2496 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 3280, 3282, and 3285 

[Docket No. FR–6149–F–02] 

RIN 2502–AJ49 

Manufactured Home Construction and 

Safety Standards 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Federal Manufactured Home 

Construction and Safety Standards (the 

Construction and Safety Standards) by 

adopting recommendations made to 

HUD by the Manufactured Housing 

Consensus Committee (MHCC), as 

modified by HUD. The National 

Manufactured Housing Construction 

and Safety Standards Act of 1974 (the 

Act) requires HUD to publish in the 

proposed revised Construction and 

Safety Standards submitted by the 

MHCC. The MHCC prepared and 

submitted to HUD its third group of 

recommendations to improve various 

aspects of the Construction and Safety 

Standards. HUD reviewed those 

recommendations and adopted some of 

them after making editorial revisions 

and some additions. This final rule 

further revises the Construction and 

Safety Standards based on HUD’s 

review and incorporation of certain 

public comments. 

DATES: Effective Date: March 15, 2021. 

The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register as of March 15, 2021. The 

incorporation by reference of certain 

other publications listed in the rule was 

approved by the Director of the Federal 

Register as of August 11, 1987. 

FOR FURTHER INFORMATION CONTACT: 

Teresa B. Payne, Administrator, Office 

of Manufactured Housing Programs, 

Office of Housing, U.S. Department of 

Housing and Urban Development, 451 

7th Street SW, Washington DC 20410; 

telephone 202–402–5365 (this is not a 

toll-free number). Persons with hearing 

or speech impairments may access this 

number via TTY by calling the Federal 

Information Relay Service at 800–877– 

8389 (this is a toll-free number). 

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 the 

Manufactured Housing Improvement 

Act of 2000 (Pub. L. 106–569, approved 

December 27, 2000) which established 

the Manufactured Housing Consensus 

Committee (MHCC), a consensus 

committee responsible for providing 

HUD recommendations to adopt, revise 

and interpret the Construction and 

Safety Standards. HUD’s Construction 

and Safety Standards apply to the 

design, construction, and installation of 

new homes. Changes to the collective 

standards are not retroactively enforced 

by HUD as applicable to previously 

designed, built, and installed homes. 

As amended, the purposes of the Act 

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

To protect the quality, durability, safety, 

and affordability of manufactured 

homes; (2) to facilitate the availability of 

affordable manufactured homes and to 

increase homeownership for all 

Americans; (3) to provide for the 

establishment of practical, uniform, and, 

to the extent possible, performancebased Federal construction standards for 

manufactured homes; (4) to encourage 

innovative and cost-effective 

construction techniques for 

manufactured homes; (5) to protect 

residents of manufactured homes with 

respect to personal injuries and the 

amount of insurance costs and property 

damages in manufactured housing 

consistent with the other purposes of 

this section; (6) to establish a balanced 

consensus process for the development, 

revision, and interpretation of 

Construction and Safety standards for 

manufactured homes and related 

regulations for the enforcement of such 

standards; (7) to ensure uniform and 

effective enforcement of 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, are 

performance-based, and are objectively 

stated. Congress specifically established 

the MHCC to develop proposed 

revisions to the Construction and Safety 

Standards. The Act provides specific 

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

MHCC process. 

The MHCC held its first meeting in 

August 2002 and began work on 

reviewing possible revisions to the 

Construction and Safety Standards. As 

the MHCC proceeded, proposed 

revisions to the Construction and Safety 

Standards were divided into sets. The 

first set of revisions proposed by the 

MHCC was published as a final rule in 

the Federal Register on November 30, 

2005 (70 FR 72024). The second set of 

revisions proposed by the MHCC was 

published as a final rule published in 

the Federal Register on December 9, 

2013 (78 FR 73965). This final rule is 

based in part on the third set of MHCC 

proposals to revise the Construction and 

Safety Standards published as a 

proposed rule in the Federal Register on 

January 31, 2020 (85 FR 5589). The 

proposed rule included a MHCC 

proposal to revise the Construction and 

Safety Standards to reduce the 

regulatory burden by eliminating the 

need for manufacturers to obtain special 

approvals from HUD for certain 

construction features and options. HUD 

reviewed the MHCC’s proposals and 

made editorial revisions prior to 

publishing the January 31, 2020, 

proposed rule. HUD also added 

proposals that complement the MHCC’s 

recommendations. 

As explained in the January 31, 2020, 

proposed rule, HUD decided not to 

include certain MHCC 

recommendations due to pending 

regulations for improving energy 

efficiency in manufactured homes being 

prepared by the U.S. Department of 

Energy (DOE) under the Energy 

Independence and Security Act (Pub. L. 

110–140, approved December 19, 2007) 

(EISA). DOE published a Notice of 

Proposed Rulemaking on June 17, 2016 

(81 FR 39756) and, more recently, a 

Notice of Data Availability, Request for 

Information on August 3, 2018 (83 FR 

38073) regarding energy conservation 

standards for manufactured housing. 

Given this DOE rulemaking, HUD 

decided to postpone action on MHCCproposed revisions to §§ 3280.502 and 

3280.506(b), except for the mating wall 

of attached manufactured homes at 

§ 3280.506(b)—an option that is needed 

to avoid a more burdensome alternative 

approval process (24 CFR 3282.14— 

Alternative construction of 

manufactured homes). HUD also 

decided not to move forward with a new 

proposal to add requirements for 

draftstopping to the Construction and 

Safety Standards. HUD will not include 

or move forward with these 

recommendations in this final rule. 

II. Changes Made at the Final Rule 

Stage 

In consideration of the public 

comments and HUD’s experience 


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implementing the program, HUD has 

made certain editorial revisions to 

HUD’s proposals made in the January 

31, 2020, proposed rule. In general, the 

revisions adopt changes to the codified 

regulations that reinforce the Act’s 

purposes, namely providing benefits to 

consumers, homeowners, and the 

broader community; promoting and 

improving consumer and home safety; 

reducing regulatory barriers and 

expanding consumer options; and 

allowing use of some for the latest 

building technologies and materials 

while creating more consistency with 

State-adopted residential building 

codes. HUD declined to adopt some 

standards or commenters’ suggested 

changes in some instances based on 

considerations of the statutorily 

prescribed MHCC process, the lack of 

authority under the Act for HUD to 

regulate design and construction of 

certain types of housing, and consumer 

safety. 

The final rule will revise certain 

sections of the Construction and Safety 

Standards, as well as the incorporated 

reference standards where indicated. 

The revisions described below are based 

on HUD’s review and consideration of 

the public comments on the proposed 

rule, HUD’s experience with the 

program, the existent Construction and 

Standards, and the issues raised in the 

proposed rule. The final rule also makes 

minor technical edits to the 

Construction and Standards. 

§ 3280.5 Data Plate 

HUD revised § 3280.5 by revising 

paragraph (d), pursuant to public 

comments, to streamline data entry. 

Paragraph (d) now reads, ‘‘(d) This 

manufactured home IS designed to 

accommodate the additional loads 

imposed by the attachment of an 

attached accessory building or structure 

in accordance with the manufacturer 

installation instructions. The additional 

loads are in accordance with the design 

load(s) identified on this Data Plate; or 

This manufactured home IS NOT 

designed to accommodate the additional 

loads imposed by the attachment of an 

attached accessory building or structure 

in accordance with the manufacturer 

installation instructions.’’ The 

appropriate designation may be made 

while still setting forth information that 

may be used by state and local 

authorities that have enforcement 

authority for site-built structures that 

are not integral to the manufactured 

home produced and shipped by the 

manufactured home manufacturer. HUD 

seeks to preclude a home from being 

taken out of compliance when an 

attached accessory building or structure 

is built and added on at the home site. 

§ 3280.108 Interior Passage 

HUD revised paragraph (c) in this 

section in accordance with the public 

comments by creating an exception to 

the requirement for doors to closets, 

pantries, and doors to toilet 

compartments in single-section homes. 

Single-section manufactured homes 

have a smaller living space when 

compared with a multi-section 

manufactured home or a typical sitebuilt home and, thus, closet and pantry 

doors should not be subject to the same 

clear opening requirements as a multisection manufactured home or a typical 

site-built home. 

§ 3280.114 Stairways 

HUD adjusted the rise and run 

dimensions based on public comment. 

The changes recommended by public 

commenters on the proposed rule will 

give manufacturers more flexibility 

when trying to balance the smaller formfactor of most homes with consumer 

demand for multiple stories. The edits 

clarify that the standards do not apply 

to exterior stairways that are built at the 

home site or stairways to basement areas 

that are not designed and built as part 

of the manufactured home. 

§ 3280.209 Smoke Alarm 

Requirements 

While HUD did not revise this section 

in the proposed rule, a public 

commenter recommended that 

combination smoke and carbon 

monoxide alarms be added as 

acceptable devices to parallel the 

International Residential Code (IRC). 

Furthermore, the changes to this section 

are intended to work in conjunction 

with the changes to § 3280.211. 

§ 3280.211 Carbon Monoxide Detectors 

‘‘Alarms’’ and ‘‘detectors’’ are 

different items that serve different 

purposes. HUD changed references from 

‘‘detector’’ to ‘‘alarm’’ in response to 

public comment. HUD also revised this 

section to include specific locations 

where such items must be installed 

rather than just referencing the more 

general standards, such as the National 

Fire Protection Association Standard 

720. 

§ 3280.212 Factory Constructed or 

Site-Built Attached Garages 

Public commenters suggested that the 

distinction between attached and selfsupported structures be emphasized in 

this section. HUD clarified that 

paragraph (a) applies only to garages 

which are not self-supported and 

revised the fire separation requirements 

in paragraph (c), including that the 

garage must be separated from the home 

with appropriate gypsum wallboard or 

equivalent. HUD also added paragraph 

(h) as suggested by public comment to 

include that a site-built, self-supported 

garage is considered an add-on subject 

to § 3282.8(j)(1) and state and local 

authorities. 

§ 3280.213 Factory Constructed or 

Site-Built Attached Carports 

Similar to the previous section, public 

commenters also suggested that the 

distinction between attached and selfsupported structures be emphasized in 

this section. HUD made several changes 

to this section based on public 

comment, including adding a provision 

in paragraph (b) that the manufacturer 

may provide the maximum live and 

dead loads, and the applied loading 

locations that the home is designed to 

resist from the carport, and other design 

limitations or restrictions. 

§ 3280.504 Condensation Control and 

Installation of Vapor Retarders 

Based on public comment, HUD 

clarified the distinction between mating 

walls and fire separation walls in 

paragraph (b), stating that the fire 

separation wall between each attached 

manufactured home must be considered 

to be an exterior wall pursuant to 

subpart K. 

§ 3280.609 Water Distribution Systems 

In order to better protect residents, 

HUD added relief pipe turndown 

requirements to this section based on 

public comment, stating that exterior 

relief drains shall be directed down and 

shall terminate between 6′′ and 24′′ 

above finished grade. This is high 

enough to prevent backflow, but low 

enough to reduce the risk of injury or 

accident. 

§ 3280.705 Gas Piping Systems 

HUD eliminated ‘‘hard pipe’’ in 

paragraph (I)(8)(iii), to account for a flex 

gas connector rather than a quickdisconnect. 

§ 3280.710 Venting, Ventilation, and 

Combustion Air 

HUD clarified that the placement 

restrictions apply to exhausts of fuel 

burning appliances and used the 

defined term ‘‘habitable rooms’’ in this 

section. This provides consistency 

across the regulation. 

§ 3280.904 Specific Requirements for 

Designing the Transportations System 

In addition to some language and 

grammatical changes, HUD added a 


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1NYC Buildings, Recognized Accrediting Bodies, 

NYC.gov, https://www1.nyc.gov/site/buildings/ 

industry/recognized-accrediting-bodies.page (last 

visited April 20, 2020). 

2Manufactured Housing Consensus Committee, 

MHCC Proposed Change Form, http://

mhcc.homeinnovation.com/. 

requirement to check weights with the 

home in a level position ready for 

transport in paragraph (b)(4)(ii), an 

explicit reference to the Department of 

Transportation’s regulations at 49 CFR 

393.52(d) in paragraph (b)(9)(ii) 

regarding stopping distance, and textual 

changes to paragraph (b)(9)(iii) 

regarding electrical brake wiring. 

§ 3280.1002 Definitions 

In this section, HUD edited the 

definition of ‘‘Fire separation wall’’ to 

emphasize the separation between 

attached manufactured homes. 

§ 3280.1003 Attached Manufactured 

Home Unit Separation 

HUD clarified this section based on 

public comment, particularly in 

paragraph (a)(1) related to fire 

resistance. These edits will help HUD 

address minimum fire separation 

requirements for common walls of 

attached manufactured housing 

solutions in the Standards. 

