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DEPARTMENT OF HOUSING AND the Federal Manufactured Home reviewing possible revisions to the URBAN DEVELOPMENT Construction and Safety Standards (the Construction and Safety Standards. As Construction and Safety Standards) the MHCC proceeded, proposed 24 CFR Parts 3280, 3282, and 3285 codified in 24 CFR part 3280. The Act revisions to the Construction and Safety [Docket No. FR–6149–F–02] was amended in 2000 by the Standards were divided into sets. The Manufactured Housing Improvement first set of revisions proposed by the RIN 2502–AJ49 Act of 2000 (Pub. L. 106–569, approved MHCC was published as a final rule in December 27, 2000) which established the Federal Register on November 30, Manufactured Home Construction and the Manufactured Housing Consensus 2005 (70 FR 72024). The second set of Safety Standards Committee (MHCC), a consensus revisions proposed by the MHCC was AGENCY: Office of the Assistant committee responsible for providing published as a final rule published in Secretary for Housing—Federal Housing HUD recommendations to adopt, revise the Federal Register on December 9, Commissioner, HUD. and interpret the Construction and 2013 (78 FR 73965). This final rule is ACTION: Final rule. Safety Standards. HUD’s Construction based in part on the third set of MHCC and Safety Standards apply to the proposals to revise the Construction and SUMMARY: This final rule amends the design, construction, and installation of Safety Standards published as a Federal Manufactured Home new homes. Changes to the collective proposed rule in the Federal Register on Construction and Safety Standards (the standards are not retroactively enforced January 31, 2020 (85 FR 5589). The Construction and Safety Standards) by by HUD as applicable to previously proposed rule included a MHCC adopting recommendations made to designed, built, and installed homes. proposal to revise the Construction and HUD by the Manufactured Housing As amended, the purposes of the Act Safety Standards to reduce the Consensus Committee (MHCC), as (enumerated at 42 U.S.C. 5401) are: ‘‘(1) regulatory burden by eliminating the modified by HUD. The National To protect the quality, durability, safety, need for manufacturers to obtain special Manufactured Housing Construction and affordability of manufactured approvals from HUD for certain and Safety Standards Act of 1974 (the homes; (2) to facilitate the availability of construction features and options. HUD Act) requires HUD to publish in the affordable manufactured homes and to reviewed the MHCC’s proposals and proposed revised Construction and increase homeownership for all made editorial revisions prior to Safety Standards submitted by the Americans; (3) to provide for the publishing the January 31, 2020, MHCC. The MHCC prepared and establishment of practical, uniform, and, proposed rule. HUD also added submitted to HUD its third group of to the extent possible, performance- proposals that complement the MHCC’s recommendations to improve various based Federal construction standards for recommendations. aspects of the Construction and Safety manufactured homes; (4) to encourage As explained in the January 31, 2020, Standards. HUD reviewed those innovative and cost-effective proposed rule, HUD decided not to recommendations and adopted some of construction techniques for include certain MHCC them after making editorial revisions manufactured homes; (5) to protect recommendations due to pending and some additions. This final rule residents of manufactured homes with regulations for improving energy further revises the Construction and respect to personal injuries and the efficiency in manufactured homes being Safety Standards based on HUD’s amount of insurance costs and property prepared by the U.S. Department of review and incorporation of certain damages in manufactured housing Energy (DOE) under the Energy public comments. consistent with the other purposes of Independence and Security Act (Pub. L. this section; (6) to establish a balanced 110–140, approved December 19, 2007) DATES: Effective Date: March 15, 2021. consensus process for the development, (EISA). DOE published a Notice of The incorporation by reference of revision, and interpretation of Proposed Rulemaking on June 17, 2016 certain publications listed in the rule is Construction and Safety standards for (81 FR 39756) and, more recently, a approved by the Director of the Federal manufactured homes and related Notice of Data Availability, Request for Register as of March 15, 2021. The regulations for the enforcement of such Information on August 3, 2018 (83 FR incorporation by reference of certain standards; (7) to ensure uniform and 38073) regarding energy conservation other publications listed in the rule was effective enforcement of Construction standards for manufactured housing. approved by the Director of the Federal and Safety standards for manufactured Given this DOE rulemaking, HUD Register as of August 11, 1987. homes; and (8) to ensure that the public decided to postpone action on MHCC- FOR FURTHER INFORMATION CONTACT: interest in, and need for, affordable proposed revisions to §§ 3280.502 and Teresa B. Payne, Administrator, Office manufactured housing is duly 3280.506(b), except for the mating wall of Manufactured Housing Programs, considered in all determinations of attached manufactured homes at Office of Housing, U.S. Department of relating to the Federal standards and § 3280.506(b)—an option that is needed Housing and Urban Development, 451 their enforcement.’’ to avoid a more burdensome alternative 7th Street SW, Washington DC 20410; In addition, the amended Act approval process (24 CFR 3282.14— telephone 202–402–5365 (this is not a generally requires HUD to establish Alternative construction of toll-free number). Persons with hearing Construction and Safety Standards that manufactured homes). HUD also or speech impairments may access this are reasonable and practical, meet high decided not to move forward with a new number via TTY by calling the Federal standards of protection, are proposal to add requirements for Information Relay Service at 800–877– performance-based, and are objectively draftstopping to the Construction and 8389 (this is a toll-free number). stated. Congress specifically established Safety Standards. HUD will not include SUPPLEMENTARY INFORMATION: the MHCC to develop proposed or move forward with these revisions to the Construction and Safety recommendations in this final rule. I. Background Standards. The Act provides specific The National Manufactured Housing procedures (42 U.S.C. 5403) for the II. Changes Made at the Final Rule Construction and Safety Standards Act MHCC process. Stage of 1974 (42 U.S.C. 5401–5426) (the Act) The MHCC held its first meeting in In consideration of the public authorizes HUD to establish and amend August 2002 and began work on comments and HUD’s experience

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implementing the program, HUD has attached accessory building or structure revised the fire separation requirements made certain editorial revisions to is built and added on at the home site. in paragraph (c), including that the HUD’s proposals made in the January garage must be separated from the home § 3280.108 Interior Passage 31, 2020, proposed rule. In general, the with appropriate gypsum wallboard or revisions adopt changes to the codified HUD revised paragraph (c) in this equivalent. HUD also added paragraph regulations that reinforce the Act’s section in accordance with the public (h) as suggested by public comment to purposes, namely providing benefits to comments by creating an exception to include that a site-built, self-supported consumers, homeowners, and the the requirement for doors to closets, garage is considered an add-on subject broader community; promoting and pantries, and doors to toilet to § 3282.8(j)(1) and state and local improving consumer and home safety; compartments in single-section homes. authorities. reducing regulatory barriers and Single-section manufactured homes § 3280.213 Factory Constructed or expanding consumer options; and have a smaller living space when Site-Built Attached Carports allowing use of some for the latest compared with a multi-section building technologies and materials manufactured home or a typical site- Similar to the previous section, public while creating more consistency with built home and, thus, closet and pantry commenters also suggested that the State-adopted residential building doors should not be subject to the same distinction between attached and self- codes. HUD declined to adopt some clear opening requirements as a multi- supported structures be emphasized in standards or commenters’ suggested section manufactured home or a typical this section. HUD made several changes changes in some instances based on site-built home. to this section based on public comment, including adding a provision considerations of the statutorily § 3280.114 Stairways prescribed MHCC process, the lack of in paragraph (b) that the manufacturer authority under the Act for HUD to HUD adjusted the rise and run may provide the maximum live and regulate design and construction of dimensions based on public comment. dead loads, and the applied loading certain types of housing, and consumer The changes recommended by public locations that the home is designed to safety. commenters on the proposed rule will resist from the carport, and other design give manufacturers more flexibility The final rule will revise certain limitations or restrictions. when trying to balance the smaller form- sections of the Construction and Safety factor of most homes with consumer § 3280.504 Condensation Control and Standards, as well as the incorporated demand for multiple stories. The edits Installation of Vapor Retarders reference standards where indicated. clarify that the standards do not apply The revisions described below are based Based on public comment, HUD to exterior stairways that are built at the on HUD’s review and consideration of clarified the distinction between mating home site or stairways to basement areas the public comments on the proposed walls and fire separation walls in that are not designed and built as part rule, HUD’s experience with the paragraph (b), stating that the fire of the manufactured home. program, the existent Construction and separation wall between each attached manufactured home must be considered Standards, and the issues raised in the § 3280.209 Smoke Alarm to be an exterior wall pursuant to proposed rule. The final rule also makes Requirements subpart K. minor technical edits to the While HUD did not revise this section Construction and Standards. in the proposed rule, a public § 3280.609 Water Distribution Systems § 3280.5 Data Plate commenter recommended that In order to better protect residents, combination smoke and carbon HUD added relief pipe turndown HUD revised § 3280.5 by revising monoxide alarms be added as requirements to this section based on paragraph (d), pursuant to public acceptable devices to parallel the public comment, stating that exterior comments, to streamline data entry. International Residential Code (IRC). relief drains shall be directed down and Paragraph (d) now reads, ‘‘(d) This Furthermore, the changes to this section shall terminate between 6″ and 24″ manufactured home IS designed to are intended to work in conjunction above finished grade. This is high accommodate the additional loads with the changes to § 3280.211. enough to prevent backflow, but low imposed by the attachment of an § 3280.211 Carbon Monoxide Detectors enough to reduce the risk of injury or attached accessory building or structure accident. in accordance with the manufacturer ‘‘Alarms’’ and ‘‘detectors’’ are installation instructions. The additional different items that serve different § 3280.705 Gas Piping Systems loads are in accordance with the design purposes. HUD changed references from HUD eliminated ‘‘hard pipe’’ in load(s) identified on this Data Plate; or ‘‘detector’’ to ‘‘alarm’’ in response to paragraph (I)(8)(iii), to account for a flex This manufactured home IS NOT public comment. HUD also revised this gas connector rather than a quick- designed to accommodate the additional section to include specific locations disconnect. loads imposed by the attachment of an where such items must be installed attached accessory building or structure rather than just referencing the more § 3280.710 Venting, Ventilation, and in accordance with the manufacturer general standards, such as the National Combustion Air installation instructions.’’ The Fire Protection Association Standard HUD clarified that the placement appropriate designation may be made 720. restrictions apply to exhausts of fuel while still setting forth information that burning appliances and used the § 3280.212 Factory Constructed or may be used by state and local defined term ‘‘habitable rooms’’ in this Site-Built Attached Garages authorities that have enforcement section. This provides consistency authority for site-built structures that Public commenters suggested that the across the regulation. are not integral to the manufactured distinction between attached and self- home produced and shipped by the supported structures be emphasized in § 3280.904 Specific Requirements for manufactured home manufacturer. HUD this section. HUD clarified that Designing the Transportations System seeks to preclude a home from being paragraph (a) applies only to garages In addition to some language and taken out of compliance when an which are not self-supported and grammatical changes, HUD added a

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requirement to check weights with the General Support provided a link to an example of home in a level position ready for The majority of commenters effective models whereby government transport in paragraph (b)(4)(ii), an expressed general support for the agencies rely on ISO/IEC 17020 explicit reference to the Department of proposed changes as part of HUD’s accreditation programs (https:// Transportation’s regulations at 49 CFR effort to update the Construction and www1.nyc.gov/site/buildings/industry/ 1 393.52(d) in paragraph (b)(9)(ii) Safety Standards. These commenters recognized-accrediting-bodies.page). regarding stopping distance, and textual stated that the proposed changes would HUD Response: HUD disagreed with changes to paragraph (b)(9)(iii) benefit homeowners and the broader the commenters. HUD’s regulations at regarding electrical brake wiring. community, promote or improve 24 CFR 3280.2 require products to be listed, certified, or labeled by a § 3280.1002 Definitions consumer and home safety, allow use of the latest building technologies and nationally recognized testing laboratory, In this section, HUD edited the materials, create more consistency with inspection agency, or other organization definition of ‘‘Fire separation wall’’ to State-adopted residential building codes concerned with product evaluation that emphasize the separation between for site-built housing, expand consumer maintains periodic inspection of production of labeled equipment or attached manufactured homes. amenity options (including attached garages, carports, decks and accessory materials, and by whose labeling § 3280.1003 Attached Manufactured buildings), help to include two-story indicates compliance with nationally Home Unit Separation and multifamily guidelines, and recognized standards or tests to eliminate regulations that impede broad determine suitable usage in a specified HUD clarified this section based on access to affordable housing. Several manner. HUD also believed that this public comment, particularly in commenters also urged HUD to move recommendation should be submitted paragraph (a)(1) related to fire forward with publishing the next set of for MHCC review and consideration, resistance. These edits will help HUD proposed updates to address that it is not appropriate for HUD to address minimum fire separation outstanding items. integrate these changes at this final rule requirements for common walls of HUD Response: HUD agreed with the stage, and the commenter should make attached manufactured housing commenters that the proposed changes the proposal through the MHCC process solutions in the Standards. would provide benefits to consumers, through the following website: http:// 2 III. The Public Comments homeowners, and the broader mhcc.homeinnovation.com/. community, and help promote the other Comment: HUD should adopt The public comment period for the purposes and policies of the National universal design standards. January 31, 2020, proposed rule closed Manufactured Housing Construction A commenter who identified as a on March 31, 2020. HUD received forty- and Safety Standards Act of 1974. person with a disability recommended one (41) public comments in response to Comment: Testing requirements that HUD adopt universal design the proposed rule, from various should be included but be accredited to standards in manufactured home manufactured home associations, non- ISO/IEC 17025 or 17020 by accredited construction and encourage profit organizations, and other testing laboratories that are signatories communities and housing agencies to interested parties. This section presents to the International Laboratory do likewise. the significant issues, questions, and Accreditation Cooperation Mutual HUD Response: HUD appreciated the suggestions submitted by public Recognition Arrangement (ILAC MRA). commenter’s perspective that HUD commenters, and HUD’s responses to One commenter stated that several adopt universal design standards. While these issues, questions, and suggestions. parts of the proposed rule reference HUD is fully supportive of the need for Most commenters supported updates testing, such as American Society for affordable and accessible housing, it Testing and Materials, Standard Test to the Construction and Safety noted that universal design can be Methods for Fire Tests of Building Standards, and encouraged HUD to accomplished within the minimum Construction and Materials (ASTM E continue working on updates to, and Construction and Safety standards 119), and recommended that these provided specific recommendations for, requirements already codified. Further, laboratory tests be conducted by ISO/ certain sections of the Construction and many home manufacturers currently IEC 17025 accredited testing offer homes designed and constructed to Standards. For example, several laboratories so as to be assured that the meet universal design standards without commenters supported adding two- testing results are generated by an entity conflicting with HUD’s current family or two- and three-family that has been found to be technically minimum standards. dwelling units to the new Subpart K, competent by an independent, Attached Manufactured Homes and accreditation body. Two commenters General Opposition Special Construction. Some commenters supported testing requirements, but Some commenters stated that the also suggested deleting or removing recommended that these laboratory tests several of the provisions proposed certain changes proposed by HUD. For be accredited to ISO/IEC 17025 or 17020 would increase manufactured home example, some commenters opposed or by accredited testing laboratories that installers’ liability and responsibility if requested clarification of HUD’s are signatories to the International the proposed rule is advanced without proposed changes to stair rise and run Laboratory Accreditation Cooperation significant change. The commenters requirements, and suggested changes to Mutual Recognition Arrangement (ILAC stated home installers were not create consistency among the Standards’ MRA), to assure that the testing results included in deliberations, and, as such, landing requirements and clarify are generated by an entity that has been whether certain requirements apply to found to be technically competent by an 1 NYC Buildings, Recognized Accrediting Bodies, stairs inside, or inside and outside, the independent accreditation body. One NYC.gov, https://www1.nyc.gov/site/buildings/ home. commenter added that this would allow industry/recognized-accrediting-bodies.page (last The following sections summarize the HUD to focus resources on program visited April 20, 2020). 2 Manufactured Housing Consensus Committee, comments received on the proposed oversight and/or research for technical MHCC Proposed Change Form, http:// rule and HUD’s responses: advancements. The commenter mhcc.homeinnovation.com/.

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HUD should not move forward with this Construction letter had been issued, de-facto manufactured housing rule. HUD required specific documentation to ‘‘standards.’’ HUD Response: HUD disagreed with be provided with each affected HUD Response: HUD is currently the commenter that manufactured home manufactured home, including implementing Executive Order 13891, installers were not included in installation instructions. The same or Promoting the Rule of Law Through deliberations. The MHCC membership similar documentation would continue Improved Agency Guidance has included and continues to include to be required pursuant to the Documents,5 and this comment is not representation from at least one requirement for manufacturers to applicable to any aspect addressed in individual with manufactured home provide installation instructions in this rulemaking. installer interest. The MHCC process is accordance with 24 CFR 3280.306(b) Comment: HUD should not provide administered in an open format in and 24 CFR 3285.2. Further, the home competitive advantage to any housing which any member of the public, manufacturer instructions must provide type. including manufactured home minimum installation specifications so Another commenter expressed installers, may participate and address that the home is not taken out of concern regarding any policy that may the Committee, as well as propose compliance with the Construction and give one housing type an unwarranted changes for MHCC review. All such Standards and meets the Model competitive advantage and risks the meetings are published in the Federal Manufactured Home Installation occupants’ health and safety. The Register at least 30 days in advance of Standards. These instructions are commenter stated HUD should refrain meetings. reviewed and approved by HUD- from making any changes that would Comment: Manufacturer approved Design Approval Primary result in furthering the divide between Documentation. Inspection Agencies (DAPIA) and the code requirements for manufactured One commenter stated that the manufacturers are required to provide homes and those that apply to homes proposed rule’s requirements for the the instructions with each manufactured that are stick-built or built using manufacturer to provide documentation home. engineered building systems. The poses problems, because HUD does not commenter urged HUD to maintain this require inspection agencies to check any HUD also disagreed with the balance and continue to facilitate of the documents the manufacturer commenter that requiring the consumer choice by ensuring that provides in the home. The commenter manufacturer to provide the regulatory reform efforts do not favor stated this situation resulted from instructions, without requiring an manufactured homes over other HUD’s Interpretative Bulletin H–1–77,3 inspection to verify the instructions are residences, leading to consumer which the commenter asserted shipped with the home, complicates confusion and unfair marketplace complicates several proposed changes, matters or otherwise poses risks to competition. namely those at §§ 3280.212, 3280.213, consumer health and safety. The HUD Response: HUD’s authority to 3280.612, and 3280.709. The commenter manufacturers’ installation instructions develop and implement standards is stated that if the proposed rule becomes and documentation are required to be applicable only to homes meeting the final, HUD should rescind Interpretive reviewed and approved by its DAPIA to statutory definition of a manufactured Bulletin H–1–77 to account for the help ensure conformance. Further, it is home. However, this rulemaking brings installation program loophole and the the manufacturers’ responsibility to the Standards in closer alignment to failure to provide assurance that the ensure that each home is provided with standards imposed for other types of proper documentation would be installation instructions and associated housing. shipped with the home. Another documentation as approved by its Comment: HUD has no authority to commenter stated a concern with DAPIA. DAPIA-approved quality establish standards for structures potential liability for installation work assurance manuals typically require attached to a manufactured home. related to accessory buildings and other manufacturer verification for the A commenter stated that HUD defined on-site installation, such as certain shipment of the installation ‘‘manufactured housing’’ narrowly in appliances the proposed rule states can instructions. It is the IPIA’s § 3280.2 to mean a structure built on a be shipped ‘‘loose’’ to the homesite. responsibility to ensure the permanent chassis and designed to be According to the commenter, to ensure effectiveness of the quality assurance used as a dwelling. The commenter that the end buyer or resident of the manuals. HUD may review and stated that while HUD has authority to home has a home that has been safely reconsider this matter further should establish requirements applicable to manufactured, transported, and evidence showing appropriate components within the chassis, it does installed, it is vital that all installation installation instructions are not being not have the authority to establish documentation is shipped with and shipped with manufactured homes. The standards for items outside or apart remains with the home. commenter(s) should submit proposed from the chassis. Rather, authority to HUD Response: HUD is aware that regulatory text through the MHCC regulate these structures rests with state standards for some construction features process at http:// and local authorities and their building that are addressed in this rulemaking mhcc.homeinnovation.com/ so that the code requirements and inspection affect the installation process and matter is reviewed by the MHCC.4 protocols. ‘‘Add-on or accessory therefore impact the responsibilities of Comment: HUD should not use sub- buildings or structures’’ are not built on home installers. All construction regulatory guidance to establish a permanent chassis. Section 3285.903 features included in this final rule were Construction and Safety standards. provides conditions where add-on or previously available through the A commenter stated that HUD should attached accessory buildings or Alternative Construction process and in repudiate the use of sub-regulatory structures may be installed, but again all instances where an Alternative ‘‘guidance’’ or ‘‘field guidance’’ fails to designate inspection memoranda and documents to establish responsibilities. The definition for 3 U.S. Department of Housing and Urban ‘‘Attached accessory building or Development, PIA Responsibility for Documents Required to be Provided with the Mobile Home, 4 Manufactured Housing Consensus Committee, structure’’ proposed for addition to HUD.gov, https://www.hud.gov/sites/dfiles/ MHCC Proposed Change Form, http:// OCHCO/documents/EIB-H-1-77.pdf. mhcc.homeinnovation.com/. 5 84 FR 55235 (Oct. 15, 2019).

