Title 24 Housing and Urban Development Part 1700 to End

Revised as of April 1, 2019

Containing a codification of documents of general applicability and future effect

As of April 1, 2019

Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00001 Fmt 8091 Sfmt 8091 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR U.S. GOVERNMENT OFFICIAL EDITION NOTICE

Legal Status and Use of Seals and Logos The seal of the National Archives and Records Administration (NARA) authenticates the Code of Federal Regulations (CFR) as the official codification of Federal regulations established under the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the contents of the CFR, a special edition of the Federal Register, shall be judicially noticed. The CFR is prima facie evidence of the original documents published in the Federal Register (44 U.S.C. 1510). It is prohibited to use NARA’s official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist’s designee. Any person using NARA’s official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0–16 ISBN prefix is for U.S. Government Publishing Office Official Edi- tions only. The Superintendent of Documents of the U.S. Govern- ment Publishing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN.

U.S. GOVERNMENT PUBLISHING OFFICE U.S. Superintendent of Documents • Washington, DC 20402–0001 http://bookstore.gpo.gov Phone: toll-free (866) 512-1800; DC area (202) 512-1800

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00002 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR e:\seals\archives.ai e:\seals\gpologo2.eps Table of Contents

Page Explanation ...... v

Title 24:

SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT (CONTINUED)

Chapter X—Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban De- velopment (Interstate Land Sales Registration Program) [Re- served]

Chapter XII—Office of Inspector General, Department of Housing and Urban Development ...... 7

Chapter XV—Emergency Mortgage Insurance and Loan Programs, Department of Housing and Urban Development [Reserved]

Chapter XX—Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban De- velopment ...... 27

Chapter XXIV—Board of Directors of the Hope for Homeowners Program [Reserved]

Chapter XXV—Neighborhood Reinvestment Corporation ...... 291

Finding Aids:

Table of CFR Titles and Chapters ...... 303

Alphabetical List of Agencies Appearing in the CFR ...... 323

List of CFR Sections Affected ...... 333

iii

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00003 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Cite this Code: CFR

To cite the regulations in this volume use title, part and section number. Thus, 24 CFR 2002.1 refers to title 24, part 2002, section 1.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00004 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Explanation

The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further sub- divided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16...... as of January 1 Title 17 through Title 27 ...... as of April 1 Title 28 through Title 41 ...... as of July 1 Title 42 through Title 50...... as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, April 1, 2019), consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut- off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00005 Fmt 8008 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. PAST PROVISIONS OF THE CODE Provisions of the Code that are no longer in force and effect as of the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on any given date in the past by using the appropriate List of CFR Sections Affected (LSA). For the convenience of the reader, a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume. For changes to the Code prior to the LSA listings at the end of the volume, consult previous annual editions of the LSA. For changes to the Code prior to 2001, consult the List of CFR Sections Affected compilations, published for 1949- 1963, 1964-1972, 1973-1985, and 1986-2000. ‘‘[RESERVED]’’ TERMINOLOGY The term ‘‘[Reserved]’’ is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a ‘‘[Reserved]’’ location at any time. Occasionally ‘‘[Reserved]’’ is used editorially to indicate that a portion of the CFR was left vacant and not accidentally dropped due to a printing or computer error. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS. This volume contains the Parallel Table of Authorities and Rules. A list of CFR titles, chapters, subchapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00006 Fmt 8008 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR An index to the text of ‘‘Title 3—The President’’ is carried within that volume. The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg- ister. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency’s name appears at the top of odd-numbered pages. For inquiries concerning CFR reference assistance, call 202–741–6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail [email protected]. SALES The Government Publishing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours a day. For payment by check, write to: US Government Publishing Office – New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers of the Presidents of the United States, Compilation of Presi- dential Documents and the Privacy Act Compilation are available in electronic format via www.govinfo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866- 512-1800 (toll-free). E-mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration’s (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s web site at www.archives.gov/federal-register. The e-CFR is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments, produced by the Office of the Federal Register and the Government Publishing Office. It is available at www.ecfr.gov.

OLIVER A. POTTS, Director, Office of the Federal Register April 1, 2019.

vii

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00007 Fmt 8008 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00008 Fmt 8008 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR THIS TITLE

Title 24—HOUSING AND URBAN DEVELOPMENT is composed of five volumes. The first four volumes containing parts 0–199, parts 200–499, parts 500–699, parts 700– 1699, represent the regulations of the Department of Housing and Urban Develop- ment. The fifth volume, containing part 1700 to end, continues with regulations of the Department of Housing and Urban Development and also includes regulations of the Board of Directors of the Hope for Homeowners Program, and the Neighborhood Reinvestment Corporation. The contents of these volumes represent all current regulations codified under this title of the CFR as of April 1, 2019.

For this volume, Michele Bugenhagen was Chief Editor. The Code of Federal Regulations publication program is under the direction of John Hyrum Martinez, assisted by Stephen J. Frattini.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00009 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00010 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 24—Housing and Urban Development

(This book contains part 1700 to end)

SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DEVELOPMENT (CONTINUED) Part

CHAPTER X—OFFICE OF ASSISTANT SECRETARY FOR HOUSING— FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUS- ING AND URBAN DEVELOPMENT (INTERSTATE LAND SALES REGISTRATION PROGRAM) [RESERVED] ......

CHAPTER XII—Office of Inspector General, Department of Housing and Urban Development ...... 2002

CHAPTER XV—EMERGENCY MORTGAGE INSURANCE AND LOAN PROGRAMS, DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT [RESERVED] ......

CHAPTER XX—Office of Assistant Secretary for Housing— Federal Housing Commissioner, Department of Housing and Urban Development ...... 3280

CHAPTER XXIV—BOARD OF DIRECTORS OF THE HOPE FOR HOME- OWNERS PROGRAM [RESERVED] ......

CHAPTER XXV—Neighborhood Reinvestment Corporation ..... 4100

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00011 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00012 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Subtitle B—Regulations Relating to Housing and Urban Development (Continued)

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00013 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00014 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CHAPTER X—OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (INTERSTATE LAND SALES REGISTRATION PROGRAM) [RESERVED]

PARTS 1700–1799 [Reserved]

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00015 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00016 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CHAPTER XII—OFFICE OF INSPECTOR GENERAL, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Part Page 2000–2001 [Reserved] 2002 Availability of information to the public ...... 9 2003 Implementation of the Privacy Act of 1974 ...... 15 2004 Subpoenas and production in response to subpoenas or demands of courts or other authorities 19 2005–2099 [Reserved]

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00017 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00018 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR PARTS 2000–2001 [RESERVED] (b) Applicability of HUD’s FOIA regulations. In addition to the regulations in PART 2002—AVAILABILITY OF this part, §§ 15.2 and 15.106 of this title apply to the production or disclosure of INFORMATION TO THE PUBLIC information in the possession of the OIG, except as limited in paragraph (c) Sec. of this section or otherwise expressly 2002.1 Scope of this part and applicability of stated in this part. other HUD regulations. 2002.3 OIG’s overall policy concerning (c) Limited applicability of §§ 15.2 and disclosable records and requests for OIG 15.106 of this title. The OIG has different records. people and entities involved in the 2002.5 How to make a request for OIG FOIA process than those defined in records; records produced. § 15.2 and these people and entities are 2002.7 OIG processing of requests, multi- specifically identified in this part. For tracking, and expedited processing. purposes of this part, when the words 2002.9 Proactive disclosures of records. ‘‘HUD’’ or ‘‘Department’’ are used in 2002.11 Agency review of records and aggre- § 15.2 or § 15.106, the term means the gating requests. OIG. The OIG will follow the fee sched- 2002.13 Fee schedule, advance payment, and waiving or reducing fees. ule at § 15.106 except as otherwise pro- 2002.15 Time limitations. vided in this part. Where § 15.106 ref- 2002.17 Authority to release records or du- erences § 15.103, the OIG reference in plications. this part is § 2002.15. 2002.19 Authority to deny requests for records and form of denial, exemptions, § 2002.3 OIG’s overall policy con- and exclusions. cerning disclosable records. 2002.21 Effect of denial of request. (a) The OIG will administer its FOIA 2002.23 Administrative review. program with a presumption of open- AUTHORITY: 5 U.S.C. 552; 5 U.S.C. App. 3; 42 ness. This policy does not create any U.S.C. 3535(d); Delegation of Authority, 46 right enforceable in court. The OIG FR 2389. will fully and responsibly disclose its SOURCE: 83 FR 7391, Feb. 21, 2018, unless identifiable records and information otherwise noted. consistent with competing public interests, such as national security, per- § 2002.1 Scope of this part and applica- sonal privacy, grand jury and inves- bility of other HUD regulations. tigative secrecy, complainant confiden- (a) General. This part contains the tiality, and agency deliberative proc- regulations of the Office of Inspector ess, as are recognized by FOIA and General (OIG) that implement the other Federal statutes. The OIG will Freedom of Information Act (FOIA) (5 apply the FOIA exemptions if release U.S.C. 552). It informs the public how could foreseeably harm an interest pro- to request records and information tected by a FOIA exemption. Release of from the OIG and explains the proce- records will be made as promptly as dure to use if a request is denied. Re- possible. quests made by individuals for records (b) The OIG FOIA Public Liaison is about themselves under the Privacy the Deputy Counsel to the Inspector Act of 1974, 5 U.S.C. 552a, are processed General. Requesters who have ques- in accordance with 24 CFR part 2003 as tions or comments concerning their well as this part. Requests for docu- FOIA request may contact the FOIA ments made by subpoena or other de- Public Liaison at 202–708–1613, or mands of courts or other authorities through the FOIA email at are governed by procedures contained [email protected]. in part 2004 of this chapter. These rules should be read in conjunction with the § 2002.5 How to make a request for text of the FOIA and the Uniform Free- OIG records; records produced. dom of Information Fee Schedule and (a) Any request for OIG records must Guidelines published by the Office of be made in writing. The easiest way to Management and Budget. This policy make a FOIA request is electronically does not create any right enforceable through our public website at in court. www.hudoig.gov. A request may also be

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 2002.7 24 CFR Ch. XII (4–1–19 Edition)

made by submitting the written re- producible with reasonable efforts in quest to The Office of Inspector Gen- the requested form or format by the of- eral; Department of Housing and Urban fice responding to the request. Development; 451 Seventh Street SW, (g) If the requester makes a request Suite 8260, Washington, DC 20410. The for expedited processing, the request envelope should indicate it is a FOIA must provide a detailed explanation of request. A request for OIG records may the basis for the request. The requester also be made in person during normal should also include a statement certi- business hours at any office where OIG fying the truth of the circumstances employees are permanently stationed. supporting the requester’s compelling (b) Each request must reasonably de- need. Requests for expedited processing scribe the desired record, including the that simply recite the statutory lan- title or name, author, subject matter, guage are generally not granted. and number or date, where possible, so that the record may be identified and § 2002.7 OIG processing of requests, located. The more specific the FOIA re- multi-tracking, and expedited proc- quest for records, the more likely OIG essing. officials will be able to locate the (a) Tracking number. FOIA requests records requested. The request should will be logged in the order that they also include the name, address and are received and be assigned a tracking telephone number of the requester, the number, except as provided in para- fee category that the requester believes graph (c) of this section. A requester applies to the request, and the form or should use the tracking number to format in which the requester would identify his or her request when con- like the desired record to be repro- tacting the FOIA office for any reason. duced, if the requester has a pref- An acknowledgement of receipt of the erence. In order to enable the OIG to request, with the assigned tracking comply with the time limitations set number, will be sent to the requester forth in § 2002.15, both the envelope con- by the FOIA office. taining a written request and the letter (b) Multi-track processing—(1) Types of itself should clearly indicate that the tracks. For requests that do not qualify subject is a Freedom of Information for expedited processing, the OIG Act request. places each request in one of two (c) The request must be accompanied tracks, simple or complex, based on the by the fee or an offer to pay the fee as amount of work and time involved in determined in § 15.106 of this title and processing the request. In doing so, the § 2002.13. OIG will consider whether the request (d) The OIG may require information involves the processing of voluminous verifying the requester’s identity, if documents or responsive documents the requester requests agency records from more than one organizational pertaining to the requester, a minor, or unit. Within each track, the OIG proc- an individual who is legally incom- esses requests in the order in which petent. Failure to provide the informa- they are received. tion when requested will result in the (2) Unusual circumstances. Requests request being found insufficient and for audit work papers are considered closed. It will not prevent the future complex requests and generally qualify refiling of the request. as an unusual circumstance under 5 (e) Duplication of available records U.S.C. 552(a)(6)(B)(iii), taking longer will be made as promptly as possible. than 20 working days to process. Re- Such duplication can take the form of quests for ‘‘all’’ specified records over a paper copy, audiovisual materials, or span of time, if they are accepted as machine-readable documentation (e.g., reasonably describing a specific group electronic documents on CD, DVD, of records, are considered complex re- flash drive, etc.). Records that are pub- quests and usually qualify as an un- lished or available for sale will not be usual circumstance under 5 U.S.C. reproduced. 552(a)(6)(B)(iii), taking longer than 20 (f) The OIG shall honor a requester’s working days to process. Requesters specified preference of form or format who make requests qualifying as un- of disclosure if the record is readily re- usual circumstances will be offered an

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00020 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Inspector General, HUD § 2002.11

opportunity to narrow the scope of paragraph (b) of this section. That is their request or arrange for an alter- the preferable method; however, you native time period. may also ask to review those docu- (3) Misdirected requests. For requests ments that are in hardcopy at the that have been sent to the wrong of- Headquarters offices at HUD’s Library, fice, the OIG will assign the request 451 Seventh Street SW, Suite 8141, within each track using the earlier of Washington, DC 20410. This request either: should be coordinated through Office of (i) The date on which the request was Legal Counsel, Office of Inspector Gen- referred to the appropriate office; or eral, Suite 8254. Local offices may co- (ii) The end of the 10 working-day pe- ordinate local requests for hardcopy re- riod in which the request should have views. been referred to the appropriate office. (b) As required by 5 U.S.C. 552(a)(2), (c) Expedited processing. (1) The OIG the OIG makes records created on or may take your request or appeal out of after November 1, 1996, available normal order if the OIG determines through its Electronic FOIA Reading that you have a compelling need for Room, located at https:// the records or in other cases as deter- www.hudoig.gov/foia. These records in- mined by the OIG. Any requester may clude: ask for expedited processing at any (1) Copies of all records, regardless of time. If expedited processing is re- form or format that have been released quested, the OIG will notify the re- to any person under this part: and quester within 10 working days wheth- (i) Because of the nature of their sub- er it will grant expedited processing. ject matter, the agency determines (2) The OIG will grant requests for that the records have become or are expedited processing if it finds a com- likely to become the subject of subse- pelling need under 5 U.S.C. 552(a)(6)(E). quent requests for substantially the Evidence of a compelling need by a per- same records; or son making a request for expedited (ii) Have been requested three or processing must be made in a state- more times. ment certified by such person to be (2) Report for the preceding fiscal true and correct to the best of such year submitted to the U.S. Attorney person’s knowledge and belief. A com- General and the Director of the Office pelling need exists if: of Government Information Services as (i) Your failure to obtain the re- required by 5 U.S.C. 552(e) and the raw quested records on an expedited basis statistical data used in each report. could reasonably be expected to pose This report will be made available: an imminent threat to the life or phys- (i) Without charge, license, or reg- ical safety of an individual; istration requirement; (ii) You are primarily engaged in dis- (ii) In an aggregated, searchable for- seminating information and there is an mat; and urgency to inform the public con- (iii) In a format that may be cerning actual or alleged Federal Gov- downloaded in bulk. ernment activity; or (c) The OIG also makes other docu- (iii) Your failure to obtain the re- ments, such as audits and semiannual quested records on an expedited basis reports, available to the public at could result in the loss of substantial https://www.hudoig.gov/. due process rights. (3) If the OIG grants the request for § 2002.11 Agency review of records and expedited processing, the OIG will give aggregating requests. the request priority and will process it (a) Review of records. Only requesters as soon as practicable. who are seeking documents for commercial use may be charged for the § 2002.9 Proactive disclosures of time the OIG spends reviewing records records. to determine whether the records are (a) You may review records that sec- exempt from mandatory disclosure. tion 552(a)(2) of FOIA requires the OIG Charges will be assessed only for the to make available to the public in the initial review; i.e., the review under- electronic reading rooms identified in taken the first time the OIG reviews a

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00021 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 2002.13 24 CFR Ch. XII (4–1–19 Edition)

particular record or portion of a record is received by any component des- to apply an exemption. The OIG will ignated to receive FOIA requests, and not charge for review at the adminis- after any fees or advance payment of trative appeal level of an exemption al- fees under § 2002.13 has been made. ready applied. However, records or por- (b) Scope of responsive records. In de- tions of records withheld under an ex- termining which records are responsive emption that is subsequently deter- to a request, an agency ordinarily will mined not to apply may be reviewed include only records in its possession again to determine the applicability of as of the date that it begins its search. other exemptions not previously con- If any other date is used, the agency sidered. The costs for such a subse- must inform the requester of that date. quent review would be properly assess- A record that is excluded from the re- able. Review time will be assessed at quirements of the FOIA pursuant to 5 the same rates established for search U.S.C. 552(c) is not considered respon- time in §§ 2002.13 and 15.106 of this title. sive to a request. (b) Aggregating requests. (1) The OIG (c) Unusual circumstances. Under un- may aggregate multiple requests in usual circumstances, as specified in cases where unusual circumstances this paragraph (c), the OIG may extend exist and the OIG determines that: the time period for processing a FOIA (i) Certain requests from the same re- request. In such circumstances, the quester or from a group of requesters OIG will provide the requester with acting in concert actually constitute a written notice setting forth the un- single request; and usual circumstances for the extension (ii) The requests involve clearly re- and the date on which a determination lated matters. is expected to be made. This date will (2) Aggregation of requests for this not exceed 10 working days beyond the purpose will be conducted independent general time established in paragraph of aggregation of requests for fee pur- (a) of this section. If processing a re- poses under § 15.106(h) of this title. quest would require more than 10 working days beyond the general time limit § 2002.13 Fee schedule, advance pay- established in paragraph (a) of this sec- ment, interest charges, and waiving tion, the OIG will offer the requester or reducing fees. an opportunity to reduce or limit the The OIG will charge for processing scope of the request in order to allow requests under the FOIA in accordance the OIG to process it within the extra with § 15.106 of this title, except where 10-day working period or arrange an al- those provisions conflict with provi- ternative time period within which the sions of this part; more specifically, FOIA request will be processed. To aid where § 15.106 references § 15.103 of this the requester, the OIG shall make title replace such reference with available its FOIA Public Liaison, who § 2002.15. shall assist in the resolution of any disputes between the requester and the § 2002.15 Time limitations. OIG, and notify the requester of the (a) General. Upon receipt of a request right of the requester to seek dispute for records, the appropriate Assistant resolution services from the Office of Inspector General or an appointed des- Government Information Services. Un- ignee will generally make a determina- usual circumstances mean that there is tion whether to comply with a FOIA a need: request within 20 working days. The (1) To search for and collect the re- Assistant Inspector General or des- quested records from field facilities or ignee will immediately notify the re- other establishments that are separate questor in writing of the determination from the office processing the request; and the reason(s) for such determina- (2) To search for, collect, and appro- tion and the right of the person to re- priately examine a voluminous amount quest assistance from the FOIA Public of separate and distinct records that Liaison. The 20-day period will begin are demanded in a single request (e.g. on the day the request is received by audit work papers); or the OIG, but in any event not later (3) For consultation, which shall be than 10 working days after the request conducted with all practicable speed,

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00022 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Inspector General, HUD § 2002.19

with another agency having a substan- the OIG reasonably foresees that dis- tial interest in the determination of closure would harm an interest pro- the request or among two or more of- tected by an exemption as provided in fices of the Office of Inspector General this section, or disclosure is prohibited having a substantial interest in the by law. The OIG will consider whether subject matter of the request. partial disclosure of information is possible whenever the OIG determines § 2002.17 Authority to release records that a full disclosure of a requested or duplications. record is not possible and will take rea- Any Assistant Inspector General or sonable steps necessary to segregate an appointed designee is authorized to and release nonexempt information. release any record (or duplication) per- Nothing in this section requires disclo- taining to activities for which he or sure of information that is otherwise she has primary responsibility, unless prohibited from disclosure by law or disclosure is clearly inappropriate otherwise exempted from disclosure as under this part. No authorized person provided in this section. may release records for which another (c) FOIA exemptions. The FOIA con- officer has primary responsibility with- tains nine exemptions (5 U.S.C. 552(b)) out the consent of the officer or his or that authorize agencies to withhold her designee. various records from disclosure, and two exclusions to the statute that may § 2002.19 Authority to deny requests for records and form of denial, ex- be used by the OIG. With regard to the emptions, and exclusions. records normally requested, the OIG generally applies the exemptions and (a) Process for denying requests. An As- exclusions as follows: sistant Inspector General or the Coun- sel to the Inspector General, or their (1) Classified documents. Exemption 1 designees, may deny a request for a (5 U.S.C. 552(b)(1)) protects classified record. Any denial will: national defense and foreign relations (1) Be in writing; information. The OIG seldom relies on (2) State simply the reasons for the this exception to withhold documents. denial; However, where applicable, the OIG (3) Provide an estimate of the volume will refer a request for records classi- of records or information withheld, fied under Executive Order 13526 and when appropriate, in number of pages the pertinent records to the origi- or in some other reasonable form of es- nating agency for processing. The OIG timation. This estimate does not need may refuse to confirm or deny the ex- to be provided if the volume is other- istence of the requested information if wise indicated through deletions on the originating agency determines that records disclosed in part, or if pro- the fact of the existence of the infor- viding an estimate would harm an in- mation itself is classified. terest protected by an applicable ex- (2) Internal agency rules and practices. emption; Exemption 2 (5 U.S.C. 552(b)(2)) pro- (4) Identify the person(s) responsible tects records relating to internal per- for the denial by name and title; sonnel rules and practices. (5) Provide notice of the right of the (3) Information prohibited from disclo- requester to appeal to the Deputy In- sure by another statute. Exemption 3 (5 spector General, within a period deter- U.S.C. 552(b)(3)) protects information mined by the head of the agency that is that is prohibited from disclosure by not less than 90 days after the date of another Federal law. Some investiga- such adverse determination, consistent tive records contain information that with § 2002.23; and could reveal grand jury proceedings, (6) Provide notice of the right of the which are protected from disclosure by requester to seek dispute resolution Federal Rule of Criminal Procedure services from the FOIA Public Liaison 6(e). Section 7 of the Inspector General of the agency or the Office of Govern- Act of 1978 prohibits the OIG from dis- ment Information Services. closing the identity of employees who (b) Denying requests generally. The make protected disclosures. The OIG OIG shall withhold information only if generally will not disclose competitive

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00023 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 2002.19 24 CFR Ch. XII (4–1–19 Edition)

proposals prior to contract award, com- the OIG finds individuals generally petitive proposals that are not set have a heightened privacy interest for forth or incorporated by reference into not having their identities associated the awarded contract, (see 41 U.S.C. with the OIG. 4702), or, during the selection process, (7) Law enforcement records. Exemp- any covered selection information re- tion 7 (5 U.S.C. 552(b)(7)) protects cer- garding such selection, either directly tain records or information compiled or indirectly (see 42 U.S.C. 3537a). for law enforcement purposes. This ex- (4) Commercial or financial information. emption protects records where the Exemption 4 (5 U.S.C. 552(b)(4)) pro- production could reasonably be ex- tects trade secrets and commercial or pected to interfere with enforcement financial information obtained from a proceedings. The protection of this ex- person that is privileged and confiden- emption also encompasses, but is not tial. The OIG frequently obtains this limited to, information in law enforce- information through its audits. The ment files that could reasonably be ex- OIG will process the release of this cat- pected to constitute an unwarranted egory of information pursuant to Exec- invasion of personal privacy; the names utive Order 12600 and give notice to the of confidential informants; and tech- affected business and an opportunity niques and procedures for law enforce- for the business to present evidence of ment investigations, or guidelines for its confidentiality claim. If the OIG is law enforcement investigations if such sued by a requester under the FOIA for disclosure could reasonably be ex- nondisclosure of confidential business pected to risk circumvention of the information, the OIG expects the af- law. It is the policy of the OIG in re- fected business to cooperate to the full- sponding to all FOIA requests for in- est extent possible in defending such a vestigative records pertaining to spe- decision. cifically named individuals to refuse to (5) Certain interagency or intra-agency confirm or deny the existence of such communications. Exemption 5 (5 U.S.C. records. Lacking the subject individ- 552(b)(5)) protects interagency or intra- uals consent, proof of death, an official agency communications that are pro- acknowledgement of an investigation, tected by legal privileges, such as the or an overriding public interest, even attorney-client privilege, attorney to acknowledge the existence of such work-product privilege, or communica- records could reasonably be expected to tions reflecting the agency’s delibera- constitute an unwarranted invasion of tive process. These communications personal privacy. may include communications with the (8) Supervision of financial institutions. Department of Justice and with HUD. Exemption 8 (5 U.S.C. 552(b)(8)) pro- The deliberative process privilege shall tects information relating to the super- not apply to records created 25 years or vision of financial institutions. It is more before the date on which the unlikely that the OIG will have these records were requested. documents. (6) Personal privacy. Exemption 6 (5 (9) Wells. Exemption 9 (5 U.S.C. U.S.C. 552(b)(6)) protects information 552(b)(9)) protects geological informa- involving matters of personal privacy. tion on wells. It is unlikely that the This information may be found in per- OIG will have these documents. sonnel, medical, and similar files the (d) FOIA exclusion. Some law enforce- disclosure of which would constitute a ment records are excluded from the clearly unwarranted invasion of per- FOIA. 5 U.S.C. 552(c)(1) permits a law sonal privacy. Names, addresses, tele- enforcement agency to exclude a docu- phone numbers, and email addresses of ment from the FOIA if there is reason persons identified in audits or com- to believe that: plaints generally will not be disclosed. (1) The subject of the investigation or The OIG has learned through experi- proceeding is not aware of its pend- ence that some of its employees (i.e. ency; and Hotline employees) will be harassed if (2) Disclosure of the existence of the their identities are known, and the OIG records could reasonably be expected to will protect the identities of these em- interfere with enforcement pro- ployees. As a law enforcement agency, ceedings, in which case the agency

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00024 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Inspector General, HUD Pt. 2003

may, during only such time as that cir- port of disclosure of the original cumstance continues, treat the records records requested. as not subject to the requirements of (c) Review will be made promptly by the FOIA. Section 552(c)(2) of FOIA al- the Deputy Inspector General, or des- lows the exclusion of informant ignee, on the basis of the written records, unless the existence of the in- record. The OIG will decide an appeal formant has been officially confirmed. of a denial of a request to expedite processing of a FOIA request within 10 § 2002.21 Effect of denial of request. working days of receipt of the appeal. Denial of a request shall terminate The OIG will make a determination on the authority of the Assistant Inspec- all other appeals within 20 working tor General or his or her designee to re- days of receipt, unless unusual cir- lease or disclose the requested record, cumstances require the OIG to extend which thereafter may not be made pub- the time for an additional 10 working licly available except with express au- days. thorization of the Inspector General, (d) The time of receipt for processing Deputy Inspector General, or Counsel of a request is the time it is received to the Inspector General. by the Inspector General. If a request is misdirected by the requester and is § 2002.23 Administrative review. received by one other than the Inspec- tor General, the OIG official who re- (a) Review is available only from a ceives the request will forward it written determination denying a re- promptly to the Inspector General and quest for a record and only if a written will advise the requester about the de- request for review is filed within 90 layed time of receipt. days after issuance of the written de- (e) The decision after review will be termination. If mailed, the requester’s in writing, will constitute final agency letter of appeal must be postmarked action on the request, and, if the denial within 90 calendar days of the date of of the request for records is in full or in the letter of determination. If the let- part upheld, the Inspector General will ter of appeal is transmitted electroni- notify the person making the request cally or by a means other than the of his or her right to seek judicial re- United States Postal Service, it must view under 5 U.S.C. 552(a)(4). be received in the appropriate office by (f) Adverse decisions will include the the close of business on the 90th cal- name and contact information of dis- endar day after the date of the letter of pute resolution services that offer me- determination. Before seeking court diation services to resolve disputes be- review of an adverse determination, a tween FOIA requesters and Federal requester must exhaust their adminis- agencies as a nonexclusive alternative trative remedies under this section. to litigation. (b) A review may be initiated by sending a request for review to the Of- fice of Inspector General; Department PART 2003—IMPLEMENTATION OF of Housing and Urban Development; 451 THE PRIVACY ACT OF 1974 Seventh Street SW, Room 8256, Wash- ington, DC 20410 or to Sec. [email protected]. In order to 2003.1 Scope of the part and applicability of enable the OIG to comply with the other HUD regulations. 2003.2 Definitions. time limitations set forth in § 2002.17, 2003.3 Requests for records. both the envelope containing the re- 2003.4 Officials to receive requests and in- quest for review and the letter itself quiries. should clearly indicate that the subject 2003.5 Initial denial of access to records. is a Freedom of Information Act re- 2003.6 Disclosure of a record to a person quest for review. Each request for re- other than the individual to whom it per- view must contain the following: tains. (1) A copy of the original request; 2003.7 Authority to make law enforcement- related requests for records maintained (2) A copy of the written denial; and by other agencies. (3) A statement of the circumstances, 2003.8 General exemptions. reasons, or arguments advanced in sup- 2003.9 Specific exemptions.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00025 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 2003.1 24 CFR Ch. XII (4–1–19 Edition)

AUTHORITY: 5 U.S.C. 552a; 5 U.S.C. App. 3 statutes. This practice will be under- (Inspector General Act of 1978); 42 U.S.C. taken regardless of how an individual 3535(d). characterizes the request. SOURCE: 57 FR 62142, Dec. 29, 1992, unless (1) The procedures for inquiries and otherwise noted. requirements for access to records under the Privacy Act are more specifi- § 2003.1 Scope of the part and applica- cally set forth in 24 CFR part 16, except bility of other HUD regulations. that appendix A to part 16 does not (a) General. This part contains the apply to the OIG. regulations of the Office of Inspector (2) An individual will not be required General (‘‘OIG’’) implementing the Pri- to state a reason or otherwise justify vacy Act of 1974 (5 U.S.C. 552a). The his or her request for access to a regulations inform the public that the record. Inspector General has the responsibility for carrying out the require- § 2003.4 Officials to receive requests ments of the Privacy Act and for and inquiries. issuing internal OIG orders and direc- Officials to receive requests and in- tives in connection with the Privacy quiries for access to, or correction of, Act. These regulations apply to all records that are contained in systems records in OIG systems of records are of records maintained by the OIG and the Privacy Act Officers described in that are retrieved by an individual’s § 2003.2 of this part. Written requests name or personal identifier. may be addressed to the appropriate (b) Applicability of part 16. In addition Privacy Act Officer at: Office of Inspec- to these regulations, the provisions of tor General, Department of Housing 24 CFR part 16 apply to the OIG, except and Urban Development, Washington, that appendix A to part 16 is not appli- DC 20410. cable. The provisions of this part shall [57 FR 62142, Dec. 29, 1992, as amended at 59 govern in the event of any conflict FR 14098, Mar. 25, 1994] with the provisions of part 16. § 2003.5 Initial denial of access to § 2003.2 Definitions. records. For purposes of this part: (a) Access by an individual to a Department means the OIG, except record about that individual which is that in the context of §§ 16.1(d); 16.11(b) contained in an OIG system of records (1), (3), and (4); and 16.12(e), when those will be denied only upon a determina- sections are incorporated by reference, tion by the Privacy Act Officer that: the term means the Department of (1) The record was compiled in rea- Housing and Urban Development. sonable anticipation of a civil action or Privacy Act Officer means an Assist- proceeding; or the record is subject to ant Inspector General. a Privacy Act exemption under § 2003.8 Privacy Appeals Officer means the In- or § 2003.9 of this part; and spector General. (2) The record is also subject to a [59 FR 14098, Mar. 25, 1994] FOIA exemption under § 2002.21(b) of this chapter. § 2003.3 Requests for records. (b) If a request is partially denied, (a) A request from an individual for any portions of the responsive record an OIG record about that individual that can be reasonably segregated will which is not contained in an OIG sys- be provided to the individual after de- tem of records will be considered to be letion of those portions determined to a Freedom of Information Act (FOIA) be exempt. request and will be processed under 24 (c) The provisions of 24 CFR 16.6(b) CFR part 2002. and 16.7, concerning notification of an (b) A request from an individual for initial denial of access and administra- an OIG record about that individual tive review of the initial denial, apply which is contained in an OIG system of to the OIG, except that: records will be processed under both (1) The final determination of the In- the Privacy Act and the FOIA in order spector General, as Privacy Appeals Of- to ensure maximum access under both ficer for the OIG, will be in writing and

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00026 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Inspector General, HUD § 2003.8

will constitute final action of the De- Files of the Office of Inspector Gen- partment on a request for access to a eral,’’ ‘‘Name Indices System of the Of- record in an OIG system of records; and fice of Inspector General,’’ and (2) If the denial of the request is in ‘‘AutoInvestigation of the Office of In- whole or in part upheld, the final deter- spector General’’ consist, in part, of in- mination of the Inspector General will formation compiled by the OIG for the include notice of the right to judicial purpose of criminal law enforcement review. investigations. Therefore, to the extent that information in these systems falls § 2003.6 Disclosure of a record to a person other than the individual to within the scope of exemption (j)(2) of whom it pertains. the Privacy Act, 5 U.S.C. 552a(j)(2), these systems of records are exempt (a) The OIG may disclose an individ- from the requirements of the following ual’s record to a person other than the subsections of the Privacy Act, for the individual to whom the record pertains reasons stated in paragraphs (a)(1) in the following instances: through (6) of this section. (1) Upon written request by the individual, including authorization under (1) From subsection (c)(3), because re- 24 CFR 16.5(e); lease of an accounting of disclosures to (2) With the prior written consent of an individual who is the subject of an the individual; investigation could reveal the nature (3) To a parent or legal guardian of and scope of the investigation and the individual under 5 U.S.C. 552a(h); or could result in the altering or destruc- (4) When permitted by the provisions tion of evidence, improper influencing of 5 U.S.C. 552a(b) (1) through (12). of witnesses, and other evasive actions (b) [Reserved] that could impede or compromise the investigation. § 2003.7 Authority to make law en- (2) From subsection (d)(1), because forcement-related requests for release of investigative records to an records maintained by other agen- individual who is the subject of an in- cies. vestigation could interfere with pend- (a) The Inspector General is author- ing or prospective law enforcement ized by written delegation from the proceedings, constitute an unwar- Secretary of HUD and under the In- ranted invasion of the personal privacy spector General Act to make written of third parties, reveal the identity of requests under 5 U.S.C. 552a(b)(7) for confidential sources, or reveal sen- transfer of records maintained by other sitive investigative techniques and pro- agencies which are necessary to carry cedures. out an authorized law enforcement activity under the Inspector General Act. (3) From subsection (d)(2), because (b) The Inspector General delegates amendment or correction of investiga- the authority under paragraph (a) of tive records could interfere with pend- this section to the following OIG offi- ing or prospective law enforcement cials: proceedings, or could impose an impos- (1) Deputy Inspector General; sible administrative and investigative (2) Assistant Inspector General for burden by requiring the OIG to con- Audit; tinuously retrograde its investigations (3) Assistant Inspector General for attempting to resolve questions of ac- Investigation; and curacy, relevance, timeliness and com- (4) Assistant Inspector General for pleteness. Management and Policy. (4) From subsection (e)(1), because it (c) The officials listed in paragraph is often impossible to determine rel- (b) of this section may not redelegate evance or necessity of information in the authority described in paragraph the early stages of an investigation. (a) of this section. The value of such information is a question of judgment and timing; what § 2003.8 General exemptions. appears relevant and necessary when (a) The systems of records entitled collected may ultimately be evaluated ‘‘Investigative Files of the Office of In- and viewed as irrelevant and unneces- spector General,’’ ‘‘Hotline Complaint sary to an investigation. In addition,

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00027 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 2003.9 24 CFR Ch. XII (4–1–19 Edition)

the OIG may obtain information con- Therefore, to the extent that informa- cerning the violation of laws other tion in these systems falls within the than those within the scope of its juris- coverage of exemption (k)(2) of the Pri- diction. In the interest of effective law vacy Act, 5 U.S.C. 552a(k)(2), these sys- enforcement, the OIG should retain tems of records are exempt from the re- this information because it may aid in quirements of the following sub- establishing patterns of unlawful activ- sections of the Privacy Act, for the ity and provide leads for other law en- reasons stated in paragraphs (a) (1) forcement agencies. Further, in obtain- through (4) of this section. ing evidence during an investigation, (1) From subsection (c)(3), because re- information may be provided to the lease of an accounting of disclosures to OIG which relates to matters inci- an individual who is the subject of an dental to the main purpose of the investigation but which may be pertinent investigation could reveal the nature to the investigative jurisdiction of an- and scope of the investigation and other agency. Such information cannot could result in the altering or destruc- readily be identified. tion of evidence, improper influencing (5) From subsection (e)(2), because in of witnesses, and other evasive actions a law enforcement investigation it is that could impede or compromise the usually counterproductive to collect investigation. information to the greatest extent (2) From subsection (d)(1), because practicable directly from the subject release of investigative records to an thereof. It is not always feasible to rely individual who is the subject of an in- upon the subject of an investigation as vestigation could interfere with pend- a source for information which may ing or prospective law enforcement implicate him or her in illegal activi- proceedings, constitute an unwar- ties. In addition, collecting informa- ranted invasion of the personal privacy tion directly from the subject could se- of third parties, reveal the identity of riously compromise an investigation confidential sources, or reveal sen- by prematurely revealing its nature sitive investigative techniques and pro- and scope, or could provide the subject cedures. with an opportunity to conceal crimi- (3) From subsection (d)(2), because nal activities, or intimidate potential amendment or correction of investiga- sources, in order to avoid apprehension. tive records could interfere with pend- (6) From subsection (e)(3), because ing or prospective law enforcement providing such notice to the subject of proceedings, or could impose an impos- an investigation, or to other individual sible administrative and investigative sources, could seriously compromise burden by requiring the OIG to con- the investigation by prematurely re- tinuously retrograde its investigations vealing its nature and scope, or could attempting to resolve questions of ac- inhibit cooperation, permit the subject curacy, relevance, timeliness and com- to evade apprehension, or cause inter- pleteness. ference with undercover activities. (4) From subsection (e)(1), because it (b) [Reserved] is often impossible to determine rel- [57 FR 62142, Dec. 29, 1992, as amended at 65 evance or necessity of information in FR 50904, Aug. 21, 2000] the early stages of an investigation. The value of such information is a § 2003.9 Specific exemptions. question of judgment and timing; what (a) The systems of records entitled appears relevant and necessary when ‘‘Investigative Files of the Office of In- collected may ultimately be evaluated spector General,’’ ‘‘Hotline Complaint and viewed as irrelevant and unneces- Files of the Office of Inspector Gen- sary to an investigation. In addition, eral,’’ ‘‘Name Indices System of the Of- the OIG may obtain information con- fice of Inspector General,’’ and cerning the violation of laws other ‘‘AutoInvestigation of the Office of In- than those within the scope of its juris- spector General’’ consist, in part, of in- diction. In the interest of effective law vestigatory material compiled by the enforcement, the OIG should retain OIG for law enforcement purposes. this information because it may aid in

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00028 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Inspector General, HUD § 2004.1

establishing patterns of unlawful activ- Subpart B—Office of Inspector General ity and provide leads for other law en- Subpoenas forcement agencies. Further, in obtain- 2004.10 Service of an Office of Inspector ing evidence during an investigation, General subpoena. information may be provided to the OIG which relates to matters inci- Subpart C—Requests for Testimony and dental to the main purpose of the in- Production of Documents vestigation but which may be pertinent 2004.20 General prohibition. to the investigative jurisdiction of an- 2004.21 Factors OIG will consider. other agency. Such information cannot 2004.22 Filing requirements for demands or readily be identified. requests for documents or testimony. (b) The systems of records entitled 2004.23 Service of subpoenas or requests. ‘‘Investigative Files of the Office of In- 2004.24 Processing demands or requests. spector General,’’ ‘‘Hotline Complaint 2004.25 Final determination. 2004.26 Restrictions that apply to testi- Files of the Office of Inspector Gen- mony. eral,’’ ‘‘Name Indices System of the Of- 2004.27 Restrictions that apply to released fice of Inspector General,’’ and records. ‘‘Autoinvestigation of the Office of In- 2004.28 Procedure in the event of an adverse spector General’’ consist in part of in- ruling. vestigatory material compiled by the 2004.29 Fees. OIG for the purpose of determining AUTHORITY: Inspector General Act of 1978, suitability, eligibility, or qualifica- as amended (5 U.S.C. app.) and 42 U.S.C. tions for Federal civilian employment 3535(d). or Federal contracts, the release of SOURCE: 68 FR 3366, Jan. 23, 2003, unless which would reveal the identity of a otherwise noted. source who furnished information to the Government under an express Subpart A—General Requirements promise that the identity of the source would be held in confidence. Therefore, § 2004.1 Scope and purpose. to the extent that information in these (a) This part sets forth the policy for systems fall within the coverage of ex- service of a subpoena issued by the Of- emption (k)(5) of the Privacy Act, 5 fice of Inspector General (OIG), and U.S.C. 552a(k)(5), these systems of policies and procedures that you must records are exempt from the require- follow when you submit a demand or ments of subsection (d)(1), because re- request to an employee of the OIG to lease would reveal the identity of a produce official records and informa- source who furnished information to tion, or provide testimony relating to the Government under an express official information, in connection promise of confidentiality. Revealing with a legal proceeding. You must com- the identity of a confidential source ply with these requirements when you could impede future cooperation by request the release or disclosure of offi- sources, and could result in harassment cial records and information. or harm to such sources. (b) The OIG intends these provisions to: [57 FR 62142, Dec. 29, 1992, as amended at 65 (1) Promote economy and efficiency FR 50904, Aug. 21, 2000] in its programs and operations; (2) Minimize the possibility of involv- PART 2004—SUBPOENAS AND PRO- ing OIG in controversial issues not re- DUCTION IN RESPONSE TO SUB- lated to OIG’s functions; POENAS OR DEMANDS OF (3) Maintain OIG’s impartiality COURTS OR OTHER AUTHORITIES among private litigants where OIG is not a named party; and (4) Protect sensitive, confidential in- Subpart A—General Requirements formation and the deliberative proc- Sec. esses of OIG. 2004.1 Scope and purpose. (c) In providing for these require- 2004.2 Applicability. ments, OIG does not waive the sov- 2004.3 Definitions. ereign immunity of the United States.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00029 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 2004.2 24 CFR Ch. XII (4–1–19 Edition)

(d) This part provides guidance for (3) Any individual who served or is the internal operations of OIG. This serving in any consulting or advisory part does not create any right or ben- capacity to OIG, whether formal or in- efit, substantive or procedural, that a formal. party may rely upon in any legal pro- Records or official records or informa- ceeding against the United States. tion means: (1) All documents and materials that § 2004.2 Applicability. are OIG agency records under the Free- This subpart applies to demands and dom of Information Act, 5 U.S.C. 552; requests to employees for factual or ex- (2) All other documents and mate- pert testimony relating to official in- rials contained in OIG files; and formation, or for production of official (3) All other information or materials records or information, in legal pro- acquired by an OIG employee in the ceedings in which HUD or OIG is not a performance of his or her official du- named party. However, this subpart ties or because of his or her official sta- does not apply to: tus. (a) Demands upon or requests for an Request means any informal request, OIG employee to testify as to facts or by whatever method, for the produc- events that are unrelated to his or her tion of records and information or for official duties or that are unrelated to testimony that has not been ordered by the functions of OIG; a court or other competent authority. (b) Requests for the release of records Testimony means any written or oral under the Freedom of Information Act, statements, including depositions, an- 5 U.S.C. 552, or the Privacy Act, 5 swers to interrogatories, affidavits, U.S.C. 552a; and declarations, recorded interviews, and (c) Congressional demands and Con- statements made by an individual in gressional requests for testimony or connection with a legal proceeding. records. Subpart B—Office of Inspector § 2004.3 Definitions. General Subpoenas Counsel means the Counsel to the In- spector General. § 2004.10 Service of an Office of In- spector General subpoena. Demand means a subpoena, or an order or other command of a court or Service of a subpoena issued by OIG other competent authority, for the pro- may be accomplished as follows: duction, disclosure, or release of (a) Personal service. Service may be records or for the appearance and testi- made by delivering the subpoena to the mony of an OIG employee that is person to whom it is addressed. If the issued in a legal proceeding. subpoena is addressed to a corporation Legal proceeding means any matter or other business entity, it may be before a court of law, administrative served upon an employee of the cor- board or tribunal, commission, admin- poration or entity. Service made to an istrative law judge, hearing officer, or employee, agent, or legal representa- other body that conducts a legal or ad- tive of the addressee shall constitute ministrative proceeding. Legal pro- service upon the addressee. ceeding includes all phases of litiga- (b) Service by mail. Service may also tion. be made by mailing the subpoena, cer- OIG means the Office of Inspector tified mail—return receipt requested, General, U.S. Department of Housing to the addressee at his or her last and Urban Development. known business or personal address. OIG employee or employee means: (1) Any current or former officer or Subpart C—Requests for Testi- employee of OIG; mony and Production of Doc- (2) Any other individual hired uments through contractual agreement by or on behalf of OIG or who has performed § 2004.20 General prohibition. or is performing services under such an No employee may produce official agreement for OIG; and records and information or provide any

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00030 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Inspector General, HUD § 2004.22

testimony relating to official informa- § 2004.22 Filing requirements for de- tion in response to a demand or request mands or requests for documents or without the prior, written approval of testimony. the Inspector General or the Counsel. You must comply with the following requirements whenever you issue de- § 2004.21 Factors OIG will consider. mands or requests to an OIG employee The Counsel or Inspector General, in for official records and information or their discretion, may grant an em- testimony. ployee permission to testify on matters (a) Your request must be in writing relating to official information, or and must be submitted to the Counsel. produce official records and informa- If you serve a subpoena on OIG or on an tion, in response to a demand or re- OIG employee before submitting a quest. Among the relevant factors that written request and receiving a final the Inspector General or the Counsel determination from the Counsel, OIG may consider in making this decision will oppose the subpoena on grounds are whether: that your request was not submitted in (a) The purposes of this part are met; accordance with this subpart. (b) OIG has an interest in the deci- (b) Your written request must con- sion that may be rendered in the legal tain the following information: proceeding; (1) The caption of the legal pro- (c) Allowing such testimony or proceeding, docket number, and name and duction of records would assist or address of the court or other authority hinder OIG in performing its statutory involved; duties or use OIG resources where re- (2) A copy of the complaint or equiva- sponding to the request will interfere lent document setting forth the asser- with the ability of OIG employees to do tions in the case and any other plead- their work; ing or document sufficient to show rel- (d) The records or testimony can be evance; obtained from other sources; (3) A list of categories of records (e) The demand or request is unduly sought, a detailed description of how burdensome or otherwise inappropriate the information sought is relevant to under the applicable rules of discovery the issues in the legal proceeding, and or the rules of procedure governing the a specific description of the substance of the testimony or records sought; case or matter in which the demand or request arose; (4) A statement as to how the need for the information outweighs the need (f) Disclosure would violate or be in- to maintain any confidentiality of the consistent with a statute, Executive information and outweighs the burden Order, or regulation; on OIG to produce the records or pro- (g) Disclosure would reveal confiden- vide testimony; tial or privileged information, trade se- (5) A statement indicating that the crets, or similar, confidential commer- information sought is not available cial, or financial information; from another source, from other per- (h) Disclosure would impede or inter- sons or entities, or from the testimony fere with an ongoing law enforcement of someone other than an OIG em- investigation or proceedings, or com- ployee, such as a retained expert; promise constitutional rights; (6) If testimony is requested, the in- (i) Disclosure would result in OIG ap- tended use of the testimony, a general pearing to favor one litigant over an- summary of the desired testimony, and other; a showing that no document could be (j) Disclosure relates to documents provided and used in lieu of testimony; that were produced by another agency; (7) A description of all prior deci- (k) The demand or request is in con- sions, orders, or pending motions in the formance with all other applicable case that bear upon the relevance of rules; the requested records or testimony; (l) The demand or request is suffi- (8) The name, address, and telephone ciently specific to be answered; and number of counsel to each party in the (m) For any other good cause. case; and

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00031 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 2004.23 24 CFR Ch. XII (4–1–19 Edition)

(9) An estimate of the amount of est of OIG, HUD, and the United time that the requester and other par- States, or for other good cause. ties will require with each OIG employee for time spent by the employee § 2004.25 Final determination. to prepare for testimony, in travel, and The Counsel makes the final deter- for attendance in the legal proceeding. mination on demands and requests to (c) The OIG reserves the right to re- employees for production of official quire additional information to com- records and information or testimony. plete your request where appropriate. All final determinations are within the (d) Your request should be submitted sole discretion of the Counsel. The at least 30 days before the date that records or testimony are required. Re- Counsel will notify the requester of the quests submitted less than 30 days be- final determination, the reasons for the fore records or testimony are required grant or denial of the demand or re- must be accompanied by a written ex- quest, and any conditions that the planation stating the reasons for the Counsel may impose on the release of late request and the reasons for expe- records or information, or on the testi- dited processing. mony of an OIG employee. (e) Failure to cooperate in good faith to enable the Counsel to make an in- § 2004.26 Restrictions that apply to tes- formed decision may serve as the basis timony. for a determination not to comply with (a) The Counsel may impose condi- your request. tions or restrictions on the testimony of OIG employees including, for exam- § 2004.23 Service of subpoenas or re- ple, limiting the areas of testimony or quests. requiring the requester and other par- Subpoenas or requests for official ties to the legal proceeding to agree records or information or testimony that the transcript of the testimony must be served on the Counsel to the will be kept under seal or will only be Inspector General, Office of Inspector used or made available in the par- General, U.S. Department of Housing ticular legal proceeding for which tes- and Urban Development, 451 Seventh timony was requested. The Counsel Street, SW, Room 8260, Washington, DC 20410–4500. may also require a copy of the transcript of testimony at the requester’s § 2004.24 Processing demands or re- expense. quests. (b) The OIG may offer the employee’s (a) After service of a demand or re- written declaration in lieu of testi- quest to testify, the Counsel will re- mony. view the demand or request and, in ac- (c) If authorized to testify pursuant cordance with the provisions of this to this part, an employee may testify subpart, determine whether, or under as to facts within his or her personal what conditions, to authorize the em- knowledge, but, unless specifically au- ployee to testify on matters relating to thorized to do so by the Counsel, the official information and/or to produce employee shall not: official records and information. (1) Disclose confidential or privileged (b) The OIG will process requests in information; the order in which they are received. (2) Testify as to facts when the Coun- Absent exigent or unusual cir- sel determines such testimony would cumstances, OIG will respond within 30 not be in the best interest of OIG, HUD days from the date that we receive all and the United States; or information necessary to the evaluation of the demand or request. The (3) Testify as an expert or opinion time for response will depend upon the witness with regard to any matter aris- scope of the request. ing out of the employee’s official du- (c) The Counsel may grant a waiver ties or the functions of OIG. This provi- of any procedure described in this sub- sion does not apply to requests from part where a waiver is considered nec- the United States for expert or opinion essary to promote a significant inter- testimony.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00032 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Inspector General, HUD § 2004.29

§ 2004.27 Restrictions that apply to restricting the release of documents or leased records. testimony may seek review of the deci- (a) The Counsel may impose condi- sion by filing a written Notice of Inten- tions or restrictions on the release of tion to Petition for Review (Notice) official records and information, in- within five business days of the date of cluding the requirement that parties to this decision. The Notice shall identify the proceeding obtain a protective the petitioner, the adverse decision, order or execute a confidentiality and any dates (such as deposition, agreement to limit access and any fur- hearing, or court dates) that are sig- ther disclosure. The terms of the pro- nificant to the party. The Notice shall tective order or of a confidentiality be served in accordance with § 2004.23. agreement must be acceptable to the (2) Petition for review. Within five Counsel. In cases where protective or- business days of the filing of a Notice, ders or confidentiality agreements the person or party seeking review have already been executed, OIG may shall file a Petition for Review (Peti- condition the release of official records tion) containing a clear and concise and information on an amendment to statement of the issues to be reviewed the existing protective order or con- and the reasons why the review is ap- fidentiality agreement. propriate. The petition shall include (b) If the Counsel so determines, exceptions to any findings of fact or original OIG records may be presented conclusions of law made, together with for examination in response to a de- supporting reasons and arguments for mand or request, but they are not to be such exceptions based on appropriate presented as evidence or otherwise used citations to such record or law as may in a manner by which they could lose exist. These reasons may be stated in their identity as official OIG records, summary form. Decisions on the Peti- nor are they to be marked or altered. tion may be made by either the Inspec- In lieu of the original records, certified tor General or the Counsel and shall copies will be presented for evidentiary become the final decisions of the OIG. purposes. The Petition will be served in accordance with § 2004.23. § 2004.28 Procedure in the event of an (d) Prerequisite to judicial review. Pur- adverse ruling. suant to Section 704 of the Administra- (a) Opportunity to review adverse rul- tive Procedure Act, 5 U.S.C. 704, a petition to the agency for review of a deci- ing. Any person aggrieved by a decision sion made under the authority of this made by the Counsel under this part part is a prerequisite to the seeking of denying a request for documents or tes- judicial review of the final decision. timony, or restricting the release of documents or testimony, may seek re- [70 FR 36791, June 24, 2005] view of that decision pursuant to paragraph (c) of this section. § 2004.29 Fees. (b) Procedure in the event of conflicting (a) Generally. The Counsel may condi- court order. If the Inspector General or tion the production of records or ap- Counsel declines to approve a demand pearance for testimony upon advance for records or testimony and a court or payment of a reasonable estimate of other authority rules that the demand the costs to OIG. must be complied with irrespective of (b) Fees for records. Fees for producing the instructions from the OIG not to records will include fees for searching, produce the material or disclose the in- reviewing, and duplicating records, formation sought, the employee or costs of attorney time spent in review- former employee upon whom the de- ing the demand or request, and ex- mand has been made shall respectfully penses generated by materials and decline to comply with the demand, equipment used to search for, produce, citing United States ex rel. Touhy v. and copy the responsive information. Ragen, 340 U.S. 462 (1951). Costs for employee time will be cal- (c) Procedure—(1) Notice of intention to culated on the basis of the hourly pay petition for review. A party or any per- of the employee (including all pay, al- son aggrieved by the decision made lowance, and benefits). Fees for dupli- pursuant to this part denying or re- cation will be the same as those

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00033 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 2004.29 24 CFR Ch. XII (4–1–19 Edition)

charged by OIG in its Freedom of Infor- cation fees by submitting to the Coun- mation Act Regulations at 24 CFR part sel a check or money order for the ap- 2002. propriate amount made payable to the (c) Witness fees. Fees for attendance Treasury of the United States. In the by a witness will include fees, expenses, case of testimony by former OIG em- and allowances prescribed by the ployees, you must pay applicable fees court’s rules. If no such fees are pre- directly to the former employee in ac- scribed, witness fees will be determined cordance with applicable statutes. based upon the rule of the federal dis- (e) Waiver or reduction of fees. The trict court closest to the location Counsel, in his or her sole discretion, where the witness will appear. Such may, upon a showing of reasonable fees will include cost of time spent by cause, waive or reduce any fees in con- the witness to prepare for testimony, nection with the testimony or produc- in travel, and for attendance in the tion of records. Additionally, fees will legal proceeding. not be assessed if the total charge (d) Payment of fees. You must pay any would be $10.00 or less. applicable witness fees for current OIG employees and any records certifi- PARTS 2005–2099 [RESERVED]

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00034 Fmt 8010 Sfmt 8006 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CHAPTER XV—EMERGENCY MORTGAGE INSURANCE AND LOAN PROGRAMS, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [RESERVED]

PARTS 2700–2799 [Reserved]

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00035 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00036 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CHAPTER XX—OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Part Page 3200–3279 [Reserved] 3280 Manufactured home construction and safety standards ...... 29 3282 Manufactured home procedural and enforcement regulations ...... 139 3284 Manufactured housing program fee ...... 204 3285 Model manufactured home installation standards .. 205 3286 Manufactured home installation program ...... 254 3288 Manufactured home dispute resolution program .... 277 3289–3799 [Reserved] 3800 Investigations in consumer regulatory programs ... 286 3801–3899 [Reserved]

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00037 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00038 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR PARTS 3200–3279 [RESERVED] 3280.308 Formaldehyde emission controls for certain wood products. 3280.309 Health Notice on formaldehyde PART 3280—MANUFACTURED emissions. HOME CONSTRUCTION AND SAFETY STANDARDS Subpart E—Testing 3280.401 Structural load tests. Subpart A—General 3280.402 Test procedures for roof trusses. 3280.403 Requirements for windows, sliding Sec. glass doors, and skylights. 3280.1 Scope. 3280.404 Standard for egress windows and 3280.2 Definitions. devices for use in manufactured homes. 3280.3 Manufactured home procedural and 3280.405 Standard for swinging exterior pas- enforcement regulations and consumer sage doors for use in manufactured manual requirements. homes. 3280.4 Incorporation by reference. 3280.406 Air chamber test method for certifi- 3280.5 Data plate. cation and qualification of formaldehyde 3280.6 Serial number. emission levels. 3280.7 Excluded structures. 3280.8 Waivers. Subpart F—Thermal Protection 3280.9 Interpretative bulletins. 3280.10 Use of alternative construction. 3280.501 Scope. 3280.11 Certification label. 3280.502 Definitions. 3280.503 Materials. Subpart B—Planning Considerations 3280.504 Condensation control and installation of vapor retarders. 3280.101 Scope. 3280.505 Air infiltration. 3280.102 Definitions. 3280.506 Heat loss/heat gain. 3280.103 Light and ventilation. 3280.507 Comfort heat gain. 3280.104 Ceiling heights. 3280.508 Heat loss, heat gain and cooling 3280.105 Exit facilities; exterior doors. load calculations. 3280.106 Exit facilities; egress windows and 3280.509 Criteria in absence of specific data. devices. 3280.510 Heat loss certificate. 3280.107 Interior privacy. 3280.511 Comfort cooling certificate and in- 3280.108 Interior passage. formation. 3280.109 Room requirements. 3280.110 Minimum room dimensions. Subpart G—Plumbing Systems 3280.111 Toilet compartments. 3280.112 Hallways. 3280.601 Scope. 3280.113 Glass and glazed openings. 3280.602 Definitions. 3280.603 General requirements. Subpart C—Fire Safety 3280.604 Materials. 3280.605 Joints and connections. 3280.201 Scope. 3280.606 Traps and cleanouts. 3280.202 Definitions. 3280.607 Plumbing fixtures. 3280.203 Flame spread limitations and fire 3280.608 Hangers and supports. protection requirements. 3280.609 Water distribution systems. 3280.204 Kitchen cabinet protection. 3280.610 Drainage systems. 3280.205 Carpeting. 3280.611 Vents and venting. 3280.206 Firestopping. 3280.612 Tests and inspection. 3280.207 Requirements for thermal insulating materials. Subpart H—Heating, Cooling and Fuel 3280.208 Requirements for foam plastic ther- Burning Systems mal insulating materials. 3280.209 Smoke alarm requirements. 3280.701 Scope. 3280.210 Fire testing. 3280.702 Definitions. 3280.703 Minimum standards. Subpart D—Body and Frame Construction 3280.704 [Reserved] Requirements 3280.705 Gas piping systems. 3280.706 Oil piping systems. 3280.301 Scope. 3280.707 Heat producing appliances. 3280.302 Definitions. 3280.708 Exhaust duct system and provisions 3280.303 General requirements. for the future installation of a clothes 3280.304 Materials. dryer. 3280.305 Structural design requirements. 3280.709 Installation of appliances. 3280.306 Windstorm protection. 3280.710 Venting, ventilation and combus- 3280.307 Resistance to elements and use. tion air.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00039 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.1 24 CFR Ch. XX (4–1–19 Edition)

3280.711 Instructions. provided in individual parts. The defi- 3280.712 Marking. nitions are as follows: 3280.713 Accessibility. Approved, when used in connection 3280.714 Appliances, cooling. 3280.715 Circulating air systems. with any material, appliance or construction, means complying with the Subpart I—Electrical Systems requirements of the Department of Housing and Urban Development. 3280.801 Scope. Bay window—a window assembly 3280.802 Definitions. 3280.803 Power supply. whose maximum horizontal projection 3280.804 Disconnecting means and branch- is not more than two feet from the circuit protective equipment. plane of an exterior wall and is ele- 3280.805 Branch circuits required. vated above the floor level of the home. 3280.806 Receptacle outlets. Certification label means the approved 3280.807 Fixtures and appliances. form of certification by the manufac- 3280.808 Wiring methods and materials. turer that, under § 3280.8, is perma- 3280.809 Grounding. 3280.810 Electrical testing. nently affixed to each transportable 3280.811 Calculations. section of each manufactured home 3280.812 Wiring of expandable units and dual manufactured for sale in the United units. States. 3280.813 Outdoor outlets, fixtures, air condi- Dwelling unit means one or more hab- tioning equipment, etc. itable rooms which are designed to be 3280.814 Painting of wiring. occupied by one family with facilities 3280.815 Polarization. 3280.816 Examination of equipment for safe- for living, sleeping, cooking and eat- ty. ing. Equipment includes materials, appli- Subpart J—Transportation ances, devices, fixtures, fittings or accessories both in the construction of, 3280.901 Scope. 3280.902 Definitions. and in the fire safety, plumbing, heat- 3280.903 General requirements for designing producing and electrical systems of the structure to withstand transpor- manufactured homes. tation shock and vibration. Federal manufactured home construc- 3280.904 Specific requirements for designing tion and safety standard means a rea- the transportation system. sonable standard for the construction, AUTHORITY: 42 U.S.C. 3535(d), 5403, and 5424. design, and performance of a manufactured home which meets the needs of SOURCE: 40 FR 58752, Dec. 18, 1975, unless otherwise noted. Redesignated at 44 FR 20679, the public including the need for qual- Apr. 6, 1979. ity, durability, and safety. Installations means all arrangements Subpart A—General and methods of construction, as well as fire safety, plumbing, heat-producing § 3280.1 Scope. and electrical systems used in manufactured homes. This standard covers all equipment Labeled means a label, symbol or and installations in the design, con- other identifying mark of a nationally struction, transportation, fire safety, recognized testing laboratory, inspec- plumbing, heat-producing and election agency, or other organization con- trical systems of manufactured homes cerned with product evaluation that which are designed to be used as dwell- maintains periodic inspection of pro- ing units. This standard seeks to the duction of labeled equipment or mate- maximum extent possible to establish rials, and by whose labeling is indi- performance requirements. In certain cated compliance with nationally rec- instances, however, the use of specific ognized standards or tests to determine requirements is necessary. suitable usage in a specified manner. [58 FR 55002, Oct. 25, 1993] Length of a manufactured home means its largest overall length in the trav- § 3280.2 Definitions. eling mode, including cabinets and Definitions in this subpart are those other projections which contain inte- common to all subparts of the standard rior space. Length does not include bay and are in addition to the definitions windows, roof projections, overhangs,

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00040 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.2

or eaves under which there is no inte- (HUD Handbook 4900.1) or that it is rior space, nor does it include draw- automatically eligible for financing bars, couplings or hitches. under 12 U.S.C. 1709(b). Listed or certified means included in a Manufactured home construction list published by a nationally recog- means all activities relating to the as- nized testing laboratory, inspection sembly and manufacture of a manufac- agency, or other organization con- tured home including, but not limited cerned with product evaluation that to, those relating to durability, quality maintains periodic inspection of pro- and safety. duction of listed equipment or mate- Manufactured home safety means the rials, and whose listing states either performance of a manufactured home that the equipment or material meets nationally recognized standards or has in such a manner that the public is been tested and found suitable for use protected against any unreasonable in a specified manner. risk of the occurrence of accidents due Manufacturer means any person en- to the design or construction of such gaged in manufacturing or assembling manufactured home, or any unreason- manufactured homes, including any able risk of death or injury to the user person engaged in importing manufac- or to the public if such accidents do tured homes for resale. occur. Manufactured home means a struc- Registered Engineer or Architect means ture, transportable in one or more sec- a person licensed to practice engineer- tions, which in the traveling mode is 8 ing or architecture in a state and sub- body feet or more in width or 40 body ject to all laws and limitations im- feet or more in length or which when posed by the state’s Board of Engineer- erected on-site is 320 or more square ing and Architecture Examiners and feet, and which is built on a permanent who is engaged in the professional chassis and designed to be used as a practice of rendering service or cre- dwelling with or without a permanent ative work requiring education, train- foundation when connected to the re- ing and experience in engineering quired utilities, and includes the sciences and the application of special plumbing, heating, air-conditioning, knowledge of the mathematical, phys- and electrical systems contained in the ical and engineering sciences in such structure. This term includes all struc- professional or creative work as con- tures that meet the above requirements except the size requirements and sultation, investigation, evaluation, with respect to which the manufac- planning or design and supervision of turer voluntarily files a certification construction for the purpose of secur- pursuant to § 3282.13 of this chapter and ing compliance with specifications and complies with the construction and design for any such work. safety standards set forth in this part Secretary means the Secretary of 3280. The term does not include any Housing and Urban Development, or an self-propelled recreational vehicle. Cal- official of the Department delegated culations used to determine the num- the authority of the Secretary with re- ber of square feet in a structure will inspect to title VI of Pub. L. 93–383. clude the total of square feet for each State includes each of the several transportable section comprising the States, the District of Columbia, the completed structure and will be based Commonwealth of Puerto Rico, Guam, on the structure’s exterior dimensions the Virgin Islands, the Canal Zone, and measured at the largest horizontal pro- American Samoa. jections when erected on site. These di- Width of a manufactured home means mensions will include all expandable its largest overall width in the trav- rooms, cabinets, and other projections eling mode, including cabinets and containing interior space, but do not other projections which contain inte- include bay windows. Nothing in this definition should be interpreted to rior space. Width does not include bay mean that a manufactured home nec- windows, roof projections, overhangs, essarily meets the requirements of HUD’s Minimum Property Standards

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00041 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.3 24 CFR Ch. XX (4–1–19 Edition)

or eaves under which there is no inte- Archives and Records Administration rior space. (NARA). For more information on the [40 FR 58752, Dec. 18, 1975, as amended at 42 availability of this material at NARA, FR 960, Jan. 4, 1977. Redesignated at 44 FR call 202–741–6030 or go to http:// 20679, Apr. 6, 1979, as amended at 47 FR 28092, www.archives.gov/federallregister. June 29, 1982; 58 FR 55002, Oct. 25, 1993; 61 FR (b) Air Conditioning & Refrigeration 5216, Feb. 9, 1996; 72 FR 27228, May 14, 2007] Institute (ARI), 4100 North Fairfax § 3280.3 Manufactured home proce- Drive, Suite 200, Arlington, VA 22203, dural and enforcement regulations telephone number 703–524–8800, fax and consumer manual require- number 703–528–3816, Web site: http:// ments. www.lightindustries.com/ARI/. A manufacturer must comply with (1) ANSI/ARI Standard 210/240–89, the requirements of this part 3280, part Unitary Air-Conditioning and Air- 3282 of this chapter, and 42 U.S.C. 5416. Source Heat Pump Equipment, IBR ap- [61 FR 18250, Apr. 25, 1996] proved for §§ 3280.511(b), 3280.703, and 3280.714(a), § 3280.4 Incorporation by reference. (2) [Reserved] (a) The specifications, standards, and (c) Aluminum Association (AA), 1525 codes of the following organizations Wilson Blvd., Suite 600, Arlington, VA are incorporated by reference in 24 CFR 22209; telephone number 703–358–2960, part 3280 (this Standard) pursuant to 5 fax number 703–358–3921; Web site: U.S.C. 552(a) and 1 CFR part 51 as http://www.aluminum.org. though set forth in full. The incorpora- (1) Aluminum Design Manual, Speci- tion by reference of these standards fications and Guidelines for Aluminum has been approved by the Director of Structures, Part 1–A, Sixth Edition, the Federal Register. Incorporated October 1994, IBR approved for standards have the same force and ef- § 3280.304(b). fect as this Standard (24 CFR part (2) Aluminum Design Manual, Speci- 3280), except that whenever reference fications and Guidelines for Aluminum standards and this Standard are incon- Structures, Part 1–B, First Edition, Oc- sistent, the requirements of this Stand- ard prevail to the extent of the incon- tober 1994, IBR approved for sistency. The Department will enforce § 3280.304(b). the listed editions of material incor- (d) American Architectural Manufac- porated by this section. Where two or turers Association (AAMA), 1827 Wal- more incorporated standards are equiv- den Office Square, Suite 550, alent in application, the manufacturer Schaumburg, IL 60173, telephone num- may use either standard. If a later edi- ber 847–303–5664, fax number 847–303– tion is to be enforced, the Department 5774, Web site: http://www.aamanet.org. will publish a notice of change in the (1) AAMA 1503.1–88, Voluntary Test FEDERAL REGISTER. These incorporated Method for Thermal Transmittance standards are available for purchase and Condensation Resistance of Win- from the organization that developed dows, Doors, and Glazed Wall Sections, the standard at the corresponding ad- IBR approved for § 3280.508(e). dresses noted below. Incorporated (2) AAMA 1600/I.S.7–00, Voluntary standards are available for inspection Specification for Skylights, 2003 IBR at the Office of Manufactured Housing approved for § 3280.305(c). Program, Manufactured Housing and (3) AAMA 1701.2–95, Voluntary Stand- Construction Standards Division, U.S. ard Primary Window and Sliding Glass Department of Housing and Urban De- velopment, 451 Seventh Street SW., Door for Utilization in Manufactured Room B–133, Washington, DC 20410. Housing, IBR approved for §§ 3280.403(e) Copies of incorporated standards that and 3280.404(b). are not available from their producer (4) AAMA 1702.2–95, Voluntary Stand- organizations may be obtained from ard Swinging Exterior Passage Door the Office of Manufactured Housing for Utilization in Manufactured Hous- Programs. These standards are also ing, IBR approved for § 3280.405(b) and available for inspection at the National (e).

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00042 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.4

(5) AAMA Standard 1704–1985, Vol- (3) ANSI/AHA A135.6–1998, Hardboard untary Standard Egress Window Sys- Siding, IBR approved for § 3280.304(b). tems for Utilization in Manufactured (h) American Institute of Steel Con- Housing, IBR approved for § 3280.404(b). struction (AISC), One East Wacker (6) AAMA/WDMA/CSA/101/I.S.2/A440– Drive, Chicago, IL 60601, telephone 08 North American Fenestration Stand- number 312–670–2400, fax number 312– ard/Specification for Windows, Doors 670–5403, Web site: http://www.aisc.org/. and Skylights, January 2008, IBR ap- (1) AISC–S335, 1989. Specification for proved for § 3280.403(b) and (e). Structural Steel Buildings—Allowable (7) ANSI/AAMA/NWWDA 101/I.S.2– Stress Design and Plastic Design (ex- 97,Voluntary Specifications for Alu- cept for the following parts of this minum, Vinyl (PVC) and Wood Win- standard which are not incorporated by dows and Glass Doors, IBR approved for reference: 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.4.6, § 3280.304(b). 1.5.1.5, 1.5.5, 1.6, 1.7, 1.8, 1.9, 1.10.4 (e) American Forest and Paper Asso- through 1.10.7, 1.10.9, 1.11, 1.13, 1.14.5, ciation (AFPA), 1111 Nineteenth 1.17.7 through 1.17.9, 1.19.1, 1.19.3, 1.20, Street, Suite 800, Washington, DC 20036 1.21, 1.23.7, 1.24, 1.25.1 through 1.25.5, (previously named National Forest 1.26.4, 2.3, 2.4, 2.8 through 2.10), June 1, Products Association (NFPA), tele- 1989, IBR approved for §§ 3280.304(b) and phone number 1–800–878–8878, Web site: 3280.305(j). http://www.afandpa.org. (2) [Reserved] (1) AFPA, Design Values for Joists (i) American Iron and Steel Institute and Rafters 1992, IBR approved for (AISI), 25 Massachusetts Ave., NW., § 3280.304(b). Suite 800, Washington, DC 20001, tele- (2) AFPA PS–20–70, Span Tables for phone number 202–452–7100, Web site: Joists and Rafters, 1993, IBR approved http://www.steel.org. for § 3280.304(b). (1) AISI, Specification for the Design (3) ANSI/AFPA NDS–2001, National of Cold-Formed Steel Structural Mem- Design Specifications for Wood Con- bers, 1996, IBR approved for struction, 2001 Edition, with Supple- §§ 3280.304(b) and 3280.305(j). ment, Design Values for Wood Con- struction, November 30, 2001, IBR ap- (2) [Reserved] proved for § 3280.304(b). (j) American National Standards In- (4) AFPA, Wood Structural Design stitute (ANSI), 25 West 43rd Street, 4th Data, 1986 Edition with 1992 Revisions, floor, New York, NY 10018, telephone IBR approved for § 3280.304(b). number 212–642–4900, fax number 212– (f) American Gas Association (AGA), 398–0023, Web site: http://www.ansi.org. 400 North Capitol Street NW., Wash- (1) ANSI A112.14.1–1975, Backflow ington, DC 20001, telephone number Valves, IBR approved for § 3280.604(b). 202–824–7000, Web site: http:// (2) ANSI A112.19.5–1979, Trim for www.aga.org/Pages/default.aspx. Water Closet, Bowls, Tanks, and Uri- (1) AGA No. 3–87, Requirements for nals, IBR approved for § 3280.604(b). Gas Connectors for Connection of Fixed (3) ANSI/AITC A190.1–1992, For wood Appliances for Outdoor Installation, products—Structural Glued Laminated Park Trailers, and Manufactured (Mo- Timber, IBR approved for § 3280.304(b). bile) Homes to the Gas Supply, IBR ap- (4) ANSI A208.1–1999, Particleboard, proved for § 3280.703. IBR approved for § 3280.304(b). (2) [Reserved] (5) ANSI A208.2–2002, Medium Density (g) American Hardboard Association Fiberboard (MDF) For Interior Appli- (AHA), 1210 West NW Highway, Pala- cations, approved May 13, 2002, IBR ap- tine, IL 60067, Web site: http://hard- proved for § 3280.304(b). board.org. (6) ANSI B16.18–1984, Cast Copper (1) ANSI/AHA A135.4–1995, Basic Alloy Solder-Joint Pressure Fittings, Hardboard, IBR approved for IBR approved for § 3280.604(b). § 3280.304(b). (7) ANSI C72.1–1972, section 4.3.1, (2) ANSI/AHA A135.5–1995, Prefinished Household Automatic Electric Storage Hardboard Paneling, IBR approved for Type Water Heaters, IBR approved for § 3280.304(b). § 3280.707(d).

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00043 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.4 24 CFR Ch. XX (4–1–19 Edition)

(8) ANSI/IAS LC 1–1997, Fuel Gas Pip- ings—Safety Performance Specifica- ing Systems Using Corrugated Stain- tions and Methods of Test, copyright less Steel Tubing (CSST), approved Oc- 2004, IBR approved for §§ 3280.113(c), tober 28, 1996, IBR approved for 3280.304(b), 3280.403(d)(1), 3280.604(b), and § 3280.705(b). 3280.607(b). (9) ANSI Z21.1–2000, Household Cook- (23) ANSI Z124.1–1987, Plastic Bathtub ing Gas Appliances, IBR approved for Units with Addendum Z124.1a–1990 and § 3280.703. Z124.1b–1991, IBR approved for (10) ANSI Z21.5.1–1999, Gas Clothes § 3280.604(b). Dryers Volume 1, Type 1 Clothes Dry- (24) ANSI Z124.2–1987, Plastic Shower ers, with Addendum Z21.5.1a–1999, IBR Receptors and Shower Stalls with Ad- approved for § 3280.703. dendum Z124.2a–1990, IBR approved for (11) ANSI Z21.10.1–1998, Gas Water § 3280.604(b). Heaters—Volume 1, Storage Water (25) ANSI Z124.3–1986, Plastic Lava- Heaters with Input Ratings of 75,000 tories with Addendum Z124.3a–1990, IBR BTU per hour or Less, with Addendum approved for § 3280.604(b). Z21.10.1a–2000, IBR approved for (26) ANSI Z124.4–1986, Plastic Water §§ 3280.703 and 3280.707(d). Closets, Bowls, and Tanks with Ad- (12) ANSI Z21.15–1997, Manually Oper- denda Z124.4a–1990, IBR approved for ated Gas Valves for Appliances, Appli- § 3280.604(b). ance Connector Valves and Hose End (27) ANSI Z124.5–1997, Plastic Toilet Valves, IBR approved for §§ 3280.703 and (Water Closets) Seats, IBR approved for 3280.705(c). § 3280.604(b). (13) ANSI Z21.19–1990, with Addendum (28) ANSI Z124.7–1997, Prefabricated ANSI Z21.19a–1992 and Z21.19b–1995, Re- Plastic Spa Shells, IBR approved for frigerators Using Gas Fuel, IBR ap- § 3280.604(b). proved for § 3280.703. (29) ANSI Z–124.9–1994, Plastic Urinal (14) ANSI Z21.20 with Addendum Fixtures, IBR approved for § 3280.604(b). Z21.20a–2000, Automatic Gas Ignition (k) The Engineered Wood Association Systems and Components, IBR ap- (APA) (formerly the American Plywood proved for § 3280.703. Association), 7011 South 19th Street, (15) ANSI Z21.21–2000, Automatic Tacoma, WA 98411, telephone number Valves for Gas Appliances, IBR ap- 253–565–6600, fax number 253–565–7265, proved for § 3280.703. Web site: http://www.apawood.org. (16) ANSI Z21.22–1999, Relief Valves for Hot Water Supply Systems, IBR ap- (1) APA D410A–2004, Panel Design proved for §§ 3280.604(b) and 3280.703. Specification, IBR approved for (17) ANSI Z21.23–1993, Gas Appliance § 3280.304(b). Thermostats, approved August 10, 1993, (2) APA E30P–1996, APA Design/Con- IBR approved for § 3280.703. struction Guide, Residential and Com- (18) ANSI Z21.24–1997/CGA 6.10–M97, mercial Structures, IBR approved for Connectors for Gas Appliances, IBR ap- § 3280.304(b). proved for § 3280.703. (3) APA E30R, Engineered Wood Con- (19) ANSI Z21.40.1–1996/CGA 2.91–M96, struction Guide, revised January 2001, Gas-Fired, Heat Activated Air Condi- IBR approved for § 3280.304(b). tioning and Heat Pump Appliances, (4) APA H815E–1995 (PDS Supplement IBR approved for §§ 3280.703 and #5), Design and Fabrication of All-Ply- 3280.714(a). wood Beams, IBR approved for (20) ANSI Z21.47–1990 with Addendum § 3280.304(b). Z21.47a–1990 and Z21.47b–1992, Gas-Fired (5) APA S 811M–1990 (PDS Supple- Central Furnaces (Except Direct Vent ment 1), Design and Fabrication of Ply- System Central Furnaces), IBR ap- wood Curved Panels, IBR approved for proved for § 3280.703. § 3280.304(b). (21) ANSI Z34.1–1993, Third-Party Cer- (6) APA S 812R, Design and Fabrica- tification Programs for Products, Proc- tion of Glued Plywood-Lumber Beams, esses, and Services, IBR approved for revised November 1998, Supplement #2, §§ 3280.403(e) and 3280.405(e). July 1992 IBR approved for § 3280.304. (22) ANSI Z97.1–2004, Standard for (7) APA U 813L, Design and Fabrica- Safety Glazing Materials used in Build- tion of Plywood Stressed-Skin Panels,

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00044 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.4

revised April 1996, Supplement # 3, Au- (3) ANSI/ASME A112.4.3–1999, Plastic gust 1992, IBR approved for § 3280.304(b). Fittings for Connecting Water Closets (8) APA U 814H, Design and Fabrica- to the Sanitary Drainage System, IBR tion of Plywood, Sandwiched Panels, approved for § 3280.604(b). revised September 1993, Supplement #4, (4) ASME/ANSI A112.18.1M–1989, March 1990, IBR approved for Plumbing Fixture Fittings, IBR ap- § 3280.304(b). proved for § 3280.604(b). (l) American Society of Civil Engi- (5) ASME A112.18.3M–1996, Perform- neers (ASCE), 1801 Alexander Bell ance Requirements for Backflow Pro- Drive, Reston, VA 20191, telephone tection Devices and Systems in Plumb- number 800–548–2723, Web site: http:// ing Fixture Fittings, IBR approved for www.asce.org. § 3280.604(b). (1) ANSI/ASCE 7–88, Minimum Design (6) ASME A112.18.6–1999, Flexible Loads for Buildings and Other Struc- Water Connectors, IBR approved for tures, IBR approved for §§ 3280.5(f), § 3280.604(b). 3280.304(b), and 3280.305(c). (7) ASME A112.18.7–1999, Deck Mount- (2) SEI/ASCE 8–02, Specification for ed Bath/Shower Transfer Valves with the Design of Cold-Formed Stainless Integral Backflow Protection, IBR ap- Steel Structural Members, 2002, IBR proved for § 3280.604(b). approved for §§ 3280.304(b) and (8) ANSI/ASME A112.19.1M–1987, 3280.305(j). Enameled Cast Iron Plumbing Fix- (3) ASCE 19–96, Structural Applica- tures, IBR approved for § 3280.604(b). tions of Steel Cables for Buildings, IBR (9) ANSI/ASME A112.19.2(M)–1990, approved for § 3280.304(b). Vitreous China Plumbing Fixtures, (m) American Society of Heating, Re- IBR approved for § 3280.604(b). frigeration and Air Conditioning Engi- (10) ANSI/ASME A112.19.3M–1987, neers (ASHRAE), 1791 Tullie Circle Stainless Steel Plumbing Fixtures (De- NE., Atlanta, GA 30329, telephone num- signed for Residential Use), IBR ap- ber 404–636–8400, fax number 404–321– proved for § 3280.604(b). 5478, Web site: https://www.ashrae.org/ (11) ANSI/ASME A112.19.4(M)–1984, home/. Porcelain Enameled Formed Steel (1) 1997 ASHRAE Handbook of Fun- Plumbing Fixtures, IBR approved for damentals, Inch-Pound Edition (1997), § 3280.604(b). chapters 22 through 27, (except for the following parts of this standard that (12) ASME A112.19.6–1995, Hydraulic are not incorporated by reference: 23.1 Performance Requirements for Water Steel Frame Construction; 23.2 Ma- Closets and Urinals, IBR approved for sonry Construction; 23.3 Foundations § 3280.604(b). and Floor Systems; 23.15 Pipes; 23.17 (13) ASME/ANSI A112.19.7M–1987, Tanks, Vessels, and Equipment; 23.18 Whirlpool Bathtub Appliances, IBR ap- Refrigerated Rooms and Buildings; proved for § 3280.604(b). 24.18 Mechanical and Industrial Sys- (14) ASME/ANSI A112.19.8M–1989, Suc- tems; 25.19 Commercial Building Enve- tion Fittings for Use in Swimming lope Leakage; 27.9 Calculation of Heat Pools, Wading Pools, Spas, Hot Tubs, Loss from Crawl Spaces). IBR approved and Whirlpool Bathtub Appliances, IBR for §§ 3280.508(a), 3280.508(e), and approved for § 3280.604(b). 3280.511(a). (15) ASME A112.19.9M–1991, Non-Vit- (2) [Reserved] reous Ceramic Plumbing Fixtures, IBR (n) ASME (formally the American approved for § 3280.604(b). Society of Mechanical Engineers), Two (16) ASME A112.19.10–1994, Dual Flush Park Avenue, New York, NY 10016–5990, Devices for Water Closets, IBR ap- telephone number 800–843–2763, Web proved for § 3280.604(b). site: http://www.asme.org/. (17) ANSI/ASME A112.21.3M–1985, Hy- (1) ASME A112.1.2–1991, Air Gaps in drants for Utility and Maintenance Plumbing Systems, IBR approved for Use, IBR approved for § 3280.604(b). § 3280.604(b). (18) ANSI/ASME B1.20.1–1983, Pipe (2) ANSI/ASME A112.4.1–1993, Water Threads, General Purpose (Inch), IBR Heater Relief Valve Drain Tubes, IBR approved for §§ 3280.604(b), 3280.703, approved for § 3280.604(b). 3280.705(e), and 3280.706(d).

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00045 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.4 24 CFR Ch. XX (4–1–19 Edition)

(19) ANSI/ASME B16.3–1992, Malleable (7) ASSE 1014–1989 (ANSI–1990), Per- Iron Threaded Fittings, IBR approved formance Requirements for Hand-held for § 3280.604(b). Showers, IBR approved for § 3280.604(b). (20) ANSI/ASME B16.4–1992, Gray Iron (8) ASSE 1016–2005, Performance Re- Threaded Fittings, IBR approved for quirements for Automatic Compen- § 3280.604(b). sating Values for Individual Shower (21) ANSI/ASME B16.15–1985, Cast and Tub/Shower Combinations, ap- Bronze Threaded Fittings, Classes 125 proved January 2005, IBR approved for and 250, IBR approved for § 3280.604(b). §§ 3280.604(b) and 3280.607(b). (22) ASME/ANSI B16.22–1989, (9) ASSE 1017–1986, Performance Re- Wrought-Copper and Copper Alloy Sol- quirements for Temperature Activated der-Joint Pressure Fitting, IBR ap- Mixing Valves for Primary Domestic proved for § 3280.604(b). Use, IBR approved for § 3280.604(b). (23) ASME B16.23–1992, Cast Copper (10) ANSI/ASSE 1019–1978, Perform- Alloy Solder-Joint Drainage Fittings- ance Requirements for Wall Hydrants, DWV, IBR approved for § 3280.604(b). Frost Proof Automatic Draining, Anti- (24) ASME/ANSI B16.26–1988, Cast Backflow Types, IBR approved for Copper Alloy Fittings for Flared Cop- § 3280.604(b). per Tubes, IBR approved for (11) ASSE 1023 (ANSI/ASSE–1979), § 3280.604(b). Performance Requirements for Hot Water Dispensers, Household Storage (25) ASME/ANSI B16.29–1986, Wrought Type Electrical, IBR approved for Copper and Wrought Copper Alloy Sol- § 3280.604(b). der-Joint Drainage Fittings-DWV, IBR (12) ASSE 1025 (ANSI/ASSE–1978), approved for § 3280.604(b). Performance Requirements for (26) ANSI/ASME B36.10–1979, Welding Diverters for Plumbing Faucets with and Seamless Wrought Steel Pipe, IBR Hose Spray, Anti-Siphon Type, Resi- approved for §§ 3280.604(b), 3280.703, dential Applications, IBR approved for 3280.705(b), and 3280.706(b). § 3280.604(b). (o) American Society of Sanitary En- (13) ASSE 1037–1990 (ANSI–1990), Per- gineering (ASSE), 901 Canterbury, formance Requirements for Pressurized Suite A, Westlake, OH 44145, phone Flushing Devices (Flushometers) for number 440–835–3040, fax number 440– Plumbing Fixtures, IBR approved for 835–3488, Web site: http://www.asse- § 3280.604(b). plumbing.org. (14) ASSE 1051 Revised 1996 (ANSI (1) ASSE 1001 (ANSI Approved 1990), 1998), Performance Requirements for Performance Requirements for Pipe Air Admittance Valves for Plumbing Applied Atmospheric Type Vacuum Drainage Systems—Fixture and Branch Breakers, IBR approved for § 3280.604(b). Devices, IBR approved for § 3280.604(b). (2) ASSE 1002 Revision 5–1986 (ANSI/ (15) ASSE 1070–2004, Performance Re- ASSE–1979), Performance Require- quirements for Water Temperature ments for Water Closet Flush Tank Fill Limiting Devices, IBR approved for Valves (Ballcocks), IBR approved for §§ 3280.604(b) and 3280.607(b). § 3280.604(b). (p) American Society for Testing and (3) ASSE 1006 (ASSE/ANSI–1986), Materials (ASTM), 100 Barr Harbor Plumbing Requirements for Residen- Drive, West Conshohocken, PA 19428, tial Use (Household) Dishwashers, IBR (610) 832–9500, fax number 610–832–9555, approved for § 3280.604(b). Web site: http://www.astm.org. (4) ASSE 1007–1986, Performance Re- (1) ASTM A53–93. Standard Specifica- quirements for Home Laundry Equip- tion for Pipe, Steel, Black and Hot- ment, IBR approved for § 3280.604(b). Dipped, Zinc-Coated, Welded and Seam- (5) ASSE 1008–1986, Performance Re- less, IBR approved for §§ 3280.604(b) and quirements for Household Food Waste 3280.703. Disposer Units, IBR approved for (2) ASTM A74–92, Standard Specifica- § 3280.604(b). tion for Cast Iron Soil Pipe and Fit- (6) ASSE 1011–1981 (ANSI–1982), Per- tings, IBR approved for § 3280.604(b). formance Requirements for Hose Con- (3) ASTM A539–99, Standard Speci- nection Vacuum Breakers, IBR ap- fication for Electric-Resistance-Welded proved for § 3280.604(b). Coiled Steel Tubing for Gas and Fuel

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00046 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.4

Oil Lines, IBR approved for §§ 3280.703, (17) ASTM D2665–91b, Standard Speci- 3280.705(b), and § 3280.706(b). fication for Poly (Vinyl Chloride) (4) ASTM B42–93, Standard Specifica- (PVC) Plastic Drain, Waste, and Vent tion for Seamless Copper Pipe, Stand- Pipe and Fittings, IBR approved for ard Sizes, IBR approved for §§ 3280.604 § 3280.604(b). and 3280.703. (18) ASTM D2846–92, Standard Speci- (5) ASTM B43–91, Standard Specifica- fication for Chlorinated Poly (Vinyl tion for Seamless Red Brass Pipe, Chloride) (CPVC) Plastic Hot- and Standard Sizes, IBR approved for Cold-Water Distribution Systems, IBR §§ 3280.604(b) and 3280.705(b). approved for § 3280.604(b). (6) ASTM B88–93, Standard Specifica- (19) ASTM D3309–92a, Standard Speci- tion for Seamless Copper Water Tube, fication for Polybutylene (PB) Plastic IBR approved for §§ 3280.604, 3280.703, Hot- and Cold-Water Distribution Sys- 3280.705(b), and 3280.706(b). tems, IBR approved for § 3280.604(b). (7) ASTM B251–93, Standard Speci- (20) ASTM D3311–92, Standard Speci- fication for General Requirements for fication for Drain, Waste, and Vent Wrought Seamless Copper and Copper- (DWV) Plastic Fittings Patterns, IBR Alloy Tube, IBR approved for §§ 3280.604 approved for § 3280.604(b). and 3280.703. (21) ASTM D3953–97, Standard Speci- (8) ASTM B280–95a, Standard Speci- fication for Strapping, Flat Steel, and fication for Seamless Copper Tube for Seals, approved April 10, 1997, IBR ap- Air Conditioning and Refrigeration proved for §§ 3280.306(b) and 3280.306(g). Field Service, IBR approved for (22) ASTM D4442–92 (Reapproved §§ 3280.703, 3280.705(b), and 3280.706(b). 1997), Standard Test Methods for Direct Moisture Content Measurement of (9) ASTM B306–92, Standard Speci- Wood and Wood-Base Materials, IBR fication for Copper Drainage Tube approved for § 3280.304(b). (DWV), IBR approved for § 3280.604(b). (23) ASTM D4444–92, Standard Test (10) ASTM C 36/C 36M–99, Standard Methods for Use and Calibration of Specification for Gypsum Wallboard, Hand-Held Moisture Meters, IBR ap- 1999, IBR approved for § 3280.304. proved for § 3280.304(b). (11) ASTM C564–97, Standard Speci- (24) ASTM D4635–01, Standard Speci- fication for Rubber Gaskets for Case fication for Polyethylene Films Made Iron Soil Pipe and Fittings, approved from Low-Density Polyethylene for December 10, 1997, IBR approved for General Use and Packaging Applica- §§ 3280.604(b) and 3280.611(d). tions, approved June 10, 2001, IBR ap- (12) ASTM C920–02, Standard Speci- proved for § 3280.611(d). fication for Elastomeric Joint (25) ASTM E84–01, Standard Test Sealants, approved January 10, 2002, Method for Surface Burning Character- IBR approved for § 3280.611(d). istics of Building Materials, 2001, IBR (13) ASTM D781–68 (Reapproved 1973), approved for § 3280.203(a). Standard Test Methods for Puncture (26) ASTM E 96–95 Standard Test and Stiffness of Paperboard, and Cor- Methods for Water Vapor Transmission rugated and Solid Fiberboard, IBR ap- of Materials, IBR approved for proved for §§ 3280.304(b), and 3280.305(g). § 3280.504(a). (14) ASTM D2235–88, Standard Speci- (27) ASTM E 162–94, Standard Test fication for Solvent Cement for Acrylo- Method for Surface Flammability of nitrile-Butadiene-Styrene (ABS) Plas- Materials Using a Radiant Heat Energy tic Pipe and Fittings, IBR approved for Source, IBR approved for § 3280.203(a). § 3280.604(b). (28) ASTM E 773–97, Standard Test (15) ASTM D2564–91a, Standard Speci- Methods for Accelerated Weathering of fication for Solvent Cements for Poly Sealed Insulating Glass Units, IBR ap- (Vinyl Chloride) (PVC) Plastic Piping proved for § 3280.403(d). Systems, IBR approved for § 3280.604(b). (29) ASTM E 774–97, Standard Speci- (16) ASTM D2661–91, Standard Speci- fication for the Classification of the fication for Acrylonitrile-Butadiene- Durability of Sealed Insulating Glass Styrene (ABS) Schedule 40 Plastic Units, IBR approved for § 3280.403(d). Drain, Waste, and Vent Pipe and Fit- (30) ASTM E 1333–96, Standard Test tings, IBR approved for § 3280.604(b). Method for Determining Formaldehyde

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00047 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.4 24 CFR Ch. XX (4–1–19 Edition)

Concentrations in Air and Emission els, revised 1996, IBR approved for Rates from Wood Products Using a § 3280.304(b). Large Chamber, approved March 10, (t) HUD User, 11491 Sunset Hills 1996, IBR approved for § 3280.406(b). Road, Reston, VA 20190–5254. (31) ASTM F628–91, Standard Speci- (1) HUD User No. 0005945, Overall U- fication for Acrylonitrile-Butadiene- values and Heating/Cooling Loads— Styrene (ABS) Schedule 40, Plastic Manufactured Homes, February 1992. Drain, Waste, and Vent Pipe with a IBR approved for § 3280.508(b). Cellular Core, IBR approved for (2) [Reserved] § 3280.604(b). (u) IIT Research Institute (IITRI), 10 (32) ASTM F876–10, Standard Speci- West 35th Street, Chicago, IL 60616, fication for Crosslinked Polyethylene telephone number 312–567–4000, Web (PEX) Tubing, approved February 10, site: http://www.iitri.org/. 2010, IBR approved for § 3280.604(b). (1) IITRI Fire and Safety Research (33) ASTM F877–07, Standard Speci- Project J–6461 ‘‘Development of Mobile fication for Crosslinked Polyethylene Home Fire Test Methods to Judge the (PEX) Plastic Hot- and Cold-Water Dis- Fire-Safe Performance of Foam Plastic tribution Systems, approved February Sheathing and Cavity Insulation’’, 1979, 1, 2007, IBR approved for § 3280.604(b). IBR approved for § 3280.207(a). (q) Cast Iron Soil Pipe Institute (2) [Reserved] (CISPI), 1064 Delaware Avenue SE, At- (v) International Association of lanta, GA 30316, telephone number 404– Plumbing and Mechanical Officials 622–0073, fax number 404–973–2845, Web (IAPMO), 4755 East Philadelphia site: http://www.cispi.org/. Street, Ontario, CA 91716, telephone (1) CISPI–301–90, Standard Specifica- number 909–472–4100, fax number 909– tion for Hubless Cast Iron Soil Pipe 472–4150, Web site: http://www.iapmo.org. and Fittings for Sanitary and Storm (1) IAPMO PS 2–89, Material and Drain, Waste, and Vent Piping Applica- Property Standard for Cast Brass and tions, IBR approved for § 3280.604(b). Tubing P-Traps, IBR approved for (2) CISPI–HSN–85, Specification for § 3280.604(b). Neoprene Rubber Gaskets for HUB and Spigot Cast Iron Soil Pipe and Fit- (2) IAPMO PS 4–90, Material and tings, IBR approved for §§ 3280.604, Property Standard for Drains for Pre- 3280.611(d). fabricated and Precast Showers, IBR (r) FS—Federal Specifications, Gen- approved for § 3280.604(b). eral Services Administration, Speci- (3) IAPMO PS 5–84, Material and fications Branch, Room 6039, GSA Property Standard for Special Cast Building, 7th and D Streets, SW., Iron Fittings, IBR approved for Washington, DC 20407. § 3280.604(b). (1) FS WW–P–541E/GEN–1980, Plumb- (4) IAPMO PS 9–84, Material and ing Fixtures (General Specifications), Property Standard for Diversion Tees IBR approved for § 3280.604(b). and Twin Waste Elbow, IBR approved (2) FS ZZ–R–765B–1970, Silicone Rub- for § 3280.604(b). ber, (with 1971 Amendment), IBR ap- (5) IAPMO PS 14–89, Material and proved for § 3280.611(d). Property Standard for Flexible Metal- (s) HPVA (previously HPMA)—Hard- lic Water Connectors, IBR approved for wood Plywood and Veneer Association § 3280.604(b). (HPVA) (previously named Hardwood (6) IAPMO PS 23–89, Material and Plywood Manufacturers Association Property Standard for Dishwasher (HPMA), 1825 Michael Faraday Drive, Drain Airgaps, IBR approved for Reston, VA 22090, telephone number § 3280.604(b). 703–435–2900, fax number 703–435–2537, (7) IAPMO PS 31–91, Material and Web site: http://www.hpva.org/. Property Standards for Backflow Pre- (1) ANSI/HPVA HP–1–1994 (Approved vention Assemblies, IBR approved for 1995), American National Standard for § 3280.604(b). Hardwood and Decorative Plywood, (8) IAPMO TSC 9–97, Standard for IBR approved for § 3280.304(b). Gas Supply Connectors for Manufac- (2) HP–SG–96, Structural Design tured Homes, IBR approved for Guide for Hardwood Plywood Wall Pan- § 3280.703.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00048 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.4

(9) IAPMO TSC 22–85, Standard for (3) NFPA 58, Liquefied Petroleum Porcelain Enameled Formed Steel Gas Code, 2001 Edition, IBR approved Plumbing Fixtures, IBR approved for for §§ 3280.703 and 3280.704(b). § 3280.604(b). (4) NFPA No. 70–2005, National Elec- (w) Military Specifications and trical Code, IBR approved as follows: Standards, Naval Publications and (i) Article 110.22, IBR approved for Forms Center (MIL), 5801 Tabor Ave- §§ 3280.803(k) and 3280.804(k). nue, Philadelphia, PA 19120. (ii) Article 210.12(A) and (B), IBR ap- (1) MIL–L–10547E–1975, Liners, Case, proved for § 3280.801(b). and Sheet, Overwrap; Water-Vapor (iii) Article 220.61, IBR approved for Proof or Waterproof, Flexible, IBR ap- § 3280.811(b). proved for § 3280.611(d). (iv) Article 230, IBR approved for (2) [Reserved] §§ 3280.803(k) and 3280.804(k). (x) National Electrical Manufactur- (v) Article 250.24, IBR approved for ers Association (NEMA), 1300 North §§ 3280.803(k) and 3280.804(k). 17th Street, Suite 1752, Arlington, VA 22209, telephone number 703–841–3200, (vi) Article 250.26, IBR approved for fax number 703–841–5900, Web site: §§ 3280.803(k) and 3280.804(k). http://www.nema.org/Pages/default.aspx. (vii) Article 250.28, IBR approved for (1) ANSI/NEMA WD–6–1997 Wiring De- §§ 3280.803(k) and 3280.804(k). vices–Dimensional Specifications, IBR (viii) Article 312.2(A), IBR approved approved for § 3280.803(f). for §§ 3280.803(k) and 3280.804(k). (2) [Reserved] (x) Table 314.16(A), IBR approved for (y) International Code Council Eval- §§ 3280.808(m) and 3280.808(q). uation Service (NER), (previously (ix) Article 314.23(B), IBR approved known as National Evaluation Serv- for §§ 3280.808(m) and 3280.808(q). ice), 5360 Workman Mill Road, Whit- (xi) Article 406.3, IBR approved for tier, CA 90601–0543, telephone number 1– § 3280.807(d). 800–423–6587, ext. 66546, fax number 562– (xii) Article 410.4(D), IBR approved 695–4694, Web site: http://www.icc-es.org. for § 3280.805(a). (1) NER–272, National Evaluation Re- (xiii) Article 440, IBR approved for port, Power Driven Staples, Nails, and § 3280.805(a). Allied Fasteners for Use in All Types of (xiv) Article 440.65, IBR approved for Building Construction, Reissued Sep- § 3280.801(b). tember 1, 1997, IBR approved for (xv) Part II of Article 550, IBR ap- § 3280.304(b). proved for §§ 3280.801(a) and 3280.801(b). (2) [Reserved] (xvi) Article 550.25(a), IBR approved (z) National Fenestration Rating for § 3280.801(b). Council (NFRC), 6305 Ivy Lane, Suite 140, Greenbelt, MD 20770, telephone (xvii) Article 680.70, IBR approved for number 301–589–1776, fax number 301– §§ 3280.607(c) and 3280.801(a). 589–3884, Web site: http://www.nfrc.org. (xviii) Article 680.71, IBR approved (1) NFRC 100, Procedure for Deter- for §§ 3280.607(c) and 3280.801(a). mining Fenestration Product U-fac- (xix) Articles 680.72, IBR approved for tors, 1997 Edition, IBR approved for §§ 3280.607(c) and 3280.801(a). § 3280.508(e). (5) NFPA 90B, Warm Air Heating and (2) [Reserved] Air Conditioning Systems, 1996 Edi- (aa) National Fire Protection Asso- tion, IBR approved for § 3280.703. ciation (NFPA), 1 Batterymarch Park, (6) NFPA 220, Standard on Types of Quincy, MA 02269, phone number 617– Building Construction, Chapter 2: defi- 770–3000, fax number 617–770–0700, Web nitions of ‘‘limited combustible’’ and site: http://www.nfpa.org. ‘‘noncombustible material’’, 1995 Edi- (1) NFPA 31, Standard for the Instal- tion, IBR approved for § 3280.202. lation of Oil Burning Equipment, 2001, (7) NFPA 253, Standard Method of IBR approved for §§ 3280.703 and Test for Critical Radiant Flux of Floor 3280.707(f). Covering Systems Using a Radiant (2) NFPA 54–2002, National Fuel Gas Heat Energy Source, 2000, IBR ap- Code, IBR approved for § 3280.703. proved for § 3280.207(c).

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00049 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.4 24 CFR Ch. XX (4–1–19 Edition)

(8) NFPA 255, Standard Method of telephone number 843–407–4091, Web Test of Surface Burning Characteris- site: http://steeljoist.org. tics of Building Materials, 1996, IBR ap- (1) Standard Specifications Load Ta- proved for §§ 3280.203(a) and 3280.207(a). bles and Weight Tables for Steel Joists (bb) U.S. Department of Commerce, and Joist Girders, SJI 1994, Fortieth National Institute of Standards and Edition, IBR approved for § 3280.304(b). Technology (NIST), Office of Engineer- (2) [Reserved] ing Standards, Room A–166, Technical (gg) Truss Plate Institute (TPI), 218 Building, Washington, DC 20234 and North Lee Street, Suite 312, Alexan- Voluntary Product Division, 100 Bu- dria, VA 22314, telephone number 703– reau Drive, Stop 2100, Gaithersburg, 683–1010, fax number 866–501–4012, Web MD 20899–2100, telephone number 301- site: http://www.tpinst.org/index.html. 975–4000, fax number 301–975–4715, Web (1) TPI–85, Design Specifications for site: http://www.nist.gov. Metal Plate and Wood Connected (1) PS 1–95, Construction and Indus- Trusses, IBR approved for § 3280.304(b). trial Plywood (With Typical APA (2) [Reserved] Trademarks), IBR approved for (hh) Underwriters’ Laboratories, Inc. § 3280.304(b). (UL), 333 Pfingsten Road, Northbrook, (2) Voluntary Product Standard PS IL 60062, telephone number 847–272–8800, 2–04, Performance Standard for Wood- fax number 847–509–6257, Web site: Based Structural-Use Panels, Decem- http://www.ul.com. ber 2004, IBR approval for § 3280.304(b). (1) UL 94–1996, with 2001 revisions, (cc) National Sanitation Foundation Test for Flammability of Plastic Mate- (NSF), 789 North Dixboro Road, Ann rials for Parts in Devices and Appli- Arbor, MI 48105, telephone number 734– ances, Fifth Edition, IBR approved for 769–8010, fax number 734–769–0109, Web § 3280.715(e). site: http://www.nsf.org. (1) ANSI/NSF 14–1990, Plastic Piping (2) UL 103–1995, with 1999 revisions, Components and Related Materials, Factory-Built Chimneys for Residen- IBR approved for § 3280.604(b). tial Type and Building Heating Appli- (2) ANSI/NSF 24–1988, Plumbing Sys- ances, Ninth Edition, IBR approved for tem Components for Manufactured § 3280.703. Homes and Recreational Vehicles, IBR (3) UL 109–1997, with 2001 revisions, approved for § 3280.604(b). Tube Fittings for Flammable and Com- (3) ANSI/NSF 61–2001, Drinking Water bustible Fluids, Refrigeration Service, System Components–Health Effects, and Marine Use, Sixth Edition, IBR ap- IBR approved for § 3280.604(b). proved for § 3280.703. (dd) Resources, Applications, De- (4) UL 127–1996, with 1999 revisions, signs, & Controls (RADCO), 3220 East Factory-Built Fireplaces, Seventh Edi- 59th Street, Long Beach, CA 90805, tele- tion, IBR approved for § 3280.703. phone number 562–272–7231, fax number (5) UL 174–1996, with 1997 revisions, 562–529–7513, Web site: http:// Household Electric Storage Tank www.radcoinc.com. Water Heaters, Tenth Edition, IBR ap- (1) RADCO DS–010–91, Decorative Gas proved for § 3280.703. Appliances for Installation in Solid (6) UL 181 Factory-Made Air Ducts Fuel Burning Fireplaces, May 1991, IBR and Air Connectors, Ninth Edition, approved for § 3280.703. April 4, 1996, with revisions through (2) [Reserved] May 15, 2003, IBR approved for (ee) Society of Automotive Engineers §§ 3280.702, 3280.703 and 3280.715(a). (SAE), 400 Commonwealth Drive, (7) UL 181A, 1994, with 1998 revisions, Warrendale, PA 15096, telephone num- Standard for Safety Closure Systems ber 724–776–0790, Web site: http:// for use with Rigid Air Ducts and Air www.sae.org/. Connectors, Second Edition, IBR ap- (1) SAE–J533b–1992, Flares for Tub- proved for §§ 3280.703 and 3280.715(c). ing, IBR approved for §§ 3280.703 and (8) UL 181B, 1995, with 1998 revisions, 3280.705(f). Standard for Safety Closure Systems (2) [Reserved] for use with Flexible Air Ducts and Air (ff) Steel Joist Institute (SJI), 234 Connectors, First Edition, IBR ap- West Cheves Street, Florence, SC 29501, proved for §§ 3280.703 and 3280.715(c).