III. The Public Comments 

The public comment period for the 

January 31, 2020, proposed rule closed 

on March 31, 2020. HUD received fortyone (41) public comments in response to 

the proposed rule, from various 

manufactured home associations, nonprofit organizations, and other 

interested parties. This section presents 

the significant issues, questions, and 

suggestions submitted by public 

commenters, and HUD’s responses to 

these issues, questions, and suggestions. 

Most commenters supported updates 

to the Construction and Safety 

Standards, and encouraged HUD to 

continue working on updates to, and 

provided specific recommendations for, 

certain sections of the Construction and 

Standards. For example, several 

commenters supported adding twofamily or two- and three-family 

dwelling units to the new Subpart K, 

Attached Manufactured Homes and 

Special Construction. Some commenters 

also suggested deleting or removing 

certain changes proposed by HUD. For 

example, some commenters opposed or 

requested clarification of HUD’s 

proposed changes to stair rise and run 

requirements, and suggested changes to 

create consistency among the Standards’ 

landing requirements and clarify 

whether certain requirements apply to 

stairs inside, or inside and outside, the 

home. 

The following sections summarize the 

comments received on the proposed 

rule and HUD’s responses: 

General Support 

The majority of commenters 

expressed general support for the 

proposed changes as part of HUD’s 

effort to update the Construction and 

Safety Standards. These commenters 

stated that the proposed changes would 

benefit homeowners and the broader 

community, promote or improve 

consumer and home safety, allow use of 

the latest building technologies and 

materials, create more consistency with 

State-adopted residential building codes 

for site-built housing, expand consumer 

amenity options (including attached 

garages, carports, decks and accessory 

buildings), help to include two-story 

and multifamily guidelines, and 

eliminate regulations that impede broad 

access to affordable housing. Several 

commenters also urged HUD to move 

forward with publishing the next set of 

proposed updates to address 

outstanding items. 

HUD Response: HUD agreed with the 

commenters that the proposed changes 

would provide benefits to consumers, 

homeowners, and the broader 

community, and help promote the other 

purposes and policies of the National 

Manufactured Housing Construction 

and Safety Standards Act of 1974. 

Comment: Testing requirements 

should be included but be accredited to 

ISO/IEC 17025 or 17020 by accredited 

testing laboratories that are signatories 

to the International Laboratory 

Accreditation Cooperation Mutual 

Recognition Arrangement (ILAC MRA). 

One commenter stated that several 

parts of the proposed rule reference 

testing, such as American Society for 

Testing and Materials, Standard Test 

Methods for Fire Tests of Building 

Construction and Materials (ASTM E 

119), and recommended that these 

laboratory tests be conducted by ISO/ 

IEC 17025 accredited testing 

laboratories so as to be assured that the 

testing results are generated by an entity 

that has been found to be technically 

competent by an independent, 

accreditation body. Two commenters 

supported testing requirements, but 

recommended that these laboratory tests 

be accredited to ISO/IEC 17025 or 17020 

by accredited testing laboratories that 

are signatories to the International 

Laboratory Accreditation Cooperation 

Mutual Recognition Arrangement (ILAC 

MRA), to assure that the testing results 

are generated by an entity that has been 

found to be technically competent by an 

independent accreditation body. One 

commenter added that this would allow 

HUD to focus resources on program 

oversight and/or research for technical 

advancements. The commenter 

provided a link to an example of 

effective models whereby government 

agencies rely on ISO/IEC 17020 

accreditation programs (https://

www1.nyc.gov/site/buildings/industry/ 

recognized-accrediting-bodies.page).1

HUD Response: HUD disagreed with 

the commenters. HUD’s regulations at 

24 CFR 3280.2 require products to be 

listed, certified, or labeled by a 

nationally recognized testing laboratory, 

inspection agency, or other organization 

concerned with product evaluation that 

maintains periodic inspection of 

production of labeled equipment or 

materials, and by whose labeling 

indicates compliance with nationally 

recognized standards or tests to 

determine suitable usage in a specified 

manner. HUD also believed that this 

recommendation should be submitted 

for MHCC review and consideration, 

that it is not appropriate for HUD to 

integrate these changes at this final rule 

stage, and the commenter should make 

the proposal through the MHCC process 

through the following website: http://

mhcc.homeinnovation.com/.2

Comment: HUD should adopt 

universal design standards. 

A commenter who identified as a 

person with a disability recommended 

that HUD adopt universal design 

standards in manufactured home 

construction and encourage 

communities and housing agencies to 

do likewise. 

HUD Response: HUD appreciated the 

commenter’s perspective that HUD 

adopt universal design standards. While 

HUD is fully supportive of the need for 

affordable and accessible housing, it 

noted that universal design can be 

accomplished within the minimum 

Construction and Safety standards 

requirements already codified. Further, 

many home manufacturers currently 

offer homes designed and constructed to 

meet universal design standards without 

conflicting with HUD’s current 

minimum standards. 

General Opposition 

Some commenters stated that the 

several of the provisions proposed 

would increase manufactured home 

installers’ liability and responsibility if 

the proposed rule is advanced without 

significant change. The commenters 

stated home installers were not 

included in deliberations, and, as such, 


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3U.S. Department of Housing and Urban 

Development, PIA Responsibility for Documents 

Required to be Provided with the Mobile Home, 

HUD.gov, https://www.hud.gov/sites/dfiles/ 

OCHCO/documents/EIB-H-1-77.pdf. 

4Manufactured Housing Consensus Committee, 

MHCC Proposed Change Form, http://

mhcc.homeinnovation.com/. 5 84 FR 55235 (Oct. 15, 2019). 

HUD should not move forward with this 

rule. 

HUD Response: HUD disagreed with 

the commenter that manufactured home 

installers were not included in 

deliberations. The MHCC membership 

has included and continues to include 

representation from at least one 

individual with manufactured home 

installer interest. The MHCC process is 

administered in an open format in 

which any member of the public, 

including manufactured home 

installers, may participate and address 

the Committee, as well as propose 

changes for MHCC review. All such 

meetings are published in the Federal 

Register at least 30 days in advance of 

meetings. 

Comment: Manufacturer 

Documentation. 

One commenter stated that the 

proposed rule’s requirements for the 

manufacturer to provide documentation 

poses problems, because HUD does not 

require inspection agencies to check any 

of the documents the manufacturer 

provides in the home. The commenter 

stated this situation resulted from 

HUD’s Interpretative Bulletin H–1–77,3

which the commenter asserted 

complicates several proposed changes, 

namely those at §§ 3280.212, 3280.213, 

3280.612, and 3280.709. The commenter 

stated that if the proposed rule becomes 

final, HUD should rescind Interpretive 

Bulletin H–1–77 to account for the 

installation program loophole and the 

failure to provide assurance that the 

proper documentation would be 

shipped with the home. Another 

commenter stated a concern with 

potential liability for installation work 

related to accessory buildings and other 

on-site installation, such as certain 

appliances the proposed rule states can 

be shipped ‘‘loose’’ to the homesite. 

According to the commenter, to ensure 

that the end buyer or resident of the 

home has a home that has been safely 

manufactured, transported, and 

installed, it is vital that all installation 

documentation is shipped with and 

remains with the home. 

HUD Response: HUD is aware that 

standards for some construction features 

that are addressed in this rulemaking 

affect the installation process and 

therefore impact the responsibilities of 

home installers. All construction 

features included in this final rule were 

previously available through the 

Alternative Construction process and in 

all instances where an Alternative 

Construction letter had been issued, 

HUD required specific documentation to 

be provided with each affected 

manufactured home, including 

installation instructions. The same or 

similar documentation would continue 

to be required pursuant to the 

requirement for manufacturers to 

provide installation instructions in 

accordance with 24 CFR 3280.306(b) 

and 24 CFR 3285.2. Further, the home 

manufacturer instructions must provide 

minimum installation specifications so 

that the home is not taken out of 

compliance with the Construction and 

Standards and meets the Model 

Manufactured Home Installation 

Standards. These instructions are 

reviewed and approved by HUDapproved Design Approval Primary 

Inspection Agencies (DAPIA) and 

manufacturers are required to provide 

the instructions with each manufactured 

home. 

HUD also disagreed with the 

commenter that requiring the 

manufacturer to provide the 

instructions, without requiring an 

inspection to verify the instructions are 

shipped with the home, complicates 

matters or otherwise poses risks to 

consumer health and safety. The 

manufacturers’ installation instructions 

and documentation are required to be 

reviewed and approved by its DAPIA to 

help ensure conformance. Further, it is 

the manufacturers’ responsibility to 

ensure that each home is provided with 

installation instructions and associated 

documentation as approved by its 

DAPIA. DAPIA-approved quality 

assurance manuals typically require 

manufacturer verification for the 

shipment of the installation 

instructions. It is the IPIA’s 

responsibility to ensure the 

effectiveness of the quality assurance 

manuals. HUD may review and 

reconsider this matter further should 

evidence showing appropriate 

installation instructions are not being 

shipped with manufactured homes. The 

commenter(s) should submit proposed 

regulatory text through the MHCC 

process at http://

mhcc.homeinnovation.com/ so that the 

matter is reviewed by the MHCC.4

Comment: HUD should not use subregulatory guidance to establish 

Construction and Safety standards. 

A commenter stated that HUD should 

repudiate the use of sub-regulatory 

‘‘guidance’’ or ‘‘field guidance’’ 

memoranda and documents to establish 

de-facto manufactured housing 

‘‘standards.’’ 

HUD Response: HUD is currently 

implementing Executive Order 13891, 

Promoting the Rule of Law Through 

Improved Agency Guidance 

Documents,5 and this comment is not 

applicable to any aspect addressed in 

this rulemaking. 

Comment: HUD should not provide 

competitive advantage to any housing 

type. 

Another commenter expressed 

concern regarding any policy that may 

give one housing type an unwarranted 

competitive advantage and risks the 

occupants’ health and safety. The 

commenter stated HUD should refrain 

from making any changes that would 

result in furthering the divide between 

the code requirements for manufactured 

homes and those that apply to homes 

that are stick-built or built using 

engineered building systems. The 

commenter urged HUD to maintain this 

balance and continue to facilitate 

consumer choice by ensuring that 

regulatory reform efforts do not favor 

manufactured homes over other 

residences, leading to consumer 

confusion and unfair marketplace 

competition. 

HUD Response: HUD’s authority to 

develop and implement standards is 

applicable only to homes meeting the 

statutory definition of a manufactured 

home. However, this rulemaking brings 

the Standards in closer alignment to 

standards imposed for other types of 

housing. 

Comment: HUD has no authority to 

establish standards for structures 

attached to a manufactured home. 

A commenter stated that HUD defined 

‘‘manufactured housing’’ narrowly in 

§ 3280.2 to mean a structure built on a 

permanent chassis and designed to be 

used as a dwelling. The commenter 

stated that while HUD has authority to 

establish requirements applicable to 

components within the chassis, it does 

not have the authority to establish 

standards for items outside or apart 

from the chassis. Rather, authority to 

regulate these structures rests with state 

and local authorities and their building 

code requirements and inspection 

protocols. ‘‘Add-on or accessory 

buildings or structures’’ are not built on 

a permanent chassis. Section 3285.903 

provides conditions where add-on or 

attached accessory buildings or 

structures may be installed, but again 

fails to designate inspection 

responsibilities. The definition for 

‘‘Attached accessory building or 

structure’’ proposed for addition to 


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§§ 3280.2 and 3285.5 further adds to the 

confusion indicating that it includes 

such items when they are designed for 

attachment and structural support from 

the manufactured home. 

HUD Response: HUD’s standards 

developed and implemented through 

this rulemaking are not intended to 

apply to the design and construction of 

site-built structures, including add-ons 

(in other words, the site-built garage, or 

the site-built carport). However, the 

standards and regulations established 

through this rulemaking do apply to the 

design and construction of the 

manufactured home, when the home is 

designed to have an attached accessory 

structure, such as the garage, carport, or 

similar add-on. The requirements 

established are to ensure that the 

manufactured home will continue to 

comply with the Construction and 

Safety Standards and that the residents’ 

health and safety will be protected 

through means such as adequate 

structural load design and minimum fire 

separation and other requirements when 

applicable. The design, construction, 

and inspection of the attached accessory 

structure (site-built garage, site-built 

carport, or other site-built add-on) 

remains subject to any applicable state 

and or local requirements. 

Subpart A, General 

§ 3280.2 Definitions 

One commenter opposed the 

definition change to ‘‘attached accessory 

building or structure,’’ while another 

commenter supported the proposed 

changes. Some commenters stated that 

proposed definition of ‘‘Attached 

accessory building or structure’’ fails to 

include stairs, which are needed for 

entry in almost every manufactured 

home. 

One commenter further stated that the 

proposed rule would require that the 

‘‘basic manufactured home’’ be designed 

for the attachment of these structures. 

This does not address the need for the 

manufacturers to modify their 

installation instructions to reflect the 

added weight and wind load that added 

structures would impose on the home’s 

foundation. 

