Rule2024-30216
Revisions to the Smoke Alarm Requirements in the Section 515 Rural Rental Housing and Section 514/516 Farm Labor Housing Direct Loan Programs
Primary source
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Published
December 19, 2024
Effective
January 21, 2025
Issuing agencies
Agriculture DepartmentRural Housing Service
Abstract
The Rural Housing Service (RHS or Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), is amending its regulation to implement changes related to the smoke alarm requirements for properties that receive funding from the Multi-Family Housing Section 515 Rural Rental Housing and the Section 514/516 Farm Labor Housing Direct Loan and Grant Programs. These changes are intended to align the Agency's smoke alarm requirements with the requirements set forth in the Consolidated Appropriations Act, 2023. The Consolidated Appropriations Act, 2023, requires each unit of Federally assisted housing to contain hardwired or 10-year non- rechargeable, non-replaceable, sealed, tamper-resistant, primary battery-powered smoke alarm devices containing silencing means, and provides notification for persons with hearing loss as required by applicable law (Qualifying Smoke Alarm requirements).
Full Text
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<title>Federal Register, Volume 89 Issue 244 (Thursday, December 19, 2024)</title>
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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Rules and Regulations]
[Pages 103627-103631]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30216]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 /
Rules and Regulations
[[Page 103627]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
7 CFR Part 3560
[Docket No RHS-24-MFH-0035]
RIN 0575-AD35
Revisions to the Smoke Alarm Requirements in the Section 515
Rural Rental Housing and Section 514/516 Farm Labor Housing Direct Loan
Programs
AGENCY: Multi-Family Housing, Rural Housing Service, U.S. Department of
Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: The Rural Housing Service (RHS or Agency), a Rural Development
(RD) agency of the United States Department of Agriculture (USDA), is
amending its regulation to implement changes related to the smoke alarm
requirements for properties that receive funding from the Multi-Family
Housing Section 515 Rural Rental Housing and the Section 514/516 Farm
Labor Housing Direct Loan and Grant Programs. These changes are
intended to align the Agency's smoke alarm requirements with the
requirements set forth in the Consolidated Appropriations Act, 2023.
The Consolidated Appropriations Act, 2023, requires each unit of
Federally assisted housing to contain hardwired or 10-year non-
rechargeable, non-replaceable, sealed, tamper-resistant, primary
battery-powered smoke alarm devices containing silencing means, and
provides notification for persons with hearing loss as required by
applicable law (Qualifying Smoke Alarm requirements).
DATES: This final rule is effective January 21, 2025.
FOR FURTHER INFORMATION CONTACT: Barbara Chism, Multi-Family Housing
Asset Management Division, Rural Housing Service, 1400 Independence
Avenue SW, Washington DC 20250-0782, Telephone: (202) 690-1436; Email:
<a href="/cdn-cgi/l/email-protection#aeeccfdccccfdccf80edc6c7ddc3eedbddcacf80c9c1d8"><span class="__cf_email__" data-cfemail="2c6e4d5e4e4d5e4d026f44455f416c595f484d024b435a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The RHS offers a variety of programs to build or improve housing
and essential community facilities in rural areas. RHS offers loans,
grants, and loan guarantees for single- and multi-family housing,
childcare centers, fire and police stations, hospitals, libraries,
nursing homes, schools, first responder vehicles and equipment, and
housing for farm laborers. RHS also provides technical assistance loans
and grants in partnership with non-profit organizations, Indian tribes,
State and Federal Government agencies, and local communities.
Title V of the Housing Act of 1949 authorized the USDA to make
housing loans to farmers to enable them to provide habitable dwellings
for themselves or their tenants, lessees, sharecroppers, and laborers.
The USDA then expanded opportunities in rural areas, making housing
loans and grants to rural residents through the Single-Family Housing
(SFH) and Multi-Family Housing (MFH) Programs.
