Rule2024-20545
Manufactured Home Construction and Safety Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 16, 2024
Effective
March 17, 2025
Issuing agencies
Housing and Urban Development Department
Abstract
This final rule amends the Federal Manufactured Home Construction and Safety Standards (MHCSS or the Construction and Safety Standards) by adopting most of the fourth and fifth groups of recommendations made to HUD by the Manufactured Housing Consensus Committee (MHCC). This rule also amends the Manufactured Home Procedural and Enforcement Regulations, the Model Manufactured Home Installation Standards, and the Manufactured Home Installation Program regulations. The MHCC prepared and submitted to HUD its fourth and fifth groups of recommendations to improve various aspects of the MHCSS. HUD reviewed those proposals and drafted a number of proposed revisions to the MHCSS and associated regulations. On July 19, 2022, HUD published a proposed rule detailing these revisions to provide the public an opportunity to comment. The comment period closed on September 19, 2022. This final rule adopts HUD's proposed revisions based upon the MHCC's fourth and fifth groups of recommendations with some minor revisions made in response to the public comments.
Full Text
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[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Rules and Regulations]
[Pages 75704-75759]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20545]
[[Page 75703]]
Vol. 89
Monday,
No. 179
September 16, 2024
Part III
Department of Housing and Urban Development
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24 CFR Parts 3280, 3282, 3285, et al.
Manufactured Home Construction and Safety Standards; Final Rule
Federal Register / Vol. 89 , No. 179 / Monday, September 16, 2024 /
Rules and Regulations
[[Page 75704]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 3280, 3282, 3285, and 3286
[Docket No. FR-6233-F-02]
RIN 2502-AJ58
Manufactured Home Construction and Safety Standards
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, Department of Housing and Urban Development (HUD).
ACTION: Final rule.
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SUMMARY: This final rule amends the Federal Manufactured Home
Construction and Safety Standards (MHCSS or the Construction and Safety
Standards) by adopting most of the fourth and fifth groups of
recommendations made to HUD by the Manufactured Housing Consensus
Committee (MHCC). This rule also amends the Manufactured Home
Procedural and Enforcement Regulations, the Model Manufactured Home
Installation Standards, and the Manufactured Home Installation Program
regulations. The MHCC prepared and submitted to HUD its fourth and
fifth groups of recommendations to improve various aspects of the
MHCSS. HUD reviewed those proposals and drafted a number of proposed
revisions to the MHCSS and associated regulations. On July 19, 2022,
HUD published a proposed rule detailing these revisions to provide the
public an opportunity to comment. The comment period closed on
September 19, 2022. This final rule adopts HUD's proposed revisions
based upon the MHCC's fourth and fifth groups of recommendations with
some minor revisions made in response to the public comments.
DATES: Effective: March 17, 2025. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register beginning March 17, 2025. The incorporation by
reference of certain other publications listed in the rule was approved
by the Director of the Federal Register as of July 3, 2014.
FOR FURTHER INFORMATION CONTACT: Teresa B. Payne, Administrator, Office
of Manufactured Housing Programs, Office of Housing, Department of
Housing and Urban Development, 451 7th Street SW, Washington, DC 20410;
telephone 202-402-5365 (this is not a toll-free number). HUD welcomes
and is prepared to receive calls from individuals who are deaf or hard
of hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit: <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
On August 22, 1974, the President signed the Housing and Community
Development Act of 1974 (Pub. L. 93-383, 88 Stat. 633-2), which
contained the National Mobile Home Construction and Safety Standards
Act of 1974 (Pub. L. 93-383, 88 Stat. 700; tit. VI; 42 U.S.C. 5401 et
seq.) (the Act). The Act, which was later renamed the National
Manufactured Home Construction and Safety Standards Act of 1974,
authorizes HUD to establish and amend the Manufactured Home
Construction and Safety Standards (MHCSS) codified in title 24 of the
Code of Federal Regulations (CFR), part 3280. The Act was amended by
the Manufactured Housing Improvement Act of 2000 (Pub. L. 106-569,
December 27, 2000), which expanded the Act and created the MHCC, a
consensus committee responsible for providing HUD recommendations to
adopt, revise, and interpret the MHCSS.\1\ The MHCSS only applies to
the design, construction, and installation of new manufactured homes.
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\1\ The MHCC is composed of twenty-one voting members as
provided under section 604(a)(3)(B) of the Manufactured Housing
Improvement Act of 2000. The twenty-one members are comprised of
seven producers or retailers of manufactured housing, seven persons
representing consumer interests, and seven general interest or
public officials, which rotate. The current group of seven producers
or retailers of manufactured homes can be broken down into two small
businesses that manufacture homes, four large businesses that
manufacture homes, and one retailer.
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The MHCC held its first meeting in August 2002. The MHCC began
considering revisions to the MHCSS afterwards. The MHCC developed its
own priorities for preparing proposed revisions for HUD to consider. As
the MHCC's efforts proceeded, proposed revisions to the MHCSS were
divided into groups of recommendations and provided to HUD in sets.
This rule is based on the fourth and fifth sets of MHCC
recommendations to HUD. HUD reviewed the recommendations submitted by
the MHCC and made editorial revisions and additions prior to publishing
the proposed changes in the Federal Register on July 19, 2022 (87 FR
43114). HUD received 49 comments on the proposed rule and made further
revisions in response to the public comments. The following is a
discussion of the specific revisions to the MHCSS that were included in
the proposed rule and are enacted by this final rule.
II. Changes Made at the Final Rule Stage
In response to public comments and in further consideration of
issues addressed at the proposed rule stage, this final rule adopts the
proposed rule, published at 87 FR 43114 (July 19, 2022), with the
revisions discussed in detail below.
A. Clarification of Fire Sprinkler Requirements for Manufactured Homes
HUD received numerous public comments on the proposed sprinkler
standard. The comments addressed topics including whether HUD has
statutory authority to impose any fire sprinkler standard, whether the
voluntary sprinkler standard would be the first step to HUD imposing a
mandatory standard, and whether the HUD regulations would be
duplicative of existing local or State regulations. While HUD discusses
these comments and its legal authority in greater detail in the public
comment section of this preamble, the comments demonstrate that
clarification on certain topics would be beneficial. With respect to
the fire sprinkler standard itself, the Secretary has not received a
recommendation from the MHCC on the imposition of a mandatory fire
sprinkler standard and cannot consider or act until that time. In
addition, HUD defers to consumer choices, as well as State and local
jurisdictions that have the appropriate expertise, to determine the
necessity for installing fire sprinkler systems provided the
requirements apply to all single family homes, including manufactured
homes.
The comments also raised a question of whether the proposed
language of Sec. 3280.214 is sufficiently clear for parties with
equity in the rule to understand the requirements related to
installation of a fire sprinkler system. One commenter suggested a
revision to the language by adding ``when a manufacturer installs a
fire sprinkler system as an optional feature or to meet state or local
laws and regulations'' after the phrase ``Fire sprinkler systems are
not required by this subpart; however,'' in Sec. 3280.214(a)(1). HUD
accepted this language and added ``as selected by the consumer'' after
``optional feature'' because it provides necessary clarity on
commenters' concerns about their obligations under the final rule and
was adopted by HUD.
HUD made minor changes in the final rule to clarify and streamline
the
[[Page 75705]]
language of Sec. 3280.214(e). In Sec. 3280.214(e)(1), HUD moved the
phrase ``separated from heat sources as required by the sprinkler
manufacturer's installation instructions'' from the end of the
paragraph and placed it after the first usage of ``sprinklers.'' This
placement clarifies that the standards apply when a fire sprinkler
system is selected by the consumer as an optional feature of the home
or when required to meet State or local law. In Sec. 3280.214(e)(2),
the phrase ``located within the distance to a heat source as specified
in table 7.5.5.3 of NFPA 13D (incorporated by reference, see Sec.
3280.4)'' has been moved and placed immediately after the first usage
of ``sprinklers.'' This new language specifies that the optional
sprinklers must be located near the heat source in the described
manner.
B. Testing and Certification for Fire Sprinkler Systems
HUD proposed language that initially placed the responsibility of
testing and certifying the water supply pressure available for fire
sprinklers, if installed as a voluntarily add-on feature, on the
installers of manufactured homes. HUD received several comments stating
that installers of manufactured homes do not have control over the
design and production process and they may lack relevant expertise to
meet this obligation. The commenters offered three remedies: (1) HUD
could set requirements for factory production to place the obligations
on manufacturers; (2) the water supply pressure testing and
certification could be completed by a fire protection technician during
the installation of the home; or (3) HUD could withdraw the rule.
HUD has revised Sec. 3280.214(q), (r), and (t) to require that
this water supply pressure testing and certification be completed by a
fire protection technician during the installation of the home upon
consideration of the commenter's suggestions. HUD selected this option
because it addresses the concerns raised by the commenters and fire
protection technicians have the most relevant and specialized
experience needed for testing and certifying the adequacy of water
supply pressure for fire sprinkler systems compared to manufactured
home installers.
C. Exterior Door Requirements
HUD proposed removing language from Sec. 3280.105 providing that
``[d]oor seals are permitted to reduce the opening, either vertically
or horizontally, a maximum of one inch'' in the proposed rule. HUD
received two comments explaining that door seals on exterior doors were
important because they prevent the infiltration of sound, light,
drafts, or moisture, among other things, in manufactured homes. The
commenters noted that manufacturers would no longer be allowed to
account for the reduction that door seals may have on door size and
opening measurements because the reference had been removed, which
would impact the required sizes of exterior doors. These concerns led
the commenters to recommend that the final rule add back the allowance
for door seals to Sec. 3280.105(b)(2). The explanations on the
necessity of the door seals are compelling and HUD adopts the
recommendation, with the exception for at least one exterior door to
meet full measured opening requirements for egress and safety purposes.
Commenters also encouraged HUD to consider the related issue of
whether the phrase ``doorstops'' should be included in the current text
of Sec. 3280.105(b)(2). Doorstops, similar to door seals, can narrow
the opening of exterior doors in some situations. Commenters noted that
narrower door openings can interfere with the ability of first
responders to transport emergency items such as standard width gurneys
through exterior doors and into the home. To address commenters'
concerns about the width of exterior doors, HUD will add the phrase
``and-/or doorstops'' after the term ``[d]oor seals'' in the final
sentence of Sec. 3280.105(b)(2). The language of the revised phrase is
``Door seals and/or door stops are permitted to reduce the opening,
either vertically or horizontally, by a maximum of one inch.'' This
language resolves commenters' concerns and promotes safety in
manufactured homes.
D. Definition of Room
HUD received a public comment noting that manufactured homes can
burn more quickly than other types of homes because of their open floor
plans. HUD has considered how to address the commenter's concerns and
added a definition of ``room'' to Sec. 3280.105(a)(2)(i). This
language clarifies that compliance with the exterior door placement
requirements must account for situations like open floor plans where a
floor plan may be unclear about the placement of exterior doors in the
home. This amendment requires homes with open floor plans to have the
required exterior doors in separate rooms.
E. Loose Fill Materials
The proposed change to Sec. 3280.215 provides that membrane
penetrations of fire-resistant-rated walls or ceilings must not lead to
reductions of fire-resistance-ratings and that the annular spaces
between membrane penetrations and steel electrical boxes must use
``cellulose loose-fill or other loose-fill insulation.'' A commenter
noted that the proposed language could lead manufacturers to understand
the rule as requiring or being limited only to cellulose-only
insulation even though manufactured homes often use different materials
for loose-fill insulation apart from cellulose. HUD considered the
concerns and revised Sec. 3280.215(d)(2)(i)(B) to state ``where the
wall cavity is filled with loose-fill insulation.'' This language was
provided by the commenter to resolve their concern and clarifies the
requirements of the rule.
F. Provision of Operating Instructions
HUD proposed removing the language of Sec. 3280.709(a) requiring
that manufacturers leave appliance manufacturer instructions attached
to the appliances because HUD had examined the regulatory text and
concluded that the language caused confusion when read alongside Sec.
3280.711, which currently states that ``[o]perating instructions must
be provided with each appliance. The operating and installation
instructions for each appliance must be provided with the homeowner's
manual.'' In addition, HUD proposed to revise Sec. 3280.711 to allow
for the requirements for operating instructions to be met through the
provision of permanent Quick Response (QR) codes that would streamline
documentation for manufacturers.
HUD received a comment expressing concern that the proposed
revision of Sec. 3280.709(a) would conflict with fuel gas installation
code requirements and safety standards by allowing the provision of a
single set of instructions. HUD has revised the language of the final
rule to clarify that Sec. 3280.711 still requires that one copy of the
operating instructions for each appliance be provided with the
homeowners' manual and a second copy shall be provided with the
appliance unless the appliance has a QR code. Under the rule, a QR code
can only replace the copy of the operating instructions that comes with
the appliance itself. It may not replace the copy that must be provided
with the homeowners' manual.
G. ASCE/SEI 7-05 Standard
HUD proposed updating ASCE 7-88 to ASCE 7-05, which would require
amending the wind speed references used to design manufactured homes in
[[Page 75706]]
Wind Zones II and III from ``fastest mile'' to ``three-second gust''
parameters. HUD supported the proposed wind speed references by
completing a general comparison of ASCE 7-88 and ASCE 7-05, followed by
an in-depth analysis to determine comparable and equivalent wind speeds
for Wind Zones II and III that align with the ``three-second gust''
wind speed methodology and terminology employed in ASCE 7-05, instead
of the ``fastest mile'' approach utilized in ASCE 7-88. HUD performed
two different methods of analysis to determine revised windspeeds. The
first analysis reviewed the HUD wind speed/zone map with the wind speed
map in ASCE 7-05, to verify that a manufactured home would be subject
to comparable wind speeds if designed using ASCE 7-05. The second used
the prescriptive wind pressures shown in the Table of Design Wind
Pressures under Sec. 3280.305 as a baseline to perform a series of
iterative calculations to determine wind speeds that would produce
similar wind pressures for Wind Zones II and III.
HUD received numerous comments on the potential impact of
implementing ASCE 7-05 as the appropriate standard, which HUD fully
discusses in the public comment section. These concerns ranged from the
ASCE 7-05 imposing more onerous requirements than the current
standards, the ASCE 7-05 examining non-existent or obsolete wind
speeds, the costs of compliance with the ASCE 7-05, and the lack of
consideration of high wind prone regions in the Exposure D definition.
These concerns led HUD to return this recommendation to the MHCC for
reconsideration in light of the identified issues. Updating the ASCE
reference standard is not appropriate without updating several sections
in the MHCSS, including the values in the Table of Design Wind
Pressures in Sec. 3280.305(c)(1)(ii)(B), the Wind Speed Map and
geographic boundaries identified in Sec. 3280.305(c)(2) and (4), and
references to Exposure D, which require further analysis and
consideration by the MHCC before HUD can update the ASCE 7 reference
standard. These concerns have led HUD to return this recommendation to
the MHCC for reconsideration in light of the identified issues.
H. Number of Dwelling Units
HUD proposed amending the definition of dwelling in Sec. 3280.2 to
include ``any structure that contains one to a maximum of three
dwelling units, designed to be permanently occupied for residential
living purposes.'' HUD sought public comment on this provision,
specifically requesting feedback on the benefits and challenges if a
four-unit maximum were considered and how any conflict with differing
State maximums would be handled. HUD received numerous comments, which
are discussed in detail in the comment section, but consideration of
the comments led HUD to increase the limit to four units for the
definition of multi-dwelling unit manufactured homes in Sec. 3280.2 as
requested by the commenters.
I. Required Branch Circuits
HUD made several revisions to Sec. 3280.805(a)(1) in the final
rule. HUD added the phrase ``each story of'' to the final rule language
to accommodate dwelling units that may have more than one story. HUD
moved the phrase ``number of 15 or 20 ampere lighting circuits'' from
the end of Sec. 3280.805(a)(1) to the beginning of the sentence to
clarify the method of calculation. HUD also provided an illustrative
example to demonstrate how the formula would be used to calculate the
number of lighting circuits, but notes this example does not change the
underlying method of calculation provided in the proposed rule.
J. Multi-Dwelling Unit Home Addition To Reporting Requirements
When reviewing instances where regulatory text had to be updated to
incorporate the change to the number of dwelling units from three to
four, HUD identified Sec. 3282.552 as an instance where additional
clarity would be beneficial. Specifically, the second sentence of Sec.
3282.552 was amended to require that the relevant manufacturer report
include the number of dwelling units. This information is collected at
this stage because the manufacturers are in the best situation to
collect and report this information.
K. Change to Gas Piping Requirements
As explained earlier, HUD amended the definition of dwelling to
include any structure that contains one to a maximum of four dwelling
units. This change required HUD to review the remainder of its
regulations to ensure the requirements were clear and uniform. Upon
review, HUD revised Sec. 3280.705(l)(3) by replacing the phrase
``manufactured home structure, upstream of the union'' with ``dwelling
unit structure.'' HUD enacted this change to accommodate and reconcile
this language with the provisions of multi-dwelling unit manufactured
homes.
L. New Fire Resistance Rating Language
HUD proposed that each dwelling unit be separated by wall and floor
assemblies having not less than a 1-hour fire resistance except in
certain circumstances listed in Sec. 3280.215(a). HUD further proposed
that the fire-resistance-rated floor/ceiling and wall assemblies must
extend in certain manner unless an exception listed under Sec.
3280.215(b) was applicable. Public commenters noted that the proposed
rule mirrored portions of the 2021 International Residential Code (IRC)
R302.3 but was missing the exception for homes with installed fire
sprinklers. A commenter recommended HUD incorporate the 2021 IRC R302.3
exception 1 into Sec. 3280.215(b)(3).
After reviewing the relevant materials, HUD accepts the commenter's
suggestion and incorporates the recommended language. HUD accepted the
proposal because it promotes uniformity between the MHCSS and 2021 IRC
R302.3. It also provides an avenue for potential cost reduction where
automatic fire sprinklers are installed in each dwelling unit. The
exception, found at Sec. 3280.215(b)(3), provides an allowance for
multi-dwelling unit manufactured homes equipped with automatic fire
sprinklers in each dwelling unit to reduce a fire resistance rating of
walls and floors from a 1 hour fire resistance rating to a \1/2\ hour
fire resistance rating.
M. AAMA/WDMA/CSA 101/I.S.2/A440-17
HUD proposed amending the testing standards in Sec. Sec. 3280.403,
3280.404, and 3280.405. Specifically, HUD proposed revising the AAMA
1701.2 from the 1995 version to the 2012 version, the ANSI Z97.1 from
the 2004 version to the 2009 version, the AAMA 1702.2 from the 1995
version to the 2012 version, and the AAMA/WDMA/CSA 101/I.S.2/A440-08
North American Fenestration Standard (NAFS) to the AAMA/WDMA/CSA 101/
I.S.2/A440-17. HUD further proposed using the AAMA/WDMA/CSA 101/I.S.2/
A440-17 as an alternative compliance method for the sections of the
MHCSS that govern windows, sliding glass doors, skylights, egress
windows, and swinging exterior passage doors.
HUD received numerous comments about the proposed amendment to
adopt the 2017 version of AAMA/WDMA/CSA 101/I.S.2/A440 at Sec.
3280.4(s)(6). The comments stated that HUD adopting the AAMA/WDMA/CSA
101/I.S.2/A440-17 would make certification of compliance more difficult
and would increase costs to consumers without providing value
[[Page 75707]]
in exchange. They recommended that AAMA/WDMA/CSA 101/I.S.2/A440-08 or
AAMA/WDMA/CSA 101/I.S.2/A440-11 be adopted rather than the proposed
change.
After reviewing the comments and the MHCC's recommendations, HUD
has decided to reject the commenters' recommendations. In March 2016
(Log 140), the MHCC recommended that HUD adopt the 2011 version. In
December 2017 (Log 201), the MHCC recommended that HUD adopt the 2017
version of the AAMA/WDMA/CSA 101/I.S.2/A440. The MHCC explained that
the AAMA/WDMA/CSA 101/I.S.2/A440-08 reference standard was
significantly outdated and should be updated to the 2017 version. This
recommendation, when considered alongside the absence of major
differences between the 2011 and 2017 standards, has led HUD to
conclude the AAMA/WDMA/CSA 101/I.S.2/A440-17 standard would not make
certification more difficult or impose increased costs on consumers.