Another commenter stated that the 

definition appears to open the flood 

gates for other additions to a 

manufactured home which can affect 

egress requirements as well as alter the 

electric, heating, plumbing and other 

systems. The commenter provided 

examples; awnings, porches, and 

ramadas typically are identified as a 

covered area projecting in front of an 

entrance, while cabanas are defined as 

a cabin, hut, or shelter, and garages are 

defined as a ‘‘building’’ for housing a 

motor vehicle. The commenter stated 

that these are totally separate structures 

which affect the home differently and 

can create safety hazards. The 

commenter suggested that the proposal 

should be rewritten, and garages should 

be addressed separately. 

A commenter stated that the term 

‘‘basic manufactured home’’ is not 

defined and pre-supposing that there is 

such a thing as a ‘‘non-basic 

manufactured home.’’ If this is the case, 

HUD should clearly indicate what they 

mean by these terms and how the 

construction and safety standards would 

apply. The commenter contended that 

regardless of HUD’s differentiation in 

this case, the manufactured housing 

Construction and Safety standards 

should be applied consistently and any 

manufactured home, whether deemed 

‘‘basic’’ or ‘‘non-basic’’ be clearly 

marketed as a manufactured home to 

avoid customer confusion and an 

expectation of the product being 

received. 

HUD Response: HUD disagreed with 

commenters stating that HUD should 

establish requirements for stairs external 

to the manufactured home, which are 

needed for entry in most manufactured 

homes. HUD’s established standards 

only govern the design and construction 

of the manufactured home, including all 

provisions addressed by this 

rulemaking. Requirements for external 

stairs that are necessary to provide entry 

to the homes remain subject to design 

and construction requirements of state 

and local jurisdictions as they are not 

intended to increase the living or 

storage area of the manufactured home 

and are dependent upon the siting and 

installation of each individual home 

which may vary by model, lot size, 

topography, and other aspects. 

HUD agreed with the commenter 

stating that the proposed rule would 

require that the manufactured home be 

designed for the attachment of these 

site-built structures. However, HUD 

disagreed that the manufacturer would 

not be required to provide installation 

instructions that reflect the added 

weight and wind load that an added 

structure would impose on the home’s 

foundation. HUD’s standards, set forth 

at § 3285.903, require accessory 

structures to be structurally 

independent unless the attached 

accessory building or structure is 

otherwise included in the installation 

instructions or designed by a registered 

professional engineer or registered 

architect. Further, the changes to the 

Data Plate specifically identify when the 

home is designed for an attached 

accessory structure, and if so, the loads 

the home has been designed to 

accommodate (see § 3280.5). 

HUD disagreed with the comment 

suggesting that the definition of 

accessory building or structure is too 

broad. The Construction and Safety 

standards address the design and 

construction of the manufactured home 

and do not address the design, 

construction, placement, or other 

standards for the design and 

construction of the accessory 

structure(s). Further, state and local 

authorities may verify that a home has 

been designed for an attached accessory 

structure by verifying such information 

available on the Data Plate. HUD agreed 

with the commenter that the term ‘‘basic 

manufactured home’’ is not defined; 

therefore, ‘‘basic’’ has been removed. 

§ 3280.5 Data Plate 

One commenter opposed the 

proposed rule’s changes to the Data 

Plate language and another commenter 

supported the proposed changes. Some 

commenters agreed, however, that 

certain modifications to the Data Plate 

definition should be made: The Data 

Plate indicates whether the home is 

designed to accommodate an add on, 

accessory building, and the like, and the 

Data Plate and other documentation 

should document the weight, size, and 

other limits the manufactured home can 

support. Failure to require additional 

information will lead to confusion and 

result in many homes being stressed 

beyond their designs limits and 

therefore lead to structural failure. 

Another commenter stated that the 

manufacturer should be required to 

identify the maximum loads applied to 

the floor system, wall system, roof 

system and support system. 

Another commenter suggested HUD 

delete the first paragraph of the 

applicable statement in § 3280.5(d). This 

and another commenter recommended 

HUD revise the second paragraph to 

include a checkbox for ‘‘is’’ or ‘‘is not’’ 

similar to current language for 

§ 3280.5(g) to reduce language and 

clutter on home Data Plates. One 

commenter explained that this 

alternative would still capture the intent 

of HUD’s proposal, while preserving 

space on the Data Plate for future 

statements or other required disclosures. 

The commenters proposed significant 

changes to HUD’s proposed regulatory 

text. 

HUD Response: HUD considered all 

comments received on the requirements 

for the Data Plate and made minor 

changes to reflect and accommodate 

some of the comments. Through the 

language on the Date Plate, HUD is 

trying to provide information to the 


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6The states referenced by the commenter were: 

IL, IN, KY, ME, MD, MA, MT, NJ, ND, OH, OR, PA, 

Continued 

consumers, retailers, installers, and 

local authorities about the design and 

construction of the home that may help 

prevent a home from being taken out of 

compliance when an attached accessory 

building or structure is built and added 

on at the home site. Further, the Data 

Plate provides information that may be 

used by state and local authorities that 

have enforcement authority for site-built 

structures that are not integral to the 

manufactured home produced and 

shipped by the manufactured home 

manufacturer. 

Subpart B, Planning Considerations 

One commenter stated that HUD 

proposed to adopt a superseded MHCC 

recommendation concerning 

ventilation. HUD has proposed to 

authorize manufacturers’ compliance 

with the 2010 edition of American 

Society of Heating, Refrigeration, and 

Air-Conditioning Engineers 

(‘‘ASHRAE’’) Standard 62.2, 

‘‘Ventilation and Acceptable Indoor Air 

Quality in Low-Rise Residential 

Buildings,’’ as an alternative to the 

prescriptive ventilation requirements in 

§ 3280.103(b) and (c). The proposed rule 

ignores that more than four years ago, 

the MHCC updated its recommended 

acceptance of ASHRAE Standard 62.2 to 

refer to the 2013 version. Adopting the 

more recent version of the ASHRAE 

standard in this rulemaking would 

avoid the need for an additional change 

to the regulations later to update the 

reference. 

HUD Response: HUD understands 

that the MHCC continues to provide 

recommendations that may be more 

recent than those published in proposed 

rules, including updates to the 

referenced ASHRAE Standard 62.2. 

Generally, HUD finalizes 

recommendations in the order received 

to avoid selective choice, minimize 

confusion, and so that full and complete 

impact analyses can be conducted 

specific to the various groups of 

recommendations provide by the 

MHCC. 

§ 3280.103 Light and Ventilation 

One commenter supported the 

removal of the maximum 90 cubic feet 

per minute fan requirement, which will 

allow the commenter to increase the 

size of homes built to accommodate 

larger families, which commenter stated 

will allow more families to live in safe, 

affordable homes with the modern 

amenities they desire. 

Another commenter expressed 

concern that using the Standards and 

eliminating the alternative construction 

(AC) process for manufactured housing 

that utilizes design elements of site-built 

homes could affect the manufactured 

housing occupants’ health and safety. 

The commenter urged HUD to keep the 

AC process in place for design features 

that could affect the manufactured 

home’s structural integrity and safety, 

including attached homes (i.e., zero lot 

line), multi-story homes, and attached 

carports and garages. The commenter 

continued that blurring the line between 

what is manufactured housing and what 

is site-built housing could mislead 

homebuyers, and that manufactured 

housing that emulates site-built 

elements should be held to the same 

inspection and building standards as 

site-built homes. The commenter urged 

HUD to require attached units to meet 

all state and local building codes, 

including higher energy standards, 

required for conventionally built 

housing. 

HUD Response: HUD’s minimum 

requirements established for attached 

homes (i.e., zero lot line) and multistory homes do not change the 

definition of a manufactured home or 

impact the requirement that every 

transportable section of a manufactured 

home bear a manufacturer’s certification 

label. Through this rulemaking, HUD is 

codifying requirements previously set 

forth through Alternative Construction 

requirements; thereby, accounting for 

consumer safety. All regulatory aspects 

of the program, including design review 

and inspections, remain in place for all 

manufactured homes built under this 

federal program. HUD believes the 

minimum standards established and 

enforced for these construction options 

provide benefits to all segments of the 

industry while protecting consumers’ 

health and safety. Further updates to the 

referenced ASHRAE Standard 62.2 may 

be addressed in future rulemaking. 

§ 3280.108 Interior Passage 

Several commenters agreed that 

clarification was needed regarding to 

which doors the 27-inch requirement 

applies. One commenter stated that 

closet doors (including walk-in closets) 

and pantry doors are less than 27- 

inches, typically 24-inches or less. 

Another commenter stated that it has 

several floor plans with closet and 

pantry openings less than 27-inches and 

uses 24-inches for water heater and 

furnace compartments and 16-inches for 

linen and coat closets. The commenters 

stated that they would need to make 

significant changes to floor plan designs 

to accommodate HUD’s proposal, and 

one commenter explained this would 

add costs to the home, drive up 

affordable housing costs, and financially 

burden the commenter. One commenter 

suggested clarifying that the minimum 

clear opening requirement of 27-inches 

only apply to passage doors in a 

manufactured home. 

Some commenters suggested adding 

exclusions for closet, pantry, coat closet, 

linen closet, and toilet compartment 

doors and other spaces where the intent 

is to ‘‘reach in’’ and access an item. The 

commenters explained that closet and 

pantry doors, unlike a bedroom door, 

are not considered passage doors. 

Further, single-section manufactured 

homes have a smaller living space when 

compared with a multi-section 

manufactured home or a typical sitebuilt home. Given that living space is at 

a premium in single-section homes, 

closet and pantry doors should not be 

subject to the same clear opening 

requirements. 

HUD Response: HUD agreed with the 

comments and revised the standard 

accordingly. 

§ 3280.111 Toilet compartments 

Two commenters suggested revising 

language in paragraph (b) to clarify the 

regulatory intent that the section refers 

to bathroom passage doors in singlesection and multi-section homes. For 

example, the term ‘‘single-section’’ 

should modify ‘‘home,’’ not 

‘‘bathroom.’’ 

HUD Response: HUD agreed with the 

comments and revised the standard 

accordingly. 

§ 3280.114 Stairways 

Comments: Riser Height, Tread Depth, 

and Consistency. 

Several commenters opposed HUD’s 

proposed changes to stair rise and run 

requirements. Some commenters noted 

that, as written, the proposal would 

conflict with existing state and local 

requirements and require manufactured 

home communities to replace existing 

inventory of prefabricated landings and 

stairs. Another commenter stated that 

the stair rise and run in HUD’s proposed 

rule would not allow stairs to be run 

parallel with the width of many homes, 

which would eliminate many floor plan 

options and adversely penalize 

manufactured home builders. 

One commenter stated that, 

§ 3280.114(a)(2)(i), 7′′ risers and 10′′ 

treads would cause stairway openings to 

be larger to the point where some floor 

plans would no longer accommodate a 

stairway. Some commenters suggested 

HUD use 8′′ or 8.25′′ for the maximum 

rise and 9′′ for the minimum tread, 

which are figures that thirteen states 

accept.6 One commenter also suggested 


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2502 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 

WI and WY. The commenter also referenced a 

change to the Indiana Code; see Indiana Department 

of Homeland Security, Proposal for Code Change 

43, IN.gov (May 9, 2018) (proposals 49 and 50), 

https://www.in.gov/dhs/files/IRCC%27s%20

Final%20Approved%20Amendments%20

to%202018%20IRC%20(Part%201)%20- 

%20Accepted%20by%20FPBSC%202-5-19.pdf. 

HUD change ‘‘%’’ to ‘‘3⁄8 inch’’ in 

§ 3280.114(a)(2)(i), and change ‘‘%’’ to 

‘‘3⁄4 inch’’ in § 3280.114(a)(2)(ii). This 

commenter also suggested changing 

‘‘Y2’’ to ‘‘1⁄2 inch’’ in paragraph (a)(5). 

According to another commenter, the 

maximum riser height and minimum 

tread depth should be changed to 81⁄4

inches and 9 inches in § 3280.114 

(a)(2)(i). HUD’s proposed requirements 

would almost eliminate stairway 

designs that run parallel with the width 

of a traditional manufactured home. 

This commenter’s rationale for the 

recommended change included giving 

manufacturers more flexibility when 

trying to balance the smaller form-factor 

of most homes with consumer demand 

for multiple stories. 

HUD Response: Regarding riser height 

and tread depth, HUD reviewed several 

state building codes referenced in 

public comments and has made changes 

to riser height and tread depth 

consistent with those requirements 

found in many state building codes and 

in accordance with the comments 

received. 

Comments: Interior and Exterior 

Stairs. 

