The changes to this standard were already implemented with the On-Site Completion of Construction Rule and these changes are conforming. Another commenter believed keeping the stopping distance at 40 feet is consistent with DOT regulations. NFPA 720. In 3282.14, revise paragraph (a) introductory text to read as follows: (a) Policy. better and aid in comparing the online edition to the print edition. 39. A commenter stated that high winds caused by tornadoes and hurricanes have caused significant damage to manufactured housing units, as compared to site-built houses, as evidenced by the Federal Emergency Management Agency (FEMA) in multiple post-disaster assessment reports. Uncompressed finished flooring greater than 1/8 inch in thickness must not extend beneath load-bearing walls that are fastened to the floor structure. PDF Accessory Dwelling Units: Case Study - HUD User When the manufacturer supplies the clothes dryer, the exhaust duct and termination fittings must be completely installed by the manufacturer. In 3285.5, add alphabetically the definition for Attached accessory building or structure to read as follows: Attached accessory building or structure means any awning, cabana, deck, ramada, storage cabinet, carport, windbreak, garage, or porch for which the attachment of such is designed by the home manufacturer to be structurally supported by the manufactured home. Through this rulemaking, HUD is codifying requirements previously set forth through Alternative Construction requirements; thereby, accounting for consumer safety. Comment: HUD should not provide competitive advantage to any housing type. The commenter concluded that HUD should reject these changes. electronic version on GPOs govinfo.gov. This table of contents is a navigational tool, processed from the In accordance with the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number. It is the IPIA's responsibility to ensure the effectiveness of the quality assurance manuals. and Safety Standards Act of 1974 (the Act), HUD issued the Federal Manufactured Home Construction and Safety Standards (the Standards), 24 CFR 3280. SAFMRs are intended to result in payment standards that align more closely with local rental costs, particularly in higher-cost areas. (2) ANSI/ASHRAE 62.2-2010, Ventilation and Acceptable Indoor Air Quality in Low-Rise Residential Buildings, copyright 2010 IBR approved for 3280.103(d). (b) The design must specify the following home and garage characteristics including maximum width, maximum sidewall height, maximum roof slope, live and dead loads, and other design limitations or restrictions using loads provided by this Code. The same or similar documentation would continue to be required pursuant to the requirement for manufacturers to provide installation instructions in accordance with 24 CFR 3280.306(b) and 24 CFR 3285.2. Upon review of public comment, HUD added that Primary Inspection Agencies may also witness and certify road tests. It is HUD's position that this proposed rule would not have a significant economic impact on a substantial number of small entities. HUD Response: HUD's minimum requirements established for attached homes (i.e., zero lot line) and multi-story homes do not change the definition of a manufactured home or impact the requirement that every transportable section of a manufactured home bear a manufacturer's certification label. On January 12, 2021 (FR Doc. HUD modified this section to address other comments received including removing any references to installation activities. However, HUD disagreed that the manufacturer would not be required to provide installation instructions that reflect the added weight and wind load that an added structure would impose on the home's foundation. The commenters proposed significant changes to HUD's proposed regulatory text. Landings must be located as follows: (1) There must be a floor or landing at the top and bottom of each stairway, except at the top of an interior flight of basement stairs, provided a door does not swing over the stairs. 4332(2)(C)). The proposed rule provides no requirements that attached manufactured homes be manufactured by the same manufacturer or installed at the same time. All handrails must be able to resist a single concentrated load of 200 lbs., applied in any direction at any point along the top, and have attachment devices and supporting structures to transfer this loading to appropriate structural elements of the building. While HUD did not revise this section in the proposed rule, a public commenter recommended that combination smoke and carbon monoxide alarms be added as acceptable devices to parallel the International Residential Code (IRC). One commenter recommended that the testing laboratory be accredited to ISO/IEC 17025 or 17020. HUD Response: HUD is currently implementing Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents,[5] The "National Manufactured Housing Construction and Safety Standards Act of 1974" became federal law on June 15, 1976, and provided the framework of what we now know as the HUD Code, a national building code for manufactured/mobile homes. The illumination of exterior stairways must be controlled from inside the home. In 3280.113, redesignate paragraphs (b), (c), and (d) as paragraphs (c), (d), and (e), respectively, and add paragraph (b) to read as follows: (b) Required glazed openings shall be permitted to face into a roofed porch where the porch abuts a street, yard, or court and the longer side of the porch is at least 65 percent open and unobstructed and the ceiling height is not less than 7 feet. provide legal notice to the public or judicial notice to the courts. 