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00050 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.5

(9) UL 217, Single and Multiple Sta- number 416–757–8727, Web site: http:// tion Smoke Alarms, Fifth Edition, www.ul.com/canada/eng/pages/. dated January 4, 1999, IBR approved for (1) CAN/ULC S102.2–M88, Standard § 3280.208(a). Method of Test for Surface Burning (10) UL 268, Smoke Detectors for Fire Characteristics of Floor Coverings and Protective Signaling Systems, Fourth Miscellaneous Materials and Assem- Edition, dated January 4, 1999, IBR ap- blies, Fourth Edition, April 1988, IBR proved for § 3280.208(a). approved for § 3280.207(b). (11) UL 307A–1995, Liquid Fuel-Burn- (2) [Reserved] ing Heating Appliances for Manufac- (jj) Window and Door Manufacturers tured Homes and Recreational Vehi- Association (WDMA) (Previously cles, Seventh Edition, with 1997 revi- known as the National Wood Window sions, IBR approved for §§ 3280.703 and and Door Association, (NWWDA)), 2025 3280.707(f). M Street, NW., Suite 800, Washington, (12) UL 307B–1995, Gas Burning Heat- DC 20036–3309, telephone number 202– ing Appliances for Manufactured 367–1157, Web site: https:// Homes and Recreational Vehicles, www.wdma.com. Fourth Edition, with 1998 revisions, (1) NWWDA I.S.4–81, Water Repellent IBR approved for § 3280.703. Preservative Non-Pressure Treatment (13) UL 311, 1994, with 1998 revisions, for Millwork, IBR approved for Roof Jacks for Manufactured Homes § 3280.405(b). and Recreational Vehicles, Eighth Edi- (2) [Reserved] tion, IBR approved for § 3280.703. [78 FR 73976, Dec. 9, 2013, as amended at 79 (14) UL 441, 1996 with 1999 revisions, FR 31863, June 3, 2014] Gas Vents, Ninth Edition, IBR approved for § 3280.703. § 3280.5 Data plate. (15) UL 569, 1995 with 2001 revisions, Each manufactured home shall bear a Pigtails and Flexible Hose Connectors data plate affixed in a permanent man- for LP-Gas, Seventh Edition, IBR ap- ner near the main electrical panel or proved for §§ 3280.703 and 3280.705(k). other readily accessible and visible lo- (16) UL 737, 1996, Fireplace Stoves, cation. Each data plate shall be made Eight Edition, with 2000 revisions, IBR of material what will receive typed in- approved for § 3280.703. formation as well as preprinted infor- (17) UL 923 Microwave Cooking Appli- mation, and which can be cleaned of or- ances, Fifth Edition, May 23, 2002, IBR dinary smudges or household dirt with- approved for § 3280.204(c). out removing information contained on (18) UL 1042–1994, Electric Baseboard the data plate; or the data plate shall Heating Equipment, Fourth Edition, be covered in a permanent manner with with 1998 revisions, IBR approved for materials that will make it possible to § 3280.703. clean the data plate of ordinary dirt (19) UL 1096, 1986, Electric Central Air and smudges without obscuring the in- Heating Equipment, Fourth Edition formation. Each data plate shall con- with revisions July 16, 1986, and Janu- tain not less than the following infor- ary 30, 1988, IBR approved for § 3280.703. mation: (20) UL 1482, 1996, with 2000 revisions, (a) The name and address of the man- Solid-Fuel Type Room Heaters, Fifth ufacturing plant in which the manufac- Edition, IBR approved for § 3280.703. tured home was manufactured. (21) UL 1995, 1995, Heating and Cool- (b) The serial number and model des- ing Equipment, Second Edition, with ignation of the unit, and the date the 1999 revisions, IBR approved for unit was manufactured. § 3280.703. (c) The applicable statement: (22) UL 2021–1997. Fixed and Location- Dedicated Electric Room Heaters, Sec- This manufactured home is designed to ond Edition, with 1998 revisions, IBR comply with the Federal Manufactured approved for § 3280.703. Home Construction and Safety Standards in force at the time of manufacture.or (ii) Underwriters’ Laboratories of This manufactured home has been substan- Canada (ULC), 7 Underwriters Road, tially completed in accordance with an ap- Toronto, Ontario, Canada M1 R 3A9, proved design and has been inspected (except telephone number 866–937–3852, fax for the components specifically identified in

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00051 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.6 24 CFR Ch. XX (4–1–19 Edition)

the instructions for completion on-site) in 3⁄8 inch minimum in height. Numbers accordance with the Federal Manufactured must not be stamped into hitch assem- Home Construction and Safety Standards bly or drawbar. and the requirements of the Department of Housing and Urban Development (HUD) in § 3280.7 Excluded structures. effect on the date of manufacture. Certain structures may be excluded (d) A list of the certification label(s) from these Standards as modular number(s) that are affixed to each homes under 24 CFR 3282.12. transportable manufactured section under § 3280.8. [52 FR 4581, Feb. 12, 1987] (e) A list of major factory-installed equipment, including the manufactur- § 3280.8 Waivers. er’s name and the model designation of (a) Where any material piece of each appliance. equipment, or system which does not (f) Reference to the roof load zone meet precise requirements or specifica- and wind load zone for which the home tions set out in the standard is shown, is designed and duplicates of the maps to the satisfaction of the Secretary, to as set forth in § 3280.305(c). This infor- meet an equivalent level of perform- mation may be combined with the ance, the Secretary may waive the heating/cooling certificate and insula- specifications set out in the Standard tion zone map required by §§ 3280.510 for that material, piece of equipment, and 3280.511. The Wind Zone Map on the or system. Data Plate shall also contain the state- (b) Where the Secretary is consid- ment: ering issuing a waiver to a Standard, the proposed waiver shall be published This home has not been designed for the higher wind pressures and anchoring provi- in the FEDERAL REGISTER for public sions required for ocean/coastal areas and comment, unless the Secretary, for should not be located within 1500′ of the good cause, finds that notice is imprac- coastline in Wind Zones II and III, unless the tical, unnecessary or contrary to the home and its anchoring and foundation sys- public interest, and incorporates into tem have been designed for the increased re- the waiver that finding and a brief quirements specified for Exposure D in ANSI/ statement of the reasons therefor. ASCE 7–88. (c) Each proposed and final waiver (g) The statement: shall include: (1) A statement of the nature of the This home has—has not—(appropriate blank to be checked by manufacturer) been waiver; and equipped with storm shutters or other pro- (2) Identification of the particular tective coverings for windows and exterior standard affected. door openings. For homes designed to be lo- (d) All waivers shall be published in cated in Wind Zones II and III, which have the FEDERAL REGISTER and shall state not been provided with shutters or equiva- their effective date. Where a waiver lent covering devices, it is strongly rec- has been issued, the requirements of ommended that the home be made ready to be equipped with these devices in accordance the Federal Standard to which the with the method recommended in the manu- waiver relates may be met either by facturers printed instructions. meeting the specifications set out in the Standard or by meeting the re- (h) The statement: ‘‘Design Approval quirements of the waiver published in by’’, followed by the name of the agen- the FEDERAL REGISTER. cy that approved the design. [58 FR 55003, Oct. 25, 1993] [59 FR 2469, Jan. 14, 1994, as amended at 80 FR 53727, Sept. 8, 2015] § 3280.9 Interpretative bulletins. § 3280.6 Serial number. Interpretative bulletins may be issued for the following purposes: (a) A manufactured home serial num- (a) To clarify the meaning of the ber which will identify the manufac- Standard; and turer and the state in which the manu- (b) To assist in the enforcement of factured home is manufactured, must the Standard. be stamped into the foremost cross member. Letters and numbers must be [58 FR 55003, Oct. 25, 1993]

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00052 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.103

§ 3280.10 Use of alternative construc- manufactured home from the tow bar tion. end of the manufactured home. Requests for alternative construction [42 FR 960, Jan. 4, 1977. Redesignated at 44 can be made pursuant to 24 CFR 3282.14 FR 20679, Apr. 6, 1979, as amended at 52 FR of this chapter. 47553, Dec. 15, 1987. Redesignated and amended at 58 FR 55003, Oct. 25, 1993] [58 FR 55003, Oct. 25, 1993] Subpart B—Planning § 3280.11 Certification label. Considerations (a) A permanent label shall be affixed to each transportable section of each § 3280.101 Scope. manufactured home for sale or lease in Subpart B states the planning re- the United States. This label shall be quirements in manufactured homes. separate and distinct from the data The intent of this subpart is to assure plate which the manufacturer is re- the adequacy of architectural planning quired to provide under § 3280.5 of the considerations which assist in deter- standards. mining a safe and healthful environ- (b) The label shall be approximately 2 ment. in. by 4 in. in size and shall be permanently attached to the manufactured § 3280.102 Definitions. home by means of 4 blind rivets, drive (a) Gross floor area means all space, screws, or other means that render it wall to wall, including recessed entries difficult to remove without defacing it. not to exceed 5 sq. ft. and areas under It shall be etched on 0.32 in. thick alu- built-in vanities and similar furniture. minum plate. The label number shall Where the ceiling height is less than be etched or stamped with a 3 letter that specified in § 3280.104, the floor designation which identifies the pro- area under such ceilings shall not be duction inspection primary inspection included. Floor area of closets shall not be included in the gross floor area. agency and which the Secretary shall (b) Habitable room means a room or assign. Each label shall be marked with enclosed floor space arranged for liv- a 6 digit number which the label sup- ing, eating, food preparation, or sleep- plier shall furnish. The labels shall be ing purposes not including bathrooms, stamped with numbers sequentially. foyers, hallways, and other accessory (c) The label shall read as follows: floor space. As evidenced by this label No. ABC 000001, (c) Laundry area means an area con- the manufacturer certifies to the best of the taining or designed to contain a laun- manufacturer’s knowledge and belief that dry tray, clothes washer and/or clothes this manufactured home has been inspected dryer. in accordance with the requirements of the Department of Housing and Urban Develop- § 3280.103 Light and ventilation. ment and is constructed in conformance with (a) Lighting. Each habitable room the Federal manufactured home construc- shall be provided with exterior win- tion and safety standards in effect on the dows and/or doors having a total glazed date of manufacture. See date plate. area of not less than 8 percent of the (d) The label shall be located at the gross floor area. tail-light end of each transportable (1) Kitchens, bathrooms, toilet com- section of the manufactured home ap- partments, laundry areas, and utility proximately one foot up from the floor rooms may be provided with artificial and one foot in from the road side, or light in place of windows. as near that location on a permanent (2) Rooms and areas may be compart of the exterior of the manufac- bined for the purpose of providing the tured home unit as practicable. The required natural lighting provided that road side is the right side of the manu- at least one half of the common wall factured home when one views the area is open and unobstructed, and the open area is at least equal to 10 percent of the combined floor area or 25 square feet whichever is greater.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00053 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.104 24 CFR Ch. XX (4–1–19 Edition)

(b) Whole-house ventilation. Each provided with a manual control, and manufactured home must be provided must be permitted to be provided with with whole-house ventilation having a automatic timers or humidistats. minimum capacity of 0.035 ft3/min/ft2 of (5) A whole-house ventilation label interior floor space or its hourly aver- must be attached to the whole-house age equivalent. This ventilation capac- ventilation control, must be perma- ity must be in addition to any openable nent, and must state: ‘‘WHOLE-HOUSE window area. In no case shall the in- VENTILATION’’. stalled ventilation capacity of the sys- (6) Instructions for correctly oper- tem be less than 50 cfm nor more than ating and maintaining whole-house 90 cfm. The following criteria must be ventilation systems must be included adhered to: with the homeowner’s manual. The in- (1) The ventilation capacity must be structions must encourage occupants provided by a mechanical system or a to operate these systems whenever the combination passive and mechanical home is occupied, and must refer to the system. The ventilation system or pro- labeled whole-house ventilation con- visions for ventilation must not create trol. a positive pressure in Uo Value Zone 2 (c) Additional ventilation. (1) At least and Zone 3 or a negative pressure con- half of the minimum required glazed dition in Uo Value Zone 1. Mechanical area in paragraph (a) of this section systems must be balanced. Combina- shall be openable directly to the out- tion passive and mechanical systems side of the manufactured home for un- must have adequately sized inlets or obstructed ventilation. These same exhaust to release any unbalanced ventilation requirements apply to pressure. Temporary pressure imbal- rooms combined in accordance with ances due to gusting or high winds are § 3280.103(a)(2). permitted. (2) Kitchens shall be provided with a (2) The ventilation system or provi- mechanical ventilation system that is sions for ventilation must exchange air capable of exhausting 100 cfm to the directly with the exterior of the home, outside of the home. The exhaust fan except the ventilation system, or pro- shall be located as close as possible to visions for ventilation must not draw the range or cook top, but in no case or expel air with the space underneath farther than 10 feet horizontally from the home. The ventilation system or the range or cook top. provisions for ventilation must not (3) Each bathroom and separate toi- draw or expel air into the floor, wall, let compartment shall be provided with or ceiling/roof systems, even if those a mechanical ventilation system capa- systems are vented. The ventilation ble of exhausting 50 cfm to the outside system must be designed to ensure that of the home. A separate toilet compart- outside air is distributed to all bed- ment may be provided with 1.5 square rooms and main living areas. The com- feet of openable glazed area in place of bined use of undercut doors or transom mechanical ventilation, except in Uo grills connecting those areas to the value Zone 3. room where the mechanical system is [58 FR 55003, Oct. 25, 1993, as amended at 70 located is deemed to meet this require- FR 72042, Nov. 30, 2005] ment. (3) The ventilation system or a por- § 3280.104 Ceiling heights. tion of the system is permitted to be (a) Every habitable room and bath- integral with the home’s heating or room shall have a minimum ceiling cooling system. The system must be height of not less than 7 feet, 0 inches capable of operating independently of for a minimum of 50 percent of the the heating or cooling modes. A ven- room’s floor area. The remaining area tilation system that is integral with may have a ceiling with a minimum the heating or cooling system is to be height of 5 feet, 0 inches. Minimum listed as part of the heating and cool- height under dropped ducts, beams, etc. ing system or listed as suitable for use shall be 6 feet, 4 inches. with that system. (b) Hallways and foyers shall have a (4) A mechanical ventilation system, minimum ceiling height of 6 feet, 6 or mechanical portion thereof, must be inches.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00054 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.108

§ 3280.105 Exit facilities; exterior key-operated lock that has a doors. deadlocking latch or a key-operated (a) Number and location of exterior dead bolt with a passage latch. Locks doors. Manufactured homes shall have a shall not require the use of a key for minimum of two exterior doors located operation from the inside. remote from each other. (4) All exterior doors, including (1) Required egress doors shall not be storm and screen doors, opening out- located in rooms where a lockable inte- ward shall be provided with a safety rior door must be used in order to exit. door check. (2) In order for exit doors to be con- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 sidered remote from each other, they FR 20679, Apr. 6, 1979, as amended at 50 FR must comply with all of the following: 9269, Mar. 7, 1985; 78 FR 73981, Dec. 9, 2013] (i) Both of the required doors must not be in the same room or in a group § 3280.106 Exit facilities; egress win- of rooms which are not defined by fixed dows and devices. walls. (ii) Single wide units. Doors may not (a) Every room designed expressly for be less than 12 ft. c-c from each other sleeping purposes, unless it has an exit as measured in any straight line direc- door (see § 3280.105), shall have at least tion regardless of the length of path of one outside window or approved exit travel between doors. device which meets the requirements (iii) Double wide units. Doors may not of § 3280.404, the ‘‘Standard for Egress be less than 20 ft. c-c from each other Windows and Devices for Use in Manu- as measured in any straight line direc- factured Homes.’’ tion regardless of the length of path of (b) The bottom of the window open- travel between doors. ing shall not be more than 36 inches (iv) One of the required exit doors above the floor. must be accessible from the doorway of (c) Locks, latches, operating handles, each bedroom without traveling more tabs, and any other window screen or than 35 feet. The travel distance to the storm window devices which need to be exit door must be measured on the operated in order to permit exiting, floor or other walking surface along shall not be located in excess of 54 the center-line of the natural and un- inches from the finished floor. obstructed path of travel starting at (d) Integral rolled-in screens shall the center of the bedroom door, curv- not be permitted in an egress window ing around any corners or permanent unless the window is of the hinged- obstructions with a one-foot clearance type. from, and ending at, the center of the [49 FR 58752, Dec. 18, 1975. Redesignated at 44 exit door. FR 20679, Apr. 6, 1979, as amended at 49 FR (b) Door design and construction. (1) 36086, Sept. 14, 1984; 52 FR 4581, Feb. 12, 1987] Exterior swinging doors shall be constructed in accordance with § 3280.405 § 3280.107 Interior privacy. the ‘‘Standard for Swinging Exterior Passage Doors for Use in Manufactured Bathroom and toilet compartment Homes’’. Exterior sliding glass doors doors shall be equipped with a privacy shall be constructed in accordance with lock. § 3280.403 the ‘‘Standard for Windows § 3280.108 Interior passage. and Sliding Glass Doors Used in Manu- factured Homes’’. (a) Interior doors having passage (2) All exterior swinging doors must hardware without a privacy lock, or provide a minimum 28-inch wide × 74- with a privacy lock not engaged, shall inch high clear opening. Door seals are open from either side by a single move- permitted to reduce the opening, either ment of the hardware mechanism in vertically or horizontally, a maximum any direction. of one inch. All exterior sliding glass (b) Each manufactured home interior doors must provide a minimum 28-inch door, when provided with a privacy wide × 72-inch high clear opening. lock, shall have a privacy lock that has (3) Each swinging exterior door other an emergency release on the outside to than screen or storm doors shall have a permit entry when the lock has been

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00055 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.109 24 CFR Ch. XX (4–1–19 Edition)

locked by a locking knob, lever, but- rior surface. When appliances are not ton, or other locking device on the in- installed and a laundry area is pro- side. vided, the area shall have a minimum clear depth of 27 inches in addition to § 3280.109 Room requirements. the 28 inches required for passage. In (a) Every manufactured home shall addition, a notice of the available have at least one living area with not clearance for washer/dryer units shall less than 150 sq. ft. of gross floor area. be posted in the laundry area. Minor (b) Rooms designed for sleeping pur- protrusions into the minimum hallway poses shall have a minimum gross width by doorknobs, trim, smoke square foot floor area as follows: alarms or light fixtures are permitted. (1) All bedrooms shall have at least 50 sq. ft. of floor area. [40 FR 58752, Dec. 18, 1975. Redesignated at 44 (2) Bedrooms designed for two or FR 20679, Apr. 6, 1979, and further redesig- more people shall have 70 sq. ft. of floor nated at 58 FR 55004, Oct. 25, 1993; 67 FR 12817, Mar. 19, 2002] area plus 50 sq. ft. for each person in excess of two. § 3280.113 Glass and glazed openings. (c) Every room designed for sleeping purposes shall have accessible clothes (a) Windows and sliding glass doors. hanging space with a minimum inside All windows and sliding glass doors depth of 22 inches and shall be equipped shall meet the requirements of with a rod and shelf. § 3280.403 the ‘‘Standard for Windows and Sliding Glass Doors Used in Manu- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 factured Homes’’. FR 20679, Apr. 6, 1979, and further redesignated at 58 FR 55004, Oct. 25, 1993] (b) Hazardous locations requiring safety glazing. Except as provided in para- § 3280.110 Minimum room dimensions. graph (d) of this section, the following The gross floor area required by locations and areas require the use of § 3280.110 (a) and (b) shall have no clear safety glazing conforming to the re- horizontal dimension less than 5 feet quirements of paragraph (c) of this sec- except as permitted by § 3280.102(a). tion: (1) Glazing in all entrance or exit [40 FR 58752, Dec. 18, 1975. Redesignated at 44 doors; FR 20679, Apr. 6, 1979, and further redesignated at 58 FR 55004, Oct. 25, 1993] (2) Glazing in fixed and sliding panels of sliding glass doors; § 3280.111 Toilet compartments. (3) Glazing in storm-type doors; Each toilet compartment must have (4) Glazing in unframed side-hinged a minimum width of 30 inches, with a swinging doors; minimum clear space of 21 inches in (5) Glazing in doors and fixed panels front of each toilet. A toilet located ad- less than 60 inches above the room jacent to a wall must have the center- floor level that enclose bathtubs, show- line of the toilet located a minimum of ers, hydromassage tubs, hot tubs, 15 inches from the wall. A toilet lo- whirlpools, saunas; cated adjacent to a tub must have the (6) Glazing within 12 inches hori- center-line of the toilet located a min- zontally, as measured from the edge of imum of 12 inches from the outside the door in the closed position, and 60 edge of the tub. inches vertically as measured from the [78 FR 73981, Dec. 9, 2013] room floor level, adjacent to and in the same plane of a door; § 3280.112 Hallways. (7) Glazing within 36 inches of an in- Hallways shall have a minimum hori- terior room walking surface when the zontal dimension of 28 inches measured glazing meets all of the following: from the interior finished surface to (i) Individual glazed panels exceed 9 the interior finished surface of the op- square feet in area in an exposed sur- posite wall. When appliances are in- face area; stalled in a laundry area, the measure- (ii) The bottom edge of the exposed ment shall be from the front of the ap- glazing is less than 19 inches above the pliance to the opposite finished inte- room floor level; and

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00056 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.202

(iii) The top edge of the exposed glaz- § 3280.202 Definitions. ing is greater than 36 inches above the The following definitions are applica- room floor level. ble to subparts C, H, and I of the Stand- (8) Glazing in rails and guardrails; ards: and Combustible material: Any material (9) Glazing in unbacked mirrored not meeting the definition of limited- wardrobe doors (i.e., mirrors that are combustible or non-combustible mate- not secured to a backing that is capa- rial. ble of being the door itself). Flame-spread rating: The measure- (c) Safety glazing material is consid- ment of the propagation of flame on ered to be any glazing material capable the surface of materials or their assem- of meeting the requirements of Con- blies as determined by recognized sumer Product Safety Commission 16 standard tests conducted as required CFR part 1201, or Standard for Safety by this subpart. Glazing Materials used in Buildings Interior finish: The surface material —Safety Performance Specifications of walls, fixed or movable partitions, and Methods of Test, ANSI Z97.1–2004 ceilings, columns, and other exposed (incorporated by reference, see § 3280.4). interior surfaces affixed to the home’s (d) Glazing in the following locations structure including any materials such is not required to meet the require- as paint or wallpaper and the substrate ments in paragraph (b) of this section: to which they are applied. Interior fin- (1) Openings in doors through which a ish does not include: 3-inch sphere is unable to pass; (1) Trim and sealant 2 inches or less (2) Leaded and decorative glazed pan- in width adjacent to the cooking range els; and in furnace and water heater spaces (3) Glazing in jalousie-type doors; provided it is installed in accordance (4) Glazing as described in paragraph with the requirements of § 3280.203(b)(3) (b)(6) of this section when an inter- or (4), and trim 6 inches or less in vening wall or other permanent barrier width in all other areas; exists between the door and the glaz- (2) Windows and frames; ing; (3) Single doors and frames and a se- (5) Glazing as described in paragraph ries of doors and frames not exceeding (b)(7) of this section when a protective 5 feet in width; bar or member is installed horizontally (4) Skylights and frames; between 34 inches and 38 inches above (5) Casings around doors, windows, the room floor level, as long as the bar and skylights not exceeding 4 inches in or member is a minimum of 11⁄2 inches width; in height and capable of resisting a (6) Furnishings which are not perma- horizontal load of 50 pounds per lineal nently affixed to the home’s structure; foot; and (7) Baseboards not exceeding 6 inches (6) Mirrors mounted on a flush door in height; surface or solid wall surface. (8) Light fixtures, cover plates of electrical receptacle outlets, switches, [40 FR 58752, Dec. 18, 1975. Redesignated at 44 and other devices; FR 20679, Apr. 6, 1979, as amended at 52 FR (9) Decorative items attached to 4581, Feb. 12, 1987. Redesignated at 58 FR 55004, Oct. 25, 1993; 78 FR 73981, Dec. 9, 2013] walls and partitions (i.e., pictures, decorative objects, etc.) constituting no more than 10% of the aggregate wall Subpart C—Fire Safety surface area in any room or space not more than 32 square feet in surface SOURCE: 49 FR 32008, Aug. 9, 1984, unless area, whichever is less; otherwise noted. (10) Plastic light diffusers when suspended from a material which meets § 3280.201 Scope. the interior finish provisions of The purpose of this subpart is to set § 3280.203(b); forth requirements that will assure (11) Coverings and surfaces of exposed reasonable fire safety to the occupants wood beams; and by reducing fire hazards and by pro- (12) Decorative items including the viding measures for early detection. following:

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00057 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.203 24 CFR Ch. XX (4–1–19 Edition)

(i) Non-structural beams not exceed- (iv) 3⁄8-inch or thicker unfinished ing 6 inches in depth and 6 inches in particleboard with phenolic or urea width and spaced not closer than 4 feet binder; on center; (v) Natural gum-varnished or latex- (ii) Non-structural lattice work; or alkyd-painted: (iii) Mating and closure molding; and (A) 1⁄4-inch or thicker plywood, or 3 (iv) Other items not affixed to the (B) ⁄8-inch or thicker particleboard, home’s structure. or (C) 1-inch or thicker nominal board; Limited combustible: A material meet- (vi) 5⁄16-inch gypsum board with deco- ing: rative wallpaper; and (1) The definition contained in Chap- (vii) 1⁄4-inch or thicker unfinished ter 2 of NFPA 220–1995, Standard on hardboard, Types of Building Construction; or (2) Flame-spread rating-25 to 200, (2) 5⁄16-inch or thicker gypsum board. (i) Painted metal; Noncombustible material: A material (ii) Mineral-base acoustic tile; meeting the definition contained in (iii) 5⁄16-inch or thicker unfinished Chapter 2 of NFPA 220–1995, Standard gypsum wallboard (both latex- or on Types of Building Construction. alkyd-painted); and Smoke alarm: An alarm device that is (iv) Ceramic tile. responsive to smoke. (The above-listed material applications Tactile notification appliance: A notifi- do not waive the requirements of cation appliance that alerts by the § 3280.203(c) or § 3280.204 of this subpart.) sense of touch or vibration. (b) Flame-spread rating require- [58 FR 55004, Oct. 25, 1993, as amended at 67 ments. FR 12817, Mar. 19, 2002; 70 FR 72042, Nov. 30, (1) The interior finish of all walls, 2005] columns, and partitions shall not have a flame spread rating exceeding 200 ex- § 3280.203 Flame spread limitations cept as otherwise specified herein. and fire protection requirements. (2) Ceiling interior finish shall not (a) Establishment of flame spread rat- have a flame spread rating exceeding ing. The surface flame spread rating of 75. (3) Walls adjacent to or enclosing a interior-finish material must not ex- furnace or water heater and ceilings ceed the value shown in § 3280.203(b) above them shall have an interior fin- when tested by Standard Test Method ish with a flame spread rating not ex- for Surface Burning Characteristics of ceeding 25. Sealants and other trim Building Materials, ASTM E84–01, 2001, materials 2 inches or less in width used or Standard Method of Test of Surface to finish adjacent surfaces within these Burning Characteristics of Building spaces are exempt from this provision Materials NFPA 255, 1996, except that provided that all joints are completely the surface flame spread rating of inte- supported by framing members or by rior-finish materials required by materials having a flame spread rating § 3280.203(b)(5) and (6) may be deter- not exceeding 25. mined by using the Standard Test (4) Exposed interior finishes adjacent Method for Surface Flammability of to the cooking range shall have a flame Materials Using a Radiant Heat Energy spread rating not exceeding 50, except Source, ASTM E 162–94. However, the that backsplashes not exceeding 6 following materials need not be tested inches in height are exempted. Adja- to establish their flame spread rating cent surfaces are the exposed vertical unless a lower rating is required by the surfaces between the range top height standards in this part: and the overhead cabinets and/or ceil- (1) Flame-spread rating—76 to 200. ing and within 6 horizontal inches of (i) .035-inch or thicker high pressure the cooking range. (Refer also to laminated plastic panel countertop; § 3280.204(a), Kitchen Cabinet Protec- (ii) 1⁄4-inch or thicker unfinished ply- tion.) Sealants and other trim mate- wood with phenolic or urea glue; rials 2 inches or less in width used to (iii) Unfinished dimension lumber (1- finish adjacent surfaces are exempt inch or thicker nominal boards); from this provision provided that all

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00058 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.205

joints are completely supported by a The 5⁄16-inch thick gypsum board or framing member. equivalent material which is above the (5) Kitchen cabinet doors, top of the hood may be supported by countertops, backsplashes, exposed the hood. A 3⁄8-inch enclosed air space bottoms, and end panels shall have a shall be provided between the bottom flame spread rating not to exceed 200. surface of the cabinet and the gypsum Cabinet rails, stiles, mullions, and top board or equivalent material. The hood strips are exempted. shall be at least as wide as the cooking (6) Finish surfaces of plastic bath- range. tubs, shower units, and tub or shower (b) The 3-inch metal eyebrow re- doors shall not exceed a flame spread quired by paragraph (a) of this section rating of 200. will project from the front and rear (c) Fire protective requirements. cabinet faces when there is no adjacent (1) Materials used to surface the fol- surface behind the range, or the 5⁄16- lowing areas shall be of limited com- inch thick gypsum board or equivalent bustible material (e.g., 5⁄16-inch gypsum material shall be extended to cover all board, etc.): (i) The exposed wall adjacent to the exposed rear surfaces of the cabinet. cooking range (see § 3280.203(b)(4)); (c) Alternative compliance. When all (ii) Exposed bottoms and sides of exposed surfaces along the bottoms and kitchen cabinets as required by sides of combustible kitchen cabinets § 3280.204; are protected as described in paragraph (iii) Interior walls and ceilings en- (a) of this section, the metal hood, the closing furnace and/or water heater 5⁄16-inch thick gypsum board or equiva- spaces; and lent material, and the 3⁄8-inch airspace (iv) Combustible doors which provide required by paragraph (a) of this sec- interior or exterior access to furnace tion can be omitted, provided that: and/or water heater spaces. The surface (1) A microwave oven is installed be- may be interrupted for louvers ven- tween the cabinet and the range; and tilating the enclosure. However, the (2) The microwave oven is equivalent louvers shall not be constructed of a in fire protection to the metal range material of greater combustibility hood required by paragraph (a) of this than the door itself (e.g., plastic section; and louvers on a wooden door). (3) The microwave oven is certified to (2) No burner of a surface cooking be in conformance with Microwave unit shall be closer than 12 horizontal Cooking Appliances, UL 923–2002 (incor- inches to a window or an exterior door porated by reference, see § 3280.4). with glazing. (d) When a manufactured home is de- [49 FR 32008, Aug. 9, 1984, as amended at 58 signed for the future installation of a FR 55005, Oct. 25, 1993; 70 FR 72042, Nov. 30, cooking range, the metal hood and cab- 2005] inet protection required by paragraph (a) of this section and the wall-sur- § 3280.204 Kitchen cabinet protection. facing protection behind the range re- (a) The bottom and sides of combus- quired by § 3280.203 shall be installed in tible kitchen cabinets over cooking the factory. ranges to a horizontal distance of 6 (e) Vertical clearance above cooking inches from the outside edge of the top. Ranges shall have a vertical clear- cooking range shall be protected with ance above the cooking top of not less at least 5⁄16-inch thick gypsum board or than 24 inches to the bottom of com- equivalent limited combustible mate- bustible cabinets. rial. One-inch nominal framing members and trim are exempted from this [49 FR 32008, Aug. 9, 1984, as amended at 78 requirement. The cabinet area over the FR 73982, Dec. 9, 2013] cooking range or cooktops shall be protected by a metal hood (26-gauge sheet § 3280.205 Carpeting. metal, or .017 stainless steel, or .024 Carpeting shall not be used in a space aluminum, or .020 copper) with not less or compartment designed to contain than a 3-inch eyebrow projecting hori- only a furnace and/or water heater. zontally from the front cabinet face. Carpeting may be used in other areas

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00059 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.206 24 CFR Ch. XX (4–1–19 Edition)

where a furnace or water heater is in- less and a smoke developed index of 450 stalled, provided that it is not located or less. The flame spread and smoke de- under the furnace or water heater. veloped limitations do not apply to: (1) Coverings and facings of insula- § 3280.206 Fireblocking. tion batts or blankets installed in con- (a) General. Fireblocking must com- cealed spaces when the facings are in ply with the requirements of this sec- substantial contact with the unexposed tion. The integrity of all fireblocking surface of wall, floor, or ceiling finish; materials must be maintained. or (b) Fireblocking materials. (2) Cellulose loose-fill insulation that Fireblocking must consist of the fol- complies with paragraph (b) of this sec- lowing materials: tion. (1) Minimum one inch nominal lum- 5 (b) Loose-fill insulation. (1) Cellulose ber, ⁄16 inch thick gypsum board, or loose-fill insulation that is not spray- equivalent fire resistive materials; or applied or self-supporting must comply (2) Other Listed or Approved Mate- with, and each package must be labeled rials; in accordance with the Consumer Prod- (c) Fireblocking locations. (1) Fireblocking must be installed in con- uct Safety Commission requirements cealed spaces of stud walls, partitions, in 16 CFR parts 1209 and 1404. and furred spaces at the floor and ceil- (2) Other loose-fill insulation that ing levels. Concealed spaces must not cannot be mounted in the NFPA 255–96, communicate between floor levels. test apparatus without a screen or Concealed spaces must not commu- other artificial support must be tested nicate between a ceiling level and a in accordance with CAN/ULC S102.2– concealed roof area, or an attic space. M88, Standard Method of Test for Sur- (2) Fireblocking must be installed at face Burning Characteristics of Floor the interconnection of a concealed Coverings and Miscellaneous Materials vertical space and a concealed hori- and Assemblies (incorporated by ref- zontal space that occurs: erence, see § 3280.4), and must have a (i) Between a concealed wall cavity flame spread index of 25 or less and a and the ceiling joists above; and smoke developed index of 450 or less. (ii) At soffits, drop ceilings, cover (c) Attic locations. Exposed insulation ceilings, and similar locations. installed on the floor or ceiling form- (3) Fireblocking must be installed ing the lower boundary of the attic around the openings for pipes, vents, must be tested in accordance with and other penetrations in walls, floors, NFPA 253–2000, Standard Method of and ceilings of furnace and water heat- Test for Critical Radiant Flux of Floor er spaces. Pipes, vents, and other pene- Covering Systems Using a Radiant trations that cannot be moved freely Heat Energy Source (incorporated by within their opening are considered to reference, see § 3280.4) and must have a be fireblocked. Materials used to critical radiant flux of not less than fireblock heat producing vent penetra- 0.12 watt/cm2. tions must be noncombustible or limited combustible types. § 3280.208 Requirements for foam plastic thermal insulating materials. [71 FR 72042, Nov. 30, 2005] (a) General. Foam plastic thermal in- § 3280.207 Requirements for thermal sulating materials shall not be used insulating materials. within the cavity of walls (not includ- (a) General. Except for foam plastic ing doors) or ceilings or be exposed to materials and as provided in this sec- the interior of the home unless: tion, exposed and concealed thermal (1) The foam plastic insulating mate- insulating materials, including any rial is protected by an interior finish of facings, must be tested in accordance 5⁄16-inch thick gypsum board or equiva- with NFPA 255–96, Standard Method of lent material for all cavities where the Test of Surface Burning Characteris- material is to be installed; or tics of Building Materials (incor- (2) The foam plastic is used as a porated by reference, see § 3280.4) and sheathing or siding backerboard, and must have a flame spread index of 25 or it:

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00060 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.209

(i) Has a flame spread rating of 75 or dividual factors to be evaluated include less and a smoke-developed rating of intensity of cavity fire (temperature- 450 or less (not including outer cov- time) and post-test damage. ering of sheathing); (iii) Post-test damage assessment for (ii) Does not exceed 3⁄8-inch in thick- wall and ceiling assemblies. The overall ness; and performance of each total system shall (iii) Is separated from the interior of also be evaluated in determining the the manufactured home by a minimum acceptability of a particular foam plas- of 2 inches of mineral fiber insulation tic insulating material. or an equivalent thermal barrier; or (b) All foam plastic thermal insu- (3) The foam plastic insulating mate- lating materials used in manufactured rial has been previously accepted by housing shall have a flame spread rat- the Department for use in wall and/or ing of 75 or less (not including outer ceiling cavities of manufactured covering or sheathing) and a maximum homes, and it is installed in accordance smoke-developed rating of 450. with any restrictions imposed at the [49 FR 32008, Aug. 9, 1984, as amended at 70 time of that acceptance; or FR 72043, Nov. 30, 2005. Redesignated at 78 FR (4) The foam plastic insulating mate- 73982, Dec. 9, 2013] rial has been tested as required for its location in wall and/or ceiling cavities § 3280.209 Smoke alarm requirements. in accordance with testing procedures (a) Labeling. Each smoke alarm re- described in the Illinois Institute of quired under paragraph (b) of this sec- Technology Research Institute (IIT) tion must conform with the require- Report, ‘‘Development of Mobile Home ments of UL 217, Single and Multiple Fire Test Methods to Judge the Fire- Station Smoke Alarms, dated January Safe Performance of Foam Plastic 4, 1999 (incorporated by reference, see Sheathing and Cavity Insulation, IITRI § 3280.4), or UL 268, Smoke Detectors Fire and Safety Research Project J– for Fire Protective Signaling Systems, 6461, 1979’’ or other full-scale fire tests dated January 4, 1999 (incorporated by accepted by HUD, and it is installed in reference, see § 3280.4), and must bear a a manner consistent with the way the label to evidence conformance. material was installed in the foam (b) Required smoke alarm locations. (1) plastic test module. The materials At least one smoke alarm must be in- must be capable of meeting the fol- stalled in each of the following loca- lowing acceptance criteria required for tions: their location: (i) To protect both the living area (i) Wall assemblies. The foam plastic and kitchen space. Manufacturers are system shall demonstrate equivalent or encouraged to locate the alarm in the superior performance to the control living area remote from the kitchen module as determined by: and cooking appliances. A smoke (A) Time to reach flashover (600 °C in alarm located within 20 feet hori- the upper part of the room); zontally of a cooking appliance must (B) Time to reach an oxygen (O2) incorporate a temporary silencing fea- level of 14% (rate of O2 depletion), a ture or be of a photoelectric type. carbon monoxide (CO) level of 1%, a (ii) In each room designed for sleep- carbon dioxide (CO2) level of 6%, and a ing. smoke level of 0.26 optical density/ (iii) On the ceiling of the upper level meter measured at 5 feet high in the near the top or above each stairway, doorway; and other than a basement stairway, in any (C) Rate of change concentration for multistory home completed in accord- O2, CO, CO2 and smoke measured 3 ance with this part or part 3282 of this inches below the top of the doorway. chapter. The alarm must be located so (ii) Ceiling assemblies. A minimum of that smoke rising in the stairway can- three valid tests of the foam plastic not be prevented from reaching the system and one valid test of the con- alarm by an intervening door or ob- trol module shall be evaluated to de- struction. termine if the foam plastic system (2) For each home designed to be demonstrates equivalent or superior placed over a basement, the manufac- performance to the control module. In- turer must provide a smoke alarm for

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.209 24 CFR Ch. XX (4–1–19 Edition)

the basement and must install at the 4 inches from any adjoining wall sur- factory an electrical junction box for face and from any projecting structural the installation of this smoke alarm element. and for its interconnection to other (d) Connection to power source. (1) smoke alarms required by this section. Each smoke alarm must be powered The instructions for installers and in- from: formation for homeowners required in (i) The electrical system of the home paragraph (f) of this section must as the primary power source and a bat- clearly indicate that a smoke alarm tery as a secondary power source; or should be installed and is to be located (ii) A battery rated for a 10-year life, on the basement ceiling near the stair- provided the smoke alarm is listed for way. use with a 10-year battery. (3) A smoke alarm required under (2) Each smoke alarm whose primary this section must not be placed in a lo- power source is the home electrical cation that impairs its effectiveness or system must be mounted on an elec- in any of the following locations: trical outlet box and connected by a (i) Within 3 feet horizontally from permanent wiring method to a general any discharge grille when a home is electrical circuit. More than one equipped or designed for future instal- smoke alarm is permitted to be placed lation of a roof-mounted evaporative on the same electrical circuit. The wir- cooler or other equipment discharging ing circuit for the alarm must not in- conditioned air through a ceiling grille clude any switches between the over- into the living space; and current protective device and the (ii) In any location or environment alarm, and must not be protected by a that is prohibited by the terms of its ground fault circuit interrupter. listing, except as permitted by this sec- (3) Smoke alarms required under this tion. section must be interconnected such (c) Mounting requirements. (1) Except that the activation of any one smoke in rooms with peaked sloping or shed alarm causes the alarm to be triggered sloping ceilings with a slope of more in all required smoke alarms in the than 1.5/12 or as permitted pursuant to home. paragraph (e) of this section, smoke (e) Visible and tactile notification appli- alarms must be mounted either: ances. (1) In addition to the smoke (i) On the ceiling at least 4 inches alarms required pursuant to this sec- from each wall; or tion, the manufacturer must provide (ii) On a wall with the top of the visible and listed tactile notification alarm not less than 4 inches below the appliances if these appliances are or- ceiling, and not farther from the ceil- dered by the purchaser or retailer being than 12 inches or the distance from fore the home enters the first stage of the ceiling specified in the smoke production. These appliances are re- alarm manufacturer’s listing and in- quired to operate from the primary structions, whichever is less. power source, but are not required to (2) Except as permitted pursuant to operate from a secondary power source. paragraph (e) of this section, in rooms (2) A visible notification appliance in with peaked sloping ceilings with a a room designed for sleeping must have slope of more than 1.5/12, smoke alarms a minimum rating of 177 candela, ex- must be mounted on the ceiling within cept that when the visible notification 3 feet, measured horizontally, from the appliance is wall-mounted or suspended peak of the ceiling; at least 4 inches, more than 24 inches below the ceiling, measured vertically, below the peak of a minimum rating of 110 candela is per- the ceiling; and at least 4 inches from mitted. any projecting structural element. (3) A visible notification appliance in (3) Except as permitted pursuant to an area other than a room designed for paragraph (e) of this section, in rooms sleeping must have a minimum rating with shed sloping ceilings with a slope of 15 candela. of more than 1.5/12, smoke alarms must (f) Testing and maintenance. (1) Each be mounted on the ceiling within 3 required smoke alarm installed at the feet, measured horizontally, of the high factory must be operationally tested, side of the ceiling, and not closer than after conducting the dielectric test

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00062 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.302

specified in § 3280.810(a), in accordance (b) Protection against corrosion, with the alarm manufacturer’s instruc- decay, insects, rodents, and other simi- tions. A smoke alarm that does not lar destructive forces; function as designed during the test (c) Protection against wind hazards; and is not fixed so that it functions (d) Resistance to the elements; and properly in the next retest must be re- (e) Durability and economy of main- placed. Any replacement smoke alarm tenance. must be successfully tested in accord- [78 FR 73982, Dec. 9, 2013] ance with this paragraph. (2) Home manufacturers must provide § 3280.302 Definitions. specific written instructions for in- The following definitions are applica- stallers on how to inspect and test the ble to subpart D only: operation of smoke alarms during in- Anchor assembly means any device or stallation of the home. These instruc- other means designed to transfer home tions must indicate that any smoke anchoring loads to the ground. alarm that does not meet the inspec- Anchoring equipment means ties, tion or testing requirements needs to straps, cables, turnbuckles, chains, and be replaced and retested. other approved components, including (3) Home manufacturers must provide tensioning devices that are used to se- the homeowner with the alarm manu- cure a manufactured home to anchor facturer’s information describing the assemblies. operation, method and frequency of Anchoring system means a combina- testing, and proper maintenance of the tion of anchoring equipment and an- smoke alarm. This information must chor assemblies that will, when prop- be provided in same manner and loca- erly designed and installed, resist the tion as the consumer manual required uplift, overturning, and lateral forces by § 3282.207 of this chapter, but does on the manufactured home and on its not have to be incorporated into the support and foundation system. consumer manual. No dealer, dis- Diagonal tie means a tie intended to tributor, construction contractor, or resist horizontal or shear forces, but other person shall interfere with the which may resist vertical, uplift, and distribution of this information overturning forces. [67 FR 12817, Mar. 19, 2002, as amended at 67 Footing: means that portion of the FR 49795, July 31, 2002. Redesignated at 78 FR support system that transmits loads 73982, Dec. 9, 2013] directly to the soil. Foundation system means a system of § 3280.210 Fire testing. support that is capable of transferring All fire testing conducted in accord- all design loads to the ground, includ- ance with this subpart shall be per- ing elements of the support system as formed by nationally recognized test- defined in this section, or a site-built ing laboratories which have expertise permanent foundation that meets the in fire technology. In case of dispute, requirements of 24 CFR 3282.12. the Secretary shall determine if a par- Ground anchor means a specific an- ticular agency is qualified to perform choring assembly device designed to such fire tests. transfer home anchoring loads to the ground. [49 FR 32011, Aug. 9, 1984. Redesignated at 78 Loads: (1) Dead load: means the FR 73982, Dec. 9, 2013] weight of all permanent construction including walls, floors, roof, partition, Subpart D—Body and Frame and fixed service equipment. Construction Requirements (2) Live load: means the weight superimposed by the use and occupancy of § 3280.301 Scope. the manufactured home, including This subpart covers the minimum re- wind load and snow load, but not in- quirements for materials, products, cluding dead load. equipment, and workmanship needed to (3) Wind load: means the lateral or assure that the manufactured home vertical pressure or uplift on the manu- will provide the following: factured home due to wind blowing in (a) Structural strength and rigidity; any direction.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00063 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.303 24 CFR Ch. XX (4–1–19 Edition)

Main frame: means the structural (c) Structural analysis. The strength component on which is mounted the and rigidity of the component parts body of the manufactured home. and/or the integrated structure shall be Pier: means that portion of the sup- determined by engineering analysis or port system between the footing and by suitable load tests to simulate the manufactured home exclusive of caps actual loads and conditions of applica- and shims. tion that occur. (See subparts E and J.) Sheathing: means material which is (d) [Reserved] applied on the exterior side of a build- (e) New materials and methods. (1) Any ing frame under the exterior weather new material or method of construc- resistant covering. tion not provided for in this standard Stabilizing devices means all compo- and any material or method of ques- nents of the anchoring and support sys- tioned suitability proposed for use in tems, such as piers, footings, ties, an- the manufacture of the structure shall choring equipment, anchoring assem- nevertheless conform in performance blies, or any other equipment, mate- to the requirements of this standard. rials, and methods of construction that support and secure the manufactured (2) Unless based on accepted engi- home to the ground. neering design for the use indicated, all Support system: means a combination new manufactured home materials, of footings, piers, caps, and shims that equipment, systems or methods of con- will, when properly installed, support struction not provided for in this the manufactured home. standard shall be subjected to the tests Support system means any pilings, col- specified in paragraph (g) of this sec- umns, footings, piers, foundation walls, tion. shims, and any combination thereof (f) Allowable design stress. The design that, when properly installed, support stresses of all materials shall conform the manufactured home. to accepted engineering practice. The Tie: means straps, cable, or securing use of materials not certified as to devices used to connect the manufac- strength or stress grade shall be lim- tured home to ground anchors. ited to the minimum allowable stresses Vertical tie: means a tie intended to under accepted engineering practice. resist the uplifting or overturning (g) Alternative test procedures. In the forces. absence of recognized testing procedures either in the Standards in this [58 FR 55005, Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994, as amended at 72 FR 59361, Oct. 19, part or in the applicable provisions of 2007] those standards incorporated in this part by reference, the manufacturer § 3280.303 General requirements. electing this option must develop or (a) Minimum requirements. The design cause to be developed testing proce- and construction of a manufactured dures to demonstrate the structural home shall conform with the provisions properties and significant characteris- of this standard. Requirements for any tics of the material, assembly, sub- size, weight, or quality of material assembly component, or member, ex- modified by the terms of minimum, not cept for testing methods involving one- less than, at least, and similar expres- piece metal roofing as would be re- sions are minimum standards. The quired in § 3280.305(c)(1)(iii). Such test- manufacturer or installer may exceed ing procedures become part of the man- these standards provided such devi- ufacturer’s approved design. Such tests ation does not result in any inferior in- must be witnessed by an independent stallation or defeat the purpose and in- licensed professional engineer or archi- tent of this standard. tect or by a recognized testing organi- (b) Construction. All construction zation. Copies of the test results must methods shall be in conformance with be kept on file by the manufactured accepted engineering practices to in- home manufacturer. sure durable, livable, and safe housing [40 FR 58752, Dec. 18, 1975. Redesignated at 44 and shall demonstrate acceptable FR 20679, Apr. 6, 1979, as amended at 58 FR workmanship reflecting journeyman 55005, Oct. 25, 1993; 59 FR 2469, Jan. 14, 1994; quality of work of the various trades. 70 FR 72043, Nov. 30, 2005]

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00064 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.304

§ 3280.304 Materials. Design and Fabrication of Glued Plywood- Lumber Beams, Supplement# 2—APA S 812R, (a) Dimension and board lumber shall 1992 (incorporated by reference, see § 3280.4). not exceed 19 percent moisture content Design and Fabrication of Plywood Curved at time of installation. Panels—APA–S 811M, Suppl. 1, 1990. (b)(1) Standards for some of the gen- Design and Fabrication of Plywood Sand- erally used materials and methods of wich Panels, Supplement #4—APA U 814H, construction are listed in the following 1990 (incorporated by reference, see § 3280.4). Performance Standard for Wood-Based table: Structural Use Panels—NIST PS 2–04, 2004 Aluminum (incorporated by reference, see § 3280.4). Design and Fabrication of Plywood Aluminum Design Manual, Specifications Stressed-Skin Panels, Supplement 3—APA–U and Guidelines for Aluminum Structures, 813L, 1992 (incorporated by reference, see Part 1-A, Sixth Edition, October 1994, and § 3280.4). Part 1-B, First Edition, October 1994. National Design Specifications for Wood Construction, 2001 Edition, with Supplement, Steel Design Values for Wood Construction, NDS– Specification for Structural Steel Build- 2001, ANSI/AFPA. ings—Allowable Stress Design and Plastic Wood Structural Design Data, 1986 Edition Design—AISC–S335, 1989. The following parts with 1992 Revisions, AFPA. of this reference standard are not applicable: Span Tables for Joists and Rafters—PS–20– 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.4.6, 1.5.1.5, 1.5.5, 1.6, 70, 1993, AFPA. 1.7, 1.8, 1.9, 1.10.4 through 1.10.7, 1.10.9, 1.11, Design Values for Joists and Rafters 1992, 1.13, 1.14.5, 1.17.7 through 1.17.9, 1.19.1, 1.19.3, AFPA. 1.20, 1.21, 1.23.7, 1.24, 1.25.1 through 1.25.5, Particleboard—ANSI A208.1–1999. 1.26.4, 2.3, 2.4, 2.8 through 2.10. Voluntary Specifications for Aluminum, Vinyl (PVC) and Wood Windows and Glass Specification for the Design of Cold- Doors—ANSI/AAMA/NWWDA 101/I.S.2–97. Formed Steel Structural Members—AISI– Standard Test Methods for Puncture and 1996. Stiffness of Paperboard, and Corrugated and Specification for the Design of Cold- Solid Fiberboard—ASTM D781, 1973. Formed Stainless Steel Structural Mem- Standard Test Methods for Direct Moisture bers—SEI/ASCE 8–02, 2002. Content Measurement of Wood and Wood- Standard Specifications Load Tables and Base Materials—ASTM D 4442–92 (Re-ap- Weight Tables for Steel Joists and Joist proved 1997), 1997. Girders, SJI, Fortieth Edition, 1994. Standard Test Methods for Use and Cali- Structural Applications of Steel Cables for bration of Hand-Held Moisture Meters— Buildings—ASCE19, 1996. ASTM D4444, 1992. Standard Specification for Strapping, Flat Engineered Wood Construction Guide— Steel and Seals—ASTM D3953, 1991. APA E30R 2001 (incorporated by reference, see § 3280.4). Wood and Wood Products Medium Density Fiberboard (MDF) For In- Basic Hardboard—ANSI/AHA A135.4–1995. terior Applications—ANSI A208.2–2002 (incor- Prefinished Hardboard Paneling—ANSI/ porated by reference, see § 3280.4). AHA A135.5–1995. Hardboard Siding—ANSI/AHA A135.6–1998. Other American National Standard for Hardwood Standard Specification for Gypsum Wall- and Decorative Plywood—ANSI/HPVA HP–1– board—ASTM C 36/C 36M–99, 1999. 1994 (Approved 1995). Structural Design Guide for Hardwood Ply- Fasteners wood Wall Panels—HPVA Design Guide HP– National Evaluation Report, Power Driven SG–96, 1996. Staples, Nails, and Allied Fasteners for Use For wood products—Structural Glued Lam- in All Types of Building Construction—NER– inated Timber—ANSI/AITC A190.1–1992. 272, 1997. Construction and Industrial Plywood (With Typical APA Trademarks)—PS 1–95. Unclassified APA Design/Construction Guide, Residen- Minimum Design Loads for Buildings and tial and Commercial—APA E30-P–1996. Other Structures—ASCE 7–1988. Design Specifications for Metal Plate and Standard for Safety Glazing Materials used Wood Connected Trusses—TPI–85. in Buildings—Safety Performance Specifica- Design and Fabrication of All-Plywood tions and Methods of Test, ANSI Z97.1–2004 Beams—APA H–815E (PDS Supplement #5), (incorporated by reference, see § 3280.4). 1995. Panel Design Specification—APA D410A, (2) Materials and methods of con- 2004. struction utilized in the design and

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00065 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.305 24 CFR Ch. XX (4–1–19 Edition)

construction of manufactured homes The roof live load or snow load shall which are covered by the standards in not be considered as acting simulta- the following table, or any applicable neously with the wind load and the portion thereof shall comply with these roof live or snow load and floor live requirements. loads shall not be considered as resist- (3) Engineering analysis and testing ing the overturning moment due to methods contained in these references wind. shall be utilized to judge conformance (3) When engineering calculations are with accepted engineering practices re- performed, allowable unit stresses may quired in § 3280.303(c). be increased as provided in the docu- (4) Materials and methods of installa- ments referenced in § 3280.304 except as tion conforming to these standards otherwise indicated in §§ 3280.304(b)(1) shall be considered acceptable when in- and 3280.306(a). stalled in conformance with the re- (4) Whenever the roof slope does not quirements of this part. exceed 20 degrees, the design horizontal (5) Materials meeting the standards wind loads required by § 3280.305(c)(1) (or the applicable portion thereof) are may be determined without including considered acceptable unless otherwise the vertical roof projection of the man- specified herein or unless substantial ufactured home. However, regardless of doubt exists as to conformance. the roof slope of the manufactured (c) Wood products shall be identified home, the vertical roof projection shall as complying with the appropriate be included when determining the wind standards. loading for split level or clerestory- type roof systems. [40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977. Redesignated at 44 FR (c) Wind, snow, and roof loads—(1) 20679, Apr. 6, 1979, as amended at 58 FR 55006, Wind loads—design requirements. (i) Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994; 70 FR Standard wind loads (Zone I). When a 72043, Nov. 30, 2005; 78 FR 73982, Dec. 9, 2013] manufactured home is not designed to resist the wind loads for high-wind § 3280.305 Structural design require- areas (Zone II or Zone III) specified in ments. paragraph (c)(1)(ii) of this section, the (a) General. Each manufactured home manufactured home and each of its shall be designed and constructed as a wind-resisting parts and portions must completely integrated structure capa- be designed for horizontal wind loads of ble of sustaining the design load re- not less than 15 psf and a net uplift roof quirements of this standard, and shall load of not less than 9 psf. The net up- be capable of transmitting these loads lift roof load must not be reduced by to stabilizing devices without exceed- the dead load of the roof structure for ing the allowable stresses or deflec- the purposes of engineering design or tions. Roof framing shall be securely structural load testing. fastened to wall framing, walls to floor (ii) Wind loads for high wind areas structure, and floor structure to chas- (Zone II and Zone III). When designed sis to secure and maintain continuity for high wind areas (Zone II and Zone between the floor and chassis, so as to III), the manufactured home, each of resist wind overturning, uplift, and its wind resisting parts (including, but sliding as imposed by design loads in not limited to, shear walls, dia- this part. Uncompressed finished floor- phragms, ridge beams, and their fas- ing greater than 1⁄8 inch in thickness tening and anchoring systems), and its shall not extend beneath load-bearing components and cladding materials (in- walls that are fastened to the floor cluding, but not limited to, roof truss- structure. es, wall studs, exterior sheathing, roof- (b) Design loads—(1) Design dead loads. ing and siding materials, exterior glaz- Design dead loads shall be the actual ing, and their connections and fas- dead load supported by the structural teners) shall be designed by a Profes- assembly under consideration. sional Engineer or Architect to resist: (2) Design live loads. The design live (A) The design wind loads for Expo- loads and wind and snow loads shall be sure C specified in ANSI/ASCE 7–88, as specified in this section and shall be ‘‘Minimum Design Loads for Buildings considered to be uniformly distributed. and Other Structures,’’ for a fifty-year

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00066 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.305

recurrence interval, and a design wind Wind Zone III (Basic Wind Zone Map); speed of 100 mph, as specified for Wind or Zone II, or 110 mph, as specified for (B) The wind pressures specified in the following table:

TABLE OF DESIGN WIND PRESSURES

Wind zone II Wind zone III design wind design wind Element speed 100 speed 110 MPH MPH

Anchorage for lateral and vertical stability (See § 3280.306(a)): Net Horizontal Drag 12: ...... 3 ±39 PSF 3 ±47 PSF Uplift 4: ...... 5 ¥27 PSF ¥32 PSF Main wind force resisting system: Shearwalls, Diaphragms and their Fastening and Anchorage Systems 12 ...... ±39 PSF ±47 PSF Ridge beams and other Main Roof Support Beams (Beams supporting expanding room sections, etc.) ...... ¥30 PSF ¥36 PSF Components and cladding: Roof trusses 4 in all areas; trusses shall be doubled within 3′-0′ from each end of the roof ...... 5 ¥39 PSF 5 ¥47 PSF Exterior roof coverings, sheathing and fastenings 4,6,7 in all areas except the following ...... 5 ¥39 PSF 5 ¥47 PSF Within 3′-0′ from each gable end (overhang at end wall) of the roof or endwall if no overhang is provided 4,6,7 ...... 5 ¥73 PSF 5 ¥89 PSF Within 3′-0′ from the ridge and eave (overhang at sidewall) or sidewall if no eave is provided 4,6,7 ...... 5 ¥51 PSF 5 ¥62 PSF Eaves (Overhangs at Sidewalls) 4,6,7 ...... 5 ¥51 PSF 5 ¥62 PSF Gables (Overhangs at Endwalls) 4,6,7 ...... 5 ¥73 PSF 5 ¥89 PSF Wall studs in sidewalls and endwalls, exterior windows and sliding glass doors (glazing and framing), exterior coverings, sheathing and fastenings 8: Within 3′-0′ from each corner of the sidewall and endwall ...... ±48 PSF ±58 PSF All other areas ...... ±38 PSF ±46 PSF NOTES: 1 The net horizontal drag of ±39 PSF to be used in calculating Anchorage for Lateral and Vertical Stability and for the design of Main Wind Force Resisting Systems is based on a distribution of wind pressures of + 0.8 or + 24 PSF to the windward wall and ¥0.5 or ¥15 PSF to the leeward wall. 2 Horizontal drag pressures need not be applied to roof projections when the roof slope does not exceed 20 degrees. 3 + sign would mean pressures are acting towards or on the structure; ¥ sign means pressures are acting away from the structure; ±sign means forces can act in either direction, towards or away from the structure. 4 Design values in this ‘‘Table’’ are only applicable to roof slopes between 10 degrees (nominal 2/12 slope) and 30 degrees. 5 The design uplift pressures are the same whether they are applied normal to the surface of the roof or to the horizontal projection of the roof. 6 Shingle roof coverings that are secured with 6 fasteners per shingle through an underlayment which is cemented to a 3/8’’ structural rated roof sheathing need not be evaluated for these design wind pressures. 7 Structural rated roof sheathing that is at least 3/8’’ in thickness, installed with the long dimension perpendicular to roof framing supports, and secured with fasteners at 4’’ on center within 3′-0′ of each gable end or endwall if no overhang is provided and 6’’ on center in all other areas, need not be evaluated for these design wind pressures. 8 Exterior coverings that are secured at 6″ o.c. to a 3/8″ structural rated sheathing that is fastened to wall framing members at 6″ on center need not be evaluated for these design wind pressures.

(iii) One-piece metal roofing capable (i) Wind Zone I. Wind Zone I consists of resisting the design wind pressures of those areas on the Basic Wind Zone for ‘‘Components and Cladding: (Exte- Map that are not identified in para- rior roof coverings)’’ in the Table for graphs (c)(2)(ii) or (iii) of this section Design Wind Pressures in this section as being within Wind Zone II or III, re- is allowed to be used without struc- spectively. tural sheathing, provided the metal (ii) Wind Zone II.....100 mph. The fol- roofing is tested using procedures that lowing areas are deemed to be within have been approved by HUD and that Wind Zone II of the Basic Wind Zone meet all requirements of §§ 3280.303(c) Map: and (g) and 3280.401. (2) Wind loads—zone designations. The Local governments: The following local gov- Wind Zone and specific wind design ernments listed by State (counties, unless load requirements are determined by specified otherwise): the fastest basic wind speed (mph) Alabama: Baldwin and Mobile. within each Zone and the intended lo- Florida: All counties except those identi- cation, based on the Basic Wind Zone fied in paragraph (c)(1)(i)(C) of this section Map, as follows: as within Wind Zone III.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00067 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.305 24 CFR Ch. XX (4–1–19 Edition)

Georgia: Bryan, Camden, Chatham, Glynn, Florida: Broward, Charlotte, Collier, Dade, Liberty, McIntosh. Franklin, Gulf, Hendry, Lee, Martin, Man- Louisiana: Parishes of Acadia, Allen, As- atee, Monroe, Palm Beach, Pinellas, and cension, Assumption, Calcasieu, Cameron, Sarasota. East Baton Rouge, East Feliciana, Evan- Louisiana: Parishes of Jefferson, La Four- geline, Iberia, Iberville, Jefferson Davis, La- che, Orleans, Plaquemines, St. Bernard, St. Fayette, Livingston, Pointe Coupee, St. Hel- Charles, St. Mary, and Terrabonne. ena, St. James, St. John the Baptist, St. North Carolina: Carteret, Dare, and Hyde. Landry, St. Martin, St. Tammany, Tangipahoa, Vermillion, Washington, West (iv) Consideration of local requirements. Baton Rouge, and West Feliciana. For areas where wind mapping data or Maine: Hancock and Washington. records or the requirements of the Massachusetts: Barnstable, Bristol, Dukes, State or local authority indicate wind Nantucket, and Plymouth. speeds in excess of those identified in Mississippi: George, Hancock, Harrison, this section, the Department may es- Jackson, Pearl River, and Stone. tablish, through rulemaking, more North Carolina: Beaufort, Brunswick, Cam- stringent requirements for manufac- den, Chowan, Columbus, Craven, Currituck, tured homes to be installed in such Jones, New Hanover, Onslow, Pamlico, areas. Pasquotank, Pender, Perquimans, Tyrrell, (3) Snow and roof loads. (i) Flat, and Washington. South Carolina: Beaufort, Berkeley, curved and pitched roofs shall be de- Charleston, Colleton, Dorchester, George- signed to resist the following live town, Horry, Jasper, and Williamsburg. loads, applied downward on the hori- Texas: Aransas, Brazoria, Calhoun, Cam- zontal projection as appropriate for the eron, Chambers, Galveston, Jefferson, design zone marked on the manufac- Kenedy, Kleberg, Matagorda, Nueces, Or- tured home: ange, Refugio, San Patricio, and Willacy. Virginia: Cities of Chesapeake, Norfolk, Pounds per Portsmouth, Princess Anne, and Virginia Zone (see Map in § 3280.305(c)(4)) square Beach. foot

(iii) Wind Zone III.....110 mph. The fol- North Zone ...... 40 lowing areas are considered to be with- Middle Zone ...... 30 in Wind Zone III of the Basic Wind South Zone ...... 20 Zone Map: (A) North Roof Load Zone. The fol- (A) States and Territories: The entire lowing counties in each of the fol- State of Hawaii, the coastal regions of lowing states are deemed to be within Alaska (as determined by the 90 mph the North Roof Load Zone: isotach on the ANSI/ASCE 7–88 map), and all of the U.S. Territories of Amer- Maine—Aroostook, Piscataquis, Somerset, ican Samoa, Guam, Northern Mariana Penobscot, Waldo, Knox, Hancock, and Islands, Puerto Rico, Trust Territory Washington. of the Pacific Islands, and the United Alaska—All Counties States Virgin Islands. (B) Middle Roof Load Zone. The fol- (B) Local governments: The following lowing counties in each of the fol- local governments listed by State lowing states are deemed to be within (counties, unless specified otherwise): 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

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00068 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.305

States Counties

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 Stevens Hennepin Le Sueur Pope Ramsey Scott

Iowa Hancock 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

Wisconsin Douglas Oconto Pepin Lincoln Bayfield 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 Door St. Croix

Michigan Houghton Iron Presque Isle Wexford Baraga Dickinson Charlevoix Benzie Marquette Menominee Montmorency Grand Traverse Alger Delta Alpena Kalkaska Luce Schoolcraft Alcona Oscoda Chippewa Mackinac Ogemaw Otsego Keweenaw Cheyboygan Roscommon Leelanau Ontonagon Emmet Missaukee Antrim Gogebic Crawford

New York St. Lawrence Herkimer Onondaga 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

Wyoming All Counties

Utah All Counties

Vermont Franklin Orleans Caledonia Addison Grand Isle Essex Washington Rutland Lamoille Chittenden Orange Windsor

New Hampshire All Counties

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00069 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.305 24 CFR Ch. XX (4–1–19 Edition)

(c)(3)(i)(A) of this section, or the Mid- I, and for the design pressures cited in dle Roof Load Zone in paragraph § 3280.305(c)(1)(ii) for Wind Zones II and (c)(3)(i)(B) of this section, are deemed III. to be within the South Roof Load Zone. (iv) Skylights must be capable of (ii) Consideration of local requirements. withstanding roof loads as specified in For exposures in areas (mountainous or paragraphs (c)(3)(i) or (c)(3)(ii) of this other) where recognized snow records, section. Skylights must be listed and wind records, or the requirements of tested in accordance with AAMA 1600/ the State or local authority indicate I.S.7–00, 2003, Voluntary Specification significant differences from the loads for Skylights. stated in this paragraph (c)(3), the De- (4) Data plate requirements. The Data partment may establish, through rule- Plate posted in the manufactured home making, more stringent requirements (see § 3280.5) shall designate the wind for manufactured homes to be installed and roof load zones or, if designed for in such areas. For snow loads, such re- higher loads, the actual design external quirements must be based on a roof snow and wind loads for which the snow load of 0.6 of the ground snow home has been designed. The Data load for areas exposed to wind and a Plate shall include reproductions of the roof snow load of 0.8 of the ground snow Load Zone Maps shown in this para- load for sheltered areas. graph (c)(4), with any related informa- (iii) Eaves and cornices shall be de- tion. The Load Zone Maps shall be not signed for a net uplift pressure of 2.5 less than either 31⁄2 in. by 21⁄4 in., or times the design uplift wind pressure one-half the size illustrated in the Code cited in § 3280.305(c)(1)(i) for Wind Zone of Federal Regulations.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00070 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.305

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00071 Fmt 8010 Sfmt 8006 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER14JA94.000 § 3280.305 24 CFR Ch. XX (4–1–19 Edition)

(d) Design load deflection. (1) When a not exceed the following (where L structural assembly is subjected to equals the clear span between supports total design live loads, the deflection or two times the length of a canti- for structural framing members shall lever):

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00072 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER20OC97.004 Office of Asst. Sec. for Housing, HUD § 3280.305

Floor—L/240 ble of resisting the applicable design Roof and ceiling—L/180 wind loads. Headers, beams, and girders (vertical load)— (f) Walls. The walls shall be of suffi- L/180 Walls and partitions—L/180 cient strength to withstand the load requirements as defined in § 3280.305(c) (2) The allowable eave or cornice de- of this part, without exceeding the deflection for uplift is to be measured at flections as specified in § 3280.305(d). the design uplift load of 9 psf for Wind The connections between the bearing Zone I, and at the design uplift pres- walls, floor, and roof framework mem- sure cited in paragraph (c)(1)(ii) of this bers shall be fabricated in such a man- section for Wind Zones II and III. The ner as to provide support for the mate- allowable deflection shall be (2 × Lc)/ rial used to enclose the manufactured 180, where Lc is the measured hori- home and to provide for transfer of all zontal eave projection from the wall. lateral and vertical loads to the floor (e) Fastening of structural systems. (1) and chassis. Roof framing must be securely fastened (1) Except where substantiated by en- to wall framing, walls to floor struc- gineering analysis or tests, studs shall ture, and floor structure to chassis, to not be notched or drilled in the middle secure and maintain continuity be- one-third of their length. tween the floor and chassis in order to (2) Interior walls and partitions shall resist wind overturning, uplift, and be constructed with structural capac- sliding, and to provide continuous load ity adequate for the intended purpose paths for these forces to the foundation and shall be capable of resisting a hori- or anchorage system. The number and type of fasteners used must be capable zontal load of not less than five pounds of transferring all forces between ele- per square foot. An allowable stress in- ments being joined. crease of 1.33 times the permitted pub- (2) For Wind Zone II and Wind Zone lished design values may be used in the III, roof framing members must be se- design of wood framed interior parti- curely fastened at the vertical bearing tions. Finish of walls and partitions points to resist design overturning, up- shall be securely fastened to wall fram- lift, and sliding forces. When engi- ing. neered connectors are not installed, (g) Floors. (1) Floor assemblies shall roof framing members must be secured be designed in accordance with accept- at the vertical bearing points to wall ed engineering practice standards to framing members (studs), and wall support a minimum uniform live load framing members (studs) must be se- of 40 lb/ft 2 plus the dead load of the cured to floor framing members, with materials. In addition (but not simul- 0.016 inch base metal, minimum steel taneously), floors shall be able to sup- strapping or engineered connectors, or port a 200–pound concentrated load on by a combination of 0.016 inch base a one-inch diameter disc at the most metal, minimum steel strapping or en- critical location with a maximum de- gineered connectors, and structural- flection not to exceed one-eighth inch rated wall sheathing that overlaps the relative to floor framing. Perimeter roof and floor system if substantiated wood joists of more than six inches by structural analysis or by suitable depth shall be stabilized against overload tests. Steel strapping or engi- turning from superimposed loads as fol- neered connectors are to be installed at lows: at ends by solid blocking not less a maximum spacing of 24 inches on than two-inch thickness by full depth center in Wind Zone II, and 16 inches of joist, or by connecting to a contin- on center in Wind Zone III. Exception: uous header not less than two-inch Where substantiated by structural thickness and not less than the depth analysis or suitable load tests, the 0.016 of the joist with connecting devices; at inch base metal minimum steel strap- eight-feet maximum intermediate ping or engineered connectors may be spacing by solid blocking or by wood omitted at the roof to wall and/or wall cross-bridging of not less than one inch to floor connections, when structural by three inches, metal cross-bridging of rated sheathing that overlaps the roof equal strength, or by other approved and wall and/or wall and floor is capa- methods.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00073 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.305 24 CFR Ch. XX (4–1–19 Edition)

(2) Wood, wood fiber or plywood by sealing or applying nonabsorbent floors or subfloors in kitchens, bath- overlay with water resistant adhesive. rooms (including toilet compartments), (4) Carpet or carpet pads shall not be laundry areas, water heater compart- installed under concealed spaces sub- ments, and any other areas subject to ject to excessive moisture, such as excessive moisture shall be moisture plumbing fixture spaces, floor areas resistant or shall be made moisture re- under installed laundry equipment. sistant by sealing or by an overlay of Carpet may be installed in laundry nonabsorbent material applied with space provided: water-resistant adhesive. Use of one of (i) The appliances are not provided; the following methods would meet this (ii) The conditions of paragraph (g)(2) requirement: of this section are followed; and (i) Sealing the floor with a water-re- (iii) Instructions are provided to resistant sealer; or move carpet when appliances are in- (ii) Installing an overlay of a non-ab- stalled. sorbent floor covering material applied (5) Except where substantiated by en- with water-resistant adhesive; or gineering analysis or tests: (iii) Direct application of a water-re- (i) Notches on the ends of joists shall sistant sealer to the exposed wood floor not exceed one-fourth the joist depth. area when covered with a non-absorb- (ii) Holes bored in joists shall not be ent overlay; or within 2 inches of the top or bottom of (iv) The use of a non-absorbent floor the joist, and the diameter of any such covering which may be installed with- hole shall not exceed one-third the out a continuous application of a depth of the joist. water-resistant adhesive or sealant (iii) Notches in the top or bottom of when the floor covering meets the fol- the joists shall not exceed one-sixth lowing criteria: the depth and shall not be located in (A) The covering is a continuous the middle third of the span. membrane with any seams or patches (6) Bottom board material (with or seam bonded or welded to preserve the without patches) shall meet or exceed continuity of the floor covering; and the level of 48 inch-pounds of puncture (B) The floor is protected at all pene- resistance as tested by the Beach Punc- trations in these areas by sealing with ture Test in accordance with Standard a compatible water-resistant adhesive Test Methods for Puncture and Stiff- or sealant to prevent moisture from ness of Paperboard, and Corrugated and migrating under the nonabsorbent Solid Fiberboard, ASTM D–781–1968 floor covering; and (73). The material shall be suitable for (C) The covering is fastened around patches and the patch life shall be the perimeter of the subfloor in accord- equivalent to the material life. Patch ance with the floor covering manufac- installation instruction shall be in- turer’s instructions; and, cluded in the manufactured home man- (D) The covering is designed to be in- ufacturer’s instructions. stalled to prevent moisture penetration (h) Roofs. (1) Roofs shall be of suffi- without the use of a water-resistant cient strength to withstand the load adhesive or sealer except as required in requirements as defined in § 3280.305 (b) this paragraph (g). The vertical edges and (c) without exceeding the deflec- of penetrations for plumbing shall be tions specified in § 3280.305(d). The con- covered with a moisture-resistant ad- nections between roof framework mem- hesive or sealant. The vertical penetra- bers and bearing walls shall be fab- tions located under the bottom plates ricated in such a manner to provide for of perimeter walls of rooms, areas, or the transfer of design vertical and hori- compartments are not required to be zontal loads to the bearing walls and to sealed; this does not include walls or resist uplift forces. partitions within the rooms or areas. (2) Roofing membranes shall be of (3) Wood panel products used as floor sufficient rigidity to prevent deflection or subfloor materials on the exterior of which would permit ponding of water the home, such as in recessed or separation of seams due to wind, entryways, must be rated for exterior snow, ice, erection or transportation exposure and protected from moisture forces.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00074 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.306

(3) Cutting of roof framework mem- struction and safety standards must be bers for passage of electrical, plumbing designed to resist a minimum design or mechanical systems shall not be al- live load of 40 pounds per square foot lowed except where substantiated by (psf) in accordance with paragraph (g) engineering analysis. of this section. (4) All roof penetrations for elec- (2) For roofs with slopes less than 7:12 trical, plumbing or mechanical sys- that contain an attic area or for por- tems shall be properly flashed and tions of roofs with slopes 7:12 or great- sealed. In addition, where a metal roof er that do meet the ceiling height/liv- membrane is penetrated, a wood backer ing space requirements of the stand- shall be installed. The backer plate ards, the attic floor must be designed shall be not less than 5⁄16 inch plywood, for a storage live load of 20 pounds per with exterior glues, secured to the roof square foot (psf). framing system beneath the metal roof, and shall be of a size to assure [40 FR 58752, Dec. 18, 1975. Redesignated at 44 that all screws securing the flashing FR 20679, Apr. 6, 1979, as amended at 44 FR are held by the backer plate. 66195, Nov. 19, 1979; 52 FR 4582, Feb. 12, 1987; (i) Frame construction. The frame 58 FR 55006, Oct. 25, 1993; 59 FR 2469, Jan. 14, 1994; 59 FR 15113, 15114, Mar. 31, 1994; 62 FR shall be capable of transmitting all de- 54547, Oct. 20, 1997; 70 FR 72043, Nov. 30, 2005; sign loads to stabilizing devices with- 71 FR 19638, Apr. 17, 2006; 78 FR 73983, Dec. 9, out exceeding the allowable load and 2013; 80 FR 53727, Sept. 8, 2015] deflections of this section. The frame shall also be capable of withstanding § 3280.306 Windstorm protection. the effects of transportation shock and (a) Provisions for support and anchor- vibration without degradation as re- Each manufactured home quired by subpart J. ing systems. (1) [Reserved] shall have provisions for support/an- (2) Protection of metal frames against choring or foundation systems that, corrosion. Metal frames shall be made when properly designed and installed, corrosion resistant or protected will resist overturning and lateral against corrosion. Metal frames may be movement (sliding) of the manufac- protected against corrosion by paint- tured home as imposed by the respec- ing. tive design loads. For Wind Zone I, the (j) Welded connections. (1) All welds design wind loads to be used for calcu- must be made in accordance with the lating resistance to overturning and applicable provisions of the Specifica- lateral movement shall be the simulta- tion for Structural Steel Buildings, Al- neous application of the wind loads in- lowable Stress Design and Plastic De- dicated in § 3280.305(c)(1)(i), increased sign, AISC–S335, 1989; the Specification by a factor of 1.5. The 1.5 factor of safe- for the Design of Cold-Formed Steel ty for Wind Zone I is also to be applied Structural Members, AISI, 1996; and simultaneously to both the vertical the Specification for the Design of building projection, as horizontal wind Cold-Formed Stainless Steel Struc- load, and across the surface of the full tural Members, SEI/ASCE 8–02, 2002. roof structure, as uplift loading. For (2) Regardless of the provisions of Wind Zones II and III, the resistance any reference standard contained in shall be determined by the simulta- this subpart, deposits of weld slag or neous application of the horizontal flux shall be required to be removed drag and uplift wind loads, in accord- only from welded joints at the fol- ance with § 3280.305(c)(1)(ii). The basic lowing locations: allowable stresses of materials re- (i) Drawbar and coupling mecha- quired to resist overturning and lateral nisms; movement shall not be increased in the (ii) Main member splices, and design and proportioning of these mem- (iii) Spring hanger to main member bers. No additional shape or location connections. factors need to be applied in the design (k) Attics. (1) For roofs with slopes of the tiedown system. The dead load of 7:12 or greater, the area of the attic the structure may be used to resist floor that meets the ceiling-height/liv- these wind loading effects in all Wind ing-space requirements of these con- Zones.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00075 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.306 24 CFR Ch. XX (4–1–19 Edition)

(1) The provisions of this section (iii) That ground anchors are to be shall be followed and the support and embedded below the frost line, unless anchoring systems shall be designed by the foundation system is frost-pro- a Registered Professional Engineer or tected in accordance with §§ 3285.312(b) Architect. and 3285.404 of the Model Manufactured (2) The manufacturer of each manu- Home Installation Standards in this factured home is required to make pro- chapter. vision for the support and anchoring (iv) That ground anchors must be in- systems but is not required to provide stalled to their full depth, and sta- the anchoring equipment or stabilizing bilizer plates must be installed in ac- devices. When the manufacturer’s in- cordance with the ground anchor list- stallation instructions provide for the ing or certification to provide required main frame structure to be used as the resistance to overturning and sliding. points for connection of diagonal ties, (v) That anchoring equipment should no specific connecting devices need be be certified by a registered professional provided on the main frame structure. engineer or architect to resist these (b) Contents of instructions. (1) The specified forces in accordance with manufacturer must provide printed in- testing procedures in ASTM D3953–97, structions with each manufactured Standard Specification for Strapping, home that specify the location and re- Flat Steel and Seals (incorporated by quired capacity of stabilizing devices reference, see § 3280.4). on which the home’s design is based. (c) Design criteria. The provisions The manufacturer must identify by made for anchoring systems shall be paint, label, decal stencil, or other based on the following design criteria means: the location of each column for manufactured homes. support pier location required along (1) The minimum number of ties pro- the marriage line(s) of multi-section vided per side of each home shall resist design wind loads required in manufactured homes; each pier loca- § 3280.305(c)(1). tion required along the perimeter of (2) Ties shall be as evenly spaced as the home; each required shear wall pier practicable along the length of the support; and any other special pier sup- manufactured home, with not more port locations specified in the manu- than two (2) feet open-end spacing on facturer’s printed instructions. Such each end. identifications must be visible after (3) Vertical ties or straps shall be po- the home is installed. The manufac- sitioned at studs. Where a vertical tie turer must provide drawings and speci- and a diagonal tie are located at the fications, certified by a registered pro- same place, both ties may be connected fessional engineer or architect, that in- to a single anchor, provided that the dicate at least one acceptable system anchor used is capable of carrying both of anchoring, including the details or loadings, simultaneously. required straps or cables, their end (4) Add-on sections of expandable connections, and all other devices manufactured homes shall have provi- needed to transfer the wind loads from sions for vertical ties at the exposed the manufactured home to an anchor- ends. ing or foundation system. (d) Requirements for ties. Manufac- (2) For anchoring systems, the in- tured homes in Wind Zone I require structions shall indicate: only diagonal ties. These ties shall be (i) The minimum anchor capacity replaced along the main frame and below quired; the outer side walls. All manufactured (ii) That anchors should be certified homes designed to be located in Wind by a professional engineer, architect, Zones II and III shall have a vertical or a nationally recognized testing lab- tie installed at each diagonal tie loca- oratory as to their resistance, based on tion. the maximum angle of diagonal tie (e) Protection requirements. Protection and/or vertical tie loading (see para- shall be provided at sharp corners graph (c)(3) of this section) and angle of where the anchoring system requires anchor installation, and type of soil in the use of external straps or cables. which the anchor is to be installed; Protection shall also be provided to

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00076 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.308

minimize damage to siding by the (c) Where adjoining materials or as- cable or strap. semblies of materials are of such na- (f) Anchoring equipment—load resist- ture that separation can occur due to ance. Anchoring equipment shall be ca- expansion, contraction, wind loads or pable of resisting an allowable working other loads induced by erection or load equal to or exceeding 3,150 pounds transportation, sealants shall be of a and shall be capable of withstanding a type that maintains protection against 50 percent overload (4,725 pounds total) infiltration or penetration by air, without failure of either the anchoring moisture or vermin. equipment or the attachment point on (d) Exterior surfaces shall be sealed the manufactured home. to resist the entrance of rodents. (g) Anchoring equipment—weatheriza- § 3280.308 Formaldehyde emission con- tion. Anchoring equipment exposed to trols for certain wood products. weathering shall have a resistance to weather deterioration at least equiva- (a) Formaldehyde emission levels. All lent to that provided by a coating of plywood and particleboard materials zinc on steel of not less than 0.30 bonded with a resin system or coated ounces per square foot of surface coat- with a surface finish containing formed, and in accordance with the fol- aldehyde shall not exceed the following lowing: formaldehyde emission levels when installed in manufactured homes: (1) Slit or cut edges of zinc-coated (1) Plywood materials shall not emit steel strapping do not need to be zinc formaldehyde in excess of 0.2 parts per coated. million (ppm) as measured by the air (2) Type 1, Finish B, Grade 1 steel chamber test method specified in 1 strapping, 1 ⁄4 inches wide and 0.035 § 3280.406. inches in thickness, certified by a reg- (2) Particleboard materials shall not istered professional engineer or archi- emit formaldehyde in excess of 0.3 ppm tect as conforming with ASTM D3953– as measured by the air chamber test 97, Standard Specification for Strap- specified in § 3280.406. ping, Flat Steel and Seals (incor- (b) Product certification and continuing porated by reference, see § 3280.4). qualification. All plywood and [40 FR 58752, Dec. 18, 1975. Redesignated at 44 particleboard materials to be installed FR 20679, Apr. 6, 1979, as amended at 52 FR in manufactured homes which are 4583, Feb. 12, 1987; 59 FR 2473, Jan. 14, 1994; 70 bonded with a resin system or coated FR 72045, Nov. 30, 2005; 72 FR 59362, Oct. 19, with a surface finish containing form- 2007; 78 FR 73983, Dec. 9, 2013] aldehyde, other than an exclusively phenol-formaldehyde resin system or § 3280.307 Resistance to elements and finish, shall be certified by a nation- use. ally recognized testing laboratory as (a) Exterior coverings shall be of complying with paragraph (a) of this moisture and weather resistive mate- section. rials attached with corrosion resistant (1) Separate certification shall be fasteners to resist wind, snow and rain. done for each plant where the Metal coverings and exposed metal particleboard is produced or where the structural members shall be of corro- plywood or particleboard is surface-fin- sion resistant materials or shall be pro- ished. tected to resist corrosion. All joints be- (2) To certify plywood or tween portions of the exterior covering particleboard, the testing laboratory shall be designed, and assembled to shall witness or conduct the air cham- protect against the infiltration of air ber test specified in § 3280.406 on ran- and water, except for any designed ven- domly selected panels initially and at tilation of wall or roof cavity. least quarterly thereafter. (b) Joints between dissimilar mate- (3) The testing laboratory must ap- rials and joints between exterior cov- prove a written quality control plan for erings and frames of openings shall be each plant where the particleboard is protected with a compatible sealant produced or finished or where the ply- suitable to resist infiltration of air or wood is finished. The quality control water. plan must be designed to assure that

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00077 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.308 24 CFR Ch. XX (4–1–19 Edition)

all panels comply with paragraph (a) of cess of those permitted under para- this section. The plan must establish graph (a) of this section, then the test- ongoing procedures to identify in- ed product’s certification immediately creases in the formaldehyde emission lapses as of the date of production of characteristics of the finished product the tested panels. No panel produced on resulting from the following changes in the same date as the tested panels or production. on any day thereafter may be used or (i) In the case of plywood: certified for use in manufactured (A) The facility where the unfinished homes. panels are produced is changed; (i) Provided, however, that a new (B) The thickness of the panels is product certification may be obtained changed so that the panels are thinner; by testing randomly selected panels or which were produced on any day fol- (C) The grooving pattern on the pan- lowing the date of production of the els is changed so that the grooves are tested panels. If such panels pass the deeper or closer together. air chamber test specified in § 3280.406, (ii) In the case of particleboard: then the plywood or particleboard pro- (A) The resin formulation is changed duced on that day and subsequent days so that the formaldehyde-to-urea ratio may be used and certified for use in is increased; manufactured homes. (B) The amount of formaldehyde (ii) Provided further, that plywood or resin used is increased; or particleboard produced on the same (C) The press time is decreased. day as the tested panels, and panels (iii) In the case of plywood or produced on subsequent days, if not particleboard: certified pursuant to paragraph (b)(4)(i) (A) The finishing or top coat is of this section, may be used in manu- changed and the new finishing or top factured homes only under the fol- coat has a greater formaldehyde con- lowing circumstances: tent; or (A) Each panel is treated with a scav- (B) The amount of finishing or top enger, sealant, or other means of re- coat used on the panels is increased, ducing formaldehyde emissions which provided that such finishing or top does not adversely affect the structural coat contains formaldehyde. quality of the product; and (4) The testing laboratory shall peri- (B) Panels randomly selected from odically visit the plant to monitor the treated panels are tested by and quality control procedures to assure pass the air chamber test specified in that all certified panels meet the § 3280.406. standard. (c) Panel identification. Each plywood (5) To maintain its certification, ply- and particleboard panel to be installed wood or particleboard must be tested in manufactured homes which is bond- by the air chamber test specified in ed or coated with a resin system con- § 3280.406 whenever one of the following taining formaldehyde, other than an events occurs: exclusively phenol-formaldehyde resin (i) In the case of particleboard, the system, shall be stamped or labeled so resin formulation is changed so that as to identify the product manufac- the formaldehyde-to-urea ratio is in- turer, date of production and/or lot creased; or number, and the testing laboratory (ii) In the case of particleboard or certifying compliance with this sec- plywood, the finishing or top coat is tion. changed and the new finishing or top (d) Treatment after certification. If cer- coat contains formaldehyde; or tified plywood or particleboard subse- (iii) In the case of particleboard or quently is treated with paint, varnish, plywood, the testing laboratory deter- or any other substance containing mines that an air chamber test is nec- formaldehyde, then the certification is essary to assure that panels comply no longer valid. In such a case, each with paragraph (a) of this section. stamp or label placed on the panels (6) In the event that an air chamber pursuant to paragraph (c) of this sec- test measures levels of formaldehyde tion must be obliterated. In addition, from plywood or particleboard in ex- the treated panels may be recertified

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00078 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.401

and reidentified in accordance with to part 3283—Manufactured Home Con- paragraphs (b) and (c) of this section. sumer Manual Requirements). [49 FR 32011, Aug. 9, 1984] [49 FR 32012, Aug. 9, 1984, as amended at 54 FR 46049, Nov. 1, 1989; 58 FR 55007, Oct. 25, § 3280.309 Health Notice on formalde- 1993] hyde emissions. (a) Each manufactured home shall Subpart E—Testing have a Health Notice on formaldehyde § 3280.401 Structural load tests. emissions prominently displayed in a Every structural assembly tested temporary manner in the kitchen (i.e., shall be capable of meeting the Proof countertop or exposed cabinet face). Load Test or the Ultimate Load Test The Notice shall read as follows: as follows: IMPORTANT HEALTH NOTICE (a) Proof load tests. Every structural assembly tested must be capable of sus- Some of the building materials used in this taining its dead load plus superimposed home emit formaldehyde. Eye, nose, and live loads equal to 1.75 times the re- throat irritation, headache, nausea, and a quired live loads for a period of 12 variety of asthma-like symptoms, including hours without failure. Tests must be shortness of breath, have been reported as a conducted with loads applied and de- result of formaldehyde exposure. Elderly per- 1 sons and young children, as well as anyone flections recorded in ⁄4 design live load with a history of asthma, allergies, or lung increments at 10-minute intervals until problems, may be at greater risk. Research 1.25 times design live load plus dead is continuing on the possible long-term ef- load has been reached. Additional load fects of exposure to formaldehyde. shall then be applied continuously Reduced ventilation resulting from energy until 1.75 times design live load plus efficiency standards may allow formaldehyde dead load has been reached. Assembly and other contaminants to accumulate in failure shall be considered as design the indoor air. Additional ventilation to di- live load deflection (or residual deflec- lute the indoor air may be obtained from a tion measured 12 hours after live load passive or mechanical ventilation system of- removal) that is greater than the lim- fered by the manufacturer. Consult your its set in § 3280.305(d), rupture, fracture, dealer for information about the ventilation or excessive yielding. Design live load options offered with this home. deflection criteria do not apply when High indoor temperatures and humidity the structural assembly being evalu- raise formaldehyde levels. When a home is to ated does not include structural fram- be located in areas subject to extreme summer temperatures, an air-conditioning sys- ing members. An assembly to be tested tem can be used to control indoor tempera- shall be of the minimum quality of ma- ture levels. Check the comfort cooling cer- terials and workmanship of the produc- tificate to determine if this home has been tion. Each test assembly, component, equipped or designed for the installation of or subassembly shall be identified as to an air-conditioning system. type and quality or grade of material. If you have any questions regarding the All assemblies, components, or sub- health effects of formaldehyde, consult your assemblies qualifying under this test doctor or local health department. shall be subject to a continuing qualification testing program acceptable to (b) The Notice shall be legible and HUD. typed using letters at least 1⁄4 inch in (b) Ultimate load tests. Ultimate load size. The title shall be typed using let- tests must be performed on a minimum 3 ters at least ⁄4 inch in size. of three assemblies or components to (c) The Notice shall not be removed generally evaluate the structural de- by any party until the entire sales sign. Every structural assembly or transaction has been completed (refer component tested must be capable of to part 3282—Manufactured Home Pro- sustaining its total dead load plus the cedural and Enforcement Regulations design live load increased by a factor of for provisions regarding a sales trans- safety of at least 2.5. A factor of safety action). greater than 2.5 shall be used when re- (d) A copy of the Notice shall be in- quired by an applicable reference cluded in the Consumer Manual (refer standard in § 3280.304(b)(1). Tests shall

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00079 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.402 24 CFR Ch. XX (4–1–19 Edition)

be conducted with loads applied and de- § 3280.402 Test procedures for roof flections recorded in 1/4 design live trusses. load increments at 10-minute intervals (a) Roof load tests. This section pro- until 1.25 times design live load plus vides the roof truss test procedure for dead load has been reached. Additional vertical loading conditions. Where roof loading shall then be applied continu- trusses act as support for other mem- ously until failure occurs, or the total bers, have eave or cornice projections, of the factor of safety times the design or support concentrated loads, roof live load plus the dead load is reached. trusses must also be tested for those Assembly failure shall be considered as conditions. These test procedures are design live load deflection greater than required for new truss designs in all the limits set in § 3280.305(d), rupture, three wind zones and for existing truss fracture, or excessive yielding. Design designs used in Wind Zones II and III. live load deflection criteria do not (b) General. Trusses must be tested in apply when the structural assembly a truss test fixture that replicates the being evaluated does not include struc- design loads, and actual support points, tural framing members. Assemblies to and does not restrain horizontal move- be tested shall be representative of av- ment. When tested singly or in groups erage quality or materials and work- of two or more trusses, trusses shall be manship of the production. Each test mounted on supports and positioned as assembly, component, or subassembly intended to be installed in the manu- shall be identified as to type and qual- factured home in order to give the re- ity or grade of material. All assem- quired clear span distance (L) and eave blies, components, or subassemblies or cornice distance (Lo), if applicable, qualifying under this test shall be sub- as specified in the design. ject to a periodic qualification testing (l) When trusses are tested singly, program acceptable to HUD. trusses shall be positioned in a test fix- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 ture, with supports properly located FR 20679, Apr. 6, 1979, as amended at 58 FR and the roof loads evenly applied. See 55007, Oct. 25, 1993; 70 FR 72045, Nov. 30, 2005] Figure 3280.402(b)(1).

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00080 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.402

(2) When tested in groups of two or inches on center along the top chord. more, the top chords are permitted to The bottom chords of the adjacent be sheathed with nominal 1/4-inch × 12- trusses shall be permitted to be one of inch plywood strips. The plywood the following: strips shall be at least long enough to (i) Unbraced; or cover the top chords of the trusses at (ii) Laterally braced together (not the designated design truss spacing. cross-braced) with 1-inch × 2-inch strip- Adjacent plywood strips shall be sepa- ping no closer than 24 inches on center, rated by at least 1/8-inch. The plywood strips shall be nailed with 4d nails or nailed with only one 8d nail at each equivalent staples no closer than 8 truss. See Figure 3280.402(b)(2).

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00081 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER18JA13.001 § 3280.402 24 CFR Ch. XX (4–1–19 Edition)

(c) Measuring and loading methods. De- trusses to establish compliance with flections must be measured at the free the provisions of these standards. end of an eave or cornice projection (1) Proof load truss test procedure. At and at least at the truss mid-span and least three average quality/consecu- quarter points. Scissors or other tively tested trusses must pass all re- unique truss configurations are to be quirements of the test, for initial qual- measured at as many additional bot- ification of the truss design. All tests tom chord panel points as necessary to for initial qualification of the truss de- obtain an accurate representation of signs evaluated by this procedure must the deflected shape of the truss so as to be certified by a Registered Engineer be able to locate and record the or Architect, or by a nationally recog- point(s) of maximum deflection. De- nized testing laboratory. An in-house flections must be read and recorded quality control and follow-up testing relative to a fixed reference datum. De- program (see paragraphs (e) and (f) of flections must be read and recorded to this section) must be approved prior to entering production of any truss design the nearest 1/32-inch. Dead load must evaluated by this procedure. be applied to the top and bottom chord, (i) Dead load. Measure and record ini- and live load must be applied to the top tial elevation of the truss or trusses in chord through a suitable hydraulic, the test position at no load. Apply to pneumatic, or mechanical system or the top and bottom chords of the truss weights to simulate design loads. Load dead loads that are representative of unit weights for uniformly distributed the actual weights of materials to be top chord loads must be separated so supported by the truss. However, the that arch action does not occur and be dead load may only be applied as indi- spaced not more than 12 inches on cen- cated in paragraph (e)(4) of this section ter so as to simulate uniform loading. for ongoing follow-up testing. Dead Bottom chord loading must be spaced loads to be applied to the truss test as- as uniformly as practical. Truss grav- sembly are permitted to include only ity loads must be calculated based on the weights of materials supported by the overall truss length (horizontal the truss and not the weight of the projection), including eave or cornice truss itself. However, readings from projections. load cells (when used) on which the (d) Testing procedures. Either the test- test truss rests must reflect the sum of ing method in paragraph (d)(1) or (d)(2) the applied load plus the weight of the of this section may be used, however, truss. Apply dead loads and hold for 5 the testing method in paragraph (d)(3) minutes. Measure and record the de- of this section must be used, to test flections.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00082 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER18JA13.002 Office of Asst. Sec. for Housing, HUD § 3280.402

(ii) Live load. Maintaining the dead less for simply supported clear spans loads, apply live load to the top chord and Lo/90 or less for eave and cornice in approximate 1⁄4 live load increments projections; and until dead load plus the live load is (F) As applicable, each truss design reached. Measure and record the deflec- must also meet all requirements for tions no sooner than one minute after uplift loads required by paragraph each 1⁄4 live load increment has been (d)(3) of this section. For Wind Zone I applied and 5 minutes after the full live uplift load requirements, see paragraph load has been reached. (d)(3)(i) of this section. For Wind Zones (iii) Initial recovery phase. Remove the II and III uplift load requirements, see design live load but not the dead load. paragraph (d)(3)(ii) of this section. Measure and record the deflections 5 (2) Ultimate load truss test procedure. minutes after the total live load has (i) At least two average quality/con- been removed. secutively tested trusses must pass all (iv) Continue to load the truss to: requirements of the test, for initial (A) Dead load plus 2.0 times the de- qualification of the truss design. All sign live load. Maintain this loading tests for initial qualification of the for 6 hours and inspect the truss for truss designs evaluated by this proce- failure. Failure is rupture, fracture, or dure must be certified by a Registered excessive yielding; or Engineer or Architect, or by a nation- (B) Dead load plus 1.75 times the de- ally recognized testing laboratory. An sign live load. Maintain this loading in-house quality control and follow-up for 12 hours and inspect the truss for testing program (see paragraph (e) and failure. Failure is rupture, fracture, or (f) of this section) must be approved excessive yielding. prior to entering production of any (v) Final recovery phase. Remove 2.0 truss design evaluated by this proce- times the design live load, but not the dure. dead load or 1.75 times the design live load, but not the dead load. Measure (ii) Dead load. Measure and record and record deflections within 4 hours initial elevation of the truss or trusses after removing 2.0 times the design live in the test position at no load. Apply load or 1.75 times the design live load. to the top and bottom chords of the (vi) Acceptance criteria. The truss de- truss dead loads that are representa- sign is acceptable if all of the following tive of the actual weights of materials conditions are met: to be supported by the truss. However, (A) The maximum deflection between the dead load may only be applied as no load and dead load must be L/480 or indicated in paragraph (e)(4) of this less for simply supported clear spans section for ongoing follow-up testing. and Lo/180 or less for eave and cornice Dead loads to be applied to the truss projections; and test assembly shall be permitted to in- (B) The maximum deflection between clude only the weights of materials dead load and design live load must be supported by the truss, and not the L/180 or less for simply supported clear weight of the truss itself. However, spans and Lo/90 or less for eave and readings from load cells (when used) on cornice projections; and which the test truss rests must reflect (C) After the design live load is re- the sum of the applied load plus the moved, and with the dead load still ap- weight of the truss. Apply dead loads plied, the maximum recovery deflec- and hold for 5 minutes. Measure and tion must be L/360 or less for simply record the deflections. supported spans and Lo/180 or less for (iii) Live load. Maintaining the dead eave and cornice projections; and loads, apply live load at a uniform rate (D) The truss must maintain the to the top chord in approximate 1⁄4 live overload condition for 6 hours without load increments until the dead load rupture or fracture, or excessive yield- plus the live load is reached. Measure ing; and and record the deflections no sooner (E) After 2.0 times the design live than one minute after each 1⁄4 live load load has been removed, and with the increment has been applied and 5 min- dead load still applied, the maximum utes after the full live load has been recovery deflection must be L/180 or reached.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00083 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.402 24 CFR Ch. XX (4–1–19 Edition)

(iv) Initial recovery phase. Remove the (3) Uplift load tests. Each truss design design live load but not the dead load. must also pass all requirements of the Measure and record the deflections 5 uplift load test, as applicable, in para- minutes after the design live load has graph (d)(3)(i) or (d)(3)(ii) and para- been removed. graphs (d)(3)(iii) and (d)(3)(iv) of this (v) Overload phase. After the recovery section. phase is completed, reapply the full (i) Wind Zone I uplift load test. Where live load to the truss assembly. Addi- there are engineered connectors be- tional loading shall then be applied tween the top chord and web members continuously until the dead load plus of the truss, such as metal connector 2.5 times the design live load is plates or wood gussets or their equiva- reached. This overload condition must lents, uplift testing in Wind Zone I is be maintained for at least 5 minutes. at the discretion of the Registered En- (vi) Final recovery phase. Remove 2.5 gineer or Architect or nationally rec- times the design live load but not the ognized testing laboratory certifying dead load. Measure and record deflec- the truss design. When testing is tions within 4 hours after 2.5 times the deemed necessary by the Registered design live load has been removed. Engineer or Architect or nationally (vii) Acceptance criteria. The truss de- recognized testing laboratory certi- sign is acceptable if all of the following fying the truss design, a minimum of one average quality uplift load test is conditions are met: to be conducted for each such truss de- (A) The maximum deflection between sign and must pass all requirements of no load and dead load must be L/480 or the test for initial qualification of the less for simply supported clear spans truss design. The net uplift load for and Lo/180 or less for eave and cornice trusses designed for use in Wind Zone I projections; and is 9 psf for the clear span of the truss (B) Dead load to design live load de- and 22.5 psf for eave or cornice projec- flections shall be L/180 or less for sim- tions. ply supported clear spans and Lo/90 or (ii) Wind Zones II and III uplift loads less for eave and cornice projections; test. This test is required for all trusses and designed for use in Wind Zones II and (C) After the design live load is re- III. A minimum of three average qual- moved and with the dead load still ap- ity/consecutive uplift load tests are to plied, the maximum recovery deflec- be conducted for each truss design tion must be L/360 or less for simply when tested in the inverted position supported spans and Lo/180 or less for and a minimum of two average quality/ eave and cornice projections; and consecutive uplift load tests are to be (D) The truss shall maintain the conducted for trusses in the upright po- overload condition for 5 minutes with- sition. The trusses must pass all re- out rupture, fracture, or excessive quirements of the test for initial quali- yielding; and fication of the truss design. The uplift (E) After 2.5 times the design live load for trusses designed to be used in load is removed, and with the dead load Wind Zones II and III for the clear span still applied, the truss must recover to or eave cornice projections is to be de- at least L/180 for simply supported termined by subtracting the dead load clear spans and Lo/90 for eave and cor- applied to the truss from the uplift nice within 4 hours after the total live load provided in the Table of Design load has been removed; and Wind Pressures in § 3280.305(c)(1)(ii)(B). (F) As applicable, each truss design (iii) Trusses designed for use in Wind must also meet all requirements for Zone I, when tested (see paragraph uplift loads in Wind Zone I or Wind (d)(3)(i) of this section), must be tested Zone II and III, as required by para- in either the inverted position to 2.5 graph (d)(3) of this section. For Wind times the net wind uplift load or in the Zone I uplift load requirements, see upright position to 1.75 times the net paragraph (d)(3)(i) of this section. For wind uplift load. Trusses designed for Wind Zones II and III uplift load re- use in Wind Zones II and III (see para- quirements, see paragraph (d)(3)(ii) of graph (d)(3)(ii) of this section) must be this section. tested to 2.0 times the uplift load

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00084 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.402

minus the dead load in the inverted po- dures must be used if conducting the sition and to 1.75 times the uplift load test in the inverted position. minus the dead load in the upright po- (A) Place the truss in the test fixture sition. See Figure 3280.402(b)(3). and position as it is intended to be in- (iv) The following describes how to stalled in the manufactured home. See conduct the uplift test with the truss Figure 3280.402(b)(3). in the upright position. Similar proce-

(B) Position the load measurement tion at the mid-span and quarter points devices to register the wind uplift loads of the truss, and at the free end of an that will be applied to the top chord of eave or cornice projection greater than the truss. The uplift loads shall be ap- 12 inches. Scissors or other unique plied through tension devices not wider truss configurations are to be meas- than one inch and spaced not greater ured at as many additional bottom than approximately 12 inches on center chord panel points as necessary to ob- and shall be applied as uniform as pos- tain an accurate representation of the sible, so as to simulate uniform load- deflected shape of the truss, so as to be ing. Gravity and wind uplift load tests able to locate and record the point(s) of may be performed on the same truss in maximum deflection. Eave or cornice this single setup mode. For the wind projection loads are applied separately uplift test, it is permissible to stabilize for eaves or cornice projections greater the bottom chord of the truss in the than 12 inches. For eave or cornice pro- test fixture to simulate ceiling mate- jections greater than 12 inches, the ad- rials or purlin supports. Measure and ditional required load must be applied record the initial elevation of the bot- to the eave simultaneously with the tom chord of the truss in the test posi- main body load. For eave or cornice

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00085 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER18JA13.003 § 3280.403 24 CFR Ch. XX (4–1–19 Edition)

projections of 12 inches or less, add the gram (see paragraph (i) of this section) additional required load to the main that includes follow-up testing, as body load and apply it to the entire top specified in this section, and is ap- chord. proved by their Design Approval Pri- (C) Measure and record the deflection mary Inspection Agency (DAPIA). 5 minutes after the net uplift load has (2) Truss designs that are qualified been applied. Design load deflection but not in production are not subject shall be L/180 or less for a simply sup- to follow-up testing until produced. ported clear span and Lo/90 or less for When the truss design is brought into eave or cornice projections. production, a follow-up test is to be (D) For trusses tested in the upright performed if the truss design has been position, continue to load the truss to out of production for more than 6 1.75 times the net uplift load in para- months. graph (d)(3)(i) of this section for Wind (3) The frequency of truss manufac- Zone I and 1.75 times the uplift load in turer’s quality control follow-up test- paragraph (d)(3)(ii) for Wind Zones II ing for trusses must be at least: and III, and maintain the load for one (i) One test for the first 100 trusses minute. For trusses tested in the in- produced, with a subsequent test for verted position, continue to load the every 2,500 trusses for trusses qualified truss to 2.50 times the net uplift load in under the proof load truss test proce- paragraph (d)(3)(i) for Wind Zone I and dure or inverted uplift test procedure to 2.0 times the uplift load minus the for trusses used in Wind Zones II and dead load in paragraph (d)(3)(ii) for III or once every 6 months, whichever Wind Zones II and III, and maintain is more frequent, for every truss design the full load for one minute. Regardless produced; or of the test position of the truss, up- (ii) One test for every 4,000 trusses right or inverted, trusses must main- produced for trusses qualified under tain the overload for the specified time the ultimate load truss test procedure period without rupture, fracture, or ex- or upright uplift test procedure for cessive yielding. trusses used in Wind Zones II and III or (e) Follow-up testing. Follow-up test- once every 6 months, whichever is ing procedures must include the fol- more frequent, for every truss design lowing: produced. (1) All trusses qualifying under these (4) For follow-up testing only, the test procedures must be subject to a full dead load may be applied to the top quality control and follow-up testing chord of the truss, when the bottom program. chord dead load is 5 psf or less. (i) Manufacturers of listed or labeled [78 FR 4065, Jan. 18, 2013] trusses must follow an in-house quality control program with follow-up testing § 3280.403 Requirements for windows, approved by a nationally recognized sliding glass doors, and skylights. testing program as specified in para- (a) Scope. This section establishes the graph (e)(3) of this section. The in- requirements for prime windows and house quality control program must in- sliding glass doors, except that win- clude, at a minimum, procedures for dows used in an entry door are compo- quality of materials including, but not nents of the door and are excluded from limited to, grade(s) of materials, allow- these requirements. able splits, knots, and other applicable (b)(1) Standard. All primary windows lumber qualities; workmanship includ- and sliding glass doors shall comply ing, but not limited to, plate place- with AAMA 1701.2–95, Voluntary Stand- ment and embedment tolerances; other ard Primary Window and Sliding Glass manufacturing tolerances; description Door for Utilization in Manufactured and calibration of test equipment; Housing, except the exterior and inte- truss retesting criteria; and procedures rior pressure tests must be conducted in the event of noncomplying results. at the design wind loads required for (ii) Those home manufacturers pro- components and cladding specified in ducing trusses for their own use, and § 3280.305(c)(1). which are not listed or labeled, must (2) All skylights must comply with have an in-house quality control pro- AAMA/WDMA/CSA/101/I.S.2/A440–08:

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00086 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.403

North American Fenestration Stand- ance with AAMA 1701.2–95. Further, ard/Specifications for Windows, Doors such agency must inspect the product and Skylights (incorporated by ref- manufacturer’s facility at least twice erence, see § 3280.4). Skylights must per year. withstand the roof loads for the appli- (3) All skylights installed in manu- cable Roof Load Zone specified in factured homes must be certified as § 3280.305(c)(3), and the following wind complying with AAMA/WDMA/CSA 101/ loads: I.S.2/A440–08: North American Fen- (i) For Wind Zone I, the wind loads estration Standard/Specifications for specified in § 3280.305(c)(1)(i); and Windows, Doors, and Skylights (incor- (ii) For Wind Zones II and III, the porated by reference, see § 3280.4). This wind loads specified for exterior roof certification must be based on applica- coverings, sheathing, and fastenings in § 3280.305(c)(1)(ii). ble loads specified in paragraph (b) of (c) Installation. All primary windows, this section. sliding glass doors, and skylights must (f) Protection of primary window and be installed in a manner that allows sliding glass door openings in high wind proper operation and provides protec- areas. For homes designed to be located tion against the elements, as required in Wind Zones II and III, manufactur- by § 3280.307. ers shall design exterior walls sur- (d) Glass. (1) Safety glazing mate- rounding the primary window and slid- rials, where used shall meet Standard ing glass door openings to allow for the for Safety Glazing Materials used in installation of shutters or other pro- Buildings—Safety Performance Speci- tective covers, such as plywood, to fications and Methods of Test, ANSI cover these openings. Although not re- Z97.1–2004 (incorporated by reference, quired, the Department encourages see § 3280.4). manufacturers to provide the shutters (2) Sealed insulating glass, where or protective covers and to install reused, must meet all performance receiving devices, sleeves, or anchors for quirements for Class C in accordance fasteners to be used to secure the shut- with ASTM E 774–97, Standard Speci- ters or protective covers to the exte- fication for the Classification of the rior walls. If the manufacturer does not Durability of Sealed Insulating Glass provide shutters or other protective Units. The sealing system must be covers to cover these openings, the qualified in accordance with ASTM E manufacturer must provide to the 773–97, Standard Test Methods for Ac- celerated Weathering of Sealed Insu- homeowner instructions for at least lating Glass Units. Each glass unit one method of protecting primary win- must be permanently identified with dow and sliding glass door openings. the name of the insulating glass manu- This method must be capable of resist- facturer. ing the design wind pressures specified (e) Certification. All primary windows in § 3280.305 without taking the home and sliding glass doors to be installed out of conformance with the standards in manufactured homes must be cer- in this part. These instructions must tified as complying with AAMA 1701.2– be included in the printed instructions 95. This certification must be based on that accompany each manufactured tests conducted at the design wind home. The instructions shall also indi- loads specified in § 3280.305(c)(1). cate whether receiving devices, sleeves, (1) All such windows and doors must or anchors, for fasteners to be used to show evidence of certification by secure the shutters or protective cov- affixing a quality certification label to ers to the exterior walls, have been in- the product in accordance with ANSI stalled or provided by the manufac- Z34.1–1993, Third-Party Certification turer. Programs for Products, Processes, and Services. [52 FR 4583, Feb. 12, 1987, as amended at 52 (2) In determining certifiability of FR 35543, Sept. 22, 1987; 58 FR 55009, Oct. 25, the products, an independent quality 1993; 59 FR 2474, Jan. 14, 1994; 70 FR 72046, assurance agency shall conduct pre- Nov. 30, 2005; 78 FR 73983, Dec. 9, 2013] production specimen tests in accord-

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00087 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.404 24 CFR Ch. XX (4–1–19 Edition)

§ 3280.404 Standard for egress win- (f) Protection of egress window openings dows and devices for use in manu- in high wind areas. For homes designed factured homes. to be located in Wind Zones II and III, (a) Scope and purpose. The purpose of manufacturers shall design exterior this section is to establish the require- walls surrounding the egress window ments for the design, construction, and openings to allow for the installation installation of windows and approved of shutters or other protective covers, devices intended to be used as an emer- such as plywood, to cover these open- gency exit during conditions encoun- ings. Although not required, the De- tered in a fire or similar disaster. partment encourages manufacturers to (b) Performance. Egress windows in- provide the shutters or protective cov- cluding auxiliary frame and seals, if ers and to install receiving devices, any, shall meet all requirements of sleeves, or anchors for fasteners to be AAMA 1701.2–95, Voluntary Standard used to secure the shutters or protec- Primary Window and Sliding Glass tive covers to the exterior walls. If the Door for Utilization in Manufactured manufacturer does not provide shutters Housing and AAMA Standard 1704–1985, or other protective covers to cover Voluntary Standard Egress Window these openings, the manufacturer must Systems for Utilization in Manufac- provide to the homeowner instructions tured Housing, except the exterior and for at least one method of protecting interior pressure tests for components egress window openings. This method and cladding must be conducted at the must be capable of resisting the design design wind loads required by wind pressures specified in § 3280.305 § 3280.305(c)(1). without taking the home out of con- (c) Installation. (1) The installation of formance with the standards in this egress windows or devices shall be in- part. These instructions must be installed in a manner which allows for cluded in the printed instructions that proper operation and provides protec- accompany each manufactured home. tion against the elements. (See The instructions shall also indicate § 3280.307.) whether receiving devices, sleeves, or (2) An operational check of each in- anchors, for fasteners to be used to se- stalled egress window or device must cure the shutters or protective covers be made at the manufactured home to the exterior walls, have been in- factory. All egress windows and devices stalled or provided by the manufac- must be capable of being opened to the turer. minimum required dimensions by nor- [52 FR 4583, Feb. 12, 1987, as amended at 59 mal operation of the window without FR 2474, Jan. 14, 1994; 70 FR 72046, Nov. 30, binding or requiring the use of tools. 2005; 78 FR 73983, Dec. 9, 2013] Any window or device failing this check must be repaired or replaced. A § 3280.405 Standard for swinging exte- repaired window must conform to its rior passage doors for use in manu- certification. Any repaired or replaced factured homes. window or device must pass the oper- (a) Introduction. This standard applies ational check. to all exterior passage door units, ex- (3) Windows that require the removal cluding sliding doors and doors used for of the sash to meet egress size require- access to utilities and compartments. ments are prohibited. This standard applies only to the door (d) Operating instructions. Operating frame consisting of jambs, head and sill instructions shall be affixed to each and the attached door or doors. egress window and device and carry the (b) Performance requirements. The de- legend ‘‘Do Not Remove.’’ sign and construction of exterior door (e) Certification of egress windows and units must meet all requirements of devices. Egress windows and devices AAMA 1702.2–95, Voluntary Standard shall be listed in accordance with the Swinging Exterior Passage Door for procedures and requirements of AAMA Utilization in Manufactured Housing. Standard 1704–1985. As of January 17, (c) Materials and methods. Any mate- 1995, this certification must be based rial or method of construction shall on tests conducted at the design wind conform to the performance require- loads specified in § 3280.305(c)(1). ments as outlined in paragraph (b) of

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00088 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.406

this section. Plywood shall be exterior tions shall also indicate whether re- type and preservative treated in ac- ceiving devices, sleeves, or anchors, for cordance with NWWDA I.S.4–81, Water fasteners to be used to secure the shut- Repellent Preservative Non-Pressure ters or protective covers to the exte- Treatment for Millwork. rior walls, have been installed or pro- (d) Exterior doors. All swinging exte- vided by the manufacturer. rior doors shall be installed in a man- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 ner which allows proper operation and FR 20679, Apr. 6, 1979, as amended at 52 FR provides protection against the ele- 4583, Feb. 12, 1987; 52 FR 35543, Sept. 22, 1987; ments (see § 3280.307). 58 FR 55009, Oct. 25, 1993; 59 FR 2474, Jan. 14, (e) Certification. All swinging exterior 1994; 70 FR 72046, Nov. 30, 2005] doors to be installed in manufactured homes must be certified as complying § 3280.406 Air chamber test method for with AAMA 1702.2–95, Voluntary Stand- certification and qualification of ard Swinging Exterior Passage Door formaldehyde emission levels. for Utilization in Manufactured Hous- (a) Preconditioning. Preconditioning ing. of plywood or particleboard panels for (1) All such doors must show evidence air chamber tests shall be initiated as of certification by affixing a quality soon as practicable but not in excess of certification label to the product in ac- 30 days after the plywood or cordance with ANSI Z34.1–1993, Third particleboard is produced or surface- Party Certification Programs for Prod- finished, whichever is later, using ran- ucts, Processes, and Services. domly selected panels. (2) In determining certifiability of (1) If preconditioning is to be initi- the products, an independent quality ated more than two days after the ply- assurance agency must conduct a pre- wood or particleboard is produced or production specimen test in accordance surface-finished, whichever is later, the with AAMA 1702.2–95, Voluntary Stand- panels must be dead-stacked or air- ard Swinging Exterior Passage Door tight wrapped until preconditioning is for Utilization in Manufactured Hous- initiated. ing. (2) Panels selected for testing in the (f) Protection of exterior doors in high air chamber shall not be taken from wind areas. For homes designed to be the top or bottom of the stack. located in Wind Zones II and III, manu- (b) Testing. Testing must be con- facturers shall design exterior walls ducted in accordance with the Stand- surrounding the exterior door openings ard Test Method for Determining to allow for the installation of shutters Formaldehyde Levels from Wood Prod- or other protective covers, such as ply- ucts Under Defined Test Conditions wood, to cover these openings. Al- Using a Large Chamber, ASTM E 1333– though not required, the Department 96, with the following exceptions: encourages manufacturers to provide (1) The chamber shall be operated in- the shutters or protective covers and doors. to install receiving devices, sleeves, or (2) Plywood and particleboard panels anchors for fasteners to be used to se- shall be individually tested in accord- cure the shutters or protective covers ance with the following loading ratios: to the exterior walls. If the manufac- (i) Plywood—0.29 Ft2/Ft3, and turer does not provide shutters or (ii) Particleboard—0.13 Ft2/Ft3. other protective covers to cover these (3) Temperature to be maintained in- openings, the manufacturer must pro- side the chamber shall be 77° plus or vide to the homeowner instructions for minus 2 °F. at least one method of protecting exte- (4) The test concentration (C) shall rior door openings. This method must be standardized to a level (CO) at a be capable of resisting the design wind temperature (tO) of 77 °F and 50% rel- pressures specified in § 3280.305 without ative humidity (HO) by the following taking the home out of conformance formula: with the standards in this part. These C = C × [1 + Ax (H ¥ H )] × e¥R(1/t¥ instructions must be included in the O O 1/tO) printed instructions that accompany each manufactured home. The instruc- where:

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00089 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.501 24 CFR Ch. XX (4–1–19 Edition)

C = Test formaldehyde concentration § 3280.504 Condensation control and CO = Standardized formaldehyde concentra- installation of vapor retarders. tion e = Natural log base (a) Ceiling vapor retarders. (1) In Uo R = Coefficient of temperature (9799) Value Zones 2 and 3, ceilings must have t = Actual test condition temperature (O K) a vapor retarder with a permeance of O tO = Standardized temperature ( K) not greater than 1 perm (as measured A = Coefficient of humidity (0.0175) by ASTM E 96–95 Standard Test Meth- H = Actual relative humidity (%) ods for Water Vapor Transmission of

HO = Standardized relative humidity (%) Materials) (incorporated by reference, see § 3280.4) installed on the living The standardized level (CO) is the con- space side of the roof cavity. centration used to determine compli- (2) For manufactured homes designed ance with § 3280.308(a). for Uo Value Zone 1, the vapor retarder (5) The air chamber shall be in- may be omitted. spected and recalibrated at least annu- (b) Exterior walls. (1) Exterior walls ally to insure its proper operation must have a vapor retarder with a under test conditions. permeance no greater than 1 perm (dry [49 FR 32012, Aug. 9, 1984, as amended at 58 cup method) installed on the living FR 55009, Oct. 25, 1993; 70 FR 72046, Nov. 30, space side of the wall; or 2005] (2) Unventilated wall cavities must have an external covering and/or Subpart F—Thermal Protection sheathing that forms the pressure envelope. The covering and/or sheathing § 3280.501 Scope. must have a combined permeance of not less than 5.0 perms. In the absence This subpart sets forth the require- of test data, combined permeance is ments for condensation control, air in- permitted to be computed using the filtration, thermal insulation and cer- following formula: P total = (1/[(1/P ) + tification for heating and comfort cool- 1 (1/P2)]), where P1 and P2 are the ing. permeance values of the exterior covering and sheathing in perms. Formed § 3280.502 Definitions. exterior siding applied in sections with (a) The following definitions are ap- joints not caulked or sealed, are not plicable to subpart F only: considered to restrict water vapor (1) Pressure envelope means that pri- transmission; or mary air barrier surrounding the living (3) Wall cavities must be constructed space which serves to limit air leakage. so that ventilation is provided to dis- In construction using ventilated cav- sipate any condensation occurring in ities, the pressure envelope is the inte- these cavities; or rior skin. (4) Homes manufactured to be sited (2) Thermal envelope area means the in ‘‘humid climates’’ or ‘‘fringe cli- sum of the surface areas of outside mates’’ as shown on the Humid and walls, ceiling and floor, including all Fringe Climate Map in this paragraph openings. The wall area is measured by are permitted to have a vapor retarder multiplying outside wall lengths by the specified in paragraph (b)(1) of this sec- inside wall height from floor to ceiling. tion installed on the exterior side of The floor and ceiling areas are consid- the wall insulation or be constructed ered as horizontal surfaces using exte- with an external covering and sheath- rior width and length. ing with a combined permeance of not greater than 1.0 perms, provided the in- § 3280.503 Materials. terior finish and interior wall panel Materials used for insulation shall be materials have a combined permeance of proven effectiveness and adequate of not less than 5.0 perms. The fol- durability to assure that required de- lowing need not meet the minimum combined permeance rating of not less sign conditions concerning thermal than 5.0 perms for interior finish or transmission are attained. wall panel materials:

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00090 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.504

(i) Kitchen back splash materials, (iii) Cabinetry and built-in furniture; less than 50 square feet in area in- (iv) Trim materials; stalled around countertops, sinks, and (v) Hardboard wall paneling of less ranges; than 50 square feet in area under chair (ii) Bathroom tub areas, shower com- rails. partments;

(5) The following areas of local gov- GEORGIA ernments (counties or similar areas, Appling, Atkinson, Bacon, Baker, Ben Hill, unless otherwise specified), listed by Berrien, Brantley, Brooks, Bryan, Calhoun, state are deemed to be within the Camden, Charlton, Chatham, Clay, Clinch, humid and fringe climate areas shown Coffee, Colquitt, Cook, Crisp, Decatur, on the Humid and Fringe Climate Map Dougherty, Early, Echols, Effingham, Evans, in paragraph (b)(4) of this section, and Glynn, Wayne, Grady, Irwin, Jeff Davis, La- nier, Lee, Liberty, Long, Lowndes, McIntosh, the vapor retarder or construction Miller, Mitchell, Pierce, Quitman, Randolph, methods specified in paragraph (b)(4) of Seminole, Tattnall, Terrell, Thomas, Tift, this section may be applied to homes Turner, Ware, Worth. built to be sited within these jurisdic- tions: HAWAII All counties and locations within the State ALABAMA of Hawaii. Baldwin, Barbour, Bullock, Butler, Choc- LOUISIANA taw, Clarke, Coffee, Conecuh, Covington, Crenshaw, Dale, Escambia, Geneva, Henry, All counties and locations within the State Houston, Lowndes, Marengo, Mobile, Mon- of Louisiana. roe, Montgomery, Pike, Washington, Wilcox. MISSISSIPPI FLORIDA Adams, Amite, Claiborne, Clarke, Copiah, All counties and locations within the State Covington, Forrest, Franklin, George, of Florida. Greene, Hancock, Harrison, Hinds,

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00091 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER30NO05.067 § 3280.505 24 CFR Ch. XX (4–1–19 Edition)

Issaquena, Jackson, Jasper, Jefferson, Jeffer- vent openings and ventilators shall son Davis, Jones, Lamar, Lawrence, Lincoln, provide cross-ventilation to the entire Marion, Pearl River, Perry, Pike, Rankin, attic or roof cavity space. A clear air Simpson, Smith, Stone, Walthall, Warren, passage space having a minimum Wayne, Wilkinson. height of 1 inch shall be provided be- NORTH CAROLINA tween the top of the insulation and the Brunswick, Carteret, Columbus, New Han- roof sheathing or roof covering. Baffles over, Onslow, Pender. or other means shall be provided where needed to insure the 1 inch height of SOUTH CAROLINA the clear air passage space is main- Jasper, Beaufort, Colleton, Dorchester, tained. Charleston, Berkeley, Georgetown, Horry. (ii) A mechanical attic or roof ventilation system may be installed in- TEXAS stead of providing the free ventilation Anderson, Angelina, Aransas, Atascosa, area when the mechanical system pro- Austin, Bastrop, Bee, Bexar, Brazoria, Braz- vides a minimum air change rate of 0.02 os, Brooks, Burleson, Caldwell, Calhoun, cubic feet per minute (cfm) per sq. ft. Cameron, Camp, Cass, Chambers, Cherokee, Colorado, Comal, De Witt, Dimmit, Duval, of attic floor area. Intake and exhaust Falls, Fayette, Fort Bend, Franklin, Free- vents shall be located so as to provide stone, Frio, Galveston, Goliad, Gonzales, air movement throughout space. Gregg, Grimes, Guadalupe, Hardin, Harris, (2) Single section manufactured Harrison, Hays, Henderson, Hidalgo, Hop- homes constructed with metal roofs kins, Houston, Jackson, Jasper, Jefferson, and having no sheathing or Jim Hogg, Jim Wells, Karnes, Kaufman, Ken- underlayment installed, are not re- nedy, Kinney, Kleberg, La Salle, Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, quired to be provided with attic or roof Madison, Marion, Matagorda, Maverick, cavity ventilation provided that the air McMullen, Medina, Milam, Montgomery, leakage paths from the living space to Morris, Nacogdoches, Navarro, Newton, the roof cavity created by electrical Nueces, Orange, Panola, Polk, Rains, outlets, electrical junctions, electrical Refugio, Robertson, Rusk, Sabine, San Au- cable penetrations, plumbing penetra- gustine, San Jacinto, San Patricio, Shelby, tions, flue pipe penetrations and ex- Smith, Starr, Titus, Travis, Trinity, Tyler, Upshur, Uvalde, Val Verde, Van Zandt, Vic- haust vent penetrations are sealed. toria, Walker, Waller, Washington, Webb, (3) Parallel membrane roof section of Wharton, Willacy, Williamson, Wilson, a closed cell type construction are not Wood, Zapata, Zavala. required to be ventilated. (c) Liquid applied vapor retarders. (4) The vents provided for ventilating Each liquid applied vapor retarder attics and roof cavities shall be de- must be tested by a nationally recog- signed to resist entry of rain and in- nized testing agency for use on the spe- sects. cific substrate to which it is applied. [40 FR 58752, Dec. 18, 1975. Redesignated at 44 The test report must include the perm FR 20679, Apr. 6, 1979, as amended at 58 FR rating, as measured by ASTM E 96–95, 55009, Oct. 25, 1993; 70 FR 72046, Nov. 30, 2005; Standard Test Methods for Water 71 FR 19639, Apr. 17, 2006; 78 FR 73984, Dec. 9, Vapor Transmission of Materials, and 2013] associated application rate for each specific substrate. § 3280.505 Air infiltration. (d) Attic or roof ventilation. (1) Attic (a) Envelope air infiltration. The and roof cavities shall be vented in ac- opaque envelope shall be designed and cordance with one of the following: constructed to limit air infiltration to (i) A minimum free ventilation area the living area of the home. Any de- of not less than 1/300 of the attic or roof sign, material, method or combination cavity floor area. At least 50 percent of thereof which accomplishes this goal the required free ventilation area shall may be used. The goal of the infiltra- be provided by ventilators located in tion control criteria is to reduce heat the upper portion of the space to be loss/heat gain due to infiltration as ventilated. At least 40 percent shall be much as possible without impinging on provided by eave, soffit or low gable health and comfort and within the lim- vents. The location and spacing of the its of reasonable economics.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00092 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.506

(1) Envelope penetrations. Plumbing, When walls are constructed to form a mechanical and electrical penetrations pressure envelope on the outside of the of the pressure envelope not exempted wall cavity, they are deemed to meet by this part, and installations of win- this requirement. dow and door frames shall be constructed or treated to limit air infiltra- § 3280.506 Heat loss/heat gain. tion. Penetrations of the pressure enve- The manufactured home heat loss/ lope made by electrical equipment, heat gain shall be determined by meth- other than distribution panel boards ods outlined in §§ 3280.508 and 3280.509. and cable and conduit penetrations, are The Uo (Coefficient of heat trans- exempt from this requirement. Cable mission) value zone for which the man- penetrations through outlet boxes are ufactured home is acceptable and the considered exempt. lowest outdoor temperature to which (2) Joints between major envelope ele- the installed heating equipment will ments. Joints not designed to limit air maintain a temperature of 70 F shall be infiltration between wall-to-wall, wall- certified as specified in § 3280.510 of this to-ceiling and wall-to-floor connections subpart. The Uo value zone shall be de- shall be caulked or otherwise sealed. termined from the map in figure 506.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00093 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.506 24 CFR Ch. XX (4–1–19 Edition)

(a) Coefficient of heat transmission. design temperature of 70 F, including The overall coefficient of heat trans- internal and external ducts, and ex- mission (Uo) of the manufactured home cluding infiltration, ventilation and for the respective zones and an indoor condensation control, shall not exceed

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00094 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR EC17OC91.005 Office of Asst. Sec. for Housing, HUD § 3280.508

the Btu/(hr.) (sq. ft.) (F) of the manu- manner consistent with the calculation factured home envelope are as tab- procedures provided in the document, ulated below: Overall U-values and Heating/Cooling Loads—Manufactured Homes—Feb- Uo value Maximum coefficient of heat transmission ruary 1992–PNL 8006, HUD User No. zone 0005945.

