.
(a) Ceiling vapor retarders. (1) In Uo Value Zones 2 and
3, ceilings must have a vapor retarder with a permeance of not greater
than 1 perm (as measured by ASTM E 96-95 Standard Test Methods for
Water Vapor Transmission of Materials) installed on the living space
side of the roof cavity.
* * * * *
(b) Exterior walls. (1) Exterior walls must have a vapor retarder
with a permeance no greater than 1 perm (dry cup method) installed on
the living space side of the wall; or
(2) Unventilated wall cavities must have an external covering and/
or sheathing that forms the pressure envelope. The covering and/or
sheathing must have a combined permeance of not less than 5.0 perms. In
the absence of test data, combined permeance is permitted to be
computed using the following formula: P total = (1/[(1/P1) +
(1/P2)]), where P1 and P2 are the
permeance values of the exterior covering and sheathing in perms.
Formed exterior siding applied in sections with joints not caulked or
sealed, are not considered to restrict water vapor transmission; or
(3) Wall cavities must be constructed so that ventilation is
provided to dissipate any condensation occurring in these cavities; or
[[Page 72047]]
(4) Homes manufactured to be sited in ``humid climates'' or
``fringe climates'' as shown on the Humid and Fringe Climate Map in
this paragraph are permitted to have a vapor retarder specified in
paragraph (b)(1) of this section installed on the exterior side of the
wall insulation or be constructed with an external covering and
sheathing with a combined permeance of not greater than 1.0 perms,
provided the interior finish and interior wall panel materials have a
combined permeance of not less than 5.0 perms. The following need not
meet the minimum combined permeance rating of not less than 5.0 perms
for interior finish or wall panel materials:
(i) Kitchen back splash materials, less than 50 square feet in area
installed around countertops, sinks, and ranges;
(ii) Bathroom tub areas, shower compartments;
(iii) Cabinetry and built-in furniture;
(iv) Trim materials;
(v) Hardboard wall paneling of less than 50 square feet in area
under chair rails.
[GRAPHIC] [TIFF OMITTED] TR30NO05.067
(5) The following areas of local governments (counties or similar
areas, unless otherwise specified), listed by state are deemed to be
within the humid and fringe climate areas shown on the Humid and Fringe
Climate Map in paragraph (b)(4) of this section, and the vapor retarder
or construction methods specified in paragraph (b)(4) of this section
may be applied to homes built to be sited within these jurisdictions:
Alabama
Baldwin, Barbour, Bullock, Butler, Choctaw, Clarke, Coffee,
Conecuh, Covington, Crenshaw, Dale, Escambia, Geneva, Henry, Houston,
Lowndes, Marengo, Mobile, Monroe, Montgomery, Pike, Washington, Wilcox.
Florida
All counties and locations within the State of Florida.
Georgia
Appling, Atkinson, Bacon, Baker, Ben Hill, Berrien, Brantley,
Brooks, Bryan, Calhoun, Camden, Charlton, Chatham, Clay, Clinch,
Coffee, Colquitt, Cook, Crisp, Decatur, Dougherty, Early, Echols,
Effingham, Evans, Glynn, Wayne, Grady, Irwin, Jeff Davis, Lanier, Lee,
Liberty, Long, Lowndes, McIntosh, Miller, Mitchell, Pierce, Quitman,
Randolph, Seminole, Tattnall, Terrell, Thomas, Tift, Turner, Ware,
Worth.
Hawaii
All counties and locations within the State of Hawaii.
Louisiana
All counties and locations within the State of Louisiana.
Mississippi
Adams, Amite, Claiborne, Clarke, Copiah, Covington, Forrest,
Franklin, George, Greene, Hancock, Harrison, Hinds, Issaquena, Jackson,
Jasper, Jefferson, Jefferson Davis, Jones, Lamar, Lawrence, Lincoln,
Pearl River, Perry, Pike, Rankin, Simpson, Smith, Stone, Walthall,
Warren, Wayne, Wilkinson.
North Carolina
Brunswick, Carteret, Columbus, New Hanover, Onslow, Pender.
South Carolina
Jasper, Beaufort, Colleton, Dorchester, Charleston, Berkeley,
Georgetown, Horry.
Texas
Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bexar,
Brazoria, Brazos, Brooks, Burleson, Caldwell, Calhoun, Cameron, Camp,
Cass, Chambers, Cherokee, Colorado, Comal, De Witt, Dimmit, Duval,
Falls, Fayette, Fort Bend, Franklin, Freestone, Frio, Galveston,
Goliad, Gonzales, Gregg, Grimes, Guadalupe, Hardin, Harris, Harrison,
Hays, Henderson, Hidalgo, Hopkins, Houston, Jackson, Jasper, Jefferson,
Jim Hogg, Jim Wells, Karnes, Kaufman, Kennedy, Kinney, Kleberg, La
Salle, Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Madison,
Marion, Matagorda, Maverick, McMullen, Medina, Milam, Montgomery,
Morris, Nacogdoches, Navarro, Newton, Nueces, Orange, Panola, Polk,
Rains, Refugio, Robertson, Rusk, Sabine, San Augustine, San Jacinto,
San Patricio, Shelby, Smith, Starr, Titus, Travis, Trinity, Tyler,
Upshur, Uvalde, Val Verde, Van Zandt, Victoria, Walker, Waller,
Washington, Webb, Wharton, Willacy, Williamson, Wilson, Wood, Zapata,
Zavala.