HUD incorporated the 2017 version of the AAMA/WDMA/CSA 101/I.S.2/A440
in this final rule to ensure manufactured homes are constructed using
more modern, relevant, and effective technologies and materials.
N. Change to Water Heater Language
HUD proposed amending Sec. 3280.709(a) and (g). HUD received
public comments suggesting that related language in Sec. 3280.709(h)
be amended to account for technology changes around water heaters.
Specifically, the commenters recommended that the requirement for drain
pans should be revised to facilitate the use of tankless water heaters.
The technological advances described by the commenters, as well as the
fact that manufactured homes often do not have a storage-type water
heater, have led HUD to conclude that amending Sec. 3280.709(h) is
appropriate. HUD has wholly accepted the proposed language provided by
the commenters, which adds the phrase ``storage tank'' to the current
language of Sec. 3280.709(h).
O. Use of Treated Wood in Exterior Applications Only
HUD proposed revising Sec. 3280.304(a) to state that ``[d]imension
and board lumber must not exceed 19 percent moisture content at the
time of installation, except that treated lumber used for exterior
purposes only may have a moisture content exceeding 19 percent.'' In
the public comment stage, a commenter explained that the proposed
language could be improved by adding the phrase ``and does not extend
into the main home construction'' after the word ``only'' in Sec.
3280.304(a). HUD accepted this recommendation in the final rule without
change because the language allows flexibility with respect to porch
designs with treated lumber that extend into the main roof cavity and
does not undermine the remainder of the language when engaging in this
change. The added language prevents the use of treated lumber in areas
that are not exposed to the elements addressing durability concerns and
consistent with the intended use of the treated lumber in exterior
areas only.
P. Non-Update of UL 1995-11 Standard
HUD is not updating the UL 1995 standard in the final rule because
the standard was withdrawn and replaced by UL 60335-2-40 on January 1,
2024. UL 60335-2-40 has been incorporated into the final rule in
Sec. Sec. 3280.4 and 3280.703. As a result, UL 1995 has been removed
from this rule and the regulations because the standard is no longer
relevant.
Q. Changes To Ensure Uniformity in Regulatory Text
HUD made several non-substantive cross-cutting changes to the
regulatory text to ensure the language of the final rule was uniform
and not confusing. In Sec. 3280.103(c)(3), HUD changed the phrase
``mechanical ventilation'' to ``a local exhaust system'' to ensure
consistency between paragraphs (c)(2) and (3). HUD changed Sec.
3280.214(o)(3) by revising the single mention of ``Allowable Pressure''
to ``Available Pressure,'' which promotes consistency between
paragraphs (o)(2) and (3). These changes do not change the substance of
the regulations, instead merely clarifying certain language.
R. Restructuring of IBR Standards
The final rule restructures a portion of the incorporation by
reference (IBR) section by relisting fifteen standards from their ANSI
identifier to their CSA Group identifier. Although the standards are
now listed under the CSA Group's header in 24 CFR 3280.4(r),
manufacturers must still comply with the listed ANSI-specific standard
that is jointly accredited with the CSA Group standard. Next to each
CSA Group listing is the relevant ANSI standard to which compliance is
required.
S. Six Month Implementation Window
A number of commenters requested that HUD extend the deadline for
enforcement because the rule updates 74 standards, implements 16 new
standards, and has several regulatory text changes. Commenters provided
various solutions from a year extension to bifurcated effective and
enforcement dates. HUD has established a six-month delayed effective
date for the rule consistent with section 604(c) of the Housing and
Community Development Act of 1974 (Pub. L. 93-383, 88 Stat. 701, tit.
VI, sec. 601-628; 42 U.S.C. 5401 et seq.), which is sufficient time to
allow manufacturers to comply with the changes and new standards in the
final rule. HUD does not want to further delay implementation as these
updates are overdue in many cases and should reap cost-saving benefits
to manufacturers and consumers. HUD declines to implement a bifurcated
effective versus enforcement date timeline because bifurcation could
lead to confusion about deadlines and difficulties with enforcement.
T. Severability
It is HUD's intention that the provisions of the proposed rule
operate independently of each other. This intention is demonstrated by
the structure of this rule, which is comprised of numerous distinct and
discrete changes to standards that function independently of each
other. As one example, the changes to insulation, room dimensions,
exterior doors, and fire safety ratings are independent from one
another and can be independently enacted if any one or more of the
aforementioned changes are invalidated. In the event that any provision
of this rule is declared invalid or stayed, it is HUD's intent that
those provisions be severable and that those unaffected remain valid.
Additionally, it is HUD's intention that any provision(s) of the rule
not affected by a declaration of invalidity or stayed shall be
severable and remain valid. HUD concludes it would separately adopt all
of the provisions contained in this rule through separate rulemaking if
provisions were declared invalid or stayed.
III. Public Comment Summary
The public comment period for this notice closed on September 19,
2022, and HUD received 49 comments. Several comments were identical in
substance and two commenters submitted duplicative comments. The
comments came from non-profits, independent consultants, private
citizens, State and city housing administrations, national trade
associations, and product certification organizations.
[[Page 75708]]
General Support
Numerous commenters supported updates to the standards, noting that
such efforts enable the industry to use the latest innovations to
provide high-quality, affordable manufactured homes. Many commenters
specifically supported the changes related to accessible shower
compartments and tankless water heaters. Other commenters applauded the
express authorization of multi-dwelling unit manufactured homes.
Commenters supported the revised exterior door requirements to
facilitate open floor plans, moisture barriers, and higher moisture
content of treated lumber in exterior additions.
One commenter expressed support for revising Sec. 3280.403 to add
the ISO/IEC 17065:2012 accrediting requirement for product
certification of fenestration products and the requirement that windows
and doors display their certification from an independent ISO/IEC
17065:2012 accredited product certification. Another commenter
expressed support for the changes related to steeper roof pitch
designs.
HUD Response: HUD thanks the public commenters for their support of
these provisions. HUD agrees that by incorporating by reference updated
construction standards, the rule will encourage the industry's use of
the latest innovations and continue to support the construction of
high-quality, affordable, manufactured homes.
Obligations Placed on Installers of Manufactured Homes
One commenter expressed concern about obligations the proposed rule
would place on installers of manufactured homes. The commenter
recommended that HUD set these requirements as part of factory
production procedures, rather than installation procedures, because the
rule places more obligations on manufacturers. The commenter offered
this recommendation because manufacturers have more relevant expertise
and greater control over the design and production process, as well as
installers' inability to do a comprehensive evaluation of the
construction.
Other commenters raised similar concerns related to the fire
sprinkler system standards. These commenters noted that the
installation and testing of fire sprinkler systems are typically done
by licensed professionals specializing in such systems, not
manufactured home installers. The commenters disagreed with HUD's
decision to place responsibility on manufactured home installers to
test and certify the sprinkler system on site to ensure availability of
adequate water supply. One commenter recommended that any proposed
regulations regarding the installation of the fire sprinkler system be
withdrawn from the rule, while the other commenter provided no
suggested remedy.
HUD Response: HUD appreciates these comments. The testing and
certification requirements imposed under Sec. 3280.214(q) serve to
verify that the minimum water supply pressure requirements needed to
properly operate the fire sprinkler systems are met after the home is
installed. Upon reconsideration, HUD has revised the final rule to
require that this water supply pressure testing and certification be
completed by a fire protection technician during the installation of
the home. HUD selected this option to address the concerns raised by
the commenters, as fire protection technicians will have the most
relevant and specialized experience needed for testing and certifying
the adequacy of water supply for fire sprinkler systems, compared to
manufactured home installers. However, nothing in this rulemaking
should be interpreted to change the requirement that home installation
is the responsibility of the installer and, as applicable, home
installations must meet HUD Model Manufactured Home Installation
Standards (24 CFR part 3285) at a minimum and may also be required to
satisfy State and local installation requirements with permits as may
be required consistent with Sec. 3286.409(c).
Fire sprinkler systems are not required by Sec. 3280.214, but when
a manufacturer incorporates a fire sprinkler system into the design and
construction of a manufactured home, as an optional feature selected by
the consumer, design approval agencies must review and approve plans to
ensure that the system meets the technical requirements established by
the MHCSS. In-plant inspection agencies must ensure that manufacturers
follow designs and quality assurance procedures that result in
compliance with the approved designs and to the standards when the
standard is specific. Manufacturers are responsible for providing
installation instructions for the fire sprinkler systems, including
specific instructions for the inspection and testing of the system
during or after the installation of the home. As the connection of the
home to utilities is a matter of installation and in accordance with
existing regulations at Sec. 3285.904(b), only qualified personnel
familiar with local requirements are permitted to make utility site
connections and conduct tests. Therefore, in this final rule, HUD is
only requiring that the installer ensure that the water supply to a
fire sprinkler system is verified by a fire protection technician to
meet the minimum requirements described on the Fire Sprinkler System
Certificate in the home (located next to the data plate).
Exterior Door Requirements
Several comments expressed concern that the entry and corridor
width requirements in the proposed rule would be insufficient to
facilitate entry by emergency medical services with a gurney stretcher.
The commenters recommended that HUD require manufactured homes to have
one 36-inch-wide entry door and 36-inch-wide corridors. They indicated
that such a requirement would better comport with the International
Building Code and the International Residential Code, as well as
California State requirements.
One commenter noted that a requirement in the proposed rule that
the doorway be 28 inches wide could leave a net clear opening width of
only 26 inches after accounting for door stops, hinges, and door
thickness. The commenter noted that this could be a problem because
ambulance gurneys are generally 24 inches wide.
HUD Response: HUD's proposed rule included a requirement, which
continues in this final rule, that one of the two exterior doors of a
manufactured home provide a minimum of 32 inch wide by 74 inch high
clear opening, which is an increase from the previously codified 28
inch wide requirement. Maintaining the minimum width of 32 inches for
one external door addresses the concerns regarding effective emergency
response raised by commenters by providing an increased width standard
that more easily accommodates the ingress and egress of a standard 24
inch wide gurney while balancing HUD's statutory requirement to
consider affordability when establishing Federal minimum standards for
manufactured housing. These considerations of cost can, as it does now,
result in requirements that may not follow other established building
codes.
Door Seal Requirements
Commenters noted that HUD proposed the removal of the reference to
door seals in Sec. 3280.105(b)(2). Commenters noted the importance of
door seals and that, because the reference had been removed,
manufacturers would no longer be
[[Page 75709]]
allowed to account for the reduction of the opening that door seals
make up. The commenters recommended that door seals be allowed to
encroach on opening space and the addition of following sentence:
``However, the door stops are permitted to reduce the opening, either
vertically or horizontally, by a maximum of one inch.''
HUD Response: HUD proposed removing the mention of door seals in
Sec. 3280.105(b)(2). Commenters provided feedback on the proposal,
explaining that door seals play a vital role in reducing the
infiltration of sound, light, drafts, and moisture in manufactured
homes. The final rule added language in Sec. 3280.105(b)(2) to specify
that at least one of the exterior egress doors of a manufactured home
must provide a minimum of 32 inch wide by 74 inch high clear opening.
However, this language allows manufactures to add door stops and door
seals to exterior egress doors as long as one exterior egress door does
not fall below the minimum of 32 inch wide by 74 inch high clear
opening.
HUD is making this change for two reasons. First, the MHCC
recommended that at least one egress door have a minimum 32-inch clear
width opening for the purpose of improving accessibility. Second, many
manufactured housing units subject to the MHCSS may be provided to
entities that administer programs or activities that receive Federal
financial assistance from HUD. When this is the case, those entities
would be subject to section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794), and HUD's implementing regulations at 24 CFR
part 8, including the requirements at 24 CFR 8.22 that address
accessibility in new construction. Similarly, if manufactured housing
units are provided to a State or local government for a program or
activity of a State or local government, the housing would be covered
by Title II of the Americans with Disabilities Act (42 U.S.C. 12131-
12134) and its implementing regulations at 28 CFR part 35, including
the requirements at 28 CFR 35.151(c)(3) that address accessibility in
new construction. To facilitate compliance by these entities with these
requirements, HUD is requiring that manufacturers produce manufactured
housing units that meet the accessibility standards provided in 24 CFR
part 8 and/or 28 CFR 35.151, as applicable. The Uniform Federal
Accessibility Standards (UFAS) (see 24 CFR 8.32) or the 2010 ADA
Standards for Accessible Design with the Deeming Notice, 79 FR 29671
(May 23, 2014), are currently used for compliance with section 504. The
2010 ADA Standards for Accessible Design are used for compliance with
the ADA. Both standards prohibit doorways below 32 inches clear width.
See UFAS 3.13.5 and 2010 ADA Standards 404.2.3. HUD notes that the
section 504 and ADA requirements are not applicable to any individual
or buyer that obtains Federal Housing Administration financing when
purchasing a manufactured housing unit, if the unit is not otherwise
covered by section 504 or the ADA.
Clarity on Fire Sprinkler Requirements
One commenter found Sec. 3280.214 of the proposed rule unclear
about the circumstances in which fire sprinklers are required and read
the proposed rule as omitting fire sprinkler requirements for what it
referred to as multi-family manufactured homes. The commenter urged HUD
to mandate fire sprinklers.
HUD Response: The final rule does not require the installation of
fire sprinkler systems in manufactured homes. Multi-dwelling unit
manufactured homes are single family structures and should not be
referred to as multifamily dwellings. The final rule only establishes
minimum requirements for the design and installation of a fire
sprinkler system if a manufacturer chooses to install one as an
optional feature selected by the consumer, or to meet State or local
mandates for fire sprinkler systems in new single family homes. These
minimum requirements are intended to create uniformity in manufactured
home construction. HUD has no present reason to consider a mandatory
fire sprinkler standard unless it is recommended by the MHCC to the
Secretary.
Necessity of Fire Sprinkler Standard
Several commenters raised concerns about the necessity of the fire
sprinkler standard in the proposed rule. These commenters stated that
the NFPA 13D is an adequate private-sector voluntary sprinkler standard
for manufactured homes and rejected the need for HUD standards. They
also raised several unique reasons for their disagreement with the
proposed rule.
One commenter stated that manufactured housing units have
additional fire protective features beyond what is provided in
industrialized or site-built housing. As examples, the commenter
referred to requirements related to limited combustible material around
the cooking range, which it noted was the number one source of home
fires, as well as the better flame-spread limitations in manufactured
homes, which reduce the need for fire sprinkler requirements. For
example, the compartments for the water heater and furnace must have a
flame-spread rating no greater than 25 and manufactured housing
requires two exterior doors. The commenter also noted that ceiling
finishes in manufactured homes must have a flame-spread rating equal to
or less than 75, as compared to 200 or less in conventional homes.
HUD Response: HUD appreciates these comments and agrees that fire
safety and prevention considerations are crucial in the design and
construction of manufactured homes. The existing fire safety standards
in the MHCSS have contributed significantly to manufactured homes being
safer and more fire-resistant than the mobile homes built prior to the
MHCSS. When examining this issue, HUD must also consider the balance
between safety and affordability when establishing Federal standards
and at this time defers to consumer choices to determine the necessity
for installing fire sprinkler systems in residential homes. HUD
believes that currently consumers have the right to choose fire
sprinklers for their protection of life and property, but also
recognizes the need to balance considerations of cost and effectiveness
when preserving affordability for manufactured housing consumers. The
final rule does not require fire sprinkler systems in manufactured
homes but establishes standards when a design incorporates them. The
standards under Sec. 3280.214 are based on the NFPA 13D for the design
and construction, and in-plant water pressure testing. The provisions
for testing the water supply at the site and any other installation-
related requirements for fire sprinkler systems are minimum
requirements that must be addressed in manufacturer installation
instructions. However, the installation will be inspected under
requirements of 24 CFR parts 3285 and 3286, and the water supply
sufficiency shall be certified by a fire protection technician. The
Manufactured Home Construction and Safety Standards, often referred to
as MHCSS, provides a minimum requirement that can support
manufacturers, promote uniformity in manufactured housing construction,
and preserve affordability, particularly when manufactured homes are
constructed for States or jurisdictions that require fire sprinkler
systems.
Authority To Impose a Fire Sprinkler Standard
One commenter questioned the necessity of the standard and whether
HUD exceeds the statutory authority for the proposed rule's standards
related to the installation of fire sprinkler systems.
[[Page 75710]]
The commenter cited the ``manufactured home safety'' definition and
stated HUD must determine, prior to the adoption of standards, there is
the existence of ``any unreasonable risk of death or injury to the
occupant(s) of a manufactured home.'' The commenter asserts that the
absence of fire sprinklers has never been determined to be an
unreasonable risk within the HUD fire safety standards. The commenter
explained that HUD could not now purport to view fire sprinkler
standards as necessary to ``protect against any unreasonable risk of
death or injury'' given that the proposed rule declines to mandate fire
sprinkler systems, but rather sets forth standards with which a
sprinkler system, if installed, must comply.
The commenter also stated that a National Fire Protection
Association (NFPA) report and associated update stated fire sprinklers
are not necessary to prevent against ``unreasonable risk of death or
injury'' and that manufactured homes built in compliance with HUD's
existing fire safety standards have lower incidence of fire and fire
injuries, comparable fire death rates, and better contained fires than
other comparable dwellings.
Given that fire sprinkler systems are not necessary to prevent
``unreasonable risk of death or injury,'' the commenter concluded,
specific standards for optional fire sprinkler systems cannot be
necessary either. It recommended that HUD remove the proposed standard
from the final rule.
HUD Response: HUD appreciates the commenter's thoughts and comment
but does not agree with its conclusion or analysis. Congress directed
HUD to develop and promulgate standards that reduce the number of
personal injuries and deaths in manufactured homes, as well as improve
the quality and durability of manufactured homes, by enacting the
highest standards of protection. These standards must also be
appropriate and reasonable, as explained by section 604(a)(1)(A)(i)
through (iii) of the Manufactured Housing Improvement Act of 2000.
Neither the assertion that this rule does not require the installation
of fire sprinkler systems in all manufactured homes or a report that
manufactured homes built in compliance with HUD's existing fire safety
standards have lower incidence of fire and fire injuries, comparable
fire death rates, and better contained fires than other comparable
dwellings, addresses the authority HUD has to establish standards in
accordance with the consensus standards development process. Based upon
MHCC recommendations, HUD has determined the fire sprinkler system
standards are essential for uniformity and enforcement, as well as
reasonable specifications that are consistent with approved home
designs for the installation of a manufactured home to ensure proper
siting and the joining of all sections of the home.
The Proposed Regulation Is Duplicative Because Existing Regulations
Preempt State and Local Requirements for Sprinkler Systems
One commenter claimed that the proposed fire sprinkler standard
recommendation by the MHCC was substantially based on the idea it was
necessary to ensure the preemption of State and local fire sprinkler
standards under 42 U.S.C. 5403(d). The commenter believed that State
and local standards were already preempted without the need for the
proposed standard.
The commenter called attention to the text of 42 U.S.C. 5403(d),
which provides, in part, that Federal preemption ``shall be broadly and
liberally construed.'' Prior HUD analysis, including a 1995 legal
opinion, relied on a narrow construction of the ``same aspect of
performance test'' to conclude that the Federal standards fail to
preempt State and local sprinkler mandates because they lack specific
requirements relating to sprinkler systems. The commenter claimed that
the statutory text as modified by the ``2000 reform law'' invalidated
HUD's prior legal analyses and substantially enhanced the scope of
Federal preemption under the Act. The commenter also attached a 1989
letter from a former Director of HUD Manufactured Housing and
Construction Standards Division to the fire chief of Oklahoma City,
which it cited for the proposition that HUD had previously and
correctly determined that local standards were preempted under the less
rigorous preemption language of the original 1974 Act.
The commenter went on to state that under a ``broad and liberal''
construction of Federal preemption in the Act of the ``same aspect of
performance'' test, preemption analysis should focus on the Federal
objective to be achieved and the Federal purposes of the Act. The
commenter explained the result of this test is that existing HUD
standards preempt State and local laws and do not allow additional or
different equipment or measures required by ``a state or locality.''
The commenter goes on to conclude that existing regulations already
meet the purpose of preventing ``unreasonable risk of death or injury''
and so there is already no room for State and localities to require
additional measures. Rather, such measures would only unnecessarily
increase the cost of manufactured homes.