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§§ 3280.2 and 3285.5 further adds to the defined as a ‘‘building’’ for housing a the home has been designed to confusion indicating that it includes motor vehicle. The commenter stated accommodate (see § 3280.5). such items when they are designed for that these are totally separate structures HUD disagreed with the comment attachment and structural support from which affect the home differently and suggesting that the definition of the manufactured home. can create safety hazards. The accessory building or structure is too HUD Response: HUD’s standards commenter suggested that the proposal broad. The Construction and Safety developed and implemented through should be rewritten, and garages should standards address the design and this rulemaking are not intended to be addressed separately. construction of the manufactured home apply to the design and construction of A commenter stated that the term and do not address the design, site-built structures, including add-ons ‘‘basic manufactured home’’ is not construction, placement, or other (in other words, the site-built garage, or defined and pre-supposing that there is standards for the design and the site-built carport). However, the such a thing as a ‘‘non-basic construction of the accessory standards and regulations established manufactured home.’’ If this is the case, structure(s). Further, state and local through this rulemaking do apply to the HUD should clearly indicate what they authorities may verify that a home has design and construction of the mean by these terms and how the been designed for an attached accessory manufactured home, when the home is construction and safety standards would structure by verifying such information designed to have an attached accessory apply. The commenter contended that available on the Data Plate. HUD agreed structure, such as the garage, carport, or regardless of HUD’s differentiation in with the commenter that the term ‘‘basic similar add-on. The requirements this case, the manufactured housing manufactured home’’ is not defined; established are to ensure that the Construction and Safety standards therefore, ‘‘basic’’ has been removed. should be applied consistently and any manufactured home will continue to § 3280.5 Data Plate comply with the Construction and manufactured home, whether deemed Safety Standards and that the residents’ ‘‘basic’’ or ‘‘non-basic’’ be clearly One commenter opposed the health and safety will be protected marketed as a manufactured home to proposed rule’s changes to the Data through means such as adequate avoid customer confusion and an Plate language and another commenter structural load design and minimum fire expectation of the product being supported the proposed changes. Some commenters agreed, however, that separation and other requirements when received. certain modifications to the Data Plate applicable. The design, construction, HUD Response: HUD disagreed with definition should be made: The Data and inspection of the attached accessory commenters stating that HUD should Plate indicates whether the home is structure (site-built garage, site-built establish requirements for stairs external designed to accommodate an add on, carport, or other site-built add-on) to the manufactured home, which are accessory building, and the like, and the remains subject to any applicable state needed for entry in most manufactured Data Plate and other documentation and or local requirements. homes. HUD’s established standards only govern the design and construction should document the weight, size, and Subpart A, General of the manufactured home, including all other limits the manufactured home can support. Failure to require additional § 3280.2 Definitions provisions addressed by this rulemaking. Requirements for external information will lead to confusion and One commenter opposed the stairs that are necessary to provide entry result in many homes being stressed definition change to ‘‘attached accessory to the homes remain subject to design beyond their designs limits and building or structure,’’ while another and construction requirements of state therefore lead to structural failure. commenter supported the proposed and local jurisdictions as they are not Another commenter stated that the changes. Some commenters stated that intended to increase the living or manufacturer should be required to proposed definition of ‘‘Attached storage area of the manufactured home identify the maximum loads applied to accessory building or structure’’ fails to and are dependent upon the siting and the floor system, wall system, roof include stairs, which are needed for installation of each individual home system and support system. entry in almost every manufactured which may vary by model, lot size, Another commenter suggested HUD home. topography, and other aspects. delete the first paragraph of the One commenter further stated that the HUD agreed with the commenter applicable statement in § 3280.5(d). This proposed rule would require that the stating that the proposed rule would and another commenter recommended ‘‘basic manufactured home’’ be designed require that the manufactured home be HUD revise the second paragraph to for the attachment of these structures. designed for the attachment of these include a checkbox for ‘‘is’’ or ‘‘is not’’ This does not address the need for the site-built structures. However, HUD similar to current language for manufacturers to modify their disagreed that the manufacturer would § 3280.5(g) to reduce language and installation instructions to reflect the not be required to provide installation clutter on home Data Plates. One added weight and wind load that added instructions that reflect the added commenter explained that this structures would impose on the home’s weight and wind load that an added alternative would still capture the intent foundation. structure would impose on the home’s of HUD’s proposal, while preserving Another commenter stated that the foundation. HUD’s standards, set forth space on the Data Plate for future definition appears to open the flood at § 3285.903, require accessory statements or other required disclosures. gates for other additions to a structures to be structurally The commenters proposed significant manufactured home which can affect independent unless the attached changes to HUD’s proposed regulatory egress requirements as well as alter the accessory building or structure is text. electric, heating, plumbing and other otherwise included in the installation HUD Response: HUD considered all systems. The commenter provided instructions or designed by a registered comments received on the requirements examples; awnings, porches, and professional engineer or registered for the Data Plate and made minor ramadas typically are identified as a architect. Further, the changes to the changes to reflect and accommodate covered area projecting in front of an Data Plate specifically identify when the some of the comments. Through the entrance, while cabanas are defined as home is designed for an attached language on the Date Plate, HUD is a cabin, hut, or shelter, and garages are accessory structure, and if so, the loads trying to provide information to the

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consumers, retailers, installers, and homes could affect the manufactured clear opening requirement of 27-inches local authorities about the design and housing occupants’ health and safety. only apply to passage doors in a construction of the home that may help The commenter urged HUD to keep the manufactured home. prevent a home from being taken out of AC process in place for design features Some commenters suggested adding compliance when an attached accessory that could affect the manufactured exclusions for closet, pantry, coat closet, building or structure is built and added home’s structural integrity and safety, linen closet, and toilet compartment on at the home site. Further, the Data including attached homes (i.e., zero lot doors and other spaces where the intent Plate provides information that may be line), multi-story homes, and attached is to ‘‘reach in’’ and access an item. The used by state and local authorities that carports and garages. The commenter commenters explained that closet and have enforcement authority for site-built continued that blurring the line between pantry doors, unlike a bedroom door, structures that are not integral to the what is manufactured housing and what are not considered passage doors. manufactured home produced and is site-built housing could mislead Further, single-section manufactured shipped by the manufactured home homebuyers, and that manufactured homes have a smaller living space when manufacturer. housing that emulates site-built compared with a multi-section elements should be held to the same Subpart B, Planning Considerations manufactured home or a typical site- inspection and building standards as built home. Given that living space is at One commenter stated that HUD site-built homes. The commenter urged a premium in single-section homes, proposed to adopt a superseded MHCC HUD to require attached units to meet closet and pantry doors should not be recommendation concerning all state and local building codes, subject to the same clear opening ventilation. HUD has proposed to including higher energy standards, requirements. authorize manufacturers’ compliance required for conventionally built HUD Response: HUD agreed with the with the 2010 edition of American housing. comments and revised the standard Society of Heating, Refrigeration, and HUD Response: HUD’s minimum accordingly. Air-Conditioning Engineers requirements established for attached (‘‘ASHRAE’’) Standard 62.2, homes (i.e., zero lot line) and multi- § 3280.111 Toilet compartments ‘‘Ventilation and Acceptable Indoor Air story homes do not change the Two commenters suggested revising Quality in Low-Rise Residential definition of a manufactured home or language in paragraph (b) to clarify the Buildings,’’ as an alternative to the impact the requirement that every regulatory intent that the section refers prescriptive ventilation requirements in transportable section of a manufactured to bathroom passage doors in single- § 3280.103(b) and (c). The proposed rule home bear a manufacturer’s certification section and multi-section homes. For ignores that more than four years ago, label. Through this rulemaking, HUD is example, the term ‘‘single-section’’ the MHCC updated its recommended codifying requirements previously set should modify ‘‘home,’’ not acceptance of ASHRAE Standard 62.2 to forth through Alternative Construction ‘‘bathroom.’’ refer to the 2013 version. Adopting the requirements; thereby, accounting for HUD Response: HUD agreed with the more recent version of the ASHRAE consumer safety. All regulatory aspects comments and revised the standard standard in this rulemaking would of the program, including design review accordingly. avoid the need for an additional change and inspections, remain in place for all to the regulations later to update the manufactured homes built under this § 3280.114 Stairways reference. federal program. HUD believes the Comments: Riser Height, Tread Depth, HUD Response: HUD understands minimum standards established and and Consistency. that the MHCC continues to provide enforced for these construction options Several commenters opposed HUD’s recommendations that may be more provide benefits to all segments of the proposed changes to stair rise and run recent than those published in proposed industry while protecting consumers’ requirements. Some commenters noted rules, including updates to the health and safety. Further updates to the that, as written, the proposal would referenced ASHRAE Standard 62.2. referenced ASHRAE Standard 62.2 may conflict with existing state and local Generally, HUD finalizes be addressed in future rulemaking. requirements and require manufactured recommendations in the order received § 3280.108 Interior Passage home communities to replace existing to avoid selective choice, minimize inventory of prefabricated landings and confusion, and so that full and complete Several commenters agreed that stairs. Another commenter stated that impact analyses can be conducted clarification was needed regarding to the stair rise and run in HUD’s proposed specific to the various groups of which doors the 27-inch requirement rule would not allow stairs to be run applies. One commenter stated that recommendations provide by the parallel with the width of many homes, closet doors (including walk-in closets) MHCC. which would eliminate many floor plan and pantry doors are less than 27- options and adversely penalize § 3280.103 Light and Ventilation inches, typically 24-inches or less. manufactured home builders. Another commenter stated that it has One commenter supported the One commenter stated that, several floor plans with closet and removal of the maximum 90 cubic feet § 3280.114(a)(2)(i), 7″ risers and 10″ pantry openings less than 27-inches and per minute fan requirement, which will treads would cause stairway openings to uses 24-inches for water heater and allow the commenter to increase the be larger to the point where some floor furnace compartments and 16-inches for size of homes built to accommodate plans would no longer accommodate a linen and coat closets. The commenters larger families, which commenter stated stairway. Some commenters suggested stated that they would need to make will allow more families to live in safe, HUD use 8″ or 8.25″ for the maximum significant changes to floor plan designs affordable homes with the modern rise and 9″ for the minimum tread, to accommodate HUD’s proposal, and amenities they desire. which are figures that thirteen states Another commenter expressed one commenter explained this would accept.6 One commenter also suggested concern that using the Standards and add costs to the home, drive up eliminating the alternative construction affordable housing costs, and financially 6 The states referenced by the commenter were: (AC) process for manufactured housing burden the commenter. One commenter IL, IN, KY, ME, MD, MA, MT, NJ, ND, OH, OR, PA, that utilizes design elements of site-built suggested clarifying that the minimum Continued

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HUD change ‘‘%’’ to ‘‘3⁄8 inch’’ in Another commenter suggested home builders that does not exist for § 3280.114(a)(2)(i), and change ‘‘%’’ to striking paragraph (b)(2) in its entirety site-built home builders. One ‘‘3⁄4 inch’’ in § 3280.114(a)(2)(ii). This because it partially conflicts with commenter stated that IRC Table commenter also suggested changing paragraph (b)(1), or, if HUD disagreed R301.1.5 does not require the 200 pound ‘‘Y2’’ to ‘‘1⁄2 inch’’ in paragraph (a)(5). with striking (b)(2), revising (b)(2) as concentrated load to be applied with According to another commenter, the follows to streamline and clarify any other loads and, therefore, the word maximum riser height and minimum requirements: ‘‘A landing or floor must ‘‘not’’ should be added after ‘‘this load’’ tread depth should be changed to 81⁄4 be located on each side of an exterior in the last sentence of paragraph inches and 9 inches in § 3280.114 doorway and the width of each landing (d)(2)(ii). Another commenter agreed (a)(2)(i). HUD’s proposed requirements must not be less than the door it serves. and added that this makes (d)(2)(ii) would almost eliminate stairway The maximum threshold height above consistent with the last sentence in designs that run parallel with the width the floor or landing must be 11⁄2 paragraph (c)(5). of a traditional manufactured home. inches.’’ Given that paragraph (b)(1) Comment: Lighting. This commenter’s rationale for the addresses interior stairways, doors, and For § 3280.114(e)(1), one commenter recommended change included giving landings (with exception for certain stated that HUD should delete the manufacturers more flexibility when basement applications), the commenter requirement for artificial light to be not trying to balance the smaller form-factor assumed that paragraph (b)(2) must be less than one-foot-candle at the center of of most homes with consumer demand intended for exterior applications, treads and landing and require only a for multiple stories. which is the basis for the suggested light above stairways and landings HUD Response: Regarding riser height edits. because the commenter was not aware and tread depth, HUD reviewed several Two commenters suggested HUD of a test method. Another commenter state building codes referenced in delete paragraph (e)(2) entirely, since suggested a prescriptive method to public comments and has made changes exterior stairs are not constructed simplify compliance with interior stair to riser height and tread depth within the building facility and more lighting. Lumens required for a 3 feet consistent with those requirements appropriately fit under the HUD Code’s wide x 9 feet vertical stair would be 3 ∼ found in many state building codes and Model Manufactured Home Installation feet x 11.67 feet x 1 foot-candle = 35 in accordance with the comments Standards. A commenter explained that Lumens. One 60-watt incandescent bulb received. exterior stairs would be subject to state or 10-Watt A19 LED provides about 840 Comments: Interior and Exterior and local building code and health- lumens which is more than adequate. Stairs. safety requirements. If HUD’s exterior Another commenter recommended Several commenters stated that HUD illumination requirements conflict with HUD add a prescriptive lighting should clarify whether the requirements state or local requirements, it would standard as an alternative compliance apply to stairs inside, or inside and only cause confusion within the option. The proposed illumination outside, the home or commented on industry and may put consumers at risk. requirement of ‘‘not less than one (1) whether the requirements should apply Comment: Guard Rails. foot-candle measured at the center of to these different sets of stairs. One Some commenters also suggested, for treads and landings’’ creates a new test commenter stated that requirements for § 3280.114(d)(1), that the proposed load requirement, but it is unclear who is stairways and related design features requirements only apply to guards more responsible for performing the test and ″ should focus only on stairways placed than 42 above the floor grade below, to assessing compliance. Without an inside the manufactured home, and the prevent driving up housing costs explanation of the test parameters and section title should be changed to without providing significant increased how the test would be administered, the ‘‘Stairways Inside the Manufactured safety protection. When a manufactured commenter was concerned this Home.’’ Another commenter stated that home includes a porch or similar provision would be inconsistently the proposed changes to paragraph (a)(2) feature, once installed, it is usually enforced. As an alternative, the addresses interior stairways and exterior between 30 and 42 inches above the commenter recommended that HUD stairways; the commenter suggested lower floor, and there is no evidence of introduce a minimum standard for revising the proposal to address interior increased injury from a fall as a result illumination. steps only. According to the commenter, of a guard failure that is 42 or fewer HUD Response: Generally, HUD states and local municipalities establish inches from grade. The commenters agreed with most comments and made stair geometry to which first responders provided regulatory text edits, and changes to the standards for stairways are already accustomed, and to require stated that a 30-inch guard rail including revisions to riser height and smaller riser heights and larger treads structural requirement would increase tread depth (§ 3280.114(a)(2), may create a hazard. the cost of each single-section home clarification of interior and exterior Another commenter supported the with a modest porch by $500, or more consideration (§§ 3280.114(a) and addition of language to define for larger homes, which undermines 3280.114(b)), provisions for landings requirements for stairways, landings, HUD’s efforts to preserve manufactured (§ 3280.114(b)), and handrails handrails, guards, and stairway housing affordability. (§ 3280.114(c)). illumination, however, the commenter The commenters further stated HUD HUD also modified the standard in suggested the language should detail if should remove the language regarding multiple places so that the text reflects it covers interior stairways, exterior the horizontal rail restriction in HUD’s regulatory authority for design stairways, or both. paragraph (d)(2), which HUD has not and construction of the home and its backed with a significant health-safety lack of authority to regulate stairways WI and WY. The commenter also referenced a concern as justification and which that are designed by others and built at change to the Indiana Code; see Indiana Department would restrict designs and add the home’s site necessary for access and of Homeland Security, Proposal for Code Change unnecessary cost. This restriction is not egress from the entry and exit points of 43, IN.gov (May 9, 2018) (proposals 49 and 50), found in the International Residential the homes. HUD also disagreed with https://www.in.gov/dhs/files/IRCC%27s%20 Final%20Approved%20Amendments%20 Code (IRC), which only prohibits the some commenters, as the requirements to%202018%20IRC%20(Part%201)%20- passage of a four-inch sphere and would in § 3280.112 only apply to stairways %20Accepted%20by%20FPBSC%202-5-19.pdf. result in a restriction for manufactured integral to the manufactured home, such

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as those necessary for multi-story or combination smoke and carbon requirements should align more closely multi-level manufactured home floors or monoxide alarms as acceptable devices with similar requirements in other for stairs that are not inside the home just as they are in IRC sections R314.1.1 building codes, such as the IRC’s. but may be necessary for multi-level and R314.5. Specifically, the commenter’s manufacturer designed and constructed HUD Response: HUD agreed with the suggestions include: Specifying the porches designed and built in the home commenter and made the corresponding required locations where carbon building factory as an integral feature of change. monoxide alarms must be installed (for the manufactured home. Further, § 3280.211 Carbon Monoxide Detectors example, alarms should be required requirements for external or exterior outside each separate sleeping area or in stairs that provide entry and exit and are Some commenters supported the immediate vicinity of any built at the home site are subject to state incorporating carbon monoxide bedrooms); requiring interconnectivity and or local authority and any such requirements into the Standards to between alarms, because when more reference otherwise has been removed. protect consumer health and safety. One than one alarm is installed in a home, HUD modified the standards related commenter noted that the MHCC made the actuation of one alarm should to landings removing duplicative this recommendation in 2009 and HUD activate all alarms; specifying how each language, clarifying interior versus should have adopted it some time ago. alarm must be powered, because the exterior provisions, and threshold One commenter suggested HUD home’s electrical system should be the height. should revise § 3280.211 to include primary power source, with batteries as HUD also modified the standard specific location requirements like a secondary, reserve power source; and regarding handrails to be consistent smoke alarms, instead of referencing the clarifying that the Standards would with requirements for handrails National Fire Protection Association allow combination carbon monoxide (removal of ladder effect restriction) (NFPA) Standard 720. and smoke alarms to keep pace with Some commenters stated that the identified in other building codes for consumer demand. Another commenter proposed rule’s coverage of CO alarm other residential structures. However, (0023) also supported this change. requirements would be insufficient According to the commenter, HUD HUD disagreed with comments that under the new § 3280.211 in protecting would have changed the load should clarify that combination alarms occupants of manufactured housing are acceptable to ensure the industry requirements for guard systems to apply because of its limited coverage. All only to guards above 42 inches above continues to keep pace with consumer manufactured housing should have CO demand. The commenter also suggested floor grade. alarms and not just those with fuel-fired The changes effected by this rule are amending § 3280.209 to ensure the appliances, designed for installing generally consistent with other sections cross-reference each other. attached garages, or designed for residential codes enforced nationwide. Comment: Alarms versus Detectors. installation over basements. While the However, the load requirement of 20 Some commenters stated that the new § 3280.211 would be consistent pounds per square foot is significantly word ‘‘detector’’ should not be used and with occupancy-related installation less than the load required by many suggested using ‘‘alarms’’ to be requirements of IRC Section R315, these states for similar guard systems. consistent with other codes and striking requirements provide no direct After consideration of the public the word ‘‘detector’’ wherever it occurs, protection for occupants of comments, HUD has not changed the because alarms and detectors are manufactured homes except where stairway and landing illumination distinct concepts. Alarms are self- coincident housing-related factors of requirements from the proposed rule as contained, single, or multi-station installed fuel-fired appliances, designs sensing devices that detect a given event commented by multiple commenters. for installing attached garages, or and sound an audible or visual alarm. The requirements, as published, are designs for installation over basements Detectors are sensing devices that must consistent with state and local standards were relevant. Furthermore, the be connected to a separate alarm system, and compliance remains, as with all proposed § 3280.211 requirements rather than self-contained systems. One other standards, the responsibility of the would not protect occupants where commenter stated that standards do not home manufacturer. In section I. of the other sources such as use of portable include requirements for transmitting preamble to this rule, HUD clarified that heating appliances or from misuse of detection devices to an alarm control all standards in this rule are not charcoal grills indoors (both reflected in unit as would be necessary with retroactive and apply only to newly CO incident data) following completion detector devices. The commenter constructed homes that enter the first of manufactured housing installation recommended removing the standard phase or stage of production on and and commissioning. Occupants of ‘‘all- versions in specific code sections which after the effective date of the rule. electric’’ homes may be particularly are incorporated by reference in Further changes, such as those proposed vulnerable during periods of electrical § 3280.4, which will allow for by some commenters, should be outage. The comment provided simplified future updates and is a proposed for review by the MHCC so instances of harm caused by carbon common practice for incorporating that consensus review of those proposed monoxide. building code standards into regulations changes is made as envisioned by the One commenter commended HUD for and laws. The commenter Act. It is not appropriate for HUD to recognizing the importance of requiring recommended removing the reference to integrate these changes at the final rule carbon monoxide detectors consistent ANSI/UL 2034, which may not be stage. with the IRC’s requirements. Through readily available and incorporate Subpart C, Fire Safety incorporation into the Construction and location requirements within this Safety Standards, HUD relieves local section. § 3280.209 Smoke Alarm officials from conducting additional HUD Response: HUD agreed with Requirements inspections and potential re-work post many comments and has modified the One commenter recommended HUD installation to comply with local Construction and Safety Standards to revise § 3280.209, a section not requirements. address combination alarms, integration addressed in the proposed rule. The Another commenter stated that HUD’s of specific location requirements, and commenter stated that HUD should add proposed carbon monoxide removal of references to ‘‘detector.’’

