70016 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 3280 

[Docket No. FR–4886–P–01] 

RIN 2502–AI12 

Manufactured Home Construction and 

Safety Standards

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD.

ACTION: Proposed rule.

SUMMARY: This proposed rule would 

amend the Federal Manufactured Home 

Construction and Safety Standards (the 

Construction and Safety Standards) by 

adopting recommendations made to 

HUD by the Manufactured Housing 

Consensus Committee (MHCC). The 

National Manufactured Housing 

Construction and Safety Standards Act 

of 1974 (the Act) requires HUD to 

publish in the Federal Register any 

proposed revised Construction and 

Safety Standard submitted by the 

MHCC. The MHCC has prepared and 

submitted to HUD its first group of 

recommendations to improve various 

aspects of the Construction and Safety 

Standards. HUD has reviewed those 

proposals and is in agreement with all 

but a few of the recommendations made 

by the MHCC. The recommendations on 

which the MHCC and HUD agree are 

being published here to provide notice 

of the proposed revisions and an 

opportunity for public comment. HUD 

is also publishing and inviting comment 

on the MHCC’s proposed revisions that 

HUD did not accept, HUD’s reasons for 

not accepting the proposals, and HUD’s 

recommended modifications to these 

proposals.

DATES: Comment Due Date: January 31, 

2005.

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this rule to the Regulations Division, 

Office of General Counsel, Room 10276, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington, DC 20410–0500. Interested 

persons may also submit comments 

electronically through either: 

• The Federal eRulemaking Portal at: 

http://www.regulations.gov; or 

• The HUD electronic Web site at: 

http://www.epa.gov/feddocket. Follow 

the link entitled View Open HUD 

Dockets. Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

Facsimile (FAX) comments are not 

acceptable. In all cases, communications 

must refer to the docket number and 

title. All comments and 

communications submitted will be 

available, without revision, for public 

inspection and copying between 8 a.m. 

and 5 p.m. weekdays at the above 

address. Copies are also available for 

inspection and downloading at http://

www.epa.gov/feddocket.

FOR FURTHER INFORMATION CONTACT:

William W. Matchneer III, 

Administrator, Office of Manufactured 

Housing Programs, Room 9164, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington DC 20410; telephone (202) 

708–6401 (this is not a toll free number). 

Persons with hearing or speech 

impairments may access this number 

via TTY by calling the toll free Federal 

Information Relay Service at 800–877–

8389.

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Manufactured Housing 

Construction and Safety Standards Act 

of 1974 (42 U.S.C. 5401–5426) (the Act) 

authorizes HUD to establish and amend 

the Federal Manufactured Home 

Construction and Safety Standards (the 

Construction and Safety Standards) 

codified in 24 CFR part 3280. The Act 

was amended in 2000 by expanding its 

purposes and creating the Manufactured 

Housing Consensus Committee (MHCC). 

As amended, the purposes of the Act 

(enumerated at 42 U.S.C. 5401) are ‘‘(1) 

to protect the quality, durability, safety, 

and affordability of manufactured 

homes; (2) to facilitate the availability of 

affordable manufactured homes and to 

increase homeownership for all 

Americans; (3) to provide for the 

establishment of practical, uniform, and, 

to the extent possible, performancebased Federal construction standards for 

manufactured homes; (4) to encourage 

innovative and cost-effective 

construction techniques for 

manufactured homes; (5) to protect 

residents of manufactured homes with 

respect to personal injuries and the 

amount of insurance costs and property 

damages in manufactured housing; (6) 

to establish a balanced consensus 

process for the development, revision, 

and interpretation of Federal 

construction and safety standards for 

manufactured homes and related 

regulations for the enforcement of such 

standards; (7) to ensure uniform and 

effective enforcement of Federal 

construction and safety standards for 

manufactured homes; and (8) to ensure 

that the public interest in, and need for, 

affordable manufactured housing is duly 

considered in all determinations 

relating to the Federal standards and 

their enforcement.’’

In addition, the amended Act 

generally requires HUD to establish 

Construction and Safety Standards that 

are reasonable and practical, meet high 

standards of protection, and are 

performance-based and objectively 

stated. In part to assist HUD, Congress 

established the MHCC to develop and 

review amendments to the Construction 

and Safety Standards. The Act provides 

specific procedures (42 U.S.C. 5403) for 

amending the Construction and Safety 

Standards. 

After the passage of amendments to 

the Act in 2000, HUD, in accordance 

with the mandate of the Act, issued a 

request for proposals to interested 

organizations to be the ‘‘Administrative 

Organization’’ to administer the 

operation of the MHCC and the 

Construction and Safety Standards 

development process. After evaluating 

all the proposals, HUD selected and 

entered into a contract with the National 

Fire Protection Association (NFPA) to 

be the Administrative Organization. 

Following NFPA’s selection and 

pursuant to the Act, HUD (assisted by 

NFPA) appointed the 21 voting 

members of the MHCC, seven in each of 

the following categories: Producers, 

Users, and General Interest and Public 

Officials, as well as one nonvoting 

member to represent HUD. 

The MHCC held its first meeting in 

August of 2002 and began work on 

reviewing recommendations for 

revisions to the Construction and Safety 

Standards previously submitted to HUD 

by the NFPA. These recommendations 

were developed pursuant to NFPA’s 

own consensus process. The MHCC 

developed its own priorities from those 

NFPA recommendations and approved, 

as part of its consensus standards 

development process, revisions to the 

Construction and Safety Standards and 

submitted them to HUD. HUD has 

reviewed the proposed revised 

Construction and Safety Standards 

recommended by the MHCC and is in 

agreement with almost all of them. The 

following is a discussion of the 

proposed revisions to the Construction 

and Safety Standards followed by an 

explanation of the few proposals that 

HUD is rejecting or modifying. 

II. Proposed Changes 

The proposed rule would amend the 

following sections of the Construction 

and Safety Standards and revise the 

incorporation by reference of the 

indicated reference standards. 

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A. Whole-House Ventilation 

The proposed rule would amend 

§ 3280.103(b) by simplifying the 

requirements for sizing whole-house 

ventilation systems of manufactured 

homes. The rule would establish a 

minimum and maximum capacity for 

these systems, permit a bath exhaust fan 

capable of meeting certain requirements 

to be the whole-house ventilation 

system, no longer accept passive-only 

systems, require operating instructions 

for the system to be included in the 

consumer manual, and require the 

operating switch to be identified with a 

label. 

HUD is proposing to establish a 

maximum capacity limit for the 

ventilation systems to prevent possible 

excessive energy consumption. 

However, HUD is seeking input to 

determine if a mandated upper limit is 

needed or if an upper limit on fan 

capacity could have other unanticipated 

adverse impacts on furnace fan or other 

ventilation systems. 

The proposed rule would provide for 

an alternative whole-house system by 

making it acceptable to utilize the 

bathroom exhaust fan as the wholehouse ventilation system’s exhaust, thus 

eliminating the need for and cost of an 

additional exhaust fan. It would require 

quiet and more durable bathroom 

exhaust fans that would eliminate noisy 

ventilation systems which are often not 

operated by occupants as intended, 

thereby limiting their effectiveness. The 

proposed rule would also improve the 

longevity of bathroom exhaust fans 

when used as whole-house ventilation 

systems and be expected to reduce 

service calls and premature failures, 

while making the systems more 

acceptable to occupants. 

Consumer education regarding the 

operation and purpose of whole-house 

ventilation systems is important to 

ensuring their use by occupants. 

Accordingly, the proposed rule would 

also require instructions for the proper 

operation of the whole-house 

ventilation system and refer the 

occupants to a label that identifies the 

control that operates the system. 

No passive system has been shown to 

provide on-demand whole-house 

ventilation, except in combination with 

a mechanical driving force. Passive 

ventilation without mechanical 

ventilation relies on stack and wind 

effects, which are not always present 

when ventilation is required. 

The proposed rule would also provide 

reasonable positive and negative 

pressure limits that a system might 

create inside the home to ensure that the 

current zone related requirements can 

be evaluated. 

B. Firestopping 

The proposed rule amending 

§ 3280.206 would change the term 

‘‘Firestopping’’ to ‘‘Fireblocking’’ to be 

consistent with current building code 

terminology and application. The 

proposed rule would also replace and 

clarify existing language to better define 

locations where fireblocking is required. 

However, HUD did not accept a portion 

of the MHCC proposed revised 

Construction and Safety Standard that 

would permit mineral wool or loose fill 

insulation to be considered an 

acceptable fireblocking material or 

allow insulating materials to protect 

penetrations around openings in furnace 

or water heater compartments. (See 

discussion of ‘‘Rejected or Modified 

Construction and Safety Standards.’’) 

C. Body and Frame Requirements

The proposed rule would streamline 

the process for implementing alternative 

testing procedures by amending 

§ 3280.303(g) to eliminate the 

requirement that a manufacturer submit 

alternative testing procedures to HUD 

except, as discussed below, for onepiece metal roofing. This is based on the 

following considerations: (1) 

Manufacturers and their consultants 

generally are qualified and capable of 

creating alternative test procedures, (2) 

that all such procedures are reviewed 

and approved by the manufacturer’s 

Design Approval Primary Inspection 

Agency (DAPIA) prior to acceptance and 

(3) that once approved by the DAPIA 

these procedures would also be subject 

to review by HUD. HUD is seeking 

comments on whether the final approval 

of alternate test methods should be 

solely delegated to DAPIAs as would be 

permitted by this proposal or if DAPIAs 

should only be allowed to provisionally 

approve the test method subject to 

HUD’s approval, if the proposal should 

include provisions for rejection of 

alternative tests by HUD upon 

subsequent review of the approval by 

the DAPIA, and whether this practice 

could have an adverse effect on 

enforcing the Construction and Safety 

Standards. 

HUD is modifying an MHCC proposal 

that would amend § 3280.305(c)(1)(ii) by 

adding a footnote to the table in (B) to 

permit the use of certain one-piece 

metal roofing without structural 

sheathing in the high wind area zones 

II and III. (See discussion of Rejected or 

Modified Construction and Safety 

Standards.) 

The proposed revised Construction 

and Safety Standards would amend 

§ 3280.305(c)(3)(i) by adding paragraphs 

(A), (B) and (C) by clarifying where 

middle and north zone roof load 

requirements would be applicable. 

These revisions would designate 

counties in certain states within the 

south or middle roof load zones where 

higher middle or north zone roof loads 

would be required. The current roof 

load zone map does not clearly 

delineate the borders between zones by 

using recognized geographic boundaries 

such as counties. 

The proposed rule would amend 

§ 3280.305(c)(3) by incorporating a new 

paragraph (iv) to add a roof load 

requirement for skylights to meet the 

roof load requirements of the zone for 

which it is designed. The Construction 

and Safety Standards currently contain 

no unique roof load requirements for 

skylights. The proposed new section 

would require that skylights be tested

and listed to comply with the 

requirements of the American 

Architectural Manufacturers 

Association’s standard AAMA 1600/

I.S.7. 

The proposed rule would amend 

§ 3280.305(e) to clarify the required 

performance of fasteners and the 

connecting mechanisms for joining the 

major structural elements of 

manufactured homes and would specify 

a continuous load path for imposed 

forces to the homes foundation/

anchorage system. The proposed rule 

would also clarify the application of the 

requirements to ensure that number, 

type of fasteners and materials used be 

capable of transferring all forces 

between elements. 

The proposed rule would amend 

§ 3280.305(e)(2) by reducing the 

minimum thickness requirements for 

steel strapping or brackets required in 

wind zones II and III from 26 gage 

(0.0179’’) to 0.016.’’ According to 

engineering analysis, the reduction in 

thickness should not affect the 

resistance of these materials to design 

wind forces. This is because the 

resistance of the fasteners, rather than 

the straps or brackets appears to govern 

the design requirements. HUD is 

requesting comments on whether these 

changes for critical connections in high 

wind regions should be implemented 

unless also supported by suitable load 

tests. 

The proposed rule would amend 

§ 3280.305(g)(3) to require wood panel 

products used as floor or subfloor 

materials on the exterior of the home to 

be rated for exterior exposure and be 

protected from moisture by sealing or 

applying nonabsorbent overlay with 

water resistant adhesive. These added 

requirements would provide protection 

70018 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 

against deterioration of exterior floor 

decking materials when exposed to 

moisture. When certain types of decking 

materials, such as particleboard, become 

saturated with moisture, significant 

structural damage can occur. In 

addition, the requirement that panel 

products be ‘‘rated’’ for exterior 

exposure would assist in identifying the 

types of decking materials acceptable for 

use in exterior applications. 

The proposed rule would amend 

§ 3280.306(b) to require that each 

column support pier location required 

along the marriage line(s) of multisection manufactured homes be 

identified at each pier location by paint, 

label or other acceptable methods. 

These location identifications are to be 

visible after the home is installed. 

Currently, there is no requirement for 

the manufacturer to identify the 

required locations for centerline pier 

supports under multi-section 

manufactured homes. Locating these 

main pier supports in the wrong 

location can cause serious damage to the 

structure and be costly to repair. This 

proposal could help reduce the chance 

for error on the installer’s part. The cost 

of marking these pier support locations 

as proposed would be negligible 

compared with the potential cost 

savings that may be realized by all 

parties. 

HUD is rejecting the proposed revised 

Construction and Safety Standard that 

would remove the Health Notice on 

Formaldehyde Emissions required by 

§ 3280.309 of the Construction and 

Safety Standards. (See discussion of 

Rejected or Modified Construction and 

Safety Standards.) 

D. Subpart E—Testing 

The proposed revised Construction 

and Safety Standards would amend 

§ 3280.401 to clarify that design live 

load deflection criteria does not apply 

when the structural assembly being 

evaluated does not include structural 

framing members. 

The proposed rule would amend 

§ 3280.402 to provide more stringent 

initial qualification of truss designs. 

Truss testing by HUD as well as 

industry changes in roof designs in 

recent years suggested the need to 

enhance overall roof truss performance. 

In addition the proposed rule would 

also expand and clarify the 

requirements for follow up testing to 

better assure that subsequent production 

of trusses will meet the requirements of 

the Construction and Safety Standards.

The revised truss testing procedures 

would also eliminate the present 

alternative for testing trusses under the 

non-destructive method, add provisions 

for limiting dead load deflection to L/

480, revise uplift test requirements, and 

make other changes to the current test 

methods permitted by the Construction 

and Safety Standards. These proposals 

are based, in part, on a study conducted 

at the National Association of Home 

Builders Research Center, ‘‘Comparison 

of Methods for Wind Uplift Load 

Testing of Roof Trusses for 

Manufactured Housing,’’ September 

1994, and incorporate the 

recommendations of a special task force 

consisting of manufacturers, testing 

organizations, and truss fabricators. The 

proposal revisions to the truss testing 

requirements were also subjected to the 

NFPA consensus process prior to the 

MHCC reviewing and recommending 

them to HUD. 