1 ...... 0.116 Btu/(hr.) (sq. ft.) (F). (c) Areas where the insulation does 2 ...... 0.096 Btu/(hr.) (sq. ft.) (F). not fully cover a surface or is com- 3 ...... 0.079 Btu/(hr.) (sq. ft.) (F). pressed shall be accounted for in the U- calculation (see § 3280.506). The effect of (b) To assure uniform heat trans- framing on the U-value must be in- mission in manufactured homes, cav- cluded in the Uo calculation. Other ities in exterior walls, floors, and ceil- low-R-value heat-flow paths (‘‘thermal ings shall be provided with thermal in- shorts’’) shall be explicitly accounted sulation. for in the calculation of the trans- (c) Manufactured homes designed for mission heat loss coefficient if in the Uo Value Zone 3 shall be factory aggregate all types of low-R-value equipped with storm windows or insu- paths amount to more than 1% of the lating glass. total exterior surface area. Areas are [58 FR 55009, Oct. 25, 1993; 59 FR 15113, Mar. considered low-R-value heat-flow paths 31, 1994] if: (1) They separate conditioned and § 3280.507 Comfort heat gain. unconditioned space; and Information necessary to calculate (2) They are not insulated to a level the home cooling load shall be provided that is at least one-half the nominal as specified in this part. insulation level of the surrounding (a) Transmission heat gains. Homes building component. complying with this section shall meet (d) High efficiency heating and cooling the minimum heat loss transmission equipment credit. The calculated trans- coefficients specified in § 3280.506(a). mission heat loss coefficient (Uo) used for meeting the requirement in § 3280.508 Heat loss, heat gain and § 3280.506(a) may be adjusted for heating cooling load calculations. and cooling equipment above that re- (a) Information, values and data nec- quired by the National Appliance En- essary for heat loss and heat gain de- ergy Conservation Act of 1987 (NAECA) terminations must be taken from the by applying the following formula: 1997 ASHRAE Handbook of Fundamen- tals, Inch-Pound Edition, chapters 22 Uo adjusted = Uo standard × [1 + (0.6) through 27. The following portions of (heating efficiency increase factor) those chapters are not applicable: + (cooling multiplier) (cooling efficiency increase factor)] 23.1 Steel Frame Construction 23.2 Masonry Construction where: 23.3 Foundations and Floor Systems Uo standard = Maximum Uo for Uo Zone re- 23.15 Pipes quired by § 3280.506(a) 23.17 Tanks, Vessels, and Equipment Uo adjusted = Maximum Uo standard ad- 23.18 Refrigerated Rooms and Buildings justed for high efficiency HVAC equip- 24.18 Mechanical and Industrial Systems ment 25.19 Commercial Building Envelope Leak- Heating efficiency increase factor = The in- age crease factor in heating equipment effi- 27.9 Calculation of Heat Loss from Crawl ciency measured by the Annual Fuel Uti- Spaces lization Efficiency (AFUE), or the Heat- (b) The calculation of the manufac- ing Seasonal Performance Factor (HSPF) tured home’s transmission heat loss co- for heat pumps, above that required by efficient (Uo) must be in accordance NAECA (indicated as ‘‘NAECA’’ in formula). The formula is heating efficiency with the fundamental principles of the increase factor = AFUE (HSPF) home ¥ 1997 ASHRAE Handbook of Fundamen- AFUE (or HSPF) NAECA divided by tals, Inch-Pound Edition, and, at a AFUE (HSPF) NAECA. minimum, must address all the heat Cooling efficiency increase factor = the in- loss or heat gain considerations in a crease factor in the cooling equipment

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00095 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.509 24 CFR Ch. XX (4–1–19 Edition)

efficiency measured by the Seasonal En- spaces, site characteristics, usage pat- ergy Efficiency Ratio (SEER) above that terns and climate. required by NAECA. The formula being cooling equipment = [58 FR 55011, Oct. 25, 1993, as amended at 70 SEER home—SEER NAECA divided by FR 72047, Nov. 30, 2005] SEER NAECA. The cooling multiplier for the Uo Zone is § 3280.509 Criteria in absence of spe- from the following table: cific data. In the absence of specific data, for Uo zone Cooling multiplier (Cm) purposes of heat-loss/gain calculation, the following criteria shall be used: 1 ...... 0.60 (Florida only). (a) Infiltration heat loss. In the ab- 1 ...... 0.20 (All other locations). 2 ...... 0.07. sence of measured infiltration heat loss 3 ...... 0.03. data, the following formula shall be used to calculate heat loss due to infil- (e) U values for any glazing (e.g., win- tration and intermittently operated dows, skylights, and the glazed por- fans exhausting to the outdoors. The tions of any door) must be based on perimeter calculation shall be based on tests using AAMA 1503.1–1988, Vol- the dimensions of the pressure enve- untary Test Method for Thermal lope. Transmittance and Condensation Re- sistance of Windows, Doors, and Glazed Infiltration Heat-Loss = 0.7 (T) (ft. of Wall Sections, or the National Fen- perimeter), BTU/hr. estration Rating Council 100, 1997 Edi- where: T = 70 minus the heating system cation, Procedure for Determining Fen- pacity certification temperature stipu- estration Product U-factors. In the ab- lated in the Heating Certificate, in F. sence of tests, manufacturers are to (b) Framing areas. use the residential window U values Wall ...... 15 percent of wall area less win- contained in Chapter 29, Table 5 of the dows and doors. 1997 ASHRAE Handbook of Fundamen- Floor and Ceiling ...... 10 percent of the area. tals, Inch-Pound Edition. In the event (c) Insulation compression. Insulation that the classification of the window compressed to less than nominal thick- type is indeterminate, the manufac- ness and loose-fill insulation in sloping turer must use the classification that cavities must have its nominal R-val- gives the higher U value. Where a com- ues reduced in compressed areas in ac- posite of materials from two different cordance with the following table: product types is used, the product is to be assigned the higher U value. For the TABLE TO PARAGRAPH (C)—EFFECT OF INSULA- purpose of calculating Uo values, storm TION COMPRESSION AND RESTRICTION ON R- windows are treated as an additional VALUES pane. Non-uniform (f) Annual energy used based compli- (a) restriction Uniform (b) ance. As an alternative, homes may Original thickness compression (%) Batt Blown batt demonstrate compliance with the an- (%) (%) (%) nual energy used implicit in the coefficient of heat transmission (Uo) require- 0 ...... 20 15 0 1 ...... 26 21 1 ment. The annual energy use deter- 2 ...... 32 25 2 mination must be based on generally 3 ...... 36 28 4 accepted engineering practices. The 4 ...... 38 30 5 5 ...... 41 32 7 general requirement is to demonstrate 6 ...... 43 33 8 that the home seeking compliance ap- 7 ...... 45 35 10 proval has a projected annual energy 8 ...... 46 36 11 9 ...... 48 38 13 use, including both heating and cool- 10 ...... 49 39 14 ing, less than or equal to a similar 11 ...... 51 40 15 ‘‘base case’’ home that meets the 12 ...... 52 42 17 13 ...... 53 43 18 standard. The energy use for both 14 ...... 54 44 20 homes must be calculated based on the 15 ...... 55 45 21 same assumptions; including assuming 16 ...... 57 46 22 17 ...... 58 47 24 the same dimensions for all boundaries 18 ...... 59 48 25 between conditioned and unconditioned 19 ...... 59 49 26

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00096 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.509

TABLE TO PARAGRAPH (C)—EFFECT OF INSULA- TABLE TO PARAGRAPH (C)—EFFECT OF INSULA- TION COMPRESSION AND RESTRICTION ON R- TION COMPRESSION AND RESTRICTION ON R- VALUES—Continued VALUES—Continued

Non-uniform Non-uniform (a) restriction Uniform (b) Uniform (b) Original thickness compression Original thickness (a) restriction compression (%) batt (%) batt Batt Blown (%) Batt Blown (%) (%) (%) (%) (%)

20 ...... 60 50 28 86 ...... 95 93 91 21 ...... 61 51 29 87 ...... 96 93 91 22 ...... 62 52 30 88 ...... 96 94 92 23 ...... 63 52 31 89 ...... 96 94 93 24 ...... 64 53 33 25 ...... 65 54 34 90 ...... 97 95 93 26 ...... 65 55 35 91 ...... 97 95 94 27 ...... 66 56 36 92 ...... 97 96 95 28 ...... 67 57 37 93 ...... 98 96 95 29 ...... 68 57 39 94 ...... 98 97 96 30 ...... 68 58 40 95 ...... 98 97 97 31 ...... 69 59 41 96 ...... 99 98 97 32 ...... 70 60 42 33 ...... 70 60 43 97 ...... 99 98 98 34 ...... 71 61 44 98 ...... 99 99 99 35 ...... 72 62 45 99 ...... 100 99 99 36 ...... 72 63 47 100 ...... 100 100 100 37 ...... 73 63 48 38 ...... 74 64 49 Note: To use this table, first compute the restricted insulation thickness as a fraction of the uncompressed (full) insula- 39 ...... 74 65 50 tion thickness. Then look up the R-value remaining from the 40 ...... 75 65 51 appropriate column (Non-uniform Restriction, Batt Non-uni- 41 ...... 75 66 52 form Restriction, Blown or Uniform Compression, Batt). Exam- 42 ...... 76 67 53 ple: Assume a section of loose-fill ceiling insulation went from 43 ...... 76 68 54 R-25 insulation at a height of 10 inches to a minimum height 44 ...... 77 68 55 of 2 inches at the edge of the ceiling. The ratio of minimum to 45 ...... 78 69 56 full thickness is 0.20 (2 divided by 10). Look up 0.20 (20 percent), read across to column 3 (Non-uniform Restriction, 46 ...... 78 70 57 Blown), and read 50 percent. Therefore, the R-value of the 47 ...... 79 70 58 loose-fill insulation over the restricted area would be R-12.5 48 ...... 79 71 59 (50 percent of 25). 49 ...... 80 71 60 (a) Non-uniform restriction is that which occurs between 50 ...... 80 72 61 non-parallel planes, such as in the ceiling near the eaves. 51 ...... 81 73 62 (b) Uniform compression is compression between parallel 52 ...... 81 73 63 planes, such as that which occurs in a wall. 53 ...... 82 74 64 54 ...... 82 75 65 (d) Air supply ducts within floor cavity. 55 ...... 83 75 65 Air supply ducts located within a floor 56 ...... 83 76 66 cavity shall be assumed to be heating 57 ...... 84 76 67 58 ...... 84 77 68 or cooling the floor cavity to living 59 ...... 84 78 69 space temperatures unless the duct is 60 ...... 85 78 70 structurally isolated by the framing 61 ...... 85 79 71 system or thermally insulated from the 62 ...... 86 79 72 63 ...... 86 80 73 rest of the floor cavity with a thermal 64 ...... 87 81 74 insulation at least equal to R–4. 65 ...... 87 81 74 (e) Air supply ducts within ceiling cav- 66 ...... 88 82 75 67 ...... 88 82 76 ity. Where supply ducts are located in 68 ...... 88 83 77 ceiling cavities, the influence of the 69 ...... 89 84 78 duct on cavity temperatures shall be 70 ...... 89 84 78 71 ...... 90 85 79 considered in calculating envelope heat 72 ...... 90 85 80 loss or heat gain. 73 ...... 90 86 81 (f) The supply duct loss (and/or heat 74 ...... 91 86 82 75 ...... 91 87 82 gain where applicable—See § 3280.511) 76 ...... 92 87 83 shall be calculated using the actual 77 ...... 92 88 84 duct surface area and the actual thick- 78 ...... 92 89 85 ness of insulation between the duct and 79 ...... 93 89 85 80 ...... 93 90 86 outside of the manufactured home. If 81 ...... 93 90 87 there is an air space of at least 1⁄2 inch 82 ...... 94 91 88 between the duct and the insulation, 83 ...... 94 91 88 84 ...... 95 92 89 heat loss/gain need not be calculated if 85 ...... 95 92 90 the cavity in which the duct is located

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.510 24 CFR Ch. XX (4–1–19 Edition)

is assumed to be at living space tem- Construction and Safety Standards for all lo- perature. The average temperature in- cations within Uo Value Zone ll. side the supply duct, including ducts Heating Equipment Manufacturer lllll installed outside the manufactured Heating Equipment Model lllllllll home, shall be assumed to be 130 F for purposes of calculation of heat loss and The above heating equipment has the capacity to maintain an average 70F tempera- 60 F for heat gain. ture in this home at outdoor temperatures of (g) Return air cavities. Cavities used [see paragraph (b) of this section] F. To as return air plenums shall be consid- maximize furnace operating economy and to ered to be at living space temperature. conserve energy, it is recommended that this home be installed where the outdoor winter [40 FR 58752, Dec. 18, 1975. Redesignated at 44 design temperature (97 1/2%) is not higher FR 20679, Apr. 6, 1979, as amended at 78 FR than [see paragraph (c) of this section] F de- 73984, Dec. 9, 2013] grees Fahrenheit. The above information has been calculated § 3280.510 Heat loss certificate. assuming a maximum wind velocity of 15 The manufactured home manufac- MPH at standard atmospheric pressure. turer shall permanently affix the fol- (d) The following additional state- lowing ‘‘Certificate’’ to an interior sur- ment must be provided on the heating face of the home that is readily visible certificate and data plate required by to the homeowner. The ‘‘Certificate’’ § 3280.5 when the home is built with a shall specify the following: vapor retarder of not greater than one (a) Heating zone certification. The de- perm (dry cup method) on the exterior sign zone at which the manufactured side of the insulation: ‘‘This home is home heat loss complies with designed and constructed to be sited § 3280.506(a). only in humid or fringe climate regions (b) Outdoor certification temperature. as shown on the Humid and Fringe Cli- The lowest outdoor temperature at mate Map.’’ A reproduction of the which the installed heating equipment Humid and Fringe Climate Map in will maintain a 70 °F temperature in- § 3280.504 is to be provided on the heat- side the home without storm sash or ing certificate and data plate. The map insulating glass for Zones 1 and 2, and must be not less than 31⁄2 inch × 21⁄4 with storm sash or insulating glass for inch in size and may be combined with Zone 3 and complying with § 3280.508 the Uo Value Zone Map for Manufac- and § 3280.509. tured Housing in § 3280.506. (c) Operating economy certification tem- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 perature. The temperature to be speci- FR 20679, Apr. 6, 1979, as amended at 58 FR fied for operating economy and energy 55011, Oct. 25, 1993; 70 FR 72048, Nov. 30, 2005] conservation shall be 20 °F or 30% of the design temperature difference, § 3280.511 Comfort cooling certificate whichever is greater, added to the tem- and information. perature specified as the heating sys- (a) The manufactured home manufac- tem capacity certification temperature turer shall permanently affix a ‘‘Com- without storm windows or insulating fort Cooling Certificate’’ to an interior glass in Zones 1 and 2 and with storm surface of the home that is readily visi- windows or insulating glass in Zone 3. ble to the home owner. This certificate ° Design temperature difference is 70 may be combined with the heating cer- minus the heating system capacity certificate required in § 3280.510. The man- tification temperature in degrees Fahr- ufacturer shall comply with one of the enheit. following three alternatives in pro- HEATING CERTIFICATE viding the certificate and additional information concerning the cooling of Home Manufacturer lllllllllllll the manufactured home: Plant Location lllllllllllllll Home Model lllllllllllllllll (1) Alternative I. If a central air conditioning system is provided by the home (Include Uo Value Zone Map) manufacturer, the heat gain calcula- This manufactured home has been ther- tion necessary to properly size the air mally insulated to conform with the require- conditioning equipment shall be in ac- ments of the Federal Manufactured Home cordance with procedures outlined in

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00098 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.511

chapter 22 of the 1989 ASHRAE Hand- This air distribution system of this home book of Fundamentals, with an as- is suitable for the installation of central air sumed location and orientation. The conditioning. The supply air distribution system in- following shall be supplied in the Com- stalled in this home is sized for Manufac- fort Cooling Certificate: tured Home Central Air Conditioning Sys- Air Conditioner Manufacturer lllllll tem of up to lll B.T.U./Hr. rated capacity which are certified in accordance with the Air Conditioner Model lllllllllll appropriate Air Conditioning and Refrigera- Certified Capacity lll BTU/Hr. in action Institute Standards. When the air cordance with the appropriate Air Condi- circulators of such air conditioners are rated tioning and Refrigeration Institute Stand- at 0.3 inch water column static pressure or ards greater for the cooling air delivered to the The central air conditioning system pro- manufactured home supply air duct system. vided with this home has been sized, assum- Information necessary to calculate cooling ing an orientation of the front (hitch) end of loads at various locations and orientations is the home facing lll and is designed on the provided in the special comfort cooling infor- basis of a 75 °F indoor temperature and an mation provided with this manufactured outdoor temperature of l °F dry bulb and l home. °F wet bulb. (3) Alternative 3. If the manufactured EXAMPLE ALTERNATE I home is not equipped with an air supply duct system, or if the manufacturer COMFORT COOLING CERTIFICATE elects not to designate the home as Manufactured Home Mfg llllllllll being suitable for the installation of a Plant Location lllllllllllllll central air conditioning system, the Manufactured Home Model lllllllll manufacturer shall provide the fol- Air Conditioner Manufacturer lllllll lowing statement: ‘‘This air distribu- Certified Capacity lll BTU/Hr. in action system of this home has not been cordance with the appropriate Air Condi- designed in anticipation of its use with tioning and Refrigeration Institute Stand- a central air conditioning system.’’ ards. The central air conditioning system pro- EXAMPLE ALTERNATE 3 vided with this home has been sized assum- COMFORT COOLING CERTIFICATE ing an orientation of the front (hitch end) of the home facing lll. On this basis, the Manufactured Home Mfg llllllllll system is designed to maintain an indoor Plant Location lllllllllllllll temperature of 75 °F when outdoor tempera- Manufactured Home Model lllllllll tures are l °F dry bulb and l °F wet bulb. The air distribution system of this home The temperature to which this home can has not been designed in anticipation of its be cooled will change depending upon the use with a central air conditioning system. amount of exposure of the windows to the (b) For each home designated as suit- sun’s radiant heat. Therefore, the home’s able for central air conditioning the heat gains will vary dependent upon its ori- manufacturer shall provide the max- entation to the sun and any permanent shad- ing provided. Information concerning the imum central manufactured home air calculation of cooling loads at various loca- conditioning capacity certified in actions, window exposures and shadings are cordance with the ARI Standard 210/ provided in chapter 22 of the 1989 edition of 240–89 Unitary Air-Conditioning and the ASHRAE Handbook of Fundamentals. Air-Source Heat Pump Equipment and in accordance with § 3280.715(a)(3). If (2) Alternative 2. For each home suit- the capacity information provided is able for a central air cooling system, based on entrances to the air supply the manufacturer shall provide the fol- duct at other than the furnace plenum, lowing statement: ‘‘This air distribu- the manufacturer shall indicate the tion system of this home is suitable for correct supply air entrance and return the installation of a central air condi- air exit locations. tioning system.’’ (c) Comfort cooling information. For EXAMPLE ALTERNATE 2 each manufactured home designated, either ‘‘suitable for’’ or ‘‘provided COMFORT COOLING CERTIFICATE with’’ a central air conditioning sys- Manufactured Home Manufacturer lllll tem, the manufacturer shall provide Plant Location lllllllllllllll comfort cooling information specific to Manufactured Home Model lllllllll the manufactured home necessary to

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.601 24 CFR Ch. XX (4–1–19 Edition)

complete the cooling load calculations. appliances, or other device and the The comfort cooling information shall flood level rim of the receptacle. include a statement to read as follows: Backflow means the flow of water or To determine the required capacity of other liquids, mixtures, or substances equipment to cool a home efficiently and into the distributing pipes of a potable economically, a cooling load (heat gain) cal- supply of water from any source or culation is required. The cooling load is de- sources other than its intended pendent on the orientation, location and the sources. structure of the home. Central air conditioners operate most efficiently and provide Backflow connection means any ar- the greatest comfort when their capacity rangement whereby backflow can closely approximates the calculated cooling occur. load. Each home’s air conditioner should be Backflow preventer means a device or sized in accordance with chapter 22 of the means to prevent backflow. American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Branch means any part of the piping Handbook of Fundamentals, 1989 Edition, system other than a riser, main or once the location and orientation are known. stack. Common vent means a vent con- INFORMATION PROVIDED BY THE MANUFAC- necting at the junction of fixture TURER NECESSARY TO CALCULATE SENSIBLE HEAT GAIN drains and serving as a vent for more Walls (without windows and doors) ...... U than one fixture. Ceilings and roofs of light color ...... U Continuous vent means a vertical vent Ceilings and roofs of dark color ...... U Floors ...... U that is a continuation of the drain to Air ducts in floor ...... U which it connects. Air ducts in ceiling ...... U Continuous waste means a drain from Air ducts installed outside the home ...... U two or more fixtures connected to a Information necessary to calculate duct single trap. areas. Critical level means a point estab- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 lished by the testing laboratory (usu- FR 20679, Apr. 6, 1979, as amended at 58 FR ally stamped on the device by the man- 55012, Oct. 25, 1993] ufacturer) which determines the minimum elevation above the flood level Subpart G—Plumbing Systems rim of the fixture or receptacle served on which the device may be installed. § 3280.601 Scope. When a backflow prevention device Subpart G of this standard covers the does not bear a critical level marking, plumbing materials, fixtures, and the bottom of the vacuum breaker, equipment installed within or on man- combination valve, or of any such ap- ufactured homes. It is the intent of proved or listed device shall constitute this subpart to assure water supply, the critical level. drain, waste and vent systems which Cross connection means any physical permit satisfactory functioning and connection or arrangement between provide for health and safety under all two otherwise separate systems or conditions of normal use. sources, one of which contains potable § 3280.602 Definitions. water and the other either water, steam, gas or chemical of unknown or The following definitions are applicable to subpart G only: questionable safety whereby there may Accessible, when applied to a fixture, be a flow from one system or source to connection, appliance or equipment, the other, the direction of flow depend- means having access thereto, but ing on the pressure differential be- which may require removal of an ac- tween the two systems. cess panel or opening of a door. Developed length means that length of Air gap (water distribution system) pipe measured along the center line of means the unobstructed vertical dis- the pipe and fittings. tance through the free atmosphere be- Diameter, unless otherwise specifi- tween the lowest opening from any cally stated, means the nominal (in- pipe or faucet supplying water to a side) diameter designated commer- tank, plumbing fixture, water supplied cially.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.602

Drain means a pipe that carries Inlet coupling means the terminal end waste, water, or water-borne waste in a of the water system to which the water drainage system. service connection is attached. It may Drain connector means the removable be a swivel fitting or threaded pipe end. extension, consisting of all pipes, fit- Main means the principal artery of tings and appurtenances, from the the system to which branches may be drain outlet to the drain inlet serving connected. the manufactured home. Main drain means the lowest pipe of a Drain outlet means the lowest end of drainage system which receives sewage the main or secondary drain to which a from all the fixtures within a manufac- sewer connection is made. tured home and conducts these wastes Drainage system means all piping to the drain outlet. within or attached to the structure Main vent means the principal artery that conveys sewage or other liquid of the venting system to which vent waste to the drain outlet, not including the drain connector. branches may be connected. Fixture drain means the drain from Mechanical trap vent device means a the trap of a fixture to the junction of device that automatically opens to that drain with any other drain pipe. admit air to a fixture drain above the Fixture supply means the water sup- connection of the trap arm so as to pre- ply pipe connecting a fixture to a vent siphonage, and closes tightly branch water supply pipe or directly to when the pressure within the drainage a main water supply pipe. system is equal to or greater than at- Flood-level means the level in the re- mospheric pressure, so as to prevent ceptacle over which water would over- the escape of gases from the drainage flow to the outside of the receptacle. system into the manufactured home. Flooded means the condition which Offset means a combination of pipe results when the liquid in a container and/or fittings that brings one section or receptacle rises to the flood-level. of the pipe out of line but into a line Flush tank means that portion of a parallel with the other section. water closet that is designed to contain Pitch. See Grade. sufficient water to adequately flush the Plumbing appliance: means any one of fixture. a special class of plumbing fixture Flush valve means a device located at which is intended to perform a special the bottom of a flush tank for flushing plumbing function. Its operation and/or a water closet. control may be dependent upon one or Flushometer tank: means a device in- more energized components, such as tegrated within an air accumulator motors, control, heating elements, or vessel which is designed to discharge a pressure or temperature-sensing ele- predetermined quantity of water to fix- ments. Such fixture may operate auto- tures for flushing purposes. matically through one or more of the Flushometer valve means a device following actions: A time cycle, a tem- which discharges a predetermined perature range, a pressure range, a quantity of water to a fixture for flush- measured volume or weight, or the fix- ing purposes and is closed by direct ture may be manually adjusted or con- water pressure. trolled by the user or operator. Grade means the fall (slope) of a pipe means a man- in reference to a horizontal plane ex- Plumbing appurtenance: pressed in inches per foot length. ufactured device, or a prefabricated as- Horizontal branch means any pipe ex- sembly, or an on-the-job assembly of tending laterally, which receives the component parts, and which is an ad- discharge from one or more fixture junct to the basic piping system and drains and connects to the main drain. plumbing system and plumbing fix- Horizontal pipe means any pipe or fit- tures. An appurtenance demands no ad- ting which makes an angle of not more ditional water supply, nor does it add than 45 degrees with the horizontal. any discharge load to a fixture or the Individual vent means a pipe installed drainage system. to vent a fixture drain.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.603 24 CFR Ch. XX (4–1–19 Edition)

Plumbing fixtures means receptacles, Water closet drain means that part of devices, or appliances which are sup- the drainage piping which receives the plied with water or which receive liq- discharge from each individual water uid or liquid-borne wastes for discharge closet. into the drainage system. Water connection means the fitting or Plumbing system means the water sup- point of connection for the manufac- ply and distribution pipes; plumbing tured home water distribution system fixtures, faucets and traps; soil, waste designed for connection to a water sup- and vent pipes; and water-treating or ply. water-using equipment. Water connector means the removable Primary vent. See main vent. extension connecting the manufactured Relief vent means an auxiliary vent home water distribution system to the which permits additional circulation of water supply. air in or between drainage and vent Water distribution system means pota- systems. ble water piping within or permanently Secondary vent means any vent other attached to the manufactured home. than the main vent or those serving Wet vent means a vent which also each toilet. serves as a drain for one or more fix- Sewage means any liquid waste con- tures. taining animal or vegetable matter in Wet vented drainage system means the suspension or solution, and may in- specially designed system of drain pip- clude liquids containing chemicals in ing that also vents one or more plumb- solution. ing fixtures by means of a common Siphonage means the loss of water waste and vent pipe. seal from fixture traps resulting from Whirlpool bathtub means a plumbing partial vacuum in the drainage system appliance consisting of a bathtub fix- which may be of either of the following ture which is equipped and fitted with two types, or a combination of the two: a circulation piping system, pump, and (a) Self-siphonage resulting from vac- other appurtenances and is so designed uum in a fixture drain generated solely to accept, circulate, and discharge by the discharge of the fixture served bathtub water upon each use. by that drain, or, [40 FR 58752, Dec. 18, 1975. Redesignated at 44 (b) Induced siphonage resulting from FR 20679, Apr. 6, 1979, as amended at 52 FR vacuum in the drainage system gen- 4584, Feb. 12, 1987; 52 FR 47553, Dec. 15, 1987; erated by the discharge of one or more 58 FR 55012, Oct. 25, 1993; 78 FR 73984, Dec. 9, fixtures other than the one under ob- 2013] servation. Trap means a fitting or device de- § 3280.603 General requirements. signed and constructed to provide a liq- (a) Minimum requirements. Any plumb- uid seal that will prevent the back pas- ing system installed in a manufactured sage of air without materially affect- home shall conform, at least, with the ing the flow of liquid waste through it. provisions of this subpart. Trap arm means the portion of a fix- (1) General. The plumbing system ture drain between a trap and its vent. shall be of durable material, free from Trap seal means the vertical depth of defective workmanship, and so de- liquid that a trap will retain. signed and constructed as to give satis- Vacuum breaker. See backflow pre- factory service for a reasonable life ex- venter. pectancy. Vent cap means the device or fitting (2) Conservation. Each water closet which protects the vent pipe from for- must not use more than 1.6 gallons of eign substance with an opening to the water per flush. atmosphere equal to the area of the (3) Connection to drainage system. All vent it serves. plumbing, fixtures, drains, appur- Vent system means that part of a pip- tenances, and appliances designed or ing installation which provides circula- used to receive or discharge liquid tion of air within a drainage system. waste or sewage shall be connected to Vertical pipe means any pipe or fit- the manufactured home drainage sys- ting which makes an angle of not more tem in a manner provided by this than 45 degrees with the vertical. standard.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.604

(4) Workmanship. All design, con- lessly weakened by cutting or notch- struction, and workmanship shall be in ing. conformance with accepted engineering (2) Exposed piping. All piping, pipe practices and shall be of such character threads, hangers, and support exposed as to secure the results sought to be to the weather, water, mud, and road obtained by this standard. hazard, and subject to damage there- (5) Components. Plumbing materials, from, shall be painted, coated, devices, fixtures, fittings, equipment, wrapped, or otherwise protected from appliances, appurtenance, and acces- deterioration. sories intended for use in or attached (3) Road damage. Pipes, supports, to a manufactured home shall conform drains, outlets, or drain hoses shall not to one of the applicable standards ref- extend or protrude in a manner where erenced in § 3280.604. Where an applica- they could be unduly subjected to dam- ble standard is not referenced, or an al- age during transit. ternative recognized standard is uti- (4) Freezing. All piping and fixtures lized, the plumbing component shall be subject to freezing temperatures shall listed by a nationally recognized test- be insulated or protected to prevent ing laboratory, inspection agency or freezing, under normal occupancy. The other qualified organization as suitable manufacturer shall provide: for the intended use. (i) Written installation instructions (6) Prohibited fittings and practices. (i) for the method(s) required for compli- Drainage or vent piping shall not be ance to this section; drilled and tapped for the purpose of (ii) A statement in the installation making connections. instructions required by § 3280.306(b), (ii) Except as specifically provided stating that if the heat tape or pipe elsewhere in this standard, vent pipes heating cable is used, it must be listed shall not be used as waste or drain for use with manufactured homes. pipes. (iii) A receptacle outlet complying (iii) Fittings, connections, devices, or with § 3280.806(d)(10). methods of installation that obstruct (5) All piping, except the fixture trap, or retard the flow of sewage, or air in shall be designed to allow drainage. the drainage or venting systems in an (6) Rodent resistance. All exterior amount greater than the normal fric- openings around piping and equipment tional resistance to flow shall not be shall be sealed to resist the entrance of used unless their use is acceptable in rodents. this standard or their use is accepted as having a desirable and acceptable (7) Piping and electrical wiring shall function of ultimate benefit to the not pass through the same holes in proper and continued functioning of walls, floors or roofs. Plastic piping the plumbing system. shall not be exposed to heat in excess (iv) Cracks, holes, or other imperfec- of manufacturers recommendation or tions in materials shall not be con- radiation from heat producing appli- cealed by welding, brazing, or soldering ances. or by paint, wax, tar, or other leak- [40 FR 58752, Dec. 18, 1975, as amended at 42 sealing or repairing agents. FR 54383, Oct. 5, 1977. Redesignated at 44 FR (v) Piping, fixtures or equipment 20679, Apr. 6, 1979, as amended at 58 FR 55012, shall be located so as not to interfere Oct. 25, 1993; 78 FR 73985, Dec. 9, 2013] with the normal use or with the normal operation and use of windows, § 3280.604 Materials. doors or other required facilities. (a) Minimum standards. Materials, de- (vi) Galvanized pipe shall not be bent vices, fixtures, fittings, equipment, ap- or welded. pliances, appurtenances and acces- (7) Alignment of fittings. All valves, sories shall conform to one of the pipes, and fittings shall be installed in standards in the following table and be correct relationship to the direction of free from defects. Where an appropriate flow. standard is not indicated in the table (b) Protective requirements. (1) Cutting or a standard not indicated in the table structural members. Structural mem- is preferred, the item may be used if it bers shall not be unnecessarily or care- is listed. A listing is also required when

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00103 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.604 24 CFR Ch. XX (4–1–19 Edition)

so specified in other sections of this Standard Specification for Seamless Red subpart. Brass Pipe, Standard Sizes—ASTM B43–91. (b) Where more than one standard is Cast Bronze Threaded Fittings, Classes 125 referenced for a particular material or and 250—ANSI/ASME B16.15–1985. component, compliance with only one PLASTIC PIPE AND FITTINGS of those standards is acceptable. Excep- Standard Specification Acrylonitrile-Buta- tions: diene-Styrene (ABS) Schedule 40 Plastic (1) When one of the reference stand- Drain, Waste, and Vent Pipe and Fittings— ards requires evaluation of chemical, ASTM D2661–91. toxicity or odor properties which are Standard Specification for Poly (Vinyl Chlo- not included in the other standard, ride) (PVC) Plastic Drain, Waste, and Vent then conformance to the applicable re- Pipe and Fittings—ASTM D2665–91b. quirements of each standard shall be Standard Specification for Drain, Waste, and demonstrated; Vent (DWV) Plastic Fittings Patterns— ASTM D3311–92. (2) When a plastic material or compo- Standard Specification for Acrylonitrile-Bu- nent is not covered by the Standards in tadiene-Styrene (ABS) Schedule 40, Plastic the following table, it must be certified Drain, Waste, and Vent Pipe With a Cel- as non-toxic in accordance with ANSI/ lular Core—ASTM F628–91. NSF 61–2001, Drinking water system Standard Specification for Chlorinated Poly components—Health effects. (Vinyl Chloride) (CPVC) Plastic Hot- and Cold-Water Distribution Systems—ASTM FERROUS PIPE AND FITTINGS D2846–92. Gray Iron Threaded Fittings—ANSI/ASME Standard Specification for Polybutylene B16.4–1992. (PB) Plastic Hot- and Cold-Water Distribu- Malleable Iron Threaded Fittings—ANSI/ tion Systems—ASTM D3309–92a. ASME B16.3–1992. Plastic Piping Components and Related Ma- Material and Property Standard for Special terials—ANSI/NSF 14–1990. Cast Iron Fittings—IAPMO PS 5–84. Standard Specification for Crosslinked Welding and Seamless Wrought Steel Pipe— Polyethylene (PEX) Tubing—ASTM F876–10 ANSI/ASME B36.10–1979. (incorporated by reference, see § 3280.4). Standard Specification for Pipe, Steel, Black Standard Specification for Crosslinked and Hot-Dipped, Zinc-Coated, Welded and Polyethylene (PEX) Plastic Hot- and Cold- Seamless—ASTM A53–93. Water Distribution Systems—ASTM F877–07 Pipe Threads, General Purpose (Inch)—ANSI/ (incorporated by reference, see § 3280.4). ASME B1.20.1–1983. MISCELLANEOUS Standard Specification for Cast Iron Soil Pipe and Fittings—ASTM A74–92. Standard Specification for Rubber Gaskets Standard Specification for Hubless Cast Iron for Cast Iron Soil Pipe and Fittings, ASTM Soil Pipe and Fittings for Sanitary and C564–97 (incorporated by reference, see Storm Drain, Waste, and Vent Piping Ap- § 3280.4). plications—CISPI–301–90. Backflow Valves—ANSI A112.14.1–1975. Plumbing Fixture Setting Compound—TTP NONFERROUS PIPE AND FITTINGS 1536A–1975. Standard Specification for Seamless Copper Material and Property Standard for Cast Pipe, Standard Sizes—ASTM B42–93. Brass and Tubing P-Traps—IAPMO PS 2– Standard Specification for General Require- 89. ments for Wrought Seamless Copper and Relief Valves for Hot Water Supply Sys- Copper-Alloy Tube—ASTM B251–93. tems, ANSI Z21.22–1999 (incorporated by ref- Standard Specification for Seamless Copper erence, see § 3280.4). Water Tube—ASTM B88–93. Standard Specification for Solvent Cement Standard Specification for Copper Drainage for Acrylonitrile-Butadiene-Styrene (ABS) Tube (DWV)—ASTM B306–92. Plastic Pipe and Fittings—ASTM D2235–88. Wrought Copper and Copper Alloy Solder- Standard Specification for Solvent Cements Joint Pressure Fitting—ASME/ANSI for Poly (Vinyl Chloride) (PVC) Plastic B16.22–1989. Piping Systems—ASTM D2564–91a. Wrought Copper and Wrought Copper Alloy Specification for Neoprene Rubber Gaskets Solder-Joint Drainage Fittings-DWV— for HUB and Spigot Cast Iron Soil Pipe and ASME/ANSI B16.29–1986. Fittings—CISPI–HSN–85. Cast Copper Alloy Solder-Joint Pressure Fit- Plumbing System Components for Manufac- tings—ANSI B16.18–1984. tured Homes and Recreational Vehicles— Cast Copper Alloy Solder-Joint Drainage ANSI/NSF 24–1988. Fittings-DWV—ASME B16.23–1992. Material and Property Standard for Diver- Cast Copper Alloy Fittings for Flared Copper sion Tees and Twin Waste Elbow—IAPMO Tubes—ASME/ANSI B16.26–1988. PS 9–84.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00104 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.604

Material and Property Standard for Flexible Plumbing Fixture Fittings—ASME/ANSI Metallic Water Connectors—IAPMO PS 14– A112.18.1M–1989. 89. Trim for Water Closet, Bowls, Tanks, and Material and Property Standard for Dish- Urinals—ANSI A112.19.5–1979. washer Drain Airgaps—IAPMO PS 23–89. Plastic Water Closets, Bowls, and Tanks Material and Property Standards for Back- with Addenda Z124.4a-1990—ANSI Z124.4– flow Prevention Assemblies—IAPMO PS 1986. 31–91. ANSI Z124.5, Plastic Toilet (Water Closets) Performance Requirements for Air Admit- Seats, 1997. tance Valves for Plumbing Drainage Sys- ANSI Z124.7, Prefabricated Plastic Spa tems, Fixture and Branch Devices—ASSE Shells, 1997. Standard #1051, 1990 Revised: 1996/ANSI Whirlpool Bathtub Appliances—ASME/ANSI 1998. A112.19.7M–1987. Drinking Water System Components–Health ANSI Z–124.9, Plastic Urinal Fixtures, 1994. Effects—ANSI/NSF 61–2001. Performance Requirements for Individual Thermostatic Pressure Balancing and PLUMBING FIXTURES Combination Control for Bathing Facili- ties—ASSE 1016–1988 (ANSI 1990). Plumbing Fixtures (General Specifica- Performance Requirements for Pressurized tions)—FS WW–P–541E/GEN–1980. Flushing Devices (Flushometers) for Vitreous China Plumbing Fixtures—ANSI/ Plumbing Fixtures—ASSE 1037–1990 (ANSI– ASME A112.19.2(M)–1990. 1990). Enameled Cast Iron Plumbing Fixtures— Performance Requirements for Water Closet ANSI/ASME A112.19.1M–1987. Flush Tank Fill Valves (Ballcocks)—ASSE Porcelain Enameled Formed Steel Plumbing 1002 Revision 5–1986 (ANSI/ASSE–1979). Fixtures—ANSI/ASME A112.19.4(M)–1984. Performance Requirements for Hand-held Plastic Bathtub Units with Addenda Z124.1a– Showers—ASSE 1014–1989 (ANSI–1990). 1990 and Z124.16–1991—ANSI Z124.1–1987. Hydrants for Utility and Maintenance Use— Standard for Porcelain Enameled Formed ANSI/ASME A112.21.3M–1985. Steel Plumbing Fixtures—IAPMO TSC 22– Performance Requirements for Home Laun- 85. dry Equipment—ASSE 1007–1986. Plastic Shower Receptors and Shower Stalls Performance Requirements for Hot Water with Addendum Z124.2a–1990—ANSI Z124.2– Dispensers, Household Storage Type Elec- 1987. trical—ASSE 1023, (ANSI/ASSE–1979). Stainless Steel Plumbing Fixtures (Designed Plumbing Requirements for Residential Use for Residential Use)—ANSI/ASME (Household) Dishwashers—ASSE 1006, A112.19.3M–1987. (ASSE/ANSI–1986). Material and Property Standard for Drains Performance Requirements for Household for Prefabricated and Precast Showers— Food Waste Disposer Units—ASSE 1008– IAPMO PS 4–90. 1986. Plastic Lavatories with Addendum Z124.3a– Performance Requirements for Temperature 1990—ANSI Z124.3–1986. Activated Mixing Valves for Primary Do- Standard for Safety Glazing Materials used mestic Use—ASSE 1017–1986. in Buildings—Safety Performance Specifica- Water Hammer Arresters—ANSI A112.26.1– tions and Methods of Test, ANSI Z97.1–2004 1969 (R 1975). (incorporated by reference, see § 3280.4). Suction Fittings for Use in Swimming Pools, Water Heater Relief Valve Drain Tubes— Wading Pools, Spas, Hot Tubs, and Whirl- ASME A112.4.1–1993. pool Bathtub Appliances—ASME/ANSI Flexible Water Connectors—ASME A112.18.6– A112.19.8M–1989. 1999. Air Gaps in Plumbing Systems—ASME Performance Requirements for Backflow A112.1.2–1991. Protection Devices and Systems in Plumb- Performance Requirements for Diverters for ing Fixture Fittings—ASME A112.18.3M– Plumbing Faucets with Hose Spray, Anti- 1996. Siphon Type, Residential Applications— Non-Vitreous Ceramic Plumbing Fixtures— ASSE 1025 (ANSI/ASSE–1978). ASME A112.19.9M–1991. Performance Requirements for Pipe Applied Dual Flush Devices for Water Closets— Atmospheric Type Vacuum Breakers— ASME A119.19.10–1994. ASSE 1001 (ASSE/ANSI–1990). Deck Mounted Bath/Shower Transfer Valves Performance Requirements for Hose Connec- with Integral Backflow Protection—ASME tion Vacuum Breakers—ASSE 1011–1981 A112.18.7–1999. (ANSI–1982). Plastic Fittings for Connecting Water Clos- Performance Requirements for Wall Hy- ets to the Sanitary Drainage System— drants, Frost Proof Automatic Draining, ASME A112.4.3–1999. Anti-Backflow Types—ANSI/ASSE 1019– Hydraulic Performance Requirements for 1978. Water Closets and Urinals, ASME Performance Requirements for Automatic A112.19.6–1995. Compensating Values for Individual Shower

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.605 24 CFR Ch. XX (4–1–19 Edition)

and Tub/Shower Combinations, approved (h) Cast iron soil pipe joints. Approved January 2005 ASSE 1016–2005 (incorporated or listed cast iron pipe may be joined by reference, see § 3280.4). as follows: Performance Requirements for Water Tem- (1) Approved or listed hub-less pipe perature Limiting Devices, approved Feb- and fittings must be permitted to be ruary 2004, ASSE 1070–2004 (incorporated by reference, see § 3280.4). joined with listed couplings or adapters, per the manufacturer’s rec- [58 FR 55013, Oct. 25, 1993, as amended at 70 ommendations. FR 72048, Nov. 30, 2005; 78 FR 73985, Dec. 9, (2) Hub and plain-end soil pipe may 2013; 79 FR 31863, June 3, 2014] be joined by compression fittings per the manufacturer’s recommendation. § 3280.605 Joints and connections. (a) Tightness. Joints and connections [40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 53 FR in the plumbing system shall be gas- 23611, June 23, 1988; 78 FR 73985, Dec. 9, 2013] tight and watertight for the pressures required under testing procedures. § 3280.606 Traps and cleanouts. (b) Assembling of pipe. All joints and (a) Traps—(1) Traps required. Each connections shall be correctly assem- plumbing fixture, except listed toilets, bled for tightness. Pipe threads shall be shall be separately trapped by approved fully engaged with the threads of the water seal ‘‘P’’ traps. All traps shall be fitting. Plastic pipe and copper tubing effectively vented. shall be inserted to the full depth of (2) Combination Fixtures. For the pur- the solder cup or welding sockets of poses of drainage and ventilation re- each fitting. Pipe threads and slip quirements, a two- or three-compart- joints shall not be wrapped with string, ment sink, up to three single sinks, or paper, putty, or similar fillers. up to three lavatories may be con- (c) Threaded joints. Threads for screw nected to one ‘‘P’’ trap and considered pipe and fittings shall conform to the as a single fixture, so long as the sinks approved or listed standard. Pipe ends and lavatories are in the same room, shall be reamed out to size of bore. All have waste outlets not more than 30 burrs, chips, cutting oil and foreign inches apart, and have flood level rims matter shall be removed. Pipe joint ce- at the same level. The ‘‘P’’ trap must ment or thread lubricant shall be of ap- be installed at the center fixture when proved type and applied to male three such fixtures are installed. threads only. (3) Prohibited traps. A trap which de- (d) Solder joints. Solder joints for tub- pends for its seal upon concealed inte- ing shall be made with approved or list- rior partitions shall not be used. Full ed solder type fittings. Surfaces to be ‘‘S’’ traps, bell traps, drum traps, soldered shall be cleaned bright. The crown-vented traps, and running traps joints shall be properly fluxed with are prohibited. Fixtures shall not be noncorrosive paste type flux and, for double-trapped. manufactured homes to be connected (4) Material and design. Each trap to a public water system, made with shall be self-cleaning with a smooth solder having not more than 0.2 percent and uniform interior waterway. Traps lead. shall be manufactured of cast iron, cast (e) Plastic pipe, fittings and joints. brass, or drawn brass tubing of not less Plastic pipe and fittings shall be joined than No. 20 Brown and Sharpe gage, or by installation methods recommended approved or listed plastic, or other ap- by the manufacturer or in accordance proved or listed material. Union joints with the provisions of a recognized, ap- for a trap shall be beaded to provide a proved, or listed standard. shoulder for the union nut. Each trap (f) Union joints. Metal unions in water shall have the manufacturer’s name piping shall have metal-to-metal stamped or cast in the body of the trap, ground seats. and each tubing trap shall show the (g) Flared joints. Flared joints for gage of the tubing. soft-copper water tubing shall be made (5) Trap seal. Each ‘‘P’’ trap shall with approved or listed fittings. The have a water seal of not less than 2 tubing shall be expanded with a proper inches and not more than 4 inches and flaring tool. shall be set true to its seal.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.607

(6) Size. Traps shall be not less than (2) Access to cleanouts. Cleanouts shall 11⁄4 inches in diameter. A trap shall not be accessible through an unobstructed be larger than the waste pipe to which minimum clearance of 12 inches di- it is connected. rectly in front of the opening. Each (7) Location. Each trap shall be lo- cleanout fitting shall open in a direc- cated as close to its vent and to its fix- tion opposite to the flow or at right an- ture outlet as structural conditions gles to the pipe. Concealed cleanouts will permit. that are not provided with access cov- (8) Length of tailpiece. The vertical ers shall be extended to a point above distance from a trap to the fixture out- the floor or outside of the manufac- let shall not exceed 24 inches. tured home, with pipe and fittings in- (9) Installation. (i) Grade of trap arm. stalled, as required, for drainage piping The piping between a ‘‘P’’ trap and the without sags and pockets. fixture tee or the vented waste line (3) Material. Plugs and caps shall be shall be graded 1⁄4 inch per foot towards brass or approved or listed plastic, with the vent and in no event shall have a screw pipe threads. slope greater than its diameter. The (4) Design. Cleanout plugs shall have vent opening at fixture tees shall not raised heads except that plugs at floor be below the weir of the ‘‘P’’ trap out- level shall have counter-sunk slots. let. [40 FR 58752, Dec. 18, 1975. Redesignated at 44 (ii) Trap arm offset. The piping be- FR 20679, Apr. 6, 1979, as amended at 58 FR tween the ‘‘P’’ trap and vent may 55014, Oct. 25, 1993; 78 FR 73985, Dec. 9, 2013] change direction or be offset horizontally with the equivalent of no § 3280.607 Plumbing fixtures. more than 180 degrees total change in (a) General requirements—(1) Quality of direction with a maximum of 90 de- fixtures. Plumbing fixtures shall have grees by any one fitting. smooth impervious surfaces, be free (iii) Concealed traps. Traps with me- from defects and concealed fouling sur- chanical joints shall be accessible for faces, be capable of resisting road repair and inspection. shock and vibration, and shall conform (iv) Removability of traps, etc. Traps in quality and design to listed stand- shall be designed and installed so the ards. Fixtures shall be permanently ‘‘U’’ bend is removable without remov- marked with the manufacturer’s name ing the strainers from the fixture. Con- or trademark. tinuous waste and tail pieces which are (2) Strainers. The waste outlet of all permanently attached to the ‘‘U’’ bend plumbing fixtures, other than toilets, shall also be removable without remov- shall be equipped with a drain fitting ing the strainer from the fixture. that will provide an adequate unob- (b) Cleanout openings—(1) Location of structed waterway. cleanout fittings. (i) Cleanouts shall be (3) Fixture Connections. Fixture tail- installed if the drainage system cannot pieces and continuous wastes in ex- be cleaned through fixtures, drains, or posed or accessible locations must be vents. Cleanouts shall also be provided of not less than No. 20 Brown and when fittings of more than 45 degrees Sharpe gauge seamless drawn-brass are used to affect an offset except tubing or other approved pipe or tubing where long turn ells are used which materials. Inaccessible fixture connec- provide sufficient ‘‘sweep’’ for clean- tions must be constructed according to ing. the requirements for drainage piping. (ii) A full size cleanout shall be in- The diameter of each fixture tailpiece, stalled at the upper end of any section continuous waste, or waste and over- of drain piping which does not have the flow must be not less than: 1 required minimum slope of ⁄4 inch per (i) 11⁄2 inches, for sinks of two or foot grade. more compartments, dishwashers, (iii) A cleaning tool shall not be re- clothes washing machines, laundry quired to pass through more than 360 tubs, bathtubs, and showers; and degrees of fittings, excluding remov- (ii) Not less than 11⁄4 inches for lava- able ‘‘P’’ traps, to reach any part of the tories or single compartment sinks drainage system. Water closets may be having a 2-inch maximum drain open- removed for drainage system access. ing.

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00107 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.607 24 CFR Ch. XX (4–1–19 Edition)

(4) Concealed connections. Concealed flange or other approved fitting which slip joint connections shall be provided is secured to the floor by means of cor- with adequately sized unobstructed ac- rosion-resistant screws. The bolts shall cess panels and shall be accessible for be of solid brass or other corrosion-reinspection and repair. sistant material and shall be not less (5) Directional fitting. An approved or than one-fourth inch in diameter. A listed ‘‘Y’’ or other directional-type watertight seal shall be made between branch fitting shall be installed in the water closet and flange or other ap- every tailpiece or continuous waste proved fitting by use of a gasket or that receives the discharge from food sealing compound. waste disposal units, dishwashing, or (3) Shower compartment. (i) Each com- other force-discharge fixture or appli- partment stall shall be provided with ance. (See also § 3280.607(b)(4)(ii).) an approved watertight receptor with (6) Water conservation. All lavatory sides and back extending at least 1 inch faucets, showerheads, and sink faucets above the finished dam or threshold. In must not exceed a flow of 2.5 gallons no case shall the depth of a shower re- per minute (gpm). ceptor be less than 2 inches or more (b) Fixtures—(1) Spacing. All plumbing than 9 inches measured from the top of fixtures shall be so installed with re- the finished dam or threshold to the gard to spacing as to be reasonably ac- top of the drain. The wall area shall be cessible for their intended use. constructed of smooth, noncorrosive, (2) Water closets. (i) Water closets and nonabsorbent waterproof materials shall be designed and manufactured ac- to a height not less than 6 feet above cording to approved or listed standards the bathroom floor level. Such walls and shall be equipped with a water shall form a watertight joint with each flushing device capable of adequately other and with the bathtub, receptor or flushing and cleaning the bowl at each shower floor. The floor of the compart- operation of the flushing mechanism. ment shall slope uniformly to the drain (ii) Water closet flushing devices at not less than one-fourth nor more shall be designed to replace the water than one-half inch per foot. seal in the bowl after each operation. (ii) The joint around the drain con- Flush valves, flushometer valves, nection shall be made watertight by a flushometer tanks and ballcocks shall flange, clamping ring, or other ap- operate automatically to shut off at proved listed means. the end of each flush or when the tank (iii) Shower doors and tub and shower is filled to operating capacity. enclosures shall be constructed so as to (iii) All water closets must be low be waterproof and, if glazed, glazing consumption (1.6 gallons per flush shall comply with the Standard for (gpf)) closets. Safety Glazing Materials used in Build- (iv) Flush tanks shall be fitted with ings—Safety Performance Specifica- an overflow pipe large enough to pre- tions and Methods of Test, ANSI Z97.1– vent flooding at the maximum flow 2004 (incorporated by reference, see rate of the ball cock. Overflow pipes § 3280.4). shall discharge into the toilet, through (iv) Prefabricated plumbing fixtures the tank. shall be approved or listed. (v) Floor Connection. Water closets (v) Shower and tub-shower combina- must be securely bolted to an approved tion valves must be balanced pressure, flange or other approved fitting that is thermostatic, or combination mixing secured to the floor by means of corro- valves that conform to the require- sion-resistant screws. The bolts must ments of ASSE 1016–2005, Performance be of solid brass or other corrosion-re- Requirements for Automatic Compen- sistant material and must not be less sating Valves for Individual Shower than 1⁄4 inch in diameter. A watertight and Tub/Shower Combinations (incor- seal must be made between the water porated by reference, see § 3280.4). Such closet and flange or other approved fit- valves must be equipped with handle ting by use of a gasket, sealing com- position stops that are adjustable in pound, or listed connector device. accordance with the valve manufactur- (vi) Floor connection. Water closets er’s instructions and to a maximum shall be securely bolted to an approved setting of 120 °F. Hot water supplied to

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00108 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.608

bathtubs and whirlpool bathtubs are to continuous waste, or trap of any sink be limited to a temperature of not or dishwashing machine. greater than 120 °F by a water tempera- (c) Installation—(1) Access. Each ture limiting device that conforms to plumbing fixture and standpipe recep- the requirements of ASSE 1070–2004, tor shall be located and installed in a Performance Requirements for Water manner to be accessible for usage, Temperature Limiting Devices (incor- cleaning, repair and replacement. Ac- porated by reference, see § 3280.4). cess to diverter valves and other con- (4) Dishwashing machines. (i) A dish- nections from the fixture hardware is washing machine must discharge its not required. waste through a fixed air gap installed (2) Alignment. Fixtures shall be set above the machine, through a high loop level and in true alignment with adja- as specified by the dishwashing ma- cent walls. Where practical, piping chine manufacturer, or into an open from fixtures shall extend to nearest standpipe receptor with a height great- wall. er than the washing compartment of (3) Brackets. Wall-hung fixtures shall the machine. When a standpipe is used, be rigidly attached to walls by metal it must be at least 18 inches, but not brackets or supports without any more than 30 inches, above the trap strain being transmitted to the piping weir. The drain connections from the connections. Flush tanks shall be se- air gap or high loop are permitted to curely fastened to toilets or to the wall connect to an individual trap to a di- with corrosive-resistant materials. rectional fitting installed in the sink (4) Tub supports. Bathtub rims at wall tailpiece or to an opening provided on shall be supported on metal hangers or the inlet side of a food waste disposal on end-grain wood blocking attached to unit. the wall unless otherwise recommended (ii) Drain from a dishwashing ma- by the manufacturer of the tub. chine shall not be connected to a sink (5) Fixture fittings. Faucets and tailpiece, continuous waste line, or diverters shall be installed so that the trap on the discharge side of a food flow of hot water from the fittings cor- waste disposal unit. responds to the left-hand side of the fitting. (5) Clothes washing machines. (i) (6) Hydromassage bathtub—(i) Access Clothes washing machines shall drain panel. A door or panel of sufficient size either into a properly vented trap, into must be installed to provide access to a laundry tub tailpiece with watertight the pump for repair or replacement. connections, into an open standpipe re- (ii) Piping drainage. The circulation ceptor, or over the rim of a laundry pump must be accessibly located above tub. the crown weir of the trap. The pump 1 (ii) Standpipes must be either 1 ⁄2 drain line must be properly sloped to inch diameter minimum nominal iron drain the volute after fixture use. 1 pipe size, 1 ⁄2 inch diameter nominal (iii) Piping. Hydromassage bathtub brass tubing of not less than No. 20 circulation piping must be installed to Brown and Sharp gauge, or 11⁄2 inch di- be self-draining. ameter approved plastic materials. Re- (iv) Electrical. Wiring must comply ceptors must discharge into a vented with Articles 680.70, 680.71, and 680.72 of trap or must be connected to a laundry the National Electrical Code, NFPA tub appliance by means of an approved No. 70–2005. or listed directional fitting. Each standpipe must extend not less than 18 [40 FR 58752, Dec. 18, 1975, as amended at 42 inches or more than 42 inches above its FR 961, Jan. 4, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4586, trap and must terminate in an acces- Feb. 12, 1987; 58 FR 55014, Oct. 25, 1993; 70 FR sible location no lower than the top of 72049, Nov. 30, 2005; 71 FR 19639, Apr. 17, 2006; the clothes washing machine. A remov- 78 FR 73985, Dec. 9, 2013; 79 FR 31863, June 3, able, tight-fitting cap or plug must be 2014] installed on the standpipe when the clothes washer is not provided. § 3280.608 Hangers and supports. (iii) Clothes washing machine drain (a) Strains and stresses. Piping in a shall not be connected to the tailpiece, plumbing system shall be installed

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00109 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.609 24 CFR Ch. XX (4–1–19 Edition)

without undue strains and stresses, and ‘‘Fresh Water Connection’’ (or marked provision shall be made for expansion, ‘‘Fresh Water Fill’’). A matching cap or contraction, and structural settlement. plug shall be provided to seal the water (b) Piping supports. Piping shall be se- inlet when it is not in use, and shall be cured at sufficiently close intervals to permanently attached to the manufac- keep the pipe in alignment and carry tured home or water supply piping. the weight of the pipe and contents. When a master cold water shutoff full Unless otherwise stated in the stand- flow valve is not installed on the main ards for specific materials shown in the feeder line in an accessible location, table in § 3280.604(a), or unless specified the manufacturer’s installation in- by the pipe manufacturer, plastic structions shall indicate that such a drainage piping shall be supported at valve is to be installed in the water intervals not to exceed 4 feet and plas- supply line adjacent to the home. When tic water piping shall be supported at a manufactured home includes expand- intervals not to exceed 3 feet. able rooms or is composed of two or (c) Hangers and anchors. (1) Hangers more units, fittings or connectors de- and anchors shall be of sufficient signed for such purpose shall be pro- strength to support their proportional vided to connect any water piping. share of the pipe alignments and pre- When not connected, the water piping vent rattling. shall be protected by means of match- (2) Piping shall be securely attached ing threaded caps or plugs. to the structure by hangers, clamps, or (2) Prohibited connections. (i) The in- brackets which provide protection stallation of potable water supply pip- against motion, vibration, road shock, ing or fixture or appliance connections or torque in the chassis. shall be made in a manner to preclude (3) Hangers and straps supporting the possibility of backflow. plastic pipe shall not compress, distort, (ii) No part of the water system shall cut or abrade the piping and shall be connected to any drainage or vent allow free movement of the pipe. piping. (3) Rim outlets. The outlets of faucets, § 3280.609 Water distribution systems. spouts, and similar devices shall be (a) Water supply—(1) Supply piping. spaced at least 1 inch above the flood Piping systems shall be sized to pro- level of the fixture. vide an adequate quantity of water to (4) Appliance connections. Water sup- each plumbing fixture at a flow rate plies connected to clothes washing or sufficient to keep the fixture in a clean dishwashing machines shall be pro- and sanitary condition without any tected by an approved or listed fixed danger of backflow or siphonage. (See air gap provided within the appliance table in § 3280.609(f)(1)). The manufac- by the manufacturer. turer shall include in his written in- (5) Flushometer valves or manually op- stallation instructions that the manu- erated flush valves. An approved or list- factured home has been designed for an ed vacuum breaker shall be installed inlet water pressure of 80 psi, and a and maintained in the water supply statement that when the manufactured line on the discharge side of a water home is to be installed in areas where closet flushometer valve or manually the water pressure exceeds 80 psi, a operated flush valve. Vacuum breakers pressure reducing valve should be in- shall have a minimum clearance of 6 stalled. inches above the flood level of the fix- (2) Hot water supply. Each manufacture to the critical level mark unless tured home equipped with a kitchen otherwise permitted in their approval. sink, and bathtub and/or shower shall (6) Flush tanks. Water closet flush be provided with a hot water supply tanks shall be equipped with an ap- system including a listed water heater. proved or listed anti-siphon ball cock (b) Water outlets and supply connec- which shall be installed and main- tions—(1) Water connection. Each manu- tained with its outlet or critical level factured home with a water distribu- mark not less than 1 inch above the tion system shall be equipped with a 3⁄4 full opening of the overflow pipe. inch threaded inlet connection. This (7) Hose bibbs. When provided, all ex- connection shall be tagged or marked terior hose bibbs and laundry sink hose

100

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00110 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.609

connections must be protected by a (i) Fittings for screw piping shall be listed nonremovable backflow preven- standard weight galvanized iron for tion device. This requirement is not ap- galvanized iron and steel pipe, and of plicable to hose connections provided brass for brass piping. They shall be infor automatic washing machines with stalled where required for change in di- built-in backflow prevention or water rection, reduction of size, or where heater drain valves. pipes are joined together. (8) Flushometer tanks. Flushometer (ii) Fittings for copper tubing shall tanks must be equipped with an ap- be cast brass or drawn copper (sweat- proved air gap or vacuum breaker as- soldered) or shall be approved or listed sembly that is located above the flood- fittings for the purpose intended. level rim above the fixture. (3) Prohibited material. Used piping (c) Water heater safety devices—(1) Re- materials shall not be permitted. Those lief valves. (i) All water heaters shall be pipe dopes, solder, fluxes, oils, solvents, installed with approved and listed fully chemicals, or other substances that are automatic valve or valves designed to toxic, corrosive, or otherwise detri- provide temperature and pressure re- mental to the water system shall not lief. be used. In addition, for those manufac- (ii) Any temperature relief valve or tured homes to be connected to a pub- combined pressure and temperature re- lic water system, all water piping shall lief valve installed for this purpose be lead-free (as defined in section shall have the temperature sensing ele- 109(c)(2) of the Safe Drinking Water ment immersed in the hottest water Act Amendments of 1986) with solders within the upper 6 inches of the tank. and flux containing not more than 0.2 It shall be set to start relieving at a percent lead and pipes and pipe fittings pressure of 150 psi or the rated working containing not more than 8.0 percent pressure of the tank whichever is lower lead. and at or below a water temperature of (e) Installation of piping—(1) Minimum 210 °F. requirement. All piping equipment, ap- (iii) Relief valves shall be provided with full-sized drains, with cross sec- purtenances, and devices shall be in- tional areas equivalent to that of the stalled in workmanlike manner and relief valve outlet, which shall be di- shall conform with the provisions and rected downward and discharge be- intent of this standard. neath the manufactured home. Drain (2) Screw pipe. Iron pipe-size brass or lines shall be of a material listed for galvanized iron or steel pipe fittings hot water distribution and shall drain shall be joined with approved or listed fully by gravity, shall not be trapped, standard pipe threads fully engaged in and shall not have their outlets thread- the fittings. Pipe ends shall be reamed ed, and the end of the drain shall be to the full bore of the pipe. Pipe-joint visible for inspection. compound shall be insoluble in water, (d) Materials—(1) Piping material. shall be nontoxic and shall be applied Water pipe shall be of standard weight to male threads only. brass, galvanized wrought iron, galva- (3) Solder fittings. Joints in copper nized steel, Type K, L or M copper tub- water tubes shall be made by the ap- ing, approved or listed plastic or other propriate use of approved cast brass or approved or listed material. wrought copper fittings, properly sol- (i) Plastic piping. All plastic water dered together. The surface to be sol- piping and fittings in manufactured dered shall be thoroughly cleaned homes must be listed for use with hot bright mechanically. The joints shall water. be properly fluxed and made with a sol- (ii) [Reserved] der that contains no more than 0.2 per- (2) Fittings. Appropriate fittings shall cent lead. be used for all changes in size and (4) Flared fittings. A flaring tool shall where pipes are joined. The material be used to shape the ends of flared tub- and design of fittings shall conform to ing to match the flare of fittings. the type of piping used. Special consid- (5) Plastic pipe and fittings. Plastic eration shall be given to prevent corro- pipe and fittings shall be joined by in- sion when dissimilar metals are joined. stallation methods recommended by

101

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00111 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.610 24 CFR Ch. XX (4–1–19 Edition)

the manufacturer or in accordance opening, through which the water with provisions of a listed standard. flows, at least equal to the cross-sec- (f) Size of water supply piping—(1) Min- tional area of the nominal size of the imum size. The size of water supply pip- pipe in which the valve is installed. ing and branch lines shall not be less [40 FR 58752, Dec. 18, 1975. Redesignated at 44 than sizes shown in the following table: FR 20679, Apr. 6, 1979, as amended at 52 FR 4586, Feb. 12, 1987; 53 FR 23611, June 23, 1988; MINIMUM SIZE TUBING AND PIPE FOR WATER 58 FR 55014, Oct. 25, 1993; 78 FR 73986, Dec. 9, DISTRIBUTION SYSTEMS 2013] Tubing (nominal) Pipe iron § 3280.610 Drainage systems. Number of fixtures Outer di- pipe size Diameter ameter (inches) (a) General. (1) Each fixture directly (inches) (inches) connected to the drainage system shall be installed with a water seal trap 1 ...... *1⁄4 3⁄8 1⁄2 2 ...... 3⁄8 1⁄2 1⁄2 (§ 3280.606(a)). 3 ...... 1⁄2 5⁄8 1⁄2 (2) The drainage system shall be de- 4 ...... 1⁄2 5⁄8 1⁄2 signed to provide an adequate circula- 5 or more ...... 3⁄4 7⁄8 3⁄4 tion of air in all piping with no danger *6 ft maximum length. of siphonage, aspiration, or forcing of Exceptions to table: 3⁄8 inch nominal di- trap seals under conditions of ordinary ameter or 1⁄2 inch OD minimum size for use. clothes washing or dishwashing ma- (b) Materials—(1) Pipe. Drainage pip- chines, unless larger size is rec- ing must be standard weight galvanized ommended by the fixture manufac- steel, brass, copper tube DWV, listed turer. 1⁄2 inch nominal diameter or 5⁄8 Scheduled 40 ABS plastic, listed Sched- inch OD minimum size for flushometer uled 40 PVC plastic, cast iron, or other or metering type valves unless other- listed or approved materials. wise specified in their listing. No gal- (2) Fittings. Drainage fittings shall be vanized screw piping shall be less than recessed drainage pattern with smooth 1⁄2 inch iron pipe size. interior waterways of the same diame- (2) Sizing procedure. Both hot and cold ter as the piping and shall be of a ma- water piping systems shall be com- terial conforming to the type of piping puted by the following method: used. Drainage fittings shall be de- (i) Size of branch. Start at the most signed to provide for a 1⁄4 inch per foot remote outlet on any branch of the hot grade in horizontal piping. or cold water piping and progressively (i) Fittings for screw pipe shall be count towards the water service con- cast iron, malleable iron, brass, or list- nection, computing the total number of ed plastic with standard pipe threads. fixtures supplied along each section of (ii) Fittings for copper tubing shall piping. Where branches are joined to- be cast brass or wrought copper. gether, the number of fixtures on each (iii) Socket-type fittings for plastic branch shall be totalled so that no fix- piping shall comply with listed stand- ture is counted twice. Following down ards. the left-hand column of the preceding (iv) Brass or bronze adaptor or table a corresponding number of fix- wrought copper fittings shall be used tures will be found. The required pipe to join copper tubing to threaded pipe. or tubing size is indicated in the other (c) Drain outlets. (1) Each manufac- columns on the same line. tured home shall have only one drain (ii) A water heater, food waste dis- outlet. posal unit, evaporative cooler or ice (2) Clearance from drain outlet. The maker shall not be counted as a water- drain outlet shall be provided with a using fixture when computing pipe minimum clearance of 3 inches in any sizes. direction from all parts of the struc- (g) Line valves. Valves, when installed ture or appurtenances and with not in the water supply distribution sys- less than 18 inches unrestricted clear- tem (except those immediately con- ance directly in front of the drain out- trolling one fixture supply) and when let. fully opened, shall have a cross-sec- (3) Drain connector. The drain con- tional area of the smallest orifice or nector shall not be smaller than the

102

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00112 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.610

piping to which it is connected and horizontal except for wet-vented shall be equipped with a water-tight vertical risers which shall terminate cap or plug matching the drain outlet. with a 11⁄2 inch minimum diameter con- The cap or plug shall be permanently tinuous vent. Where required by struc- attached to the manufactured home or tural design, wet-vented drain piping drain outlet. may be offset vertically when other (4) The drain outlet and drain con- vented fixture drains or relief vents are nector shall not be less than 3 inches connected to the drain piping at or inside diameter. below the vertical offsets. (5) Preassembly of drain lines. Sec- (2) Size. A wet-vented drain pipe shall tion(s) of the drain system, designed to be 2 inches minimum diameter and at be located underneath the home, are least one pipe size larger than the larg- not required to be factory installed est connected trap or fixture drain. Not when the manufacturer designs the more than three fixtures may connect system for site assembly and also pro- to a 2-inch diameter wet-vented drain vides all materials and components, in- system. cluding piping, fittings, cement, sup- (3) Length of trap arm. Fixture traps ports, and instructions necessary for shall be located within the distance proper site installation. given in § 3280.611(c)(5). Not more than (d) Fixture connections. Drainage pip- one trap shall connect to a trap arm. ing shall be provided with approved or (g) Offsets and branch fittings—(1) listed inlet fittings for fixture connec- Changes in direction. Changes in direc- tions, correctly located according to tion of drainage piping shall be made the size and type of fixture to be con- by the appropriate use of approved or nected. listed fittings, and shall be of the fol- (1) Water closet connection. The drain lowing angles: 111⁄4, 221⁄2, 45, 60, or 90 de- connection for each water closet shall grees; or other approved or listed fit- be 3 inches minimum inside diameter tings or combinations of fittings with and shall be fitted with an iron, brass, equivalent radius or sweep. or listed plastic floor flange adaptor (2) Horizontal to vertical. Horizontal ring securely screwed, soldered or oth- drainage lines, connecting with a erwise permanently attached to the vertical pipe shall enter through 45-de- drain piping, in an approved manner gree ‘‘Y’’ branches, 60-degree ‘‘Y’’ and securely fastened to the floor. branches, long-turn ‘‘TY’’ branches, (2) [Reserved] sanitary ‘‘T’’ branches, or other ap- (e) Size of drainage piping. Fixture proved or listed fittings or combination drains must be sized as follows: of fittings having equivalent sweep. (1) Fixture drains serving a single Fittings having more than one branch lavatory must be a minimum of 11⁄4 at the same level shall not be used, un- inches in diameter. less the fitting is constructed so that (2) Fixture drains serving two or the discharge from any one branch can- three fixtures must be a minimum of not readily enter any other branch. 11⁄2 inches in diameter. However, a double sanitary ‘‘T’’ may be (3) Fixture drains serving four or used when the drain line is increased more fixtures that are individually not less than two pipe sizes. vented must be a minimum of 2 inches (3) Horizontal to horizontal and vertical in diameter. to horizontal. Horizontal drainage lines (4) Fixture drains for water closets connecting with other horizontal must be a minimum of 3 inches in di- drainage lines or vertical drainage ameter. lines connected with horizontal drain- (f) Wet-vented drainage system. Plumb- age lines shall enter through 45-degree ing fixture traps may connect into a ‘‘Y’’ branches, long-turn ‘‘TY’’ wet-vented drainage system which branches, or other approved or listed shall be designed and installed to ac- fittings or combination of fittings hav- commodate the passage of air and ing equivalent sweep. waste in the same pipe. (h) Grade of horizontal drainage piping. (1) Horizontal piping. All parts of a Except for fixture connections on the wet-vented drainage system, including inlet side of the trap, horizontal drain- the connected fixture drains, shall be age piping shall be run in practical

103

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00113 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.611 24 CFR Ch. XX (4–1–19 Edition)

alignment and have a uniform grade of to the toilet drain by one of the fol- not less than 1⁄4 inch per foot toward lowing methods: the manufactured home drain outlet. (i) A 11⁄2 inch diameter (min.) indi- Where it is impractical, due to the vidual vent pipe or equivalent directly structural features or arrangement of connected to the toilet drain within any manufactured home, to obtain a the distance allowed in § 3280.611(c)(5), grade of 1⁄4 inch per foot, the pipe or for 3-inch trap arms undiminished in piping may have a grade of not less size through the roof, 1 than 1⁄8 inch per foot, when a full size (ii) A 1 ⁄2 inch diameter (min.) contin- cleanout is installed at the upper end. uous vent or equivalent, indirectly connected to the toilet drain piping within [40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR the distance allowed in § 3280.611(c)(5) 4586, Feb. 12, 1987; 58 FR 55015, Oct. 25, 1993; for 3 inch trap arms through a 2-inch 78 FR 73986, Dec. 9, 2013] wet vented drain that carries the waste of not more than one fixture, or, § 3280.611 Vents and venting. (iii) Two or more vented drains when (a) General. Each plumbing fixture at least one is wet-vented, or 2-inch di- trap shall be protected against siphon- ameter (minimum), and each drain is age and back pressure, and air circula- separately connected to the toilet tion shall be ensured throughout all drain. At least one of the drains shall parts of the drainage system by means connect within the distance allowed in of vents installed in accordance with § 3280.611(c)(5) for 3-inch trap arms. the requirements of this section and as (2) Vent pipe areas. Each individually otherwise required by this standard. vented fixture with a 11⁄2 inch or small- (b) Materials—(1) Pipe. Vent piping er trap shall be provided with a vent must be standard weight galvanized pipe equivalent in area to a 11⁄4 inch steel, brass, copper tube DWV, listed nominal pipe size. The main vent, toi- Scheduled 40 ABS plastic, listed Sched- let vent and relief vent, and the contin- uled 40 PVC plastic, cast iron, or other uous vent of wet-vented systems shall listed or approved materials. have an area equivalent to 11⁄2 inch (2) Fittings. Appropriate fittings shall nominal pipe size. be used for all changes in direction or (3) Common vent. When two fixture size and where pipes are joined. The traps located within the distance al- material and design of vent fittings lowed from their vent have their trap shall conform to the type of piping arms connected separately at the same used. level into an approved double fitting, (i) Fittings for screw pipe shall be an individual vent pipe may serve as a cast iron, malleable iron, plastic, or common vent without any increase in brass, with standard pipe threads. size. (ii) Fittings for copper tubing shall (4) Intersecting vents. Where two or be cast brass or wrought copper. more vent pipes are joined together, no (iii) Fittings for plastic piping shall increase in size shall be required; how- be made to approved applicable stand- ever, the largest vent pipe shall extend ards. full size through the roof. (iv) Brass adaptor fittings or wrought (5) Distance of fixture trap from vent copper shall be used to join copper tub- shall not exceed the values given in the ing to threaded pipe. following table: (v) Listed rectangular tubing may be used for vent piping only providing it MAXIMUM DISTANCE OF FIXTURES FROM VENT has an open cross section at least equal TRAP to the circular vent pipe required. List- Size of fixture drain (inches) Distance trap to vent ed transition fittings shall be used. (c) Size of vent piping—(1) Main vent. 11⁄4 ...... 4 ft. 6 in. 11⁄2 ...... 4 ft 6 in. The drain piping for each toilet shall 2 ...... 5 ft. be vented by a 11⁄2 inch minimum di- 3 ...... 6 ft. ameter vent or rectangular vent of venting cross section equivalent to or (d) Mechanical Vents. Where mechan- greater than the venting cross section ical vents are used as a secondary vent of a 11⁄2 inch diameter vent, connected system for plumbing fixtures that are

104

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00114 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.611

protected by traps, the mechanical terminates outside the manufactured vents must comply with paragraphs home. (d)(1) or (2) of this section. (ii) Where gravity-operated mechan- (1) Spring-operated mechanical (anti- ical vent devices terminate in the attic siphon) vents must comply with the cavity, the following requirements following: must be met: (i) No more than two fixtures individ- (A) The attic cavity must be acces- ually protected by the spring-operated sible; mechanical vent may be drained by a (B) The sealing device must be in- common 11⁄2 inch diameter drain. stalled a minimum of 6 inches above (ii) The drain size for three or more the insulation materials; and fixtures individually protected by a (C) The attic must be vented in ac- spring-operated mechanical vent must cordance with § 3280.504(c)(1)(i); be at least 2 inches in diameter. (3) Mechanical vents must be in- (iii) Spring-operated mechanical stalled in accordance with the vent vents are restricted to venting fixtures manufacturer’s instructions. with 11⁄2 inch traps. (e) Grade and connections—(1) Hori- (iv) A spring-operated mechanical zontal vents. Each vent shall extend vent must be installed in a location vertically from its fixture ‘‘T’’ or point that allows a free flow of air and is ac- of connection with the waste piping to cessible for inspection, maintenance, a point not less than 6 inches above the and replacement. The sealing function extreme flood level of the fixture it is must be at least 6 inches above the top venting before offsetting horizontally of the trap arm. or being connected with any other vent (v) Materials for the spring-operated pipe. Vents for horizontal drains shall mechanical vents must be as follows: connect above the centerline of the (A) Cap and housing must be listed drain piping ahead (downstream) of the acrylonitrile-butadiene-styrene, DWV trap. Where required by structural con- grade; ditions, vent piping may offset below (B) Stem must be DWV grade nylon the rim of the fixture at the maximum or acetal; angle or height possible. (C) Spring must be stainless steel (f) Vent terminal. Vents must termi- wire, Type 302; and nate through the roof or wall, or to a (D) Sealing disc must be either: mechanical vent device in accordance (1) Neoprene, conforming to CISPI– with paragraph (d) of this section. HSN–85, Specification for Neoprene (1) Roof extension. Each vent pipe Rubber Gaskets for HUB and Spigot must extend through its flashing and Cast Iron Soil Pipe and Fittings (incor- terminate vertically. Vents that ex- porated by reference, see § 3280.4), and tend through the roof must extend to ASTM C564–97, Standard Specifica- undiminished in size, not less than 2 tion for Rubber Gaskets for Cast Iron inches above the roof. Vent openings Soil Pipe and Fittings (incorporated by must be at least 3 feet away from any reference, see § 3280.4); or motor-driven air intake that opens (2) Other material, conforming to into any habitable area. ASTM C920–02, Standard Specification (2) Wall extensions. Extensions for Elastomeric Joint Sealants (incor- through exterior walls must terminate porated by reference, see § 3280.4), and downward, have a screen to prevent en- to ASTM D4635–01, Standard Specifica- trance of birds and rodents, and be lo- tion for Polyethylene Films Made from cated as follows: Low-Density Polyethylene for General (i) Extensions must not be located Use and Packaging Applications (incor- beneath a door, window, or other open- porated by reference, see § 3280.4). ing; (2) Gravity-operated mechanical (air (ii) Extensions must be a minimum of admittance valves) vents must comply 10 feet above the finished floor; with the following: (iii) Extensions must be located a (i) Where installed to vent any fix- minimum of 2 feet above any building ture, the drain system must have a opening that is within 10 feet hori- minimum 11⁄2 inch diameter vent that zontally of any extension; and

105

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00115 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.612 24 CFR Ch. XX (4–1–19 Edition)

(iv) Extensions must not terminate be unplugged and emptied. The waste under an overhang with soffit vents. piping above the level of the water (3) Flashing. The opening around each closet bowl shall then be tested and vent pipe shall be made watertight by show no indication of leakage when the an adequate flashing or flashing mate- high fixtures are filled with water and rial. emptied simultaneously to obtain the (g) Vent caps. Vent caps, if provided, maximum possible flow in the drain shall be of the removable type (without piping. removing the flashing from the roof). (c) Fixture test. The plumbing fixtures When vent caps are used for roof space and connections shall be subjected to a ventilation and the caps are identical flow test by filling them with water to vent caps used for the plumbing sys- and checking for leaks and retarded tem, plumbing system caps shall be flow while they are being emptied. identified with permanent markings. (d) Shower compartments. Shower com- [40 FR 58752, Dec. 18, 1975, as amended at 42 partments and receptors shall be tested FR 961, Jan. 4, 1977. Redesignated at 44 FR for leaks prior to being covered by fin- 20679, Apr. 6, 1979, as amended at 58 FR 55015, ish material. Each pan shall be filled Oct. 25, 1993; 78 FR 73986, Dec. 9, 2013] with water to the top of the dam for not less than 15 minutes without evi- § 3280.612 Tests and inspection. dence of leakage. (a) Water system. All water piping in [40 FR 58752, Dec. 18, 1975, as amended at 42 the water distribution system shall be FR 961, Jan. 4, 1977; 42 FR 54383, Oct. 5, 1977. subjected to a pressure test. The test Redesignated at 44 FR 20679, Apr. 6, 1979, as shall be made by subjecting the system amended at 58 FR 55015, Oct. 25, 1993] to air or water at 100 psi for 15 minutes without loss of pressure. Subpart H—Heating, Cooling and (b) Drainage and vent system and plumbing fixtures. The waste and vent Fuel Burning Systems system shall be tested by one of the § 3280.701 Scope. three following alternate methods for evidence or indication of leakage: Subpart H of this standard covers the (1) Water test. Before plumbing fix- heating, cooling and fuel burning tures are connected, all of the openings equipment installed within, on, or ex- into the piping shall be plugged and the ternal to a manufactured home. entire piping system subjected to a static water test for 15 minutes by fill- § 3280.702 Definitions. ing it with water to the top of the The definitions in this subpart apply highest vent opening. There shall be no to subpart H only. evidence of leakage. Accessible, when applied to a fixture, (2) Air test. After all fixtures have connection, appliance or equipment, been installed, the traps filled with means having access thereto, but water, and the remaining openings se- which may require the removal of an curely plugged, the entire system shall access panel, door or similar obstruc- be subjected to a 2-inch (manometer) tion. water column air pressure test. If the Air conditioner blower coil system system loses pressure, leaks may be lo- means a comfort cooling appliance cated with smoke pumped into the sys- where the condenser section is placed tem, or with soap suds spread on the external to the manufactured home exterior of the piping (Bubble test). and evaporator section with circu- (3) Flood level test. The manufactured lating blower attached to the manufac- home shall be in a level position, all tured home air supply duct system. fixtures shall be connected, and the en- Provision must be made for a return tire system shall be filled with water air system to the evaporator/blower to the rim of the water closet bowl. section. Refrigerant connection be- (Tub and shower drains shall be tween the two parts of the system is plugged). After all trapped air has been accomplished by tubing. released, the test shall be sustained for Air conditioner split system means a not less than 15 minutes without evi- comfort cooling appliance where the dence of leaks. Then the system shall condenser section is placed external to

106

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00116 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.702

the manufactured home and the evapo- progressive combustion and a smoke rator section incorporated into the developed rating of not over 50 when heating appliance or with a separate tested in accordance with UL 181–2003, blower/coil section within the manu- Standard for Safety Factory-Made Air factured home. Refrigerant connection Ducts and Air Connectors (incor- between the two parts of the system is porated by reference, see § 3280.4). accomplished by tubing. Clearance means the distance be- Air conditioning condenser section tween the appliance, chimney, vent, means that portion of a refrigerated air chimney or vent connector or plenum cooling or (in the case of a heat pump) and the nearest surface. heating system which includes the re- Combination space heating and water frigerant pump (compressor) and the heating appliance means a listed unit external heat exchanger. that is designed to provide space heat- Air conditioning evaporator section ing and water heating from a single means a heat exchanger used to cool or primary energy source. (in the case of a heat pump) heat air Connector-Gas appliance: means a for use in comfort cooling (or heating) flexible or semi-rigid connector used to the living space. convey fuel gas between a gas outlet Air conditioning self contained system and a gas appliance. means a comfort cooling appliance Direct-vent system means a system or combining the condenser section, evap- method of construction where all air orator and air circulating blower into for combustion is derived directly from one unit with connecting ducts for the the outside atmosphere and all flue supply and return air systems. gases are discharged to the outside at- Air duct means conduits or passage- mosphere. ways for conveying air to or from heat- Direct-vent system appliance means an ing, cooling, air conditioning or ven- appliance that is installed with a direct tilation equipment, but not including vent system. the plenum. Automatic pump (oil lifter) means a External combination heating/cooling pump, not an integral part of the oil- system means a comfort conditioning burning appliance, that automatically system placed external to the manufac- pumps oil from the supply tank and de- tured home with connecting ducts to livers the oil under a constant head to the manufactured home for the supply an oil-burning appliance. and return air systems. Btu. British thermal units means the Factory-built fireplace means a hearth, quantity of heat required to raise the fire chamber and chimney assembly temperature of one pound of water one composed of listed factory-built com- degree Fahrenheit. ponents assembled in accordance with Btuh means British thermal units per the terms of listing to form a complete hour. fireplace. Burner means a device for the final Fireplace stove means a chimney con- conveyance of fuel or a mixture of fuel nected solid fuel-burning stove having and air to the combustion zone. part of its fire chamber open to the Central air conditioning system means room. either an air conditioning split system Fuel gas piping system means the ar- or an external combination heating/ rangement of piping, tubing, fittings, cooling system. connectors, valves and devices designed Class 0 air ducts and air connectors and intended to supply or control the means air ducts and air connectors flow of fuel gas to the appliance(s). having a fire hazard classification of Fuel oil piping system means the ar- zero when tested in accordance with rangement of piping, tubing, fittings, UL 181–2003, Factory-Made Air Ducts connectors, valves and devices designed and Air Connectors (incorporated by and intended to supply or control the reference, see § 3280.4). flow of fuel oil to the appliance(s). Class 1 air ducts and air connectors Gas clothes dryer means a device used means air ducts and air connectors to dry wet laundry by means of heat having a flame spread rating of not derived from the combustion of fuel over 25 without evidence of continued gases.

107

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00117 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.703 24 CFR Ch. XX (4–1–19 Edition)

Gas refrigerator means a gas-burning Readily accessible means direct access appliance which is designed to extract without the necessity of removing any heat from a suitable chamber. panel, door, or similar obstruction. Gas supply connection means the ter- Roof jack means that portion of a minal end or connection to which a gas manufactured home heater flue or vent supply connector is attached. assembly, including the cap, insulating Gas supply connector, manufactured means, flashing, and ceiling plate, lo- home means a listed flexible connector cated in and above the roof of a manu- designed for connecting the manufac- factured home. tured home to the gas supply source. Sealed combustion system appliance Gas vents means factory-built vent means an appliance which by its inher- piping and vent fittings listed by an ap- ent design is constructed so that all air proved testing agency, that are assem- supplied for combustion, the combus- bled and used in accordance with the tion system of the appliance, and all terms of their listings, for conveying products of combustion are completely flue gases to the outside atmosphere. isolated from the atmosphere of the space in which it is installed. (1) Type B gas vent means a gas vent Water heater means an appliance for for venting gas appliances with draft heating water for domestic purposes. hoods and other gas appliances listed for use with Type B gas vents. [40 FR 58752, Dec. 18, 1975. Redesignated at 44 (2) Type BW gas vent means a gas vent FR 20679, Apr. 6, 1979, as amended at 52 FR for venting listed gas-fired vented wall 4586, Feb. 12, 1987; 58 FR 55015, Oct. 25, 1993; 78 FR 73987, Dec. 9, 2013] furnaces. Heat producing appliance means all § 3280.703 Minimum standards. heating and cooking appliances and Heating, cooling and fuel burning ap- fuel burning appliances. pliances and systems in manufactured Heating appliance means an appliance homes shall be free of defects, and shall for comfort heating, domestic water conform to applicable standards in the heating, or a combination of comfort following table unless otherwise speci- heating and domestic water heating. fied in this standard. (See § 3280.4) Liquefied petroleum gases. The terms When more than one standard is ref- Liquefied petroleum gases, LPG and LP- erenced, compliance with any one such Gas as used in this standard shall mean standard shall meet the requirements and include any material which is com- of this standard. posed predominantly of any of the following hydrocarbons, or mixtures of APPLIANCES them: propane, propylene butanes (nor- Heating and Cooling Equipment, Second Edi- mal butane or isobutane), and tion, with 1999 revisions—UL 1995, 1995. butylenes. Liquid Fuel-Burning Heating Appliances for Plenum means an air compartment Manufactured Homes and Recreational Ve- which is part of an air-distributing sys- hicles, Seventh Edition, with 1997 revisions—UL 307A–1995. tem, to which one or more ducts or Fixed and Location-Dedicated Electric Room outlets are connected. Heaters, Second Edition, with 1998 revi- (1) Furnace supply plenum is a ple- sions—UL 2021–1997. num attached directly to, or an inte- Electric Baseboard Heating Equipment, gral part of, the air supply outlet of Fourth Edition, with 1998 revisions—UL the furnace. 1042–1994. Electric Central Air Heating Equipment—UL (2) Furnace return plenum is a ple- 1096-Fourth Edition-1986 with revisions num attached directly to, or an inte- July 16, 1986, and January 30, 1988. gral part of, the return inlet of the fur- Gas Burning Heating Appliances for Manu- nace. factured Homes and Recreational Vehicles, Quick-disconnect device means a hand- Fourth Edition, with 1998 revisions—UL operated device which provides a 307B–1995. means for connecting and dis- Gas Clothes Dryers Volume 1, Type 1 Clothes Dryers—ANSI Z21.5.1–/CSA 7.1–M99—1999 connecting a gas supply or connecting with Addendum Z21.5.1a–1999. gas systems and which is equipped with Gas Fired Absorption Summer Air Condi- an automatic means to shut off the gas tioning Appliances—ANSI Z21.40.1/CGA supply when the device is disconnected. 2.91–M961996.

108

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00118 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.705

Gas-Fired Central Furnaces (Except Direct Tube Fittings for Flammable and Combus- Vent System Central Furnaces)—ANSI tible Fluids, Refrigeration Service, and Z21.47–1990 with Addendum Z21.47a–1990 and Marine Use, Sixth Edition—UL 109–1997, Z21.47b–1992. with 2001 revisions. Decorative Gas Appliances for Installation Pigtails and Flexible Hose Connectors for in Solid Fuel Burning Fireplaces—RADCO LP-Gas, Seventh Edition—UL 569, 1995 with DS–010–91 (incorporated by reference, see 2001 revisions. § 3280.4). Roof Jacks for Manufactured Homes and Household Cooking Gas Appliances—ANSI Recreational Vehicles, Eighth Edition—UL Z21.1–2000. 311, 1994, with 1998 revisions. Refrigerators Using Gas Fuel—ANSI Z21.19– Relief Valves for Hot Water Supply Sys- 1990, with Addendum ANSI Z21.19a–1992 and tems, ANSI Z21.22–1999, (incorporated by ref- Z21.19b–1995. erence, see § 3280.4). Gas Water Heaters—Volume 1, Storage Automatic Gas Ignition Systems and Compo- Water Heaters with Input Ratings of 75,000 nents—ANSI Z21.20 with Addendum BTU per hour or Less—ANSI Z21.10.1–1998 Z21.20a–2000. with Addendum Z21.10.1a–2000. Automatic Valves for Gas Appliances—ANSI Household Electric Storage Tank Water Z21.21/CSA 6.5–2000. Heaters, Tenth Edition—UL 174–1996, with Gas Appliance Thermostats—ANSI Z21.23– 1997 revisions. 93 (incorporated by reference, see § 3280.4). Gas Vents, Ninth Edition—UL 441, 1996 with FERROUS PIPE AND FITTINGS 1999 revisions. Standard Specification for Pipe, Steel, Black Standard for the Installation of Oil-Burn- and Hot-Dipped, Zinc-Coated, Welded and ing Equipment, NFPA 31–01 (incorporated by Seamless—ASTM A53–93. reference, see § 3280.4). Standard Specification for Electric-Resist- National Fuel Gas Code—NFPA 54–2002/ANSI ance-Welded Coiled Steel Tubing for Gas Z223.1–2002. and Fuel Oil Lines—ASTM A539–1999. Warm Air Heating and Air Conditioning Sys- Pipe Threads, General Purpose (Inch)—ANSI/ tems, NFPA 90B, 1996 Edition. ASME B1.20.1–1983. Liquefied Petroleum Gas Code, NFPA 58–2001 Welding and Seamless Wrought Steel Pipe— Edition. ANSI/ASME B36.10–1979. Flares for Tubing—SAE–J533b–1992. Factory-Built Chimneys for Residential NONFERROUS PIPE, TUBING, AND FITTINGS Type and Building Heating Appliances, Ninth Edition—UL 103, 1995, with 1999 revi- Standard Specification for Seamless Copper sions. Water Tube—ASTM B88–93. Factory-Built Fireplaces, Seventh Edition— Standard Specification for Seamless Cop- UL 127–1996, with 1999 revisions. per Tube for Air Conditioning and Refrigera- Solid-Fuel Type Room Heaters, Fifth Edi- tion Field Service—ASTM B280–95a. tion—UL 1482, 1995, with 2000 revisions. Connectors for Gas Appliances—ANSI Z21.24/ Fireplace Stoves, Eight Edition, with 2000 re- CGA 6.10–M97–1997. visions—UL 737, 1996. Manually Operated Gas Valves for Appli- Unitary Air-Conditioning and Air-Source ances, Appliance Connector Valves and Heat Pump Equipment—ANSI/ARI 210/240– Hose End Valves—ANSI Z21.15/CGA 9.1– 89. M97–1997. AGA Requirements for Gas Connectors for Standard for Gas Supply Connectors for Connection of Fixed Appliances for Out- Manufactured Homes—IAPMO TSC 9–1997. door Installation, Park Trailers, and Man- Standard Specification for General Require- ufactured (Mobile) Homes to the Gas Sup- ments for Wrought Seamless Copper and ply—No. 3–87. Copper-Alloy Tubes—ASTM B251–93. Standard Specification for Seamless Copper [58 FR 55015, Oct. 25, 1993, as amended at 70 Pipe, Standard Sizes—ASTM B42–93. FR 72046, Nov. 30, 2005; 78 FR 73987, Dec. 9, 2013] MISCELLANEOUS Factory-Made Air Ducts and Air Connec- § 3280.704 [Reserved] tors, UL 181, Ninth Edition, April 4, 1996, with revisions through May 15, 2003 (incor- § 3280.705 Gas piping systems. porated by reference, see § 3280.4). (a) General. The requirements of this Standard for Safety Closure Systems for use section shall govern the installation of with Rigid Air Ducts and Air Connectors, all fuel gas piping attached to any UL 181A, 1994, with 1998 revisions. Standard for Safety Closure Systems for use manufactured home. The gas piping with Flexible Air Ducts and Air Connec- supply system shall be designed for a tors, First Edition—UL 181B, 1995, with pressure not exceeding 14 inch water 1998 revisions. column (1⁄2 psi) and not less than 7 inch

109

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00119 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.705 24 CFR Ch. XX (4–1–19 Edition)

water column (1⁄4 psi). The manufac- stalled in accordance with ANSI/IAS turer shall indicate in his written in- LC–1–1997, Fuel Gas Piping Systems stallation instructions the design pres- Using Corrugated Stainless Steel Tub- sure limitations for safe and effective ing (CSST) (incorporated by reference, operation of the gas piping system. see § 3280.4), and the requirements of None of the requirements listed in this this section. section shall apply to the piping sup- (c) Piping design. Each manufactured plied as a part of an appliance. All ex- home requiring fuel gas for any pur- terior openings around piping, ducts, pose shall be equipped with a natural plenums or vents shall be sealed to re- gas piping system acceptable for LP- sist the entrance of rodents. gas. Where fuel gas piping is to be in- (b) Materials. All materials used for stalled in more than one section of an the installation, extension, alteration, expandable or multiple unit home, the or repair of any gas piping system shall design and construction of the cross- be new and free from defects or inter- over(s) shall be as follows: nal obstructions. It shall not be per- (1) All points of crossover shall be missible to repair defects in gas piping readily accessible from the exterior of or fittings. Inferior or defective mate- the home. rials shall be removed and replaced (2) The connection(s) between units with acceptable material. The system must be made with a connector(s) list- shall be made of materials having a ed for exterior use or direct plumbing melting point of not less than 1,450 F, sized in accordance with § 3280.705(d). A except as provided in § 3280.705(e). They shutoff valve of the non-displaceable shall consist of one or more of the ma- rotor type conforming to ANSI Z21.15– terials described in § 3280.705(b) (1) 1997, Manually Operated Gas Valves for through (4). Appliances, Appliances Connector (1) Steel or wrought-iron pipe shall Valves, and Hose End Valves, suitable comply with ANSI Standard B36.10– for outdoor use must be installed at 1979, Welded and Seamless Wrought each crossover point upstream of the Steel Pipe. Threaded brass pipe in iron pipe sizes may be used. Threaded brass connection. pipe shall comply with ASTM B43–91, (3) The connection(s) may be made by Standard Specification for Seamless a listed quick disconnect device which Red Brass Pipe, Standard Sizes. shall be designed to provide a positive (2) Fittings for gas piping shall be seal of the supply side of the gas sys- wrought iron, malleable iron, steel, or tem when such device is separated. brass (containing not more than 75 per- (4) The flexible connector, direct cent copper). plumbing pipe, or ‘‘quick disconnect’’ (3) Copper tubing must be annealed device shall be provided with protec- type, Grade K or L, conforming to the tion from mechanical and impact dam- Standard Specification for Seamless age and located to minimize the possi- Copper Water Tube, ASTM B88–93, or bility of tampering. must comply with the Standard Speci- (5) For gas line cross over connec- fication for Seamless Copper Tube for tions made with either hard pipe or Air Conditioning and Refrigeration flexible connectors, the crossover Service, ASTM B280–1995. Copper tub- point(s) shall be capped on the supply ing must be internally tinned. side to provide a positive seal and cov- (4) Steel tubing must have a min- ered on the other side with a suitable imum wall thickness of 0.032 inch for protective covering. tubing of 1⁄2 inch diameter and smaller (6) Suitable protective coverings for and 0.049 inch for diameters 1⁄2 inch and the connection device(s) when sepa- larger. Steel tubing must be in accord- rated, shall be permanently attached ance with ASTM Standard Specifica- to the device or flexible connector. tion for Electric-Resistance-Welded (7) When a quick disconnect device is Coiled Steel Tubing for Gas and Fuel installed, a 3 inch by 13⁄4 inch minimum Oil Lines, ASTM A539–1999, and must size tag made of etched, metal-stamped be externally corrosion protected. or embossed brass, stainless steel, an- (5) Corrugated stainless steel tubing odized or alcalde aluminum not less (CSST) systems must be listed and in- than 0.020 inch thick or other approved

110

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00120 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.705

material (e.g., 0.005 inch plastic lami- any gas supply connection, when all nates) shall be permanently attached appliances are in operation at max- on the exterior wall adjacent to the ac- imum capacity, is not more than 0.5 cess to the ‘‘quick disconnect’’ device. inch water column as determined on Each tag shall be legibly inscribed with the basis of test, or in accordance with the following information using letters table 3280.705(d). When determining gas no smaller than 1⁄4 inch high: pipe sizing in the table, gas shall be assumed to have a specific gravity of 0.65 Do Not Use Tools To Separate the ‘‘Quick- and rated at 1000 B.T.U. per cubic foot. Disconnect’’ Device The natural gas supply connection(s) (d) Gas pipe sizing. Gas piping systems shall be not less than the size of the shall be sized so that the pressure drop gas piping but shall be not smaller to any appliance inlet connection from than 3⁄4 inch nominal pipe size.

TABLE TO PARAGRAPH (d)—MAXIMUM CAPACITY OF DIFFERENT SIZES OF PIPE AND TUBING IN THOU- SANDS OF BTU/HR OF NATURAL GAS FOR GAS PRESSURES OF 0.5 PSIG OR LESS, AND A MAXIMUM PRESSURE DROP OF 1⁄2 IN. WATER COLUMN

ID (in.) 10 ft 20 ft 30 ft 40 ft 50 ft 60 ft 70 ft 80 ft 90 ft 100 ft

Iron Pipe Sizes—Length

1⁄4 ...... 43 29 24 20 18 16 15 14 13 12 3⁄8 ...... 95 65 52 45 40 36 33 31 29 27 1⁄2 ...... 175 120 97 82 73 66 61 57 53 50 3⁄4 ...... 360 250 200 170 151 138 125 118 110 103 1 ...... 680 465 375 320 285 260 240 220 215 195

EHD 2 ID (in.) 10 ft 20 ft 30 ft 40 ft 50 ft 60 ft 70 ft 80 ft 90 ft 100 ft

Corrugated Stainless Steel Tubing—Length 1

13 ...... 3⁄8 31 21 17 14 13 12 11 10 10 9 15 ...... 3⁄8 42 30 24 20 18 16 15 14 13 12 18 ...... 1⁄2 79 56 45 39 36 33 30 28 27 25 19 ...... 1⁄2 91 64 52 45 40 36 35 32 31 29 23 ...... 3⁄4 155 111 92 80 72 65 60 58 55 52 25 ...... 3⁄4 184 132 108 93 84 77 71 66 62 60 30 ...... 1 317 222 180 156 138 126 116 108 103 97 31 ...... 1 368 258 209 180 161 147 135 127 120 113 37 ...... 11⁄4 598 426 350 304 273 250 231 217 205 195

OD (in.) 10 ft 20 ft 30 ft 40 ft 50 ft 60 ft 70 ft 80 ft 90 ft 100 ft

Copper Tubing—Length

1⁄4 ...... 27 18 15 13 11 10 9 9 8 8 3⁄8 ...... 56 38 31 26 23 21 19 18 17 16 1⁄2 ...... 113 78 62 53 47 43 39 37 34 33 3⁄4 ...... 197 136 109 93 83 75 69 64 60 57 1 ...... 280 193 155 132 117 106 98 91 85 81 1 Includes losses for four 90-degree bends and two end fittings. Tubing runs with larger numbers of bend and/or fittings shall be increased by an equivalent length of tubing according to the following equation: L = 1.3n, where L is actual length (ft) of tubing and n is the number of additional fittings and/or bends. 2 EHD (Equivalent Hydraulic Diameter)—A measure of the hydraulic efficiency between different tubing sizes.

(e) Joints for gas pipe. All pipe joints melting temperature in excess of 1,000 in the piping system, unless welded or F. brazed, shall be threaded joints that (f) Joints for tubing. (1) Tubing joints comply with Pipe Threads, General shall be made with either a single or a Purpose (Inch), adopted 25 October 1984, double flare of 45 degrees in accordance ANSI/ASME B1.20.1–1983. Right and left with Flares For Tubing, SAE–J533b– nipples or couplings shall not be used. 1992 or with other listed vibration-re- Unions, if used, shall be of ground joint sistant fittings, or joints may be type. The material used for welding or brazed with material having a melting brazing pipe connections shall have a point exceeding 1,000 °F. Metallic ball

111

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00121 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.705 24 CFR Ch. XX (4–1–19 Edition)

sleeve compression-type tubing fittings made of etched, metal-stamped or em- shall not be used. bossed brass, stainless steel, anodized (2) Steel tubing joints shall be made or alcalde aluminum not less than 0.020 with a double-flare in accordance with inch thick, or other approved material Flares For Tubing, SAE-J533b-1972. (e.g., 0.005 inch plastic laminates), (g) Pipe joint compound. Screw joints which reads as follows. The connector shall be made up tight with listed pipe capacity indicated on this tag shall be joint compound, insoluble in liquefied equal to or greater than the total Btuh petroleum gas, and shall be applied to rating of all intended gas appliances. the male threads only. (h) Concealed tubing. (1) Copper tub- COMBINATION LP-GAS AND NATURAL ing must not be run inside walls, GAS SYSTEM floors, partitions, or roofs. Corrugated stainless steel tubing (CSST) may be This gas piping system is designed for run inside walls, floors, partitions, and use of either liquefied petroleum gas or roofs under the following conditions: natural gas. (i) The CSST is protected from acci- NOTICE: BEFORE TURNING ON GAS dental puncture by a steel strike bar- BE CERTAIN APPLIANCES ARE DE- SIGNED FOR THE GAS CONNECTED rier not less than 0.058 inch thick, or AND ARE EQUIPPED WITH CORRECT the barrier’s equivalent, installed be- ORIFICES. SECURELY CAP THIS tween the tubing and the finished wall INLET WHEN NOT CONNECTED FOR and extending 4 inches beyond con- USE. cealed penetrations of plates, firestops, When connecting to lot outlet, use a and wall studs, or specified by the tub- listed gas supply connector for mobile ing manufacturer’s instructions; and homes rated at b 100,000 Btuh or more; b (ii) The CSST is installed in single 250,000 Btuh or more. runs and is not rigidly secured. Before turning on gas, make certain (2) Where tubing passes through exte- all gas connections have been made tight, all appliance valves are turned off, rior walls, floors, partitions, or similar and any unconnected outlets are capped. construction, the tubing must be pro- After turning on gas, test gas piping tected by the use of weather-resistant and connections to appliances for leak- grommets that snugly fit both the tub- age with soapy water or bubble solution, ing and the hole through which the and light all pilots. tubing passes, or protected as specified in the tubing manufacturer’s instructions. The connector capacity indicated on (3) Concealed joints: Piping or tubing this tag shall be equal to or greater joints must not be located in any wall, than the total Btuh rating of all in- floor, partition, or similar concealed tended gas appliances. construction space. (l) LP-gas supply connectors. (1) A list- (i) Concealed joints. Piping or tubing ed LP-Gas flexible connection con- joints shall not be located in any floor, forming to UL 569–1995, Pigtails and wall partition, or similar concealed Flexible Hose Connectors for LP Gas, construction space. or equal must be supplied when LP-Gas (j) Gas supply connections. When gas cylinders(s) and regulator(s) are sup- appliances are installed, at least one plied. gas supply connection shall be provided (2) Appliance connections. All gas on each home. The connection shall burning appliances shall be connected not be located beneath an exit door. to the fuel piping. Materials as pro- Where more than one connection is vided in § 3280.705(b) or listed appliance provided, the piping system shall be connectors shall be used. Listed appli- sized to provide adequate capacity ance connectors when used shall not from each supply connection. run through walls, floors, ceilings or (k) Identification of gas supply connec- partitions, except for cabinetry, and tions. Each manufactured home shall shall be 3 feet or less in length or 6 feet have permanently affixed to the exte- or less for cooking appliances. Connec- rior skin at or near each gas supply tors of aluminum shall not be used out- connection or the end of the pipe, a tag doors. A manufactured home con- of 3 inches by 13⁄4 inches minimum size, taining a combination LP-natural-gas-

112

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00122 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.706

system may be provided with a gas out- be closed gas-tight with threaded pipe let to supply exterior appliances when plugs or pipe caps. installed in accordance with the fol- (5) Electrical ground. Gas piping shall lowing: not be used for an electrical ground. (i) No portion of the completed in- (6) Couplings. Pipe couplings and stallation shall project beyond the wall unions shall be used to join sections of of the manufactured home. threaded piping. Right and left nipples (ii) The outlet must be provided with or couplings shall not be used. an approved quick-disconnect device, (7) Hangers and supports. All gas pip- which must be designed to provide a ing shall be adequately supported by positive seal on the supply side of the galvanized or equivalently protected gas system when the appliance is dis- metal straps or hangers at intervals of connected. A shutoff valve of the non- not more than 4 feet, except where ade- displaceable rotor type conforming to quate support and protection is pro- ANSI Z21.15–1997, Manually Operated vided by structural members. Solid- Gas Valves, must be installed imme- iron-pipe gas supply connection(s) shall diately upstream of the quick-dis- be rigidly anchored to a structural connect device. The complete device member within 6 inches of the supply must be provided as part of the original connection(s). installation. (8) Testing for leakage. (i) Before ap- (iii) Protective caps or plugs for the pliances are connected, piping systems ‘‘quick-disconnect’’ device, when dis- shall stand a pressure of at least six connected, shall be permanently at- inches mercury or three PSI gage for a tached to the manufactured home adja- period of not less than ten minutes cent to the device. without showing any drop in pressure. (iv) A tag shall be permanently at- Pressure shall be measured with a mer- tached to the outside of the exterior cury manometer or slope gage cali- wall of the manufactured home as close brated so as to be read in increments of as possible to the gas supply connec- not greater than one-tenth pound, or tion. The tag shall indicate the type of an equivalent device. The source of gas and the Btuh capacity of the outlet normal operating pressure shall be iso- and shall be legibly inscribed as fol- lated before the pressure tests are lows: made. Before a test is begun, the tem- THIS OUTLET IS DESIGNED FOR USE perature of the ambient air and of the WITH GAS PORTABLE APPLIANCES piping shall be approximately the WHOSE TOTAL INPUT DO NOT EXCEED same, and constant air temperature be lll BTUH. REPLACE PROTECTIVE COV- maintained throughout the test. ERING OVER CONNECTOR WHEN NOT IN (ii) After appliances are connected, USE. the piping system shall be pressurized (3) Valves. A shutoff valve must be in- to not less than 10 inches nor more stalled in the fuel piping at each appli- than 14 inches water column and the ance inside the manufactured home appliance connections tested for leak- structure, upstream of the union or age with soapy water or bubble solu- connector in addition to any valve on tion. the appliance and so arranged to be ac- [40 FR 58752, Dec. 18, 1975, as amended at 42 cessible to permit servicing of the ap- FR 54383, Oct. 5, 1977. Redesignated at 44 FR pliance and removal of its components. 20679, Apr. 6, 1979, as amended at 52 FR 4587, The shutoff valve must be located Feb. 12, 1987; 58 FR 55016, Oct. 25, 1993; 70 FR within 6 feet of any cooking appliance 72050, Nov. 30, 2005; 78 FR 73987, Dec. 9, 2013] and within 3 feet of any other appliance. A shutoff valve may serve more § 3280.706 Oil piping systems. than one appliance if located as re- (a) General. The requirements of this quired by this paragraph (3). The shut- section shall govern the installation of off valve must be of the non-displace- all liquid fuel piping attached to any able rotor type and conform to ANSI manufactured home. None of the re- Z21.15–1997, Manually Operated Gas quirements listed in this section shall Valves. apply to the piping in the appliance(s). (4) Gas piping system openings. All (b) Materials. All materials used for openings in the gas piping system shall the installation extension, alteration,

113

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00123 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.707 24 CFR Ch. XX (4–1–19 Edition)

or repair, of any oil piping systems tings, or brazed with materials having shall be new and free from defects or a melting point in excess of 1,000 F. internal obstructions. The system shall (f) Pipe joint compound. Threaded be made of materials having a melting joints shall be made up tight with list- point of not less than 1,450 F, except as ed pipe joint compound which shall be provided in § 280.706(d) and (e). They applied to the male threads only. shall consist of one or more of the ma- (g) Couplings. Pipe couplings and terials described in § 3280.706(b) (1) unions shall be used to join sections of through (4). threaded pipe. Right and left nipples or (1) Steel or wrought-iron pipe shall couplings shall not be used. comply with ANSI B 36.10–1979, Welded (h) Grade of piping. Fuel oil piping in- and Seamless Wrought Steel Pipe. stalled in conjunction with gravity Threaded copper or brass pipe in iron feed systems to oil heating equipment pipe sizes may be used. shall slope in a gradual rise upward (2) Fittings for oil piping shall be from a central location to both the oil wrought-iron, malleable iron, steel, or tank and the appliance in order to brass (containing not more than 75 per- eliminate air locks. cent copper). (i) Strap hangers. All oil piping shall be adequately supported by galvanized (3) Copper tubing must be annealed or equivalently protected metal straps type, Grade K or L conforming to the or hangers at intervals of not more Standard Specification for Seamless than 4 feet, except where adequate sup- Copper Water Tube, ASTM B88–93, or port and protection is provided by shall comply with ASTM B280–1995, structural members. Solid-iron-pipe oil Standard Specification for Seamless supply connection(s) shall be rigidly Copper Tube for Air Conditioning and anchored to a structural member with- Refrigeration Field Service. in 6 inches of the supply connection(s). (4) Steel tubing shall have a min- (j) Testing Tag. A tag must be affixed imum wall thickness of 0.032 inch for to each oil-fired appliance stating: 1 diameters up to ⁄2 inch and 0.049 inch ‘‘Before setting the system in oper- for diameters 1⁄2 inch and larger. Steel ation, tank installations and piping tubing shall be constructed in accord- must be checked for oil leaks with fuel ance with the Specification for Elec- oil of the same grade that will be tric-Resistance-Welded Coiled Steel burned in the appliance. No other ma- Tubing for Gas and Field Oil Lines, terial may be used for testing fuel oil ASTM, A539–90a, and shall be exter- tanks and piping. Tanks must be filled nally corrosion protected. to maximum capacity for the final (c) Size of oil piping. The minimum check for oil leakage.’’ size of all fuel oil tank piping connecting outside tanks to the appliance [40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 3 shall be no smaller than ⁄8 inch OD 4588, Feb. 12, 1987; 58 FR 55017, Oct. 25, 1993; copper tubing or 1⁄4 inch IPS. If No. 1 70 FR 72050, Nov. 30, 2005; 78 FR 73988, Dec. 9, fuel oil is used with a listed automatic 2013] pump (fuel lifter), copper tubing shall be sized as specified by the pump man- § 3280.707 Heat producing appliances. ufacturer. (a) Heat-producing appliances and (d) Joints for oil piping. All pipe joints vents, roof jacks and chimneys nec- in the piping system, unless welded or essary for their installation in manu- brazed, shall be threaded joints which factured homes shall be listed or cer- comply with ANSI/ASME B1.20.1–1983, tified by a nationally recognized test- Pipe Threads, General Purpose (Inch). ing agency for use in manufactured The material used for brazing pipe con- homes. nections shall have a melting tempera- (1) A manufactured home shall be ture in excess of 1,000 F. provided with a comfort heating sys- (e) Joints for tubing. Joints in tubing tem. shall be made with either a single or (i) When a manufactured home is double flare of the proper degree, as manufactured to contain a heating ap- recommended by the tubing manufac- pliance, the heating appliance shall be turer, by means of listed tubing fit- installed by the manufacturer of the

114

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00124 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.708

manufactured home in compliance Storage capacity in Recovery Standby loss with applicable sections of this sub- gallons efficiency part. (ii) When a manufactured home is Less than 25 At least 75 per- Not more than 7.5 percent. cent.. manufactured for field application of 25 up to 35 .. 00 ...... Not more than 7 percent. an external heating or combination 35 or more ... 00 ...... Not more than 6 percent. heating/cooling appliance, preparation of the manufactured home for this ex- (e) Each space heating, cooling or ternal application shall comply with combination heating and cooling sys- the applicable sections of this part. tem shall be provided with at least one (2) Each gas and oil burning comfort readily adjustable automatic control heating appliance must have an Annual for regulation of living space tempera- Fuel Utilization Efficiency of not less ture. The control shall be placed a min- than that specified in 10 CFR part 430, imum of 3 feet from the vertical edge Energy Conservation Program for Con- of the appliance compartment door. It shall not be located on an exterior wall sumer Products: Test Procedures for or on a wall separating the appliance Furnaces/Boilers, Vented Home Heat- compartment from a habitable room. ing Equipment and Pool Heaters. (f) Oil-fired heating equipment. All oil- (b) Fuel-burning heat-producing ap- fired heating equipment must conform pliances and refrigeration appliances, to Liquid Fuel-burning Heating Appli- except ranges and ovens, shall be of the ances for Manufactured Homes and vented type and vented to the outside. Recreational Vehicles, UL 307A–1995, (c) Fuel-burning appliances shall not with 1997 revisions, and be installed in be converted from one fuel to another accordance with Standard for the In- fuel unless converted in accordance stallation of Oil Burning Equipment, with the terms of their listing and the NFPA 31–01 (incorporated by reference, appliance manufacturer’s instructions. see § 3280.4). Regardless of the require- (d) Performance efficiency. Each auto- ments of the above-referenced stand- matic storage water heater must com- ards, or any other standards referenced ply with the efficiency requirements of in this part, the following are not re- 10 CFR part 430, Energy Conservation quired: Program for Consumer Products: En- (1) External switches or remote con- ergy Conservation Standards for Water trols which shut off the burner or the Heaters. flow of oil to the burner, or (1) All automatic electric storage (2) An emergency disconnect switch water heaters installed in manufac- to interrupt electric power to the tured homes shall have a standby loss equipment under conditions of exces- not exceeding 43 watts/meter2 (4 watts/ sive temperature. ft2) of tank surface area. The method of [40 FR 58752, Dec. 17, 1975, as amended at 42 test for standby loss shall be as de- FR 54383, Oct. 5, 1977. Redesignated at 44 FR scribed in section 4.3.1 of Household 20679, Apr. 6, 1979, as amended at 47 FR 49391, Automatic Electric Storage Type Nov. 1, 1982; 52 FR 4588, Feb. 12, 1987; 52 FR Water Heaters, ANSI C72.1–1972. 47553, Dec. 15, 1987; 58 FR 55017, Oct. 25, 1993; 70 FR 72050, Nov. 30, 2005; 78 FR 73988, Dec. 9, (2) All gas and oil-fired automatic 2013] storage water heaters shall have a recovery efficiency, E, and a standby § 3280.708 Exhaust duct system and loss, S, as described below. The method provisions for the future installa- of test of E and S shall be as described tion of a clothes dryer. in section 2.7 of Gas Water heaters, (a) Clothes dryers. (1) All gas and elec- Vol. I, Storage Water Heaters with tric clothes dryers shall be exhausted Input/Ratings of 75,000 BTU per hour or to the outside by a moisture-lint ex- less, ANSI Z21.10.1–1998 with haust duct and termination fitting. addendums Z21.10.1a–2000, and When the clothes dryer is supplied by Z21.10.1b–1992, except that for oil-fired the manufacturer, the exhaust duct units. CF = 1.0, Q = total gallons of oil and termination fittings shall be com- consumed and H = total heating value pletely installed by the manufacturer. of oil in BTU/gallon. However, if the exhaust duct system is

115

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00125 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.709 24 CFR Ch. XX (4–1–19 Edition)

subject to damage during transpor- dryer for future installation by the tation, it need not be completely in- owner, the manufacturer shall: stalled at the factory when: (1) Provide a roughed in moisture- (i) The exhaust duct system is con- lint exhaust duct system consisting of nected to the clothes dryer, and a complete access space (hole) through (ii) A moisture lint exhaust duct sys- the wall or floor cavity with a cap or tem is roughed in and installation in- cover on the interior and exterior of structions are provided in accordance the cavity which are secured in such a with paragraph (b)(3) or (c) of this sec- manner that they can be removed by tion. the use of common household tools. (2) A clothes dryer moisture-lint ex- The cap or cover in place shall limit haust duct shall not be connected to air filtration and be designed to resist any other duct, vent or chimney. the entry of water or rodents into the (3) The exhaust duct shall not termi- home. The manufacturer is not re- nate beneath the manufactured home. quired to provide the moisture-lint ex- (4) Moisture-lint exhaust ducts shall haust duct or the termination fitting; not be connected with sheet metal (2) Install a receptacle for future con- screws or other fastening devices which nection of the dryer; extend into the interior of the duct. (3) Provide written instructions on (5) Moisture-lint exhaust duct and how to complete the exhaust duct in- termination fittings shall be installed stallation in accordance with the pro- in accordance with the appliance man- visions of paragraphs (a)(1) through (5) ufacturer’s printed instructions. of this section. (b) Provisions for future installation of [42 FR 54383, Oct. 5, 1977. Redesignated at 44 a gas clothes dryer. A manufactured FR 20679, Apr. 6, 1979, as amended at 58 FR home may be provided with ‘‘stubbed 55018, Oct. 25, 1993] in’’ equipment at the factory to supply a gas clothes dryer for future installa- § 3280.709 Installation of appliances. tion by the owner provided it complies (a) The installation of each appliance with the following provisions: shall conform to the terms of its list- (1) The ‘‘stubbed in’’ gas outlet shall ing and the manufacturer’s instruc- be provided with a shutoff valve, the tions. The installer shall leave the outlet of which is closed by threaded manufacturer’s instructions attached pipe plug or cap; to the appliance. Every appliance shall (2) The ‘‘stubbed in’’ gas outlet shall be secured in place to avoid displace- be permanently labeled to identify it ment. For the purpose of servicing and for use only as the supply connection replacement, each appliance shall be for a gas clothes dryer; both accessible and removable. (3) A moisture lint duct system con- (b) Heat-producing appliances shall sisting of a complete access space be so located that no doors, drapes, or (hole) through the wall or floor cavity other such material can be placed or with a cap or cover on the interior and swing closer to the front of the appli- exterior of the cavity secured in such a ance than the clearances specified on manner that they can be removed by a the labeled appliances. common household tool shall be pro- (c) Clearances surrounding heat provided. The cap or cover in place shall ducing appliances shall not be less than limit air infiltration and be designed to the clearances specified in the terms of resist the entry of water or rodents. their listings. The manufacturer is not required to (1) Prevention of storage. The area provide the moisture-lint exhaust duct surrounding heat producing appliances or the termination fitting. The manu- installed in areas with interior or exte- facturer shall provide written instruc- rior access shall be framed-in or guard- tions to the owner on how to complete ed with noncombustible material such the exhaust duct installation in ac- that the distance from the appliance to cordance with provisions of the framing or guarding material is not § 3280.708(a)(1) through (5). greater than three inches unless the (c) Provisions for future installation of appliance is installed in compliance electric clothes dryers. When wiring is in- with paragraph (c)(2), of this section. stalled to supply an electric clothes When clearance required by the listing

116

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00126 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.709

is greater than three inches, the guard (1) The air circulating fan of a fur- or frame shall not be closer to the ap- nace installed in an enclosure with an- pliance than the distance provided in other fuel-burning appliance shall be the listing. operable only when any door or panel (2) Clearance spaces surrounding heat covering an opening in the furnace fan producing appliances are not required compartment or in a return air plenum to be framed-in or guarded when: or duct is in the closed position. This (i) A space is designed specifically for does not apply if both appliances are a clothes washer or dryer; direct vent system (sealed combustion (ii) Dimensions surrounding the ap- system) appliances. pliance do not exceed three inches; or (2) If a warm air appliance is in- (iii) The manufacturer affixes either stalled within an enclosure to conform to a side of an alcove or compartment to § 3280.709(d)(2), each warm-air outlet containing the appliance, or to the ap- and each return air inlet shall extend pliance itself, in a clearly visible loca- to the exterior of the enclosure. Ducts, tion, a 3″ × 5″ adhesive backed plastic if used for that purpose, shall not have laminated label or the equivalent any opening within the enclosure and which reads as follows: shall terminate at a location exterior ‘‘Warning’’ to the enclosure. (3) Cooling coils installed as a por- This compartment is not to be used as a tion of, or in connection with, any storage area. Storage of combustible mate- forced-air furnace shall be installed on rials or containers on or near any appliance in this compartment may create a fire haz- the downstream side unless the furnace ard. Do not store such materials or con- is specifically otherwise listed. tainers in this compartment. (4) An air conditioner evaporator sec- (d) All fuel-burning appliances, ex- tion shall not be located in the air dis- cept ranges, ovens, illuminating appli- charge duct or plenum of any forced-air ances, clothes dryers, solid fuel-burn- furnace unless the manufactured home ing fireplaces and solid fuel-burning manufacturer has complied with cer- fireplace stoves, shall be installed to tification required in § 3280.511. provide for the complete separation of (5) If a cooling coil is installed with a the combustion system from the inte- forced-air furnace, the coil shall be in- rior atmosphere of the manufactured stalled in accordance with its listing. home. Combustion air inlets and flue When a furnace-coil unit has a limited gas outlets shall be listed or certified listing, the installation must be in ac- as components of the appliance. The re- cordance with that listing. quired separation may be obtained by: (6) When an external heating appli- (1) The installation of direct vent ance or combination cooling/heating system (sealed combustion system) ap- appliance is to be field installed, the pliances, or home manufacturer shall make provi- (2) The installation of appliances sion for proper location of the connec- within enclosures so as to separate the tions to the supply and return air sys- appliance combustion system and vent- tems. The manufacturer is not required ing system from the interior atmos- to provide said appliance(s). The prepa- phere of the manufactured home. There ration by the manufacturer for connec- shall not be any door, removable access tion to the home’s supply and return panel, or other opening into the enclo- air system shall include all fittings and sure from the inside of the manufac- connection ducts to the main duct and tured home. Any opening for ducts, return air system such that the in- piping, wiring, etc., shall be sealed. staller is only required to provide: (e) A forced air appliance and its re- (i) The appliance; turn-air system shall be designed and (ii) Any appliance connections to the installed so that negative pressure cre- home; and ated by the air-circulating fan cannot (iii) The connecting duct between the affect its or another appliance’s com- external appliance and the fitting in- bustion air supply or act to mix prod- stalled on the home by the manufac- ucts of combustion with circulating turer. The above connection prepara- air. tions by the manufacturer do not apply

117

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00127 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.710 24 CFR Ch. XX (4–1–19 Edition)

to supply or return air systems depart of its listing a termination designed only to accept external cooling vice(s) and a spark arrester(s). (i.e., self contained air conditioning (ii) A fireplace or fireplace stove, air systems, etc.) intake assembly, hearth extension and (7) The installation of a self con- the chimney shall be installed in ac- tained air conditioner comfort cooling cordance with the terms of their list- appliance shall meet the following re- ings and their manufacturer’s instruc- quirements: tions. (i) The installation on a duct com- (iii) The combustion air inlet shall mon with an installed heating appli- conduct the air directly into the fire ance shall require the installation of chamber and shall be designed to pre- an automatic damper or other means vent material from the hearth dropping to prevent the cooled air from passing onto the area beneath the manufac- through the heating appliance unless tured home. the heating appliance is certified or (iv) The fireplace or fireplace stove listed for such application and the sup- shall not be installed in a sleeping ply system is intended for such an ap- room. plication. (v) Hearth extension shall be of non- (ii) The installation shall prevent the combustible material not less than 3⁄8- flow of heated air into the external inch thick. The hearth shall extend at cooling appliance and its connecting least 16 inches in front or and at least ducts to the manufactured home sup- 8 inches beyond each side of the fire- ply and return air system during the place or fireplace stove opening. Fur- operation of the heating appliance in- thermore the hearth shall extend over stalled in the manufactured home. the entire surface beneath a fireplace (iii) The installation shall prevent si- stove and beneath an elevated or over- multaneous operation of the heating hanging fireplace. and cooling appliances. (vi) The label on each solid fuel-burn- (f) Vertical clearance above cooking top. ing fireplace and solid fuel-burning Ranges shall have a vertical clearance fireplace stove shall include the fol- above the cooking top of not less than lowing wording: For use with solid fuel 24 inches. (See § 3280.204). only. (g) Solid fuel-burning factory-built (vii) The chimney shall extend at fireplaces and fireplace stoves listed least three feet above the part of the for use in manufactured homes may be roof through which it passes and at installed in manufactured homes pro- least two feet above the highest ele- vided they and their installation con- vation of any part of the manufactured form to the following paragraphs. A home within 10 feet of the chimney. fireplace or fireplace stove shall not be Portions of the chimney and termi- considered as a heating facility for de- nation that exceed an elevation of 131⁄2 termining compliance with subpart F. ft. above ground level may be designed (1) A solid fuel-burning fireplace or to be removed for transporting the fireplace stove shall be equipped with manufactured home. integral door(s) or shutter(s) designed to close the fireplace or fireplace stove (h) A corrosion resistant water drip fire chamber opening and shall include collection and drain pan must be incomplete means for venting through stalled under each water heater that the roof, a combustion air inlet, a will allow water leaking from the hearth extension, and means to se- water heater to drain to the exterior of curely attach the fireplace or the fire- the manufactured home, or to a drain. place stove to the manufactured home [40 FR 58752, Dec. 18, 1975. Redesignated at 44 structure. The installation shall con- FR 20679, Apr. 6, 1979, as amended at 44 FR form to the following paragraphs (g)(1) 66195, Nov. 19, 1979; 58 FR 55018, Oct. 25, 1993; (i) to (vii) inclusive: 70 FR 72050, Nov. 30, 2005] (i) A listed factory-built chimney designed to be attached directly to the § 3280.710 Venting, ventilation and fireplace or fireplace stove shall be combustion air. used. The listed factory built chimney (a) The venting as required by shall be equipped with and contain as § 3280.707(b) shall be accomplished by

118

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00128 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.714

one or more of the methods given in discharging outside the home, that is (a)(1) and (2) of this section: installed in accordance with the terms (1) An integral vent system listed or of listing and the manufacturer’s in- certified as part of the appliance. structions. Gravity or mechanical ven- (2) A venting system consisting en- tilation shall be installed within a hor- tirely of listed components, including izontal distance of not more than ten roof jack, installed in accordance with feet from the vertical front of the ap- the terms of the appliance listing and pliance(s). the appliance manufacturer’s instruc- (f) Mechanical ventilation which ex- tions. hausts directly to the outside atmos- (b) Venting and combustion air sys- phere from the living space of a home tems shall be installed in accordance shall be equipped with an automatic or with the following: manual damper. Operating controls (1) Components shall be securely as- shall be provided such that mechanical sembled and properly aligned at the ventilation can be separately operated factory in accordance with the appli- without directly energizing other en- ance manufacturer’s instructions ex- ergy consuming devices. cept vertical or horizontal sections of a [49 FR 32012, Aug. 9, 1984, as amended at 58 fuel fired heating appliance venting FR 55018, Oct. 25, 1993] system that extend beyond the roof line or outside the wall line may be in- § 3280.711 Instructions. stalled at the site. Sectional venting Operating instructions must be pro- systems shall be listed for such appli- vided with each appliance. The oper- cations and installed in accordance ating and installation instructions for with the terms of their listings and each appliance must be provided with manufacturers’ instructions. In cases the homeowner’s manual. where sections of the venting system are removed for transportation, a label [78 FR 73989, Dec. 9, 2013] shall be permanently attached to the appliance indicating the following: § 3280.712 Marking. (a) Information on clearances, input Sections of the venting system have not been installed. Warning-do not operate the rating, lighting and shutdown shall be appliance until all sections have been assem- attached to the appliances with the bled and installed in accordance with the same permanence as the nameplate, manufacturer’s instructions. and so located that it is easily readable when the appliance is properly in- (2) Draft hood connectors shall be stalled or shutdown for transporting of firmly attached to draft hood outlets manufactured home. or flue collars by sheet metal screws or (b) Each fuel-burning appliance shall by equivalent effective mechanical fas- bear permanent marking designating teners. the type(s) of fuel for which it is listed. (3) Every joint of a vent, vent connector, exhaust duct and combustion § 3280.713 Accessibility. air intake shall be secure and in align- Every appliance shall be accessible ment. for inspection, service, repair, and re- (c) Venting systems shall not termi- placement without removing perma- nate underneath a manufactured home. nent construction. For those purposes, (d) Venting system terminations inlet piping supplying the appliance shall be not less than three feet from shall not be considered permanent con- any motor-driven air intake dis- struction. Sufficient room shall be charging into habitable areas. available to enable the operator to ob- (e) The area in which cooking appli- serve the burner, control, and ignition ances are located shall be ventilated by means while starting the appliance. a metal duct which may be single wall, not less than 12.5 square inches in [58 FR 55018, Oct. 25, 1993] cross-sectional area (minimum dimension shall be two inches) located above § 3280.714 Appliances, cooling. the appliance(s) and terminating out- (a) Every air conditioning unit or a side the manufactured home, or by list- combination air conditioning and heated mechanical ventilating equipment ing unit shall be listed or certified by a

119

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00129 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.714 24 CFR Ch. XX (4–1–19 Edition)

nationally recognized testing agency mental electric resistance heat con- for the application for which the unit forming to ARI Standard 210/240–89 Uni- is intended and installed in accordance tary Air-Conditioning and Air-Source with the terms of its listing. Heat Pump Equipment shall show coef- (1) Mechanical air conditioners shall ficient of performance ratios not less be rated in accordance with the ARI than shown below: Standard 210/240–89 Unitary Air Condi- tioning and Air Source Unitary Heat COP Pump Equipment (incorporated by ref- Temperature degrees Coefficient of erence, see § 3280.4) and certified by ARI fahrenheit performance or other nationally recognized testing 47 ...... 2.5 agency capable of providing follow-up 17 ...... 1.7 service. 0 ...... 1.0 (i) Electric motor-driven unitary air- cooled air conditioners and heat pumps (2) Gas fired absorption air condi- in the cooling mode with rated capac- tioners must be listed or certified in ity less than 65,000 BTU/hour (19,045 accordance with ANSI Z21.40.1–1996, watts), when rated at ARI standard Gas Fired, Heat Activated, Air Condi- rating conditions in ARI Standard 210/ tioning and Heat Pump Appliances (in- 240–89, Unitary Air-Conditioning and corporated by reference, see § 3280.4), Air-Source Heat Pump Equipment, and certified by a nationally recog- must have seasonal energy efficiency nized testing agency capable of pro- (SEER) values not less than as speci- viding follow-up service. fied in 10 CFR Part 430, Energy Con- (3) Direct refrigerating systems serv- servation Program for Consumer Prod- ing any air conditioning or comfort- ucts: Central Air Conditioners and cooling system installed in a manufac- Heat Pumps Energy Conservation tured home shall employ a type of re- Standards. frigerant that ranks no lower than (ii) Heat pumps must be certified to Group 5 in the Underwriters’ Labora- comply with all requirements of the tories, Inc. ‘‘Classification of Compara- ARI Standard 210/240–89, Unitary Air tive Life Hazard of Various Chemi- Conditioning and Air-Source Heat cals.’’ Pump Equipment. Electric motor-driv- (4) When a cooling or heat pump coil en vapor compression heat pumps with and air conditioner blower are installed supplemental electrical resistance heat with a furnace or heating appliance, must be sized to provide by compres- they shall be tested and listed in com- sion at least 60 percent of the cal- bination for heating and safety per- culated annual heating requirements formance by a nationally recognized for the manufactured home being testing agency. served. A control must be provided and (5) Cooling or heat pump indoor coils set to prevent operation of supple- and outdoor sections shall be certified, mental electrical resistance heat at listed and rated in combination for ca- outdoor temperatures above 40 °F (4 pacity and efficiency by a nationally °C), except for defrost conditions. Elec- recognized testing agency(ies). Rating tric motor-driven vapor compression procedures shall be based on U.S. De- heat pumps with supplemental electric partment of Energy test procedures. resistance heat conforming to ARI (b) Installation and instructions. (1) Standard 210/240–89, Unitary Air-Condi- The installation of each appliance shall tioning and Air-Source Heat Pump conform to the terms of its listing as Equipment, must have Heating Season specified on the appliance and in the Performance Factor (HSPF) effi- manufacturer’s instructions. The in- ciencies not less than as specified in staller shall include the manufactur- the 10 CFR Part 430, Energy Conserva- er’s installation instructions in the tion Program for Consumer Products: manufactured home. Appliances shall Central Air Conditioners and Heat be secured in place to avoid displace- Pumps Energy Conservation Stand- ment and movement from vibration ards. and road shock. (iii) Electric motor-driven vapor (2) Operating instructions shall be compression heat pumps with supple- provided with the appliance.