HUD Response: HUD acknowledges and appreciates the commenters
concerns. HUD's existing regulations regarding fire safety standards do
not address the requirement or the standards of fire sprinklers. The
current regulations do not prohibit State and local jurisdictions from
promulgating their own fire sprinkler standards. Although fire
sprinklers are voluntary, should they be incorporated into the
manufacturer's design of a manufactured home, HUD's Construction and
Safety Standards as promulgated through this Final Rule, will preempt
State and local requirements applicable to the same aspects of
construction pursuant to section 604(d) of the Housing and Community
Development Act of 1974, as amended by the Manufactured Housing
Improvement Act of 2000, and 24 CFR 3282.11(a), just as any other
standard.
Potential Imposition of Mandatory Fire Sprinkler Standards
One commenter suggested that the fire sprinkler standards in the
proposed rule will likely increase the probability that a high-cost
sprinkler system will be required in all manufactured homes. The
commenter asserts that the proposed standards are characterized as
regulatory ``requirements'' and that, when triggered, would subject the
performance of any sprinkler system to Subpart I procedures and
enforcement for the life of the home, which would impose all the
corresponding investigation, documentation, and notice and recall
requirements. The commenter concluded that the fire sprinkler standards
should be eliminated from the final rule.
HUD Response: As noted earlier, the Manufactured Housing
Improvement Act of 2000 established the MHCC and requires the
establishment of construction and safety standards in accordance with
the consensus standards development process. Under this Act, all
proposed changes to the MHCSS must go through an MHCC-led consensus
process to allow for thorough review and evaluation of proposed
changes. Generally, proposed changes to HUD standards must be submitted
and reviewed for recommendation to the Secretary before HUD can
consider or implement changes to the MHCSS by notice and comment
rulemaking. HUD has no present basis and has not received a
recommendation from the MHCC to mandate fire sprinkler systems
[[Page 75711]]
in all manufactured homes. Therefore no mandate by HUD is being
proposed.
Under the final rule, HUD fire sprinkler design and construction
standards preempt State and local regulations when manufacturers
construct a home designed with a fire sprinkler system. When a
manufacturer produces a unit with a fire sprinkler system, Subpart I
enforcement of the MHCSS will be implemented as applicable.
Federal Fire Sprinkler Standards Could Lead to State Imposed Mandates
Several commenters stated that the provisions addressing fire
sprinkler systems in the proposed rule would encourage State and local
government to step in and require sprinkler systems in manufactured
homes or otherwise increase regulation. A commenter noted that this
would reverse the current trend in which jurisdictions focus on the
model International Residential Code.
One commenter articulated concern that the voluntary language of
the fire sprinkler requirements, which provides standards only when a
manufacturer installs a system but does not require a manufacturer to
do so, would weaken the rule of preemption and lead other entities to
believe they may enforce this voluntary requirement in manufactured
homes. The commenter explained that, currently, a fire suppression
systems requirement by a local authority applies to all residential
dwellings and is non-discriminatory. The commenter further explained
that, under current Pennsylvania law, fire suppression systems are not
required in one or two-family dwellings but are required in multi-
family dwellings.
Another commenter asserted that HUD holds the position that State
and localities can require fire sprinkler systems although it did not
believe that the MHCSS lacked preemptive effect. While the commenter
disagreed with the need for a requirement for fire sprinkler systems,
the commenter explained that, given the proposed standard, HUD should
now take the position that its fire sprinkler standards preempt State
and local requirements so that manufacturers do not have to adhere to a
patchwork of State and local requirements.
Several commenters echoed the recommendation that HUD explicitly
adopt the position that its fire sprinkler standard, as laid out in the
proposed rule, will preempt current or future States or local design,
testing, or installment mandates. One commenter specifically advised
that HUD add a statement to Sec. 3280.214 to reflect preemption of
State and local requirements as stated in Sec. 3282.11. Another
commenter recommended that HUD adopt a stance that would permit State
and local regulations, but only insofar as they would require the
implementation of HUD's otherwise-voluntary fire sprinkler system. The
commenter explained that this would allow for localized fire sprinkler
requirements without creating disparate jurisdiction-by-jurisdiction
sprinkler design requirements. Other commenters concerned about the
standard's preemptive effect instead recommended that HUD remove the
proposed voluntary fire sprinkler standard and any other regulations
regarding the installation of fire sprinkler systems.
HUD Response: HUD thanks the public for these comments. The
amendments to MHCSS in this final rule would preempt State and local
requirements to the extent that State and local fire sprinkler
requirements conflict with Federal standards pursuant to 24 CFR
3282.11(a).
HUD also notes that it must consider the balance between safety and
affordability when establishing Federal standards and defers to
consumer choices to determine the necessity for installing fire
sprinkler systems in residential homes. Fire sprinkler systems are not
federally mandated for site-built residential homes, as even the
national life safety code, NFPA 101, is only enforceable if a
municipality has implemented it. HUD asserts that consumers have the
right to choose fire sprinklers for the protection of their life and
property, but also recognizes the need to balance considerations of
cost and effectiveness when preserving affordability.
HUD understands the commenters' concern. However, there is no
indication to HUD that the rule would encourage State and local
government to step in and require sprinkler systems in manufactured
homes or otherwise increase regulation. Consequently, this issue is too
speculative for HUD to meaningfully consider in the final rule.
A Voluntary Fire Sprinkler System Insufficiently Protects Residents
One commenter expressed concerns that the proposed fire sprinkler
system would fail to protect residents of manufactured homes from
personal injuries and protect the public from unreasonable risk, as is
required by statute and recommended that HUD require fire sprinkler
systems in all new manufactured homes. The commenter believed that home
fires present an unreasonable risk of death or injury in manufactured
homes and that fire sprinklers are the most effective means to control
such risk, especially in multiunit manufactured housing. The commenter
cited the prevalence of fire deaths and injuries in the home and
explained that most such casualties occurred in one-and-two family
dwellings, including manufactured homes. It stated that, although
injury rates from home fires were lower in manufactured homes, death
rates were higher. The commenter expressed particular concern for
elderly individuals, who have higher injury and death rates from home
fires, in part because of factors like decreased mobility and other
impairments. The commenter noted that demographic trends suggest that
more older individuals will occupy manufactured homes in the United
States over time. The commenter referenced the growing elderly
population combined with the growing percentage of the population
living in manufactured homes. The commenter also noted that
manufactured housing is more prevalent in rural areas and in the South,
areas with higher fire fatality rates.
The commenter believed these factors to create an unreasonable risk
of death or injury and stated that automatic fire sprinklers would be
an effective means of controlling that risk. The commenter cited an
analysis of home fire data which found that in fires where automatic
fire sprinklers were present, civilian deaths were 89 percent lower and
injuries were 27 percent lower. It further suggested, based on the 53
percent reduction in medical-related costs of civilian injuries in
fires where automatic fire sprinklers were present, that perhaps
injuries were also less severe.
The commenter also noted that automatic fire sprinklers are a
requirement for one-and-two family occupancies in the 2006 edition of
NFPA 5000 Building and Construction Code, as well as the 2009
International Residential Code (IRC). The commenter noted that modern
homes burn hotter and faster, due to lightweight construction
practices, open floor plans, and synthetic furnishings, which leave
occupants with as little as two minutes to escape. Fire sprinklers can
control the fire until firefighters arrive and give occupants more time
to escape.
Based on this, the commenter recommended that HUD require automatic
fire sprinklers in all manufactured homes to provide them with the
equivalent level of safety as site-built homes. The commenter also
recommended that HUD to take the opportunity to ensure manufactured
homes provide a higher level of safety than site-built homes and noted
that 42
[[Page 75712]]
U.S.C. 5401 et seq. contains no requirement of parity between the two
kinds of housing.
To provide an adequate level of fire safety for multi-unit
manufactured homes, the commenter referred HUD to section R302.2 of the
2021 edition IRC. The commenter advised that, to maintain the
applicability of NFPA 13D, which is limited in scope to one-and-two
family dwellings, the separation requirements of section R302.2 of the
2021 edition IRC must be applied between every two units in multi-unit
manufactured homes. It explained that this would result in multi-unit
manufactured homes being divided into two-family dwellings and it would
then further be advisable to apply the requirements of R302.3 of the
IRC for separation between individual units.
In the alternative to requiring automatic fire sprinklers in all
new manufactured housing, the commenter supported the incorporation of
NFPA 13D by reference for those homes in which sprinklers are
installed. The commenter explained the history of NFPA 13D and stated
that it believed NFPA provides the appropriate balance between safety
and affordability. The commenter believed consumers should have the
right to choose fire sprinklers and be confident that they were
installed in accordance with the most up-to-date standards.
HUD Response: HUD acknowledges the comments but disagrees that the
proposed fire sprinkler system standards would fail to protect
residents from personal injuries and protect the public from
unreasonable risk. While the final rule does not require the
installation of fire sprinkler systems in all manufactured homes, the
final rule does establish minimum requirements for the design and
installation of a fire sprinkler system if a manufacturer produces a
design that contains the optional feature. These minimum requirements
are intended to create uniformity.
HUD agrees that fire sprinkler systems can be a very effective
means for controlling risk of fire-related injuries and providing
additional protection for occupants. HUD agrees that the NFPA also
considers the balance between safety and affordability, and that
consumers have the right to choose fire sprinklers for their protection
of life and property, and to be confident in its installation and
integrity. HUD also recognizes the need to balance considerations of
cost and effectiveness when preserving affordability for manufactured
housing consumers. HUD also acknowledges that manufactured homes built
in compliance with HUD's existing fire safety standards are
significantly safer and more fire-resistant than the mobile homes built
prior to the MHCSS. The final rule incorporates NFPA 13D by reference
for Sec. 3280.214(b), (e) and (o), including the exception for multi-
dwelling unit manufactured home construction (24 CFR 3280.215(b)(3)),
based on the 2021 edition IRC section R302.3 that allows for a fire
resistance rating of \1/2\ hour to be permitted in buildings equipped
throughout with an automatic sprinkler system installed in accordance
with Sec. 3280.214.
Furthermore, HUD is required by the Manufactured Housing
Improvement Act of 2000 to use a consensus process for thorough review
and evaluation of proposed changes. Generally, proposed changes to HUD
standards must be submitted and reviewed for recommendation to the
Secretary before HUD can consider or implement changes to the MHCSS by
notice and comment rulemaking. Absent an authority to act or emergency,
HUD may not consider or impose a mandatory fire sprinkler standard at
this time because the MHCC has not provided a recommendation to change
the standards.
Clarifying the Language of Sec. 3280.214
One commenter suggested a revision to the language of Sec.
3280.214, which it believed would support State and local jurisdictions
in its safety efforts. Specifically, in Sec. 3280.214, the commenter
recommended that paragraph (a)(1) read ``. . . when a manufacturer
installs a fire sprinkler system as an optional feature or to meet
state or local laws and regulations, this section . . .'' The commenter
stated that this change was advisable to broadly preempt State or local
requirements for manufactured homes.
HUD Response: HUD agrees with the commenter and has amended Sec.
3280.214(a)(1).
Standards for Fire Sprinkler System Piping in Sec. 3280.214(p)
Two commenters expressed concern about the proposed rule at Sec.
3280.214(p) which subjects the fire sprinkler system piping to the same
test as the water distribution systems in Sec. 3280.612(a). The
commenters explained that the proposed rule requires the test to be
conducted with air or water at 100 PSI for 15 minutes, whereas the NFPA
13D, which is identified as a reference standard, requires a
hydrostatic (water) test in order to pressurize the system at 200 PSI
for two hours. One commenter recommended that all proposed regulations
regarding the installation of the fire sprinkler systems be withdrawn
from the docket. The other commenter recommended that Sec. 3280.214(p)
be aligned with the reference standard to avoid confusion.
HUD Response: HUD acknowledges these comments. The water supply
testing provisions proposed by HUD were determined to accommodate more
types of piping materials, such as nonmetallic pipe and tubing, such as
CPVC and PEX. Some materials used for home sprinkler systems are not
suitable for the 100 PSI or higher testing requirements cited by NFPA
for metallic pipes, and HUD must consider both safety and affordability
considerations for the design and construction of manufactured homes.
Sprinkler piping must comply with all requirements for cold-water
distribution piping.
Reduced Fire-Resistance Rating for Buildings With Automatic Sprinkler
Systems
Some commenters noted that the proposed language regarding fire
separation requirements between two dwelling units was based on
language from the IRC but was missing an important exception. The
commenters stated that the rule was missing the 2021 IRC R302.3
exception 1 for homes that have fire sprinklers installed.
A commenter specifically recommended that HUD incorporate 2021 IRC
R302.3 exception 1 as the third exception of Sec. 3280.215(b). The
language proposed by the commenter would read as follows: ``A fire
resistance rating of \1/2\ hour shall be permitted in buildings
equipped throughout with an automatic sprinkler system installed in
accordance with Section 3280.14''.
HUD Response: HUD agrees with the comment's suggested change and
has added this exception to Sec. 3280.215(b) in the final rule. The
exception provides an allowance for multi-dwelling unit manufactured
homes equipped with automatic fire sprinklers in each dwelling unit,
the fire resistance rating of walls and floors may be reduced from 1
hour fire resistance rating to \1/2\ hour fire resistance rating.
Roof Resistance to Fire
One commenter recommended that HUD adopt a minimum requirement for
the fire resistance of roofing materials to provide a Class A fire
rating as determined by either ASTM E108 or UL 790.
HUD Response: HUD acknowledges this comment and recommends that the
commenter propose a standard to be reviewed by the MHCC. The public may
submit proposed standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
[[Page 75713]]
Generally, absent authority to act or address an emergency, HUD
addresses or incorporates changes after proposed changes are reviewed
by the MHCC.
The Proposed Rule's Three-Unit Limitation on Multi-Dwelling Unit
Manufactured Homes
While noting that they supported the regulation's express
authorization of multi-dwelling unit manufactured homes, some
commenters disagreed with the three-unit limitation proposed by HUD.
These commenters provide several bases for their position.
Initially, one commenter stated that the limitation exceeded HUD's
statutory authority under 42 U.S.C. 5402(6), since 42 U.S.C. 5402,
which defines ``manufactured home,'' does not contain a limitation to
the number of single-family homes that can be joined into a multi-
dwelling unit. The commenter also stated that HUD and MHCC appear to
recognize that the restriction has no basis in statutory authority by
pointing to the text of the proposed rule which states that ``MHCC
based its determination on ensuring consistency with a similar state
code'' and to contemporaneous MHCC documents which, the commenter
claimed, show that MHCC based its determination on the subcommittee
members' belief that the limitation would keep HUD standards consistent
with the IRC, while a higher limit or no limit would require compliance
with the International Building Code (IBC). The commenter stated that
reliance on or reference to State building codes or non-manufactured
housing model codes as the basis for the limitation lack any legitimate
basis for the limit since (1) manufactured housing is not subject to or
regulated by any State code or model code unless incorporated by the
MHCSS by reference, which is true for neither IRC nor IBC and (2)
neither the IBC nor the IRC is specific to manufactured housing or its
associated statutory purposes, such as affordability.
The commenter also raised constitutional equal protection concerns
related to narrow definitions of ``family'' or ``single family,''
noting that manufacturers and retailers could be subject to
discrimination claims and potential liability for refusing to sale or
lease a home based on the status of the consumer or its expected use.
Finally, the commenter stated that the unit restriction exceeded
Federal authority because once a manufactured home is sold and
installed, its use becomes a matter for State and local authority
through mechanisms like zoning and use permits.
A second commenter similarly expressed concern that the ``size
requirements'' were necessary because localities already set standards
in this area and that HUD's standards would only serve to limit
availability of products to consumers. This commenter also recommended
that HUD support ``multi-level, multi-unit dwellings,'' in light of
land-use limitations faced in many communities. The commenter explained
that this support would enable increased housing availability,
affordability, and healthy community growth. A third commenter
recommended that HUD raise or eliminate the 3-unit multifamily cap
noting that any unit cap must have a valid policy basis and suggested
that the current proposed rule lacked such a basis as to the three-unit
restriction.
HUD Response: HUD appreciates the comments but disagrees that HUD
lacks the authority to limit the number of units that can be joined to
form a multi-dwelling unit manufactured home. Under section 604(b) of
the Manufactured Housing Improvement Act of 2000, HUD has broad
authority to establish, after recommendation from the MHCC,
construction and safety standards and model installation standards for
manufactured homes. Limiting the number of single-family units that may
be installed together and still be considered a manufactured home for
Federal purposes is an exercise of those various authorities.
Consistent with the requirements of the Act, HUD, in consultation with
the MHCC, determined that the limit on the number of units is
reasonable and practical and can reduce potential safety or unforeseen
logistical challenges. 42 U.S.C. 5403(a)(1)(A)(i). HUD's statutory
obligation is to protect residents of manufactured homes from personal
injuries, insurance costs, and property damages. HUD agrees that zoning
regulations and the land use planning of local jurisdictions could also
impact the installation of multi-dwelling unit manufactured home but
does not agree that HUD's standards will have an adverse impact on
product availability.
In response to these comments along with other considerations
detailed below, HUD has increased the limit to four (4) units for the
definition of multi-dwelling unit manufactured homes. HUD considered
the criteria established by the Federal Housing Administration, which
insures multi-dwelling unit manufactured homes of one to a maximum of
four units under HUD's single family program. Further, the maximum
number of four is commensurate with maximum limits established for
attached units in international code requirements. These
considerations, as well as ensuring uniformity between HUD programs,
led HUD to conclude that four units was appropriate, at this time, for
the definition of multi-dwelling unit manufactured homes.
HUD acknowledges certain commenters suggested eliminating the limit
on units entirely. However, such a proposal was neither recommended by
the MHCC nor presented in the proposed rule for public review and
comment. The absence of these actions prevents HUD from considering the
recommendation until the MHCC completes a consensus driven review and
provides a recommendation to the Secretary. HUD requests that the
commenters propose this code change to the MHCC and provide supporting
rationale and justifications with the proposal. The public may submit
proposed revisions to the MHCSS via the internet at
<a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
HUD would like to clearly state the distinct terminology and
nomenclature that multi-dwelling unit manufactured homes are single
family structures and are not properly or technically classified as
``multifamily'' dwellings which are traditionally five or more dwelling
units and are considered commercial property.
Use of the ASCE 7-05 To Recalculate Wind Speed References
Numerous comments stated that ASCE 7-05 was not an appropriate
standard for use in the proposed wind design standard and recommended
that HUD use ASCE 7-10. Many of these commenters stated that the
proposed wind speeds used by ASCE 7-05 result in more onerous
requirements for a wind zone (WZ) II house than would exist for a WZ
III house designed under current standards. As examples, commenters
noted that a WZ II house on the Gulf Coast of Alabama would, under the
proposed standard, have the same design wind speed as a house located
in the Florida Keys using the newer editions of ASCE. Another commenter
gave the example that a WZ II house in Magnolia Springs, Alabama would
need to be constructed in the same way as one in Marathon, Florida.
Further, commenters noted the proposed rule uses wind speeds that
exceed the highest mapped wind speeds under the more current editions
of ASCE. Similarly, one commenter noted that for WZ II, no location in
the contiguous United States utilizing ASCE 7-10 or other newer version
has a wind speed equaling 194 miles per hour. The commenter also noted
that use of
[[Page 75714]]
ASCE-7-05 would require design to Vult=181mph mph for WZ II and
Vult=194mph for WZ III.
A number of commenters expressed concern about the increased costs
that would be imposed on the industry as a result of the new wind
standards. Several commenters noted that the proposed rule would
increase costs in other areas including ESR-1539 ``increased/stronger
metal strapping, calculated staples,'' NDS 2015 ``longer lags to
account for tip, more SYP lumber due to reduced design properties,''
and AISC 360-10 ``increased/stronger uplift straps.'' These commenters
contrasted these costs, which they referred to as ``acceptable and
understandable,'' to the use of the ASCE 7-05 standard which they
suggested were both unacceptable and incomprehensible.
Several commenters stated that ASCE 7-05 is a flawed measure
because it excludes hurricane prone regions from the Exposure D
definition, a decision that some commenters note has been found to be
inappropriate. Commenters noted that if ASCE 7-05 is adopted, other
portions of the 24 CFR part 3280 will need to be revised in light of
the change in the Exposure D definition.