E. Subpart F—Thermal Protection 

The proposed rule would amend 

§ 3280.504(b) to incorporate certain 

provisions of a waiver published in the 

Federal Register on April 24, 2002 (67 

FR 20400). The waiver permits 

manufactured homes intended to be 

sited in climates that would have higher 

humidity levels outside than would be 

inside the home to install the vapor 

retarder outside of the home’s thermal 

insulation. Currently, the Construction 

and Safety Standards would only permit 

the vapor retarder to be located interior 

to the thermal insulation regardless of 

the prevailing climatic conditions. The 

reason for this revision is to address the 

nature of moisture problems in warm, 

humid climates where the flow of 

moisture in the air would be from the 

exterior to the interior. 

Homes constructed with the vapor 

retarder installed interior to the 

insulation create a cold surface 

conducive to condensation in 

conjunction with the prevalence of air 

conditioning. This would tend to trap 

any moisture that makes its way into the 

wall. The MHCC has advised HUD that 

it will be making additional 

recommendations for the installation of 

the vapor retarder in manufactured 

homes intended to be sited in warm, 

humid climates, and HUD will consider 

those recommendations when they are 

made. The proposed rule would also 

incorporate a map that will designate 

the applicable ‘‘Humid’’ and 

‘‘Fringe’(humid) zones by state and 

county. HUD is requesting comments on 

whether the final rule should also 

include provisions to restrict exterior 

wall cavities from being ventilated to 

the outdoors as required by the Waiver. 

The proposed rule would amend 

§ 3280.508(a) by making editorial 

revisions to specify the correct chapters, 

and portion thereof, that do not apply to 

manufactured homes to be consistent 

with the 1997 edition of the ASHRAE 

Handbook of Fundamentals that is being 

incorporated. 

The proposed rule would amend 

§ 3280.508(e) to permit window 

manufacturers the alternative to rate 

their window energy performance by 

utilizing National Fenestration Rating 

Council (NFRC) standard NFRC 100. 

Pursuant to a Congressional mandate, 

the NFRC has established a 

comprehensive rating, certification and 

labeling program for the energy 

performance of fenestration products. 

Currently, only the AAMA standard 

AAMA 1500 is referenced for this 

purpose. Inclusion of the NFRC 

standard would alleviate the need for 

those manufacturers who previously 

have been utilizing NFRC 100 from also 

having to also test to the AAMA 1500 

and vice-versa.

The proposed revised Construction 

and Safety Standards would also revise 

§ 3280.510 by incorporating a map that 

would designate the applicable Humid 

and Fringe zones by state and county. A 

reproduction of the map would be 

required to be included on the Heating 

Certificate and could also be combined 

with the Uo map for those homes 

constructed for those zones in addition 

to or in combination with the Uo value 

map. A statement, ‘‘This home is 

designed and constructed to be sited 

only in humid or fringe climate regions 

as shown on the Humid and Fringe 

Climate Map,’’ would be required in 

conjunction with Humid and Fringe 

zone map on the Heating Certificate. 

F. Subpart G—Plumbing Systems 

The proposed revised Construction 

and Safety Standards would amend 

§ 3280.607(a) to require restricted flow 

faucets and showerheads and add a 

paragraph (b) to require the use of low 

water consumption water closets. This 

will conserve water and help assure 

continued availability of adequate water 

supplies, as well as reducing wastewater 

flows. 

The proposed rule would include 

requirements for low consumption 

water closets (1.6 gallons per flush), and 

clarify that showerheads and faucets are 

also to meet updated requirements 

(maximum flow rate of 2.5 gallons per 

minute) for water conservation as 

required by the Energy Policy Act of 

1992. 

G. Subpart H—Heating, Cooling and 

Fuel Burning Systems 

The proposed rule would amend 

§ 3280.709 by adding a paragraph (h) to 

require the installation of a corrosion 

resistant water drip collection and drain 

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 70019

pan under each water heater. Water 

heater manufacturers recommend that a 

drain pan be installed under water 

heaters when they are not positioned on 

a concrete floor near a drain. The 

present rule does not require that a 

drain pan be provided under water 

heaters or that the water heater 

compartment be built in a protective 

manner such as a shower stall that 

would provide a method for water to 

drain outside the home. Water leakage 

in the water heater compartment could 

result in structural deterioration and 

damage to the floor sheathing and, if left 

unattended, could allow a water heater 

to fall through the floor decking. This 

could result in serious safety problems 

for the occupants. For gas water heaters, 

the gas line could be ruptured, which 

could cause a fire or explosion or the 

exhaust stack could become separated 

thereby permitting dangerous fumes to 

enter into the home. An electric water 

heater falling through the floor could 

cause an electric short and also result in 

a fire. 

The proposed rule would amend 

§ 3280.715(c) to require joints and seams 

of sheet metal and flexible metal ducts, 

including risers, trunks, crossovers, 

branches and plenums to be 

mechanically secured and made 

substantially air tight. The proposed 

rule would also require that the tapes 

and sealants used to seal the duct 

systems be applied to dry clean surfaces 

having no dirt, grease or oil on them. 

Currently the Construction and Safety 

Standards only specify that the joints 

and seams of ducts be securely fastened 

and made substantially airtight. Criteria 

would also be added for sealants and 

tapes to be listed in accordance with UL 

181A for rigid ducts and UL181B for 

flexible ducts. Presently, the 

Construction and Safety Standards do 

not require sealants or tapes to be listed 

to any standard, but do require they not 

deteriorate under long exposures to 

elevated temperature, high humidity or 

excessive moisture. 

H. Subpart I—Electrical Systems 

The proposed rule would amend 

§ 3280.806(d)(9) by clarifying that a 

receptacle outlet would be provided on 

a wall adjacent to and within 36 inches 

of the outside edge of each bathroom 

basin. This wall receptacle outlet would 

be in addition to any outlet that is part 

of a lighting fixture or appliance that is 

over a bathroom basin. This revision 

would no longer permit a receptacle that 

is integral with the light fixture over a 

bathroom basin to serve as the only 

outlet for a bathroom basin location. 

This change addresses safety concerns 

related to the permissible length of 

power cords for small appliances that 

may arise in areas in which flowing 

water and electrical outlets are in close 

proximity, such as light fixtures at 

bathroom basin locations.

The current Construction and Safety 

Standards do not specifically address 

the gap clearance requirements for 

installing an outlet box in walls and 

ceilings of noncombustible material. 

The proposed rule would amend 

§ 3280.808(o) to provide a tolerance for 

the gap at the edge of a box in walls or 

ceilings of noncombustible material 

consistent with the 1996 edition of the 

National Electrical Code. 

I. Revisions to Standards Incorporated 

by Reference (Reference Standards) 

The following is a list of the standards 

incorporated by reference that would be 

revised by this proposed rule. Each 

reference standard is preceded with an 

indicator to identify the type of change 

being made. A new reference standard 

being added is indicated by the 

designation ‘‘N,’’ a reference standard 

being updated is indicated by the 

designation ‘‘U,’’ while a reference 

standard being deleted is indicated by 

the designation ‘‘DELETED.’’ The 

sections of the Construction and Safety 

Standards that would be amended by 

each modification are also shown on the 

right of each reference standard being 

added, updated, or deleted. 

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III. Rejected or Modified Construction 

and Safety Standards 

After reviewing the proposed revised 

Construction and Safety Standards 

recommended by the MHCC, HUD had 

concerns regarding a few of the MHCC’s 

recommendations. The MHCC and HUD 

had the opportunity to discuss those 

concerns during the June 7, 2004, 

telephone conference meeting 

announced in the Federal Register on 

May 19, 2004 (69 FR 28944). As a result 

of that discussion, several of those 

concerns were resolved and are not at 

issue in this proposed rule. This section 

of the preamble discusses only those 

recommendations on which the MHCC 

and HUD did not reach agreement. 

Following HUD’s discussion of its 

reasons for not accepting or modifying 

a recommendation, the preamble and 

regulatory text of the recommendation 

as submitted to HUD by the MHCC is 

published in full. HUD is specifically 

soliciting comments and feedback from 

the public on both the MHCC’s 

recommendations as submitted to HUD, 

and HUD’s proposed rejections and 

modifications of these 

recommendations. 

Other editorial modifications to the 

document HUD received from the 

MHCC have also been made throughout 

this proposed rule to be consistent with 

formatting of Federal Register

documents or for consistency with other 

requirements of the Construction and 

Safety Standards. The MHCC and HUD 

agreed that the convenience of the 

public would be better served by 

publishing a single proposed rule 

document, rather than publishing both 

the entire MHCC document and HUD’s 

edited version of the MHCC document, 

as long as the original text of the MHCC 

recommendations that have been 

rejected or modified by HUD is included 

in the published document. In addition, 

the use of metric equivalent units was 

not incorporated in the proposed rule at 

this time, since it would be necessary to 

revise the entire standard for metric 

equivalents and not just the sections 

being recommended for revision. HUD 

requests comment on the use of metric 

units of measurement in the 

Construction and Safety Standards. 

Comment is specifically requested on 

whether English and metric units 

should be used concurrently or whether 

only one or the other should be used. 

HUD is also interested in any 

information on whether there are 

circumstances in which the use of one 

of these measurement systems would be 

more appropriate than the use of the 

other. 

The following discussion provides 

HUD’s reasons for rejecting one of the 

MHCC’s proposed revised Construction 

and Safety Standards and for making 

modifications to two other 

recommendations of the MHCC. The 

text of the MHCC recommendation 

being rejected or modified follows 

HUD’s discussion in each case. 

Rejected Construction and Safety 

Standard: Formaldehyde Health Notice 

HUD is rejecting the MHCC proposal 

to remove the requirement in the 

Construction and Safety Standards for 

the Health Notice on formaldehyde 

emissions to be prominently displayed 

in a temporary manner in each 

manufactured home (24 CFR 3280.309). 

The MHCC did not provide or reference 

any data or studies in support of the 

recommendation to remove the Health 

Notice requirement and HUD, therefore, 

has no basis for taking such action. The 

Construction and Safety Standard that 

requires this notice is supported by a 

substantial factual and scientific record. 

A determination to no longer require the 

notice would similarly require 

substantial factual and scientific 

support. 

The law requires a federal agency to 

follow similar procedures for the 

rescission of rules as it does for their 

promulgation. In reviewing a Federal 

agency’s decision to rescind its rules, 

the courts consider three elements: (1) 

Whether the record supports the factual 

conclusions upon which the rule is 

based, (2) the reasonableness or 

rationality of the rule, and (3) the extent 

to which the agency has adequately 

articulated the basis for its conclusions. 

For HUD to rescind this rule without the 

necessary technical or scientific support 

would violate these factors and risk the 

decision being challenged as arbitrary 

and capricious. See Motor Vehicle Mfrs. 

Ass’n v. State Farm Mut. Auto. Ins. Co.,

463 U.S. 29, 41–42, 77 L. Ed. 2d 443, 

103 S. Ct. 2856 (1983). 

Further, while the materials that emit 

formaldehyde and are used in the 

construction of manufactured homes are 

similar to those in modular homes and 

on-site homes, manufactured homes are 

permitted to use urea formaldehyde 

resins in particleboard and plywood 

panels, which have a greater propensity 

to emit formaldehyde than the materials 

used to construct modular or on-site 

homes.

HUD recognizes that improvements 

have been made in particleboard and 

plywood panel processing and 

construction resulting in lower emission 

levels than from panels bonded with 

urea-formaldehyde resin systems that 

were available at the time of the 

implementation of the formaldehyde 

emission requirements. However, as 

indicated in the preamble of the final 

rule on formaldehyde in 1984, there is 

a sector of the population that has 

greater sensitivity to and is at more risk 

of formaldehyde’s irritant effects and 

that will react adversely to 

formaldehyde at extremely low levels of 

exposure. This includes the elderly, 

young children, and individuals with a 

history of asthma, allergies or lung 

problems. The purpose of the Health 

Notice is to advise prospective 

purchasers that the home contains 

materials that emit formaldehyde and to 

describe acute symptoms that may occur 

under formaldehyde exposure for those 

individuals who may be at greater risk. 

The Act, at sec. 604(e)(1) (42 U.S.C. 

5403(e)(1)), requires both the MHCC in 

recommending Construction and Safety 

Standards and HUD in establishing 

Construction and Safety Standards to:

consider relevant available manufactured 

home construction and safety data, including 

the results of research, development, testing, 

and evaluation activities conducted pursuant 

to this title, and those activities conducted by 

private organizations and other governmental 

agencies to determine how to best protect the 

public[.]

To assist both the MHCC and HUD in 

addressing this statutory provision, 

which is consistent with the concerns 

discussed above for now rejecting this 

proposed revision, HUD specifically 

requests the submission of data and 

studies developed since the adoption of 

the Health Notice requirement that 

would be relevant to the MHCC’s and 

HUD’s consideration of revisions to this 

requirement. HUD solicits any new 

evidence of the impact on, or change in, 

health related concerns that are a result 

of improved manufacturing processes 

for manufactured housing materials and 

strongly emphasizes the importance of 

science-based rulemaking for the issues 

present here. 

The MHCC’s recommendation was to 

remove 24 CFR 3280.309, entitled, 

‘‘Health Notice on formaldehyde 

emissions,’’ and the MHCC’s preamble 

discussion of this recommendation 

stated:

The proposed rule would amend the 

Standards by deleting § 3280.309 and thereby 

remove the Health Notice on Formaldehyde 

Emissions. The materials used in 

manufactured homes are the same as those 

used in site-built homes and modular homes, 

neither of which requires such a health 

notice. There is no evidence that this Health 

Notice is instrumental in protecting the 

public or in preventing litigation. Since 1985, 

when the formaldehyde product standards 

for plywood and particleboard became 

effective, there has been significant progress 

in lowering formaldehyde levels in 

70034 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 

manufactured homes. The Health Notice 

serves only as a sales deterrent, while 

contributing to existing misunderstanding by 

the public regarding health related issues 

associated with formaldehyde emissions.

HUD’s Modifications to the MHCC’s 

Proposed Revised Construction and 

Safety Standards 

Fireblocking 

HUD is modifying the proposed 

recommendation from the MHCC on 

fireblocking because the provisions for 

the use of mineral wool or cellulose 

insulation have not been adequately 

evaluated for transportation effects that 

could cause settling or shifting of those 

materials. While these materials may be 

acceptable for on-site construction, their 

performance has not been thoroughly 

evaluated for all applications where 

fireblocking is required in manufactured 

homes. Further, recent site 

investigations where insulating 

materials were inappropriately used at 

penetrations for heating vents have 

found voids in the insulation likely 

caused by transportation around the 

pipes, which would permit a fire to 

spread from the furnace or water heater 

compartment to the ceiling/roof area. 

The preamble language submitted by 

the MHCC on this issue is:

B. Firestopping 

The proposed rule amending § 3280.206 

would change the term ‘‘Firestopping’’ to 

‘‘Fireblocking’’ to be consistent with current 

building code terminology and application. 