3. Add-on or accessory buildings or structures are not built on a permanent chassis. c. In the introductory text to paragraph (p), remove the words American Society for Testing and Materials and add, in their place, ASTM, International; d. Redesignate paragraphs (p)(27) through (34) as paragraphs (p)(28) through (35), respectively, and add new paragraph (p)(27); e. Redesignate paragraphs (aa)(4)(xvi) through (xix) as paragraphs (aa)(4)(xvii) through (xx), respectively, and add new paragraph (aa)(4)(xvi); and, g. In paragraph (hh)(9), remove 3280.208(a) and add, in its place, 3280.208(a) and 3280.211(a); and. Further, it is the manufacturers' responsibility to ensure that each home is provided with installation instructions and associated documentation as approved by its DAPIA. These suggestions should be put forth for MHCC review and consideration, as it is not appropriate for HUD to integrate these changes at the final rule stage.Start Printed Page 2509. Two commenters stated that in paragraph (b)(1), the manufacturer's Production Inspection Primary Inspection Agency should be added to the list of independent third parties who can witness and certify the road test, and included regulatory text changes. Please feel free to email us with your comments or questions. HUD Response: HUD reviewed and generally agreed with the comments and addressed the protections to residents by accepting comments regarding relief pipe turndowns. To be eligible for a certificate, a manufacturer must meet . As the MHCC proceeded, proposed revisions to the Construction and Safety Standards were divided into sets. Suitability of the transportation system and home structure to withstand the effects of transportation must be permitted to be determined by testing, or engineering analysis, or a combination of the two as required by paragraphs (b)(1) and (2) of this section. In addition to some language and grammatical changes, HUD added a Start Printed Page 2498requirement to check weights with the home in a level position ready for transport in paragraph (b)(4)(ii), an explicit reference to the Department of Transportation's regulations at 49 CFR 393.52(d) in paragraph (b)(9)(ii) regarding stopping distance, and textual changes to paragraph (b)(9)(iii) regarding electrical brake wiring. These areas may include locations within Opportunity Zones. The commenters also urged HUD to move forward with subsequent proposals to update the Federal Construction and Safety Standards that have been considered and recommended by the Consensus Committeeyet have not been acted upon by the Department. PDF Inspection Checklist OMB /3 - HUD.gov The coupling must be equipped with a manually operated mechanism so adapted as to prevent disengagement of the unit while in operation. (f) Basement applications. As an alternative, the commenter recommended that HUD introduce a minimum standard for illumination. Such sets of updates include several critical industry recommendations such as roll-in showers and tankless water heaters within the Standards. (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. A commenter stated that the term basic manufactured home is not defined and pre-supposing that there is such a thing as a non-basic manufactured home. If this is the case, HUD should clearly indicate what they mean by these terms and how the construction and safety standards would apply. Several commenters stated that HUD should clarify whether the requirements apply to stairs inside, or inside and outside, the home or commented on whether the requirements should apply to these different sets of stairs. For interior stairs, the artificial light sources must be capable of illuminating treads and landings to levels not less than one (1) foot-candle measured at the center of treads and landings. . Through incorporation into the Construction and Safety Standards, HUD relieves local officials from conducting additional inspections and potential re-work post installation to comply with local requirements. To alter the language to function after set-up now establishes a time frame on how long chassis have to last and many manufactured homes will no longer be transportable which is required under 3280.2. 1. OCC. The drawbar must be constructed of sufficient strength, rigidity, and durability to safely withstand those dynamic forces experienced during highway transportation. Some commenters noted the importance of inspection but stated that it is unclear who is to perform on-site inspections and testing related to paragraph (a)(1)(ii). (3) Stair treads and risers(i) Riser height and tread depth. This load is not required to be assumed to act concurrently with the loads specified in this section. HUD has also modified the requirement that 1 hour fire-resistive rating be based on testing in accordance with ASTM E 119-05, without including language stating with exposure from both sides on each attached manufactured home unit. HUD has not integrated substantive changes to include new exceptions and HUD has not accepted substantive changes to fire separation penetrations. 