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HUD also notes that updating specific exterior finish for storage and shipping. According to one commenter, the editions of referenced standards may Another commenter agreed and stated guidance provided in §§ 3280.212, require notice and comment and as that paragraph (c) needs to be clarified 3280.213, 3282.8(j), and 3285.903(c) such, will remain for the time-being. so that fire separation between the (Attached Garages, Carports and Add- HUD also disagreed with some garage and the home may be completed Ons) appears contradictory and commenters that proposed to require on-site. Site-installed dormers at the confusing. Sections 3280.212 and carbon monoxide alarms in all homes, garage in addition to floor-to-foundation 3280.213 provide guidance on how regardless of whether the home as fuel- fire separation will be required to be manufactured housing should be burning appliances, an attached garage, completed on-site and it would be prepared for the addition of garages and or designed for installation over a advantageous to run all separation at carports which is clearly within the basement. HUD’s standards are that time to ensure proper alignment scope of the Federal standards. These consistent with state and local standards with the garage. Paragraph (c)(1) should sections, along with § 3282.8, discuss for residential construction. Should the also be clarified to allow gypsum load paths, providing conflicting commenter wish to pursue requirements required to meet separation to be either information on where loads should be for carbon monoxide alarms in all factory or site installed and allowance transferred. If the intent is to offer homes, the commenter is encouraged to for products equivalent to 1⁄2″ gypsum options, then the sections should be submit the proposed change to the should be added. presented with an ‘‘or’’ statement to MHCC for review and deliberation by One commenter stated that in indicate they are options, as is included the Committee. It is not appropriate for § 3280.212(g) the reference to § 3285.201 in the Data Plate requirements of HUD to integrate these changes at the should be changed to § 3285.301. The § 3280.5. The commenter said who bears final rule stage. commenter proposed that a new responsibility for approval and paragraph (h) be added because a site- inspection of these attached accessory Subpart C, Fire Safety, Attached built, self-supported garage is Garages buildings and structures should also be considered an add-on per § 3282.8(j)(1) clarified. According to the commenter, § 3280.212 Factory Constructed or and does not affect the ability of the these structures should comply with the Site-Built Attached Garages manufactured home to comply with the local building code and be inspected to One commenter noted that HUD’s Construction and Standards. that code by the local jurisdiction, given Another commenter stated the current policy, to not require the IPIA to their designation as ‘‘attached buildings Standards should be consistent with inspect documents shipped with the or structures’’ and not the extension of other building codes, such as the IRC. manufactured home (under Interpretive the manufactured home. Instead of requiring that the fire Bulletin H–1–77), conflicts with HUD Response: HUD agreed with separation be continuous from beneath proposed paragraph (g)—there is no most comments and has accepted all the floor, through the attic space, to the assurance that the manufacturer would suggested textual changes to the underside of the roof sheathing/decking, be including these additional standards that were submitted by the the Standards should only state that the instructions. public. HUD modified the final A commenter stated that the proposed garage must be separated from the home Construction and Safety Standards rule leaves it unclear as to when a with appropriate gypsum wallboard or accordingly. garage is to be added to the home. equivalent. Manufacturers can HUD disagreed with the commenter Another commenter stated that HUD determine whether the fire separation that installation instructions are not should clarify that paragraph (a) applies should be continuous from the floor, required by this final rule, as it is only to garages which are not self- through the attic space, to the roof specifically addressed through supported. One commenter supported sheathing or decking or if it is more § 3280.212(g). Further, upon placing a HUD’s actions to remove the issue of appropriate to envelop the structure’s label certification on each transportable attached garages and carports from the garage side. Other building codes leave section of a manufactured home, the costly AC process. The commenter this to the builder’s discretion and so manufacturer self certifies its stated that the proposed standards and should the Standards. compliance with the Construction and The commenter continued that HUD’s regulations would effectively obviate Safety Standards. Should the proposed rule for factory or site previous sub-regulatory HUD commenter seek additional changes to construction of attached garages should ‘‘guidance’’ memoranda which emphasize the distinction between either manufacturer or IPIA mandated the approval of attached attached and self-supported structures. requirements, the commenter is garage and ‘‘add-on’’-ready HUD should also revisit the fire encouraged to submit comments manufactured homes via the AC process separation requirements for attached through the MHCC process for set forth at § 3282.14.7 garages. The commenter’s suggested consensus review and deliberation. It is Several commenters stated that HUD not appropriate for HUD to integrate should revise the proposed fire edits included clarifying that attached garages are not self-supported. Further, these changes at the final rule stage. separation requirements. A commenter HUD also notes that the added stated HUD should require that gypsum when a garage would be attached to and supported by the home, manufacturers information required on the Data Plate be added on site to meet the fire more clearly identifies whether the separation requirement. Installing should only be required to comply with the Standards’ load provisions. They home has been designed for an attached gypsum on the exterior of a home in the garage. factory would not be a durable enough should not be expected to build homes that also meet the specific requirements Subpart C, Fire Safety, Attached 7 See, e.g., June 12, 2014 HUD Guidance of the various state and local Carports Memorandum (‘‘Construction of On-Site jurisdictions, and confirming that a site- installation of Add-Ons Such as an Attached built, self-supported garage is § 3280.213 Factory Constructed or Garage’’); and November 10, 2014 HUD Guidance considered an add-on and clarifying that Site-Built Attached Carports Memorandum (‘‘Additional DAPIA Guidance for Review and Processing of Manufacturers add-ons do not affect a manufactured One commenter stated that the Alternative Construction Requests for Attached home’s ability to comply with the proposed rule should be modified to Garages’’). Standards. include attached patio covers and porch

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roofs which can easily exceed the size in the factory. This would limit the under ‘‘On-Site Completion of a carport. The commenter also stated design options available to any third Requirements.’’ The commenter stated that current HUD policy under party responsible for installing an that installers were not included in Interpretive Bulletin H–1–77 conflicts attached carport at the jobsite; and deliberations on the proposed changes, with paragraph (f)—there is no removing the ‘‘cone of influence’’ and that since the On-Site Completion assurance that the manufacturer would provision, because this requirement is rule is relatively new, and given that be including these additional dependent on the type of anchor, and HUD has failed to monitor or measure instructions. should be determined by the installer. compliance, this provision should be Another commenter requested HUD The manufacturer should not be deleted until the success of the ‘‘On Site delete the following: Paragraph (b) about expected to know this information Completion’’ process can be evaluated. maximum roof slope for the carport, on without knowing exactly where a Another commenter stated that HUD the basis that carports cannot exceed the manufactured home would be sited and should delete the words ‘‘connections height of the home; paragraph (c) on how it would be installed; and between sections,’’ after ‘‘hinged roof beam designs, on the basis that beam confirming that a site-built, self- sections,’’ and before ‘‘sheathing,’’ in designs would be part of the approved supported carport is considered an add- paragraph (h)(5) because connections design by the Design Approval Primary on and clarifying that add-ons do not between sections is covered as part of Inspection Agency (DAPIA); and affect a manufactured home’s ability to standard installation. paragraph (d) on shear wall and uplift comply with the Construction and Another commenter stated that strapping design, on the basis that the Safety Standards. paragraph (h)(5)(iii) requires inspection carport design would not be known. Another commenter also supported at an installation site in stages but does One commenter stated that paragraph deleting paragraph (c)(1), because this not clarify who would provide (f)’s reference to § 3285.201 should be paragraph was covered in paragraphs (a) inspections. The commenter also changed to § 3285.301. and (c), and additional details on the suggested that HUD clearly define Another commenter said § 3280.213 acceptable engineering load path are not ‘‘inspection of the work at the for factory or site-built attached carports required. The commenter also suggested installation site in stages,’’ and stated should emphasize the distinction deleting paragraph (d) because the load that this new requirement would add between attached and self-supported path requirements should apply to all costs to the home, drive up the cost of structures and that striking unnecessary wind zones as specified in paragraphs affordable housing, and would or superfluous rules would also (a) and (c). The commenter also stated financially burden the commenter. streamline the requirements. The that the accepted engineer anchor test Two commenters stated that HUD commenter’s suggested edits include: protocol does not test for cone of strike §§ 3280.305(h)(5) (iii), (iv), and Deleting the maximum roof slope influence and it is not defined within (v), because these proposals generally requirement from the list of design the Construction and Safety Standards. apply to onsite installation and appear characteristics for carports, because Therefore, it should be removed from to overstep Subpart D’s bounds. The given that the height of the carport § 3280.213(f)(1). commenters believed these cannot exceed the height of the home, HUD Response: HUD did not add requirements, if necessary, would be the carport’s roof slope is never a requirements for patio covers and porch more appropriate under Part 3282, relevant factor in home design; adding roofs, as such specific code change text Subpart M, ‘‘On-site Completion of a provision that, as an alternative to and supporting information be Construction of Manufactured Homes.’’ specifying the unique design HUD Response: HUD disagreed with submitted to the MHCC for consensus characteristics of the carport and the the commenter that revisions to this review and deliberation. It is not home, manufacturers may provide the standard expand areas of construction appropriate for HUD to integrate these maximum loads that the home is that can be completed on site. The changes at the final rule stage. Further, designed to resist from the carport; changes to this standard were already HUD disagreed with comments that removing the provisions specifying implemented with the On-Site where splices in the host beam can be installation instructions are not required Completion of Construction Rule and located, because narrowly defining this by the standard, as it is clearly these changes are conforming. Further, provision with such detailed, addressed in §§ 3280.213(b) and (e). HUD conducted limited monitoring of prescriptive requirements could have Upon placing a label certification on procedures and approvals related to On unanticipated consequences, especially each transportable section of a Site Completion of Construction and has if there are continued advancements in manufactured home, the manufacturer not concluded any adverse or significant anchoring technology. According to the self-certifies its compliance with the findings. commenter, specific design Construction and Safety Standards. HUD modified this section to address characteristics should remain subject to HUD notes the added information other comments received including review and approval by the required on the Data Plate more clearly removing any references to installation manufacturer’s DAPIA. identifies whether the home has been activities. HUD also modified the The commenter’s recommendations designed for an attached carport. HUD inspection requirements but has continued with: Removing the shear agreed with all comments providing retained the intent that inspections wall requirements for homes designed specific textual changes and HUD occur prior to covering up additional for Wind Zone II and III installations in modified the standards accordingly. aspects or otherwise allowing for favor of manufacturers specifying Subpart D, Body and Frame inspection panels so that inspection can anchor requirements for uplift forces in Requirements take place. This aspect is important to Wind Zones II and III as part of the assure that the work completed on site home’s DAPIA-approved design, § 3280.305 Structural Design conforms to the design standards, so because if the manufacturer and its Requirements that the home is completed in DAPIA specify these requirements at the One commenter stated that proposed accordance with the Construction and design stage, the size of any attached § 3280.305(h)(5) expands areas of Safety Standards, and the home is not carport would be limited by the load construction that could be deferred to taken out of compliance through the capacity of the anchor system installed the job site and imposed on the installer work done at the home site. Further,

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these standards are established to work add to additional condensation between twenty-four inches above the finished in concert with the regulations for On the floors if the vapor retarder is not grade and face down at termination; Site Completion of Construction and installed on the ceiling on the lower high enough to prevent backflow, but will help to ensure that appropriate floor. low enough to reduce the risk of injury designs are provided to address the HUD Response: HUD disagreed with or accident. work that is expected to happen in the the commenters regarding the need for HUD Response: HUD reviewed and factory, the work that is expected to §§ 3280.504(b) and (c) to be deleted or generally agreed with the comments. happen at the home site, and the factory amended, and that the affected walls are HUD modified the standard to and or inspections at the site necessary interior walls. These commenters may incorporate the public comment where for conformance. not understand that the subject those changes have not significantly standards apply to the (fire) walls altered the intent as proposed. § 3280.307 Resistance to Elements and separating attached manufactured Use homes; rather than, mating walls § 3280.609 Water Distribution Systems A commenter stated that the between two sections of the same One commenter stated that the expansion of field installation of manufactured home. Multi-story requirement that installers extend water exterior coverings means the manufactured homes have been heater relief valve piping to beyond the requirement for the manufacturer to designed and built for more than two skirting of the home would very likely provide all needed materials (siding, decades prior to the rulemaking and create an imminent safety hazard fasteners, channels, etc.) should be under Alternative Construction because it carries superheated, added to this list. Another commenter processes. These homes have been pressurized water, so it should be agreed and suggested adding ‘‘and the designed and built, and significantly, deleted. Another commenter stated that required materials’’ after ‘‘Complete HUD has not received information if the relief valve is directed to outside installation instructions.’’ A commenter indicating these homes, without a the crawl space, there would be a suggested adding attached garages to the ceiling vapor retarder on the first floor, possibility of personal injury to those list of exemptions in paragraph (e), are not performing. nearby. The commenter explained that water heater manufacturers do not allow given the amount of onsite work § 3820.506 Heat Loss/Heat Gain required to complete the installation of additional piping to be installed directly an attached garage, and as long as the Two commenters suggested revising on the pressure relief valve. They manufacturer is complying with HUD’s paragraph (c) by replacing ‘‘the mating require ‘‘air gaps’’ when directing into list of conditions. wall of each’’ with ‘‘the fire separation additional piping. The commenter HUD Response: HUD reviewed and wall between each.’’ Mating walls concluded that HUD should reject these generally agreed with the comments. between two or more sections of a changes. HUD modified the standard accordingly. multi-section home are not the same as Another commenter stated that HUD firewalls separating two or more should add discharge pipe turndown Subpart F, Thermal Protection attached, single-family manufactured requirements taken from the Uniform § 3820.504 Condensation Control and homes. Mating walls are aligned at Plumbing Code which adds a higher Installation of Vapor Retarders installation to create a cohesive single- level of scald protection. This revision family residence—they are not exterior will increase consumer safety. One commenter stated that the walls. However, fire separation walls, Two commenters proposed changes to proposed requirements under which separate attached single-family HUD’s regulatory text. §§ 3820.504(b) and .506(c) are not homes, should be classified as exterior HUD Response: HUD reviewed and needed, and HUD should delete them. walls because they act as a health-safety generally agreed with the comments and The commenter stated its mating walls barrier between distinct residential addressed the protections to residents are located in a conditioned area, dwellings. The commenters believed by accepting comments regarding relief gaskets are installed in the factory to these edits clarify the distinction pipe turndowns. HUD also modified the prevent air infiltration, and the between mating walls and fire standard to incorporate the public commenter has not witnessed a mating separation walls. comment where those changes have not wall with damage from condensation. HUD Response: HUD reviewed and significantly altered the intent as Another commenter stated that generally agreed with the comments. proposed. mating walls are interior walls and HUD modified the standard to should not be treated as exterior walls incorporate the public comment where § 3280.612 Tests and Inspection which require a vapor barrier. those changes have not significantly One commenter opposed the changes Furthermore, many homes have single altered the intent as proposed. to this section because they would mating walls, and this section does not reduce the required pressure needed to define on which side the vapor barrier Subpart G, Plumbing Systems perform water supply testing and, as a should be applied. A commenter suggested clarifying the result, a revision of the manufacturers’ Another commenter stated that HUD definition of ‘‘indirect waste receptor,’’ installation instructions would be should delete these proposals until a new term being introduced to the needed along with oversight by the IPIA certain issues are evaluated. There will Standards. Second, in § 3280.608, strike agencies to assure that the proper be a concern if the connection between ‘‘Hangars’’ and replace it with instructions are provided with the floors is not effectively sealed from ‘‘Hangers’’ as in the original. Third, by home. Another commenter allowing cold outside air to enter incorporating additional safety recommended that, in the last sentence, between the ceiling of the first floor and considerations from the Uniform ‘‘potable water source’’ should replace floor system of the upper floor. If cold Plumbing Code, the commenter saw an ‘‘potable source of supply.’’ air is entering this area, a vapor retarder opportunity to protect the general HUD Response: HUD generally agreed should be applied to the ceiling on the public from the risk of burn or scald. with the comments regarding wording first floor. Another concern would be if The commenter believed a home’s relief changes to the standard. HUD modified the bottom board is still required to be drain, should it terminate outside the the standard to incorporate the public placed under the upper floors, this may home, must terminate between six and comment where those changes have not

