HUD has reviewed the public comment regarding integration of requirements that are generally consistent with provisions of the International Residential Code (IRC). Teresa B. Payne, Administrator, Office of Manufactured Housing Programs, Office of Housing, U.S. Department of Housing and Urban Development, 451 7th Street SW, Washington DC 20410; telephone 202-402-5365 (this is not a toll-free number). The proposed rule provides no requirements that attached manufactured homes be manufactured by the same manufacturer or installed at the same time. This prototype edition of the However, HUD's Construction and Safety Standards as promulgated through this Final Rule would preempt state and local requirements for the same aspects of construction, the same as for all other manufactured homes. (a) Separation requirements. Some commenters noted that, as written, the proposal would conflict with existing state and local requirements and require manufactured home communities to replace existing inventory of prefabricated landings and stairs. HUD revised the reference for the braking performance stopping distance, aligning HUD's standards with DOT (at 49 CFR 393.52(d)) and clarified the classification of manufactured home to best align with DOT's previously designated classification. The commenter provided a link to an example of effective models whereby government agencies rely on ISO/IEC 17020 accreditation programs (https://www1.nyc.gov/site/buildings/industry/recognized-accrediting-bodies.page). The greatest tread depth within any flight of stairs must not exceed the smallest by more than 3/8 inch. Another commenter recommended HUD add a prescriptive lighting standard as an alternative compliance option. This final rule amends the Federal Manufactured Home Construction and Safety Standards (the Construction and Safety Standards) by adopting recommendations made to HUD by the Manufactured Housing Consensus Committee (MHCC), as modified by HUD. HUD Response: HUD reviewed comments that include specific text changes and has integrated those comments to the maximum extent deemed necessary to effect the appropriate changes that remain in line with the MHCC's recommendations. PDF GUIDE TO FOUNDATION AND SUPPORT SYSTEMS FOR MANUFACTURED HOMES - HUD User Another commenter stated it could not find a federal Department of Transportation (DOT) requirement that would reduce the braking distance to 35 feet from 40 feet. In general, however, any new work done on any home in most building jurisdictions, and often any repair work of substance, must be performed in accordance with current building codes. Beveling of nosing must not exceed 1/2 inch. The home must remain weather protected during the transportation sequence to prevent internal damage. Another commenter recommended that HUD keep in mind that, on January 14, 2020, several important amendments to Subpart M were advanced by the MHCC's Regulatory Enforcement Subcommittee. Comment: HUD should adopt universal design standards. These aspects remain under the purview of the local authorities having jurisdiction. Another commenter stated that it has several floor plans with closet and pantry openings less than 27-inches and uses 24-inches for water heater and furnace compartments and 16-inches for linen and coat closets. Executive Order 13132 (entitled Federalism) prohibits, to the extent practicable and permitted by law, an agency from promulgating a regulation that has federalism implications and either imposes substantial direct compliance costs on state and local governments and is not required by statute, or preempts state law, unless the relevant requirements of section 6 of the Executive order are met. 26 gauge steel or other approved material and must have no openings into the garage. 22. Please feel free to email us with your comments or questions. About the Federal Register Further changes, such as those proposed by some commenters, should be proposed for review by the MHCC so that consensus review of those proposed changes is made as envisioned by the Act. Risers must be vertical or sloped from the underside of the leading edge of the tread above at an angle not more than 30 degrees from the vertical. Section(s) of the drain system, designed to be located underneath the manufactured home or between stories of the manufactured home, are not required to be factory installed when the manufacturer designs the system for site assembly and also provides all materials and components, including piping, fittings, cement, supports, and instructions necessary for proper site installation. The first set of revisions proposed by the MHCC was published as a final rule in the Federal Register on November 30, 2005 (70 FR 72024). For purposes of the requirement in this paragraph (b), the fire separation wall between each attached manufactured home must be considered to be an exterior wall. Small entities have the ability and capability to offer the same type of housing products with the same or similar options, features, and appliances as larger manufacturers. The number and type of fasteners used must be capable of transferring all forces between elements being joined. If locating the label on the taillight end of a transportable section will prevent the label from being visible after the manufactured home section is installed at the installation site, the label must be installed on a permanent part of the exterior of the manufactured home section, in a visible location as specified in the approved design. The commenters proposed significant changes to HUD's proposed regulatory text. Where a fuelburning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm must be installed within the bedroom and in accordance with the manufacturer's installation