* * * * *
0
18. In Sec. 3280.508, revise paragraphs (a), (b), and (e) to read as
follows:
[[Page 72048]]
Sec. 3280.508 Heat loss, heat gain, and cooling load calculations.
(a) Information, values and data necessary for heat loss and heat
gain determinations must be taken from the 1997 ASHRAE Handbook of
Fundamentals, Inch-Pound Edition, chapters 22 through 27. The following
portions of those chapters are not applicable:
23.1 Steel Frame Construction
23.2 Masonry Construction
23.3 Foundations and Floor Systems
23.15 Pipes
23.17 Tanks, Vessels, and Equipment
23.18 Refrigerated Rooms and Buildings
24.18 Mechanical and Industrial Systems
25.19 Commercial Building Envelope Leakage
27.9 Calculation of Heat Loss from Crawl Spaces
(b) The calculation of the manufactured home's transmission heat
loss coefficient (Uo) must be in accordance with the fundamental
principles of the 1997 ASHRAE Handbook of Fundamentals, Inch-Pound
Edition, and, at a minimum, must address all the heat loss or heat gain
considerations in a manner consistent with the calculation procedures
provided in the document, Overall U-values and Heating/Cooling Loads--
Manufactured Homes--February 1992-PNL 8006, HUD User No. 0005945.
* * * * *
(e) U values for any glazing (e.g., windows, skylights, and the
glazed portions of any door) must be based on tests using AAMA 1503.1-
1988, Voluntary Test Method for Thermal Transmittance and Condensation
Resistance of Windows, Doors, and Glazed Wall Sections, or the National
Fenestration Rating Council 100, 1997 Edition, Procedure for
Determining Fenestration Product U-factors. In the absence of tests,
manufacturers are to use the residential window U values contained in
Chapter 29, Table 5 of the 1997 ASHRAE Handbook of Fundamentals, Inch-
Pound Edition. In the event that the classification of the window type
is indeterminate, the manufacturer must use the classification that
gives the higher U value. Where a composite of materials from two
different product types is used, the product is to be assigned the
higher U value. For the purpose of calculating Uo values,
storm windows are treated as an additional pane.
* * * * *
0
19. In Sec. 3280.510, add paragraph (d) to read as follows:
Sec. 3280.510 Heat loss certificate.
* * * * *
(d) The following additional statement must be provided on the
heating certificate and data plate required by Sec. 3280.5 when the
home is built with a vapor retarder of not greater than one perm (dry
cup method) on the exterior side of the insulation: ``This home is
designed and constructed to be sited only in humid or fringe climate
regions as shown on the Humid and Fringe Climate Map.'' A reproduction
of the Humid and Fringe Climate Map in Sec. 3280.504 is to be provided
on the heating certificate and data plate. The map must be not less
than 3\1/2\ inch x 2\1/4\ inch in size and may be combined with the
Uo Value Zone Map for Manufactured Housing in Sec.
3280.506.
0
20. In Sec. 3280.604, revise paragraph (b)(2) and the table following
paragraph (b)(2) to read as follows:
Sec. 3280.604 Materials.
* * * * *
(b) * * *
(2) When a plastic material or component is not covered by the
Standards in the following table, it must be certified as non-toxic in
accordance with ANSI/NSF 61-2001, Drinking water system components--
Health effects.
Ferrous Pipe and Fittings
Gray Iron Threaded Fittings--ANSI/ASME B16.4-1992.
Malleable Iron Threaded Fittings--ANSI/ASME B16.3-1992.
Material and Property Standard for Special Cast Iron Fittings--
IAPMO PS 5-84.
Welding and Seamless Wrought Steel Pipe--ANSI/ASME B36.10-1979.
Standard Specification for Pipe, Steel, Black and Hot-Dipped,
Zinc-Coated, Welded and Seamless--ASTM A53-93.
Pipe Threads, General Purpose (Inch)--ANSI/ASME B1.20.1-1983.
Standard Specification for Cast Iron Soil Pipe and Fittings--
ASTM A74-92.
Standard Specification for Hubless Cast Iron Soil Pipe and
Fittings for Sanitary and Storm Drain, Waste, and Vent Piping
Applications--CISPI-301-90.
Nonferrous Pipe and Fittings
Standard Specification for Seamless Copper Pipe, Standard
Sizes--ASTM B42-93.
Standard Specification for General Requirements for Wrought
Seamless Copper and Copper-Alloy Tube--ASTM B251-93.
Standard Specification for Seamless Copper Water Tube--ASTM B88-
93.