Several commenters stated that HUD 

should clarify whether the requirements 

apply to stairs inside, or inside and 

outside, the home or commented on 

whether the requirements should apply 

to these different sets of stairs. One 

commenter stated that requirements for 

stairways and related design features 

should focus only on stairways placed 

inside the manufactured home, and the 

section title should be changed to 

‘‘Stairways Inside the Manufactured 

Home.’’ Another commenter stated that 

the proposed changes to paragraph (a)(2) 

addresses interior stairways and exterior 

stairways; the commenter suggested 

revising the proposal to address interior 

steps only. According to the commenter, 

states and local municipalities establish 

stair geometry to which first responders 

are already accustomed, and to require 

smaller riser heights and larger treads 

may create a hazard. 

Another commenter supported the 

addition of language to define 

requirements for stairways, landings, 

handrails, guards, and stairway 

illumination, however, the commenter 

suggested the language should detail if 

it covers interior stairways, exterior 

stairways, or both. 

Another commenter suggested 

striking paragraph (b)(2) in its entirety 

because it partially conflicts with 

paragraph (b)(1), or, if HUD disagreed 

with striking (b)(2), revising (b)(2) as 

follows to streamline and clarify 

requirements: ‘‘A landing or floor must 

be located on each side of an exterior 

doorway and the width of each landing 

must not be less than the door it serves. 

The maximum threshold height above 

the floor or landing must be 11⁄2

inches.’’ Given that paragraph (b)(1) 

addresses interior stairways, doors, and 

landings (with exception for certain 

basement applications), the commenter 

assumed that paragraph (b)(2) must be 

intended for exterior applications, 

which is the basis for the suggested 

edits. 

Two commenters suggested HUD 

delete paragraph (e)(2) entirely, since 

exterior stairs are not constructed 

within the building facility and more 

appropriately fit under the HUD Code’s 

Model Manufactured Home Installation 

Standards. A commenter explained that 

exterior stairs would be subject to state 

and local building code and healthsafety requirements. If HUD’s exterior 

illumination requirements conflict with 

state or local requirements, it would 

only cause confusion within the 

industry and may put consumers at risk. 

Comment: Guard Rails. 

Some commenters also suggested, for 

§ 3280.114(d)(1), that the proposed load 

requirements only apply to guards more 

than 42′′ above the floor grade below, to 

prevent driving up housing costs 

without providing significant increased 

safety protection. When a manufactured 

home includes a porch or similar 

feature, once installed, it is usually 

between 30 and 42 inches above the 

lower floor, and there is no evidence of 

increased injury from a fall as a result 

of a guard failure that is 42 or fewer 

inches from grade. The commenters 

provided regulatory text edits, and 

stated that a 30-inch guard rail 

structural requirement would increase 

the cost of each single-section home 

with a modest porch by $500, or more 

for larger homes, which undermines 

HUD’s efforts to preserve manufactured 

housing affordability. 

The commenters further stated HUD 

should remove the language regarding 

the horizontal rail restriction in 

paragraph (d)(2), which HUD has not 

backed with a significant health-safety 

concern as justification and which 

would restrict designs and add 

unnecessary cost. This restriction is not 

found in the International Residential 

Code (IRC), which only prohibits the 

passage of a four-inch sphere and would 

result in a restriction for manufactured 

home builders that does not exist for 

site-built home builders. One 

commenter stated that IRC Table 

R301.1.5 does not require the 200 pound 

concentrated load to be applied with 

any other loads and, therefore, the word 

‘‘not’’ should be added after ‘‘this load’’ 

in the last sentence of paragraph 

(d)(2)(ii). Another commenter agreed 

and added that this makes (d)(2)(ii) 

consistent with the last sentence in 

paragraph (c)(5). 

Comment: Lighting. 

For § 3280.114(e)(1), one commenter 

stated that HUD should delete the 

requirement for artificial light to be not 

less than one-foot-candle at the center of 

treads and landing and require only a 

light above stairways and landings 

because the commenter was not aware 

of a test method. Another commenter 

suggested a prescriptive method to 

simplify compliance with interior stair 

lighting. Lumens required for a 3 feet 

wide x 9 feet vertical stair would be 3 

feet x 11.67 feet x 1 foot-candle = ∼35 

Lumens. One 60-watt incandescent bulb 

or 10-Watt A19 LED provides about 840 

lumens which is more than adequate. 

Another commenter recommended 

HUD add a prescriptive lighting 

standard as an alternative compliance 

option. The proposed illumination 

requirement of ‘‘not less than one (1) 

foot-candle measured at the center of 

treads and landings’’ creates a new test 

requirement, but it is unclear who is 

responsible for performing the test and 

assessing compliance. Without an 

explanation of the test parameters and 

how the test would be administered, the 

commenter was concerned this 

provision would be inconsistently 

enforced. As an alternative, the 

commenter recommended that HUD 

introduce a minimum standard for 

illumination. 

HUD Response: Generally, HUD 

agreed with most comments and made 

changes to the standards for stairways 

including revisions to riser height and 

tread depth (§ 3280.114(a)(2), 

clarification of interior and exterior 

consideration (§§ 3280.114(a) and 

3280.114(b)), provisions for landings 

(§ 3280.114(b)), and handrails 

(§ 3280.114(c)). 

HUD also modified the standard in 

multiple places so that the text reflects 

HUD’s regulatory authority for design 

and construction of the home and its 

lack of authority to regulate stairways 

that are designed by others and built at 

the home’s site necessary for access and 

egress from the entry and exit points of 

the homes. HUD also disagreed with 

some commenters, as the requirements 

in § 3280.112 only apply to stairways 

integral to the manufactured home, such 


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as those necessary for multi-story or 

multi-level manufactured home floors or 

for stairs that are not inside the home 

but may be necessary for multi-level 

manufacturer designed and constructed 

porches designed and built in the home 

building factory as an integral feature of 

the manufactured home. Further, 

requirements for external or exterior 

stairs that provide entry and exit and are 

built at the home site are subject to state 

and or local authority and any such 

reference otherwise has been removed. 

HUD modified the standards related 

to landings removing duplicative 

language, clarifying interior versus 

exterior provisions, and threshold 

height. 

HUD also modified the standard 

regarding handrails to be consistent 

with requirements for handrails 

(removal of ladder effect restriction) 

identified in other building codes for 

other residential structures. However, 

HUD disagreed with comments that 

would have changed the load 

requirements for guard systems to apply 

only to guards above 42 inches above 

floor grade. 

The changes effected by this rule are 

generally consistent with other 

residential codes enforced nationwide. 

However, the load requirement of 20 

pounds per square foot is significantly 

less than the load required by many 

states for similar guard systems. 

After consideration of the public 

comments, HUD has not changed the 

stairway and landing illumination 

requirements from the proposed rule as 

commented by multiple commenters. 

The requirements, as published, are 

consistent with state and local standards 

and compliance remains, as with all 

other standards, the responsibility of the 

home manufacturer. In section I. of the 

preamble to this rule, HUD clarified that 

all standards in this rule are not 

retroactive and apply only to newly 

constructed homes that enter the first 

phase or stage of production on and 

after the effective date of the rule. 

Further changes, such as those proposed 

by some commenters, should be 

proposed for review by the MHCC so 

that consensus review of those proposed 

changes is made as envisioned by the 

Act. It is not appropriate for HUD to 

integrate these changes at the final rule 

stage. 

Subpart C, Fire Safety 

§ 3280.209 Smoke Alarm 

Requirements 

One commenter recommended HUD 

revise § 3280.209, a section not 

addressed in the proposed rule. The 

commenter stated that HUD should add 

combination smoke and carbon 

monoxide alarms as acceptable devices 

just as they are in IRC sections R314.1.1 

and R314.5. 

HUD Response: HUD agreed with the 

commenter and made the corresponding 

change. 

§ 3280.211 Carbon Monoxide Detectors 

Some commenters supported 

incorporating carbon monoxide 

requirements into the Standards to 

protect consumer health and safety. One 

commenter noted that the MHCC made 

this recommendation in 2009 and HUD 

should have adopted it some time ago. 

One commenter suggested HUD 

should revise § 3280.211 to include 

specific location requirements like 

smoke alarms, instead of referencing the 

National Fire Protection Association 

(NFPA) Standard 720. 

Some commenters stated that the 

proposed rule’s coverage of CO alarm 

requirements would be insufficient 

under the new § 3280.211 in protecting 

occupants of manufactured housing 

because of its limited coverage. All 

manufactured housing should have CO 

alarms and not just those with fuel-fired 

appliances, designed for installing 

attached garages, or designed for 

installation over basements. While the 

new § 3280.211 would be consistent 

with occupancy-related installation 

requirements of IRC Section R315, these 

requirements provide no direct 

protection for occupants of 

manufactured homes except where 

coincident housing-related factors of 

installed fuel-fired appliances, designs 

for installing attached garages, or 

designs for installation over basements 

were relevant. Furthermore, the 

proposed § 3280.211 requirements 

would not protect occupants where 

other sources such as use of portable 

heating appliances or from misuse of 

charcoal grills indoors (both reflected in 

CO incident data) following completion 

of manufactured housing installation 

and commissioning. Occupants of ‘‘allelectric’’ homes may be particularly 

vulnerable during periods of electrical 

outage. The comment provided 

instances of harm caused by carbon 

monoxide. 

One commenter commended HUD for 

recognizing the importance of requiring 

carbon monoxide detectors consistent 

with the IRC’s requirements. Through 

incorporation into the Construction and 

Safety Standards, HUD relieves local 

officials from conducting additional 

inspections and potential re-work post 

installation to comply with local 

requirements. 

Another commenter stated that HUD’s 

proposed carbon monoxide 

requirements should align more closely 

with similar requirements in other 

building codes, such as the IRC’s. 

Specifically, the commenter’s 

suggestions include: Specifying the 

required locations where carbon 

monoxide alarms must be installed (for 

example, alarms should be required 

outside each separate sleeping area or in 

the immediate vicinity of any 

bedrooms); requiring interconnectivity 

between alarms, because when more 

than one alarm is installed in a home, 

the actuation of one alarm should 

activate all alarms; specifying how each 

alarm must be powered, because the 

home’s electrical system should be the 

primary power source, with batteries as 

a secondary, reserve power source; and 

clarifying that the Standards would 

allow combination carbon monoxide 

and smoke alarms to keep pace with 

consumer demand. Another commenter 

(0023) also supported this change. 

According to the commenter, HUD 

should clarify that combination alarms 

are acceptable to ensure the industry 

continues to keep pace with consumer 

demand. The commenter also suggested 

amending § 3280.209 to ensure the 

sections cross-reference each other. 

Comment: Alarms versus Detectors. 

Some commenters stated that the 

word ‘‘detector’’ should not be used and 

suggested using ‘‘alarms’’ to be 

consistent with other codes and striking 

the word ‘‘detector’’ wherever it occurs, 

because alarms and detectors are 

distinct concepts. Alarms are selfcontained, single, or multi-station 

sensing devices that detect a given event 

and sound an audible or visual alarm. 

Detectors are sensing devices that must 

be connected to a separate alarm system, 

rather than self-contained systems. One 

commenter stated that standards do not 

include requirements for transmitting 

detection devices to an alarm control 

unit as would be necessary with 

detector devices. The commenter 

recommended removing the standard 

versions in specific code sections which 

are incorporated by reference in 

§ 3280.4, which will allow for 

simplified future updates and is a 

common practice for incorporating 

building code standards into regulations 

and laws. The commenter 

recommended removing the reference to 

ANSI/UL 2034, which may not be 

readily available and incorporate 

location requirements within this 

section. 

HUD Response: HUD agreed with 

many comments and has modified the 

Construction and Safety Standards to 

address combination alarms, integration 

of specific location requirements, and 

removal of references to ‘‘detector.’’ 


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7See, e.g., June 12, 2014 HUD Guidance 

Memorandum (‘‘Construction of On-Site 

installation of Add-Ons Such as an Attached 

Garage’’); and November 10, 2014 HUD Guidance 

Memorandum (‘‘Additional DAPIA Guidance for 

Review and Processing of Manufacturers 

Alternative Construction Requests for Attached 

Garages’’). 

HUD also notes that updating specific 

editions of referenced standards may 

require notice and comment and as 

such, will remain for the time-being. 

HUD also disagreed with some 

commenters that proposed to require 

carbon monoxide alarms in all homes, 

regardless of whether the home as fuelburning appliances, an attached garage, 

or designed for installation over a 

basement. HUD’s standards are 

consistent with state and local standards 

for residential construction. Should the 

commenter wish to pursue requirements 

for carbon monoxide alarms in all 

homes, the commenter is encouraged to 

submit the proposed change to the 

MHCC for review and deliberation by 

the Committee. It is not appropriate for 

HUD to integrate these changes at the 

final rule stage. 

Subpart C, Fire Safety, Attached 

Garages 

§ 3280.212 Factory Constructed or 

Site-Built Attached Garages 

One commenter noted that HUD’s 

current policy, to not require the IPIA to 

inspect documents shipped with the 

manufactured home (under Interpretive 

Bulletin H–1–77), conflicts with 

proposed paragraph (g)—there is no 

assurance that the manufacturer would 

be including these additional 

instructions. 