The RHS administers the MFH section 515 Rural Rental Housing Direct
Loan Program under 7 CFR part 3560, subpart B. The Section 515 program
employs a public-private partnership by providing subsidized loans at
an interest rate of one percent to developers to construct or renovate
affordable rental complexes in rural areas. This one percent loan keeps
the debt service on the property sufficiently low to support below-
market rents affordable to low-income tenants. Many of these projects
also utilize other Federal, State, and local funding sources and rental
subsidies such as HUD's Section 8 and low-income housing tax credit
proceeds.
The RHS also operates the MFH Farm Labor Housing Direct Loan and
Grant Program under sections 514 and 516 set forth in 7 CFR part 3560,
subparts L and M. The MFH Farm Labor Housing Direct Loan and Grant
Program provides low interest loans and grants to provide housing for
farmworkers. These eligible farmworkers may either live and work at the
borrower's farm, including seasonal and migrant workers (``on-farm''),
or they may live away from the farm (``off-farm'').
Under the current regulation, borrowers are required to install and
maintain smoke alarms in all dwelling units, common use areas, and
other spaces in all residential buildings included as security for
Agency financed loans and grants. Borrowers must also ensure that smoke
alarms are properly located to protect tenant safety and the value of
the Agency's asset. Failure to maintain adequate smoke alarms may lead
to injury of persons, damage to property, or a non-monetary loan
default.
II. Purpose of This Regulatory Action
On December 29, 2022, the President signed into law the
Consolidated Appropriations Act, 2023 (Pub. L. 117-328) (Act), which
incorporated The Public and Federally Assisted Housing Fire Safety Act,
2022, which requires each unit and common use areas of Federally
assisted housing to contain hardwired or 10-year non-rechargeable,
sealed, tamper-resistant primary battery-powered smoke alarm devices,
as well as other items. The Act further amended the Housing Act of
1949, to implement these new smoke detector requirements for Section
515 Rural Rental Housing and Section 514/516 Farm Labor Housing Direct
Loan Programs Public Law 117-328, div. AA, title VI, sec. 601. This
final rule will implement the requirements the Act which is intended
to: (1) align the smoke alarm requirements with more stringent
requirements for Federally assisted housing industry standards; (2)
increase the safety of tenants and visitors at properties; (3) reduce
the risk of losing available affordable housing units in rural
communities due to uninhabitability caused by smoke and fire damage as
a result of outdated smoke alarm devices; and (4) provide the Agency
with additional protection from the loss of its security value.
Discussion of the Public Comments
RHS published a proposed rule on January 8, 2024 [89 FR 892], in
the Federal Register to solicit comments on the proposed changes to 7
CFR part 3560 of subpart B and 7 CFR 3560.103(a)(3)(xx) of subpart C
related to smoke alarm requirements for Section 515 Rural Rental
Housing and Section 514/516 Farm Labor Housing Direct Loan and Grant
Programs. The comment period ended on March 8, 2024. No
[[Page 103628]]
changes were made in this final rule as a result of public comments.
RHS received comments from sixteen respondents. Commenters included
three anonymous, nine private individuals, two property management
agencies, one housing authority, and one national trade association. In
addition, two comments from respondents were submitted in duplicate.
Each comment is addressed, and duplicates are addressed in one
statement.
The comments the Agency received are summarized as follows:
Public Comment: Two anonymous, four individuals, and one property
management agent respondents expressed full support for the proposed
rule.
Agency's Response: The Agency appreciates the respondents' support
and has determined that no action is required.
Public Comment: Two individual respondents expressed concern for
the poor and substandard living conditions and safety of farmworker
housing in America and ensuring that smoke alarms in Federally assisted
housing are installed identically, legally, and safely. The comment
stated it would be beneficial to apply this rule to temporary labor
camp housing as well, if not already intended to be included.
Agency's Response: The Agency appreciates the respondent's position
and acknowledges the concern. The Agency does not fund temporary labor
camp housing. The housing funded by the Agency's MFH Farm Labor Housing
Direct Loan and Grant Program is intended for year-round and seasonal
residential use by farmworkers. The Agency's farmworker housing, which
is subject to the Qualifying Smoke Alarm requirements, contains
appropriate furnishings and equipment, and is routinely inspected by
the Agency to ensure it is maintained in a decent, safe, and sanitary
manner.