Standard Specification for Copper Drainage Tube (DWV)--ASTM
B306-92.
Wrought Copper and Copper Alloy Solder-Joint Pressure Fitting--
ASME/ANSI B16.22-1989.
Wrought Copper and Wrought Copper Alloy Solder-Joint Drainage
Fittings-DWV--ASME/ANSI B16.29-1986.
Cast Copper Alloy Solder-Joint Pressure Fittings--ANSI B16.18-
1984.
Cast Copper Alloy Solder-Joint Drainage Fittings-DWV--ASME
B16.23-1992.
Cast Copper Alloy Fittings for Flared Copper Tubes--ASME/ANSI
B16.26-1988.
Standard Specification for Seamless Red Brass Pipe, Standard
Sizes--ASTM B43-91.
Cast Bronze Threaded Fittings, Classes 125 and 250--ANSI/ASME
B16.15-1985.
Plastic Pipe and Fittings
Standard Specification Acrylonitrile-Butadiene-Styrene (ABS)
Schedule 40 Plastic Drain, Waste, and Vent Pipe and Fittings--ASTM
D2661-91.
Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic
Drain, Waste, and Vent Pipe and Fittings--ASTM D2665-91b.
Standard Specification for Drain, Waste, and Vent (DWV) Plastic
Fittings Patterns--ASTM D3311-92.
Standard Specification for Acrylonitrile-Butadiene-Styrene (ABS)
Schedule 40, Plastic Drain, Waste, and Vent Pipe With a Cellular
Core--ASTM F628-91.
Standard Specification for Chlorinated Poly (Vinyl Chloride)
(CPVC) Plastic Hot- and Cold-Water Distribution Systems--ASTM D2846-
92.
Standard Specification for Polybutylene (PB) Plastic Hot- and
Cold-Water Distribution Systems--ASTM D3309-92a.
Plastic Piping Components and Related Materials--ANSI/NSF 14-
1990.
Miscellaneous
Standard Specification for Rubber Gaskets for Cast Iron Soil
Pipe and Fittings--ASTM C564-88.
Backflow Valves--ANSI A112.14.1-1975.
Plumbing Fixture Setting Compound--TTP 1536A-1975.
Material and Property Standard for Cast Brass and Tubing P-
Traps--IAPMO PS 2-89.
Relief Valves and Automatic Gas Shutoff Devices for Hot Water
Supply Systems--ANSI Z21.22-1986, With Addendum Z21.22a-1990.
Standard Specification for Solvent Cement for Acrylonitrile-
Butadiene-Styrene (ABS) Plastic Pipe and Fittings--ASTM D2235-88.
Standard Specification for Solvent Cements for Poly (Vinyl
Chloride) (PVC) Plastic Piping Systems--ASTM D2564-91a.
Specification for Neoprene Rubber Gaskets for HUB and Spigot
Cast Iron Soil Pipe and Fittings--CISPI-HSN-85.
Plumbing System Components for Manufactured Homes and
Recreational Vehicles--ANSI/NSF 24-1988.
Material and Property Standard for Diversion Tees and Twin Waste
Elbow--IAPMO PS 9-84.
Material and Property Standard for Flexible Metallic Water
Connectors--IAPMO PS 14-89.
Material and Property Standard for Dishwasher Drain Airgaps--
IAPMO PS 23-89.
Material and Property Standards for Backflow Prevention
Assemblies--IAPMO PS 31-91.
Performance Requirements for Air Admittance Valves for Plumbing
Drainage Systems, Fixture and Branch Devices--ASSE
[[Page 72049]]
Standard 1051, 1990 Revised: 1996/ANSI 1998.
Drinking Water System Components-Health Effects--ANSI/NSF 61-
2001.
Plumbing Fixtures
Plumbing Fixtures (General Specifications)--FS WW-P-541E/GEN-
1980.
Vitreous China Plumbing Fixtures--ANSI/ASME A112.19.2(M)-1990.
Enameled Cast Iron Plumbing Fixtures--ANSI/ASME A112.19.1M-1987.
Porcelain Enameled Formed Steel Plumbing Fixtures--ANSI/ASME
A112.19.4(M)-1984.
Plastic Bathtub Units with Addenda Z124.1a-1990 and Z124.16-
1991--ANSI Z124.1-1987.
Standard for Porcelain Enameled Formed Steel Plumbing Fixtures--
IAPMO TSC 22-85.
Plastic Shower Receptors and Shower Stalls with Addendum
Z124.2a-1990--ANSI Z124.2-1987.
Stainless Steel Plumbing Fixtures (Designed for Residential
Use)--ANSI/ASME A112.19.3M-1987.
Material and Property Standard for Drains for Prefabricated and
Precast Showers--IAPMO PS 4-90.
Plastic Lavatories with Addendum Z124.3a-1990--ANSI Z124.3-1986.
Safety Performance Specifications and Methods of Test for Safety
Glazing Materials Used in Building--ANSI Z97.1-1984.