1 (42 U.S.C. The revisions and additions to read as follows: (c) To assure uniform heat transmission in manufactured homes, cavities in exterior walls, floors, and ceilings must be provided with thermal insulation. The final rule will revise certain sections of the Construction and Safety Standards, as well as the incorporated reference standards where indicated. HUD Response: HUD reviewed comments that include specific text changes and has integrated those comments to the maximum extent deemed necessary to effect the appropriate changes. HUD Response: HUD reviewed comments that included specific text changes and integrated those comments to the maximum extent deemed necessary to effect the appropriate changes. . (definition of Attached manufactured home at 3280.1002). Preparation of a submission package for the AC request, including all designs, calculations, and tests to be sent to HUD for approval; 4. HUD expects to make changes to the existing recordkeeping items consistent with changes in this final rule and believes that the changes will result in a decrease of burden. The number and type of fasteners used must be capable of transferring all forces between elements being joined. 17. (3) Electrical polarity checks to determine that connections have been made in accordance with applicable provisions of these standards and Article 550.17 of NFPA 70-2005 (incorporated by reference, see 3280.4). One commenter added that this would allow HUD to focus resources on program oversight and/or research for technical advancements. Further, by proper pre-cambering of the chassis assembly, additional loading may be distributed to the chassis, and the remaining loading may be distributed to each of the load carrying members by the relative stiffness principle. All manufactured housing should have CO alarms and not just those with fuel-fired appliances, designed for installing attached garages, or designed for installation over basements. Two commenters proposed changes to HUD's regulatory text. It is not appropriate for HUD to integrate these changes at the final rule stage. The continuous handrail required by paragraph (c)(3) of this section must be located on the side where the tread is narrower. The authority citation for part 3282 is revised to read as follows: Authority: The radius of curvature at the leading edge of the tread must not be greater than 9/16 inch. Several commenters supported adding two-family, or two- and three-family, dwelling units to Subpart K. These commenters supported duplexes and triplexes as more practical and affordable solutions in urban and suburban applications because of, for example, zoning restrictions. Federal Register :: Manufactured Home Construction and Safety Standards The Federal Register Proposed Rule Manufactured Home Construction and Safety Standards A Proposed Rule by the Housing and Urban Development Department on 01/31/2020 Document Details Printed version: PDF Publication Date: 01/31/2020 Agency: ft. Park Model RVs are also subject to onsite home installation inspections [F.S.A. for manufactured home installation, the creation of a federal installation oversight program, mandated updates to the HUD code to enforce construction and safety standards for factory built manufactured homes to address items such as structural design, wind force resistance, additional loads requirements that are in accordance Start Printed Page 2522The water used for the test must be obtained from a potable water source. HUD accepted changes to wording regarding fire separation walls but has not accepted the use of exceptions. The proposed rule cites no legal authority for this postponement, nor is HUD's proposed action one of the three outcomes permitted by the statutory text:[11] One commenter stated that, 3280.114(a)(2)(i), 7 risers and 10 treads would cause stairway openings to be larger to the point where some floor plans would no longer accommodate a stairway. UL 217. 42 U.S.C. One commenter stated that the proposed requirements under 3820.504(b) and .506(c) are not needed, and HUD should delete them. All manufactured homes manufactured on or after April 1, 2007 and installed in Wisconsin shall be installed in conformance with the provisions set forth in this manual. Rather, authority to regulate these structures rests with state and local authorities and their building code requirements and inspection protocols. In 3280.904, revise paragraphs (a), (b)(1) through (6) and (8) through (10) to read as follows: (a) General. These commenters may not understand that the subject standards apply to the (fire) walls separating attached manufactured homes; rather than, mating walls between two sections of the same manufactured home. Maintaining and providing copies of AC-specific production reports, inspection reports, and other administrative burdens required to maintain the AC approval. HUD also added proposals that complement the MHCC's recommendations. In fact, HUD's final rule is based primarily on the MHCC's recommendations and integrates some aspects of specific AC letters that have been issued in the past. However, fire separation walls, which separate attached single-family homes, should be classified as exterior walls because they act as a health-safety barrier between distinct residential dwellings. This standard is primarily concerned with life safety, not with protection of property. This standard is available online for review via read-only, electronic access at http://ibr.ansi.org/Standards/. Where more than one carbon monoxide alarm is required to be installed, the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all the alarms installed. Some commenters noted that, as written, the proposal would conflict with existing state and local requirements and require manufactured home communities to replace existing inventory of prefabricated landings and stairs. Remove below and add in the table to this paragraph (b) in its place; and. The additional loads are in accordance with the design load(s) identified on this Data Plate; or This manufactured home IS NOT designed to accommodate the additional loads imposed by the attachment of an attached accessory building or structure in accordance with the manufacturer installation instructions. The appropriate designation may be made while still setting forth information that may be used by state and local authorities that have enforcement authority for site-built structures that are not integral to the manufactured home produced and shipped by the manufactured home manufacturer. Provides an option to ventilation requirements established at 3280.103(b) and (c). Another commenter, while expressing general support for HUD's proposed changes, questioned HUD's focus on adopting standards for multi-story manufactured homes and attached manufactured homes, while MHCC recommended standards for multi-family manufactured homes are not included in the proposed rule and have yet to be proposed for adoption. According to the commenter, states and local municipalities establish stair geometry to which first responders are already accustomed, and to require smaller riser heights and larger treads may create a hazard. Handrails must be continuously graspable along their entire length except that brackets or balusters are not considered obstructions to graspability if they do not project horizontally beyond the sides of the handrail within 11/2 inches of the bottom of the handrail. These commenters stated that the proposed changes would benefit homeowners and the broader community, promote or improve consumer and home safety, allow use of the latest building technologies and materials, create more consistency with State-adopted residential building codes for site-built housing, expand consumer amenity options (including attached garages, carports, decks and accessory buildings), help to include two-story and multifamily guidelines, and eliminate regulations that impede broad access to affordable housing. Another commenter stated that the manufacturer should be required to identify the maximum loads applied to the floor system, wall system, roof system and support system. a. Redesignate paragraphs (a), (b), and (c) as paragraphs (b), (c), and (d), respectively; b. The chassis, in conjunction with the manufactured home structure, must be constructed to effectively sustain the design loads. (i)(A) The summation of the design loads in paragraphs (b)(2)(i)(A)(1) through (3) of this section may be used to determine the adequacy of the chassis in conjunction with the manufactured home structure to resist in-transit loading: (1) Dead load, the vertical load due to the weight of all structural and non-structural components of the manufactured home at the time of shipment. Further, HUD conducted limited monitoring of procedures and approvals related to On Site Completion of Construction and has not concluded any adverse or significant findings. Combination carbon monoxide and smoke alarms shall be permitted to be used in lieu of carbon monoxide alarms. One commenter noted that HUD's current policy, to not require the IPIA to inspect documents shipped with the manufactured home (under Interpretive Bulletin H-1-77), conflicts with proposed paragraph (g)there is no assurance that the manufacturer would be including these additional instructions. (xvi) Article 550.17, IBR approved for 3280.810(b). Edges must have a minimum 1/8-inch radius. Through the language on the Date Plate, HUD is trying to provide information to the Start Printed Page 2501consumers, retailers, installers, and local authorities about the design and construction of the home that may help prevent a home from being taken out of compliance when an attached accessory building or structure is built and added on at the home site. (6) Bottom board material (with or without patches) must meet or exceed the level of 48 inch-pounds of puncture resistance as tested by the Beach Puncture Test in accordance with Standard Test Methods for Puncture and Stiffness of Paperboard, and Corrugated and Solid Fiberboard, ASTM D781-1968 (Reapproved 1973) (incorporated by reference, see 3280.4). Another commenter (0023) also supported this change. Notwithstanding, all structural elements necessary to the structural integrity of the manufactured home during in-transit loading are also to be evaluated (e.g., transverse chassis members and floor framing members, etc.). 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. (k) Identification of gas supply connections. The discharge from the relief valve must be piped full size separately to the exterior of the manufactured home, not underneath the home, or to an indirect waste receptor located inside the manufactured home. Two commenters provided a significant number of suggested changes to HUD's proposed regulatory text. Open sides of stairs with a total rise of more than 30 inches above the floor or grade below must have guards not less than 34 inches in height measured vertically from the nosing of the treads. 