Public Comment: One individual respondent expressed concern for
flammable substances often involved in agricultural processes, and that
the minimal cost to purchase and install smoke detectors far outweighs
the monetary and physical consequences of a fire without an alarm
system.
Agency's Response: The Agency appreciates the respondent's support
and has determined that no action is required.
Public Comment: One individual respondent expressed concern about
the Agency's efforts to improve outdated policies to improve conditions
for farm labor housing residents, and how this rule will be implemented
and enforced.
Agency's Response: The Agency appreciates the respondent's concern.
The Agency implements regulations, policies and procedures with a focus
to protect the health and safety of residents in its properties,
including policies aimed at improving living conditions for farm labor
housing residents. The Agency's routine physical inspections
historically show that farm labor housing properties are currently in
compliance with the smoke alarm requirements. With the effective date
of this rule, properties found to be out of compliance with Qualifying
Smoke Alarm requirements will be given written notice of a 30-day
period to resolve the violation, which is considered a health and
safety violation requiring immediate action. The Agency makes every
effort to work closely with property owners and management agents to
resolve any outstanding compliance issues prior to recommending legal
action and levying monetary penalties.
Public Comment: One individual respondent expressed the concern
that combining smoke and carbon monoxide detectors should be prohibited
in all USDA Housing Programs because each device requires opposite
positioning to be effective.
Agency's Response: The Agency appreciates the respondent's position
and acknowledges the concern. Although this rule does not address a
combined installation of smoke and carbon monoxide detectors, the
Agency will take the respondent's comment under advisement as future
fire and smoke alarm policies are developed.
Public Comment: One anonymous respondent expressed concern for the
steady rate of increased housing repair and replacement costs in the
affordable housing industry due to demand/supply constraints in the
market for labor and materials. The respondent stated that the proposed
rule aligns with more stringent requirements for smoke alarms, and that
the Agency should prioritize ensuring that every home within the scope
of the MFH Program has a reliable smoke alarm.
Agency's Response: The Agency appreciates the respondent's position
and acknowledges the concern. The Agency endeavors to utilize current
programs for assisting owners to obtain needed affordable funding
sources for housing repair and replacement costs and has determined
that no action is required. The Consolidated Appropriations Act, 2023
requires that all dwelling units rehabilitated or repaired with a loan
made or insured under the Act shall contain Qualifying Smoke Alarms
that are installed in accordance with applicable codes and standards.
Public Comment: The housing authority respondent expressed concerns
that the proposed rule does not include funding to purchase and install
the required equipment. This creates a financial burden on the project.
To implement this requirement, other necessary repairs will likely be
sidelined when having to decide how to fund everything needed by the
project.
Agency's Response: The Agency appreciates the respondent's position
and acknowledges the concerns regarding the costs associated with this
requirement. Except for a select number of properties not in compliance
and in need of substantial replacements, the Agency does not consider
the overall cost to upgrade to be substantial. The cost of upgrading to
the Qualifying Smoke Alarm is an eligible expense that may be paid from
the property's operating funds. The Agency will utilize existing
servicing methods to assist borrowers experiencing a financial hardship
to ensure compliance with this rule.
Public Comment: A national trade association respondent expressed
their commitment to supporting technological advancements and changes
to national consensus codes and standards that will increase the number
of operational smoke alarms in U.S. homes. The respondent's position is
that consumers should be free to choose which smoke alarms are present
in their homes, provided those devices comply with consensus codes and
standards. The respondent does not support legislation that attempts to
mandate one type of life safety technology at the exclusion of other
important technologies.