Further, criteria are added for testing loosefill insulation that provides a performancebased alternative for the use of such 

insulation. Both glass fiber and cellulose 

loose-fill insulations have already been so 

tested. The proposed rule would also replace 

and clarify existing language to better define 

locations where fireblocking is required. 

Guidance is provided on how to fireblock a 

penetration while allowing an alternate 

method of filling the entire concealed space 

to cut off the concealed draft opening.

The regulatory language submitted by 

the MHCC on this issue follows. HUD 

accepted all of the MHCC’s 

recommendations for revising 24 CFR 

3280.206 except paragraphs (b)(2) and 

(b)(3), and the second sentence of 

paragraph (c)(3):

5. Revise § 3280.206 to read as follows: 

§ 3280.206 Fireblocking 

(a) General. Fireblocking shall comply with 

Section 206. The integrity of all fireblocking 

materials shall be maintained. 

(b) Fireblocking Materials. Fire blocking 

shall consist of the following materials. 

(1) Minimum 1 in. (25.4 mm) nominal 

lumber, 5⁄16 in. (8 mm) thick gypsum board, 

or the equivalent. 

(2) Mineral wool or unfaced glass fiber 

batts or blankets shall be allowed as 

fireblocking where the material fills the 

entire cross section of the concealed space to 

minimum height of 16 in. (406 mm) 

measured vertically. The mineral wool or 

unfaced glass fiber batts or blankets shall be 

installed so as to be retained securely in 

place. 

(3) Loose-fill insulation shall be allowed as 

fireblocking where it has been specifically 

tested in the form and manner intended for 

use to demonstrate its ability to remain in 

place and to retard the spread of fire and hot 

gasses. 

(4) Other Listed or Approved Materials. 

(c) Fireblocking Locations. 

(1) Fireblocking shall be installed in 

concealed spaces of stud walls, partitions, 

and furred spaces at the floor and ceiling 

levels. Concealed spaces shall not 

communicate between floor levels. 

Concealed spaces shall not communicate 

between a ceiling level and a concealed roof 

area, or an attic space.

(2) Fireblocking shall be installed at the 

interconnection of a concealed vertical space 

and a concealed horizontal space that occurs 

(i) between a concealed wall cavity and the 

ceiling joists above, (ii) at soffits, drop 

ceilings, cover ceilings and similar locations. 

(3) Fireblocking shall be installed around 

the openings for pipes, vents and other 

penetrations in walls, floors and ceilings of 

furnace and water heater spaces. Fireblocking 

shall completely fill the opening around the 

penetration or shall completely fill the cavity 

or concealed space into which the 

penetration is made. Pipes, vents, and other 

penetrations that cannot be moved freely 

within their opening shall be considered 

fireblocked. Materials used to fireblock heat 

producing vent penetrations shall be 

noncombustible or limited combustible 

types.

One-Piece Metal Roofing in High Wind 

Areas 

HUD is modifying the proposal 

recommended by the MHCC for onepiece metal roofing installed in high 

wind areas to be consistent with the 

provisions of Interpretative Bulletin I–

2–98. Specifically, HUD is modifying 

proposed footnote 9 to the Table of 

Design Wind Pressures in 24 CFR 

3280.305 of the Construction and Safety 

Standards to indicate that test methods 

must be approved by HUD and comply 

with the requirements of 24 CFR 

3280.303(c) and (g) and 3280.401 of the 

Construction and Safety Standards. This 

would further clarify that tests would 

need to meet the structural load test 

requirements of the Construction and 

Safety Standards and that testing 

methods and procedures would need to 

be approved by HUD. Therefore, 

proposed footnote 9 is being modified to 

read as follows:

‘‘9. One-piece metal roofing capable of 

resisting the design wind pressures in this 

Table for components and cladding (exterior 

roof coverings) is allowed to be used without 

structural sheathing provided it is tested 

using procedures that have been approved by 

HUD and meets all requirements of 

§§ 3280.303(c) and (g) and 3280.401.’’

The preamble language submitted by 

the MHCC on this issue is:

The proposed rule would amend 

§ 3280.305(c)(1)(ii) by adding a footnote to 

the table in (B) to permit the use of certain 

one-piece metal roofing without structural 

sheathing in the high wind area zones II and 

III. One-piece metal roofing when subjected 

to the negative pressures specified in the 

table performs as a structural catenary 

membrane. Numerous tests have shown this 

design to be viable and effective. In fact, 

these tests show that the design has superior 

load resistance capacity to the shingle roof 

with sheathing option which is currently 

allowed without having to be evaluated for 

the loads in the table.

The regulatory language of the 

footnote submitted by the MHCC on this 

issue is:

9. One piece metal roofing, tested without 

structural sheathing, using the design wind 

pressures specified in the table for 

component and cladding (exterior roof 

coverings), are allowed to be used without 

structural sheathing.

IV. Findings and Certifications 

Regulatory Planning and Review 

The Office of Management and Budget 

(OMB) reviewed this rule under 

Executive Order 12866 (entitled 

‘‘Regulatory Planning and Review’’). 

OMB determined that this rule is a 

‘‘significant regulatory action’’ as 

defined in section 3(f) of the Order 

(although not an economically 

significant regulatory action, as 

provided under section 3(f)(1) of the 

Order). Any changes made to the rule 

subsequent to its submission to OMB 

are identified in the docket file, which 

is available for public inspection in the 

Regulations Division, Room 10276, 

Office of General Counsel, Department 

of Housing and Urban Development, 

451 Seventh Street, SW., Washington, 

DC 20410–0500. 

Paperwork Reduction Act 

The proposed new information 

collection requirements contained in 

§§ 3280.103(b), 3280.306 (b)(1) and 

3280.510 (a)(b)(c) have been submitted 

to the Office of Management and Budget 

(OMB) for review under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). Under this Act, an agency may 

not conduct or sponsor, and a person is 

not required to respond to, a collection 

of information unless the collection 

displays a valid control number. OMB 

has issued HUD the control number 

2502–0253 for the information 

collection requirements under the 

current Manufactured Housing 

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 70035

Construction and Safety Standards 

Program. 

The public reporting burden for this 

new collection of information is 

estimated to include the time for 

reviewing the instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

Information on the estimated public 

reporting burden is provided in the 

following table:

Information collection Number of

respondents 

Responses 

per

respondent 

Total annual 

responses 

Hours per

response Total hours 

Whole-house ventilation instructions ................................... 200 850 170,000 .012 2040 

Mark location of whole-house ventilation ............................ 200 850 170,000 .012 2040 

Centerline support locations ................................................ 200 510 102,000 .033 3366 

Map size on Heat Loss Certificate ...................................... 200 850 170,000 (*) 10 

Humid zone designation ...................................................... 200 150 30,000 (*) 10 

Total burden .................................................................. ........................ ........................ ........................ ........................ 7466 

* Certificate already required. One-time alteration change. 

In accordance with 5 CFR 

1320.8(d)(1), HUD is soliciting 

comments from members of the public 

and affected agencies concerning the 

proposed collection of information to: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility;

(2) Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated collection 

techniques or other forms of information 

technology, e.g., permitting electronic 

submission of responses. 

Interested persons are invited to 

submit comments regarding the 

information collection requirements in 

this proposal. Under the provisions of 5 

CFR 1320, OMB is required to make a 

decision concerning this collection of 

information between 30 and 60 days 

after today’s publication date. Therefore, 

any comment on the information 

collection requirements is best assured 

of having its full effect if OMB receives 

the comment within 30 days of today’s 

publication. This time frame does not 

affect the deadline for comments to the 

agency on the proposed rule, however. 

Comments must refer to the proposal by 

name and docket number (FR–4886–P–

01) and must be sent to: 

Mark D. Menchik, HUD Desk Officer, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503, 

Mark_D._Menchik@omb.eop.gov.

and

Kathleen O. McDermott, Reports 

Liaison Officer, Office of the Assistant 

Secretary for Housing-Federal Housing 

Commissioner, Department of Housing 

and Urban Development, 451 Seventh 

Street, SW. Room 9116, Washington, DC 

20410–8000. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531–

1538) establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. This rule will not impose any 

Federal mandates on any State, local, or 

tribal government or the private sector 

within the meaning of the Unfunded 

Mandates Reform Act of 1995. 

Environmental Review 

A Finding of No Significant Impact 

with respect to the environment has 

been made in accordance with HUD 

regulations at 24 CFR part 50, which 

implement section 102(2)(C) of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4332(2)(C)). The 

Finding of No Significant Impact is 

available for public inspection between 

the hours of 8 a.m. and 5 p.m. weekdays 

in the Regulations Division, Office of 

General Counsel, Room 10276, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington, DC 20410–0500. 

Impact on Small Entities 

The Secretary, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), has reviewed and approved this 

proposed rule and in so doing certifies 

that the rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The rule would regulate establishments 

primarily engaged in making 

manufactured homes (NAICS 32991). 

The Small Business Administration’s 

size standards define an establishment 

primarily engaged in making 

manufactured homes as small if it does 

not exceed 500 employees. Of the 222 

firms included under this NAICS 

definition, 198 are small manufacturers 

that fall below the small business 

threshold of 500 employees. The 

proposed rule will apply to all of the 

manufacturers. The rule would, thus, 

affect a substantial number of small 

entities. However, based on an analysis 

of the costs and the fact that a small 

manufacturer would just as likely 

produce homes at the higher end of the 

cost spectrum as would a major 

producer, evaluating the effect of the 

increase is not discernible based on the 

size of the manufacturing operation. For 

the reasons stated below, HUD knows of 

no instance of a manufacturer with 

fewer than 500 employees that would be 

significantly affected by this rule. 

HUD with the concurrence of the 

MHCC has conducted an economic cost 

impact analysis for this rule. A copy of 

the economic analysis is available for 

public inspection and copying between 

8 a.m. and 5 p.m. weekdays at the 

Regulations Division, Office of General 

Counsel, Room 10276, Department of 

Housing and Urban Development, 451 

Seventh Street, SW., Washington, DC 

20410–0500. The economic analysis 

concluded the potential cost impact, 

based on a per home cost determined to 

be approximately $77.28 multiplied by 

170,000 homes produced in a year, is 

$13,137,600 annually. In addition, the 

cost of the paperwork burden associated 

with this rule is estimated to be 

approximately $112, 000 for the entire 

industry, which is less than an 

additional $1.00 per unit. Additional 

information about the paperwork 

burden can be found in the PRA section 

of the preamble. This does not represent 

a significant economic effect on either 

an industry-wide or per unit basis. 

This relatively small increase in cost 

for the manufacturer associated with 

this proposed rule would not impose a 

70036 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 

significant burden for a small business 

for homes that can cost the purchaser 

between $40,000 and $100,000. 

Therefore, although this rule would 

affect a substantial number of small 

entities, it would not have a significant 

economic impact on them. 

Notwithstanding HUD’s 

determination that this rule would not 

have a significant economic effect on a 

substantial number of small entities, 

HUD specifically invites comments 

regarding this certification and any less 

burdensome alternatives to this rule that 

will meet HUD’s objectives as described 

in this preamble. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits, to the extent 

practicable and permitted by law, an 

agency from promulgating a regulation 

that has federalism implications and 

either imposes substantial direct 

compliance costs on state and local 

governments and is not required by 

statute, or preempts state law, unless the 

relevant requirements of section 6 of the 

Executive Order are met. This rule does 

not have federalism implications and 

does not impose substantial direct 

compliance costs on state and local 

governments or preempt state law 

within the meaning of the Executive 

Order. 

V. Incorporation by Reference 

Before HUD issues a final rule, these 

reference standards will be 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. Copies of these standards 

may be obtained from the following 

organizations: 

AFPA—American Forest and Paper 

Association, 1111 19th Street NW., 

Washington, DC 20036, (202) 463–2700, 

fax (202) 463–5180, http://

www.afandpa.org.

AHA—American Hardboard 

Association, 1210 West Northwest 

Highway, Palatine, Illinois 60067, (847) 

934–8800, fax (847) 934–8803, http://

www.hardboard.org.

AISI—American Iron & Steel Institute, 

1101 17th Street, NW., Washington, DC 

20036, (202) 452–7100, fax (202) 463–

6573, http://www.aisc.org.

ANSI—American National Standards 

Institute, 11 West 42nd Street, New 

York, New York 10036, (212) 642–4900, 

fax (212) 398–0023, http://

www.ansi.org.

APA—The Engineered Wood 

Association, 7011 South 19th Street, 

Tacoma, Washington 98411, (253) 565–

6600, fax (253) 565–7265, http://

www.apawood.org.

ASCE—American Society of Civil 

Engineers, 1015 15th Street, NW., 

Washington, DC 20005, (202) 789–2200, 

fax (202) 289–6797, http://

www.asce.org.

ASHRAE—American Society for 

Heating, Refrigeration & Air 

Conditioning Engineers, 1791 Tuillie 

Circle NE., Atlanta, Georgia 30329, (404) 

636–8400, fax (404) 321–5478, http://

www.ashrae.org.

ASME—American Society of 

Mechanical Engineers, 345 East 47th 

Street, New York, New York 10017, 

(212) 705–8570, fax (212) 705–8599, 

http://www.asme.org.

ASSE—American Society of Sanitary 

Engineering, P.O. Box 40362, Bay 

Village, Ohio 44140, (216) 835–3040, fax 

(216) 835–3488, http://www.asseplumbing.org.

ASTM—American Society for Testing 

and Materials, 100 Barr Harbor Drive, 

West Conshohocken, Pennsylvania 

19428, (610) 832–9500, fax (610) 832–

9555, http://www.astm.org.

CSA (IAS)—CSA International 

(formerly International Approval 

Services), 8501 East Pleasant Valley 

Road, Cleveland, Ohio 44131, (216) 

524–4990, fax (216) 642–3463, http://

www.csa-international.org.

CPA—Composite Panel Association 

(formerly the National Particle-board 

Association) 18928 Premier Court, 

Gaithersburg, MD 20879–1574, (301) 

670–0604, fax (301) 840–1252, http://

www.pbmdf.com.

HPVA—Hardwood Plywood and 

Veneer Association, 1825 Michael 

Faraday Drive, Reston, Virginia 22090, 

(703) 435–2900, fax (703) 435–2537, 

http://www.hpva.org.

HUD—Department of Housing and 

Urban Development, Office of Consumer 

& Regulatory Affairs, 451 Seventh 

Street, SW., Washington, DC 20410, 

(202) 708–6423, fax (202) 708–4213. 

IAPMO—International Association of 

Plumbing and Mechanical Officials, 

20001 Walnut Drive South, Walnut, 

California 91789, (909) 595–8449, fax 

(909) 594–1537, http://www.iapmo.org.

IIT—IIT Research Institute, 10 West 

35th Street, Chicago, Illinois 60616, 

(312) 567–3000, fax (312) 567–4167, 

http://www.iitri.org.

NEMA—National Electrical 

Manufacturers Association, 1300 North 

17th Street, Suite 1847, Rosslyn, VA 

22209, (703) 841–3200, fax (703) 841–

5900, http://www.nema.org.