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significantly altered the intent as HUD Response: HUD agreed that the explained that wiring ceiling-mounted proposed. HUD disagreed with MHCC voted to eliminate the and wall-mounted light fixtures to one opposition to the proposed change as requirement for the home manufacturer switch has been standard practice for the changes have been vetted by the to provide two sets of appliance decades. A commenter stated they were MHCC and are consistent with many manufacturers’ instructions with each unaware of any health-safety risk state requirements for testing potable home. This recommended change is associated with having multiple water supply systems. While this anticipated to be addressed in a future bathroom lights controlled by the same change may require revisions to rulemaking. HUD also reviewed the switch, HUD has not provided any manufacturers’ installation instructions, comments concerning the site installed information to suggest otherwise, and the system of design approvals will direct vent appliances and has made consumers’ preference and other ensure the instructions conform to the changes to clarify that testing of the building codes or standards support the revised requirements by the rule’s home’s fuel supply and electrical commenter’s position. effective date. systems are the responsibility of the HUD Response: HUD disagreed with home manufacturer. HUD also reviewed the comments. The intent of the Subpart H, Heating, Cooling and Fuel the comment regarding separation of requirement for separate switches Burning Systems intake and exhaust vents and made allows an occupant to use one or both § 3280.705 Gas Piping Systems changes to address the comment by lights at their discretion. This allows One commenter suggested HUD clarifying that the placement restrictions potential energy consumption savings eliminate ‘‘hard pipe’’ in paragraph apply to exhausts of fuel burning by allowing the occupant to energize (i)(8)(iii), as the industry uses a flex gas appliances and using the defined term, one light rather than both if both are not connector and not a quick-disconnect. ‘‘habitable rooms.’’ necessary. HUD Response: HUD reviewed and § 3280.710 Venting, Ventilation, and Subpart J, Transportation Systems generally agreed with the commenter Combustion Air and modified the standard to § 3280.902 Definitions One commenter stated that the new incorporate the commenter’s proposed One commenter stated that the requirement at paragraph (d) is not change. proposed change to the ‘‘Drawbar and needed and that, to follow the proposed coupling mechanism’’ definition, by § 3280.709 Installation of Appliances requirement, the commenter would removing ‘‘A frame’’ and adding in its have vent pipes above allowable A commenter stated that place ‘‘rigid substructure,’’ is not transport height. The commenter §§ 3280.709(a) and 3280.711 require that justified and should be discarded. requested that HUD delete the manufacturers currently ship two sets of Another commenter suggested deleting requirement because it would be forced installation instructions for each the parenthetical from the ‘‘Drawbar and to have vent pipes site installed, revise appliance with every home; the MHCC coupling mechanism’’ definition for vent runs, or eliminate some floor plans voted to strike this requirement from clarity. The commenter stated the completely, which would drive up the section § 3280.709(a) by letter ballot in parenthetical is unnecessary, and cost of affordable housing and cause 2015 (Log #92). ‘‘usually an A frame rigid structure’’ financial burden. Another commenter Some commenters noted the only creates confusion where the stated that HUD should clarify that importance of inspection but stated that defined term ‘‘Frame’’ also uses the § 3280.710 applies to fuel-burning it is unclear who is to perform on-site phrase ‘‘rigid structure’’ in its combustion appliances, to be consistent inspections and testing related to definition. with the IRC. Two commenters paragraph (a)(1)(ii). One commenter HUD Response: HUD disagreed with proposed changes to HUD’s regulatory stated that HUD should clarify that the these comments. The added term is text. installation is to comply with the local consistent with the same use in other HUD Response: HUD disagreed with building code requirements and be definitions and is intended to reflect the the comment that the changes to subject to inspection by state or local structure to which the coupling separate intake and exhaust vents are code officials. This commenter noted mechanism is mounted. that the language in § 3280.709(a)(1) not needed. The proposed standard was would allow for the installation of direct recommended by the MHCC and HUD § 3280.903 General Requirements for vent space heating appliances on-site refers the commenter to U.S. Designing the Structure To Withstand following approved instructions and the Government Accountability Office Transportation Shock and Vibration installation and inspection procedures (GAO) audit report GAO–13–52, Testing One commenter suggested that HUD provided. and Performance Evaluation Could reject the proposed changes to A commenter was concerned with Better Ensure Safe Indoor Air Quality. paragraph (a). The commenter stated changes to the vent system termination HUD also reviewed the comment that to remove ‘‘during its intended life’’ provisions in paragraph (d) because the regarding separation of intake and is unacceptable. To alter the language to commenter was unaware of any health- exhaust vents and has made changes to ‘‘function after set-up’’ now establishes safety risks that would necessitate address the comment by clarifying that a ‘‘time frame’’ on how long chassis expanding the permissible range from 3 the placement restrictions apply to have to last and many manufactured to 10 feet. The commenter stated the IRC exhausts of fuel burning appliances and homes will no longer be ‘‘transportable’’ has a similar requirement, but it only using the defined term, ‘‘habitable which is required under 3280.2. The applies to the vent system of a fuel- rooms.’’ commenter did not suggest where HUD burning appliance. Consequently, the Subpart I, Electrical Systems should reinclude the phrase ‘‘during its commenter recommended adding the intended life’’ if HUD kept its proposed clarifying phrase ‘‘of fuel-burning § 3280.807 Fixtures and Appliances changes to § 3280.903. appliances.’’ In addition, the commenter Some commenters stated that the new For paragraph (b)(1), commenters replacing the phrase ‘‘habitable areas’’ requirement at paragraph (g) has no stated that HUD should provide more with ‘‘habitable rooms’’ because this safety benefit to the consumer and HUD guidance on the road test requirements term is defined in the Standards. should delete it. The commenters and clarify what constitutes an effective

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road test. One commenter suggested that For paragraph (b)(9)(ii), several to check actual voltage unless the truck HUD clearly define the minimum miles commenters stated HUD should is hooked up to the brakes. The to travel, the type of roadways to travel, maintain the current 40-foot stopping commenter asked if the intent is to and what a failure is. Other commenters distance. One commenter stated HUD perform this test on every home that supported the requirement for road tests should utilize Interpretive Bulletin J–1– ships and requested that HUD delete the to be witnessed by experts who are in 76. Requiring new brake tests would requirement as it would drive up the the best position to provide such pose financial burdens. Another cost of affordable housing and pose services—an independent registered commenter stated it could not find a financial burden on the commenter. professional engineer or architect, or by federal Department of Transportation Another commenter suggested a recognized testing organization. One (DOT) requirement that would reduce replacing the first two sentences of commenter recommended that the the braking distance to 35 feet from 40 paragraph (b)(9)(iii) with the following: testing laboratory be accredited to ISO/ feet. The proposal would eliminate ‘‘Brake wiring must be provided for IEC 17025 or 17020. Two commenters acceptable brake tests qualified under each brake. The brake wire must not be stated that in paragraph (b)(1), the the current standards, adding undue less than the value specified in the manufacturer’s Production Inspection burden and cost, without justification, brake manufacturer’s instructions.’’ Primary Inspection Agency should be to homes with years of satisfactory Manufacturers should not be added to the list of independent third braking experience which would need responsible for evaluating each parties who can witness and certify the to be re-tested. Another commenter transportation company’s tractors and road test, and included regulatory text believed keeping the stopping distance equipment or for assessing each changes. These commenters stated that at 40 feet is consistent with DOT company’s quality assurance program. paragraphs A and B appear to be a regulations. They should only be responsible for carryover from Interpretive Bulletin J– For the same paragraph (b)(9)(ii), a ensuring that the provided brake wiring 1–76 and should be updated to the commenter stated the parenthetical meets or exceeds the minimum required applicable (1) and (2) paragraph should be deleted. The transportation of specifications as provided by the brake numbering format to clarify that the manufactured homes more manufacturer. equation requires the sum of the Dead appropriately falls under Category B(3), HUD Response: HUD accepted the Load and Floor Load calculations. ‘‘All other property-carrying vehicles comment regarding changing ‘‘insuring’’ HUD Response: HUD disagreed with and combinations of property-carrying to ‘‘to ensure’’ within § 3280.904(b)(3). the comment that the changed language vehicles,’’ of the DOT Vehicle Brake 8 HUD also accepted the comment to add alters the intended life of the chassis. Performance Table. Given that the ‘‘static’’ within §§ 3280.904(b)(4) and The terminology refers to the structural, weight of a home can easily exceed 3280.904(b)(6). HUD also accepted the 25,000 pounds—with some 16-foot- plumbing, mechanical and electrical comment to check weights with the wide, full-length models approaching systems and requires that those systems home in a level position (see revised 40,000 pounds—home transportation is remain operational/functional after § 3280.904(b)(4)(ii)). transportation. more closely related to the movement of HUD disagreed with the comment to HUD reviewed the comments and heavy equipment, such as excavators revise the stopping distance from 35 to proposed changes that would add and dump trucks. While the process of 40 feet. HUD revised the reference for several specific requirements within the transporting a home is considered the braking performance stopping road test requirements. These driveaway-towaway operations under distance, aligning HUD’s standards with suggestions should be put forth for DOT regulations, the DOT also DOT (at 49 CFR 393.52(d)) and clarified MHCC review and consideration, as it is recognizes that these homes require the classification of manufactured home not appropriate for HUD to integrate special consideration.9 these changes at the final rule stage. Two commenters suggested in to best align with DOT’s previously Upon review of public comment, paragraph (b)(6)(i), the word designated classification. HUD added that Primary Inspection ‘‘nationally’’ should be deleted. There HUD disagreed with the comment to Agencies may also witness and certify are several reputable programs and remove ‘‘nationally’’ from the qualifier road tests. HUD also reviewed testing agencies that do not yet have on testing agencies that may accept comments that include specific changes national accreditation, but they have recycled axle programs to the formula included in regional, state, or local approval. These (§ 3280.904(b)(6)(i)). This terminology § 3280.903(b)(3) and edited the formula programs or agencies should not be has been in use for decades and its use accordingly. excluded, especially when state is consistent with historical use. HUD standards are often more stringent. also disagreed with the comment that § 3280.904 Specific Requirements for suggests adding a specific accreditation Designing the Transportations System Another commenter recommended that, for paragraph (b)(6)(i), that the for testing agencies. HUD has found the A commenter suggested that ‘‘to nationally recognized testing agency be work of nationally recognized testing insure’’ should be replaced with accredited to ISO/IEC 17025 or 17020. agencies, having various qualifications, ‘‘ensuring’’ to correct a minor Some commenters suggested in does not impede health and safety grammatical error. Some commenters paragraph (b)(8)(ii), the phrase ‘‘or protection. suggested that in paragraph (b)(4)(i) the equivalent’’ should follow ‘‘tread wear HUD also reviewed comments word ‘‘static’’ should be added to ‘‘gross indicator’’ to ensure consistency with requesting the addition of equivalent dead weight,’’ such that the text should how the phrase is applied to other tread wear indicators but has not read ‘‘gross static dead weight,’’ to similar provisions throughout the received specific means of determining maintain consistency with the ‘‘static Standards. equivalence and has therefore decided tongue weight’’ variable. For paragraph (b)(9)(iii), a commenter not to include such language in the final For paragraph (b)(4)(ii), one stated that HUD’s proposed requirement rule. These suggestions should be put commenter suggested HUD add a is not practical because there is no way forth for MHCC review and requirement to check weights with the consideration, as it is not appropriate home in a level position ready for 8 See 49 CFR 393.52(d). for HUD to integrate these changes at transport. 9 See, e.g., 49 CFR 393.75(h). the final rule stage.

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HUD reviewed public comment and indication in the proposed rule of when HUD has reviewed the public specific comments that included textual or even if multi-unit/multi-family comment regarding integration of changes to § 3280.904(b)(9)(iii) manufactured homes will be addressed requirements that are generally regarding electrical brake wiring. HUD by promulgating new standards that are consistent with provisions of the accepted these changes. clearly and uncontrovertibly within the International Residential Code (IRC). HUD has acted on proposed standards Subpart K, Attached Manufactured scope of present federal law. The received from the public and as Homes and Special Construction commenter concluded that HUD should include MHCC recommended standards reviewed, modified and recommended Several commenters supported adding for multi-unit/multi-family by the MHCC. While some language two-family, or two- and three-family, manufactured homes in any final rule may be consistent between the IRC, state dwelling units to Subpart K. These under the present docket. and local codes, and the requirements commenters supported duplexes and Another commenter stated that much published in this rule, there are triplexes as more practical and of the proposed language in the new differences that remain and justify affordable solutions in urban and Subpart K duplicates nearly verbatim establishment of unique provisions suburban applications because of, for the language contained in IRC sections rather than incorporating the IRC or any example, zoning restrictions. One R302.2 and R302.4 without observing given state or local code in their commenter suggested less restrictive fire and protecting the rights of the ICC as entirety. HUD believes the standards separation requirements and amending its copyright holder. The commenter will allow use of some of the latest §§ 3280.1002 and .1004 and adding a stated that if HUD wishes to publish any building technologies and materials, new § 3280.1003(a). Another part of the IRC in its rules or future creating more consistency with multiple commenter also suggested less rulemaking proceeding, HUD must seek State-adopted residential building codes restrictive fire separation requirements to comply with OMB Circular A–119 for site-built housing (some of which and offered several recommended and Incorporation by Reference may incorporate or amend standards changes to regulatory text. These procedures. including, but not limited to, the proposed changes to regulatory text HUD Response: HUD reviewed International Residential Code), and included separating § 3280.1003 into comments that include specific text expand consumer choice. two paragraphs—paragraph (a) for ‘‘two changes and has integrated those Comments: Preemption and attached manufactured homes’’ and comments to the maximum extent Opportunity Zones. paragraph (b) for ‘‘three or more A commenter asserted that in the deemed necessary to effect the attached manufactured homes.’’ Some preamble HUD overtly intends to appropriate changes where those commenters supported reevaluating preempt the authority of state and local Subpart K for a single structure with changes have not significantly altered jurisdictions through Subpart K. The two dwellings but did not propose the intent as proposed. commenter cited reasons as to why such alternative regulatory text. One HUD decided not to eliminate requirements are within the domain of commenter stated that duplexes have structural independence for attached state and local authorities. Adjacent and simpler requirements than ‘‘town homes, as each home shall be designed attached manufactured homes may be homes,’’ and the demand for duplexes to be structurally independent and each manufactured by different companies will far outpace any other type of home must perform on its own. HUD and installed at different times resulting attached manufactured home. accepted changes to wording regarding in potential interactions that have not Another commenter, while expressing fire separation walls but has not been addressed within either general support for HUD’s proposed accepted the use of exceptions. The manufactured home, but which could be changes, questioned HUD’s focus on exceptions should be submitted as within the proposed rule’s adopting standards for multi-story proposed changes to the MHCC, and any requirements. The proposed rule manufactured homes and attached exceptions shall be handled through the provides no requirements that attached manufactured homes, while MHCC Alternative Construction process. It is manufactured homes be manufactured recommended standards for multi- not appropriate for HUD to integrate by the same manufacturer or installed at family manufactured homes are not these changes at the final rule stage. the same time. included in the proposed rule and have Further, this standards change was A commenter stated that HUD should yet to be proposed for adoption. The not intended to address multi-dwelling have provided more detail and commenter noted the absence of an unit manufactured homes (multiple justification for the following statement explanation in the proposed rule for single-family residences in one made in the Proposed Rule, which was HUD’s prioritization of the included manufactured home structure). The used as a blanket justification for the standards for multi-story and ‘‘zero-lot- MHCC recommendations for multi-unit new subpart K: ‘‘Subpart K would line’’ attached manufactured homes, as manufactured homes are contained in enable manufacturers to design and contrasted with broader and potentially the fourth set of its recommendations construct homes similar to townhomes, much more economically-significant for changes to the Standards. The which may be useful to address and beneficial proposed standards for attached manufactured homes are each affordable housing needs in multi-unit/multi-family manufactured designed as individual single-family Opportunity Zones and urban or other homes. The commenter stated that residential structures by the home areas.’’ instead of promoting affordable manufacturers and each such attached According to the commenter, HUD manufactured housing for all Americans home is to comply with the makes no attempt to quantify the benefit as required by law, HUD appears to be requirements set forth in 24 CFR 3280 against potential costs even though the abusing its regulatory authority to and as such meet all such requirements qualifier ‘‘may’’ is used to describe the support Fannie Mae and Freddie Mac in to be labeled as manufactured homes to policy change’s potential benefit. For order to benefit a narrow industry be installed in accordance with instance, HUD did not consider how segment, while smaller manufacturers accompanying installation instructions many fewer code inspectors might there are kept waiting endlessly for proposed that also meet HUD’s Model be in the country if this policy change multi-unit/multi-family standard. The Manufactured Home Installation were to allow the manufactured housing commenter stated that HUD gave no Standards. industry to become a dominant force in

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the housing sector. Further, HUD also allow for the industry to provide safe, apply to manufactured housing and failed to provide any evidence that a decent, sanitary, and affordable housing, contain many of the same or similar consumer market even exists for as the need develops. requirements as other similar structures townhome-style developments made out HUD also noted that the aspects of or similar design features and of manufactured homes. Additionally, installation would still be subject to considerations. HUD also failed to describe any interest state and local authority, as is the same that would validate the above statement for all other manufactured home § 3280.1003 Attached Manufactured for the type of developments that are installations, provided manufacturer Home Unit Separation considered by this new provision on the installation instructions and state and Two commenters provided a part of the Opportunity Zone funds, or local requirements at a minimum significant number of suggested changes their managers, or even those local comply with HUD’s Model to HUD’s proposed regulatory text. The officials representing the Opportunity Manufactured Home Installation commenters suggested several editorial Zone areas. Standards. However, HUD’s and substantive changes to the unit The commenter was also concerned Construction and Safety Standards as separation requirements and have about the number of state and local promulgated through this Final Rule suggested exceptions to the authorities that the proposed rule would would preempt state and local requirements under certain conditions. preempt, if finalized in its current form. requirements for the same aspects of Some commentors have also suggested The commenter stated there are at least construction, the same as for all other substantive changes to requirements for four major preemptions that should be manufactured homes. fire separation wall penetrations. considered more fully through a § 3280.1002 Definitions HUD Response: HUD reviewed Federalism Consultation, consistent comments that include specific text with Executive Order 13132. The Two commenters suggested changes to HUD’s proposed regulatory text. changes and has integrated those commenter believed that the authority comments to the maximum extent granted to manufactured housing Another commenter stated that HUD should reject the proposed changes to deemed necessary to effect the producers under this provision should appropriate changes that remain in line have triggered a proper consultation § 3280.1002. Manufactured homes are designed to be transportable during the with the MHCC’s recommendations. process, irrespective of the additional The changes made by HUD within this preemptions provided by the proposed intended life of the home and allowing multi-family manufactured homes to be standard remove reference to ‘‘two rule for building code-related attached manufactured homes’’ and authorities affecting stairways, landings, constructed and installed affects more generically requires unit handrails, guards and stairway homeownership and the adjacent home. separation between any attached illumination, siting of and installation Another commenter opposed the manufactured homes. HUD has also standards for carbon monoxide alarms, proposed rule due to its unwarranted modified the requirement that 1 hour and indoor ventilation requirements. intrusion into the modular housing fire-resistive rating be based on testing The commenter suggested that prior to construction sector. Subpart K would in accordance with ASTM E 119–05, finalizing the rule, HUD should pause to allow ‘‘(t)wo or more adjacent without including language stating complete a Federalism Consultation and manufactured homes that are ‘‘with exposure from both sides on each more robust cost-benefit analysis, structurally independent from attached manufactured home unit.’’ especially as it relates to disaster foundation to roof and with open space preparedness and recovery. on at least two sides. . .’’ (definition of HUD has not integrated substantive HUD Response: HUD reviewed the Attached manufactured home at changes to include new exceptions and public comment regarding the § 3280.1002). In addition to federal HUD has not accepted substantive justification for this new Subpart. In preemption and safety risks associated changes to fire separation penetrations. response, HUD found that the standards with manufactured housing, the HUD will consider exceptions through promulgated in this Final Rule are commenter asserted that HUD has not the Alternative Construction process, within the scope and authority provided considered additional factors that make should a manufacturer be unable to by the Manufactured Home modular homebuilding preferable to meet the requirements of the standards Construction and Safety Standards Act manufactured housing, including: and be able to demonstrate an of 1974, as amended by the Durability, resiliency, long-term value equivalent level of safety. Further Manufactured Housing Improvement and resale market, access to changes, such as those proposed by Act of 2000. Further, HUD believes that conventional financing without the some commenters, should be proposed the future design, construction and limits FHA places on manufactured for review by the MHCC so that installation of attached manufactured home loans, and fewer zoning consensus review of those proposed homes may create affordable housing restrictions. changes is made as envisioned by the opportunities and may allow HUD Response: HUD reviewed Act. It is not appropriate for HUD to manufactured homes to be placed in comments that include specific text integrate these changes at the final rule more urban areas where land and space changes and has integrated those stage. restrictions have historically limited the comments to the maximum extent § 3280.1004 Exterior Walls use of manufactured housing and deemed necessary to effect the because the design and construction of appropriate changes. HUD has changed Two commenters proposed that in such homes historically required the definition for ‘‘fire separation wall’’ paragraph (b), ‘‘or separation wall’’ specific HUD approvals creating a more by removing the language that the walls should be added after ‘‘fire separation burdensome and costly oversight be structurally independent as that wall’’ and before ‘‘on each process. These areas may include requirement is already included in the manufactured home.’’ locations within Opportunity Zones. definition of ‘‘attached manufactured HUD Response: HUD reviewed HUD is aware of a nationwide trend that home.’’ Further, HUD reviewed the comments that include specific text recognizes increased focus on efficient comments suggesting intrusion into the changes and has decided not to land use in many areas. HUD’s modular housing sector and disagreed incorporate the change to ensure all Construction and Safety Standards with the comments. These standards exterior walls contain insulation.