Water Heater Relief Valve Drain Tubes--ASME A112.4.1-1993.
Flexible Water Connectors--ASME A112.18.6-1999.
Performance Requirements for Backflow Protection Devices and
Systems in Plumbing Fixture Fittings--ASME A112.18.3M-1996.
Non-Vitreous Ceramic Plumbing Fixtures--ASME A112.19.9M-1991.
Dual Flush Devices for Water Closets--ASME A119.19.10-1994.
Deck Mounted Bath/Shower Transfer Valves with Integral Backflow
Protection--ASME A112.18.7-1999.
Plastic Fittings for Connecting Water Closets to the Sanitary
Drainage System--ASME A112.4.3-1999.
Hydraulic Performance Requirements for Water Closets and
Urinals, ASME A112.19.6-1995.
Plumbing Fixture Fittings--ASME/ANSI A112.18.1M-1989.
Trim for Water Closet, Bowls, Tanks, and Urinals--ANSI
A112.19.5-1979.
Plastic Water Closets, Bowls, and Tanks with Addenda Z124.4a-
1990--ANSI Z124.4-1986.
ANSI Z124.5, Plastic Toilet (Water Closets) Seats, 1997.
ANSI Z124.7, Prefabricated Plastic Spa Shells, 1997.
Whirlpool Bathtub Appliances--ASME/ANSI A112.19.7M-1987.
ANSI Z-124.9, Plastic Urinal Fixtures, 1994.
Performance Requirements for Individual Thermostatic Pressure
Balancing and Combination Control for Bathing Facilities--ASSE 1016-
1988 (ANSI 1990).
Performance Requirements for Pressurized Flushing Devices
(Flushometers) for Plumbing Fixtures--ASSE 1037-1990 (ANSI-1990).
Performance Requirements for Water Closet Flush Tank Fill Valves
(Ballcocks)--ASSE 1002 Revision 5-1986 (ANSI/ASSE-1979).
Performance Requirements for Hand-held Showers--ASSE 1014-1989
(ANSI-1990).
Hydrants for Utility and Maintenance Use--ANSI/ASME A112.21.3M-
1985.
Performance Requirements for Home Laundry Equipment--ASSE 1007-
1986.
Performance Requirements for Hot Water Dispensers, Household
Storage Type Electrical--ASSE 1023, (ANSI/ASSE-1979).
Plumbing Requirements for Residential Use (Household)
Dishwashers--ASSE 1006, (ASSE/ANSI-1986).
Performance Requirements for Household Food Waste Disposer
Units--ASSE 1008-1986.
Performance Requirements for Temperature Activated Mixing Valves
for Primary Domestic Use--ASSE 1017-1986.
Water Hammer Arresters--ANSI A112.26.1-1969 (R 1975).
Suction Fittings for Use in Swimming Pools, Wading Pools, Spas,
Hot Tubs, and Whirlpool Bathtub Appliances--ASME/ANSI A112.19.8M-
1989.
Air Gaps in Plumbing Systems--ASME A112.1.2-1991.
Performance Requirements for Diverters for Plumbing Faucets with
Hose Spray, Anti-Siphon Type, Residential Applications--ASSE 1025
(ANSI/ASSE-1978).
Performance Requirements for Pipe Applied Atmospheric Type
Vacuum Breakers--ASSE 1001 (ASSE/ANSI-1990).
Performance Requirements for Hose Connection Vacuum Breakers--
ASSE 1011-1981 (ANSI-1982).
Performance Requirements for Wall Hydrants, Frost Proof
Automatic Draining, Anti-Backflow Types--ANSI/ASSE 1019-1978.
0
21. In Sec. 3280.607, add new paragraph (a)(6), redesignate paragraphs
(b)(2)(iii) through (v) as paragraphs (b)(2)(iv) through (vi),
respectively, add new paragraph (b)(2)(iii), and revise paragraph
(c)(6)(iv) to read as follows:
Sec. 3280.607 Plumbing fixtures.
(a) * * *
(6) Water conservation. All lavatory faucets, showerheads, and sink
faucets must not exceed a flow of 2.5 gallons per minute (gpm).
(b) * * *
(2) * * *
(iii) All water closets must be low consumption (1.6 gallons per
flush (gpf)) closets.
* * * * *
(c) * * *
(6) * * *
(iv) Electrical. Wiring must comply with the National Electrical
Code NFPA 70-1996, Section 680G.
0
22. In Sec. 3280.703, revise the table following the introductory text
to read as follows:
Sec. 3280.703 Minimum standards.
* * * * *
Appliances
Heating and Cooling Equipment, Second Edition, with 1999
revisions--UL 1995, 1995.
Liquid Fuel-Burning Heating Appliances for Manufactured Homes
and Recreational Vehicles, Seventh Edition, with 1997 revisions--UL
307A-1995.
Fixed and Location-Dedicated Electric Room Heaters, Second
Edition, with 1998 revisions--UL 2021-1997.