Agency's Response: The Agency appreciates the respondent's position
and acknowledges the concern. Federally funded residential properties
must comply with established Federal and local fire protection laws and
standards, at a minimum. The Agency does not preclude borrowers and
management agents from purchasing and installing life saving features
that exceed the minimum Federal requirements. The Agency is mandating
this type of life safety technology for buildings that are Federally
funded to comply with established Federal and local fire protection
laws and standards. This will ensure that safe and uniform lifesaving
notification methods are consistently being used at all times. RHS is
required to abide by the latest statutes and regulations and as new
life saving technologies become available and are Federally adopted,
the Agency
[[Page 103629]]
will comply. In addition, the Agency will take the recommendation of
additional policy guidance promoting monthly testing, and the
installation of extra life safety technologies not supported by 10-year
batteries, such as Low-Frequency Audible Alarms (Enhanced Waking
Effectiveness), Multiple Sensing Technology Alarms, Control Units, and
Interconnection if it exceeds Federally mandated requirements under
advisement.
Public Comment: One property management agency respondent expressed
concern that the rule as proposed by RD is incorrectly stated. The
Consolidated Appropriations Act, 2023 requires smoke detectors to
provide notification for persons with hearing loss, whereas the Public
and Federally Assisted Housing Fire and Safety Act of 2022 does not.
Respondent questions the sensibility of requiring all units in the
housing development to contain a notification system for individuals
with hearing loss regardless of whether a non-hearing loss household
occupies the unit. Also, the rule should define what RD considers
``Substantially Rehabilitated'' for purposes of requiring hardwired
smoke detectors. The cost of implementing the rule without funding
provided for in title VI section 601(g) of the Appropriations Act
creates a significant cost for older properties already struggling.
USDA should state in its rule how it will reimburse properties for the
cost of complying with the requirements or allow owners to opt out of
the program.
Agency's Response: The Agency appreciates the commenters remarks
and has stated the final rule as presented in title VI, section
601(e)(3)(B)(ii) of the Consolidated Appropriations Act, 2023 and
affirms the Qualifying Smoke Alarm Definition in the final Smoke Alarm
rule mirrors that of the Housing Act of 1949, as amended. The Agency
has determined that the language in the final rule informs that only
units housing an individual with hearing loss must contain a
notification system.
III. Summary of Changes
The final changes are as follows:
1. A new paragraph (e) will be added to Sec. 3560.60 that cross-
references Sec. 3560.103(a)(3)(xx), which includes the Qualifying
Smoke Alarm requirements that a smoke alarm must contain hardwired or
10-year non-rechargeable, non-replaceable, sealed, tamper-resistant,
primary battery-powered smoke alarm devices containing silencing means,
and provides notification for persons with hearing loss as required by
applicable law.
2. The new Qualifying Smoke Alarm requirements will be added to
Sec. 3560.103(a)(3)(xx) which will set forth the new requirements that
are cross-referenced in Sec. 3560.60.
IV. Regulatory Information
Statutory Authority
The changes in this final rule are authorized under the
Consolidated Appropriations Act, 2023, (Pub. L. 117-328), div. AA,
title VI, sec. 601 and is authorized under sections 514(k), 515(m), and
516(c) of title V of the Housing Act of 1949, as amended; 42 U.S.C.
1480 et seq.; and implemented under 7 CFR part 3560.
Executive Order 12372, Intergovernmental Review of Federal Programs
These loans are subject to the provisions of Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. RHS conducts intergovernmental consultations for each loan
in accordance with 2 CFR part 415, subpart C.
Executive Order 12866, Regulatory Planning and Review
This final rule has been determined to be non-significant and,
therefore, was not reviewed by the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988, Civil Justice Reform
This final rule has been reviewed under Executive Order 12988. In
accordance with this rulemaking: (1) Unless otherwise specifically
provided, all State and local laws that conflict with this rulemaking
will be preempted; (2) no retroactive effect will be given to this
rulemaking except as specifically prescribed in the rule; and (3)
administrative proceedings of the National Appeals Division of the
Department of Agriculture (7 CFR part 11) must be exhausted before
suing in court that challenges action taken under this rulemaking.
Executive Order 13132, Federalism
The policies contained in this final rule do not have any
substantial direct effect on states, on the relationship between the
National Government and the states, or on the distribution of power and
responsibilities among the various levels of government. This final
rule does not impose substantial direct compliance costs on State and
local governments; therefore, consultation with states is not required.