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Comments: Changes to the shipped with and remains with the repeatedly said it is committed to both Manufactured Home Procedural and home. housing innovation and streamlining Enforcement Regulations (24 CFR Part HUD Response: HUD reviewed the the administrative and regulatory 3282). comment and addressed similar processes that hurt manufactured A commenter stated that high winds comments in this final rule. Concerns housing, and this rulemaking galvanizes caused by tornadoes and hurricanes regarding verification of current HUD’s commitment to the manufactured have caused significant damage to installation documentation housing industry. Because HUD is the manufactured housing units, as requirements should be put forth for standard-setting body for the nation’s compared to site-built houses, as MHCC review and consideration, as it is manufactured home construction and evidenced by the Federal Emergency not appropriate for HUD to integrate safety standards, updates must follow a Management Agency (FEMA) in changes on these requirements at the distinct administrative path and must be multiple post-disaster assessment final rule stage. prioritized separately from unrelated reports. The commenter explained that policy matters. Such an approach was § 3285.5 Definitions structural add-ons to manufactured recommended by the Government homes present a clear safety risk to life One commenter suggested that the Accountability Office in 2014 and in and property, and the broad authority ‘‘attached accessory building or 2019 by HUD’s own Office of Policy given to manufactured housing structure’’ definition in § 3285.5 be Development and Research.10 manufacturers regarding attachments, updated to ensure it matches how the These commenters also urged HUD to including car ports, garages, awnings, term is defined elsewhere in the move forward with the subsequent sets decks and porches, at the newly Standards. Specifically, the word ‘‘the’’ of Standards updates that have been proposed 24 CFR part 3282, as well as should be inserted between ‘‘which’’ passed by the MHCC but are still through the proposed subpart K, should and ‘‘attachment,’’ to promote pending HUD action. Such sets of be reconsidered and reevaluated. HUD consistency in the Standards for the updates include several critical industry should reevaluate the proposed new term ‘‘attached accessory building recommendations such as roll-in revisions in consultation with FEMA or structure.’’ showers and tankless water heaters and the U.S. Global Change Research HUD Response: HUD reviewed within the Standards. The commenters Program. comments that included specific text also urged HUD to move forward with Another commenter recommended changes and integrated those comments subsequent proposals to update the that HUD keep in mind that, on January to the maximum extent deemed Federal Construction and Safety 14, 2020, several important amendments necessary to effect the appropriate Standards that have been considered to Subpart M were advanced by the changes. and recommended by the Consensus MHCC’s Regulatory Enforcement Committee—yet have not been acted Continued Updates to the Standards Subcommittee. While the commenter upon by the Department. One and MHCC Recommendations Not did not suggest that HUD delay updates commenter stated it is unacceptable that Addressed in the Proposed Rule to Subpart M, HUD should be aware that HUD continues to neglect its obligations substantial changes will likely be General Comments to ensure timely updates to the approved by the MHCC at its next Standards. HUD’s delays have real- Several commenters supported world consequences for families moving meeting. The commenter also looked regular updates to the Standards and forward to the prompt implementation into manufactured homes and for the HUD’s backing of manufactured environment and public health. It is of the MHCC’s recommended revisions housing. Commenters also to Subpart M, which the commenter critical that HUD address each of the recommended that HUD develop and revisions already recommended by the believed will streamline the implement a streamlined process for administrative process. MHCC and act on future MHCC Standards updates going forward, so recommendations within the timeframe HUD Response: HUD reviewed these revisions are introduced on a more general comments. HUD is regulating allowed by Congress, ‘‘not later than 12 consistent timeline. months after the date on which a design of the manufactured home, not Many commenters supported the design and construction of site-built standard is submitted to the Secretary recommendations and technical changes by the MHCC.’’ attachments. These aspects remain made by the national association Comments: The Department of Energy under the purview of the local representing the industry at the federal and Energy Efficiency. authorities having jurisdiction. level, the Manufactured Housing One commenter stated that one of the Changes to the Model Manufactured Institute (MHI), that further enhance the proposed rule’s notable failures is Home Installation Standards (24 CFR proposed rule. The commenters HUD’s decision ‘‘not to include in this Part 3285) believed MHI’s recommendations proposed rule certain MHCC should be incorporated into HUD’s final recommendations due to pending General Comments updates and represent critical progress regulations for improving energy A commenter stated the proposed rule in clearing out the backlog of items that efficiency in manufactured homes being would have a significant impact on the have been approved by the MHCC. prepared by the U.S. Department of role of manufactured home installers, These changes were recommended by Energy’’ (DOE). DOE in November 2019 including potential liability for the MHCC but have not yet been agreed to a settlement to take final installation work related to accessory incorporated into the Standards, and the action on energy efficiency no later than buildings and other on-site installation, commenters encouraged HUD to quickly February 2022. This offers HUD a such as certain appliances the proposal finalize the proposed rule with MHI’s reasonable opportunity to implement states can be shipped ‘‘loose’’ to the recommended changes. homesite. To ensure that the end buyer A commenter believed updates are 10 U.S. Gov’t Accountability Office, GAO–14–410, or resident of the home has a home that delayed because the Office of Manufactured Housing: Efforts Needed to Enhance Program Effectiveness and Ensure Funding Stability has been safely manufactured, Manufactured Housing Programs is a (July 2, 2014). See also HUD’s ‘‘Report to Congress transported, and installed, it is vital that ‘‘low priority’’ within HUD’s on the On-Site Completion of Construction for all installation documentation is organizational hierarchy. HUD has Manufactured Homes’’ (June 18, 2019).

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the MHCC’s recommendations in the incorporation by reference in standard is used to measure and current rulemaking and HUD’s delay accordance with 5 U.S.C. 552(a) and 1 describe the response of materials, further risks the health and financial CFR part 51. Copies of these standards products, or assemblies to heat and well-being of new manufactured home may be obtained from the organization flame under controlled conditions, but residents. that developed the standard. As does not by itself incorporate all factors Another commenter continued that described in § 3280.4, these standards required for fire hazard or fire risk HUD states that ‘‘[g]iven this DOE are also available for inspection at assessment of the materials, products, or rulemaking,’’ it ‘‘has decided to HUD’s Office of Manufactured Housing assemblies under actual fire conditions. postpone action’’ on certain MHCC Programs and the National Archives and This standard is available online for recommendations affecting §§ 3280.502 Records Administration. review via read-only, electronic access and 3280.506(b). The proposed rule This final rule incorporates by at http://www.ASTM.org/READING cites no legal authority for this reference the following six consensus LIBRARY. postponement, nor is HUD’s proposed standards for Manufactured Housing: 4. NFPA 70–2005. National Electrical action one of the three outcomes 1. ANSI/ASHRAE 62.2–2010, Code, Article 550.17. The provisions of permitted by the statutory text: 11 The Ventilation and Acceptable Indoor Air this article cover the electrical adoption, modification, or rejection of Quality in Low-Rise Residential conductors and equipment installed the proposed revisions recommended by Buildings. This standard defines the within or on mobile and manufactured the MHCC. Moreover, the proposed rule roles of and minimum requirements for homes, the conductors that connect does not fulfill HUD’s obligation to mechanical and natural ventilation mobile and manufactured homes to a publish for public comment the systems and the building envelope supply of electricity, and the proposed revised standards intended to provide acceptable indoor installation of electrical wiring, recommended by the MHCC. Because air quality in low-rise residential luminaires (fixtures), equipment, and HUD has failed to identify the specific buildings. It is ASHRAE’s Indoor Air appurtenances related to electrical changes to the Standards that it is Quality standard for residential installations within a mobile home park postponing, HUD denies the public an buildings. It applies to spaces intended up to the mobile home service-entrance opportunity to meaningfully comment for human occupancy within single- conductors or, if none, the mobile home on this aspect of the proposed rule. family houses and multi-family service equipment. More specifically, Even if DOE’s standards for energy structures of three stories or fewer above Article 550.17 provides that the wiring efficiency would ultimately supersede grade, including manufactured and of each mobile home be subjected to a the MHCC’s approved modular houses. This standard is 1-minute, 900-volt, dielectric strength recommendations, HUD has ample time available online for review via read- test (with all switches closed) between to implement the MHCC’s only, electronic access at http:// live parts (including neutral) and the recommended energy efficiency ibr.ansi.org/Standards/. mobile home ground. Alternatively, the improvements before compliance with 2. ANSI/UL 2034–2016. Standard for standard allows a test to be performed any conflicting DOE standards would be Single and Multiple Station Carbon at 1080 volts for 1 second. This test required. Monoxide Alarms. These requirements shall be performed after branch circuits Another commenter recognized the cover electrically operated single and are complete and after luminaires valuable role energy efficiency multiple station carbon monoxide (CO) (fixtures) or appliances are installed. requirements play in reducing the alarms intended for protection in This standard is available online for energy burden of households ordinary indoor locations of dwelling review via read-only, electronic access (particularly low-and moderate-income units, including recreational vehicles, at http://ibr.ansi.org/Standards. households) and supporting mobile homes, and recreational boats 5. NFPA 720. Standard for the affordability across the life cycle of with enclosed accommodation spaces Installation of Carbon Monoxide (CO) homeownership and rental. DOE’s delay and cockpit areas. The carbon monoxide Detection and Warning Equipment. This does not absolve HUD of its obligation alarms covered by these requirements document does not attempt to cover all to provide manufactured homeowners are intended to respond to the presence equipment, methods, and requirements with energy efficient homes. The of carbon monoxide from sources such that might be necessary or advantageous commenter recommended HUD as, but not limited to, exhaust from for the protection of lives from carbon incorporate provisions of the internal-combustion engines, abnormal monoxide exposure. The effects of International Energy Conservation Code operation of fuel-fired appliances, and exposure to carbon monoxide vary appropriate for manufactured homes fireplaces. Carbon monoxide alarms are significantly among different people. into the federal standards. HUD should intended to alarm at carbon monoxide Infants, pregnant women, and people also work diligently with DOE to assure levels below those that cause a loss of with physical conditions that limit their the implementation of the requirements ability to react to the dangers of carbon bodies’ ability to use oxygen can be in 42 U.S.C. 17071. monoxide exposure. Carbon monoxide affected by low concentrations of carbon HUD Response: HUD reviewed the alarms covered by this standard are not monoxide. These conditions include, comments and intends to move forward intended to alarm when exposed to but are not limited to, emphysema, with more recent MHCC long-term, low-level carbon monoxide asthma, and heart disease, all of which recommendations. HUD will continue to exposures or slightly higher short-term are usually indicated by a shortness of collaborate and cooperate with other transient carbon monoxide exposures, breath upon mild exercise. People in federal agencies, including DOE, as possibly caused by air pollution or need of warning about low levels of needed and necessary. properly installed and maintained fuel- carbon monoxide should explore the fired appliances and fireplaces. This use of specially calibrated units or other IV. Incorporation by Reference standard is available online for review alternatives. This standard is primarily The reference standards proposed for via read-only, electronic access at http:// concerned with life safety, not with incorporation are approved by the ibr.ansi.org/Standard. protection of property. It covers the Director of the Federal Register for 3. ASTM E 119–05. Standard Test selection, design, application, Methods for Fire Tests of Building installation, location, performance, 11 See 42 U.S.C. 5403(a)(5). Construction and Materials. This inspection, testing, and maintenance of

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carbon monoxide detection and warning requirements that cover electrically The sections of the Construction and equipment in buildings and structures. operated single and multiple station Safety Standards that would be This standard is available online for smoke alarms intended for open area amended by each reference modification review via read-only, electronic access protection in indoor locations. This and the impact of each reference is at http://ibr.ansi.org/Standards. standard is available online for review shown in the chart below. 6. UL 217. Single and Multiple Station via read-only, electronic access at http:// Smoke Alarms. This document provides ibr.ansi.org/Standard.

Standard Edition Title Section Comment

ANSI/UL 2034 ...... Third ... Single and Multiple Station Car- § 3280.211(a) Only required for homes that incorporate a gas bon Monoxide Alarms. burning appliance and then preempts state and local requirements already established in 38 states. ANSI/ASHRAE 62.2...... 2010 ... Ventilation and Acceptable In- § 3280.103(d) Provides an option to ventilation requirements es- door Air Quality in Low-Rise tablished at § 3280.103(b) and (c). Residential Buildings. NFPA No.70 Article 550.17 .. 2005 ... National Electrical Code ...... § 3280.810(b) Provides for a referenced standard to conduct po- larity checks as an option to visual polarity checks. NFPA 720 ...... 2015 ... Standard for the Installation Car- § 3280.211(b) Only required for homes that incorporate a gas bon Monoxide Detection burning appliance or an attached garage and Equipment. then preempts state and local requirements al- ready established in 38 states. ASTM E 119...... 2005 ... Standard Test Method for Fire § 3280.1003(a) Allows for a manufacturer to design and construct Tests of Building Construction attached housing that is otherwise only per- and Materials. mitted through an AC review and approval. UL 217...... Fifth .... Single and Multiple Station § 3280.211(a) Provides for a referenced standard for manufac- Smoke Alarms. turers to use combination carbon monoxide and smoke alarms. This standard addresses smoke alarm operation of the combination alarms.

In addition to reviewing these determination must be made whether a can be found below in the Summary of standards on-line, copies of the regulatory action is significant and, Benefits and Costs, and in the rule’s standards may be obtained from the therefore, subject to review by the Office Regulatory Impact Analysis. organization that developed the of Management and Budget (OMB) in standard as follows: accordance with the requirements of the Summary of Benefits and Costs of Rule ANSI—American National Standards order. Executive Order 13563 As discussed, this final rule would Institute, 11 West 42nd Street, New (Improving Regulations and Regulatory amend the Federal Manufactured Home York, NY 10036, 212–642–4900, fax Review) directs executive agencies to Construction and Safety Standards by 212–398–0023, www.ansi.org. analyze regulations that are ‘‘outmoded, adopting recommendations made to ASHRAE—American Society of ineffective, insufficient, or excessively HUD by the MHCC. In this regard, this Heating, Refrigeration, and Air burdensome, and to modify, streamline, final rule revises various standards that Conditioning Engineers, 1791 Tullie expand, or repeal them in accordance reflect current construction practices Circle NE, Atlanta, GA 30329, 404–636– with what has been learned.’’ Executive used by the manufacturing housing 8400, fax 404–321–5478. Order 13563 also directs that, where industry and the home construction ASTM—ASTM, Int’l, 100 Barr Harbor relevant, feasible, and consistent with industry in general. For example, when Drive, West Conshohocken, regulatory objectives, and to the extent a manufacturer chooses to install a Pennsylvania 19428, 610–832–9500, fax permitted by law, agencies are to carbon monoxide alarm, the 610–832–9555, www.astm.org. identify and consider regulatory manufacturer will use an alarm that has NFPA—National Fire Protection approaches that reduce burdens and been listed in accordance with Association, Batterymarch Park, Quincy, maintain flexibility and freedom of requirements of ANSI/UL 2034 and the Massachusetts 02269, 617–770–3000, choice for the public. manufacturer will install the alarm in fax 617–770–0700, www.nfpa.org. This rule was determined to be a accordance with the product’s UL—Underwriters Laboratories, 333 ‘‘significant regulatory action’’ as installation instructions that meet the Pfingsten Road, Northbrook, Illinois defined in section 3(f) of the Executive requirements of NFPA 720. Similarly, 60062, 847–272–8800, fax 847–509– order (although not an economically standards proposed that are applicable 6257, www.ul.com. significant regulatory action, as to interior door widths as well as those This final rule also references ASTM provided under section 3(f)(1) of the provisions for multi-story and attached D781–1968 (Reapproved 1973), which Executive order). manufactured homes are based on has already been approved for Executive Order 13771 current construction practices that have incorporation by reference. No changes largely been established due to pre- are being proposed to this IBR. Executive Order 13771, entitled existing requirements of state and local V. Findings and Certifications ‘‘Reducing Regulation and Controlling jurisdictions for other housing products Regulatory Costs,’’ was issued on (i.e., site-built or modular). Other Regulatory Review—Executive Orders January 30, 2017. This rule is expected standards recommended by the MHCC 12866 and 13563 to be an Executive Order 13771 and proposed by HUD, such as those Under Executive Order 12866 regulatory action. Details on the that would define requirements for (Regulatory Planning and Review), a estimated cost savings of this final rule stairways, landings, handrails, guards

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and stairway illumination, would free technology in the construction of built under an AC that requires a site manufacturers from having to follow manufactured homes, HUD believes that inspection be conducted in order to various state and local requirements that codification of certain design features verify conformance with specific terms vary from jurisdiction to jurisdiction that already were reviewed can provide and conditions of the AC approval; and and bring uniformity to manufactured cost savings for manufacturers and 6. Maintaining and providing copies home construction nation-wide. The consumers, and reduce regulatory of AC-specific production reports, rule would also incorporate five new confusion when directly addressed inspection reports, and other reference standards that are already within the code. In fact, HUD’s final administrative burdens required to standards used in the design, listing, rule is based primarily on the MHCC’s maintain the AC approval. and evaluation of the respective recommendations and integrates some This rule would also require that materials or components. aspects of specific AC letters that have carbon monoxide detectors be installed In addition, HUD has concluded that been issued in the past. Specifically, in homes with fuel burning appliances this rule provides manufacturers more regulatory costs that are currently borne or designed by the home manufacturer flexibility in the ability to pursue design by the manufactured home for an attached garage. These provisions options and, more importantly, cost manufacturer associated with preparing are intended to be consistent with other savings as the result of eliminating the an AC request and maintaining the AC single-family dwelling construction need to obtain HUD approval through approvals include: requirements and are intended to the Alternative Construction (AC) 1. Manufacturers’ engineers’ provide early warning alerts to process (see § 3282.14). More preparation of designs, calculations, or occupants of the presence of carbon specifically, manufacturers need to tests for aspects that do not conform monoxide within the living space of the engage the AC process to design and with outdated building standards for manufactured home. Specifically, this construct manufactured homes that past innovations that have become more rule would require that carbon incorporate innovations that have not commonplace but have not yet been monoxide alarms be installed in yet been codified in HUD’s Construction incorporated into the Construction and accordance with the Standard for the and Safety Standards. For example, Safety Standards; addressing the design and construction 2. DAPIA review and approval of the Installation of Carbon Monoxide of multi-story homes, attached homes, designs, calculations, and or tests to be Detection Equipment, NFPA 720–2015, or homes that are designed to submitted on behalf of the and be listed and conform to the accommodate an attached garage or manufacturers requesting HUD’s requirements of Single and Multiple carport that is not factory constructed approval; Station Carbon Monoxide Alarms, but added to the home during the home 3. Preparation of a submission ANSI/UL 2034–2016 edition. installation process, may create package for the AC request, including In sum, the one-time annual costs of regulatory confusion between state, all designs, calculations, and tests to be this proposed rule range from $2.19 local, and Federal authorities and may sent to HUD for approval; million to $4.122 million. Total valued sometimes require HUD approval 4. Lost opportunity costs and actual benefits range from $8.515 million to through the AC process prior to the manufacturer and DAPIA staff time to $12.517 million. Unvalued benefits manufacturer being able to incorporate respond to HUD throughout the review include reduced home damage and these design features. After review of an and approval process, which, depending injuries from piping water heater relief AC request, HUD establishes specific on the specific AC request, may take as valves to outside of the home and from terms and conditions for use of the few as 30 days or as long as 6 months; the avoided delay during the AC review. design through an AC letter. While the 5. Time and travel associated with The total estimated annual costs and AC process serves a useful purpose, third-party inspections at each affected benefits are described in the chart including encouraging the use of new home’s site for manufactured homes below.