Electric Baseboard Heating Equipment, Fourth Edition, with 1998
revisions--UL 1042-1994.
Electric Central Air Heating Equipment--UL 1096-Fourth Edition-
1986 with revisions July 16, 1986, and January 30, 1988.
Gas Burning Heating Appliances for Manufactured Homes and
Recreational Vehicles, Fourth Edition, with 1998 revisions--UL 307B-
1995.
Gas Clothes Dryers Volume 1, Type 1 Clothes Dryers--ANSI
Z21.5.1-/CSA 7.1-M99--1999 with Addendum Z21.5.1a-1999.
Gas Fired Absorption Summer Air Conditioning Appliances--ANSI
Z21.40.1/CGA 2.91-M961996.
Gas-Fired Central Furnaces (Except Direct Vent System Central
Furnaces)--ANSI Z21.47-1990 with Addendum Z21.47a-1990 and Z21.47b-
1992.
Household Cooking Gas Appliances--ANSI Z21.1-2000.
Refrigerators Using Gas Fuel--ANSI Z21.19-1990, with Addendum
ANSI Z21.19a-1992 and Z21.19b-1995.
Gas Water Heaters--Volume 1, Storage Water Heaters with Input
Ratings of 75,000 BTU per hour or Less--ANSI Z21.10.1-1998 with
Addendum Z21.10.1a-2000.
Household Electric Storage Tank Water Heaters, Tenth Edition--UL
174-1996, with 1997 revisions.
Ferrous Pipe and Fittings
Standard Specification for Pipe, Steel, Black and Hot-Dipped,
Zinc-Coated, Welded and Seamless--ASTM A53-93.
Standard Specification for Electric-Resistance-Welded Coiled
Steel Tubing for Gas and Fuel Oil Lines--ASTM A539-1999.
Pipe Threads, General Purpose (Inch)--ANSI/ASME B1.20.1-1983.
Welding and Seamless Wrought Steel Pipe--ANSI/ASME B36.10-1979.
Nonferrous Pipe, Tubing, and Fittings
Standard Specification for Seamless Copper Water Tube--ASTM B88-
93.
Standard Specification for Seamless Copper Tube for Air
Conditioning and Refrigeration Field Service--ASTM B280, A-95.
Connectors for Gas Appliances--ANSI Z21.24/CGA 6.10-M97-1997.
Manually Operated Gas Valves for Appliances, Appliance Connector
Valves and Hose End Valves--ANSI Z21.15/CGA 9.1-M97-1997.
Standard for Gas Supply Connectors for Manufactured Homes--IAPMO
TSC 9-1997.
Standard Specification for General Requirements for Wrought
Seamless Copper and Copper-Alloy Tubes--ASTM B251-93.
[[Page 72050]]
Standard Specification for Seamless Copper Pipe, Standard
Sizes--ASTM B42-93.
Miscellaneous
Factory-Made Air Ducts and Connectors, Ninth Edition--UL 181,
1996 with 1998 revisions.
Standard for Safety Closure Systems for use with Rigid Air Ducts
and Air Connectors, UL 181A, 1994, with 1998 revisions.
Standard for Safety Closure Systems for use with Flexible Air
Ducts and Air Connectors, First Edition--UL 181B, 1995, with 1998
revisions.
Tube Fittings for Flammable and Combustible Fluids,
Refrigeration Service, and Marine Use, Sixth Edition--UL 109-1997,
with 2001 revisions.
Pigtails and Flexible Hose Connectors for LP-Gas, Seventh
Edition--UL 569, 1995 with 2001 revisions.
Roof Jacks for Manufactured Homes and Recreational Vehicles,
Eighth Edition--UL 311, 1994, with 1998 revisions.
Relief Valves and Automatic Gas Shutoff Devices for Hot Water
Supply Systems--ANSI Z21.22/CSA 4.4-M99, 1999.
Automatic Gas Ignition Systems and Components--ANSI Z21.20 with
Addendum Z21.20a-2000.
Automatic Valves for Gas Appliances--ANSI Z21.21/CSA 6.5-2000.
Gas Appliance Thermostats--ANSI Z21.23-1989, with Addendum
Z21.23a-1991.
Gas Vents, Ninth Edition--UL 441, 1996 with 1999 revisions.
Standard for the Installation of Oil-Burning Equipment, NFPA 31,
1997 Edition.
National Fuel Gas Code--NFPA 54-2002/ANSI Z223.1-2002.
Warm Air Heating and Air Conditioning Systems, NFPA 90B, 1996
Edition.
Liquefied Petroleum Gas Code, NFPA 58-2001 Edition.
Flares for Tubing--SAE-J533b-1992.
Factory-Built Chimneys for Residential Type and Building Heating
Appliances, Ninth Edition--UL 103, 1995, with 1999 revisions.
Factory-Built Fireplaces, Seventh Edition--UL 127-1996, with
1999 revisions.
Solid-Fuel Type Room Heaters, Fifth Edition--UL 1482, 1995, with
2000 revisions.