instructions. [8] HUD Response: HUD reviewed and generally agreed with the comments. This rule would also require that carbon monoxide detectors be installed in homes with fuel burning appliances or designed by the home manufacturer for an attached garage. These edits will help HUD address minimum fire separation requirements for common walls of attached manufactured housing solutions in the Standards. Energy-Efficient Manufactured Homes | Department of Energy While the commenter did not suggest that HUD delay updates to Subpart M, HUD should be aware that substantial changes will likely be approved by the MHCC at its next meeting. HUD has acted on proposed standards received from the public and as reviewed, modified and recommended by the MHCC. This standard is available online for review via read-only, electronic access at http://www.ASTM.org/READINGLIBRARY. The incorporation by reference of certain other publications listed in the rule was approved by the Director of the Federal Register as of August 11, 1987. The determination as to whether a used tire is acceptable must also include a visual inspection for thermal and structural defects (e.g., dry rotting, excessive tire sidewall splitting, etc.). Start Printed Page 2525The brake wire must not be less than the value specified in the brake manufacturer's instructions. For each ADP code One commenter stated that proposed 3280.305(h)(5) expands areas of construction that could be deferred to the job site and imposed on the installer under On-Site Completion Requirements. The commenter stated that installers were not included in deliberations on the proposed changes, and that since the On-Site Completion rule is relatively new, and given that HUD has failed to monitor or measure compliance, this provision should be deleted until the success of the On Site Completion process can be evaluated. Another commenter recommended that, for paragraph (b)(6)(i), that the nationally recognized testing agency be accredited to ISO/IEC 17025 or 17020. Manufacturers can determine whether the fire separation should be continuous from the floor, through the attic space, to the roof sheathing or decking or if it is more appropriate to envelop the structure's garage side. HUD modified the standard to incorporate the public comment where those changes have not Start Printed Page 2507significantly altered the intent as proposed. L. 106-569, approved December 27, 2000) which established the Manufactured Housing Consensus Committee (MHCC), a consensus committee responsible for providing HUD recommendations to adopt, revise and interpret the Construction and Safety Standards. This repetition of headings to form internal navigation links This rule was determined to be a significant regulatory action as defined in section 3(f) of the Executive order (although not an economically significant regulatory action, as provided under section 3(f)(1) of the Executive order). In response, HUD found that the standards promulgated in this Final Rule are within the scope and authority provided by the Manufactured Home Construction and Safety Standards Act of 1974, as amended by the Manufactured Housing Improvement Act of 2000. It shall be etched on 0.32 in. In accordance with the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number. HUD Response: Generally, HUD agreed with most comments and made changes to the standards for stairways including revisions to riser height and tread depth (3280.114(a)(2), clarification of interior and exterior consideration (3280.114(a) and 3280.114(b)), provisions for landings (3280.114(b)), and handrails (3280.114(c)). Brakes on the towing vehicle and the manufactured home (a drive-away/tow-away) must be capable of ensuring that the maximum stopping distance from an initial speed of 20 miles per hour does not exceed 35 feet in accordance with 49 CFR 393.52(d) for 2 or fewer vehicles in drive away or tow away operation. HUD revised 3280.5 by revising paragraph (d), pursuant to public comments, to streamline data entry. While every effort has been made to ensure that While this change may require revisions to manufacturers' installation instructions, the system of design approvals will ensure the instructions conform to the revised requirements by the rule's effective date. The opening between adjacent treads is not limited on stairs with a total rise of 30 inches or less. HUD also added proposals that complement the MHCC's recommendations. 27. This recommended change is anticipated to be addressed in a future rulemaking. Manufactured (Mobile) Homes - HUD.gov As the MHCC proceeded, proposed revisions to the Construction and Safety Standards were divided into sets. Two commenters suggested HUD delete paragraph (e)(2) entirely, since exterior stairs are not constructed within the building facility and more appropriately fit under the HUD Code's Model Manufactured Home Installation Standards. Wheels and rims must be sized in accordance with the tire manufacturer's recommendations as suitable for use with the tires selected. 