3 percent 7 percent Estimate: low Estimate: high Estimate: low Estimate: high

Total Annual Costs (See Figure 3): Carbon Monoxide Detector Requirement ...... $258,000 $1,032,000 $258,000 $1,032,000 Water heater relief valves ...... 1,352,400 1,932,000 1,352,400 1,932,000 Wet-vented drains ...... 483,000 772,800 483,000 772,800 Separate Bathroom Light Switches ...... 96,600 425,040 96,600 425,040

Total ...... 2,190,000 4,161,840 2,190,000 4,161,840 Present Value of Benefits Carbon Monoxide Detector Requirement (See Figure 4): Value of Injuries Prevented ...... 166,818 166,818 142,688 142,688 Value of Deaths Prevented ...... 8,908,186 8,908,186 7,619,651 7,619,651 Wet-vented drains (See Figure 7) ...... 483,000 772,800 483,000 772,800 Separate Bathroom Light Switches (See Figure 5) ...... 326,796 2,614,366 214,929 1,719,434 Deregulatory (See Figure 6): Whole-House Ventilation...... 3,540 3,540 3,540 3,540 2-Story Homes ...... 12,640 12,640 12,640 12,640 Attached Garages...... 38,836 38,836 38,836 38,836

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

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A fuller discussion of the costs and Paperwork Reduction Act Reduction Act, an agency may not benefits of this rule is available in the conduct or sponsor, and a person is not rule’s Regulatory Impact Analysis, The information collection required to respond to, a collection of which is part of this docket. requirements contained in this proposed information unless the collection rule have been approved by the OMB Finally, any changes made to the rule displays a valid control number. under the Paperwork Reduction Act of The burden of information collection subsequent to its submission to OMB 1995 (44 U.S.C. 3501–3520) and addressed in this final rule is estimated are identified in the docket file, which assigned OMB control number 2502– as follows for those aspects that would is available for public inspection in the 0253. HUD expects to make changes to continue to require AC requests and Regulations Division, Room 10276, the existing recordkeeping items does not include burdens for past AC Office of General Counsel, U.S. consistent with changes in this final requests related to carport-ready homes, Department of Housing and Urban rule and believes that the changes will garage-ready homes, homes that exceed Development, 451 7th Street SW, result in a decrease of burden. In 2,571 square feet (whole house Washington, DC 20410–0500. accordance with the Paperwork ventilation), and two-story homes:

Number of Frequency of Responses Burden hours Annual burden Hourly cost Information collection respondents response per annum per response hours per response Annual cost

Manufacturers Records: § 3282.14 Alter- native Construc- tion Submissions 135 0.75 101 2.5 253 $33.57 $8,493.21 IPIA Records: § 3282.14 Alter- native Construc- tion Submission Concurrence Records and Re- porting ...... 12 14 168 2.0 336 33.57 11,279.52 DAPIA Records: § 3282.203/361/364 Design Review Records and Re- porting ...... 6 28 168 1.0 168 33.57 5,639.76

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

Unfunded Mandates Reform Act Regulatory Flexibility Act to be small businesses based on the Title II of the Unfunded Mandates The Regulatory Flexibility Act (RFA) threshold of 1,250 employees or less. Reform Act of 1995 (2 U.S.C. 1531– (5 U.S.C. 601 et seq.) generally requires The final rule applies to all the 1538) establishes requirements for an agency to conduct a regulatory manufacturers and thus would affect a Federal agencies to assess the effects of flexibility analysis of any rule subject to substantial number of small entities. their regulatory actions on state, local, notice and comment rulemaking Small entities have the ability and and tribal governments, and the private requirements, unless the agency certifies capability to offer the same type of sector. This rule will not impose any that the rule will not have a significant housing products with the same or Federal mandates on any state, local, or economic impact on a substantial similar options, features, and appliances tribal government or the private sector number of small entities. It is HUD’s as larger manufacturers. However, within the meaning of the Unfunded position that this proposed rule would smaller manufacturers have more Mandates Reform Act of 1995. not have a significant economic impact difficulty spreading regulatory costs on a substantial number of small over the higher production of homes Environmental Review entities. This proposed rule would like that of a large, higher producing A Finding of No Significant Impact regulate establishments primarily manufacturer. Small manufacturers with respect to the environment has engaged in making manufactured homes would need to bear the costs, reducing been made in accordance with HUD (NAICS 32991). The U.S. Small profit margins accordingly or passing- regulations at 24 CFR part 50, which Business Administration’s size through the costs over lower production implement section 102(2)(C) of the standards define an establishment amounts. This may disproportionally National Environmental Policy Act of primarily engaged in making increase the cost of housing products for 1969 (42 U.S.C. 4332(2)(C)). The manufactured homes as small if it does small manufacturers considering the Finding of No Significant Impact is not exceed 1,250 employees. Of the 222 same or similar options, features, and available for public inspection between firms included under this NAICS appliances. This rule, however, would the hours of 8 a.m. and 5 p.m. weekdays definition, approximately 35 produce provide small manufacturers greater in the Regulations Division, Office of manufactured homes subject to HUD’s flexibility to pursue design options and, General Counsel, Room 10276, Manufactured Housing Construction more importantly, obtain cost savings Department of Housing and Urban and Safety Standards. Other entities resulting from the elimination of the Development, 451 Seventh Street SW, covered by this NAICS code build non- need to obtain HUD approval through Washington, DC 20410–0500. The HUD Code prefabricated buildings. Of the AC process (see § 3282.14). More Finding of No Significant Impact will the 35 manufacturers subject to HUD’s specifically, small manufacturers are also be available for review in the Manufactured Housing Construction more likely to engage engineering docket for this rule on Regulations.gov. and Safety Standards, 31 are considered consultants and other non-staff

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resources in order to provide data and Accordingly, for the reasons described U.S.C. 552(a) and 1 CFR part 51 as information needed for the AC process. in the preamble, HUD amends 24 CFR though set forth in full. The Consequently, small manufacturers parts 3280, 3282, and 3285 to read as incorporation by reference of these would benefit most from this rule’s follows: standards has been approved by the provisions that eliminate the AC process Director of the Federal Register. If a later for design and construction of PART 3280—MANUFACTURED HOME edition is to be enforced, the manufactured homes that incorporate CONSTRUCTION AND SAFETY Department will publish a notification innovations that have not yet been STANDARDS of change in the Federal Register. These incorporated standards are available for codified in HUD’s Construction and ■ Safety Standards. Additionally, the 1. The authority citation for part 3280 purchase from the organization that elimination of these current regulatory continues to read as follows: developed the standard at the costs may provide small manufacturers Authority: 15 U.S.C. 2697, 42 U.S.C. corresponding addresses noted below. the opportunity to pursue design and 3535(d), 5403, and 5424. Incorporated standards are available for construction innovations that absent the ■ 2. In § 3280.2, add in alphabetical inspection at the Office of Manufactured rule would have been too costly to order a definition for ‘‘Attached Housing Program, Manufactured pursue. accessory building or structure’’ to read Housing and Construction Standards For the reasons stated, a substantial as follows: Division, U.S. Department of Housing number of small manufacturers with and Urban Development, 451 Seventh fewer than 1,250 employees will be § 3280.2 Definitions. Street SW, Room B–133, Washington, affected by this rule. Nevertheless, HUD * * * * * DC 20410, email [email protected]. Copies anticipates that the rule will not have a Attached accessory building or of incorporated standards that are not significant economic impact on them. structure means any awning, cabana, available from their producer Accordingly, the undersigned certifies deck, ramada, storage cabinet, carport, organizations may be obtained from the that this rule would not have a windbreak, garage or porch for which Office of Manufactured Housing significant economic impact on a the attachment of such is designed by Programs. These standards are also substantial number of small entities. the home manufacturer to be available for inspection at the National structurally supported by the Archives and Records Administration Executive Order 13132, Federalism manufactured home. (NARA). For information on the Executive Order 13132 (entitled * * * * * availability of this material at NARA, ‘‘Federalism’’) prohibits, to the extent ■ 3. Revise § 3280.3 to read as follows: email [email protected] or go to practicable and permitted by law, an www.archives.gov/federal-register/cfr/ agency from promulgating a regulation § 3280.3 Manufactured home procedural ibr-locations.html. that has federalism implications and and enforcement regulations, and * * * * * either imposes substantial direct consumer manual requirements. (m) * * * compliance costs on state and local (a) A manufacturer must comply with (2) ANSI/ASHRAE 62.2–2010, governments and is not required by the requirements of this part, part 3282 Ventilation and Acceptable Indoor Air statute, or preempts state law, unless the of this chapter, and 42 U.S.C. 5416. Quality in Low-Rise Residential relevant requirements of section 6 of the (b) Consumer manuals must be in Buildings, copyright 2010 IBR approved Executive order are met. This rule does accordance with § 3282.207 of this for § 3280.103(d). not have federalism implications and chapter. * * * * * does not impose substantial direct ■ 4. Amend § 3280.4 as follows: (p) * * * compliance costs on state and local ■ a. Revise paragraph (a); (27) ASTM E 119–05, Standard Test governments or preempt state law ■ b. Add paragraph (m)(2); Methods for Fire Tests of Building within the meaning of the Executive ■ c. In the introductory text to Construction and Materials, approved order. paragraph (p), remove the words September 15, 2005, IBR approved for ‘‘American Society for Testing and § 3280.1003(a). Catalog of Federal Domestic Assistance Materials’’ and add, in their place, * * * * * The Catalog of Federal Domestic ‘‘ASTM, International’’; (aa) * * * Assistance number for Manufactured ■ d. Redesignate paragraphs (p)(27) (4) * * * Housing Construction and Safety through (34) as paragraphs (p)(28) (xvi) Article 550.17, IBR approved for Standards is 14.171. through (35), respectively, and add new § 3280.810(b). paragraph (p)(27); * * * * * List of Subjects ■ e. Redesignate paragraphs (aa)(4)(xvi) (9) NFPA 720, Standard for 24 CFR Part 3280 through (xix) as paragraphs (aa)(4)(xvii) Installation of Carbon Monoxide (CO) through (xx), respectively, and add new Detection and Warning Equipment, Fire prevention, Housing standards, paragraph (aa)(4)(xvi); and 2015 Edition, Copyright 2014, IBR Incorporation by reference. ■ f. Add paragraph (aa)(9); approved for § 3280.211(b). ■ g. In paragraph (hh)(9), remove 24 CFR Part 3282 * * * * * ‘‘§ 3280.208(a)’’ and add, in its place, Administrative practice and (hh) * * * ‘‘§§ 3280.208(a) and 3280.211(a)’’; and (23) ANSI/UL 2034–2016, Standard procedure, Consumer protection, ■ h. Add paragraph (hh)(23). for Single and Multiple Station Carbon Intergovernmental relations, The revision and additions read as Monoxide Alarms, Third Edition, dated Investigations, Manufactured homes, follows: Reporting and recordkeeping February 28, 2008 (including revisions requirements, Warranties. § 3280.4 Incorporation by reference. through May 11, 2016), IBR approved (a) The specifications, standards, and for § 3280.211(a). 24 CFR Part 3285 codes of the following organizations are * * * * * Housing standards, Manufactured incorporated by reference in 24 CFR ■ 5. In § 3280.5, redesignate paragraphs homes. part 3280 (this Standard) pursuant to 5 (d) through (i) as paragraphs (e) through

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(j), respectively, and add new paragraph this section, ventilation systems not designed and built as part of a (d) to read as follows: complying with ANSI/ASHRAE transportable section of a manufactured Standard 62.2 (incorporated by home. § 3280.5 Data plate. reference, see § 3280.4) may be used. (2) Width. Stairways must not be less * * * * * ■ 8. In § 3280.108, add paragraph (c) to than 36 inches in clear width at all (d) The applicable statement: read as follows: points above permitted handrail height This manufactured home IS designed and below the required headroom to accommodate the additional loads § 3280.108 Interior passage. height. Handrails must not project more imposed by the attachment of an * * * * * than 41⁄2 inches on either side of the attached accessory building or structure (c) All interior swinging doors must stairway and the minimum clear width in accordance with the manufacturer have a minimum clear opening of 27 of the stairway at and below the installation instructions. The additional inches except doors to toilet handrail height, including treads and loads are in accordance with the design compartments in single-section homes landings, must not be less than 311⁄2 load(s) identified on this Data Plate; or (see § 3280.111(b)), and doors to closets inches where a handrail is installed on This manufactured home IS NOT and pantries. one side and 27 inches where handrails designed to accommodate the additional ■ 9. Revise § 3280.111 to read as are provided on both sides. loads imposed by the attachment of an follows: (3) Stair treads and risers—(i) Riser attached accessory building or structure height and tread depth. The maximum § 3280.111 Toilet compartments. in accordance with the manufacturer riser height must not exceed 81⁄4 inches installation instructions. (a) Each toilet compartment must be and the minimum tread depth must not * * * * * a minimum of 30 inches wide, except, be less than 9 inches. The riser height ■ 6. In § 3280.11, revise paragraph (d) to when the toilet is located adjacent to the must be measured vertically between read as follows: short dimension of the tub, the distance leading edges of the adjacent treads. The from the tub, to the center line of the tread depth must be measured § 3280.11 Certification label. toilet must not be less than 12 inches. horizontally between the vertical planes * * * * * At least 21 inches of clear space must of the foremost projection of adjacent (d) The label must be located at the be provided in front of each toilet. treads and at a right angle to the tread’s taillight end of each transportable (b) All bathroom passage doors in leading edge. The walking surface of section of the manufactured home single-section homes must have a treads and landings of a stairway must approximately 1 foot up from the floor minimum clear opening width of 23 be sloped no steeper than one unit and 1 foot in from the road side, or as inches, and bathroom passage doors in vertical in 48 units horizontal (a 2- near that location on a permanent part multi-section homes must have a percent slope). The greatest riser height of the exterior of the manufactured minimum clear opening width of 27 within any flight of stairs must not home section as practicable. The road inches. exceed the smallest by more than 3⁄8 side is the right side of the ■ 10. In § 3280.113, redesignate inch. The greatest tread depth within manufactured home when one views the paragraphs (b), (c), and (d) as paragraphs any flight of stairs must not exceed the manufactured home from the tow bar (c), (d), and (e), respectively, and add smallest by more than 3⁄8 inch. end of the manufactured home. If paragraph (b) to read as follows: (ii) Profile. The radius of curvature at locating the label on the taillight end of the leading edge of the tread must not § 3280.113 Glass and glazed openings. a transportable section will prevent the be greater than 9⁄16 inch. A nosing not label from being visible after the * * * * * less than 3⁄4 inch but not more than 11⁄4 manufactured home section is installed (b) Required glazed openings shall be inches shall be provided on stairways at the installation site, the label must be permitted to face into a roofed porch with solid risers. The greatest nosing installed on a permanent part of the where the porch abuts a street, yard, or projection must not exceed the smallest exterior of the manufactured home court and the longer side of the porch nosing projection by more than 3⁄4 inch section, in a visible location as specified is at least 65 percent open and between two stories, including the in the approved design. unobstructed and the ceiling height is nosing at the level of floors and ■ 7. In § 3280.103, revise paragraph (b) not less than 7 feet. landings. Beveling of nosing must not introductory text and add paragraph (d) * * * * * exceed 1⁄2 inch. Risers must be vertical to read as follows: ■ 11. Add § 3280.114 to read as follows: or sloped from the underside of the leading edge of the tread above at an § 3280.103 Light and ventilation. § 3280.114 Stairways. angle not more than 30 degrees from the * * * * * (a) Stairways—(1) General. These vertical. Open risers are permitted, (b) Whole-house ventilation. Each minimum standards apply to stairways provided that the opening between manufactured home must be provided that are designed and constructed as treads does not permit the passage of a with whole-house ventilation having a part of the factory-completed 4-inch diameter sphere. A nosing is not minimum capacity of 0.035 ft3/min/ft2 transportable section(s) of a required where the tread depth is a of interior floor space or its hourly manufactured home, such as interior minimum of 11 inches. The opening average equivalent. This ventilation stairways for multi-level or multi-story between adjacent treads is not limited capacity must be in addition to any homes or external stairways for multi- on stairs with a total rise of 30 inches openable window area. In no case shall level construction features that are or less. the installed ventilation capacity of the designed and constructed in the factory (4) Headroom. The minimum system be less than 50 cfm. The on a transportable section and integral headroom in all parts of the stairway following criteria must be adhered to: to the access and egress needs within must not be less than 6 feet 8 inches, * * * * * the transportable section(s) of a home. measured vertically from the sloped (d) Optional ventilation provisions. As These standards do not apply to exterior plane adjoining the tread nosing or from an option to complying with the stairways that are built at the home site the floor surface of the landing or provisions of paragraphs (b) and (c) of or stairways to basement areas that are platform.

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(5) Winders (winding stairways). as the upper rails of guards required by (2) Required guards on open sides of Winders are permitted, provided that paragraph (d) of this section. stairways, raised floor areas, balconies, the width of the tread at a point not (3) Continuity. Required handrails and porches must have intermediate more than 12 inches from the side must be continuous from a point rails or ornamental closures that do not where the treads are narrower is not less directly above the leading edge of the allow passage of a sphere 4 inches in than 10 inches and the minimum width lowest stair tread to a point directly diameter. of any tread is not less than 6 inches. above the leading edge of the landing or (i) The triangular openings formed by Within any flight of stairs, the greatest floor surface at the top of the stairway. the riser, tread and bottom rail of a winder tread depth at the 12-inch walk If the handrail is extended at the top of guard at the open side of the stairway line must not exceed the smallest by the stairway flight, the extension must must be of such a size that a sphere of more than 3⁄8 inch. The continuous parallel the floor or landing surface and 6 inches cannot pass through. handrail required by paragraph (c)(3) of must be at the same height as the (ii) Guard systems must be designed this section must be located on the side handrail above the leading edges of the to resist a load of 20 lb./ft applied in any where the tread is narrower. treads. If the handrail is extended at the direction at the top and to transfer this (6) Spiral stairways. Spiral stairways base of the stair, it must continue to load through the supports to the are permitted provided the minimum slope parallel to the stair flight for a structure. All guard systems must be width is a minimum 26 inches with distance of one tread depth, measured able to resist a single concentrated load each tread having 71⁄2 inch minimum horizontally, before being terminated or of 200 lb., applied in any direction at tread width at 12 inches from the returned or extended horizontally. The any point along the top and have narrow edge. All treads must be ends of handrails must return into a attachment devices and supporting identical, and the rise must be no more wall or terminate in a safety terminal or structures to transfer this loading to than 91⁄2 inches. Minimum headroom of newel post. appropriate structural elements of the 6 feet, 6 inches must be provided. (4) Graspability. Required handrails building. This load is not required to be must, if circular in cross section, have assumed to act concurrently with the (7) Circular stairways. Circular 1 stairways must have a tread depth at a a minimum 1 ⁄4-inch and a maximum 2- loads specified in this section. point not more than 12 inches from the inch diameter dimension. Handrails (e) Stairway illumination. All interior with a noncircular cross section must side where the treads are narrower of and exterior stairways must be provided have a perimeter dimension of at least not less than 11 inches and the with a means to illuminate the 4 inches and not more than 61⁄4 inches minimum depth of any tread must not stairways, including the landings and (with a maximum cross-section be less than 6 inches. Tread depth at treads. dimension of not more than 21⁄4 inches). any walking line, measured a consistent (1) Interior stairways must be The handgrip portion of the handrail distance from a side of the stairway, provided with an artificial light source must have a smooth surface. Edges must must be uniform as specified in located in the immediate vicinity of have a minimum 1⁄8-inch radius. paragraph (a)(2)(i) of this section. each landing of the stairway. For Handrails must be continuously interior stairs, the artificial light sources (b) Landings. Every landing must have graspable along their entire length a minimum dimension of 36 inches must be capable of illuminating treads except that brackets or balusters are not and landings to levels not less than one measured in the direction of travel. considered obstructions to graspability Landings must be located as follows: (1) foot-candle measured at the center of if they do not project horizontally treads and landings. The control and (1) There must be a floor or landing beyond the sides of the handrail within at the top and bottom of each stairway, activation of the required interior 11⁄2 inches of the bottom of the handrail. except at the top of an interior flight of stairway lighting must be accessible at (5) Required resistance of handrails. the top and bottom of each stairway basement stairs, provided a door does Handrails must be designed to resist a not swing over the stairs. without traversing any steps. load of 20 lb./ft applied in any direction (2) Exterior stairways designed by the (2) A landing or floor must be located at the top and to transfer this load home manufacturer and constructed in on each side of an interior doorway and through the supports to the structure. the factory must be provided with an exterior doorway, to the extent the All handrails must be able to resist a artificial light source located in the external stairway is designed by the single concentrated load of 200 lbs., immediate vicinity of the top landing of home manufacturer and constructed in applied in any direction at any point the stairway. An artificial light source is the factory, and the width of each along the top, and have attachment not required at the top and bottom landing must not be less than the door devices and supporting structures to landing, provided an artificial light it serves. The maximum threshold transfer this loading to appropriate source is located directly over each height above the floor or landing must structural elements of the building. This stairway section. The illumination of be 11⁄2-inches. load is not required to be assumed to act exterior stairways must be controlled (c) Handrails—(1) General. A concurrently with the loads specified in from inside the home. minimum of one handrail meeting the this section. ■ requirements of this section must be (d) Guards. (1) Porches, balconies, or 12. Amend § 3280.209 by ■ a. Revising paragraph (a); installed on all stairways consisting of raised floor surfaces located more than ■ b. Redesignating paragraphs (b) four or more risers. Handrails must be 30 inches above the floor or grade below through (f) as paragraphs (c) through (g); securely attached to structural framing must have guards not less than 36 1 and members. A minimum space of 1 ⁄2 inches in height. Open sides of stairs ■ c. Adding a new paragraph (b). inches must be provided between the with a total rise of more than 30 inches The addition and revision read as adjoining wall surface and the handrail. above the floor or grade below must follows: (2) Handrail height. Handrails must have guards not less than 34 inches in be installed between 34 inches and 38 height measured vertically from the § 3280.209 Smoke Alarm Requirements. inches measured vertically from the nosing of the treads. Balconies and (a) Labeling. Each smoke alarm leading edge of the stairway treads porches on the second floor or higher required under paragraph (b) of this except that handrails installed up to 42 must have guards a minimum of 42 section must conform with the inches high must be permitted if serving inches in height. requirements of UL 217 (incorporated