NER—International Code Council 

Evaluation Service [Previously known 

as National Evaluation Service], 5360 

Workman Mill Road, Whittier CA 

90601–0543. 

NFPA—National Fire Protection 

Association, Batterymarch Park, Quincy, 

Massachusetts 02269, (617) 770–3000, 

fax (617) 770–0700, http://

www.nfpa.org.

NFRC—National Fenestration Rating 

Council, Incorporated, 1300 Spring 

Street, Suite 120, Silver Spring, MD 

20910, (301) 589–6372, fax (301) 588–

0854, http://www.nfrc.org.

NSF—NSF International, P.O. Box 

130140, Ann Arbor, Michigan 48113, 

(313) 769–8010, fax (313) 769–0109, 

http://www.nsf.org.

PS—National Institute of Standards & 

Technology, Voluntary Product 

Standards, Gaithersburg, Maryland 

20810, (301) 975–2000, fax (301) 926–

1559, http://www.nist.gov.

SJI—Steel Joist Institute, 1205 48th 

Avenue North, Suite A, Myrtle Beach, 

South Carolina 29577, (803) 626–1995, 

fax (803) 449–1343, http://

www.steeljoist.org.

TPI—Truss Plate Institute, 583 

D’Onofrio Drive, Suite 200, Madison, 

Wisconsin 53719, (608) 833–5900, fax 

(608) 833–4360, http://www.tpinst.org.

UL—Underwriters Laboratories, 333 

Pfingsten Road, Northbrook, Illinois 

60062, (847) 272–8800, fax (847) 509–

6257, http://www.ul.com.

WDMA (NWWDA)—Window & Door 

Manufacturers Association (formerly the 

National Wood Window & Door 

Association), 1400 East Touhy Avenue, 

Des Plaines, Illinois 60018, (847) 299–

5200, fax (847) 299–1286, http://

www.wdma.com.

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance number for Manufactured 

Housing Construction and Safety 

Standards is 14.171.

List of Subjects in 24 CFR Part 3280 

Housing standards, Manufactured 

homes.

Accordingly, for the reasons stated in 

the preamble, HUD proposes to amend 

24 CFR part 3280 as follows:

PART 3280—MANUFACTURED HOME 

CONSTRUCTION AND SAFETY 

STANDARDS 

1. The authority citation for part 3280 

continues to read as follows:

Authority: 42 U.S.C. 3535(d), 5403, and 

5424. 

2. In § 3280.4(b), add the following 

organizations to the list in alphabetical 

order to read as follows:

§ 3280.4 Incorporation by reference.

* * * * *

(b) * * *

NEMA—National Electrical Manufacturers 

Association, 1300 North 17th Street, Suite 

1847, Rosslyn, VA 22209 

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 70037

NER—International Code Council 

Evaluation Service [Previously known as 

National Evaluation Service], 5360 Workman 

Mill Road, Whittier CA 90601–0543

* * * * *

NFRC—National Fenestration Rating 

Council, 8984 Georgia Avenue, Suite 320, 

Silver Spring, MD 20910

* * * * *

WDMA—Window and Door Manufacturers 

Association [Previously known as the 

National Wood Window and Door 

Association, NWWDA], 1400 East Touhy 

Avenue, Des Plaines, IL 60018

* * * * *

3. In § 3280.103, revise paragraph (b) 

to read as follows:

§ 3280.103 Light and ventilation.

* * * * *

(b) Whole house ventilation. Each 

manufactured home shall be provided 

with whole-house ventilation having a 

minimum capacity of 0.035 ft3/min/ft2

of interior floor space or its hourly 

average equivalent. This ventilation 

capacity shall be in addition to any 

openable window area. In no case shall 

the installed ventilation capacity of the 

system be less than 50 cfm nor more 

than 90 cfm. The following criteria shall 

be adhered to: 

(1) The ventilation capacity shall be 

permitted to be provided by a 

mechanical system or a combination 

passive and mechanical system. The 

ventilation system or provisions for 

ventilation shall not create a positive 

pressure in Uo value Zone 2 and Zone 

3 or a negative pressure condition in Uo 

value Zone 1 in excess of 0.03 inches of 

water. 

(2) The ventilation system or 

provisions for ventilation shall 

exchange air directly with the exterior 

of the home, except it shall not draw or 

expel air with the space underneath the 

home. The ventilation system or 

provisions for ventilation shall not draw 

or expel air into the floor, wall, or 

ceiling/roof systems, even if those 

systems are vented. The ventilation 

system shall be designed to ensure that 

outside air is distributed to all bedrooms 

and main living areas. The combined 

use of undercut doors or transom grills 

connecting those areas to the room 

where the mechanical system is located 

shall be deemed acceptable. 

(3) The ventilation system or a portion 

thereof shall be permitted to be integral 

with the home’s heating or cooling 

system. The system shall be capable of 

operating independently of the heating 

or cooling modes. A ventilation system 

that is integral with the heating or 

cooling system shall be listed as part of 

the heating and cooling system or listed 

as suitable for use therewith. 

(4) The ventilation system or portion 

thereof shall also be permitted to be one 

of the bathroom exhaust fans required 

by § 3280.103(c)(3) provided the 

following criteria are met: 

(i) Maximum sone rating of 1.0; and 

(ii) Designed for continuous operation 

and a minimum 10-year life. 

(5) A mechanical ventilation system, 

or mechanical portion thereof, shall be 

provided with a manual control, and 

shall be permitted to be provided with 

automatic timers or humidistats. 

(6) Occupant Education. Instructions 

for correctly operating and maintaining 

whole-house ventilation systems shall 

be included with the homeowner’s 

manual. The instructions shall 

encourage occupants to operate these 

devices whenever the home is occupied, 

and refer to the whole-house ventilation 

labeled control. The whole-house 

ventilation label shall be permanent, 

shall state: ‘‘WHOLE-HOUSE 

VENTILATION’’ and shall be attached 

to the whole-house ventilation control.

* * * * *

4. In § 3280.202, revise the definition 

of ‘‘Limited combustible’’ and the 

definition of ‘‘Noncombustible 

material’’ to read as follows:

§ 3280.202 Definitions.

* * * * *

Limited combustible: A material 

meeting: 

(1) The definition contained in 

Chapter 2 of NFPA 220–1995, Standard 

on Types of Building Construction; or 

(2) 5⁄16 inch or thicker gypsum board. 

Noncombustible material: A material 

meeting the definition contained in 

Chapter 2 of NFPA 220–1995, Standard 

on Types of Building Construction.

* * * * *

5. Revise the introductory paragraph 

of § 3280.203(a) to read as follows:

§ 3280.203 Flame spread limitations and 

fire protection requirements. 

(a) Establishment of flame spread 

rating. The surface flame spread rating 

of interior-finish material shall not 

exceed the value shown in § 3280.203(b) 

when tested by ‘‘Standard Method of 

Test of Surface Burning Characteristics 

of Building Materials, ASTM E–84, 2001 

or NFPA 255, 1996,’’ except that the 

surface flame spread rating of interiorfinish materials required by 

§ 3280.203(b)(5) and (6) may be 

determined by using the ‘‘Standard Test 

Method for Surface Flammability of 

Materials Using a Radiant Heat Energy 

Source, ASTM E 162–94.’’ However, the 

following materials need not be tested to 

establish their flame spread rating 

unless a lower rating is required by 

these standards:

* * * * *

6. Revise § 3280.206 to read as 

follows:

§ 3280.206 Fireblocking. 

(a) General. Fireblocking shall comply 

with Section 206. The integrity of all 

fireblocking materials shall be 

maintained. 

(b) Fireblocking materials. Fire 

blocking shall consist of the following 

materials: 

(1) Minimum 1 inch nominal lumber, 5⁄16 inch thick gypsum board, or the 

equivalent; and 

(2) Other Listed or Approved 

Materials; 

(c) Fireblocking locations. (1) 

Fireblocking shall be installed in 

concealed spaces of stud walls, 

partitions, and furred spaces at the floor 

and ceiling levels. Concealed spaces 

shall not communicate between floor 

levels. Concealed spaces shall not 

communicate between a ceiling level 

and a concealed roof area, or an attic 

space. 

(2) Fireblocking shall be installed at 

the interconnection of a concealed 

vertical space and a concealed 

horizontal space that occurs: 

(i) Between a concealed wall cavity 

and the ceiling joists above; and 

(ii) At soffits, drop ceilings, cover 

ceilings and similar locations. 

(3) Fireblocking shall be installed 

around the openings for pipes, vents 

and other penetrations in walls, floors 

and ceilings of furnace and water heater 

spaces. Pipes, vents, and other 

penetrations that cannot be moved 

freely within their opening shall be 

considered fireblocked. Materials used 

to fireblock heat producing vent 

penetrations shall be noncombustible or 

limited combustible types. 

7. In § 3280.207, revise paragraph 

(a)(4) introductory text to read as 

follows:

§ 3280.207 Requirements for foam plastic 

thermal insulating materials. 

(a) * * * 

(4) The foam plastic insulating 

material has been tested as required for 

its location in wall and/or ceiling 

cavities in accordance with testing 

procedures described in the Illinois 

Institute of Technology Research 

Institute (IITRI) Report, ‘‘Development 

of Mobile Home Fire Test Methods to 

Judge the Fire-Safe Performance of 

Foam Plastic, J–6461, 1989’’ or other 

full-scale fire tests accepted by HUD, 

and it is installed in a manner 

consistent with the way the material 

was installed in the foam plastic test 

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module. The materials shall be capable 

of meeting the following acceptance 

criteria required for their location.

* * * * *

8. In § 3280.303, paragraph (g) is 

revised to read as follows:

§ 3280.303 General requirements.

* * * * *

(g) Alternative test procedures. In the 

absence of recognized testing 

procedures either in these standards or 

in the applicable provisions of those 

standards incorporated by reference, the 

manufacturer electing this option shall 

develop or cause to be developed testing 

procedures to demonstrate the structural 

properties and significant characteristics 

of the material, assembly, subassembly 

component or member. Such testing 

procedures shall become part of the 

manufacturer’s approved design (refer to 

§ 3280.3). Such tests shall be witnessed 

by an independent licensed professional 

engineer or architect or by a recognized 

testing organization. Copies of the test 

results shall be kept on file by the 

manufactured home manufacturer. 

9. In § 3280.304, revise paragraph (b) 

to read as follows:

§ 3280.304 Materials.

* * * * *

(b)(1) Standards for some of the 

generally used materials and methods of 

construction are listed in the following 

table.

Steel 

Specification for Aluminum Structures 

Construction Manual Series—AA–30, 

Section 1, Fifth Edition—1986, 

Specifications and Guidelines for 

Aluminum Structures, Aluminum 

Design Manual, 1994.

Specification for Structural Steel Buildings—

Allowable Stress Design and Plastic 

Design—AISC–S335, 1989. 

Specification for the Design of Cold-Formed 

Steel Structural Members—AISI–SG 

971–1996. 

Design of Cold-Formed Stainless Steel 

Structural Members—ASCE 8, 1991. 

Standard Specifications Load Tables and 

Weight Tables for Steel Joists and Joist 

Girders, SJI, 40th edition. 

Structural Applications of Steel Cables for 

Buildings, ASCE 19, 1996. 

Standard Specification for Strapping, Flat 

Steel and Seals—ASTM D3953, 1991. 

Wood and Wood Products 

Basic Hardboard—ANSI/AHA A135.4–1995. 

Prefinished Hardboard Paneling—ANSI/AHA 

A135.5–1995. 

Hardboard Siding—ANSI/AHA A135.6–1998. 

American National Standard for Hardwood 

and Decorative Plywood—HPVA HP–1–

1994. 

Structural Design Guide for Hardwood 

Plywood Wall Panels—HPVA SG 96. 

For wood products—Structural Glued 

Laminated Timber—ANSI/AITC A190.1–

1992. 

Voluntary Product Standard, Construction 

and Industrial Plywood—PS–1–99, V99, 

1999. 

APA Design/Construction Guide, Residential 

and Commercial—APA E30P–1996. 

Design and Fabrication of All-Plywood 

Beams—APA–H 815E, Suppl. 5, 1995. 

Plywood Design Specification—APA–Y 

510S–1997. 

Design and Fabrication of Glued PlywoodLumber Beams—APA–S 812Q, Suppl. 2–

1996. 

Design and Fabrication of Plywood Curved 

Panels—APA–S 811N, Suppl. 1, 1995. 

Design and Fabrication of Plywood Sandwich 

Panels—APA–U 814H, Suppl. 4, 1993. 

Performance Standard for Wood-based 

Structural Use Panels— PS–2–96, 1996. 

Design and Fabrication of Plywood StressedSkin Panels—APA–U 813L, Suppl. 3, 

1996. 

National Design Specifications for Wood 

Construction, 1997, AFPA. 

Wood Structural Design Data, 1989, Revised 

1992, AFPA. 

Span Tables for Joists and Rafters—PS–20–

70, 1993, AFPA. 

Design Values for Joists and Rafters, 

American Softwood Lumber Standard 

Sizes, 1993, AFPA. 

Mat-formed Wood Particleboard—ANSI 

A208.1–1999. 

Voluntary Specifications for Aluminum, 

Vinyl (PVC) and Wood Windows and 

Glass Doors, AAMA/NWWDA 101/I.S.2, 

1997. 

Standard Test Methods for Puncture and 

Stiffness of Paperboard, and Corrugated 

and Solid Fiberboard—ASTM D781, 

1973. 

Standard Test Methods for Direct Moisture 

Content Measurement of Wood and 

Wood-Base Materials—ASTM D4442, 

1999. 

Standard Test Methods for Use and 

Calibration of Hand-Held Moisture 

Meters—ASTM D4444, 1992. 

Other 

Standard Specification for Gypsum 

Wallboard—ASTM C36, B–95. 

Fasteners 

Power Driven Staples, Nails, and Allied 

Fasteners for use in all Types of Building 

Construction—NER 272, 9/97. 

Unclassified 

Minimum Design Loads for Buildings and 

Other Structures—ASCE 7–1988. 

Safety Performance Specifications and 

Methods of Test for Safety Glazing 

Materials Used in Building—ANSI 

Z97.1–1984.

* * * * *

10. In § 3280.305: 

A. Add paragraph (c)(1)(ii)(C), 

B. Add paragraphs (c)(3)(i)(A) through 

(C) following the table in paragraph 

(c)(3)(i); 

C. Add paragraph (c)(3)(iv); 

D. Revise paragraph (e); 

E. Redesignate paragraphs (g)(3) 

through (g)(5) as paragraphs (g)(4) 

through (g)(6); 

F. Add new paragraph (g)(3); 

G. Redesignate paragraph (i)(l) as 

follows:

Old paragraph New paragraph 

(i)(1) ................................... (j) 

(i)(1)(i) ................................ (j)(1) 

(i)(1)(ii) ............................... (j)(2) 

(i)(1)(ii)(A) .......................... (j)(2)(i) 

(i)(1)(ii)(B) .......................... (j)(2)(ii) 

H. Reserve vacated paragraph (i)(1); 

and 

I. Revise redesignated paragraph (j)(1) 

to read as follows:

§ 3280.305 Structural design requirements.