5401) are: (1) To protect the quality, durability, safety, and affordability of manufactured homes; (2) to facilitate the availability of affordable manufactured homes and to increase homeownership for all Americans; (3) to provide for the establishment of practical, uniform, and, to the extent possible, performance-based Federal construction standards for manufactured homes; (4) to encourage innovative and cost-effective construction techniques for manufactured homes; (5) to protect residents of manufactured homes with respect to personal injuries and the amount of insurance costs and property damages in manufactured housing consistent with the other purposes of this section; (6) to establish a balanced consensus process for the development, revision, and interpretation of Construction and Safety standards for manufactured homes and related regulations for the enforcement of such standards; (7) to ensure uniform and effective enforcement of Construction and Safety standards for manufactured homes; and (8) to ensure that the public interest in, and need for, affordable manufactured housing is duly considered in all determinations relating to the Federal standards and their enforcement.. PDF GAO-13-52, MANUFACTURED HOUSING STANDARDS: Testing and Performance Balconies and porches on the second floor or higher must have guards a minimum of 42 inches in height. The commenters believed these requirements, if necessary, would be more appropriate under Part 3282, Subpart M, On-site Completion of Construction of Manufactured Homes.. DOE in November 2019 agreed to a settlement to take final action on energy efficiency no later than February 2022. 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. In this regard, this final rule revises various standards that reflect current construction practices used by the manufacturing housing industry and the home construction industry in general. In 3280.709, revise paragraph (a) to read as follows: (a) The installation of each appliance must conform to the terms of its listing and the manufacturer's instructions. In 3280.504, add paragraph (a)(3) and revise paragraph (b) introductory text to read as follows: (3) In multi-story manufactured homes, the ceiling vapor retarder is permitted to be omitted when the story directly above is part of the same manufactured home. Each attached accessory building or structure or add-on is designed to support all of its own live and dead loads, unless the attached accessory building or structure is otherwise included in the installation instructions or designed by a registered professional engineer or registered architect in accordance with this part. The commenter did not suggest where HUD should reinclude the phrase during its intended life if HUD kept its proposed changes to 3280.903. HUD adopted SAFMRs via a Final Rule published on November 16, Even if they are being installed on a new site, existing homes are not required to be inspected. HUD also reviewed comments that include specific changes to the formula included in 3280.903(b)(3) and edited the formula accordingly. on NARA's archives.gov. Installing gypsum on the exterior of a home in the factory would not be a durable enough exterior finish for storage and shipping. Standard for the Installation Carbon Monoxide Detection Equipment. 35. Carbon monoxide alarms are intended to alarm at carbon monoxide levels below those that cause a loss of ability to react to the dangers of carbon monoxide exposure. The commenter also looked forward to the prompt implementation of the MHCC's recommended revisions to Subpart M, which the commenter believed will streamline the administrative process. 29. Development of accessory dwelling units can be traced back to the early twentieth century, when they were a common feature in single-family housing.2 After World War II, an increased demand for housing led to a boom- ing suburban population. The design and construction of the carport is subject to state and or local authorities having jurisdiction. Specifically, regulatory costs that are currently borne by the manufactured home manufacturer associated with preparing an AC request and maintaining the AC approvals include: 1. In cases where the carport is designed to be supported by the roof truss overhang, the roof trusses must be designed to support the additional live and dead loads from the carport. 7. A minimum space of 11/2 inches must be provided between the adjoining wall surface and the handrail. Park Model RVs built to HUD standards may not exceed 500 sq. (b) Landings. HUD- Manufactured Housing and Standards Without an explanation of the test parameters and how the test would be administered, the commenter was concerned this provision would be inconsistently enforced. The authority citation for part 3285 continues to read as follows: Authority: The U.S. Small Business Administration's size standards define an establishment primarily engaged in making manufactured homes as small if it does not exceed 1,250 employees. The commenter proposed that a new paragraph (h) be added because a site-built, self-supported garage is considered an add-on per 3282.8(j)(1) and does not affect the ability of the manufactured home to comply with the Construction and Standards. Consequently, small manufacturers would benefit most from this rule's provisions that eliminate the AC process for design and construction of manufactured homes that incorporate innovations that have not yet been codified in HUD's Construction and Safety Standards. (i) Recycled axles. Condensation control and installation of vapor retarders. (2) Handrail height. How do I upgrade my old (pre-1976) mobile home to meet HUD standards? In 3282.8, revise paragraph (j) to read as follows: (j) Add-on. Lost opportunity costs and actual manufacturer and DAPIA staff time to respond to HUD throughout the review and approval process, which, depending on the specific AC request, may take as few as 30 days or as long as 6 months; 5.
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