Fireplace Stoves, Eight Edition, with 2000 revisions--UL 737,
1996.
Unitary Air-Conditioning and Air-Source Heat Pump Equipment--
ANSI/ARI 210/240-89.
AGA Requirements for Gas Connectors for Connection of Fixed
Appliances for Outdoor Installation, Park Trailers, and Manufactured
(Mobile) Homes to the Gas Supply--No. 3-87.
0
23. In Sec. 3280.704, revise paragraph (b)(5)(i) to read as follows:
Sec. 3280.704 Fuel supply systems.
* * * * *
(b) * * *
(5) LP-gas safety devices. (i) DOT containers must be provided with
safety relief devices as required by the regulation of the U.S.
Department of Transportation. ASME containers must be provided with
relief valves in accordance with subsection 2.3.2 of NFPA 58-2001,
Standard for the Storage and Handling Liquefied Petroleum Gases. Safety
relief valves must have direct communication with the vapor space of
the vessel.
* * * * *
0
24. In Sec. 3280.705, revise paragraphs (b)(3), (b)(4), (c)(2),
(l)(1), (l)(2)(ii), and (l)(3) to read as follows:
Sec. 3280.705 Gas piping systems.
* * * * *
(b) * * *
(3) Copper tubing must be annealed type, Grade K or L, conforming
to the Standard Specification for Seamless Copper Water Tube, ASTM B88-
93, or must comply with the Standard Specification for Seamless Copper
Tube for Air Conditioning and Refrigeration Service, ASTM B280-1995.
Copper tubing must be internally tinned.
(4) Steel tubing must have a minimum wall thickness of 0.032 inch
for tubing of \1/2\ inch diameter and smaller and 0.049 inch for
diameters \1/2\ inch and larger. Steel tubing must be in accordance
with ASTM Standard Specification for Electric-Resistance-Welded Coiled
Steel Tubing for Gas and Fuel Oil Lines, ASTM A539-1999, and must be
externally corrosion protected.
(c) * * *
(2) The connection(s) between units must be made with a
connector(s) listed for exterior use or direct plumbing sized in
accordance with Sec. 3280.705(d). A shutoff valve of the non-
displaceable rotor type conforming to ANSI Z21.15-1997, Manually
Operated Gas Valves for Appliances, Appliances Connector Valves, and
Hose End Valves, suitable for outdoor use must be installed at each
crossover point upstream of the connection.
* * * * *
(l) * * *
(1) A listed LP-Gas flexible connection conforming to UL 569-1995,
Pigtails and Flexible Hose Connectors for LP Gas, or equal must be
supplied when LP-Gas cylinders(s) and regulator(s) are supplied.
(2) * * *
(ii) The outlet must be provided with an approved quick-disconnect
device, which must be designed to provide a positive seal on the supply
side of the gas system when the appliance is disconnected. A shutoff
valve of the non-displaceable rotor type conforming to ANSI Z21.15-
1997, Manually Operated Gas Valves, must be installed immediately
upstream of the quick-disconnect device. The complete device must be
provided as part of the original installation.
* * * * *
(3) Valves. A shutoff valve must be installed in the fuel piping at
each appliance inside the manufactured home structure, upstream of the
union or connector in addition to any valve on the appliance and so
arranged to be accessible to permit servicing of the appliance and
removal of its components. The shutoff valve must be located within 6
feet of any cooking appliance and within 3 feet of any other appliance.
A shutoff valve may serve more than one appliance if located as
required by this paragraph (3). The shutoff valve must be of the non-
displaceable rotor type and conform to ANSI Z21.15-1997, Manually
Operated Gas Valves.
* * * * *
0
25. In Sec. 3280.706, revise paragraph (b)(3) to read as follows:
Sec. 3280.706 Oil piping systems.
* * * * *
(b) * * *
(3) Copper tubing must be annealed type, Grade K or L conforming to
the Standard Specification for Seamless Copper Water Tube, ASTM B88-93,
or shall comply with ASTM B280-1995, Standard Specification for
Seamless Copper Tube for Air Conditioning and Refrigeration Field
Service.
* * * * *
0
26. In Sec. 3280.707, revise paragraph (f) to read as follows:
Sec. 3280.707 Heat producing appliances.
* * * * *
(f) Oil-fired heating equipment. All oil-fired heating equipment
must conform to Liquid Fuel-burning Heating Appliances for Manufactured
Homes and Recreational Vehicles, UL 307A--1995, with 1997 revisions,
and be installed in accordance with Standard for the Installation of
Oil Burning Equipment, NFPA 31-1997. Regardless of the requirements of
the above-referenced standards, or any other standards referenced in
this part, the following are not required:
(1) External switches or remote controls which shut off the burner
or the flow of oil to the burner, or
(2) An emergency disconnect switch to interrupt electric power to
the equipment under conditions of excessive temperature.
0
27. In Sec. 3280.709, add paragraph (h) to read as follows:
Sec. 3280.709 Installation of appliances.