A commenter stated that the proposed 

rule leaves it unclear as to when a 

garage is to be added to the home. 

Another commenter stated that HUD 

should clarify that paragraph (a) applies 

only to garages which are not selfsupported. One commenter supported 

HUD’s actions to remove the issue of 

attached garages and carports from the 

costly AC process. The commenter 

stated that the proposed standards and 

regulations would effectively obviate 

previous sub-regulatory HUD 

‘‘guidance’’ memoranda which 

mandated the approval of attached 

garage and ‘‘add-on’’-ready 

manufactured homes via the AC process 

set forth at § 3282.14.7

Several commenters stated that HUD 

should revise the proposed fire 

separation requirements. A commenter 

stated HUD should require that gypsum 

be added on site to meet the fire 

separation requirement. Installing 

gypsum on the exterior of a home in the 

factory would not be a durable enough 

exterior finish for storage and shipping. 

Another commenter agreed and stated 

that paragraph (c) needs to be clarified 

so that fire separation between the 

garage and the home may be completed 

on-site. Site-installed dormers at the 

garage in addition to floor-to-foundation 

fire separation will be required to be 

completed on-site and it would be 

advantageous to run all separation at 

that time to ensure proper alignment 

with the garage. Paragraph (c)(1) should 

also be clarified to allow gypsum 

required to meet separation to be either 

factory or site installed and allowance 

for products equivalent to 1⁄2′′ gypsum 

should be added. 

One commenter stated that in 

§ 3280.212(g) the reference to § 3285.201 

should be changed to § 3285.301. The 

commenter proposed that a new 

paragraph (h) be added because a sitebuilt, self-supported garage is 

considered an add-on per § 3282.8(j)(1) 

and does not affect the ability of the 

manufactured home to comply with the 

Construction and Standards. 

Another commenter stated the 

Standards should be consistent with 

other building codes, such as the IRC. 

Instead of requiring that the fire 

separation be continuous from beneath 

the floor, through the attic space, to the 

underside of the roof sheathing/decking, 

the Standards should only state that the 

garage must be separated from the home 

with appropriate gypsum wallboard or 

equivalent. Manufacturers can 

determine whether the fire separation 

should be continuous from the floor, 

through the attic space, to the roof 

sheathing or decking or if it is more 

appropriate to envelop the structure’s 

garage side. Other building codes leave 

this to the builder’s discretion and so 

should the Standards. 

The commenter continued that HUD’s 

proposed rule for factory or site 

construction of attached garages should 

emphasize the distinction between 

attached and self-supported structures. 

HUD should also revisit the fire 

separation requirements for attached 

garages. The commenter’s suggested 

edits included clarifying that attached 

garages are not self-supported. Further, 

when a garage would be attached to and 

supported by the home, manufacturers 

should only be required to comply with 

the Standards’ load provisions. They 

should not be expected to build homes 

that also meet the specific requirements 

of the various state and local 

jurisdictions, and confirming that a sitebuilt, self-supported garage is 

considered an add-on and clarifying that 

add-ons do not affect a manufactured 

home’s ability to comply with the 

Standards. 

According to one commenter, the 

guidance provided in §§ 3280.212, 

3280.213, 3282.8(j), and 3285.903(c) 

(Attached Garages, Carports and AddOns) appears contradictory and 

confusing. Sections 3280.212 and 

3280.213 provide guidance on how 

manufactured housing should be 

prepared for the addition of garages and 

carports which is clearly within the 

scope of the Federal standards. These 

sections, along with § 3282.8, discuss 

load paths, providing conflicting 

information on where loads should be 

transferred. If the intent is to offer 

options, then the sections should be 

presented with an ‘‘or’’ statement to 

indicate they are options, as is included 

in the Data Plate requirements of 

§ 3280.5. The commenter said who bears 

responsibility for approval and 

inspection of these attached accessory 

buildings and structures should also be 

clarified. According to the commenter, 

these structures should comply with the 

local building code and be inspected to 

that code by the local jurisdiction, given 

their designation as ‘‘attached buildings 

or structures’’ and not the extension of 

the manufactured home. 

HUD Response: HUD agreed with 

most comments and has accepted all 

suggested textual changes to the 

standards that were submitted by the 

public. HUD modified the final 

Construction and Safety Standards 

accordingly. 

HUD disagreed with the commenter 

that installation instructions are not 

required by this final rule, as it is 

specifically addressed through 

§ 3280.212(g). Further, upon placing a 

label certification on each transportable 

section of a manufactured home, the 

manufacturer self certifies its 

compliance with the Construction and 

Safety Standards. Should the 

commenter seek additional changes to 

either manufacturer or IPIA 

requirements, the commenter is 

encouraged to submit comments 

through the MHCC process for 

consensus review and deliberation. It is 

not appropriate for HUD to integrate 

these changes at the final rule stage. 

HUD also notes that the added 

information required on the Data Plate 

more clearly identifies whether the 

home has been designed for an attached 

garage. 

Subpart C, Fire Safety, Attached 

Carports 

§ 3280.213 Factory Constructed or 

Site-Built Attached Carports 

One commenter stated that the 

proposed rule should be modified to 

include attached patio covers and porch 


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roofs which can easily exceed the size 

of a carport. The commenter also stated 

that current HUD policy under 

Interpretive Bulletin H–1–77 conflicts 

with paragraph (f)—there is no 

assurance that the manufacturer would 

be including these additional 

instructions. 

Another commenter requested HUD 

delete the following: Paragraph (b) about 

maximum roof slope for the carport, on 

the basis that carports cannot exceed the 

height of the home; paragraph (c) on 

beam designs, on the basis that beam 

designs would be part of the approved 

design by the Design Approval Primary 

Inspection Agency (DAPIA); and 

paragraph (d) on shear wall and uplift 

strapping design, on the basis that the 

carport design would not be known. 

One commenter stated that paragraph 

(f)’s reference to § 3285.201 should be 

changed to § 3285.301. 

Another commenter said § 3280.213 

for factory or site-built attached carports 

should emphasize the distinction 

between attached and self-supported 

structures and that striking unnecessary 

or superfluous rules would also 

streamline the requirements. The 

commenter’s suggested edits include: 

Deleting the maximum roof slope 

requirement from the list of design 

characteristics for carports, because 

given that the height of the carport 

cannot exceed the height of the home, 

the carport’s roof slope is never a 

relevant factor in home design; adding 

a provision that, as an alternative to 

specifying the unique design 

characteristics of the carport and the 

home, manufacturers may provide the 

maximum loads that the home is 

designed to resist from the carport; 

removing the provisions specifying 

where splices in the host beam can be 

located, because narrowly defining this 

provision with such detailed, 

prescriptive requirements could have 

unanticipated consequences, especially 

if there are continued advancements in 

anchoring technology. According to the 

commenter, specific design 

characteristics should remain subject to 

review and approval by the 

manufacturer’s DAPIA. 

The commenter’s recommendations 

continued with: Removing the shear 

wall requirements for homes designed 

for Wind Zone II and III installations in 

favor of manufacturers specifying 

anchor requirements for uplift forces in 

Wind Zones II and III as part of the 

home’s DAPIA-approved design, 

because if the manufacturer and its 

DAPIA specify these requirements at the 

design stage, the size of any attached 

carport would be limited by the load 

capacity of the anchor system installed 

in the factory. This would limit the 

design options available to any third 

party responsible for installing an 

attached carport at the jobsite; and 

removing the ‘‘cone of influence’’ 

provision, because this requirement is 

dependent on the type of anchor, and 

should be determined by the installer. 

The manufacturer should not be 

expected to know this information 

without knowing exactly where a 

manufactured home would be sited and 

how it would be installed; and 

confirming that a site-built, selfsupported carport is considered an addon and clarifying that add-ons do not 

affect a manufactured home’s ability to 

comply with the Construction and 

Safety Standards. 

Another commenter also supported 

deleting paragraph (c)(1), because this 

paragraph was covered in paragraphs (a) 

and (c), and additional details on the 

acceptable engineering load path are not 

required. The commenter also suggested 

deleting paragraph (d) because the load 

path requirements should apply to all 

wind zones as specified in paragraphs 

(a) and (c). The commenter also stated 

that the accepted engineer anchor test 

protocol does not test for cone of 

influence and it is not defined within 

the Construction and Safety Standards. 

Therefore, it should be removed from 

§ 3280.213(f)(1). 

HUD Response: HUD did not add 

requirements for patio covers and porch 

roofs, as such specific code change text 

and supporting information be 

submitted to the MHCC for consensus 

review and deliberation. It is not 

appropriate for HUD to integrate these 

changes at the final rule stage. Further, 

HUD disagreed with comments that 

installation instructions are not required 

by the standard, as it is clearly 

addressed in §§ 3280.213(b) and (e). 

Upon placing a label certification on 

each transportable section of a 

manufactured home, the manufacturer 

self-certifies its compliance with the 

Construction and Safety Standards. 

HUD notes the added information 

required on the Data Plate more clearly 

identifies whether the home has been 

designed for an attached carport. HUD 

agreed with all comments providing 

specific textual changes and HUD 

modified the standards accordingly. 

Subpart D, Body and Frame 

Requirements 

§ 3280.305 Structural Design 

Requirements 

One commenter stated that proposed 

§ 3280.305(h)(5) expands areas of 

construction that could be deferred to 

the job site and imposed on the installer 

under ‘‘On-Site Completion 

Requirements.’’ The commenter stated 

that installers were not included in 

deliberations on the proposed changes, 

and that since the On-Site Completion 

rule is relatively new, and given that 

HUD has failed to monitor or measure 

compliance, this provision should be 

deleted until the success of the ‘‘On Site 

Completion’’ process can be evaluated. 

Another commenter stated that HUD 

should delete the words ‘‘connections 

between sections,’’ after ‘‘hinged roof 

sections,’’ and before ‘‘sheathing,’’ in 

paragraph (h)(5) because connections 

between sections is covered as part of 

standard installation. 

Another commenter stated that 

paragraph (h)(5)(iii) requires inspection 

at an installation site in stages but does 

not clarify who would provide 

inspections. The commenter also 

suggested that HUD clearly define 

‘‘inspection of the work at the 

installation site in stages,’’ and stated 

that this new requirement would add 

costs to the home, drive up the cost of 

affordable housing, and would 

financially burden the commenter. 

Two commenters stated that HUD 

strike §§ 3280.305(h)(5) (iii), (iv), and 

(v), because these proposals generally 

apply to onsite installation and appear 

to overstep Subpart D’s bounds. The 

commenters believed these 

requirements, if necessary, would be 

more appropriate under Part 3282, 

Subpart M, ‘‘On-site Completion of 

Construction of Manufactured Homes.’’ 

HUD Response: HUD disagreed with 

the commenter that revisions to this 

standard expand areas of construction 

that can be completed on site. The 

changes to this standard were already 

implemented with the On-Site 

Completion of Construction Rule and 

these changes are conforming. Further, 

HUD conducted limited monitoring of 

procedures and approvals related to On 

Site Completion of Construction and has 

not concluded any adverse or significant 

findings. 

HUD modified this section to address 

other comments received including 

removing any references to installation 

activities. HUD also modified the 

inspection requirements but has 

retained the intent that inspections 

occur prior to covering up additional 

aspects or otherwise allowing for 

inspection panels so that inspection can 

take place. This aspect is important to 

assure that the work completed on site 

conforms to the design standards, so 

that the home is completed in 

accordance with the Construction and 

Safety Standards, and the home is not 

taken out of compliance through the 

work done at the home site. Further, 


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these standards are established to work 

in concert with the regulations for On 

Site Completion of Construction and 

will help to ensure that appropriate 

designs are provided to address the 

work that is expected to happen in the 

factory, the work that is expected to 

happen at the home site, and the factory 

and or inspections at the site necessary 

for conformance. 

§ 3280.307 Resistance to Elements and 

Use 

A commenter stated that the 

expansion of field installation of 

exterior coverings means the 

requirement for the manufacturer to 

provide all needed materials (siding, 

fasteners, channels, etc.) should be 

added to this list. Another commenter 

agreed and suggested adding ‘‘and the 

required materials’’ after ‘‘Complete 

installation instructions.’’ A commenter 

suggested adding attached garages to the 

list of exemptions in paragraph (e), 

given the amount of onsite work 

required to complete the installation of 

an attached garage, and as long as the 

manufacturer is complying with HUD’s 

list of conditions. 

HUD Response: HUD reviewed and 

generally agreed with the comments. 

HUD modified the standard accordingly. 

Subpart F, Thermal Protection 

§ 3820.504 Condensation Control and 

Installation of Vapor Retarders 

One commenter stated that the 

proposed requirements under 

§§ 3820.504(b) and .506(c) are not 

needed, and HUD should delete them. 

The commenter stated its mating walls 

are located in a conditioned area, 

gaskets are installed in the factory to 

prevent air infiltration, and the 

commenter has not witnessed a mating 

wall with damage from condensation. 

