[Federal Register Volume 69, Number 230 (Wednesday, December 1, 2004)]
[Proposed Rules]
[Pages 70016-70050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26381]



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Part III





Housing and Urban Development Department





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24 CFR Part 3280



Manufactured Home Construction and Safety Standards; Proposed Rule

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

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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.

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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:
    <bullet> The Federal eRulemaking Portal at: http://www.regulations.gov; or
    <bullet> 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, performance-based 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 Sec.  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 whole-house 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 Sec.  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 Sec.  3280.303(g) to 
eliminate the requirement that a manufacturer submit alternative 
testing procedures to HUD except, as discussed below, for one-piece 
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 Sec.  
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 
Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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

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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 Sec.  3280.306(b) to require that 
each column support pier location required along the marriage line(s) 
of multi-section 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 Sec.  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 
Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 
Sec.  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 Sec.  3280.709 by adding a paragraph 
(h) to require the installation of a corrosion resistant water drip 
collection and drain

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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 Sec.  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 Sec.  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 Sec.  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.
BILLING CODE 4210-27-P

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BILLING CODE 4210-27-C

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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 Sec.  
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

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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 Sec.  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 loose-fill insulation that provides a performance-
based 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 Sec.  3280.206 to read as follows:

Sec.  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 one-piece 
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 Sec. Sec.  3280.303(c) and (g) and 
3280.401.''

    The preamble language submitted by the MHCC on this issue is:

    The proposed rule would amend Sec.  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 
Sec. Sec.  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

[[Page 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:

----------------------------------------------------------------------------------------------------------------
                                     Number of     Responses per   Total annual      Hours per
     Information collection         respondents     respondent       responses       response       Total hours
----------------------------------------------------------------------------------------------------------------
Whole-house ventilation                      200             850         170,000            .012            2040
 instructions...................
Mark location of whole-house                 200             850         170,000            .012            2040
 ventilation....................
Centerline support locations....             200             510         102,000            .033            3366
Map size on Heat Loss                        200             850         170,000             (*)              10
 Certificate....................
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, <a href="/cdn-cgi/l/email-protection#4805293a23170c6617052d262b2021230827252a662d2738662f273e"><span class="__cf_email__" data-cfemail="6d200c1f06322943322008030e0504062d02000f4308021d430a021b">[email protected]</span></a>.

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

[[Page 70036]]

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.asse-plumbing.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 Sec.  3280.4(b), add the following organizations to the list 
in alphabetical order to read as follows:


Sec.  3280.4  Incorporation by reference.

* * * * *
    (b) * * *

    NEMA--National Electrical Manufacturers Association, 1300 North 
17th Street, Suite 1847, Rosslyn, VA 22209

[[Page 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 Sec.  3280.103, revise paragraph (b) to read as follows:


Sec.  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 ft\3\/min/ft\2\ 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 Sec.  
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 Sec.  3280.202, revise the definition of ``Limited 
combustible'' and the definition of ``Noncombustible material'' to read 
as follows:


Sec.  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 Sec.  3280.203(a) to read 
as follows:


Sec.  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 
Sec.  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 interior-
finish materials required by Sec.  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 Sec.  3280.206 to read as follows:


Sec.  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 Sec.  3280.207, revise paragraph (a)(4) introductory text to 
read as follows:


Sec.  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

[[Page 70038]]

module. The materials shall be capable of meeting the following 
acceptance criteria required for their location.
* * * * *
    8. In Sec.  3280.303, paragraph (g) is revised to read as follows:


Sec.  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 Sec.  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 Sec.  3280.304, revise paragraph (b) to read as follows:


Sec.  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 Plywood-Lumber 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 Stressed-Skin 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 Sec.  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:


Sec.  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 Sec. Sec.  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:
BILLING CODE 4210-27-P


[[Page 70039]]


[GRAPHIC] [TIFF OMITTED] TP01DE04.014

BILLING CODE 4210-27-C

[[Page 70040]]

    (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 structural-rated 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 Cold-Formed Steel Structural 
Members, AISI-SG-971, 1996, and the Stainless Steel Cold-Formed 
Structural Design Manual, ASCE 8, 1991.
* * * * *
    11. In Sec.  3280.306, revise paragraph (b) to read as follows:


Sec.  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 Sec.  3280.401, revise paragraphs (a) and (b) to read as 
follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  3280.402 to read as follows:


Sec.  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

[[Page 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).
[GRAPHIC] [TIFF OMITTED] TP01DE04.015

    (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 cross-
braced) 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).