* * * * *

(c) * * * 

(1) * * * 

(ii) * * * 

(C) One-piece metal roofing capable of 

resisting the design wind pressures in 

this Table for components and cladding 

(exterior roof coverings) is allowed to be 

used without structural sheathing 

provided it is tested using procedures 

that have been approved by HUD and 

meets all requirements of §§ 3280.303(c) 

and (g) and 3280.401.

* * * * *

(3) * * *

(i) * * * 

(A) North Roof Load Zone. The 

following counties in each of the 

following states are deemed to be within 

the North Roof Load Zone:

Maine—Aroostook, Piscataquis, Somerset, 

Penobscot, Waldo, Knox, Hancock, 

Washington 

Alaska—All Counties

(B) Middle Roof Load Zone. The 

following counties in each of the 

following states are deemed to be within 

the Middle Roof Load Zone: 

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BILLING CODE 4210–27–C


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(C) South Roof Load Zone. The states 

and counties that are not listed for the 

Middle Roof Load Zone in paragraph 

(c)(3)(i)(A) of this section, or the North 

Roof Load Zone in paragraph (c)(3)(i)(B) 

of this section are deemed to be within 

the South Roof Load Zone.

* * * * *

(iv) Skylights shall be required to 

withstand roof loads as specified in 

paragraphs (c)(3)(i) or (c)(3)(ii) of this 

section. Skylights shall be listed and 

tested in accordance with AAMA 1600/

I.S.7–1999, Voluntary Specifications for 

Skylights.

* * * * *

(e) Fastening of structural systems.

(1) Roof framing shall be securely 

fastened to wall framing, walls to floor 

structure, and floor structure to chassis 

to secure and maintain continuity 

between the floor and chassis in order 

to resist wind overturning, uplift, and 

sliding and to provide continuous load 

paths for these forces to the foundation 

or anchorage system. The number and 

type of fasteners used shall be capable 

of transferring all forces between 

elements being joined. 

(2) For Wind Zone II and Wind Zone 

III, roof framing members shall be 

securely fastened at the vertical bearing 

points to resist design overturning, 

uplift and sliding forces. When 

engineered connectors are not installed, 

roof framing members shall be secured 

at the vertical bearing points to wall 

framing members (studs) and wall 

framing members (studs) shall be 

secured to floor framing members with 

0.016 inch base metal, minimum steel 

strapping or engineered connectors, or 

by a combination of with 0.016 inch 

base metal, minimum steel strapping or 

engineered connectors, and structuralrated wall sheathing that overlaps the 

roof and floor system. Steel strapping or 

engineered connectors shall be installed 

at a maximum spacing of 24 inch on 

center in Wind Zone II and 16 inch on 

center in Wind Zone III. Exception: 

Where substantiated by structural 

analysis, the 0.016 inch base metal 

minimum steel strapping or engineered 

connectors shall be permitted to be 

omitted when the structural rated 

sheathing that overlaps either the roof or 

floor system is capable of sustaining the 

applied loads.

* * * * *

(g) * * * 

(3) Wood panel products used as floor 

or subfloor materials on the exterior of 

the home, such as in recessed entry 

ways, shall be rated for exterior 

exposure and shall be protected from 

moisture by sealing or applying 

nonabsorbent overlay with water 

resistant adhesive.

* * * * *

(j) Welded connections. (1) All welds 

shall be made in accordance with the 

applicable provisions of the 

Specification for Structural Steel 

Buildings, Allowable Stress Design and 

Plastic Design, AISC–S335, 1989, the 

Specification for the Design of ColdFormed Steel Structural Members, AISI–

SG–971, 1996, and the Stainless Steel 

Cold-Formed Structural Design Manual, 

ASCE 8, 1991.

* * * * *

11. In § 3280.306, revise paragraph (b) 

to read as follows:

§ 3280.306 Windstorm protection.

* * * * *

(b) Contents of instructions. The 

manufacturer shall provide printed 

instructions with each manufactured 

home that specify the location and 

required capacity of stabilizing devices 

on which the design is based. In 

addition to the printed instructions, 

each column support pier location 

required along the marriage line(s) of 

multisection manufactured homes shall 

be identified by paint, label, decal, 

stencil, or other acceptable method at 

each pier location. Such location 

identifications shall be visible after the 

home is installed. The manufacturer 

shall provide drawings and 

specifications, certified by a registered 

professional engineer or architect, that 

indicate at least one acceptable system 

of anchoring, including the details or 

required straps or cables, their end 

connections, and all other devices 

needed to transfer the wind loads from 

the manufactured home to an anchoring 

or foundation system.

* * * * *

12. In § 3280.401, revise paragraphs 

(a) and (b) to read as follows:

§ 3280.401 Structural load tests.

* * * * *

(a) Proof load tests. Every structural 

assembly tested shall be capable of 

sustaining its dead load plus 

superimposed live loads equal to 1.75 

times the required live loads for a 

period of 12 hours without failure. Tests 

shall be conducted with loads applied 

and deflections recorded in 1⁄4 design 

live load increments at 10-minute 

intervals until 1.25 times design live 

load plus dead load has been reached. 

Additional load shall then be applied 

continuously until 1.75 times design 

live load plus dead load has been 

reached. Assembly failure shall be 

considered as design live load 

deflection (or residual deflection 

measured 12 hours after live load 

removal) that is greater than the limits 

set in § 3280.305(d), rupture, fracture, or 

excessive yielding. Design live load 

deflection criteria shall not apply when 

the structural assembly being evaluated 

does not include structural framing 

members. An assembly to be tested shall 

be of the minimum quality of materials 

and workmanship of the production. 

Each test assembly, component, or 

subassembly shall be identified as to 

type and quality or grade of material. 

All assemblies, components, or 

subassemblies qualifying under this test 

shall be subject to a continuing 

qualification testing program acceptable 

to HUD. 

(b) Ultimate load tests. Ultimate load 

tests shall be performed on a minimum 

of three assemblies or components to 

generally evaluate the structural design. 

Every structural assembly or component 

tested shall be capable of sustaining its 

total dead load plus the design live load 

increased by a factor of safety of at least 

2.5. A factor of safety greater than 2.5 

shall be used when required by an 

applicable reference standard in 

§ 3280.304(b)(1). Tests shall be 

conducted with loads applied and 

deflections recorded in 1⁄4 design live 

load increments at 10-minute intervals 

until 1.25 times design live load plus 

dead load has been reached. Additional 

loading shall then be applied 

continuously until failure occurs, or the 

total of the factor of safety times the 

design live load plus the dead load is 

reached. Assembly failure shall be 

considered as design live load 

deflection greater than the limits set in 

§ 3280.305(d), rupture, fracture, or 

excessive yielding. Design live load 

deflection criteria shall not apply when 

the structural assembly being evaluated 

does not include structural framing 

members. Assemblies to be tested shall 

be representative of average quality or 

materials and workmanship of the 

production. Each test assembly, 

component, or subassembly shall be 

identified as to type and quality or grade 

of material. All assemblies, components, 

or subassemblies qualifying under this 

test shall be subject to a periodic 

qualification testing program acceptable 

to HUD. 

13. Revise § 3280.402 to read as 

follows:

§ 3280.402 Test procedure for roof 

trusses. 

(a) Roof load tests. The following is 

the roof truss test procedure for vertical 

loading condition. Where roof trusses 

act as support for other members, have 

eave or cornice projections, or support 

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 70041

concentrated loads, roof trusses shall be 

tested for those conditions. 

(b) General. Trusses shall be 

permitted to be tested in a truss test 

fixture that replicates the design loads, 

and actual support points, and does not 

restrain horizontal movement. When 

tested singly or in groups of two or more 

trusses, trusses shall be mounted on 

supports and positioned as intended to 

be installed in the manufactured home 

to give the required clear span distance 

(L) and eave or cornice distance (Lo), if 

applicable, as specified in the design. 

Truss tests shall be performed on a 

minimum of three trusses to evaluate 

the design.

(1) When trusses are tested singly, 

trusses shall be positioned in a test 

fixture with supports properly located 

and have the roof loads evenly applied. 

See Figure 3280.402(b)(1).

(2) When tested in groups of two or 

more, the top chords shall be permitted 

to be sheathed with nominal 1⁄4 inch x 

12 inch plywood strips. The plywood 

strips shall be at least long enough to 

cover the top chords of the trusses at the 

designated design truss spacing. 

Adjacent plywood strips shall be 

separated by at least 1⁄8 inch. The 

plywood strips shall be nailed with 4d 

nails or equivalent staples no closer 

than 8 inch (203 mm) on center along 

the top chord. The bottom chords of the 

adjacent trusses shall be permitted to be 

one of the following: (1) Unbraced; (2) 

Laterally braced together (not crossbraced) with 1 inch x 2 inch stripping 

no closer than 24 inch on center, nailed 

with only one 6d nail at each truss. See 

Figure 3280.402(b)(2).


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(c) Measuring and loading methods.

Deflections of each truss shall be 

measured relative to a fixed reference 

datum. Deflections shall be measured at 

the free end of an eave or cornice 

projection and at as many bottom chord 

panel points as necessary to obtain an 

accurate representation of the deflected 

truss or trusses but shall be measured at 

least at the truss midspan, at each panel 

point, and at midspan between each 

panel point. Deflections shall be read 

and recorded to the nearest 1⁄32 inch. 

Dead load shall be applied to the top 

and bottom chord and live load applied 

to the top chord through a suitable 

hydraulic, pneumatic, or mechanical 

system or weights to simulate design 

loads. Load unit weights for uniformly 

distributed top chord loads shall be 

separated so that arch action does not 

occur and spaced not more than 12 inch 

on center so as to simulate uniform 

loading. Bottom chord loading shall be 

spaced as uniformly as practical. Truss 

gravity loads shall be calculated based 

on the overall truss length (horizontal 

projection) including eave or cornice 

projections. 

(d) General test procedures. General 

test procedures include the following 

methods: 

(1) Dead load. Measure and record 

initial elevation of the truss or trusses in 

the test position at no load. Apply dead 

loads to the top and bottom chord of the 

truss that are representative of the 

weights of materials to be supported by 

the truss. The actual ceiling/roof 

assembly dead loads shall be used with 

a minimum of 4 psf on the top chord 

and 2 psf on the bottom chord. Greater 

dead loads shall be applied to the top 

and bottom chords if required, to 

represent the actual loads. Dead loads to 

be applied to the truss test assembly 

shall be permitted to include only the 

weights of materials supported by the 

truss and not the weight of the truss 

itself. However, readings from load cells 

(when used) on which the test truss 

rests shall reflect the sum of the applied 

load plus the weight of the truss. Apply 

dead loads and hold for five minutes. 

Measure and record the deflections. 

(2) Live Load. Maintaining the dead 

loads, apply live load to the top chord 

in approximate 1⁄4 live load increments 

until dead load plus 1.25 times the live 

load is reached. Measure and record the 

deflections at a minimum of one minute 

after each live load increment has been 

applied and five minutes after full live 

load has been reached. Apply 

incremental loads at a uniform rate such 

that approximately one-half hour is 

required to reach full design live load. 

(3) Recovery phase. Remove the total 

live load (1.25 times the roof live load). 

Measure and record the deflections five 

minutes after the total live load has been 

removed. 

(4) Overload phase. Additional 

loading shall then be applied 

continuously until the dead load plus 

2.5 times the design live load is reached. 

This overload condition shall be 

maintained for five minutes. 

(5) Acceptance criteria. The truss 

design shall be considered to have 

passed if all of the following conditions 

are met: 

(i) No load to dead load deflection 

shall be less than L/480 for simply 

supported clear spans and less than Lo/

180 for eave and cornice projections; 

and 

(ii) Dead load to design live load 

deflections shall be less than L/180 for 

simply supported clear spans and less 

than Lo/90 for eave and cornice 

projections; and 

(iii) The truss shall recover to at least 

L/480 for simply supported clear spans 

and Lo/180 for eave and cornice 

projections within five minutes after the 

total live load has been removed; and 

(iv) The truss shall maintain the 

overload condition for five minutes 

without rupture or fracture. 

(e) Uplift loads. This test shall only be 

required for truss designs that may be 

critical under uplift load conditions. 

(1)(i) Place the truss in the test fixture 

and position it as intended to be 

installed in the manufactured home. See 

Figure 3280.402(e)(1).


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(ii) Position the load measurement 

devices to register the wind uplift loads 

that will be applied to the top chord of 

the truss. The uplift loads shall be 

applied through tension devices not 

wider than 1 inch and spaced not 

greater than 6 inches on center so as to 

simulate uniform loading. Gravity and 

wind uplift load tests may be performed 

on the same truss in this single set-up 

mode. Measure and record initial 

elevation of the bottom chord of the 

truss in the test position at the midspan 

of the truss, at each panel point, and 

midspan between each panel point as 

well as at the end of the eave or cornice 

projections greater than 12 inches. Eave 

or cornice projection loads are applied 

separately for eaves or cornice 

projections greater than 12 inches. For 

eave or cornice projections greater than 

12 inches (305 mm), the additional 

required load shall be applied to the 

eave simultaneously with the main body 

load. For eave or cornice projections 12 

inches or less, add the additional 

required load to the main body load and 

apply it to the entire top chord. 

(2) Apply the uplift load to the top 

chord of the truss. For Wind Zone I, the 

net uplift load for the clear span of the 

truss is 9 psf and 22.5 psf for the eave 

or cornice projections of the truss. For 

Wind Zones II and III, the net uplift load 

for the clear span and eave or cornice 

projections shall be determined by 

subtracting the minimum dead load 

from the uplift load provided in the 

Table of Design Wind Pressure in 

§ 3280.305(c)(1)(ii)(B). Measure and 

record the deflection 5 minutes after the 

net uplift load has been applied. Design 

load deflection shall be less than L/180 

for simply supported clear span and less 

than Lo/90 for eave or cornice 

projections. 

(3) Continue to load the truss to 2.5 

times the net uplift load. Maintain the 

full load for 1 minute and inspect the 

truss for rupture or fracture. 

(4) The uplift load tests shall be 

performed on a minimum of three single 

trusses to evaluate the truss design. 

(f) Follow up testing. Follow up 

testing procedures shall include the 

following: 

(1) Production trusses qualifying 

under these test procedures shall be 

subject to a continuing witnessed 

independent third party or an approved 

testing program as specified in 

§ 3280.402(f)(3). Manufacturers of listed 

or labeled trusses shall follow an inhouse quality control program approved 

by an independent third party as 

specified in § 3280.402(g). Home 

manufacturers producing trusses which 

are not listed or labeled, for their own 

use, shall be subject to a follow-up 

testing program as specified in 

§ 3280.402(f)(3) and a truss certification 

program as specified in § 3280.402(g). 