* * * * *
(h) A corrosion resistant water drip collection and drain pan must
be
[[Page 72051]]
installed under each water heater that will allow water leaking from
the water heater to drain to the exterior of the manufactured home, or
to a drain.
0
28. In Sec. 3280.714, revise paragraph (a)(2) to read as follows:
Sec. 3280.714 Appliance cooling.
(a) * * *
(2) Gas fired absorption air conditioners must be listed or
certified in accordance with ANSI Z21.40.1-1996, Gas Fired, Heat
Activated, Air Conditioning and Heat Pump Appliances, and certified by
a nationally recognized testing agency capable of providing follow-up
service.
* * * * *
0
29. In Sec. 3280.715, revise paragraph (c), the introductory text of
paragraph (e), and paragraph (e)(1) to read as follows:
Sec. 3280.715 Circulating air systems.
* * * * *
(c) Joints and seams. Joints and seams of sheet metal and factory-
made flexible ducts, including trunks, branches, risers, crossover
ducts, and crossover duct plenums, shall be mechanically secured and
made substantially airtight. Slip joints in sheet metal ducts shall
have a lap of at least one inch and shall be mechanically fastened.
Tapes or caulking compounds shall be permitted to be used for sealing
mechanically secure joints. Sealants and tapes shall be applied only to
surfaces that are dry and dust-, dirt-, oil-, and grease-free. Tapes
and mastic closure systems for use with factory-made rigid fiberglass
air ducts and air connectors shall be listed in accordance with UL
Standard 181A-1994, with 1998 revisions. Tapes and mastic closure
systems used with factory-made flexible air ducts and air connectors
shall be listed in accordance with UL Standard 181B-1995, with 1998
revisions.
* * * * *
(e) Registers and grilles. Fittings connecting the registers and
grilles to the duct system must be constructed of metal or material
that complies with the requirements of Class 1 or 2 ducts under UL 181-
1996 with 1998 revisions, Factory Made Air Ducts and Connectors. Air
supply terminal devices (registers) when installed in kitchen,
bedrooms, and bathrooms must be equipped with adjustable closeable
dampers. Registers or grilles must be constructed of metal or conform
with the following:
(1) Be made of a material classified 94V-0 or 94V-1, when tested as
described in UL 94-1996, with 2001 revisions, Test for Flammability of
Plastic Materials for Parts in Devices and Appliances, Fifth Edition;
and
* * * * *
0
30. In Sec. 3280.801, revise paragraphs (a) and (b) to read as
follows:
Sec. 3280.801 Scope.
(a) Subpart I of these Standards and part B of Article 550 of the
National Electrical Code (NFPA No. 70-2005) cover the electrical
conductors and equipment installed within or on manufactured homes and
the conductors that connect manufactured homes to a supply of
electricity.
(b) In addition to the requirements of this Standard and Article
550 of the National Electrical Code, NFPA No. 70-2005, the applicable
portions of other Articles of the National Electrical Code must be
followed for electrical installations in manufactured homes. The use of
arc-fault breakers under Articles 210.12(A) and (B), 440.65, and
550.25(A) and (B) of the National Electrical Code, NFPA No. 70-2005 is
not required. However, if arc-fault breakers are provided, such use
must be in accordance with the National Electrical Code, NFPA No. 70-
2005. Wherever the requirements of this standard differ from the
National Electrical Code, these standards apply.
* * * * *
0
31. In Sec. 3280.803, redesignate the receptacle/cap illustration and
caption that follows paragraph (g) to the end of paragraph (f), and
revise the redesignated caption following the redesignated
illustration, paragraph (k)(1), the introductory text of paragraph
(k)(3), and paragraphs (k)(3)(ii) and (k)(3)(iii) to read as follows:
Sec. 3280.803 Power supply.
* * * * *
(f) * * *
50-ampere 125/250 volt receptacle and attachment-plug-cap
configurations, 3 pole, 4-wire grounding types used for manufactured
home supply cords and manufactured home parks. Complete details of the
50-ampere cap and receptacle can be found in the American National
Standard Dimensions of Caps, Plugs, and Receptacles, Grounding Type
(ANSI/NEMA--WD-6-1997-Wiring Devices-Dimensional Specifications).
* * * * *
(k) * * *
(1) One mast weatherhead installation installed in accordance with
Article 230 of the National Electrical Code, NFPA No. 70-2005,
containing four continuous insulated, color-coded, feeder conductors,
one of which shall be an equipment grounding conductor; or
* * * * *
(3) Service equipment installed on the manufactured home in
accordance with Article 230 of the National Electrical Code, NFPA No.
70-2005, and the following requirements:
* * * * *
(ii) Exterior equipment, or the enclosure in which it is installed
must be weatherproof and installed in accordance with Article 312.2(A)
of the National Electrical Code, NFPA No. 70-2005, and conductors must
be suitable for use in wet locations;
(iii) Each neutral conductor must be connected to the system
grounding conductor on the supply side of the main disconnect in
accordance with Articles 250.24, 250.26, and 250.28 of the National
Electrical Code, NFPA No. 70-2005.