[[Page 70042]]

[GRAPHIC] [TIFF OMITTED] TP01DE04.016

    (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).

[[Page 70043]]

[GRAPHIC] [TIFF OMITTED] TP01DE04.017

    (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 Sec.  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 Sec.  3280.402(f)(3). 
Manufacturers of listed or labeled trusses shall follow an in-house 
quality control program approved by an independent third party as 
specified in Sec.  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 Sec.  3280.402(f)(3) and a 
truss certification program as specified in Sec.  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 follow-up 
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 Sec.  3280.403, revise paragraph (b), paragraph (d)(2), and 
paragraph (e) to read as follows:


Sec.  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

[[Page 70044]]

exterior and interior pressure tests shall be conducted at the design 
wind loads required for components and cladding specified in Sec.  
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 Sec.  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-Third-Party 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 Sec.  3280.404, revise paragraph (b) to read as follows:


Sec.  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 Sec.  3280.305(c)(1).
* * * * *
    16. In Sec.  3280.405, revise paragraphs (b) and (e) to read as 
follows:


Sec.  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 Sec.  3280.406, revise the introductory text in paragraph 
(b) to read as follows:


Sec.  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 Sec.  3280.504, revise paragraph (a)(1) and paragraph (b) to 
read as follows:


Sec.  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.

[[Page 70045]]

Humid and Fringe Climate Map
[GRAPHIC] [TIFF OMITTED] TP01DE04.018

    (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 Sec.  3280.508, revise paragraphs (a), (b), and (e) to read 
as follows:


Sec.  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

[[Page 70046]]

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 Sec.  3280.510, add paragraph (d) to read as follows:


Sec.  3280.510  Heat loss certificate.

* * * * *
    (d) The following additional statement shall be provided on the 
heating certificate and data plate required by Sec.  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 3\1/2\ inch 
x 2\1/4\ inch in size and may be combined with the Uo Value Zone Map 
for Manufactured Housing in Sec.  3280.506.
    21. In Sec.  3280.604, revise paragraph (b)(2) and the table 
following paragraph (b)(2) to read as follows:


Sec.  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 Solder-Joint 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 Acrylonitrile-Butadiene-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 Acrylonitrile-Butadiene-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 Z124.3a-1990--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

[[Page 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 Sec.  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:


Sec.  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 Sec.  3280.703, revise the table following the introductory 
text to read as follows:


Sec.  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 Electric-Resistance-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 LP-Gas--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.

[[Page 70048]]

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 Sec.  3280.704, revise paragraph (b)(5)(i) to read as 
follows:


Sec.  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 Sec.  3280.705, revise paragraphs (b)(3), (b)(4), (c)(2), 
(l)(1), (l)(2)(ii), and (l)(3) to read as follows:


Sec.  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-Resistance-Welded 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 Sec.  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 quick-disconnect 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 Sec.  3280.706, revise paragraph (b)(3) to read as follows:


Sec.  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 Sec.  3280.707, revise paragraph (f) to read as follows:


Sec.  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 Sec.  3280.709, add paragraph (h) to read as follows:


Sec.  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 Sec.  3280.714, revise paragraph (a)(2) to read as follows:


Sec.  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 Sec.  3280.715, revise paragraph (c), the introductory text 
of paragraph (e), and paragraph (e)(1) to read as follows:


Sec.  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

[[Page 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 Sec.  3280.801, revise paragraphs (a) and (b) to read as 
follows:


Sec.  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 Sec.  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:


Sec.  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 Sec.  3280.804, revise paragraph (a) and the first sentence 
of paragraph (k) to read as follows:


Sec.  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 Sec.  3280.805, revise paragraph (a)(3)(iv) to read as 
follows:


Sec.  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 Sec.  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 Sec.  3280.806, revise paragraph (a)(2) and paragraph (d)(9) 
to read as follows:


Sec.  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 Sec.  3280.807, revise paragraph (c) to read as follows:


Sec.  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 Sec.  3280.808, revise paragraphs (a), (m), (o), and (q), 
remove paragraph (r), and redesignate paragraph (s) as paragraph (r), 
to read as follows:


Sec.  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

[[Page 70050]]

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 Sec.  3280.811, revise the introductory text of paragraph 
(b) to read as follows:


Sec.  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


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