Another commenter stated that 

mating walls are interior walls and 

should not be treated as exterior walls 

which require a vapor barrier. 

Furthermore, many homes have single 

mating walls, and this section does not 

define on which side the vapor barrier 

should be applied. 

Another commenter stated that HUD 

should delete these proposals until 

certain issues are evaluated. There will 

be a concern if the connection between 

floors is not effectively sealed from 

allowing cold outside air to enter 

between the ceiling of the first floor and 

floor system of the upper floor. If cold 

air is entering this area, a vapor retarder 

should be applied to the ceiling on the 

first floor. Another concern would be if 

the bottom board is still required to be 

placed under the upper floors, this may 

add to additional condensation between 

the floors if the vapor retarder is not 

installed on the ceiling on the lower 

floor. 

HUD Response: HUD disagreed with 

the commenters regarding the need for 

§§ 3280.504(b) and (c) to be deleted or 

amended, and that the affected walls are 

interior walls. These commenters may 

not understand that the subject 

standards apply to the (fire) walls 

separating attached manufactured 

homes; rather than, mating walls 

between two sections of the same 

manufactured home. Multi-story 

manufactured homes have been 

designed and built for more than two 

decades prior to the rulemaking and 

under Alternative Construction 

processes. These homes have been 

designed and built, and significantly, 

HUD has not received information 

indicating these homes, without a 

ceiling vapor retarder on the first floor, 

are not performing. 

§ 3820.506 Heat Loss/Heat Gain 

Two commenters suggested revising 

paragraph (c) by replacing ‘‘the mating 

wall of each’’ with ‘‘the fire separation 

wall between each.’’ Mating walls 

between two or more sections of a 

multi-section home are not the same as 

firewalls separating two or more 

attached, single-family manufactured 

homes. Mating walls are aligned at 

installation to create a cohesive singlefamily residence—they are not exterior 

walls. However, fire separation walls, 

which separate attached single-family 

homes, should be classified as exterior 

walls because they act as a health-safety 

barrier between distinct residential 

dwellings. The commenters believed 

these edits clarify the distinction 

between mating walls and fire 

separation walls. 

HUD Response: HUD reviewed and 

generally agreed with the comments. 

HUD modified the standard to 

incorporate the public comment where 

those changes have not significantly 

altered the intent as proposed. 

Subpart G, Plumbing Systems 

A commenter suggested clarifying the 

definition of ‘‘indirect waste receptor,’’ 

a new term being introduced to the 

Standards. Second, in § 3280.608, strike 

‘‘Hangars’’ and replace it with 

‘‘Hangers’’ as in the original. Third, by 

incorporating additional safety 

considerations from the Uniform 

Plumbing Code, the commenter saw an 

opportunity to protect the general 

public from the risk of burn or scald. 

The commenter believed a home’s relief 

drain, should it terminate outside the 

home, must terminate between six and 

twenty-four inches above the finished 

grade and face down at termination; 

high enough to prevent backflow, but 

low enough to reduce the risk of injury 

or accident. 

HUD Response: HUD reviewed and 

generally agreed with the comments. 

HUD modified the standard to 

incorporate the public comment where 

those changes have not significantly 

altered the intent as proposed. 

§ 3280.609 Water Distribution Systems 

One commenter stated that the 

requirement that installers extend water 

heater relief valve piping to beyond the 

skirting of the home would very likely 

create an imminent safety hazard 

because it carries superheated, 

pressurized water, so it should be 

deleted. Another commenter stated that 

if the relief valve is directed to outside 

the crawl space, there would be a 

possibility of personal injury to those 

nearby. The commenter explained that 

water heater manufacturers do not allow 

additional piping to be installed directly 

on the pressure relief valve. They 

require ‘‘air gaps’’ when directing into 

additional piping. The commenter 

concluded that HUD should reject these 

changes. 

Another commenter stated that HUD 

should add discharge pipe turndown 

requirements taken from the Uniform 

Plumbing Code which adds a higher 

level of scald protection. This revision 

will increase consumer safety. 

Two commenters proposed changes to 

HUD’s regulatory text. 

HUD Response: HUD reviewed and 

generally agreed with the comments and 

addressed the protections to residents 

by accepting comments regarding relief 

pipe turndowns. HUD also modified the 

standard to incorporate the public 

comment where those changes have not 

significantly altered the intent as 

proposed. 

§ 3280.612 Tests and Inspection 

One commenter opposed the changes 

to this section because they would 

reduce the required pressure needed to 

perform water supply testing and, as a 

result, a revision of the manufacturers’ 

installation instructions would be 

needed along with oversight by the IPIA 

agencies to assure that the proper 

instructions are provided with the 

home. Another commenter 

recommended that, in the last sentence, 

‘‘potable water source’’ should replace 

‘‘potable source of supply.’’ 

HUD Response: HUD generally agreed 

with the comments regarding wording 

changes to the standard. HUD modified 

the standard to incorporate the public 

comment where those changes have not 


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significantly altered the intent as 

proposed. HUD disagreed with 

opposition to the proposed change as 

the changes have been vetted by the 

MHCC and are consistent with many 

state requirements for testing potable 

water supply systems. While this 

change may require revisions to 

manufacturers’ installation instructions, 

the system of design approvals will 

ensure the instructions conform to the 

revised requirements by the rule’s 

effective date. 

Subpart H, Heating, Cooling and Fuel 

Burning Systems 

§ 3280.705 Gas Piping Systems 

One commenter suggested HUD 

eliminate ‘‘hard pipe’’ in paragraph 

(i)(8)(iii), as the industry uses a flex gas 

connector and not a quick-disconnect. 

HUD Response: HUD reviewed and 

generally agreed with the commenter 

and modified the standard to 

incorporate the commenter’s proposed 

change. 

§ 3280.709 Installation of Appliances 

A commenter stated that 

§§ 3280.709(a) and 3280.711 require that 

manufacturers currently ship two sets of 

installation instructions for each 

appliance with every home; the MHCC 

voted to strike this requirement from 

section § 3280.709(a) by letter ballot in 

2015 (Log #92). 

Some commenters noted the 

importance of inspection but stated that 

it is unclear who is to perform on-site 

inspections and testing related to 

paragraph (a)(1)(ii). One commenter 

stated that HUD should clarify that the 

installation is to comply with the local 

building code requirements and be 

subject to inspection by state or local 

code officials. This commenter noted 

that the language in § 3280.709(a)(1) 

would allow for the installation of direct 

vent space heating appliances on-site 

following approved instructions and the 

installation and inspection procedures 

provided. 

A commenter was concerned with 

changes to the vent system termination 

provisions in paragraph (d) because the 

commenter was unaware of any healthsafety risks that would necessitate 

expanding the permissible range from 3 

to 10 feet. The commenter stated the IRC 

has a similar requirement, but it only 

applies to the vent system of a fuelburning appliance. Consequently, the 

commenter recommended adding the 

clarifying phrase ‘‘of fuel-burning 

appliances.’’ In addition, the commenter 

replacing the phrase ‘‘habitable areas’’ 

with ‘‘habitable rooms’’ because this 

term is defined in the Standards. 

HUD Response: HUD agreed that the 

MHCC voted to eliminate the 

requirement for the home manufacturer 

to provide two sets of appliance 

manufacturers’ instructions with each 

home. This recommended change is 

anticipated to be addressed in a future 

rulemaking. HUD also reviewed the 

comments concerning the site installed 

direct vent appliances and has made 

changes to clarify that testing of the 

home’s fuel supply and electrical 

systems are the responsibility of the 

home manufacturer. HUD also reviewed 

the comment regarding separation of 

intake and exhaust vents and made 

changes to address the comment by 

clarifying that the placement restrictions 

apply to exhausts of fuel burning 

appliances and using the defined term, 

‘‘habitable rooms.’’ 

§ 3280.710 Venting, Ventilation, and 

Combustion Air 

One commenter stated that the new 

requirement at paragraph (d) is not 

needed and that, to follow the proposed 

requirement, the commenter would 

have vent pipes above allowable 

transport height. The commenter 

requested that HUD delete the 

requirement because it would be forced 

to have vent pipes site installed, revise 

vent runs, or eliminate some floor plans 

completely, which would drive up the 

cost of affordable housing and cause 

financial burden. Another commenter 

stated that HUD should clarify that 

§ 3280.710 applies to fuel-burning 

combustion appliances, to be consistent 

with the IRC. Two commenters 

proposed changes to HUD’s regulatory 

text. 

HUD Response: HUD disagreed with 

the comment that the changes to 

separate intake and exhaust vents are 

not needed. The proposed standard was 

recommended by the MHCC and HUD 

refers the commenter to U.S. 

Government Accountability Office 

(GAO) audit report GAO–13–52, Testing 

and Performance Evaluation Could 

Better Ensure Safe Indoor Air Quality. 

HUD also reviewed the comment 

regarding separation of intake and 

exhaust vents and has made changes to 

address the comment by clarifying that 

the placement restrictions apply to 

exhausts of fuel burning appliances and 

using the defined term, ‘‘habitable 

rooms.’’ 

Subpart I, Electrical Systems 

§ 3280.807 Fixtures and Appliances 

Some commenters stated that the new 

requirement at paragraph (g) has no 

safety benefit to the consumer and HUD 

should delete it. The commenters 

explained that wiring ceiling-mounted 

and wall-mounted light fixtures to one 

switch has been standard practice for 

decades. A commenter stated they were 

unaware of any health-safety risk 

associated with having multiple 

bathroom lights controlled by the same 

switch, HUD has not provided any 

information to suggest otherwise, and 

consumers’ preference and other 

building codes or standards support the 

commenter’s position. 

HUD Response: HUD disagreed with 

the comments. The intent of the 

requirement for separate switches 

allows an occupant to use one or both 

lights at their discretion. This allows 

potential energy consumption savings 

by allowing the occupant to energize 

one light rather than both if both are not 

necessary. 

Subpart J, Transportation Systems 

§ 3280.902 Definitions 

One commenter stated that the 

proposed change to the ‘‘Drawbar and 

coupling mechanism’’ definition, by 

removing ‘‘A frame’’ and adding in its 

place ‘‘rigid substructure,’’ is not 

justified and should be discarded. 

Another commenter suggested deleting 

the parenthetical from the ‘‘Drawbar and 

coupling mechanism’’ definition for 

clarity. The commenter stated the 

parenthetical is unnecessary, and 

‘‘usually an A frame rigid structure’’ 

only creates confusion where the 

defined term ‘‘Frame’’ also uses the 

phrase ‘‘rigid structure’’ in its 

definition. 

HUD Response: HUD disagreed with 

these comments. The added term is 

consistent with the same use in other 

definitions and is intended to reflect the 

structure to which the coupling 

mechanism is mounted. 

§ 3280.903 General Requirements for 

Designing the Structure To Withstand 

Transportation Shock and Vibration 

One commenter suggested that HUD 

reject the proposed changes to 

paragraph (a). The commenter stated 

that to remove ‘‘during its intended life’’ 

is unacceptable. To alter the language to 

‘‘function after set-up’’ now establishes 

a ‘‘time frame’’ on how long chassis 

have to last and many manufactured 

homes will no longer be ‘‘transportable’’ 

which is required under 3280.2. The 

commenter did not suggest where HUD 

should reinclude the phrase ‘‘during its 

intended life’’ if HUD kept its proposed 

changes to § 3280.903. 

For paragraph (b)(1), commenters 

stated that HUD should provide more 

guidance on the road test requirements 

and clarify what constitutes an effective 


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8See 49 CFR 393.52(d). 

9See, e.g., 49 CFR 393.75(h). 

road test. One commenter suggested that 

HUD clearly define the minimum miles 

to travel, the type of roadways to travel, 

and what a failure is. Other commenters 

supported the requirement for road tests 

to be witnessed by experts who are in 

the best position to provide such 

services—an independent registered 

professional engineer or architect, or by 

a recognized testing organization. One 

commenter recommended that the 

testing laboratory be accredited to ISO/ 

IEC 17025 or 17020. Two commenters 

stated that in paragraph (b)(1), the 

manufacturer’s Production Inspection 

Primary Inspection Agency should be 

added to the list of independent third 

parties who can witness and certify the 

road test, and included regulatory text 

changes. These commenters stated that 

paragraphs A and B appear to be a 

carryover from Interpretive Bulletin J– 

1–76 and should be updated to the 

applicable (1) and (2) paragraph 

numbering format to clarify that the 

equation requires the sum of the Dead 

Load and Floor Load calculations. 

HUD Response: HUD disagreed with 

the comment that the changed language 

alters the intended life of the chassis. 

The terminology refers to the structural, 

plumbing, mechanical and electrical 

systems and requires that those systems 

remain operational/functional after 

transportation. 

HUD reviewed the comments and 

proposed changes that would add 

several specific requirements within the 

road test requirements. These 

suggestions should be put forth for 

MHCC review and consideration, as it is 

not appropriate for HUD to integrate 

these changes at the final rule stage. 