Executive Order 13175, Consultation and Coordination With Indian
Governments
Executive Order 13175 imposes requirements on RHS in the
development of regulatory policies that have Tribal implications or
preempt Tribal laws. RHS has determined that the final rule does not
have a substantial direct effect on one or more Indian tribe(s) or on
either the relationship or the distribution of powers and
responsibilities between the Federal Government and Indian tribes.
Thus, this final rule is not subject to the requirements of Executive
Order 13175. If Tribal leaders are interested in consulting with RHS on
this rulemaking, they are encouraged to contact USDA's Office of Tribal
Relations or RD's Tribal Coordinator at: <a href="/cdn-cgi/l/email-protection#e0a1a9a1aea095938481ce878f96"><span class="__cf_email__" data-cfemail="dd9c949c939da8aeb9bcf3bab2ab">[email protected]</span></a> to request such
a consultation.
Administrative Pay-As-You-Go-Act of 2023
The Administrative Pay-As-You-Go-Act of 2023 (Act) (See Fiscal
Responsibility Act of 2023, Pub. L. 118-5, 137 Stat 31, div. B, title
III) requires the U.S. Government Accountability Office (GAO) to assess
agency compliance with the Act, which establishes requirements for
administrative actions that affect direct spending, in GAO's major rule
reports. The Act does not apply to this rule because it does not
increase direct spending.
Assistance Listing
The programs affected by this regulation are listed in the
Assistance Listing Catalog (formerly Catalog of Federal Domestic
Assistance) under number 10.415-Rural Rental Housing Loans, 10.427-
Rural Rental Assistance Payments, 10.405-Farm Labor Housing Loans and
Grants.
Civil Rights Impact Analysis
Rural Development has reviewed this final rule in accordance with
USDA Regulation 4300-004, Civil Rights Impact Analysis, to identify any
major civil rights impacts the final rule might have on program
participants on the basis of age, race, color, national origin, sex, or
disability. After review and analysis of the final rule and available
data, it has been determined that implementation of the rulemaking will
not adversely or disproportionately impact very low, low- and moderate-
income populations, minority populations, women, Indian tribes, or
[[Page 103630]]
persons with disability by virtue of their race, color, national
origin, sex, age, disability, or marital or familial status. No major
civil rights impact is likely to result from this final rule.
E-Government Act Compliance
RD is committed to the E-Government Act, which requires Government
agencies in general to provide the public the option of submitting
information or transacting business electronically to the maximum
extent possible.
National Environmental Policy Act
This final rule has been reviewed in accordance with 7 CFR part
1970, subpart A, ``Environmental Policies.'' RHS determined that this
action does not constitute a major Federal action significantly
affecting the quality of the environment. In accordance with the
National Environmental Policy Act of 1969, Public Law 91-190, an
Environmental Impact Statement (EIS) is not required.
Paperwork Reduction Act
The information collection requirements contained in this final
rule have been approved by OMB and have been assigned OMB control
number 0575-0189. This final rule contains no new reporting and
recordkeeping requirements that would require approval under the
Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).
Regulatory Flexibility Act
This final rule has been reviewed with regard to the requirements
of the Regulatory Flexibility Act (5 U.S.C. 601-612). The undersigned
has determined and certified by signature on this document that this
final rule will not have a significant economic impact on a substantial
number of small entities since this rulemaking action does not involve
a new or expanded program nor does it require any more action on the
part of a small business than required of a large entity.
Unfunded Mandates Reform Act (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
Governments and on the private sector. Under section 202 of the UMRA,
Federal agencies generally must prepare a written statement, including
cost-benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, or Tribal
Governments, in the aggregate, or to the private sector, of $100
million or more in any one year. When such a statement is needed for a
rule, section 205 of the UMRA generally requires a Federal agency to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, more cost-effective, or least burdensome
alternative that achieves the objectives of the rule.
This final rule contains no Federal mandates (under the regulatory
provisions of title II of the UMRA) for State, local, and Tribal
Governments or for the private sector. Therefore, this final rule is
not subject to the requirements of sections 202 and 205 of the UMRA.