One commenter noted that the language in the proposed rule stating
that ``conversions could not be used alone as they do not factor in
changes ASCE 7 made throughout the years to determine the wind
pressures for building design that are now based on wind speed'' as
lacking reason. The commenter stated the ASCE 7-10 introduced a factor
of 0.6 in the load combination for wind, thereby reducing the wind
pressure from ASCE 7-05, and criticized HUD's decision to apply its own
factor without clear basis to arrive at the figures for WZ II and WZ
III.
Another commenter questioned HUD's comparison of ASCE 7-88 and ASCE
7-05 and noted that if velocities of 120 miles per hour (mph) and 130
mph are used, the result is an 18 percent increase in ASCE 7-05 over
ASCE 7-88. It contrasted this to velocities of 140 mph and 150 mph,
which would lead to a 61 percent increase. The commenter recommended
HUD revise the proposed 140 and 150 wind speeds to 120 and 130 miles
per hour as it had done initially.
Another commenter also expressed concern surrounding HUD's wind
pressure standards. The commenter noted that when comparing the
pressures in ASCE 7-88 to the table pressures, many of the ASCE 7-88
table pressures are lower but some are higher. The commenter encouraged
new regulations to continue ``this principle'' given that the ``intent
of engineered design is to be comparable but designed in a more precise
manner.'' While not entirely clear, this commenter appeared to
recommend that lower wind pressures be used in the NPR.
Some commenters stated that the revised standard would make
construction of roof pitches over 20 degrees more expensive, or would
even be impossible, and would make manufactured homes uncompetitive.
One commenter explained that the standard was flawed because it applied
the loads without regard to exposure and that use of the ASCE 7-10
standard would enable roof pitches over 20 degrees to be built.
Other commenters considered ASCE 7-05 flawed because it relied on
wind speed criteria that are obsolete such as ASCE 7-05's use of
``stress-level'' wind speeds as opposed to ``strength-level'' wind
speeds. The commenters stated that this standard could cause confusion
among consumers regarding the wind safety of manufactured homes and may
dissuade them from purchasing such homes. These commenters instead
recommended use of a newer version of ASCE 7 and revisions to the
methodology underlying the adopted wind speeds. Some commenters
specifically recommended use of the ASCE 7-10. One commenter
recommended use of ASCE 7-22 and advised that the methodology for the
adopted wind speeds, as well as the WZ II and WZ II wind speeds, be
revised accordingly.
HUD Response: HUD appreciates the comments received. HUD is not
updating the reference standard for wind load design from ASCE 7-88 to
ASCE 7-05 after considering the public comments. Instead, HUD is
returning this item to the MHCC for reconsideration. It is HUD's
conclusion that updating the ASCE reference standard is not appropriate
without updating several sections in the MHCSS, including the values in
the Table of Design Wind Pressures in Sec. 3280.305(c)(ii)(B), the
Wind Speed Map and geographic boundaries identified in Sec.
3280.305(c)(2) and (4), and references to Exposure D in Sec.
3280.5(g). HUD recommends that the MHCC reconsider updating both the
table and the impacted reference to ensure correlation for same edition
of ASCE 7.
In making this recommendation, it is vitally important to provide
the background and origin of HUD's current standard regarding wind
provisions. In the months following Hurricane Andrew, HUD proposed the
rule to replace the wind load provisions of the MHCSS. That proposed
rule, which was based on a refined version of ASCE 7-88, formed the
basis of the current HUD standard. In the proposed rule, the design
wind pressures were based on the formation of three wind zones: Zone I
with wind speeds of 80mph or less, Zone II with wind speed from 81 to
100 mph, and Zone III with wind speed of 101 to 110 mph. These three
wind zones are separated by zone boundaries corresponding approximately
to the 80 mph and 100 mph isotaches along the Atlantic and Gulf Coasts.
The States of Hawaii and coastal portions of Alaska are designated as
Zone III.
Because ASCE 7-88 was used as the basis to develop HUD's current
standards regarding wind provisions in Sec. 3280.305, referencing ASCE
7-88 for determining design wind loads in Sec. Sec. 3280.5(f),
3280.304(b), and 3280.305(c) result in approximately identical or close
results as those shown in HUD's Table of Design Wind Pressures for
manufactured homes in almost all U.S. locations. This consistency
supports the option of using either ASCE 7-88 or HUD's Table of Design
Wind Pressures specified in Sec. 3280.305 for wind loads in high wind
areas (Zones II and Zone III). This consistency, however, does not
exist for ASCE 7-05 or ASCE 7-10.
Although in general the equation for obtaining design wind pressure
in ASCE 7-88 and all later editions can be expressed as the square of
basic wind speed, multiplied by a couple of coefficients that represent
different factors contributing to design wind pressure yet independent
from basic wind speed, the design philosophy and methodology underlying
those factors and how they interact with one another and the basic wind
speed and the wind maps, have evolved dramatically since ASCE 7-88.
First, the definition of basic wind speed has changed from being based
on ``fastest mile'' wind speed measurements in ASCE 7-88 to being based
on the ``3-second gust'' wind speed measurements in ASCE 7-05 and later
editions. Second, the exposure velocity pressure coefficient, which
reflects change in wind speed with height and terrain roughness, the
topographic factor, which accounts for wind speed-up over hills and
escarpments, and the directionality factor were added in ASCE 7-05.
Most importantly, the wind maps have changed dramatically since the
original 1993 rulemaking and have been completely redrawn in more
recent editions of ASCE 7. More recent maps in ASCE 7-05 show high-wind
zones extending much farther inland than those shown on the 1988 map
and contour lines also have changed, which
[[Page 75715]]
would significantly affect basic wind speeds used for calculations. The
basic wind speed determined by using ASCE 7-05 can produce a very
different result than the calculation based upon HUD's standard for the
same location. In addition, in response to the public comments
recommending ASCE 7-10 instead of ASCE 7-05, HUD notes that ASCE 7-10
included another major revision to ASCE 7-05 that needs to be
considered by the MHCC. ASCE 7-10 no longer includes an importance
factor and introduces risk categories. Instead of having one map as in
ASCE 7-05, ASCE 7-10 introduces three new wind speed maps that
correspond to each risk category. The ASCE 7-10 maps were transitioned
to reflect the use of the different risk categories and alternate load
and resistance design methodologies (allowable stress design instead
vs. load and resistance factor design). Furthermore, ASCE 7-10
reintroduced Exposure D for water surfaces in hurricane-prone regions,
including a new wind-borne debris region, along with a new simplified
procedures for buildings up to 160 feet in height, and new minimum wind
loads for walls. These changes are very important and must be
thoroughly considered by the MHCC before updating the HUD standards.
HUD recognizes that updating the basic wind speeds and certain
isotach references for Wind Zone III in the State of Alaska and Guam,
as originally proposed, will certainly lead to a mismatch of design
wind pressures for many locations. These mismatches have been reported
in several public comments. For HUD to update the reference standard to
ASCE 7-05, or ASCE 7-10, or any other edition of ASCE 7 that has
undergone major change(s) of wind map contour lines, revisions that are
far too substantial to be incorporated between proposed to final
rulemaking would need to be implemented. In addition, these changes,
which include, but are not limited to, updating the zone maps in Sec.
3280.305 must be reviewed through the consensus committee process for
development and revision of HUD standards.
HUD agrees with the comment that the intent of engineered design is
to be comparable but designed in a more precise manner. From an
engineering design perspective, every revision of the ASCE 7 wind load
provisions over time has been made to improve building design and
address safety considerations. For instance, design wind loads have
increased for locations where the probability of hurricanes have risen,
yet decreased in circumstances where scientific and engineering
advancements, such as new technologies simulating and testing wind
speeds, updated design methodologies, or breakthrough research
findings, have improved the design of homes. HUD's purpose for updating
design standards is to revise standards to be more accurate and
consider public safety. As such, updating the reference standard for
design wind pressures for Exposure C from ASCE 7-88 to a more recent
version without revising the Table of Design Wind Pressures would be in
conflict with the general purpose of updating HUD's standards.
Based on this assessment, HUD has determined that the proposed
methodology, if applied to the wind zone map codified under Sec.
3280.305, will result in significant cost impacts that have not yet
been fully considered nor recommended by the MHCC. HUD is returning
this recommendation to the consensus committee for further review and
analysis and has removed the proposed changes from the final rule. ASCE
7-88 remains the codified reference standard and basis for design wind
pressures and wind zones established for high wind areas.
Statutory Authority for the Increase in Wind Resistance Standards
One commenter opposed the proposed rule's use of the ASCE 7-05
standard and ``three-second gust'' parameter to recalculate the wind
speed references for manufactured homes in Wind Zones II and III on the
grounds that HUD had exceeded their statutory authority in making the
change. Specifically, the commenter stated that HUD had impermissibly
relied on consistency with the design of other single-family structures
in modifying its parameters. The commenter referenced the proposed
rule's statement that the three-second gust parameter ``would keep
manufactured housing on par with design of other single-family
structures.'' The commenter stated that HUD does not have authority
that would allow HUD to base new or amended MHCSS standards on identity
with or similarity to standards for other types of housing. The
commenter also stated that HUD and MHCC had neglected their statutory
duty by failing to, in recommending and proposing MHCSS standards,
consider the cost of such standards. It cited to 42 U.S.C. 5403(e) for
the proposition that MHCC and HUD must consider ``the probable effect
of such standard on the cost of the manufactured home to the public.''
Finally, the commenter suggested that, if an increase in design
wind speed would result from updating to the ASCE 7-05 standard, then
HUD should specify which aspect of manufactured housing safety is
unsatisfactory under the current standards and provide evidence to
support that determination and show the cost impact of such changes on
home purchase price.
HUD Response: HUD has a statutory obligation to establish
construction and safety standards under section 604(a)(1)(A) of the
Manufactured Housing Improvement Act of 2000. However, the current ASCE
7 standard will not be changed in the final rule and the recommendation
is being returned to the MHCC for reconsideration. This is based upon
HUD's engineering assessment and public comments identifying issues
with the proposed standard.
Resistance to Seismic Lateral Loads
One commenter noted that although the proposed rule went into
detail of the provisions for wind load, it had left other lateral loads
such as seismic loads largely unaddressed. The commenter recommended
that provisions for seismic loads be incorporated into the document. It
specifically suggested that such provisions be incorporated where the
incorporation of seismic loads may control or otherwise modify the
designs of the structure or component. As an example, the commenter
pointed to Sec. 3280.305 Windstorm and recommended that provisions for
support and anchoring systems to resist other lateral loads be
incorporated. The commenter provided further examples of Sec. 3285.103
site suitability with design zone maps and recommended that it be
updated to address seismic zone suitability check along with
incorporation of seismic loading into part 3280. The commenter also
recommended that the rule address anchorage for seismic loads.
HUD Response: HUD acknowledges this comment and recommends that the
commenter submit a proposed code change supported by technical analysis
and corresponding design zone maps, to be reviewed by the MHCC. The
MHCC is a Federal advisory committee established and required by
statute. All proposed changes to the MHCSS must follow the MHCC
consensus process to comply with Federal regulations. Generally,
proposed changes to HUD standards must be submitted and reviewed for
recommendation to the Secretary before HUD can consider or implement
changes to the MHCSS by notice and comment rulemaking. The public may
submit proposed standards at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
[[Page 75716]]
Snow Load Standards
One commenter noted that the basis of design snow loads has changed
from average ground snow to maximum event snow in the 2022 IBC. The
commenter also expressed concern about obsolete load standards in HUD
regulations generally and recommended that HUD regulations be revised
to be based on the latest versions of the load standards.
HUD Response: HUD acknowledges this comment and recommends that the
commenter propose a code change to be reviewed by the MHCC. As
mentioned in the previous response, generally, proposed changes to the
MHCSS must be submitted and reviewed by the MHCC through the statutory
consensus process for recommendation to the Secretary before HUD can
consider changes for rulemaking. The public may submit proposed
standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
HUD Reference No. 8, Water Resistive Barrier
One commenter stated that the HUD Reference No. 8, Water Resistive
Barrier, would increase the acquisition cost of manufactured homes
without remedying the identified safety or construction deficiencies.
The commenter recommended that the requirement be eliminated from the
final rule. The commenter cited HUD's statement that a requirement
would ``align [the] manufactured housing code with site-built
construction standards,'' and stated that HUD did not have the
authority to mandate changes for this reason. Rather, the commenter saw
HUD as having authority to propose and adopt standards only for the
purposes of addressing specific, identified life, health, and safety
and construction matters with the goal of protecting against
unreasonable risk of accidents or any unreasonable risk of death or
injury if such accidents occur.
HUD Response: HUD acknowledges these comments. HUD has a statutory
obligation under section 604(a) of the Manufactured Housing Improvement
Act of 2000 to establish and enforce construction and safety standards
for manufactured homes. This includes authority to revise the MHCSS for
consistency and improve efforts to protect the quality, durability,
safety, and affordability of manufactured homes. Water resistive
barriers play a critical role in protecting homes from moisture damage,
improving energy efficiency, enhancing durability, and reducing the
impacts of climate change by adding an additional layer of protection
against water intrusion and rain and reducing air leakage. Furthermore,
insurance companies recognize the importance of water resistive
barriers in mitigating water damage risks, which can result in
potential insurance discounts or lower premiums that lead to cost
savings for homeowners.
Recommended Revisions to Data Plate Disclosure Language of 24 CFR
3280.5(g)
Several commenters recommended that HUD update the data plate
disclosure definition to accord with the definition of Exposure D as
described in ASCE/SEI 7-05. They noted that ASCE/SEI 7-88 defines
``Exposure D'' differently than ASCE/SEI 7-05. Two of these commenters
recommended that Sec. 3280.5(g) be revised to provide: ``This home has
not been designed for the higher wind pressures and anchoring
provisions required for locations with 600' of flat, unobstructed areas
and water surfaces in Wind Zone I which extend out 5,000 feet or more
unless the home and its anchoring foundation system have been designed
for the increased requirements specified for Exposure D in ANSI/ASCE 7-
05.''
HUD Response: HUD appreciates the comments. HUD conducted an
engineering assessment in response to public comments on the ASCE-7-05
wind standard. The assessment raised additional cost and efficacy
concerns that must be examined by the MHCC. The return of the standard
to the MHCC was necessary because, unlike the recommendations about the
AAMA standard, where the MHCC provided HUD with recommendations for
both the 2011 and 2017 standards, the MHCC's recommendation did not
provide HUD an alternative reference standard. This absence deprives
HUD of authority to enact a new standard, which must first be reviewed
by the MHCC's further engineering assessment. The final rule will not
update the ASCE standard to a version other than what is currently
codified. If HUD revisits the matter in future rulemaking, commenters
are encouraged to submit this feedback again.
HUD Reference No. 25, National Design Specification for Wood
Construction
One comment stated that the HUD Reference No. 25, National Design
Specification for Wood Construction, would increase the acquisition
cost of manufactured homes without remedying identified safety or
construction deficiencies. The commenter recommended that the
requirement be eliminated from the final rule. The commenter cited
HUD's statement that the requirement would ``increase home resiliency
for consumers,'' and questioned whether HUD had the authority to
mandate changes for this purpose under the 1974 Act. The commenter said
that HUD especially lacked the authority for this change given that the
standard would increase the purchase costs of homes and exclude
potential purchasers without delivering specific identified and
quantified benefits.
HUD Response: HUD acknowledges these comments. HUD has a statutory
obligation to establish construction and safety standards under section
604(a)(1)(A) of the Manufactured Housing Improvement Act of 2000. This
Act authorizes HUD to revise the MHCSS to protect the quality,
durability, safety, and affordability of manufactured homes. The NDS is
widely used by engineers, architects, builders, and other professionals
involved in the design and construction of wood-framed buildings and
structures. HUD is incorporating this reference standard to reflect the
advancements in wood technology, industry best practices, and
guidelines for wood construction that impact manufactured housing.
Purchase Price Impact Analyses
One commenter commented on the lack of purchase price impact
analysis in the proposed rule. The commenter stated that, under section
604(3) of the 1974 Act, each reference standard change, addition, or
modification must be accompanied by an analysis calculating the
purchase price impact and weighing it against the alleged benefits of
the proposed change. The commenter noted that HUD had provided no such
analysis in table 2 or the preamble of the proposed rule.
The commenter stated HUD was obligated to consider the cost impact
of any proposed changes or additions to the MHCSS standards within the
context of the DOE ``energy conservation'' standards. The commenter
stated that unnecessary HUD standards would compound with DOE standards
to increase the cost of manufactured housing to the exclusion of lower
and moderate-income potential purchasers. The commenter expressed
concern that this decrease in affordability would be contrary to the
1974 Act and the priority of providing affordable housing. The
commenter recommended that any standard in the proposed rule that
lacked absent sufficient need and cost-benefit justification should be
eliminated.
HUD Response: HUD acknowledges these comments. HUD considered the
cost impacts from changes that stem
[[Page 75717]]
from this proposed rule in the regulatory impact analysis, which was
published with the proposed rule. Specifically, the analysis states,
``based on the overall weighted average per-unit cost increase, the
average sales price of $111,900 (Census of Manufactured Housing, August
2021), and the annual average production of 105,400, the decrease in
homes purchased annually ranges from 77 to 130.'' HUD sufficiently
considered the purchase price impact and weighed it against the alleged
benefits of the proposed change, as required by statute, when it
drafted the proposed rule.
With respect to the rule issued by the United States Department of
Energy, the standards are not under the purview of HUD and are not
related to this rule. The information available to HUD, either through
the adopted energy standards rule or provided by the commenter, does
not suggest the energy rule will interact with the requirements of this
rule. As such, including a cost impact analysis pertaining to DOE's
rulemaking would exceed the scope of this rule.
Lifecycle Cost Analyses
One commenter recommended that lifecycle cost analyses justifying
any quality rules should include in their sensitivity analysis, a
scenario with a discount rate equal to an index average MHCSS home
chattel loan rate. The commenter noted that chattel loan rates can
exceed OMB's standard 3 percent and 7 percent real discount rates for
cost-benefit analysis. The commenter explained that actual financing
costs must be considered in the lifecycle cost analysis to guarantee
real, all-in consumer savings are achieved.
HUD Response: HUD acknowledges these comments. Although the
discount rate can be chosen based on the mortgage rate, the appropriate
value would need to be the real interest rate, i.e., the nominal rate
minus inflation. OMB's preferred 3% and 7% real discount rates provide
a range that includes the commenter's cited median nominal chattel loan
rate of 7.8% minus inflation. Further, as discussed in the Consumer
Financial Protection Bureau's May 2021 report, ``Manufactured Housing
Finance: New Insights from the Home Mortgage Disclosure Act Data'',
only 42 percent of manufactured housing loans in 2021 were chattel
loans. Thus, using a discount rate based solely on chattel loan
interest rates would be inappropriate.
Standard Test Methods for Direct Moisture Content Measurement of Wood
and Wood-Based Material (3280.4(l)(23))
Two commenters recommended that HUD incorporate the 2016 version of
ASTM D4442 by reference because of the unspecified minor, non-technical
changes and three unspecified semi-technical changes that were made
from the 2007 to the 2016 version of the ASTM D4442. The commenter
stated that the changes in the 2016 version will not have an impact on
the manufactured housing industry but did not provide basis for this
statement.
HUD Response: HUD acknowledges these comments. Incorporation of
2016 version of ASTM D4442 was neither recommended by the MHCC nor
presented in the proposed rule for public review and comment. The
absence of these actions prevents HUD from considering the
recommendation until the MHCC completes a consensus driven review and
provides a recommendation to the Secretary. HUD requests that the
commenters propose this code change to the MHCC and provide a copy of
the version proposed for incorporation with the proposal. The public
may submit proposed standards via the internet at
<a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Standard Test Methods for Use and Calibration of Hand-Held Moisture
Meters, 2013 (3280.4(l)(24))
Several commenters recommended that HUD incorporate the ASTM
D73438-08 or ASTM D7438-13 Standard Practice for Field Calibration and
Application of Hand-Held Moisture Meters into HUD regulations in place
of the ASTM D4444. The commenters stated that the change would enable
greater accuracy in calibration and would better align with current
industry practices.