Upon review of public comment, 

HUD added that Primary Inspection 

Agencies may also witness and certify 

road tests. HUD also reviewed 

comments that include specific changes 

to the formula included in 

§ 3280.903(b)(3) and edited the formula 

accordingly. 

§ 3280.904 Specific Requirements for 

Designing the Transportations System 

A commenter suggested that ‘‘to 

insure’’ should be replaced with 

‘‘ensuring’’ to correct a minor 

grammatical error. Some commenters 

suggested that in paragraph (b)(4)(i) the 

word ‘‘static’’ should be added to ‘‘gross 

dead weight,’’ such that the text should 

read ‘‘gross static dead weight,’’ to 

maintain consistency with the ‘‘static 

tongue weight’’ variable. 

For paragraph (b)(4)(ii), one 

commenter suggested HUD add a 

requirement to check weights with the 

home in a level position ready for 

transport. 

For paragraph (b)(9)(ii), several 

commenters stated HUD should 

maintain the current 40-foot stopping 

distance. One commenter stated HUD 

should utilize Interpretive Bulletin J–1– 

76. Requiring new brake tests would 

pose financial burdens. Another 

commenter stated it could not find a 

federal Department of Transportation 

(DOT) requirement that would reduce 

the braking distance to 35 feet from 40 

feet. The proposal would eliminate 

acceptable brake tests qualified under 

the current standards, adding undue 

burden and cost, without justification, 

to homes with years of satisfactory 

braking experience which would need 

to be re-tested. Another commenter 

believed keeping the stopping distance 

at 40 feet is consistent with DOT 

regulations. 

For the same paragraph (b)(9)(ii), a 

commenter stated the parenthetical 

should be deleted. The transportation of 

manufactured homes more 

appropriately falls under Category B(3), 

‘‘All other property-carrying vehicles 

and combinations of property-carrying 

vehicles,’’ of the DOT Vehicle Brake 

Performance Table.8 Given that the 

weight of a home can easily exceed 

25,000 pounds—with some 16-footwide, full-length models approaching 

40,000 pounds—home transportation is 

more closely related to the movement of 

heavy equipment, such as excavators 

and dump trucks. While the process of 

transporting a home is considered 

driveaway-towaway operations under 

DOT regulations, the DOT also 

recognizes that these homes require 

special consideration.9

Two commenters suggested in 

paragraph (b)(6)(i), the word 

‘‘nationally’’ should be deleted. There 

are several reputable programs and 

testing agencies that do not yet have 

national accreditation, but they have 

regional, state, or local approval. These 

programs or agencies should not be 

excluded, especially when state 

standards are often more stringent. 

Another commenter recommended that, 

for paragraph (b)(6)(i), that the 

nationally recognized testing agency be 

accredited to ISO/IEC 17025 or 17020. 

Some commenters suggested in 

paragraph (b)(8)(ii), the phrase ‘‘or 

equivalent’’ should follow ‘‘tread wear 

indicator’’ to ensure consistency with 

how the phrase is applied to other 

similar provisions throughout the 

Standards. 

For paragraph (b)(9)(iii), a commenter 

stated that HUD’s proposed requirement 

is not practical because there is no way 

to check actual voltage unless the truck 

is hooked up to the brakes. The 

commenter asked if the intent is to 

perform this test on every home that 

ships and requested that HUD delete the 

requirement as it would drive up the 

cost of affordable housing and pose 

financial burden on the commenter. 

Another commenter suggested 

replacing the first two sentences of 

paragraph (b)(9)(iii) with the following: 

‘‘Brake wiring must be provided for 

each brake. The brake wire must not be 

less than the value specified in the 

brake manufacturer’s instructions.’’ 

Manufacturers should not be 

responsible for evaluating each 

transportation company’s tractors and 

equipment or for assessing each 

company’s quality assurance program. 

They should only be responsible for 

ensuring that the provided brake wiring 

meets or exceeds the minimum required 

specifications as provided by the brake 

manufacturer. 

HUD Response: HUD accepted the 

comment regarding changing ‘‘insuring’’ 

to ‘‘to ensure’’ within § 3280.904(b)(3). 

HUD also accepted the comment to add 

‘‘static’’ within §§ 3280.904(b)(4) and 

3280.904(b)(6). HUD also accepted the 

comment to check weights with the 

home in a level position (see revised 

§ 3280.904(b)(4)(ii)). 

HUD disagreed with the comment to 

revise the stopping distance from 35 to 

40 feet. HUD revised the reference for 

the braking performance stopping 

distance, aligning HUD’s standards with 

DOT (at 49 CFR 393.52(d)) and clarified 

the classification of manufactured home 

to best align with DOT’s previously 

designated classification. 

HUD disagreed with the comment to 

remove ‘‘nationally’’ from the qualifier 

on testing agencies that may accept 

recycled axle programs 

(§ 3280.904(b)(6)(i)). This terminology 

has been in use for decades and its use 

is consistent with historical use. HUD 

also disagreed with the comment that 

suggests adding a specific accreditation 

for testing agencies. HUD has found the 

work of nationally recognized testing 

agencies, having various qualifications, 

does not impede health and safety 

protection. 

HUD also reviewed comments 

requesting the addition of equivalent 

tread wear indicators but has not 

received specific means of determining 

equivalence and has therefore decided 

not to include such language in the final 

rule. These suggestions should be put 

forth for MHCC review and 

consideration, as it is not appropriate 

for HUD to integrate these changes at 

the final rule stage. 


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HUD reviewed public comment and 

specific comments that included textual 

changes to § 3280.904(b)(9)(iii) 

regarding electrical brake wiring. HUD 

accepted these changes. 

Subpart K, Attached Manufactured 

Homes and Special Construction 

Several commenters supported adding 

two-family, or two- and three-family, 

dwelling units to Subpart K. These 

commenters supported duplexes and 

triplexes as more practical and 

affordable solutions in urban and 

suburban applications because of, for 

example, zoning restrictions. One 

commenter suggested less restrictive fire 

separation requirements and amending 

§§ 3280.1002 and .1004 and adding a 

new § 3280.1003(a). Another 

commenter also suggested less 

restrictive fire separation requirements 

and offered several recommended 

changes to regulatory text. These 

proposed changes to regulatory text 

included separating § 3280.1003 into 

two paragraphs—paragraph (a) for ‘‘two 

attached manufactured homes’’ and 

paragraph (b) for ‘‘three or more 

attached manufactured homes.’’ Some 

commenters supported reevaluating 

Subpart K for a single structure with 

two dwellings but did not propose 

alternative regulatory text. One 

commenter stated that duplexes have 

simpler requirements than ‘‘town 

homes,’’ and the demand for duplexes 

will far outpace any other type of 

attached manufactured home. 

Another commenter, while expressing 

general support for HUD’s proposed 

changes, questioned HUD’s focus on 

adopting standards for multi-story 

manufactured homes and attached 

manufactured homes, while MHCC 

recommended standards for multifamily manufactured homes are not 

included in the proposed rule and have 

yet to be proposed for adoption. The 

commenter noted the absence of an 

explanation in the proposed rule for 

HUD’s prioritization of the included 

standards for multi-story and ‘‘zero-lotline’’ attached manufactured homes, as 

contrasted with broader and potentially 

much more economically-significant 

and beneficial proposed standards for 

multi-unit/multi-family manufactured 

homes. The commenter stated that 

instead of promoting affordable 

manufactured housing for all Americans 

as required by law, HUD appears to be 

abusing its regulatory authority to 

support Fannie Mae and Freddie Mac in 

order to benefit a narrow industry 

segment, while smaller manufacturers 

are kept waiting endlessly for proposed 

multi-unit/multi-family standard. The 

commenter stated that HUD gave no 

indication in the proposed rule of when 

or even if multi-unit/multi-family 

manufactured homes will be addressed 

by promulgating new standards that are 

clearly and uncontrovertibly within the 

scope of present federal law. The 

commenter concluded that HUD should 

include MHCC recommended standards 

for multi-unit/multi-family 

manufactured homes in any final rule 

under the present docket. 

Another commenter stated that much 

of the proposed language in the new 

Subpart K duplicates nearly verbatim 

the language contained in IRC sections 

R302.2 and R302.4 without observing 

and protecting the rights of the ICC as 

its copyright holder. The commenter 

stated that if HUD wishes to publish any 

part of the IRC in its rules or future 

rulemaking proceeding, HUD must seek 

to comply with OMB Circular A–119 

and Incorporation by Reference 

procedures. 

HUD Response: HUD reviewed 

comments that include specific text 

changes and has integrated those 

comments to the maximum extent 

deemed necessary to effect the 

appropriate changes where those 

changes have not significantly altered 

the intent as proposed. 

HUD decided not to eliminate 

structural independence for attached 

homes, as each home shall be designed 

to be structurally independent and each 

home must perform on its own. HUD 

accepted changes to wording regarding 

fire separation walls but has not 

accepted the use of exceptions. The 

exceptions should be submitted as 

proposed changes to the MHCC, and any 

exceptions shall be handled through the 

Alternative Construction process. It is 

not appropriate for HUD to integrate 

these changes at the final rule stage. 

Further, this standards change was 

not intended to address multi-dwelling 

unit manufactured homes (multiple 

single-family residences in one 

manufactured home structure). The 

MHCC recommendations for multi-unit 

manufactured homes are contained in 

the fourth set of its recommendations 

for changes to the Standards. The 

attached manufactured homes are each 

designed as individual single-family 

residential structures by the home 

manufacturers and each such attached 

home is to comply with the 

requirements set forth in 24 CFR 3280 

and as such meet all such requirements 

to be labeled as manufactured homes to 

be installed in accordance with 

accompanying installation instructions 

that also meet HUD’s Model 

Manufactured Home Installation 

Standards. 

HUD has reviewed the public 

comment regarding integration of 

requirements that are generally 

consistent with provisions of the 

International Residential Code (IRC). 

HUD has acted on proposed standards 

received from the public and as 

reviewed, modified and recommended 

by the MHCC. While some language 

may be consistent between the IRC, state 

and local codes, and the requirements 

published in this rule, there are 

differences that remain and justify 

establishment of unique provisions 

rather than incorporating the IRC or any 

given state or local code in their 

entirety. HUD believes the standards 

will allow use of some of the latest 

building technologies and materials, 

creating more consistency with multiple 

State-adopted residential building codes 

for site-built housing (some of which 

may incorporate or amend standards 

including, but not limited to, the 

International Residential Code), and 

expand consumer choice. 

Comments: Preemption and 

Opportunity Zones. 

A commenter asserted that in the 

preamble HUD overtly intends to 

preempt the authority of state and local 

jurisdictions through Subpart K. The 

commenter cited reasons as to why such 

requirements are within the domain of 

state and local authorities. Adjacent and 

attached manufactured homes may be 

manufactured by different companies 

and installed at different times resulting 

in potential interactions that have not 

been addressed within either 

manufactured home, but which could be 

within the proposed rule’s 

requirements. The proposed rule 

provides no requirements that attached 

manufactured homes be manufactured 

by the same manufacturer or installed at 

the same time. 

A commenter stated that HUD should 

have provided more detail and 

justification for the following statement 

made in the Proposed Rule, which was 

used as a blanket justification for the 

new subpart K: ‘‘Subpart K would 

enable manufacturers to design and 

construct homes similar to townhomes, 

which may be useful to address 

affordable housing needs in 

Opportunity Zones and urban or other 

areas.’’ 

According to the commenter, HUD 

makes no attempt to quantify the benefit 

against potential costs even though the 

qualifier ‘‘may’’ is used to describe the 

policy change’s potential benefit. For 

instance, HUD did not consider how 

many fewer code inspectors might there 

be in the country if this policy change 

were to allow the manufactured housing 

industry to become a dominant force in 


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the housing sector. Further, HUD also 

failed to provide any evidence that a 

consumer market even exists for 

townhome-style developments made out 

of manufactured homes. Additionally, 

HUD also failed to describe any interest 

that would validate the above statement 

for the type of developments that are 

considered by this new provision on the 

part of the Opportunity Zone funds, or 

their managers, or even those local 

officials representing the Opportunity 

Zone areas. 

The commenter was also concerned 

about the number of state and local 

authorities that the proposed rule would 

preempt, if finalized in its current form. 

The commenter stated there are at least 

four major preemptions that should be 

considered more fully through a 

Federalism Consultation, consistent 

with Executive Order 13132. The 

commenter believed that the authority 

granted to manufactured housing 

producers under this provision should 

have triggered a proper consultation 

process, irrespective of the additional 

preemptions provided by the proposed 

rule for building code-related 

authorities affecting stairways, landings, 

handrails, guards and stairway 

illumination, siting of and installation 

standards for carbon monoxide alarms, 

and indoor ventilation requirements. 

The commenter suggested that prior to 

finalizing the rule, HUD should pause to 

complete a Federalism Consultation and 

more robust cost-benefit analysis, 

especially as it relates to disaster 

preparedness and recovery. 