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by reference, see § 3280.4), or ANSI/UL installed to also comply with separation is a floor ceiling assembly, 268 (incorporated by reference, see § 3280.209. the structure supporting the separation § 3280.4), and must bear a label to (f) Basement applications. For each must also be protected by not less than evidence conformance. Combination home designed to be placed over a 1⁄2-inch gypsum board or equivalent. smoke and carbon monoxide alarms basement, the manufacturer must The design approval and the shall be listed and must bear a label to provide a carbon monoxide alarm for manufacturer’s installation instructions evidence conformance with UL 217 and the basement and must install the must also include provision for ANSI/UL 2034. electrical junction box for the equivalent vertical or horizontal (b) Combination alarms. Combination installation of this carbon monoxide separation between the garage and the smoke and carbon monoxide alarms alarm for its interconnection with other manufactured home as appropriate. shall be permitted to be used in lieu of alarms required by this section. (2) [Reserved] smoke alarms. If installed, such alarms (g) Testing. Each required carbon (d) Openings from a garage directly must meet location requirements for monoxide alarm installed at the factory into a room designated for sleeping both smoke alarms and carbon must be operationally tested, after purposes are not permitted. monoxide alarms. conducting the dielectric test specified (e) Other openings between the garage * * * * * in § 3280.810(a), in accordance with the and the manufactured home must: ■ 13. Add § 3280.211 to read as follows: alarm manufacturer’s instructions. A (1) Be equipped with solid wood carbon monoxide alarm that does not doors not less than 13⁄8 inch in § 3280.211 Carbon monoxide alarm function as designed during the test and thickness, or solid or honeycomb steel requirements. is not satisfactorily repaired so that it doors not less than 13⁄8 inch in (a) Labeling. Carbon monoxide alarms functions properly in the next retest thickness, or 20-minute fire-rated doors, shall be listed and must bear a label to must be replaced. Any replacement and all doors shall be of the self-closing evidence conformance with ANSI/UL carbon monoxide alarm must be type; and 2034 (incorporated by reference, see successfully tested in accordance with (2) Be in addition to the two exterior § 3280.4). Combination carbon this section. doors required by § 3280.105. monoxide and smoke alarms shall be ■ 14. Add § 3280.212 to read as follows: listed and must bear a label to evidence (f) Ducts penetrating the walls or conformance with ANSI/UL 2034 and § 3280.212 Factory constructed or site- ceilings separating the manufactured UL 217 (incorporated by reference, see built attached garages. home from the garage must be § 3280.4). (a) When a manufactured home is constructed of a minimum No. 26 gauge (b) Required carbon monoxide alarm designed for factory construction with steel or other approved material and locations. Carbon monoxide alarms an attached garage or is designed for must have no openings into the garage. must be installed in each home construction of an attached site-built (g) Installation instructions shall be containing either a fuel burning garage that is not self-supported, the provided by the home manufacturer appliance or designed by the home manufacturer must design the that, in addition to addressing the fire manufacturer to include an attached manufactured home to accommodate all separation as required in this section, garage. Carbon monoxide alarms must appropriate live and dead loads from shall identify acceptable attachment be installed outside of each separate the attached garage structure that will be locations, indicate design limitations for sleeping area in the immediate vicinity transferred through the manufactured the attachment of the garage including of the bedrooms and in accordance with home structure to the home’s support acceptable live and dead loads for the alarm manufacturer’s installation and anchoring systems. which the home has been designed to instructions. Where a fuel-burning (b) The design must specify the accommodate, and provide support and appliance is located within a bedroom following home and garage anchorage designs as necessary to or its attached bathroom, a carbon characteristics including maximum transfer all imposed loads to the ground monoxide alarm must be installed width, maximum sidewall height, in accordance with §§ 3285.301 and within the bedroom and in accordance maximum roof slope, live and dead 3285.401 of this chapter. with the manufacturer’s installation loads, and other design limitations or (h) A site-built, self-supported garage instructions. Carbon monoxide alarms restrictions using loads provided by this is considered an add-on, per must be installed in conformance with Code. 3282.8(j)(1), that does not affect the NFPA 720 (incorporated by reference, (c) When a manufactured home is ability of the manufactured home to see § 3280.4). factory constructed with an attached comply with the Construction and (c) Interconnectivity. Where more garage or is constructed for the Safety Standards. The design and than one carbon monoxide alarm is attachment of a site-built garage, construction of the garage is subject to required to be installed, the alarm provisions must be made to provide fire state and or local authorities having devices shall be interconnected in such separation between the garage and the jurisdiction. a manner that the actuation of one alarm manufactured home. ■ 15. Add § 3280.213 to read as follows: will activate all the alarms installed. (1) The garage must be separated from (d) Connection to power source. Each the manufactured home and its attic by § 3280.213 Factory constructed or site- 1 built attached carports. carbon monoxide alarm must be not less than ⁄2-inch gypsum board or powered from the electrical system of equivalent applied to the garage side of (a) When a manufactured home is the home as the primary power source the manufactured home, separation designed for factory construction with and a battery as a secondary power shall be from the underside of the floor an attached carport or is designed for source. to the underside of the roof deck and construction of an attached site-built (e) Combination alarms. Combination may be provided on-site as part of an On carport, the manufacturer must design carbon monoxide and smoke alarms Site Completion of Construction the manufactured home to shall be permitted to be used in lieu of approval. Garages beneath habitable accommodate all appropriate live and carbon monoxide alarms. When rooms must be separated from all dead loads from the attached carport combination carbon monoxide and habitable rooms by 5⁄8-inch, Type X structure that will be transferred smoke alarms are used, they shall be gypsum board or equivalent. Where the through the manufactured home

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structure to the home’s support and comply with the standards. The design must be tight fitted against all anchoring systems. and construction of the carport is penetrations. (b) The design, including the home’s subject to state and or local authorities (h) * * * installation instructions, must specify having jurisdiction. (5) Portions of roof assemblies, the following home and carport ■ 16. In § 3280.305, revise paragraphs including, but not limited to, dormers, characteristics including maximum (a), (e)(1), (g)(6), and (h)(5) to read as gables, crickets, hinged roof sections, width, maximum sidewall height, live follows: sheathing, roof coverings, and dead loads, and other design underlayments, flashings, and eaves and limitations or restrictions. § 3280.305 Structural design requirements. overhangs are permitted to be assembled (1) Alternatively, the manufacturer (a) General. Each manufactured home and installed on site in accordance with may provide, by design and home must be designed and constructed as a 24 CFR part 3282, subpart M, provided installation instructions, the maximum completely integrated structure capable that the requirements in paragraphs live and dead loads, and the applied of sustaining the design load (h)(5)(i) through (v) of this section are loading locations, that the home is requirements of this part and must be met. designed to resist from the carport, and capable of transmitting these loads to (i) Approved installation instructions other design limitations or restrictions. stabilizing devices without exceeding must be provided that include (2) [Reserved]. the allowable stresses or deflections. requirements for the following items: (c) Homes may be designed with a Roof framing must be securely fastened (A) Materials, installation, and factory-installed host beam (i.e., ledger to wall framing, walls to floor structure, board) or specific roof truss rail for the structural connections complying with and floor structure to chassis to secure this section; attachment of the carport to the exterior and maintain continuity between the (B) Installation and fastening of wall of the home. The host beam (i.e., floor and chassis, so as to resist wind sheathing and roof coverings; ledger board) must be designed to overturning, uplift, and sliding as transmit the appropriate live and dead imposed by design loads in this part. In (C) Installation of appliance vent loads at the interface between the multistory construction, each story must systems in accordance with § 3280.710; carport and the manufactured home. In be securely fastened to the story above (D) Installation of plumbing vents as cases where the carport is designed to and/or below to provide continuity and required by § 3280.611; and be supported by the roof truss overhang, resist design loads in this part. (E) Installation of attic ventilation in the roof trusses must be designed to Uncompressed finished flooring greater accordance with § 3280.504(c). support the additional live and dead than 1⁄8 inch in thickness must not (ii) The installation instructions loads from the carport. extend beneath load-bearing walls that specified in paragraph (h)(5)(i) of this (1) Any portion of the host beam (i.e., are fastened to the floor structure. section must include drawings, details, ledger board) and all fasteners exposed * * * * * and instructions as necessary to assure to the weather shall be protected in (e) * * * that the on-site work complies with the accordance with § 3280.307. (1) Roof framing must be securely approved design. (2) [Reserved]. fastened to wall framing, walls to floor (iii) The installation instructions (d) To ensure that the attachment of specified in paragraph (h)(5)(i) of this the carport does not interfere with roof structure, and floor structure to chassis, to secure and maintain continuity section must provide for inspection of or attic ventilation, the manufacturer the work at the installation site. As must provide specific instructions to between the floor and chassis in order to resist wind overturning, uplift, and necessary to ensure conformance, ensure continued compliance with the inspection panels may be required, or manufactured home roof or attic sliding, and to provide continuous load paths for these forces to the foundation inspections may need to occur in stages ventilation requirements in accordance that assure inspections are performed with § 3280.504(d). or anchorage system. The number and type of fasteners used must be capable before any work is concealed. Such (e) Installation instructions shall be inspection procedures shall be provided by the home manufacturer that of transferring all forces between elements being joined. In multistory addressed in the approved installation identify acceptable attachment instructions. locations, indicate design limitations for construction, each story must be (iv) Temporary weather protection the attachment of the carport including securely fastened to the story above must be provided per § 3280.307(e). acceptable live and dead loads for and/or below to provide continuity and which the home has been designed to resist design loads in this section. * * * * * accommodate, and provide support and * * * * * ■ 17. Amend § 3280.307 by adding anchorage designs as necessary to (g) * * * paragraph (e) to read as follows: transfer all imposed loads to the ground (6) Bottom board material (with or without patches) must meet or exceed § 3280.307 Resistance to elements and in accordance with §§ 3285.301 and use. 3285.401 of this chapter. the level of 48 inch-pounds of puncture (1) The manufacturer must ensure that resistance as tested by the Beach * * * * * any anchoring system designs Puncture Test in accordance with (e) Multi-section and attached incorporating anchorage to resist Standard Test Methods for Puncture and manufactured homes (see subpart K of combined shear wall and carport uplift Stiffness of Paperboard, and Corrugated this part) are not required to comply loads are evaluated for adequacy to and Solid Fiberboard, ASTM D781– with the factory installation of weather- resist the combined loads, taking into 1968 (Reapproved 1973) (incorporated resistant exterior finishes for those areas consideration the limitations of the by reference, see § 3280.4). The material left open for field connection of the ground anchor test and certification. must be suitable for patches and the sections provided the following (2) [Reserved]. patch life must be equivalent to the conditions are satisfied: (f) A site-built, self-supported carport material life. Patch installation (1) Temporary weather protection for is considered an add-on, as provided by instruction must be included in the exposed, unprotected construction is § 3282.8(j)(1), that does not affect the manufactured home manufacturer’s provided in accordance with methods to ability of the manufactured home to instructions. The bottom board material be included in the approved design.

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(2) Methods for on-site completion family attached manufactured home (iv) Relief valve piping designed to be and finishing of these elements are shall be considered an exterior wall (see located underneath the manufactured included in the approved design. subpart K of this part). home is not required to be installed at (3) Complete installation instructions * * * * * the factory provided the manufacturer and the required materials for finishing designs the system for site assembly and ■ 20. In § 3280.602, add alphabetically these elements are provided. also provides all materials and the definition for ‘‘Indirect waste ■ components including piping, fittings, 18. In § 3280.504, add paragraph (a)(3) receptor’’ to read as follows: and revise paragraph (b) introductory cement, supports, and instructions for text to read as follows: § 3280.602 Definitions. proper site installation. * * * * * * * * * * § 3280.504 Condensation control and installation of vapor retarders. Indirect waste receptor means a ■ 23. In § 3280.610, add headings to receptor that receives a discharge waste (a) * * * paragraphs (c)(1) and (4) and revise pipe that is not directly connected to a (3) In multi-story manufactured paragraph (c)(5) to read as follows: receptor but maintains a suitable air gap homes, the ceiling vapor retarder is between the end of the pipe and the top § 3280.610 Drainage systems. permitted to be omitted when the story of the drain. * * * * * directly above is part of the same manufactured home. * * * * * (c) * * * (1) General. *** (b) Exterior walls. Exterior walls must ■ 21. In § 3280.608, revise paragraph (b) * * * * * be provided with a system or method to to read as follows: (4) Size Requirement. *** manage moisture and vapor (5) Preassembly of drain lines. accumulation with one of the elements § 3280.608 Hangers and supports. Section(s) of the drain system, designed in paragraphs (b)(1) through (4) of this * * * * * to be located underneath the section. For purposes of the requirement (b) Piping supports. Piping must be manufactured home or between stories in this paragraph (b), the fire separation secured at sufficiently close intervals to of the manufactured home, are not wall between each attached keep the pipe in alignment and carry the required to be factory installed when the manufactured home must be considered weight of the pipe and contents. Unless manufacturer designs the system for site to be an exterior wall. See subpart K of otherwise stated in the standards assembly and also provides all materials this part incorporated by reference for specific and components, including piping, * * * * * materials at § 3280.604(a), or unless fittings, cement, supports, and specified by the pipe manufacturer, ■ 19. Amend § 3280.506 as follows: instructions necessary for proper site horizontal plastic drainage piping must ■ a. Redesignate paragraphs (a), (b), and installation. be supported at intervals not to exceed (c) as paragraphs (b), (c), and (d), * * * * * 4 feet and horizontal plastic water respectively; ■ piping must be supported at intervals 24. Amend § 3280.611 as follows: ■ b. Designate the introductory text as not to exceed 3 feet. Vertical drainage ■ a. Remove the comma at the end of paragraph (a); and water piping must be supported at paragraph (c)(1)(i) and add a semicolon ■ c. In newly designated paragraph (a): in its place; and ■ each story height. i. Remove ‘‘of this subpart;’’ ■ b. Revise paragraph (c)(1)(ii). ■ ii. Remove ‘‘figure 506’’ and add * * * * * The revisions to read as follows: ‘‘figure 1 to this paragraph (a)’’ in its ■ 22. In § 3280.609, revise paragraph place; and (c)(1)(iii) and add paragraph (c)(1)(iv) to § 3280.611 Vents and venting. ■ iii. Add a heading for the figure. read as follows: * * * * * ■ d. In newly redesignated paragraph (c) * * * (b): § 3280.609 Water distribution systems. ■ * * * * * (1) * * * i. Remove the heading; 1 ■ ii. Add a comma between (c) * * * (ii) A 1 ⁄2-inch diameter (min.) ‘‘ventilation’’ and ‘‘and;’’ (1) * * * continuous vent or equivalent, ■ iii. Remove ‘‘below’’ and add ‘‘in the (iii) Relief valves must be provided indirectly connected to the toilet drain table to this paragraph (b)’’ in its place; with full-sized drains, with cross piping within the distance allowed in and sectional areas equivalent to that of the paragraph (c)(5) of this section for 3 ■ iv. Add a heading for the table; and relief valve outlet. The outlet of a inch trap arms through a 2-inch wet ■ e. Revise newly redesignated pressure relief valve, temperature relief vented drain that carries the waste of paragraph (c). valve, or combination thereof, must not not more than one fixture. Sections of The revisions and additions to read as be directly connected to the drainage the wet vented drain that are 3 inches follows: system. The discharge from the relief in diameter are permitted to carry the valve must be piped full size separately waste of an unlimited number of § 3280.506 Heat loss/heat gain. to the exterior of the manufactured fixtures; or (a) * * * home, not underneath the home, or to * * * * * Figure 1 to Paragraph (a) an indirect waste receptor located inside ■ 25. In § 3280.612, amend paragraph (b) * * * the manufactured home. Exterior relief (a) to read as follows: Table 1 to Paragraph (b) drains shall be directed down and shall * * * * * terminate between 6″ and 24″ above § 3280.612 Tests and inspection. (c) To assure uniform heat finished grade. Drain lines must be of a (a) Water system. All water piping in transmission in manufactured homes, material listed for hot water distribution the water distribution system must be cavities in exterior walls, floors, and and must drain fully by gravity, must subjected to a pressure test. The test ceilings must be provided with thermal not be trapped, and must not have their must be made by subjecting the system insulation. For insulation purposes, the outlets threaded, and the end of the to air or water at 80 psi + or ¥ 5 psi fire separation wall between each single drain must be visible for inspection. for 15 minutes without loss of pressure.

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The water used for the test must be § 3280.705 Gas piping systems. exterior skin at or near each gas supply obtained from a potable water source. * * * * * connection or the end of the pipe, a tag * * * * * (c) * * * of 3 inches by 13⁄4 inches minimum size, (1) All points of crossover beneath the made of etched, metal-stamped or ■ 26. Amend § 3280.705 by: transportable sections must be readily embossed brass, stainless steel, ■ a. Revising paragraph (c)(1); accessible from the exterior of the home. anodized or alcalde aluminum not less ■ b. In paragraph (j), removing ‘‘shall’’ In multi-story manufactured homes, the than 0.020 inch thick, or other approved and add in its place ‘‘must’’ wherever it interconnections between stories must material [e.g., 0.005 inch plastic appears; be accessible through a panel on the laminates], with the information shown exterior or interior of the manufactured ■ in Figure 1 to this paragraph (k). The c. Revising paragraphs (k), (l)(7), and home. (l)(8)(i); and connector capacity indicated on this tag * * * * * must be equal to or greater than the total ■ d. Adding paragraph (l)(8)(iii). (k) Identification of gas supply Btu/hr rating of all intended gas The revisions and addition to read as connections. Each manufactured home follows: must have permanently affixed to the appliances.