(2) Truss designs that are qualified but 

not in production are not subject to 

follow-up testing until produced. When 

the truss design is brought into 

production a follow up test is to be 

performed if the truss design has been 

out of production for more than six 

months. 

(3) The frequency of truss 

manufacturer’s quality control followup testing for trusses shall be one test 

in 4000 trusses or once every 6 months, 

whichever is more frequent, for every 

truss design produced. 

(g) Truss certification program. The 

truss certification program shall 

include, at a minimum, procedures for 

quality of materials, workmanship and 

manufacturing tolerances, description 

and calibration of test equipment, truss 

retesting criteria, and procedures in case 

of non-complying results. 

14. In § 3280.403, revise paragraph 

(b), paragraph (d)(2), and paragraph (e) 

to read as follows:

§ 3280.403 Standard for windows and 

sliding glass doors used in manufactured 

homes.

* * * * *

(b) Standard. All primary windows 

and sliding glass doors shall comply 

with AAMA Standard 1701.2–1995, 

Primary Window and Sliding Glass 

Door: Voluntary Standard for Utilization 

in Manufactured Housing, except the 


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exterior and interior pressure tests shall 

be conducted at the design wind loads 

required for components and cladding 

specified in § 3280.305(c)(1).

* * * * *

(d) * * *

(2) Sealed insulating glass, where 

used, shall meet all performance 

requirements for Class C in accordance 

with ASTM E–774–97, Standard 

Specification for Sealed Insulating Glass 

Units. The sealing system shall be 

qualified in accordance with ASTM E–

773–97 Standard Test Methods for Seal 

Durability of Sealed Insulating Glass 

Units. Each glass unit shall be 

permanently identified with the name of 

the insulating glass manufacturer. 

(e) Certification. All primary windows 

and sliding glass doors to be installed in 

manufactured homes shall be certified 

as complying with AAMA Standard 

1701.2–1995. This certification must be 

based on tests conducted at the design 

wind loads specified in § 3280.305(c)(1). 

(1) All such windows and doors shall 

show evidence of certification by 

affixing a quality certification label to 

the product in accordance with ANSI 

Z34.1–1993, ‘‘For Certification–ThirdParty Certification Program.’’

(2) In determining certifiability of the 

products, an independent quality 

assurance agency shall conduct 

preproduction specimen tests in 

accordance with AAMA 1701.2–1995. 

Further, such agency shall inspect the 

product manufacturer’s facility at least 

twice per year.

* * * * *

15. In § 3280.404, revise paragraph (b) 

to read as follows:

§ 3280.404 Standard for egress windows 

and devices for use in manufactured 

homes.

* * * * *

(b) Performance. Egress windows 

including auxiliary frame and seals, if 

any, shall meet all requirements of 

AAMA Standard 1701.2–1995, Primary 

Window and Sliding Glass Door 

Voluntary Standard for Utilization in 

Manufactured Housing and AAMA 

Standard 1704–1985, Voluntary 

Standard Egress Window Systems for 

Utilization in Manufactured—Housing, 

except the exterior and interior pressure 

tests for components and cladding shall 

be conducted at the design wind loads 

required by § 3280.305(c)(1).

* * * * *

16. In § 3280.405, revise paragraphs 

(b) and (e) to read as follows:

§ 3280.405 Standard for swinging exterior 

passage doors for use in manufactured 

homes.

* * * * *

(b) Performance requirements. The 

design and construction of exterior door 

units shall meet all requirements of 

AAMA 1702.2–1995, Swinging Exterior 

Passage Doors Voluntary Standard for 

Utilization in Manufactured Housing.

* * * * *

(e) Certification. All swinging exterior 

doors to be installed in manufactured 

homes shall be certified as complying 

with AAMA 1702.2–1995, Swinging 

Exterior Passage Doors Voluntary 

Standard for Utilization in 

Manufactured Housing. 

(1) All such doors shall show 

evidence of certification by affixing a 

quality certification label to the product 

in accordance with ANSI Z34.1–1993, 

For Certification–Third Party 

Certification Program. 

(2) In determining certifiability of the 

products, an independent quality 

assurance agency shall conduct 

preproduction specimen test in 

accordance with AAMA 1702.2–1995, 

Swinging Exterior Passage Doors 

Voluntary Standard for Utilization in 

Manufactured Housing.

* * * * *

17. In § 3280.406, revise the 

introductory text in paragraph (b) to 

read as follows:

§ 3280.406 Air chamber test method for 

certification and qualification of 

formaldehyde emission levels.

* * * * *

(b) Testing. Testing shall be 

conducted in accordance with the 

Standard Test Method for Determining 

Formaldehyde Levels from Wood 

Products Under Defined Test Conditions 

Using a Large Chamber, ASTM E–1333–

96, with the following exceptions:

* * * * *

18. In § 3280.504, revise paragraph 

(a)(1) and paragraph (b) to read as 

follows:

§ 3280.504 Condensation control and 

installation of vapor retarders. 

(a) Ceiling vapor retarders. (1) In Uo 

Value Zones 2 and 3, ceilings shall have 

a vapor retarder with a permeance of not 

greater than 1 perm (as measured by 

ASTM E–96–95 Standard Test Methods 

for Water Vapor Transmission of 

Materials) installed on the living space 

side of the roof cavity.

* * * * *

(b) Exterior walls. (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 

(2) Unventilated wall cavities shall 

have an external covering and/or 

sheathing that forms the pressure 

envelope. The covering and/or 

sheathing shall have a combined 

permeance of not less than 5.0 perms. In 

the absence of test data, combined 

permeance shall be permitted to be 

computed using the following formula: 

P total = (1/[(1/P1) + (1/P2)]), where P1 

and P2 are the permeance values of the 

exterior covering and sheathing in 

perms. Formed exterior siding applied 

in sections with joints not caulked or 

sealed, shall not be considered to 

restrict water vapor transmission; or 

(3) Wall cavities shall be constructed 

so that ventilation is provided to 

dissipate any condensation occurring in 

these cavities; or 

(4) Homes manufactured to be sited in 

‘‘humid climates’’ or ‘‘fringe climates’’

as shown on the Humid and Fringe 

Climate Map in this paragraph shall be 

permitted to have a vapor retarder 

specified in paragraph (b)(1) of this 

section installed on the exterior side of 

the wall insulation or be constructed 

with an external covering and sheathing 

with a combined permeance of not 

greater than 1.0 perm, provided the 

interior finish and interior wall panel 

materials have a combined permeance 

of not less than 5.0 perm.

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 70045

Humid and Fringe Climate Map

(5) The following areas of local 

governments (counties or similar areas, 

unless otherwise specified), listed by 

State are deemed to be within the 

humid and fringe climate areas shown 

on the Humid and Fringe Climate Map 

in paragraph (b)(4) of this section, and 

the vapor retarder specified in 

paragraph (b)(4) of this section may be 

applied to homes built to be sited 

within these jurisdictions:

Alabama 

Baldwin, Barbour, Bullock, Bulter, 

Chootaw, Clarke, Cofee, Conecuh, Covington, 

Crenshaw, Dale, Escambia, Geneva, Henry, 

Houston, Lowndes, Marengo, Mobile, 

Monroe, Montgomery, Pike, Washington, 

Wilcox. 

Florida 

All counties and locations within the State 

of Florida. 

Georgia 

Appling, Atkinson, Bacon, Baker, Ben Hill, 

Berrien, Brantley, Brooks, Bryan, Calhoun, 

Camden, Charlton, Chatham, Clay, Clinch, 

Coffee, Colquitt, Cook, Crisp, Decatur, 

Dougherty, Early, Echols, Effingham, Evans, 

Glynn, Wayne, Grady, Irwin, Jeff Davis, 

Lanier, Lee, Liberty, Long, Lowndes, 

McIntosh, Miller, Mitchell, Pierce, Quitman, 

Randolph, Seminole, Tattnall, Terrell, 

Thomas, Tift, Turner, Ware, Worth. 

Louisiana 

All counties and locations within the State 

of Louisiana. 

Mississippi 

Adams, Amite, Clairbourne, Clarke, 

Copiah, Covington, Forrest, Franklin, George, 

Greene, Hancock, Harrison, Hinds, Issaquena, 

Jackson, Jasper, Jefferson, Jefferson Davis, 

Jones, Lamar, Lawrence, Lincoln, Pearl River, 

Perry, Pike, Rankin, Simpson, Smith, Stone, 

Walthall, Warren, Wayne, Wilkinson. 

North Carolina 

Brunswick, Carteret, Columbus, New 

Hanover, Onslow, Pender. 

South Carolina 

Jasper, Beaufort, Colleton, Dorchester, 

Charleston, Berkeley, Georgetown, Horry. 

Texas 

Anderson, Angelina, Aransas, Atacosa, 

Austin, Bastrop, Bee, Bexar, Brazoria, Brazos, 

Brooks, Burleson, Caldwell, Calhoun, 

Cameron, Camp, Cass, Chambers, Cherokee, 

Colorado, Comal, De Witt, Dimmit, Duval, 

Falls, Fayette, Fort Bend, Franklin, Freestone, 

Frio, Gavelston, Goliad, Gonzales, Gregg, 

Grimes, Guadalupe, Hardin, Harris, Harrison, 

Hays, Henderson, Hidalgo, Hopkins, 

Houston, Jackson, Jasper, Jefferson, Jim Hogg, 

Jim Wells, Karnes, Kaufman, Kennedy, 

Kinney, Kleberg, La Salle, Lavaca, Lee, Leon, 

Liberty, Limestone, Live Oak, Madison, 

Marion, Matagorda, Maverick, McMullen, 

Medina, Milam, Montgomery, Morris, 

Nacogdoches, Navarro, Newton, Nueces, 

Orange, Panola, Polk, Rains, Refugion, 

Robertson, Rusk, Sabine, San Augustine, San 

Jacinto, San Patricio, Shelby, Smith, Starr, 

Titus, Travis, Trinity, Tyler, Upshur, Uvalde, 

Val Verde, Van Zandt, Victoria, Walker, 

Waller, Washington, Webb, Wharton, 

Willacy, Williamson, Wilson, Wood, Zapata, 

Zavala.

* * * * *

19. In § 3280.508, revise paragraphs 

(a), (b), and (e) to read as follows:

§ 3280.508 Heat loss, heat gain and 

cooling load calculations. 

(a) Information, values and data 

necessary for heat loss and heat gain 

determinations shall be taken from the 

1997 ASHRAE Handbook of 

Fundamentals, chapters 22 through 27. 

The following portions of those chapters 

are not applicable:

21.1 Steel Frame Construction 

21.2 Masonry Construction

21.3 Floor Systems 

21.14 Pipes 

21.16 Tanks, Vessels and Equipment 

21.17 Refrigerated Rooms and Buildings 

22.15 Mechanical and Industrial Systems 

23.13 Commercial Building Envelope 

Leakage 

25.4 Calculation of Heat Loss from Crawl 

Spaces

(b) The calculation of the 

manufactured home’s transmission heat 

loss coefficient (Uo) shall be in 

accordance with the fundamental 

principals of the 1997 ASHRAE 

Handbook of Fundamentals and, at a 

minimum, shall address all the heat loss 

or heat gain considerations in a manner 

consistent with the calculation 

procedures provided in the document, 

Overall U-values and Heating/Cooling 

Loads–Manufactured Homes—February 

1992–PNL 8006, HUD User No. 

0005945.

* * * * *

(e) U values for any glazing (e.g., 

windows, skylights, and the glazed 

portions of any door) shall be based on 

tests using [add edition date] AAMA 

1503.1–1988, Voluntary Test Method for 

Thermal Transmittance and 

Condensation Resistance of Windows, 

Doors, and Glazed Wall Sections or the 

National Fenestration Rating Council 

100 (1997 edition), Procedure for 

Determining Fenestration Product 

Thermal Properties. In the absence of 

tests, manufacturers shall use the 

residential window U values contained 

in Chapter 29, Table 5 of the 1997 


EP01DE04.018</GPH>
70046 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 

ASHRAE Handbook of Fundamentals. 

In the event that the classification of the 

window type is indeterminate, the 

manufacturer shall use the classification 

that gives the higher U value. Where a 

composite of materials from two 

different product types are used, the 

product shall be assigned the higher

U value. For the purpose of calculating 

U o values, storm windows shall be 

treated as an additional pane.

* * * * *

20. In § 3280.510, add paragraph (d) to 

read as follows:

§ 3280.510 Heat loss certificate.

* * * * *

(d) The following additional 

statement shall be provided on the 

heating certificate and data plate 

required by § 3280.5 when the home is 

built with a vapor retarder of not greater 

than 1 perm (dry cup method) on the 

exterior side of the insulation: ‘‘This 

home is designed and constructed to be 

sited only in humid or fringe climate 

regions as shown on the Humid and 

Fringe Climate Map.’’ A reproduction of 

the following Humid and Fringe Climate 

Map is to be provided on the heating 

certificate and data plate. The map shall 

be not less than 31⁄2 inch x 21⁄4 inch in 

size and may be combined with the Uo 

Value Zone Map for Manufactured 

Housing in § 3280.506. 

21. In § 3280.604, revise paragraph 

(b)(2) and the table following paragraph 

(b)(2) to read as follows:

§ 3280.604 Materials.

* * * * *

(b) * * * 

(2) When a plastic material or 

component is not covered by the 

Standards in the following table, it shall 

be certified as non-toxic in accordance 

with NSF 61–1997, Drinking Water 

System Components—Health Effects.

Ferrous Pipe and Fittings 

Gray Iron Threaded Fittings—ANSI/ASME 

B16.4–1992. 

Malleable Iron Threaded Fittings—ANSI/

ASME B16.3–1992. 

Material and Property Standard for Special 

Cast Iron Fittings—IAPMO PS 5–84. 

Welding and Seamless Wrought Steel Pipe—

ANSI/ASME B36.10–1979. 

Standard Specification for Pipe, Steel, Black 

and Hot-Dipped, Zinc-Coated, Welded 

and Seamless—ASTM A53–93. 

Pipe Threads, General Purpose (Inch)—

ANSI/ASME B1.20.1–1983. 

Standard Specification for Cast Iron Soil Pipe 

and Fittings—ASTM A74–92. 

Standard Specification for Hubless Cast Iron 

Soil Pipe and Fittings for Sanitary and 

Storm Drain, Waste, and Vent Piping 

Applications—CISPI–301–90. 

Nonferrous Pipe and Fittings 

Standard Specification for Seamless Copper 

Pipe, Standard Sizes—ASTM B42–93. 

Standard Specification for General 

Requirements for Wrought Seamless 

Copper and Copper-Alloy Tube—ASTM 

B251–93. 

Standard Specification for Seamless Copper 

Water Tube—ASTM B 88–93. 

Standard Specification for Copper Drainage 

Tube (DWV)—ASTM B306–92. 

Wrought Copper and Copper Alloy SolderJoint Pressure Fitting—ASME/ANSI 

B16.22–1989. 

Wrought Copper and Wrought Copper Alloy 

Solder-Joint Drainage Fittings–DWV—

ASME/ANSI B16.29–1986. 