HUD Response: HUD acknowledges these comments and requests that the
commenters propose a MHCSS change that would incorporate an alternate
standard so that it can be reviewed by the MHCC as part of the
consensus process. As discussed earlier, the Manufactured Housing
Improvement Act of 2000 requires that the MHCC consider changes to the
MHCSS, issue recommendations to the Secretary, and that the Secretary
implement, modify, or reject the standards. Under sections 604(b)(3)
and (4) of the Manufactured Housing Improvement Act of 2000, the
Secretary must make the proposed regulations or interpretative
bulletins available for public comment upon receipt of a recommendation
and prior to enactment. In light of these requirements, HUD requests
that copies of the exact version proposed for incorporation be included
with the proposal. The public may submit proposed standards via the
internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
AAMA/WDMA/CSA 101/I.S.2/A440-17
Several commenters questioned the decision to adopt the 2017
version of AAMA/WDMA/CSA 101/I.S.2/A440 at Sec. 3280.4(d)(6). The
commenters noted that AAMA/WDMA/CSA 101/I.S.2/A440-08 and -11 are the
most common standard certifications used today and there are no
material differences between the 2011 and 2017 versions. They believed
that AAMA/WDMA/CSA 101/I.S.2/A440-17 would make certification more
difficult and would increase costs. They recommended that AAMA/WDMA/CSA
101/I.S.2/A440-11 be adopted at 3280.4(d)(6) instead of AAMA/WDMA/CSA
101/I.S.2/A440-17.
HUD Response: HUD appreciates the comments and has revisited the
original recommendations made by the MHCC to HUD. In March 2016 (Log
140), the MHCC recommended that HUD adopt the 2011 version of AAMA/
WDMA/CSA 101/I.S.2/A440 at Sec. 3280.4(s)(6). However, in December
2017 (Log 201), the MHCC recommended HUD adopt the 2017 version, citing
that the current reference standard was significantly outdated and
should be referencing the latest edition. As mentioned by the public
comments, there are no major differences between the 2011 and 2017
versions. Updated standards typically address necessary edits or
weaknesses found in previous versions, leading to improved building
performance and compliance in areas of quality, safety, and durability.
Adopting the more recent standard into the MHCSS will not make
certification more difficult or significantly increase costs. Most
windows produced for construction purposes today are likely to already
be built to meet current industry standards because of enforcement of
window certifications by jurisdictions across the United States. HUD
has incorporated the 2017 version in this final rule, which is not the
most recent version as of 2024, to ensure that manufactured homes are
constructed using more modern, relevant, and effective technologies and
materials.
Reference to APA PSI-2009
One commenter recommended that HUD replace references to APA PSI-
2009 with the most current version, which is NIST Voluntary Product
Standard PS 1-19. The commenter
[[Page 75718]]
further recommended that, in place of listing a year or version, that
the rule contain references to ``the current version''.
HUD Response: HUD cannot enact these suggested changes unless the
MHCC first considers the commenter's suggestion in a consensus process
and provides the Secretary with a recommendation. The Administrative
Procedure Act also requires HUD to place the public on notice regarding
standards upon which it may take future enforcement action and provide
an opportunity for public review and comment. Considering these
statutory limitations, HUD acknowledges these comments and requests
that the commenters propose a code change to incorporate more recent
versions to be reviewed by the MHCC. HUD requests that copies of the
exact version proposed for incorporation be included with the proposal.
The public may submit proposed standards via the internet at
<a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>. Please note that HUD is unable to broadly
incorporate standards into Federal regulation without specificity.
Updates to Reference Standards Regarding Gas-Fired Appliances and
Accessories
One commenter recommended that HUD update the reference standards
for appliances and components used in the construction of manufactured
homes to the most current editions. The commenter stated that mandating
that appliances and components comply with outdated standards would
burden manufacturers by mandating and would limit homeowners' ability
to have the most current products. The commenter recommended that HUD
review the standards and update references to the most recent editions.
Specifically, the commenter suggested incorporating following standards
and codes for gas-fired appliances and accessories, including controls
and tubing:
--CSA/ANSI LC 1-2019 <bullet> CSA 6.26-2019 as the standard for Fuel
Gas Piping Systems Using Corrugated Stainless Steel Tubing in
3280.705(b) in order to update ANSI/IAS LC 1-1997.
--CSA/ANSI Z21.1-2019 <bullet> CSA 1.1-2019 as the standard for
Household Cooking Gas Appliances in order to update ANSI Z21.1-2000.
--ANSI Z21.5.1-2017 <bullet> CSA 7.12-2017 as the standard for the
Gas Clothes Dryers Volume 1, Type 1 Clothes Dryers in order to
update ANSI Z21.51.1-1999, Gas Clothes Dryers Volume 1, Type 1
Clothes Dryers, with Addendum z21.5.1a-1999.
--CSA/ANSI Z21.10.1-2019 <bullet> CSA 4.1-2019, Gas Water Heaters
Volume 1, Storage Water Heaters with Input Ratings of 75,000 BTU per
Hour or Less in order to update ANSI Z21.10.1-1998, Gas Water
Heaters--Volume 1, Storage Water Heaters with Input Ratings of
75,000 BTU per hour or Less, with Addendum Z21.10.1a-2000.
--CSA/ANSI Z21.10.3-2019 <bullet> CSA 4.3-2019 Gas-fired Water
Heaters Volume 3, Storage Water Heaters with Input Ratings Above
75,000 BTU per Hour, Circulating and Instantaneous.
--ANSI Z21.15-2009(R2019) <bullet> CSA 9.1-2009(R2019), Manually
Operated Gas Valves for Appliances, Appliance Connector Valves and
Hose End Valves in order to update ANSI Z21.15-1997.
--CSA/ANSI Z21.19-2019 <bullet> CSA 1.4-2019, Refrigerators Using
Gas Fuel. The proposed rule would update ANSI Z21.19-1990, with
Addendum ANSI Z21 19a-1992 and ANSI Z21 19b-1995.
--ANSI Z21.20-2014, Automatic Gas Ignitions Systems and Components
in order to update ANSI Z21.20 with Addendum Z21.20a-2000.
--CSA/ANSI Z21.21-2019 <bullet> CSA 6.5-2019, Automatic Valves for
Gas Appliances in order to update ANZI Z21.21-2000.
--CSA/ANSI Z21.23-2022 <bullet> CSA 6.6-2022 in order to update ANSI
Z21.23-1993.
--CSA/ANSI Z21.24-2022 <bullet> CSA 6.10-2022, Connectors for Gas
Appliances in order to update ANSI Z21.24-1997/CGA 6.10-M97,
Connectors for Gas Appliances, and remove the reference to the
Compressed Gas Association.
--ANSI Z21.40.1-1996(R2022) <bullet> CSA 2.91-1996(R2022), Gas
Fired, Heat Activated Air Conditioning and Heat Pump Appliances in
order to correct the title of this standard from ANSI Z21.40.1-1996/
CGA 2.91-M96, Gas-Fired, Heat Activated Air Conditioning and Heat
Pump Appliances, to remove the reference to the Compressed Gas
Association.
--CSA/ANSI Z21.47-2021 <bullet> CSA 2.3-2021-2012, Gas Fired Central
Furnaces in order to update ANSI Z21.47-1990 with Addendum Z21.4a-
1990 and Z21.47b-1992, Gas-Fired Central Furnaces (Except Direct
Vent System Central Furnaces).
--ANSI Z21.75-2016 <bullet> CSA 6.27-2016, Connectors for Outdoor
Gas Appliances and Manufactured Homes.
--NFPA 54/ANSI Z223.1-2021, National Fuel Gas Code in order to
update NFPA 54-2002, National Fuel Gas Code.
--NFPA 58-2020, Standard for the Storage and Handling of Liquefied
Petroleum Gases in order to update NFPA 58, Liquefied Petroleum Gas
Code, 2001 Edition.
The commenter recommended that CSA Group, which it referred to as
the accredited standards development organization for many of the
standards, be included in the resources. The commenter also recommended
that HUD include the following address where copies of the standards
could be obtained: CSA Group/8501 East Pleasant Valley Road/
Independence, OH 44131/csagroup.org.
HUD Response: HUD acknowledges these comments and requests that the
commenters propose a code change to incorporate more recent versions to
be reviewed by the MHCC, for the same reasons described previously
addressing need for consensus review and public notification. HUD
requests that copies of the exact version proposed for incorporation be
included with the proposal. The public may submit proposed standards at
<a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>. HUD understands that many standards are
accredited jointly by more than one rating agency, such as CSA Group,
but this is commonly understood and the contact information for
additional resources is readily available and accessible online. For
purposes of organization of 3280.4 in the final rule, jointly issued
ANSI/CSA standards are categorized under ANSI.
Updated Reference Standards Related to Plumbing
Several commenters requested revisions to the plumbing standards.
One commenter advised HUD to consider updates to certain standards
incorporated by reference in Sec. Sec. 3280.4 and 3280.604. The
commenter premised its recommendations on the importance of having
plumbing product standards reflect technological advancements, product
innovations, drinking water exposure to indirect additives in products
and materials, and updates to testing methodologies. The comment
included line edits to Sec. Sec. 3280.4(j), 3280.4(dd), 3280.604(b),
and 3280.604(c) that it advised HUD to revise the rule to better align
it with current building codes, product standards, and building
practices.
Another commenter requested removal of polybutylene pipe and
fittings standards, which it stated had already been removed from model
plumbing codes. The commenter noted that, to its knowledge,
polybutylene pipe and fittings are not certified to ASTM standards and
are not generally available for hot and cold-water distributions in the
United States. The commenter proposed pages of line edits incorporating
these recommendations into Sec. Sec. 3280.604(b)(2) and 3280.4(dd).
The commenter also recommended changes to reflect current titles
and editions of NSF, ASTM, and CISPI standards and current legal name
of NSF International. It requested removal of the NSF/ANSI 24 Plumbing
System Components for Recreation Vehicles given that it had been
revised to remove manufactured homes and was thus no longer applicable.
Another commenter recommended line edits to Sec. Sec. 3280.4(g),
3280.4(k), 3280.4(v), 3280.604(c), and 3280.604. Specifically, the
commenter recommended that HUD remove from
[[Page 75719]]
the rule the following standards: ASSE/ANSI-1986, ASSE 1007-1986, ASSE
1025, IAPMO PS 2-89, IAPMO PS 4-90, IAPMO PS 5-84, IAPMO PS 9-84, IAPMO
PS 14-89, and IAPMO PS 31-91. The commenter also recommended that HUD
use the following updated standards: IAPMO Z124.5-2013e1 (R2018)
instead of ANSI Z124.5-1997; and IAPMO Z124.7-2013 (R2018) instead of
ANSI Z124.7-1997. The commenter also recommended that HUD use ASSE
1001-2021; ASME A112.1002-2020/ASSE 1002-2020/CSA B125.12-2020; ASSE
1008-2020; ASSE 1011-2017; ASSE 1014-2020; ASME A112.1016-2017/ASSE
1016-2017/CSA B125.16-17; ASSE 1017-2009 (R2014); ANSI/ASSE 1019-2011
(R2016); ASSE 1023-2020; ASSE 1051-2021; IAPMO PS 23-21; IAPMO TS 03
(R2022); and IAPMO TS 22-97e1 (R2020). In addition to the safety
considerations and desire for most up-to-date testing methodologies and
products noted by many of the commenters, this commenter explained that
use of the most current versions of the standards would allow for
incorporation of the results of efforts by the International
Association of Plumbing and Mechanical Officials to harmonize product
standards used for plumbing products in the US and Canada.
Another commenter specifically referenced parts 3280, 3282, 3285,
and 3286, noting that they contained references to outdated standards.
The commenter also noted that there were a number of missing newer
standards from ASSE, ASTM and others for modern products, pipes, and
fittings, specifically for new PEX fittings and modern piping materials
like PERT and Polypropylene. The commenter attached a list of current
standards with active versions years to which it directed HUD's
attention.
HUD Response: HUD appreciates these comments and requests that the
commenters submit these code changes to be reviewed by the MHCC, for
the same reasons described previously. For reference standard version
changes, HUD requests that copies of the exact version proposed for
incorporation be included with the proposal. The public may submit
proposed standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Updated NFPA Reference Standards
A commenter proposed the following additional updated reference
standards related to NFPA. It noted the importance of updated standards
to ensure that the requirements accommodate advancements in technology
and practices and the most-up-to-date safety knowledge. Accordingly, it
recommended that HUD incorporate by reference the most recent version
of various NFPA standards. Specifically, the commenter recommended
incorporation by reference of the following NFPA standards:
<bullet> The 2022 edition of NFPA 13D in Sec. 3280.214(b).
Specifically, the commenter recommended use of table 7.5.6.3 instead of
7.5.5.3 in (e)(2), the use of tables 10.4.9.2(b) through (h) and table
10.4.9.2(c) in (o)(3)(i) and table 10.4.9.2(b) in (o)(3)(ii). The
commenter believed that these changes would allow HUD to incorporate
the most up-to-date standards related to freeze protection, sprinkler
positioning, sprinklers in vacant structures, and use of well pumps as
a water supply.
<bullet> The 2020 edition of NFPA 31 in Sec. Sec. 3280.703(d) and
3280.707(f). It noted that changes from the 2011 to the 2020 version
include listing criteria and fuel types for fuel burning appliances,
acceptable piping and fitting materials, and updates to reference
standards.
<bullet> The 2021 edition of the NFPA 54 in Sec. 3280.703(d). It
noted that changes between the two versions include pipe grounding and
bonding, pipe fittings, venting requirements for chimneys, and
appliance listing criteria.
<bullet> The 2023 edition of the NFPA 70 National Electrical Code
which includes updates related to exterior emergency power disconnects
for fire responders, network-connected life safety equipment, wireless
power transfers of electric vehicles, and Class 4 fault-managed power.
Relatedly, it noted that Sec. 3280.807(c) refers users to Article
410.4 but should refer to Article 410.10(D).
<bullet> The 2020 edition of NFPA 58 in Sec. 3280.703(d). It noted
that the more recent version includes changes related to snow load
maps, fire extinguisher requirements, fire resistance ratings,
noncombustible materials, and other changes.
<bullet> The 2021 edition of NFPA 90B in Sec. 3280.703(d) in order
to incorporate updated reference standards and editorial changes.
<bullet> The 2021 edition of the NFPA 253 Standard on Types of
Building Construction in Sec. 3280.202 to stay consistent with the
most current terminology for the definition of ``limited combustible''
and ``noncombustible''.
<bullet> The 2023 edition of NFPA 253 in Sec. 3280.207(c). The
commenter recommended the change to create uniformity with other fire
test standards and provide more up-to-date referenced standards.
<bullet> The most current versions of ASTM E84 and UL 273. The
commenter noted that the proposed rule references the 1995 version of
the NFPA 255 on Standard Method of Test of Surface Burning
Characteristics of Building Materials in Sec. Sec. 3280.203(a) and
3280.207(a). It explained that the standard was withdrawn in 2009 and
recommended removing the reference and using the most current versions
of ASTM E84 and UL 273 instead.
<bullet> The 2022 edition of NFPA 72 in lieu of NFPA 720 in Sec.
3280.211(b). The commenter noted that NFPA 720 was withdrawn in 2018
and its requirements were incorporated into the 2019 edition of NFPA
72.
HUD Response: HUD appreciates these comments and requests that the
commenters submit these code changes to be reviewed by the MHCC, for
the same reasons described previously. For reference standard version
changes, HUD requests that copies of the exact version proposed for
incorporation be included with the proposal. The public may submit
proposed standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Use of Most Up-to-Date ASCE Reference Standards
One commenter made specific recommendations regarding use of the
most current ASCE standards. Specifically, the commenter recommended
that HUD incorporate the proposed rule's reference the 2022 edition of
Minimum Design Loads for Buildings and Older Structures (ASCE/SEI 7-
22). The comment explained that the standard provides the most up-to-
date and coordinating loading provisions for general structural design,
prescribes design loads for many types of hazards, and coordinates with
other current structural material standards. In particular, the ASCE/
SEI 7-22 standard updates wind, snow, seismic, rain, ice, and flood
hazards to reflect the current state of practice and understanding of
environmental hazards. The commenter further explained that the ASCE/
SEI 7-22 standard refines wind loads to make use of the current
knowledge of wind hazards and recent changes in wind speeds and also
make use of new understandings of snowfall and wind effects on drift.
The commenter concluded by stating that requiring new manufactured
housing to comply with the state of practice, as defined by the latest
standards of practice, will facilitate equitable, sustainable, and
resilient infrastructure, will result in an improved standard of living
and lower life-cycle costs and reinforce the Administration's goals and
better
[[Page 75720]]
protect public health, safety, welfare, and environmental resilience.
HUD Response: HUD appreciates these comments and requests that the
commenter submit proposed code changes to be reviewed by the MHCC, for
the same reasons described previously. For reference standard version
changes, HUD requests that copies of the specific version proposed for
incorporation be included with the proposal. The public may submit
proposed standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Updating to FEMA P-85
One commenter recommended that HUD incorporate FEMA P-85 as a
reference standard and generally advised that HUD use the current
versions of each standard.
HUD Response: HUD appreciates this comment and requests that the
commenter submit this proposed code change to be reviewed by the MHCC
with a specific version, referenced by date and year, that is to be
considered for incorporation. As described in this preamble, the HUD
has a statutory responsibility to place the public on notice regarding
standards upon which it may take future enforcement action.
Additionally, the specific standard incorporated into the MHCSS must
first be reviewed and recommended to HUD by the MHCSS. Standards cannot
be broadly incorporated into regulations to reference a ``current
version'' and must be defined by name and date. HUD requests that
copies of the specific version proposed for incorporation be included
with the proposal. The public may submit proposed standards via the
internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Testing of Energy Efficiency Compliance for Gas-Fired Water Heaters in
Sec. 3280.707(d)(2)
A commenter recommended that HUD incorporate applicable regulatory
requirements established by the Department of Energy, rather than ANSI
Standard Z21.10.1, in relation to the testing of energy efficiency
compliance for gas-fired water heaters. The commenter explained that
the relevant requirements had been removed from the ANSI Z21.10.1
standard.
HUD Response: HUD appreciates this comment and requests that the
commenter submit this proposed code change to be reviewed by the MHCC,
for the same reasons described previously. The public may submit
proposed standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>. While
the MHCC considers the recommendation mentioned above for gas-fired
water heaters, HUD wishes to remind manufacturers that they must comply
with all applicable statutory and regulatory requirements, including
the Federal energy efficiency requirements for covered products and
equipment such as residential water heaters, central air conditioners,
and central heat pumps, even if they are not otherwise stated in the
rule or impose obligations distinct from or additional to any
obligations imposed by this rule.
Requirements for Windows, Sliding Glass Doors, and Skylights
One commenter recommended that HUD add the following language to
Sec. 3280.403, requirements for windows, sliding glass doors, and
skylights. ``All such windows and doors must show evidence of
certification by affixing a quality certification label to the product
from a product certification body accredited to ISO/IEC 17065 by an
accreditation body that is internationally recognized to ISO/IEC17011
and are signatories to international mutual recognition arrangements
such as the Asia Pacific Accreditation Cooperation (APAC).'' Another
commenter recommended that HUD use updated ANSI Z97.1 (R2020).
HUD Response: HUD appreciates this comment and requests that the
commenter submit this proposed code change to be reviewed by the MHCC,
for the same reasons described previously. The public may submit
proposed standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Laboratory Testing Requirements
One commenter recommended that HUD require testing laboratories to
be accredited to ISO/IEC 17025 by an accreditation body that is
internationally recognized to ISO/IEC 17011 and are signatories to
international mutual recognition arrangements like the Asia Pacific
Accreditation Cooperation.
HUD Response: HUD appreciates this comment and requests that the
commenter submit this proposed code change to be reviewed by the MHCC,
for the same reasons described previously addressing need for consensus
review and public notification. The public may submit proposed
standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Standard for Vinyl Siding and Polypropylene Siding Used in Manufactured
Homes
One commenter requested clarification regarding how to proceed when
the vinyl siding manufacturer's installation instructions and the Vinyl
Siding Institute Installation Manual (VSIIM) contradict one another.
Specifically, the commenter requested clarity on which set of
instructions should take priority.