(l) * * * Pressure must be measured with a ■ 27. In § 3280.708, revise paragraph (7) Hangers and supports. All mercury manometer or slope gauge (a)(1) introductory text to read as horizontal gas piping must be calibrated so as to be read in increments follows: adequately supported by galvanized or of not greater than one-tenth pound, or equivalently protected metal straps or an equivalent device. The source of § 3280.708 Exhaust duct system and hangers at intervals of not more than 4 normal operating pressure must be provisions for the future installation of a clothes dryer. feet, except where adequate support and isolated before the pressure tests are protection is provided by structural made. Before a test is begun, the (a) * * * (1) All gas and electric members. Vertical gas piping in multi- temperature of the ambient air and of clothes dryers must be exhausted to the story dwelling units must be supported the piping must be approximately the outside by a moisture/lint exhaust duct at intervals of not more than 6 feet. same, and constant air temperature must and termination fitting. When the Solid iron-pipe connection(s) must be be maintained throughout the test. manufacturer supplies the clothes dryer, rigidly anchored to a structural member the exhaust duct and termination within 6 inches of the supply * * * * * fittings must be completely installed by connection(s). (iii) Where gas piping between (8) * * * (i) Before appliances are transportable sections must be made on the manufacturer. If the exhaust duct connected, piping systems must stand a site, the installation instructions must system is subject to damage during pressure of three ± 0.2 psi gauge for a contain provisions for onsite testing for transportation, or a field connection period of not less than ten minutes leakage consistent with the provisions between transportable sections is without showing any drop in pressure. in paragraph (l)(8)(i) of this section. required, complete factory installation

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of the exhaust duct system is not § 3280.802 Definitions. home must remain weather protected required when the following apply: * * * * * during the transportation sequence to * * * * * (a) * * * prevent internal damage. (4) Attached accessory building or (b) Testing or analysis requirements. ■ 28. In § 3280.709, revise paragraph (a) structure means any awning, cabana, Suitability of the transportation system to read as follows: deck, ramada, storage cabinet, carport, and home structure to withstand the § 3280.709 Installation of appliances. windbreak, garage, or porch for which effects of transportation must be the attachment of such is designed by permitted to be determined by testing, (a) The installation of each appliance the home manufacturer to be or engineering analysis, or a must conform to the terms of its listing structurally supported by the combination of the two as required by and the manufacturer’s instructions. manufactured home. paragraphs (b)(1) and (2) of this section. The manufactured home manufacturer (1) Road tests. Tests must be * * * * * must leave the appliance manufacturer’s witnessed by an independent registered (b) [Reserved] instructions attached to the appliance. professional engineer or architect, Every appliance must be secured in ■ 31. In § 3280.807, add paragraph (g) to manufacturer’s IPIA or DAPIA, or by a place to avoid displacement. For the read as follows: recognized testing organization. Such purpose of servicing and replacement, § 3280.807 Fixtures and appliances. testing procedures must be part of the each appliance must be both accessible manufacturer’s approved design. and removable. * * * * * (2) Engineering analysis. Engineering (1) A direct vent space heating (g) In bathrooms, ceiling-mounted analysis methods based on the appliance is permitted to be shipped lighting fixtures and wall-mounted principles of mechanics and/or loose for on-site installation in a lighting fixtures must not be controlled structural engineering may be used to basement provided the following: by the same switch. substantiate the adequacy of the (i) The heating appliance is listed for ■ 32. In § 3280.810, revise paragraph (b) transportation system to withstand in- the installation. to read as follows: transit loading conditions. As (ii) Approved installation instructions transportation loadings are typically are provided that include requirements § 3280.810 Electrical testing. critical in the longitudinal direction, for completion of all gas and electrical * * * * * analysis should, in particular, provide connections and provide for the (b) Additional testing. Each emphasis on design of longitudinal manufacturer’s inspection and/or testing manufactured home must be subjected structural components of the of all connections. to the following tests: manufactured home (e.g., main chassis (iii) Approved instructions are (1) An electrical continuity test to girder beams, sidewalls, and rim joists, provided to assure connection of the assure that metallic parts are effectively etc.). Notwithstanding, all structural vent and combustion air systems in bonded; elements necessary to the structural accordance with § 3280.710(b), and to (2) An operational test of all devices integrity of the manufactured home provide for the manufacturer’s and utilization equipment, except water during in-transit loading are also to be inspection of the systems for heaters, electric ranges, electric evaluated (e.g., transverse chassis compliance. furnaces, dishwashers, clothes washers/ members and floor framing members, (iv) Approved installation and the dryers, and portable appliances, to etc.). manufacturer’s inspection procedures demonstrate they are connected and in (i)(A) The summation of the design are provided for the connection of the working order; and loads in paragraphs (b)(2)(i)(A)(1) site-installed heating appliance to the (3) Electrical polarity checks to through (3) of this section may be used factory-installed circulation air system determine that connections have been to determine the adequacy of the chassis and return air systems. made in accordance with applicable in conjunction with the manufactured (2) The procedures must include provisions of these standards and home structure to resist in-transit revisions to assure compliance of the Article 550.17 of NFPA 70–2005 loading: installed systems with § 3280.715. (incorporated by reference, see (1) Dead load, the vertical load due to § 3280.4). Visual verification is an the weight of all structural and non- * * * * * acceptable electrical polarity check. structural components of the ■ 29. In § 3280.710, revise paragraph (d) manufactured home at the time of § 3280.902 [Amended] to read as follows: shipment. ■ 33. In § 3280.902(b), remove ‘‘an A (2) Floor load, a minimum of 3 § 3280.710 Venting, ventilation, and frame’’ and add in its place ‘‘a rigid pounds per square foot. combustion air. substructure.’’ (3) Dynamic loading factor, * * * * * ■ 34. Revise § 3280.903 to read as (0.25)[(b2iA) + (b2iB)]. (d) Venting systems of fuel-burning follows: (B) However, the in-transit design appliances must terminate at least three loading need not exceed twice the dead feet above any motor-driven air intake § 3280.903 General requirements for load of the manufactured home. discharging into habitable rooms when designing the structure to withstand (ii) To determine the adequacy of located within ten feet of the air intake. transportation shock and vibration. individual longitudinal structural * * * * * (a) General. The manufactured home components to resist the in-transit and its transportation system (as defined design loading, a load distribution based ■ 30. Amend § 3280.802 by: in § 3280.902(f)) must withstand the on the relative flexural rigidity and ■ a. Redesignating paragraphs (a)(4) effects of highway movement such that shear stiffness of each component may through (41) as paragraphs (a)(5) the home is capable of being transported be utilized. For the purpose of loading through (42); safely and installed as a habitable distribution, the sidewall may be ■ b. Adding a new paragraph (a)(4); and structure. Structural, plumbing, considered to be acting as a ‘‘deep ■ c. Adding and reserving paragraph (b). mechanical, and electrical systems must beam’’ in conjunction with other load The additions read as follows: be designed to function after set-up. The carrying elements in determining the

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relative stiffness of the integrated against excessive deformation of (8) Tires, wheels, and rims. Tires, structure. Further, by proper pre- structural or finish members. wheels, and rims must be selected, cambering of the chassis assembly, (4) Running gear assembly—(i) Design sized, and fitted to axles so that static additional loading may be distributed to criteria. The design load used to size dead load supported by the running gear the chassis, and the remaining loading running gear components must be the does not exceed the load capacity of the may be distributed to each of the load gross static dead weight minus the static tires. Tires must not be loaded beyond carrying members by the relative tongue weight supported by the the load rating marked on the sidewall stiffness principle. drawbar. Running gear must be of the tire or, in the absence of such a (iii) The analysis is also to include designed to accept shock and vibration, marking, the load rating specified in any consideration for: both from the highway and the towing of the publications of any of the (A) Location of openings in the vehicle and effectively dampen these organizations listed in Federal Motor sidewall during transport and, when forces so as to protect the manufactured Vehicle Safety Standard (FMVSS) No. appropriate, home structure from damage and 119 in 49 CFR 571.119, S5.1(b). Wheels provisions for reinforcement of the fatigue. Its components must be and rims must be sized in accordance structure and/or chassis at the opening. designed to facilitate routine with the tire manufacturer’s (B) Sidewall component member maintenance, inspection, and recommendations as suitable for use sizing and joint-splice analysis (i.e., top replacement. with the tires selected. and bottom plates, etc.), and (ii) Location. Location of the running (i) Inflation pressure. The load and connections between load carrying gear assembly must be determined by cold inflation pressure imposed on the elements. documented engineering analysis, rim or wheel must not exceed the rim ■ 35. In § 3280.904, revise paragraphs taking into account the gross weight and wheel manufacturer’s instructions (a), (b)(1) through (6) and (8) through (including all contents), total length of even if the tire has been approved for a (10) to read as follows: the manufactured home, the necessary higher load or inflation. Tire cold coupling hitch weight, span distance, inflation pressure limitations and the § 3280.904 Specific requirements for and turning radius. Weights shall be inflation pressure measurement designing the transportations system. checked with the home in a level correction for heat must be as specified (a) General. The transportation system position ready for transport. The in 49 CFR 393.75(h). must be designed and constructed as an coupling weight must be not less than (ii) Used tires. Whenever the tread integrated unit which is safe and 12 percent nor more than 25 percent of depth is at least 1⁄16 inch as determined suitable for its specified use. In the gross weight. by a tread wear indicator, used tires are operation, the transportation system (5) Spring assemblies. Spring permitted to be sized in accordance must effectively respond to the control assemblies (springs, hangers, shackles, with 49 CFR 571.119. The of the towing vehicle tracking and bushings, and mounting bolts) must be determination as to whether a used tire braking, while traveling at applicable capable of supporting the running gear is acceptable must also include a visual highway speeds and in normal highway design loads, without exceeding inspection for thermal and structural traffic conditions. maximum allowable stresses for design defects (e.g., dry rotting, excessive tire (b) Specific requirements—(1) spring assembly life as recommended by sidewall splitting, etc.). Used tires with Drawbar. The drawbar must be the spring assembly manufacturer. The such structural defects must not be constructed of sufficient strength, capacity of the spring system must installed on manufactured homes. rigidity, and durability to safely ensure that under maximum operating (9) Brake assemblies—(i) Braking withstand those dynamic forces load conditions, sufficient clearance is axles. The number, type, size, and experienced during highway maintained between the tire and design of brake assemblies required to transportation. It must be securely manufactured home’s frame or structure assist the towing vehicle in providing fastened to the manufactured home to permit unimpeded wheel movement effective control and stopping of the substructure. and for changing tires. manufactured home must be determined (2) Coupling mechanism. The (6) Axles. Axles, and their connecting and documented by engineering coupling mechanism (which is usually hardware, must be capable of analysis. Those alternatives listed in of the socket type) must be securely supporting the static running gear § 3280.903(c) may be accepted in place fastened to the drawbar in such a design loads, without exceeding of such an analysis. Unless manner as to assure safe and effective maximum allowable design axle loads substantiated in the design to the transfer of the maximum loads, as recommended by the axle satisfaction of the approval agency by including dynamic loads, between the manufacturer. The number and load either engineering analysis in manufactured home structure and the capacity necessary to provide a safe tow accordance with § 3280.903(a)(1) or tests hitch-assembly of the towing vehicle. must not be less than those required to in accordance with paragraph (b)(9)(ii) The coupling must be equipped with a support the design load. of this section, there must be a manually operated mechanism so (i) Recycled axles. Before reuse, all minimum of two axles equipped with adapted as to prevent disengagement of axles, including all component parts, brake assemblies on each manufactured the unit while in operation. The must be reconditioned as required home transportable section. coupling must be so designed that it can pursuant to a program accepted by a (ii) Stopping distance. Brakes on the be disconnected regardless of the angle nationally recognized testing agency. towing vehicle and the manufactured of the manufactured home to the towing The recycling program must be home (a drive-away/tow-away) must be vehicle. approved, and the axles must be labeled capable of ensuring that the maximum (3) Chassis. The chassis, in by a nationally recognized testing stopping distance from an initial speed conjunction with the manufactured agency. Recycled axles and their of 20 miles per hour does not exceed 35 home structure, must be constructed to components must utilize compatible feet in accordance with 49 CFR effectively sustain the design loads. The components and be of the same size and 393.52(d) for 2 or fewer vehicles in integrated structure must be capable of rating as the original equipment. drive away or tow away operation. ensuring the integrity of the complete (ii) [Reserved]. (iii) Electrical brake wiring. Brake manufactured home and ensuring * * * * * wiring must be provided for each brake.

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The brake wire must not be less than the (2) Fire-resistance-rated floor/ceiling inches above the lower roof. The fire value specified in the brake and wall assemblies shall extend to and separation wall construction from the manufacturer’s instructions. Aluminum be tight against the exterior wall, and lower roof to the underside of the higher wire, when used, must be provided with wall assemblies shall extend from the roof deck must not have less than a 1- suitable termination that is protected foundation to the underside of the roof hour fire-resistive rating. The wall must against corrosion. sheathing. be rated for exposure from both sides. (10) Lamps and associated wiring. (b) Fire separation penetrations. (1) (2) Parapets must have the same fire Stop lamps, turn signal/lamps, and Fire rated fire separation walls must not resistance rating as that required for the associated wiring must meet the contain through penetrations or supporting wall or walls. On any side appropriate sections of FMVSS No. 108 openings. adjacent to a roof surface, the parapet in 49 CFR 571.108, which specify the (2) Membrane penetrations for must have noncombustible faces for the performance and location of these lamps electrical boxes are permitted on the uppermost 18 inches, to include counter and their wiring. The manufacturer may living side of the wall under the flashing and coping materials. Where meet these requirements by utilizing a following conditions: the roof slopes toward a parapet at temporary light/wiring harness, which (i) Steel electrical boxes not exceeding slopes greater than 2⁄12 (16.7 percent has components that meet the FMVSS 16 square inches may be installed slope), the parapet must extend to the No. 108. The temporary harness is provided that the total area of such same height as any portion of the roof permitted to be provided by the boxes does not exceed 100 square within a distance of three feet, but in no manufactured home transportation inches in any 100 square feet wall area. case will the height be less than 30 carrier. Steel electrical boxes in adjacent fire inches. ■ 36. Add subpart K to read as follows: separation walls must be separated by a horizontal distance of not less than 24 § 3280.1004 Exterior walls. Subpart K—Attached Manufactured inches. (a) The requirements of § 3280.504 for Homes and Special Construction (ii) Listed 2-hour fire-resistant condensation control and vapor retarder Considerations nonmetallic electrical boxes are installation are required to be provided installed in accordance with the listings. on each fire separation wall of each Sec. (iii) No other membrane penetrations attached manufactured home. 3280.1001 Scope. are allowed. (b) The requirements of § 3280.506 for 3280.1002 Definitions. (c) Continuity of walls. The fire heat loss/gain insulation apply to the 3280.1003 Attached manufactured home separation walls for single-family fire separation wall on each attached unit separation. attached dwelling units must be manufactured home. 3280.1004 Exterior walls. continuous from the foundation to the 3280.1005 Electrical service. § 3280.1005 Electrical service. 3280.1006 Water service. underside of the roof sheathing, deck, or slab and must extend the full length of (a) Each attached manufactured home § 3280.1001 Scope. the fire separation walls. must be supplied by only one service. This subpart covers the requirements (d) Parapets. (1) Parapets constructed (b) Service conductors supplying one for attached manufactured homes and in accordance with paragraph (d)(2) of manufactured home must not pass other related construction associated this section must be provided for through the interior of another with manufactured homes not attached manufactured homes as an manufactured home. addressed elsewhere within this part. extension of fire separation walls in accordance with the following: § 3280.1006 Water service. § 3280.1002 Definitions. (i) Where roof surfaces adjacent to the (a) Each manufactured home must The following definitions are fire separation walls are at the same have an individual water supply that applicable to this subpart only: elevation, the parapet must extend not will service only that unit. Attached manufactured home. Two or less than 30 inches above the roof (b) Each manufactured home must more adjacent manufactured homes that surfaces. have a hot water supply system that will are structurally independent from (ii) Where roof surfaces adjacent to service only that unit. foundation to roof and with open space the wall or walls are at different PART 3282—MANUFACTURED HOME on at least two sides, but which have the elevations and the higher roof is not PROCEDURAL AND ENFORCEMENT appearance of a physical connection more than 30 inches above the lower REGULATIONS (i.e., zero lot line). roof surface, the parapet must not extend less than 30 inches above the Fire separation wall. An adjoining ■ 37. The authority citation for part lower roof surface. wall of a manufactured home that 3282 is revised to read as follows: separates attached manufactured homes (A) Parapets must be provided unless with a fire separation distance of less roofs are of a Class C roof covering and Authority: 15 U.S.C. 2697, 28 U.S.C. 2461 than three feet. the roof decking or sheathing is of note, 42 U.S.C. 3535(d), 5403, and 5424. noncombustible materials or approved ■ 38. In § 3282.7, redesignate § 3280.1003 Attached manufactured home fire-retardant-treated wood for a paragraphs (d) through (nn) as (e) unit separation. distance of four feet on each side of the through (oo) and add new paragraph (d) (a) Separation requirements. (1) common fire separation walls; or one to read as follows: Attached manufactured homes shall be layer of 5⁄8 inch Type X gypsum board separated from each other by a fire or equivalent is installed directly § 3282.7 Definitions. separation wall of not less than 1-hour beneath the roof decking or sheathing * * * * * fire-resistive rating with exposure from for a distance of four feet on each side (d) Attached accessory building or both sides on each attached of the fire separation walls. structure means any awning, cabana, manufactured home unit when rated (B) A parapet must not be required deck, ramada, storage cabinet, carport, based on tests in accordance with where roof surfaces adjacent to the windbreak, garage, or porch for which ASTM E119–05 (incorporated by common walls are at different elevations the attachment of such is designed by reference, see § 3280.4). and the higher roof is more than 30 the home manufacturer to be

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structurally supported by the (iii) Installation instructions shall be (2) Any work required by the home manufactured home. provided by the home manufacturer design that cannot be completed in the * * * * * which identifies acceptable attachment factory, or when the manufacturer locations, indicates design limitations ■ 39. In § 3282.8, revise paragraph (j) to authorizes the retailer to provide an for the attached accessory building or read as follows: add-on to the home during installation, structure including acceptable live and when that work would take the home § 3282.8 Applicability. dead loads for which the home has been out of conformance with the * * * * * designed to accommodate and provide construction and safety standards and (j) Add-on. An add-on including an support and anchorage designs as then bring it back into conformance; attached accessory building or structure necessary to transfer all imposed loads * * * * * added by the retailer or some party to the ground in accordance with part other than the manufacturer (except 3285 of this chapter. PART 3285—MODEL MANUFACTURED where the manufacturer acts as a * * * * * HOME INSTALLATION STANDARDS retailer) as part of a simultaneous ■ 40. In § 3282.14, revise paragraph (a) ■ transaction involving the sale of a new introductory text to read as follows: 43. The authority citation for part manufactured home, is not governed by 3285 continues to read as follows: § 3282.14 Alternative construction of Authority: 42 U.S.C. 3535(d), 5403, 5404, the standards and is not subject to the manufactured homes. regulations in this part except as and 5424. (a) Policy. In order to promote the identified in this section and part 3280 purposes of the Act, the Department ■ 44. In § 3285.5, add alphabetically the of this chapter. The addition of any add- will permit the sale or lease of one or definition for ‘‘Attached accessory on or attached accessory building or more manufactured homes not in building or structure’’ to read as follows: structure must not affect the ability of compliance with the standards under § 3285.5 Definitions. the manufactured home to comply with circumstances wherein no affirmative the standards. If the addition of an add- action is needed to protect the public * * * * * on or attached accessory building or interest. An add-on, including an Attached accessory building or structure causes the manufactured home attached accessory building or structure structure means any awning, cabana, to fail to conform to the standards, then which does not affect the performance deck, ramada, storage cabinet, carport, sale, lease, and offer for sale or lease of and ability of the manufactured home to windbreak, garage, or porch for which the home are prohibited until the comply with the standards in the attachment of such is designed by manufactured home is brought into accordance with § 3282.8(j), is not the home manufacturer to be conformance with the standards. governed by this section. The structurally supported by the (1) With the exception of attached Department encourages innovation and manufactured home. accessory buildings or structures, add- the use of new technology in * * * * * ons must be structurally independent manufactured homes. Accordingly, ■ and any attachment between the home 45. In § 3285.903, revise paragraph (c) HUD will permit manufacturers to to read as follows: and the add-on must be for utilize new designs or techniques not in weatherproofing or cosmetic purposes compliance with the standards in cases: § 3285.903 Permits, alterations, and on- only. site structures. * * * * * (2) If an attached accessory building ■ * * * * * or structure is not structurally 41. In § 3282.601, add paragraph (c) to read as follows: (c) Installation of an add-on or independent all the following must be attached accessory building or structure. met for attachment to the manufactured § 3282.601 Purpose and applicability. Each attached accessory building or home: * * * * * structure or add-on is designed to (i) Manufactured home must be (c) Exception. An add-on or attached support all of its own live and dead designed and constructed to accessory building or structure which loads, unless the attached accessory accommodate all imposed loads, does not affect the performance and building or structure is otherwise including any loads imposed on the ability of the manufactured home to included in the installation instructions home by the attached accessory building comply with the standards in or designed by a registered professional or structure, in accordance with part accordance with § 3282.8(j) is not engineer or registered architect in 3280 of this chapter. governed by this section. accordance with this part. (ii) Data plate must indicate that home ■ 42. In § 3282.602, revise paragraph Dana T. Wade, has been designed to accommodate the (a)(2) to read as follows: additional loads imposed by the Assistant Secretary for Housing Federal attachment of the attached accessory § 3282.602 Construction qualifying for on- Housing Commissioner. buildings or structures and must site completion. [FR Doc. 2020–28227 Filed 1–11–21; 8:45 am] identify the design loads. (a) * * * BILLING CODE 4210–67–P

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