3. One commenter stated HUD should utilize Interpretive Bulletin J-1-76. What are the HUD-code requirements for mobile home ventilation? HUD Code For Manufactured Homes Even before we focus on the HUD code for manufactured homes, let's remind ourselves about the history, so we can better understand the present. HUD Response: HUD is currently implementing Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents,[5] Add-on or accessory buildings or structures are not built on a permanent chassis. Through incorporation into the Construction and Safety Standards, HUD relieves local officials from conducting additional inspections and potential re-work post installation to comply with local requirements. (b) The design must specify the following home and garage characteristics including maximum width, maximum sidewall height, maximum roof slope, live and dead loads, and other design limitations or restrictions using loads provided by this Code. Manufactured homes can be easily relocated, typically cost less than . The continuous handrail required by paragraph (c)(3) of this section must be located on the side where the tread is narrower. However, the standards and regulations established through this rulemaking do apply to the design and construction of the manufactured home, when the home is designed to have an attached accessory structure, such as the garage, carport, or similar add-on. (1) With the exception of attached accessory buildings or structures, add-ons must be structurally independent and any attachment between the home and the add-on must be for weatherproofing or cosmetic purposes only. In 3280.608, revise paragraph (b) to read as follows: (b) Piping supports. generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. rendition of the daily Federal Register on FederalRegister.gov does not Rather, authority to regulate these structures rests with state and local authorities and their building code requirements and inspection protocols. Some commenters agreed, however, that certain modifications to the Data Plate definition should be made: The Data Plate indicates whether the home is designed to accommodate an add on, accessory building, and the like, and the Data Plate and other documentation should document the weight, size, and other limits the manufactured home can support. Of the 222 firms included under this NAICS definition, approximately 35 produce manufactured homes subject to HUD's Manufactured Housing Construction and Safety Standards. (d) Guards. (a) When a manufactured home is designed for factory construction with an attached carport or is designed for construction of an attached site-built carport, the manufacturer must design the manufactured home to accommodate all appropriate live and dead loads from the attached carport structure that will be transferred through the manufactured home Start Printed Page 2520structure to the home's support and anchoring systems. Commenters also recommended that HUD develop and implement a streamlined process for Standards updates going forward, so revisions are introduced on a more consistent timeline. (iii) Approved instructions are provided to assure connection of the vent and combustion air systems in accordance with 3280.710(b), and to provide for the manufacturer's inspection of the systems for compliance. (i) Inflation pressure. Given that the weight of a home can easily exceed 25,000 poundswith some 16-foot-wide, full-length models approaching 40,000 poundshome transportation is more closely related to the movement of heavy equipment, such as excavators and dump trucks. What is minimum requirement for the insulation of a mobile/manufactured Such testing procedures must be part of the manufacturer's approved design. This handbook is a guide for those approving HUD-code manufactured homes on permanent foundations, including engineers, manufacturers, and site owners seeking approval. Two commenters suggested revising paragraph (c) by replacing the mating wall of each with the fire separation wall between each. Mating walls between two or more sections of a multi-section home are not the same as firewalls separating two or more attached, single-family manufactured homes. 15 U.S.C. The "National Manufactured Housing Construction and Safety Standards Act of 1974" became federal law on June 15, 1976, and provided the framework of what we now know as the HUD Code, a national building code for manufactured/mobile homes. The added term is consistent with the same use in other definitions and is intended to reflect the structure to which the coupling mechanism is mounted. Several commenters supported adding two-family, or two- and three-family, dwelling units to Subpart K. These commenters supported duplexes and triplexes as more practical and affordable solutions in urban and suburban applications because of, for example, zoning restrictions. Visual verification is an acceptable electrical polarity check. Provides for a referenced standard to conduct polarity checks as an option to visual polarity checks. Several commenters also urged HUD to move forward with publishing the next set of proposed updates to address outstanding items. If the exhaust duct system is subject to damage during transportation, or a field connection between transportable sections is required, complete factory installation Start Printed Page 2523of the exhaust duct system is not required when the following apply: 28. (2) Handrail height. The authority citation for part 3280 continues to read as follows: Authority: (1) A direct vent space heating appliance is permitted to be shipped loose for on-site installation in a basement provided the following: (i) The heating appliance is listed for the installation. - Washington State Government, http://www.lni.wa.gov/TradesLicensing/FAS/Mobile/ (2014) establishing the XML-based Federal Register as an ACFR-sanctioned 6. It is the IPIA's responsibility to ensure the effectiveness of the quality assurance manuals. HUD Laws And Mobile Homes | US Mobile Home Pros This rule will not impose any Federal mandates on any state, local, or tribal government or the private sector within the meaning of the Unfunded Mandates Reform Act of 1995. According to the commenter, to ensure that the end buyer or resident of the home has a home that has been safely manufactured, transported, and installed, it is vital that all installation documentation is shipped with and remains with the home. (4) Running gear