120

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00130 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.715

(c) Fuel-burning air conditioners not exceed 90% of that shown on the shall also comply with § 280.707. label of the appliance. For upflow fur- (d) The appliance rating plate shall naces the static pressure shall be taken be so located that it is easily readable in the duct plenum. For external heat- when the appliance is properly ining or combination heating/cooling ap- stalled. pliances the static pressure shall be (e) Every installed appliance shall be taken at the point used by the agency accessible for inspection, service, re- listing or certifying the appliance. pair and replacement without remov- (ii) When an evaporator-coil specifi- ing permanent construction. cally designed for the particular fur- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 nace is installed between the furnace FR 20679, Apr. 6, 1979, as amended at 58 FR and the duct plenum, the total static 55018, Oct. 25, 1993; 70 FR 72051, Nov. 30, 2005; pressure shall be measured downstream 78 FR 73989, Dec. 9, 2013] of the coil in accordance with the appliance label and shall not exceed 90 § 3280.715 Circulating air systems. percent of that shown on the label of (a) Supply system. (1) Supply air the appliance. ducts, fittings, and any dampers con- (iii) When any other listed air-cooler tained therein must be made of galva- coil is installed between the furnace nized steel, tin-plated steel, or alu- and the duct plenum, the total static minum, or must be listed as Class 0 or pressure shall be measured between the Class 1 air ducts and air connectors in furnace and the coil and it shall not ex- accordance with UL 181–2003, Factory- ceed 90 percent of that shown on the Made Air Ducts and Air Connectors (in- label of the furnace. corporated by reference, see § 3280.4). (iv) The minimum dimension of any Class 1 air ducts and air connectors branch duct shall be at least 11⁄2 inches, must be located at least 3 feet from the and of any main duct, 21⁄2 inches. furnace bonnet or plenum. Air connec- (3) Sizing of ducts. (i) The manufac- tors must not be used for exterior manufactured home duct connection. A tured home manufacturer shall certify duct system integral with the struc- the capacity of the air cooling supply ture must be of durable construction duct system for the maximum allow- that can be demonstrated to be equally able output of ARI certified central air resistant to fire and deterioration as conditioning systems. The certification required by this section. Furnace sup- shall be at operating static pressure of ply plenums must be constructed of 0.3 inches of water or greater. (See metal that extends a minimum of 3 feet § 3280.511). from the heat exchanger measured (ii) The refrigerated air cooling sup- along the centerline of airflow. Ducts ply duct system including registers constructed from sheet metal must be must be capable of handling at least 300 in accordance with the following table: cfm per 10,000 btuh with a static pressure no greater than 0.3 inches of water MINIMUM METAL THICKNESS FOR DUCTS 1 when measured at room temperature. In the case of application of external Diameter Width Duct type 14 in. or over 14 self contained comfort cooling appli- less in. ances or the cooling mode of combina- Round ...... 0.013 0.016 tion heating/cooling appliances, either Enclosed rectangular ...... 013 .016 the external ducts between the appli- Exposed rectangular ...... 016 .019 ance and the manufactured home sup- 1 When ‘‘nominal’’ thicknesses are specified, 0.003 in. shall ply system shall be considered part of, be added to these ‘‘minimum’’ metal thicknesses. and shall comply with the require- (2) Sizing of ducts for heating. (i) Ducts ments for the refrigerated air cooling shall be so designed that when a la- supply duct system, or the connecting beled forced-air furnace is installed and duct between the external appliance operated continuously at its normal and the mobile supply duct system heating air circulating rate in the shall be a part of the listed appliance. manufactured home, with all registers The minimum dimension of any branch in the full open position, the static duct shall be at least 11⁄2 inches, and of pressure measured in the casing shall any main duct, 21⁄2 inches.

121

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00131 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.715 24 CFR Ch. XX (4–1–19 Edition)

(4) Airtightness of supply duct systems. section, and shall be listed for exterior A supply duct system shall be consid- use. ered substantially airtight when the (b) Return air systems—(1) Return air static pressure in the duct system, openings. Provisions shall be made to with all registers sealed and with the permit the return of circulating air furnace air circulator at high speed, is from all rooms and living spaces, ex- at least 80 percent of the static pres- cept toilet room(s), to the circulating sure measured in the furnace casing, air supply inlet of the furnace. with its outlets sealed and the furnace (2) Duct material. Return ducts and air circulator operating at high speed. any diverting dampers contained there- For the purpose of this paragraph and in shall be in accordance with the fol- § 3280.715(b) pressures shall be measured lowing: with a water manometer or equivalent (i) Portions of return ducts directly device calibrated to read in increments above the heating surfaces, or closer not greater than 1⁄10 inch water column. than 2 feet from the outer jacket or (5) Expandable or multiple manufac- casing of the furnace shall be con- tured home connections. (i) An expand- structed of metal in accordance with able or multiple manufactured home § 3280.715(a)(1) or shall be listed Class 0 may have ducts of the heating system or Class 1 air ducts. installed in the various units. The (ii) Return ducts, except as required points of connection must be so de- by paragraph (a) of this section, shall signed and constructed that when the be constructed of one-inch (nominal) manufactured home is fully expanded wood boards (flame spread classifica- or coupled, the resulting duct joint will tion of not more than 200), other suit- conform to the requirements of this able material no more flammable than part. one-inch board or in accordance with (ii) The manufacturer must provide § 3280.715(a)(1). installation instructions for sup- (iii) The interior of combustible porting, mechanically fastening, seal- ducts shall be lined with noncombus- ing, and insulating each crossover tible material at points where there duct. The instructions must indicate might be danger from incandescent that no portion of the crossover duct is particles dropped through the register to be in contact with the ground, and or furnace such as directly under floor must describe the means to support the registers and the bottom return. duct without compressing the insula- (iv) Factory made air ducts used for tion and restricting airflow. connecting external heating, cooling or (6) Air supply ducts shall be insulated combination heating/cooling appli- with material having an effective ther- ances to the supply system and return mal resistance (R) of not less than 4.0 air system of a manufactured home unless they are within manufactured shall be listed by a nationally recog- home insulation having a minimum ef- nized testing agency. Ducts applied to fective value of R–4.0 for floors or R–6.0 external heating appliances or com- for ceilings. bination heating/cooling appliances (7) Unless installed in a basement, supply system outlets shall be con- supply and return ducts, fittings, and structed of metal in accordance with crossover duct plenums exposed di- § 3280.715(a)(1) or shall be listed Class 0 rectly to outside air, such as those or Class 1 air ducts for those portions under-chassis crossover ducts or ducts of the duct closer than 2 feet from the connecting external heating, cooling, outer casing of the appliance. or combination heating/cooling appli- (v) Ducts applied to external appliances, must be insulated with material ances shall be resistant to deterio- having a minimum thermal resistance rating environmental effects, including of R–8 in all Thermal Zones. All such but not limited to ultraviolet rays, insulating materials must have a con- cold weather, or moisture and shall be tinuous vapor barrier retarder having a resistant to insects and rodents. perm rating of not more than 1 perm. (3) Sizing. The cross-sectional areas of Where ducts are exposed underneath the return air duct shall not be less the manufactured home, they must than 2 square inches for each 1,000 Btu comply with paragraph (a)(5)(ii) of this per hour input rating of the appliance.

122

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00132 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.801

Dampers shall not be placed in a com- vertical ducts are installed within clos- bination fresh air intake and return air ets or rooms, they must be enclosed duct so arranged that the required with materials equivalent to those cross-sectional area will not be reduced used in the closet or room construc- at all possible positions of the damper. tion. (4) Permanent uncloseable openings. (e) Registers and grilles. Fittings con- Living areas not served by return air necting the registers and grilles to the ducts or closed off from the return duct system must be constructed of opening of the furnace by doors, sliding metal or material that complies with partitions, or other means shall be pro- the requirements of Class 1 or 2 ducts vided with permanent uncloseable under UL 181–1996 with 1998 revisions, openings in the doors or separating Factory Made Air Ducts and Connec- partitions to allow circulated air to re- tors. Air supply terminal devices (reg- turn to the furnace. Such openings isters) when installed in kitchen, bed- may be grilled or louvered. The net free rooms, and bathrooms must be area of each opening shall be not less equipped with adjustable closeable than 1 square inch for every 5 square dampers. Registers or grilles must be feet of total living area closed off from constructed of metal or conform with the furnace by the door or partition the following: serviced by that opening. Undercutting (1) Be made of a material classified doors connecting the closed-off space 94V–0 or 94V–1, when tested as de- may be used as a means of providing scribed in UL 94–1996, with 2001 revi- return air area. However, in the event sions, Test for Flammability of Plastic that doors are undercut, they shall be Materials for Parts in Devices and Ap- undercut a minimum of 2 inches and pliances, Fifth Edition; and not more than 21⁄2 inches, as measured (2) Floor registers or grilles shall re- from the top surface of the floor deck- sist without structural failure a 200 lb. ing to the bottom of the door and no concentrated load on a 2-inch diameter more than one half of the free air area disc applied to the most critical area of so provided shall be counted as return the exposed face of the register or air area. grille. For this test the register or (c) Joints and seams. Joints and seams grille is to be at a temperature of not of sheet metal and factory-made flexi- less than 165 °F and is to be supported ble ducts, including trunks, branches, in accordance with the manufacturer’s risers, crossover ducts, and crossover instructions. duct plenums, shall be mechanically [40 FR 58752, Dec. 18, 1975. Redesignated at 44 secured and made substantially air- FR 20679, Apr. 6, 1979, as amended at 52 FR tight. Slip joints in sheet metal ducts 4589, Feb. 12, 1987; 58 FR 55019, Oct. 25, 1993; shall have a lap of at least one inch and 70 FR 72051, Nov. 30, 2005; 78 FR 73989, Dec. 9, shall be mechanically fastened. Tapes 2013] or caulking compounds shall be permitted to be used for sealing mechani- Subpart I—Electrical Systems cally secure joints. Sealants and tapes shall be applied only to surfaces that § 3280.801 Scope. are dry and dust-, dirt-, oil-, and (a) Subpart I of this part and Part II grease-free. Tapes and mastic closure of Article 550 of the National Electrical systems for use with factory-made Code (NFPA No. 70–2005) cover the elec- rigid fiberglass air ducts and air con- trical conductors and equipment in- nectors shall be listed in accordance stalled within or on manufactured with UL Standard 181A–1994, with 1998 homes and the conductors that connect revisions. Tapes and mastic closure manufactured homes to a supply of systems used with factory-made flexi- electricity. ble air ducts and air connectors shall (b) In addition to the requirements of be listed in accordance with UL Stand- this part and Part II of Article 550 of ard 181B–1995, with 1998 revisions. the National Electrical Code (NFPA (d) Supports and protection. Ducts No. 70–2005), the applicable portions of must be securely supported. Nails or other Articles of the National Elec- other fasteners must not be driven or trical Code must be followed for elec- penetrate through duct walls. Where trical installations in manufactured

123

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00133 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.802 24 CFR Ch. XX (4–1–19 Edition)

homes. The use of arc-fault breakers sizes or types, which is installed or under Articles 210.12(A) and (B), 440.65, connected as a unit to perform one or and 550.25(A) and (B) of the National more functions, such as clothes wash- Electrical Code, NFPA No. 70–2005 is ing, air conditioning, food mixing, deep not required. However, if arc-fault frying, etc. breakers are provided, such use must (ii) Appliance, fixed means an appli- be in accordance with the National ance which is fastened or otherwise se- Electrical Code, NFPA No. 70–2005. cured at a specific location. Wherever the requirements of this (iii) Appliance, portable means an ap- standard differ from the National Elec- pliance which is actually moved or can trical Code, these standards apply. easily be moved from one place to an- (c) The provisions of this standard other in normal use. For the purpose of apply to manufactured homes intended this Standard, the following major ap- for connection to a wiring system pliances are considered portable if nominally rated 120/240 volts, 3-wire cord-connected: refrigerators, clothes AC, with grounded neutral. washers, dishwashers without booster (d) All electrical materials, devices, heaters, or other similar appliances. appliances, fittings and other equip- (iv) Appliance, stationary means an ment shall be listed or labeled by a na- appliance which is not easily moved tionally recognized testing agency and from one place to another in normal shall be connected in an approved man- use. ner when in service. (4) Attachment plug (plug cap) (cap) (e) Aluminum conductors, aluminum means a device which, by insertion in a alloy conductors, and aluminum core receptacle, establishes connection be- conductors such as copper clad alu- tween the conductors of the attached minum; are not acceptable for use in flexible cord and the conductors con- branch circuit wiring in manufactured nected permanently to the receptacle. homes. (5) Bonding means the permanent [40 FR 58752, Dec. 18, 1975. Redesignated at 44 joining of metallic parts to form an FR 20679, Apr. 6, 1979, as amended at 58 FR electrically conductive path which will 55019, Oct. 25, 1993; 70 FR 72051, Nov. 30, 2005; assure electrical continuity and the ca- 71 FR 19639, Apr. 17, 2006] pacity to conduct safely any current likely to be imposed. § 3280.802 Definitions. (6) Branch circuit (i) means the circuit (a) The following definitions are ap- conductors between the final overcur- plicable to subpart I only. rent device protecting the circuit and (1) Accessible (i) (As applied to equip- the outlet(s). A device not approved for ment) means admitting close approach branch circuit protection, such as a because not guarded by locked doors, thermal cutout or motor overload pro- elevation, or other effective means. tective device, is not considered as the (See readily accessible.) overcurrent device protecting the cir- (ii) (As applied to wiring methods) cuit. means capable of being removed or ex- (ii) Branch circuit—appliance means a posed without damaging the manufac- branch circuit supplying energy to one tured home structure or finish, or not or more outlets to which appliances are permanently closed-in by the structure to be connected, such circuits to have or finish of the manufactured home no permanently connected lighting fix- (see concealed and exposed). tures not a part of an appliance. (2) Air conditioning or comfort cooling (iii) Branch circuit—general purpose equipment means all of that equipment means a circuit that supplies a number intended or installed for the purpose of of outlets for lighting and appliances. processing the treatment of air so as to (iv) Branch circuit—individual means control simultaneously its tempera- a branch circuit that supplies only one ture, humidity, cleanliness, and dis- utilization equipment. tribution to meet the requirements of (7) Cabinet means an enclosure de- the conditioned space. signed either for surface or flush (3)(i) Appliance means utilization mounting, and provided with a frame, equipment, generally other than indus- mat, or trim in which swinging doors trial, normally built in standardized are hung.

124

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00134 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.802

(8) Circuit breaker means a device de- (18) Exposed (i) (As applied to live signed to open and close a circuit by parts) means capable of being inadvert- nonautomatic means, and to open the ently touched or approached nearer circuit automatically on a predeter- than a safe distance by a person. It is mined overload of current without in- applied to parts not suitably guarded, jury to itself when properly applied isolated, or insulated. (See accessible within its rating. and concealed.) (9) Concealed means rendered inacces- (ii) (As applied to wiring method) sible by the structure or finish of the means on or attached to the surface or manufactured home. Wires in con- behind panels designed to allow access. cealed raceways are considered con- (See Accessible (as applied to wiring cealed, even though they may become methods)) accessible by withdrawing them. (See (19) Externally operable means capable accessible (As applied to wiring methods)) of being operated without exposing the (10) Connector, pressure (solderless) operator to contact with live parts. means a device that establishes a con- (20) Feeder assembly means the over- nection between two or more conduc- head or under-chassis feeder conductors or between one or more conductors tors, including the grounding con- and a terminal by means of mechanical ductor, together with the necessary fit- pressure and without the use of solder. tings and equipment, or a power supply (11) Dead front (as applied to switches, cord approved for manufactured home circuit-breakers, switchboards, and dis- use, designed for the purpose of deliv- tribution panelboard) means so designed, ering energy from the source of elec- constructed, and installed that no cur- trical supply to the distribution panel- rent-carrying parts are normally ex- board within the manufactured home. posed on the front. (21) Fitting means an accessory, such (12) Demand factor means the ratio of as a locknut, bushing, or other part of the maximum demand of a system, or a wiring system, that is intended pri- part of a system, to the total con- marily to perform a mechanical rather nected load of a system or the part of than an electrical function. the system under consideration. (22) Ground means a conducting con- (13) Device means a unit of an elec- nection, whether intentional or acci- trical system that is intended to carry dental, between an electrical circuit or but not utilize electrical energy. equipment and earth, or to some con- (14) Disconnecting means means a de- ducting body that serves in place of the vice, or group of devices, or other earth. means by which the conductors of a circuit can be disconnected from their (23) Grounded means connected to source of supply. earth or to some conducting body that serves in place of the earth. (15) Distribution panelboard means a single panel or a group of panel units (24) Grounded conductor means a sys- designed for assembly in the form of a tem or circuit conductor that is inten- single panel, including buses, and with tionally grounded. or without switches or automatic over- (25) Grounding conductor means a concurrent protective devices or both, for ductor used to connect equipment or the control of light, heat, or power cir- the grounded circuit of a wiring system cuits of small individual as well as ag- to a grounding electrode or electrodes. gregate capacity; designed to be placed (26) Guarded means covered, shielded, in a cabinet placed in or against a wall fenced, enclosed, or otherwise pro- or partition and accessible only from tected by means of suitable covers, cas- the front. ings, barriers, rails, screens, mats or (16) Enclosed means surrounded by a platforms to remove the likelihood of case that will prevent a person from approach or contact by persons or ob- accidentally contacting live parts. jects to a point of danger. (17) Equipment means a general term, (27) Isolated means not readily acces- including material, fittings, devices, sible to persons unless special means appliances, fixtures, apparatus, and the for access are used. like used as a part of, or in connection (28) Laundry area means an area con- with, an electrical installation. taining or designed to contain either a

125

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00135 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.803 24 CFR Ch. XX (4–1–19 Edition)

laundry tray, clothes washer and/or tion of an attachment plug. A single clothes dryer. receptacle is a single contact device (29) Lighting outlet means an outlet with no other contact device on the intended for the direct connection of a same yoke. A multiple receptacle is a lampholder, a lighting fixture, or a device with two or more contact de- pendant cord terminating in a vices on the same yoke. lampholder. (38) Receptacle outlet means an outlet (30) Manufactured home accessory where one or more receptacles are in- building or structure means any awning, stalled. cabana, ramada, storage cabinet, car- (39) Utilization equipment means port, fence, windbreak or porch estab- equipment that utilizes electric energy lished for the use of the occupant of for electronic, electromechanical, the manufactured home upon a manu- chemical, heating, lighting, or similar factured home lot. purposes. (31) Manufactured home service equip- (40) Voltage (of a circuit) means the ment means the equipment containing greatest root-mean-square (effective) the disconnecting means, overcurrent difference of potential between any two protective devices, and receptacles or conductors of the circuit concerned. other means for connecting a manufac- Some systems, such as 3-phase 4-wire, tured home feeder assembly. single-phase 3-wire, and 3-wire direct- (32) Outlet means a point on the wir- current may have various circuits of ing system at which current is taken various voltages. to supply utilization equipment. (41) Weatherproof means so con- (33) Panelboard means a single panel structed or protected that exposure to or group of panel units designed for as- the weather will not interfere with suc- sembly in the form of a single panel; cessful operation. Rainproof, raintight, including buses, automatic overcurrent or watertight equipment can fulfill the protective devices, and with or without requirements for weatherproof where switches for the control of light, heat, varying weather conditions other than or power circuits; designed to be placed wetness, such as snow, ice, dust, or in a cabinet or cutout box placed in or temperature extremes, are not a factor. against a wall or partition and acces- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 sible only from the front. FR 20679, Apr. 6, 1979, as amended at 78 FR (34) Raceway means any channel for 73989, Dec. 9, 2013] holding wires, cables, or busbars that is designed expressly for, and used solely § 3280.803 Power supply. for, this purpose. Raceways may be of (a) The power supply to the manufac- metal or insulating material, and the tured home shall be a feeder assembly term includes rigid metal conduit, consisting of not more than one listed rigid nonmetallic conduit, flexible 50 ampere manufactured home power- metal conduit, electrical metallic tub- supply cords, or a permanently ining, underfloor raceways, cellular con- stalled circuit. A manufactured home crete floor raceways, cellular metal that is factory-equipped with gas or floor raceways, surface raceways, oil-fired central heating equipment and structural raceways, wireways, and cooking appliances shall be permitted busways. to be provided with a listed manufac- (35) Raintight means so constructed tured home power-supply cord rated 40 or protected that exposure to a beating amperes. rain will not result in the entrance of (b) If the manufactured home has a water. power-supply cord, it shall be perma- (36) Readily accessible means capable nently attached to the distribution of being reached quickly for operation, panelboard or to a junction box perma- renewal, or inspection, without requir- nently connected to the distribution ing those to whom ready access is req- panelboard, with the free end termi- uisite to climb over or remove obsta- nating in an attachment plug cap. cles or to resort to portable ladders, (c) Cords with adapters and pigtail chairs, etc. (See Accessible.) ends, extension cords, and similar (37) Receptacle means a contact device items shall not be attached to, or installed at the outlet for the connec- shipped with, a manufactured home.

126

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00136 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.803

(d) A suitable clamp or the equiva- 50 amperes, 125/250 volts, intended for lent must be provided at the distribu- use with the 50-ampere, 125/250-volt re- tion panelboard knockout to afford ceptacle configuration, as shown below. strain relief for the cord to prevent The cap must be listed, by itself or as strain from being transmitted to the part of a power-supply cord assembly, terminals when the power supply cord for the purpose, and must be molded to is handled in its intended manner. or installed on the flexible cord so that (e) The cord shall be of an approved it is secured tightly to the cord at the type with four conductors, one of point where the cord enters the attach- which shall be identified by a contin- ment plug cap. If a right-angle cap is uous green color or a continuous green color with one or more yellow stripes used, the configuration must be so ori- for use as the grounding conductor. ented that the grounding member is (f) The attachment plug cap must be farthest from the cord. a 3-pole, 4-wire, grounding type, rated

(g) The overall length of a power-sup- cuit panelboard to the underside of the ply cord, measured from the end of the manufactured home floor. cord, including bared leads, to the face (j) Permanent provisions shall be of the attachment-plug cap shall not be made for the protection of the attach- less than 21 feet and shall not exceed ment-plug cap of the power supply cord 361⁄2 feet. The length of cord from the and any connector cord assembly or re- face of the attachment-plug cap to the ceptacle against corrosion and mechan- point where the cord enters the manu- ical damage if such devices are in an factured home shall not be less than 20 exterior location while the manufac- feet. tured home is in transit. (h) The power supply cord shall bear (k) Where the calculated load exceeds the following marking: ‘‘For use with 50 amperes or where a permanent feed- manufactured homes—40 amperes’’ or er is used, the supply shall be by means ‘‘For use with manufactured homes—50 of: amperes.’’ (1) One mast weatherhead installa- (i) Where the cord passes through tion installed in accordance with Arti- walls or floors, it must be protected by cle 230 of the National Electrical Code, means of conduits and bushings or the NFPA No. 70–2005, containing four con- equivalent. The cord is permitted to be tinuous insulated, color-coded, feeder installed within the manufactured conductors, one of which shall be an home walls, provided that a continuous equipment grounding conductor; or raceway having a maximum size of 11⁄4 inch is installed from the branch-cir-

127

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00137 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER09DE13.000 § 3280.804 24 CFR Ch. XX (4–1–19 Edition)

(2) A listed metal raceway or listed INSTALLED AND CONNECTED (SEE rigid nonmetallic conduit from the dis- INSTALLATION INSTRUCTIONS). connecting means in the manufactured home to the underside of the manufac- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR tured home, with provisions for the at- 4589, Feb. 12, 1987; 58 FR 55019, Oct. 25, 1993; tachment of a suitable junction box or 70 FR 72051, Nov. 30, 2005; 78 FR 73990, Dec. 9, fitting to the raceway on the underside 2013] of the manufactured home. The manufacturer must provide written installa- § 3280.804 Disconnecting means and tion instructions stating the proper branch-circuit protective equip- feeder conductor sizes for the raceway ment. and the size of the junction box to be (a) The branch-circuit equipment is used; or permitted to be combined with the dis- (3) Service equipment installed in or connecting means as a single assembly. on the manufactured home, provided Such a combination is permitted to be that all of the following conditions are designated as a distribution panel- met: board. If a fused distribution panel- (i) In its written installation instruc- board is used, the maximum fuse size tions, the manufacturer must include for the mains shall be plainly marked, information indicating that the home with the lettering at least 1/4-inch high must be secured in place by an anchor- and visible when fuses are changed. See ing system or installed on and secured Article 110–22 of NFPA 70–2005, Na- to a permanent foundation; tional Electrical Code (incorporated by (ii) The installation of the service reference, see § 3280.4), concerning the equipment complies with Article 230 of identification of each disconnecting the National Electrical Code, NFPA 70– means and each service, feeder, or 2005 (incorporated by reference, see branch circuit at the point where it § 3280.4). Exterior service equipment or originated, and the type of marking the enclosure in which it is to be in- needed. stalled must be weatherproof, and con- (b) Plug fuses and fuseholders shall ductors must be suitable for use in wet be tamper-resistant, Type ‘‘S,’’ en- locations; (iii) Means are provided for the con- closed in dead-front fuse panelboards. nection of the grounding electrode con- Electrical distribution panels conductor to the service equipment and taining circuit breakers shall also be routing it to the conductor outside the dead-front type. structure; (c) Disconnecting means. A single dis- (iv) Bonding and grounding of the connecting means must be provided in service must be in accordance with Ar- each manufactured home, consisting of ticle 250, NFPA 70–2005, National Elec- a circuit breaker, or a switch and fuses trical Code (incorporated by reference, and its accessories, installed in a read- see § 3280.4); ily accessible location near the point of (v) The manufacturer must include in entrance of the supply cord or conduc- its installation instructions one meth- tors into the manufactured home. The od of grounding the service equipment main circuit breakers or fuses must be at the installation site. The instruc- plainly marked ‘‘Main.’’ This equip- tions must clearly state that other ment must contain a solderless type of methods of grounding are found in Ar- grounding connector or bar for the pur- ticle 250 of NFPA 70–2005, National poses of grounding, with sufficient ter- Electrical Code; minals for all grounding conductors. (vi) The minimum size grounding The neutral bar termination of the electrode conductor must be specified grounded circuit conductors must be in the instructions; and insulated in accordance with (vi) A red warning label must be § 3280.809(b). mounted on or adjacent to the service (d) The disconnecting equipment equipment. The label must state the shall have a rating suitable for the con- following: WARNING—DO NOT PRO- nected load. The distribution equip- VIDE ELECTRICAL POWER UNTIL ment, either circuit breaker or fused THE GROUNDING ELECTRODE(S) IS type, shall be located a minimum of 24

128

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00138 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.805

inches from the bottom of such equip- (j) A 3 inch by 1–3/4 inch minimum ment to the floor level of the manufac- size tag made of etched, metal-stamped tured home. or embossed brass, stainless steel, an- (e) A distribution panelboard employ- odized or alclad aluminum not less ing a main circuit breaker must be than 0.020 inch thick, or other approval rated not less than 50 amperes and em- material (e.g., 0.005 inch plastic lami- ploy a 2-pole circuit breaker rated 40 nates) shall be permanently affixed on amperes for a 40-ampere supply cord, or the outside adjacent to the feeder as- 50 amperes for a 50-ampere supply cord. sembly entrance and shall read: This A distribution panelboard employing a connection for 120/240 Volt, 3–Pole, 4– disconnect switch and fuses must be Wire, 60 Hertz, llll Ampere Supply. rated not less than 60 amperes and The correct ampere rating shall be must employ a single, 2-pole fuseholder marked on the blank space. rated not less than 60-amperes with 40- (k) When a home is provided with in- or 50-ampere main fuses for 40- or 50- stalled service equipment, a single dis- ampere supply cords, respectively. The connecting means for disconnecting outside of the distribution panelboard the branch circuit conductors from the must be plainly marked with the fuse service entrance conductors must be size. provided in accordance with Article (f) The distribution panelboard must 230, Part VI of the National Electrical be located in an accessible location, Code, NFPA No. 70–2005. The dis- and must not be located in a bathroom connecting means shall be listed for or a clothes closet. A clear working use as service equipment. The dis- space at least 30 inches wide and 30 connecting means may be combined inches in front of the distribution pan- with the disconnect required by elboard must be provided. This space § 3280.804(c). The disconnecting means must extend from the floor to the top shall be rated not more than the am- of the distribution panelboard. Where pere supply or service capacity indi- used as switches, circuit breakers must cated on the tag required by paragraph be installed so that the center of the (l) of this section. grip of the operating handle of the cir- (l) When a home is provided with in- cuit breaker, when in its highest posi- stalled service equipment, the election, will not be more than 6 feet, 7 trical nameplate required by inches above the floor. § 3280.804(j) shall read: ‘‘This connection (g) Branch-circuit distribution equip- for 120/240 volt, 3 pole, 3 wire, 60 Hertz, ment shall be installed in each manu- llll Ampere Supply.’’ The correct factured home and shall include over- ampere rating shall be marked in the current protection for each branch cir- blank space. cuit consisting of either circuit break- [40 FR 58752, Dec. 18, 1975, as amended at 42 ers or fuses. FR 961, Jan. 4, 1977. Redesignated at 44 FR (1) The branch circuit overcurrent de- 20679, Apr. 6, 1979, as amended at 52 FR 4589, vices shall be rated: Feb. 12, 1987; 58 FR 55019, Oct. 25, 1993; 70 FR (i) Not more than the circuit conduc- 72051, Nov. 30, 2005; 78 FR 73990, Dec. 9, 2013] tors; and (ii) Not more than 150 percent of the § 3280.805 Branch circuits required. rating of a single appliance rated 13.3 (a) The number of branch circuits re- amperes or more which is supplied by quired shall be determined in accord- an individual branch circuit; but ance with the following: (iii) Not more than the fuse size (1) Lighting, based on 3 volt-amperes marked on the air conditioner or other per square foot times outside dimen- motor-operated appliance. sions of the manufactured home (cou- (h) A 15-ampere multiple receptacle pler excluded) divided by 120 volts shall be acceptable when connected to times amperes to determine number of a 20-ampere laundry circuit. 15 or 20 ampere lighting area circuits. (i) When circuit breakers are pro- e.g. [3 × length × width—[120 × (15 or 20)] vided for branch-circuit protection 240 = number of 15 or 20 ampere circuits. circuits shall be protected by 2-pole Lighting circuits are permitted to common or companion trip, or handle- serve built-in gas ovens with electric tied paired circuit breakers. service for lights, clocks, or timers, or

129

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00139 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.806 24 CFR Ch. XX (4–1–19 Edition)

for listed cord-connected garbage dis- lets. This circuit shall have no other posal units. outlets. See § 3280.806(a)(7). (2) Small Appliances. For the small ap- (vi) Bathroom receptacle outlets pliance load in kitchens, pantries, din- must be supplied by at least one 20-am- ing rooms, and breakfast rooms of pere branch circuit. Such circuits must manufactured homes, two or more 20- have no other outlets, except that it is ampere appliance branch circuits, in permissible to place the receptacle out- addition to the branch circuit specified let for a heat tape or pipe heating cable in paragraph (a)(1) of this section, must required by § 3280.806(d)(10) on a bath- be provided for all receptacle outlets in room circuit. (See § 3280.806(b).) these rooms, and such circuits must (b) [Reserved] have no other outlets. Countertop re- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 ceptacle outlets installed in the kitch- FR 20679, Apr. 6, 1979, as amended at 58 FR en must be supplied by not less than 55020, Oct. 25, 1993; 70 FR 72051, Nov. 30, 2005; two small appliance branch circuits. 78 FR 73991, Dec. 9, 2013] One or more of the small appliance branch circuits may also supply other § 3280.806 Receptacle outlets. receptacle outlets in the kitchen, pan- (a) All receptacle outlets shall be: try, dining room, and breakfast room. (1) Of grounding type; Receptacles installed solely for the (2) Installed according to Article 406.3 electrical supply to an electric clock of the National Electrical Code, NFPA and receptacles installed to provide No. 70–2005. power for supplemental equipment and (3) Except when supplying specific lighting on gas-fired ranges, ovens, or appliances, be parallel-blade, 15-am- counter-mounted cooking units are not pere, 125-volt, either single or duplex. subject to the requirements of this (b) All 125-volt, single-phase, 15- and paragraph (a)(2). 20-ampere receptacle outlets installed (3) General appliances (Including fur- outdoors, or in compartments acces- nace, water heater, range, and central or sible from outside the manufactured room air conditioner, etc.). There shall be home, and in bathrooms, including re- one or more circuits of adequate rating ceptacles in light fixtures, must have in accordance with the following: ground-fault circuit-interrupter pro- (i) The ampere rating of fixed appli- tection for personnel. Ground-fault cir- ances must not exceed 50 percent of the cuit-interrupter protection for per- circuit rating if lighting outlets are on sonnel must be provided for receptacles the same circuit (receptacles in the serving countertops in kitchens and re- kitchen, dining area, and laundry are ceptacle outlets located within 6 feet of not considered to be lighting outlets); a wet bar sink, except for receptacles (ii) For fixed appliances on a circuit installed for appliances in dedicated without lighting outlets, the sum of spaces, such as dishwashers, disposals, rated amperes shall not exceed the refrigerators, freezers, and laundry branch-circuit rating. Motor loads or equipment. other continuous duty loads shall not (c) There shall be an outlet of the exceed 80 percent of the branch circuit grounding type for each cord-connected rating. fixed appliance installed. (iii) The rating of a single cord and (d) Receptacle outlets required. Except plug connected appliances on a circuit in the bath, closet, and hall areas, re- having no other outlets, shall not ex- ceptacle outlets must be installed at ceed 80 percent of the circuit rating. wall spaces 2 feet or more wide, so that (iv) The rating of the range branch no point along the floor line is more circuit is based on the range demand as than 6 feet, measured horizontally, specified for ranges in § 3280.811(a)(5). from an outlet in that space. Recep- For central air conditioning, see Arti- tacle outlets in floors shall not be cle 440 of the National Electrical Code, counted as part of the required number NFPA No. 70–2005. of receptacle outlets, unless located (v) Where a laundry area is provided, within 18 inches of the wall. In addi- a 20 ampere branch circuit shall be pro- tion, a receptacle outlet must be in- vided to supply laundry receptacle out- stalled in the following locations:

130

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00140 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.807

(1) Over or adjacent to counter tops (iii) Room dividers of the lattice in the kitchen (at least one on each type, less than 8 feet long, not solid side of the sink if counter tops are on within 6 inches of the floor, each side and 12 inches or over in (iv) Wall space afforded by bar type width). counters. (2) Adjacent to the refrigerator and (e) Receptacle outlets shall not be in- free-standing gas-range space. A duplex stalled in or within reach (30 inches) of receptacle may serve as the outlet for a shower or bathtub space. a countertop and a refrigerator. (f) Receptacle outlets shall not be in- (3) At counter top spaces for built-in stalled above electric baseboard heat- vanities. ers. (4) At counter top spaces under wall- (g) Receptacles must not be in a face- mounted cabinets. up position in any countertop. (5) In the wall, at the nearest point [40 FR 58752, Dec. 18, 1975. Redesignated at 44 where a bar type counter attaches to FR 20679, Apr. 6, 1979, as amended at 58 FR the wall. 55020, Oct. 25, 1993; 70 FR 72052, Nov. 30, 2005; (6) In the wall at the nearest point 78 FR 73991, Dec. 9, 2013] where a fixed room divider attaches to the wall. § 3280.807 Fixtures and appliances. (7) In laundry areas within 6 feet of (a) Electrical materials, devices, ap- the intended location of the appli- pliances, fittings, and other equipment ance(s). installed, intended for use in, or at- (8) At least one receptacle outlet tached to the manufactured home shall shall be installed outdoors. be approved for the application and (9) At least one wall receptacle outlet shall be connected in an approved man- shall be installed in bathrooms within ner when in service. Facilities shall be 36 inches (914 mm) of the outside edge provided to securely fasten appliances of each basin. The receptacle outlet when the manufactured home is in must be located on a wall that is adja- transit. (See § 3280.809.) cent to the basin location. This recep- (b) Specifically listed pendant-type tacle is in addition to any receptacle fixtures or pendant cords shall be per- that is part of a lighting fixture or ap- mitted in manufactured homes. pliance. The receptacle must not be en- (c) Where a lighting fixture is in- closed within a bathroom cabinet or stalled over a bathtub or in a shower vanity. stall, it must be listed for wet loca- (10) On the underside of the home for tions. [See also Article 410.4(D) of the the connection of pipe heating cable(s) National Electrical Code NFPA No. 70– or heat tape(s), and the outlet must: 2005.] (i) Be located within 2 feet of the cold (d) The switch for shower lighting water inlet; fixtures and exhaust fans located over (ii) Be connected to an interior a tub or in a shower stall shall be lo- branch circuit, other than a small ap- cated outside the tub shower space. pliance branch circuit; (See § 3280.806(e).) (iii) Be located on a circuit where all (e) Any combustible wall or ceiling of the outlets are on the load side of finish exposed between the edge of a the ground-fault circuit-interrupter fixture canopy, or pan and an outlet protection for personnel; and box shall be covered with non-combus- (iv) Not be considered as the recep- tible or limited combustible material. tacle outlet required by paragraph (8) (f) Every appliance shall be acces- of this section. sible for inspection, service, repair, or (11) Receptacle outlets are not re- replacement without removal of per- quired in the following locations: manent construction. (i) Wall space occupied by built-in [40 FR 58752, Dec. 18, 1975. Redesignated at 44 kitchen or wardrobe cabinets, FR 20679, Apr. 6, 1979, as amended at 52 FR (ii) Wall space behind doors which 35543, Sept. 22, 1987; 58 FR 55020, Oct. 25, 1993; may be opened fully against a wall sur- 70 FR 72052, Nov. 30, 2005; 78 FR 73991, Dec. 9, face, 2013]

131

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00141 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.808 24 CFR Ch. XX (4–1–19 Edition)

§ 3280.808 Wiring methods and mate- must be provided, one inside and one rials. outside of the enclosure. Rigid non- (a) Except as specifically permitted metallic conduit or electrical non- by this part, the wiring methods and metallic tubing is permitted. All cut materials specified in the National ends of conduit and tubing must be Electrical Code, NFPA No. 70–2005, reamed or otherwise finished to remove must be used in manufactured homes. rough edges. (b) Nonmetallic outlet boxes shall be (i) Switches must be rated as follows: acceptable only with nonmetallic (1) For lighting circuits, switches cable. must be rated not less than 10 amperes, (c) Nonmetallic cable located 15 120 to 125 volts, and in no case less than inches or less above the floor, if ex- the connected load. posed, shall be protected from physical (2) For motors or other loads, switch- damage by covering boards, guard es shall have ampere or horsepower strips, or conduit. Cable likely to be ratings, or both, adequate for loads damaged by stowage shall be so pro- controlled. (An ‘‘AC general-use’’ snap tected in all cases. switch shall be permitted to control a (d) Nonmetallic sheathed cable shall motor 2 horsepower or less with full- be secured by staples, straps, or similar load current not over 80 percent of the fittings so designed and installed as switch ampere rating). not to injure any cable. Cable shall be (j) At least 4 inches of free conductor secured in place at intervals not ex- shall be left at each outlet box except ceeding 41⁄2 feet and within 12 inches where conductors are intended to loop from every cabinet, box or fitting. without joints. (e) Metal-clad and nonmetallic cables (k) When outdoor or under-chassis shall be permitted to pass through the line-voltage (120 volts, nominal or centers of the wide side of 2-inch by 4- higher) wiring is exposed to moisture inch studs. However, they shall be pro- or physical damage, it must be protected where they pass through 2-inch tected by rigid metal conduit or inter- by 2-inch studs or at other studs or mediate metal conduit. The conductors frames where the cable or armor would must be suitable for wet locations. be less than 11⁄2 inches from the inside Electrical metallic tubing or rigid non- or outside surface of the studs when metallic conduit is permitted to be the wall covering materials are in con- used when closely routed against tact with the studs. Steel plates on frames and equipment enclosures. each side of the cable, or a tube, with (l) Outlet boxes of dimensions less not less than No. 16 MSG wall thick- than those required in Table 314.16(A) ness shall be required to protect the of the National Electrical Code, NFPA cable. These plates or tubes shall be se- No. 70–2005, are permitted provided the curely held in place. box has been tested and approved for (f) Where metal faceplates are used, that purpose. they must be effectively grounded. (m) Boxes, fittings, and cabinets (g) If the range, clothes dryer, or shall be securely fastened in place, and similar appliance is connected by shall be supported from a structural metalclad cable or flexible conduit, a member of the home, either directly or length of not less than three feet of by using a substantial brace. Snap-in free cable or conduit shall be provided type boxes provided with special wall to permit moving the appliance. Type or ceiling brackets that securely fasten NM or Type SE cable shall not be used boxes in walls or ceilings shall be per- to connect a range or a dryer. This mitted. shall not prohibit the use of Type NM (n) Outlet boxes must fit closely to or Type SE cable between the branch openings in combustible walls and ceil- circuit overcurrent protective device ings and must be flush with the finish and a junction box or range or dryer re- surface or project therefrom. In walls ceptacle. and ceilings of noncombustible mate- (h) Where rigid metal conduit or in- rial, outlet boxes and fittings must be termediate metal conduit is termi- installed so that the front edge of the nated at an enclosure with a locknut box or fitting will not be set back from and bushing connection, two locknuts the finished surface more than 1⁄4 inch.

132

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00142 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.809

Plaster, drywall, or plasterboard sur- the service-entrance equipment located faces that are broken or incomplete adjacent to the manufactured home lo- must be repaired so that there will be cation. Neither the frame of the manu- no gaps or open spaces greater than 1⁄8 factured home nor the frame of any ap- inch at the edge of the box or fitting. pliance shall be connected to the neu- (o) Appliances having branch-circuit tral conductor in the manufactured terminal connections which operate at home. temperatures higher than 60 °C (140 °F) (b) Insulated neutral. (1) The grounded shall have circuit conductors as de- circuit conductor (neutral) shall be inscribed in paragraphs (p) (1) and (2) of sulated from the grounding conductors this section: and from equipment enclosures and (1) Branch-circuit conductors having other grounded parts. The grounded an insulation suitable for the tempera- (neutral) circuit terminals in the dis- ture encountered shall be permitted to tribution panelboard and in ranges, run directly to the appliance. clothes dryers, counter-mounted cook- (2) Conductors having an insulation ing units, and wall-mounted ovens suitable for the temperature encoun- shall be insulated from the equipment tered may be run from the appliance enclosure. Bonding screws, straps, or terminal connections to a readily ac- buses in the distribution panelboard or cessible outlet box placed at least one in appliances shall be removed and dis- foot from the appliance. If provided, carded. However, when service equip- these conductors must be in a suitable ment is installed on the manufactured raceway or Type AC or MC cable, of at home, the neutral and the ground bus least 18 inches but not more than 6 feet may be connected in the distribution in length. panel. (p) A substantial brace for securing a (2) Connection of ranges and clothes box, fitting, or cabinet must be as de- dryers with 120/240 volt, 3-wire ratings scribed in the National Electrical Code, shall be made with 4 conductor cord NFPA 70–2005, Article 314.23(B), or the and 3 pole, 4-wire grounding type plugs, brace, including the fastening mecha- or by type AC metal clad conductors nism to attach the brace to the home enclosed in flexible metal conduit. For structure, must withstand a force of 50 120 volt rated devices a 3-conductor lbs. applied to the brace at the in- cord and a 2-pole, 3-wire grounding tended point(s) of attachment for the type plug shall be permitted. box in a direction perpendicular to the (c) Equipment grounding means. (1) surface on which the box is installed. The green-colored grounding wire in (q) Where the sheathing of NM cable the supply cord or permanent feeder has been cut or damaged and visual in- wiring shall be connected to the spection reveals that the conductor grounding bus in the distribution pan- and its insulation has not been dam- elboard or disconnecting means. aged, it shall be permitted to repair the (2) In the electrical system, all ex- cable sheath with electrical tape which posed metal parts, enclosures, frames, provides equivalent protection to the lamp fixture canopies, etc., shall be ef- sheath. fectively bonded to the grounding ter- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 minal or enclosure of the distribution FR 20679, Apr. 6, 1979, as amended at 58 FR panelboard. 55020, Oct. 25, 1993; 70 FR 72052, Nov. 30, 2005; (3) Cord-connected appliances, such 78 FR 73991, Dec. 9, 2013] as washing machines, clothes dryers, refrigerators, and the electrical system § 3280.809 Grounding. of gas ranges, etc., shall be grounded (a) General. Grounding of both elec- by means of an approved cord with trical and nonelectrical metal parts in grounding conductor and grounding- a manufactured home shall be through type attachment plug. connection to a grounding bus in the (d) Bonding of noncurrent-carrying manufactured home distribution panel- metal parts. (1) All exposed noncurrent- board. The grounding bus shall be carrying metal parts that may become grounded through the green-colored energized shall be effectively bonded to conductor in the supply cord or the the grounding terminal or enclosure of feeder wiring to the service ground in the distribution panelboard. A bonding

133

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00143 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.810 24 CFR Ch. XX (4–1–19 Edition)

conductor shall be connected between Fixtures or appliances which are listed each distribution panelboard and an ac- shall not be required to withstand the cessible terminal on the chassis. dielectric strength test. (2) Grounding terminals shall be of (b) Each manufactured home shall be the solderless type and approved as subject to: pressure-terminal connectors recog- (1) A continuity test to assure that nized for the wire size used. Star wash- metallic parts are properly bonded; ers or other approved paint-penetrating (2) Operational test to demonstrate fitting shall be used to bond terminals that all equipment, except water heat- to chassis or other coated areas. The ers, electric furnaces, dishwashers, bonding conductor shall be solid or clothes washers/dryers, and portable stranded, insulated or bare and shall be appliances, is connected and in work- No. 8 copper minimum, or equal. The ing order; and bonding conductor shall be routed so as (3) Polarity checks to determine that not to be exposed to physical damage. connections have been properly made. Protection can be afforded by the con- Visual verification shall be an accept- figuration of the chassis. able check. (3) Metallic gas, water and waste [58 FR 55020, Oct. 25, 1993] pipes and metallic air-circulating ducts shall be considered bonded if they are § 3280.811 Calculations. connected to the terminal on the chas- (a) The following method shall be sis (see § 3280.809) by clamps, solderless employed in computing the supply cord connectors, or by suitable grounding- and distribution-panelboard load for type straps. each feeder assembly for each manufac- (4) Any metallic roof and exterior tured home and shall be based on a 3- covering shall be considered bonded if wire, 120/240 volt supply with 120 volt (i) the metal panels overlap one an- loads balanced between the two legs of other and are securely attached to the the 3-wire system. The total load for wood or metal frame parts by metallic determining power supply by this fasteners, and (ii) if the lower panel of method is the summation of: the metallic exterior covering is se- (1) Lighting and small appliance load cured by metallic fasteners at a cross as calculated below: member of the chassis by two metal (i) Lighting volt-amperes: Length straps per manufactured home unit or time width of manufactured home (out- section at opposite ends. The bonding side dimensions exclusive of coupler) strap material shall be a minimum of 4 times 3 volt-amperes per square foot; inches in width of material equivalent e.g. Length × width × 3 = lighting volt- to the skin or a material of equal or amperes. better electrical conductivity. The (ii) Small appliance volt-amperes: straps shall be fastened with paint-pen- Number of circuits time 1,500 volt-am- etrating fittings (such as screws and peres for each 20-ampere appliance re- star washers or equivalent). ceptacle circuit (see definition of ‘‘Ap- [40 FR 58752, Dec. 18, 1975. Redesignated at 44 pliance Portable’’ with Note): e.g. FR 20679, Apr. 6, 1979, as amended at 58 FR Number of circuits × 1,500 = small ap- 55020, Oct. 25, 1993] pliance volt-amperes. (iii) Total volts-amperes: Lighting § 3280.810 Electrical testing. volts-amperes plus small appliance = (a) Dielectric strength test. The wiring total volt-amperes. of each manufactured home shall be (iv) First 3,000 total volts-amperes at subjected to a 1-minute, 900 to 1079 volt 100 percent plus remainder at 35 per- dielectric strength test (with all cent = watts to be divided by 240 volts switches closed) between live parts and to obtain current (amperes) per leg. the manufactured home ground, and (2) Nameplate amperes for motors neutral and the manufactured home and heater loads (exhaust fans, air con- ground. Alternatively, the test may be ditioners, electric, gas, or oil heating). performed at 1080 to 1250 volts for 1 sec- Omit smaller of air conditioning and ond. This test shall be performed after heating except include blower motor if branch circuits are complete and after used as air conditioner evaporator fixtures or appliances are installed. motor. When an air conditioner is not

134

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00144 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.811

installed and a 40-ampere power supply homes served by single 3-wire 120/240 cord is provided, allow 15 amperes per volt set of feeder conductors with an leg for air conditioning. ampacity of 100 or greater. The total (3) 25 percent of current of largest load for determining the feeder motor in paragraph (a)(2) of this sec- ampacity may be computed in accord- tion. ance with the following table instead of (4) Total of nameplate amperes for: the method previously specified. Feed- Disposal, dishwasher, water heater, er conductors whose demand load is de- clothes dryer, wall-mounted oven, termined by this optional calculation cooking units. Where number of these are permitted to have the neutral load appliances exceeds three, use 75 percent determined by Article 220.61 of the Na- of total. tional Electrical Code, NFPA No. 70– (5) Derive amperes for free-standing 2005. The loads identified in the table range (as distinguished from separate as ‘‘other load’’ and as ‘‘Remainder of ovens and cooking units) by dividing other load’’ must include the following: values below by 240 volts. (1) 1500 volt-amperes for each 2-wire, Nameplate rating (in watts) Use (in watts) 20-ampere small appliance branch circuit and each laundry branch circuit 10,000 or less ...... 80 percent of rating. specified. 10,001 to 12,500 ...... 8,000. 12,501 to 13,500 ...... 8,400. (2) 3 volt-amperes per square foot for 13,501 to 14,500 ...... 8,800. general lighting and general-use recep- 14,501 to 15,500 ...... 9,200. tacles. 15,501 to 16,500 ...... 9,600. 16,501 to 17,500 ...... 10,000. (3) The nameplate rating of all fixed appliances, ranges, wall-mounted (6) If outlets or circuits are provided ovens, counter-mounted cooking units, for other than factory-installed appli- and including 4 or more separately con- ances, include the anticipated load. trolled space heating loads. The following example is given to illus- (4) The nameplate ampere or kVA trate the application of this Method of rating of all motors and of all low- Calculation: power-factor loads. Example: A manufactured home is 70 × 10 (5) The largest of the following: feet and has two portable appliance circuits, (i) Air conditioning load; a 1000 volt-ampere 240 volt heater, a 200 volt- (ii) The 65 percent diversified demand ampere 120 volt exhaust fan, a 400 volts-am- of the central electric space heating pere 120 volt dishwasher and a 7000 volt-am- load; pere electric range. (iii) The 65 percent diversified demand of the load of less than four sepa- Lighting and small appliance load Volt- ampheres rately-controlled electric space heating Lighting 70 × 10 × 3 ...... 2,100 units. Small Appliance ...... 3,000 (iv) The connected load of four or more separately-controlled electric Total ...... 5,100 1st. 3,000 Volt-Ampheres at 100% ...... 3,000 space heating units. Remainder (5,100 ¥3,000 = 2,100, at 35% ...... 735 OPTIONAL CALCULATION FOR MANUFACTURED Total ...... 3,735 HOMES WITH 110-AMPERE OR LARGER SERVICE

Amperes Amperes Demand per leg A per leg B Load (in kilowatt or kilovoltampere) factor (percent) Lighting and small Appliance ...... 15.5 15.5 Heater 240 volt ...... 4.1 4.1 Air-conditioning and cooling including heat pump Fan 120 volt ...... 1.7 ...... compressors ...... 100 Dishwasher 120 volt ...... 3.3 Central electric space heating ...... 65 Range ...... 23.3 23.3 Less than 4 separately controlled electric space heating units ...... 65 Total ...... 44.6 46.2 1st 10 kW of all other load ...... 100 Note: Based on the higher current calculated for either leg, Remainder of other load ...... 40 use one 50–A supply cord.

(b) The following is an optional [40 FR 58752, Dec. 18, 1975. Redesignated at 44 method of calculation for lighting and FR 20679, Apr. 6, 1979, as amended at 58 FR appliance loads for manufactured 55021, Oct. 25, 1993; 70 FR 72052, Nov. 30, 2005]

135

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00145 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.812 24 CFR Ch. XX (4–1–19 Edition)

§ 3280.812 Wiring of expandable units tag must have a minimum size of not and dual units. less than 3 inches × 13⁄4 inches. (a) Expandable or multiple unit man- [40 FR 58752, Dec. 18, 1975, as amended at 42 ufactured homes shall use fixed-type FR 961, Jan. 4, 1977. Redesignated at 44 FR wiring methods and materials for con- 20679, Apr. 6, 1979, as amended at 58 FR 55021, necting such units to each other. Oct. 25, 1993; 78 FR 73992, Dec. 9, 2013] (b) Expandable or multiple unit manufactured homes not having perma- § 3280.814 Painting of wiring. nently installed feeders and which are During painting or staining of the to be moved from one location to an- manufactured home, it shall be per- other, shall be permitted to have disconnecting means with branch circuit mitted to paint metal raceways (except protective equipment in each unit where grounding continuity would be when so located that after assembly or reduced) or the sheath of the non- joining together of units the require- metallic cable. Some arrangement, ments of § 3280.803 will be met. however, shall be made so that no paint shall be applied to the individual § 3280.813 Outdoor outlets, fixtures, wires, as the color coding may be oblit- air-conditioning equipment, etc. erated by the paint. (a) Outdoor fixtures and equipment shall be listed for use in wet locations, § 3280.815 Polarization. except that if located on the underside (a)(1) Except as provided in para- of the home or located under roof ex- graph (a)(2) of this section, the white tensions or similarly protected loca- conductor must be employed for the tions, they may be listed for use in grounded (neutral) circuit conductors damp locations. only and must be connected to the (b) A manufactured home provided with a branch circuit designed to ener- white terminal or lead on receptacle gize outside heating equipment or air- outlets and fixtures. The grounded con- conditioning equipment, other than ductor must be the unswitched wire in room air conditioners, or both, located switched circuits. outside the manufactured home, other (2) A cable containing an insulated than room air conditioners, must have conductor with a white or natural gray such branch-circuit conductors termi- outer finish or a marking of three con- nate in a listed outlet box, or dis- tinuous white stripes may be used for connecting means, located on the out- single-pole, three-way, or four-way side of the manufactured home. switch loops, where this conductor is (1) A label must be permanently af- used for the supply to the switch, but fixed adjacent to the outlet box. The not as a return conductor from the label must be not less than 0.020-inches switch to the switched outlet. In these thick etched brass, stainless steel, an- applications, the conductor with white odized or alclad aluminum, or equiva- or natural gray insulation or with lent, and must not be less than 3 inches three continuous white stripes must be × 13⁄4 inches in size. permanently re-identified to indicate (2)(i) The label must include the correct voltage and ampere rating and the its use by painting or other effective following information: means at its terminations and at each location where the conductor is visible THIS CONNECTION IS FOR HEATING and accessible. AND/OR AIR-CONDITIONING EQUIPMENT. (b) If the identified (white) conductor THE BRANCH CIRCUIT IS RATED AT NOT MORE THANllAMPERES, ATllVOLTS, of a cable is used for other than 60–HERTZ,llCONDUCTOR AMPACITY. A grounded conductors or for other than DISCONNECTING MEANS IS LOCATED switch loops as explained above (for a WITHIN SIGHT OF THE EQUIPMENT. 240 volt circuit for example), the con- (ii) The correct voltage and ampere ductor shall be finished in a color other rating shall be given. The tag must be than white at each outlet where the not less than 0.020-inches thick etched conductors are visible and accessible. brass, stainless steel, anodized or alclad aluminum, or equivalent. The

136

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00146 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3280.904

(c) Green-colored wires or green with (e) Lights means those safety lights yellow stripe shall be used for ground- and associated wiring required by ap- ing conductors only. plicable U.S. Department of Transpor- tation regulations. [40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR (f) Transportation system, (Same as 55021, Oct. 25, 1993; 78 FR 73992, Dec. 9, 2013] chassis, above). (g) Highway, includes all roads and § 3280.816 Examination of equipment streets to be legally used in trans- for safety. porting the manufactured home. The examination or inspection of [40 FR 58752, Dec. 18, 1975. Redesignated at 44 equipment for safety, according to this FR 20679, Apr. 6, 1979, as amended at 47 FR standard, shall be conducted under uni- 28093, June 29, 1982] form conditions and by organizations properly equipped and qualified for ex- § 3280.903 General requirements for perimental testing, inspections of the designing the structure to with- run of goods at factories, and service- stand transportation shock and vi- value determinations through field ex- bration. aminations. (a) The cumulative effect of highway transportation shock and vibration Subpart J—Transportation upon a manufactured home structure may result in incremental degradation § 3280.901 Scope. of its designed performance in terms of Subpart J of this standard covers the providing a safe, healthy and durable general requirement for designing the dwelling. Therefore, the manufactured structure of the manufactured home to home shall be designed, in terms of its fully withstand the adverse effects of structural, plumbing, mechanical and transportation shock and vibration electrical systems, to fully withstand without degradation of the integrated such transportation forces during its structure or of its component parts and intended life. (See §§ 3280.303(c) and the specific requirements pertaining to 3280.305(a)). the transportation system and its rela- (b) Particular attention shall be tionship to the structure. given to maintaining watertight integrity and conserving energy by assuring § 3280.902 Definitions. that structural components in the roof (a) Chassis means the entire transpor- and walls (and their interfaces with tation system comprising the following vents, windows, doors, etc.) are capable subsystems: drawbar and coupling of resisting highway shock and vibra- mechanism, frame, running gear as- tion forces during primary and subse- sembly, and lights. quent secondary transportation moves. (b) Drawbar and coupling mechanism (c) In place of an engineering anal- means the rigid assembly, (usually an ysis, either of the following may be ac- A frame) upon which is mounted a cou- cepted: pling mechanism, which connects the (1) Documented technical data of manufactured home’s frame to the tow- suitable highway tests which were con- ing vehicle. ducted to simulate transportation (c) Frame means the fabricated rigid loads and conditions; or substructure which provides consider- (2) Acceptable documented evidence able support to the affixed manufac- of actual transportation experience tured home structure both during which meets the intent of this subpart. transport and on-site; and also provides a platform for securement of the run- § 3280.904 Specific requirements for ning gear assembly, the drawbar and designing the transportation sys- coupling mechanism. tem. (d) Running gear assembly means the (a) General. The entire system (frame, subsystem consisting of suspension drawbar and coupling mechanism, run- springs, axles, bearings, wheels, hubs, ning gear assembly, and lights) shall be tires, and brakes, with their related designed and constructed as an inte- hardware. grated, balanced and durable unit

137

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00147 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3280.904 24 CFR Ch. XX (4–1–19 Edition)

which is safe and suitable for its speci- load resulting from highway movement fied use during the intended life of the but shall not be required to exceed manufactured home. In operation, the twice the dead load. The integrated de- transportation system (supporting the sign shall be capable of insuring rigid- manufactured home structure and its ity and structural integrity of the com- contents) shall effectively respond to plete manufactured home structure the control of the braking, while trav- and to insure against deformation of eling at applicable towing vehicle in structural or finish members during terms of tracking and highway speeds the intended life of the home. and in normal highway traffic condi- (4) Running gear assembly. (i) The run- tions. ning gear assembly, as part of the chas- NOTE: While the majority of manufactured sis, shall be designed to perform, as a homes utilize a fabricated steel frame assem- balanced system, in order to effectively bly, upon which the manufactured home sustain the designed loads set forth in structure is constructed, it is not the intent § 3280.904(b)(3) and to provide for dura- of this standard to limit innovation. There- ble dependable safe mobility of the fore, other concepts, such as integrating the frame function into the manufactured home manufactured home. It shall be de- structure, are acceptable provided that such signed to accept shock and vibration, design meets the intent and requirements of both from the highway and the towing this part). vehicle and effectively dampen these (b) Specific requirements—(1) Drawbar. forces so as to protect the manufac- The drawbar shall be constructed of tured home structure from damage and sufficient strength, rigidity and dura- fatigue. Its components shall be de- bility to safely withstand those dy- signed to facilitate routine mainte- namic forces experienced during high- nance, inspection and replacement. way transportation. It shall be se- (ii) Location of the running gear as- curely fastened to the manufactured sembly shall be determined by docu- home frame by either a continuous mented engineering analysis, taking weld or by bolting. into account the gross weight (includ- (2) Coupling mechanism. The coupling ing all contents), total length of the mechanism (which is usually of the manufactured home, the necessary cou- socket type) shall be securely fastened pling hitch weight, span distance, and to the drawbar in such a manner as to turning radius. The coupling weight assure safe and effective transfer of the shall be not less than 12 percent nor maximum loads, including dynamic more than 25 percent of the gross loads, between the manufactured home weight. structure and the hitch-assembly of (5) Spring assemblies. Spring assem- the towing vehicle. The coupling shall blies (springs, hangers, shackles, bush- be equipped with a manually operated ings and mounting bolts) shall be capa- mechanism so adapted as to prevent ble of withstanding all the design loads disengagement of the unit while in op- as outlined in § 3280.904(b)(3) without eration. The coupling shall be so de- exceeding maximum allowable stresses signed that it can be disconnected re- for design spring assembly life as rec- gardless of the angle of the manufac- ommended by the spring assembly tured home to the towing vehicle. With manufacturer. The capacity of the the manufactured home parked on spring system shall assure, that under level ground, the center of the socket maximum operating load conditions, of the coupler shall not be less than 20 sufficient clearance shall be main- inches nor more than 26 inches from tained between the tire and manufac- ground level. tured home frame or structure to per- (3) Chassis. The chassis, in conjunc- mit unimpeded wheel movement and tion with the manufactured home for changing tires. structure, shall be designed and con- (6) Axles. Axles, and their connecting structed to effectively sustain the de- hardware, shall be capable of with- signed loads consisting of the dead load standing all of the design loads out- plus a minimum of 3 pounds per square lined in § 3280.904(b)(3) without exceed- foot floor load, (example: free-standing ing maximum allowable stresses for de- range, refrigerator, and loose fur- sign axle life as recommended by the niture) and the superimposed dynamic axle manufacturer. The number of

138

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00148 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD Pt. 3282

axles required to provide a safe tow and 3282.13 Voluntary certification. good ride characteristics shall be de- 3282.14 Alternative construction of manu- termined and documented by engineer- factured homes. ing analysis. Those alternatives listed 3282.15 Exemption for recreational vehicles. in § 3280.903(c) may be accepted in place 3282.16 Incorporation by reference. of such an analysis. Subpart B—Formal Procedures (7) Hubs and bearings. Hubs and bearings shall meet the requirements of 3282.51 Scope. § 3280.904(b)(3) and good engineering 3282.52 Address of communications. practice. Both of these components 3282.53 Service of process on foreign manu- shall be accessible for inspection, rou- facturers and importers. tine maintenance and replacement of 3282.54 Public information. parts. (8) Tires, wheels and rims. Tires, Subpart C—Rules and Rulemaking wheels and rims shall meet the require- Procedures ments of § 3280.904(b)(3). Tires shall be 3282.101 Generally. selected for anticipated usage. 3282.111 Petitions for reconsideration of (9) Brake assemblies. (i) The number, final rules. type, size and design of brake assem- 3282.113 Interpretative bulletins. blies required to assist the towing vehicle in providing effective control and Subpart D—Informal and Formal Presen- stopping of the manufactured home tations of Views, Hearings and Inves- shall be determined and documented by tigations engineering analysis. Those alter- 3282.151 Applicability and scope. natives listed in § 3280.903(c) may be ac- 3282.152 Procedures to present views and cepted in place of such an analysis. evidence. (ii) Brakes on the towing vehicle and 3282.153 Public participation in formal or the manufactured home shall be capa- informal presentation of views. ble of assuring that the maximum stop- 3282.154 Petitions for formal or informal ping distance from an initial velocity presentations of views, and requests for of 20 miles per hour does not exceed 40 extraordinary interim relief. feet (U.S. Department of Transpor- 3282.155 Investigations. tation Regulations). 3282.156 Petitions for investigations. (10) Lights and associated wiring. High- Subpart E—Manufacturer Inspection and way safety electrical lights and associ- Certification Requirements ated wiring shall conform to applicable Federal requirements in terms of loca- 3282.201 Scope and purpose. tion and performance. The manufac- 3282.202 Primary inspection agency con- turer shall have the option of meeting tracts. this requirement by utilizing a tem- 3282.203 DAPIA services. porary light/wiring harness provided by 3282.204 IPIA services. the manufactured home transportation 3282.205 Certification requirements. carrier. 3282.206 Disagreement with IPIA or DAPIA. 3282.207 Manufactured home consumer manual requirements. PART 3282—MANUFACTURED 3282.208 Remedial actions—general descrip- HOME PROCEDURAL AND EN- tion. FORCEMENT REGULATIONS 3282.209 Report requirements. 3282.210 Payment of monitoring fee. Subpart A—General 3282.211 Record of purchasers. Sec. Subpart F—Retailer and Distributor 3282.1 Scope and purpose. Responsibilities 3282.6 Separability of provisions. 3282.7 Definitions. 3282.251 Scope and purpose. 3282.8 Applicability. 3282.252 Prohibition of sale. 3282.9 Computation of time. 3282.253 Removal of prohibition of sale. 3282.10 Civil and criminal penalties. 3282.254 Distributor and retailer alterations. 3282.11 Preemption and reciprocity. 3282.255 Completion of information card. 3282.12 Excluded structures—modular 3282.256 Distributor or retailer complaint homes. handling.

139

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00149 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Pt. 3282 24 CFR Ch. XX (4–1–19 Edition)

Subpart G—State Administrative Agencies 3282.416 Oversight of notification and correction activities. 3282.301 General—scope. 3282.417 Recordkeeping requirements. 3282.302 State plan. 3282.418 Factors for appropriateness and 3282.303 State plan—suggested provisions. amount of civil penalties. 3282.304 Inadequate State plan. 3282.305 State plan approval. 3282.306 Withdrawal of State approval. Subpart J—Monitoring of Primary 3282.307 Monitoring inspection fee establish- Inspection Agencies ment and distribution. 3282.308 State participation in monitoring 3282.451 General. of primary inspection agencies. 3282.452 Participation in monitoring. 3282.309 Formal and informal presentations 3282.453 Frequency and extent of moni- of views held by SAAs. toring.

Subpart H—Primary Inspection Agencies Subpart K—Departmental Oversight

3282.351 General. 3282.501 General. 3282.352 State exclusive IPIA functions. 3282.502 Departmental implementation. 3282.353 Submission format. 3282.503 Determinations and hearings. 3282.354 Submittal of false information or refusal to submit information. 3282.355 Submission acceptance. Subpart L—Manufacturer, IPIA and SAA 3282.356 Disqualification and requalification Reports of primary inspection agencies. 3282.357 Background and experience. 3282.551 Scope and purpose. 3282.358 Personnel. 3282.552 Manufacturer reports for joint mon- 3282.359 Conflict of interest. itoring fees. 3282.360 PIA acceptance of product certifi- 3282.553 IPIA reports. cation programs or listings. 3282.554 SAA reports. 3282.361 Design Approval Primary Inspec- tion Agency (DAPIA). Subpart M—On-Site Completion of 3282.362 Production Inspection Primary In- Construction of Manufactured Homes spection Agencies (IPIAs). 3282.363 Right of entry and inspection. 3282.601 Purpose and applicability. 3282.364 Inspection responsibilities and co- 3282.602 Construction qualifying for on-site ordination. completion. 3282.365 Forwarding monitoring fee. 3282.366 Notification and correction cam- 3282.603 Request for approval; DAPIA re- paign responsibilities. view, notification, and approval. 3282.604 DAPIA responsibilities. Subpart I—Consumer Complaint Handling 3282.605 Requirements applicable to comple- and Remedial Actions tion of construction. 3282.606 Consumer information. 3282.401 Purpose and scope. 3282.607 IPIA responsibilities. 3282.402 General provisions. 3282.608 Manufacturer responsibilities. 3282.403 Consumer complaint and informa- 3282.609 Revocation or amendment of tion referral. 3282.404 Manufacturers’ determinations and DAPIA approval. related concurrences. 3282.610 Failure to comply with the proce- 3282.405 Notification pursuant to manufac- dures of this subpart. turer’s determination. 3282.611 Compliance with this subpart. 3282.406 Required manufacturer correction. AUTHORITY: 28 U.S.C. 2461; 42 U.S.C. 3535(d), 3282.407 Voluntary compliance with the notification and correction requirements 5403, and 5424. under the Act. EFFECTIVE DATE NOTE: At 83 FR 9454, Mar. 3282.408 Plan of notification required. 15, 2019, the authority citation was revised, 3282.409 Contents of plan. effective Apr. 15, 2019. For the convenience of 3282.410 Implementation of plan. the user, the revised text is set forth as fol- 3282.411 SAA initiation of remedial action. lows: 3282.412 Preliminary and final administrative determinations. AUTHORITY: 28 U.S.C. 1 note; 28 U.S.C. 2461 3282.413 Implementation of Final Deter- note; 42 U.S.C. 3535(d) and 5424. mination. SOURCE: 41 FR 19852, May 13, 1976, unless 3282.414 Replacement or repurchase of otherwise noted. homes after sale to purchaser. 3282.415 Correction of homes before sale to EDITORIAL NOTE: Nomenclature changes to purchaser. part 3282 appear at 78 FR 60199, Oct. 1, 2013.

140

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00150 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.7

Subpart A—General be invalid, such judgment shall not affect, impair, or invalidate the remain- § 3282.1 Scope and purpose. der thereof, but shall be confined by its (a) The National Manufactured Hous- operation to the clause, sentence, para- ing Construction and Safety Standards graph, or part thereof directly involved Act of 1974 (title VI of Pub. L. 93–383, 88 in the controversy in which such judg- Stat. 700, 42 U.S.C. 5401, et seq.) (herein- ment shall have been rendered. after referred to as the Act), requires § 3282.7 Definitions. the Secretary of the Department of Housing and Urban Development to es- The terms Department, HUD, and Sec- tablish Federal manufactured home retary are defined in 24 CFR part 5. construction and safety standards and (a) Act means the National Manufac- to issue regulations to carry out the tured Housing Construction and Safety purpose of the Act. The standards pro- Standards Act of 1974, title VI of the mulgated pursuant to the Act appear Housing and Community Development at part 3280 of chapter XX of this title, Act of 1974 (42 U.S.C. 5401 et seq.) and apply to all manufactured homes (b) Add-on means any structure (ex- manufactured for sale to purchasers in cept a structure designed or produced the United States on or after the effec- as an integral part of a manufactured tive date of the standards (June 15, home) which, when attached to the 1976). A manufactured home is manu- basic manufactured home unit, in- factured on or after June 15, 1976, if it creases the area, either living or stor- enters the first stage of production on age, of the manufactured home. or after that date. (c) Alteration means the replacement, (b) The Secretary is also authorized addition, and modification, or removal by the Act to conduct inspections and of any equipment or installation after investigations necessary to enforce the sale by a manufacturer to a retailer or standards, to determine that a manu- distributor but prior to sale by a re- factured home fails to comply with an tailer to a purchaser which may affect applicable standard or contains a de- the construction, fire safety, occu- fect or an imminent safety hazard, and pancy, plumbing, heat-producing or to direct the manufacturer to furnish electrical system. It includes any notification thereof, and in some cases, modification made in the manufac- to remedy the defect or imminent safe- tured home that may affect the com- ty hazard. The purpose of this part is pliance of the home with the standards, to prescribe procedures for the imple- but it does not include the repair or re- mentation of these responsibilities of placement of a component or appliance the Secretary under the Act through requiring plug-in to an electrical recep- the use of private and State inspection tacle where the replaced item is of the organizations and cooperation with same configuration and rating as the State manufactured home agencies. It one being replaced. It also does not in- is the policy of the Department to include the addition of an appliance re- volve State agencies in the enforce- quiring plug-in to an electrical recep- ment of the Federal manufactured tacle, which appliance was not pro- home standards to the maximum ex- vided with the manufactured home by tent possible consistent with the capa- the manufacturer, if the rating of the bilities of such agencies and the public appliance does not exceed the rating of interest. The procedures for investiga- the receptacle to which it is connected. (d) see tions and investigational proceedings Certification label label. (e) Certification report means the re- are set forth in 24 CFR part 3800. port prepared by an IPIA (see defini- [41 FR 19852, May 13, 1976, as amended at 61 tion z) for each manufactured home FR 10442, Mar. 13, 1996] manufacturing plant under § 3282.203 in which the IPIA provides a complete de- § 3282.6 Separability of provisions. scription of the initial comprehensive If any clause, sentence, paragraph, inspection of the plant, an evaluation section or other portion of part 3282 of the quality assurance program under shall, for any reason, be adjudged by the approved quality assurance man- any court of competent jurisdiction to ual, and the identity of the DAPIA (see

141

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00151 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.7 24 CFR Ch. XX (4–1–19 Edition)

definition z) which approved the de- personal injury that may or may not signs and quality assurance manual be related to failure to comply with an used in the plant. Where appropriate applicable Federal manufactured home under § 3282.362(b)(5), the certification construction or safety standard. See report may be made by a DAPIA. related definitions of defect (definition (f) Component means any part, mate- j), noncompliance (paragraph x) and seri- rial or appliance which is built in as an ous defect (paragraph ff). integral part of the manufactured (q) Joint monitoring team means a home during the manufacturing proc- monitoring inspection team composed ess. of personnel provided by the various (g) Cost information means informa- State Administrative Agencies, or by tion submitted by a manufacturer HUD or its contract agent, operating under section 607 of the Act with re- under a contract with HUD for the pur- spect to alleged cost increases result- pose of monitoring, or otherwise aiding ing from action by the Secretary, in in the enforcement of the Federal such form as to permit the public and standards. the Secretary to make an informed (r) Label or certification label means judgment on the validity of the manu- the approved form of certification by facturer’s statements. Such term in- the manufacturer that, under cludes both the manufacturer’s cost § 3282.362(c)(2)(i), is permanently affixed and the cost to retail purchasers. to each transportable section of each (h) Date of manufacture means the manufactured home manufactured for date on which the label required by sale to a purchaser in the United § 3282.205(c) is affixed to the manufac- States. tured home. (s) (Same as § 3280.2(a)(13).) (i) [Reserved] (j) Defect means a failure to comply (t) Manufacturer means any person with an applicable Federal manufac- engaged in manufacturing or assem- tured home safety and construction bling manufactured homes, including standard that renders the manufac- any person engaged in importing man- tured home or any part or component ufactured homes for resale. thereof not fit for the ordinary use for (u) (Same as § 3280.2(a)(16).) which it was intended, but does not re- (v) Manufactured home construction sult in an unreasonable risk of injury means all activities relating to the as- or death to occupants of the affected sembly and manufacture of a manufac- manufactured home. See related defini- tured home including, but not limited tions of imminent safety hazard (defini- to, those relating to durability, qual- tion q), noncompliance (definition x), ity, and safety, but does not include and serious defect (definition ff). those activities regulated under the in- (k) Design means drawings, specifica- stallation standards in this chapter. tions, sketches and the related engi- (w) Manufactured home safety means neering calculations, tests and data in the performance of a manufactured support of the configurations, struc- home in such a manner that the public tures and systems to be incorporated in is protected against any unreasonable manufactured homes manufactured in risk of the occurrence of accidents due a plant. to the design or construction of such (l) [Reserved] manufactured home, or any unreason- (m) Distributor means any person enable risk of death or injury to the user gaged in the sale and distribution of or to the public if such accidents do manufactured homes for resale. occur. (n) Failure to conform means an immi- (x) Noncompliance means a failure of a nent safety hazard related to the manufactured home to comply with a standards, a serious defect, defect, or Federal manufactured home construc- noncompliance and is used as a sub- tion or safety standard that does not stitute for all of those terms. constitute a defect, serious defect, or (o) [Reserved] imminent safety hazard. See related (p) Imminent safety hazard means a definitions or defect (definition j), immi- hazard that presents an imminent and nent safety hazard (definition q), and se- unreasonable risk of death or severe rious defect (definition ff).

142

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00152 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.7

(y) Owner means any person pur- (ee) Secretary’s agent means a party chasing a manufactured home from any operating as an independent contractor other person after the first purchase of under a contract with HUD. the manufactured home, in good faith, (ff) Serious defect means any failure to for purposes other than resale. comply with an applicable Federal (z) Primary Inspection Agency (PIA) manufactured home construction and means a State/or private organization safety standard that renders the manu- that has been accepted by the Sec- factured home or any part thereof not retary in accordance with the require- fit for the ordinary use for which it was ment of subpart H of this part. There intended and which results in an unrea- are two types of PIA: sonable risk of injury or death to occu- (1) Design Approval PIA (DAPIA), pants of the affected manufactured which evaluates and approves or dis- home. approves manufactured home designs (gg) Standards means the Federal and quality control procedures, and manufactured home construction and (2) Production Inspection PIA (IPIA), safety standards promulgated under which evaluates the ability of manu- section 604 of the Act, 42 U.S.C. 5403, as factured home manufacturing plants to part 3280 of these regulations. follow approved quality control proce- (hh) State includes each of the several dures and provides ongoing surveil- States, the District of Columbia, the lance of the manufacturing process. Or- Commonwealth of Puerto Rico, Guam, ganizations may act as one or both of the Virgin Islands, the Canal Zone, and these types. American Samoa. (aa) Purchaser means the first person (ii) State Administrative Agency (SAA) purchasing a manufactured home in means an agency of a State which has good faith for purposes other than re- been approved or conditionally ap- sale. proved to carry out the State plan for (bb) Quality Assurance Manual means enforcement of the standards pursuant a manual, prepared by each manufac- to section 623 of the Act, 42 U.S.C. 5422, turer for its manufacturing plants and and subpart G of this part. approved by a DAPIA which contains: a (jj) State plan application means the statement of the manufacturer’s qual- application of any State organization ity assurance program, a chart of the which is submitted to the Secretary for organization showing, by position, all approval as a State Administrative personnel accountable for quality as- Agency under subpart G. surance, a list of tests and test equip- (kk) Substantial completion. A manu- ment required, a station-by-station de- factured home is substantially com- scription of the manufacturing process, pleted if all aspects of construction a list of inspections required at each that can be finished in the manufactur- station, and a list by title of personnel er’s plant are completed, except as pro- in the manufacturer’s organization to vided in § 3282.603. be held responsible for each inspection. (ll) System means a set or arrange- Where necessary, the quality assurance ment of materials or components re- manual used in a particular plant shall lated or connected as to form an oper- contain information specific to that ating entity, i.e., heating, ventilating plant. and air-conditioning systems, evapo- (cc) To red tag means to affix a notice rative coolers. to a manufactured home which has (mm) United States District Courts been found to contain an imminent means the Federal district courts of safety hazard or a failure to conform the United States and the United with any applicable standard. A red tag States courts of the Commonwealth of is the notice so affixed to the manufac- Puerto Rico, Guam, the Virgin Islands, tured home. the Canal Zone, and American Samoa. (dd) Retailer means any person en- (nn) (Same as § 3280.2(a)(22).) gaged in the sale, leasing, or distribu- [41 FR 19852, May 13, 1976, as amended at 41 tion of new manufactured homes pri- FR 24971, June 21, 1976; 47 FR 28093, June 29, marily to persons who in good faith 1982; 61 FR 5216, Feb. 9, 1996; 61 FR 10859, Mar. purchase or lease a manufactured home 15, 1996; 78 FR 60199, Oct. 1, 2013; 80 FR 53727, for purposes other than resale. Sept. 8, 2015]

143

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00153 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.8 24 CFR Ch. XX (4–1–19 Edition)

§ 3282.8 Applicability. and consumers of manufactured homes (a) Manufactured homes. This part ap- in that it sets out procedures to be fol- plies to all manufactured homes that lowed when purchasers, owners and enter the first stage of production on consumers complain to manufacturers, or after June 15, 1976, and to all manu- States, the Secretary or others con- factured homes that enter the first cerning problems in manufactured stage of production before June 15, homes for which remedies are provided 1976, to which labels are applied under under the Act. § 3282.205(d). (g) [Reserved] (b) States. This part applies to States (h) Imported manufactured homes. Im- that desire to assume responsibility ported manufactured homes are cov- under the Federal manufactured home ered by the regulations except as modi- construction and safety standards en- fied by regulations promulgated jointly forcement program. It includes re- by the Secretary and the Secretary of quirements which must be met in order the Treasury. for State agencies to be approved by (i) Export manufactured homes. Manu- the Secretary under section 623(c) of factured Homes intended solely for ex- the Act, 42 U.S.C. 5422(c). It also in- port are not governed by this part or cludes requirements for States wishing by part 3280 of this title if a label or to act as primary inspection agencies, tag stating that the manufactured as defined in § 3282.7, or to participate home is intended solely for export is in monitoring activities under placed on the manufactured home or § 3282.308. the outside of the container, if any, in (c) Primary inspection and engineering which it is to be exported. However, organizations. This part applies to each any manufactured home so tagged or private inspection and engineering or- labeled that is not exported but is sold ganization that wishes to qualify as a to a purchaser in the United States is primary inspection agency under sub- subject to this part and part 3280 of part H. this title. (d) Manufactured home manufacturers. (j) Add-on. An add-on added by the re- This part applies to all manufacturers tailer or some other party not the producing manufactured homes for sale manufacturer (except where the manu- in the United States. It includes: facturer acts as a retailer) as part of a (1) Inspection procedures to be car- simultaneous transaction involving the ried out in the manufacturing plants. sale of a new manufactured home, is (2) Procedures by which a manufac- not governed by the standards and is turer obtains approval of manufactured not subject to these regulations. How- home designs. ever, the addition of the add-on must (3) Procedures by which a manufac- not affect the ability of the basic man- turer obtains approval of manufac- ufactured home to comply with the turing quality control and assurance standards. If the addition of an add-on programs. causes the basic manufactured home to (4) Procedures by which a manufac- fail to conform to the standards, sale, turer may obtain production inspec- lease, and offer for sale or lease of the tions and certification labels for its home is prohibited until the manufac- manufactured homes. tured home is brought into conform- (e) Manufactured home retailers and ance with the standards. While the distributors. This part applies to any standards do not govern add-ons, the person selling, leasing, or distributing Secretary has the authority to promul- new manufactured homes for use in the gate standards for add-ons and may do United States. It includes prohibitions so in the future. of the sale of new manufactured homes (k) A structure (including an expand- to which labels have not been affixed able room, tip-out, or tag-along unit) pursuant to subpart H of these regula- which is designed and produced as an tions or that have been altered, dam- integral part of a manufactured home aged, or otherwise caused not to be in when assembled on site, is governed by compliance with the Federal standards. the standards and these regulations re- (f) Purchasers, owners and consumers. gardless of the dimensions of such This part applies to purchasers, owners structure.

144

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00154 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.11

(l) Multifamily homes. Mobile homes erned by the Federal standards shall be designed and manufactured with more established or continue in effect with than one separate living unit are not respect to manufactured homes subject covered by the standards and these reg- to the Federal standards and these regulations. ulations unless it is identical to the Federal standards. [41 FR 19852, May 13, 1976, as amended at 41 FR 24970, June 21, 1976; 42 FR 35013, July 7, (b) No State may require, as a condi- 1977; 44 FR 68733, Nov. 29, 1979; 47 FR 28093, tion of entry into or sale in the State, June 29, 1982; 80 FR 53727, Sept. 8, 2015; 83 FR a manufactured home certified (by the 57688, Nov. 16, 2018] application of the label required by § 3282.362(c)(2)(i)) as in conformance § 3282.9 Computation of time. with the Federal standards to be sub- (a) In computing any period of time ject to State inspection to determine prescribed by the regulations in this compliance with any standard covering part, refer to § 26.16(a) of this title. any aspect of the manufactured home (b) Extensions of any of the time pe- covered by the Federal standards. Nor riods set out in these regulations may may any State require that a State be granted by the Secretary or, as ap- label be placed on the manufactured propriate, by a State Administrative home certifying conformance to the Agency, upon a showing of good cause Federal standard or an identical standby the party governed by the time pe- ard. Certain actions that States are riod. permitted to take are set out in § 3282.303. [42 FR 2580, Jan. 12, 1977, as amended at 61 (c) States may participate in the en- FR 10859, Mar. 15, 1996] forcement of the Federal standards en- § 3282.10 Civil and criminal penalties. forcement program under these regulations either as SAAs or PIAs or both. Failure to comply with these regula- These regulations establish the exclu- tions may subject the party in question sive system for enforcement of the to the civil and criminal penalties pro- Federal standards. No State may estab- vided for in section 611 of the Act, 42 lish or keep in effect through a build- U.S.C. 5410. The maximum amount of ing code enforcement system or other- penalties imposed under section 611 of wise, procedures or requirements which the Act shall be $2,852 for each viola- constitute systems for enforcement of tion, up to a maximum of $3,565,045 for the Federal standards or of identical any related series of violations occur- State standards which are outside the ring within one year from the date of system established in these regulations the first violation. or which go beyond this system to re- [83 FR 32794, July 16, 2018] quire remedial actions which are not required by the Act and these regula- EFFECTIVE DATE NOTE: At 84 FR 9454, Mar. 15, 2019, § 3282.10 was revised, effective Apr. tions. A State may establish or con- 15, 2019. For the convenience of the user, the tinue in force consumer protections, revised text is set forth as follows: such as warranty or warranty performance requirements, which respond to § 3282.10 Civil and criminal penalties. individual consumer complaints and so Failure to comply with this part may sub- do not constitute systems of enforce- ject the party in question to the civil and ment of the Federal standards, regard- criminal penalties provided for in section 611 less of whether the State qualifies as of the Act, 42 U.S.C. 5410. The maximum amount of penalties imposed under section an SAA or PIA. 611 of the Act shall be $2,924 for each viola- (d) No State or locality may estab- tion, up to a maximum of $3,654,955 for any lish or enforce any rule or regulation related series of violations occurring within or take any action that stands as an one year from the date of the first violation. obstacle to the accomplishment and execution of the full purposes and ob- § 3282.11 Preemption and reciprocity. jectives of Congress. The test of wheth- (a) No State manufactured home er a State rule or action is valid or standard regarding manufactured home must give way is whether the State construction and safety which covers rule can be enforced or the action aspects of the manufactured home gov- taken without impairing the Federal

145

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00155 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.12 24 CFR Ch. XX (4–1–19 Edition)

superintendence of the manufactured (C) Constructed of concrete, metal, home industry as established by the treated lumber or wood, or grouted ma- Act. sonry; and (2) The structure is not designed to [42 FR 2580, Jan. 12, 1977, as amended at 56 be moved once erected or installed on a FR 65186, Dec. 16, 1991; 61 FR 10859, Mar. 15, 1996] site-built permanent foundation; (i) A structure meets this criterion if § 3282.12 Excluded structures—mod- all written materials and communica- ular homes. tions relating to erection or installation of the structure, including but not (a) The purpose of this section is to limited to designs, drawings, calcula- provide the certification procedure au- tions, and installation or erection in- thorized by section 604(h) of the Na- structions, indicate that the structure tional Manufactured Housing Construc- is not intended to be moved after it is tion and Safety Standards Act under erected or installed and if the towing which modular homes may be excluded hitch or running gear, which includes from coverage of the Act if the manu- axles, brakes, wheels and other parts of facturer of the structure elects to have the chassis that operate only during them excluded. If a manufacturer wish- transportation, are removable and de- es to construct a structure that is both signed to be removed prior to erection a manufactured home and a modular or installation on a site-built perma- home, the manufacturer need not make nent foundation; and the certification provided for by this (3) The structure is designed and section and may meet both the Federal manufactured to comply with the cur- manufactured home requirements and rently effective version of one of the any modular housing requirements. following: When the certification is not made, all (i) One of the following nationally provisions of the Federal requirements recognized building codes: shall be met. (A) That published by Building Offi- (b) Any structure that meets the def- cials and Code Administrators (BOCA) inition of manufactured home at 24 CFR and the National Fire Protection Asso- 3282.7(u) is excluded from the coverage ciation (NFPA) and made up of the fol- of the National Manufactured Housing lowing: Construction and Safety Standards (1) BOCA Basic Building Code, Act, 42 U.S.C. 5401 et seq., if the manu- (2) BOCA Basic Industrialized Dwell- facturer certifies as prescribed in para- ing Code, graph (c) of this section that: (3) BOCA Basic Plumbing Code, (1) The structure is designed only for (4) BOCA Basic Mechanical Code, and erection or installation on a site-built (5) National Electrical Code, or permanent foundation; (B) That published by the Southern Building Code Congress (SBCC) and the (i) A structure meets this criterion if NFPA and made up of the following: all written materials and communica- (1) Standard Building Code, tions relating to installation of the (2) Standard Gas Code, structure, including but not limited to (3) Standard Mechanical Code, designs, drawings, and installation or (4) Standard Plumbing Code, and erection instructions, indicate that the (5) National Electrical Code, or structure is to be installed on a perma- (C) That published by the Inter- nent foundation. national Conference of Building Offi- (ii) A site-built permanent founda- cials (ICBO), the International Associa- tion is a system of supports, including tion of Plumbing and Mechanical Offi- piers, either partially or entirely below cials (IAPMO), and the NFPA and made grade which is: up of the following: (A) Capable of transferring all design (1) Uniform Building Code, loads imposed by or upon the structure (2) Uniform Mechanical Code, into soil or bedrock without failure, (3) Uniform Plumbing Code, and (B) Placed at an adequate depth (4) National Electrical Code or below grade to prevent frost damage, (D) The codes included in paragraphs and (b)(3)(i)(A), (B), or (C) in connection

146

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00156 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.12

with the One- and Two-Family Dwell- trical panel, on the inside of a kitchen ing Code, or cabinet door, or in any other readily (E) Any combination of the codes inaccessible and visible location. cluded in paragraphs (b)(3)(i)(A), (B), (e) As part of this certification, the (C), and (D), that is approved by the manufacturer shall identify each cer- Secretary, including combinations tified structure by a permanent serial using the National Standard Plumbing number placed on the structure during Code published by the National Asso- the first stage of production. If the ciation of Plumbing, Heating and Cool- manufacturer also manufactures manu- ing Contractors (PHCC), or factured homes that are certified under (F) Any other building code accepted §§ 3282.205 and 3282.362(c), the series of by the Secretary as a nationally recog- serial numbers for structures certified nized model building code, or under this section shall be distinguish- (ii) Any local code or State or local able on the structures and in the man- modular building code accepted as gen- ufacturer’s records from the series of erally equivalent to the codes included serial numbers for the manufactured under paragraph (b)(3)(i), (the Sec- homes that are certified under retary will consider the manufacturer’s §§ 3282.205 and 3282.362(c). certification under paragraph (c) of (1) If a manufacturer wishes to cer- this section to constitute a certifi- tify a structure as a manufactured cation that the code to which the home under §§ 3282.205 and 3282.362(c) structure is built is generally equiva- after having applied a serial number lent to the referenced codes. This cer- identifying it as exempted under this tification of equivalency is subject to section, the manufacturer may do so the provisions of paragraph (f) of this only with the written consent of the section) or Production Inspection Primary Inspec- (iii) The minimum property stand- tion Agency (IPIA) after thorough in- ards adopted by the Secretary pursuant spection of the structure by the IPIA to title II of the National Housing Act; at at least one stage of production and and such removal or equipment, compo- (4) To the manufacturer’s knowledge, nents, or materials as the IPIA may re- the structure is not intended to be used quire to perform inspections to assure other than on a site-built permanent that the structure conforms to the foundation. Federal manufactured home standards. (c) When a manufacturer makes a The manufacturer shall remove the certification provided for under para- original serial number and add the se- graph (b) of this section, the certification shall state as follows: rial number required by § 3280.6. (2) A manufacturer may not certify a The manufacturer of this structure, Name structure under this section after hav- llllllllll; Address ing applied the manufactured home se- llllllllll; (location where struc- rial number under § 3280.6. ture was manufactured). (f) All certifications made under this Certifies that this structure (Ser. No. llll) is not a manufactured home subject section are subject to investigation by to the provisions of the National Manufac- the Secretary to determine their accu- tured Housing Construction and Safety racy. If a certification is false or inac- Standards Act and is— curate, the certification for purposes of (1) designed only for erection or installa- this section is invalid and the struction on a site-built permanent foundation, tures that have been or may be the (2) not designed to be moved once so erect- subject of the certification are not ex- ed or installed, (3) designed and manufactured to comply cluded from the coverage of the Act, with lllllll (Here state which code in- the Federal Manufactured Home Con- cluded in paragraph (b)(3) of this section has struction and Safety Standards, or been followed), and these Regulations. (4) to the manufacturer’s knowledge is not (1) If the Secretary has information intended to be used other than on a site-built that a certification may be false or in- permanent foundation. accurate, the manufacturer will be (d) This certification shall be affixed given written notice of the nature of in a permanent manner near the elec- this information by certified mail and

147

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00157 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.13 24 CFR Ch. XX (4–1–19 Edition)

the procedure of this subparagraph will promulgated pursuant thereto. Such struc- be followed. tures will be built in conformance with the (i) The manufacturer must inves- Standards. [Name of manufacturer] further tigate this matter and report its find- certifies that if, at any time it manufactures structures which are not manufactured ings in writing as to the validity of homes, it will identify each such structure this information to the Secretary with- by a permanent serial number placed on the in 15 days from the receipt of the Sec- structure during the first stage of production retary’s notice. and that the series of serial numbers for such (ii) If a written report is received structures shall be distinguishable on the within the time prescribed in para- structures and in its records from the series graph (f)(1)(i) of this section, the Sec- of serial numbers used for manufactured retary will review this report before de- homes. termining whether a certification is (c) Whenever a manufacturer which false or inaccurate. If a report is not has filed a certification pursuant to received within 15 days from the re- § 3282.13(b) produces structures which ceipt of the Secretary’s notice, the are not manufactured homes, it must Secretary will make the determination identify each such structure by placing on the basis of the information pre- a permanent serial number on the sented. structure during the first stage of pro- (iii) If the Secretary determines that duction. The series of serial numbers a certification is false or inaccurate, placed on these structures shall be dis- the manufacturer will be given written tinguishable on the structure and in notice and the reasons for this deter- the manufacturer’s records from the mination by certified mail. series of serial numbers used for manu- (2) The Secretary may seek civil and factured homes. criminal penalties provided for in sec- (d) A manufacturer may certify a tion 611 of the Act, 42 U.S.C. 5410, if the structure as a manufactured home party in question in the exercise of due after having applied a serial number care has reason to know that such cer- identifying it as a structure which is tification is false or misleading as to not a manufactured home. To do so, any material fact. the manufacturer must secure the [44 FR 68733, Nov. 29, 1979, as amended at 49 written consent of the IPIA. This con- FR 10666, Mar. 22, 1984] sent may only be given after a DAPIA has approved the manufacturer’s de- § 3282.13 Voluntary certification. sign and quality assistance manual in (a) The purpose of this section is to accordance with § 3282.361, and after the provide a procedure for voluntary cer- IPIA has thoroughly inspected the tification of non-conforming manufac- structure in at least one stage of pro- tured homes as required by 42 U.S.C. duction and after such removal of 5402(6) as amended by section 308(d)(B) equipment, components or materials as of the Housing and Community Devel- the IPIA may require to assure that opment Act of 1980. the structure conforms to the stand- (b) Structures which meet all of the ards. After certification as a manufac- requirements of a manufactured home as tured home has been approved, the set out in § 3282.7(u), except the size re- manufacturer shall remove the original quirements, shall be manufactured serial number and add the serial num- homes if the manufacturer files with ber required by § 3280.6. the Secretary a certification in the fol- (e) Once a manufacturer has certified lowing form: under § 3282.13(b) that it intends to build structures which are manufac- [Name of manufacturer and address where tured homes in all respects except size, structures are to be manufactured] certifies that it intends to manufacture structures the manufacturer must then, with re- that meet all of the requirements of manu- spect to those structures, comply with factured homes set forth at 42 U.S.C. 5402(6) all of the requirements of the Act and except the size requirements. Such struc- its regulations. The structures may not tures are to be treated as manufactured thereafter be exempted under any homes for the purposes of the National Man- other section of these regulations. ufactured Housing Construction and Safety Standards Act of 1974 and the regulations [47 FR 28093, June 29, 1982]

148

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00158 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.14

§ 3282.14 Alternative construction of (2) An explanation of the manner in manufactured homes. which the design fails to conform with (a) Policy. In order to promote the the Standards, including a list of the purposes of the Act, the Department specific standards involved; will permit the sale or lease of one or (3) An explanation of how the design more manufactured homes not in com- will result in homes that provide the pliance with the Standards under cir- same level of performance, quality, du- cumstances wherein no affirmative ac- rability and safety as would be pro- tion is needed to protect the public in- vided under the Standards; terest. The Department encourages in- (4) A copy of data adequate to sup- novation and the use of new technology port the request, including applicable in manufactured homes. Accordingly, test data, engineering calculations or HUD will permit manufacturers to uti- certifications from nationally recog- lize new designs or techniques not in nized laboratories; compliance with the Standards in (5) An estimate of the maximum cases: number of manufactured home units (1) Where a manufacturer proposes to affected and the location, if known, to utilize construction that would be pro- which the units will be shipped; hibited by the Standards; (6) An indication of the period of (2) Where such construction would time during which the manufacturer provide performance that is equivalent proposes to engage in the manufacture, to or superior to that required by the sale or lease of the nonconforming Standards; and homes; (3) Where (i) compliance with the (7) A copy of the proposed notice to Standards would be unreasonable be- be provided to home purchasers; cause of the circumstances of the par- (8) A list of the names and addresses ticular case, or (ii) the alternative con- of any retailers that would be selling struction would be for purposes of re- the nonconforming homes; and search, testing or development of new (9) A letter from the manufacturer’s techniques or designs. If a request for DAPIA indicating that the design(s) to alternative construction is submitted which any nonconforming homes would and the facts are consistent with these be built meet the Standards in all principles, the Secretary may issue a other respects. letter under paragraph (c) of this sec- (c) Issuance of the letter by the Sec- tion stating that no action will be retary—(1) Contents of the letter. If the taken under the Act based upon spe- Secretary issues a letter in response to cific failures to conform to the Stand- a request for alternative construction, ards or these regulations, provided that the letter shall include the specific certain conditions are met. The standards affected, an explanation of issuance of a letter under paragraph (c) the proposed activity or design, an ex- of this section will not affect any right planation of how the request is con- that any purchaser may have under the sistent with the objectives of the Act, Act or other applicable law and will and any conditions that the manufac- not preclude any further agency action turer must meet. that may become necessary. (2) Letter sent to IPIA, DAPIA and (b) Request for alternative construction. SAA. The Secretary shall forward a A manufacturer may submit a request copy of the letter to the manufactur- for alternative construction of a manu- er’s IPIA and DAPIA along with a let- factured home. The request should be ter authorizing the DAPIA to approve sent to the U.S. Department of Housing plans containing the alternative con- and Urban Development, Manufactured struction, and authorizing the IPIA to Housing Standards Division, 451 Sev- permit use of the alternative construc- enth Street, SW., Washington, DC tion, provided that the conditions set 20410. The request must include: forth in the letter are met. The Sec- (1) A copy of the manufactured de- retary shall also forward a copy of the sign or plan for each nonconforming letter to the SAAs in the State of man- model which a manufacturer plans to ufacture and the State(s) in which the build; homes are to be located, if known.

149

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00159 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.15 24 CFR Ch. XX (4–1–19 Edition)

(3) Alternative construction in addi- available from this retailer or manufacturer tional models. In cases where the Sec- upon request. retary grants a letter under this para- (f) Serial numbers of homes constructed graph that is not model-specific, the using alternative construction. Manufac- Secretary may permit the manufacturers shall provide the Department turer to include the alternative con- with the serial numbers assigned to struction in additional models. In such each home produced in conformance cases, the DAPIA shall notify the De- with the letter issued under paragraph partment of additional models that in- (c) of this section within 90 days of corporate the alternative construction. their date of manufacture. Each serial (d) Revocation. The Secretary may re- number shall include the letters ‘‘AC’’ voke or amend a letter issued under to indicate that the homes was pro- paragraph (c) of this section at any duced under alternative construction time. Such revocation or amendment procedures. will be prospective only. Where manu- [49 FR 1967, Jan. 16, 1984] facturers have requested alternative construction for research, testing or § 3282.15 Exemption for recreational development such alternative con- vehicles. struction may not achieve the antici- (a) Exemption. A recreational vehicle pated results. Therefore, the Secretary that meets the requirements of this may require a manufacturer to bring section is exempt from 24 CFR parts those homes into compliance with the 3280 and 3282. standards if, after the alternative con- (b) Definition. A recreational vehicle struction has been in use for a period of is: time specified by the Secretary, these (1) A vehicle or vehicular structure homes are not, in the Secretary’s judg- not certified as a manufactured home; ment, providing the levels of safety, (2) Designed only for recreational use quality and durability which would and not as a primary residence or for have been provided had the homes been permanent occupancy; and is either: built in compliance with the Stand- (i) Built and certified in accordance ards. with either NFPA 1192 (incorporated by (e) Notice to prospective purchasers. reference, see § 3282.16) or ANSI A119.5 Manufacturers receiving letters under (incorporated by reference, see § 3282.16) paragraph (c) of this section shall pro- as provided by paragraph (c) of this vide notice to prospective purchasers section; or that the home does not conform to the (ii) Any vehicle which is self-pro- Standards. Such notice shall be deliv- pelled. ered to each prospective purchase be- (c) Notice and certification require- fore he or she enters into an agreement ments. In order for the exemption to to purchase the home. The notice shall apply to an ANSI A119.5–15 certified be in the following form or in such recreational vehicle, a Manufacturer’s other form as may be approved by the Notice must be delivered to the con- Secretary: sumer prior to the completion of the sales transaction. The Manufacturer’s NOTICE TO PURCHASERS Notice must also be prominently displayed in a temporary manner in the The Department of Housing and Urban De- velopment has issued a letter to (Name of kitchen (i.e., countertop or exposed Manufacturer) concerning the homes in (lo- cabinet face). The Manufacturer’s No- cation if known). As designed, the homes do tice must meet the following require- not meet Federal Manufactured Home Con- ments: struction and Safety Standards regarding (1) Title of Manufacturer’s Notice. The (brief statement of manufacturer’s non- title of the Manufacturer’s Notice shall conformance). be ‘‘*****MANUFACTURER’S HUD has evaluated the alternative con- NOTICE*****’’ which shall be legible struction and believes that it provides an equivalent level of quality, durability and and typed using bold letters at least 1 safety to that provided by the Standards. inch in size. For further information about the specific (2) Content of Notice. The content of Federal Standards involved, a copy of the the Manufacturer’s Notice text shall be letter issued pursuant to 24 CFR 3282.14(c) is as follows:

150

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00160 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.52

The Manufacturer of this unit cer- Copies of incorporated standards that tifies that it is a Park Model Rec- are not available from their producer reational Vehicle designed only for rec- organizations may be obtained from reational use, and not for use as a pri- the Office of Manufactured Housing mary residence or for permanent occu- Programs. These standards are also pancy. The manufacturer of this unit available for inspection at the National further certifies that this unit has been Archives and Records Administration built in accordance with the ANSI (NARA). For more information on the A119.5–15 consensus standard for Park availability of this material at NARA, Model Recreational Vehicles. call 202–741–6030 or go to http:// (3) Text of Notice. The text of the Manufacturer’s Notice, aside from the www.archives.gov/federal-register/cfr/ibr- Manufacturer’s Notice’s title shall be locations.html. legible and typed using letters at least (b) National Fire Protection Associa- 1⁄2 inch in size. tion (NFPA), 1 Batterymarch Park, (4) Removal of Manufacturer’s Notice. Quincy, MA 02169, telephone number The Manufacturer’s Notice shall not be 800–344–3555, website http:// removed by any party until the entire www.nfpa.org. sales transaction has been completed. (1) NFPA 1192, Standard on Rec- (5) Completion of sales transaction. A reational Vehicles, 2015 Edition, issued sales transaction with a Park Model August 14, 2014, IBR approved for Recreational Vehicle purchaser is con- § 3282.15(b). sidered completed when all the goods (2) [Reserved] and services that the dealer agreed to (c) Recreational Vehicle Industry As- provide at the time the contract was sociation (RVIA), 1896 Preston White formed have been provided. Completion of a retail sale will be at the time the Drive, Reston, VA 20191, telephone dealer completes installation of the number 703–620–6003, website http:// Park Model Recreational Vehicle, if www.rvia.org. the dealer has agreed to provide the in- (1) ANSI A119.5: Park Model Rec- stallation, or at the time the dealer de- reational Vehicle Standard, 2015 Edi- livers the recreational vehicle to a tion, ANSI-approved April 7, 2015, IBR transporter, if the dealer has not approved for § 3282.15(b). agreed to transport or install the Park (2) [Reserved] Model Recreational Vehicle. The sale is also complete upon delivery to the site [83 FR 57688, Nov. 16, 2018] if the dealer has not agreed to provide installation as completion of sale. Subpart B—Formal Procedures

[83 FR 57688, Nov. 16, 2018] § 3282.51 Scope. § 3282.16 Incorporation by reference This subpart contains rules of proce- (a) Certain material is incorporated dure generally applicable to the trans- by reference into this part with the ap- action of official business under the proval of the Director of the Federal National Manufactured Housing Con- Register under 5 U.S.C. 552(a) and 1 struction and Safety Standards Act, in- CFR part 51. To enforce any edition cluding the rules governing public other than that specified in this sec- availability of information. tion, the Department must publish a document in the FEDERAL REGISTER § 3282.52 Address of communications. and the material must be available to Unless otherwise specified, commu- the public. All approved material is nications shall be addressed to the Ad- available for inspection at the Office of ministrator, Office of Manufactured Manufactured Housing Programs, Man- Housing Programs, Office of Housing, ufactured Housing and Construction Department of Housing and Urban De- Standards Division, U.S. Department of Housing and Urban Development, 451 velopment, 451 7th Street SW., Wash- 7th Street SW, Room B–133, Wash- ington, DC 20410. ington, DC 20410, 202–402–5216, and is [78 FR 60199, Oct. 1, 2013] available from the sources listed below.