Non-Discrimination Policy
In accordance with Federal civil rights laws and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Mission Areas, agencies, staff offices, employees, and institutions
participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation,
disability, age, marital status, family/parental status, income derived
from a public assistance program, political beliefs, or reprisal or
retaliation for prior civil rights activity, in any program or activity
conducted or funded by USDA (not all bases apply to all programs).
Remedies and complaint filing deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, staff office; or the Federal Relay
Service at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at <a href="https://www.usda.gov/sites/default/files/documents/ad-3027.pdf">https://www.usda.gov/sites/default/files/documents/ad-3027.pdf</a> from any USDA office, by calling (866) 632-
9992, or by writing a letter addressed to USDA. The letter must contain
the complainant's name, address, telephone number, and a written
description of the alleged discriminatory action in sufficient detail
to inform the Assistant Secretary for Civil Rights (ASCR) about the
nature and date of an alleged civil rights violation. The completed AD-
3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#0d7d7f626a7f6c60236463796c66684d787e696c236a627b"><span class="__cf_email__" data-cfemail="3c4c4e535b4e5d51125552485d57597c494f585d125b534a">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Severability
It is USDA's intention that the provisions of this final rule shall
operate independently of each other. In the event that this rule or any
portion is ultimately declared invalid or stayed as to a particular
provision, it is USDA's intent that the rule nonetheless be severable
and remain valid with respect to those provisions not affected by a
declaration of invalidity or stayed. USDA concludes it would separately
adopt all of the provisions contained in this final rule. USDA is an
equal opportunity provider, employer, and lender.
List of Subjects in 7 CFR Part 3560
Accounting, Administrative practice and procedure, Aged, Conflicts
of interest, Government property management, Grant programs--housing
and community development, Insurance, Loan programs--agriculture, Loan
programs--housing and community development, Low- and moderate-income
housing, Migrant labor, Mortgages, Nonprofit organizations, Public
housing, Rent--subsidies, Reporting and recordkeeping requirements,
Rural areas.
For the reasons set forth in the preamble, Rural Housing Service
amends 7 CFR part 3560 as follows:
PART 3560--DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS
0
1. The authority citation for part 3560 continues to read as follows:
Authority: 42 U.S.C. 1480.
Subpart B--Direct Loan and Grant Origination
0
2. Amend Sec. 3560.60 by adding paragraph (e) to read as follows:
Sec. 3560.60 Design requirements.
* * * * *
(e) Applicable codes and standards. All housing and related
facilities must meet the Qualifying Smoke Alarm requirements in Sec.
3560.103(a)(3)(xx).
[[Page 103631]]
Subpart C--Borrower Management and Operations Responsibilities
0
3. Amend Sec. 3560.103 by revising and republishing paragraph
(a)(3)(xx) to read as follows:
Sec. 3560.103 Maintaining housing projects.
(a) * * *
(3) * * *
(xx) Smoke alarms. The housing project must have Qualifying Smoke
Alarms which are installed in accordance with applicable codes and
standards as set forth in sections 514(k), 515(m), and 516(c) of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.), in each level and in or
near each sleeping area in such dwelling unit, including in basements
but excepting crawl spaces and unfinished attics, and in each common
area in a project containing such a dwelling unit.
(A) Dwelling units built before December 29, 2022, and not
substantially rehabilitated after December 29, 2022, smoke alarms must:
(1) Be hardwired; or
(2) Use 10-year non rechargeable, nonreplaceable primary batteries,
(i) Be sealed,
(ii) Tamper resistant,
(iii) Contain silencing means; and
(3) Provide notification for persons with hearing loss as required
by applicable standards set forth in sections 514(k), 515(m), and
516(c) of the Housing Act of 1949 (42 U.S.C. 1471 et seq.).
(B) Dwelling units built or substantially rehabilitated after
December 29, 2022; smoke alarms must be hardwired.
* * * * *
Joaquin Altoro,
Administrator, Rural Housing Service.
[FR Doc. 2024-30216 Filed 12-18-24; 8:45 am]
BILLING CODE 3410-XV-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.