* * * * *
0
32. In Sec. 3280.804, revise paragraph (a) and the first sentence of
paragraph (k) to read as follows:
Sec. 3280.804 Disconnecting means and branch-circuit protective
equipment.
(a) The branch-circuit equipment is permitted to be combined with
the disconnecting means as a single assembly. Such a combination is
permitted to be designated as a distribution panelboard. If a fused
distribution panelboard is used, the maximum fuse size of the mains
must be plainly marked with lettering at least \1/4\-inch high and that
is visible when fuses are changed. (See Article 110.22 of NFPA 70-2005,
National Electrical Code, concerning identification of each
disconnecting means and each service, feeder, or branch circuit at the
point where it originated and the type marking needed.)
* * * * *
(k) When a home is provided with installed service equipment, a
single disconnecting means for disconnecting the branch circuit
conductors from the service entrance conductors must be provided in
accordance with Article 230, Part VI of the National Electrical Code,
NFPA No. 70-2005. * * *
* * * * *
0
33. In Sec. 3280.805, revise paragraph (a)(3)(iv) to read as follows:
Sec. 3280.805 Branch circuits required.
(a) * * *
(3) * * *
(iv) The rating of the range branch circuit is based on the range
demand as specified for ranges in Sec. 3280.811(a)(5). For central air
conditioning, see Article 440 of the National Electrical Code, NFPA No.
70-2005.
* * * * *
[[Page 72052]]
0
34. In Sec. 3280.806, revise paragraph (a)(2) and paragraph (d)(9) to
read as follows:
Sec. 3280.806 Receptacle outlets.
(a) * * *
(2) Installed according to Article 406.3 of the National Electrical
Code, NFPA No. 70-2005.
* * * * *
(d) * * *
(9) At least one wall receptacle outlet shall be installed in
bathrooms within 36 inches (914 mm) of the outside edge of each basin.
The receptacle outlet must be located on a wall that is adjacent to the
basin location. This receptacle is in addition to any receptacle that
is part of a lighting fixture or appliance. The receptacle must not be
enclosed within a bathroom cabinet or vanity.
* * * * *
0
35. In Sec. 3280.807, revise paragraph (c) to read as follows:
Sec. 3280.807 Fixtures and appliances.
* * * * *
(c) If a lighting fixture is provided over a bathtub or in a shower
stall, it must be of the enclosed and gasketed type, and be listed for
use in wet locations. See also Article 410.4(D) of the National
Electrical Code, NFPA No. 70-2005.
* * * * *
0
36. In Sec. 3280.808, revise paragraphs (a), (m), (o), and (q), remove
paragraph (r), and re-designate paragraph (s) as paragraph (r), to read
as follows:
Sec. 3280.808 Wiring methods and materials.
(a) Except as specifically permitted by this part, the wiring
methods and materials specified in the National Electrical Code, NFPA
No. 70-2005, must be used in manufactured homes.
* * * * *
(m) Outlet boxes of dimensions less than those required in Table
314.16(A) of the National Electrical Code, NFPA No. 70-2005, are
permitted provided the box has been tested and approved for that
purpose.
* * * * *
(o) Outlet boxes must fit closely to openings in combustible walls
and ceilings and must be flush with the finish surface or project
therefrom. In walls and ceilings of noncombustible material, outlet
boxes and fittings must be installed so that the front edge of the box
or fitting will not be set back from the finished surface more than \1/
4\ inch. Plaster, drywall, or plasterboard surfaces that are broken or
incomplete must be repaired so that there will be no gaps or open
spaces greater than \1/8\ inch at the edge of the box or fitting.
* * * * *
(q) A substantial brace for securing a box, fitting, or cabinet
must be as described in the National Electrical Code, NFPA 70-2005,
Article 314.23(B), or the brace, including the fastening mechanism to
attach the brace to the home structure, must withstand a force of 50
lbs. applied to the brace at the intended point(s) of attachment for
the box in a direction perpendicular to the surface on which the box is
installed.
* * * * *
0
37. In Sec. 3280.811, revise the introductory text of paragraph (b) to
read as follows:
Sec. 3280.811 Calculations.
* * * * *
(b) The following is an optional method of calculation for lighting
and appliance loads for manufactured homes served by single 3-wire 120/
240 volt set of feeder conductors with an ampacity of 100 or greater.
The total load for determining the feeder ampacity may be computed in
accordance with the following table instead of the method previously
specified. Feeder conductors whose demand load is determined by this
optional calculation are permitted to have the neutral load determined
by Article 220.61 of the National Electrical Code, NFPA No. 70-2005.
The loads identified in the table as ``other load'' and as ``Remainder
of other load'' must include the following:
* * * * *
Dated: November 22, 2005.
Brian D. Montgomery,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 05-23387 Filed 11-23-05; 12:30 pm]
BILLING CODE 4210-27-P