151

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00161 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.53 24 CFR Ch. XX (4–1–19 Edition)

§ 3282.53 Service of process on foreign time thereafter, request that the infor- manufacturers and importers. mation or any part thereof be pro- The designation of an agent required tected from disclosure. The request for by section 612(e) of the Act, 42 U.S.C. nondisclosure shall include the basis 5411(e), shall be in writing, dated, and for the request under the Act or other signed by the manufacturer and the authority and complete justification designated agent. supporting the claim that the material should be exempt from disclosure. The [61 FR 10860, Mar. 15, 1996] request should also include a statement of the information in such com- § 3282.54 Public information. bined or summary form that alleged (a) General. Subject to the provisions trade secrets or other protected infor- of 24 CFR part 15 covering the produc- mation and the identity of the submit- tion or disclosure of material or infor- ting party would not be disclosed. This mation and the provisions of 24 CFR request need not be made with respect part 16 at 40 FR 39729 relating to the to information which was submitted to Privacy Act, and except as otherwise the Secretary, an SAA or a PIA prior provided by paragraphs (b), (c), (d), and to the effective date of these regula- (e) of this section, the Secretary may tions. make available to the public: (d) Request for information from PIAs (1) Any information which may indi- Whenever a PIA or SAA re- cate the existence of an imminent safe- or SAAs. ty hazard, and ceives requests for disclosure of infor- (2) Any information which may indi- mation, it shall disclose the informa- cate the failure of a manufactured tion unless the party from which the home to comply with applicable manu- information was originally obtained factured home construction and safety has submitted to the PIA or SAA a re- standards, and quest that the information not be dis- (3) Such other information as the closed under paragraph (c) of this sec- Secretary determines is necessary to tion, except that the PIA or SAA shall carry out the Secretary’s functions be governed by the provisions of 24 under the Act. CFR part 16 (40 FR 39729) relating to (b) Protected information. Data and in- the Privacy Act which may limit the formation submitted or otherwise pro- disclosure of information. If a request vided to the Secretary or an agent of for nondisclosure under paragraph (c) the Secretary or a PIA or SAA which of this section has been received with fall within the definitions of a trade se- respect to information whose disclo- cret or confidential commercial or fi- sure is requested, the PIA or SAA shall nancial information are exempt from refer the matter to the Secretary with- disclosure under this section, only if in 5 days of the request for disclosure. the party submitting or providing the If a PIA or SAA receives a request for information so requests under para- disclosure of information related to graph (c) of this section. However, the this program, which information was Secretary may disclose such informa- submitted to the PIA or SAA prior to tion to any person requesting it after the effective date of these regulations, deletion of the portions which are ex- the PIA or SAA shall refer the request empt, or in such combined or summary for nondisclosure and required informa- form as does not disclose the portions tion to the Secretary. which are exempt from disclosure or in [41 FR 19852, May 13, 1976, as amended at 61 its entirety in accordance with section FR 10860, Mar. 15, 1996] 614 of the Act, U.S.C. 5413. (c) Obtaining exemption. Any party submitting any information to the Sec- Subpart C—Rules and Rulemaking retary in any form under this part, or Procedures otherwise in relation to the program established by the Act shall, if the § 3282.101 Generally. party desires the information to be ex- Procedures that apply to the formu- empt from disclosure, at the time of lation, issuance, amendment, and rev- submittal of the information or at any ocation of rules pursuant to the Act

152

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00162 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.151

are governed by the Act, the Adminis- shall be treated as rulemaking under trative Procedure Act, 5 U.S.C. 551 et this subpart C unless the Secretary seq., and part 10 of this title, except deems such treatment not to be in the that the Secretary shall respond to a public interest and the interpretation petition for rulemaking by an inter- is not otherwise required to be treated ested party within 180 days of receipt as rulemaking. All interpretative bul- of the petition. letins shall be indexed and made avail- [61 FR 10860, Mar. 15, 1996] able to the public at the Manufactured Housing Standards Division and a copy § 3282.111 Petitions for reconsider- of the index shall be published periodi- ation of final rules. cally in the FEDERAL REGISTER. (a) Definition. A petition for reconsid- [61 FR 10860, Mar. 15, 1996] eration of a final rule issued by the Secretary is a request in writing from Subpart D—Informal and Formal any interested person which must be received not later than 60 days after Presentations of Views, Hear- publication of the rule in the FEDERAL ings and Investigations REGISTER. The petition shall state that § 3282.151 Applicability and scope. it is a petition for reconsideration of a final rule, and shall contain an expla- (a) This subpart sets out procedures nation as to why compliance with the to be followed when an opportunity to rule is not practicable, is unreasonable, present views provided for in the Act is or is not in the public interest. If the requested by an appropriate party. Sec- petitioner requests the consideration of tion 3282.152 provides for two types of additional facts, the petitioner shall procedures that may be followed, one state the reason they were not pre- informal and nonadversary, and one sented to be treated as petitions for more formal and adversary. Section rulemaking. 3282.152 also sets out criteria to govern (b) Proceedings on petitions for recon- which type of procedure will be fol- sideration. The Secretary may grant or lowed in particular cases. deny, in whole or in part, any petition (b) The procedures of § 3282.152 also for reconsideration without further apply to: proceedings. The Secretary may issue a (1) Proceedings held by the Secretary final decision on reconsideration with- whenever the suspension or disquali- out further proceeding, or may provide fication of a primary inspection agen- such opportunity to submit comments cy, which has been granted final ap- or information and data as the Sec- proval, is recommended under § 3282.356 retary deems appropriate. of these regulations, and (c) Unless the Secretary determines (2) Resolution of disputes where an otherwise, the filing of a petition under SAA or manufacturer disagrees with a this section does not stay the effective- determination of a DAPIA under ness of the rule in question. § 3282.361 that a manufactured home de- (d) Any party seeking to challenge sign does or does not conform to the any rule or regulation issued under the standards or that a quality assurance Act, except orders issued under section manual is or is not adequate with a de- 604 42 U.S.C. 5403, if the challenge is cision by an IPIA to red tag or not to brought before the expiration of the 60 red tag or to provide or not to provide day period set out in paragraph (a) of a certification label for a manufac- this section, shall file a timely petition tured home under § 3282.362 when the for reconsideration under this section IPIA believes that the manufactured prior to seeking any other remedy. home does or does not conform to the standards. § 3282.113 Interpretative bulletins. (c) The procedures set out in § 3282.152 When appropriate, the Secretary shall also be followed whenever State shall issue interpretative bulletins in- Administrative Agencies hold Formal terpreting the standards under the au- or Informal Presentations of Views thority of § 3280.9 of this chapter or in- under § 3282.309. terpreting the provisions of this part. (d) To the extent that these regula- Issuance of interpretative bulletins tions provide for Formal or Informal

153

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00163 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.152 24 CFR Ch. XX (4–1–19 Edition)

Presentations of Views for parties that quiries should be directed concerning would otherwise qualify for hearings such proceedings. under 2 CFR part 2424, the procedures (4) The notice shall state whether the of 2 CFR part 2424 shall not be avail- proceeding shall be held in accordance able and shall not apply. with the provisions of paragraph (f)— (Informal Presentation of Views) or [41 FR 19852, May 13, 1976, as amended at 51 paragraph (g)—(Formal Presentation of FR 34467, Sept. 29, 1986; 61 FR 10442, Mar. 13, 1996; 72 FR 73497, Dec. 27, 2007] Views) of this section, except that when the Secretary makes the deter- § 3282.152 Procedures to present views minations provided for in sections 623 and evidence. (d) and (f) of the Act, the requirements of paragraph (g) of this section shall (a) All Formal and Informal Policy. apply. In determining whether the re- Presentations of Views under this sub- quirements of paragraph (f) or those of part shall be public, unless, for good paragraph (g) of this section shall cause, the Secretary determines it is in apply the Secretary shall consider the the public interest that a particular following: proceeding should be closed. If the Sec- (i) The necessity for expeditious ac- retary determines that a proceeding tion; should be closed, the Secretary shall (ii) The risk of injury to affected state and make publicly available the members of the public; basis for that determination. (iii) The economic consequences of (b) Request. Upon receipt of a request the decisions to be rendered; and to present views and evidence under (iv) Such other factors as the Sec- the Act, the Secretary shall determine retary determines are appropriate. whether the proceeding will be a For- (d) Department representative. If the mal or an Informal Presentation of Department is to be represented by Views, and shall issue a notice under Counsel, such representation shall be paragraph (c) of this section. by a Department hearing attorney des- (c) Notice. When the Secretary de- ignated by the General Counsel. cides to conduct a Formal or an Infor- (e) Reporting and transcription. Oral mal Presentation of Views under this proceedings shall be stenographically section, the Secretary shall provide no- or mechanically reported and tran- tice as follows: scribed under the supervision of the (1) Except where the need for swift presiding officer, unless the presiding resolution of the question involved pro- officer and the parties otherwise agree, hibits it, notice of a proceeding herein which case a summary approved by under shall be published in the FED- the presiding officer shall be kept. The ERAL REGISTER at least 10 days prior to original transcript or summary shall the date of the proceeding. In any case, be a part of the record and the sole offi- notice shall be provided to interested cial transcript, or summary. A copy of persons to the maximum extent prac- the transcript or summary shall be ticable. Direct notice shall be sent by available to any person at a fee estab- certified mail to the parties involved in lished by the Secretary, which fee the the hearing. Secretary may waive in the public in- (2) The notice, whether published or terest. Any information contained in mailed, shall include a statement of the transcript or summary which the time, place and nature of the pro- would be exempt from required disclo- ceeding; reference to the authority sure under § 3282.54 of these regulations under which the proceeding will be may be protected from disclosure if ap- held; a statement of the subject matter propriate under that section upon a re- of the proceeding, the parties and quest for such protection under issues involved; and a statement of the § 3282.54(c). manner in which interested persons (f) Informal presentation of views. (1) shall be afforded the opportunity to An Informal Presentation of Views participate in the hearing. may be written or oral, and may in- (3) The notice shall designate the of- clude an opportunity for an oral pres- ficial who shall be the presiding officer entation, whether requested or not, for the proceedings and to whom all in- whenever the Secretary concludes that

154

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00164 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.152

an oral presentation would be in the participants in the presentation of public interest, and so states in the no- views. The Final Determination shall tice. A presiding officer shall preside be conclusive, with respect to persons over all oral presentations held under whose interests were represented. this subsection. The purpose of any (g) Formal presentation of views. (1) A such presentation shall be to gather in- Formal Presentation of Views is an ad- formation to allow fully informed deci- versary proceeding and includes an op- sion making. Informal Presentations of portunity for the oral presentation of Views shall not be adversary pro- evidence. All witnesses shall testify ceedings. Oral presentations shall be under oath or affirmation, which shall conducted in an informal but orderly be administered by the presiding offi- manner. The presiding officer shall cer. Participants shall have the right have the duty and authority to conduct to present such oral or documentary a fair proceeding, to take all necessary evidence and to conduct such cross-ex- action to avoid delay, and to maintain amination as the presiding officer de- order. In the absence of extraordinary termines is required for a full and true circumstances, the presiding officer at disclosure of facts. The presiding offi- an oral Informal Presentation of Views cer shall receive relevant and material shall not require that testimony be evidence, rule upon offers of proof and given under an oath or affirmation, and exclude all irrelevant, immaterial or shall not permit either cross-examina- unduly repetitious evidence. However, tion of witnesses by other witnesses or the technicalities of the rules of evi- their representatives, or the presen- dence prevailing in courts of law or eq- tation of rebuttal testimony by persons uity shall not control the conduct of a who have already testified. The rules of Formal Presentation of Views. The pre- evidence prevailing in courts of law or siding officer shall take all necessary equity shall not control the conduct of action to regulate the course of the oral Informal Presentations of Views. Formal Presentation of Views to avoid (2) Within 10 days after an Informal delay and to maintain order. The pre- Presentation of Views, the presiding of- siding officer may exclude the attorney ficer shall refer to the Secretary all or witness from further participation documentary evidence submitted, the in the particular Formal Presentation transcript, if any, a summary of the of Views and may render a decision ad- issues involved and information pre- verse to the interests of the excluded sented in the Informal Presentation of party in his absence. Views and the presiding official’s rec- (2) Decision. The presiding officer ommendations, with the rationale shall make and file an initial written therefor. The presiding officer shall decision on the matter in question. The make any appropriate statements con- decision shall be filed within 10 days cerning the apparent veracity of wit- after completion of the oral presen- nesses or the validity of factual asser- tation. The decision shall include: tions which may be within the com- petence of the presiding officer. The (i) A statement of findings of fact, Secretary shall issue a Final Deter- with specific references to principal mination concerning the matters at supporting items of evidence in the issue within 30 days of receipt of the record and conclusions, as well as the presiding officer’s summary. The Final reasons or bases therefor, upon all of Determination shall include: the material issues of law or discretion (i) A statement of findings, with spe- presented on the record, and cific references to principal supporting (ii) An appropriate order. items of evidence in the record and The presiding officer’s decision shall be conclusions, as well as the reasons or final and shall constitute the Final De- bases therefor, upon all of the material termination of the Secretary unless re- issues of fact, law, or discretion as pre- versed or modified within 30 days by sented on the record, and the Secretary. Notice of the Final De- (ii) An appropriate order. Notice of termination shall be given in writing, the Final Determination shall be given and transmitted by registered or cer- in writing and transmitted by certified tified mail, return receipt requested, to mail, return receipt requested, to all all participants in the proceeding. The

155

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00165 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.153 24 CFR Ch. XX (4–1–19 Edition)

Final Determination shall be conclu- § 3282.155 Investigations. sive with respect to persons whose in- The procedures for investigations and terests were represented. investigational proceedings are set [41 FR 19852, May 13, 1976, as amended at 51 forth in part 3800 of this chapter. FR 34467, Sept. 29, 1986] [61 FR 10442, Mar. 13, 1996] § 3282.153 Public participation in formal or informal presentation of § 3282.156 Petitions for investigations. views. (a) Any person may petition the Sec- (a) Any interested persons may par- retary in writing to open an investiga- ticipate, in writing, in any Formal or tion into whether noncompliances, defects, serious defects, or imminent Informal Presentation of Views held safety hazards exist in manufactured under the provisions of paragraph (f) or homes. A petition shall include the rea- (g) of § 3282.152. The presiding officer sons that the petitioner believes war- shall, to the extent practicable, con- rant an investigation, and it shall state sider any such written materials. any steps which have previously been (b) Any interested person may par- taken to remedy the situation. The pe- ticipate in the oral portion of any For- tition shall include all information mal or Informal Presentation of Views known to the petitioner concerning the held under paragraphs (f) and (g) of identity of manufactured homes which § 3282.152 unless the presiding officer de- may be affected and where those manu- termines that participation should be factured homes were manufactured. limited or barred so as not unduly to The Secretary shall respond to peti- prejudice the rights of the parties ditions concerning alleged imminent rectly involved or unnecessarily to safety hazards and serious defects delay the proceedings. within 60 days and to petitions alleging the existence of defects or noncompli- [51 FR 34468, Sept. 29, 1986] ances within 120 days. (b) Any person may petition the Sec- § 3282.154 Petitions for formal or in- retary in writing to undertake an informal presentations of views, and requests for extraordinary interim vestigation for the purpose of deter- relief. mining whether a primary inspection agency should be disqualified. The peti- Any person entitled to a Formal or tion shall set out all facts and informa- an Informal Presentation of Views tion on which the petition is based and under paragraph (f) or paragraph (g) of a detailed statement of why such infor- § 3282.152 in order to address issues as mation justifies disqualification. The provided for in § 3282.151(a) may peti- Secretary shall consider such petitions tion the Secretary to initiate such a when making determinations on final Presentation of Views. The petition acceptance and continued acceptance. may be accompanied by a request that The Secretary shall respond to such pe- the Secretary provide appropriate in- tition within 120 days. terim relief pending the issuance of the final determination or decision. No in- Subpart E—Manufacturer Inspec- terim relief will be granted unless tion and Certification Require- there is a showing of extraordinary ments cause. Upon receipt of a petition, the Secretary shall grant the petition and § 3282.201 Scope and purpose. issue the notice provided for in (a) This subpart sets out require- § 3282.152(b) for Formal or Informal ments which must be met by manufac- Presentation of Views, and may grant, turers of manufactured homes for sale deny or defer decision on any request to purchasers in the United States with for interim relief. respect to certification of manufac- [51 FR 34468, Sept. 29, 1986] tured home designs, inspection of designs, quality assurance programs, and manufactured home production, and certification of manufactured homes.

156

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00166 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.203

Other than references and a general de- for the same design and quality assur- scription of responsibilities, this sub- ance manual from more than one part does not set out requirements DAPIA. The choice of which DAPIA or with respect to remedial actions or re- DAPIAs to employ is left to the manu- ports which must be taken or filed facturer. under the Act and these regulations. (b) The manufacturer shall submit to (b) The purpose of this subpart is to the DAPIA such information as the require manufacturers to participate in DAPIA may require in order to carry a system of design approvals and in- out design approvals. This information spections which serve to assist them in shall, except where the manufacturer assuring that manufactured homes demonstrates to the DAPIA that it is which they manufacture will conform not necessary, include the following: to Federal standards. Such approvals (1) Construction drawings and/or and inspections provide significant pro- specifications showing structural detection to the public by decreasing the tails and layouts of frames, floors, number of manufactured homes with walls and roofs, and chassis; material possible defects in them, and provide specifications, framing details, door lo- protection to manufacturers by reduc- cations, etc., for each floor plan pro- ing the number of instances in which posed to be manufactured, costly remedial actions must be under- (2) Structural analysis and calcula- taken after manufactured homes are tions, test data and/or other accepted sold. engineering practices used by the man- § 3282.202 Primary inspection agency ufacturer to validate the design, contracts. (3) Complete heat loss calculations for each significant variation of home Each manufacturer shall enter into a design, contract or other agreement with as many Design Inspection Primary In- (4) Floor plans showing room ar- spection Agencies (DAPIAs) as it wish- rangement and sizes, window sizes, es and with enough Production Inspec- emergency exists and locations, location Primary Inspection Agencies tions of smoke alarms, fixed appliance (IPIAs) to provide IPIA services for range hoods, and other standards re- each manufacturing plant as set out in lated aspects of the manufactured this subpart and in subpart H of this home that can be shown on the floor part. In return for the services pro- plans, vided by the DAPIAs and IPIAs, each (5) Diagrams of the fuel supply sys- manufacturer shall pay such reason- tem, potable water system and drain, able fees as are agreed upon between waste and vent systems. The diagrams the manufacturer and the primary in- shall specify the types of materials spection agency or, in the case of a used, types of fittings and methods of State acting as an exclusive IPIA installing required safety equipment, under § 3282.3 such fees as may be estab- (6) Wiring diagrams, including circuit lished by the State. allocation of electrical load and branch circuit calculations, a table of the § 3282.203 DAPIA services. branch circuit protection provided, the (a) Each manufacturer shall have type of wiring used, and wiring meth- each manufactured home design and ods, each quality assurance manual which (7) Details showing the design of air it intends to follow approved by a supply and return systems, DAPIA under § 3282.361. The manufac- (8) Details of chassis construction, turer is free to choose which DAPIA components, connections and running will evaluate and approve its designs gear including rating capacities of and quality assurance materials manu- tires, facturer may obtain design and quality (9) A list of fixed and portable appli- assurance manual approval from a sin- ances furnished with the manufactured gle DAPIA regardless of the number of home, including type of appliance, rat- plants in which the design and quality ing of appliance, and applicable min- assurance manual will be followed. A imum and maximum performance rat- manufacturer may also obtain approval ings and/or energy requirements,

157

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00167 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.204 24 CFR Ch. XX (4–1–19 Edition)

(10) Detailed manufacturer installa- nization or of any affiliated organization instructions including specification. tions and procedures for the erection (g) Each manufacturer shall main- and hook-up of the home at its perma- tain a copy of the drawings, specifica- nent location, and tions, and sketches from each approved (11) Reports of all tests that were run design received from a DAPIA under to validate the conformance of the de- § 3282.361(b)(4) in each plant in which sign to the standards. manufactured homes are being pro- (c) The manufacturer shall submit to duced to the design. Each manufac- the DAPIA such information as the turer shall also maintain in each man- DAPIA may require in order to carry ufacturing plant a copy of the approved out quality assurance manual approv- quality assurance manual received als. At a minimum, this information from a DAPIA under § 3282.361(c)(3) that is being followed in the plant. These shall include the quality assurance materials shall be kept current and manual for which approval is sought. shall be readily accessible for use by That manual shall include the manu- the Secretary or other parties acting facturer’s quality assurance program, under these regulations. an organizational chart showing the accountability, by position, of the [41 FR 19852, May 13, 1976, as amended at 67 manufacturer’s quality control per- FR 12818, Mar. 19, 2002; 80 FR 53727, Sept. 8, sonnel, a description of production 2015] tests and test equipment required for § 3282.204 IPIA services. compliance with the standards, a station-by-station description of the man- (a) Each manufacturer shall obtain ufacturing process, a list of quality the services of an IPIA as set out in control inspections required by the § 3282.362 for each manufacturing plant manufacturer at each station, and operated by the manufacturer. identification by title of each person (b) The manufacturer shall make available to the IPIA operating in each who will be held accountable for each of its plants a copy of the drawings and quality control inspection. specifications from the DAPIA ap- (d) Manufacturers may be required to proved design and the quality assur- furnish supplementary information to ance manual for that plant, and the the DAPIA if the design information or IPIA shall perform an initial factory the quality assurance manual is not inspection as set out in § 3282.362(b). If complete or if any information is not the IPIA issues a deviation report after in accordance with accepted engineer- the initial factory inspection, the man- ing practice. ufacturer shall make any corrections (e) When a manufacturer wishes to or adjustments which are necessary to make a change in an approved design conform with the DAPIA approved de- or quality assurance manual, the man- signs and manuals. After the correc- ufacturer shall obtain the approval of tions required by the deviation report the DAPIA which approved the design are completed to the satisfaction of the or manual prior to production for sale. IPIA, the IPIA shall issue the certifi- The procedures for obtaining such ap- cation report as described in proval are set out in § 3282.361. When § 3282.362(b)(2). In certain instances a applicable under § 3282.605, the IPIA DAPIA may provide the certification must concur in the change before it report. (See § 3282.362) The manufac- can be approved by the DAPIA. turer shall maintain a current copy of (f) The information to be submitted each certification report in the plant to a DAPIA under § 3282.203 (b) and (c) to which the certification report re- may be prepared by the manufacturer’s lates. staff or outside consultants, including (c) After the certification report has other DAPIAs. However, a DAPIA may been signed by the IPIA, the manufac- not perform design or quality assur- turer shall obtain labels from the IPIA ance manual approvals for any manu- and shall affix them to completed man- facturer whose design or manual has ufactured homes as set out in been created or prepared in whole or in § 3282.362(c)(2). During the initial fac- part by members of the DAPIA’s orga- tory certification, the IPIA may apply

158

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00168 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.207

labels to manufactured homes which it ufactured homes a certification that knows to be in compliance with the such manufactured home, to the best of standards if it is performing complete the manufacturer’s knowledge and be- inspections of all phases of production lief, conforms to all applicable Federal of each manufactured home and the construction and safety standards. manufacturer authorizes it to apply la- This certification shall be in the form bels. of the label provided by the IPIA under (d) During the course of production § 3282.362(c)(2). The label shall be af- the manufacturer shall maintain a fixed only at the end of the last stage complete set of approved drawings, of production of the manufactured specifications, and approved design home. changes for the use of the IPIA’s in- (d) The manufacturer shall apply a spector and always available to that label required or allowed by the regula- inspector when in the manufacturing tions in this part only to a manufac- plant. tured home that the manufacturer (e) If during the course of production, knows by its inspections to be in com- an IPIA finds a failure to conform to a pliance with the standards. standard exists in a manufactured home under production, the manufac- [41 FR 19852, May 13, 1976, as amended at 41 turer must correct the failure to con- FR 24970, June 21, 1976; 61 FR 10860, Mar. 15, form in any manufactured home still in 1996] the factory and held by distributors or § 3282.206 Disagreement with IPIA or retailers and shall carry out remedial DAPIA. actions under § 3282.416(a) with respect to any other manufactured homes Whenever a manufacturer disagrees which may contain the same failure to with a finding by a DAPIA or an IPIA conform. acting in accordance with subpart H of this part, the manufacturer may re- [41 FR 19852, May 13, 1976, as amended at 78 quest a Formal or Informal Presen- FR 60199, Oct. 1, 2013] tation of Views as provided in § 3282.152. § 3282.205 Certification requirements. The manufacturer shall not, however, produce manufactured homes pursuant (a) Every manufacturer shall make a to designs which have not been ap- record of the serial number of each proved by a DAPIA or produce manu- manufactured home produced, and a factured homes which the relevant duly authorized representative of the IPIA believes not to conform to the manufacturer shall certify that each standards unless and until: manufactured home has been con- (a) The Secretary determines that structed in accordance with the Fed- the manufacturer is correct in believ- eral standards. The manufacturer shall ing the design of the manufactured furnish a copy of that certification to home conforms to the standards; or the IPIA for the purpose of deter- (b) Extraordinary interim relief is mining which manufactured homes are granted under § 3282.154; or subject to the notification and correction requirements of subpart I of this (c) The DAPIA or IPIA otherwise re- part. solves the disagreement. (b) Every manufacturer of manufac- [41 FR 19852, May 13, 1976, as amended at 51 tured homes shall certify on the data FR 34468, Sept. 29, 1986; 61 FR 10860, Mar. 15, plate as set out in § 3280.5 of chapter XX 1996] of 24 CFR and § 3282.362(c)(3) that the manufactured home is designed to § 3282.207 Manufactured home con- comply with the Federal manufactured sumer manual requirements. home construction and safety stand- (a) The manufacturer shall provide a ards in force at the time of manufac- consumer manual with each manufacture in addition to providing other in- tured home that enters the first stage formation required to be completed on of production on or after July 31, 1977, the data plate. pursuant to section 617 of the National (c) Every manufacturer of manufac- Manufactured Housing Construction tured homes shall furnish to the re- and Safety Standards Act, 42 U.S.C. tailer or distributor of each of its man- 5416.

159

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.207 24 CFR Ch. XX (4–1–19 Edition)

(b) The manufacturer shall provide that were reported during the 1-year period the consumer manual by placing a starting on the date of installation. Even manual in each such manufactured after the 1-year period, manufacturers have home before the manufactured home continuing responsibility to review certain problems that affect the intended use of the leaves the manufacturing plant. The manufactured home or its parts, but for manual shall be placed in a con- which correction may no longer be required spicuous location in a manner likely to under federal law. assure that it is not removed until the (2) The manufacturer must include purchaser removes it. (c) If a manufacturer is informed that the following language under a heading a purchaser did not receive a consumer of ‘‘Additional Information ‘‘ HUD manual, the manufacturer shall pro- Manufactured Home Dispute Resolu- vide the appropriate manual to the tion Program’’ in the consumer man- purchaser within 30 days of being so in- ual: formed. The steps and information outlined below (d) No retailer or distributor may apply only to the HUD Manufactured Home interfere with the distribution of the Dispute Resolution Program that operates in consumer manual. When necessary, the HUD-administered states, as described under retailer or distributor shall take any the heading ‘‘Dispute Resolution Informa- tion’’ in this manual. Under the HUD Manu- appropriate steps to assure that the factured Home Dispute Resolution Program, purchaser receives a consumer manual homeowners must report defects to the man- from the manufacturer. ufacturer, retailer, installer, a State Admin- (e) Dispute resolution information. (1) istrative Agency, or HUD within 1 year after The manufacturer must include the fol- the date of the first installation. Home- lowing language under a heading of owners are encouraged to report defects in ‘‘Dispute Resolution Process’’ in the writing, including, but not limited to, email, consumer manual: written letter, certified mail, or fax, but they may also make a report by telephone. Many states have a consumer assistance or To demonstrate that the report was made dispute resolution program that homeowners within 1 year after the date of installation, may use to resolve problems with manufac- homeowners should report defects in a man- turers, retailers, or installers concerning de- ner that will create a dated record of the re- fects in their manufactured homes that port: for example, by certified mail, by fax, render part of the home unfit for its intended or by email. When making a report by tele- use. Such state programs may include a phone, homeowners are encouraged to make process to resolve a dispute among a manu- a note of the phone call, including names of facturer, a retailer, and an installer about conversants, date, and time. No particular who will correct the defect. In states where format is required to submit a report of an there is not a dispute resolution program alleged defect, but any such report should at that meets the federal requirements, the a minimum include a description of the al- HUD Manufactured Home Dispute Resolu- leged defect, the name of the homeowner, tion Program will operate. These are ‘‘HUD- and the address of the home. administered states.’’ The HUD Manufac- Homeowners are encouraged to send re- tured Home Dispute Resolution Program is ports of an alleged defect first to the manu- not for cosmetic or minor problems in the facturer, retailer, or installer of the manu- home. You may contact the HUD Manufac- factured home, or a State Administrative tured Housing Program Office at (202) 708– Agency. Reports of alleged defects may also 6423 or (800) 927–2891, or visit the HUD be sent to HUD at: HUD, Office of Regulatory website at www.hud.gov to determine wheth- Affairs and Manufactured Housing, Attn: er your state has a state program or whether Dispute Resolution, 451 Seventh Street, SW., you should use the HUD Manufactured Home Washington, DC 20410–8000; faxed to (202) 708– Dispute Resolution Program. Contact infor- 4213; e-mailed to [email protected], or reported mation for state programs is also available telephonically at (202) 708–6423 or (800) 927– on the HUD website. If your state has a state 2891. program, please contact the state for infor- If, after taking the steps outlined above, mation about the program, how it operates, the homeowner does not receive a satisfac- and what steps to take to request dispute tory response from the manufacturer, re- resolution. When there is no state dispute tailer, or installer, the homeowner may file resolution program, a homeowner may use a dispute resolution request with the dispute the HUD Manufactured Home Dispute Reso- resolution provider in writing, or by making lution Program to resolve disputes among a request by phone. No particular format is the manufacturer, retailer, and installer required to make a request for dispute reso- about responsibility for the correction or re- lution, but the request should generally in- pair of defects in the manufactured home clude the following information:

160

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00170 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.208

(1) The name, address, and contact infor- (f) If a consumer manual or a change mation of the homeowner; or revision to a manual does not sub- (2) The name and contact information of stantially comply with the guidelines the manufacturer, retailer, and installer of issued by HUD, the manufacturer shall the manufactured home; cease distribution of the consumer (3) The date or dates the report of the al- manual and shall provide a corrected leged defect was made; manual for each manufactured home (4) Identification of the entities or persons to whom each report of the alleged defect for which the inadequate or incorrect was made and the method that was used to manual or revision was provided. A make the report; manual substantially complies with (5) The date of installation of the manufac- the guidelines if it includes the lan- tured home affected by the alleged defect; guage in paragraph (e) of this section and and presents current material on each (6) A description of the alleged defect. of the subjects covered in the guide- Information about the dispute resolution lines in sufficient detail to inform con- provider and how to make a request for dis- sumers about the operation, mainte- pute resolution is available at http:// nance, and repair of manufactured www.hud.gov or by contacting the Office of homes. An updated copy of guidelines Manufactured Housing Programs at (202) 708– published in the FEDERAL REGISTER on 6423 or (800) 927–2891. March 15, 1996, can be obtained by con- A screening agent will review the request tacting the Office of Manufactured and, as appropriate, forward the request to the manufacturer, retailer, installer, and Housing and Regulatory Functions, De- mediator. The mediator will mediate the dis- partment of Housing and Urban Devel- pute and attempt to facilitate a settlement. opment, 451 Seventh Street, SW., The parties to a settlement include, as appli- Washington, DC, 20410; the Information cable, the manufacturer, retailer, and in- Center, Department of Housing and staller. If the parties are unable to reach a Urban Development, Room 1202, 451 settlement that results in correction or re- Seventh Street, SW., Washington, DC, pair of the alleged defect, any party or the 20410; or any HUD Area or State Office. homeowner may request nonbinding arbitration. Should any party refuse to participate, [61 FR 10860, Mar. 15, 1996, as amended at 72 the arbitration shall proceed without that FR 27228, May 14, 2007] party’s input. Once the arbitrator makes a non-binding recommendation, the arbitrator § 3282.208 Remedial actions—general will forward it to the parties and HUD. HUD description. will have the option of adopting, modifying, (a) Notification. A manufacturer may or rejecting the recommendation when be required to provide formal notice to issuing an order requiring the responsible party or parties to make any corrections or manufactured home owners and retail- repairs in the home. At any time before HUD ers, as set out in subpart I of this part, issues a final order, the parties may submit if the manufacturer, the Secretary, or an offer of settlement to HUD that may, at a State Administrative Agency deter- HUD’s discretion, be incorporated into the mines under that subpart that an im- order. minent safety hazard, serious defect, In circumstances where the parties agree defect, or noncompliance exists or may that one or more of them, and not the home- exist in a manufactured home produced owner, is responsible for the alleged defect, by that manufacturer. the parties will have the opportunity to re- (b) Correction. A manufacturer may solve the dispute outside of the HUD Medi- ation and Arbitration process by using the be required to correct imminent safety Alternative Process. Homeowners will main- hazards and serious defects which the tain the right to be informed in writing of manufacturer or the Secretary deter- the outcome when the Alternative Process is mines under subpart I exist in manu- used, within 5 days of the outcome. At any factured homes produced by the manu- time after 30 days of the Alternative Process facturer. This correction would be car- notification, any participant or the home- ried out in addition to the sending of owner may invoke the HUD Manufactured formal notice as described in paragraph Home Dispute Resolution Program and proceed to mediation. (a) of this section. The HUD Manufactured Home Dispute Res- (c) Cooperation. The manufacturer olution Program is not a warranty program shall be responsible for working with and does not replace the manufacturer’s or the DAPIA, IPIA, any SAA, the Sec- any other warranty program. retary, and the Secretary’s agent as

161

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00171 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.209 24 CFR Ch. XX (4–1–19 Edition)

necessary in the course of carrying out tailer, please be sure that your retailer has investigations and remedial actions completed and mailed a card for you. If you under subpart I. acquired your home from someone who is not (d) Avoidance of formalities. The provi- a retailer, you should promptly fill out and send a card to the manufacturer. It is impor- sions for notification and required cor- tant that you keep this booklet and give it rection outlined in paragraphs (a) and to any person who buys the manufactured (b) of this section and described more home from you.’’ fully in subpart I may be waived or (2) The detachable cards shall con- avoided in certain circumstances under tain blanks for the following informa- that subpart. tion: § 3282.209 Report requirements. (i) Name and address of the retailer or other person selling the manufac- The manufacturer shall submit re- tured home to the purchaser; ports to the PIAs, SAAs, and the Sec- (ii) Name and complete mailing ad- retary as required by subpart L of dress of the manufactured home pur- these regulations. chaser; § 3282.210 Payment of monitoring fee. (iii) Address where the manufactured home will be located, if not the same as (a) Each manufacturer shall pay the item (a)(2)(ii) of this section. monitoring fee established under (iv) Date of sale to the purchaser; §§ 3282.307 and 3282.454 for each trans- (v) Month, day and year of manufac- portable section of each manufactured ture; housing unit that it manufactures (vi) Identification number of the under the Federal standards. manufactured home; (b) The monitoring fee shall be paid (vii) Model and/or type designation of in the form of a check made payable to the manufactured home as provided by the Secretary or the Secretary’s agent. the manufacturer; and The manufacturer shall give to the (viii) A designation of the zones for IPIA (or to any other person or agency which the manufactured home is designated in writing by the Secretary) equipped, as set forth in § 3280.305 in the required check in the amount of this title. the number of labels, as required by Additionally, the cards shall have the § 3282.365, multiplied by the amount of name and address of the manufacturer the fee per transportable section of printed clearly on the reverse side and each manufactured housing unit. shall contain adequate postage or busi- [50 FR 28398, July 12, 1985] ness reply privileges to ensure return to the manufacturer. The manufac- § 3282.211 Record of purchasers. turer shall have the responsibility for (a) Information requirements for pur- filing in the blanks on the cards for chasers. (1) Every manufacturer of man- paragraphs (a)(2) (v), (vi), (vii), and ufactured homes shall, for each manu- (viii) of this section. factured home manufactured under the (3) The manufacturer shall maintain Federal standards, provide with the all cards received so that the manufac- manufactured home a booklet con- turer has a readily accessible record of taining at least 3 detachable cards as the current purchaser or owner and the described in paragraph (a)(2) of this current address of all manufactured section. On the front of the booklet, in homes manufactured by it for which a bold faced type, shall be printed the card has been received. following language: ‘‘Keep this booklet with your manufac- Subpart F—Retailer and Distributor tured home. Title VI of the Housing and Responsibilities Community Development Act of 1974 provides you with protection against certain § 3282.251 Scope and purpose. construction and safety hazards in your (a) This subpart sets out the respon- manufactured home. To help assure your protection, the manufacturer of your manu- sibilities which shall be met by dis- factured home needs the information which tributors and retailers with respect to these cards, when completed and mailed, will manufactured homes manufactured supply. If you bought your home from a re- after the effective date of the standards

162

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00172 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.253

for sale to purchasers in the United home. The sale is also complete upon States. It prohibits the sale, lease, or delivery to the site if the retailer has offer for sale or lease of manufactured not agreed to provide installation as homes known by the distributor or re- completion of sale, except that any tailer not to be in conformance with sale or lease under subpart M and as the standards, and it includes respon- provided in § 3286.117(a) will not be con- sibilities for maintaining certain sidered complete until the purchaser or records and assisting in the gathering lessor, as applicable, has been provided of certain information. with a final site inspection report. (b) The purpose of this subpart is to (c) This prohibition of sale does not inform distributors and retailers when apply to manufactured homes which they may sell manufactured homes, are placed in production prior to the ef- when they are prohibited from selling fective date of the standards, and it manufactured homes, and what they does not apply to ‘‘used’’ manufactured may do in order to prepare a manufac- homes which are being sold or offered tured home for sale if it is not in con- for sale after the first purchase in good formance with the standards. faith for purposes other than the re- (c) For purposes of this part, any sale. manufacturer or distributor who sells, [41 FR 19852, May 13, 1976, as amended at 80 leases, or offers for sale or lease a man- FR 53727, Sept. 8, 2015] ufactured home to a purchaser shall be a retailer for purposes of that trans- § 3282.253 Removal of prohibition of action. sale. (a) If a distributor or retailer has a § 3282.252 Prohibition of sale. manufactured home in its possession or (a) No distributor or retailer shall a manufactured home with respect to a make use of any means of transpor- sales transaction has not yet been com- tation affecting interstate or foreign pleted, and a distributor or retailer commerce or the mails to sell, lease, or knows as a result of notification by the offer for sale or lease in the United manufacturer or otherwise that the States any manufactured home manu- manufactured home contains a failure factured on or after the effective date to conform or imminent safety hazard, of an applicable standard unless: the distributor or retailer may seek (1) There is affixed to the manufac- the remedies available under § 3282.415. tured home a label certifying that the (b) When, in accordance with manufactured home conforms to appli- § 3282.415, a manufacturer corrects a cable standards as required by failure to conform to the applicable § 3282.205(c), and standard or an imminent safety hazard, (2) The distributor or retailer, acting the distributor or retailer, acting as a as a reasonable distributor or retailer, reasonable distributor or retailer, may does not know that the manufactured accept the remedies provided by the home does not conform to any applica- manufacturer as having corrected the ble standards. failure to conform or imminent safety (b) This prohibition applies to any af- hazard. The distributor or retailer, fected manufactured homes until the therefore, may sell, lease, or offer for completion of the entire sales trans- sale or lease any manufactured home action. A sales transaction with a pur- so corrected by the manufacturer. chaser is considered completed when (c) When a distributor or retailer is all the goods and services that the re- authorized by a manufacturer to cor- tailer agreed to provide at the time the rect a failure to conform to the appli- contract was entered into have been cable standard or an imminent safety provided. Completion of a retail sale hazard and completes the correction in will be at the time the retailer com- accordance with the manufacturer’s in- pletes installation of the manufactured structions, the distributor or retailer home, if the retailer has agreed to pro- may sell, or lease or offer for sale or vide the installation, or at the time the lease the manufactured home in ques- retailer delivers the home to a trans- tion, provided that the distributor or porter, if the retailer has not agreed to retailer, acting as a reasonable dis- transport or install the manufactured tributor or retailer knows that the

163

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00173 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.254 24 CFR Ch. XX (4–1–19 Edition)

manufactured home conforms to the turer of the manufactured home in an standards. A distributor or retailer and appropriate format. a manufacturer, at the manufacturer’s option, may agree in advance that the § 3282.256 Distributor or retailer com- distributor or retailer is authorized to plaint handling. make such corrections as the manufac- (a) When a distributor or retailer be- turer believes are within the expertise lieves that a manufactured home in its of the dealer. possession which it has not yet sold to (d) If the corrections made under a purchaser contains an imminent safe- paragraphs (b) and (c) of this section do ty hazard, serious defect, defect, or not bring the manufactured home into noncompliance, the distributor or re- conformance or correct the imminent tailer shall refer the matter to the safety hazard, the provisions of manufacturer for remedial action § 3282.415 will continue in effect prior to under § 3282.415. If the distributor or re- completion of the sales transaction. tailer is not satisfied with the action taken by the manufacturer, it may [41 FR 19852, May 13, 1976, as amended at 78 FR 60199, Oct. 1, 2013] refer the matter to the SAA in the state in which the manufactured home § 3282.254 Distributor and retailer al- is located, or to the Secretary if there terations. is no such SAA. (a) If a distributor or retailer alters a (b) Where a distributor or retailer re- manufactured home in such a way as to ceives a consumer complaint or other create an imminent safety hazard or to information concerning a manufac- create a condition which causes a fail- tured home sold by the distributor or ure to conform with applicable Federal retailer, indicating the possible exist- standards, the manufactured home af- ence of an imminent safety hazard, se- fected may not be sold, leased, or of- rious defect, defect, or noncompliance fered for sale or lease. in the manufactured home, the dis- (b) After correction by the distributor or retailer shall refer the mat- tributor or retailer of the failure to ter to the manufacturer. conform or imminent safety hazard, the corrected manufactured home may Subpart G—State Administrative be sold, leased, or offered for sale or Agencies lease. (c) Distributors and retailers shall § 3282.301 General—scope. maintain complete records of all alter- This subpart sets out procedures to ations made under paragraphs (a) and be followed and requirements to be met (b) of this section. by States which wish to participate as State Administrative Agencies (SAA) § 3282.255 Completion of information under the Federal standards enforce- card. ment program. Requirements relating (a) Whenever a distributor or retailer to States which wish to participate as sells a manufactured home subject to primary inspection agencies under the the standards to a purchaser, the dis- Federal standards enforcement pro- tributor or retailer shall fill out the gram are set out in subpart H of this card with information provided by the part. Requirements which States must purchaser and shall send the card to meet in order to receive full or condi- the manufacturer. (See § 3282.211.) tional approval as SAAs and the re- (b) Whenever a distributor or retailer sponsibilities of such agencies are set sells a manufactured home to an owner out in § 3282.302. Reporting require- which was originally manufactured ments for approved and conditionally under the standards, the distributor or approved SAAs are set out in subpart retailer shall similarly use one of the L. detachable cards which was originally provided with the manufactured home. § 3282.302 State plan. If such a card is no longer available, A State wishing to qualify and act as the distributor or retailer shall obtain an SAA under this subpart shall make the information which the card would a State Plan Application under this require and send it to the manufac- section. The State Plan Application

164

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00174 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.302

shall be made to the Administrator, Of- manufactured homes are manufac- fice of Manufactured Housing Pro- tured, grams, Office of Housing, Department (3) Provide for the imposition under of Housing and Urban Development, 451 State authority of civil and criminal 7th Street SW., Washington, DC 20410, penalties which are identical to those and shall include: set out in section 611 of the Act, 42 (a) An original and one copy of a U.S.C. 5410 except that civil penalties cover sheet which shall show the fol- shall be payable to the State rather lowing: than to the United States, (1) The name and address of the State (4) Provide for the notification and agency designated as the sole agency correction procedures under subpart I responsible for administering the plan of this part where the SAA is to act throughout the State, under that subpart by providing the re- (2) The name of the administrator in quired approval by the SAA of the plan charge of the agency, for notification and correction de- (3) The name, title, address, and scribed in §§ 3282.408, 3282.409, and phone number of the person responsible 3282.410, including approval of the num- for handling consumer complaints con- ber of units that may be affected and cerning standards related problems in the proposed repairs, and by providing manufactured homes under subpart I of for approval of corrective actions this part, where appropriate under subpart I, (4) A list of personnel who will carry (5) Provide for oversight by the SAA out the State plan, of: (5) The number of manufactured (i) Remedial actions carried out by home manufacturing plants presently manufacturers for which the SAA ap- operating in the State, proved the plan for notification and (6) The estimated total number of correction or for which the SAA has manufactured homes manufactured in waived formal notification under sub- the State per year, part I. (7) The estimated total number of (ii) A manufacturer’s handling of manufactured homes set up in the consumer complaints and other infor- State per year, and mation under subpart I as to plants lo- (8) A certification signed by the ad- cated in the State. ministrator in charge of the designated (6) Provide for the setting of moni- State agency stating that, if it is ap- toring inspection fees in accordance proved by the Secretary, the State plan with guidelines established by the Sec- will be carried out in full, and that the retary and provide for participation in regulations issued under the Act shall the fee distribution system set out in be followed, § 3282.307. (b) An original and one copy of appro- (7) Contain satisfactory assurances in priate materials which: whatever form is appropriate under (1) Demonstrate how the designated State law that the designated agency State agency shall ensure effective has or will have the legal authority handling of consumer complaints and necessary to carry out the State plan other information referred to it that as submitted for full or conditional ap- relate to noncompliances, defects, seri- proval, ous defects or imminent safety hazards (8) Contain satisfactory assurances as set out in subpart I of this part, in- that the designated agency has or will cluding the holding of Formal and In- have, in its own staff or provided by formal Presentations of Views and the other agencies of the state or other- fulfilling of all other responsibilities of wise, the personnel, qualified by edu- SAAs as set out in this subpart G, cation or experience necessary to carry (2) Provide that personnel of the des- out the State plan, ignated agency shall, under State law (9) Include the resumes of adminis- or as agents of HUD, have the right at trative personnel in policy making po- any reasonable time to enter and in- sitions and of all inspectors and engi- spect all factories, warehouses, or es- neers to be utilized by the designated tablishments in the State in which agency in carrying out the State plan,

165

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00175 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.303 24 CFR Ch. XX (4–1–19 Edition)

(10) Include a certification that none retary may for good cause grant an ex- of the personnel who may be involved tension of conditional approval upon in carrying out the State plan in any petition by the SAA. way are subject to any conflict of in- (d) If a State wishes to discontinue terest of the type discussed in § 3282.359 participation in the Federal enforce- or otherwise, except that members of ment program as an SAA, it shall pro- councils, committees, or similar bodies vide the Secretary with a minimum of providing advice to the designated 90 days notice. agency are not subject to the require- (e) Exclusive IPIA status. (1) A State ment, that wishes to act as an exclusive IPIA (11) Include an estimate of the cost to under § 3282.352 shall so indicate in its the State of carrying out all activities State Plan and shall include in the in- called for in the State plan, under this formation provided under paragraph section and § 3282.303, which estimate (b)(11) of this section the fee schedule shall be broken down by particular for the State’s activities as an IPIA function and indicate the correlation and the relationship between the pro- between the estimate and the number posed fees and the other information of manufactured homes manufactured provided under paragraph (b)(11) of this in the State and the number of manu- section. If the Secretary determines factured homes imported into the that the fees to be charged by a State State, and the relationship of these acting as an IPIA are unreasonable, the factors to any fees currently charged Secretary shall not grant the State and any fees charged during the pre- status as an exclusive IPIA. ceding two calendar years. A descrip- (2) The State shall also demonstrate tion of all current and past State ac- in its State Plan that it has the tivities with respect to manufactured present capability to act as an IPIA for homes shall be included with this esti- all plants operating in the State. mate. [41 FR 19852, May 13, 1976, as amended at 47 (12) Give satisfactory assurances that FR 5888, Feb. 9, 1982; 51 FR 34468, Sept. 29, the State shall devote adequate funds 1986; 61 FR 10860, Mar. 15, 1996; 78 FR 60199, to carrying out its State plan, Oct. 1, 2013] (13) Indicate that State Law requires manufacturers, distributors, and retail- § 3282.303 State plan—suggested provi- ers in the State to make reports pursu- sions. ant to section 614 of the Act 42 U.S.C. The following are not required to be 5413 and this chapter of these regula- included in the State plan, but they are tions in the same manner and to the urged as necessary to provide full con- same extent as if the State plan were sumer protection and assurances of not in effect, manufactured home safety: (14) Provide that the designated (a) Provision for monitoring of re- agency shall make reports to the Sec- tailers’ lots within the State for tran- retary as required by subpart L of this sit damage, seal tampering, and re- part in such form and containing such tailer performance generally, information as the Secretary shall (b) Provision of approvals of all alter- from time to time require, ations made to certified manufactured (c) A state plan may be granted con- homes by retailer in the State. Under ditional approval if all of the require- this program, the State would assure ments of § 3282.302 (a) and (b) are met that alterations did not result in the except paragraphs (b)(2), (b)(3), (b)(6) or failure of the manufactured home to (b)(13). When conditional approval is comply with the standards. given, the state shall not be considered (c) Provision for monitoring of the approved under section 623 of the Act, installation of manufactured homes set 42 U.S.C. 5422, but it will participate in up in the State to assure that the all phases of the program as called for homes are properly installed and, in its State plan. Conditional approval where necessary, tied down, shall last for a maximum of five years, (d) Provision for inspection of used by which time all requirements shall manufactured homes and requirements be met for full approval, or conditional under State authority that used manu- approval shall lapse. However, the Sec- factured homes meet a minimal level

166

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00176 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.307

of safety and durability at the time of § 3282.307 Monitoring inspection fee sale, and, establishment and distribution. (e) Provision for regulation of manu- (a) Each approved State shall estab- factured home transportation over the lish a monitoring inspection fee in an road to the extent that such regulation amount required by the Secretary. is not preempted by Federal authority. This fee shall be an amount paid by each manufactured home manufacturer § 3282.304 Inadequate State plan. in the State for each transportable sec- If the Secretary determines that a tion of each manufactured housing unit State plan submitted under this sub- produced by the manufacturer in that part is not adequate, the designated State. In non-approved and condi- State agency shall be informed of the tionally-approved States, the fee shall be set by the Secretary. additions and corrections required for (b) The monitoring inspection fee approval. A revised State plan shall be shall be paid by the manufacturer to submitted within 30 days of receipt of the Secretary or to the Secretary’s such determination. If the revised Agent, who shall distribute a portion of State plan is inadequate or if the State the fees collected from all manufac- fails to resubmit within the 30 day pe- tured home manufacturers among the riod or otherwise indicates that it does approved and conditionally-approved not intend to change its State plan as States in accordance with an agree- submitted, the Secretary shall notify ment between the Secretary and the the designated State agency that the States and based upon the following State plan is not approved and that it formula: has a right to a hearing on the dis- (1) $9.00 of the monitoring inspection approval in accordance with subpart D fee collected for each transportable of this part. section of each new manufactured housing unit that, after leaving the § 3282.305 State plan approval. manufacturing plant, is first located on The Secretary’s approval or condi- the premises of a retailer, distributor, tional approval of a State plan Appli- or purchaser in that State; plus cation shall qualify that State to per- (2) $2.50 of the monitoring inspection form the functions for which it has fee collected for each transportable been approved. section of each new manufactured housing unit produced in a manufac- § 3282.306 Withdrawal of State ap- turing plant in that State. proval. (c) A portion of the monitoring inspection fee collected also shall be dis- The Secretary shall, on the basis of tributed by the Secretary or the Sec- reports submitted by the State, and on retary’s Agent based on the extent of the basis of HUD monitoring, make a participation of the State in the Joint continuing evaluation of the manner in Team Monitoring Program set out in which each State is carrying out its § 3282.308. State plan and shall submit the reports (d) To assure that a State devotes of such evaluation to the appropriate adequate funds to carry out its State committees of the Congress. Whenever Plan, a State may impose an additional the Secretary finds, after affording due reasonable inspection fee to offset ex- notice and opportunity for a hearing in penses incurred by that State in con- accordance with subpart D of this part, ducting inspections. Such fee shall not that in the administration of the State exceed that amount which is the dif- program there is a failure to comply ference between the amount of funds substantially with any provision of the distributed to the State as provided in State plan or that the State plan has paragraph (b) of this section and the become inadequate, the Secretary shall amount necessary to cover the costs of notify the State of withdrawal of ap- inspections. Such fee shall be part of proval or conditional approval of the the State Plan pursuant to § 3282.302(b) State program. The State program (11) and (12) and shall be subject to the shall cease to be in effect at such time approval of the Secretary pursuant to as the Secretary may establish. § 3282.305.

167

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00177 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.308 24 CFR Ch. XX (4–1–19 Edition)

(e) The Secretary may establish by primary inspection agencies as set out notice in the FEDERAL REGISTER a in subpart J. If an SAA wishes to do so, monitoring inspection fee which is to it must include in its State plan a list be paid by manufacturers for each of what personnel would be supplied for transportable section of each manufac- the teams, their qualifications, and tured housing unit manufactured in how many person-years the State nonapproved and conditionally ap- would supply. All personnel will be sub- proved States as described in § 3282.210. ject to approval by the Secretary or To determine the amount of the inspec- the Secretary’s agent. A person-year is tion fee to be paid for each transport- 2,080 hours of work. able section of each manufactured (b) If an SAA wishes to monitor the home, the Secretary shall divide the performance of primary inspection (estimated) number of transportable agencies acting within the State, it sections of manufactured homes (based must include in its State plan a de- on recent industry production figures) scription of how extensively, how into the anticipated aggregate cost of often, and by whom this will be carried conducting the inspection program in out. This monitoring shall be coordi- the foreseeable feature. The time pe- nated by the Secretary, or the Sec- riod selected for projecting the Depart- retary’s agent with monitoring carried ment’s inspection-related costs and out by joint monitoring teams, and in number of transportable sections need no event shall an SAA provide moni- not always be the same, but must be toring where the State is also acting as for a period of sufficient duration to a primary inspection agency. provide for access to reasonable underlying data. To determine the aggregate § 3282.309 Formal and informal pres- cost of conducting the inspection pro- entations of views held by SAAs. gram, the Secretary shall calculate the (a) When an SAA is the appropriate sum necessary to support: agency to hold a Formal or Informal (1) Inspection-related activities of Presentation of Views under § 3282.412 State Administrative Agencies; of subpart I, the SAA shall follow the (2) Inspection-related activities per- procedures set out in §§ 3282.152 and formed by the Department of Housing 3282.153, with the SAA acting as the and Urban Development; Secretary otherwise would under that (3) Inspection-related activities per- section. Where § 3282.152 requires publi- formed by monitoring inspection con- cation of notice in the FEDERAL REG- tractors; ISTER, the SAA shall, to the maximum (4) Miscellaneous activities involving extent possible, provide equivalent no- the performance of inspection-related tice throughout the State by publica- activities by the Department, includ- tion in the newspaper or newspapers ing on-site inspections on an ad hoc having statewide coverage or other- basis; and wise. The determination of whether to (5) Maintenance of adequate funds to provide an Informal Presentation of offset short-term fluctuations in costs Views under § 3282.152(f), or a Formal that do not warrant revising the fee Presentation of Views under under the authority of this section. § 3282.152(g), is left to the SAA. (f) The Secretary may at any time re- (b) Notwithstanding the provisions of vise the amount of the fees established § 3282.152(f)(2) and (g)(2) relating to the under paragraph (a) or (e) of this sec- conclusive effect of a final determination by placing a notice of the amount tion, any party, in a proceeding held at of the revised fee in the FEDERAL REG- an SAA under this section, including ISTER. specifically the owners of affected [50 FR 28398, July 12, 1985, as amended at 56 manufactured homes, States in which FR 65186, Dec. 16, 1991] affected manufactured homes are located, consumer groups representing § 3282.308 State participation in moni- affected owners and manufacturers toring of primary inspection agen- (but limited to parties with similar cies. substantial interest) may appeal to the (a) An SAA may provide personnel to Secretary in writing any Final Deter- participate in joint team monitoring of mination by an SAA which is adverse

168

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00178 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.352

to the interest of that party. This ap- spection Primary Inspection Agen- peal on the record shall be made within cies—IPIAs). 30 days of the date on which the Final (d) States and private organizations Determination was made by the SAA. whose submissions under this subpart [41 FR 19852, May 13, 1976, as amended at 51 are acceptable shall be granted provi- FR 34468, Sept. 29, 1986; 78 FR 60199, Oct. 1, sional acceptance. Final acceptance 2013] shall be conditioned upon adequate performance, which will be determined Subpart H—Primary Inspection through monitoring of the actions of Agencies the primary inspection agencies. Moni- toring of all primary inspection agen- § 3282.351 General. cies shall be carried out as set out in subpart J. HUD accepted agencies can (a) This subpart sets out the require- perform DAPIA functions for any man- ments which must be met by States or ufacturer in any State and IPIA func- private organizations which wish to tions in any State except those in qualify as primary inspection agencies which the State has been approved to under these regulations. It also sets act as the exclusive IPIA under out the various functions which will be § 3282.352. carried out by primary inspection agencies. (e) Primary inspection agencies ap- (b) There are four basic functions proved under this subpart may con- which are performed by primary in- tract with manufactured home manu- spection agencies: facturers (see § 3282.202) to provide the (1) Approval of the manufacturer’s services set out in this subpart. Any manufactured home design to assure PIA which charges fees which are ex- that it is in compliance with the stand- cessive in relation to the services ren- ard; dered shall be subject to disqualifica- (2) Approval of the manufacturer’s tion under § 3282.356. quality control program to assure that § 3282.352 State exclusive IPIA func- it is compatible with the design; tions. (3) Approval of the manufacturer’s plant facility and manufacturing proc- (a) Any State which has an approved ess to assure that the manufacturer State Administrative Agency may, if can perform its approved quality con- accepted as an IPIA, act as the exclu- trol program and can produce manufac- sive IPIA within the State. A State tured homes in conformance with its which acts as an IPIA but is not ap- approved design, and proved as an SAA may not act as the (4) Performance of ongoing inspec- exclusive IPIA in the State. A State tions of the manufacturing process in which acts as an exclusive IPIA shall each manufacturing plant to assure be staffed to provide IPIA services to that the manufacturer is continuing to all manufacturers within the state and perform its approved quality control may not charge unreasonable fees for program and, with respect to those as- those services. pects of manufactured homes in- (b) States which wish to act as exclu- spected, is continuing to produce man- sive IPIAs shall apply for approval to ufactured homes in performance with do so in their State plan applications. its approved designs and in conform- They shall specify the fees they will ance with the standards (see charge for IPIA services and shall sub- § 3282.362(c)(1)). mit proposed fee revisions to the Sec- (c) There are two types of primary in- retary prior to instituting any change spection agencies which perform these in fees. If at any time the Secretary functions: finds that those fees are not commen- (1) Those which approve designs and surate with the fees generally being quality control programs (Design Ap- charged for similar services, the Sec- proval Primary Inspection Agencies— retary will withhold or revoke approval DAPIAs) and to act as an exclusive IPIA. States act- (2) Those which approve plants and ing as DAPIAs and also as exclusive perform ongoing inspections in the IPIAs shall establish separate fees for manufacturing plants (Production In- the two functions and shall specify

169

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00179 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.353 24 CFR Ch. XX (4–1–19 Edition)

what additional services (such as ap- (7) A certification by the party apply- proval of design changes and full time ing that it will follow the Federal man- inspections) these fees cover. As pro- ufactured home construction and safe- vided in § 3282.302(b)(11), each State ty standards set out at 24 CFR part 3280 shall submit fee schedules for its ac- and any interpretations of those stand- tivities and, where appropriate, the ards which may be made by the Sec- fees presently charged for DAPIA and retary. IPIA services, and any fees charged for (b) A detailed schedule of fees to be DAPIA and IPIA services during the charged broken down by the services preceding two calendar years. (c) A State’s status as an exclusive for which they will be charged. IPIA shall commence upon approval of (c) A detailed description of how the the State Plan Application and accept- submitting party intends to carry out ance of the State’s submission under all of the functions for which it wishes § 3282.355. Where a private organization to be approved under this subpart, with accepted or provisionally accepted as appropriate cross-references to sec- an IPIA under this subpart H is oper- tions of this subpart, including exam- ating in a manufacturing plant within ples and complete descriptions of all the State on the date the State’s status reports, tests, and evaluations which as an exclusive IPIA commences, the the party would be required to make. private organization may provide IPIA Where appropriate, later sections of services in that plant for 90 days after this subpart identify particular items that date. which must be included in the submis- [61 FR 10861, Mar. 15, 1996] sion. The Secretary may request further detailed information, when appro- § 3282.353 Submission format. priate. States and private organizations that (d) A party wishing to be approved as wish to act as primary inspection agen- a DAPIA shall submit a copy of a man- cies shall submit to the Administrator, ufactured home design that it has ap- Office of Manufactured Housing Pro- proved (or if it has not approved a de- grams, Office of Housing, Department sign, one that it has evaluated and a of Housing and Urban Development, 451 deviation report showing where the de- 7th Street SW., Washington, DC 20410, sign is not in conformance with the an application that includes the fol- standards) and a copy of a quality as- lowing: surance manual that it has approved (a) A cover sheet which shall show (or if it was not approved a manual, the following: (1) Name and address of the party one that it has evaluated and a devi- making the application; ation report showing where the manual (2) The capacity (DAPIA, IPIA) in is inadequate). which the party wishes to be approved (e) A party wishing to be approved as to act; an IPIA shall submit a copy of a cer- (3) A list of the key personnel who tification report which it has prepared will perform the various functions re- for a manufactured home plant or, if it quired under these regulations; has not prepared such a report, an eval- (4) The number of manufactured uation of a manufacturing plant which home manufacturers and manufac- it has inspected with a description of turing plants for which the submitting what changes shall be made before a party proposes to act in each of the ca- certification report can be issued. A pacities for which it wishes to be ap- party that has not previously inspected proved to act; manufactured homes may nevertheless (5) The estimated total number of be accepted on the basis of the quali- manufactured homes produced by those fications of its personnel and its com- manufacturers and in those plants per mitment to perform the required func- year; tions. (6) The number of years the proposed primary inspection agency has been ac- [41 FR 19852, May 13, 1976, as amended at 61 tively engaged in the enforcement of FR 10861, Mar. 15, 1996; 78 FR 60199, Oct. 1, manufactured home standards; and 2013]

170

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00180 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.357

§ 3282.354 Submittal of false informa- Whenever the Secretary disqualifies a tion or refusal to submit informa- primary inspection agency under this tion. section, the primary inspection agency The submittal of false information or shall have a right to a Formal or Infor- the refusal to submit information re- mal Presentation of Views under sub- quired under this subpart may be suffi- part D of this part. cient cause for the Secretary to revoke (b) Interested persons may petition or withhold acceptance. the Secretary to disqualify a primary inspection agency under the provisions § 3282.355 Submission acceptance. of § 3282.156(b). (a) A party whose submission is de- (c) A primary inspection agency termined by the Department to be ade- which has been disqualified under para- quate shall be granted provisional ac- graph (a) may resubmit an application ceptance until December 15, 1976, or for under § 3282.353. The submission shall a six month period from the date of include a full explanation of how prob- such determination, whichever is later. lems or inadequacies which resulted in (b) Final acceptance of a party to act disqualifications have been rectified as a primary inspection agency will be and how the primary inspection agency contingent upon adequate performance shall assure that such problems shall during the period of provisional accept- not recur. ance as determined through moni- (d) When appropriate, the Secretary toring carried out under subpart J and shall publish in the FEDERAL REGISTER upon satisfactory acceptance under or otherwise make available to the § 3282.361(e) or § 3282.362(e). Final ac- public for comment a disqualified ceptance shall be withheld if perform- PIA’s application for requalification, ance is inadequate. subject to the provisions of § 3282.54. (c) Continued acceptance as a pri- (e) Both provisional and final accept- mary inspection agency shall be con- ance of any IPIA (or DAPIA) automati- tingent upon continued adequacy of cally expires at the end of any period of performance as determined through one year during which it has not acted monitoring carried out under subpart as an IPIA (or DAPIA). An IPIA (or J. If the Secretary determines that a DAPIA) has not acted as such unless it primary inspection agency that has has actively performed its services as been granted final acceptance is per- an IPIA (or DAPIA) for at least one forming inadequately, the Secretary manufacturer by which it has been se- shall suspend the acceptance, and the lected. An IPIA (or DAPIA) whose ac- primary inspection agency shall be en- ceptance has expired pursuant to this titled to a Formal or Informal Presen- section may resubmit an application tation of Views as set out in subpart D under § 3282.353 in order to again be of this part. qualified as an IPIA (or DAPIA), when it can show a bona fide prospect of per- [41 FR 19852, May 13, 1976, as amended at 51 forming IPIA (or DAPIA) services. FR 34468, Sept. 29, 1986; 61 FR 10861, Mar. 15, 1996] [41 FR 19852, May 13, 1976, as amended at 45 FR 59311, Sept. 9, 1980; 51 FR 34468, Sept. 29, § 3282.356 Disqualification and re- 1986] qualification of primary inspection agencies. § 3282.357 Background and experience. (a) The Secretary, based on moni- All private organizations shall sub- toring reports or on other reliable in- mit statements of the organizations’ formation, may determine that a pri- experience in the housing industry, in- mary inspection agency which has been cluding a list of housing products, accepted under this subpart is not ade- equipment, and structures for which quately carrying out one or more of its evaluation, testing and follow-up in- required functions. In so determining, spection services have been furnished. the Secretary shall consider the impact They shall also submit statements re- of disqualification on manufacturers garding the length of time these serv- and other affected parties and shall ices have been provided by them. In ad- seek to assure that the manufacturing dition, all such submissions shall in- process is not disrupted unnecessarily. clude a list of other products for which

171

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00181 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.358 24 CFR Ch. XX (4–1–19 Edition)

the submitting party provides evalua- followup inspection services, and tion, inspection, and listing or labeling re´sume´s of their experience. services and the standard applied to (2) The names of engineers practicing each product, as well as the length of mechanical engineering who will be in- time it has provided these additional volved in the evaluation, testing, or services. followup, inspection services and re´sume´s of their experience. § 3282.358 Personnel. (3) The names of engineers practicing (a) Each primary inspection agency electrical engineering who will be in- shall have qualified personnel capable volved in the evaluation, testing, or of carrying out all of the functions for followup inspection services and ´ ´ which the primary inspection agency is resumes of their experience. seeking to be approved or disapproved. (4) The names of engineers practicing Where a State intends to act as the ex- fire protection engineering who will be clusive IPIA in the State, it shall show involved in the evaluation, testing, or followup inspection services, and that it has adequate personnel to so re´sume´s of their experience. act in all plants in the State. (5) The names of all other engineers (b) Each submission shall indicate assigned to this program, the capacity the total number of personnel em- in which they will be employed, and ployed by the submitting party, the re´sume´s of their experience. number of personnel available for this (6) The names of all full-time and program, and the locations of the ac- part-time consulting architects and en- tivities of the personnel to be used in gineers, their registration, and re´sume´s the program. of their experience. (c) Each submission shall include the (7) The names of inspectors and other names and qualifications of the admin- technicians along with re´sume´s of ex- istrator and the supervisor who will be perience and a description of the type directly responsible for the program, of work each will perform. and re´sume´s of their experience. (8) A general outline of the applicant (d) Each submission shall contain the agency’s training program for assuring information set out in paragraphs (d)(1) that all inspectors and other techni- through (d)(9) of this section. Depend- cians are properly trained to do each ing upon the functions (DAPIA or specific job assigned. IPIA) to be undertaken by a particular (9) The names and qualifications of primary inspection agency, some of the individuals serving on advisory panels categories of personnel listed may not that assist the applicant agency in be required. In such cases, the submis- making its policies conform with the sion should indicate which of the cat- public interest in the field of public egories of information are not required health and safety. and explain why they are not needed. (e) All information required by this The submission should identify which section shall be kept current. The Sec- personnel will carry out each of the retary shall be notified of any change functions the party plans to perform. in personnel or management or change The qualifications of the personnel to of ownership or State jurisdiction perform one or more of the functions within 30 days of such change. will be judged in accordance with the requirements of ASTM Standard E–541 § 3282.359 Conflict of interest. except that the requirement for reg- (a) All submissions by private organi- istration as a professional engineer or zations shall include a statement that architect may be waived for personnel the submitting party is independent in whose qualifications by experience or that it does not have any actual or po- education equal those of a registered tential conflict of interest and is not engineer or architect. The categories of affiliated with or influenced or con- personnel to be included in the submis- trolled by any producer, supplier, or sion are as follows: vendor of products in any manner (1) The names of engineers practicing which might affect its capacity to structural engineering who will be in- render reports of findings objectively volved in the evaluation, testing, or and without bias.

172

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00182 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.361

(b) A private organization shall be Secretary with full documentation and judged to be free of conflicting affili- information on which it bases its be- ation, influence, and control if it dem- lief. Pending a determination by the onstrates compliance with all of the Secretary, the PIA shall provisionally following criteria: accept the certification. The Sec- (1) It has no managerial affiliation retary’s determination shall be binding with any producer, supplier, or vendor on all PIAs. of products for which it performs PIA services, and is not engaged in the sale § 3282.361 Design Approval Primary or promotion of any such product or Inspection Agency (DAPIA). material; (a) General. (1) The DAPIA selected (2) The results of its work do not ac- by a manufacturer under § 3282.203 shall crue financial benefits to the organiza- be responsible for evaluating all manu- tion via stock ownership of any pro- factured home designs submitted to it ducer, supplier or vendor of the prod- by the manufacturer and for assuring ucts involved; that they conform to the standards. It (3) Its directors and other manage- shall also be responsible for evaluating ment personnel and its engineers and all quality control programs submitted inspectors involved in certification ac- to it by the manufacturer by reviewing tivities hold no stock in and receive no the quality assurance manuals in stock option or other benefits, finan- which the programs are set out to as- cial, or otherwise, from any producer, sure that the manuals reflect programs supplier, or vendor of the product in- which are compatible with the designs volved, other than compensation under to be followed and which commit the § 3282.202 of this part; manufacturer to make adequate in- (4) The employment security status spections and tests of every part of of its personnel is free of influence or every manufactured home produced. control of any producer, supplier, or (2) A design or quality assurance vendor, and manual approved by a DAPIA shall be (5) It does not perform design or qual- accepted by all IPIAs acting under ity assurance manual approval services § 3282.362 who deal with the design, for any manufacturer whose design or quality assurance manual, or manufac- manual has been created or prepared in tured homes built to them, and by all whole or in part by engineers of its or- other parties, as, respectively, being in ganization or engineers of any affili- conformance with the Federal stand- ated organization. ards or as providing for adequate qual- (c) All submissions by States shall ity control to assure conformance. include a statement that personnel However, each design and quality as- who will be in any way involved in car- surance manual is subject to review rying out the State plan or PIA func- and verification by the Secretary or tion are free of any conflict of interest the Secretary’s agent at any time. except that with respect to members of (b) Designs. (1) In evaluating designs councils, committees or similar bodies for compliance with the standards, the providing advice to the designated DAPIA will not allow any deviations agency are not subject to this require- from accepted engineering practice ment. standards for design calculations or any deviations from accepted test § 3282.360 PIA acceptance of product standards, except that the DAPIA, for certification programs or listings. good cause, may request the Secretary In determining whether products to to accept innovations which are not be included in a manufactured home yet accepted practices. Acceptances by are acceptable under the standards set the Secretary shall be published in the out in part 3280 of 24 CFR, all PIAs form of interpretative bulletins, where shall accept all product verification appropriate. programs, labelings, and listings unless (2) The DAPIA shall require the man- the PIA has reason to believe that a ufacturer to submit floor plans and particular certification is not accept- specific information for each manufac- able, in which case, the PIA shall so in- tured home design or variation which form the Secretary and provide the the DAPIA is to evaluate. It shall also

173

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00183 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.361 24 CFR Ch. XX (4–1–19 Edition)

require the submission of drawings, The DAPIA shall maintain a complete specifications, calculations, and test up-to-date set of approved designs and records of the structural, electrical and design changes approved under para- mechanical systems of each such man- graph (b)(5) of this section which it can ufactured home design or variation. duplicate and copies of which it can The manufacturer need not supply du- furnish to interested parties as needed plicate information where systems are when disputes arise. common to several floor plans. Each (5) Design change approval. The DAPIA shall develop and carry out pro- DAPIA shall also be responsible for ap- cedures for evaluating original manu- proving all changes which a manufac- factured home designs by requiring turer wishes to make in a design ap- manufacturers to submit necessary proved by the DAPIA. In reviewing de- drawings and calculations and carry sign changes, the DAPIA shall respond out such verifications and calculations as quickly as possible to avoid disrup- as it deems necessary. Where compli- tion of the manufacturing process. ance with the standards cannot be de- Within 5 days after approving a design termined on the basis of drawings and change, the DAPIA shall forward a calculations, the DAPIA shall require copy of this change to the manufac- any necessary tests to be carried out at turer and the Secretary or the Sec- its own facility, at separate testing fa- retary’s agent as set out in paragraph cilities or at the manufacturer’s plant. (b)(4) of this section to be included in (3) Design deviation report. After eval- the design to which the change was uating the manufacturer’s design, the made. DAPIA shall furnish the manufacturer (c) Quality assurance manuals. (1) In with a design deviation report which evaluating a quality assurance manual, specifies in detail, item by item with the DAPIA shall identify any aspects appropriate citations to the standards, of designs to be manufactured under the specific deviations in the manufac- the manual which require special qual- turer’s design which must be rectified ity control procedures. The DAPIA in order to produce manufactured shall determine whether the manual homes which comply with the stand- under which a particular design is to be ards. The design deviation report may acknowledge the possibility of alter- manufactured reflects those special native designs, tests, listings, and cer- procedures, and shall also determine tifications and state the conditions whether the manuals which it evalu- under which they will be acceptable. ates provide for such inspections and The design deviation report shall, to testing of each manufactured home so the extent practicable, be complete for that the manufacturer, by following each design evaluated in order to avoid the manual, can assure that each man- repeated rejections and additional ufactured home it manufactures will costs to the manufacturer. conform to the standards. The manual (4) Design approval. The DAPIA shall shall, at a minimum, include the infor- signify approval of a design by placing mation set out in § 3282.203(c). its stamp of approval or authorized sig- (2) Manual deviation report. After nature on each drawing and each sheet evaluating a manufacturer’s quality of test results. The DAPIA shall clear- assurance manual, the DAPIA shall ly cross-reference the calculations and furnish the manufacturer with a man- test results to applicable drawings. The ual deviation report which specifies in DAPIA may require the manufacturer detail any changes which a manufac- to do the cross-referencing if it wishes. turer must make in order for the qual- It shall indicate on each sheet how any ity assurance manual to be acceptable. deviations from the standards have The manual deviation report shall, to been or shall be resolved. Within 5 days the extent practicable, be complete for after approving a design, the DAPIA each design in order to avoid repeated shall forward a copy of the design to rejections and additional costs to the the manufacturer and the Secretary or manufacturer. the Secretary’s agent (prior to the ef- (3) Manual approval. The DAPIA shall fective date of the standards the latter signify approval of the manufacturer’s copy shall go to the Secretary.) quality assurance manual by placing

174

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.362

its stamp of approval or authorized sig- had adequate time in which to com- nature on the cover page of the man- plete an evaluation. ual. Within 5 days of approving a qual- [41 FR 19852, May 13, 1976, as amended at 61 ity assurance manual, the DAPIA shall FR 10861, Mar. 15, 1996; 80 FR 53727, Sept. 8, forward a copy of the quality assurance 2015] manual to the manufacturer and the Secretary or the Secretary’s agent § 3282.362 Production Inspection Pri- (prior to the effective date of the mary Inspection Agencies (IPIAs). standards, the latter copy shall go to (a) General—(1) IPIA responsibilities. the Secretary). The DAPIA shall main- An IPIA selected by a manufacturer tain a complete up-to-date set of ap- under § 3282.204 to act in a particular proved manuals and manual changes manufacturing plant shall be respon- approved under paragraph (c)(4) of this sible for assuring: section which it can duplicate and cop- (i) That the plant is capable of fol- ies of which it can furnish to interested lowing the quality control procedures parties as needed when disputes arise. set out in the quality assurance manual to be followed in that plant; (4) Manual change approval. Each (ii) That the plant continues to fol- change the manufacturer wishes to low the quality assurance manual; make in its quality assurance manual (iii) That any part of any manufac- must be approved by the DAPIA, and, tured home that it actually inspects when subject to § 3282.604, concurred in conforms with the design, or where the by the IPIA. Within 5 days after ap- design is not specific with respect to an proving a manual change, the DAPIA aspect of the standards, to the stand- shall forward a copy of the change to ards; the manufacturer and the Secretary or (iv) That whenever it finds a manu- the Secretary’s agent as set out in factured home in production which paragraph (c)(3) of this section to be in- fails to conform to the design or where cluded in the manual to which the the design is not specific, to the stand- change was made. ards, the failure to conform is cor- (d) Requirements for full acceptance— rected before the manufactured home DAPIA. (1) Before granting full accept- leaves the manufacturing plant; and ance to a DAPIA, the Secretary or the (v) That if a failure to conform to the Secretary’s agent shall review and design, or where the design is not spe- evaluate at least one complete design cific, to the standards, is found in one and one quality assurance manual manufactured home, all other homes which has been approved by the still in the plant which the IPIA’s DAPIA. These shall be designs and records or the records of the manufac- manuals approved to the Federal turer indicate might not conform to standards, and they shall be chosen at the design or to standards are in- random from those approved by the spected and, if necessary, brought up to DAPIA during the period of provisional the standards before they leave the acceptance. plant. (2) No more than one IPIA shall oper- (2) If the Secretary determines that a ate in any one manufacturing plant, design or quality assurance manual except that where a manufacturer de- shows an inadequate level of perform- cides to change from one IPIA to an- ance, the Secretary or the Secretary’s other, the two may operate in the agent shall carry out further evalua- plant simultaneously for a limited pe- tions. If the Secretary finds the level of riod of time to the extent necessary to performance to be unacceptable, the assure a smooth transition. Secretary shall not grant full accept- (b) Plant approval. (1) Each IPIA ance. If full acceptance has not been shall, with respect to each manufac- granted by the end of the provisional turing plant for which it is responsible, acceptance period, provisional accept- evaluate the quality control procedures ance shall lapse unless the Secretary being followed by the manufacturer in determines that the failure to obtain the plant to determine whether those full acceptance resulted from the fact procedures are consistent with and ful- that the Secretary or her agent has not fill the procedures set out in the

175

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00185 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.362 24 CFR Ch. XX (4–1–19 Edition)

DAPIA approved quality assurance port is issued. At the time the certifi- manual being followed in the plant. As cation report is issued, the IPIA may part of this evaluation, and prior to the provide the manufacturer with a two to issuance of any labels to the manufac- four week supply of labels to be applied turer, the IPIA shall make a complete to manufactured homes produced in inspection of the manufacture of at the plant. The IPIA shall maintain a least one manufactured home through copy of each certification report which all of the operations in the manufac- it issues. turer’s plant. The purpose of this ini- (3) The certification report shall in- tial factory inspection is to determine clude: whether the manufacturer is capable of (i) The name of the DAPIA which ap- producing manufactured homes in con- proved the manufacturer’s design and formance with the approved design quality assurance manual and the and, to the extent the design is not spe- dates of those approvals, cific with respect to an aspect of the (ii) The names and titles of the IPIA standards, with the standards and to engineers and inspectors who per- determine whether the manufacturer’s formed the initial comprehensive in- quality control procedures as set out in spection, the quality assurance manual, plant (iii) A full report of inspections equipment, and personnel, will assure made, serial numbers inspected, any that such conformance continues. This failures to comply which were ob- inspection should be made by one or served, corrective actions taken, and more qualified engineers who have reviewed the approved design and by an dates of inspections, and inspector who has been carefully (iv) A certification that at least one briefed by the engineers on the restric- manufactured home has been com- tive aspects of the design. The manu- pletely inspected in all phases of its factured home shall be inspected to the production in the plant, that the man- approved design for the home except ufacturer is performing in conformance that where the design is not specific with the approved designs and quality with respect to any aspect of the stand- assurance manual and, to the extent ards, the inspection shall be to the the design is not specific with respect standards as to that aspect of the man- to any aspects of the standards, with ufactured home. If the first manufac- the standards, and the IPIA is satisfied tured home inspected fails to conform that the manufacturer can produce to the design or, with respect to any manufactured homes in conformance aspect of the standards not specifically with the designs, and where the designs covered by the design, to the stand- are not specific, with the standards on ards, additional units shall be similarly a continuing basis. inspected until the IPIA is satisfied (4) Inadequate manufacturer perform- that the manufacturer is conforming to ance. Where an IPIA determines that the approved design, or where the de- the performance of a manufacturer is sign is not specific with respect to any not yet adequate to justify the aspect of the standards, to the stand- issuance of a certification report and ards and quality assurance manual. labels to the manufacturer, the IPIA (2) Certification report. If, on the basis may label manufactured homes itself of the initial comprehensive factory in- by using such of its personnel as it spection required by paragraph (b)(1) of deems necessary to perform complete this section, the IPIA determines that inspections of all phases of production the manufacturer is performing ade- of each manufactured home being pro- quately, the IPIA shall prepare and for- duced and labeling only those deter- ward to the manufacturer, to HUD, and mined after any necessary corrections to HUD’s agent a certification report to be in conformance with the design as described in this paragraph (b)(2) of and, as appropriate, with the stand- this section. The issuance of the cer- ards. This procedure shall continue tification report is a prerequisite to until the IPIA determines that the the commencement of production sur- manufacturer’s performance is ade- veillance under paragraph (c) of this quate to justify the issuance of a cer- section in the plant for which the re- tification report.

176

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00186 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.362

(c) Production surveillance. (1) After it withholding the label for the unit, pro- has issued a certification report under ceed to red tag the home until the fail- paragraph (b) of this section, the IPIA ure to conform is corrected. Only the shall carry out ongoing surveillance of IPIA is authorized to remove a red tag. the manufacturing process in the When manufactured homes repeatedly plant. The IPIA shall be responsible for fail to conform to the design, or as ap- conducting representative inspections propriate under paragraph (a)(1)(iii) of to assure that the manufacturer is per- this section, to the standards in the forming its quality control program same assembly station or when there is pursuant to and consistent with its ap- evidence that the manufacturer is ig- proved quality assurance manual and noring or not performing under its ap- to assure that whatever part of a man- proved quality assurance manual, the ufactured home is actually inspected IPIA shall increase the frequency of by the IPIA is fully in conformance these inspections until it is satisfied with the design and, as appropriate that the manufacturer is performing to under paragraph (a)(1)(iii) of this sec- its approved quality assurance manual. tion, with the standards before a label Failure to perform to the approved is issued for or placed on that manufac- manual justifies withholding labels tured home. The surveillance visits until an adequate level of performance shall commence no later than that date is attained. As part of its function of on which the IPIA determines they assuring quality control, the IPIA shall must commence so that the IPIA can inspect materials in storage and test assure that every manufactured home equipment used by the manufacturer at to be produced after the effective date least once a month, and more fre- of the standards to which a label pro- quently if unacceptable conditions are vided for in paragraph (c)(2) of this sec- observed. With the prior approval of tion is affixed, is inspected in at least the Secretary, an IPIA may decrease one stage of its production. The fre- the frequency of any inspections. quency of subsequent visits to the (2) Labeling—(i) Labels required. (A) plant shall continue to be such that The IPIA shall continuously provide every manufactured home is inspected the manufacturer with a two- to four- at some stage in its production. In the week supply (at the convenience of the course of each visit, the IPIA shall IPIA and the manufacturer) of the la- make a complete inspection of every bels described in this subsection, ex- phase of production and of every visible cept that no labels shall be issued for part of every manufactured home use when the IPIA is not present if the which is at each stage of production. IPIA is not satisfied that the manufac- The inspection shall be made to the ap- turer can and is producing manufac- proved design except where the design tured homes which conform to the de- is not specific with respect to an aspect sign and, as appropriate, to the stand- of the standards, in which case the in- ards. Where necessary, the IPIA shall spection of that aspect of the manufac- reclaim labels already given to the tured home shall be made to the stand- manufacturer. In no event shall the ards. The IPIA shall assure that no IPIA allow a label to be affixed to a label is placed on any manufactured manufactured home if the IPIA be- home which it finds fails to conform lieves that the manufactured home with the approved design or, as appro- fails to conform to the design, or, priate, the standards in the course of where the design is not specific with these inspections and shall assure that respect to an aspect of the standards, no labels are placed on other manufac- to the standards. Labels for such man- tured homes still in the plant which ufactured homes shall be provided only may also not conform until those after the failure to conform has been homes are inspected and if necessary remedied, or after the Secretary has corrected to the design or the stand- determined that there is no failure to ards. If an IPIA finds a manufactured conform. home that fails to conform to the de- (B) A permanent label shall be af- sign, or as appropriate under paragraph fixed to each transportable section of (a)(1)(iii) of this section, to the stand- each manufactured home for sale or ards, the IPIA may, in addition to lease to a purchaser or lessor in the

177

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00187 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.362 24 CFR Ch. XX (4–1–19 Edition)

United States in such a manner that (G) Whenever the IPIA determines removal will damage the label so that that a manufactured home which has it cannot be reused. This label is pro- been labeled, but which has not yet vided by the IPIA and is separate and been released by the manufacturer may distinct from the data plate that the not conform to the design or, as appro- manufacturer is required to provide priate under paragraph (a)(1)(iii) of this under § 3280.5. section, to the standards, the IPIA by (C) The label shall read as follows: itself or through an agent shall red tag the manufactured home. Where the ‘‘As evidenced by this label No. ABC 000 001, the manufacturer certifies to the best of IPIA determines that a manufactured the manufacturer’s knowledge and belief home which has been labeled and re- that this manufactured home has been in- leased by the manufacturer, but not spected in accordance with the requirements yet sold to a purchaser (as described in of the Department of Housing and Urban De- § 3282.252(b)) may not conform, the IPIA velopment and is constructed in conform- may, in its discretion, proceed to red ance with the Federal Manufactured Home tag the manufactured home. Only the Construction and Safety Standards in effect IPIA is authorized to remove red tags, on the date of manufacture. See data plate.’’ though it may do so through agents (D) The label shall be 2 in. by 4 in. in which it deems qualified to determine size and shall be permanently attached that the failure to conform has been to the manufactured home by means of corrected. Red tags may be removed 4 blind rivets, drive screws, or other when the IPIA is satisfied, through in- means that render it difficult to re- spections, assurances from the manu- move without defacing it. It shall be facturer, or otherwise, that the af- etched on .032 in. thick aluminum fected homes conform. plate. The label number shall be etched (H) Labels that are damaged, de- or stamped with a 3 letter IPIA des- stroyed, or otherwise made illegible or ignation which the Secretary shall as- removed shall be replaced by the IPIA, sign and a 6 digit number which the after determination that the manufac- label supplier shall stamp sequentially tured home is in compliance with the on labels supplied to each IPIA. standards, by a new label of a different (E) The label shall be located at the serial number. The IPIA’s labeling tail-light end of each transportable record shall be permanently marked section of the manufactured home ap- with the number of the replacement proximately one foot up from the floor label and a corresponding record of the and one foot in from the road side, or replacement label. as near that location on a permanent (ii) Label control. The labels used in part of the exterior of the manufac- each plant shall be under the direct tured home as practicable. The road- control of the IPIA acting in that side is the right side of the manufac- plant. Only the IPIA shall provide the tured home when one views the manu- labels to the manufacturer. The IPIA factured home from the tow bar end of shall assure that the manufacturer the manufactured home. It shall be ap- does not use any other label to indicate plied to the manufactured home unit in conformance to the standards. the manufacturing plant by the manu- (A) The IPIA shall be responsible for facturer or the IPIA, as appropriate. obtaining labels. Labels shall be ob- (F) The label shall be provided to the tained from HUD or its agent, or with manufacturer only by the IPIA. The the approval of the Secretary, from a IPIA shall provide the labels in sequen- label manufacturer. The labels shall tially numbered series. The IPIA may meet the requirements of this section. obtain labels from the Secretary or the Where the IPIA obtains labels directly Secretary’s agent, or where the IPIA from a label manufacturer, the IPIA obtains the prior approval of the Sec- shall be responsible for assuring that retary, from a label manufacturer. the label manufacturer does not pro- However, if the IPIA obtains labels divide labels directly to the manufac- rectly from a label supplier, those la- turer of manufactured homes. If the bels must be sequentially numbered label manufacturer fails to supply cor- without any duplication of label num- rect labels or allows labels to be re- bers. leased to parties other than the IPIA,

178

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00188 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.362

the IPIA shall cease dealing with the (E) Reference to the roof load zone label manufacturer. and wind load zone for which the home (B) The labels shall be shipped to and is designed and duplicates of the maps stored by the IPIA’s at a location as set forth in § 3280.305. This informa- which permits ready access to manu- tion may be combined with the heat- facturing plants under its surveillance. ing/cooling certificate and insulation The labels shall be stored under strict zone map required by §§ 3280.510 and security and inventory control. They 3280.511. The Wind Zone Map on the shall be released only by the IPIA to Data Plate shall also contain the state- the manufacturer under these regula- ment: tions. This home has not been designed for the (C) The IPIA shall be able to account higher wind pressures and anchoring provi- for all labels which it has obtained sions required for ocean/coastal areas and through the date on which the manu- should not be located within 1500′ of the factured home leaves the manufac- coastline in Wind Zones II and III, unless the turing plant, and it shall be able to home and its anchoring and foundation sys- identify the serial number of the manu- tem have been designed for the increased requirements specified for Exposure D in ANSI/ factured home to which each particular ASCE 7–88. label is affixed. (D) The IPIA shall keep in its central (F) The statement: record office a list of the serial num- This home has ll has not ll (appro- bers of labels issued from the label propriate blank to be checked by manufacturer) ducer to the IPIA and by the IPIA to been equipped with storm shutters or other the manufacturing plant. protective coverings for windows and exte- (E) Failure to maintain control of la- rior door openings. For homes designed to be bels through the date the manufac- located in Wind Zones II and III, which have not been provided with shutters or equiva- tured home leaves the manufacturing lent covering devices, it is strongly rec- plant and failure to keep adequate ommended that the home be made ready to records of which label is on which man- be equipped with these devices in accordance ufactured home shall render the IPIA with the method recommended in the manu- subject to disqualification under facturers printed instructions. § 3282.356. (G) The statement: ‘‘Design Approval (3) Data plate. (i) The IPIA shall as- by’’, followed by the name of the agen- sure that each manufactured home pro- cy that approved the design. duced in each manufacturing plant (ii) A copy of the data plate shall be under its surveillance is supplied with furnished to the IPIA, and the IPIA a data plate which meets the require- shall keep a permanent record of the ments of this section and of § 3280.5 of data plate as part of its labeling record chapter XX of 24 CFR. The data plate so that the information is available shall be furnished by the manufacturer during the life of the manufactured and affixed inside the manufactured home in case the data plate in the home on or near the main electrical manufactured home is defaced or de- distribution panel. The data plate shall stroyed. contain the following information: (d) Permanent records. The IPIA shall (A) The name and address of the maintain the following records as ap- manufacturing plant in which the man- propriate: ufactured home was manufactured, (1) Records of all labels issued, ap- (B) The serial number and model des- plied, removed, and replaced by label ignation of the unit and the date the number, manufactured home serial unit was manufactured, number, manufactured home type, (C) The statement ‘‘This manufac- manufacturer’s name, retailer destina- tured home is designed to comply with tion, and copies of corresponding data the Federal Manufactured Home Con- plates. struction and Safety Standards in force (2) Records of all manufactured at the time of manufacture.’’, homes which are red tagged, and the (D) A list of major factory-installed status of each home. equipment including the manufactur- (3) Records of all inspections made at er’s name and the model designation of each manufacturing plant on each each appliance, manufactured home serial number,

179

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00189 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.363 24 CFR Ch. XX (4–1–19 Edition)

each failure to conform found, and the § 3282.363 Right of entry and inspec- action taken in each case. tion. (4) Records of all inspections made at Each primary inspection agency shall other locations of manufactured homes secure from each manufacturer and identified by manufacturer and serial manufacturing plant under its surveil- number, all manufactured homes be- lance an agreement that the Secretary, lieved to contain the same failure to the State Administrative Agency and conform, and the action taken in each the primary inspection agency have case. the right to inspect the plant and its All records shall specify the precise manufactured home inspection, label- section of the standard which is in ing, and delivery records, and any of its question and contain a clear and con- manufactured homes in the hands of cise explanation of the process by retailers or distributors at any reason- which the IPIA reached any conclu- able time. sions. All records shall be traceable to specific manufactured home serial § 3282.364 Inspection responsibilities numbers and through the manufactur- and coordination. er’s records to retailers and purchasers. All primary inspection agencies shall (5) Records of all site inspections be responsible for acting as necessary made as required under procedures ap- under their contractual commitment plicable to approval of AC or on-site with the manufacturer to determine completion pursuant to §§ 3282.14 or whether alleged failures to conform to 3282.610. the standards may exist in manufac- (e) Requirements for full acceptance— tured homes produced under their sur- IPIA. (1) Before granting full accept- veillance and to determine the source ance to an IPIA, the Secretary or the of the problems. The DAPIA may be re- Secretary’s agent shall review and quired to examine the designs in ques- evaluate at least one certification re- tion or the quality assurance manual port which has been prepared by the under which the manufactured homes IPIA during the period of provisional were produced. The IPIA may be re- acceptance. The Secretary or the Sec- quired to reexamine the quality con- retary’s agent shall also review in trol procedures which it has approved depth the IPIA’s administrative capa- to determine if they conform to the bilities and otherwise review the IPIA’s quality assurance manual, and the performance of its responsibilities under these regulations. IPIA shall have primary responsibility for inspecting actual units produced (2) Where the Secretary determines and, where necessary, for inspecting on the basis of these reviews that an units released by the manufacturer. All IPIA is not meeting an adequate level of performance, the Secretary or the primary inspection agencies acting Secretary’s agent shall carry out fur- with respect to particular manufac- ther evaluations. If the Secretary finds turer or plant shall act in close coordi- the level of performance to be unac- nation so that all necessary functions ceptable, the Secretary shall not grant are performed effectively and effi- full acceptance. If full acceptance has ciently. not been granted by the end of the provisional acceptance period, provisional § 3282.365 Forwarding monitoring fee. acceptance shall lapse unless the Sec- The IPIA shall, whenever it provides retary determines that the failure to labels to a manufacturer, obtain from obtain full acceptance resulted from the manufacturer the monitoring fee to the fact that the Secretary or the Sec- be forwarded to the Secretary or the retary’s agent has not had adequate Secretary’s agent as set out in time in which to complete an evalua- § 3282.210. If a manufacturer fails to tion. provide the monitoring fee as required [41 FR 19852, May 13, 1976, as amended at 42 by § 3282.210 to be forwarded by the FR 2580, Jan. 12, 1977; 42 FR 35157, July 8, IPIA under this section, the IPIA shall 1977; 59 FR 2474, Jan. 14, 1994; 61 FR 10861, immediately inform the Secretary; or Mar. 15, 1996; 80 FR 53727, Sept. 8, 2015] the Secretary’s Agent.

180

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00190 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.403

§ 3282.366 Notification and correction required under this subpart. Notifica- campaign responsibilities. tion and correction may be required (a) Both IPIAs and DAPIAs are re- with respect to manufactured homes sponsible for assisting the Secretary or that have been sold or otherwise re- an SAA in identifying the class of man- leased by the manufacturer to another ufactured homes that may have been party. affected where the Secretary or an SAA makes or is contemplating mak- § 3282.402 General provisions. ing a preliminary determination of im- (a) Purchaser’s rights. Nothing in this minent safety hazard, serious defect, subpart shall limit the rights of the defect, or noncompliance under purchaser under any contract or appli- § 3282.412 with respect to manufactured cable law. homes for which the IPIA and DAPIA (b) Manufacturer’s liability limited. A provided either plant inspection or de- manufacturer is not responsible for sign approval services. failures that occur in any manufac- (b) The IPIA must in each manufactured home or component as the result turing plant review at least monthly of normal wear and aging, consumer the manufacturer’s service and inspec- abuse, or neglect of maintenance. The tion records to verify if appropriate de- life of a component warranty may be terminations are being made by the one of the indicators used to establish manufacturer under § 3282.404 and, if normal wear and aging. A failure of not, take the actions required by this any component may not be attributed section and § 3282.404. by the manufacturer to normal wear (c) The IPIA in each manufacturing and aging under this subpart during plant is also responsible for reviewing the term of any applicable warranty manufacturer determinations of the provided by the original manufacturer class of manufactured homes affected of the affected component. when the manufacturer is acting under subpart I. The IPIA must concur in the § 3282.403 Consumer complaint and in- method used to determine the class of formation referral. potentially affected manufactured homes or is to state why it finds the (a) Retailer responsibilities. When a re- method to be inappropriate, inad- tailer receives a consumer complaint equate, or incorrect. or other information about a home in its possession, or that it has sold or [78 FR 60200, Oct. 1, 2013] leased, that likely indicates a noncompliance, defect, serious defect, or Subpart I—Consumer Complaint imminent safety hazard, the retailer Handling and Remedial Actions must forward the complaint or information to the manufacturer of the SOURCE: 78 FR 60200, Oct. 1, 2013, unless manufactured home in question as otherwise noted. early as possible, in accordance with § 3282.256. § 3282.401 Purpose and scope. (b) SAA and HUD responsibilities. (1) (a) Purpose. The purpose of this sub- When an SAA or the Secretary receives part is to establish a system of protec- a consumer complaint or other infor- tions provided by the Act with respect mation that likely indicates a non- to imminent safety hazards and fail- compliance, defect, serious defect, or ures to conform to the construction imminent safety hazard in a manufac- and safety standards with a minimum tured home, the SAA or HUD must: of formality and delay, while pro- (i) Forward the complaint or infor- tecting the rights of all parties. mation to the manufacturer of the (b) Scope. This subpart sets out the home in question as early as possible; procedures to be followed by manufac- and turers, retailers, and distributors, (ii) Send a copy of the complaint or SAAs, primary inspection agencies, other information to the SAA of the and the Secretary to assure that notifi- State where the manufactured home cation and correction are provided with was manufactured or to the Secretary respect to manufactured homes when if there is no such SAA.

181

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00191 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.404 24 CFR Ch. XX (4–1–19 Edition)

(2) When it appears from the com- or imminent safety hazard, or that no plaint or other information that an im- further action is required under this minent safety hazard or serious defect subpart, the manufacturer must review may be involved, the SAA of the State the information it received and carry where the home was manufactured out investigations, including, a review must also send a copy of the complaint of service records, IPIA inspection or other information to the Secretary. records, and, as appropriate, inspec- (c) Manufacturer responsibilities. tions of homes in the class. The manu- Whenever the manufacturer receives facturer must review the information, information from any source that the the known facts, and the cir- manufacturer believes in good faith re- cumstances relating to the complaint lates to a noncompliance, defect, seri- or information, including service ous defect, or imminent safety hazard records, approved designs, and audit in any of its manufactured homes, the findings, as applicable, to decide what manufacturer must, for each such oc- investigations are reasonable. currence, make the determinations re- (b) Class determination. (1) When the quired by § 3282.404. manufacturer makes an initial determination of defect, serious defect, or § 3282.404 Manufacturers’ determina- imminent safety hazard, the manufac- tions and related concurrences. turer must also make a good-faith de- (a) Initial determination. (1) Not later termination of the class that includes than 30 days after a manufacturer re- each manufactured home in which the ceives information that it believes in same defect, serious defect, or immi- good faith may indicate a noncompli- nent safety hazard exists or likely ex- ance, defect, serious defect, or immi- ists. Multiple occurrences of defects nent safety hazard, the manufacturer may be considered the same defect if must make a specific initial deter- they have the same cause, are related mination that there is a noncompli- to a specific workstation description, ance, defect, serious defect, or immi- or are related to the same failure to nent safety hazard, or that the infor- follow the manufacturer’s approved mation requires no further action quality assurance manual. Good faith under this subpart. If a manufacturer may be used as a defense to the imposi- makes a final determination of non- tion of a penalty, but does not relieve compliance for an individual home (see the manufacturer of its responsibilities § 3282.412(b)) and a class of homes is not for notification or correction under involved, no further action is needed by this subpart I. The manufacturer must the manufacturer other than to keep a make this class determination not record of its determination as required later than 20 days after making a de- by § 3282.417. If the manufacturer deter- termination of defect, serious defect, mines that it is not the cause of the or imminent safety hazard. problem, but a problem still exists, the (2) Paragraph (c) of this section sets manufacturer must forward the infor- out methods for a manufacturer to use mation in its possession to the appro- in determining the class of manufac- priate retailer (see § 3282.254), and, if tured homes. If the manufacturer can known, to the installer (see §§ 3286.115 identify the precise manufactured and 3286.811) for their consideration. homes affected by the defect, serious Alternatively, the manufacturer, re- defect, or imminent safety hazard, the tailer, or installer may choose to sub- class of manufactured homes may in- mit the issue for resolution under dis- clude only those manufactured homes pute resolution (see 24 CFR part 3288). actually affected by the same defect, (2) When a manufacturer makes an serious defect, or imminent safety haz- initial determination that there is a se- ard. The manufacturer is also per- rious defect or an imminent safety haz- mitted to exclude from the class those ard, the manufacturer must imme- manufactured homes for which the diately notify the Secretary, the SAA manufacturer has information that in- in the state of manufacture, and the dicates the homes were not affected by manufacturer’s IPIA. the same cause. If it is not possible to (3) In making the determination of identify the precise manufactured noncompliance, defect, serious defect, homes affected, the class must include

182

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00192 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.404

every manufactured home in the group methods to determine the class of man- of homes that is identifiable, since the ufactured homes in which the same de- same defect, serious defect, or immi- fect, serious defect, or imminent safety nent safety hazard exists or likely ex- hazard exists or likely exists. ists in some homes in that group of (2) Methods that may be used in de- manufactured homes. termining the class of manufactured (3) For purposes related to this sec- homes include, but are not limited to: tion, a defect, a serious defect, or an (i) Inspection of the manufactured imminent safety hazard likely exists in home in question, including its design, a manufactured home if the cause of to determine whether the defect, seri- the defect, serious defect, or imminent ous defect, or imminent safety hazard safety hazard is such that the same de- resulted from the design itself; fect, serious defect, or imminent safety hazard would likely have been intro- (ii) Physical inspection of manufac- duced systematically into more than tured homes of the same design or con- one manufactured home. Indications struction, as appropriate, that were that the defect, serious defect, or im- produced before and after a home in minent safety hazard would likely have question; been introduced systematically may (iii) Inspection of the service records include, but are not limited to, com- of a home in question and of homes of plaints that can be traced to the same the same design or construction, as ap- faulty design or faulty construction, propriate, produced before and after problems known to exist in supplies of that home, if it is clear that the cause components or parts, information re- of the defect, serious defect, or immi- lated to the performance of a par- nent safety hazard is such that the de- ticular employee or use of a particular fect, serious defect, or imminent safety process, and information signaling a hazard would be visible to and report- failure to follow quality control proce- able by consumers or retailers; dures with respect to a particular as- (iv) Inspection of manufacturer qual- pect of the manufactured home. ity control records to determine (4) If the manufacturer must deter- whether quality control procedures mine the class of homes pursuant to were followed and, if not, the time paragraph (b) of this section, the man- frame during which they were not; ufacturer must obtain from the IPIA, (v) Inspection of IPIA records to de- and the IPIA must provide, either: termine whether the defect, serious de- (i) The IPIA’s written concurrence on fect, or imminent safety hazard was ei- the methods used by the manufacturer ther detected or specifically found not to identify the homes that should be to exist in some manufactured homes; included in the class of homes; or (vi) Identification of the cause as re- (ii) The IPIA’s written statement ex- lating to a particular employee whose plaining why it believes the manufac- work, or to a process whose use, would turer’s methods for determining the have been common to the production of class of homes were inappropriate or the manufacturer’s homes for a period inadequate. of time; and (c) Methods for determining class. (1) In making a class determination under (vii) Inspection of records relating to paragraph (b) of this section, a manu- components supplied by other parties facturer is responsible for carrying out and known to contain or suspected of reasonable investigations. In carrying containing a defect, a serious defect, or out investigations, the manufacturer an imminent safety hazard. must review the information, the (3) When the Secretary or an SAA de- known facts, and the relevant cir- cides the method chosen by the manu- cumstances, and generally must estab- facturer to conduct an investigation in lish the cause of the defect, serious de- order to make a class determination is fect, or imminent safety hazard. Based not the most appropriate method, the on the results of such investigations Secretary or SAA must explain in writ- and all information received or devel- ing to the manufacturer why the cho- oped, the manufacturer must use an sen method is not the most appro- appropriate method or appropriate priate.

183

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.405 24 CFR Ch. XX (4–1–19 Edition)

(d) Documentation required. The man- (2) If the Secretary or SAA orders a ufacturer must comply with the rec- manufacturer to provide notification ordkeeping requirements in § 3282.417 as in accordance with the procedures in applicable to its determinations and §§ 3282.412 and 3282.413, the Secretary or any IPIA concurrence or statement SAA has the option of requiring a man- that it does not concur. ufacturer to prepare and receive approval on a plan for notification. § 3282.405 Notification pursuant to (d) Method of notification. When a manufacturer’s determination. manufacturer provides notification as (a) General requirement. Every manu- required under this section, notifica- facturer of manufactured homes must tion must be: provide notification, as set out in this (1) By certified mail or other more section, with respect to any manufac- expeditious means that provides a re- tured home produced by the manufac- ceipt to each retailer or distributor to turer in which the manufacturer deter- whom any manufactured home in the mines, in good faith, that there exists class of homes containing the defect, or likely exists in more than one home, serious defect, or imminent safety haz- the same defect introduced systemati- ard was delivered; cally, a serious defect, or an imminent (2) By certified mail or other more safety hazard. expeditious means that provides a re- (b) Requirements by category. (1) Non- ceipt to the first purchaser of each compliance. A manufacturer must pro- manufactured home in the class of vide notification of a noncompliance manufactured homes containing the only when ordered to do so by the Sec- defect, serious defect, or imminent retary or an SAA, pursuant to safety hazard, and, to the extent fea- §§ 3282.412 and 3282.413. sible, to any subsequent owner to (2) Defects. When a manufacturer has whom any warranty provided by the made a class determination in accord- manufacturer or required by federal, ance with § 3282.404 that a defect exists state, or local law on such manufac- or likely exists in more than one home, tured home has been transferred, ex- the manufacturer must prepare a plan cept that notification need not be sent for notification in accordance with to any person known by the manufac- § 3282.408, and must provide notification turer not to own the manufactured with respect to each manufactured home in question if the manufacturer home in the class of manufactured has a record of a subsequent owner of homes. the manufactured home; and (3) Serious defects and imminent safety (3) By certified mail or other more hazards. When a manufacturer has expeditious means that provides a re- made an initial determination in ac- ceipt to each other person who is a reg- cordance with § 3282.404(a) that a seri- istered owner of a manufactured home ous defect or imminent safety hazard in the class of homes containing the exists or likely exists, the manufac- defect, serious defect, or imminent turer must prepare a plan for notifica- safety hazard and whose name has been tion in accordance with § 3282.408, must ascertained pursuant to § 3282.211 or is provide notification with respect to all known to the manufacturer. manufactured homes in which the serious defect or imminent safety hazard § 3282.406 Required manufacturer cor- exists or likely exists, and must correction. rect the home or homes in accordance (a) Correction of noncompliances and with § 3282.406. defects. (1) Section 3282.415 sets out re- (c) Plan for notification required. (1) If quirements with respect to a manufac- a manufacturer determines that it is turer’s correction of any noncompli- responsible for providing notification ance or defect that exists in each man- under this section, the manufacturer ufactured home that has been sold or must prepare and receive approval on a otherwise released to a retailer but plan for notification as set out in that has not yet been sold to a pur- § 3282.408, unless the manufacturer chaser. meets alternative requirements estab- (2) In accordance with section 623 of lished in § 3282.407. the Act and Part 3288, ‘‘Manufactured

184

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00194 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.407

Home Dispute Resolution Program,’’ of the correction before the manufacturer this chapter, the manufacturer, re- did so, for the reasonable cost of cor- tailer, or installer of a manufactured rection. home deemed responsible for correc- (e) Correction of appliances, compo- tion of repairs or defects must correct, nents, or systems. (1) If any appliance, at its expense, each failure in the per- component, or system in a manufac- formance, construction, components, tured home is covered by a product or material of the home that renders warranty, the manufacturer, retailer, the home or any part of the home not or installer that is responsible under fit for the ordinary use for which it was this section for correcting a non- intended and that is reported during compliance, defect, serious defect, or the one-year period beginning on the imminent safety hazard in the appli- date of installation of the home (see ance, component, or system may seek § 3286.115). the required correction directly from (b) Correction of serious defects and im- the producer. The SAA that approves minent safety hazards. (1) A manufac- any plan of notification required pursu- turer required to furnish notification ant to § 3282.408 or the Secretary, as ap- under § 3282.405 or § 3282.413 must cor- plicable, may establish reasonable time rect, at its expense, any serious defect limits for the manufacturer of the or imminent safety hazard that can be home and the producer of the appli- related to an error in design or assem- ance, component, or system to agree on bly of the manufactured home by the who is to make the correction and for manufacturer, including an error in de- completing the correction. sign or assembly of any component or (2) Nothing in this section shall pre- system incorporated into the manufac- vent the manufacturer, retailer, or in- tured home by the manufacturer. staller from seeking indemnification (2) If, while making corrections under from the producer of the appliance, any of the provisions of this subpart, component, or system for correction the manufacturer creates an imminent work done on any appliance, compo- safety hazard or serious defect, the nent, or system. manufacturer shall correct the imminent safety hazard or serious defect. § 3282.407 Voluntary compliance with (3) Each serious defect or imminent the notification and correction re- safety hazard corrected under this quirements under the Act. paragraph (b) must be brought into A manufacturer that takes corrective compliance with applicable construc- action that complies with one of the tion and safety standards or, where following three alternatives to the re- those standards are not specific, with quirement in § 3282.408 for preparing a the manufacturer’s approved design. plan will be deemed to have provided (c) Inclusion in plan. (1) In the plan any notification required by § 3282.405: required by § 3282.408, the manufacturer (a) Voluntary action—one home. When must provide for correction of those a manufacturer has made a determina- homes that are required to be corrected tion that only one manufactured home pursuant to paragraph (b) of this sec- is involved, the manufacturer is not re- tion. quired to provide notification pursuant (2) If the Secretary or SAA orders a to § 3282.405 or to prepare or submit a manufacturer to provide correction in plan if: accordance with the procedures in (1) The manufacturer has made a de- § 3282.413, the Secretary or SAA has the termination of defect; or option of requiring a manufacturer to (2) The manufacturer has made a de- prepare and receive approval on a plan termination of serious defect or immi- for correction. nent safety hazard and corrects the (d) Corrections by owners. A manufac- home within the 20-day period. The turer that is required to make correc- manufacturer must maintain, in the tions under paragraph (b) of this sec- plant where the manufactured home tion, or that elects to make corrections was manufactured, a complete record in accordance with § 3282.407, must re- of the correction. The record must de- imburse any owner of an affected man- scribe briefly the facts of the case and ufactured home who choses to make any known cause of the serious defect

185

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.408 24 CFR Ch. XX (4–1–19 Edition)

or imminent safety hazard, state what granted or within another time limit corrective actions were taken, and be approved in the waiver; maintained in the service records in a (iii) The proposed repairs are ade- form that will allow the Secretary or quate to remove the defect, serious de- an SAA to review all such corrections. fect, or imminent safety hazard that (b) Voluntary action—multiple homes. gave rise to the determination that Regardless of whether a plan has been correction is required; and submitted under § 3282.408, the manu- (3) The manufacturer must correct facturer may act prior to obtaining ap- all affected manufactured homes with- proval of the plan. Such action is sub- in 60 days of being informed that the ject to review and disapproval by the request for waiver has been granted or SAA of the state where the home was within the time limit approved in the manufactured or by the Secretary, un- waiver, as applicable. The manufac- less the manufacturer obtains the writ- turer must record the known cause of ten agreement of the SAA or the Sec- the problem and the correction in the retary that the corrective action is service records, in an approved form adequate. If such an agreement is ob- that will allow the Secretary or SAA tained, the correction must be accepted to review the cause and correction. as adequate by all SAAs and the Sec- retary, if the manufacturer makes the § 3282.408 Plan of notification re- correction as agreed to and any immi- quired. nent safety hazard or serious defect is (a) Manufacturer’s plan required. Ex- eliminated. cept as provided in § 3282.407, if a manu- (c) Waiver. (1) A manufacturer may facturer determines that it is respon- obtain a waiver of the notification re- sible for providing notification under quirements in § 3282.405 and the plan re- § 3282.405, the manufacturer must pre- quirements in § 3282.408 either from the pare a plan in accordance with this sec- SAA of the state of manufacture, when tion and § 3282.409. The manufacturer all of the manufactured homes that must, as soon as practical, but not would be covered by the plan were later than 20 days after making the de- manufactured in that state, or from termination of defect, serious defect, the Secretary. As of the date of a re- or imminent safety hazard, submit the quest for a waiver, the notification and plan for approval to one of the fol- plan requirements are deferred pending lowing, as appropriate: timely submission of any additional (1) The SAA of the State of manufac- documentation as the SAA or the Sec- ture, when all of the manufactured retary may require and final resolution homes covered by the plan were manu- of the waiver request. If a waiver re- factured in that State; or quest is not granted, the plan required (2) The Secretary, when the manufac- by § 3282.408 must be submitted within 5 tured homes were manufactured in days after the expiration of the time more than one State or there is no frame established in § 3282.408, if the SAA in the State of manufacture. manufacturer is notified that the re- (b) Implementation of plan. Upon ap- quest was not granted. proval of the plan, including any (2) The waiver may be approved if, changes for cause required by the Sec- not later than 20 days after making the retary or SAA after consultation with determination that notification is re- the manufacturer, the manufacturer quired, the manufacturer presents evi- must carry out the approved plan with- dence that it, in good faith, believes in the agreed time limits. would show to the satisfaction of the SAA or the Secretary that: § 3282.409 Contents of plan. (i) The manufacturer has identified (a) Purpose of plan. This section sets all homes that would be covered by the out the requirements that must be met plan in accordance with § 3282.408; by a manufacturer in preparing any (ii) The manufacturer will correct, at plan it is required to submit under its expense, all of the identified homes, § 3282.408. The underlying requirement either within 60 days of being informed is that the plan show how the manufac- that the request for waiver has been turer will fulfill its responsibilities

186

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.409

with respect to notification and correc- ard and an explanation of the risk to tion. the occupants, which must include: (b) Contents of plan. The plan must: (i) The location of the defect, serious (1) Identify, by serial number and defect, or imminent safety hazard in other appropriate identifying criteria, the manufactured home; all manufactured homes for which noti- (ii) A description of any hazards, fication is to be provided, as deter- malfunctions, deterioration, or other mined pursuant to § 3282.404; consequences that may reasonably be (2) Include a copy of the notice that expected to result from the defect, seri- the manufacturer proposes to use to ous defect, or imminent safety hazard; provide the notification required by (iii) A statement of the conditions § 3282.405; that may cause such consequences to (3) Provide for correction of those arise; and manufactured homes that are required (iv) Precautions, if any, that the to be corrected pursuant to § 3282.406(b); owner can, should, or must take to re- (4) Include the IPIA’s written concur- duce the chance that the consequences rence or statement on the methods will arise before the manufactured used by the manufacturer to identify home is repaired; the homes that should be included in (5) A statement of whether there will the class of homes, as required pursu- be any warning that a dangerous occur- ant to § 3282.404(b); and rence may take place and what that (5) Include a deadline for completion warning would be, and of any signs of all notifications and corrections. that the owner might see, hear, smell, (c) Contents of notice. Except as other- or feel that might indicate danger or wise agreed by the Secretary or the deterioration of the manufactured SAA reviewing the plan under home as a result of the defect, serious § 3282.408, the notice to be approved as defect, or imminent safety hazard; part of the plan must include the fol- (6) A statement that the manufac- lowing: turer will correct the manufactured (1) An opening statement that reads: home, if the manufacturer will correct ‘‘This notice is sent to you in accord- the manufactured home under this sub- ance with the requirements of the Na- part or otherwise; tional Manufactured Housing Construc- (7) A statement in accordance with tion and Safety Standards Act.’’ whichever of the following is appro- (2) The following statement: ‘‘[choose priate: one, as appropriate: Manufacturer’s (i) Where the manufacturer will cor- name, or the Secretary, or the (insert rect the manufactured home at no cost State) SAA] has determined that [in- to the owner, the statement must indi- sert identifying criteria of manufac- cate how and when the correction will tured home] may not comply with an be done, how long the correction will applicable Federal Manufactured Home take, and any other information that Construction or Safety Standard.’’ may be helpful to the owner; or (3) Except when the manufacturer is (ii) When the manufacturer does not providing notice pursuant to an ap- bear the cost of repair, the notification proved plan or agreement with the Sec- must include a detailed description of retary or an SAA under § 3282.408, each all parts and materials needed to make applicable statement must read as fol- the correction; a description of all lows: steps to be followed in making the cor- (i) ‘‘An imminent safety hazard may rection, including appropriate illustra- exist in (identifying criteria of manu- tions; and an estimate of the cost of factured home).’’ the purchaser or owner of the correc- (ii) ‘‘A serious defect may exist in tion; (identifying criteria of manufactured (8) A statement informing the owner home).’’ that the owner may submit a com- (iii) ‘‘A defect may exist in (identi- plaint to the SAA or Secretary if the fying criteria of manufactured home).’’ owner believes that: (4) A clear description of the defect, (i) The notification or the remedy de- serious defect, or imminent safety haz- scribed therein is inadequate;

187

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00197 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.410 24 CFR Ch. XX (4–1–19 Edition)

(ii) The manufacturer has failed or is ness and immediacy of any risk posed unable to remedy the problem in ac- by the serious defect or imminent safe- cordance with its notification; or ty hazard will be given greater weight (iii) The manufacturer has failed or than other considerations. is unable to remedy the problem within (c) Extensions. An SAA that approved a reasonable time after the owner’s a plan or the Secretary may grant an first attempt to obtain remedy; and extension of the deadlines included in a (9) A statement that any actions plan, if the manufacturer requests such taken by the manufacturer under the an extension in writing and shows good Act in no way limit the rights of the cause for the extension, if the SAA or owner or any other person under any the Secretary decides that the exten- contract or other applicable law and sion is justified and not contrary to the that the owner may have further rights public interest. When the Secretary under contract or other applicable law. grants an extension for completion of any corrections, the Secretary will no- § 3282.410 Implementation of plan. tify the manufacturer and must pub- (a) Deadline for notifications. (1) The lish notice of such extension in the manufacturer must complete the noti- FEDERAL REGISTER. When an SAA fications carried out under a plan ap- grants an extension for completion of proved by an SAA or the Secretary any corrections, the SAA must notify under § 3282.408 on or before the dead- the Secretary and the manufacturer. line approved by the SAA or Secretary. (d) Recordkeeping. The manufacturer In approving each deadline, an SAA or must provide the report and maintain the Secretary will allow a reasonable the records that are required by time to complete all notifications, tak- § 3282.417 for all notification and correc- ing into account the number of manu- tion actions. factured homes involved and the difficulty of completing the notifications. § 3282.411 SAA initiation of remedial (2) The manufacturer must, at the action. time of dispatch, furnish to the SAA or (a) SAA review of information. When- the Secretary a true or representative ever an SAA has information indi- copy of each notice, bulletin, and other cating the possible existence of a non- written communication sent to retail- compliance, defect, serious defect, or ers, distributors, or owners of manufac- imminent safety hazard in a manufactured homes regarding any serious de- tured home, the SAA may initiate ad- fect or imminent safety hazard that ministrative review of the need for no- may exist in any homes produced by tification and correction. An SAA ini- the manufacturer, or regarding any tiates administrative review by either: noncompliance or defect for which the (1) Referring the matter to another SAA or Secretary requires, under SAA in accordance with paragraph (b) § 3282.413(c), the manufacturer to sub- of this section or to the Secretary; or mit a plan for providing notification. (2) Taking action itself, in accord- (b) Deadline for corrections. A manu- ance with § 3282.412, when it appears facturer that is required to correct a that all of the homes affected by the serious defect or imminent safety haz- noncompliance, defect, serious defect, ard pursuant to § 3282.406(b) must com- or imminent safety hazard were manu- plete implementation of the plan re- factured in the SAA’s State. quired by § 3282.408 on or before the (b) SAA referral of matter. If at any deadline approved by the SAA or the time it appears that the affected manu- Secretary. The deadline must be no factured homes were manufactured in later than 60 days after approval of the more than one State, an SAA that de- plan. In approving the deadline, the cides to initiate such administrative SAA or the Secretary will allow a rea- review must refer the matter to the sonable amount of time to complete Secretary for possible action pursuant the plan, taking into account the seri- to § 3282.412. If it appears that all of the ousness of the problem, the number of affected manufactured homes were manufactured homes involved, the im- manufactured in another State, an mediacy of any risk, and the difficulty SAA that decides to initiate adminis- of completing the action. The serious- trative review must refer the matter to

188

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00198 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.412

the SAA in the State of manufacture (b) Additional requirements—SAA or to the Secretary, for possible action issuance. (1) An SAA that receives in- pursuant to § 3282.412. formation that indicates a serious defect or an imminent safety hazard pos- § 3282.412 Preliminary and final ad- sibly exists in a home manufactured in ministrative determinations. that SAA’s State must notify the Sec- (a) Grounds for issuance of preliminary retary about that information. determination. The Secretary or, in ac- (2) An SAA that issues a preliminary cordance with § 3282.411, an SAA in the determination must provide a copy of State of manufacture, may issue a No- the preliminary determination to the tice of Preliminary Determination Secretary at the time of its issuance. when: Failure to comply with this require- (1) The manufacturer has not pro- ment does not affect the validity of the vided to the Secretary or SAA the nec- preliminary determination. essary information to make a deter- (c) Additional requirements—Secretary mination that: issuance. The Secretary will notify the (i) A noncompliance, defect, serious SAA of each State where the affected defect, or imminent safety hazard pos- homes were manufactured, and, to the sibly exists; or extent reasonable, the SAA of each State where the homes are located, of (ii) A manufacturer had information the issuance of a preliminary deter- that likely indicates a noncompliance, mination. Failure to comply with this defect, serious defect, or imminent requirement does not affect the valid- safety hazard for which the manufac- ity of the preliminary determination. turer failed to make the determina- (d) tions required under § 3282.404; Notice of Preliminary Determina- tion. (1) The Notice of Preliminary De- (2) The Secretary or SAA has infor- termination must be sent by certified mation that indicates a noncompli- mail or express delivery and must: ance, defect, serious defect, or immi- (i) Include the factual basis for the nent safety hazard possibly exists, and, determination; in the case of the SAA, the SAA be- (ii) Include the criteria used to iden- lieves that: tify any class of homes in which the (i) The affected manufactured home noncompliance, defect, serious defect, has been sold or otherwise released by or imminent safety hazard possibly ex- a manufacturer to a retailer or dis- ists; tributor, but there is no completed sale (iii) If applicable, indicate that the of the home to a purchaser; manufacturer may be required to make (ii) Based on the same factors that corrections on a home or in a class of are established for a manufacturer’s homes; and class determination in § 3282.404(b), the (iv) If the preliminary determination information indicates a class of homes is that the manufacturer failed to in which a noncompliance or defect make an initial determination required possibly exists; or under § 3282.404(a), include an allega- (iii) The information indicates one or tion that the manufacturer failed to more homes in which a serious defect act in good faith. or an imminent safety hazard possibly (2) The Notice of Preliminary Deter- exists; mination must inform the manufac- (3) The Secretary or SAA is review- turer that the preliminary determina- ing a plan under § 3282.408 and the Sec- tion will become final unless the manu- retary or SAA disagree with the manufacturer requests a hearing or presen- facturer on proposed changes to the tation of views under subpart D of this plan; part. (4) The Secretary or SAA believes (e) Presentation of views. (1) If a manu- that the manufacturer has failed to ful- facturer elects to exercise its right to a fill the requirements of a waiver grant- hearing or presentation of views, the ed under § 3282.407(c); or Secretary or the SAA, as applicable, (5) There is information that a manu- must receive the manufacturer’s re- facturer failed to make the determina- quest for a hearing or presentation of tions required under § 3282.404. views:

189

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.413 24 CFR Ch. XX (4–1–19 Edition)

(i) Within 15 days of delivery of the tions in any affected manufactured Notice of Preliminary Determination home if: of serious defect, defect, or noncompli- (i) The SAA or the Secretary makes ance; or a Final Determination that a defect or (ii) Within 5 days of delivery of the noncompliance exists in a manufac- Notice of Preliminary Determination tured home that has been sold or other- of imminent safety hazard. wise released by a manufacturer to a (2) A Formal or an Informal Presen- retailer or distributor but for which tation of Views will be held in accord- the sale to a purchaser has not been ance with § 3282.152 promptly upon re- completed; ceipt of a manufacturer’s request under (ii) The Secretary makes a Final De- paragraph (c) of this section. termination that an imminent safety (f) Issuance of Final Determination. (1) hazard or serious defect exists; or The SAA or the Secretary, as appro- (iii) The SAA makes a Final Deter- priate, may make a Final Determina- mination that an imminent safety haz- tion that is based on the allegations in ard or serious defect exists in any the preliminary determination and ad- home, and the SAA has received the verse to the manufacturer if: Secretary’s concurrence on the (i) The manufacturer fails to respond issuance of the Final Determination to the Notice of Preliminary Deter- and order. mination within the time period estab- (3) Only the Secretary may issue an lished in paragraph (c)(2) of this sec- order directing a manufacturer to re- tion; or (ii) The SAA or the Secretary decides purchase or replace any manufactured that the views and evidence presented home already sold to a purchaser, un- by the manufacturer or others are in- less the Secretary authorizes an SAA sufficient to rebut the preliminary de- to issue such an order. termination. (4) An SAA that has a concurrence or (2) At the time that the SAA or Sec- authorization from the Secretary on retary makes a Final Determination any order issued under this section that an imminent safety hazard, seri- must have the Secretary’s concurrence ous defect, defect, or noncompliance on any subsequent changes to the exists, the SAA or Secretary, as appro- order. An SAA that has issued a Pre- priate, must issue an order in accord- liminary Determination must have the ance with § 3282.413. Secretary’s concurrence on any waiver of notification or any settlement when § 3282.413 Implementation of Final De- the concerns addressed in the Prelimi- termination. nary Determination involve a serious (a) Issuance of orders. (1) The SAA or defect or an imminent safety hazard. the Secretary, as appropriate, must (5) If an SAA or the Secretary makes issue an order directing the manufac- a Final Determination that the manu- turer to furnish notification if: facturer failed to make, in good faith, (i) The SAA makes a Final Deter- an initial determination required under mination that a defect or noncompli- § 3282.404(a): ance exists in a class of homes; (i) The SAA may impose any pen- (ii) The Secretary makes a Final De- alties or take any action applicable termination that an imminent safety under State law and may refer the hazard, serious defect, defect, or non- matter to the Secretary for appro- compliance exists; or priate action; and (iii) The SAA makes a Final Deter- (ii) The Secretary may take any ac- mination that an imminent safety haz- tion permitted by law. ard or a serious defect exists in any (b) Decision to order replacement or re- home, and the SAA has received the purchase. The SAA or the Secretary Secretary’s concurrence on the will order correction of any manufac- issuance of the Final Determination tured home covered by an order issued and order. in accordance with paragraph (a)(2) of (2) The SAA or the Secretary, as ap- this section, unless any requirements propriate, must issue an order direct- and factors applicable under § 3282.414 ing the manufacturer to make correc- and § 3282.415 indicate that the SAA or

190

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.413

the Secretary should order replace- termination to the Secretary under ment or repurchase of the home. § 3282.309. (c) Time for compliance with order. (1) (e) Settlement offers. A manufacturer The SAA or the Secretary may require may propose in writing, at any time, the manufacturer to submit a plan for an offer of settlement and shall submit providing any notification and any cor- it for consideration by the Secretary or rection, replacement, or repurchase the SAA that issued the Notice of Pre- remedy that results from an order liminary Determination. The Sec- under this section. The manufacturer’s retary or the SAA has the option of plan must include the method and date providing the manufacturer making by which notification and any correc- the offer with an opportunity to make tive action will be provided. an oral presentation in support of such (2) The manufacturer must provide offer. If the manufacturer is notified any such notification and correction, that an offer of settlement is rejected, replacement, or repurchase remedy as the offer is deemed to have been with- early as practicable, but not later drawn and will not constitute a part of than: the record in the proceeding. Final ac- (i) Thirty days after issuance of the ceptance by the Secretary or an SAA of order, in the case of a Final Determina- any offer of settlement automatically terminates any proceedings related to tion of imminent safety hazard or when the matter involved in the settlement. the SAA or Secretary has ordered re- (f) Waiver of notification. (1) At any placement or repurchase of a home pur- time after the Secretary or an SAA has suant to § 3282.414; or issued a Notice of Preliminary Deter- (ii) Sixty days after issuance of the mination, the manufacturer may ask order, in the case of a Final Determina- the Secretary or SAA to waive any for- tion of serious defect, defect, or non- mal notification requirements. When compliance. requesting a waiver, the manufacturer (3) Subject to the requirements of must certify that: paragraph (a)(3) of this section, the (i) The manufacturer has made a SAA that issued the order or the Sec- class determination in accordance with retary may grant an extension of the § 3282.404(b); deadline for compliance with an order (ii) The manufacturer will correct, at if: the manufacturer’s expense, all af- (i) The manufacturer requests such fected manufactured homes in the class an extension in writing and shows good within a time period specified by the cause for the extension; and Secretary or SAA, but not later than 60 (ii) The SAA or the Secretary is sat- days after the manufacturer is notified isfied that the extension is justified in of the acceptance of the request for the public interest. waiver or the issuance of any Final De- (4) When the SAA grants an exten- termination, whichever is later; and sion, it must notify the manufacturer (iii) The proposed repairs are ade- and forward to the Secretary a draft of quate to correct the noncompliance, a notice of the extension for the Sec- defect, serious defect, or imminent retary to publish in the FEDERAL REG- safety hazard that gave rise to the ISTER. When the Secretary grants an issuance of the Notice of Preliminary extension, the Secretary must notify Determination. the manufacturer and publish notice of (2) If the Secretary or SAA grants a such extension in the FEDERAL REG- waiver, the manufacturer must reim- ISTER. burse any owner of an affected manu- (d) Appeal of SAA determination. With- factured home who chose to make the in 10 days of a manufacturer receiving correction before the manufacturer did notice that an SAA has made a Final so, for the reasonable cost of correc- Determination that an imminent safe- tion. ty hazard, a serious defect, a defect, or (g) Recordkeeping. The manufacturer noncompliance exists or that the man- must provide the report and maintain ufacturer failed to make the deter- the records that are required by minations required under § 3282.404, the § 3282.417 for all notification and correc- manufacturer may appeal the Final De- tion actions.