HUD Response: HUD does not reference the VSIIM. The final rule
states under Sec. 3280.309(c): ``Vinyl siding and soffit installation
must be installed in accordance with the manufacturer's installation
instructions. Vinyl siding and soffit installation must be based on
ASTM D4756.'' It is the manufacturer's responsibility to ensure that
its installation instructions are in accordance with ASTM D4756.
Reference to ASTM D4756 in Sec. 3280.309(c)
One commenter expressed concerns about the reference to ASTM D4756
in the section on installation of vinyl siding and soffit installation
in Sec. 3280.309(c). The commenter recommended removal of the sentence
which referenced ASTM D4756. The commenter explained that D4756 is an
outdated standard that will be balloted for withdrawal as an ASTM
standard under ASTM D20/D20.24. Furthermore, the commenter believed
that manufacturer installation instructions and specifications should
provide sufficient guidance. The commenter expressed concern about
regulatory obligations to follow both manufacturer installation
instructions and ASTM D4756, given that the two could differ. Another
commenter stated that ASTM D4756-06 references ASTM E2112-07, and an
88-page standard for flashing installation. The commenter requested
clarification on the standards that should be followed when there are
contradictions between ASTM D4756-06 and ASTM E2112-07.
HUD Response: HUD acknowledges this comment and suggests that the
commenter submit this proposed code change to be reviewed by the MHCC,
for the same reasons described previously. The public may submit
proposed standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>. The
MHCSS does not reference ASTM E2112-07. Although ASTM D4756 has been
withdrawn, the standard is still available for public access and use
and is included in the final rule until it can be revised by future
rulemaking after consideration and recommendation by the MHCC.
Omission of Sec. 3280.504(b)
One commenter noted that Sec. 3280.504(b) references Sec.
3280.504(b)(1) but that the proposed rule does not contain Sec.
3280.504(b)(1). It suggests that following language be added: ``Sec.
3280.504(b)(1) Exterior walls must have a vapor retarder with a
permeance
[[Page 75721]]
no greater than 1 perm (dry cup method) installed on the living space
side of the wall; OR''.
HUD Response: The language offered by the commenter can be found in
the proposed rule at 3280.504(b)(1). The language states: ``(1)
Exterior walls shall have a vapor barrier no greater than 1 perm (dry
cup method) installed on the living space side of the wall, or.'' The
final rule maintains the language found in the proposed rule without
change.
Floor Area Requirements
Some commenters recommended that HUD re-evaluate the 150 square
footage requirements in light of the allowance of three dwellings
within a single manufactured home. The commenters noted that the 2015
IRC had reduced the size requirement for a habitable room to 70 square
feet. Some commenters noted that the 150 number had not been based on
scientific analysis or on identified safety hazards. The commenters
recommended the following language in Sec. 3280.109: ``Each dwelling
unit of a manufactured home shall have at least one living area with
not less than 70 square feet of gross floor area''.
HUD Response: HUD acknowledges this comment and suggests that the
commenter submit this proposed code change to be reviewed by the MHCC,
for the same reasons described previously addressing need for consensus
review and public notification. The public may submit proposed
standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Clarity on the Meaning of ``Exposed'' (Sec. 3280.203(c)(1)(ii))
One commenter recommended the following language to clarify what
surfaces are not considered ``exposed'': ``Exposed bottoms and sides of
kitchen cabinets as required by Sec. 3280.204; vertical surfaces above
the horizontal plane formed by the bottom of the range hood are not
considered exposed.''.
HUD Response: HUD acknowledges this comment but is of the opinion
that the existing language which states, ``Exposed bottoms and sides of
kitchen cabinets as required by Sec. 3280.204 except that non-
horizontal surfaces above the horizontal plane formed by the bottom of
the range hood are not considered exposed,'' is sufficiently clear.
HUD's view is that ``non-horizontal surfaces'' is a more inclusive
terminology than the alternate language proposed in the comment and
more clearly describes which surfaces do not need to be considered as
exposed. In the final rule, Sec. 3280.203(c)(1)(ii) reads as follows:
``Exposed bottoms and sides of kitchen cabinets as required by Sec.
3280.204 except that non-horizontal surfaces above the horizontal plane
formed by the bottom of the range hood are not considered exposed.''
Moisture Content of Treated Lumber Used for Porch Designs
One commenter recommended that Sec. 3280.304(a) add following
language regarding porch designs with treated lumber extending into the
main roof cavity: ``Dimension and board lumber must not exceed 19
percent moisture content at time of installation. Treated lumber used
for exterior purposes only and does not extend into the main home
construction may have a moisture content exceeding 19 percent.''.
HUD Response: HUD accepts this comment and has added the language
as suggested to provide additional clarity that the moisture content
for treated lumber applies to porches and exterior applications only.
Requirements for Fireplace and Wood Stoves
One commenter expressed concern about HUD's proposed revision to
allow any fireplace or wood stove to be installed regardless of the
testing and certification requirements specified by the Standard for
Vented Gas Fireplace Heaters, CSA/ANSI Z21.88-2109 * CSA 2.33-2019. The
commenter worried that using an appliance not tested and certified for
manufactured homes might violate the listing and certification of the
product.
HUD Response: HUD acknowledges this comment but reassures the
commenter that if an installed product violates its listing and
certification when installed in a manufactured home, then it would not
be permissible under Sec. 3280.709(a).
Drain Pan Requirements
Some commenters recommended that the Sec. 3280.709(h) requirement
for drain pan should be revised to facilitate the use of tankless water
heaters. They recommended the following language in Sec. 3280.709 to
better align with the IRC P2801.6: ``A corrosion-resistant water drip
collection and drain pan must be installed under each storage tank-type
water heater or a hot water storage tank that will allow water leaking
from the water heater to drain to the exterior of the manufactured
home, or to a drain.''
HUD Response: HUD accepts this comment and has added the language
as suggested to support clarity for the allowed use of tankless water
heaters included in this final rule.
Clarity on Appliance Installation Instruction Requirements
Some commenters expressed support for HUD's attempt to reduce
redundant appliance manuals but suggested that there might be need for
further clarity in the language used in the proposed rule. They
suggested the following language: ``Operating instructions must be
provided for each appliance. The operating instructions for each
appliance must be provided with the homeowner's manual unless the
appliance is affixed with a permanent Quick Response (QR) Code.''
HUD Response: HUD acknowledges this comment, but the suggested
language is not in line with the change implemented in the final rule.
HUD requires one copy of the operating instructions for each
application to be provided with the homeowners' manual. A second copy
shall be provided with the appliance only if the appliance does not
have a QR code. The final rule text has been slightly adjusted to
clarify HUD's requirement.
Appliance Manufacturer Instructions
One commenter expressed concern that revision of Sec. 3280.709(a)
to remove a requirement that manufacturers leave appliance manufacturer
instructions attached to appliances would conflict with the safety
standards and fuel gas installation code requirements.
HUD Response: HUD acknowledges this comment but this change
implemented in the final rule does not conflict with the safety
standards and fuel gas installation code requirements. HUD still
requires one copy of the operating instructions for each application to
be provided with the homeowners' manual and a second copy shall be
provided with the appliance only if the appliance does not have a QR
code. In response to this comment, HUD has slightly revised the text
under Sec. 3280.711 to clarify this.
Reference to Loose-Fill Insulation
A commenter expressed concern about the portion of the proposed
rule referencing ``[a] horizontal distance of not less than the depth
of the wall cavity, where the call [sic] cavity is filled with
cellulose loose-fill or other loose-fill insulation.'' The commenter
recommended that the language be changed to read, ``where the wall
cavity is filled with loose-fill insulation'' to reduce the possibility
that the rule would be understood to relate to cellulose insulation
only. The commenter noted that the insulation market contains many
loose-fill insulation types apart from cellulose and the change would
reduce confusion.
[[Page 75722]]
HUD Response: HUD accepts this comment and has revised the language
as suggested to provide additional clarity. The amended language can be
found at Sec. 3280.215(d)(2)(i)(B).
Windows and Doors Protections
One commenter recommended adding an exception to Sec. 3280.403
that provisions for protection of openings of manufactured homes be
required in construction for homes installed in wind-borne debris
regions (reference definition in the IRC). The commenter stated that
provision of protection can be defined by the IBC.
HUD Response: HUD acknowledges this comment and suggests that the
commenter submit this proposed code change to be reviewed by the MHCC,
for the same reasons described previously addressing need for consensus
review and public notification. The public may submit proposed
standards via the internet at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Implementation Period
Several commenters requested a minimum one-year implementation
period because of the quantity of changes that the proposed rule would
create to relevant regulatory requirements. They noted that the
proposed rule included 69 updates to reference standards, 16 new
standards, and three regulatory text changes. Other commenters
specifically requested that HUD provide both an effective date, i.e.,
when the rule will be effective, and a mandatory effective date, i.e.,
when compliance would become mandatory; the commenters suggested a 90-
day period between the two dates to permit product inventory and
materials to be used to meet the standards. Two commenters noted the
challenges associated with the reference standards in Sec. 3280.4,
which would require manufacturers to analyze and apply the numerous
standards and codes to a wide range of components. These commenters
also noted that compliance will necessitate consultation with
production suppliers, DAPIAs, and IPIAs.
One commenter noted that a longer implementation period was
necessary because of the burdens associated with the May 2022 Final
Rule to Establish Energy Conservation Standards for Manufactured
Housing requiring manufactured homes to comply with the 2021
International Energy Conservation Code by May 2023. Another commenter
pointed out that the United States Department of Energy (DOE) had
released a Final Rule requiring compliance with 10 CFR part 460 Energy
Conservation Standards for Manufactured Homes (May 31, 2022, 87 FR
32728; May 30, 2023, 88 FR 34411), which had allowed for a one-year
implementation period, suggesting that HUD use this lengthy
implementation period as a model.
Another commenter noted that the U.S. Department of Energy
published a proposed rule entitled Energy Conservation Standards for
Consumer Furnaces, (July 7, 2022, 87 FR 40590), which proposed a five-
year implementation period for changes that the commenter suggested
were much less significant. Commenters also referenced, in support of
their request for a longer implementation period, previous extensions
on implementation of HUD rules.
HUD Response: HUD understands these comments and has provided a
six-month delayed effective date to allow manufacturers to implement
the regulations effectively. This effective date will allow for
smoother implementation and improved alignment between regulatory
requirements and stakeholders' capabilities. HUD did not provide the
full year implementation because many of the changes in this final rule
support construction practices already in place by manufacturers, and
will eliminate the need for alternative construction letters, improving
efficiencies, and costs. HUD is not implementing bifurcated deadlines
because such deadlines would likely create confusion among
manufacturers regarding the effective dates, much to the detriment of
consumers and manufacturers alike.
Cost Considerations
One commenter recommended that HUD accommodate the entry level of
the market even as it permits new, high-end construction methods. The
commenter urged that when HUD assesses the costs and benefits of
minimum quality and safety standards that raise the legal quality floor
of MHCSS construction, that HUD consider that the housing alternatives
for the marginal consumer priced out of an entry-level MHCSS home that
are not built to the updated codes. The commenter stated that increased
up-front purchase prices that produce later savings to ultimately
reduce the total cost of ownership is an appropriate consideration. The
commenter recommended that lifecycle cost analyses justifying those
changes should include, in their sensitivity analysis, a scenario with
a discount rate equal to an index average MHCSS home chattel loan rate.
Chattel loan rates, according to the commenter, can exceed OMB's
standard 3 percent and 7 percent real discount rates for cost-benefit
analysis. Consumers must finance higher up-front costs that deliver
future benefits with the current financing options. Actual financing
costs must be considered in the lifecycle cost analysis to guarantee
real, all-in consumer savings are achieved.
HUD Response: HUD acknowledges these comments. Manufactured housing
plays a vital role in meeting the housing needs in the U.S. today and
provides a significant resource for affordable homeownership and rental
housing accessible to all Americans. HUD recognizes the need to protect
the affordability of manufactured homes to facilitate the availability
of housing particularly for economically constrained consumers and
recognizes the need for improved financing options supporting
manufactured housing. While these issues extend beyond the scope of
this regulation, several offices within the Federal Government in
addition to the Department are actively working to address financing
issues for manufactured housing, such as the Federal Housing Finance
Agency and U.S. Department of Agriculture's Rural Development agency.
Other Issues
Issue 1: One commenter recommended that HUD mandate floating homes
and require that homes be made of `indestructible' material such as
stone or an ice chest. This comment was submitted alongside a
screenshot of text describing ``Surface Roughness D'' and a graphic
unrelated to the proposed rule.
HUD Response: HUD acknowledges this comment and as previously
discussed in these responses, encourages members of the public to
submit proposals and suggestions to the MHCC for consideration at
<a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Issue 2: One commenter recommended that regular updates be made to
the MHCSS at least every 10 years. Another commenter echoed this
concern and advised HUD to adopt a regular cadence of updating
regulations so that the MHCSS can keep pace with evolving technologies
and best practices.
HUD Response: HUD acknowledges this comment and fully agrees with
the need for regular code updates to keep pace with evolving
technologies and best practices. In recent years, HUD has made
significant progress in updating its regulations, but continues to face
hurdles that slow down the cadence of updates. For example, the
regulatory process mandating consensus committee review and
recommendation is a vital component to ensure that
[[Page 75723]]
HUD's manufactured housing standards and regulations consider and align
the interests of manufactured housing consumers, industry stakeholders,
and the government, particularly in respect to affordability, home
quality, and consumer protection. This statutory process, however, adds
in a layer of complexity and duration that most other Federal
rulemaking is not subjected to.
Issue 3: Without specifying any particular aspects of the proposed
rule, two commenters expressed general concerns that the rule would
undermine the affordability of MHCSS homes. One commenter explained
that he viewed the requirements as so strict as to exceed the
requirements for IRC homes and site-built homes in the same location.
HUD Response: HUD acknowledges but disagrees with this comment.
Furthermore, as previously described, HUD is not updating the reference
standard for wind load design in this final rule that may have been a
cause of concern for some members of the public.
Issue 4: One commenter laid out several general standards that it
believed should guide HUD's rulemaking in this area. First, the
commenter stated that Federal modular standards ought to align with
State modular codes in order to mitigate conflict and allow for
increased product availability. Second, the commenter recommended that
HUD permit alternative building methods and materials without third-
party testing, so long as the engineer signed off, in order to
encourage innovation. Third, the commenter advised that structural
requirements are preferable to specification of building materials and
structures, such as steel I-beams or chassis requirements. The former
reduce costs and unnecessary design elements, while still advancing
building design and integrity, according to the commenter. Fourth, the
commenter believed that quality control measures at assembly line
factories were sufficient and that unnecessary factory inspections
should be reduced. And, fifth, the commenter believed that the MHCSS
should be made the national standard and it should cover every building
type and situation covered in the regular building code.
HUD Response: HUD acknowledges this comment and as previously
discussed in these responses, encourages members of the public to
submit proposals and suggestions to the MHCC for consideration at
<a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Issue 5: One commenter recommended that HUD incorporate ``universal
design and Visitability.'' The Commenter also recommended that HUD
provide safety standards for homes built on partial foundations.
HUD Response: HUD acknowledges this comment and supports the
concept of accessible and inclusive housing for all individuals. As
previously discussed in these responses, HUD encourages members of the
public to submit proposals and suggestions to the MHCC for
consideration at <a href="http://mhcc.homeinnovation.com">mhcc.homeinnovation.com</a>.
Issue 6: One commenter flagged what it believed to be a
typographical error in Sec. 3280.607 in which ``with sides and back
extending'' repeated twice. The commenter recommended deleting the
second set of words to remedy the duplicative language.
HUD Response: HUD did not find this duplicative language in the
proposed rule and has verified that this also does not exist in the
final rule.
Issue 7: One commenter asked HUD what she could do to make her home
more fire resistant. She said that she had been told her manufactured
home wasn't as safe as a site-built home and that she was having
difficulty getting homeowners insurance as a result.
HUD Response: HUD acknowledges this comment and while it is not
related to the final rule, would like to respond that the National Fire
Protection Association (NFPA) provides a Manufactured Home Fire Safety
Guide that offers tips and recommendations for homeowners to reduce
fire risks in their homes. This guide covers topics such as smoke
alarms, cooking safety, heating safety, electrical safety, and escape
planning. In addition, homeowners may have additional resources
available to make their homes more fire-resistant including programs
offered by local fire departments or State and local government
programs that can help manufactured homeowners make improvements and
upgrades for fire safety. Some programs may provide financial
assistance, grants, or low-interest loans to support the installation
of fire-resistant materials, such as fire-rated siding, roofing, and
windows, that may assist in qualifying for some insurance programs. HUD
encourages the commenter to start by contacting their local government
to inquire about available resources for fire safety improvements.
Issue 8: One commenter recommended that HUD take several measures
to improve the effectiveness of the rule outside of changing the
drafting of the rule. Specifically, it recommended that HUD experts in
manufactured housing participate in the development of HUD's
Affirmatively Furthering Fair Housing (AFFH) rulemaking to ensure that
the AFFH standards support increased access to manufactured homes. It
advised that such experts be vigilant for exclusionary zoning and
building practices targeting manufactured homes. It also recommended
that HUD's intergovernmental relations staff should coordinate with
HUD's manufactured housing staff to promote state-level reforms
allowing easy conversion of MHCSS homes from personal chattel property
into real property and to inform Congress of the barriers to the
success of manufactured housing that require legislative efforts.
Finally, it recommended that HUD updated grant scoring and
prioritization to reward jurisdictions that permit multifamily housing
of all construction efforts.
HUD Response: HUD acknowledges these comments and while these
comments do not directly impact HUD's final rule, appreciates the
public's interest in HUD's programs. HUD is actively working to
increase cross-collaboration within the Department to improve knowledge
sharing and leverage shared resources.
IV. Incorporation by Reference
A. Introduction
The incorporated reference standards are approved by the Director
of the Federal Register for incorporation by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. These standards are available
for inspection at HUD's Office of Manufactured Housing Programs. Copies
of the incorporated reference standards may also be obtained from the
following organizations that developed the standard:
AISC--American Institute of Steel Construction, One East Wacker
Drive, Chicago, IL 60601, (312) 670-5403, <a href="http://www.aisc.org">www.aisc.org</a>.
AISI--American Iron and Steel Institute, 25 Massachusetts Ave. NW,
Suite 800, Washington, DC 20001, (202) 452-7100, <a href="http://www.steel.org">www.steel.org</a>.
ANSI--American National Standards Institute, 25 West 43rd Street,
New York, NY 10036, (212) 642-4900, fax (212) 398-0023,
<a href="http://www.ansi.org">www.ansi.org</a>.
APA--The Engineered Wood Association (formerly the American Plywood
Association), 7011 South 19th Street, Tacoma, WA 98411, (253) 565-
6600, fax (253) 565-7265, <a href="http://www.apawood.org">www.apawood.org</a>.
ASHRAE--American Society of Heating, Refrigerating, and Air
Conditioning Engineers, 180 Technology Parkway NW, Peachtree
Corners, Atlanta, GA 30092, (404) 636-8400, fax (404) 321-5478,
<a href="http://www.ashrae.org">www.ashrae.org</a>.
ASME--American Society of Mechanical Engineers, 22 Law Drive, P.O.
Box 2900,
[[Page 75724]]
Fairfield, NJ 07007, 1-800 843-2763, fax: 973882-8113, <a href="http://www.asme.org">www.asme.org</a>.
ASTM--ASTM International, 100 Barr Harbor Drive, West Conshohocken,
PA 19428, (610) 832-9500, fax (610) 832-9555, <a href="http://www.astm.org">www.astm.org</a>.
AWC--American Wood Council (formerly American Forest & Paper
Association), 1101 K Street NW, Suite 700, Washington, DC 20005,
(202) 463-2766, <a href="http://www.awc.org">www.awc.org</a>.
FGIA--Fenestration and Glazing Industry Alliance (formerly known as
American Architectural Manufacturers Association (AAMA)), 1900 East
Golf Road, Schaumburg, Illinois 60173, (847) 303-5664,
<a href="http://www.fgiaonline.org">www.fgiaonline.org</a>.