Cast Copper Alloy Solder-Joint Pressure 

Fittings—ANSI B16.18–1984. 

Cast Copper Alloy Solder-Joint Drainage 

Fittings–DWV—ASME B16.23–1992. 

Cast Copper Alloy Fittings for Flared Copper 

Tubes—ASME/ANSI B16.26–1988. 

Standard Specification for Seamless Red 

Brass Pipe, Standard Sizes—ASTM B43–

91. 

Cast Bronze Threaded Fittings, Classes 125 

and 250—ANSI/ASME B16.15–1985. 

Plastic Pipe and Fittings 

Standard Specification AcrylonitrileButadiene-Styrene (ABS) Schedule 40 

Plastic Drain, Waste, and Vent Pipe and 

Fittings—ASTM D2661–91. 

Standard Specification for Poly (Vinyl 

Chloride) (PVC) Plastic Drain, Waste, 

and Vent Pipe and Fittings—ASTM 

D2665–91b. 

Standard Specification for Drain, Waste, and 

Vent (DWV) Plastic Fittings Patterns—

ASTM D3311–92. 

Standard Specification for AcrylonitrileButadiene-Styrene (ABS) Schedule 40, 

Plastic Drain, Waste, and Vent Pipe With 

a Cellular Core—ASTM F628–91. 

Standard Specification for Chlorinated Poly 

(Vinyl Chloride) (CPVC) Plastic Hot- and 

Cold-Water Distribution Systems—

ASTM D2846–92. 

Standard Specification for Polybutylene (PB) 

Plastic Hot- and Cold-Water Distribution 

Systems—ASTM D3309–92a. 

Plastic Piping Components and Related 

Materials—ANSI/NSF 14–1990.

Miscellaneous 

Standard Specification for Rubber Gaskets for 

Cast Iron Soil Pipe and Fittings—ASTM 

C564–88. 

Backflow Valves—ANSI A112.14.1–1975. 

Plumbing Fixture Setting Compound—TTP 

1536A–1975. 

Material and Property Standard for Cast Brass 

and Tubing P-Traps—IAPMO PS 2–89. 

Relief Valves and Automatic Gas Shutoff 

Devices for Hot Water Supply Systems—

*ANSI Z21.22–1986, With Addendum 

Z21.22a-1990. 

Standard Specification for Solvent Cement 

for Acrylonitrile-Butadiene-Styrene 

(ABS) Plastic Pipe and Fittings—ASTM 

D2235–88. 

Standard Specification for Solvent Cements 

for Poly (Vinyl Chloride) (PVC) Plastic 

Piping Systems—ASTM D2564–91a. 

Specification for Neoprene Rubber Gaskets 

for HUB and Spigot Cast Iron Soil Pipe 

and Fittings—CISPI-HSN–85. 

Plumbing System Components for 

Manufactured Homes and Recreational 

Vehicles—ANSI/NSF 24–1988. 

Material and Property Standard for Diversion 

Tees and Twin Waste Elbow—IAPMO PS 

9–84. 

Material and Property Standard for Flexible 

Metallic Water Connectors—IAPMO PS 

14–89. 

Material and Property Standard for 

Dishwasher Drain Airgaps—IAPMO PS 

23–89. 

Material and Property Standards for 

Backflow Prevention Assemblies—

IAPMO PS 31–91. 

Performance Requirements for Air 

Admittance Valves for Plumbing 

Drainage Systems, Fixture and Branch 

Devices—ANSI/ASSE 1051–98. 

Drinking Water System Components—Health 

Effects—NSF 61–1997. 

Plumbing Fixtures 

Plumbing Fixtures (General Specifications)—

FS WW–P–541E/GEN–1980. 

Vitreous China Plumbing Fixtures—ANSI/

ASME A112.19.2(M)–1990. 

Enameled Cast Iron Plumbing Fixtures—

ANSI/ASME A112.19.1M–1987. 

Porcelain Enameled Formed Steel Plumbing 

Fixtures—ANSI/ASME A112.19.4(M)–

1984. 

Plastic Bathtub Units With Addenda 

Z124.1a-1990 and Z124.16–1991—ANSI 

Z124.1–1987. 

Standard for Porcelain Enameled Formed 

Steel Plumbing Fixtures—IAPMO TSC 

22–85. 

Plastic Shower Receptors and Shower Stalls 

With Addendum Z124.2a-1990—ANSI 

Z124.2–1987. 

Stainless Steel Plumbing Fixtures (Designed 

for Residential Use)—ANSI/ASME 

A112.19.3M–1987. 

Material and Property Standard for Drains for 

Prefabricated and Precast Showers—

IAPMO PS 4–90. 

Plastic Lavatories with addendum Z124.3a1990—ANSI Z124.3–1986. 

Safety Performance Specifications and 

Methods of Test for Safety Glazing 

Materials Used in Building—ANSI 

Z97.1–1984. 

Water Heater Relief Valve Drain Tubes—

ASME/ANSI A112.4.1–1993. 

Flexible Water Connectors—ASME/ANSI 

A112.18.6–1999. 

Performance Requirements for Backflow 

Protection Devices and Systems in 

Plumbing Fixture Fittings—ASME/ANSI 

A112.18.3–1996. 

Non-Vitreous Ceramic Plumbing Fixtures—

ASME/ANSI A112.19.9M–1998. 

Dual Flush Devices for Water Closets—

ASME/ANSI A119.19.10–1994 

Deck Mounted Bath/Shower Transfer Valves 

with Integral BackFlow Protection—

ASME/ANSI A112.18.7–1999. 

Plastic Fittings for Connecting Water Closets 

to the Sanitary Drainage System—ASME/

ANSI A112.4.3–1999. 

Hydraulic Requirements for Water Closets 

and Urinals, A112.19.6–1995 

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 70047

Plumbing Fixture Fittings—ASME/ANSI 

A112.18.1M–1996. 

Trim for Water Closet, Bowls, Tanks, and 

Urinals—ANSI A112.19.5–1979. 

Plastic Water Closets, Bowls and Tanks with 

Addenda Z124.4a-1990—ANSI Z124.4–

1986. 

ANSI Z124.5, Plastic Toilet (Water Closet) 

Seats (1997). 

ANSI Z124.7, Prefabricated Plastic Spa Shells 

(1997). 

ANSI Z124.8, Plastic Bathtub Liners (1990). 

ANSI Z124.9, Plastic Urinal Fixtures (1994). 

Whirlpool Bathtub Appliances—ASME/ANSI 

A112.19.7M–1987. 

Performance Requirements for Individual 

Thermostatic Pressure Balancing and 

Combination Control for Bathing 

Facilities—ASSE 1016–1988, (ANSI 

1990). 

Performance Requirements for Pressurized 

Flushing Devices (Flushometers) For 

Plumbing Fixtures—ASSE 1037–1990 

(ANSI–1990). 

Performance Requirements for Water Closet 

Flush Tank Fill Valves (Ballcocks)—

ASSE 1002 Revision 5–1986, (ANSI/

ASSE–1979). 

Performance Requirements for Hand-held 

Showers—ASSE 1014–1989 (ANSI–

1990). 

Hydrants for Utility and Maintenance Use—

ANSI/ASME A112.21.3M–1985. 

Performance Requirements for Home 

Laundry Equipment—ASSE 1007–1986. 

Performance Requirements for Hot Water 

Dispensers, Household Storage Type 

Electrical—ASSE 1023–ANSI/ASSE–

1979. 

Plumbing Requirements for Residential Use 

(Household) Dishwashers—ASSE 1006, 

ASSE/ANSI–1986. 

Performance Requirements for Household 

Food Waste Disposer Units—ASSE 

1008–1986. 

Performance Requirements for Temperature 

Activated Mixing Valves for Primary 

Domestic Use—ASSE 1017–1986. 

Water Hammer Arresters—ANSI A112.26.1–

1969 (R 1975). 

Suction Fittings for Use in Swimming Pools, 

Wading Pools, Spas, Hot Tubs and 

Whirlpool Bathtub Appliances—ASME/

ANSI A112.19.8M–1989. 

Air Gaps in Plumbing Systems—ASME 

A112.1.2–1991. 

Performance Requirements for Diverters for 

Plumbing Faucets with Hose Spray, 

Anti-Siphon Type, Residential 

Applications—ASSE 1025–ANSI/ASSE–

1978. 

Performance Requirements for Pipe Applied 

Atmospheric Type Vacuum Breakers—

ASSE 1001 ASSE/ASNI–1990. 

Performance Requirements for Hose 

Connection Vacuum Breakers—ASSE 

1011–1981 (ANSI–1982).

Performance Requirements for Wall 

Hydrants, Frost Proof Automatic 

Draining, Anti-Backflow Types—ANSI/

ASSE 1019–1978.

21. In § 3280.607, add new paragraph 

(a)(6), redesignate paragraphs (b)(2)(iii) 

through (v) as paragraphs (b)(2)(iv) 

through (vi), respectively, add new 

paragraph (b)(2)(iii), and revise 

paragraph (c)(6)(iv) to read as follows:

§ 3280.607 Plumbing fixtures. 

(a) * * * 

(6) Water conservation. All lavatory 

faucets, showerheads, and sink faucets 

shall not exceed a flow of 2.5 gallons 

per minute (gpm). 

(b) * * * 

(2) * * * 

(iii) All water closets shall be low 

consumption (1.6 gallons per flush 

(gpf)) closets.

* * * * *

(c) * * * 

(6) * * * 

(iv) Electrical. Refer to the National 

Electrical Code NFPA 70–1996, Section 

680G. 

22. In § 3280.703, revise the table 

following the introductory text to read 

as follows:

§ 3280.703 Minimum standards.

* * * * *

Appliances 

Standard for Safety, Heating and Cooling 

Equipment, UL 1995, 1995 edition. 

Liquid Fuel-Burning Heating Appliances for 

Manufactured Homes and Recreational 

Vehicle—UL 307A–1995, with revision 

September 98. 

Fixed and Location-Dedicated Electric Room 

Heaters—UL 2021, 1997 with Revision 7/

98. 

Electric Baseboard Heating Equipment—UL 

1042, 1994 with revision 9/98. 

Electric Central Air Heating Equipment—UL 

1096-Fourth Edition–1986 With 

Revisions July 16, 1986 and January 30, 

1988. 

Gas Burning Heating Appliances for Mobile 

Homes and Recreational Vehicles—UL 

307B–1995, with revision September 98. 

Gas Clothes Dryers Vol. 1, Type 1 Clothes 

Dryers—ANSI Z21.5.1–1995. 

Gas Fired Absorption Summer Air 

Conditioning Appliances—ANSI 

Z21.40.1–1996, with Addendum Z21.40 

1a–1997. 

Gas-Fired Central Furnaces—ANSI Z21.47–

1995, with Addenda Z21.47a–1995 and 

Z21.47b–1997. 

Household Cooking Gas Appliances ANSI 

Z21.1–1996, with Addenda Z 21.1a–1997 

and Z 21.1b–1998. 

Refrigerators Using Gas Fuel—ANSI Z21.19–

1990, with Addendum ANSI Z 21.19a–

1992 and Z 21.19b–1995. 

Gas Water Heaters Vol. 1, Storage Water 

Heaters With Input Ratings of 75,000 

BTU per hour or Less—ANSI Z21.10.1–

1998. 

Household Electric Storage Tank Water 

Heaters—UL 174–1996, With Revision 

November 1997. 

Gas Piping Systems Using Corrugated 

Stainless Steel Tubing—LC 1–1997. 

Ferrous Pipe and Fittings 

Standard Specification for Pipe, Steel, Black 

and Hot-Dipped, Zinc-Coated, Welded 

and Seamless—ASTM A53–93. 

Standard Specification for ElectricResistance-Welded Coiled Steel Tubing 

for Gas and Fuel Oil Lines—*ASTM 

A539–1990. 

Pipe Threads, General Purpose (Inch)—

ANSI/ASME B1.20.1–1983. 

Welding and Seamless Wrought Steel Pipe—

ANSI/ASME B36.10–1979. 

Nonferrous Pipe, Tubing and Fittings 

Standard Specification for Seamless Copper 

Water Tube—ASTM B88–93. 

Standard Specification for Seamless Copper 

Tube for Air Conditioning and 

Refrigeration Field Service—ASTM 

B280, A–95. 

Metal Connectors for Gas Appliances—ANSI 

Z21.24–1997. 

Manually Operated Gas Valves for 

Appliances, Appliance Connector Valves 

and Hose End Valves—ANSI Z21.15–

1997. 

Standard for Gas Supply Connectors for 

Manufactured Homes—IAPMO TSC 9–

1997. 

Standard Specification for General 

Requirements for Wrought Seamless 

Copper and Copper-Alloy Tubes—ASTM 

B251–93. 

Standard Specification for Seamless Copper 

Pipe, Standard Sizes—ASTM B42–93. 

Miscellaneous 

Factory-Made Air Ducts and Connectors—UL 

181, 1998. 

UL 181A, Standard for Safety Closure 

Systems for use with Rigid Air Ducts and 

Air Connectors, 1994, with revision 12/

98. 

UL 181B, Standard for Safety Closure 

Systems for use with Flexible Air Ducts 

and Air Connectors, 1995, with revision 

12/98. 

Tube Fittings for Flammable and 

Combustible Fluids, Refrigeration 

Service, and Marine Use—UL 109–1997. 

Pigtails and Flexible Hose Connectors for LPGas—UL 569, 1996 with revision 9/98. 

Roof Jacks for Manufactured Homes and 

Recreational Vehicles—UL 311, 1994 

with revision 9/98. 

Relief Valves and Automatic Gas Shutoff 

Devices for Hot Water Supply Systems—

ANSI Z21.22–1986, With Addenda 

Z21.22a–1990. 

Automatic Gas Ignition Systems and 

Components—ANSI Z21.20–1997, with 

Addendum Z 21.20a–1998. 

Automatic Valves for Gas Appliances—ANSI 

Z21.21–1995, with Addendum Z 21.21a–

1998. 

Gas Appliance Thermostats—ANSI Z21.23–

1993, with Addenda Z 21.23a–1994 and 

Z 21.23b–1997. 

Gas Vents—UL 441, 1996 with revision 10/

97. 

Standard for the Installation of Oil-Burning 

Equipment, NFPA 31, 1997 Edition. 

National Fuel Gas Code—NFPA 54–1996/

ANSI Z223.1. 

Warm Air Heating and Air Conditioning 

Systems, NFPA 90B, 1996 Edition.

Standard for the Storage and Handling of 

Liquefied Petroleum Gases, NFPA 58–

1995 Edition. 

Flares for Tubing—SAE–J533b–1992. 

70048 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 

Chimneys, Factory-Built Residential Type 

and Building Heating Appliance—UL 

103, 1995, with revision 2/96. 

Factory-Built Fireplaces—UL 127–1996 with 

revision 6/98. 

Room Heaters Solid-Fuel Type—UL 1482, 

1996 with revision 9/98. 