191

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00201 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.414 24 CFR Ch. XX (4–1–19 Edition)

§ 3282.414 Replacement or repurchase (5) Any other relevant factors that of homes after sale to purchaser. may be brought to the attention of the (a) Order to replace or repurchase. Secretary or the SAA. Whenever a manufacturer cannot cor- (c) Owner’s election of remedy. When rect or remove an imminent safety haz- under contract or other applicable law ard or a serious defect in a manufac- the owner has the right of election be- tured home, for which there is a com- tween replacement and refund, the pleted sale to a purchaser, within 60 manufacturer must inform the owner days of the issuance of an order under of such right of election and must in- § 3282.413 or any extension of the 60-day form the Secretary of the election, if deadline that has been granted by the any, made by the owner. Secretary in accordance with (d) Recordkeeping. The manufacturer § 3282.413(c)(3), the Secretary or, if au- must provide the report that is re- thorized in writing by the Secretary in quired by § 3282.417 when a manufac- accordance with § 3282.413(a)(3), the tured home has been replaced or repur- SAA may require that the manufac- chased under this section. turer: (1) Replace the manufactured home § 3282.415 Correction of homes before with a home that: sale to purchaser. (i) Is substantially equal in size, (a) Sale or lease prohibited. Manufac- equipment, and quality; and turers, retailers, and distributors must (ii) Either is new or is in the same not sell, lease, or offer for sale or lease condition that the defective manufac- any manufactured home that they have tured home would have been in at the reason to know, in the exercise of due time of discovery of the imminent safe- care, contains a noncompliance, defect, ty hazard or serious defect had the im- serious defect, or imminent safety haz- minent safety hazard or serious defect ard. The sale of a home to a purchaser not existed; or is complete when all contractual obli- (2) Take possession of the manufac- gations of the manufacturer, retailer, tured home, if the Secretary or the and distributor to the purchaser and SAA so orders, and refund the purchase conditions specified in § 3282.252 have price in full, except that the amount of been met. the purchase price may be reduced by a (b) Retailer/distributor notification to reasonable amount for depreciation if manufacturer. When a retailer, acting the home has been in the possession of as a reasonable retailer, or a dis- the owner for more than one year and tributor, acting as a reasonable dis- the amount of depreciation is based on: tributor, believes that a manufactured (i) Actual use of the home; and home that has been sold to the retailer (ii) An appraisal system approved by or distributor, but for which there is no the Secretary or the SAA that does not completed sale to a purchaser, likely take into account damage or deteriora- contains a noncompliance, defect, seri- tion resulting from the imminent safe- ous defect, or imminent safety hazard, ty hazard or serious defect. the retailer or distributor must notify (b) Factors affecting order. In deter- the manufacturer of the home in a mining whether to order replacement timely manner. or refund by the manufacturer, the (c) Manufacturer’s remedial responsibil- Secretary or the SAA will consider: ities. Upon a Final Determination pur- (1) The threat of injury or death to suant to § 3282.412(f) by the Secretary manufactured home occupants; or an SAA, a determination by a court (2) Any costs and inconvenience to of appropriate jurisdiction, or a manu- manufactured-home owners that will facturer’s own determination that a result from the lack of adequate repair manufactured home that has been sold within the specified period; to a retailer but for which there is no (3) The expense to the manufacturer; completed sale to a purchaser contains (4) Any obligations imposed on the a noncompliance, defect, serious de- manufacturer under contract, or other fect, or imminent safety hazard, the applicable law of which the Secretary manufacturer must do one of the fol- or the SAA has knowledge; and lowing:

192

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00202 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.416

(1) Immediately repurchase such tributors, transporters, installers, or manufactured home from the retailer others for the costs of repurchase, or distributor at the price paid by the parts, equipment, and corrective work retailer or distributor, plus pay all incurred by the manufacturer pursuant transportation charges involved, if to paragraph (c). any, and a reasonable reimbursement of not less than one percent per month § 3282.416 Oversight of notification of such price paid, prorated from the and correction activities. date the manufacturer receives notice (a) IPIA responsibilities. The IPIA in by certified mail of the noncompliance, each manufacturing plant must: defect, serious defect, or imminent (1) Assure that notifications required safety hazard; or under this subpart I are sent to all (2) At its expense, immediately fur- owners, purchasers, retailers, and dis- nish to the retailer or distributor all required parts or equipment for instal- tributors of whom the manufacturer lation in the home by the retailer or has knowledge; distributor, and the manufacturer (2) Audit the certificates required by must reimburse the retailer or dis- § 3282.417 to assure that the manufac- tributor for the reasonable value of the turer has made required corrections; retailer’s or distributor’s work, plus a (3) Whenever a manufacturer is re- reasonable reimbursement of not less quired to determine a class of homes than one percent per month of the pursuant to § 3282.404(b), provide either: manufacturer’s or distributor’s selling (i) The IPIA’s written concurrence on price, prorated from the date the man- the methods used by the manufacturer ufacturer receives notice by certified to identify the homes that should be mail to the date the noncompliance, included in the class of homes; or defect, serious defect, or imminent (ii) The IPIA’s written statement ex- safety hazard is corrected, so long as plaining why it believes the manufac- the retailer or distributor proceeds turer’s methods for determining the with reasonable diligence with the re- class of homes were inappropriate or quired work; or inadequate; and (3) Carry out all needed corrections (4) Conduct, at least monthly, a re- to the home. view the manufacturer’s service (d) Establishing costs. The value of records of determinations under reasonable reimbursements as specified § 3282.404 and take appropriate action in in paragraph (c) of this section will be accordance with §§ 3282.362(c) and fixed by either: 3282.364. (1) Mutual agreement of the manu- (b) SAA and Secretary’s responsibilities. facturer and retailer or distributor; or (1) SAA oversight of manufacturer (2) A court in an action brought compliance with this subpart will be under section 613(b) of the Act (42 done primarily by periodically check- U.S.C. 5412(b)). (e) Records required. The manufac- ing the records that manufacturers are turer and the retailer or distributor required to keep under § 3282.417. must maintain records of their actions (2) The SAA or Secretary to which taken under this section in accordance the report required by § 3282.417(a) is with § 3282.417. sent is responsible for assuring, (f) Exception for leased homes. This through oversight, that remedial ac- section does not apply to any manufac- tions have been carried out as de- tured home purchased by a retailer or scribed in the report. The SAA of the distributor that has been leased by State in which an affected manufac- such retailer or distributor to a tenant tured home is located may inspect that for purposes other than resale. Other home to determine whether any correc- remedies that may be available to a re- tion required under this subpart I is tailer or distributor under subpart I of carried out in accordance with the ap- this part continue to be applicable. proved plan or, if there is no plan, with (g) Indemnification. A manufacturer the construction and safety standards may indemnify itself through agree- or other approval obtained by the man- ments or contracts with retailers, dis- ufacturer.

193

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00203 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.417 24 CFR Ch. XX (4–1–19 Edition)

§ 3282.417 Recordkeeping require- graph (e) of this section for each af- ments. fected home. Such class determination (a) Manufacturer report on notifica- file must contain the records of each tions and corrections. Within 30 days class determination, notification, and after the deadline for completing any correction, as applicable. For each notifications, corrections, replace- class determination, the manufacturer ment, or repurchase required pursuant must record once in each class deter- to this subpart, the manufacturer must mination file the information common provide a complete report of the action to the class, and must identify by se- taken to, as appropriate, the Secretary rial number all of the homes that the or the SAA that approved the plan class comprises and that are subject to under § 3282.408, granted a waiver, or notification and correction, as applica- issued the order under § 3282.413. If any ble. other SAA or the Secretary forwarded (c) Manufacturer records of notifica- the relevant consumer complaint or tions. When a manufacturer is required other information to the manufacturer to provide notification under this sub- in accordance with § 3282.403, the manu- part, the manufacturer must maintain facturer must send a copy of the report a record of each type of notice sent and to that SAA or the Secretary, as appli- a complete list of the persons notified cable. and their addresses. The manufacturer (b) Records of manufacturer’s deter- must maintain these records in a man- minations. (1) A manufacturer must ner approved by the Secretary or an record each initial and class deter- SAA to identify each notification cam- mination required under § 3282.404, in a paign. manner approved by the Secretary or (d) Manufacturer records of corrections. an SAA and that identifies who made When a manufacturer is required to each determination, what each deter- provide or provides correction under mination was, and all bases for each this subpart, the manufacturer must determination. Such information must maintain a record of one of the fol- be available for review by the IPIA. lowing, as appropriate, for each manu- (2) The manufacturer records must factured home involved: include: (1) If the correction is made, a cer- (i) The information it received that tification by the manufacturer that the likely indicated a noncompliance, de- repair was made to conform to the fed- fect, serious defect, or imminent safety eral construction and safety standards hazard; in effect at the time the home was (ii) All of the manufacturer’s deter- manufactured and that each identified minations and each basis for those de- imminent safety hazard or serious determinations; fect has been corrected; or (iii) The methods used by the manu- (2) If the owner refuses to allow the facturer to establish any class, includ- manufacturer to repair the home, a ing, when applicable, the cause of the certification by the manufacturer that: defect, serious defect, or imminent (i) The owner has been informed of safety hazard; and the problem that may exist in the (iv) Any IPIA concurrence or state- home; ment that it does not concur with the (ii) The owner has been provided with manufacturer’s class determination, in a description of any hazards, malfunc- accordance with § 3282.404(b). tions, deterioration, or other con- (3) When the records that a manufac- sequences that may reasonably be ex- turer is required to keep in accordance pected to result from the defect, seri- with this paragraph (b) involve a class ous defect, or imminent safety hazard; of manufactured homes that have the and same noncompliance, defect, serious (iii) An attempt has been made to re- defect, or imminent safety hazard, the pair the problems, but the owner has manufacturer has the option of meet- refused the repair. ing the requirements of this paragraph (e) Maintenance of manufacturer’s by establishing a class determination records. (1) Except as provided in para- file, instead of including the same in- graph (b)(3) of this section, for each formation in the file required by para- manufactured home produced by a

194

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00204 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.452

manufacturer, the manufacturer must (g) The extent of potential benefits to maintain in a printed or electronic for- other persons; mat all of the information required by (h) Any history of prior violations; paragraphs (b), (c), and (d) of this sec- (i) Deterrence of future violations; tion, and must consolidate the infor- and mation in a readily accessible file or in (j) Such other factors as justice may a readily accessible combination of a require. printed file and an electronic file. For each home, the manufacturer also Subpart J—Monitoring of Primary must include in such file a copy of the homes data plate; all information re- Inspection Agencies lated to manufacture, handling, and as- § 3282.451 General. sembly of the home; any checklist or similar documentation used by the The actions of all primary inspection manufacturer in the transport of the agencies accepted under subpart H home; the name and address of the re- shall be monitored by the Secretary or tailer; the original or a copy of each the Secretary’s agent to determine purchaser’s registration record re- whether the PIAs are fulfilling their ceived by the manufacturer; all cor- responsibilities under these regula- respondence with the retailer and tions. This monitoring shall be carried homeowner that is related to the home; out primarily through joint monitoring any information received by the manu- teams made up of personnel supplied by facturer regarding setup of the home; SAAs and by the Secretary or the Sec- all work orders for servicing the home; retary’s agent. Monitoring parties and the information that the manufac- shall make recommendations to the turer is required to keep pursuant to Secretary with respect to final accept- § 3282.211. The manufacturer must orga- ance of PIAs under §§ 3282.361(e) and nize all such files in order of the serial 3282.362(e), continued acceptance, and numbers of the homes produced. disqualification or requalification (2) The manufacturer must maintain under § 3282.356, and with respect to any each of these manufactured-home changes which PIAs should make in records at the plant where the home their operations in order to continue to was produced. If that plant is no longer be approved. Based on this monitoring, in existence, the manufacturer must the Secretary shall determine whether keep the records at its nearest produc- PIAs should continue to be approved tion plant in the same State, or, if such under these regulations. a plant does not exist, at the manufacturer’s corporate headquarters. § 3282.452 Participation in monitoring. (a) Joint monitoring teams. (1) The Sec- § 3282.418 Factors for appropriateness retary or the Secretary’s agent shall and amount of civil penalties. develop and coordinate joint moni- In determining whether to seek a toring teams which shall be made up of civil penalty for a violation of the re- qualified personnel provided by SAAs quirements of this subpart, and the and by the Secretary or the Secretary’s amount of such penalty to be rec- agent. The Secretary or the Sec- ommended, the Secretary will consider retary’s agent shall determine whether the provisions of the Act and the fol- personnel are qualified based on edu- lowing factors: cation or experience. (a) The gravity of the violation; (2) The joint monitoring teams will (b) The degree of the violator’s culpa- operate generally on a regional basis. bility, including whether the violator To the extent possible, the teams shall had acted in good faith in trying to be so scheduled that personnel provided comply with the requirements; by an SAA will be monitoring oper- (c) The injury to the public; ations in manufactured home plants (d) Any injury to owners or occu- from which manufactured homes are pants of manufactured homes shipped into their State. (e) The ability to pay the penalty; (3) Personnel from an SAA shall not (f) Any benefits received by the viola- participate on joint monitoring teams tor; operating within their State.

195

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00205 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.453 24 CFR Ch. XX (4–1–19 Edition)

(4) States are encouraged but not re- carrying out their responsibilities with quired to participate on joint moni- respect to remedial actions. toring teams. (b) State monitoring. A State may § 3282.453 Frequency and extent of carry out monitoring of IPIA functions monitoring. at plant facilities within the State if (a) The actions of all primary inspec- the State is not acting as an IPIA. tion agencies shall be monitored at a Where a State wishes to carry out frequency adequate to assure that they monitoring activities it shall do so in are performing consistently and ful- coordination with the Secretary and filling their responsibilities under the Secretary’s agent. To the extent these regulations. Every aspect of the that the State is performing adequate primary inspection agencies’ perform- monitoring, the frequency of the joint ance shall be monitored. team monitoring may be reduced to (b) Frequency of monitoring. The one visit per year consistent with the performance of each primary inspec- requirements of § 3282.453. tion agency shall be monitored during (c) Review of staff capability. The mon- its period of provisional acceptance by itoring party shall review the capa- a complete review of its records and, in bility of the PIA’s staff to perform the the case of IPAs, by a complete inspec- functions it is required to perform. tion of the operations of at least one (d) Review of interpretations. The mon- manufacturing plant which it has ap- itoring party shall review all records of proved or in which it is operating. interpretations of the standards made After the initial inspection, the per- by the PIA to determine whether they formance of each primary inspection are consistent and to determine wheth- agency shall be monitored four times er there are any conflicts which should per year, except that the number of be referred to the Secretary for deter- monitoring visits may be decreased to mination. a minimum of one per year if the per- (e) DAPIA. Monitoring parties shall formance of the primary inspection review on a random basis at least 10 agency is deemed by the Secretary or percent of the design and quality assur- the Secretary’s agent to be superior, ance manual approvals made by each and it may be increased as necessary if DAPIA in each year. performance is suspect. There shall be a minimum of one review per year of (f) IPIA. The monitoring parties shall the records of each primary inspection assure that the IPIAs are carrying out agency, and there shall be more re- all of the functions for which they have views as needed. been accepted. In particular, they shall assure that the manufacturing process is as stated in the certification reports, Subpart K—Departmental that the IPIAs are carrying out the re- Oversight quired number of inspections, that inspections are effective, and that the § 3282.501 General. IPIAs are maintaining complete label The Secretary shall oversee the per- control as required by § 3282.362. A mon- formance of SAAs, the Secretary’s itoring team shall monitor the IPIA’s agent, and primary inspection agencies office procedures, files, and label con- as follows: trol and the monitoring team shall (a) The Secretary shall review SAA send copies of its report to the Sec- reports to ensure that States are tak- retary or the Secretary’s agent, which ing appropriate actions with regard to shall send copies to all monitoring the enforcement of the standards and teams which monitor the operations of with respect to the functions for which the subject IPIA. they are approved under these regula- (g) Remedial actions. The monitoring tions. parties shall review the remedial ac- (b) The Secretary shall review moni- tion records of the manufacturers and toring reports submitted by the Sec- of the primary inspection agencies retary’s agent to determine that it is closely to determine whether the pri- performing in accordance with the con- mary inspection agencies have been tract between it and the Secretary.

196

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00206 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.554

(c) The Secretary shall review moni- tured and labeled at that plant during toring reports to determine whether the preceding month. The report must PIAs are fulfilling their responsibil- also include the date of manufacture, ities under these regulations. State of first location of these manu- (d) The Secretary shall make random factured homes after leaving the plant, visits for the purpose of overseeing the type of unit, and any other information activities of SAAs and the Secretary’s required under this part. For all homes agent. to be completed pursuant to subpart M (e) The Secretary shall take such of these regulations, the production re- other actions to oversee the system es- port must also include a brief descrip- tablished by these regulations as it tion of the work to be completed on deems appropriate. site. The State of first location is the (f) All records maintained by all par- State of the premises of the retailer or ties acting under these regulations purchaser to whom the manufactured with respect to those actions shall be home is first shipped. The monthly re- available to the Secretary, the Sec- port must be submitted by the 10th day retary’s agent, and where appropriate, of each month and contain information SAAs and PIAs for review at any rea- describing the manufacturer’s previous sonable time. month’s activities. The manufacturer is encouraged to submit the report § 3282.502 Departmental implementa- electronically, when feasible. tion. To the extent that SAAs or any par- [80 FR 53727, Sept. 8, 2015] ties contracting with the Secretary do not perform functions called for under § 3282.553 IPIA reports. these regulations, those functions shall Each IPIA shall submit by the twen- be carried out by the Secretary with tieth day of each month to each SAA, its own personnel or through other ap- or if no SAA to the Secretary, in each propriate parties. state where it is engaged in the inspection of manufacturing plants, a report § 3282.503 Determinations and hear- of the operations of each manufacturer ings. in that State for the preceding month The Secretary shall make all the de- which includes the following informa- terminations and hold such hearings as tion: are required by these regulations, and (a) The number of single-wide and the Secretary shall resolve all disputes double-wide manufactured homes la- arising under these regulations. beled in the preceding month; (b) The number of inspection visits Subpart L—Manufacturer, IPIA and made to each manufacturing plant in SAA Reports the preceding month; and (c) The number of manufactured § 3282.551 Scope and purpose. homes with a failure to conform to the This subpart describes the reports standards or an imminent safety haz- which shall be submitted by manufac- ard during the preceding month found turers, PIAs and SAAs as part of the in the manufacturing plant. system of enforcement established The manufacturers report for the pre- under these regulations. Additional re- ceding month described in § 3282.552 ports described in subpart I are re- shall be attached to each such IPIA required when corrective actions are port as an appendix thereto. taken under that subpart. § 3282.554 SAA reports. § 3282.552 Manufacturer reports for Each SAA shall submit, prior to the joint monitoring fees. last day of each month, to the Sec- The manufacturer must submit to retary a report covering the preceding the IPIA in each of its manufacturing month which includes: plants, and to HUD or to the Sec- (a) The description and status of all retary’s agent, a monthly production presentations of views, hearings and report that includes the serial numbers other legal actions during the pre- of each manufactured home manufac- ceding month; and

197

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.601 24 CFR Ch. XX (4–1–19 Edition)

(b) The description of the SAA’s over- ments of this subpart. The aspects of sight activities and findings regarding construction that may be approved to consumer complaints, notification, and be completed on-site are the partial correction actions during the preceding completion of structural assemblies or month. The IPIA report for the pre- systems (e.g., electrical, plumbing, ceding month described in § 3282.553, as heating, cooling, fuel burning, and fire well as any orders issued pursuant to safety systems) and components built 3282.413 and manufacturer reports as an integral part of the home, when under § 3282.417(a), which were received the partial completion on-site is war- during the preceding month, are to be ranted because completion of the par- attached to each such SAA report as an tial structural assembly or system dur- Appendix thereto. ing the manufacturing process in the [41 FR 19852, May 13, 1976, as amended at 78 factory would not be practicable (e.g., FR 60208, Oct. 1, 2013] because of the home design or which could result in transportation damage Subpart M—On-Site Completion of or if precluded because of road restric- Construction of Manufactured tions). Examples of construction that may be completed on-site include: Homes (1) Hinged roof and eave construction, unless exempted as installation SOURCE: 80 FR 53727, Sept. 8, 2015, unless by § 3285.801(f) of the Model Manufac- otherwise noted. tured Home Installation Standards and § 3282.601 Purpose and applicability. completed and inspected in accordance with the Manufactured Home Installa- (a) Purpose of section. Under HUD tion Program; oversight, this section establishes the (2) Any work required by the home procedure for limited on-site comple- design that cannot be completed in the tion of some aspects of construction factory, or when the manufacturer au- that cannot be completed at the fac- thorizes the retailer to provide an add- tory. on, not including an attached garage, (b) Applicability. This section may be to the home during installation, when applied when all requirements of this that work would take the home out of subpart are met. To be applicable a conformance with the construction and manufactured home must: safety standards and then bring it back (1) Be substantially completed in the into conformance; factory; (2) Meet the requirements of the Con- (3) Appliances provided by the manu- struction and Safety Standards upon facturer, installer, retailer, or pur- completion of the site work; and chaser, including fireplaces to be in- (3) Be inspected by the manufactur- stalled on site; er’s IPIA as provided in this subpart, (4) Components or parts that are unless specifically exempted as instal- shipped loose with the manufactured lation under HUD’s Model Installation home and that will be installed on-site, Standards, 24 CFR part 3285. This sub- unless exempted as installation by the part does not apply to Alternative Con- installation standards; struction (see § 3282.14) that does not (5) Exterior applications such as comply with the Manufactured Home brick siding, stucco, or tile roof sys- Construction and Safety Standards. tems; and (6) Other construction such as roof § 3282.602 Construction qualifying for extensions (dormers), site-installed on-site completion. windows in roofs, removable or open (a) The manufacturer, the manufac- floor sections for basement stairs, and turer’s DAPIA acting on behalf of HUD, sidewall bay windows. and the manufacturer’s IPIA acting on (b) The manufacturer or a licensed behalf of HUD may agree to permit cer- contractor or similarly qualified pro- tain aspects of construction of a manu- fessional with prior authorization from factured home to be completed to the the manufacturer may perform the on- Construction and Safety Standards on- site work in accordance with the site in accordance with the require- DAPIA approvals and site completion

198

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.603

instructions. However, the manufac- (1) Include a unique site completion turer is responsible for the adequacy of numeric identification for each ap- all on-site completion work regardless proval for each manufacturer (i.e., of who does the work, and must pre- manufacturer name or abbreviation, pare and provide all site inspection re- SC–XX); ports, as well as the certification of (2) Identify the work to be completed completion, and must fulfill all of its on-site; responsibilities and maintain all (3) List all models to which the ap- records at the factory of origin as re- proval applies, or indicate that the ap- quired by § 3282.609. proval is not model-specific; (4) Include acceptance by the DAPIA § 3282.603 Request for approval; of a quality assurance manual for on- DAPIA review, notification, and ap- site completion meeting the require- proval. ments of paragraph (e) of this section; (a) Manufacturer’s request for ap- (5) Include the IPIA’s written agree- proval. The manufacturer must request, ment to accept responsibility for com- in writing, and obtain approval of its pletion of the necessary on-site inspec- DAPIA for any aspect of construction tions and accompanying records; that is to be completed on-site under (6) Identify instructions authorized this subpart. The manufacturer, its for completing the work on-site that IPIA, and its DAPIA must work to- meet the requirements of paragraph (f) gether to reach agreements necessary of this section; to enable the request to be reviewed (7) Include the manufacturer’s sys- and approved. tem for tracking the status of homes (b) DAPIA notification. The DAPIA, built under the approval until the on- acting on behalf of HUD, must notify site work and necessary inspections the manufacturer of the results of the have been completed, to assure that DAPIA’s review of the manufacturer’s the work is being performed properly; request, and must retain a copy of the (8) Include a quality control check- notification in the DAPIA’s records. list to be used by the manufacturer and The DAPIA shall also forward a copy of IPIA and approved by the DAPIA to the approval to HUD or the Secretary’s verify that all required components, agent as provided under § 3282.361(a)(4). materials, labels, and instructions The notification must either: needed for site completion are provided (1) Approve the request if it is con- in each home prior to shipment; sistent with this section and the objec- (9) Include an inspection checklist tives of the Act; or developed by the IPIA and manufac- (2) Deny the proposed on-site comple- turer and approved by the DAPIA, that tion and set out the reasons for the de- is to be used by the final site inspec- nial. tors; (c) Manner of DAPIA approval. Notifi- (10) Include a Consumer Information cation of DAPIA approval must in- Notice developed by the manufacturer clude, by incorporation or by listing, and approved by the DAPIA that ex- the information required by paragraph plains the on-site completion process (d) of this section, and must be indi- and identifies the work to be com- cated by the DAPIA placing its stamp pleted on-site; and of approval or authorized signature on (11) Include any other requirements each page of the manufacturer’s de- and limitations that the DAPIA deems signs submitted with its request for ap- necessary or appropriate to accomplish proval. The DAPIA must include an the purposes of the Act. ‘‘SC’’ designation on each page that in- (e) Quality assurance manual for on- cludes an element of construction that site completion requirements. The portion is to be completed on-site and must in- of the quality assurance manual for on- clude those pages as part of the ap- site completion required by paragraph proved design package. (d)(3) of this section must receive the (d) Contents of DAPIA approval. Any written concurrence of the manufac- approval by the DAPIA under this sec- turer’s IPIA with regard to its accept- tion must: ability and applicability to the on-site

199

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00209 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.604 24 CFR Ch. XX (4–1–19 Edition)

completion of the affected manufac- completed in the manufacturer’s plant tured homes. It must include a com- at the proper completion of the in- mitment by the manufacturer to pre- plant production phase, even though pare a final site inspection report that some aspects of construction will be will be submitted to the IPIA for its re- completed on-site in accordance with view. When appropriate, this portion of the DAPIA’s approval. Any such homes the quality assurance manual for on- or sections of such homes must have a site completion will be deemed a label affixed in accordance with change in the manufacturer’s quality § 3282.362(c)(2) and be shipped with a assurance manual for the applicable Consumer Information Notice that models, in accordance with §§ 3282.203 meets the requirements of § 3282.606. and 3282.361. (c) Site inspection. Prior to occupancy, (f) Instructions for completion on-site. the manufacturer must ensure that The DAPIA must include instructions each home is inspected on-site. The authorized for completing the work on- manufacturer is responsible for in- site as a separate part of the manufac- specting all aspects of construction turer’s approved design package. The that are completed on-site as provided manufacturer must provide a copy of in its approved designs and quality as- these instructions and the inspection surance manual for on-site completion. checklist required by paragraph (d)(9) (d) Site inspection report. (1) In pre- of this section to the IPIA for moni- paring the site inspection report, the toring and inspection purposes. manufacturer must use the inspection checklist approved by the DAPIA in ac- § 3282.604 DAPIA responsibilities. cordance with § 3282.603(d)(9), and must The DAPIA, acting on behalf of HUD, prepare a final site inspection report for any manufacturer proceeding under and provide a copy to the IPIA within this section is responsible for: 5 business days of completing the re- (a) Verifying that all information report. Within 5 business days after the quired by § 3282.603 has been submitted date that the IPIA notifies the manu- by the manufacturer; facturer of the IPIA’s approval of the (b) Reviewing and approving the final site inspection report, the manu- manufacturer’s designs, quality control facturer must provide a copy of the ap- checklist, site inspection checklist, proved report to the lessor or pur- site completion instructions, and qual- chaser prior to occupancy and, as ap- ity assurance manuals for site work to plicable, the appropriate retailer and be performed; any person or entity other than the (c) Maintaining all records and ap- manufacturer that performed the on- provals for at least 5 years; site construction work. (d) Revoking or amending its approv- (2) Each approved final site inspec- als in accordance with § 3282.609; and tion report must include: (e) Reviewing its approvals under (i) The name and address of the man- this section at least every 3 years or ufacturer; more frequently if there are changes (ii) The serial number of the manu- made to the Manufactured Home Con- factured home; struction and Safety Standards, 24 CFR (iii) The address of the home site; part 3280, to verify continued compli- (iv) The name of the person and/or ance with the Standards. agency responsible for the manufacturer’s final site inspection; § 3282.605 Requirements applicable to (v) The name of each person and/or completion of construction. agency who performs on-site inspec- (a) Serial numbers of homes completed tions on behalf of the IPIA, the name on-site. The serial number of each home of the person responsible for accept- completed in conformance with this ance of the manufacturer’s final on-site section must include the prefix or suf- inspection report on behalf of the IPIA, fix ‘‘SC’’. and the IPIA’s name, mailing address, (b) Labeling. A manufacturer that has and telephone number; received a DAPIA approval under (vi) A description of the work per- § 3282.604 may certify and label a manu- formed on-site and the inspections factured home that is substantially made;

200

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00210 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.606

(vii) When applicable, verification complete until the purchaser or lessor, that any problems noted during inspec- as applicable, has been provided with tions have been corrected prior to cer- the report. tification of compliance; and (e) Report to HUD. (1) The manufac- (viii) Certification by the manufacturer must report to HUD through its turer of completion in accordance with IPIA, on the manufacturer’s monthly the DAPIA-approved instructions and production report required in accord- that the home conforms with the ap- ance with § 3282.552, the serial number proved design or, as appropriate under and site completion numeric identifica- § 3282.362(a)(1)(iii), the construction and tion (see § 3282.603(d)(1)) of each home safety standards. produced under an approval issued pur- (3) The IPIA must review each manu- suant to this section. facturer’s final on-site inspection re- (2) The report must be consistent port and determine whether to accept with the DAPIA approval issued pursu- that inspection report. ant to this section. (i) Concurrent with the manufactur- (3) The manufacturer must submit a er’s final site inspection, the IPIA or copy of the report, or a separate listing the IPIA’s agent must inspect all of the of all information provided on each re- on-site work for homes completed port for homes that are completed using an approval under this section. under an approval issued pursuant to The IPIA must use the inspection this section, to the SAAs of the States checklist approved by the DAPIA in ac- where the home is substantially com- cordance with § 3282.603(d)(9). pleted in the factory and where the (ii) If the IPIA determines that the home is sited, as applicable. manufacturer is not performing adequately in conformance with the ap- § 3282.606 Consumer information. proval, the IPIA must redtag and rein- (a) Notice. Any home completed under spect until it is satisfied that the man- the procedures established in this sec- ufacturer is conforming to the condition must be shipped with a temporary tions included in the approval. The notice that explains that the home will home may not be occupied until the comply with the requirements of the manufacturer and the IPIA have pro- construction and safety standards only vided reports, required by this section, after all of the site work has been com- confirming compliance with the Con- pleted and inspected. The notice must struction and Safety Standards. be legible and typed, using letters at (iii) The IPIA must notify the manu- least 1⁄4 inch high in the text of the no- facturer of the IPIA’s acceptance of the tice and 3⁄4 inch high for the title. The manufacturer’s final site inspection re- notice must read as follows: port. The IPIA may indicate accept- IMPORTANT CONSUMER INFORMATION ance by issuing its own final site in- NOTICE spection report or by indicating, in writing, its acceptance of the manufac- WARNING: DO NOT LIVE IN THIS HOME turer’s site inspection report showing UNTIL THE ON–SITE WORK HAS BEEN COMPLETED AND THE MANUFACTURER that the work completed on-site is in HAS PROVIDED A COPY OF THE INSPEC- compliance with the DAPIA approval TION REPORT THAT CERTIFIES THAT and the Construction and Safety THE HOME HAS BEEN INSPECTED AND IS Standards. CONSTRUCTED IN ACCORDANCE WITH (4) Within 5 business days of the date APPROVED INSTRUCTIONS FOR MEET- of IPIA’s notification to the manufac- ING THE CONSTRUCTION AND SAFETY turer of the acceptance of its final site STANDARDS. inspection report, the manufacturer This home has been substantially com- must provide to the purchaser or les- pleted at the factory and certified as having sor, as applicable, the manufacturer’s been constructed in conformance with the final site inspection report. For pur- Federal Manufactured Home Construction poses of establishing the manufactur- and Safety Standards when specified work is performed and inspected at the home site. er’s and retailer’s responsibilities This on-site work must be performed in ac- under the Act and subparts F and I of cordance with manufacturer’s instructions this part, the sale or lease of the manu- that have been approved for this purpose. factured home will not be considered The work to be performed on-site is [insert

201

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.607 24 CFR Ch. XX (4–1–19 Edition)

description of all work to be performed in ac- § 3282.607 IPIA responsibilities. cordance with the construction and safety standards]. The IPIA, acting on behalf of HUD, This notice may be removed by the pur- for any manufacturer proceeding under chaser or lessor when the manufacturer pro- this section is responsible for: vides the first purchaser or lessor with a (a) Working with the manufacturer copy of the manufacturer’s final site inspec- and the manufacturer’s DAPIA to in- tion report, as required by regulation. This corporate into the DAPIA-approved final report must include the manufacturer’s quality assurance manual for on-site certification of completion. All manufac- completion any changes that are nec- tured homes may also be subject to separate essary to ensure that homes completed regulations requiring approval of items not on-site conform to the requirements of covered by the Federal Manufactured Home this section; Construction and Safety Standards, such as installation and utility connections. (b) Providing the manufacturer with a supply of the labels described in this (b) Placement of notice in home. The section, in accordance with the re- notice required by paragraph (a) of this quirements of § 3282.362(c)(2)(i)(A); section must be displayed in a con- (c) Overseeing the effectiveness of spicuous and prominent location with- the manufacturer’s quality control sys- in the manufactured home and in a tem for assuring that on-site work is manner likely to assure that it is not completed to the DAPIA-approved de- removed until, or under the authoriza- signs, which must include: tion of, the purchaser or lessor. The no- (1) Verifying that the manufacturer’s tice is to be removed only by the first quality control manual at the installa- purchaser or lessor. No retailer, instal- tion site is functioning and being fol- lation or construction contractor, or lowed; other person may interfere with the re- (2) Monitoring the manufacturer’s quired display of the notice. system for tracking the status of each (c) Providing notice before sale. The home built under the approval until the on-site work and necessary inspec- manufacturer or retailer must also pro- tions have been completed; vide a copy of the Consumer Informa- (3) Reviewing all of the manufactur- tion Notice to prospective purchasers er’s final on-site inspection reports; of any home to which the approval ap- and plies before the purchasers enter into (4) Inspecting all of the on-site con- an agreement to purchase the home. struction work for each home utilizing (d) When sale or lease of home is com- an IPIA inspector or an independent plete. For purposes of establishing the qualified third-party inspector accept- manufacturer’s and retailer’s respon- able to the IPIA and acting as the des- sibilities for on-site completion under ignee or representative: the Act and subparts F and I of this (i) Prior to close-up, unless access part, the sale or lease of the manufac- panels are provided to allow the work tured home will not be considered com- to be inspected after all work is complete until the purchaser or lessor, as pleted on-site; and applicable, has been provided with a (ii) After all work is completed on- copy of the final site inspection report site, except for close-up; required under § 3282.605(d) and a copy (d) Designating an IPIA inspector or of the manufacturer’s certification of an independent qualified third-party completion required under § 3282.609(k) inspector acceptable to the IPIA, as set and (l). For 5 years from the date of the forth under § 3282.358(d), who is not as- sale or lease of each home, the manu- sociated with the manufacturer and is facturer must maintain in its records not involved with the site construction an indication that the final on-site in- or completion of the home and is free spection report and certification of of any conflict of interest in accord- completion has been provided to the ance with § 3282.359, to inspect the work lessor or purchaser and, as applicable, done on-site for the purpose of determining compliance with: the appropriate retailer. (1) The approved design or, as appropriate under § 3282.362(a)(1)(iii), the

202

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00212 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3282.608

Construction and Safety Standards; or authorizing a licensed contractor or and similarly qualified person to complete (2) The DAPIA-approved quality as- all site construction and any needed re- surance manual for on-site completion pairs; applicable to the labeling and comple- (g) Providing a written certification tion of the affected manufactured to the lessor or purchaser, when all site homes; construction work is completed, that (e) Notifying the manufacturer of the each home, to the best of the manufac- IPIA’s acceptance of the manufactur- turer’s knowledge and belief, is con- er’s final site inspection report (see structed in conformance with the Con- § 3282.605(d)(3)(iii)); struction and Safety Standards; (f) Preparing final site inspection re- (h) Ensuring that the consumer noti- ports and providing notification to the fication requirements of § 3282.606 are manufacturer of its acceptance of the met for any home completed under this manufacturer’s final site inspection re- subpart; port within 5 business days of pre- (i) Maintaining a system for tracking paring its report. The IPIA is to main- the status of homes built under the ap- tain its final site inspection reports proval until the on-site work and nec- and those of the manufacturer for a pe- essary inspections have been com- riod of at least 5 years. All reports pleted, such that the system will as- must be available for HUD and SAA re- sure that the work is performed in ac- view in the IPIA’s central record office cordance with the quality control man- as part of the labeling records; and ual and other conditions of the ap- (g) Reporting to HUD, the DAPIA, proval; and the manufacturer if one or more (j) Ensuring performance of all work homes has not been site inspected prior as necessary to assure compliance with to occupancy or when arrangements for the Construction and Safety Standards one or more manufactured homes to be upon completion of the site work, in- site inspected have not been made. cluding § 3280.303(b) of this chapter, regardless of who does the work or where § 3282.608 Manufacturer responsibil- the work is completed; ities. (k) Preparing a site inspection report A manufacturer proceeding under upon completion of the work on-site, this section is responsible for: certifying completion in accordance (a) Obtaining DAPIA approval for with DAPIA-approved instruction and completion of construction on-site, in that the home conforms with the ap- accordance with § 3282.603; proved design or, as appropriate under (b) Obtaining the IPIA’s agreement § 3282.362(a)(1)(iii), the construction and to perform on-site inspections as nec- safety standards; essary under this section and the terms (l) Arranging for an on-site inspec- of the DAPIA’s approval; tion of each home upon completion of (c) Notifying the IPIA that the home the on-site work by the IPIA or its au- is ready for inspection; thorized designee prior to occupancy to (d) Paying the IPIA’s costs for per- verify compliance of the work with the forming on-site inspections of work DAPIA-approved designs and the Con- completed under this section; struction and Safety Standards; (e) Either before or at the time on- (m) Providing its final on-site inspec- site work commences, providing the tion report and certification of comple- IPIA with a copy of any applicable tion to the IPIA and, after approval, to DAPIA-approved quality assurance the lessor or purchaser and, as applica- manual for on-site completion, the ap- ble, the appropriate retailer, and to the proved instructions for completing the SAA upon request; construction work on-site, and an ap- (n) Maintaining in its records the approved inspection checklist, and main- proval notification from the DAPIA, taining this information on the job site the manufacturer’s final on-site inspec- until all on-site work is completed and tion report and certification of comple- accepted by the IPIA; tion, and the IPIA’s acceptance of the (f) Satisfactorily completing all on- final site inspection report and certifi- site construction and required repairs cation, and making all such records

203

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00213 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3282.609 24 CFR Ch. XX (4–1–19 Edition)

available for review by HUD in the fac- may prohibit any manufacturer or PIA tory of origin; found to be in violation of the require- (o) Reporting to HUD or its agent the ments of this section from carrying out serial numbers assigned to each home their functions of this Subpart in the completed in conformance with this future, after providing an opportunity section and as required by § 3282.552; for an informal presentation of views and in accordance with § 3282.152(f). Re- (p) Providing cumulative quarterly peated infractions of the requirements production reports to HUD or its agent of this section may be grounds for the that include the site completion nu- suspension or disqualification of a PIA meric identification number(s) for each under §§ 3282.355 and 3282.356. home (see § 3282.603(d)(1)); the serial number(s) for each home; the HUD § 3282.611 Compliance with this sub- label number(s) assigned to each home; part. the retailer’s name and address for If the manufacturer and IPIA, as ap- each home; the name, address, and plicable, complies with the require- phone number for each home pur- ments of this section and the home chaser; the dates of the final site com- complies with the construction and pletion inspection for each home; and safety standards for those aspects of whether each home was inspected prior construction covered by the DAPIA ap- to occupancy. proval, then HUD will consider a manu- (q) Maintaining copies of all records facturer or retailer that has permitted for on-site completion for each home, a manufactured home approved for on- as required by this section, in the unit site completion under this section to file to be maintained by the manufac- be sold, leased, offered for sale or lease, turer. introduced, delivered, or imported to be in compliance with the certification § 3282.609 Revocation or amendment requirements of the Act and the appli- of DAPIA approval. cable implementing regulations in this (a) The DAPIA that issued an ap- part 3282 for those aspects of construc- proval or the Secretary may revoke or tion covered by the approval. amend, prospectively, an approval notification issued under § 3282.603. The ap- PART 3284—MANUFACTURED proval may be revoked or amended HOUSING PROGRAM FEE whenever the DAPIA or HUD determines that: Sec. (1) The manufacturer is not com- 3284.1 Applicability. plying with the terms of the approval 3284.5 Amount of fee. or the requirements of this section; 3284.10 Payments to States. (2) The approval was not issued in conformance with the requirements of AUTHORITY: 42 U.S.C. 3535(d), 5419 and 5424. § 3282.603; SOURCE: 67 FR 52835, Aug. 13, 2002, unless (3) A home produced under the ap- otherwise noted. proval fails to comply with the Federal construction and safety standards or § 3284.1 Applicability. contains an imminent safety hazard; or This part applies to manufacturers (4) The manufacturer fails to make that are subject to the requirements of arrangements for one or more manu- the National Manufactured Housing factured homes to be inspected by the Construction and Safety Standards Act IPIA prior to occupancy. of 1974 (the Act), and to States having (b) The DAPIA must immediately no- State plans approved in accordance tify the manufacturer, the IPIA, and with the Act. The amounts established HUD of any revocation or amendment under this part for any fee collected of DAPIA approval. from manufacturers will be used, to the extent approved in advance in an an- § 3282.610 Failure to comply with the nual appropriations Act, to offset the procedures of this subpart. expenses incurred by HUD in connec- In addition to other sanctions avail- tion with the manufactured housing able under the Act and this part, HUD program authorized by the Act.

204

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00214 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD Pt. 3285

§ 3284.5 Amount of fee. 3285.306 Design procedures for concrete block piers. Each manufacturer, as defined in 3285.307 Perimeter support piers. § 3282.7 of this chapter, must pay a fee 3285.308 Manufactured piers. of $100 per transportable section of 3285.309 [Reserved] each manufactured housing unit that it 3285.310 Pier location and spacing. manufactures under the requirements 3285.311 Required perimeter supports. of part 3280 of this chapter. 3285.312 Footings. 3285.313 Combination systems. [79 FR 47377, Aug. 13, 2014] 3285.314 [Reserved] 3285.315 Special snow load conditions. § 3284.10 Payments to States. Subpart E—Anchorage Against Wind Each calendar year HUD will pay each State that, on December 27, 2000, 3285.401 Anchoring instructions. had a State plan approved pursuant to 3285.402 Ground anchor installations. subpart G of part 3282 of this chapter a 3285.403 Sidewall, over-the-roof, mate-line, total amount that is not less than the and shear wall straps. 3285.404 Severe climatic conditions. amount paid to that State for the 12 3285.405 Severe wind zones. months ending at the close of business 3285.406 Flood hazard areas. on December 26, 2000. Subpart F—Optional Features PART 3285—MODEL MANUFAC- 3285.501 Home installation manual supple- TURED HOME INSTALLATION ments. STANDARDS 3285.502 Expanding rooms. 3285.503 Optional appliances. 3285.504 Skirting. Subpart A—General 3285.505 Crawlspace ventilation. Sec. 3285.1 Administration. Subpart G—Ductwork and Plumbing and 3285.2 Manufacturer installation instruc- Fuel Supply Systems tions. 3285.601 Field assembly. 3285.3 Alterations during initial installa- 3285.602 Utility connections. tion. 3285.603 Water supply. 3285.4 Incorporation by reference (IBR). 3285.604 Drainage system. 3285.5 Definitions. 3285.605 Fuel supply system. 3285.6 Final leveling of manufactured home. 3285.606 Ductwork connections.

Subpart B—Pre-Installation Considerations Subpart H—Electrical Systems and 3285.101 Fire separation. Equipment 3285.102 Installation of manufactured homes 3285.701 Electrical crossovers. in flood hazard areas. 3285.702 Miscellaneous lights and fixtures. 3285.103 Site suitability with design zone 3285.703 Smoke alarms. maps. 3285.704 Telephone and cable TV. 3285.104 Moving manufactured home to location. Subpart I—Exterior and Interior Close-Up 3285.105 Permits, other alterations, and on- site structures. 3285.801 Exterior close-up. 3285.802 Structural interconnection of Subpart C—Site Preparation multi-section homes. 3285.803 Interior close-up. 3285.201 Soil conditions. 3285.804 Bottom board repair. 3285.202 Soil classifications and bearing capacity. Subpart J—Optional Information for 3285.203 Site drainage. Manufacturer’s Installation Instructions 3285.204 Ground moisture control. 3285.901 General. Subpart D—Foundations 3285.902 Moving manufactured home to location. 3285.301 General. 3285.903 Permits, alterations, and on-site 3285.302 Flood hazard areas. structures. 3285.303 Piers. 3285.904 Utility systems connection. 3285.304 Pier configuration. 3285.905 Heating oil systems. 3285.305 Clearance under homes. 3285.906 Telephone and cable TV.

205

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.1 24 CFR Ch. XX (4–1–19 Edition)

3285.907 Manufacturer additions to installa- homes in lieu of the federal program tion instructions. must implement installation standards AUTHORITY: 42 U.S.C. 3535(d), 5403, 5404, and that provide protection to its residents 5424. that equals or exceeds the protection SOURCE: 72 FR 59362, Oct. 19, 2007, unless provided by these Model Installation otherwise noted. Standards. (2) In states that do not choose to op- Subpart A—General erate their own installation program for manufactured homes, these Model § 3285.1 Administration. Installation Standards serve as the (a) Scope. These Model Installation minimum standards for manufactured Standards provide minimum require- home installations. ments for the initial installation of (b) Applicability. The standards set new manufactured homes, in accord- forth herein have been established to ance with section 605 of the Act (42 accomplish certain basic objectives and U.S.C. 5404). The Model Installation are not to be construed as relieving Standards are one component of the manufacturers, retailers, installers, or Manufactured Home Installation Pro- other parties of responsibility for com- gram in Part 3286 of this chapter, upon pliance with other applicable ordi- effect, and serve as the basis for devel- nances, codes, regulations, and laws. oping the manufacturers’ installation The manufactured homes covered by instructions required by § 3285.2 of this this standard must comply with re- subpart. The manufacturer’s installa- quirements of the U.S. Department of tion instructions, including specific Housing and Urban Development’s methods for performing a specific oper- (HUD) MHCSS Program, as set forth in ation or assembly, will be deemed to 24 CFR part 3280, Manufactured Home comply with these Model Installation Construction and Safety Standards, Standards, provided they meet or ex- and 24 CFR part 3282, Manufactured ceed the minimum requirements of Home Procedural and Enforcement these Model Installation Standards and Regulations, as well as with, upon ef- do not take the home out of compli- fect, the Manufactured Home Installa- ance with the Manufactured Home Con- tion Program, 24 CFR part 3286, and the struction and Safety Standards (24 Dispute Resolution Program, 24 CFR CFR part 3280). Work necessary to join part 3288. The requirements of this part all sections of a multi-section home do not apply to homes installed on site- specifically identified in Subparts G, H, and I of this part, or work associated built permanent foundations when the with connecting exterior lights, chain- manufacturer certifies the home in ac- hung light fixtures, or ceiling-sus- cordance with § 3282.12 of this chapter. pended fans, as specifically identified (c) Consultation with the Manufactured in Subpart I, is not considered assem- Housing Consensus Committee. The Sec- bly or construction of the home, al- retary will seek input from the Manu- though the design of those elements of factured Housing Consensus Committee a manufactured home must comply (MHCC) when revising the installation with the Manufactured Home Construc- standards in this part 3285. Before pub- tion and Safety Standards (MHCSS). lication of a proposed rule to revise the However, work associated with the installation standards, the Secretary completion of hinged roofs and eaves in will provide the MHCC with a 120-day § 3285.801 and other work done on-site opportunity to comment on such revi- and not specifically identified in this sion. The MHCC may send to the Sec- part as close-up is considered construc- retary any of the MHCC’s own rection and assembly and is subject to the ommendations to adopt new installa- requirements of the Manufactured tion standards or to modify or repeal Home Construction and Safety Stand- any of the installation standards in ards (24 CFR part 3280) and the Manu- this part. Along with each rec- factured Home Procedural and Enforce- ommendation, the MHCC must set ment Regulations (24 CFR part 3282). forth pertinent data and arguments in (1) States that choose to operate an support of the action sought. The Sec- installation program for manufactured retary will either:

206

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00216 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.2

(1) Accept or modify the rec- rials are required by the installation ommendation and publish it for public instructions; or comment in accordance with section (4) Foundation support and anchoring 553 of the Administrative Procedure systems are designed for use in areas Act (5 U.S.C. 553), along with an expla- subject to freezing or for use in areas nation of the reasons for any such subject to flood damage or high seismic modification; or risk; or (2) Reject the recommendation en- (5) Foundations support and anchor- tirely, and provide to the MHCC a writing systems are designed to be used in ten explanation of the reasons for the special snow load conditions or in se- rejection. vere wind design areas; or (6) Site conditions do not allow the § 3285.2 Manufacturer installation in- use of the manufacturer’s installation structions. instructions; or (a) Instructions required. A manufac- (7) There are any other cir- turer must provide with each new man- cumstances in which the manufactur- ufactured home, installation designs er’s installation instructions would not and instructions that have been ap- permit the home to be installed in con- proved by the Secretary or DAPIA. The formance with the Installation Stand- approved installation instructions ards or the MHCSS. must include all topics covered in the (c) Variations to installation instruc- Model Installation Standards for the tions. (1) Before an installer provides installation of manufactured homes. support or anchorage that are different These installation instructions and any than those methods specified in the variations thereto that are prepared to manufacturer’s installation instruc- comply with paragraph (c) of this sections, or when the installer encounters tion must provide protection to resi- site or other conditions (such as areas dents of the manufactured homes that that are subject to flood damage or equals or exceeds the protection pro- high seismic risk) that prevent the use vided by these Model Installation of the instructions, the installer must: Standards and must not take the man- (i) First attempt to obtain DAPIA- ufactured home out of compliance with approved designs and instructions pre- the MHCSS. These instructions must pared by the manufacturer; or insure that each home will be sup- (ii) If designs and instructions are ported and anchored in a manner that not available from the manufacturer, is capable of meeting or exceeding the obtain an alternate design prepared design loads required by the MHCSS. and certified by a registered profes- (b) Professional engineer or registered sional engineer or registered architect architect certification. A professional en- for the support and anchorage of the gineer or registered architect must pre- manufactured home that is consistent pare and certify that the manufactur- with the manufactured home design, er’s installation instructions meet or conforms to the requirements of the exceed the Model Installation Stand- MHCSS, and has been approved by the ards for foundation support and an- manufacturer and the DAPIA. choring whenever: (2) The manufacturer’s installation (1) The manufacturer’s installation instructions must include an expla- instructions do not conform in their nation of the requirement in paragraph entirety to the minimum requirements (c)(1) of this section. or tables or their conditions for foun- (d) Installer certification. In making dation support and anchoring of this the certification of the installation re- Standard; or quired under part 3286 of this chapter, (2) An alternative foundation system upon effect, an installer must certify or anchoring system is employed, in- that it completed the installation in cluding designs for basements and pe- compliance with either the manufac- rimeter support foundation systems, turer’s instructions or with an alter- whether or not it is included in the in- nate installation design and instruc- stallation instructions; or tions that have been prepared by the (3) Materials such as metal piers or manufacturer or prepared in compli- alternatives to concrete footing mate- ance with paragraph (c) of this section.

207

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00217 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.3 24 CFR Ch. XX (4–1–19 Edition)

(e) Temporary storage. The installa- or go to: http://www.archives.gov/federal- tion instructions must provide at least register/cfr/ibr-locations.html. one method for temporarily supporting (b) The materials listed below are each transportable section of a manu- available for purchase from the Air factured home, to prevent structural Conditioning Contractors of America and other damage to the structure, (ACCA), 2800 Shirlington Road, Suite when those section(s) are temporarily 300, Arlington, Virginia 22206. sited at the manufacturer’s facility, re- (1) ACCA Manual J, Residential Load tailer’s lot, or the home site. Calculation, 8th Edition, IBR approved for § 3285.503(a)(1)(i)(A). § 3285.3 Alterations during initial in- (2) [Reserved] stallation. (c) The materials listed below are Additions, modifications, or replace- available for purchase from APA—The ment or removal of any equipment that Engineered Wood Association, 7011 affects the installation of the home South 19th Street, Tacoma, Wash- made by the manufacturer, retailer, or ington 98411, telephone number (253) installer prior to completion of the in- 565–6600, fax number (253) 565–7265. stallation by an installer must equal or (1) PS1–95, Construction and Indus- exceed the protections and require- trial Plywood (with typical APA trade- ments of these Model Installation marks), 1995 edition, IBR approved for Standards, the MHCSS (24 CFR part § 3285.312(a)(2)(i). (2) [Reserved] 3280) and the Manufactured Home Pro- (d) The materials listed below are cedural and Enforcement Regulations available for purchase from American (24 CFR part 3282). An alteration, as de- Society of Heating, Refrigerating and fined in § 3282.7 of this chapter, must Air Conditioning Engineers (ASHRAE), not affect the ability of the basic man- 1791 Tullie Circle, NE., Atlanta, Geor- ufactured home to comply with the gia 30329–2305. MHCSS, and the alteration must not (1) ASHRAE Handbook of Fundamen- impose additional loads to the manu- tals, 1997 Inch-Pound Edition, IBR ap- factured home or its foundation, unless proved for § 3285.503(a)(1)(i)(A). the alteration is included in the manu- (2) [Reserved] facturer’s DAPIA-approved designs and (e) The materials listed below are installation instructions, or is designed available for purchase from American by a registered professional engineer or Society for Testing and Materials architect consistent with the manufac- (ASTM), 100 Barr Harbor Drive, West turer’s design and that conforms to the Conshohocken, Pennsylvania 19428– requirements of the MHCSS. 2959. (1) ASTM C 90–02a, Standard Speci- § 3285.4 Incorporation by reference (IBR). fication for Loadbearing Concrete Ma- sonry Units, 2002, IBR approved for (a) The materials listed in this sec- § 3285.312(a)(1)(i). tion are incorporated by reference in (2) ASTM D 1586–99, Standard Test the corresponding sections noted. Method for Penetration Test and Split- These incorporations by reference were Barrel Sampling of Soils, 1999, IBR ap- approved by the Director of the Federal proved for the table at § 3285.202(c). Register, in accordance with 5 U.S.C. (3) ASTM D 2487–00, Standard Prac- 552(a) and 1 CFR part 51. The materials tice for Classification of Soils for Engi- are available for purchase at the cor- neering Purposes (Unified Soil Classi- responding addresses noted below, and fication System), 2000, IBR approved all are available for inspection at the for the table at § 3285.202(c). Office of Manufactured Housing Pro- (4) ASTM D 2488–00, Standard Prac- grams, U.S. Department of Housing tice for Description and Identification and Urban Development, 451 Seventh of Soils (Visual-Manual Procedure), Street, SW., Room 9164, Washington, 2000, IBR approved for the table at DC 20410; or the National Archives and § 3285.202(c). Records Administration (NARA). For (5) ASTM D 3953–97, Standard Speci- information on the availability of this fication for Strapping, Flat Steel and material at NARA, call (202) 741–6030, Seals, 1997, IBR approved for

208

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00218 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.5

§ 3285.402(b)(2) and Note 10 to Table 1 to tors, 1994, with 1998 revisions, IBR ap- § 3285.402. proved for § 3285.606(a). (f) The materials listed below are (2) UL 181B, Closure Systems for Use available for purchase from American With Flexible Air Ducts and Air Con- Wood-Preservers’ Association (AWPA), nectors, 1995, with 1998 revisions, IBR P.O. Box 388, Selma, Alabama 36702. approved for § 3285.606(a). (1) AWPA M4–02, Standard for the Care of Preservative-Treated Wood § 3285.5 Definitions. Products, 2002, IBR approved for The definitions contained in this sec- § 3285.312(a)(2)(iii). tion apply to the terms used in these (2) AWPA U1–04, Use Category Sys- Model Installation Standards. Where tem; User Specification for Treated terms are not included, common usage Wood, 2004, IBR approved for of the terms applies. The definitions §§ 3285.303(b)(1), 3285.312(a)(2)(ii), and are as follows: 3285.504(c). Act. The National Manufactured (g) The materials listed below are Housing Construction and Safety available for purchase from the Federal Standards Act of 1974, 42 U.S.C. 5401– Emergency Management Administra- 5426. tion (FEMA), 500 C Street, SW., Wash- Anchor assembly. Any device or other ington, DC 20472. means designed to transfer home an- (1) FEMA 85/September 1985, Manu- choring loads to the ground. factured Home Installation in Flood Anchoring equipment. Ties, straps, ca- Hazard Areas, 1985, IBR approved for bles, turnbuckles, chains, and other ap- § 3285.102(d)(3). proved components, including ten- (2) [Reserved] sioning devices that are used to secure (h) The materials listed below are a manufactured home to anchor assem- available for purchase from the Na- blies. tional Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Anchoring system. A combination of Massachusetts 02169–7471. anchoring equipment and anchor as- (1) NFPA 31, Standard for the Instal- semblies that will, when properly de- lation of Oil Burning Equipment, 2001 signed and installed, resist the uplift, edition, IBR approved for §§ 3285.905(a) overturning, and lateral forces on the and 3285.905(d)(3). manufactured home and on its support (2) NFPA 70, National Electrical and foundation system. Code, 2005 edition, IBR approved for Approved. When used in connection §§ 3285.702(e)(1) and 3285.906. with any material, appliance or con- (3) NFPA 501A, Standard for Fire struction, means complying with the Safety Criteria for Manufactured Home requirements of the Department of Installations, Sites, and Communities, Housing and Urban Development. 2003 edition, IBR approved for § 3285.101. Arid region. An area subject to 15 (i) The materials listed below are inches or less of annual rainfall. available for purchase from the Struc- Base flood. The flood having a one tural Engineering Institute/American percent chance of being equaled or ex- Society of Civil Engineers (SEI/ASCE), ceeded in any given year. 1801 Alexander Bell Drive, Reston, Vir- Base flood elevation (BFE). The ele- ginia 20191. vation of the base flood, including wave (1) SEI/ASCE 32–01, Design and Con- height, relative to the datum specified struction of Frost-Protected Shallow on a LAHJ’s flood hazard map. Foundations, 2001, IBR approved for Comfort cooling certificate. A certifi- §§ 3285.312(b)(2)(ii) and 3285.312(b)(3)(ii). cate permanently affixed to an interior (2) [Reserved] surface of the home specifying the fac- (j) The materials listed below are tory design and preparations for air available for purchase from Under- conditioning the manufactured home. writers Laboratories (UL), 333 Crossovers. Utility interconnections Pfingsten Road, Northbrook, Illinois in multi-section homes that are lo- 60062. cated where the sections are joined. (1) UL 181A, Closure Systems for Use Crossover connections include heating With Rigid Air Ducts and Air Connec- and cooling ducts, electrical circuits,

209

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00219 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.5 24 CFR Ch. XX (4–1–19 Edition)

water pipes, drain plumbing, and gas agency, or other organization con- lines. cerned with product evaluation that Design Approval Primary Inspection maintains periodic inspection of pro- Agency (DAPIA). A state or private or- duction of labeled equipment or mate- ganization that has been accepted by rials, and by whose labeling is indi- the Secretary in accordance with the cated compliance with nationally rec- requirements of Part 3282, Subpart H of ognized standards or tests to determine this chapter, which evaluates and ap- suitable usage in a specified manner. proves or disapproves manufactured Listed or certified. Included in a list home designs and quality control pro- published by a nationally recognized cedures. testing laboratory, inspection agency, Diagonal tie. A tie intended to resist or other organization concerned with horizontal or shear forces, but which product evaluation that maintains may resist vertical, uplift, and over- periodic inspection of production of turning forces. listed equipment or materials, and Flood hazard area. The greater of ei- whose listing states either that the ther: The special flood hazard area equipment or material meets nation- shown on the flood insurance rate map; ally recognized standards or has been or the area subject to flooding during tested and found suitable for use in a the design flood and shown on a specified manner. LAHJ’s flood hazard map, or otherwise Local authority having jurisdiction legally designated. (LAHJ). The state, city, county, city Flood hazard map. A map delineating and county, municipality, utility, or the flood hazard area and adopted by a organization that has local responsibil- LAHJ. ities and requirements that must be Footing. That portion of the support complied with during the installation system that transmits loads directly to of a manufactured home. the soil. Lowest floor. The floor of the lowest Foundation system. A system of sup- enclosed area of a manufactured home. port that is capable of transferring all An unfinished or flood-resistant enclo- design loads to the ground, including sure, used solely for vehicle parking, elements of the support system, as de- home access, or limited storage, must fined in this section, or a site-built per- not be considered the lowest floor, pro- manent foundation that meets the re- vided the enclosed area is not con- quirements of 24 CFR 3282.12. structed so as to render the home in Ground anchor. A specific anchoring violation of the flood-related provi- assembly device designed to transfer sions of this standard. home anchoring loads to the ground. Manufactured home. A structure, Installation instructions. DAPIA-ap- transportable in one or more sections, proved instructions provided by the which in the traveling mode is 8 body home manufacturer that accompany feet or more in width or 40 body feet or each new manufactured home and de- more in length, or which when erected tail the home manufacturer require- on site is 320 or more square feet, and ments for support and anchoring sys- which is built on a permanent chassis tems, and other work completed at the and designed to be used as a dwelling installation site to comply with these with or without a permanent founda- Model Installation Standards and the tion when connected to the required Manufactured Home Construction and utilities, and includes the plumbing, Safety Standards in 24 CFR part 3280. heating, air-conditioning, and elec- Installation standards. Reasonable trical systems contained in the struc- specifications for the installation of a ture. This term includes all structures new manufactured home, at the place that meet the above requirements, ex- of occupancy, to ensure proper siting; cept the size requirements and with re- the joining of all sections of the home; spect to which the manufacturer volun- and the installation of stabilization, tarily files a certification, pursuant to support, or anchoring systems. § 3282.13 of this chapter, and complies Labeled. A label, symbol, or other with the MHCSS set forth in part 3280 identifying mark of a nationally recog- of this chapter. The term does not in- nized testing laboratory, inspection clude any self-propelled recreational

210

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00220 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.5

vehicle. Calculations used to determine pressure-treated wood; manufactured the number of square feet in a struc- concrete stands; concrete blocks; and ture will include the total of square portions of foundation walls. feet for each transportable section Ramada. Any freestanding roof or comprising the completed structure shade structure, installed or erected and will be based on the structure’s ex- above a manufactured home or any terior dimensions measured at the portion thereof. largest horizontal projections when Secretary. The Secretary of Housing erected on-site. These dimensions will and Urban Development, or an official include all expandable rooms, cabinets, of HUD delegated the authority of the and other projections containing inte- Secretary with respect to the Act. rior space, but do not include bay win- Site. An area of land upon which a dows. Nothing in this definition should manufactured home is installed. be interpreted to mean that a manufac- Skirting. A weather-resistant mate- tured home necessarily meets the re- rial used to enclose the perimeter, quirements of HUD’s Minimum Prop- under the living area of the home, from erty Standards (HUD Handbook 4900.1) the bottom of the manufactured home or that it is automatically eligible for to grade. financing under 12 U.S.C. 1709(b) cer- Stabilizing devices. All components of tification. the anchoring and support systems, Manufactured Home Construction and such as piers, footings, ties, anchoring Safety Standards or MHCSS. The Manu- equipment, anchoring assemblies, or factured Home Construction and Safe- any other equipment, materials, and ty Standards established in part 3280 of methods of construction, that support this chapter, pursuant to section 604 of and secure the manufactured home to the Act, 42 U.S.C. 5403. the ground. Manufactured home gas supply con- State. Each of the several states, the nector. A listed connector designed for District of Columbia, the Common- connecting the manufactured home to wealth of Puerto Rico, Guam, the Vir- the gas supply source. gin Islands, and American Samoa. Manufactured home site. A designated Support system. Pilings, columns, parcel of land designed for the installa- footings, piers, foundation walls, tion of one manufactured home for the shims, and any combination thereof exclusive use of the occupants of the that, when properly installed, support home. the manufactured home. Manufactured Housing Consensus Com- Tie. Straps, cable, or securing devices mittee or MHCC. The consensus com- used to connect the manufactured mittee established pursuant to section home to anchoring assemblies. 604(a)(3) of the Act, 42 U.S.C. 5403(a)(3). Ultimate load. The absolute maximum Model Installation Standards. The in- magnitude of load that a component or stallation standards established in part system can sustain, limited only by 3285 of this chapter, pursuant to sec- failure. tion 605 of the Act, 42 U.S.C. 5404. Utility connection. The connection of Peak cap construction means any roof the manufactured home to utilities peak construction that is either that include, but are not limited to, shipped loose or site constructed and is electricity, water, sewer, gas, or fuel site installed to complete the roof oil. ridge/peak of a home. Vertical tie. A tie intended to resist Peak flip construction means any roof uplifting and overturning forces. peak construction that requires the Wind zone. The areas designated on joining of two or more cut top chord the Basic Wind Zone Map, as further members on site. The cut top chords defined in § 3280.305(c) of the Manufac- must be joined at the factory by straps, tured Home Construction and Safety hinges, or other means. Standards in this chapter, which delin- Pier. That portion of the support sys- eate the wind design load require- tem between the footing and the manu- ments. factured home, exclusive of shims. Working load. The maximum rec- Types of piers include, but are not lim- ommended load that may be exerted on ited to: Manufactured steel stands; a component or system determined by

211

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00221 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.6 24 CFR Ch. XX (4–1–19 Edition)

dividing the ultimate load of a compo- with NFIP regulations. If so located, nent or system by an appropriate fac- and before an installation method is tor of safety. agreed upon, the map and supporting [72 FR 59362, Oct. 19, 2007, as amended at 79 studies adopted by the LAHJ must be FR 53614, Sept. 10, 2014; 80 FR 53731, Sept. 8, used to determine the flood hazard 2015] zone and base flood elevation at the site. § 3285.6 Final leveling of manufac- (d) General elevation and foundation tured home. requirements—(1) Methods and practices. The manufactured home must be ade- Manufactured homes located wholly or quately leveled prior to completion of partly within special flood hazard areas the installation, so that the home’s must be installed on foundations engi- performance will not be adversely af- neered to incorporate methods and fected. The home will be considered adequately leveled if there is no more practices that minimize flood damage during the base flood, in accordance than 1⁄4 inch difference between adjacent pier supports (frame or perimeter) with the requirements of the LAHJ, 44 and the exterior doors and windows of CFR 60.3(a) through (e), and other pro- the home do not bind and can be prop- visions of 44 CFR referenced by those erly operated. paragraphs. (2) Outside appliances. (i) Appliances Subpart B—Pre-Installation installed on the manufactured home Considerations site in flood hazard areas must be anchored and elevated to or above the § 3285.101 Fire separation. same elevation as the lowest elevation Fire separation distances must be in of the lowest floor of the home. accordance with the requirements of (ii) Appliance air inlets and exhausts Chapter 6 of NFPA 501A, 2003 edition in flood hazard areas must be located (incorporated by reference, see § 3285.4) at or above the same elevation as the or the requirements of the LAHJ. The lowest elevation of the lowest floor of installation instructions must clearly the home. indicate this requirement in a separate (3) Related guidance. Refer to FEMA section and must caution installers to 85/September 1985, Manufactured Home take into account any local require- Installation in Flood Hazard Areas, ments on fire separation. 1985 (incorporated by reference, see § 3285.102 Installation of manufac- § 3285.4). tured homes in flood hazard areas. § 3285.103 Site suitability with design (a) Definitions. Except to the extent zone maps. otherwise defined in Subpart A, the terms used in this subpart are as de- Prior to the initial installation of a fined in 44 CFR 59.1 of the National new manufactured home and as part of Flood Insurance Program (NFIP) regu- making the certification of the installations. lation required under part 3286, upon (b) Applicability. The provisions of effect, the installer is to verify that this section apply to the initial instal- the design and construction of the lation of new manufactured homes lo- manufactured home, as indicated on cated wholly or partly within a flood the design zone maps provided with the hazard area. home, are suitable for the site location (c) Pre-installation considerations. where the home is to be installed. The Prior to the initial installation of a design zone maps are those identified new manufactured home, the installer in part 3280 of this chapter. is responsible for determining whether (a) Wind zone. Manufactured homes the manufactured home site lies wholly must not be installed in a wind zone or partly within a special flood hazard area as shown on the LAHJ’s Flood In- that exceeds the design wind loads for surance Rate Map, Flood Boundary and which the home has been designed, as Floodway Map, or Flood Hazard Bound- evidenced by the wind zone indicated ary Map, or if no LAHJ, in accordance on the home’s data plate and as further

212

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00222 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.202

defined by counties or local govern- firm, undisturbed soil or fill compacted ments within affected states, as appli- to at least 90 percent of its maximum cable, in § 3280.305(c)(2) of the Manufac- relative density. All organic material tured Home Construction and Safety such as grass, roots, twigs, and wood Standards in this chapter. scraps must be removed in areas where (b) Roof load zone. Manufactured footings are to be placed. After re- homes must not be located in a roof moval of organic material, the home load zone that exceeds the design roof site must be graded or otherwise pre- load for which the home has been de- pared to ensure adequate drainage, in signed, as evidenced by the roof load accordance with § 3285.203. zone indicated on the home’s data plate and as further defined by counties or § 3285.202 Soil classifications and local governments within affected bearing capacity. states, as applicable, in § 3280.305(c)(3) The soil classification and bearing of the Manufactured Home Construc- capacity of the soil must be determined tion and Safety Standards in this chap- before the foundation is constructed ter. Refer to § 3285.315 for Special Snow and anchored. The soil classification Load Conditions. and bearing capacity must be deter- (c) Thermal zone. Manufactured mined by one or more of the following homes must not be installed in a ther- methods, unless the soil bearing capac- mal zone that exceeds the thermal zone ity is established as permitted in para- for which the home has been designed, graph (f) of this section: as evidenced by the thermal zone indicated on the heating/cooling certificate (a) Soil tests. Soil tests that are in ac- and insulation zone map and as further cordance with generally accepted engi- defined by counties or local govern- neering practice; or ments within affected states, as appli- (b) Soil records. Soil records of the ap- cable, in § 3280.504(b)(5) of the Manufac- plicable LAHJ; or tured Home Construction and Safety (c) Soil classifications and bearing ca- Standards in this chapter. The manu- pacities. If the soil class or bearing ca- facturer may provide the heating/cool- pacity cannot be determined by test or ing information and insulation zone soil records, but its type can be identi- map on the home’s data plate. fied, the soil classification, allowable pressures, and torque values shown in § 3285.104 Moving manufactured home Table to § 3285.202 may be used. to location. (d) A pocket penetrometer; or Refer to § 3285.902 for considerations (e) In lieu of determining the soil related to moving the manufactured bearing capacity by use of the methods home to the site of installation. shown in the table, an allowable pressure of 1,500 psf may be used, unless the § 3285.105 Permits, other alterations, site-specific information requires the and on-site structures. use of lower values based on soil classi- Refer to § 3285.903 for considerations fication and type. related to permitting, other alter- (f) If the soil appears to be composed ations, and on-site structures. of peat, organic clays, or uncompacted fill, or appears to have unusual condi- Subpart C—Site Preparation tions, a registered professional geolo- gist, registered professional engineer, § 3285.201 Soil conditions. or registered architect must determine To help prevent settling or sagging, the soil classification and maximum the foundation must be constructed on allowable soil bearing capacity.

TABLE TO § 3285.202

Soil classification Blow 3 ASTM D 2487–00 Allowable soil count Torque probe Classi- Soil description bearing value 4 or D 2488–00 1 ASTM D fication (incorporated by pressure (psf) 1586–99 (inch-pounds)- number reference, see § 3285.4)

1 ...... Rock or hard pan ...... 4000 + ......

213

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00223 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.203 24 CFR Ch. XX (4–1–19 Edition)

TABLE TO § 3285.202—Continued

2 ...... GW, GP, SW, SP, GM, SM Sandy gravel and gravel; very than 2000 ...... 40 + More than 550. dense and/orcemented sands;coursegravel/cobbles;preloaded silts,clays and coral. 3 ...... GC, SC, ML, CL...... Sand; silty sand; clayey sand; 1500 ...... 24–39 351–550. siltygravel; medium dense course sands; sandygravel; and very stiff silt, sand clays. 4A ...... CG, MH 2 ...... Loose to medium dense sands; firm to 1000 ...... 18–23 276–350. stiff clays and silts; alluvial fills. 4B ...... CH, MH 2 ...... Loose sands; firm clays; alluvial fills ...... 1000 ...... 12–17 175–275. 5 ...... OL, OH, PT ...... Uncompacted fill; peat; organic clays ..... Refer to 0–11 Less than 175. 3285.202(e). Notes: 1 The values provided in this table have not been adjusted for overburden pressure, embedment depth, water table height, or settlement problems. 2 For soils classified as CH or MH, without either torque probe values or blow count test results, selected anchors must be rated for a 4B soil. 3 The torque test probe is a device for measuring the torque value of soils to assist in evaluating the holding capacity of the soil in which the ground anchor is placed. The shaft must be of suitable length for the full depth of the ground anchor. 4 The torque value is a measure of the load resistance provided by the soil when subject to the turning or twisting force of the probe.

§ 3285.203 Site Drainage. provided with drains or swales or oth- (a) Purpose. Drainage must be pro- erwise graded to drain water away vided to direct surface water away from the structure, as shown in Figure from the home to protect against ero- to § 3285.203. sion of foundation supports and to pre- (d) Sloped site considerations. The vent water build-up under the home, as home, where sited, must be protected shown in Figure to § 3285.203. from surface runoff from the sur- (b) The home site must be graded as rounding area. shown in Figure to § 3285.203, or other (e) Refer to § 3285.902 regarding the methods, such as a drain tile and auto- use of drainage structures to drain sur- matic sump pump system, must be pro- face runoff. vided to remove any water that may (f) Gutters and downspouts. Manufac- collect under the home. turers must specify in their installa- (c) All drainage must be diverted tion instructions whether the home is away from the home and must slope a suitable for the installation of gutters minimum of one-half inch per foot and downspouts. If suitable, the instal- away from the foundation for the first lation instructions must indicate that ten feet. Where property lines, walls, when gutters and downspouts are in- slopes, or other physical conditions stalled, the runoff must be directed prohibit this slope, the site must be away from the home.

214

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00224 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.203

215

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00225 Fmt 8010 Sfmt 8006 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.006 § 3285.204 24 CFR Ch. XX (4–1–19 Edition)

§ 3285.204 Ground moisture control. not take the home out of compliance with the MHCSS. (See 3285.2) (a) Vapor retarder. If the space under the home is to be enclosed with skirt- (d) Alternative foundation systems or ing or other materials, a vapor retarder designs are permitted in accordance must be installed to cover the ground with either of the following: under the home, unless the home is in- (1) Systems or designs must be manu- stalled in an arid region with dry soil factured and installed in accordance conditions. with their listings by a nationally rec- (b) Vapor retarder material. A min- ognized testing agency, based on a na- imum of six mil polyethylene sheeting tionally recognized testing protocol; or or its equivalent must be used. (2) System designs must be prepared (c) Proper installation. (1) The entire by a professional engineer or a reg- area under the home must be covered istered architect or tested and certified with the vapor retarder, as noted in by a professional engineer or registered § 3285.204(a), except for areas under architect in accordance with accept- open porches, decks, and recessed enable engineering practice and must be tries. Joints in the vapor retarder must manufactured and installed so as not be overlapped at least 12 inches. to take the home out of compliance (2) The vapor retarder may be placed with the Manufactured Home Construc- directly beneath footings, or otherwise tion and Safety Standards (part 3280 of installed around or over footings this chapter). placed at grade, and around anchors or other obstructions. § 3285.302 Flood hazard areas. (3) Any voids or tears in the vapor re- In flood hazard areas, foundations, tarder must be repaired. At least one anchorings, and support systems must repair method must be provided in the be capable of resisting loads associated manufacturer’s installation instruc- with design flood and wind events or tions. combined wind and flood events, and homes must be installed on foundation Subpart D—Foundations supports that are designed and anchored to prevent floatation, collapse, § 3285.301 General. or lateral movement of the structure. Manufacturer’s installation instruc- (a) Foundations for manufactured tions must indicate whether: home installations must be designed and constructed in accordance with (a) The foundation specifications this subpart and must be based on site have been designed for flood-resistant conditions, home design features, and considerations, and, if so, the condi- the loads the home was designed to tions of applicability for velocities, withstand, as shown on the home’s depths, or wave action; or data plate. (b) The foundation specifications are (b) Foundation systems that are not not designed to address flood loads. pier and footing type configurations § 3285.303 Piers. may be used when verified by engineering data and designed in accordance (a) General. The piers used must be with § 3285.301(d), consistent with the capable of transmitting the vertical design loads of the MHCSS. Pier and live and dead loads to the footings or footing specifications that are different foundation. than those provided in this subpart, (b) Acceptable piers—materials speci- such as block size, metal piers, section fication. (1) Piers are permitted to be width, loads, and spacing, may be used concrete blocks; pressure-treated wood when verified by engineering data that with a water borne preservative, in ac- comply with §§ 3285.301(c) and (d) and cordance with AWPA Standard U1–04 are capable of resisting all design loads (incorporated by reference, see § 3285.4) of the MHCSS. for Use Category 4B ground contact ap- (c) All foundation details, plans, and plications; or adjustable metal or con- test data must be designed and cer- crete piers. tified by a registered professional engi- (2) Manufactured piers must be listed neer or registered architect, and must or labeled for the required vertical load

216

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.303

capacity, and, where required by de- 4. The pier spacing and loads shown in the sign, for the appropriate horizontal above table do not consider flood or seismic load capacity. loads and are not intended for use in flood or (c) Design requirements. (1) Load-bear- seismic hazard areas. In those areas, the foundation support system is to be designed ing capacity. The load bearing capacity by a professional engineer or architect. for each pier must be designed to in- 5. See Table to § 3285.312 for sizing of foot- clude consideration for the dimensions ings. of the home, the design dead and live loads, the spacing of the piers, and the TABLE 2 TO § 3285.303—FRAME PLUS PERIM- way the piers are used to support the ETER BLOCKING/PERIMETER BLOCKING RE- home. QUIRED (2) Center beam/mating wall support Maximum pier Roof live must be required for multi-section spacing load(psf) Location Load (lbs.) homes and designs must be consistent Frame ...... 1,400 with Tables 2 and 3 to § 3285.303 and 4 ft. 0 in...... 20 Perimeter ...... 1,900 Figures A, B, and C to § 3285.310. Mating ...... 3,200 (d) Pier loads. (1) Design support con- Frame ...... 1,400 figurations for the pier loads, pier spac- 4 ft. 0 in...... 30 Perimeter ...... 2,300 ing, and roof live loads must be in ac- Mating ...... 3,800 cordance with Tables 1, 2, and 3 to Frame ...... 1,400 § 3285.303 and the MHCSS. Other pier 4 ft. 0 in...... 40 Perimeter ...... 2,600 designs are permitted in accordance Mating ...... 4,400 with the provisions of this subpart. Frame ...... 1,900 (2) Manufactured piers must be rated 6 ft. 0 in...... 20 Perimeter ...... 2,700 at least to the loads required to safely Mating ...... 4,700 support the dead and live loads, as re- Frame ...... 1,900 quired by § 3285.301, and the installation 6 ft. 0 in...... 30 Perimeter ...... 3,200 instructions for those piers must be Mating ...... 5,600 consistent with Tables 1, 2, and 3 to Frame ...... 1,900 this section. 6 ft. 0 in...... 40 Perimeter ...... 3,700 Mating ...... 6,500 TABLE 1 TO § 3285.303—FRAME BLOCKING ONLY/PERIMETER SUPPORT NOT REQUIRED Frame ...... 2,400 8 ft. 0 in...... 20 Perimeter ...... 3,500 EXCEPT AT OPENINGS Mating ...... 6,100

Pier spacing Roof live Location Load (lbs.) Frame ...... 2,400 load (psf) 8 ft. 0 in...... 30 Perimeter ...... 4,200 Mating ...... 7,300 20 Frame ...... 2,900 4 ft. 0 in...... 30 Frame ...... 3,300 Frame ...... 2,400 40 Frame ...... 3,600 8 ft. 0 in...... 40 Perimeter ...... 4,800 Mating ...... 8,500 20 Frame ...... 4,200 6 ft. 0 in...... 30 Frame ...... 4,700 Frame ...... 2,900 40 Frame ...... 5,200 10 ft. 0 in...... 20 Perimeter ...... 4,300 Mating ...... 7,600 20 Frame ...... 5,500 8 ft. 0 in...... 30 Frame ...... 6,200 Frame ...... 2,900 40 Frame ...... 6,900 10 ft. 0 in...... 30 Perimeter ...... 5,100 Mating ...... 9,100 20 Frame ...... 6,800 10 ft. 0 in...... 30 Frame ...... 7,600 Frame ...... 2,900 40 Frame ...... 8,500 10 ft. 0 in...... 40 Perimeter ...... 6,000 Mating ...... 10,600 NOTES: 1. See Table to § 3285.312 for cast-in- place footing design by using the noted NOTES: 1. See Table to § 3285.312 for cast-in- loads. place footing design by using the noted 2. Table 1 is based on the following design loads. assumptions: maximum 16 ft. nominal sec- 2. Mating wall perimeter piers and footings tion width (15 ft. actual width), 12’’ eave, 10’’ only required under full height mating walls I-beam size, 300 lbs. pier dead load, 10 psf roof supporting roof loads. Refer to Figures A and dead load, 6 psf floor dead load, 35 plf wall B to § 3285.310. dead load, and 10 plf chassis dead load. 3. Table 2 is based on the following design 3. Interpolation for other pier spacing is assumptions: maximum 16 ft. nominal sec- permitted. tion width (15 ft. actual width), 12’’ eave, 10’’

217

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.304 24 CFR Ch. XX (4–1–19 Edition)

I-beam size, 300 lbs. pier dead load, 10 psf roof 6. See Table to § 3285.312 for sizing of foot- dead load, 6 psf floor dead load, 35 plf wall ings. dead load, and 10 plf chassis dead load. 4. Interpolation for other pier spacing is § 3285.304 Pier configuration. permitted. (a) Concrete blocks. Installation in- 5. The pier spacing and loads shown in the above table do not consider flood or seismic structions for concrete block piers loads and are not intended for use in flood or must be developed in accordance with seismic hazard areas. In those areas, the the following provisions and must be foundation support system is to be designed consistent with Figures A and B to by a professional engineer or architect. § 3285.306. 6. See Table to § 3285.312 for sizing of foot- (1) Load-bearing (not decorative) con- ings. crete blocks must have nominal dimensions of at least 8 inches × 8 inches × 16 TABLE 3 TO § 3285.303—RIDGE BEAM SPAN inches; FOOTING CAPACITY (2) The concrete blocks must be stacked with their hollow cells aligned Mating wall opening (ft) Roof live load Pier and foot- (psf) ing load (lbs.) vertically; and 20 1,200 (3) When piers are constructed of 5 ...... 30 1,600 blocks stacked side-by-side, each layer 40 1,900 must be at right angles to the preceding one, as shown in Figure B to 20 2,300 10 ...... 30 3,100 § 3285.306. 40 3,800 (b) Caps. (1) Structural loads must be evenly distributed across capped-hol- 20 3,500 15 ...... 30 4,700 low block piers, as shown in Figures A 40 5,800 and B to § 3285.306. (2) Caps must be solid concrete or 20 4,700 masonry at least 4 inches in nominal 20 ...... 30 6,200 40 7,500 thickness, or hardboard lumber at least 2 inches nominal in thickness; or be 20 5,800 corrosion-protected minimum one-half 25 ...... 30 7,800 40 9,700 inch thick steel; or be of other listed materials. 20 7,000 (3) All caps must be of the same 30 ...... 30 9,300 40 11,600 length and width as the piers on which they rest. 20 8,100 (4) When split caps are used on dou- 35 ...... 30 10,900 ble-stacked blocks, the caps must be 40 13,600 installed with the long dimension NOTES: 1. See Table to § 3285.312 for cast-in- across the joint in the blocks below. place footing design by using the noted (c) Gaps. Any gaps that occur during loads. installation between the bottom of the 2. Table 3 is based on the following design main chassis beam and foundation sup- assumptions: maximum 16 ft. nominal sec- port system must be filled by: tion width (15 ft. actual width), 10″ I-beam (1) Nominal 4 inch × 6 inch × 1 inch size, 300 lbs. pier dead load, 10 psf roof dead shims to level the home and fill any load, 6 psf floor dead load, 35 plf wall dead load, and 10 plf chassis dead load. gaps between the base of the main 3. Loads listed are maximum column loads chassis beam and the top of the pier for each section of the manufactured home. cap; 4. Interpolation for maximum allowable (2) Shims must be used in pairs, as pier and column loads is permitted for mate- shown in Figures A and B to § 3285.306, line openings between those shown in the and must be driven in tightly so that table. they do not occupy more than one inch 5. The pier spacing and loads shown in the of vertical height; and above table do not consider flood or seismic loads and are not intended for use in flood or (3) Hardwood plates no thicker than 2 seismic hazard areas. In those areas, the inches nominal in thickness or 2 inch foundation support system must be designed or 4 inch nominal concrete block must by a professional engineer or registered ar- be used to fill in any remaining chitect. vertical gaps.

218

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.306

(d) Manufactured pier heights. Manu- (4) Horizontal offsets from the top to factured pier heights must be selected the bottom of the pier must not exceed so that the adjustable risers do not ex- one-half inch. tend more than 2 inches when finally (5) Mortar is not required, unless positioned. specified in the installation instructions or required by a registered profes- § 3285.305 Clearance under homes. sional engineer or registered architect. A minimum clearance of 12 inches (b) Frame piers 36 inches to 67 inches must be maintained between the lowest high and corner piers. (1) All frame piers between 36 inches and 67 inches high member of the main frame (I-beam or and all corner piers over three blocks channel beam) and the grade under all high must be constructed out of dou- areas of the home. ble, interlocked concrete blocks, as shown in Figure B to this section, when § 3285.306 Design procedures for concrete block piers. the design capacity of the block is not exceeded. Mortar is not required for (a) Frame piers less than 36 inches high. concrete block piers, unless otherwise (1) Frame piers less than 36 inches high specified in the installation instruc- are permitted to be constructed of sin- tions or required by a professional en- gle, open, or closed-cell concrete gineer or registered architect. blocks, 8 inches ‘‘ 8 inches ‘‘ 16 inches, (2) Horizontal offsets from the top to when the design capacity of the block the bottom of the pier must not exceed is not exceeded. one inch. (2) The frame piers must be installed (c) All piers over 67 inches high. Piers so that the long sides are at right an- over 67 inches high must be designed by gles to the supported I-beam, as shown a registered professional engineer or in Figure A to this section. registered architect, in accordance (3) The concrete blocks must be with acceptable engineering practice. stacked with their hollow cells aligned Mortar is not required for concrete vertically and must be positioned at block piers, unless otherwise specified in the manufacturer installation in- right angles to the footings. structions or by the design.

219

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.306 24 CFR Ch. XX (4–1–19 Edition)

220

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00230 Fmt 8010 Sfmt 8006 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.007 Office of Asst. Sec. for Housing, HUD § 3285.310

§ 3285.307 Perimeter support piers. tions. See § 3285.303(d)(2) for additional requirements. (a) Piers required at mate-line sup- (b) Metal or other manufactured ports, perimeter piers, and piers at ex- piers must be provided with protection terior wall openings are permitted to against weather deterioration and cor- be constructed of single open-cell or rosion at least equivalent to that pro- closed-cell concrete blocks, with nomi- vided by a coating of zinc on steel of .30 nal dimensions of 8 inches × 8 inches × oz./ft.2 of surface coated. 16 inches, to a maximum height of 54 inches, as shown in Figure A to this § 3285.309 [Reserved] section, when the design capacity of the block is not exceeded. § 3285.310 Pier location and spacing. (b) Piers used for perimeter support (a) The location and spacing of piers must be installed with the long dimen- depends upon the dimensions of the sion parallel to the perimeter rail. home, the live and dead loads, the type of construction (single-or multi-sec- § 3285.308 Manufactured piers. tion), I-beam size, soil bearing capac- (a) Manufactured piers must be listed ity, footing size, and such other factors and labeled and installed to the pier as the location of doors or other open- manufacturer’s installation instruc- ings.

221

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.008 § 3285.310 24 CFR Ch. XX (4–1–19 Edition)

(b) Mate-line and column pier sup- ends and not more than 120 inches cen- ports must be in accordance with this ter to center under the main rails. subpart and consistent with Figures A (d) Pier support locations. Pier support through C to this section, unless the locations and spacing must be pre- pier support and footing configuration sented to be consistent with Figures A is designed by a registered professional and B to § 3285.312, as applicable, unless engineer or registered architect. alternative designs are provided by a (c) Piers supporting the frame must professional engineer or registered ar- be no more than 24 inches from both chitect in accordance with acceptable engineering practice.

NOTES: 1. Bottom of footings must extend 5. When a full-height mating wall does not below frost line depth, unless designed for support the ridge beam, this area is consid- placement above the frost line. (See ered an unsupported span—Span B. § 3285.312(b)). 6. Piers are not required at openings in the 2. Piers may be offset up to 6 in. in either mating wall that are less than 48 inches in direction along the supported members to width. Place piers on both sides of mating allow for plumbing, electrical, mechanical, wall openings that are 48 inches or greater in equipment, crawlspaces, or other devices. width. For roof loads of 40 psf or greater, a 3. Single-stack concrete block pier loads professional engineer or registered architect must not exceed 8,000 lbs. must determine the maximum mating wall 4. Prefabricated piers must not exceed opening permitted without pier or other sup- their approved or listed maximum vertical ports. or horizontal design loads.

222

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00232 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.009 Office of Asst. Sec. for Housing, HUD § 3285.310

NOTES: 1. Bottom of footings must be below professional engineer or registered architect the frost line depth, unless designed for must determine the maximum mating wall placement above the frost line. (See opening permitted without pier or other sup- § 3285.312(b)). ports. 2. Piers may be offset 6 in. in either direc- 5. When a full-height mating wall does not tion along supported members to allow for support the ridge beam, this area is consid- plumbing electrical, mechanical equipment, ered an unsupported span—Span B. crawlspaces, or other devices. 6. In areas where the open span is greater 3. Single stack concrete block pier loads than 10 ft., intermediate piers and footings must not exceed 8,000 lbs. must be placed at maximum 10 ft. on center. 4. Piers are not required at openings in the 7. Prefabricated piers must not exceed mating wall that are less than 48 inches in their approved or listed maximum horizontal width. Place piers on both sides of mating or vertical design loads. wall openings that are 48 inches or greater in 8. Column piers are in addition to piers re- width. For roof loads of 40 psf or greater, a quired under full-height mating walls.

223

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00233 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.010 § 3285.311 24 CFR Ch. XX (4–1–19 Edition)

NOTES: 1. Mate-line column support piers openings of 48 inches or greater in are installed with the long dimension of the width, and under load-bearing porch concrete block perpendicular to the rim posts, factory installed fireplaces, and joists. fireplace stoves). 2. Pier and footing designed to support both floor sections. Loads as listed in Table (2) Other perimeter supports must be: 3 to § 3285.303 are total column loads for both (i) Located in accordance with Table sections. 2 to § 3285.303; or (ii) Provided by other means such as § 3285.311 Required perimeter sup- additional outriggers or floor joists. ports. When this alternative is used, the de- (a) Perimeter pier or other supports signs required by § 3285.301 must con- must be located as follows: sider the additional loads in sizing the (1) On both sides of side wall exterior pier and footing supports under the doors (such as entry, patio, and sliding main chassis beam. glass doors) and any other side wall

224

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00234 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.011 Office of Asst. Sec. for Housing, HUD § 3285.312

(b) For roof live loads of 40 psf or (iii) Cut ends of pressure treated lum- greater, a professional engineer or ar- ber must be field-treated, in accord- chitect must determine the maximum ance with AWPA Standard M4–02 (in- sidewall opening permitted without pe- corporated by reference, see § 3285.4). rimeter pier or other supports. (3) ABS footing pads. (c) The location and installation of (i) ABS footing pads are permitted, any perimeter pier support must not provided they are installed in accord- take the home out of compliance with ance with the pad manufacturer instal- the Manufactured Home Construction lation instructions and certified for use and Safety Standards (part 3280 of this in the soil classification at the site. chapter). (ii) ABS footing pads must be listed § 3285.312 Footings. or labeled for the required load capacity. (a) Materials approved for footings must provide equal load-bearing capac- (4) Other Materials. Footings may be ity and resistance to decay, as required of other materials than those identified by this section. Footings must be in this section, provided they are listed placed on undisturbed soil or fill com- for such use and meet all other applica- pacted to 90 percent of maximum rel- ble requirements of this subpart. ative density. A footing must support (b) Placement in freezing climates. every pier. Footings are to be either: Footings placed in freezing climates (1) Concrete. must be designed using methods and (i) Four inch nominal precast con- practices that prevent the effects of crete pads meeting or exceeding ASTM frost heave by one of the following C 90–02a, Standard Specification for methods: Loadbearing Concrete Masonry Units (1) Conventional footings. Conven- (incorporated by reference, see § 3285.4), tional footings must be placed below without reinforcement, with at least a the frost line depth for the site unless 28-day compressive strength of 1,200 an insulated foundation or monolithic pounds per square inch (psi); or slab is used (refer to §§ 3285.312(b)(2) and (ii) Six inch minimum poured-in- 3285.312(b)(3)). When the frost line place concrete pads, slabs, or ribbons depth is not available from the LAHJ, with at least a 28-day compressive a registered professional engineer, reg- strength of 3,000 pounds per square inch istered architect, or registered geolo- (psi). Site-specific soil conditions or de- gist must be consulted to determine sign load requirements may also re- the required frost line depth for the quire the use of reinforcing steel in manufactured home site. This is not cast-in-place concrete footings. subject to the provisions in § 3285.2(c) (2) Pressure-treated wood. that also require review by the manu- (i) Pressure-treated wood footings facturer and approval by its DAPIA for must consist of a minimum of two lay- any variations to the manufacturer’s ers of nominal 2-inch thick pressure- installation instructions for support treated wood, a single layer of nominal and anchoring. 3⁄4-inch thick, pressure-treated plywood with a maximum size of 16 inches by 16 (2) Monolithic slab systems. A monolithic slab is permitted above the frost inches, or at least two layers of 3⁄4-inch thick, pressure-treated plywood for line when all relevant site-specific con- sizes greater than 16 inches by 16 ditions, including soil characteristics, inches. Plywood used for this purpose site preparation, ventilation, and is to be rated exposure 1 or exterior insulative properties of the under floor sheathing, in accordance with PS1–95, enclosure, are considered and anchor- Construction and Industrial Plywood age requirements are accommodated as (incorporated by reference, see § 3285.4). set out in § 3285.401. The monolithic (ii) Pressure treated lumber is to be slab system must be designed by a reg- treated with a water-borne adhesive, in istered professional engineer or reg- accordance with AWPA Standard U1–04 istered architect: (incorporated by reference, see § 3285.4) (i) In accordance with acceptable en- for Use Category 4B ground contact ap- gineering practice to prevent the ef- plications. fects of frost heave; or

225

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00235 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.312 24 CFR Ch. XX (4–1–19 Edition)

(ii) In accordance with SEI/ASCE 32– (i) In accordance with acceptable en- 01 (incorporated by reference, see gineering practice to prevent the ef- § 3285.4). fects of frost heave; or (3) Insulated foundations. An insulated (ii) In accordance with SEI/ASCE 32– foundation is permitted above the frost 01 (incorporated by reference, see line, when all relevant site-specific § 3285.4). conditions, including soil characteris- (c) Sizing of footings. The sizing and tics, site preparation, ventilation, and layout of footings depends on the load- insulative properties of the under floor bearing capacity of the soil, footings, enclosure, are considered, and the foun- and the piers. See §§ 3285.202 and dation is designed by a registered professional engineer or registered archi- 3285.303, and Table to 3285.312. tect:

NOTES: 1. Refer to Table 1 of § 3285.303 for doors; under porch posts, factory-installed pier and footing requirements when frame fireplaces, and fireplace stoves; under jamb blocking only is used. studs at multiple window openings; and at 2. In addition to blocking required by any other sidewall openings 48 inches or § 3285.311, see Table 2 to § 3285.303 for max- greater in width. For roof loads of 40 psf or imum perimeter blocking loads. greater, a professional engineer or registered 3. End piers under main I-beams may be set architect must determine the maximum back a maximum of 24 inches, as measured sidewall opening permitted without perim- from the outside edge of the floor to the cen- eter supports. See §§ 3285.307 and 3285.311 for ter of the pier. additional requirements and for locating pe- 4. Place piers on both sides of sidewall ex- rimeter supports. terior doors, patio doors, and sliding glass

226

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00236 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.012 Office of Asst. Sec. for Housing, HUD § 3285.312

NOTES: 1. Refer to Table 1 to § 3285.303 for any other sidewall openings of 48 inches or pier and footing requirements when frame greater in width. For roof loads of 40 psf or blocking only is used. greater, a professional engineer or registered 2. In addition to blocking required by architect must determine the maximum side § 3285.311, see Tables 2 and 3 to § 3285.303 for wall opening permitted without perimeter maximum perimeter blocking loads. supports or mating wall opening permitted 3. End piers under main I-beams may be set without pier or other supports. See §§ 3285.307 back a maximum of 24 inches, as measured and 3285.311 for additional information on re- from the outside edge of the floor to the cen- quirements and for locating perimeter sup- ter of the pier. ports. 4. Place piers on both sides of sidewall ex- 5. When an end pier under the mate-line terior doors, patio doors, and sliding glass also serves as a column pier, it may be set doors; under porch posts, factory-installed back a maximum of 6 in., as measured from fireplaces, and fireplace stoves; under jamb the inside edge of the exterior wall to the studs at multiple window openings; and at center of the pier.

TABLE TO § 3285.312—THE SIZE AND CAPACITY FOR UNREINFORCED CAST-IN-PLACE FOOTINGS

8 in. × 16 in. pier 16 in. × 16 in. pier Soil capacity Minimum footing Unreinforced cast- Unreinforced cast- (psf) size Maximum footing in-place minimum Maximum footing in-place minimum (in.) capacity thickness capacity thickness (lbs.) (in.) (lbs.) (in.)

1,000 ...... 16 × 16 1,600 6 1,600 6 20 × 20 2,600 6 2,600 6 24 × 24 3,700 6 3,700 6 30 × 30 5,600 8 5,800 6 36 × 36 7,900 10 8,100 8 42 × 42 4 10,700 10 10,700 10 48 × 48 4 13,100 12 13,600 10 1,500 ...... 16 × 16 2,500 6 2,500 6 20 × 20 4,000 6 4,000 6 24 × 24 5,600 8 5,700 6 30 × 30 4 8,500 10 8,900 8 36 × 36 4 12,400 10 12,600 8 42 × 42 4 16,500 12 416,800 10 48 × 48 4 21,200 14 421,600 12 2,000 ...... 16 × 16 3,400 6 3,400 6 20 × 20 5,300 6 5,300 6 24 × 24 7,600 8 7,700 6 30 × 30 4 11,700 10 11,900 8 36 × 36 4 16,700 15 4 16,900 10 42 × 42 4 21,700 18 4 22,700 12

227

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00237 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.013 § 3285.313 24 CFR Ch. XX (4–1–19 Edition)

TABLE TO § 3285.312—THE SIZE AND CAPACITY FOR UNREINFORCED CAST-IN-PLACE FOOTINGS— Continued

2,500 ...... 16 × 16 4,300 6 4,300 6 20 × 20 6,700 6 6,700 6 24 × 24 4 9,600 8 9,700 6 30 × 30 4 14,800 10 15,000 8 36 × 36 4 20,700 12 4 21,400 10 3,000 ...... 16 × 16 5,200 6 5,200 6 20 × 20 8,100 8 8,100 6 24 × 24 4 11,500 10 11,700 6 30 × 30 4 17,800 12 4 18,100 8 36 × 36 4 25,400 14 4 25,900 10 4,000 ...... 16 × 16 7,000 6 7,000 6 20 × 20 4 10,800 8 10,900 6 24 × 24 4 15,500 10 15,600 8 30 × 30 4 23,300 12 4 24,200 10

NOTES: 1. The footing sizes shown are for the special snow load conditions, in ac- square pads and are based on the area (in.2), cordance with acceptable engineering shear and bending required for the loads practice. Where site or other condi- shown. Other configurations, such as rectan- tions prohibit the use of the manufac- gular or circular configurations, can be used, provided the area and depth is equal to or turer’s instructions, a registered pro- greater than the area and depth of the fessional engineer or registered archi- square footing shown in the table, and the tect must design the foundation for the distance from the edge of the pier to the edge special snow load conditions. of the footing is not less than the thickness (b) Ramadas. Ramadas may be used in of the footing. areas with roof live loads greater than 2. The 6 in. cast-in-place values can be used 40 psf. Ramadas are to be self-sup- for 4 in. unreinforced precast concrete foot- porting, except that any connection to ings. the home must be for weatherproofing 3. The capacity values listed have been re- only. duced by the dead load of the concrete footing. 4. Concrete block piers must not exceed Subpart E—Anchorage Against their design capacity of 8,000 lbs. for 8″ × 16″ Wind single stack block and 16,000 lbs. for 16″ × 16″ double stack block. § 3285.401 Anchoring instructions. 5. A registered professional engineer or registered architect must prepare the design, (a) After blocking and leveling, the if the design loads exceed the capacity for manufactured home must be secured single or double stack concrete block piers against the wind by use of anchor as- shown in footnote 4. sembly type installations or by connecting the home to an alternative § 3285.313 Combination systems. foundation system. See § 3285.301. Support systems that combine both (b) For anchor assembly type instal- load-bearing capacity and uplift resist- lations, the installation instructions ance must also be sized and designed must require the home to be secured for all applicable design loads. against the wind, as described in this section. The installation instructions § 3285.314 [Reserved] and design for anchor type assemblies must be prepared by a registered pro- § 3285.315 Special snow load condi- fessional engineer or registered archi- tions. tect, in accordance with acceptable en- (a) General. Foundations for homes gineering practice, the design loads of designed for and located in areas with the MHCSS, and § 3285.301(d). roof live loads greater than 40 psf must (c) All anchoring and foundation sys- be designed by the manufacturer for tems must be capable of meeting the

228

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.402

loads that the home was designed to cation (see 24 CFR 3285.5) by a nation- withstand required by part 3280, sub- ally recognized testing laboratory. A part D of this chapter, as shown on the registered professional engineer or ar- home’s data plate. Exception: Manufac- chitect must certify that each ground tured homes that are installed in less anchor assembly is capable of resisting restrictive roof load zone and wind all loads in paragraph (c) of this sec- zone areas may have foundation or an- tion based on the test methods in para- chorage systems that are capable of graph (b) of this section for use in meeting the lower design load provi- soil(s) classified in accordance with sions of the Standards, if the design for § 3285.202. the lower requirements is either pro- (2) Each ground anchor assembly vided in the installation instructions that has been listed prior to November or the foundation and anchorage sys- 10, 2014 is not subject to paragraph (b) tem is designed by a professional engi- of this section, provided it has been neer or registered architect. previously tested in accordance with (d) The installation instructions are to include at least the following infor- this paragraph. A professional engineer mation and details for anchor assem- or registered architect must have cer- bly-type installations: tified the testing. The ground anchor (1) The maximum spacing for install- must be listed by a nationally recog- ing diagonal ties and any required nized testing agency and the listing or vertical ties or straps to ground an- certification includes or has met all of chors; the following requirements: (2) The minimum and maximum an- (i) A minimum of three tests meeting gles or dimensions for installing diago- all of the requirements of this section nal ties or straps to ground anchors were conducted for each ground anchor and the main chassis members of the assembly design; manufactured home; (ii) Each of the ground anchor assem- (3) Requirements for connecting the bly designs tested must have met or ex- diagonal ties to the main chassis mem- ceeded a working load of 3,150 pounds bers of the manufactured home. If the and sustained an ultimate load of 4,725 diagonal ties are attached to the bot- pounds in the weakest soil classifica- tom flange of the main chassis beam, tion for which the anchors were tested the frame must be designed to prevent and certified; rotation of the beam; (iii) The soil in which the anchor was (4) Requirements for longitudinal and certified has been classified by one of mating wall tie-downs and anchorage; the methods indicated in § 3285.202 of (5) The method of strap attachment these Standards and the anchor is not to the main chassis member and listed for use in a weaker/higher soil ground anchor, including provisions for classification than tested and identi- swivel-type connections; fied in the Table to § 3285.202; (6) The methods for protecting (iv) A test report was provided for vertical and diagonal strapping at each ground anchor assembly design sharp corners by use of radius clips or other means; and that identifies the soil classification in (7) As applicable, the requirements which the ground anchor was tested for sizing and installation of stabilizer and listed and includes complete speci- plates. fications and dimensions for the ground anchor assembly; § 3285.402 Ground anchor installa- (v) For each of the ground anchor as- tions. semblies tested, the maximum deflec- (a) Ground anchor certification and tion at 3,150 pounds did not exceed two testing. (1) Each ground anchor assem- inches vertically or three inches hori- bly must be manufactured and provided zontally; with installation instructions, and (vi) For each of the ground anchor as- must be labeled or otherwise identified semblies tested, the maximum deflec- and subject to an on-going quality as- tion at 4,725 pounds did not exceed two surance surveillance program in ac- inches vertically or three inches hori- cordance with its listing or certifi- zontally;

229

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.402 24 CFR Ch. XX (4–1–19 Edition)

(vii) For the stabilizer plate test into a 1⁄8 -inch thread at a wide range of method, at least three tests were per- moisture contents). formed at the minimum angle of pull Ground anchor manufacturer. Any per- to the horizontal specified in the list- son or company engaged in manufac- ing and the minimum angle of pull to turing or importing ground anchor as- the horizontal must have been at least semblies. 30 degrees. Any existing ground anchor Non-Cohesive soil. Sand, gravel, and assembly tests and certifications where similar soils that are predominantly the angle of pull was less than 30 de- granular and lack a sufficient quantity grees will need to be re-evaluated in of fine, clay-sized particles to exhibit accordance with paragraph (b) of this the behavior of cohesive soil as defined section; and in this section. (viii) For the stabilizer plate test Ultimate anchor load. The lower of ei- method, the minimum angle of pull to ther the highest load achieved during the horizontal is specified in the list- an individual test prior to failure due ing. to exceeding allowable displacement (b) Standard test methods for estab- limits or the load at failure of the an- lishing working load design values of choring equipment or its attachment ground anchor assemblies used for new point to the testing apparatus. manufactured home installations—(1) Working anchor load. The ultimate Scope. (i) These testing procedures pro- anchor load in pounds divided by a fac- vide standard test methods for estab- tor of safety of 1.5. lishing both ultimate loads and load re- (3) Determination of soil classification— sistance design values. (i) General description of soil classifica- (ii) Each assembly or component of tion. The general description of soil an anchor assembly must be tested by classification is to be determined in ac- the methods established by this sec- cordance with the methods specified in tion, and therefore be suitable, as list- the Table to § 3285.202. ed or certified for installation in an ap- (ii) Standards for identification of soil propriately classified soil, for installa- and soil classification. The soil test tion of manufactured homes. torque probe method must be used at (iii) To secure approval of ground an- the certification test site for soil clas- chor assembly products and compo- sification. At a minimum, the soil test nents, ground anchor manufacturers torque probe must be used at three must have their products tested and sample locations representative of the listed by a nationally recognized test- extent of the certification site test ing laboratory, or tested and certified area. Soil characteristics must be by an independent registered profes- measured at a depth below ground sur- sional engineer. face of not greater than the anchor (iv) The testing laboratory or inde- helix depth and not less than 2⁄3 of the pendent registered engineer must be anchor helix depth for each ground an- free from any conflict of interest from chor depth evaluated within the test the product manufacturer and any of area. The lowest torque probe value re- the product manufacturer’s affiliates. sulting in the highest soil classifica- (2) Definitions. The definitions con- tion number must be used. Additional tained in this section apply to the guidance regarding the soil test torque terms used in subpart E of this part. probe method is available at the Ap- Allowable displacement limits. Criteria pendix to this section and at § 3282.202. establishing the maximum amount of (iii) Classification in non-cohesive soils. displacement of a material, assembly, Ground anchor assemblies must be or component under load. tested and listed or certified, and la- Certification test site. A site used for beled for use in non-cohesive soil. the purpose of anchor assembly quali- Ground anchor assemblies are per- fication testing in accordance with this mitted to be tested, listed or certified, section. and labeled for use in cohesive soil. Cohesive soil. A soil with sufficient (4) Field testing apparatus. (i) The clay content to exhibit substantial testing equipment for conducting tests plastic behavior when moist or wet to list or certify a ground anchor as- (i.e., able to be readily molded or rolled sembly for use in a classified soil must

230

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00240 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.402

be capable of meeting the requirements (ii) Connection of the testing appa- of paragraph (b)(7) of this section as de- ratus to the anchor assembly head termined by the testing agency. must provide loading conditions to the (ii) The testing equipment shall be anchor head, similar to actual site con- calibrated to meet the testing require- ditions. Adequacy of the connection ments of paragraph (b)(7) of this sec- must be determined by the testing tion as determined by the testing agen- agency or test engineer. cy. (iii) For soil classifications 3, 4A, and (5) Test specimens details and selection. 4B, testing must be performed in the (i) Test specimens are to be examined lower 50 percentile torque probe value by the independent testing, listing, or of the soil classification being tested. certifying entity for conformance with For soil classifications 1 and 2 the engineered drawings, specifications, torque probe value must not exceed 750 and other information provided by the inch-pounds. ground anchor manufacturer or pro- (iv) A minimum of three tests must ducer including: be performed and the result of each (A) Dimensions and specifications on test must meet or exceed 4,725 pounds all welds and fasteners; × (B) Dimensions and specifications of pull (3,150 1.5 factor of safety) in the all metal or material; direction of pull. (C) Model number and its location on (v) Special-purpose anchor assem- the ground anchor; and blies, including those needed to accom- (ii) Necessary test specimens and modate unique design loads identified products for the installed anchor as- by manufacturers in their installation sembly tests must be randomly se- instructions, may be certified under lected by the independent testing, list- this section or to more stringent re- ing, or certifying entity. quirements such as higher working (6) Test requirements. (i) Field tests loads, more restrictive anchor head dis- must be performed on each anchor as- placements and/or tested angle limita- sembly installed in a classified soil as tions. defined in paragraph (b)(3) of this sec- (vi) Angle of pull. Where the test ap- tion. paratus configuration results in a (ii) Field test apparatuses must be as changing angle of pull due to anchor specified in paragraph (b)(4) of this sec- assembly displacement during a lateral tion, and must conform to the testing angle pull test, the angle of pull at the requirements of paragraph (b)(7) of this ultimate anchor load is to be recorded section. as the load angle for the test. Load an- (iii) Testing equipment shall be ade- gles are to be measured relative to the quate for testing as determined by the plane of the ground surface and shall testing agency. be permitted to be rounded to the near- NOTE TO PARAGRAPH (b)(6): As a rec- est 5-degree increment. ommended practice, the test rig soil reac- (vii) Displacement measurement. tions (bearing pads) should not be located Vertical displacement (for all tests) closer to the center of the anchor assembly and horizontal displacement (for lat- (anchor head) than the lesser of D, 4d, or 32 eral angle pull tests) must be measured inches where D is the depth of the anchor helix and d is the diameter of the anchor relative to the centerline of the test helix, both in inches. However, experience apparatus’ connection to the ground with a particular test rig, types of anchors, anchor assembly (anchor head) and the and soil conditions may justify other accept- ground. A stable ground reference able dimensional tolerances. point for displacement measurements (7) Field tests of anchor assemblies. (i) must be located independent of the test The soil characteristics at the certifi- apparatus and not closer to the anchor cation test site must be identified and assembly than the soil reaction points recorded according to paragraph (b)(3) of the test apparatus. Displacement of this section. The date, approximate measurements shall be taken using a time, and names of persons conducting device with not less than 1⁄8-inch read- and witnessing the anchor assembly ing increments. Measurements shall be tests must also be recorded at each cer- permitted to be rounded to the nearest tification test site. 1⁄8-inch increment.