CSA Group--CSA Group (formerly known as the Canadian Standards
Association (CSA)), 178 Rexdale Boulevard, Toronto, ON, M9W 1R3,
Canada; (216) 524-4990; <a href="http://www.csagroup.org">www.csagroup.org</a>.
HPVA--Hardwood Plywood and Veneer Association, 1825 Michael Faraday
Drive, P.O. Box 2789, Reston, VA 22090, (703) 435-2900, fax (703)
435-2537, <a href="http://www.hpva.org">www.hpva.org</a>.
IAPMO--International Association of Plumbing and Mechanical
Officials, 20001 Walnut Drive South, Walnut, CA 91789, (909) 595-
8449, fax (909) 594-1537, <a href="http://www.iapmo.org">www.iapmo.org</a>.
ICC-ES--International Code Council Evaluation Service, 3060 Saturn
Street, Suite 100, Brea, CA 92821, (800) 423-6587, fax (562) 695-
4694, <a href="http://www.icc-es.org">www.icc-es.org</a>.
ISO_The International Organization for Standardization, Chemin de
Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland, 41-22-749-
0111, <a href="http://www.iso.org">www.iso.org</a>.
NFPA--National Fire Protection Association, Batterymarch Park,
Quincy, MA 02269, (617) 770-3000, fax (617) 770-0700, <a href="http://www.nfpa.org">www.nfpa.org</a>.
SAE--Society of Automotive Engineers, 400 Commonwealth Drive,
Warrendale, PA 15096, (724) 776-0790, <a href="http://www.sae.org">www.sae.org</a>.
TPI--Truss Plate Institute, 583 D'Onofrio Drive, Suite 200, Madison,
WI 53719, (608) 833-5900, fax (608) 833-4360, <a href="http://www.tpinst.org">www.tpinst.org</a>.
JUL--Underwriters Laboratories, 333 Pfingsten Road, Northbrook, IL
60062, (847) 272-8800, fax (847) 509-6257, <a href="http://www.ul.com">www.ul.com</a>.
WDMA--Window and Door Manufacturers Association (formerly the
National Wood Window and Door Association), 1400 East Touhy Avenue,
Des Plaines, IL 60018, (847) 299-5200, fax (847) 299-1286,
<a href="http://www.wdma.com">www.wdma.com</a>.
Any standard that appears in Sec. Sec. 3280.304, 3280.604, or
3280.703, but that is not included in the list of new or updated
consensus standards, was previously approved for incorporation by
reference into that section. In addition, the following standards were
previously approved for incorporation by reference in the sections
where they appear in this final rule: ASSE 106, ASSE 1070, SEI/ASCE 8,
UL, 181B, UL 217.
B. List of New Consensus Standards
This final rule incorporates by reference 16 new consensus
standards for Manufactured Housing, which are listed below:
1. ANSI Z21.10.3-2014/CSA 4.3-2014. Gas-fired water heaters, volume
III, storage water heaters with input ratings above 75,000 Btu per
hour, circulating and instantaneous. The rule adds this new standard
for incorporation by reference. This new standard specifies guidelines
for newly produced, large automatic storage water heaters having input
ratings above 75,000 Btu/hr (21 980 W), instantaneous water heaters,
and circulating water heaters including booster water heaters,
constructed entirely of new, unused parts and materials. This standard
is available online for review via read-only, electronic access at
<a href="https://ibr.ansi.org/Standards">https://ibr.ansi.org/Standards</a>.
2. ANSI Z21.75-2007/CSA 6.27-2007 (reaffirmed 2012). Connectors for
Outdoor Gas Appliances And Manufactured Homes. This rule adds a
standard for incorporation by reference that specifies guidelines for
newly produced assembled connectors constructed entirely of new, unused
parts and materials. This standard is available online for review via
read-only, electronic access at <a href="https://ibr.ansi.org/Standards">https://ibr.ansi.org/Standards</a>.
3. APA Y510-1997. Plywood Design Specification. The rule adds this
standard for incorporation by reference. The standard is a
specification that presents section properties, recommended design
stresses, and design methods for plywood when used in building
construction and related structures. This standard is available online
for review via read-only, electronic access at <a href="https://ibr.ansi.org/Standards">https://ibr.ansi.org/Standards</a>.
4. ASTM D3679-09a. Standard Specification for Rigid Poly(Vinyl
Chloride) (PVC) Siding. This rule adds this standard for incorporation
by reference. This specification establishes requirements and test
methods for the materials, dimensions, warp, shrinkage, impact
strength, expansion, appearance, and wind load resistance of extruded
single-wall siding manufactured from rigid (unplasticized) PVC
compound. This standard is available online for review via read-only,
electronic access at <a href="https://www.ASTM.org/READINGLIBRARY">https://www.ASTM.org/READINGLIBRARY</a>.
5. ASTM D4756-06. Standard Practice for Installation of Rigid
Poly(Vinyl Chloride) (PVC) Siding and Soffit. This rule adds this
standard for incorporation by reference. This standard covers the
minimum requirements for and the methods of installation of rigid vinyl
siding, soffits, and accessories on the exterior wall and soffit areas
of buildings. This standard also covers aspects of installation
relating to effectiveness and durability in service. This standard is
available online for review via read-only, electronic access at <a href="https://www.ASTM.org/READINGLIBRARY">https://www.ASTM.org/READINGLIBRARY</a>.
6. ASTM D7254-07. Standard Specification for Polypropylene (PP)
Siding. The rule adds this standard for incorporation by reference.
This new specification establishes requirements and test methods for
materials, impact strength, appearance, surface flame spread, and wind
load resistance of siding products manufactured from polypropylene
material. This standard is available online for review via read-only,
electronic access at <a href="https://www.ASTM.org/READINGLIBRARY">https://www.ASTM.org/READINGLIBRARY</a>.
7. ASTM E90-09. Standard Test Method for Laboratory Measurement of
Airborne Sound Transmission Loss of Building Partitions and Elements.
This rule adds this standard for incorporation by reference. This test
method covers the laboratory measurement of airborne sound transmission
loss of building partitions such as walls of all kinds, operable
partitions, floor-ceiling assemblies, doors, windows, roofs, panels,
and other space-dividing elements. This standard is available online
for review via read-only, electronic access at <a href="https://www.ASTM.org/READINGLIBRARY">https://www.ASTM.org/READINGLIBRARY</a>.
8. ASTM E492-09. Standard Test Method for Laboratory Measurement of
Impact Sound Transmission Through Floor-Ceiling Assemblies Using the
Tapping Machine. This rule adds this standard for incorporation by
reference. This test method covers the laboratory measurement of impact
sound transmission of floor-ceiling assemblies using a standardized
tapping machine. This standard is available online for review via read-
only, electronic access at <a href="https://www.ASTM.org/READINGLIBRARY">https://www.ASTM.org/READINGLIBRARY</a>.
9. ASTM E814-13. Standard Test Method for Fire Tests of Penetration
Firestop Systems. This rule adds this standard for incorporation by
reference. This standard is used to measure and describe the response
of materials, products, or assemblies to heat and flame under
controlled conditions. This standard contemplates fire testing that
evaluates a firestop under fire conditions to determine if it will gain
firestop status. It addresses areas of building construction where
firestop systems are necessary to contain fire from spreading from one
area to another around penetrating items. This standard
[[Page 75725]]
is available online for review via read-only, electronic access at
<a href="https://www.ASTM.org/READINGLIBRARY">https://www.ASTM.org/READINGLIBRARY</a>.
10. ISO/IEC 170065:2012(E). Conformity Assessment--Requirements for
bodies certifying products, processes, and services. The rule adds this
standard for incorporation by reference. This International Standard
contains requirements for the competence, consistent operation and
impartiality of product, process and service certification bodies. This
standard is available online for review via read-only, electronic
access at <a href="https://ibr.ansi.org/Standards">https://ibr.ansi.org/Standards</a>.
11. NFPA 13D. Standard for the Installation of Sprinkler Systems in
One-and Two-Family Dwellings and Manufactured Homes. The rule adds this
standard for incorporation by reference. This standard covers the
design, installation, and maintenance of automatic sprinkler systems
for protection against the fire hazards in one- and two-family
dwellings and manufactured homes. This standard is available online for
review via read-only, electronic access at <a href="https://ibr.ansi.org/Standards">https://ibr.ansi.org/Standards</a>.
12. TT-P-1536A. Plumbing Fixture Setting Compound. The rule adds
this standard for incorporation by reference. This standard covers
materials that combine watertight, gastight, odor proof, and vermin
proof properties for plumbing fixtures which are connected to drainage
systems. This standard is available online for review via read-only,
electronic access at <a href="http://www.everyspec.com">http://www.everyspec.com</a>. The Federal
Specification may also be obtained from the General Services
Administration, which serves as Superintended of Documents.
13. UL 263. Standard for Safety Fire Tests of Building Construction
and Materials. The rule adds this standard for incorporation by
reference. These fire tests are applicable to assemblies of masonry
units and composite assemblies of structural materials for buildings,
including bearing and other walls and partitions, columns, girders,
beams, slabs, and composite slab and beam assemblies for floors and
roofs. They are also applicable to other assemblies and structural
units that constitute permanent integral parts of a finishing building.
This standard is available online for review via read-only, electronic
access at <a href="https://ibr.ansi.org/Standards">https://ibr.ansi.org/Standards</a>.
14. UL 499. Standard for Safety Electric Heating Appliances. The
rule adds this standard for incorporation by reference. These
requirements cover heating appliances rated at 600 V or less for use in
unclassified locations in accordance with the National Electrical Code
(NEC), NFPA 70-2014. This standard is available online for review via
read-only, electronic access at <a href="https://ibr.ansi.org/Standards">https://ibr.ansi.org/Standards</a>.
15. UL 1479. Standard for Fire Tests of Penetration Firestops. This
rule adds this standard for incorporation by reference. This standard
provides testing requirements of penetration firestops of various
materials and construction that are intended for use in openings in
fire resistive wall, floor, or floor-ceiling assemblies, and membrane
type penetration firestops of various materials and construction that
are intended for use in openings in fire resistive wall assemblies.
This standard is available online for review via read-only, electronic
access at <a href="https://ibr.ansi.org/Standards">https://ibr.ansi.org/Standards</a>.
16. UL 60335-2-40-2012. Standard for Safety: Household and Similar
Electrical Appliances--Part 2-40: Particular Requirements for
Electrical Heat Pumps, Air-Conditioners and Dehumidifiers. The rule
adds this standard for incorporation by reference. This standard deals
with the safety of sealed (hermetic and semi-hermetic type) motor-
compressors, their protection and control systems, if any, which are
intended for use in equipment for household and similar purposes and
which conform with the standards applicable to such equipment. This
standard is available online for review via read-only, electronic
access at <a href="https://ibr.ansi.org/Standards">https://ibr.ansi.org/Standards</a>.
C. List of Updated Consensus Standards
This final rule incorporates by reference updates to 74 consensus
standards for manufactured housing:
1. AAMA 1701.2-12. Voluntary Standard for Utilization in
Manufactured Housing for Primary Windows and Sliding Glass Doors. The
rule updates AAMA 1701.2 to the 2012 version. This updated standard
sets the requirements for primary windows and sliding glass doors used
in manufactured housing. Window mounted as components in entry doors
are beyond the scope of this standard. Since building methods and
materials are expected to undergo continued design innovation, the
purpose of this standard is to establish reasonable performance
standards for all present and future methods and materials of
construction.
2. AAMA 1702.2-12. Voluntary Standard for Utilization in
Manufactured Housing for Swinging Exterior Passage Doors. The rule
updates AAMA 1702.2, Voluntary Standard Swinging Exterior Passage Door
for Utilization in Manufactured Housing. This updated standard sets
requirements for swinging exterior passage doors and combination doors
used in manufactured housing. Windows used in swinging exterior passage
doors are components of the door and are thus included in this
standard. Since building methods and materials are expected to undergo
continued design innovation, the purpose of this standard is to
establish reasonable performance standards for all present and future
methods and materials of construction.
3. AAMA 1704-12. Voluntary Standard Egress Window Systems for
Utilization in Manufactured Housing. The rule updates the AAMA Standard
1704, which sets the requirements for the design, construction, and
installation of egress window systems.
4. AAMA/WDMA/CSA 101/I.S.2/A440-17. North American Fenestration
Standard/Specification for windows, doors, and skylights. The rule
updates AAMA/WDMA/CSA 101/I.S.2/A440. The updated standard establishes
material-neutral, minimum, and optional performance requirements for
windows, doors, secondary storm products, tubular daylighting devices,
roof windows, and unit skylights. The specification concerns itself
with the determination of performance grade, design pressure, and
related performance ratings.
5. AISC 360-10. Specification for Structural Steel Buildings. The
rule updates AISC-S335, 1989. This updated specification provides the
generally applicable requirements for the design and construction of
structural steel buildings and other structures.
6. AISI S100-12. North American Specification for the Design of
Cold-Formed Steel Structural Members. The rule updates AISI,
Specification for the Design of Cold-Formed Steel Structural Members,
1996. This updated specification provides the general applicable
requirements for the design of cold-formed steel structural members
used in North America.
7. ANSI/AHRI Standard 210/240-2008 with Addenda 1 and 2. 2008
Standard for Performance Rating of Unitary Air-Conditioning and Air-
Source Heat Pump Equipment. The rule updates ANSI/ARI 210/240, Unitary
Air-Conditioning and Air Source Heat Pump Equipment. This updated
standard establishes definitions, classifications, test requirements,
rating requirements, minimum data requirements for published ratings,
operating requirements, marking and nameplate data, and conformance
conditions for Unitary Air-Conditioners and Air-Source Unitary Heat
Pumps.
[[Page 75726]]
8. ANSI A135.4-2012. Basic Hardboard. The rule updates ANSI/AHA
A135.4-1995. This updated standard covers requirements and test methods
for water resistance, thickness swelling, modulus of rupture, tensile
strength, surface finish, dimensions, squareness, edge straightness,
and moisture content of five classes of basic hardboard. This standard
requires test methods determined by the ASTM, International where
appropriate and provides methods of identifying hardboard that is
compliant.
9. ANSI/A135.5-2012. Prefinished Hardboard Paneling. The rule
updates ANSI/AHA A135.5-1995. This updated standard covers requirements
and methods of testing for the dimensions, squareness, edge
straightness, and moisture content of prefinished hardboard paneling
and for the finish of the paneling. Methods of identifying products
which conform to ANSI A135.5 are included in the standard.
10. ANSI A135.6-2012. Engineered Wood Siding. The rule updates
ANSI/AHA A135.6-1998. The updated standard sets requirements and
methods of testing for the dimensions, straightness, squareness,
physical properties, and surface characteristics of engineered wood
siding at the time of manufacture.
11. ANSI A208.1-2009. Particleboard. The rule updates ANSI A208.1-
1999. The updated standard sets forth requirements and test methods for
dimensional tolerances, physical and mechanical properties, and
formaldehyde emissions for particleboard. Methods of identifying
products conforming to the standard are specified.
12. ANSI LC 1-2014/CSA 6.26-2014. Fuel gas piping systems using
corrugated stainless steel tubing. The rule updates ANSI/IAS LC 1-1997.
This updated standard provides the applicable requirements for the
installation of natural and propane gas piping systems using corrugated
stainless steel tubing in residential, commercial, or industrial
buildings. This includes requirements for the installation of
corrugated stainless steel piping systems in which portions of the
piping are exposed to the outdoors as required to make connections to
outdoor gas meters or to outdoor gas appliances, which are attached to,
mounted on, or located near the building structure.
13. ANSI Z21.1-2016/CSA 1.1-2016. Household cooking gas appliances.
The rule updates ANSI Z21.1-2000. This updated standard specifies
guidelines for the newly produced household cooking gas appliances
constructed entirely of new, unused parts and materials. These
appliances may be floor-supported or built-in.
14. ANSI Z21.5.1-2015/CSA 7.1-2015. Gas clothes dryers, volume I,
type 1 clothes dryer. The rule updates ANSI Z21.51.1-1999. The updated
standard specifies guidelines for newly produced Type 1 clothes dryers
constructed entirely of new, unused parts and materials for use with
natural gas, manufactured gas, mixed gas, propane gas, LP gas-air
mixtures, and for mobile home installation.
15. ANSI Z21.10.1-2014/CSA 4.1-2014. Gas water heaters, volume I,
storage water heaters with input ratings of 75,000 Btu per hour or
less. The rule updates ANSI Z21.10.1-1998. This updated standard
specifies guidelines for newly produced, automatic storage water
heaters having input ratings of 75,000 Btu/hr (21 980 W) or less,
hereinafter referred to as water heaters or appliances, constructed
entirely of new, unused parts and materials.
16. ANSI Z21.15-2009 (reaffirmed 2019)/CSA 9.1-2009 (reaffirmed
2019). American National Standard/CSA Standard for Manually Operated
Gas Valves for Appliances, Appliance Connector Vales, and Hose End
Valves. The rule updates ANSI Z21.15-1997. This updated standard
applies to manually operated gas valves not exceeding 4 inch (102 mm)
pipe size, and pilot shut-off devices.
17. ANSI Z21.19-2014/CSA 1.4-2014. Refrigerators using gas fuel.
The rule updates ANSI Z21.19-1990. This updated standard specifies
guidelines for gas-fired refrigerators having refrigerated spaces for
storage of foods, storage of foods and making ice, storage of frozen
foods and making ice, or storage of foods and the storage of frozen
foods and making ice. The standard applies to newly produced
refrigerators constructed entirely of new, unused parts and materials.
18. ANSI Z21.20-2014 (reaffirmed 2019)/CAN/CSA C22.2 No. 60730-2-5-
14 (reaffirmed 2019). Automatic electrical controls for household and
similar use--Part 2-5: Particular requirements for automatic electrical
burner control systems. This rule updates ANSI Z21.20. This updated
standard specifies guidelines for newly produced automatic gas ignition
systems and components constructed entirely of new, unused parts and
materials.
19. ANSI Z21.21-2012/CSA 6.5-2012. Automatic valves for gas
appliances. This rule updates ANZI Z21.21-2000. This updated standard
specifies guidelines for newly produced automatic valves constructed
entirely of new, unused parts and materials. These valves may be
individual automatic valves or valves utilized as parts of automatic
gas ignition systems. The standard also applies to commercial/
industrial safety shutoff valves, also referred to as C/I valves.
20. ANSI Z21.23-2000. Gas Appliance Thermostats with ANSI Z21.23a-
2003 and ANSI Z21.23b-2005 Addendums. This rule updates ANSI Z21.23-
1993, which specifies guidelines for newly produced gas appliance
thermostats of the integral gas valve type having a maximum operating
gas pressure of \1/2\ psi (3.5 kPa) or electric type:
a. ANSI Z21.23-2000, Gas Appliance Thermostats, Tenth Edition;
b. ANSI Z21.23a-2003, Addenda to the Tenth Edition of Gas Appliance
Thermostats; and
c. ANSI Z21.23b-2005, Addenda to the Tenth Edition of ANSI Z21.23-
2000 and Addenda Z21.23a-2003: Gas Appliance Thermostats.
21. ANSI Z21.24-2006/CSA 6.10-2006 (reaffirmed 2011). Connectors
for Gas Appliances. The rule updates ANSI Z21.24-1997/CGA 6.10-M97 and
removes the reference to the Canadian Gas Association. This updated
standard specifies guidelines for newly produced gas appliance
connectors constructed entirely of new unused parts and materials,
having nominal internal diameters of \1/4\, \3/8\, \1/2\, \5/8\, \3/4\
and 1 inch, and having fittings at both ends provided with taper pipe
threads for connection to a gas appliance and to house piping.
Guidelines cover assembled appliance connectors not exceeding a nominal
length of six (6) feet (1.83 meters). Connectors listed under this
standard are intended for use with gas appliances not frequently moved
after installation.
22. ANSI Z21.47-2012/CSA 2.3-2012. Standard for Gas-fired central
furnaces. The rule updates ANSI Z21.47. The updated standard contains
new and revised requirements for documentation and testing and sets
forth basic standards for the safe operation, substantial and durable
construction, and acceptable performance of gas-fired central furnaces.