Standard for Safety Fireplace Stoves—UL 

737, 1996 with revision 6/98. 

Unitary Air-Conditioning and Air-Source 

Heat Pump Equipment—ANSI/ARI 210/

240–89. 

AGA Requirements for Gas Connectors for 

Connection of Fixed Appliances for 

Outdoor Installation, Park Trailers and 

Manufactured (Mobile) Homes to the Gas 

Supply—No. 3–87.

23. In § 3280.704, revise paragraph 

(b)(5)(i) to read as follows:

§ 3280.704 Fuel supply systems.

* * * * *

(b) * * * 

(5) LP-gas safety devices. (i) DOT 

containers shall be provided with safety 

relief devices as required by the 

regulation of the U.S. Department of 

Transportation. ASME containers shall 

be provided with relief valves in 

accordance with subsection 221 of 

NFPA 58–1995, Standard for the Storage 

and Handling Liquefied Petroleum 

Gases. Safety relief valves shall have 

direct communication with the vapor 

space of the vessel.

* * * * *

24. In § 3280.705, revise paragraphs 

(b)(3), (b)(4), (c)(2), (l)(1), (l)(2)(ii), and 

(l)(3) to read as follows:

§ 3280.705 Gas piping systems.

* * * * *

(b) * * * 

(3) Copper Tubing shall be annealed 

type, Grade K or L, conforming to the 

Standard Specification for Seamless 

Copper Water Tube (ASTM B88–93) or 

shall comply with the Standard 

Specification for Seamless Copper Tube 

for Air Conditioning and Refrigeration 

Service, ASTM 280–1995. Copper 

tubing shall be internally tinned. 

(4) Steel tubing shall have a minimum 

wall thickness of 0.032 inch for tubing 

of 1⁄2 inch diameter and smaller and 

0.049 inch for diameters 1⁄2 inch and 

larger. Steel tubing shall be in 

accordance with ASTM Standard 

Specification for Electric-ResistanceWelded Coiled Steel Tubing for Gas and 

Fuel Oil Lines, ASTM 539–1990, and 

shall be externally corrosion protected. 

(c) * * * 

(2) The connection(s) between units 

shall be made with a connector(s) listed 

for exterior use or direct plumbing sized 

in accordance with § 3280.705(d). A 

shutoff valve of the non-displaceable 

rotor type conforming to ANSI Z21.15–

1997, Manually Operated Gas Valves for 

Appliances, Appliances Connector 

Valves and Hose End Valves, suitable 

for outdoor use shall be installed at each 

crossover point upstream of the 

connection when listed connectors are 

used.

* * * * *

(l) * * * 

(1) A listed LP-Gas flexible 

connection conforming to UL 569–1998, 

Standard for Pigtails and Flexible Hose 

Connectors for LP Gas, or equal shall be 

supplied when LP-Gas cylinders(s) and 

regulator(s) are supplied. 

(2) * * * 

(ii) The outlet shall be provided with 

an approved quick-disconnect device, 

which shall be designed to provide a 

positive seal on the supply side of the 

gas system when the appliance is 

disconnected. A shutoff valve of the 

non-displaceable rotor type conforming 

to ANSI Z21.15–1997, Manually 

Operated Gas Valves, Shall be installed 

immediately upstream of the quickdisconnect device. The complete device 

shall be provided as part of the original 

installation.

* * * * *

(3) Valves. A shutoff valve shall be 

installed in the fuel piping at each 

appliance inside the manufactured 

home structure, upstream of the union 

or connector in addition to any valve on 

the appliance and so arranged to be 

accessible to permit servicing of the 

appliance and removal of its 

components. The shutoff valve shall be 

located within 6 feet of any cooking 

appliance and within 3 feet of any other 

appliance. A shutoff valve may serve 

more than one appliance if located as 

required above. Shutoff valve shall be of 

the non-displaceable rotor type and 

conform to ANSI Z21.15–1997, 

Manually Operated Gas Valves.

* * * * *

25. In § 3280.706, revise paragraph 

(b)(3) to read as follows:

§ 3280.706 Oil piping systems.

* * * * *

(b) * * * 

(3) Copper tubing shall be annealed 

type, Grade K or L conforming to the 

Standard Specification for Seamless 

Copper Water Tube, ASTM B88–93, or 

shall comply with ASTM B280–1995, 

Standard Specification for Seamless 

Copper Tube for Air Conditioning and 

Refrigeration Field Service.

* * * * *

26. In § 3280.707, revise paragraph (f) 

to read as follows:

§ 3280.707 Heat producing appliances.

* * * * *

(f) Oil-fired heating equipment. All 

oil-fired heating equipment shall 

conform to liquid fuel-burning heating 

appliances for UL 307A–1995, with 

revision 9/98, Liquid Fuel-Burning 

Heating Appliances for Mobile Homes 

and Recreational Vehicles, and be 

installed in accordance with Standard 

for the Installation of Oil Burning 

Equipment, NFPA 31–1997. Regardless 

of the requirements of the above 

referenced standards, or any other 

referenced standards, the following are 

not required: 

(1) External switches or remote 

controls which shut off the burner or the 

flow of oil to the burner, or 

(2) An emergency disconnect switch 

to interrupt electric power to the 

equipment under conditions of 

excessive temperature. 

27. In § 3280.709, add paragraph (h) to 

read as follows:

§ 3280.709 Installation of appliances.

* * * * *

(h) A corrosion resistant water drip 

collection and drain pan shall be 

installed under each water heater that 

will allow water leaking from the water 

heater to drain to the exterior of the 

manufactured homes, or a drain. 

28. In § 3280.714, revise paragraph 

(a)(2) to read as follows:

§ 3280.714 Appliance cooling. 

(a) * * * 

(2) Gas fired absorption air 

conditioners shall be listed or certified 

in accordance with ANSI Z21.40.1–

1996, Gas Fired Absorption Summer Air 

Conditioning Appliance, and certified 

by a nationally recognized testing 

agency capable of providing follow-up 

service.

* * * * *

29. In § 3280.715, revise paragraph (c), 

the introductory text of paragraph (e), 

and paragraph (e)(1) to read as follows:

§ 3280.715 Circulating air systems.

* * * * *

(c) Joints and seams. Joints and seams 

of sheet metal and factory-made flexible 

ducts including trunks, branches, risers, 

crossover ducts, and crossover duct 

plenums shall be mechanically secured 

and made substantially airtight. Slip 

joints in sheet metal ducts shall have a 

lap of at least 1 inch and shall be 

mechanically fastened. Tapes or 

caulking compounds shall be permitted 

to be used for sealing mechanically 

secure joints. Sealants and tapes shall be 

applied only to surfaces that are dry and 

dust-, dirt-, oil-, and grease-free. Tapes 

and mastic closure systems for use with 

factory-made rigid fiberglass air ducts 

and air connectors shall be listed in 

accordance with UL Standard 181A–

1998. Tapes and mastic closure systems 

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 70049

for use with factory-made flexible air 

ducts and air connectors shall be listed 

in accordance with UL Standard 181B–

1998.

* * * * *

(e) Registers and grills. Fittings 

connecting the registers and grills to the 

duct system shall be constructed of 

metal or material which complies with 

the requirements of Class 1 or 2 ducts 

under UL 181–1998, Factory Made Air 

Ducts and Connectors. Air supply 

terminal devices (registers) when 

installed in kitchen, bedrooms and 

bathrooms shall be equipped with 

adjustable closeable dampers. Registers 

or grills shall be constructed of metal or 

conform with the following: 

(1) Be made of a material classified 

94V–0 or 94V–1 when tested as 

described in UL 94–1996, Test for 

Flammability of Plastic Materials for 

Parts in Devices and Appliances.

* * * * *

30. In § 3280.801, revise paragraphs 

(a) and (b) to read as follows:

§ 3280.801 Scope. 

(a) Subpart I of this standard and part 

B of Article 550 of the National 

Electrical Code (NFPA No. 70–1996) 

cover the electrical conductors and 

equipment installed within or on 

manufactured homes and the 

conductors that connect manufactured 

homes to a supply of electricity. 

(b) In addition to the requirements of 

this standard and Article 550 of the 

National Electrical Code (NFPA No. 70–

1996) the applicable portions of other 

Articles of the National Electrical Code 

shall be followed covering electrical 

installations in manufactured homes. 

Wherever the requirements of this 

standard differ from the National 

Electrical Code, this standard shall 

apply.

* * * * *

31. In § 3280.803, revise the last 

sentence of the caption following the 

illustration in paragraph (g), paragraph 

(k)(1), the introductory text of paragraph 

(k)(3), and paragraphs (k)(3)(ii) and 

(k)(3)(iii) to read as follows:

§ 3280.803 Power supply.

* * * * *

(g) * * *

* * * Complete details of the 50-ampere 

cap and receptacle can be found in the 

American National Standard Dimensions of 

Caps, Plugs, and Receptacles, Grounding 

Type (ANSI/NEMA—WD–6—Wiring 

Devices—Dimensional Requirements, 1997).

* * * * *

(k) * * * 

(1) One mast weatherhead installation 

installed in accordance with Article 230 

of the National Electrical Code NFPA 

No. 70–1996 containing four continuous 

insulated, color-coded, feeder 

conductors, one of which shall be an 

equipment grounding conductor; or

* * * * *

(3) Service equipment installed on the 

manufactured home in accordance with 

Article 230 of the National Electrical 

Code NFPA No. 70–1996; and

* * * * *

(ii) Exterior equipment, or the 

enclosure in which it is installed shall 

be weatherproof and installed in 

accordance with Article 373–2 of the 

National Electrical Code NFPA No. 70–

1996. Conductors shall be suitable for 

use in wet locations; 

(iii) The neutral conductor shall be 

connected to the system grounding 

conductor on the supply side of the 

main disconnect in accordance with 

Articles 250–23, 25, and 53 of NFPA No. 

70–1996.

* * * * *

32. In § 3280.804, revise paragraph (a) 

and the first sentence of paragraph (k) 

to read as follows:

§ 3280.804 Disconnecting means and 

branch-circuit protective equipment. 

(a) The branch-circuit equipment 

shall be permitted to be combined with 

the disconnecting means as a single 

assembly. Such a combination shall be 

permitted to be designated as a 

distribution panelboard. If a fused 

distribution panelboard is used, the 

maximum fuse size of the mains shall be 

plainly marked with lettering at least 1⁄4-

inch high and visible when fuses are 

changed. (See Section 110–22 of NFPA 

70–1996, National Electrical Code, 

concerning identification of each 

disconnecting means and each service, 

feeder, or branch circuit at the point 

where it originated and the type 

marking needed.)

* * * * *

(k) When a home is provided with 

installed service equipment, a single 

disconnecting means for disconnecting 

the branch circuit conductors from the 

service entrance conductors shall be 

provided in accordance with Part F of 

Article 230 of the National Electrical 

Code, NFPA No. 70–1996.* * *

* * * * *

33. In § 3280.805, revise paragraph 

(a)(3)(iv) to read as follows:

§ 3280.805 Branch circuits required. 

(a) * * *

(3) * * *

(iv) The rating of range branch circuit 

shall be based on the range demand as 

specified or ranges in § 3280.811, Item 

B(5) of Method 1. For central air 

conditioning, see Article 440 of the 

National Electrical Code (NFPA No. 70–

1996).

* * * * *

34. In § 3280.806, revise paragraph 

(a)(2) and paragraph (d)(9) to read as 

follows:

§ 3280.806 Receptacle outlets. 

(a) * * *

(2) Installed according to section 210–

7 of the National Electrical Code (NFPA 

No. 70–1996).

* * * * *

(d) * * * 

(9) At least one wall receptacle outlet 

shall be installed in bathrooms within 

36 inches (914 mm) of the outside edge 

of each basin. The receptacle outlet 

shall be located on a wall that is 

adjacent to the basin location. This 

receptacle shall be in addition to any 

receptacle that is part of a lighting 

fixture or appliance. The receptacle 

shall not be enclosed within a bathroom 

cabinet or vanity.

* * * * *

35. In § 3280.807, revise paragraph (c) 

to read as follows:

§ 3280.807 Fixtures and appliances.

* * * * *

(c) If a lighting fixture is provided 

over a bathtub or in a shower stall, it 

shall be of the enclosed and gasketed 

type, listed for wet locations. See also 

Article 410–4(d) of the National 

Electrical Code NFPA No. 70–1996.

* * * * *

36. In § 3280.808, revise paragraphs 

(a), (m), (o), and (q), remove paragraph 

(r), and redesignate paragraph (s) as 

paragraph (r), to read as follows:

§ 3280.808 Wiring methods and materials. 

(a) Except as specifically limited in 

this part, the wiring methods and 

materials specified in the National 

Electrical Code (NFPA No. 70–1996) 

shall be used in manufactured homes.

* * * * *

(m) Outlet boxes of dimensions less 

than those required in Table 370–16(a) 

of the National Electrical Code (NFPA 

No. 70–1996) shall be permitted 

provided the box has been tested and 

approved for the purpose.

* * * * *

(o) Outlet boxes shall fit closely to 

openings in combustible walls and 

ceilings and shall be flush with the 

finish surface or project therefrom. In 

walls and ceilings of noncombustible 

material, outlet boxes and fittings shall 

be installed so that the front edge of the 

box or fitting will not be set back from 

the finished surface more than 1⁄4 inch. 

Plaster, drywall, or plasterboard 

70050 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Proposed Rules 

surfaces that are broken or incomplete 

shall be repaired so that there will be no 

gaps or open spaces greater than 1⁄8 inch 

at the edge of the box or fitting.

* * * * *

(q) A substantial brace for securing a 

box, fitting or cabinet shall be as 

described in the National Electrical 

Code, NFPA 70–1996 Article 370–23(b), 

or the brace, including the fastening 

mechanism to attach the brace to the 

home structure, shall withstand a force 

of 50 lbs. applied to the brace at the 

intended point(s) of attachment for the 

box in a direction perpendicular to the 

surface in which the box is installed.

* * * * *

37. In § 3280.811, revise the 

introductory text of paragraph (b) to 

read as follows:

§ 3280.811 Calculations.

* * * * *

(b) The following is an optional 

method of calculation for lighting and 

appliance loads for manufactured 

homes served by single 3-wire 120/240 

volt set of feeder conductors with an 

ampacity of 100 or greater. The total 

load for determining the feeder 

ampacity may be computed in 

accordance with the following table 

instead of the method previously 

specified. Feeder conductors whose 

demand load is determined by this 

optional calculation shall be permitted 

to have the neutral load determined by 

section 220–22 of the National Electrical 

Code (NFPA No. 70–1996). The loads 

identified in the table as ‘‘other load’’

and as ‘‘Remainder of other load’’ shall 

include the following:

* * * * *

Dated: November 2, 2004. 

John C. Weicher, 

Assistant Secretary for Housing—Federal 

Housing Commissioner.

[FR Doc. 04–26381 Filed 11–26–04; 2:46 pm] 

BILLING CODE 4210–27–P