231

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.402 24 CFR Ch. XX (4–1–19 Edition)

(8) Anchor assembly field test methods. (F) The location of the ground anchor (i) An anchor assembly must be tested head is to be marked after it is pre-ten- in accordance with one or more of the sioned for measuring subsequent move- assembly configurations addressed in ment under test loading. paragraphs (b)(8)(iii), (iv) and (v) of (G) Increase the load throughout the this section. The as-tested configura- test. The recommended rate of load ap- tion of any anchor assembly is a condi- plication must be such that the loading tion of the listing or certification. Al- to not less than 4725 pounds is reached ternate configurations are acceptable in not less than 2 minutes from the provided test conditions appropriately time the 500 pound pre-tension load is simulate actual end-use conditions and achieved. the as-tested configuration is addressed (H) Record the load and displace- in the manufacturer’s installation in- ment, at a minimum of 500–1000 pound structions. increments, such that a minimum of (ii) Anchor assemblies designed for five data points will be obtained to de- multiple connections to the manufac- termine a load deflection curve. For tured home must be individually tested each datum, the applied load and the as specified in paragraphs (b)(8)(iii) and ground anchor head displacement is to (iv) of this section. be recorded. In addition, the load and (iii) Anchor assembly/stabilizer plate displacement is to be recorded at the method. The following anchor assem- Failure Mode identified in paragraph bly installation and testing must be (b)(10) of this section. It is permissible consistently applied for all tests: to halt the addition of load at each loading increment for up to 60 seconds (A) The ground anchor is to be in- to facilitate taking displacement read- stalled at an angle of 10–15 degrees ings. The ultimate anchor load of the from vertical to a depth of one-half (1⁄2) ground anchor assembly and cor- to two-thirds (2⁄3) of the anchor length. responding displacement is to be re- (B) A stabilizer plate is to be driven corded. The pre-tension load of 500 vertically on the side of the ground an- pounds should be included in the 4725 chor shaft facing the tensioning equip- pound ultimate anchor load test. It is ″ ment three inches (3 ) from the shaft permissible to interpolate between dis- and the top of the plate must be in- placement and load measurements to stalled flush with the soil surface or determine the ultimate anchor load. not more than one inch below the soil (I) All ground anchor assemblies surface. must be tested to the following: (C) The ground anchor is to be driven (1) Failure due to displacement of the to its full depth into the soil with the ground anchor assembly as established bottom of the anchor head not more in paragraph (b)(9) of this section, or than 3⁄4 inch (3⁄4″) above the stabilizer (2) Failure of either the anchoring plate. equipment or its attachment point to (D) The ground anchor head is to be the testing apparatus, or to a min- attached to the tensioning equipment imum of 4725 pounds (when possible such that the tension load and dis- tests should be taken to 6000 pounds to placement can be recorded. The ten- provide additional data but this is not sioning equipment must be positioned required). to load the ground anchor and sta- (iv) Vertical in-line anchor assembly bilizer plate at the minimum angle to method. Anchor assembly installation the test site ground surface for which and withdrawal procedures for test pur- the anchor is being evaluated. poses are to be as follows, and be used (E) The ground anchor is to be pre- consistently throughout all tests; tensioned to 500 pounds so that the an- (A) The ground anchor must be in- chor shaft contacts the stabilizer plate. stalled vertically. If the anchor shaft does not come into (B) The ground anchor must be driv- contact with the stabilizer plate an an- en to its full depth into the soil. chor setting load not to exceed 1,000 (C) The ground anchor head must be pounds is permitted to be applied and attached to the tensioning equipment then released prior to re-application of such that the load and ground anchor the 500-pound pre-tension force. head displacement can be recorded.

232

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.402

(D) The ground anchor must be (A) The ground anchor must be in- pulled in line with the ground anchor stalled at an angle from the horizontal shaft. ground surface at which it is to be (E) The ground anchor shall be pre- rated. tensioned to 500 pounds. (B) The ground anchor must be driv- (F) The location of the ground anchor en to its full depth into the soil. head must be marked after it is pre- (C) The ground anchor head must be tensioned for measuring subsequent attached to the tensioning equipment movement under test loading. such that tension and displacement can (G) Increase the load throughout the be recorded. test. The recommended rate of load ap- (D) The anchor must be pulled in line plication shall be such that the loading with the ground anchor shaft. to not less than 4725 pounds is reached (E) The ground anchor shall be pre- in not less than 2 minutes from the tensioned 500 pounds. time the 500 pound pre-tension load is (F) The location of the ground anchor achieved. head is to be marked after it is pre-ten- (H) Record the load and displace- sioned for measuring subsequent movement, at a minimum of 500–1000 pound ment under test loading. increments, such that a minimum of (G) Increase the load throughout the five data points will be obtained to de- test. The recommended rate of load ap- termine a load deflection curve. For plication must be such that the loading each datum, the applied load and the to not less than 4725 pounds is reached ground anchor head displacement is to in not less than 2 minutes from the be recorded. In addition, the load and time the 500 pound pre-tension load is displacement is to be recorded at the achieved. Failure Mode identified in paragraph (H) Record the load and displace- (b)(10) of this section. It is permissible ment, at a minimum of 500–1000 pound to halt the addition of load at each increments, such that a minimum of loading increment for up to 60 seconds five data points will be obtained to de- to facilitate taking displacement read- termine a load deflection curve. For ings. The ultimate anchor load of the each datum, the applied load and the ground anchor assembly and cor- ground anchor head displacement is to responding displacement is to be re- be recorded. In addition, the load and corded. The pre-tension load of 500 displacement is to be recorded at the pounds should be included in the 4725 Failure Mode identified in paragraph pound ultimate anchor load test. It (b)(10) of this section. It shall be per- shall be permissible to interpolate be- missible to halt the addition of load at tween displacement and load measure- each loading increment for up to 60 sec- ments to determine the Ultimate an- onds to facilitate taking displacement chor load. readings. The ultimate anchor load of (I) All ground anchor assemblies the ground anchor assembly and cor- must be tested to the following: responding displacement must be re- (1) Failure due to displacement of the corded. The pre-tension load of 500 ground anchor assembly as established pounds should be included in the 4725 in paragraph (b)(9) of this section, or pound ultimate anchor load test. It is (2) Failure of either the anchoring permissible to interpolate between dis- equipment or its attachment point to placement and load measurements to the testing apparatus, or to a min- determine the Ultimate anchor load. imum of 4725 pounds (when possible (I) All ground anchor assemblies tests should be taken to 6000 pounds to must be tested to the following: provide additional data but this is NOT (1) failure due to displacement of the required). ground anchor assembly as established (v) In line ground anchor assembly in paragraph (b)(9) of this section, or method. Ground anchor assembly in- (2) Failure of either the anchoring stallation and withdrawal procedures equipment or its attachment point to for test purposes must be as follows, the testing apparatus, or to a min- and must be used consistently through- imum of 4725 pounds (when possible out all tests. tests should be taken to 6000 pounds to

233

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.402 24 CFR Ch. XX (4–1–19 Edition)

provide additional data but this is NOT termining soil characteristics for each required) type of soil for which the ground an- Note to paragraph (b)(8). Additional choring assembly was evaluated. testing at angles of pull greater than (iii) The model of the ground anchor the minimum angle of pull may be used assembly tested. to provide design values for specific an- (iv) The ground anchor assembly test gles of pull greater than the minimum method used. angle for which evaluation is sought. (v) Detailed drawings including all (9) Failure criteria. The following con- dimensions of the ground anchor as- ditions constitute failure of the ground sembly and its components. anchor test assembly: (vi) Method of installation at the test (i) When the ground anchor head, or site. its attachment point, displaces 2 inches (vii) Date of installation and date of in the vertical or horizontal direction testing. from its pre-tensioned measurement (viii) Location of the certification position prior to reaching a total load test site. of 3150 pounds (including any preten- (ix) Test equipment used. sion load). (x) For each anchor specimen tested: (ii) When the ground anchor head, or For each load increment the load in its attachment point, displaces 2 inches ″ pounds and resultant displacements in (2 ) in the vertical direction or 3 inches inches in chart or graph form. (3″) in the horizontal direction from its (xi) The working load design value pre-tensioned measurement position and ultimate anchor load determined prior to reaching a total load of 4725 in accordance with paragraph (b)(10) of pounds (including any pretension load). this section. (iii) When breakage of any component of the ground anchor shaft occurs (xii) If required, a description of the prior to reaching a total load of 4725 stabilizer plate used in each ground an- pounds. chor assembly/stabilizer plate test, including the name of the manufacturer. (10) Use of ultimate anchor loads to establish the working load design value. (i) (xiii) Angle(s) of pull for which the The working load design value is the anchor has been tested. lowest ultimate anchor load deter- (xiv) Embedment depth of the ground mined by testing, divided by a 1.5 fac- anchor assembly. tor of safety. (xv) The application and orientation (ii) The working load design value, of the applied load. for each installation method and soil (xvi) A description of the mode and classification, shall be stated in the location of failure for each ground an- ground anchor assembly listing or cer- chor assembly tested. tification. An anchor tested in a given (xvii) Name and signature of the na- soil classification number must not be tionally recognized testing agency or approved for use in a higher/weaker registered professional engineer certi- soil classification number. For example fying the testing and evaluation. an anchor tested in soil classification 3 (xviii) The soil classification(s) for must not be approved for soil classi- which each ground anchor assembly is fication 4A or 4B unless it is also tested certified for use and the working load in those soils. The 500 pound pre-ten- design value and minimum ultimate sion is included in the ultimate anchor load capacity for those soil classifica- load. tion(s). (11) Test report. The test report to (12) Approved ground anchor assem- support the listing or certification for blies. Each ground anchor manufac- each ground anchor assembly tested is turer or producer must provide the fol- to include all conditions under which lowing information for use of approved the ground anchor assembly was test- ground anchor assemblies and this in- ed, including the following: formation must also be included in the (i) A copy of all test data accumu- listing or certification for each ground lated during the testing. anchor assembly: (ii) The soil characteristics including (i) Drawings showing ground anchor moisture content and methods for de- installation.

234

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.402

(ii) Specifications for the ground an- (i) No greater than the spacing shown chor assembly including: in Tables 1 through 3 to this section (A) Soils classifications listed or cer- and Figures A and B to this section; or tified for use; (ii) Designed by a registered engineer (B) The working load and minimum or architect, in accordance with ac- ultimate anchor load capacity for the ceptable engineering practice and the anchor assembly in the soil classifica- requirements of the MHCSS for any tion(s) it is listed or certified for use; conditions that are outside the param- (C) Model number and its location on eters and applicability of the Tables 1 the anchor; (D) Instructions for use, including through 3 to this section. pre-tensioning; (2) The requirements in paragraph (c) (E) Angle(s) of pull for which the an- of this section must be used to deter- chor has been listed and certified; and mine the maximum spacing of ground (F) Manufacturer, size and type of anchors and their accompanying an- stabilizer plate required. chor straps, based on the soil classi- (c) Specifications for tie-down straps fication determined in accordance with and ground anchors—(1) Ground anchors. § 3285.202: Ground anchors must be installed in (i) The installed ground anchor type accordance with their listing or certifi- and size (length) must be listed for use cation, be installed to their full depth, in the soil class at the site and for the be provided with protection against minimum and maximum angle per- weather deterioration and corrosion at mitted between the diagonal strap and least equivalent to that provided by a the ground; and coating of zinc on steel of not less than (ii) All ground anchors must be in- 0.30 oz./ft.2 of surface coated, and be capable of resisting a minimum ultimate stalled in accordance with their listing load of 4,725 lbs. and a working load of or certification and the ground anchor 3,150 lbs., as installed, unless reduced manufacturer installation instructions; capacities are noted in accordance with and note 11 of Table 1 to this section or (iii) If required by the ground anchor note 12 of Tables 2 and 3 to this sec- listing or certification, the correct size tion. The ultimate load and working and type of stabilizer plate is installed. load of ground anchors and anchoring If metal stabilizer plates are used, they equipment must be determined by a must be provided with protection registered professional engineer, reg- against weather deterioration and cor- istered architect, or tested by a nation- rosion at least equivalent to that pro- ally recognized third-party testing vided by a coating of zinc on steel of agency in accordance with a nationally not less than 0.30 oz./ft.2 of surface recognized testing protocol. coated. Alternatively, ABS stabilizer 1 × (2) Tie-down straps. A 1 ⁄4 inch 0.035 plates may be used when listed and cer- inch or larger steel strapping con- tified for such use. forming to ASTM D 3953—97, Standard Specification for Strapping, Flat Steel (3) Longitudinal anchoring. Manufac- and Seals (incorporated by reference, tured homes must also be stabilized see § 3285.4), Type 1, Grade 1, Finish B, against wind in the longitudinal direc- with a minimum total capacity of 4,725 tion in all Wind Zones. Manufactured pounds (lbs.) and a working capacity of homes located in Wind Zones II and III 3,150 pounds (lbs.) must be used. The must have longitudinal ground anchors tie-down straps must be provided with installed on the ends of the manufac- protection against weather deteriora- tured home transportable section(s) or tion and corrosion at least equivalent be provided with alternative systems to that provided by a coating of zinc on that are capable of resisting wind steel of not less than 0.30 oz./ft.2 of sur- forces in the longitudinal direction. face coated. Slit or cut edges of coated See Figure C to § 3285.402 for an exam- strapping need not be zinc coated. ple of one method that may be used to (d) Number and location of ground anchors. (1) Ground anchor and anchor strap spacing must be:

235

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.402 24 CFR Ch. XX (4–1–19 Edition)

provide longitudinal anchoring. A pro- tem used as adequate to provide the re- fessional engineer or registered archi- quired stabilization, in accordance tect must certify the longitudinal an- with acceptable engineering practice. choring method or any alternative sys-

NOTES: 1. Refer to Tables 1, 2, and 3 to this 2. Longitudinal anchors not shown for clar- section for maximum ground anchor spacing. ity; refer to 3285.402(b)(2) for longitudinal anchoring requirements.

236

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.014 Office of Asst. Sec. for Housing, HUD § 3285.402

NOTES: 1. Vertical Straps are not required diagonal ties are not attached to the top in Wind Zone I. flange of the beam. See § 3285.401(d)(3). 2. The frame must be designed to prevent rotation of the main chassis beam, when the

237

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00247 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.015 § 3285.402 24 CFR Ch. XX (4–1–19 Edition)

TABLE 1 TO § 3285.402—MAXIMUM DIAGONAL TIE-DOWN STRAP SPACING, WIND ZONE I

Max. heightfrom ground Nominal floor width, single section/multi-section to diagonal strap at- I-beam spacing I-beamspacing tachment 82.5 in. 99.5 in.

12/24 ft. 144 in. nominal section(s) ...... 25 in ...... 14 ft. 2 in ...... N/A. 33 in ...... 11 ft. 9in ...... N/A.

238

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00248 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.016 Office of Asst. Sec. for Housing, HUD § 3285.402

TABLE 1 TO § 3285.402—MAXIMUM DIAGONAL TIE-DOWN STRAP SPACING, WIND ZONE I— Continued

Max. heightfrom ground Nominal floor width, single section/multi-section to diagonal strap at- I-beam spacing I-beamspacing tachment 82.5 in. 99.5 in.

46 in ...... 9 ft. 1in ...... N/A. 67 in ...... N/A ...... N/A.

14/28 ft. 168 in. nominal section(s) ...... 25 in ...... 18 ft. 2in ...... 15 ft. 11 in. 33 in ...... 16 ft. 1 in ...... 13 ft. 6 in. 46 in ...... 13 ft. 3 in ...... 10 ft. 8in. 67 in ...... 10 ft. 0 in ...... N/A.

16/32 ft. 180 in. to 192 in. nominal section(s) ... 25 in ...... N/A ...... 19 ft. 5in. 33 in ...... 19 ft. 0 in ...... 17 ft. 5 in. 46 in ...... 16 ft. 5 in ...... 14 ft. 7 in. 67 in ...... 13 ft. 1 in ...... 11 ft. 3 in.

NOTES: 1. Table is based on maximum 90 in. accordance with the ground anchor and sidewall height. home manufacturer instructions. 2. Table is based on maximum 4 in. inset 10. Strapping and anchoring equipment for ground anchor head from edge of floor or must be certified by a registered professional wall. engineer or registered architect, or listed by 3. Table is based on main rail (I-beam) a nationally recognized testing agency to re- spacing per given column. sist these specified forces, in accordance 4. Table is based on maximum 4 in. eave with testing procedures in ASTM D 3953–97, width for single-section homes and max- Standard Specification for Strapping, Flat imum 12 in. for multi-section homes. Steel and Seals (incorporated by reference, 5. Table is based on maximum 20-degree see § 3285.4). roof pitch (4.3⁄12). 11. A reduced ground anchor or strap work- 6. Table is based upon the minimum height ing load capacity will require reduced tie- between the ground and the bottom of the down strap and anchor spacing. floor joist being 18 inches. Interpolation may 12. Ground anchors must not be spaced be required for other heights from ground to closer than the minimum spacing permitted strap attachment. by the listing or certification. 7. Additional tie-downs may be required 13. Table is based on a 3,150 lbs. working per the home manufacturer instructions. load capacity, and straps must be placed 8. Ground anchors must be certified for within 2 ft. of the ends of the home. these conditions by a professional engineer, 14. Table is based on a minimum angle of 30 architect, or listed by a nationally recog- degrees and a maximum angle of 60 degrees nized testing laboratory. between the diagonal strap and the ground. 9. Ground anchors must be installed to 15. Table does not consider flood or seismic their full depth, and stabilizer plates, if re- loads and is not intended for use in flood or quired by the ground anchor listing or cer- seismic hazard areas. In those areas, the an- tification, must also be installed in accord- chorage system is to be designed by a profes- ance with the listing or certification and in sional engineer or architect.

TABLE 2 TO § 3285.402—MAXIMUM DIAGONAL TIE-DOWN STRAP SPACING, WIND ZONE II.

Max. height Near beam method I–beam spacing Second beam method I–beam spacing Nominal floor width, sin- from ground to gle section/multi-section diagonal strap attachment 82.5 in. 99.5 in. 82.5 in. 99.5 in.

12 ft/24 ft. 144 in. nomi- 25 in ...... 6 ft. 2 in ...... 4 ft. 3 in ...... N/A ...... N/A nal section(s). 33 in ...... 5 ft. 2 in ...... N/A ...... N/A ...... N/A 46 in ...... 4 ft. 0 in ...... N/A ...... N/A ...... N/A 67 in ...... N/A ...... N/A ...... 6 ft 1 in ...... 6 ft 3 in

14 ft/28 ft. 168 in. nomi- 25 in ...... 7 ft. 7 in ...... 6 ft. 9 in ...... N/A ...... N/A nal section(s). 33 in ...... 6 ft. 10 in ...... 5 ft. 9 in ...... N/A ...... N/A 46 in ...... 5 ft. 7 in ...... 4 ft. 6 in ...... N/A ...... N/A 67 in ...... 4 ft. 3 in ...... N/A ...... N/A ...... N/A

16 ft/32 ft. 180 in. to 192 25 in ...... N/A ...... 7 ft. 10 in ...... N/A ...... N/A in. nominal section(s).

239

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.402 24 CFR Ch. XX (4–1–19 Edition)

TABLE 2 TO § 3285.402—MAXIMUM DIAGONAL TIE-DOWN STRAP SPACING, WIND ZONE II.— Continued

33 in ...... 7 ft. 6 in ...... 7 ft. 2 in ...... N/A ...... N/A 46 in ...... 6 ft. 9 in ...... 6 ft. 0 in ...... N/A ...... N/A 67 in ...... 5 ft. 4 in ...... 4 ft. 7 in ...... N/A ...... N/A

NOTES: 1. Table is based on maximum 90 in. ance with the listing or certification and in sidewall height. accordance with the ground anchor and 2. Table is based on maximum 4 in. inset home manufacturer instructions. for ground anchor head from edge of floor or 11. Strapping and anchoring equipment wall. must be certified by a registered professional 3. Tables are based on main rail (I-beam) engineer or registered architect or must be spacing per given column. listed by a nationally recognized testing 4. Table is based on maximum 4 in. eave agency to resist these specified forces, in ac- width for single-section homes and max- cordance with testing procedures in ASTM D imum 12 in. for multi-section homes. 3953—97, Standard Specification for Strap- 5. Table is based on maximum 20-degree ping, Flat Steel and Seals (incorporated by roof pitch (4.3/12). reference, see § 3285.4). 6. All manufactured homes designed to be 12. A reduced ground anchor or strap work- located in Wind Zone II must have a vertical ing load capacity will require reduced tie- tie installed at each diagonal tie location. down strap and anchor spacing. 7. Table is based upon the minimum height between the ground and the bottom of the 13. Ground anchors must not be spaced floor joist being 18 inches. Interpolation may closer than the minimum spacing permitted be required for other heights from ground to by the listing or certification. strap attachment. 14. Table is based on a 3,150 lbs. working 8. Additional tie downs may be required load capacity, and straps must be placed per the home manufacturer instructions. within 2 ft. of the ends of the home. 9. Ground anchors must be certified by a 15. Table is based on a minimum angle of 30 professional engineer, or registered archi- degrees and a maximum of 60 degrees be- tect, or listed by a nationally recognized tween the diagonal strap and the ground. testing laboratory. 16. Table does not consider flood or seismic 10. Ground anchors must be installed to loads and is not intended for use in flood or their full depth, and stabilizer plates, if re- seismic hazard areas. In those areas, the an- quired by the ground anchor listing or cer- chorage system is to be designed by a profes- tification, must also be installed in accord- sional engineer or architect.

TABLE 3 TO § 3285.402—MAXIMUM DIAGONAL TIE-DOWN STRAP SPACING, WIND ZONE III.

Near beam method I-beam spacing Second beam method Nominal floor width, single sec- Max. height from I-beam spacing tion/multi-section ground to diagonal strap attachment 82.5 in. 99.5 in. 82.5 in. 99.5 in.

12 ft./24 ft. 144 in. nominal sec- 25 in ...... 5 ft. 1 in ...... N/A ...... N/A ...... N/A tion(s). 33 in ...... 4 ft. 3 in ...... N/A ...... N/A ...... N/A 46 in ...... N/A ...... N/A ...... N/A ...... N/A 67 in ...... N/A ...... N/A ...... N/A ...... N/A 14 ft./28 ft. 168 in. nominal sec- 25 in ...... 6 ft. 2 in...... 5 ft. 7 in ...... N/A ...... N/A tion(s). 33 in ...... 5 ft. 8 in ...... 4 ft. 9 in ...... N/A ...... N/A 46 in ...... 4 ft. 8 in ...... N/A ...... N/A ...... N/A 67 in ...... N/A ...... N/A ...... N/A ...... N/A 16 ft./32 ft. 180 in. to 192 in. 25 in ...... N/A ...... 6 ft. 3 in ...... N/A ...... N/A nominal sections. 33 in ...... 6 ft. 1 in ...... 5 ft. 11 in ...... N/A ...... N/A 46 in ...... 5 ft. 7 in ...... 5 ft. 0 in ...... N/A ...... N/A 67 in ...... 4 ft. 5 in ...... N/A ...... N/A ...... N/A

240

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.406

NOTES: 1. Table is based on maximum 90 in. er scale. The tip of the probe is inserted as sidewall height. deep as the bottom helix of the ground an- 2. Table is based on maximum 4 in. inset chor assembly that is being considered for for ground anchor head from edge of floor or installation. The torque wrench is placed on wall. the top of the probe. The torque wrench is 3. Table is based on main rail (I-beam) used to rotate the probe steadily so one can spacing per given column. read the scale on the wrench. If the torque 4. Table is based on maximum 4 in. eave wrench reads 551 inch-pounds or greater, width for single-section homes and max- then a Class 2 soil is present according to the imum 12 in. for multi-section homes. Table to 24 CFR 3285.202(a)(3). A Class 3 soil 5. Table is based on maximum 20-degree roof pitch (4.3/12). is from 351 to 550 inch-pounds. A Class 4A soil 6. All manufactured homes designed to be is from 276 to 350 inch-pounds, and a Class 4B located in Wind Zone III must have a soil is from 175 to 275 inch-pounds. When the vertical tie installed at each diagonal tie lo- torque wrench reading is below 175 inch- cation. pounds, a professional engineer should be 7. Table is based upon the minimum height consulted. between the ground and the bottom of the [72 FR 59362, Oct. 19, 2007, as amended at 79 floor joist being 18 inches. Interpolation may FR 53614, Sept. 10, 2014] be required for other heights from ground to strap attachment. 8. Additional tie downs may be required § 3285.403 Sidewall, over-the-roof, per the home manufacturer instructions. mate-line, and shear wall straps. 9. Ground anchors must be certified by a If sidewall, over-the-roof, mate-line, professional engineer, or registered archi- or shear wall straps are installed on tect, or listed by a nationally recognized testing laboratory. the home, they must be connected to 10. Ground anchors must be installed to an anchoring assembly. their full depth, and stabilizer plates, if required by the ground anchor listing or cer- § 3285.404 Severe climatic conditions. tification, must also be installed in accordance with the listing or certification and per In frost-susceptible soil locations, the ground anchor and home manufacturer ground anchor augers must be installed instructions. below the frost line, unless the founda- 11. Strapping and anchoring equipment tion system is frost-protected to pre- must be certified by a registered professional vent the effects of frost heave, in ac- engineer or registered architect or must be cordance with acceptable engineering listed by a nationally recognized testing agency to resist these specified forces, in ac- practice and § 3280.306 of this chapter cordance with testing procedures in ASTM D and § 3285.312. 3953–97, Standard Specification for Strap- ping, Flat Steel and Seals (incorporated by § 3285.405 Severe wind zones. reference, see § 3285.4). 12. A reduced ground anchor or strap work- When any part of a home is installed ing load capacity will require reduced tie- within 1,500 feet of a coastline in Wind down strap and anchor spacing. Zones II or III, the manufactured home 13. Ground anchors must not be spaced must be designed for the increased re- closer than the minimum spacing permitted quirements, as specified on the home’s by the listing or certification. data plate (refer to § 3280.5(f) of this 14. Table is based on a 3,150 lbs. working load capacity, and straps must be placed chapter) in accordance with acceptable within 2 ft. of the ends of the home. engineering practice. Where site or 15. Table is based on a minimum angle of 30 other conditions prohibit the use of the degrees and a maximum angle of 60 degrees manufacturer’s instructions, a reg- between the diagonal strap and the ground. istered professional engineer or reg- 16. Table does not consider flood or seismic loads and is not intended for use in flood or istered architect, in accordance with seismic hazard areas. In those areas, the an- acceptable engineering practice, must chorage system is to be designed by a profes- design anchorage for the special wind sional engineer or architect. conditions.

APPENDIX TO § 3285.402 § 3285.406 Flood hazard areas. Torque Probe Method for determining soil Refer to § 3285.302 for anchoring re- classification: This kit contains a 5-foot long quirements in flood hazard areas. steel earth-probe rod, with a helix at the end. It resembles a wood-boring bit on a larg-

241

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00251 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.501 24 CFR Ch. XX (4–1–19 Edition)

Subpart F—Optional Features circuit rating on the tag adjacent to this outlet must be equal to or greater § 3285.501 Home installation manual than the minimum circuit amperage supplements. identified on the equipment rating Supplemental instructions for op- plate. tional equipment or features must be (iii) A-coil units. (A) A-coil air condi- approved by the DAPIA as not taking tioning units must be compatible and the home out of conformance with the listed for use with the furnace in the requirements of this part, or part 3280 home and installed in accordance with of this chapter, and included with the the appliance manufacturer’s instruc- manufacturer installation instructions. tions. (B) The air conditioner manufacturer § 3285.502 Expanding rooms. instructions must be followed. The support and anchoring systems (C) All condensation must be directed for expanding rooms must be installed beyond the perimeter of the home by in accordance with designs provided by means specified by the equipment man- the home manufacturer or prepared by ufacturer. a registered professional engineer or (2) Heat pumps. Heat pumps must be registered architect, in accordance listed or certified by a nationally rec- with acceptable engineering practice. ognized testing agency for the application for which the unit is intended and § 3285.503 Optional appliances. installed in accordance with the terms (a) Comfort cooling systems. When not of its listing or certification. (See provided and installed by the home § 3280.714 of this chapter). manufacturer, any comfort cooling sys- (3) Evaporative coolers. (i) A roof- tems that are installed must be in- mounted cooler must be listed or cer- stalled according to the appliance man- tified by a nationally recognized test- ufacturer’s installation instructions. ing agency for the application for (1) Air conditioners. Air conditioning which the unit is intended and in- equipment must be listed or certified stalled in accordance with the terms of by a nationally recognized testing its listing (see § 3280.714 of this chap- agency for the application for which ter). the unit is intended and installed in ac- (A) Any discharge grill must not be cordance with the terms of its listing closer than three feet from a smoke or certification (see § 3280.714 of this alarm. chapter). (B) Before installing a roof-mounted (i) Energy efficiency. (A) Site-installed evaporative cooler on-site, the in- central air conditioning equipment staller must ensure that the roof will must be sized to meet the home’s heat support the weight of the cooler. gain requirement, in accordance with (C) A rigid base must be provided to Chapter 28 of the 1997 ASHRAE Hand- distribute the cooler weight over mul- book of Fundamentals (incorporated by tiple roof trusses to adequately support reference, see § 3285.4) or ACCA Manual the weight of the evaporative cooler. J, Residential Cooling Load, 8th Edi- (ii) An evaporative cooler that is not tion (incorporated by reference, see roof-mounted is to be installed in ac- § 3285.4). Information necessary to cal- cordance with the requirements of its culate the home’s heat gain can be listing or the equipment manufactur- found on the home’s comfort cooling er’s instructions, whichever is the certificate. more restrictive. (B) The BTU/hr. rated capacity of the (b) Fireplaces and wood-stoves. When site-installed air conditioning equip- not provided by the home manufac- ment must not exceed the air distribu- turer, fireplaces and wood-stoves in- tion system’s rated BTU/hr. capacity cluding chimneys and air inlets for as shown on the home’s compliance fireplaces and wood stoves must be list- certificate. ed for use with manufactured homes (ii) Circuit rating. If a manufactured and must be installed in accordance home is factory-provided with an exte- with their listings. rior outlet to energize heating and/or (c) Appliance venting. (1) All fuel air conditioning equipment, the branch burning heat producing appliances of

242

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.505

the vented type except ranges and home’s exterior and through any skirt- ovens must be vented to the exterior of ing that may be installed. the home. (d) Clothes dryer exhaust duct system. (2) Upon completion, the venting sys- A clothes dryer exhaust duct system tem must comply with all require- must conform with and be completed in ments of §§ 3280.707(b) and 3280.710 of the accordance with the appliance manu- Manufactured Home Construction and facturer instructions and § 3280.708 of Safety Standards in this chapter. this chapter. The vents must exhaust to the exterior of the home, beyond (3) When the vent exhausts through any perimeter skirting installed the floor, the vent must not terminate around it, as shown in Figure to under the home and must extend to the § 3285.503.

NOTES: 1. Installation of the exhaust sys- for Use Category 4A, Ground Anchor tem must be in accordance with the dryer Contact Applications, or be naturally manufacturer instructions. resistant to decay and termite infesta- 2. Dryer exhaust system must not contain reverse slope or terminate under the home. tions. (d) Skirting must not be attached in § 3285.504 Skirting. a manner that impedes the contraction (a) Skirting, if used, must be of and expansion characteristics of the weather-resistant materials or pro- home’s exterior covering. vided with protection against weather deterioration at least equivalent to § 3285.505 Crawlspace ventilation. that provided by a coating of zinc on (a) A crawlspace with skirting must steel of not less than 0.30 oz./ft.2 of sur- be provided with ventilation openings. face coated. The minimum net area of ventilation (b) Skirting must not be attached in openings must not be less than one a manner that can cause water to be square foot (ft.2) for every 150 square trapped between the siding and trim or feet (ft.2) of the home’s floor area. The forced up into the wall cavities trim to total area of ventilation openings may which it is attached. be reduced to one square foot (ft.2) for (c) All wood skirting within 6 inches every 1,500 square feet (ft.2) of the of the ground must be pressure-treated home’s floor area, where a uniform 6– in accordance with AWPA Standard U1 mil polyethylene sheet material or (incorporated by reference, see § 3285.4)

243

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.017 § 3285.601 24 CFR Ch. XX (4–1–19 Edition)

other acceptable vapor retarder is in- § 3285.603 Water supply. stalled, according to § 3285.204, on the (a) Crossover. Multi-section homes ground surface beneath the entire floor area of the home. with plumbing in both sections require (b) Ventilation openings must be water-line crossover connections to placed as high as practicable above the join all sections of the home. The ground. crossover design requirements are lo- (c) Ventilation openings must be located in, and must be designed in ac- cated on at least two opposite sides to cordance with, § 3280.609 of this chapter. provide cross-ventilation. (b) Maximum supply pressure and re- (d) Ventilation openings must be cov- duction. When the local water supply ered for their full height and width pressure exceeds 80 psi to the manufac- with a perforated corrosion and weath- tured home, a pressure-reducing valve er-resistant covering that is designed must be installed. to prevent the entry of rodents. In (c) Mandatory shutoff valve. (1) An areas subject to freezing, the coverings identified and accessible shutoff valve for the ventilation openings must also must be installed between the water be of the adjustable type, permitting supply and the inlet. them to be in the open or closed posi- (2) The water riser for the shutoff tion, depending on the climatic condi- valve connection must be located un- tions. derneath or adjacent to the home. (e) Access opening(s) not less than 18 (3) The shutoff valve must be a full- inches in width and 24 inches in height flow gate or ball valve, or equivalent and not less than three square feet valve. (ft.2) in area must be provided and (d) Water line must be located so that any utility Freezing protection. connections located under the home crossovers completed during installa- are accessible. tion must be protected from freezing. (f) Dryer vents and combustion air The freeze protection design require- inlets must pass through the skirting ments are located in, and must be de- to the outside. Any surface water run- signed in accordance with, § 3280.603 of off from the furnace, air conditioning, this chapter. or water heater drains must be directed (1) If subject to freezing tempera- away from under the home or collected tures, the water connection must be by other methods identified in wrapped with insulation or otherwise § 3285.203. protected to prevent freezing. (2) In areas subject to freezing or sub- Subpart G—Ductwork and Plumb- freezing temperatures, exposed sec- ing and Fuel Supply Systems tions of water supply piping, shutoff valves, pressure reducers, and pipes in § 3285.601 Field assembly. water heater compartments must be Home manufacturers must provide insulated or otherwise protected from specific installation instructions for freezing. the proper field assembly of manufac- (3) Use of pipe heating cable. Only pipe turer-supplied and shipped loose ducts, heating cable listed for manufactured plumbing, and fuel supply system parts home use is permitted to be used, and that are necessary to join all sections it must be installed in accordance with of the home and are designed to be lo- the cable manufacturer installation in- cated underneath the home. The instal- structions. lation instructions must be designed in (e) Testing procedures. (1) The water accordance with applicable require- system must be inspected and tested ments of part 3280, subparts G and H, of for leaks after completion at the site. this chapter, as specified in this sub- The installation instructions must pro- part. vide testing requirements that are consistent with § 3280.612 of this chapter. § 3285.602 Utility connections. (2) The water heater must be discon- Refer to § 3285.904 for considerations nected when using an air-only test. for utility system connections.

244

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3285.605

§ 3285.604 Drainage system. (c) Proper slopes. Drains must be com- (a) Crossovers. Multi-section homes pleted in accordance with § 3280.610 of with plumbing in more than one sec- this chapter. tion require drainage system crossover (1) Drain lines must not slope less connections to join all sections of the than one-quarter inch per foot, unless home. The crossover design require- otherwise noted on the schematic dia- ments are located in, and must be de- gram, as shown in Figure to § 3285.604. signed in accordance with, § 3280.610 of (2) A slope of one-eight inch per foot this chapter. may be permitted when a clean-out is (b) Assembly and support. If portions installed at the upper end of the run. of the drainage system were shipped (d) Testing procedures. The drainage loose because they were necessary to system must be inspected and tested join all sections of the home and de- for leaks after completion at the site. signed to be located underneath the The installation instructions must pro- home, they must be installed and sup- vide testing requirements that are con- ported in accordance with § 3280.608 of sistent with § 3280.612 of this chapter. this chapter.

§ 3285.605 Fuel supply system. ceed this pressure, a regulator must be installed if required by the LAHJ. (a) Proper supply pressure. The gas piping system in the home is designed (b) Crossovers. (1) Multi-section for a pressure that is at least 7 inches homes with fuel supply piping in both sections require crossover connections of water column [4oz./in.2 or 0.25 psi] and not more than 14 inches of water to join all sections of the home. The crossover design requirements are lo- column [8 oz./in.2 or 0.5 psi]. If gas from any supply source exceeds, or could ex- cated in, and must be designed in accordance with, § 3280.705 of this chapter.

245

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.018 § 3285.606 24 CFR Ch. XX (4–1–19 Edition)

(2) Tools must not be required to con- galvanized sheet metal screws equally nect or remove the flexible connector spaced around the collar. quick-disconnect. (d) Air conditioning or heating ducts (c) Testing procedures. The gas system must be installed in accordance with must be inspected and tested for leaks applicable requirements of the duct after completion at the site. The in- manufacturer installation instructions. stallation instructions must provide (e) The duct must be suspended or testing requirements that are con- supported above the ground by straps sistent with § 3280.705 of this chapter. or other means that are spaced at a maximum distance not to exceed 4′–0″ § 3285.606 Ductwork connections. or as otherwise permitted by the in- (a) Multi-section homes with duct- stallation instructions. When straps work in more than one section require are used to support a flexible type crossover connections to complete the duct, the straps must be at least 1⁄2″ duct system of the home. All ductwork wider than the spacing of the metal connections, including duct collars, spirals encasing the duct. The ducts must be sealed to prevent air leakage. must be installed such that the straps Galvanized metal straps or tape and cannot slip between any two spirals mastics listed to UL 181A (incorporated and arranged under the floor to prevent by reference, see § 3285.4), for closure compression or kinking in any loca- systems with rigid air ducts and con- tion, as shown in Figures A and B to nectors, or UL 181B (incorporated by this section. In-floor crossover ducts reference, see § 3285.4), for closure sys- are permitted, in accordance with tems with flexible air ducts and con- § 3285.606(g). nectors, must be used around the duct (f) Crossover ducts outside the ther- collar and secured tightly to make all mal envelope must be insulated with connections. materials that conform to designs con- (b) If metal straps are used, they sistent with part 3280, subpart F of this must be secured with galvanized sheet chapter. metal screws. (g) In-floor or ceiling crossover duct (c) Metal ducts must be fastened to connections must be installed and the collar with a minimum of three sealed to prevent air leakage.

NOTES: 1. This system is typically used necessary for two flexible ducts to be in- when a crossover duct has not been built into stalled. the floor and the furnace is outside the I– 2. The crossover duct must be listed for ex- Beam. With this type of installation, it is terior use.

246

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.019 Office of Asst. Sec. for Housing, HUD § 3285.702

NOTES: 1. This system is typically used fixture-grounding wire must be used. when a crossover duct has not been built into The identified conductor must be the the floor and the furnace is situated directly neutral conductor. over the main duct in one section of the home. A single flexible duct is then used to (c) Where lighting fixtures are connect the two sections to each other. mounted on combustible surfaces such 2. The crossover duct must be listed for ex- as hardboard, a limited combustible or terior use. noncombustible ring, as shown in Fig- ures A and B to this section, must be Subpart H—Electrical Systems and installed to completely cover the com- Equipment bustible surface exposed between the fixture canopy and the wiring outlet § 3285.701 Electrical crossovers. box. (d) Exterior lights. (1) The junction Multi-section homes with electrical box covers must be removed and wire- wiring in more than one section re- to-wire connections must be made quire crossover connections to join all using listed wire connectors. sections of the home. The crossover must be designed in accordance with (2) Wires must be connected black-to- part 3280, subpart I of this chapter, and black, white-to-white, and equipment completed in accordance with the di- ground-to-equipment ground. rections provided in the installation in- (3) The wires must be pushed into the structions. box, and the lighting fixture must be secured to the junction box. § 3285.702 Miscellaneous lights and fix- (4) The lighting fixture must be tures. caulked around its base to ensure a wa- (a) When the home is installed, exte- tertight seal to the sidewall. rior lighting fixtures, ceiling-sus- (5) The light bulb must be installed pended (paddle) fans, and chain-hung and the globe must be attached. lighting fixtures are permitted to be (e) Ceiling fans. (1) Ceiling-suspended installed in accordance with their list- (paddle) fans must be connected to ings and part 3280, subpart I of this junction box listed and marked for chapter. ceiling fan application, in accordance (b) Grounding. (1) All the exterior with Article 314.27(b) of the National lighting fixtures and ceiling fans in- Electrical Code, NFPA No. 70–2005 (installed per § 3285.702(a) must be ground- corporated by reference, see § 3285.4); ed by a fixture-grounding device or by and a fixture-grounding wire. (2) The ceiling fan must be installed (2) For chain-hung lighting fixtures, with the trailing edges of the blades at as shown in Figure A to this section, least 6 feet 4 inches above the finished both a fixture-grounding device and a floor; and

247

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.020 § 3285.702 24 CFR Ch. XX (4–1–19 Edition)

(3) The wiring must be connected in (i) An electrical continuity test to accordance with the product manufac- ensure that metallic parts are effec- turer installation instructions. tively bonded; (f) Testing. (1) After completion of all (ii) Operational tests of all devices electrical wiring and connections, in- and utilization equipment, except cluding crossovers, electrical lights, water heaters, electric ranges, electric and ceiling fans, the electrical system furnaces, dishwashers, clothes washers/ must be inspected and tested at the dryers, and portable appliances, to site, in accordance with the testing re- demonstrate that they are connected and in working order; and quirements of § 3280.810(b) of this chap- (iii) For electrical equipment inter. stalled or completed during installa- (2) The installation instructions tion, electrical polarity checks must be must indicate that each manufactured completed to determine that connec- home must be subjected to the fol- tions have been made properly. Visual lowing tests: verification is an acceptable electrical polarity check.

248

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00258 Fmt 8010 Sfmt 8006 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.021 Office of Asst. Sec. for Housing, HUD § 3285.801

[72 FR 59362, Oct. 19, 2007; 72 FR 62308, Nov. 2, (b) Joints and seams. All joints and 2007] seams in exterior wall coverings that were disturbed during location of the § 3285.703 Smoke alarms. home must be made weatherproof. Smoke alarms must be functionally (c) Prior to installing the siding, the tested in accordance with applicable polyethylene sheeting covering exte- requirements of the smoke alarm man- rior walls for transit must be com- ufacturer instructions and must be pletely removed. consistent with § 3280.208 of this chap- (d) Prior to completing the exterior ter. close-up, any holes in the roofing must be made weatherproof and sealed with § 3285.704 Telephone and cable TV. a sealant or other material that is suit- Refer to § 3285.906 for considerations able for use with the roofing in which pertinent to installation of telephone the hole is made. and cable TV. (e) Mate-line gasket. The home manufacturer must provide materials and designs for mate-line gaskets or other Subpart I—Exterior and Interior methods designed to resist the entry of Close-Up air, water, water vapor, insects, and rodents at all mate-line locations ex- § 3285.801 Exterior close-up. posed to the exterior (see Figure B to (a) Exterior siding and roofing nec- this section). essary to join all sections of the home (f) Hinged roofs and eaves. Hinged must be installed according to the roofs and eaves must be completed dur- product manufacturer installation ining installation in compliance with all structions and must be fastened in ac- requirements of the Manufactured cordance with designs and manufac- Home Construction and Safety Stand- turer instructions, consistent with ards (24 CFR part 3280) and the Manu- §§ 3280.305 and 3280.307 of this chapter. factured Home Procedural and Enforce- Exterior close-up strips/trim must be ment Regulations (24 CFR part 3282). fastened securely and sealed with exte- Unless exempted by the following pro- rior sealant (see figure A to this sec- visions, hinged roofs are also subject to tion). a final inspection for compliance with

249

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.022 § 3285.801 24 CFR Ch. XX (4–1–19 Edition)

the Manufactured Home Construction (1) That are designed to be located in and Safety Standards (24 CFR part Wind Zone I; 3280) by the IPIA or a qualified inde- (2) In which the roof pitch of the pendent inspector acceptable to the hinged roof is less than 7:12, including IPIA. Homes with hinged roofs that are designs incorporating peak cap con- exempted from IPIA inspection are instruction or peak flip construction; and stead to be completed and inspected in (3) In which fuel burning appliance accordance with the Manufactured flue penetrations are not above the Home Installation Program (24 CFR hinge. part 3286). This includes homes:

NOTES: 1. Multi-section homes with hori- trim, and vents may be shipped loose in the zontal-lap siding can be shipped with no sid- home for installation on set-up. ing on the front and rear end walls. 3. All home installers must ensure that all 2. The manufacturer must install doors/ field installed trim, windows, doors, and windows trimmed with J-rail or the equiva- other openings are properly sealed according lent and protect all exposed materials not to the siding manufacturer installation in- designed for exposure to the weather with structions. plastic sheeting for transport. Siding, starter

250

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00260 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.023 Office of Asst. Sec. for Housing, HUD § 3285.803

NOTE: On multi-section manufactured (2) The home sections are in contact homes, install the sealer gasket on the ceil- with each other; and ing, end walls, and floor mate-line prior to (3) The mating gasket is providing a joining the sections together. proper seal. All such gaps must be [72 FR 59362, Oct. 19, 2007, as amended at 80 shimmed with dimensional lumber, and FR 53731, Sept. 8, 2015] fastener lengths used to make connections between the structural elements § 3285.802 Structural interconnection must be increased to provide adequate of multi-section homes. penetration into the receiving member. (a) For multi-section homes, structural interconnections along the inte- § 3285.803 Interior close-up. rior and exterior at the mate-line are (a) All shipping blocking, strapping, necessary to join all sections of the or bracing must be removed from appli- home. ances, windows, and doors. (b) Structural interconnection must (b) Interior close up items necessary be designed in accordance with the re- to join all sections of the home or quirements located in § 3280.305 of this items subject to transportation dam- chapter to ensure a completely inte- age may be packaged or shipped with grated structure. the home for site installation. (c) Upon completion of the exterior (c) Shipped-loose wall paneling nec- close-up, no gaps are permitted be- essary for the joining of all sections of tween the structural elements being the home must be installed by using interconnected along the mate-line of polyvinyl acetate (PVA) adhesive on multi-section homes. However, prior to all framing members and fastened with completion of the exterior close-up, minimum 11⁄2 inch long staples or nails gaps that do not exceed one inch are at 6 inches on center panel edges and 12 permitted between structural elements inches on center in the field, unless al- provided: ternative fastening methods are per- (1) The gaps are closed before comple- mitted in the installation instructions tion of close-up; (see Figure A to § 3285.803).

251

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.024 § 3285.804 24 CFR Ch. XX (4–1–19 Edition)

NOTE: Specific designs must be approved by Subpart J—Optional Information a DAPIA and included in the home manufacturer installation instructions. for Manufacturer’s Installation Instructions § 3285.804 Bottom board repair. § 3285.901 General. (a) The bottom board covering must The planning and permitting proc- be inspected for any loosening or areas esses, as well as utility connection, ac- that might have been damaged or torn cess, and other requirements, are out- during installation or transportation. side of HUD’s authority and may be Any missing insulation is to be re- governed by LAHJs. These Model In- placed prior to closure and repair of stallation Standards do not attempt to the bottom board. comprehensively address such require- (b) Any splits or tears in the bottom ments. However, HUD recommends board must be resealed with tape or that the manufacturer’s installation patches in accordance with methods instructions include the information provided in the manufacturers installa- and advisories in this Subpart J, in tion instructions. order to protect the manufactured (c) Plumbing P-traps must be home, as constructed in accordance checked to be sure they are well-insu- with the MHCSS. lated and covered. § 3285.902 Moving manufactured home (d) All edges of repaired areas must to location. be taped or otherwise sealed. It is recommended that the installation instructions indicate that the LAHJ be informed before moving the manufactured home to the site. It is

252

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.025 Office of Asst. Sec. for Housing, HUD § 3285.904

also recommended that the installation prior to making any utility system instructions indicate that the manu- connection: factured home is not to be moved to (1) Where an LAHJ and utility serv- the site until the site is prepared in ac- ices are available, that the LAHJ and cordance with subpart C of this part all utility services each be consulted and when the utilities are available as before connecting the manufactured required by the LAHJ. Examples of re- home to any utilities, or lated areas that might be addressed in (2) Where no LAHJ exists and utility the installation instructions for meet- services are available, that the utili- ing this recommendation include: ties be consulted before connecting the (a) Access for the transporter. Before manufactured home to any utility attempting to move a home, ensure service; or that the transportation equipment and (3) In rural areas where no LAHJ or home can be routed to the installation utility services are available, that a site and that all special transportation permits required by the LAHJ have professional be consulted prior to mak- been obtained. ing any system connections. (b) Drainage structures. Ditches and (b) Qualified personnel. Only qualified culverts used to drain surface runoff personnel familiar with local require- meet the requirements of the LAHJ ments are permitted to make utility and are considered in the overall site site connections and conduct tests. preparation. (c) Drainage system. The main drain line must be connected to the site’s § 3285.903 Permits, alterations, and on- sewer hookup, using an elastomeric site structures. coupler or by other methods acceptable It is recommended that the installa- to the LAHJ, as shown in Figure A to tion instructions include the following this section. information related to permits, alter- (d) Fuel supply system. (1) Conversion ations, and on-site structures: of gas appliances. A service person ac- (a) Issuance of permits. All necessary ceptable to the LAHJ must convert the LAHJ fees should be paid and permits appliance from one type of gas to an- should be obtained, which may include other, following instructions by the verification that LAHJ requirements manufacturer of each appliance. regarding encroachments in streets, (2) Orifices and regulators. Before yards, and courts are obeyed and that making any connections to the site permissible setback and fire separation supply, the inlet orifices of all gas- distances from property lines and pub- burning appliances must be checked to lic roads are met. ensure they are correctly set up for the (b) Alterations. Prior to making any type of gas to be supplied. alteration to a home or its installa- (3) Connection procedures. Gas-burning tion, contact the LAHJ to determine if appliance vents must be inspected to plan approval and permits are required. ensure that they are connected to the (c) Installation of on-site structures. appliance and that roof jacks are prop- Each accessory building and structure erly installed and have not come loose is designed to support all of its own during transit. live and dead loads, unless the structure, including any attached garage, (4) Gas appliance start-up procedures. carport, deck, and porch, is to be at- The LAHJ should be consulted con- tached to the manufactured home and cerning the following gas appliance is otherwise included in the installa- startup procedures: tion instructions or designed by a reg- (i) One at a time, opening equipment istered professional engineer or reg- shutoff valves, lighting pilot lights istered architect. when provided, and adjusting burners and spark igniters for automatic igni- § 3285.904 Utility system connections. tion systems, in accordance with each (a) It is recommended that the manu- appliance manufacturer instructions. facturer’s installation instructions in- (ii) Checking the operation of the dicate the following procedures be used furnace and water heater thermostats.

253

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3285.905 24 CFR Ch. XX (4–1–19 Edition)

NOTE: Fittings in the drainage system that for the Installation of Oil Burning are subject to freezing, such as P-traps in the Equipment, 2001 (incorporated by ref- floor, are protected with insulation by the erence, see § 3285.4) or the requirements manufacturer. Insulation must be replaced if of the LAHJ, whichever is more strin- it is removed for access to the P-trap. gent. § 3285.905 Heating oil systems. § 3285.906 Telephone and cable TV. It is recommended that the installation instructions include the following It is recommended that the installa- information related to heating oil sys- tion instructions explain that tele- tems, when applicable: phone and cable TV wiring should be (a) Homes equipped with oil burning installed in accordance with require- furnaces should have their oil supply ments of the LAHJ and the National tank and piping installed and tested Electrical Code, NFPA No. 70–2005 (in- on-site, in accordance with NFPA 31, corporated by reference, see § 3285.4). Standard for the Installation of Oil § 3285.907 Manufacturer additions to Burning Equipment, 2001 (incorporated installation instructions. by reference, see § 3285.4) or the LAHJ, whichever is more stringent. A manufacturer may include in its (b) The oil burning furnace manufac- installation instructions items that are turer’s instructions should be con- not required by this chapter as long as sulted for pipe size and installation the items included by the manufac- procedures. turer are consistent with the Model In- (c) Oil storage tanks and pipe instal- stallation Standards in this part and lations should meet all applicable local do not take the manufactured home regulations. out of compliance with the MHCSS. (d) Tank installation requirements. (1) The tank should be located where it is PART 3286—MANUFACTURED accessible to service and supply and HOME INSTALLATION PROGRAM where it is safe from fire and other hazards. Subpart A—Generally Applicable (2) In flood hazard areas, the oil stor- Provisions and Requirements age tank should be anchored and elevated to or above the design flood ele- Sec. vation, or anchored and designed to 3286.1 Purpose. prevent flotation, collapse, or perma- 3286.2 Applicability. nent lateral movement during the de- 3286.3 Definitions. 3286.5 Overview of installation program. sign flood. 3286.7 Consumer information. (3) Leak test procedure. Before the sys- 3286.9 Manufacturer shipment responsibil- tem is operated, it should be checked ities. for leaks in the tank and supply piping, 3286.11 Temporary storage of units. in accordance with NFPA 31, Standard 3286.13 Waiver of rights invalid.

254

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR ER19OC07.026 Office of Asst. Sec. for Housing, HUD § 3286.1

3286.15 Consultation with the Manufactured 3286.503 Inspection required. Housing Consensus Committee (MHCC). 3286.505 Minimum elements to be inspected. 3286.507 Verifying installation. Subpart B—Certification of Installation in 3286.509 Reinspection upon failure to pass. HUD-Administered States 3286.511 Inspector qualifications. 3286.101 Purpose. Subpart G—Retailer Responsibilities in 3286.102 Information provided by manufac- HUD-Administered States turer. 3286.103 DAPIA-approved installation in- 3286.601 Purpose. structions. 3286.603 At or before sale. 3286.105 Requirement for installer licensing. 3286.605 After sale. 3286.107 Installation in accordance with 3286.607 Recordkeeping. standards. 3286.109 Inspection requirements—gen- Subpart H—Oversight and Enforcement in erally. HUD-Administered States 3286.111 Installer certification of installation. 3286.701 Purpose. 3286.113 Information provided by retailer. 3286.703 Failure to comply. 3286.115 Date of installation. 3286.705 Applicability of dispute resolution 3286.117 Completion of sale date. program.

Subpart C—Installer Licensing in HUD- Subpart I—State Programs Administered States 3286.801 Purpose. 3286.201 Purpose. 3286.803 State qualifying installation pro- 3286.203 Installation license required. grams. 3286.205 Prerequisites for installation li- 3286.805 Procedures for identification as cense. qualified installation program. 3286.207 Process for obtaining installation 3286.807 Recertification required. license. 3286.809 Withdrawal of qualifying installa- 3286.209 Denial, suspension, or revocation of tion program status. installation license. 3286.811 Effect on other manufactured hous- 3286.211 Expiration and renewal of installa- ing program requirements. tion licenses. 3286.813 Inclusion in state plan. AUTHORITY: 42 U.S.C. 3535(d), 5404, and 5424. Subpart D—Training of Installers in HUD- Administered States SOURCE: 73 FR 35292, June 20, 2008, unless otherwise noted. 3286.301 Purpose. 3286.303 Responsibilities of qualified train- Subpart A—Generally Applicable ers. 3286.305 Installation trainer criteria. Provisions and Requirements 3286.307 Process for obtaining trainer’s qualification. § 3286.1 Purpose. 3286.308 Training curriculum. (a) Purpose. The purpose of this part 3286.309 Continuing education—trainers and is to establish the regulations that are curriculum. applicable to HUD’s administration of 3286.311 Suspension or revocation of train- an installation program that meets the er’s qualification. 3286.313 Expiration and renewal of trainer requirements of sections 602 (42 U.S.C. qualification. 5401) and 605 (42 U.S.C. 5404) of the Na- tional Manufactured Housing Construc- Subpart E—Installer Responsibilities of tion and Safety Standards Act of 1974. Installation in HUD-Administered States The purpose of this subpart A is to establish the regulations that are appli- 3286.401 Purpose. 3286.403 Licensing requirements. cable with respect to all manufactured 3286.405 Installation suitability. homes before they are sold to a pur- 3286.407 Supervising work of crew. chaser. The requirements in subpart A 3286.409 Obtaining inspection. apply regardless of whether the actual 3286.411 Certifying installation. installation of a manufactured home is 3286.413 Recordkeeping. regulated by HUD or a state with a qualifying installation program. Subpart F—Inspection of Installations in (b) Implementation. This part is effec- HUD-Administered States tive on October 20, 2008. Implementa- 3286.501 Purpose. tion will be undertaken in accordance

255

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00265 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.2 24 CFR Ch. XX (4–1–19 Edition)

with the phased-in schedule provided § 3286.111, that indicates that the manu- by notice published in the FEDERAL factured home has been installed in REGISTER. compliance with the appropriate design and instructions and has been in- § 3286.2 Applicability. spected as required by this part. (a) All states. The requirements in Defect means any defect in the per- subpart A are applicable in all states. formance, construction, components, (b) States without installation pro- or material of a manufactured home grams. The requirements in subparts B that renders the home or any part through H of this part are applicable thereof not fit for the ordinary use for only in those states where HUD is ad- which it was intended. ministering an installation program in Design Approval Primary Inspection accordance with this part. Agency (DAPIA) means a state agency (c) States with installation programs. or private organization that has been The requirements in subpart I of this accepted by the Secretary, in accord- part are applicable to only those states ance with the requirement of subpart H that want to administer their own in- of part 3282, to evaluate and either ap- stallation programs in lieu of the in- prove or disapprove manufactured stallation program administered by home designs and quality control pro- HUD in accordance with this part. cedures. (d) Exclusion. None of the require- Distributor means any person engaged ments of this part apply to: in the sale and distribution of manu- (1) Any structure that a manufac- factured homes for resale. turer certifies as being excluded from the coverage of the Act in accordance HUD means the United States De- with § 3282.12 of this chapter; or partment of Housing and Urban Devel- (2) Temporary housing units provided opment. under the Robert T. Stafford Disaster HUD-administered installation program Relief and Emergency Assistance Act means the installation program to be (42 U.S.C. 5121 et seq.) to victims of administered by HUD, in accordance Presidentially declared disasters, when with this part, in those states that do the manufactured home is installed by not have a qualifying installation pro- persons holding an emergency con- gram. tractor license issued by the state in Installation means completion of which the home is sited or installed by work done specified in § 3286.505 to sta- the Federal Emergency Management bilize, support, anchor, and close up a Agency; or manufactured home and to join sec- (3) Any manufactured home after the tions of a multi-section manufactured initial installation of the home fol- home, when any such work is governed lowing the first purchase of the home by the federal installation standards in in good faith for purposes other than part 3285 of this chapter or by state in- resale. State installation programs stallation standards that are certified may regulate subsequent installations as part of a qualifying installation proof manufactured homes. gram. (4) Any manufactured home installed Installation defect means any defect in on Indian reservations. the performance, installation, installation components, installation mate- § 3286.3 Definitions. rial, or close-up of a manufactured The following definitions apply in home that renders the home or any this part, except as otherwise noted in part thereof not fit for the ordinary use the regulations in this part: for which it was intended or otherwise Act means the National Manufac- takes the home out of compliance with tured Housing Construction and Safety the Manufactured Home Construction Standards Act of 1974, 42 U.S.C. 5401– and Safety Standards in 24 CFR part 5425. 3280. Certification of installation means the Installation design means drawings, certification, provided by an installer specifications, sketches, and the re- under the HUD-administered installa- lated engineering calculations, tests, tion program in accordance with and data in support of the installation

256

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00266 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3286.3

configurations and systems to be incor- heating, air-conditioning, and elec- porated in the installation of manufac- trical systems contained therein. The tured homes. term also includes any structure that Installation instructions means meets all the requirements of this DAPIA-approved instructions provided paragraph except the size requirements by the home manufacturer that accom- and with respect to which the manufac- pany each new manufactured home and turer voluntarily files a certification detail the home manufacturer require- pursuant to § 3282.13 of this chapter and ments for support and anchoring sys- complies with the installation stand- tems and other work completed at the ards established under part 3285 and installation site to comply with the the construction and safety standards Model Manufactured Home Installation in part 3280 of this chapter, but such Standards in 24 CFR part 3285 and the term does not include any self-pro- Manufactured Home Construction and pelled recreational vehicle. Calcula- Safety Standards in 24 CFR part 3280. tions used to determine the number of Installation standards means the square feet in a structure will include standards established by HUD in 24 the total of square feet for each trans- CFR part 3285, or any set of state portable section comprising the com- standards that the Secretary has deter- pleted structure and will be based on mined provide protection to the resi- the structure’s exterior dimensions dents of manufactured homes that measured at the largest horizontal pro- equals or exceeds the protection projections when erected on-site. These divided by the standards in 24 CFR part mensions will include all expandable 3285. rooms, cabinets, and other projections Installer means the person or entity containing interior space, but do not who is retained to engage in, or who include bay windows. Nothing in this engages in, the business of directing, definition should be interpreted to supervising, controlling, or correcting mean that a manufactured home nec- the initial installation of a manufac- essarily meets the requirements of tured home, as governed by part 3285 of HUD’s Minimum Property Standards this chapter. (HUD Handbook 4900.1) or that it is Installer’s license or installation license automatically eligible for financing means the evidence that an installer under 12 U.S.C. 1709(b). has met the requirements for installing Manufactured Housing Consensus Com- manufactured homes under the HUD- mittee, or MHCC, means the consensus administered installation program. committee established pursuant to sec- The term does not incorporate a state- tion 604(a)(3) of the Act, 42 U.S.C. issued installation license or certifi- 5403(a)(3). cation, except to the extent provided in Manufacturer means any person en- this part. The term does not imply that gaged in manufacturing or assembling HUD approves or recommends an in- manufactured homes, including any staller or warrants the work of an in- person engaged in importing manufac- staller, and should not be used in any tured homes for resale. way that indicates HUD approval in Manufacturer’s certification label violation of 18 U.S.C. 709. means the permanent label that is re- Lessee means the first person who quired by § 3280.11 of this chapter to be leases a manufactured home from a re- affixed to each transportable section of tailer after the initial installation. each manufactured home. Manufactured home means a struc- Person includes, unless the context ture, transportable in one or more sec- indicates otherwise, corporations, com- tions, which, in the traveling mode, is panies, associations, firms, partner- 8 body feet or more in width or 40 body ships, societies, and joint stock compa- feet or more in length, or, when erected nies, as well as individuals, but does on-site, is 320 or more square feet, and not include any agency of government which is built on a permanent chassis or tribal government entity. and designed to be used as a dwelling Professional engineer or registered ar- with or without a permanent founda- chitect means an individual or entity: tion when connected to the required licensed to practice engineering or ar- utilities, and includes the plumbing, chitecture in a state; and subject to all

257

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00267 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.5 24 CFR Ch. XX (4–1–19 Edition)

laws and limitations imposed by the tion program, as established and set state agency that regulates the appli- out in subparts A through H of this cable profession, and who is engaged in part, in a state unless that state ad- the professional practice of rendering ministers its own qualifying installa- service or creative work requiring edu- tion program. The states in which HUD cation, training, and experience in ar- administers an installation program chitecture or engineering sciences and can be identified under this part by re- the application of special knowledge of ferring to a list on a Web site main- the mathematical, physical, and engi- tained by HUD or by calling HUD. For neering sciences in such professional or convenience only, the current URL of creative work as consultation, inves- the Web site is http://www.hud.gov/of- tigation, evaluation, planning or de- fices/hsg/sfh/mhs/mhshome.cfm and the sign, and supervision of construction current toll-free telephone number to for the purpose of securing compliance contact the HUD Office of Manufac- with specifications and design for any tured Housing Programs is 1–800–927– such work. 2891, extension 57. Purchaser means the first person pur- (b) State-administered installation pro- chasing a manufactured home in good grams. States that have qualifying in- faith for purposes other than resale. stallation programs, as established Qualified trainer means a person who through the procedures set out in sub- has met the requirements established part I of this part, will administer in subpart D of this part to be recog- their own programs, except for gen- nized as qualified to provide training to erally applicable requirements in this installers for purposes of the HUD-ad- subpart A. ministered installation program. (c) Manufacturer and retailer require- Qualifying installation program means ments. (1) Manufacturers and retailers an installation program that a state are responsible for compliance of the certifies, in accordance with the re- home with the construction and safety quirements set out in subpart I of this standards in part 3280 of this chapter, part, as meeting the requirements of 42 in accordance with the Act and appli- U.S.C. 5404(c)(3). cable regulations. Manufacturers and Resident means any person residing in retailers must also comply with appli- the manufactured home. cable requirements in this part relat- Retailer means any person engaged in ing to the installation of the manufac- the sale, leasing, or distribution of new tured home. manufactured homes primarily to per- (2) In the installation instructions re- sons who in good faith purchase or quired pursuant to part 3285 of this lease a manufactured home for pur- chapter, the manufacturer must in- poses other than resale, and, for pur- clude instructions for supporting the poses of this part, the term includes manufactured home or sections of any manufacturer or distributor that homes temporarily and protecting the sells a manufactured home directly to interior of the manufactured home or a purchaser. sections of homes from damage, pend- Secretary means the Secretary of ing the first siting of the home for oc- Housing and Urban Development. cupancy. The instructions must be ade- Set up means any assembly or instal- quate to assure that the temporary lation of a manufactured home on-site supports and weatherization used will that includes aspects of work that are be sufficient to prevent the home and governed by parts 3280 or 3285 of this its transportable sections from being chapter. brought out of conformance with the State includes each of the 50 states, construction and safety standards in the District of Columbia, the Common- part 3280 of this chapter if the home or wealth of Puerto Rico, Guam, the Vir- its sections is either: gin Islands, and American Samoa. (i) Stored at any location for more than 30 days; or § 3286.5 Overview of installation pro- (ii) In the possession of any entity for gram. more than 30 days. (a) HUD-administered installation pro- (d) HUD oversight. The Secretary may gram. HUD will administer the installa- take such actions as are authorized by

258

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3286.11

the Act to oversee the system estab- tions and from the U.S. Department of lished by the regulations in this part, Housing and Urban Development; as the Secretary deems appropriate. (5) For all homes, compliance with any additional federal, state, and local § 3286.7 Consumer information. requirements, including a requirement (a) Manufacturer’s consumer manual. for inspection of the installation of the In each consumer manual provided by a home, may involve additional costs to manufacturer as required in § 3282.207 of the purchaser or lessee; and this chapter, the manufacturer must (6) For all homes, a recommendation include a recommendation that any that any home that has been re- home that has been reinstalled after its installed after its original installation original installation should be in- should be professionally inspected after spected after it is set up, in order to as- it is set up, in order to assure that it sure that it has not been damaged and has not been damaged in transit and is is properly installed. properly installed. (b) Retailer disclosures before sale or § 3286.9 Manufacturer shipment release. Prior to execution of the sales sponsibilities. contract to purchase or agreement to (a) Providing information to HUD. At lease a manufactured home, the re- or before the time that each manufac- tailer must provide the purchaser or tured home is shipped by a manufac- lessee with a consumer disclosure. This turer, the manufacturer must provide disclosure must be in a document sepa- HUD, through the Production Inspec- rate from the sales or lease agreement. tion Primary Inspection Agency The disclosure must include the fol- (IPIA), in accordance with § 3282.552 of lowing information, as applicable: this chapter, with information, as ap- (1) When the installation of the home plicable, about: is in a state that administers its own (1) The serial number and manufac- qualifying installation program, the turer’s certification label number of consumer disclosure must clearly state the home; that the home will be required to com- (2) The manufacturer of the home; ply with all state requirements for the and installation of the home; (3) The name and address of the re- (2) When the installation of the home tailer or distributor that has arranged is in a state that does not administer for the home to be shipped. its own qualifying installation pro- (b) Manufacturer’s installation instruc- gram, the consumer disclosure must tions. The manufacturer is required to clearly state that the home will be re- provide with each manufactured home, quired to comply with federal require- installation designs and instructions ments, including installation in ac- for the installation of the manufac- cordance with federal installation tured home that have been approved by standards set forth in 24 CFR part 3285 a DAPIA. A DAPIA must give approval and certification by a licensed installer only if the installation designs and in- of installation work, regardless of structions provide equal or greater pro- whether the work is performed by the tection than the protection provided homeowner or anyone else, and when under the installation standards. certification includes inspection by an appropriate person; § 3286.11 Temporary storage of units. (3) For all homes, the home may also Pursuant to § 3286.5(c), the manufac- be required to comply with additional turer is required to provide instruc- state and local requirements for its in- tions for the temporary support and stallation; protection of the interior from damage (4) For all homes, additional informa- of its manufactured homes or sections tion about the requirements disclosed of homes. Every manufacturer, dis- under paragraphs (b)(1) through (b)(4) tributor, retailer, or installer that has of this section is available from the re- possession of a home is required to sup- tailer and, in the case of the federal report each transportable section of a quirements, is available in part 3286 of manufactured home that is tempo- Title 24 of the Code of Federal Regula- rarily located on a site used by that

259

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00269 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.13 24 CFR Ch. XX (4–1–19 Edition)

manufacturer, distributor, retailer, or § 3286.102 Information provided by installer in accordance with the manu- manufacturer. facturer’s instructions. (a) Shipment of home to retailer or distributor. At the time the manufactured § 3286.13 Waiver of rights invalid. home is shipped to a retailer or dis- Any provision of a contract or agree- tributor, the manufacturer must pro- ment entered into by a manufactured vide notice to the retailer or dis- home purchaser that seeks to waive tributor that tracking information for any recourse to either the HUD instal- the home is being provided to HUD, lation program or a state-qualifying in- and the information must be updated stallation program is void. by the retailer or distributor in accordance with the requirements in § 3286.15 Consultation with the Manu- § 3286.113. Such notice must include all factured Housing Consensus Com- of the information required in mittee (MHCC). § 3286.9(a). The manufacturer is also encouraged to provide notice to the re- The Secretary will seek input from tailer that reminds the retailer of its the MHCC when revising the installa- other responsibilities under this part. tion program regulations in this part (b) Manufacturer’s installation instruc- 3286. Before publication of a proposed tions. The manufacturer is required to rule to revise these regulations, the include in its installation instructions Secretary will provide the MHCC with for the home a notice that the home is a 120-day opportunity to comment on required to be installed in accordance such revision. The MHCC may send to with: the Secretary any of the MHCC’s own (1) An installation design and in- recommendations to adopt new instal- structions that have been provided by lation program regulations or to mod- the manufacturer and approved by the ify or repeal any of the regulations in Secretary directly or through review this part. Along with each rec- by the DAPIA; or ommendation, the MHCC must set (2) An installation design and in- forth pertinent data and arguments in structions that have been prepared and support of the action sought. The Sec- certified by a professional engineer or retary will either: Accept or modify registered architect, that have been approved by the manufacturer and the the recommendation and publish it for DAPIA as providing a level of protec- public comment in accordance with tion for residents of the home that section 553 of the Administrative Pro- equals or exceeds the protection procedure Act (5 U.S.C. 553), along with an vided by the federal installation stand- explanation of the reasons for any such ards in part 3285 of this chapter. modification; or reject the recommendation entirely, and provide to § 3286.103 DAPIA-approved installa- the MHCC a written explanation of the tion instructions. reasons for the rejection. This section (a) Providing instructions to purchaser does not supersede section 605 of the or lessee. (1) For each manufactured National Manufactured Housing Con- home sold or leased to a purchaser or struction and Safety Standards Act. lessee, the retailer must provide the purchaser or lessee with a copy of the Subpart B—Certification of Instal- manufacturer’s DAPIA-approved in- lation in HUD-Administered stallation instructions for the home. (2) If the installation requires a de- States sign that is different from that provided by the manufacturer in para- § 3286.101 Purpose. graph (a)(1) of this section, the instal- The purpose of this subpart B is to lation design and instructions must be establish the systems for tracking and prepared and certified by a professional certifying a manufactured home instal- engineer or registered architect, that lation that is to be completed in ac- have been approved by the manufac- cordance with the HUD-administered turer and the DAPIA as providing a installation program. level of protection for residents of the

260

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00270 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3286.107

home that equals or exceeds the pro- (2) If the installation instructions do tection provided by the federal instal- not comply with the installation stand- lation standards in part 3285 of this ards, the manufacturer is responsible chapter. for any aspect of installation that is (b) Providing instructions to installer. completed in accordance with the in- When the retailer or manufacturer stallation instructions and that does agrees to provide any set up in connec- not comply with the installation stand- tion with the sale of the home, the re- ards. tailer or manufacturer must provide a (3) All installation work must be in copy of the approved installation in- conformance with accepted practices structions required in paragraph (a)(1) to ensure durable, livable, and safe of this section or, as applicable, instal- housing, and must demonstrate accept- lation design and instructions required able workmanship reflecting, at a min- in paragraph (a)(2) of this section to imum, journeyman quality of work of each company or, in the case of sole the various trades. proprietor, to each individual who per- (4) Except as set out in paragraph forms set up or installation work on (a)(2) of this section, all installation the home. defects due to the work of the installer are the responsibility of the installer § 3286.105 Requirement for installer li- or retailer or manufacturer that re- censing. tained the installer and must be cor- (a) Installer Licensing. The installer rected. that installs a manufactured home in a (5) If the manufacturer or retailer re- state that does not have a qualifying tains the installer, they are jointly and installation program must be certified severally responsible with the installer or licensed in accordance with the re- for correcting installation defects. quirements in subpart C of this part. (6) Installation defects must be cor- (b) Use of licensed installer. When the rected within 60 days after the date of retailer or manufacturer agrees to pro- discovery of the installation defect. vide any set up in connection with the (b) Secretarial approval of manufactur- sale or lease of the home, the retailer er’s designs. A manufacturer that seeks or manufacturer must ensure that the a Secretarial determination under installer is licensed in accordance with paragraph (a) of this section that its these regulations. installation designs and instructions provide protection to residents of man- § 3286.107 Installation in accordance ufactured homes that equals or exceeds with standards. the protection provided by the HUD (a) Compliance with installation re- federal installation standards in part quirements. (1) For purposes of deter- 3285 of this chapter must send the re- mining installer compliance, a manu- quest for such determination and a factured home that is subject to the re- copy of the applicable designs and in- quirements of this subpart B must be structions to: Administrator, Office of installed in accordance with: Manufactured Housing Programs, HUD, (i) An installation design and in- 451 Seventh Street, SW., Room 9164, structions that have been provided by Washington, DC 20410–8000, or to a fax the manufacturer and approved by the number or e-mail address obtained by Secretary directly or through review calling the Office of Manufactured by the DAPIA; or Housing Programs at the toll-free tele- (ii) An installation design and in- phone number 1–800–927–2891, extension structions that have been prepared and 57. certified by a professional engineer or (c) Compliance with construction and registered architect, that have been ap- safety standards. The installer must not proved by the manufacturer and the take the home out of compliance with DAPIA as providing a level of protec- the construction and safety standards tion for residents of the home that applicable under part 3280 of this chap- equals or exceeds the protection pro- ter. vided by the federal installation stand- (d) Homeowner installations. The pur- ards in part 3285 of this chapter. chaser of a home sited in a state in

261

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00271 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.109 24 CFR Ch. XX (4–1–19 Edition)

which HUD administers the installa- (3) All installation defects brought to tion program may perform installation the installer’s attention have been cor- work on the home that is in accordance rected. with paragraph (a) of this section, pro- (b) Recipients of certification. The in- vided that the work is certified in ac- staller must provide a signed copy of cordance with § 3286.111. its certification to the retailer that (e) Compliance with construction and contracted with the purchaser or lessee safety standards. This rule does not for the sale or lease of the home, and to alter or affect the requirements of the the purchaser or other person with Act concerning compliance with the whom the installer contracted for the construction and safety standards, and installation work. the implementing regulations in parts 3280 and 3282 of this chapter, which § 3286.113 Information provided by reapply regardless of where the work is tailer. completed. (a) Tracking information. Within 30 days from the time a purchaser or les- § 3286.109 Inspection requirements— see enters into a contract to purchase generally. or lease a manufactured home, the re- The installer or the retailer must ar- tailer or distributor of the home must range for the inspection of the installa- provide HUD with the following infor- tion work on any manufactured home mation: that is sited in a state without a quali- (1) The home’s serial number and fying installation program. Before the manufacturer’s certification label home can be occupied, the installer number; must certify, and the inspector must (2) The name and address of the re- verify, the home as having been in- tailer or distributor that is selling or stalled in conformance with the re- leasing the home; quirements of § 3286.107(a). The require- (3) The state and address where the ments for installer certification are set home is to be sited, and, if known, the out in subpart E of this part. name of the local jurisdiction; and (4) The name of the purchaser or les- § 3286.111 Installer certification of in- see. stallation. (b) Installation information. Within 30 (a) Certification required. When the in- days from the date of installation, the stallation work is complete, a licensed retailer or distributor of the home installer must visit the jobsite and cer- must provide HUD with the following tify that: information: (1) The manufactured home has been (1) The name, address, telephone installed in accordance with: number, and license number of the li- (i) An installation design and in- censed installer; structions that have been provided by (2) The date of installer certification the manufacturer and approved by the of completion of the installation; Secretary directly or through review (3) The date a qualified inspector by the DAPIA; or verified the installation as being in (ii) An installation design and in- compliance with the requirements of structions that have been prepared and this part; and certified by a professional engineer or (4) The name, address, and telephone registered architect, that have been ap- number of the qualified inspector who proved by the manufacturer and the performed the inspection of the instal- DAPIA as providing a level of protec- lation as required by § 3286.109. tion for residents of the home that (c) Method of providing information. (1) equals or exceeds the protection pro- The retailer or distributor must provided by the federal installation stand- vide a copy of the information set forth ards in part 3285 of this chapter. in paragraphs (a) and (b) of this section (2) The installation of the home has to HUD by providing a copy of the in- been inspected as required by § 3286.503 formation to HUD by facsimile, e-mail, and an inspector has verified the in- or first-class or overnight delivery. stallation as meeting the requirements (2) The information must be sent to: of this part. Administrator, Office of Manufactured

262

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00272 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3286.203

Housing Programs, HUD, 451 Seventh safety hazard or cause the home to not Street, SW., Room 9164, Washington, comply with the construction and safe- DC 20410–8000, or to a fax number or e- ty standards in part 3280 of this chap- mail address obtained by calling the ter, and those issues are discovered Office of Manufactured Housing Pro- during the installation of the home, grams. For convenience only, the URL the sale or lease of the home is not of the Web site is http://www.hud.gov/of- complete until the home is corrected. fices/hsg/sfh/mhs/mhshome.cfm and the toll-free telephone number to contact Subpart C—Installer Licensing in the Office of Manufactured Housing Programs is 1–800–927–2891, extension HUD-Administered States 57. § 3286.201 Purpose. (d) Correcting information. If the information provided by the retailer The purpose of this subpart C is to changes after it has been provided to establish the requirements for a person HUD, the retailer must correct the in- to qualify to install a manufactured formation within 10 business days after home in accordance with the HUD-ad- the retailer learns of the change. ministered installation program. In- (e) Record retention requirements. The stallers will be required to meet licens- retailer or distributor must maintain a ing, training, and insurance require- copy of the records required in para- ments established in this part. Li- graphs (a) and (b) of this section for 3 censed installers will self-certify their years from the date of installation, as installations of manufactured homes to under § 3286.115. be in compliance with the Model Manu- factured Home Installation Standards § 3286.115 Date of installation. in part 3285 of this chapter. In order for The date of installation will be the such an installer to self-certify compli- date the installer has certified that all ance with the installation standards, required inspections have been com- the installer will have to assure that pleted, all utilities are connected, and acceptable inspections, as required in the manufactured home is ready for oc- subpart F of this part, are performed. cupancy as established, if applicable, by a certificate of occupancy, except as § 3286.203 Installation license re- follows: If the manufactured home has quired. not been sold to the first person pur- (a) Installation license required. (1) chasing the home in good faith for pur- Any individual or entity that engages poses other than resale by the date the in the business of directing, super- home is ready for occupancy, the date vising, or controlling initial installa- of installation is the date of the pur- tions of new manufactured homes in a chase agreement or sales contract for state without a qualifying installation the manufactured home. program must itself have, or must employ someone who has, a valid manu- § 3286.117 Completion of sale date. factured home installation license (a) Date of sale defined. For purposes issued in accordance with the require- of determining the responsibilities of a ments of this subpart C. For each in- manufacturer, retailer, or distributor stallation covered under these require- under subpart I of part 3282 of this ments, the licensed installer, and any chapter, the sale of a manufactured company that employs the licensed in- home will not be considered complete staller, will be responsible for the prop- until all the goods and services that er and competent performance of all the manufacturer, retailer, or dis- employees working under the licensed tributor agreed to provide at the time installer’s supervision and for assuring the contract was entered into have that the installation work complies been provided. with this part. (b) Compliance with construction and (2) A business that employs a li- safety standards. When a retailer or censed installer to represent the busi- manufacturer is providing the installa- ness and hold the installer’s license re- tion and an installer installs a home in tains primary responsibility for per- such a way as to create an imminent formance of the installation work in

263

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00273 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.205 24 CFR Ch. XX (4–1–19 Edition)

compliance with the requirements of § 3286.205 Prerequisites for installa- this part. tion license. (3) A license is not required for indi- (a) Required experience. (1) In order to viduals working as direct employees of obtain an installation license to per- a licensed installer or for the company form manufactured home installations that employs a licensed installer, pro- under the HUD-administered installa- vided that those individuals are super- tion program, an individual must meet vised by a licensed installer. at least one of the following minimum (4) The installer must display an experience requirements: original or a copy of a valid installa- (i) 1,800 hours of experience installing tion license at the site of the installa- manufactured homes; tion while performing work related to (ii) 3,600 hours of experience in the construction of manufactured homes; the installation of the home. (iii) 3,600 hours of experience as a (5) The installer is responsible for un- building construction supervisor; derstanding and following, as applica- (iv) 1,800 hours as an active manufac- ble, the approved manufacturer instal- tured home installation inspector; lation instructions and any alternative (v) Completion of one year of a col- installation design and instructions lege program in a construction-related that have been certified by a profes- field; or sional engineer or registered architect, (vi) Any combination of experience that have been approved by the manu- or education from paragraphs (a)(1)(i) facturer and DAPIA as providing a through (a)(1)(v) of this section that to- level of protection for residents of the tals 3,600 hours. home that equals or exceeds the pro- (2) An installer who is certified or li- tection provided by the federal instal- censed to perform manufactured home lation standards in part 3285 of this installations in a state with a quali- chapter. fying installation program may be ex- (b) Installation license not required. An empted by the Secretary from com- installation license is not required for: plying with these experience requirements, if the Secretary determines (1) Site preparation that is not sub- that the state requirements are subject to the requirements of part 3285 of stantially equal to the HUD experience this chapter; requirements. (2) Connection of utilities to the (b) Required training—(1) Initial appli- manufactured home; cant. An applicant for an installation (3) Add-ons subject to the require- license must complete 12 hours of ments of § 3282.8(j) of this chapter; training, at least 4 hours of which must (4) Temporary installations on deal- consist of training on the federal in- er, distributor, manufacturer, or other stallation standards in part 3285 of this sales or storage lots, when the manu- chapter and the installation program factured home is not serving as an oc- regulations in this part. An installer cupied residence; who is licensed to perform installations (5) Home maintenance, repairs, or in a state with a qualified installation corrections, or other noninstallation- program may postpone the training re- related work performed by the home quirements of this section until Octo- manufacturer under warranty or other ber 20, 2009. obligations or service agreements; (2) Renewal applicant. In order to qualify for renewal of an installation (6) Installations performed by au- license, the licensed installer must thorized representatives of the Federal complete 8 hours of continuing edu- Emergency Management Agency in cation during the 3-year license period, order to provide emergency housing including in any particular subject after a natural disaster; or area that may be required by HUD to (7) Work performed at the home site be covered in order to assure adequate that is not covered by the federal in- understanding of installation require- stallation standards in part 3285 of this ments. chapter or the requirements of this (3) The training required under this part. paragraph (b) must be conducted by

264

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00274 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3286.207

trainers who meet the requirements of ments, but HUD may contact the appli- subpart D of this part and must meet cant for additional verification at any the curriculum requirements estab- time. The applicant must also provide lished in § 3286.308 or § 3286.309, as appli- to HUD employment information rel- cable. evant to the applicant’s experience as (c) Testing. An applicant for an in- an installer, including the dates and stallation license must have success- type of such employment. An installer fully received a passing grade of 70 per- who is certified or licensed to perform cent on a HUD-administered or HUD- manufactured home installations in a approved examination covering the state with a qualifying installation Manufactured Home Installation Pro- program may seek an exemption from gram and the federal installation the experience requirement by submit- standards in part 3285. ting proof of such certification or li- (d) Surety bond or insurance. An appli- cense. cant for an installation license must (c) Proof of training. Every applicant provide evidence of and must maintain, for an initial installation license, or when available in the state of installa- the renewal of an installation license, tion, a surety bond or insurance that must submit verification of successful will cover the cost of repairing all completion of the training required in damage to the home and its supports § 3286.205(b). This verification must be caused by the installer during the in- in the form of a certificate of comple- stallation up to and including replace- tion from a qualified trainer that the ment of the home. HUD may require applicant has completed the requisite the licensed installer to provide proof number of hours of a qualifying cur- of the surety bond or insurance at any riculum, as set out in § 3286.308 or time. The licensed installer must no- § 3286.309. tify HUD of any changes or cancella- (d) Proof of surety bond or insurance. tions with the surety bond or insurance Every applicant for an installation li- coverage. cense must submit the name of the applicant’s surety bond or insurance car- § 3286.207 Process for obtaining instal- rier and the number of the policy relation license. quired in § 3286.205(d). (a) Where to apply. An applicant for (e) Other application submissions. (1) an initial or renewed installation li- Every applicant for an installation license must provide the applicant’s cense must submit a list of all states in legal name, address, and telephone which the applicant holds a similar in- number to HUD. The application, with stallation certification or license, and all required information, must be sent a list of all states in which the appli- to: Administrator, Office of Manufac- cant has had such a certification or li- tured Housing Programs, HUD, 451 Sev- cense revoked, suspended, or denied. enth Street, SW., Room 9164, Wash- (2) When the examination is not ad- ington, DC 20410–8000, or to a fax num- ministered by HUD, every applicant for ber or e-mail address obtained by call- an initial installation license must ing the Office of Manufactured Housing submit certification of a passing grade Programs. For convenience only, the on the examination required by current URL of the Web site is http:// § 3286.205(c). www.hud.gov/offices/hsg/sfh/mhs/ (f) Issuance or denial of an installation mhshome.cfm, and the current toll-free license. (1) When HUD confirms that an telephone number to contact the Office applicant has met the requirements in of Manufactured Housing Programs is this subpart C, HUD will either: 1–800–927–2891, extension 57. (i) Provide an installation license to (b) Proof of experience. Every appli- the applicant that, as long as the in- cant for an initial installation license stallation license remains in effect, es- must submit verification of the experi- tablishes the applicant’s qualification ence required in § 3286.205(a). This to install manufactured homes in a verification may be in the form of state subject to the HUD-administered statements by past or present employ- installation program; or ers or a self-certification that the ap- (ii) Provide a written explanation of plicant meets those experience require- why HUD deems the applicant to not

265

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00275 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.209 24 CFR Ch. XX (4–1–19 Edition)

qualify for an installation license, in- tion or ability of the applicant to including on grounds applicable under stall homes; or § 3286.209 for suspension or revocation (8) Engaging in poor conduct or of an installation license and any other workmanship as evidenced by one or specified evidence of inability to ade- more of the following: quately meet the requirements of this (i) Installing one or more homes that part. fail to meet the requirements of (2) An applicant who is denied an in- § 3286.107; stallation license under this subpart C, (ii) An unsatisfied judgment in favor other than for failure to pass the in- of a consumer; stallation license test, may request (iii) Repeatedly engaging in fraud, from HUD an opportunity for a presen- deception, misrepresentation, or know- tation of views, in accordance with ing omissions of material facts relating subpart D of part 3282 of this chapter, to installation contracts; for the purpose of establishing the ap- (iv) Having a similar state installa- plicant’s qualifications to obtain an in- tion license or certification denied, stallation license. suspended, or revoked; (g) Assignment of license prohibited. An (v) Having the renewal of a similar installation license issued under this state installation license or certifi- part may not be transferred, assigned, cation denied for any cause other than or pledged to another entity or indi- failure to pay a renewal fee; or vidual. (vi) Failure to maintain the surety bond or insurance required by § 3286.209 Denial, suspension, or rev- § 3286.205(d). ocation of installation license. (c) Other criteria. In deciding whether (a) Oversight. The Secretary may to suspend or revoke an installation li- make a continuing evaluation of the cense, the Secretary will consider the manner in which each licensed in- impact of the suspension or revocation staller is carrying out his or her re- on other affected parties and will seek sponsibilities under this subpart C. to assure that the sales and siting of (b) Denial, suspension, or revocation. manufactured homes are not unduly After notice and an opportunity for a disrupted. presentation of views in accordance (d) Reinstating an installation license. with subpart D of part 3282 of this An installer whose installation license chapter, the Secretary may deny, sus- has been denied, suspended, or revoked pend, or revoke an installation license may submit a new application in ac- under this part. An installation license cordance with this subpart C. Installers may be denied, suspended, or revoked whose installation licenses have been for, among other things: suspended may also reinstate their in- (1) Providing false records or infor- stallation licenses in any manner pro- mation to any party; vided under the terms of their suspen- (2) Refusing to submit information sions. that the Secretary requires to be submitted; § 3286.211 Expiration and renewal of (3) Failure to comply with applicable installation licenses. requirements of parts 3285, 3286, or 3288 (a) Expiration. Each installation li- of this chapter; cense issued or renewed under this sub- (4) Failure to take appropriate ac- part C will expire 3 years after the date tions upon a failed inspection, as proof its issuance or renewal. vided in § 3286.509; (b) Renewal. An application for the (5) Fraudulently obtaining or at- renewal of an installation license must tempting to obtain an installation li- include the information required by, cense, or fraudulently or deceptively and must be submitted to, HUD in ac- using an installation license; cordance with § 3286.207, and must be (6) Using or attempting to use an ex- submitted at least 60 days before the pired, suspended, or revoked installa- date the license expires. Any person ap- tion license; plying for a license renewal after the (7) Violating state or federal laws date the license expires must apply for that relate to the fitness and qualifica- a new installation license following the

266

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00276 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3286.307

requirements established under this the initial issuance and renewal of in- subpart C for application for an initial stallation licenses under subpart C of installation license. this part must be taught by trainers who are registered with HUD as quali- Subpart D—Training of Installers in fied trainers. In order to register with HUD-Administered States HUD as a qualified trainer, a person must meet the experience require- § 3286.301 Purpose. ments of this section. The purpose of this subpart D is to (2) Any entity other than a natural establish the requirements for a person person may also provide initial train- to qualify to provide the training re- ing and continuing education, as long quired under subpart C of this part. as such entity establishes its qualifica- This training is required for manufac- tion as a trainer by providing evidence tured home installers who want to be and assurance that the entity’s indi- licensed in accordance with the HUD- vidual trainers meet the requirements administered installation program. of this section. (b) Experience prerequisites. In order to § 3286.303 Responsibilities of qualified qualify as a trainer, an individual or trainers. other training entity must provide to (a) Curriculum and hours. In providing HUD evidence that each individual who training to installers for the purpose of will be responsible for providing train- qualifying installers under the HUD- ing: administered installation program, (1) Has a minimum of 3,600 hours of qualified trainers must adequately ad- experience in one or more of the fol- dress the curriculum and instruction- lowing: time requirements established in sub- (i) As a supervisor of manufactured parts C and D of this part. home installations; (b) Attendance records. Qualified (ii) As a supervisor in the building trainers must maintain records of the construction industry; times, locations, names of attendees at (iii) In design work related to the each session, and content of all courses building construction industry; or offered. When an attendee misses a sig- (2) Has completed a 2-year edu- nificant portion of any training ses- cational program in a construction-re- sion, the trainer must assure that the lated field. attendee makes up the missed portion (c) Certification of curriculum. In order of the instruction. to register as a qualified trainer, an in- (c) Certificates of completion of train- dividual or other training entity must ing. Qualified trainers must provide submit to HUD certification that train- certificates of completion to course ing provided in accordance with this attendees that indicate the level of subpart D will meet the curriculum re- compliance with the applicable cur- quirements established in § 3286.308 or riculum and time requirements under § 3286.309, as applicable. subparts C and D of this part. (d) Record retention. All records main- § 3286.307 Process for obtaining train- tained by trainers and continuing edu- er’s qualification. cation providers must be retained for 3 (a) Where to apply. An applicant for years, and must be made available to qualification as a trainer must provide HUD upon request. the applicant’s legal name, address, (e) Testing of installers. Qualified and telephone number to HUD. The ap- trainers may be authorized to admin- plication, with all required informa- ister the installation license testing re- tion, must be sent to: Administrator, quired for initial licensing of install- Office of Manufactured Housing Pro- ers, as set forth in § 3286.205(c). grams, HUD, 451 Seventh Street, SW., Room 9164, Washington DC 20410–8000, § 3286.305 Installation trainer criteria. or to a fax number or e-mail address (a) Trainer qualification required. (1) obtained by calling the Office of Manu- All classes that provide manufactured factured Housing Programs. For con- home installation education classes venience only, the URL of the Web site used to satisfy the requirements for is http://www.hud.gov/offices/hsg/sfh/mhs/

267

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00277 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.308 24 CFR Ch. XX (4–1–19 Edition)

mhshome.cfm, and the toll-free tele- (ii) Provide a written explanation of phone number to contact the Office of why HUD deems the applicant to not Manufactured Housing Programs is 1– qualify as a trainer, including on 800–927–2891, extension 57. grounds applicable under § 3286.311 for (b) Proof of experience. (1) Every indi- suspension or revocation of a qualifica- vidual applicant for initial qualification and any other specified evidence tion as a trainer must submit of inability to meet the requirements verification of the experience required of this part. in § 3286.305. This verification may be in (2) An applicant whose qualification the form of statements by past or is denied by HUD may request an op- present employers or a self-certifi- portunity for a presentation of views, cation that the applicant meets those in accordance with subpart D of part experience requirements, but HUD may 3282 of this chapter, for the purpose of contact the applicant for additional establishing the applicant’s qualifica- verification at any time. The applicant tions to be a qualified trainer or the must also provide to HUD employment adequacy of any training curriculum information relevant to the applicant’s that is challenged by HUD. experience as a trainer, including the (e) Assignment of qualification prohib- dates and type of such employment. A ited. A qualification issued under this trainer who is licensed, or otherwise subpart D may not be transferred, as- certified, to provide manufactured signed, or pledged to another entity or home installation training in a state individual. with a qualifying installation program may seek an exemption from the expe- § 3286.308 Training curriculum. rience requirement by submitting proof (a) Curriculum for initial installer li- of such license or other certification. censing. The training provided by quali- An individual who applies for renewal fied trainers to installers to meet the qualification as a trainer is not re- initial requirements of the HUD-ad- quired to submit additional proof of ex- ministered installation program must perience. include at least 12 hours of training, at (2) An entity that seeks to be des- least 4 hours of which must consist of ignated as a qualified trainer must pro- training on the federal installation vide evidence and assurance that the standards in part 3285 of this chapter entity’s individual trainers meet the and the installation program regula- experience requirements in § 3286.305. tions in this part. The curriculum must (c) Other qualification information. (1) include, at a minimum, training in the An applicant for initial or renewal following areas: qualification as a trainer must submit (1) An overview of the Act and the to HUD a list of all states in which the general regulatory structure of the applicant has had a similar training HUD manufactured housing program; qualification revoked, suspended, or (2) An overview of the manufactured denied. home installation standards and regu- (2) An applicant also must submit to lations established in parts 3285 and HUD a certification that training pro- 3286 of this chapter, and specific in- vided in accordance with this subpart struction including: D will meet the curriculum requirements established in § 3286.308 or (i) Preinstallation considerations; § 3286.309, as applicable. (ii) Site preparation; (d) Confirmation or denial of qualifica- (iii) Foundations; tion. (1) When HUD confirms that an (iv) Anchorage against wind; applicant has met the experience and (v) Optional features, including com- curriculum requirements in this sec- fort cooling systems; tion, HUD will either: (vi) Ductwork and plumbing and fuel (i) Provide to the applicant a written supply systems; confirmation that the applicant is a (vii) Electrical systems; and qualified trainer under this part, and (viii) Exterior and interior close-up will add the applicant’s name to a list work; maintained by HUD of qualified train- (3) An overview of the construction ers; or and safety standards and regulations

268

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00278 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3286.311

found in parts 3280 and 3282 of this International Association for Con- chapter; tinuing Education and Training; (4) Licensing requirements applicable (iii) Agencies at any level of govern- to installers; ment; and (5) Installer responsibilities for cor- (iv) State or national professional as- rection of improper installation, in- sociations. cluding installer obligations under ap- (2) The curriculum for the remainder plicable state and HUD manufactured of the 8 hours of continuing education housing dispute resolution programs; training must relate to any aspect of (6) Inspection requirements and pro- manufactured home installation or cedures; construction, or to the general fields of (7) Problem-reporting mechanisms; building construction or contracting. (8) Operational checks and adjustments; and § 3286.311 Suspension or revocation of (9) Penalties for any person’s failure trainer’s qualification. to comply with the requirements of (a) Oversight. The Secretary may this part 3286 and parts 3285 and 3288 of make a continuing evaluation of the this chapter. manner in which each qualified trainer (b) Updating curriculum. Qualified is carrying out the trainer’s respon- trainers must revise and modify course sibilities under this subpart D. curriculum as needed to include, at a (b) Suspension or revocation of quali- minimum, any relevant modifications fication. After notice and an oppor- to the Act or the implementing stand- tunity for a presentation of views in ards and regulations in this chapter, as accordance with subpart D of part 3282 well as to provide any training further of this chapter, the Secretary may sus- mandated by HUD. pend or revoke a trainer’s qualification under this part. A trainer’s qualifica- § 3286.309 Continuing education-train- tion may be suspended or revoked for ers and curriculum. cause, which may include: (a) HUD-mandated elements. Only (1) Providing false records or infor- qualified trainers are permitted to pro- mation to HUD; vide any training on particular subject (2) Refusing to submit information areas that are required by HUD to be required to be submitted by the Sec- an element of the continuing education retary in accordance with the Act; requirement set out in § 3286.205(b)(2) (3) Certifying, or improperly assist- for the renewal of an installer’s license. ing certification of, a person as having In implementing this requirement, met the training requirements estab- HUD will: lished in this part when that person (1) Establish the minimum number of has not completed the required train- hours and the required curriculum for ing; such subject areas, according to experi- (4) Failing to appropriately supervise ence with the program and changes in installation training that is used to program requirements; and meet the requirements of this part and (2) Provide information about the that is provided by other persons; and hours and curriculum directly to quali- (5) Any other failures to comply with fied trainers and licensed installers, or the requirements of this part. through general publication of the in- (c) Other criteria. In deciding whether formation. to suspend or revoke a trainer’s quali- (b) Other training. (1) The remainder fication, the Secretary will consider of the 8 hours required to meet the con- the impact of the suspension or revoca- tinuing education requirement may be tion on other affected parties and will met through training provided either seek to assure that the sales and siting by qualified trainers or by any com- of manufactured homes are not unduly bination of the following: disrupted. (i) Accredited educational institu- (d) Reinstating qualification. A trainer tions, including community colleges whose qualification has been suspended and universities; or revoked may submit a new applica- (ii) A provider of continuing edu- tion to be qualified in accordance with cation units who is certified by the this subpart D no sooner than 6 months

269

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00279 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.313 24 CFR Ch. XX (4–1–19 Edition)

after the date of suspension or revoca- requirements in part 3285 of this chap- tion. A trainer whose qualification has ter; been suspended may also reinstate the (3) The data plate required by § 3280.5 qualification in any manner provided of this chapter is affixed to the home, under the terms of the suspension. that the home is designed for the roof load, wind load, and thermal zones that § 3286.313 Expiration and renewal of are applicable to the intended site; and trainer qualification. (4) The installation site is protected (a) Expiration. Each notice of quali- from surface run-off and can be graded fication issued or renewed under this in accordance with part 3285. subpart D will expire 5 years after the (b) Installer notification of unsuitable date of its issuance or renewal. site. If the installer determines that the (b) Renewal. An application for the home cannot be installed properly at renewal of a trainer qualification must the site, the installer must: be submitted to HUD in accordance (1) Notify the purchaser or other per- with § 3286.307, and must be submitted son with whom the installer contracted at least 60 days before the date the for the installation work, identifying trainer’s term of qualification expires. the reasons why the site is unsuitable; Any person applying for a qualification renewal after the date the qualification (2) Notify the retailer that con- expires must apply for a new qualifica- tracted with the purchaser for the sale tion, following the requirements estab- of the home, identifying the reasons lished under this subpart D for applica- why the site is unsuitable; tion for initial qualification as an in- (3) Notify HUD, identifying the rea- stallation trainer. sons why the site is unsuitable; (4) Decline to install the home until Subpart E—Installer Responsibil- the site and the home are both verified ities of Installation in HUD-Ad- by the installer as suitable for the site ministered States under this section; and (5) Ensure that all unique character- § 3286.401 Purpose. istics of the site have been fully addressed. The purpose of this subpart E is to (c) Installer notification of failures to set out the responsibilities of the installer who is accountable for the in- comply with the construction and safety stallation of a manufactured home in standards. If the installer notices and compliance with the requirements of recognizes failures to comply with the the HUD-administered installation pro- construction and safety standards in gram. part 3280 of this chapter prior to beginning any installation work, during the § 3286.403 Licensing requirements. course of the installation work, or An installer of manufactured homes after the installation work is complete, must comply with the licensing re- the installer must notify the manufac- quirements set forth in subpart C of turer and retailer of each failure to this part. comply. (d) Retailer notification. The retailer § 3286.405 Installation suitability. must provide a copy of the notification (a) Site appropriateness. Before in- received in paragraphs (b) and (c) of stalling a manufactured home at any this section to any subsequent in- site, the installer must assure that the staller. site is suitable for installing the home by verifying that: § 3286.407 Supervising work of crew. (1) The site is accessible; The installer will be responsible for (2) The site is appropriate for the the work performed by each person en- foundation or support and stabilization gaged to perform installation tasks on system that is to be used to install the a manufactured home, in accordance home in accordance with the federal with the HUD-administered installa- installation standards or alternative tion program.

270

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00280 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3286.501

§ 3286.409 Obtaining inspection. (b) Recipients of certification. The installer must provide a signed copy of (a) Inspection obligations. Ten business its certification to the retailer that days prior to the completion of instal- contracted with the purchaser or lessee lation, the installer must arrange for a for the sale or lease of the home, and to third-party inspection of the work per- the purchaser or other person with formed, in accordance with subpart F whom the installer contracted for the of this part, unless the installer and re- installation work. tailer who contracted with the purchaser for the sale of the home agree, § 3286.413 Recordkeeping. in writing, that during the same time (a) Records to be retained. The in- period the retailer will arrange for the staller must retain: inspection. Such inspection must be (1) A record of the name and address performed as soon as practicable by an of the purchaser or other person with inspector who meets the qualifications whom the installer contracted for the set forth in § 3286.511. The scope of the installation work and the address of inspections that are required to be per- the home installed; formed is addressed in § 3286.505. (2) A copy of the contract pursuant to (b) Contract rights not affected. Fail- which the installer performed the in- ure to arrange for an inspection of a stallation work; home within 5 business days will not (3) A copy of any notice from an in- affect the validity or enforceability of spector disapproving the installation any sale or contract for the sale of any work; manufactured home. (4) A copy of the qualified inspector’s (c) State or local permits. The licensed verification of the installation work; installer should obtain all necessary (5) A copy of the installer’s certifi- permits required under state or local cation of completion of installation in laws. accordance with the requirements of this part; and § 3286.411 Certifying installation. (6) A copy of foundation designs used (a) Certification required. When the in- to install the home, if different from stallation work is complete, a licensed the designs provided by the manufac- installer must visit the jobsite and cer- turer, including evidence that the foun- tify that: dation designs and instructions were (1) The manufactured home has been certified by a professional engineer or installed in accordance with: registered architect, including the (i) An installation design and in- name, address, and telephone number structions that have been provided by of the professional engineer or archi- the manufacturer and approved by the tect certifying the designs. Secretary directly or through review (b) Retention requirement. The by the DAPIA; or records listed in paragraph (a) of this (ii) An installation design and in- section must be maintained for a pe- structions that have been prepared and riod of 3 years after the installer cer- certified by a professional engineer or tifies completion of installation. registered architect, that have been approved by the manufacturer and the Subpart F—Inspection of Installa- DAPIA as providing a level of protections in HUD-Administered tion for residents of the home that States equals or exceeds the protection provided by the federal installation stand- § 3286.501 Purpose. ards in part 3285 of this chapter. The purpose of this subpart F is to (2) The installation of the home has provide additional detail about the in- been inspected as required by § 3286.503, spection that must be performed by a and an inspector has verified the in- qualified third-party inspector before stallation as meeting the requirements the installation of a manufactured of this part. home may be verified by the inspector (3) All installation defects brought to and certified by the installer under the the installer’s attention have been cor- HUD-administered installation pro- rected. gram.

271

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00281 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.503 24 CFR Ch. XX (4–1–19 Edition)

§ 3286.503 Inspection required. facturer’s instructions, in a soil classi- (a) Timing of requirements. Ten busi- fication permitted by the anchor list- ness days prior to the completion of ing or certification, with the required the installation of each manufactured size and type of stabilizer plate, if re- home, the installer must arrange for a quired by the listing or certification, third-party inspection of the work per- and at an orientation and angle of pull formed, unless the installer and re- permitted by its listing or certifi- tailer who contracted with the pur- cation. chaser for the sale of the home agree, (f) Installation of optional features; in writing, that during the same time (g) Completion of ductwork, plumb- period the retailer will arrange for the ing, and fuel supply systems; inspection. Such inspection must be (h) Electrical systems; performed as soon as practicable by an (i) Exterior and interior close-up; inspector that meets the qualifications (j) Skirting, if installed; and set out in § 3286.511. The scope of the in- (k) Completion of operational checks spections that are required to be per- and adjustments. formed is addressed in § 3286.505. [73 FR 35292, June 20, 2008, as amended at 79 (b) Disclosure of requirement. At the FR 53618, Sept. 10, 2014] time of sale, the retailer must disclose to the purchaser, in a manner provided § 3286.507 Verifying installation. in § 3286.7, that the manufactured home must be installed in accordance with (a) Verification by inspector. When an applicable federal and state law, in- inspector is satisfied that the manufac- cluding requirements for a third-party tured home has been installed in ac- inspection of the installation. If the cordance with the requirements of this cost of inspection of the home’s instal- part, the inspector must provide lation is not included in the sales price verification of the installation in writ- of the home, the sales contract must ing and return the evidence of such include a clear disclosure about wheth- verification to the installer. er the purchaser will be charged sepa- (b) Certification by installer. (1) Once rately for the inspection of the home’s an installation has been inspected and installation and the amount of such verified, the installer is permitted to charge. certify the installation as provided in (c) Providing instructions to inspectors. § 3286.111. The installer must provide a Installation instructions must be made signed copy of the certification to: available to the inspector at the instal- (i) The retailer that contracted with lation site by the installer. the purchaser for the sale of the home; (ii) The purchaser; and § 3286.505 Minimum elements to be in- (iii) Any other person that con- spected. tracted to obtain the services of the in- The installation of every manufac- staller for the installation work on the tured home that is subject to the HUD- home. administered installation program is (2) The installer must retain records required to be inspected for each of the in accordance with § 3286.413. installation elements included in a checklist. The checklist must include § 3286.509 Reinspection upon failure to assurance that each of the following pass. elements complies with the require- (a) Procedures for failed inspection. If ments of part 3285 of this chapter: the inspector cannot verify the instal- (a) Site location with respect to lation of the manufactured home, the home design and construction; inspector must immediately notify the (b) Consideration of site-specific con- installer of any failures to comply with ditions; the installation standards and explain (c) Site preparation and grading for the reasons why the inspector cannot drainage; issue verification that the installation (d) Foundation construction; complies with the requirements of this (e) Anchorage including verification part. After the installation is cor- that the ground anchors have been in- rected, it must be reinspected before stalled in accordance with the manu- verification can be issued.