assembly(i) Design criteria. Should the commenter wish to pursue requirements for carbon monoxide alarms in all homes, the commenter is encouraged to submit the proposed change to the MHCC for review and deliberation by the Committee. The difference between a mobile and manufactured home is the date the home was built. provisions for reinforcement of the structure and/or chassis at the opening. edition of the Federal Register. Provides an option to ventilation requirements established at 3280.103(b) and (c). and this comment is not applicable to any aspect addressed in this rulemaking. Comments: Preemption and Opportunity Zones. HUD Response: HUD disagreed with the comments. HUD also noted that the aspects of installation would still be subject to state and local authority, as is the same for all other manufactured home installations, provided manufacturer installation instructions and state and local requirements at a minimum comply with HUD's Model Manufactured Home Installation Standards. Manufactured Housing Consensus Committee, MHCC Proposed Change Form, http://mhcc.homeinnovation.com/. The commenter(s) should submit proposed regulatory text through the MHCC process at http://mhcc.homeinnovation.com/ so that the matter is reviewed by the MHCC.[4]. The states referenced by the commenter were: IL, IN, KY, ME, MD, MA, MT, NJ, ND, OH, OR, PA, WI and WY. HUD also modified the standard to incorporate the public comment where those changes have not significantly altered the intent as proposed. The commenters explained that wiring ceiling-mounted and wall-mounted light fixtures to one switch has been standard practice for decades. The following criteria must be adhered to: (d) Optional ventilation provisions. Allows for a manufacturer to design and construct attached housing that is otherwise only permitted through an AC review and approval. These instructions are reviewed and approved by HUD-approved Design Approval Primary Inspection Agencies (DAPIA) and manufacturers are required to provide the instructions with each manufactured home. Some commenters stated that the several of the provisions proposed would increase manufactured home installers' liability and responsibility if the proposed rule is advanced without significant change. Manufactured Housing: Quality and Affordability Decide on a manufactured home Would you be allowed to move a manufactured home to another location? The additional loads are in accordance with the design load(s) identified on this Data Plate; or This manufactured home IS NOT designed to accommodate the additional loads imposed by the attachment of an attached accessory building or structure in accordance with the manufacturer installation instructions. The appropriate designation may be made while still setting forth information that may be used by state and local authorities that have enforcement authority for site-built structures that are not integral to the manufactured home produced and shipped by the manufactured home manufacturer. Remove below and add in the table to this paragraph (b) in its place; and. All horizontal gas piping must be adequately supported by galvanized or equivalently protected metal straps or hangers at intervals of not more than 4 feet, except where adequate support and protection is provided by structural members. Accordingly, for the reasons described in the preamble, HUD amends 24 CFR parts 3280, 3282, and 3285 to read as follows: 1. the Federal Register. (5) Required resistance of handrails. The manufactured home and its transportation system (as defined in 3280.902(f)) must withstand the effects of highway movement such that the home is capable of being transported safely and installed as a habitable structure. The manufacturer should not be expected to know this information without knowing exactly where a manufactured home would be sited and how it would be installed; and confirming that a site-built, self-supported carport is considered an add-on and clarifying that add-ons do not affect a manufactured home's ability to comply with the Construction and Safety Standards. These tools are designed to help you understand the official document Some commenters supported incorporating carbon monoxide requirements into the Standards to protect consumer health and safety. Further, upon placing a label certification on each transportable section of a manufactured home, the manufacturer self certifies its compliance with the Construction and Safety Standards. The changes effected by this rule are generally consistent with other residential codes enforced nationwide. HUD's standards are consistent with state and local standards for residential construction. The commenter stated that to remove during its intended life is unacceptable. (1) Parapets constructed in accordance with paragraph (d)(2) of this section must be provided for attached manufactured homes as an extension of fire separation walls in accordance with the following: (i) Where roof surfaces adjacent to the fire separation walls are at the same elevation, the parapet must extend not less than 30 inches above the roof surfaces. Register, and does not replace the official print version or the official The Finding of No Significant Impact is available for public inspection between the hours of 8 a.m. and 5 p.m. weekdays in the Regulations Division, Office of General Counsel, Room 10276, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410-0500. Further, the Data Plate provides information that may be used by state and local authorities that have enforcement authority for site-built structures that are not integral to the manufactured home produced and shipped by the manufactured home manufacturer.
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