23. ANSI Z97.1-2009e. American National Standard for safety glazing
materials used in buildings--safety performance specifications and
methods of test. The rule updates ANSI Z97.1-2004. This standard
establishes the specifications and methods of test for the safety
properties of safety glazing materials (glazing materials designed to
promote safety and to reduce or minimize the likelihood of cutting and
piercing injuries when the glazing materials are broken by human
contact) as used for all building and architectural
[[Page 75727]]
purposes. The updated standard adds modifications and new material that
add clarity of purpose, intent and procedures. Specifically, sections
have been rewritten and new sections added to provide additional
assurance that the intended safe-break characteristics have been
achieved before a test specimen may be declared compliant. This
reference standard impacts the HUD Code to define safety glazing
materials used in glass and glazed openings such as windows and sliding
glass doors, and hazardous locations requiring safety glazing.
24. APA D510C. Panel Design Specification. The rule replaces APA
D410A-2004, Panel Design Specification, with this standard. This
standard specifies guidelines for newly produced assembled connectors
constructed entirely of new, unused parts and materials.
25. APA E30V. Engineered Wood Construction Guide. The rule updates
APA E30R, Engineered Wood Construction Guide, revised January 2001.
This standard specifies guidelines for the use of engineered wood for
residential and commercial construction. It contains information on APA
performance rated panels, glulam, I-joists, structural composite
lumber, specification practices, floor, wall and roof systems,
diaphragms and shear walls, fire-rated systems, and methods of
finishing.
26. APA H815G. Plywood Design Specification Supplement 5-12, Design
and Fabrication of All-Plywood Beams. The rule updates APA H815E-1995
to APA H815G. This standard presents recommended methods for the design
and fabrication of staple-glued all-plywood beams. Allowable stresses
and other design criteria are provided, as well as guidelines for beam
fabrication.
27. APA S811P. Plywood Design Specification Supplement 1-12, Design
and Fabrication of Plywood Curved Panels. The rule updates APA S811M-
1990. This specification presents the recommended method for the design
and fabrication of curved plywood roof panels spanning between load-
bearing supports so that the stresses developed act circumferentially
around the curve.
28. APA S812S. Plywood Design Specification Supplement 2-12, Design
and Fabrication of Glued Plywood Lumber Beams. The rule updates APA
S812R-1992. This updated specification presents the recommended method
for the design and fabrication of glued plywood and lumber beams.
29. APA U813M. Plywood Design and Specification Supplement 3-12,
Design and Fabrication of Plywood-Stressed Skin Panels. The rule
updates APA U813L-1992. The updated specification presents the
recommended method for the design and fabrication of glued plywood
stressed-skin panels.
30. APA U814J. Plywood Design Specification Supplement 4-12, Design
and Fabrication of Plywood Sandwich Panels. The rule updates APA U
814H. This updated specification presents the recommended method for
the design and fabrication of flat plywood sandwich panels.
31. ANSI/ASHRAE Standard 62.2-2013. Ventilation and Acceptable
Indoor Air Quality in Low-Rise Residential Buildings. The rule updates
ANSI/ASHRAE 62.2. This updated standard describes the minimum
requirements to achieve acceptable indoor air quality via dwelling-unit
ventilation, local demand-controlled exhaust, and source control.
32. ANSI/ASME B1.20.1-2013. Pipe Threads, General Purpose (Inch).
The rule updates ASME B1.20.1. This standard establishes specifications
for wrought copper and wrought copper alloy, solder-joint, seamless
fittings, designed for use with seamless copper tube conforming to ASTM
B88 (water and general plumbing systems), B280 (air conditioning and
refrigeration service), and B819 (medical gas systems), as well as
fittings intended to be assembled with soldering materials conforming
to ASTM B32, brazing materials conforming to AWS A5.8, or with tapered
pipe thread conforming to ASME B1.20.1. This standard is aligned with
ASME B16.18, which covers cast copper alloy pressure fittings, and
provides requirements for fitting ends suitable for soldering. This
standard covers pressure-temperature ratings, abbreviations for end
connections, size and method of designating openings of fittings,
marking, material, dimensions and tolerances, and tests.
33. ANSI/ASME B36.10-2004. Welded and Seamless Wrought Steel Pipe.
The rule updates ASME B36.10. This standard covers the standardization
of dimensions of welded and seamless wrought steel pipe for high or low
temperatures and pressures. The word pipe is used, as distinguished
from tube, to apply to tubular products of dimensions commonly used for
pipeline and piping systems. Pipe NPS 12 (DN 300) and smaller have
outside diameters numerically larger than their corresponding sizes. In
contrast, the outside diameters of tubes are numerically identical to
the size number for all sizes.
34. ASTM A53/A53M-12. Standard Specification for Pipe, Steel,
Black, and Hot-Dipped, Zinc-Coated, Weldless and Seamless. The rule
updates ASTM A53. This specification covers seamless and welded black
and hot-dipped galvanized steel pipe in NPS \1/8\ to NPS 26. The steel
categorized in this standard must be open-hearth, basic-oxygen, or
electric-furnace processed, and must have specified chemical
requirements. Testing requirements for seamless or welded tubing are
provided in this standard.
35. ASTM B42-10. Standard Specification for Seamless Copper Pipe,
Standard Sizes. The rule updates ASTM B42. This specification
establishes the requirements for seamless copper pipe in all nominal
standard pipe sizes, both regular and extra-strong, suitable for use in
plumbing, boiler feed lines, and for similar purposes.
36. ASTM B88-14. Standard Specification for Seamless Copper Water
Tube. The rule updates ASTM B88. The specification covers seamless
copper water tube suitable for general plumbing, applications for the
conveyance of fluids, and use with solder, flared, or compression-type
fittings.
37. ASTM B251-10. Standard Specification for General Requirements
for Wrought Seamless Copper and Copper-Alloy Tube. The rule updates
ASTM B251. This updated specification sets forth the general
requirements for wrought seamless copper and copper-alloy tube.
38. ASTM B280-13. Standard Specification for Seamless Copper Tube
for Air Conditioning and Refrigeration Field Service. The rule updates
ASTM B280. This specification sets forth the requirements for seamless
copper tube intended for use in the connection, repairs, or alterations
of air conditioning or refrigeration units in the field.
39. ASTM C1396/C1396M-14a. Standard Specification for Gypsum Board.
The rule updates ASTM C 36/C 36M. This specification covers gypsum
boards which include the following: gypsum wallboard for use on walls,
ceilings, or partitions and that affords a surface suitable to receive
decoration; predecorated gypsum board for use as the finished surfacing
for walls, ceilings, or partitions; gypsum backing board, coreboard,
and shaftliner board for use as a base in multilayer systems or as a
gypsum stud or core in semisolid or solid gypsum board partitions, or
in shaft wall assemblies; water-resistant gypsum backing board to be
used as a base for the application of ceramic or plastic tile on walls
or ceilings; exterior gypsum soffit board for exterior soffits and
carport ceilings that are completely protected from contact with liquid
water; gypsum sheathing board for use as sheathing on buildings; gypsum
base for veneer plaster; gypsum lath for use
[[Page 75728]]
as a base for gypsum plaster application; and gypsum ceiling board for
interior ceilings and walls.
40. ASTM D4442-07. Standard Test Methods for Direct Moisture
Content Measurement of Wood and Wood Base Materials. The rule updates
ASTM D4442. The test methods cover the determination of the moisture
content of wood, veneer, and other wood-based materials, including
those that contain adhesives and chemical additives.
41. ASTM D4444-13. Standard Test Method for Laboratory
Standardization and Calibration of Hand-Held Moisture Meters. The rule
updates ASTM D4444. These test methods cover the measurement of
moisture content of solid wood products, including those containing
additives (that is, chemicals or adhesives) for laboratory
standardization and calibration of hand-held moisture meters.
42. ASTM E96/E96M-13. Standard Test Methods for Water Vapor
Transmission of Materials. The rule updates ASTM E96. The test methods
cover the determination of water vapor transmission rate of materials,
such as, but not limited to, paper, plastic films, other sheet
materials, coatings, foams, fiberboards, gypsum and plaster products,
wood products, and plastics.
43. ASTM E119-14. Standard Test Method for Fire Tests of Building
Construction and Materials. The rule updates ASTM E119. This standard
contemplates fire test response criteria which is essential for fire
safety. Testing per this standard establishes the duration for which a
specific material or installation can contain a fire. This information
helps to show insurance carriers, contractors, and other parties what
might reasonably be expected in the event of a fire emergency.
44. AWC 2012-Design Values for Joists and Rafters. Design Values
for Joists and Rafters. The rule updates AFPA, Design Values for Joists
and Rafters 1992. This standard provides design values such as bending,
compression, and modulus of elasticity for joists and rafters, and
tabulates allowable bending (Fb) and modulus of elasticity (E) design
values for visually graded and mechanically graded dimension lumber.
45. AWC NDS-2015. NDS: National Design Specification for Wood
Construction. The rule updates ANSI/AFPA NDS. This specification
defines the methods to be followed in structural design with the
following wood products: visually graded lumber, mechanically graded
lumber, structural glued laminated timber, timber piles, timber poles,
prefabricated wood I-joists, structural composite lumber, wood
structural panels, and cross-laminated timber. It also defines the
practice to be followed in the design and fabrication of single and
multiple fastener connections using the fasteners described within it.
a. National Design Specification for Wood Construction, Design
Values for Wood Construction; and
b. NDS Supplement.
46. AWC 2012 Span Tables for Joists and Rafters. Span Tables for
Joists & Rafters. The rule updates AFPA, Span Tables for Joists and
Rafters. This standard provides a simplified system for determining
allowable joist and rafter spans for typical loads encountered in one-
and two-family dwellings and is referenced in the 2012 International
Building Code.
47. ANSI/HPVA HP-1-2009. American National Standard for Hardwood
and Decorative Plywood. The rule updates ANSI/HPVA HP-1. This standard
sets forth the specific requirements for all face, back, and inner ply
grades as well as formaldehyde emissions, moisture content, tolerances,
sanding, and grade marking for hardwood and decorative plywood.
48. IAPMO TS 9-2003. Standard for Gas Supply Connectors for
Manufactured Homes. The rule updates IAPMO TS 9. This standard applies
to connectors for outdoor use consisting of flexible tubing depending
on all-metal construction for gas tightness and having a fitting at
each end provided with tapered pipe threads for connecting manufactured
home gas piping to a manufactured home lot gas outlet or a crossover in
multiple unit manufactured homes.
49. ESR 1539. ICC-ES Evaluation Report: Power Driven Staples and
Nails. The rule updates NER-272, National Evaluation Report. This
document contains design values and allowable load tables for
individual nails and staples as well as for nailed or stapled shear
walls that may not be listed in the Uniform Building Code.
50. NPFA 31. Standard for Installation of Oil Burning Equipment.
The rule updates NFPA 31. This standard sets forth the requirements for
the safe, efficient design and installation of heating appliances that
use a liquid fuel, typically No. 2 heating oil, but also lighter fuels,
such as kerosene and diesel fuel, and heavier fuels, such as No. 4 fuel
oil.
51. NFPA 54/ANSI Z223.1. National Fuel Gas Code. The rule updates
NFPA 54. This standard provides minimum safety requirements for the
design and installation of fuel gas piping systems in homes and other
buildings.
52. NFPA 58. Liquified Petroleum Gas Code. The rule updates NFPA
58. This standard sets forth the requirements for safe liquified
petroleum gas storage, handling, transportation, and use. This standard
mitigates risks and ensures safe installations, to prevent failures,
leaks, and tampering that could lead to fires and explosions.
53. NPFA 70. National Electric Code. This rule updates NFPA 70.
This standard sets forth the requirements for safe electrical design,
installation, and inspection to protect people and property from
electrical hazards. The purpose of this Code is the practical
safeguarding of persons and property from hazards arising from the use
of electricity.
54. NFPA 90B. Standard for the Installation of Warm Air Heating and
Air-Conditioning Systems. The rule updates NFPA 90B. This standard sets
forth the requirements that cover the construction, installation,
operation, and maintenance of systems for warm air heating and air
conditioning, including filters, ducts, and related equipment to
protect life and property from fire, smoke, and gases resulting from
fire or from conditions having manifestations similar to fire.
55. NIST PS-1-09. Voluntary Product Standard: Structural Plywood
(with Typical APA Trademarks). This rule adds this standard for
incorporation by reference. The standard specifies guidelines for
producing, marketing, and specifying plywood for construction and
industrial uses. This standard is available online for review via read-
only, electronic access at <a href="https://www.nist.gov/document/docps1-09structuralplywoodpdf">https://www.nist.gov/document/docps1-09structuralplywoodpdf</a>.
56. SAE J533 (REV SEP2007. (R) Flares for Tubing. The rule updates
SAE J533. This standard covers specifications and performance
requirements for 37[deg] and 45[deg] single and double flares for tube
ends intended for use with SAE J512, SAE J513, SAE J514, and ISO 8434-2
connectors.
57. TPI 1-2007. National Design Standard for Metal Plate Connected
Wood Truss Construction and 2007 Commentary and Appendices. This
standard establishes minimum requirements for the design and
construction of metal-plate-connected wood Trusses. This standard
describes the materials used in a Truss, both lumber and steel, and
design procedures for Truss members and joints:
a. ANSI/TPI 1-2007, National Design Standard for Metal Plate
Connected Wood Truss Construction; and
b. TPI 1-2007 Commentary and Appendices.
[[Page 75729]]
58. UL 103. Standard for Safety Factory-Built for Residential Type
and Building Heating Appliances. The rule updates UL 103. This standard
sets forth the requirements for factory-built chimneys intended for
venting gas, liquid, and solid-fuel fired residential-type appliances
and building heating appliances in which the maximum continuous flue-
gas outlet temperatures do not exceed 1,000 [deg]F (538 [deg]C).
59. UL 109. Tube Fittings for Flammable and Combustible Fluids,
Refrigeration Service, and Marine Use. The rule updates UL 109. This
standard sets forth the requirements that apply to the performance in
flame-exposure tests of flame-resistant fabrics of natural, synthetic
or combination of natural and synthetic fibers, or plastic films
intended for such use as tents, awnings, draperies or decorations.
60. UL 174. Standard for Safety Household Electric Storage Tank
Water Heaters. The rule updates UL 174. This standard sets forth the
requirements for household electric storage tank and small capacity
storage tank water heaters that are rated no more than 600 volts and 12
kilowatts and are to be installed in accordance with the NFPA 70 and
with model plumbing and mechanical codes.
61. UL 181. Standard for Safety Factory Made Air Ducts and
Connectors. The rule updates UL 181. This standard sets forth the
requirements that apply to materials for the fabrication of air duct
and air connector systems for use in accordance with the International
Mechanical Code, International Residential Code, and Uniform Mechanical
Code, Standards of the National Fire Protection Association for the
Installation of Air-Conditioning and Ventilating Systems, NFPA 90A, and
the Installation of Warm Air Heating and Air-Conditioning Systems, NFPA
90B.
62. UL 181A. Standard for Safety Closure Systems for Use with Rigid
Air Ducts. The rule updates UL 181A. This standard sets forth the
requirements that cover closure systems for use with factory-made rigid
air ducts or air connectors complying with the Standard for Factory-
Made Air Ducts and Air Connectors, UL 181.
63. UL 268. Smoke Detectors for Fire Protective Signaling Systems.
This rule updates UL 268. This standard sets forth requirements that
cover smoke detectors intended to be employed in indoor locations in
accordance with the National Fire Alarm Code, NFPA 72.
64. UL 307A. Liquid Fuel-Burning Heating Appliances for
Manufactured Homes and Recreational Vehicles. The rule updates UL 307A.
This standard sets forth requirements that apply to certain types of
liquid fuel-burning appliances intended for installation in
manufactured homes and recreational vehicles, including travel
trailers, camping trailers, truck campers, motor homes, and park
trailers.
65. UL 307B. Gas-Burning Appliances for Manufactured Homes and
Recreational Vehicles. The rule updates UL 307B. This standard sets
forth the requirements that apply to the certain gas fuel-burning
heating appliances.
66. UL 441. Gas Vents. The rule updates UL 441. This standard sets
forth the requirements that cover Types B and BW gas vents and Types B
and BW gas vent roof jacks intended for venting gas appliances equipped
with draft hoods to burn only gas.
67. UL 569. Standard for Safety Pigtails and Flexible Hose
Connectors for LP-Gas. The rule updates UL 569. This standard sets
forth the requirements that cover pigtails and flexible hose connectors
used in the assembly of fuel-supply systems and intended for liquefied
petroleum gas.
68. UL 1042. Standard for Safety Electric Baseboard Heating
Equipment. The rule updates UL 1042. This standard sets forth the
requirements for portable and fixed electric baseboard heating
equipment rated at 600 volts or less, to be employed in ordinary
locations in accordance with NFPA 70.
69. UL 2034. Standard for Safety Single and Multiple Station Carbon
Monoxide Alarms. This rule updates UL 2034. This standard sets forth
the requirements for electrically operated single and multiple station
carbon monoxide alarms intended for protection in ordinary indoor
locations of dwelling units, including manufactured homes.
70. WMDA I.S.4-2009. Industry Specification for Preservative
Treatment for Millwork. The rule updates NWWDA I.S.4. This
specification provides a nationally recognized standard for the water-
repellent preservative treatment for millwork and serves as a basis of
common understanding for producers, preservative formulators,
distributors and users. The standard is also intended to promote fair
competition within the industry and to aid purchasers and users in
obtaining properly treated millwork.
D. Summary of New and Updated Standards
The following is a list of the standards incorporated by reference
that is being revised by this final rule. Each reference standard is
preceded by an indicator to identify the type of change being made. A
new reference standard being added is indicated by the designation
``N'' and a reference standard being updated is indicated by the
designation ``U.'' Reference standards designated ``*'' are not new or
being updated, but have already been codified into the MHCSS and are
being added to a different section of the regulations than the
currently codified regulations. The sections of the MHCSS being amended
by each modification are also shown on the right of each reference
standard being added or updated.
Summary Table of New and Updated IBR Standards Under Sec. 3280.4
[4th/5th Set Final Rule]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Publishing Impacted
Number N/U Standard organization Title Year 3280.4 sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............................. U AAMA 1701.2..... American Voluntary 2012............ (u)(3)............... 3280.403(b) and
Architectural Standard for (e),
Manufacturers Utilization in 3280.404(b) and
Association. Manufactured (e).
Housing for
Primary Window
and Sliding
Glass Doors.
2............................. U AAMA 1702.2..... American Voluntary 2012............ (u)(4)............... 3280.403(e),
Architectural Standard for 3280.405(b) and
Manufacturers Utilization in (e).
Association. Manufactured
Housing for
Swinging
Exterior
Passage Doors.
[[Page 75730]]
3............................. U AAMA 1704....... American Voluntary 2012............ (u)(5)............... 3280.404(b) and
Architectural Standard Egress (e).
Manufacturers Window Systems
Association. for Utilization
in Manufactured
Housing.
4............................. U AAMA/WDMA/CSA American North American 2017............ (r)(1)............... 3280.304(b)(1),
101/I.S.2/A440. Architectural Fenestration 3280.403(b) and
Manufacturers Standard/ (e),
Association/ Specification 3280.404(b) and
Window and Door for Windows, (e),
Manufacturers Doors, and 3280.405(b) and
Association. Skylights. (e).
5............................. U AISC 360........ American Specifications 2010............ (f)(1)............... 3280.304(b)(2),
Institute of for Structural 3280.305(j)(1).
Steel Steel Buildings.
Construction.
6............................. U AISI S100....... American Iron North American 2012............ (g)(1)............... 3280.304(b)(2),
and Steel Specification 3280.305(j)(1).
Institute. for the Design
of Cold-Formed
Steel
Structural
Members.
7............................. U ANSI/AHRI 210/ American Unitary Air- 2008............ (b)(1)............... 3280.511(b),
240 with National Conditioning 3280.703(d)(22)
Addenda 1 and 2. Standards and Air-Source , 3280.714(a).
Institute/Air Heat Pump
Conditioning, Equipment.
Heating, &
Refrigeration
Institute.
8............................. U ANSI A135.4..... American Basic Hardboard. 2012............ (q)(1)............... 3280.304(b)(3).
National
Standards
Institute.
9............................. U ANSI A135.5..... American Prefinished 2012............ (q)(2)............... 3280.304(b)(3).
[…truncated; see source link]Indexed from Federal Register on September 16, 2024.
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