272

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00282 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3286.603

(b) Cost of reinspection. If there is any (d) Reinstating inspection authority. An cost for the reinspection of an installa- inspector whose authority to inspect tion that an inspector has refused to manufactured home installations in verify, that cost must be paid by the HUD-administered states has been sus- installer or the retailer and, absent a pended or revoked under this section written agreement with the purchaser may apply for reauthorization by con- that specifically states otherwise, that tacting: Administrator, Office of Manu- cost cannot be charged to the pur- factured Housing Programs, HUD, 451 chaser of the manufactured home. Seventh Street, SW., Room 9164, Wash- ington, DC 20410–8000, or to a fax num- § 3286.511 Inspector qualifications. ber or e-mail address obtained by calling the Office of Manufactured Housing (a) Qualifications. Any individual or Programs at the toll-free telephone entity who meets at least one of the number 1–800–927–2891, extension 57. following qualifications is permitted to review the work and verify the installation of a manufactured home that is Subpart G—Retailer Responsibil- subject to the requirements of the ities in HUD-Administered HUD-administered installation pro- States gram: (1) A manufactured home or residen- § 3286.601 Purpose. tial building inspector employed by the The purpose of this subpart G is to local authority having jurisdiction set out the requirements that apply to over the site of the home, provided a retailer with respect to the federal that the jurisdiction has a residential installation requirements applicable to code enforcement program; new manufactured homes that the re- (2) A professional engineer; tailer sells or leases and that will be (3) A registered architect; installed in states that do not have qualifying installation programs. (4) A HUD-accepted Production In- These requirements are in addition to spection Primary Inspection Agency other requirements that apply to re- (IPIA) or a Design Approval Primary tailers of manufactured homes pursu- Inspection Agency (DAPIA); or ant to other parts of this chapter. (5) An International Code Council certified inspector. § 3286.603 At or before sale. (b) Independence required. The inspec- (a) Before contract. (1) The retailer is tor must be independent of the manu- required to support each transportable facturer, the retailer, the installer, and section of a manufactured home that is any other person that has a monetary temporarily or permanently located on interest, other than collection of an in- a site used by a retailer in accordance spection fee, in the completion of the with the manufacturer’s instructions. sale of the home to the purchaser. (2) Before a purchaser or lessee signs (c) Suspension or revocation of inspec- a contract of sale or lease for a manu- tion authority. After notice and an op- factured home, the retailer must: portunity for a presentation of views in (i) Provide the purchaser or lessee accordance with subpart D of part 3282 with a copy of the consumer disclosure of this chapter, the Secretary may sus- statement required in § 3286.7(b); and pend or revoke an inspector’s authority (ii) Verify that the wind, thermal, to inspect manufactured home installa- and roof load zones of the home being tions under this part in HUD-adminis- purchased or leased are appropriate for tered states. An inspector’s authority the site where the purchaser or lessee may be suspended or revoked for cause. plans to install the home for occu- In deciding whether to suspend or re- pancy; and voke an inspector’s authority to con- (iii) If the cost of inspection of the duct such installation inspections, the home’s installation is not included in Secretary will consider the impact of the sales price of the home, provide the the suspension or revocation on other disclosure required in § 3286.7(b). affected parties and will seek to assure (b) Occupancy site not known. When at that the sales and siting of manufac- the time of purchase the purchaser tured homes are not unduly disrupted. does not know the locale for the initial

273

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00283 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.605 24 CFR Ch. XX (4–1–19 Edition)

siting of the home for occupancy, the states with qualifying installation pro- retailer must advise the purchaser grams. It is the policy of the Secretary, that: regarding manufactured home installa- (1) The home was designed and con- tion program enforcement matters, to structed for specific wind, thermal, and cooperate with state or local agencies roof load zones; and having authority to regulate the in- (2) If the home is sited in a different stallation of manufactured homes. In zone, the home may not pass the re- addition to actions expressly recog- quired installation inspection because nized under this subpart H and other the home will have been installed in a provisions in this part, however, HUD manner that would take it out of com- may take any actions authorized by pliance with the construction and safe- the Act in order to oversee the system ty standards in part 3280 of this chap- established by the regulations in this ter. part. (c) Verification of installer license. When the retailer or manufacturer § 3286.703 Failure to comply. agrees to provide any set up in connec- (a) Penalties and injunctive relief. Fail- tion with the sale or lease of the home, ure to comply with the requirements of the retailer or manufacturer must this part is a prohibited act under sec- verify that the installer is licensed in tion 610(a)(7) of the Act, 42 U.S.C. accordance with these regulations. 5409(a). Any person who fails to comply § 3286.605 After sale. with the requirements of this part is subject to civil and criminal penalties, (a) Tracking installation information. and to actions for injunctive relief, in The retailer is responsible for pro- accordance with sections 611 and 612 of viding to HUD the information re- the Act, 42 U.S.C. 5410 and 5411. quired pursuant to § 3286.113. (b) Presentation of views. When prac- (b) Other tracking and compliance re- ticable, the Secretary will provide no- quirements. The retailer continues to be tice to any person against whom an ac- responsible for compliance with the tion for injunctive relief is con- tracking and compliance requirements templated and will afford such person set out in subpart F of part 3282 of this an opportunity to request a presen- chapter, which are related to HUD con- tation of views. The procedures set struction and safety standards. forth in §§ 3282.152 through 3282.154 of this chapter shall apply to each request § 3286.607 Recordkeeping. to present views and to each presen- The retailer is responsible for the re- tation of views authorized in accord- porting and recordkeeping require- ance with this section. ments under § 3286.113. (c) Investigations. The procedures for investigations and investigational pro- Subpart H—Oversight and En- ceedings are set forth in part 3800 of forcement in HUD-Adminis- this chapter. tered States § 3286.705 Applicability of dispute res- § 3286.701 Purpose. olution program. The purpose of this subpart H is to (a) Generally. Regardless of any ac- set out the mechanisms by which man- tion taken under § 3286.703, for any de- ufacturers, retailers, distributors, in- fect in a manufactured home that is re- stallers, and installation inspectors ported during the one-year period be- will be held accountable for assuring ginning on the date of installation, as the appropriate installation of manu- specified in § 3286.115, any rights and factured homes. The requirements in remedies available under the HUD dis- subpart A of this part are applicable in pute resolution program, as imple- all states, the requirements in subparts mented in part 3288 of this chapter, B through H are applicable in states continue to apply as provided in that where the HUD-administered installa- part. tion program operates, and the require- (b) Waiver of rights invalid. Any provi- ments in subpart I are applicable in sion of a contract or agreement entered

274

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00284 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3286.805

into by a manufactured home pur- (c) Conditional acceptance. (1) A state chaser that seeks to waive any re- installation program that meets the course to either HUD or a state dispute minimum requirements set forth under resolution program is void. paragraphs (b)(1), (4), and (5) of this section may be conditionally accepted Subpart I—State Programs by the Secretary if the state provides assurances deemed adequate by the § 3286.801 Purpose. Secretary that the state is moving to The purpose of this subpart I is to es- meet all of the requirements for full tablish the requirements that must be acceptance. If the Secretary condi- met by a state to implement and ad- tionally accepts a state’s installation minister its own installation program, program, the Secretary will provide to either as part of its approved state plan the state an explanation of what is nec- or under this subpart, in such a way essary to obtain full acceptance. that the state would not be covered by (2) A conditionally accepted state the HUD-administered installation pro- will be permitted to implement its own gram. This subpart I also establishes installation program in lieu of the the procedure for determining whether HUD-administered program for a pe- a state installation program meets the riod of not more than 3 years. The Sec- requirements of the Act for a quali- retary may for good cause grant an ex- fying installation program that will tension of conditional approval upon operate in lieu of the HUD-adminis- petition by the state. tered installation program. (d) Limited exemptions from requirements. A state installation program § 3286.803 State qualifying installation may be accepted by the Secretary as a programs. qualifying installation program if the (a) Qualifying installation program su- state can demonstrate that it lacks persedes. The HUD-administered instal- legal authority, as a matter of federal lation program will not be imple- law, to impose the minimum require- mented in any state that is identified ments set forth under paragraph (b) of as fully or conditionally accepted this section in certain geographic areas under the requirements and procedures of the state, but that the minimum re- of this subpart I or in accordance with quirements do apply in all other geo- part 3282 of this chapter. graphic areas of the state. (b) Minimum elements. To be accepted as a fully qualifying installation pro- § 3286.805 Procedures for identifica- gram, a state installation program tion as qualified installation pro- must include the following elements: gram. (1) Installation standards that meet (a) Submission of certification. (1) A or exceed the requirements of state seeking identification as having a § 3286.107(a) and that apply to every ini- qualified installation program must tial installation of a new manufactured submit a completed State Installation home within the state; Program Certification form to the Sec- (2) The training of manufactured retary for review and acceptance and home installers; indicate if the installation program (3) The licensing of, or other method will be part of its approved state plan of certifying or approving, manufac- in accordance with part 3282 of this tured home installers to perform the chapter. initial installations of new manufac- (2) A state must include a qualified tured homes in the state; installation program as part of any (4) A method for inspecting the ini- state plan application submitted for tial installations of new manufactured approval under § 3282.302 of this chap- homes in the state that is implemented ter, if the state does not have a fully or and used to hold installers responsible conditionally approved state plan in ef- for the work they perform; and fect at the time of submission of the (5) Provision of adequate funding and state plan application. In all other personnel to administer the state in- cases, a qualified installation program stallation program. is permitted, but is not required, to be

275

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00285 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3286.807 24 CFR Ch. XX (4–1–19 Edition)

submitted as a part of a state plan ap- § 3286.807 Recertification required. proved in accordance with § 3282.305 of (a) Recertification. To maintain its this chapter. status as a qualified installation pro- (b) HUD review and action. (1) The gram when the installation program is Secretary will review the State Instal- not part of the approved state plan in lation Program Certification form sub- accordance with part 3282 of this chap- mitted by a state and may request that ter, a state must submit a new State the state submit additional informa- Installation Program Certification tion as necessary. Unless the Secretary form to the Secretary for review and has contacted the state for additional action as follows: information or has conditionally ac- (1) Every 5 years after the state’s cepted or rejected the state installa- most recent certification as a qualified tion program, the state installation installation program; and program will be considered to have (2) Whenever there is a change to the been accepted by the Secretary as a state’s installation program or a fully qualifying installation program change in the HUD requirements appli- as of the earlier of: cable to qualifying installation pro- (i) Ninety days after the Secretary grams such that the state’s installa- receives the state’s completed State tion program no longer complies with Installation Program Certification the minimum requirements set forth in form; or § 3286.803(b), regardless of when the (ii) The date that the Secretary state’s next regular recertification of issues notification to the state of its its installation program would be due. full acceptance. (b) Due date of recertification. (1) A state’s recertification required in para- (2) A notice of full or conditional ac- graph (a) of this section must be filed ceptance will include the effective date within 90 days of, as applicable: of acceptance. (i) The 5-year anniversary of the ef- (c) Rejection of state installation pro- fective date of the Secretary’s accept- gram. (1) If the Secretary intends to re- ance of the state’s most recent certifi- ject a state’s installation program, the cation as a qualified installation pro- Secretary will provide to the state an gram; and explanation of what is necessary to ob- (ii) The effective date of the state or tain full or conditional acceptance. HUD action that makes a significant The state will be given 90 days from change to the state’s installation pro- the date the Secretary provides such gram. explanation to submit a revised State (2) Upon petition by the state, the Installation Program Certification Secretary may for good cause grant an form. extension of the deadline for recertifi- (2) If the Secretary decides that any cation. revised State Installation Program (c) Failure to Recertify. (1) A state Certification form is inadequate, or if whose certification of its installation the state fails to submit a revised form program, when the installation pro- within the 90-day period or otherwise gram is not part of the approved state indicates that it does not intend to plan in accordance with part 3282 of change its form, the Secretary will no- this chapter, has been accepted by the tify the state that its installation pro- Secretary is permitted to administer gram is not accepted. its installation program in lieu of the (3) A state whose State Installation HUD-administered installation pro- Program Certification form is rejected gram until the effective date of a noti- has a right to a presentation of views fication by the Secretary that the on the rejection using the procedures state’s certification of its installation set forth under subpart D of part 3282 of program is no longer approved. this chapter. The state’s request for a (2) A state whose recertification of presentation of views must be sub- its installation program is rejected by mitted to the Secretary within 60 days the Secretary has a right to a presen- after the Secretary has provided notifi- tation of views on the rejection using cation that the state’s installation pro- the procedures set forth under subpart gram has been rejected. D of part 3282 of this chapter. The

276

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00286 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD Pt. 3288

state’s request for a presentation of (b) Dispute resolution. For any defect views must be submitted to the Sec- in a manufactured home that is re- retary within 60 days after the Sec- ported during the one-year period be- retary has provided notification that ginning on the date of installation de- the state’s recertification of its instal- fined in § 3286.115, any responsibilities, lation program has been rejected. rights, and remedies applicable under the HUD dispute resolution program as § 3286.809 Withdrawal of qualifying in- implemented in part 3288 of this chap- stallation program status. ter continue to apply as provided in (a) Voluntary withdrawal. Any state that part. that intends to withdraw from its re- § 3286.813 Inclusion in state plan. sponsibilities to administer a qualifying installation program should pro- If a state installation program is in- vide the Secretary with a minimum of cluded in a state plan approved in ac- 90 days notice. cordance with § 3282.302 of this chapter, (b) Involuntary withdrawal. Whenever the state installation program is sub- the Secretary finds, after affording no- ject to all of the requirements for such tice and an opportunity for a hearing a state plan, including annual review in accordance with subpart D of part by HUD. 3282 of this chapter, that a state installation program fails to comply sub- PART 3288—MANUFACTURED stantially with any provision of the in- HOME DISPUTE RESOLUTION PRO- stallation program requirements or GRAM that the state program has become inadequate, the Secretary will notify the Subpart A—General state of withdrawal of acceptance or conditional acceptance of the state in- Sec. 3288.1 Purpose and scope. stallation program. The HUD-adminis- 3288.3 Definitions. tered installation program will begin 3288.5 Retailer notification at sale. to operate in such state at such time as the Secretary establishes in issuing the Subpart B—HUD Manufactured Home Dis- finding. pute Resolution Program in HUD-Ad- ministered States § 3286.811 Effect on other manufactured housing program require- 3288.10 Applicability. ments. 3288.15 Eligibility for dispute resolution. 3288.20 Reporting a defect. A state with a qualifying installation 3288.25 Initiation of dispute resolution. program will operate in lieu of HUD 3288.30 Screening of dispute resolution re- with respect to only the installation quest. program established under subparts B 3288.33 Notice of dispute resolution. through H of this part. No state may 3288.35 Mediation. permit its installation program, even if 3288.40 Nonbinding arbitration. 3288.45 HUD review and order. it is a qualified installation program under this part, to supersede the re- Subpart C—Alternative Process in HUD- quirements applicable to HUD’s Manu- Administered States factured Housing Construction and Safety Standards and enforcement pro- 3288.100 Scope and applicability. grams. Regardless of whether a state 3288.105 Time when Alternative Process is available. has a qualified installation program: 3288.110 Alternative Process agreements. (a) Construction and safety standards. Any responsibilities, rights, and rem- Subpart D—State Dispute Resolution edies applicable under the Manufac- Programs in Non-HUD-Administered States tured Home Construction and Safety Standards Act in part 3280 of this chap- 3288.200 Applicability. 3288.205 Minimum requirements. ter and the Manufactured Home Proce- 3288.210 Acceptance and recertification dural and Enforcement Regulations in process. part 3282 of this chapter continue to 3288.215 Effect on other manufactured home apply as provided in those parts; and program requirements.

277

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00287 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3288.1 24 CFR Ch. XX (4–1–19 Edition)

Subpart E—Dispute Resolution Program provisions applicable to HUD’s imple- Rulemaking Procedures mentation of a dispute resolution program as required by the Act. Subpart B 3288.300 Applicability. 3288.305 Consultation with the Manufac- of this part establishes the HUD Manu- tured Housing Consensus Committee. factured Home Dispute Resolution Pro- gram that HUD will administer in any AUTHORITY: 42 U.S.C. 3535(d), 5422 and 5424. state that does not establish a program SOURCE: 72 FR 27229, May 14, 2007, unless that complies with the Act and been otherwise noted. accepted by HUD as provided in subpart D of this part. Subpart C of this Subpart A—General part provides an Alternative Process for manufacturers, retailers, and in- § 3288.1 Purpose and scope. stallers who agree that a homeowner is (a) Purpose. The Act is intended, in not responsible for the alleged defect part, to protect the quality, safety, du- to resolve their disputes about respon- rability, and affordability of manufac- sibility for correction or repair outside tured homes. Section 623(c)(12) of the of the HUD Mediation and Arbitration Act (42 U.S.C. 5422 (c)(12)) requires the Process under subpart B. Subpart D of implementation of ‘‘a dispute resolu- this part establishes the minimum re- tion program for the timely resolution quirements that must be met by a of disputes between manufacturers, re- state applying to implement its own tailers, and installers of manufactured dispute resolution program that com- homes regarding responsibility, and for plies with the Act, and the procedure the issuance of appropriate orders, for for determining whether the require- the correction or repair of defects in ments for complying have been met. manufactured homes that are reported Subpart E of this part establishes spe- during the 1-year period beginning on cial rulemaking procedures that apply the date of installation.’’ The purpose to the issuance of new regulations that of this part is to provide a dispute reso- implement the dispute resolution re- lution program for the timely resolu- quirements set forth in section 623 of tion of disputes among manufacturers, the Act (42 U.S.C. 5422). retailers, and installers regarding the (2) Warranties not affected. This part responsibility for correction or repair is not a warranty program and the re- of defects reported by the homeowner quirements established in this part do or others and reported in the 1-year pe- not replace the manufacturer’s or any riod after the first installation of the other warranty program. Such war- manufactured home. ranty program may have its own re- (b) —(1) In car- Scope Applicability. quirements. rying out this purpose, it is presumed that if a manufactured home contains § 3288.3 Definitions. an alleged defect that is reported in the first year after installation and was The following definitions apply in not caused by the homeowner, then the this part: manufacturer, retailer, or installer is Act means the National Manufac- responsible for the alleged defect and tured Housing Construction and Safety the dispute resolution process recog- Standards Act of 1974, 42 U.S.C. 5401– nized in this part is an appropriate 5426. means for resolving disputes about re- Appropriate order means an order sponsibility for correction and repair of issued by HUD or an order that is en- the alleged defect. For purposes of the forceable under state law. dispute resolution process recognized Date of installation means the date all in this part, only alleged defects re- utilities are connected and the manu- ported in the first year after the first factured home is ready for occupancy installation are covered by the process. as established, if applicable, by a cer- The state where the home is sited de- tificate of occupancy, except as fol- termines whether the HUD Manufac- lows: if the manufactured home has not tured Home Dispute Resolution Pro- been sold to the first person purchasing gram or a state program applies. Sub- the home in good faith for purposes part A of this part establishes general other than resale by the date the home

278

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00288 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3288.15

is ready for occupancy, the date of in- lution is made, except that if the defect stallation is the date of closing under presents an unreasonable risk of in- the purchase agreement or sales con- jury, death, or significant loss or dam- tract for the manufactured home. age to valuable personal property, the Day means a calendar day. resolution must be within 60 days of Defect means any defect in the per- the time a request for dispute resolu- formance, construction, components, tion is made. or material of a manufactured home that renders the home or any part of § 3288.5 Retailer notification at sale. the home not fit for the ordinary use Retailer notice at the time of signing. At for which it was intended, including, the time of signing a contract for sale but not limited to, a defect in the con- or lease for a manufactured home, the struction, safety, or installation of the retailer must provide the purchaser home. For purposes of state certifi- with a retailer notice. This notice may cation under § 3288.205, HUD will find it be in a separate document from the acceptable if the threshold for the sales contract or may be incorporated state’s program is functionally equivalent to this definition. clearly in a separate section on con- Dispute resolution provider means a sumer dispute resolution information person or entity providing dispute reso- at the top of the sales contract. The lution services for HUD. notice must include the following lan- Homeowner means a person who pur- guage: chased or leased the manufactured The U.S. Department of Housing and Urban home in good faith for purposes other Development (HUD) Manufactured Home than resale. Dispute Resolution Program is available to HUD means the U.S. Department of resolve disputes among manufacturers, re- Housing and Urban Development. tailers, or installers concerning defects in Installer means the person who is re- manufactured homes. Many states also have tained to engage in, or who engages in, a consumer assistance or dispute resolution the business of directing, supervising, program. For additional information about these programs, see sections titled ‘‘Dispute controlling, or correcting the initial Resolution Process’’ and ‘‘Additional Infor- installation of a manufactured home. mation—HUD Manufactured Home Dispute Manufactured home has the same Resolution Program’’ in the Consumer Man- meaning as the term ‘‘manufactured ual required to be provided to the purchaser. home’’ as defined in 24 CFR 3280.2. These programs are not warranty programs Manufactured Housing Consensus Com- and do not replace the manufacturer’s, or mittee or MHCC means the consensus any other person’s, warranty program. committee established pursuant to section 604(a)(3) of the Act, 42 U.S.C. Subpart B—HUD Manufactured 5403(a)(3). Home Dispute Resolution Pro- Party or parties means, individually gram in HUD-Administered or collectively, the manufacturer, re- States tailer, or installer of a manufactured home in which a defect has been re- § 3288.10 Applicability. ported in accordance with § 3288.20. State Administrative Agency means an The requirements of the HUD Manu- agency of a state that has been ap- factured Home Dispute Resolution Pro- proved or conditionally approved to gram established in this subpart B carry out the state plan for enforce- apply in each state that does not estab- ment of the standards pursuant to sec- lish a state dispute resolution program tion 623 of the Act, 42 U.S.C. 5422. that complies with the Act and has Timely reporting means the reporting been accepted by HUD as provided in of an alleged defect within 1 year after subpart D of this part. the date of installation of a manufactured home in accordance with § 3288.20. § 3288.15 Eligibility for dispute resolu- Timely resolution means the resolution. tion of disputes among manufacturers, (a) Initiation of actions. Manufactur- retailers, and installers within 120 days ers, retailers, and installers of manu- of the time a request for dispute reso- factured homes are eligible to initiate

279

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00289 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3288.20 24 CFR Ch. XX (4–1–19 Edition)

and participate in the HUD Manufac- called. If the matter goes to arbitra- tured Home Dispute Resolution Pro- tion, the arbitrator and HUD will re- gram. Homeowners may initiate action view whether there is sufficient evi- under, and be observers to, the HUD dence to believe the report was made Manufactured Home Dispute Resolu- on a timely basis. tion Program. (2) Obligation to retain. Each report of (b) Eligible disputes. Only disputes a defect, including logs of telephonic concerning alleged defects that have complaints, received by a manufac- been reported to the manufacturer, re- turer, retailer, a State Administrative tailer, installer, HUD, or a State Ad- Agency or installer, must be main- ministrative Agency within 1 year tained for 3 years from the date of re- after the date of the first installation ceipt. of the manufactured home are eligible (e) Reports made to a State Administra- for resolution through the HUD Manu- tive Agency. Reports of defects in the factured Home Dispute Resolution Pro- manufactured home that are made in gram. The eligible dispute includes the the first year after its installation can defect alleged in a timely report and be sent to the appropriate State Ad- any related issues. ministrative Agency. Contact information about a State Administrative § 3288.20 Reporting a defect. Agency is available at http:// (a) Making a report. To preserve the www.hud.gov. Contact the appropriate right to request dispute resolution State Administrative Agency to deter- through HUD, alleged defects must be mine the method for making the re- reported to the manufacturer, retailer, port. installer, HUD, or a State Administra- (f) Reports made to HUD. Reports of tive Agency. An alleged defect may be alleged defects in the manufactured reported by a homeowner, manufac- home that are made in the first year turer, retailer, or installer. after its installation can be sent to (b) Form of report. It is recommended HUD. The report to HUD may be made that alleged defects be reported in using any of the following methods: writing, including, but not limited to, (1) In writing at: HUD, Office of Reg- e-mail, written letter, certified mail, ulatory Affairs and Manufactured or fax. The existence of an alleged de- Housing, Attn: Dispute Resolution, 451 fect may also be reported by telephone. Seventh Street, SW., Washington, DC (c) Content of report. No particular 20410–8000; form or format is required to report an (2) By telephone at: (202) 708–6423 or alleged defect, but any such report (800) 927–2891; must, at a minimum, include a description of the alleged defect, the name of (3) By fax at: (202) 708–4213; or homeowner, and the address of the (4) By e-mail at [email protected]. home. (g) Effect of report. The reporting of (d) Record of report—(1) To evidence an alleged defect does not initiate the timeliness. To establish timely report- HUD Manufactured Home Dispute Res- ing, the report of an alleged defect that olution Program, but only establishes is made to the manufacturer, retailer, whether the requirement of timely re- installer, or a State Administrative porting in accordance with § 3288.15(b) Agency of the manufactured home has been met. The HUD Manufactured should be done in a manner that will Home Dispute Resolution Process is create a dated record of the report that initiated when a request for dispute demonstrates that the report was made resolution is submitted to HUD in ac- within 1 year after the date of installa- cordance with § 3288.25. tion; for example, by certified mail, fax, or email. Persons who report an al- § 3288.25 Initiation of dispute resolu- leged defect by telephone should make tion. a contemporaneous note of the tele- (a) Preliminary effort. HUD strongly phone call, including date, time, the encourages the homeowner or party re- name of the person who received the porting an alleged defect to seek to re- report, the name of the business con- solve the dispute directly with any tacted, and the telephone number manufacturer, retailer, or installer

280

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00290 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3288.33

that the person reporting the defect be- received by the dispute resolution pro- lieves to be responsible before initi- vider, a screening neutral will review ating the HUD dispute resolution proc- the sufficiency of the information pro- ess. vided in the request for dispute resolu- (b) Request for dispute resolution. Any tion and determine if the dispute reso- of the parties or the homeowner may lution process should proceed. If the initiate the HUD Manufactured Home screening neutral determines that a de- Dispute Resolution Program at any fect is properly alleged and timely re- time after an alleged defect has been ported, notice of the request will be reported, by requesting dispute resolu- forwarded, as provided in § 3288.33, to tion, as follows: the manufacturer, retailer, and in- (1) By mailing, e-mailing, or other- staller, as appropriate and to the ex- wise delivering a written request for tent the appropriate parties can be dispute resolution to the dispute reso- identified based on the information in lution provider at the address or e-mail the request. address provided either at http:// (b) Insufficient information. If a re- www.hud.gov, or by contacting HUD’s quest for dispute resolution is lacking Office of Regulatory Affairs and Manu- any information necessary to deter- factured Housing at (202) 708–6423 or mine if the dispute resolution process (800) 927–2891; should proceed, the screening neutral (2) By faxing a request for dispute will contact the requester or the par- resolution to the fax number provided ties about supplementing the initial re- either at http://www.hud.gov, or by con- quest. If information necessary to qual- tacting HUD’s Office of Regulatory Af- ify the matter for the HUD Manufac- fairs and Manufactured Housing at tured Home Dispute Resolution Pro- (202) 708–6423 or (800) 927–2891; or gram is not received within a reason- (3) By telephoning a request for dis- able time established by the screening pute resolution to the number provided neutral, the request for dispute resolu- either at http://www.hud.gov, or by con- tion will be considered withdrawn. tacting HUD’s Office of Regulatory Af- (c) Denial of a dispute. Denial by all of fairs and Manufactured Housing at the parties that there is a dispute does (202) 708–6423 or (800) 927–2891. not preclude the dispute resolution (c) Requested information. The dispute process from going forward to medi- resolution provider will request at ation. A screening neutral’s determina- least the following information when a tion that a defect is properly alleged is person seeks to initiate dispute resolu- prima facie evidence of a dispute. If the tion under the HUD Manufactured defect has not been corrected or re- Home Dispute Resolution Program: paired, the matter will be referred to (1) The name, address, and contact mediation. information of the homeowner; (d) Determination of unreasonable risk. (2) The name and contact informa- If the screening neutral determines tion of the manufacturer, retailer, and there is sufficient documentation of an installer of the manufactured home, to alleged defect presenting an unreason- the extent available; able risk of injury or death, he or she (3) The date the report of the alleged will send a copy of the request to HUD. defect was made; (4) The name and contact informa- § 3288.33 Notice of dispute resolution. tion of the recipient or recipients of (a) Once the screening neutral deter- the report of the alleged defect; mines that a defect is properly alleged (5) The date of installation of the and timely reported, notice about the manufactured home affected by the al- request will be forwarded to the parties leged defect; and by overnight delivery, commercial car- (6) A description of the alleged de- rier, or fax. fect. (b) If the parties have not initiated the Alternative Process in accordance § 3288.30 Screening of dispute resolu- with § 3288.105 of this part within 7 days tion request. of the screening neutral’s notification, (a) Review for sufficiency. When the the screening neutral will refer the request for dispute resolution has been matter to mediation.

281

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00291 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3288.35 24 CFR Ch. XX (4–1–19 Edition)

§ 3288.35 Mediation. (2) Sample agreements will be made (a) Mediator. The dispute resolution available to the parties as drafting provider will provide for the selection guidance by the dispute resolution proof a mediator. The selected mediator vider. will not be the person who screened the (e) Failure of mediation. If mediation dispute resolution request. The se- is not successful, parties or the home- lected mediator will mediate the dis- owner may proceed to nonbinding arbi- pute and attempt to facilitate a settle- tration, as provided in § 3288.40 of this ment. If a party identifies any other part. party that should be included in the (f) Confidentiality. Except for the re- mediation, the mediator will contact port of an alleged defect, any request the other party and provide informa- for dispute resolution, and any written tion about the scheduled mediation settlement agreement, all other docu- meetings. ments and communications provided in (b) Time—(1) For reaching settlement. confidence and used in the mediation Except as provided in paragraph (b)(2) will be confidential, in accordance with of this section, the parties are allowed the Administrative Dispute Resolution 30 days from the commencement of the Act of 1996 (5 U.S.C. 571 et seq.). mediation to reach a mediated settlement. In every case, the dispute resolu- § 3288.40 Nonbinding arbitration. tion provider will notify the parties (a) When initiated. (1) If, following and the homeowner, in writing, of the mediation under § 3288.35, the parties date of the commencement of the me- fail to reach a settlement, any party or diation. the homeowner may, within 15 days of (2) Alleged defects presenting an unrea- the expiration of the deadline applica- sonable risk of injury, death, or signifi- ble under § 3288.35(b), initiate non- cant loss or damage to valuable personal binding arbitration. property. For mediations involving al- (2) In addition, arbitration may be leged defects that appear to present an initiated upon referral by the mediator unreasonable risk of injury, death, or pursuant to § 3288.35(c). significant loss or damage to valuable (b) Written request—(1) Submission to personal property as determined by the HUD. A written request for arbitration screening neutral, the parties have a must be submitted to the dispute reso- maximum 10 days from the commence- lution provider. Information about the ment of the mediation to reach a set- dispute resolution provider and how to tlement. make a request for dispute resolution (3) For corrective repairs. Unless a will be available at http://www.hud.gov longer period is agreed to in writing by or by contacting HUD’s Office of Manu- the parties to the mediated settlement factured Housing Programs at (202) 708– and the homeowner, corrective repairs 6423 or (800) 927–2891. must be completed no later than 30 (2) Contents of request. The written re- days after the date the settlement quest for arbitration must include: agreement is signed by the applicable (i) The name and address of the party parties. making the request; (c) Denial of dispute. During medi- (ii) A brief description of the alleged ation, denial of a dispute by all parties defect or a copy of the report of the al- without acceptance of responsibility leged defect; and will result in the mediator referring (iii) A copy of the request for dispute the matter to arbitration for deter- resolution. mination of the defect and responsi- (c) Appointment and authority of arbi- bility for the defect. trator. Upon receipt of the request, the (d) Written settlement agreement. (1) dispute resolution provider will select Upon reaching an agreement, the par- an arbitrator. The arbitrator will have ties will sign a written settlement the authority to: agreement. The dispute resolution pro- (1) Set hearing dates and deadlines; vider will forward copies of the agree- (2) Conduct on-site inspections; ments with the original signatures of (3) Issue requests for documentation the parties to the parties, the home- and information necessary to complete owner, and to HUD. the record;

282

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00292 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3288.100

(4) Dismiss frivolous allegations; written, nonbinding recommendation (5) Make proposed findings, including as to which party or parties are respon- findings of defect and culpability and a sible for the defect, and what correc- disposition recommendation to HUD; tive actions should be taken. and (2) Unless an extension is granted for (6) Recommend apportionment of the good cause by HUD, the arbitrator, responsibility of paying for or pro- within 21 days of the dispute resolution viding any correction or repair of the provider’s receipt of the request for ar- home when recommending that culpa- bitration, will provide the parties with bility be assessed to more than one a copy of the nonbinding recommenda- party. tion that was delivered to HUD, in ac- (d) Denial of dispute. If the parties cordance with § 3288.40(h)(1). deny a dispute exists and the arbi- (i) Settlement offers. At any time be- trator determines there is a defect, the fore HUD issues a final order, the par- arbitrator will make a determination ties may submit to HUD a proposal to of responsibility for the defect. resolve the dispute. (e) Notice to parties. The dispute resolution provider will provide the parties § 3288.45 HUD review and order. and the homeowner with a notice setting forth the date, place, and time an (a) Appropriate order. HUD will review arbitration is to be held. the arbitrator’s recommendation pro- (f) Proceedings. (1) If all parties do not vided in accordance with § 3288.40(h), request an in-person hearing under any settlement offers presented by the paragraph (f)(2) of this section within 5 parties in accordance with § 3288.40(i), days of the dispute resolution pro- and the information gathered during vider’s receipt of the request for arbi- the arbitration, and will issue an ap- tration, or if the arbitrator rejects the propriate order in which HUD may ac- request for an in-person hearing, the cept, modify, or reject the rec- arbitrator may conduct either a record ommendations. HUD will forward a review or a telephonic hearing. copy of the order to the arbitrator and (2) If any party wants to request an to each of the parties and the home- in-person hearing, in which the parties owner, whether or not a party chose to or their representatives may person- participate in the arbitration. ally appear before the arbitrator, the (b) Contents of order. If HUD finds arbitrator will consider such a request that a defect exists, the order will in- if it is made by all of the parties that clude the following: are participating in the arbitration. (1) Assignment of responsibility for Such an in-person hearing will be held the correction and repair of all defects at the discretion of the arbitrator, and associated costs; and after considering appropriate factors, (2) If the manufacturer, retailer, or such as cost. installer is responsible for corrective (g) Effect on nonparticipating parties. action, a date by which the correction If a party chooses not to participate in and repair of each defect must be com- the arbitration, the process will con- pleted, taking into consideration the tinue without further input from that seriousness of the defect. party. In such a case, the arbitrator (c) Failure to comply. Failure to com- may rely on the record developed ply with an order issued by HUD is a through the arbitration to find a non- violation of section 610(a)(5) of the Act participating party responsible for cor- (42 U.S.C. 5409(a)(5)). rection or repair of a defect. (h) Completion of arbitration. (1) Un- less an extension is granted for good Subpart C—Alternative Process in cause by HUD, the arbitrator, within 21 HUD-Administered States days of the dispute resolution provider’s receipt of the request for arbi- § 3288.100 Scope and applicability. tration, the arbitrator will complete The requirements of this subpart C the arbitration process and provide may be followed in lieu of the require- HUD with all background information ments of subpart B of this part to reused during the arbitration and with a solve disputes among manufacturers,

283

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00293 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3288.105 24 CFR Ch. XX (4–1–19 Edition)

retailers, and installers of manufac- retailer, and installer of the manufactured homes in any state where sub- tured home at issue, as appropriate, part B of this part would otherwise must agree: apply. In limited circumstances, this (1) That there is a defect in the man- subpart C permits manufacturers, re- ufactured home; tailers, and installers of manufactured (2) That the manufacturer, retailer, homes to use neutrals of their choosing or installer is responsible for the de- to resolve disputes concerning alleged fect; defects in manufactured homes. (3) That the homeowner is not responsible for the defect; § 3288.105 Time when Alternative (4) To engage a neutral to evaluate Process is available. the dispute and make an assignment of (a) The Alternative Process may be responsibility for correction and re- invoked after an alleged defect has pair; and been reported, pursuant to § 3288.15(b). (5) To notify the homeowner of, and However, the Alternative Process may allow the homeowner to be present at, not be invoked more than 7 days after any meetings and to inform the home- notification of a request for dispute owner of the outcome. resolution has been received by all of (b) Additional element of agreement. In the parties. The notification must be addition, the parties should agree to delivered by overnight delivery, com- act upon the neutral’s assignment of mercial carrier, or fax by the screening responsibility for correction and re- neutral, in accordance with § 3288.30. If pair. within 7 days of the receipt of notification, the Alternative Process is not ini- Subpart D—State Dispute Resolu- tiated, the screening neutral will refer the matter to the mediator. Once the tion Programs in Non-HUD Ad- Alternative Process is invoked, neither ministered States the parties nor the homeowner may in- § 3288.200 Applicability. voke the Mediation and Arbitration Process in the HUD Manufactured This subpart D establishes the min- Home Dispute Resolution Program for imum requirements that must be met 30 days. by a state to implement its own dis- (b) No particular form or format is pute resolution program and therefore required to provide notification for the not be covered by the HUD Manufac- Alternative Process, but the party or tured Home Dispute Resolution Pro- parties submitting the notification gram established in accordance with must include a statement from the par- subpart B. The subpart also establishes ties participating in the Alternative the procedure for determining whether Process stating that the homeowner is the state dispute resolution program not responsible for the alleged defect meets the requirements of the Act for and that one or more of the parties will operating in lieu of the HUD Manufac- correct or repair the defect. All re- tured Home Dispute Resolution Pro- quired agreements are set forth in gram. § 3288.110 of this part. The parties must also make reasonable efforts to include § 3288.205 Minimum requirements. the following information in the notifi- (a) List of requirements. The HUD cation: Manufactured Home Dispute Resolu- (1) Identification of the case; and tion Program will not be implemented (2) Identification of the parties par- in any state that complies with the ticipating in the Alternative Process. procedures of this subpart D and that (c) The screening neutral will notify has a dispute resolution program that the parties if the case is referred to the provides for the following minimum re- Alternative Process for resolution. quirements: (1) The timely resolution of disputes § 3288.110 Alternative Process agree- among manufacturers, retailers, or in- ments. stallers regarding responsibility for (a) Required agreement. To use the Al- correction and repair of defects in ternative Process, the manufacturer, manufactured homes;

284

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00294 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3288.210

(2) The issuance of appropriate orders Dispute Resolution Certification Form for correction and repair of defects in is inadequate or if the state fails to re- such homes; submit within the 30-day period or oth- (3) A coverage period for disputes erwise indicates that it does not intend that includes at least defects that are to change its Dispute Resolution Cer- reported within 1 year after the date of tification Form, HUD will notify the first installation; and state that its dispute resolution pro- (4) Adequate funding and personnel. gram is not accepted and that it has a (b) Applicability to programs in state right to a hearing on the rejection plans. (1) In order to include a dispute using the procedures set forth under resolution program in a state plan that subpart D of part 3282 of this chapter. on February 8, 2008 is fully or condi- (c) Conditional acceptance. A state tionally approved under § 3282.302 of meeting three of the four minimum re- this chapter, a state must amend its quirements set forth under state plan to provide for the require- § 3288.205(a)(1) through (4) will be condi- ments of paragraphs (a)(1) through (3) of this section. tionally accepted by HUD. If HUD con- (2) After February 8, 2008, a state ditionally accepts a state’s dispute res- that submits a state plan for approval olution program, HUD will provide an in accordance with § 3282.302 of this explanation of what is necessary to ob- chapter must provide for the require- tain full acceptance. A revised Dispute ments of paragraphs (a)(1) through (3) Resolution Certification Form may be of this section in its state plan. submitted within 30 days of receipt of such notification. Any state condi- § 3288.210 Acceptance and recertifi- tionally accepted will be permitted to cation process. implement its own dispute resolution (a) Submission of certification. A state program for a period of not more than seeking HUD acceptance of its state 3 years, absent extension of this period dispute resolution program under this by HUD. subpart must submit to HUD a com- (d) Revocation. If HUD becomes aware pleted Dispute Resolution Certification at any time that a state no longer Form, which is available by contacting meets the minimum requirements set HUD by telephone at (202) 708–6423 or forth under § 3288.205, HUD may revoke by e-mail at [email protected]. The certifi- acceptance of the state’s certification cation may be submitted as a part of, after an opportunity for a hearing, or independent of, a state plan under using the procedures set forth under § 3282.302 of this chapter. If included as subpart D of part 3282. part of a state plan, the state does not (e) Recertification of a program not in- have to separately certify that it meets cluded in state plan. Except as provided the requirements of § 3288.205(a)(4). in paragraph (f), to maintain its ac- (b) HUD review and action. (1) HUD cepted status, a state whose program is will review the Dispute Resolution Cer- not included in an approved or condi- tification Form submitted by a state tionally approved state plan must sub- and may contact the state to request mit a current Dispute Resolution Cer- additional clarification or information tification Form to HUD for review and as necessary. Upon completing its re- acceptance as follows: view, HUD will provide the state with notice of acceptance, conditional ac- (1) Every 3 years within 90 days of the ceptance, or rejection of its dispute day and month of the most recent date resolution program. of HUD’s acceptance of the state’s pro- (2) A notice of acceptance will in- gram or clude the date of acceptance. (2) Whenever there is a significant (3) If HUD rejects a state’s dispute change to the program. resolution program, HUD will provide (f) Inclusion in state plan. If a state an explanation of what is necessary to dispute resolution program is part of a obtain full acceptance. A revised Dis- state plan, it will be reviewed annually pute Resolution Certification Form as part of the state plan and separate may be submitted within 30 days of re- recertification of the state’s dispute ceipt of such notification. If the revised resolution program is not required.

285

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00295 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 3288.215 24 CFR Ch. XX (4–1–19 Edition)

§ 3288.215 Effect on other manufac- reasons for the rejection. This section tured home program requirements. does not supersede section 605 of the A state with an accepted dispute res- National Manufactured Housing Con- olution program will operate in lieu of struction and Safety Standards Act of HUD’s Manufactured Home Dispute 1974 (42 U.S.C. 5404). Resolution Program established under subpart B of this part 3288. A state dis- PARTS 3289–3799 [RESERVED] pute resolution program, even if it is an accepted dispute resolution program PART 3800—INVESTIGATIONS IN under this part, does not supersede the CONSUMER REGULATORY PRO- requirements applicable to any other GRAMS aspect of HUD’s manufactured home program. Any responsibilities, rights, Sec. and remedies applicable under the 3800.10 Scope of rules. Manufactured Home Construction and 3800.20 Subpoenas in investigations. Safety Standards in part 3280 of this 3800.30 Subpoena enforcement in district chapter and the Manufactured Home court. Procedural and Enforcement Regula- 3800.40 Investigational proceedings. tions in part 3282 of this chapter con- 3800.50 Rights of witnesses in investiga- tinue to apply as provided in those tional proceedings. 3800.60 Settlements. parts in all states. AUTHORITY: 12 U.S.C. 2601 et seq.; 15 U.S.C. Subpart E—Dispute Resolution 1714; 42 U.S.C. 3535(d) and 5413. Program Rulemaking Procedures SOURCE: 61 FR 10441, Mar. 13, 1996, unless otherwise noted. § 3288.300 Applicability. § 3800.10 Scope of rules. This subpart establishes special regulatory procedures for issuing or revis- This part applies to investigations ing dispute resolution program regula- and investigational proceedings under- tions as codified in this part. taken by the Secretary, or the Sec- retary’s designee, pursuant to the fol- § 3288.305 Consultation with the Man- lowing: ufactured Housing Consensus Com- (a) The Interstate Land Sales Full mittee. Disclosure Act, 15 U.S.C. 1701 et seq.; HUD will seek input from the MHCC (b) The National Manufactured Hous- when revising the HUD Manufactured ing Construction and Safety Standards Home Dispute Resolution Program reg- Act of 1974, 42 U.S.C. 5401 et seq.; and ulations in this part 3288. Before publi- (c) The Real Estate Settlement Pro- cation of a proposed rule to revise cedures Act of 1974, 12 U.S.C. 2601 et seq. these regulations, HUD will provide the MHCC with an opportunity to com- § 3800.20 Subpoenas in investigations. ment on such revision. The MHCC may (a) The Secretary may issue sub- send to HUD any of the MHCC’s own poenas relating to any matter under recommendations to adopt new dispute investigation. A subpoena may: resolution program regulations or to (1) Require testimony to be taken by modify or repeal any of the regulations interrogatories; in this part. Along with each rec- (2) Require the attendance and testi- ommendation, the MHCC must set mony of witnesses at a specific time forth pertinent data and arguments in and place; support of the action sought. HUD will (3) Require access to, examination of, either: accept or modify the rec- and the right to copy documents; and ommendation and publish it for public (4) Require the production of docu- comment in accordance with section ments at a specific time and place. 553 of the Administrative Procedure (b) A subpoenaed person may petition Act (5 U.S.C. 553), along with an expla- the Secretary or the Secretary’s des- nation of the reasons for any such ignee to modify or withdraw a sub- modification; or reject the rec- poena by filing the petition within 10 ommendation entirely, and provide to days after service of the subpoena. The the MHCC a written explanation of the petition may be in letter form, but

286

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00296 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Office of Asst. Sec. for Housing, HUD § 3800.60

must set forth the facts and law upon (b) In a nonpublic investigational which the petition is based. proceeding, the presiding official may for good cause limit a witness to an in- § 3800.30 Subpoena enforcement in spection of the official transcript of district court. that witness’s testimony. In the case of contumacy of a witness (c) Any person subpoenaed to appear or a witness’s refusal to obey a sub- at an investigational proceeding may poena or order of the Secretary, the be represented by counsel as follows: United States district court for the ju- (1) With respect to any question risdiction in which an investigation is asked of a witness, a witness may ob- carried on may issue an order requiring tain confidential advice from counsel; compliance with the subpoena. HUD (2) If a witness refuses to answer a headquarters in Washington, DC, is one question, counsel for the witness may of the locations in which the Secretary briefly state the legal grounds for the carries on investigations of its consumer regulatory programs. refusal; (3) Counsel for the witness may ob- § 3800.40 Investigational proceedings. ject to a question or a request for pro- (a) For the purpose of hearing the duction of documents that is beyond testimony of witnesses and receiving the scope of the investigation or for documents and other data relating to which a privilege of the witness to any subject under investigation, the refuse to answer may be invoked. In so Secretary, or the Secretary’s designee, doing, counsel for the witness may may conduct an investigational pro- state briefly the grounds for the objec- ceeding. tion. Objections will be deemed con- (b) The Secretary, or the Secretary’s tinuing throughout the course of the designee, (‘‘presiding official’’) shall proceeding. Repetitious or cumulative preside over the investigational pro- statements of an objection or the ceeding. The proceeding shall be steno- grounds for an objection are unneces- graphically or mechanically reported. sary and impermissible; and A transcript shall be a part of the (4) After the Department’s examina- record of the investigation. tion of a witness, counsel for the wit- (c) Unless the presiding official deter- ness may request that the witness be mines otherwise, investigational pro- permitted to clarify any answers to ceedings shall be public. correct any ambiguity, equivocation, (d) The presiding official shall take or incompleteness in the witness’s tes- all necessary action to regulate the timony. The decision to grant or deny course of the proceeding to avoid delay this request is within the sole discre- and to maintain order. If necessary to tion of the presiding official. maintain order, the presiding official may exclude a witness or counsel from § 3800.60 Settlements. a proceeding. The Department may (a) At any time during an investiga- also take further action as permitted tion, the Department and the parties by statute. subject to an investigation may con- § 3800.50 Rights of witnesses in inves- duct settlement negotiations. tigational proceedings. (b) When the Secretary or Sec- (a) Any person who testifies at a pub- retary’s designee deems it appropriate, lic investigational proceeding shall be the Department may enter into a set- entitled, on payment of costs, to pur- tlement agreement. chase a copy of a transcript of the testimony the person provided. PARTS 3801–3899 [RESERVED]

287

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00297 Fmt 8010 Sfmt 8006 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00298 Fmt 8010 Sfmt 8006 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CHAPTER XXIV—BOARD OF DIRECTORS OF THE HOPE FOR HOMEOWNERS PROGRAM [RESERVED]

PARTS 4000–4099 [RESERVED]

289

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00299 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00300 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CHAPTER XXV—NEIGHBORHOOD REINVESTMENT CORPORATION

Part Page 4100 Organization and channeling of functions ...... 293 4101–4199 [Reserved]

291

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00301 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00302 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR PART 4100—ORGANIZATION AND ences, obtain improved public services CHANNELING OF FUNCTIONS and amenities, and improve the neighborhood’s image and the functioning of Sec. its real estate market are also under- 4100.1 Functions and activities. taken. To insure the continuing effec- 4100.2 General organization. tiveness of NHS programs, the Corpora- 4100.3 Field activities. tion provides grants, training, informa- 4100.4 Inquiries. tion and technical services to NHS pro- AUTHORITY: Title VI, Pub. L. 95–557, 92 grams.’ Stat. 2115 (42 U.S.C. 8101 et seq.); as amended (2) Mutual Housing Associations. The by sec. 315, Pub. L. 96–399, 94 Stat. 1645; sec. Corporation also supports the organiza- 710, Pub. L. 97–320, 96 Stat. 1544; and sec. 520, Pub. L. 100–242, 101 Stat. 1815. tional development of, and provides technical assistance to, Mutual Hous- SOURCE: 49 FR 12700, Mar. 30, 1984, unless ing Associations. Mutual Housing As- otherwise noted. sociations are private, nonprofit orga- § 4100.1 Functions and activities. nizations which own, manage and con- (a) General statement. The Neighbor- tinually develop affordable housing. hood Reinvestment Corporation (re- Mutual Housing residents are members ferred to in this part as the Corporation) of the Association which owns and was established by Congress in the manages their buildings; thus they Neighborhood Reinvestment Corpora- enjoy the security of long-term hous- tion Act (title VI of the Housing and ing tenure. Mutual Housing develop- Community Development Amendments ments are capitalized through up-front of 1978, Pub. L. 95–557, October 31, 1978). grants and mortgages in a combination The Corporation is not a department, that ensures permanent affordability agency, or instrumentality of the Fed- to low- and moderate-income families. eral Government. Monthly housing charges to residents (b) The Corporation is authorized to are kept at affordable levels on a con- receive and expend Federal appropria- tinuing basis. A key element of Mutual tions and other public and private reve- Housing is the Association’s commit- nues to conduct a variety of programs ment to use all resources in excess of designed primarily to revitalize older operating and maintenance costs for urban neighborhoods by mobilizing the production of additional units. A public, private, and community re- Mutual Housing Association’s board of sources at the neighborhood level. directors includes current member- These programs include: residents, potential residents, and rep- (1) Neighborhood Housing Services. The resentatives from the community, major effort of the Corporation is to local government and business. Resi- assist local communities in the devel- dents and community members make opment, expansion and provision of up the majority on the board. A highly technical services to local Neighbor- qualified professional staff, employed hood Housing Services (NHS) pro- by the Mutual Housing Association, grams. NHS programs are based upon carries out the day-to-day activities of partnerships of community residents, the organization. In addition to cre- and representatives of local govern- ating new affordable housing opportu- ments and financial institutions. Each local program is administered by an nities, Mutual Housing Associations autonomous, private, non-profit cor- offer a creative alternative for sub- poration, and conducts a comprehen- sidized rental housing developments sive revitalization effort in locally se- whose subsidies are scheduled to ex- lected neighborhoods. Services to pire. neighborhood residents include reha- (3) Neighborhood preservation projects. bilitation counseling, construction as- The Corporation identifies, monitors, sistance, financial counseling, loan re- evaluates and supports through dem- ferrals and loans at flexible rates and onstration grants and technical assist- terms to homeowners who do not meet ance other promising neighborhood private lending criteria. Programs and preservation strategies based on local, strategies to remove blighting influ- public-private partnerships.

293

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00303 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 4100.1 24 CFR Ch. XXV (4–1–19 Edition)

(4) Programmatic supplements. Proven, (C) The Infill Housing program pro- replicable programmatic tools are of- vides a mechanism for assisting NHSs fered as broadly as resources permit. in building new units on vacant land to Often, these selected strategies are meet the needs of prospective lower in- supported by Neighborhood Reinvest- come homeowners. ment grants. The Corporation’s major (D) The Urban Subdivisions program programmatic supplements include the focuses on providing low cost, new following: housing for low-to-moderate income (i) Neighborhood economic development families on tracts of land suitable for and commercial revitalization strategies. the construction of 20 or more units. The Corporation’s neighborhood eco- (iii) Problem properties strategies. This nomic development and commercial re- program assists NHSs in addressing vitalization strategies offer NHSs a va- specific problem areas beyond the riety of tools designed to stabilize and scope of basic NHS services and typical enhance the economic base of NHS financial resources. Through the imple- neighborhoods. They complement mentation of various problem prop- NHSs’ revitalization mission by focus- erties strategies, NHS programs are ing the energies and resources of the able to assist tenants to purchase, im- partnership on the economic issues un- prove the physical condition of target derlying neighborhood decline. Neigh- blocks, eliminate vacant neighborhood borhood economic development and eyesores, develop housing and service commercial revitalization assures a facilities for special populations, and viable neighborhood economy by stimulate private reinvestment and strengthening small businesses and im- new conventional mortgages in the proving the physical environment of NHS community. the area, thus providing additional (5) Apartment Improvement Program. goods, services, and employment oppor- The goal of the Apartment Improve- tunities for the community. ment Program is to provide an effec- (ii) Housing Development Strategies. tive, economical means of revitalizing The Corporation’s Housing Develop- and preserving neighborhoods with ment Strategies program addresses the multi-family housing for the benefit of shortage of affordable, quality housing the current residents. The program is available to low to moderate income based upon a partnership of tenants families in NHS neighborhoods, as well and community representatives, prop- as the blighting effect of vacant lots erty owners and managers, financial and substandard properties. Home own- institutions and local government. The ership opportunities are created program assists in the development of through the planning and implementa- an individually tailored improvement tion of a variety of housing mecha- plan of activities from which each nisms by the NHS, which are intended building may benefit, including tenant to reverse negative real estate market participation, tax assessment reviews, trends, enhance new residential and increased investment or restruc- growth, and create renewed neighbor- tured mortgages to improve the eco- hood pride. The mechanisms being used nomic viability of the buildings and to to achieve these goals include the fol- finance improvements. lowing. (A) The Owner Built Housing pro- (6) Neighborhood Housing Services of gram is a supervised housing construc- America. The Corporation also supports tion process that helps moderate-in- Neighborhood Housing Services of come homeowners to collectively build America (NHSA), an independent, pri- their own homes. The NHS provides vate, non-profit corporation which pro- technical assistance while private lend- vides a variety of services to local NHS ers and public bodies providing financ- programs, including a secondary mar- ing. ket for NHS revolving loan fund loans, (B) The Owner Rehab Housing pro- and the strengthening of private sector gram assists low to moderate income resources available to the network of families in collectively rehabilitating local NHSs. existing blighted and vacant struc- [49 FR 12700, Mar. 30, 1984, as amended at 54 tures. FR 13061, Mar. 30, 1989]

294

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00304 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Neighborhood Reinvestment Corporation § 4100.3

§ 4100.2 General organization. that Act may be amended from time to (a) The Board of Directors. (1) The Cor- time. Consistent with this responsi- poration is under the direction of a bility, the Secretary of the Corporation Board of Directors composed of six provides to the Communications De- members: the Chairman of the Federal partment at the principal office of the Home Loan Bank Board or a member of Corporation such records as the Act re- the Federal Home Loan Bank Board quires to be made available to the pub- designated by the Chairman; the Sec- lic for access during regular office retary of Housing and Urban Develop- hours on regular business days. (b) (1) The officers of the ment; the Chairman of the Board of The Officers. Corporation are the Executive Direc- Governors of the Federal Reserve Sys- tor, the Deputy Executive Director, the tem, or a member of the Board of Gov- Secretary, the Treasurer, and such ernors of the Federal Reserve System other officer positions as the Board designated by the Chairman; the Chair- may, in consultation with the Execu- man of the Federal Deposit Insurance tive Director, create. The Board elects Corporation or the appointive member the officers of the Corporation annu- of the Board of Directors of the Federal ally. Deposit Insurance Corporation if so (2) The Neighborhood Reinvestment designated by the Chairman; the Comp- Corporation Act provides that the Ex- troller of the Currency; and the Chair- ecutive Director shall serve as the man of the National Credit Union Ad- chief executive officer of the Corpora- ministration, or a member of the Board tion. Consistent with that authority, of the National Credit Union Adminis- the Corporation’s Bylaws provide that tration designated by the Chairman. the Executive Director shall have the Members of the Board serve without responsibility and authority for the additional compensation. The Board day-to-day administration of the af- elects from among its members a fairs of the Corporation under the gen- Chairman and Vice-Chairman. The By- eral supervision of the Board. The laws of the Corporation provide for the Board periodically reviews the activi- creation of an Audit Committee, and such other committees as the Board ties of the Executive Director and, may from time to time establish. from time to time, provides guidance (2) The Board holds an Annual Meet- and policy direction to the Executive ing each year during the month of May Director in the exercise of his or her (or as the Bylaws or the Board may authority. specify). The Board also holds regular (3) The responsibilities and authori- meetings at least quarterly and special ties of the other officers of the Cor- meetings as required. The meetings of poration are set forth in the Corpora- the Board are conducted in accordance tion’s Bylaws, resolutions and policies with provisions of the Neighborhood adopted by the Board, duties and au- Reinvestment Corporation Act, the thorities delegated to each officer, Government in the Sunshine Act (5 other statutes and this statement. U.S.C. 552b), the Corporation’s Bylaws, (See, for example, the Government in and when not inconsistent with the the Sunshine Act and paragraph (a)(3) foregoing, with Robert’s Rules of of this section for specific duties of the Order. Every portion of every meeting Secretary and General Counsel.) of the Board is open to public observa- (c) Principal office. The Corporation tion except as provided by the Govern- maintains its principal office in the ment in the Sunshine Act. Interested District of Columbia. Currently, the members of the public may attend such principal office is maintained at 1325 G meetings, but may not participate Street NW., Suite 800, Washington, DC therein unless invited or permitted to 20005. do so by the Board. [49 FR 12700, Mar. 30, 1984, as amended at 54 (3) The Secretary of the Corporation, FR 13062, Mar. 30, 1989] in consultation with the Corporation’s General Counsel, is responsible for tak- § 4100.3 Field activities. ing such steps as are required to ensure The Corporation conducts its field the Corporation’s compliance with the activities from district and field offices Government in the Sunshine Act, as around the country. District offices

295

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00305 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 4100.4 24 CFR Ch. XXV (4–1–19 Edition)

provide coordination of field activities mitted in writing and state the full in support of local programs within the name and address of the person re- geographic limits of each district. questing the records and a description Field offices within each district proof the records or other information vide assistance in the development and sought that is reasonably sufficient to support of local programs. A current permit their identification without directory of all district and field offices undue difficulty. A request should be can be obtained upon request from the submitted sufficiently in advance of Communications Department, Neigh- the date inspection or copying is de- borhood Reinvestment Corporation, sired, preferably by mail. 1325 G Street NW., Suite 800, Wash- (2) Although the Corporation finds ington, DC 20005. that the publication of indexes of [49 FR 12700, Mar. 30, 1984, as amended at 54 statements of policy and interpreta- FR 13061, Mar. 30, 1989] tions or administrative staff manuals and instructions would be unnecessary § 4100.4 Inquiries. and impracticable, such information (a) General. All requests for informa- will be made available upon request. tion, forms, and records should be ad- (d) Fees for providing copies for records. dressed to: Communications Depart- Fees shall be assessed pursuant to the ment, Neighborhood Reinvestment Cor- Freedom of Information Act (5 U.S.C. poration, 1325 G Street NW., Suite 800, 552) in order to recover the full allow- Washington, DC 20005. able direct costs of providing copies of (b) Applications. Applications for the records. For purposes of this section, Corporation’s assistance in the devel- the term direct costs means those ex- opment of NHS programs and com- penditures which the Corporation actu- plementary programs and strategies, or ally incurs in searching for and dupli- the support of other promising neigh- cating (and in the case of commercial borhood strategies are accepted on an use requesters, reviewing) documents ongoing basis. Local governmental or to respond to a Freedom of Information nonprofit entities should submit com- Act (‘‘FOIA’’) request. Direct costs in- pleted applications (forms are available clude, for example, the salaries of the upon request), including supportive employees performing the work (the materials, to the Corporation at the basic rate of pay plus 16 percent of that address stated in paragraph (a) of this rate to cover benefits) and the cost of section. The Corporation reviews appli- operating duplicating equipment. The cations to determine their readiness term search includes all time spent for development or support. Promising looking for material that is responsive applications are selected for field re- to a request, including page-by-page or views. Subject to the availability of line-by-line identification of material the Corporation’s resources, the Cor- within documents. Searches may be poration may enter into agreements done manually or by computer using with top ranking applicants to provide existing programming. The term dupli- financial and technical assistance in cation refers to the process of making a the development or support of selected copy of a document necessary to re- programs. The application form con- spond to a FOIA request. Such copies tains a list of the criteria used for de- can take the form of paper copy, micro- termining the readiness and promise of film, audiovisual materials, or machine applications. readable documentation (e.g., magnetic (c) Records. (1) The Corporation main- tape or disk), among others. The term tains such records and information for review refers to the process of exam- public inspection and copying as are re- ining documents located in response to quired by the Freedom of Information a commercial use request to determine Act (5 U.S.C. 552), as that Act may be whether any portion of any document amended from time to time. Records is permitted to be withheld. It also in- are available for public inspection and cludes processing any documents for copying during regular business hours disclosure, e.g., doing all that is nec- on regular business days at the address essary to exise them and otherwise pre- stated in paragraph (a) of this section. pare them for release. Review does not Requests for records should be sub- include time spent resolving general

296

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00306 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Neighborhood Reinvestment Corporation § 4100.4

legal or policy issues regarding the ap- (iii) Requesters who are representatives plication of exemptions. A schedule of the news media. For purposes of this based on these principles is set forth in section, the term representative of the paragraph (d)(9) of this section. news media refers to any person ac- (1) Categories of requesters. Fees will tively gathering information for an en- be assessed according to the category tity that is organized and operated to of the requester. There are four cat- publish or broadcast news to the pub- egories: lic. Examples of news media entities (i) Commercial use requesters. For pur- include television or radio stations poses of this section, the term commer- broadcasting to the public at large, and cial use request refers to a request from publishers of periodicals (but only in or on behalf of one who seeks informa- those instances when they can qualify tion for a use or purpose that furthers as disseminators of news) who make the commercial, trade, or profit inter- their products available for purchase or ests of the requester or the person on subscription by the general public. These examples are not intended to be whose behalf the request is made. In all-inclusive. In the case of freelance determining whether a requester prop- journalists, they may be regarded as erly belongs in this category, the Cor- working for a news organization if they poration will look to the use to which demonstrate a solid basis for expecting the requester will put the documents publication through that organization, requested. If the use is not clear from even though not actually employed by the request itself, or if there is reason- it. A publication contract would be the able cause to doubt the requester’s clearest proof, but the Corporation stated use, the Corporation shall seek may also look at the past publication additional clarification before assign- record of a requester in making this de- ing the request to a specific category. termination. To be eligible for inclu- (ii) Educational and noncommercial sci- sion in this category, a requester must entific institution requesters. For pur- meet the criteria above, and his or her poses of this section, the term edu- request must not be made for a cational institution refers to a preschool, commerical use. In reference to this a public or private elementary or sec- class of requester, a request for records ondary school, an institution of grad- supporting the news dissemination uate higher education, an institution function of the requester shall not be of undergraduate higher education, an considered to be a request that is for a institution of professional education, commercial use. or an institution of vocational edu- (iv) All other requesters. cation, which operates a program or (2) Limitations on fees to be charged— programs of scholarly research. The (i) Commercial use requesters. Commer- term noncommercial scientific institution cial use requesters shall be assessed the refers to an institution that is not op- full direct costs for searching for, re- erated on a commercial basis, as that viewing, and duplicating records, in ac- term is used in paragraph (d)(1)(i) of cordance with the fee schedule at para- this section, and which is operated graph (d)(9) of this section. Commercial solely for the purpose of conducting use requesters are not entitled to the scientific research the results of which free search time or free pages of dupli- are not intended to promote any par- cation provided to other categories of ticular product or industry. To be eligi- requesters. ble for inclusion in this category, re- (ii) Educational and noncommercial sci- questers must show that the request is entific institution requesters. Requesters made as authorized by and under the in this category may be assessed fees auspices of a qualifying institution, only for duplication of records in ex- and that the records are not sought for cess of the first 100 pages. Requesters a commercial use, but are sought in in this category may not be assessed furtherance of scholarly (if the request fees for search or review. is from an educational institution) or (iii) Requesters who are representatives scientific (if the request is from a non- of the news media. Requesters in this commercial scientific institution) re- category may be assessed fees only for search. duplication of records in excess of the

297

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00307 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR § 4100.4 24 CFR Ch. XXV (4–1–19 Edition)

first 100 pages. Requesters in this cat- (5) Advance payments. The Commu- egory may not be assessed fees for re- nications Director is authorized to research or review. quire an advance payment of an (iv) All other requesters. Requesters amount up to the full estimated who do not fit into any of the cat- charges whenever he or she determines egories above shall be assessed fees that: only for searching and duplicating (i) The allowable charges that a re- records, except that the first 100 pages quester may be required to pay are of duplication and the first two hours likely to exceed $250 and the requester of search time shall be furnished with- has no history of payment and cannot out charge. Requesters in this category provide satisfactory assurance that may not be assessed fees for review. payment will be made; or (v) Review of records. Charges will be (ii) A requester has previously failed assessed only for the initial review of to pay a fee charged in a timely man- the located documents and not for time ner. spent at the administrative appeal If such a payment is required, the time level on an exemption applied at the limitations contained in the Freedom initial determination level. However, of Information Act shall not commence where records or portions of records until payment is made. are withheld in full under an exemp- (6) Charging interest. The Corporation tion which is subsequently determined will assess interest charges on any un- not to apply, and these records are re- paid fees starting on the 31st day fol- viewed again to determine the applica- lowing the day on which the billing for bility of other exemptions not pre- fees was sent to the requester. Interest viously considered, charges for review will be at the rate prescribed in 31 are properly assessable. U.S.C. 3717 and will accrue from the date of the billing. Receipt of the fee (vi) Additional copies. The Corpora- by the Corporation, even if not proc- tion will normally furnish only one essed, will stay the accrual of interest. copy of any record. The allowance of Interest is not chargeable for unpaid 100 free pages of duplication under advance payments under paragraph paragraphs (d)(2) (ii), (iii), and (iv) of (d)(5) of this section. this section shall not apply to addi- (7) Aggregating requests. A requester tional copies furnished at the request may not file multiple requests at the of the record requester. Full duplica- same time, each seeking portions of tion fees shall be assessed for each page the document or documents, solely in of each such additional copy. order to avoid payment of fees. When (3) Charges for unsuccessful search. the Corporation reasonably believes Where applicable under paragraph that a requester, or a group of request- (d)(2) of this section search fees may be ers acting in concert, is attempting to assessed for time spent searching, even break a request down into a series of if the Corporation fails to locate the requests for the purpose of evading the records or if records located are deter- assessment of fees, the Corporation mined to be exempt from disclosure. may aggregate any such requests and (4) Notice of anticipated fees in excess of charge accordingly. $25.00. Unless the person making the (8) Waiver or reduction of fee. The Cor- request states in his or her initial re- poration will furnish documents with- quest that he or she will pay all costs out charge or at a reduced charge when regardless of amount, the Corporation it is determined that disclosure of the will notify him or her as soon as pos- information is in the public interest sible if there is reason to believe that because it is likely to contribute sig- the cost for obtaining access to and/or nificantly to public understanding of copies of such records will exceed $25. If the operations or activities of the Cor- such notice is given, the time limita- poration and is not primarily in the tions contained in the Freedom of In- commercial interest of the requester. formation Act shall not commence In making a request for a waiver or re- until the person making the intitial reduction of fees, a requester should in- quest agrees in writing to pay such clude a clear statement of his or her in- cost. terest in the requested documents: The

298

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00308 Fmt 8010 Sfmt 8010 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Neighborhood Reinvestment Corporation § 4100.4

proposed use for the documents and (A) For a paper photocopy of an ex- whether the requester will derive in- isting paper record, $.10 per page. come or other benefit from such use; (B) For duplication of records other and a statement of how the public will than existing paper records (such as benefit from such use. Determinations computer-stored information, audio or concerning waiver or reduction of fees video tapes, microfiche or microfilm), shall be made by the Executive Direc- the fee shall equal the actual direct tor, or his or her designee. cost of production and duplication of (9) Schedule of fees. Fees for searching the records or information in a form for, reviewing, duplicating, and pro- that is reasonably usable by the re- viding records and information of the quester. Corporation under this section will be (10) Processing costs. The Communica- assessed in accordance with the fol- tions Director will waive payment in lowing schedule: instances in which the costs of routine (i) Manual search. For each quarter collection and processing of the fee are hour or fraction thereof: $3.37. likely to equal or exceed the amount of (ii) Computer search. For each quarter the fee. hour or fraction thereof: $3.37. [49 FR 12700, Mar. 30, 1984, as amended at 54 (iii) Review. For each quarter hour or FR 50953, Dec. 19, 1989] fraction thereof: $4.87. (iv) Duplication. PARTS 4101–4199 [RESERVED]

299

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00309 Fmt 8010 Sfmt 8006 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00310 Fmt 8010 Sfmt 8006 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR FINDING AIDS

A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually. Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR List of CFR Sections Affected

301

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00311 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00312 Fmt 8008 Sfmt 8008 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Table of CFR Titles and Chapters (Revised as of April 1, 2019)

Title 1—General Provisions

I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) III Administrative Conference of the United States (Parts 300—399) IV Miscellaneous Agencies (Parts 400—599) VI National Capital Planning Commission (Parts 600—699)

Title 2—Grants and Agreements

SUBTITLE A—OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR GRANTS AND AGREEMENTS I Office of Management and Budget Governmentwide Guidance for Grants and Agreements (Parts 2—199) II Office of Management and Budget Guidance (Parts 200—299) SUBTITLE B—FEDERAL AGENCY REGULATIONS FOR GRANTS AND AGREEMENTS III Department of Health and Human Services (Parts 300—399) IV Department of Agriculture (Parts 400—499) VI Department of State (Parts 600—699) VII Agency for International Development (Parts 700—799) VIII Department of Veterans Affairs (Parts 800—899) IX Department of Energy (Parts 900—999) X Department of the Treasury (Parts 1000—1099) XI Department of Defense (Parts 1100—1199) XII Department of Transportation (Parts 1200—1299) XIII Department of Commerce (Parts 1300—1399) XIV Department of the Interior (Parts 1400—1499) XV Environmental Protection Agency (Parts 1500—1599) XVIII National Aeronautics and Space Administration (Parts 1800— 1899) XX United States Nuclear Regulatory Commission (Parts 2000—2099) XXII Corporation for National and Community Service (Parts 2200— 2299) XXIII Social Security Administration (Parts 2300—2399) XXIV Department of Housing and Urban Development (Parts 2400— 2499) XXV National Science Foundation (Parts 2500—2599) XXVI National Archives and Records Administration (Parts 2600—2699)

303

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00313 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 2—Grants and Agreements—Continued Chap.

XXVII Small Business Administration (Parts 2700—2799) XXVIII Department of Justice (Parts 2800—2899) XXIX Department of Labor (Parts 2900—2999) XXX Department of Homeland Security (Parts 3000—3099) XXXI Institute of Museum and Library Services (Parts 3100—3199) XXXII National Endowment for the Arts (Parts 3200—3299) XXXIII National Endowment for the Humanities (Parts 3300—3399) XXXIV Department of Education (Parts 3400—3499) XXXV Export-Import Bank of the United States (Parts 3500—3599) XXXVI Office of National Drug Control Policy, Executive Office of the President (Parts 3600—3699) XXXVII Peace Corps (Parts 3700—3799) LVIII Election Assistance Commission (Parts 5800—5899) LIX Gulf Coast Ecosystem Restoration Council (Parts 5900—5999)

Title 3—The President

I Executive Office of the President (Parts 100—199)

Title 4—Accounts

I Government Accountability Office (Parts 1—199)

Title 5—Administrative Personnel

I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) IV Office of Personnel Management and Office of the Director of National Intelligence (Parts 1400—1499) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Parts 2100—2199) XIV Federal Labor Relations Authority, General Counsel of the Fed- eral Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Parts 3200—3299) XXIII Department of Energy (Parts 3300—3399) XXIV Federal Energy Regulatory Commission (Parts 3400—3499) XXV Department of the Interior (Parts 3500—3599) XXVI Department of Defense (Parts 3600—3699)

304

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00314 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 5—Administrative Personnel—Continued Chap.

XXVIII Department of Justice (Parts 3800—3899) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199) XXXIII Overseas Private Investment Corporation (Parts 4300—4399) XXXIV Securities and Exchange Commission (Parts 4400—4499) XXXV Office of Personnel Management (Parts 4500—4599) XXXVI Department of Homeland Security (Parts 4600—4699) XXXVII Federal Election Commission (Parts 4700—4799) XL Interstate Commerce Commission (Parts 5000—5099) XLI Commodity Futures Trading Commission (Parts 5100—5199) XLII Department of Labor (Parts 5200—5299) XLIII National Science Foundation (Parts 5300—5399) XLV Department of Health and Human Services (Parts 5500—5599) XLVI Postal Rate Commission (Parts 5600—5699) XLVII Federal Trade Commission (Parts 5700—5799) XLVIII Nuclear Regulatory Commission (Parts 5800—5899) XLIX Federal Labor Relations Authority (Parts 5900—5999) L Department of Transportation (Parts 6000—6099) LII Export-Import Bank of the United States (Parts 6200—6299) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Parts 6400—6499) LV National Endowment for the Arts (Parts 6500—6599) LVI National Endowment for the Humanities (Parts 6600—6699) LVII General Services Administration (Parts 6700—6799) LVIII Board of Governors of the Federal Reserve System (Parts 6800— 6899) LIX National Aeronautics and Space Administration (Parts 6900— 6999) LX United States Postal Service (Parts 7000—7099) LXI National Labor Relations Board (Parts 7100—7199) LXII Equal Employment Opportunity Commission (Parts 7200—7299) LXIII Inter-American Foundation (Parts 7300—7399) LXIV Merit Systems Protection Board (Parts 7400—7499) LXV Department of Housing and Urban Development (Parts 7500— 7599) LXVI National Archives and Records Administration (Parts 7600—7699) LXVII Institute of Museum and Library Services (Parts 7700—7799) LXVIII Commission on Civil Rights (Parts 7800—7899) LXIX Tennessee Valley Authority (Parts 7900—7999) LXX Court Services and Offender Supervision Agency for the District of Columbia (Parts 8000—8099) LXXI Consumer Product Safety Commission (Parts 8100—8199) LXXIII Department of Agriculture (Parts 8300—8399)

305

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00315 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 5—Administrative Personnel—Continued Chap.

LXXIV Federal Mine Safety and Health Review Commission (Parts 8400—8499) LXXVI Federal Retirement Thrift Investment Board (Parts 8600—8699) LXXVII Office of Management and Budget (Parts 8700—8799) LXXX Federal Housing Finance Agency (Parts 9000—9099) LXXXIII Special Inspector General for Afghanistan Reconstruction (Parts 9300—9399) LXXXIV Bureau of Consumer Financial Protection (Parts 9400—9499) LXXXVI National Credit Union Administration (Parts 9600—9699) XCVII Department of Homeland Security Human Resources Manage- ment System (Department of Homeland Security—Office of Personnel Management) (Parts 9700—9799) XCVIII Council of the Inspectors General on Integrity and Efficiency (Parts 9800—9899) XCIX Military Compensation and Retirement Modernization Commis- sion (Parts 9900—9999) C National Council on Disability (Parts 10000—10049) CI National Mediation Board (Part 10101)

Title 6—Domestic Security

I Department of Homeland Security, Office of the Secretary (Parts 1—199) X Privacy and Civil Liberties Oversight Board (Parts 1000—1099)

Title 7—Agriculture

SUBTITLE A—OFFICE OF THE SECRETARY OF AGRICULTURE (PARTS 0—26) SUBTITLE B—REGULATIONS OF THE DEPARTMENT OF AGRICULTURE I Agricultural Marketing Service (Standards, Inspections, Mar- keting Practices), Department of Agriculture (Parts 27—209) II Food and Nutrition Service, Department of Agriculture (Parts 210—299) III Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 300—399) IV Federal Crop Insurance Corporation, Department of Agriculture (Parts 400—499) V Agricultural Research Service, Department of Agriculture (Parts 500—599) VI Natural Resources Conservation Service, Department of Agri- culture (Parts 600—699) VII Farm Service Agency, Department of Agriculture (Parts 700— 799) VIII Grain Inspection, Packers and Stockyards Administration (Fed- eral Grain Inspection Service), Department of Agriculture (Parts 800—899)

306

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00316 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 7—Agriculture—Continued Chap.

IX Agricultural Marketing Service (Marketing Agreements and Or- ders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900—999) X Agricultural Marketing Service (Marketing Agreements and Or- ders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Or- ders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599) XVI Rural Telephone Bank, Department of Agriculture (Parts 1600— 1699) XVII Rural Utilities Service, Department of Agriculture (Parts 1700— 1799) XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Depart- ment of Agriculture (Parts 1800—2099) XX Local Television Loan Guarantee Board (Parts 2200—2299) XXV Office of Advocacy and Outreach, Department of Agriculture (Parts 2500—2599) XXVI Office of Inspector General, Department of Agriculture (Parts 2600—2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700—2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800— 2899) XXIX Office of Energy Policy and New Uses, Department of Agri- culture (Parts 2900—2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000—3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100—3199) XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200—3299) XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV National Institute of Food and Agriculture (Parts 3400—3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500— 3599) XXXVI National Agricultural Statistics Service, Department of Agri- culture (Parts 3600—3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700—3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800—3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200—4299)

307

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00317 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 8—Aliens and Nationality Chap.

I Department of Homeland Security (Immigration and Naturaliza- tion) (Parts 1—499) V Executive Office for Immigration Review, Department of Justice (Parts 1000—1399)

Title 9—Animals and Animal Products

I Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 1—199) II Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agri- culture (Parts 200—299) III Food Safety and Inspection Service, Department of Agriculture (Parts 300—599)

Title 10—Energy

I Nuclear Regulatory Commission (Parts 0—199) II Department of Energy (Parts 200—699) III Department of Energy (Parts 700—999) X Department of Energy (General Provisions) (Parts 1000—1099) XIII Nuclear Waste Technical Review Board (Parts 1300—1399) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799) XVIII Northeast Interstate Low-Level Radioactive Waste Commission (Parts 1800—1899)

Title 11—Federal Elections

I Federal Election Commission (Parts 1—9099) II Election Assistance Commission (Parts 9400—9499)

Title 12—Banks and Banking

I Comptroller of the Currency, Department of the Treasury (Parts 1—199) II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V (Parts 500—599) [Reserved] VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX Federal Housing Finance Board (Parts 900—999) X Bureau of Consumer Financial Protection (Parts 1000—1099) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XII Federal Housing Finance Agency (Parts 1200—1299) XIII Financial Stability Oversight Council (Parts 1300—1399)

308

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00318 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 12—Banks and Banking—Continued Chap.

XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVI Office of Financial Research (Parts 1600—1699) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Depart- ment of the Treasury (Parts 1800—1899)

Title 13—Business Credit and Assistance

I Small Business Administration (Parts 1—199) III Economic Development Administration, Department of Com- merce (Parts 300—399) IV Emergency Steel Guarantee Loan Board (Parts 400—499) V Emergency Oil and Gas Guaranteed Loan Board (Parts 500—599)

Title 14—Aeronautics and Space

I Federal Aviation Administration, Department of Transportation (Parts 1—199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200—399) III Commercial Space Transportation, Federal Aviation Adminis- tration, Department of Transportation (Parts 400—1199) V National Aeronautics and Space Administration (Parts 1200— 1299) VI Air Transportation System Stabilization (Parts 1300—1399)

Title 15—Commerce and Foreign Trade

SUBTITLE A—OFFICE OF THE SECRETARY OF COMMERCE (PARTS 0— 29) SUBTITLE B—REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499) VII Bureau of Industry and Security, Department of Commerce (Parts 700—799) VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) XI National Technical Information Service, Department of Com- merce (Parts 1100—1199)

309

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00319 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 15—Commerce and Foreign Trade—Continued Chap.

XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499) SUBTITLE C—REGULATIONS RELATING TO FOREIGN TRADE AGREE- MENTS XX Office of the United States Trade Representative (Parts 2000— 2099) SUBTITLE D—REGULATIONS RELATING TO TELECOMMUNICATIONS AND INFORMATION XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300—2399) [Reserved]

Title 16—Commercial Practices

I Federal Trade Commission (Parts 0—999) II Consumer Product Safety Commission (Parts 1000—1799)

Title 17—Commodity and Securities Exchanges

I Commodity Futures Trading Commission (Parts 1—199) II Securities and Exchange Commission (Parts 200—399) IV Department of the Treasury (Parts 400—499)

Title 18—Conservation of Power and Water Resources

I Federal Energy Regulatory Commission, Department of Energy (Parts 1—399) III Delaware River Basin Commission (Parts 400—499) VI Water Resources Council (Parts 700—799) VIII Susquehanna River Basin Commission (Parts 800—899) XIII Tennessee Valley Authority (Parts 1300—1399)

Title 19—Customs Duties

I U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury (Parts 0—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV U.S. Immigration and Customs Enforcement, Department of Homeland Security (Parts 400—599) [Reserved]

Title 20—Employees’ Benefits

I Office of Workers’ Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399) III Social Security Administration (Parts 400—499)

310

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00320 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 20—Employees’ Benefits—Continued Chap.

IV Employees’ Compensation Appeals Board, Department of Labor (Parts 500—599) V Employment and Training Administration, Department of Labor (Parts 600—699) VI Office of Workers’ Compensation Programs, Department of Labor (Parts 700—799) VII Benefits Review Board, Department of Labor (Parts 800—899) VIII Joint Board for the Enrollment of Actuaries (Parts 900—999) IX Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 1000—1099)

Title 21—Food and Drugs

I Food and Drug Administration, Department of Health and Human Services (Parts 1—1299) II Drug Enforcement Administration, Department of Justice (Parts 1300—1399) III Office of National Drug Control Policy (Parts 1400—1499)

Title 22—Foreign Relations

I Department of State (Parts 1—199) II Agency for International Development (Parts 200—299) III Peace Corps (Parts 300—399) IV International Joint Commission, United States and Canada (Parts 400—499) V Broadcasting Board of Governors (Parts 500—599) VII Overseas Private Investment Corporation (Parts 700—799) IX Foreign Service Grievance Board (Parts 900—999) X Inter-American Foundation (Parts 1000—1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100—1199) XII United States International Development Cooperation Agency (Parts 1200—1299) XIII Millennium Challenge Corporation (Parts 1300—1399) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400—1499) XV African Development Foundation (Parts 1500—1599) XVI Japan-United States Friendship Commission (Parts 1600—1699) XVII United States Institute of Peace (Parts 1700—1799)

Title 23—Highways

I Federal Highway Administration, Department of Transportation (Parts 1—999)

311

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00321 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 23—Highways—Continued Chap.

II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200—1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300—1399)

Title 24—Housing and Urban Development

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199) II Office of Assistant Secretary for Housing-Federal Housing Com- missioner, Department of Housing and Urban Development (Parts 200—299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300—399) IV Office of Housing and Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Develop- ment (Parts 400—499) V Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 500—599) VI Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 600—699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Devel- opment (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700—799) VIII Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Section 8 Housing Assistance Programs, Section 202 Di- rect Loan Program, Section 202 Supportive Housing for the El- derly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800—899) IX Office of Assistant Secretary for Public and Indian Housing, De- partment of Housing and Urban Development (Parts 900—1699) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XV Emergency Mortgage Insurance and Loan Programs, Depart- ment of Housing and Urban Development (Parts 2700—2799) [Reserved] XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899) XXIV Board of Directors of the HOPE for Homeowners Program (Parts 4000—4099) [Reserved] XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)

312

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00322 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 25—Indians Chap.

I Bureau of Indian Affairs, Department of the Interior (Parts 1— 299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Inte- rior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—899) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900—999) VI Office of the Assistant Secretary, Indian Affairs, Department of the Interior (Parts 1000—1199) VII Office of the Special Trustee for American Indians, Department of the Interior (Parts 1200—1299)

Title 26—Internal Revenue

I Internal Revenue Service, Department of the Treasury (Parts 1— End)

Title 27—Alcohol, Tobacco Products and Firearms

I Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (Parts 1—399) II Bureau of Alcohol, Tobacco, Firearms, and Explosives, Depart- ment of Justice (Parts 400—699)

Title 28—Judicial Administration

I Department of Justice (Parts 0—299) III Federal Prison Industries, Inc., Department of Justice (Parts 300—399) V Bureau of Prisons, Department of Justice (Parts 500—599) VI Offices of Independent Counsel, Department of Justice (Parts 600—699) VII Office of Independent Counsel (Parts 700—799) VIII Court Services and Offender Supervision Agency for the District of Columbia (Parts 800—899) IX National Crime Prevention and Privacy Compact Council (Parts 900—999) XI Department of Justice and Department of State (Parts 1100— 1199)

Title 29—Labor

SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO LABOR I National Labor Relations Board (Parts 100—199)

313

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00323 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 29—Labor—Continued Chap.

II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499) V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999) X National Mediation Board (Parts 1200—1299) XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Employee Benefits Security Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999)

Title 30—Mineral Resources

I Mine Safety and Health Administration, Department of Labor (Parts 1—199) II Bureau of Safety and Environmental Enforcement, Department of the Interior (Parts 200—299) IV Geological Survey, Department of the Interior (Parts 400—499) V Bureau of Ocean Energy Management, Department of the Inte- rior (Parts 500—599) VII Office of Surface Mining Reclamation and Enforcement, Depart- ment of the Interior (Parts 700—999) XII Office of Natural Resources Revenue, Department of the Interior (Parts 1200—1299)

Title 31—Money and Finance: Treasury

SUBTITLE A—OFFICE OF THE SECRETARY OF THE TREASURY (PARTS 0—50) SUBTITLE B—REGULATIONS RELATING TO MONEY AND FINANCE I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799)

314

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00324 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 31—Money and Finance: Treasury—Continued Chap.

VIII Office of Investment Security, Department of the Treasury (Parts 800—899) IX Federal Claims Collection Standards (Department of the Treas- ury—Department of Justice) (Parts 900—999) X Financial Crimes Enforcement Network, Department of the Treasury (Parts 1000—1099)

Title 32—National Defense

SUBTITLE A—DEPARTMENT OF DEFENSE I Office of the Secretary of Defense (Parts 1—399) V Department of the Army (Parts 400—699) VI Department of the Navy (Parts 700—799) VII Department of the Air Force (Parts 800—1099) SUBTITLE B—OTHER REGULATIONS RELATING TO NATIONAL DE- FENSE XII Defense Logistics Agency (Parts 1200—1299) XVI Selective Service System (Parts 1600—1699) XVII Office of the Director of National Intelligence (Parts 1700—1799) XVIII National Counterintelligence Center (Parts 1800—1899) XIX Central Intelligence Agency (Parts 1900—1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000—2099) XXI National Security Council (Parts 2100—2199) XXIV Office of Science and Technology Policy (Parts 2400—2499) XXVII Office for Micronesian Status Negotiations (Parts 2700—2799) XXVIII Office of the Vice President of the United States (Parts 2800— 2899)

Title 33—Navigation and Navigable Waters

I Coast Guard, Department of Homeland Security (Parts 1—199) II Corps of Engineers, Department of the Army, Department of De- fense (Parts 200—399) IV Saint Lawrence Seaway Development Corporation, Department of Transportation (Parts 400—499)

Title 34—Education

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDU- CATION (PARTS 1—99) SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION I Office for Civil Rights, Department of Education (Parts 100—199) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299) III Office of Special Education and Rehabilitative Services, Depart- ment of Education (Parts 300—399)

315

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00325 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 34—Education—Continued Chap.

IV Office of Career, Technical and Adult Education, Department of Education (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) [Reserved] VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvement, Department of Education (Parts 700—799) [Reserved] SUBTITLE C—REGULATIONS RELATING TO EDUCATION XI (Parts 1100—1199) [Reserved] XII National Council on Disability (Parts 1200—1299)

Title 35 [Reserved]

Title 36—Parks, Forests, and Public Property

I National Park Service, Department of the Interior (Parts 1—199) II Forest Service, Department of Agriculture (Parts 200—299) III Corps of Engineers, Department of the Army (Parts 300—399) IV American Battle Monuments Commission (Parts 400—499) V Smithsonian Institution (Parts 500—599) VI [Reserved] VII Library of Congress (Parts 700—799) VIII Advisory Council on Historic Preservation (Parts 800—899) IX Pennsylvania Avenue Development Corporation (Parts 900—999) X Presidio Trust (Parts 1000—1099) XI Architectural and Transportation Barriers Compliance Board (Parts 1100—1199) XII National Archives and Records Administration (Parts 1200—1299) XV Oklahoma City National Memorial Trust (Parts 1500—1599) XVI Morris K. Udall Scholarship and Excellence in National Environ- mental Policy Foundation (Parts 1600—1699)

Title 37—Patents, Trademarks, and Copyrights

I United States Patent and Trademark Office, Department of Commerce (Parts 1—199) II U.S. Copyright Office, Library of Congress (Parts 200—299) III Copyright Royalty Board, Library of Congress (Parts 300—399) IV National Institute of Standards and Technology, Department of Commerce (Parts 400—599)

Title 38—Pensions, Bonuses, and Veterans’ Relief

I Department of Veterans Affairs (Parts 0—199) II Armed Forces Retirement Home (Parts 200—299)

316

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00326 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 39—Postal Service Chap.

I United States Postal Service (Parts 1—999) III Postal Regulatory Commission (Parts 3000—3099)

Title 40—Protection of Environment

I Environmental Protection Agency (Parts 1—1099) IV Environmental Protection Agency and Department of Justice (Parts 1400—1499) V Council on Environmental Quality (Parts 1500—1599) VI Chemical Safety and Hazard Investigation Board (Parts 1600— 1699) VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700—1799) VIII Gulf Coast Ecosystem Restoration Council (Parts 1800—1899)

Title 41—Public Contracts and Property Management

SUBTITLE A—FEDERAL PROCUREMENT REGULATIONS SYSTEM [NOTE] SUBTITLE B—OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS 50 Public Contracts, Department of Labor (Parts 50–1—50–999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51–1—51–99) 60 Office of Federal Contract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor (Parts 60–1—60–999) 61 Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 61–1—61–999) 62—100 [Reserved] SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM 101 Federal Property Management Regulations (Parts 101–1—101–99) 102 Federal Management Regulation (Parts 102–1—102–299) 103—104 [Reserved] 105 General Services Administration (Parts 105–1—105–999) 109 Department of Energy Property Management Regulations (Parts 109–1—109–99) 114 Department of the Interior (Parts 114–1—114–99) 115 Environmental Protection Agency (Parts 115–1—115–99) 128 Department of Justice (Parts 128–1—128–99) 129—200 [Reserved] SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE- MENT [RESERVED] SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATIONS SYSTEM [RESERVED] SUBTITLE F—FEDERAL TRAVEL REGULATION SYSTEM 300 General (Parts 300–1—300–99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301–1—301–99)

317

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00327 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 41—Public Contracts and Property Management—Continued Chap.

302 Relocation Allowances (Parts 302–1—302–99) 303 Payment of Expenses Connected with the Death of Certain Em- ployees (Part 303–1—303–99) 304 Payment of Travel Expenses from a Non-Federal Source (Parts 304–1—304–99)

Title 42—Public Health

I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199) II—III [Reserved] IV Centers for Medicare & Medicaid Services, Department of Health and Human Services (Parts 400—699) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1099)

Title 43—Public Lands: Interior

SUBTITLE A—OFFICE OF THE SECRETARY OF THE INTERIOR (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC LANDS I Bureau of Reclamation, Department of the Interior (Parts 400— 999) II Bureau of Land Management, Department of the Interior (Parts 1000—9999) III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10099)

Title 44—Emergency Management and Assistance

I Federal Emergency Management Agency, Department of Home- land Security (Parts 0—399) IV Department of Commerce and Department of Transportation (Parts 400—499)

Title 45—Public Welfare

SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC WELFARE II Office of Family Assistance (Assistance Programs), Administra- tion for Children and Families, Department of Health and Human Services (Parts 200—299) III Office of Child Support Enforcement (Child Support Enforce- ment Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services (Parts 400—499)

318

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00328 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 45—Public Welfare—Continued Chap.

V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899) IX Denali Commission (Parts 900—999) X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000—1099) XI National Foundation on the Arts and the Humanities (Parts 1100—1199) XII Corporation for National and Community Service (Parts 1200— 1299) XIII Administration for Children and Families, Department of Health and Human Services (Parts 1300—1399) XVI Legal Services Corporation (Parts 1600—1699) XVII National Commission on Libraries and Information Science (Parts 1700—1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899) XXI Commission of Fine Arts (Parts 2100—2199) XXIII Arctic Research Commission (Parts 2300—2399) XXIV James Madison Memorial Fellowship Foundation (Parts 2400— 2499) XXV Corporation for National and Community Service (Parts 2500— 2599)

Title 46—Shipping

I Coast Guard, Department of Homeland Security (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) III Coast Guard (Great Lakes Pilotage), Department of Homeland Security (Parts 400—499) IV Federal Maritime Commission (Parts 500—599)

Title 47—Telecommunication

I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399) IV National Telecommunications and Information Administration, Department of Commerce, and National Highway Traffic Safe- ty Administration, Department of Transportation (Parts 400— 499) V The First Responder Network Authority (Parts 500—599)

319

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00329 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 48—Federal Acquisition Regulations System Chap.

1 Federal Acquisition Regulation (Parts 1—99) 2 Defense Acquisition Regulations System, Department of Defense (Parts 200—299) 3 Department of Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999) 10 Department of the Treasury (Parts 1000—1099) 12 Department of Transportation (Parts 1200—1299) 13 Department of Commerce (Parts 1300—1399) 14 Department of the Interior (Parts 1400—1499) 15 Environmental Protection Agency (Parts 1500—1599) 16 Office of Personnel Management, Federal Employees Health Benefits Acquisition Regulation (Parts 1600—1699) 17 Office of Personnel Management (Parts 1700—1799) 18 National Aeronautics and Space Administration (Parts 1800— 1899) 19 Broadcasting Board of Governors (Parts 1900—1999) 20 Nuclear Regulatory Commission (Parts 2000—2099) 21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100—2199) 23 Social Security Administration (Parts 2300—2399) 24 Department of Housing and Urban Development (Parts 2400— 2499) 25 National Science Foundation (Parts 2500—2599) 28 Department of Justice (Parts 2800—2899) 29 Department of Labor (Parts 2900—2999) 30 Department of Homeland Security, Homeland Security Acquisi- tion Regulation (HSAR) (Parts 3000—3099) 34 Department of Education Acquisition Regulation (Parts 3400— 3499) 51 Department of the Army Acquisition Regulations (Parts 5100— 5199) 52 Department of the Navy Acquisition Regulations (Parts 5200— 5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement (Parts 5300—5399) [Reserved] 54 Defense Logistics Agency, Department of Defense (Parts 5400— 5499) 57 African Development Foundation (Parts 5700—5799) 61 Civilian Board of Contract Appeals, General Services Adminis- tration (Parts 6100—6199) 99 Cost Accounting Standards Board, Office of Federal Procure- ment Policy, Office of Management and Budget (Parts 9900— 9999)

320

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00330 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Title 49—Transportation Chap.

SUBTITLE A—OFFICE OF THE SECRETARY OF TRANSPORTATION (PARTS 1—99) SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION I Pipeline and Hazardous Materials Safety Administration, De- partment of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299) III Federal Motor Carrier Safety Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Homeland Security (Parts 400—499) V National Highway Traffic Safety Administration, Department of Transportation (Parts 500—599) VI Federal Transit Administration, Department of Transportation (Parts 600—699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700—799) VIII National Transportation Safety Board (Parts 800—999) X Surface Transportation Board (Parts 1000—1399) XI Research and Innovative Technology Administration, Depart- ment of Transportation (Parts 1400—1499) [Reserved] XII Transportation Security Administration, Department of Home- land Security (Parts 1500—1699)

Title 50—Wildlife and Fisheries

I United States Fish and Wildlife Service, Department of the Inte- rior (Parts 1—199) II National Marine Fisheries Service, National Oceanic and Atmos- pheric Administration, Department of Commerce (Parts 200— 299) III International Fishing and Related Activities (Parts 300—399) IV Joint Regulations (United States Fish and Wildlife Service, De- partment of the Interior and National Marine Fisheries Serv- ice, National Oceanic and Atmospheric Administration, De- partment of Commerce); Endangered Species Committee Reg- ulations (Parts 400—499) V Marine Mammal Commission (Parts 500—599) VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699)

321

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00331 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00332 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR Alphabetical List of Agencies Appearing in the CFR (Revised as of April 1, 2019)

CFR Title, Subtitle or Agency Chapter Administrative Conference of the United States 1, III Advisory Council on Historic Preservation 36, VIII Advocacy and Outreach, Office of 7, XXV Afghanistan Reconstruction, Special Inspector General for 5, LXXXIII African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development 2, VII; 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Agriculture, Department of 2, IV; 5, LXXIII Advocacy and Outreach, Office of 7, XXV Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Economic Research Service 7, XXXVII Energy Policy and New Uses, Office of 2, IX; 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National Institute of Food and Agriculture 7, XXXIV Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Procurement and Property Management, Office of 7, XXXII Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force, Department of 32, VII Federal Acquisition Regulation Supplement 48, 53 Air Transportation Stabilization Board 14, VI Alcohol and Tobacco Tax and Trade Bureau 27, I Alcohol, Tobacco, Firearms, and Explosives, Bureau of 27, II AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII Animal and Plant Health Inspection Service 7, III; 9, I

323

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00333 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CFR Title, Subtitle or Agency Chapter Appalachian Regional Commission 5, IX Architectural and Transportation Barriers Compliance Board 36, XI Arctic Research Commission 45, XXIII Armed Forces Retirement Home 5, XI Army, Department of 32, V Engineers, Corps of 33, II; 36, III Federal Acquisition Regulation 48, 51 Bilingual Education and Minority Languages Affairs, Office of 34, V Blind or Severely Disabled, Committee for Purchase from 41, 51 People Who Are Broadcasting Board of Governors 22, V Federal Acquisition Regulation 48, 19 Career, Technical, and Adult Education, Office of 34, IV Census Bureau 15, I Centers for Medicare & Medicaid Services 42, IV Central Intelligence Agency 32, XIX Chemical Safety and Hazardous Investigation Board 40, VI Chief Financial Officer, Office of 7, XXX Child Support Enforcement, Office of 45, III Children and Families, Administration for 45, II, III, IV, X, XIII Civil Rights, Commission on 5, LXVIII; 45, VII Civil Rights, Office for 34, I Council of the Inspectors General on Integrity and Efficiency 5, XCVIII Court Services and Offender Supervision Agency for the 5, LXX District of Columbia Coast Guard 33, I; 46, I; 49, IV Coast Guard (Great Lakes Pilotage) 46, III Commerce, Department of 2, XIII; 44, IV; 50, VI Census Bureau 15, I Economic Analysis, Bureau of 15, VIII Economic Development Administration 13, III Emergency Management and Assistance 44, IV Federal Acquisition Regulation 48, 13 Foreign-Trade Zones Board 15, IV Industry and Security, Bureau of 15, VII International Trade Administration 15, III; 19, III National Institute of Standards and Technology 15, II; 37, IV National Marine Fisheries Service 50, II, IV National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV, VI National Technical Information Service 15, XI National Telecommunications and Information 15, XXIII; 47, III, IV Administration National Weather Service 15, IX Patent and Trademark Office, United States 37, I Secretary of Commerce, Office of 15, Subtitle A Commercial Space Transportation 14, III Commodity Credit Corporation 7, XIV Commodity Futures Trading Commission 5, XLI; 17, I Community Planning and Development, Office of Assistant 24, V, VI Secretary for Community Services, Office of 45, X Comptroller of the Currency 12, I Construction Industry Collective Bargaining Commission 29, IX Consumer Financial Protection Bureau 5, LXXXIV; 12, X Consumer Product Safety Commission 5, LXXI; 16, II Copyright Royalty Board 37, III Corporation for National and Community Service 2, XXII; 45, XII, XXV Cost Accounting Standards Board 48, 99 Council on Environmental Quality 40, V Court Services and Offender Supervision Agency for the 5, LXX; 28, VIII District of Columbia Customs and Border Protection 19, I Defense Contract Audit Agency 32, I Defense, Department of 2, XI; 5, XXVI; 32, Subtitle A; 40, VII Advanced Research Projects Agency 32, I Air Force Department 32, VII

324

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00334 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CFR Title, Subtitle or Agency Chapter Army Department 32, V; 33, II; 36, III; 48, 51 Defense Acquisition Regulations System 48, 2 Defense Intelligence Agency 32, I Defense Logistics Agency 32, I, XII; 48, 54 Engineers, Corps of 33, II; 36, III National Imagery and Mapping Agency 32, I Navy Department 32, VI; 48, 52 Secretary of Defense, Office of 2, XI; 32, I Defense Contract Audit Agency 32, I Defense Intelligence Agency 32, I Defense Logistics Agency 32, XII; 48, 54 Defense Nuclear Facilities Safety Board 10, XVII Delaware River Basin Commission 18, III Denali Commission 45, IX Disability, National Council on 5, C; 34, XII District of Columbia, Court Services and Offender Supervision 5, LXX; 28, VIII Agency for the Drug Enforcement Administration 21, II East-West Foreign Trade Board 15, XIII Economic Analysis, Bureau of 15, VIII Economic Development Administration 13, III Economic Research Service 7, XXXVII Education, Department of 2, XXXIV; 5, LIII Bilingual Education and Minority Languages Affairs, Office 34, V of Career, Technical, and Adult Education, Office of 34, IV Civil Rights, Office for 34, I Educational Research and Improvement, Office of 34, VII Elementary and Secondary Education, Office of 34, II Federal Acquisition Regulation 48, 34 Postsecondary Education, Office of 34, VI Secretary of Education, Office of 34, Subtitle A Special Education and Rehabilitative Services, Office of 34, III Educational Research and Improvement, Office of 34, VII Election Assistance Commission 2, LVIII; 11, II Elementary and Secondary Education, Office of 34, II Emergency Oil and Gas Guaranteed Loan Board 13, V Emergency Steel Guarantee Loan Board 13, IV Employee Benefits Security Administration 29, XXV Employees’ Compensation Appeals Board 20, IV Employees Loyalty Board 5, V Employment and Training Administration 20, V Employment Policy, National Commission for 1, IV Employment Standards Administration 20, VI Endangered Species Committee 50, IV Energy, Department of 2, IX; 5, XXIII; 10, II, III, X Federal Acquisition Regulation 48, 9 Federal Energy Regulatory Commission 5, XXIV; 18, I Property Management Regulations 41, 109 Energy, Office of 7, XXIX Engineers, Corps of 33, II; 36, III Engraving and Printing, Bureau of 31, VI Environmental Protection Agency 2, XV; 5, LIV; 40, I, IV, VII Federal Acquisition Regulation 48, 15 Property Management Regulations 41, 115 Environmental Quality, Office of 7, XXXI Equal Employment Opportunity Commission 5, LXII; 29, XIV Equal Opportunity, Office of Assistant Secretary for 24, I Executive Office of the President 3, I Environmental Quality, Council on 40, V Management and Budget, Office of 2, Subtitle A; 5, III, LXXVII; 14, VI; 48, 99 National Drug Control Policy, Office of 2, XXXVI; 21, III National Security Council 32, XXI; 47, 2

325

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00335 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CFR Title, Subtitle or Agency Chapter Presidential Documents 3 Science and Technology Policy, Office of 32, XXIV; 47, II Trade Representative, Office of the United States 15, XX Export-Import Bank of the United States 2, XXXV; 5, LII; 12, IV Family Assistance, Office of 45, II Farm Credit Administration 5, XXXI; 12, VI Farm Credit System Insurance Corporation 5, XXX; 12, XIV Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 1 Federal Aviation Administration 14, I Commercial Space Transportation 14, III Federal Claims Collection Standards 31, IX Federal Communications Commission 5, XXIX; 47, I Federal Contract Compliance Programs, Office of 41, 60 Federal Crop Insurance Corporation 7, IV Federal Deposit Insurance Corporation 5, XXII; 12, III Federal Election Commission 5, XXXVII; 11, I Federal Emergency Management Agency 44, I Federal Employees Group Life Insurance Federal Acquisition 48, 21 Regulation Federal Employees Health Benefits Acquisition Regulation 48, 16 Federal Energy Regulatory Commission 5, XXIV; 18, I Federal Financial Institutions Examination Council 12, XI Federal Financing Bank 12, VIII Federal Highway Administration 23, I, II Federal Home Loan Mortgage Corporation 1, IV Federal Housing Enterprise Oversight Office 12, XVII Federal Housing Finance Agency 5, LXXX; 12, XII Federal Housing Finance Board 12, IX Federal Labor Relations Authority 5, XIV, XLIX; 22, XIV Federal Law Enforcement Training Center 31, VII Federal Management Regulation 41, 102 Federal Maritime Commission 46, IV Federal Mediation and Conciliation Service 29, XII Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII Federal Motor Carrier Safety Administration 49, III Federal Prison Industries, Inc. 28, III Federal Procurement Policy Office 48, 99 Federal Property Management Regulations 41, 101 Federal Railroad Administration 49, II Federal Register, Administrative Committee of 1, I Federal Register, Office of 1, II Federal Reserve System 12, II Board of Governors 5, LVIII Federal Retirement Thrift Investment Board 5, VI, LXXVI Federal Service Impasses Panel 5, XIV Federal Trade Commission 5, XLVII; 16, I Federal Transit Administration 49, VI Federal Travel Regulation System 41, Subtitle F Financial Crimes Enforcement Network 31, X Financial Research Office 12, XVI Financial Stability Oversight Council 12, XIII Fine Arts, Commission of 45, XXI Fiscal Service 31, II Fish and Wildlife Service, United States 50, I, IV Food and Drug Administration 21, I Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Foreign Assets Control, Office of 31, V Foreign Claims Settlement Commission of the United States 45, V Foreign Service Grievance Board 22, IX Foreign Service Impasse Disputes Panel 22, XIV Foreign Service Labor Relations Board 22, XIV Foreign-Trade Zones Board 15, IV Forest Service 36, II General Services Administration 5, LVII; 41, 105

326

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00336 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CFR Title, Subtitle or Agency Chapter Contract Appeals, Board of 48, 61 Federal Acquisition Regulation 48, 5 Federal Management Regulation 41, 102 Federal Property Management Regulations 41, 101 Federal Travel Regulation System 41, Subtitle F General 41, 300 Payment From a Non-Federal Source for Travel Expenses 41, 304 Payment of Expenses Connected With the Death of Certain 41, 303 Employees Relocation Allowances 41, 302 Temporary Duty (TDY) Travel Allowances 41, 301 Geological Survey 30, IV Government Accountability Office 4, I Government Ethics, Office of 5, XVI Government National Mortgage Association 24, III Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Gulf Coast Ecosystem Restoration Council 2, LIX; 40, VIII Harry S. Truman Scholarship Foundation 45, XVIII Health and Human Services, Department of 2, III; 5, XLV; 45, Subtitle A Centers for Medicare & Medicaid Services 42, IV Child Support Enforcement, Office of 45, III Children and Families, Administration for 45, II, III, IV, X, XIII Community Services, Office of 45, X Family Assistance, Office of 45, II Federal Acquisition Regulation 48, 3 Food and Drug Administration 21, I Indian Health Service 25, V Inspector General (Health Care), Office of 42, V Public Health Service 42, I Refugee Resettlement, Office of 45, IV Homeland Security, Department of 2, XXX; 5, XXXVI; 6, I; 8, I Coast Guard 33, I; 46, I; 49, IV Coast Guard (Great Lakes Pilotage) 46, III Customs and Border Protection 19, I Federal Emergency Management Agency 44, I Human Resources Management and Labor Relations 5, XCVII Systems Immigration and Customs Enforcement Bureau 19, IV Transportation Security Administration 49, XII HOPE for Homeowners Program, Board of Directors of 24, XXIV Housing and Urban Development, Department of 2, XXIV; 5, LXV; 24, Subtitle B Community Planning and Development, Office of Assistant 24, V, VI Secretary for Equal Opportunity, Office of Assistant Secretary for 24, I Federal Acquisition Regulation 48, 24 Federal Housing Enterprise Oversight, Office of 12, XVII Government National Mortgage Association 24, III Housing—Federal Housing Commissioner, Office of 24, II, VIII, X, XX Assistant Secretary for Housing, Office of, and Multifamily Housing Assistance 24, IV Restructuring, Office of Inspector General, Office of 24, XII Public and Indian Housing, Office of Assistant Secretary for 24, IX Secretary, Office of 24, Subtitle A, VII Housing—Federal Housing Commissioner, Office of Assistant 24, II, VIII, X, XX Secretary for Housing, Office of, and Multifamily Housing Assistance 24, IV Restructuring, Office of Immigration and Customs Enforcement Bureau 19, IV Immigration Review, Executive Office for 8, V Independent Counsel, Office of 28, VII Independent Counsel, Offices of 28, VI Indian Affairs, Bureau of 25, I, V Indian Affairs, Office of the Assistant Secretary 25, VI

327

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00337 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CFR Title, Subtitle or Agency Chapter Indian Arts and Crafts Board 25, II Indian Health Service 25, V Industry and Security, Bureau of 15, VII Information Resources Management, Office of 7, XXVII Information Security Oversight Office, National Archives and 32, XX Records Administration Inspector General Agriculture Department 7, XXVI Health and Human Services Department 42, V Housing and Urban Development Department 24, XII, XV Institute of Peace, United States 22, XVII Inter-American Foundation 5, LXIII; 22, X Interior, Department of 2, XIV American Indians, Office of the Special Trustee 25, VII Endangered Species Committee 50, IV Federal Acquisition Regulation 48, 14 Federal Property Management Regulations System 41, 114 Fish and Wildlife Service, United States 50, I, IV Geological Survey 30, IV Indian Affairs, Bureau of 25, I, V Indian Affairs, Office of the Assistant Secretary 25, VI Indian Arts and Crafts Board 25, II Land Management, Bureau of 43, II National Indian Gaming Commission 25, III National Park Service 36, I Natural Resource Revenue, Office of 30, XII Ocean Energy Management, Bureau of 30, V Reclamation, Bureau of 43, I Safety and Enforcement Bureau, Bureau of 30, II Secretary of the Interior, Office of 2, XIV; 43, Subtitle A Surface Mining Reclamation and Enforcement, Office of 30, VII Internal Revenue Service 26, I International Boundary and Water Commission, United States 22, XI and Mexico, United States Section International Development, United States Agency for 22, II Federal Acquisition Regulation 48, 7 International Development Cooperation Agency, United 22, XII States International Joint Commission, United States and Canada 22, IV International Organizations Employees Loyalty Board 5, V International Trade Administration 15, III; 19, III International Trade Commission, United States 19, II Interstate Commerce Commission 5, XL Investment Security, Office of 31, VIII James Madison Memorial Fellowship Foundation 45, XXIV Japan–United States Friendship Commission 22, XVI Joint Board for the Enrollment of Actuaries 20, VIII Justice, Department of 2, XXVIII; 5, XXVIII; 28, I, XI; 40, IV Alcohol, Tobacco, Firearms, and Explosives, Bureau of 27, II Drug Enforcement Administration 21, II Federal Acquisition Regulation 48, 28 Federal Claims Collection Standards 31, IX Federal Prison Industries, Inc. 28, III Foreign Claims Settlement Commission of the United 45, V States Immigration Review, Executive Office for 8, V Independent Counsel, Offices of 28, VI Prisons, Bureau of 28, V Property Management Regulations 41, 128 Labor, Department of 2, XXIX; 5, XLII Employee Benefits Security Administration 29, XXV Employees’ Compensation Appeals Board 20, IV Employment and Training Administration 20, V Employment Standards Administration 20, VI Federal Acquisition Regulation 48, 29 Federal Contract Compliance Programs, Office of 41, 60

328

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00338 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CFR Title, Subtitle or Agency Chapter Federal Procurement Regulations System 41, 50 Labor-Management Standards, Office of 29, II, IV Mine Safety and Health Administration 30, I Occupational Safety and Health Administration 29, XVII Public Contracts 41, 50 Secretary of Labor, Office of 29, Subtitle A Veterans’ Employment and Training Service, Office of the 41, 61; 20, IX Assistant Secretary for Wage and Hour Division 29, V Workers’ Compensation Programs, Office of 20, I, VII Labor-Management Standards, Office of 29, II, IV Land Management, Bureau of 43, II Legal Services Corporation 45, XVI Libraries and Information Science, National Commission on 45, XVII Library of Congress 36, VII Copyright Royalty Board 37, III U.S. Copyright Office 37, II Local Television Loan Guarantee Board 7, XX Management and Budget, Office of 5, III, LXXVII; 14, VI; 48, 99 Marine Mammal Commission 50, V Maritime Administration 46, II Merit Systems Protection Board 5, II, LXIV Micronesian Status Negotiations, Office for 32, XXVII Military Compensation and Retirement Modernization 5, XCIX Commission Millennium Challenge Corporation 22, XIII Mine Safety and Health Administration 30, I Minority Business Development Agency 15, XIV Miscellaneous Agencies 1, IV Monetary Offices 31, I Morris K. Udall Scholarship and Excellence in National 36, XVI Environmental Policy Foundation Museum and Library Services, Institute of 2, XXXI National Aeronautics and Space Administration 2, XVIII; 5, LIX; 14, V Federal Acquisition Regulation 48, 18 National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National and Community Service, Corporation for 2, XXII; 45, XII, XXV National Archives and Records Administration 2, XXVI; 5, LXVI; 36, XII Information Security Oversight Office 32, XX National Capital Planning Commission 1, IV, VI National Counterintelligence Center 32, XVIII National Credit Union Administration 5, LXXXVI; 12, VII National Crime Prevention and Privacy Compact Council 28, IX National Drug Control Policy, Office of 2, XXXVI; 21, III National Endowment for the Arts 2, XXXII National Endowment for the Humanities 2, XXXIII National Foundation on the Arts and the Humanities 45, XI National Geospatial-Intelligence Agency 32, I National Highway Traffic Safety Administration 23, II, III; 47, VI; 49, V National Imagery and Mapping Agency 32, I National Indian Gaming Commission 25, III National Institute of Food and Agriculture 7, XXXIV National Institute of Standards and Technology 15, II; 37, IV National Intelligence, Office of Director of 5, IV; 32, XVII National Labor Relations Board 5, LXI; 29, I National Marine Fisheries Service 50, II, IV National Mediation Board 5, CI; 29, X National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV, VI National Park Service 36, I National Railroad Adjustment Board 29, III National Railroad Passenger Corporation (AMTRAK) 49, VII National Science Foundation 2, XXV; 5, XLIII; 45, VI Federal Acquisition Regulation 48, 25 National Security Council 32, XXI

329

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00339 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CFR Title, Subtitle or Agency Chapter National Security Council and Office of Science and 47, II Technology Policy National Technical Information Service 15, XI National Telecommunications and Information 15, XXIII; 47, III, IV, V Administration National Transportation Safety Board 49, VIII Natural Resources Conservation Service 7, VI Natural Resource Revenue, Office of 30, XII Navajo and Hopi Indian Relocation, Office of 25, IV Navy, Department of 32, VI Federal Acquisition Regulation 48, 52 Neighborhood Reinvestment Corporation 24, XXV Northeast Interstate Low-Level Radioactive Waste 10, XVIII Commission Nuclear Regulatory Commission 2, XX; 5, XLVIII; 10, I Federal Acquisition Regulation 48, 20 Occupational Safety and Health Administration 29, XVII Occupational Safety and Health Review Commission 29, XX Ocean Energy Management, Bureau of 30, V Oklahoma City National Memorial Trust 36, XV Operations Office 7, XXVIII Overseas Private Investment Corporation 5, XXXIII; 22, VII Patent and Trademark Office, United States 37, I Payment From a Non-Federal Source for Travel Expenses 41, 304 Payment of Expenses Connected With the Death of Certain 41, 303 Employees Peace Corps 2, XXXVII; 22, III Pennsylvania Avenue Development Corporation 36, IX Pension Benefit Guaranty Corporation 29, XL Personnel Management, Office of 5, I, XXXV; 5, IV; 45, VIII Human Resources Management and Labor Relations 5, XCVII Systems, Department of Homeland Security Federal Acquisition Regulation 48, 17 Federal Employees Group Life Insurance Federal 48, 21 Acquisition Regulation Federal Employees Health Benefits Acquisition Regulation 48, 16 Pipeline and Hazardous Materials Safety Administration 49, I Postal Regulatory Commission 5, XLVI; 39, III Postal Service, United States 5, LX; 39, I Postsecondary Education, Office of 34, VI President’s Commission on White House Fellowships 1, IV Presidential Documents 3 Presidio Trust 36, X Prisons, Bureau of 28, V Privacy and Civil Liberties Oversight Board 6, X Procurement and Property Management, Office of 7, XXXII Public Contracts, Department of Labor 41, 50 Public and Indian Housing, Office of Assistant Secretary for 24, IX Public Health Service 42, I Railroad Retirement Board 20, II Reclamation, Bureau of 43, I Refugee Resettlement, Office of 45, IV Relocation Allowances 41, 302 Research and Innovative Technology Administration 49, XI Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Safety and Environmental Enforcement, Bureau of 30, II Saint Lawrence Seaway Development Corporation 33, IV Science and Technology Policy, Office of 32, XXIV Science and Technology Policy, Office of, and National 47, II Security Council Secret Service 31, IV Securities and Exchange Commission 5, XXXIV; 17, II

330

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00340 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR CFR Title, Subtitle or Agency Chapter Selective Service System 32, XVI Small Business Administration 2, XXVII; 13, I Smithsonian Institution 36, V Social Security Administration 2, XXIII; 20, III; 48, 23 Soldiers’ and Airmen’s Home, United States 5, XI Special Counsel, Office of 5, VIII Special Education and Rehabilitative Services, Office of 34, III State, Department of 2, VI; 22, I; 28, XI Federal Acquisition Regulation 48, 6 Surface Mining Reclamation and Enforcement, Office of 30, VII Surface Transportation Board 49, X Susquehanna River Basin Commission 18, VIII Tennessee Valley Authority 5, LXIX; 18, XIII Trade Representative, United States, Office of 15, XX Transportation, Department of 2, XII; 5, L Commercial Space Transportation 14, III Emergency Management and Assistance 44, IV Federal Acquisition Regulation 48, 12 Federal Aviation Administration 14, I Federal Highway Administration 23, I, II Federal Motor Carrier Safety Administration 49, III Federal Railroad Administration 49, II Federal Transit Administration 49, VI Maritime Administration 46, II National Highway Traffic Safety Administration 23, II, III; 47, IV; 49, V Pipeline and Hazardous Materials Safety Administration 49, I Saint Lawrence Seaway Development Corporation 33, IV Secretary of Transportation, Office of 14, II; 49, Subtitle A Transportation Statistics Bureau 49, XI Transportation, Office of 7, XXXIII Transportation Security Administration 49, XII Transportation Statistics Bureau 49, XI Travel Allowances, Temporary Duty (TDY) 41, 301 Treasury, Department of the 2, X;5, XXI; 12, XV; 17, IV; 31, IX Alcohol and Tobacco Tax and Trade Bureau 27, I Community Development Financial Institutions Fund 12, XVIII Comptroller of the Currency 12, I Customs and Border Protection 19, I Engraving and Printing, Bureau of 31, VI Federal Acquisition Regulation 48, 10 Federal Claims Collection Standards 31, IX Federal Law Enforcement Training Center 31, VII Financial Crimes Enforcement Network 31, X Fiscal Service 31, II Foreign Assets Control, Office of 31, V Internal Revenue Service 26, I Investment Security, Office of 31, VIII Monetary Offices 31, I Secret Service 31, IV Secretary of the Treasury, Office of 31, Subtitle A Truman, Harry S. Scholarship Foundation 45, XVIII United States and Canada, International Joint Commission 22, IV United States and Mexico, International Boundary and Water 22, XI Commission, United States Section U.S. Copyright Office 37, II Utah Reclamation Mitigation and Conservation Commission 43, III Veterans Affairs, Department of 2, VIII; 38, I Federal Acquisition Regulation 48, 8 Veterans’ Employment and Training Service, Office of the 41, 61; 20, IX Assistant Secretary for Vice President of the United States, Office of 32, XXVIII Wage and Hour Division 29, V Water Resources Council 18, VI Workers’ Compensation Programs, Office of 20, I, VII World Agricultural Outlook Board 7, XXXVIII

331

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00341 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00342 Fmt 8092 Sfmt 8092 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR List of CFR Sections Affected All changes in this volume of the Code of Federal Regulations (CFR) that were made by documents published in the FEDERAL REGISTER since January 1, 2014 are enumerated in the following list. Entries indicate the nature of the changes effected. Page numbers refer to FEDERAL REGISTER pages. The user should consult the entries for chapters, parts and subparts as well as sections for revisions. For changes to this volume of the CFR prior to this listing, consult the annual edition of the monthly List of CFR Sections Affected (LSA). The LSA is available at www.govinfo.gov. For changes to this volume of the CFR prior to 2001, see the ‘‘List of CFR Sections Affected, 1949–1963, 1964–1972, 1973–1985, and 1986–2000’’ published in 11 separate volumes. The ‘‘List of CFR Sections Affected 1986–2000’’ is available at www.govinfo.gov.

2014 24 CFR—Continued 80 FR Page 24 CFR 79 FR Chapter XX—Continued Page 3282.7 (kk) redesignated as (ll); Chapter X new (kk) added...... 53727 1710 Removed ...... 34225 3282.8 (a) heading revised ...... 53727 1715 Removed ...... 34225 3282.203 (e) amended...... 53727 1720 Removed ...... 34226 3282.252 (b) revised ...... 53727 Chapter XV 3282.361 (c)(4) amended...... 53727 2700 Removed ...... 46182 3282.362 (d)(5) added...... 53727 Chapter XX 3282.552 Revised ...... 53727 3280.4 (o)(15) added ...... 31863 3282.601—3282.611 (Subpart M) 3280.604 (b)(2) amended...... 31863 Added ...... 53727 3280.607 (b)(3)(v) revised ...... 31863 3285.5 Amended...... 53731 3284.5 Revised ...... 47377 3285.801 (f)(2) revised ...... 53731 3285.5 Amended...... 53614 3285.402 (a) revised; (b) and (c) re- 2016 designated as (c) and (d); new (b) and Appendix added ...... 53614 24 CFR 81 FR 3286.505 (e) revised ...... 53618 Page 3400 Removed ...... 34226 Chapter XX 3500 Removed ...... 34226 Chapter XX Policy statement ...... 73030 Chapter XXIV 3282 Authority citation re- 4000 Removed ...... 41424 vised...... 38936 4001 Removed ...... 41424 3282.10 Revised; interim...... 38936 2015 2017 24 CFR 80 FR 24 CFR 82 FR Page Page Chapter XX Chapter XX 3280.5 (c) revised ...... 53727 3282.10 Revised ...... 24525 3280.305 (k) added ...... 53727

333

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00343 Fmt 8060 Sfmt 8060 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR 24 CFR (4–1–19 Edition) 2018 2019 24 CFR 83 FR (Regulations published from January 1, Page 2019, through April 1, 2019) Chapter XII 2002 Revised ...... 7391 24 CFR 84 FR Page Chapter XX 3282 Authority citation re- Chapter XX vised...... 57688 3282 Authority citation re- 3282.8 (g) removed ...... 57688 vised...... 9454, eff. 4–15–19 3282.10 Revised ...... 32794 3282.10 Revised ...... 9454, eff. 4–15–19 3282.15 Added ...... 57688 3282.16 Added ...... 57688 Æ

334

VerDate Sep<11>2014 11:06 Aug 09, 2019 Jkt 247086 PO 00000 Frm 00344 Fmt 8060 Sfmt 8006 Y:\SGML\247086.XXX 247086 pparker on DSK3GDR082PROD with CFR