HUD Response: HUD reviewed the 

public comment regarding the 

justification for this new Subpart. In 

response, HUD found that the standards 

promulgated in this Final Rule are 

within the scope and authority provided 

by the Manufactured Home 

Construction and Safety Standards Act 

of 1974, as amended by the 

Manufactured Housing Improvement 

Act of 2000. Further, HUD believes that 

the future design, construction and 

installation of attached manufactured 

homes may create affordable housing 

opportunities and may allow 

manufactured homes to be placed in 

more urban areas where land and space 

restrictions have historically limited the 

use of manufactured housing and 

because the design and construction of 

such homes historically required 

specific HUD approvals creating a more 

burdensome and costly oversight 

process. These areas may include 

locations within Opportunity Zones. 

HUD is aware of a nationwide trend that 

recognizes increased focus on efficient 

land use in many areas. HUD’s 

Construction and Safety Standards 

allow for the industry to provide safe, 

decent, sanitary, and affordable housing, 

as the need develops. 

HUD also noted that the aspects of 

installation would still be subject to 

state and local authority, as is the same 

for all other manufactured home 

installations, provided manufacturer 

installation instructions and state and 

local requirements at a minimum 

comply with HUD’s Model 

Manufactured Home Installation 

Standards. However, HUD’s 

Construction and Safety Standards as 

promulgated through this Final Rule 

would preempt state and local 

requirements for the same aspects of 

construction, the same as for all other 

manufactured homes. 

§ 3280.1002 Definitions 

Two commenters suggested changes 

to HUD’s proposed regulatory text. 

Another commenter stated that HUD 

should reject the proposed changes to 

§ 3280.1002. Manufactured homes are 

designed to be transportable during the 

intended life of the home and allowing 

multi-family manufactured homes to be 

constructed and installed affects 

homeownership and the adjacent home. 

Another commenter opposed the 

proposed rule due to its unwarranted 

intrusion into the modular housing 

construction sector. Subpart K would 

allow ‘‘(t)wo or more adjacent 

manufactured homes that are 

structurally independent from 

foundation to roof and with open space 

on at least two sides. . .’’ (definition of 

Attached manufactured home at 

§ 3280.1002). In addition to federal 

preemption and safety risks associated 

with manufactured housing, the 

commenter asserted that HUD has not 

considered additional factors that make 

modular homebuilding preferable to 

manufactured housing, including: 

Durability, resiliency, long-term value 

and resale market, access to 

conventional financing without the 

limits FHA places on manufactured 

home loans, and fewer zoning 

restrictions. 

HUD Response: HUD reviewed 

comments that include specific text 

changes and has integrated those 

comments to the maximum extent 

deemed necessary to effect the 

appropriate changes. HUD has changed 

the definition for ‘‘fire separation wall’’ 

by removing the language that the walls 

be structurally independent as that 

requirement is already included in the 

definition of ‘‘attached manufactured 

home.’’ Further, HUD reviewed the 

comments suggesting intrusion into the 

modular housing sector and disagreed 

with the comments. These standards 

apply to manufactured housing and 

contain many of the same or similar 

requirements as other similar structures 

or similar design features and 

considerations. 

§ 3280.1003 Attached Manufactured 

Home Unit Separation 

Two commenters provided a 

significant number of suggested changes 

to HUD’s proposed regulatory text. The 

commenters suggested several editorial 

and substantive changes to the unit 

separation requirements and have 

suggested exceptions to the 

requirements under certain conditions. 

Some commentors have also suggested 

substantive changes to requirements for 

fire separation wall penetrations. 

HUD Response: HUD reviewed 

comments that include specific text 

changes and has integrated those 

comments to the maximum extent 

deemed necessary to effect the 

appropriate changes that remain in line 

with the MHCC’s recommendations. 

The changes made by HUD within this 

standard remove reference to ‘‘two 

attached manufactured homes’’ and 

more generically requires unit 

separation between any attached 

manufactured homes. HUD has also 

modified the requirement that 1 hour 

fire-resistive rating be based on testing 

in accordance with ASTM E 119–05, 

without including language stating 

‘‘with exposure from both sides on each 

attached manufactured home unit.’’ 

HUD has not integrated substantive 

changes to include new exceptions and 

HUD has not accepted substantive 

changes to fire separation penetrations. 

HUD will consider exceptions through 

the Alternative Construction process, 

should a manufacturer be unable to 

meet the requirements of the standards 

and be able to demonstrate an 

equivalent level of safety. Further 

changes, such as those proposed by 

some commenters, should be proposed 

for review by the MHCC so that 

consensus review of those proposed 

changes is made as envisioned by the 

Act. It is not appropriate for HUD to 

integrate these changes at the final rule 

stage. 

§ 3280.1004 Exterior Walls 

Two commenters proposed that in 

paragraph (b), ‘‘or separation wall’’ 

should be added after ‘‘fire separation 

wall’’ and before ‘‘on each 

manufactured home.’’ 

HUD Response: HUD reviewed 

comments that include specific text 

changes and has decided not to 

incorporate the change to ensure all 

exterior walls contain insulation. 


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10U.S. Gov’t Accountability Office, GAO–14–410, 

Manufactured Housing: Efforts Needed to Enhance 

Program Effectiveness and Ensure Funding Stability 

(July 2, 2014). See also HUD’s ‘‘Report to Congress 

on the On-Site Completion of Construction for 

Manufactured Homes’’ (June 18, 2019). 

Comments: Changes to the 

Manufactured Home Procedural and 

Enforcement Regulations (24 CFR Part 

3282). 

A commenter stated that high winds 

caused by tornadoes and hurricanes 

have caused significant damage to 

manufactured housing units, as 

compared to site-built houses, as 

evidenced by the Federal Emergency 

Management Agency (FEMA) in 

multiple post-disaster assessment 

reports. The commenter explained that 

structural add-ons to manufactured 

homes present a clear safety risk to life 

and property, and the broad authority 

given to manufactured housing 

manufacturers regarding attachments, 

including car ports, garages, awnings, 

decks and porches, at the newly 

proposed 24 CFR part 3282, as well as 

through the proposed subpart K, should 

be reconsidered and reevaluated. HUD 

should reevaluate the proposed 

revisions in consultation with FEMA 

and the U.S. Global Change Research 

Program. 

Another commenter recommended 

that HUD keep in mind that, on January 

14, 2020, several important amendments 

to Subpart M were advanced by the 

MHCC’s Regulatory Enforcement 

Subcommittee. While the commenter 

did not suggest that HUD delay updates 

to Subpart M, HUD should be aware that 

substantial changes will likely be 

approved by the MHCC at its next 

meeting. The commenter also looked 

forward to the prompt implementation 

of the MHCC’s recommended revisions 

to Subpart M, which the commenter 

believed will streamline the 

administrative process. 

HUD Response: HUD reviewed these 

general comments. HUD is regulating 

design of the manufactured home, not 

the design and construction of site-built 

attachments. These aspects remain 

under the purview of the local 

authorities having jurisdiction. 

Changes to the Model Manufactured 

Home Installation Standards (24 CFR 

Part 3285) 

General Comments 

A commenter stated the proposed rule 

would have a significant impact on the 

role of manufactured home installers, 

including potential liability for 

installation work related to accessory 

buildings and other on-site installation, 

such as certain appliances the proposal 

states can be shipped ‘‘loose’’ to the 

homesite. To ensure that the end buyer 

or resident of the home has a home that 

has been safely manufactured, 

transported, and installed, it is vital that 

all installation documentation is 

shipped with and remains with the 

home. 

HUD Response: HUD reviewed the 

comment and addressed similar 

comments in this final rule. Concerns 

regarding verification of current 

installation documentation 

requirements should be put forth for 

MHCC review and consideration, as it is 

not appropriate for HUD to integrate 

changes on these requirements at the 

final rule stage. 

§ 3285.5 Definitions 

One commenter suggested that the 

‘‘attached accessory building or 

structure’’ definition in § 3285.5 be 

updated to ensure it matches how the 

term is defined elsewhere in the 

Standards. Specifically, the word ‘‘the’’ 

should be inserted between ‘‘which’’ 

and ‘‘attachment,’’ to promote 

consistency in the Standards for the 

new term ‘‘attached accessory building 

or structure.’’ 

HUD Response: HUD reviewed 

comments that included specific text 

changes and integrated those comments 

to the maximum extent deemed 

necessary to effect the appropriate 

changes. 

Continued Updates to the Standards 

and MHCC Recommendations Not 

Addressed in the Proposed Rule 

General Comments 

Several commenters supported 

regular updates to the Standards and 

HUD’s backing of manufactured 

housing. Commenters also 

recommended that HUD develop and 

implement a streamlined process for 

Standards updates going forward, so 

revisions are introduced on a more 

consistent timeline. 

Many commenters supported 

recommendations and technical changes 

made by the national association 

representing the industry at the federal 

level, the Manufactured Housing 

Institute (MHI), that further enhance the 

proposed rule. The commenters 

believed MHI’s recommendations 

should be incorporated into HUD’s final 

updates and represent critical progress 

in clearing out the backlog of items that 

have been approved by the MHCC. 

These changes were recommended by 

the MHCC but have not yet been 

incorporated into the Standards, and the 

commenters encouraged HUD to quickly 

finalize the proposed rule with MHI’s 

recommended changes. 

A commenter believed updates are 

delayed because the Office of 

Manufactured Housing Programs is a 

‘‘low priority’’ within HUD’s 

organizational hierarchy. HUD has 

repeatedly said it is committed to both 

housing innovation and streamlining 

the administrative and regulatory 

processes that hurt manufactured 

housing, and this rulemaking galvanizes 

HUD’s commitment to the manufactured 

housing industry. Because HUD is the 

standard-setting body for the nation’s 

manufactured home construction and 

safety standards, updates must follow a 

distinct administrative path and must be 

prioritized separately from unrelated 

policy matters. Such an approach was 

recommended by the Government 

Accountability Office in 2014 and in 

2019 by HUD’s own Office of Policy 

Development and Research.10

These commenters also urged HUD to 

move forward with the subsequent sets 

of Standards updates that have been 

passed by the MHCC but are still 

pending HUD action. Such sets of 

updates include several critical industry 

recommendations such as roll-in 

showers and tankless water heaters 

within the Standards. The commenters 

also urged HUD to move forward with 

subsequent proposals to update the 

Federal Construction and Safety 

Standards that have been considered 

and recommended by the Consensus 

Committee—yet have not been acted 

upon by the Department. One 

commenter stated it is unacceptable that 

HUD continues to neglect its obligations 

to ensure timely updates to the 

Standards. HUD’s delays have realworld consequences for families moving 

into manufactured homes and for the 

environment and public health. It is 

critical that HUD address each of the 

revisions already recommended by the 

MHCC and act on future MHCC 

recommendations within the timeframe 

allowed by Congress, ‘‘not later than 12 

months after the date on which a 

standard is submitted to the Secretary 

by the MHCC.’’ 

Comments: The Department of Energy 

and Energy Efficiency. 

One commenter stated that one of the 

proposed rule’s notable failures is 

HUD’s decision ‘‘not to include in this 

proposed rule certain MHCC 

recommendations due to pending 

regulations for improving energy 

efficiency in manufactured homes being 

prepared by the U.S. Department of 

Energy’’ (DOE). DOE in November 2019 

agreed to a settlement to take final 

action on energy efficiency no later than 

February 2022. This offers HUD a 

reasonable opportunity to implement 


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2512 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 

11See 42 U.S.C. 5403(a)(5). 

the MHCC’s recommendations in the 

current rulemaking and HUD’s delay 

further risks the health and financial 

well-being of new manufactured home 

residents. 

Another commenter continued that 

HUD states that ‘‘[g]iven this DOE 

rulemaking,’’ it ‘‘has decided to 

postpone action’’ on certain MHCC 

recommendations affecting §§ 3280.502 

and 3280.506(b). The proposed rule 

cites no legal authority for this 

postponement, nor is HUD’s proposed 

action one of the three outcomes 

permitted by the statutory text: 11 The 

adoption, modification, or rejection of 

the proposed revisions recommended by 

the MHCC. Moreover, the proposed rule 

does not fulfill HUD’s obligation to 

publish for public comment the 

proposed revised standards 

recommended by the MHCC. Because 

HUD has failed to identify the specific 

changes to the Standards that it is 

postponing, HUD denies the public an 

opportunity to meaningfully comment 

on this aspect of the proposed rule. 

Even if DOE’s standards for energy 

efficiency would ultimately supersede 

the MHCC’s approved 

recommendations, HUD has ample time 

to implement the MHCC’s 

recommended energy efficiency 

improvements before compliance with 

any conflicting DOE standards would be 

required. 

Another commenter recognized the 

valuable role energy efficiency 

requirements play in reducing the 

energy burden of households 

(particularly low-and moderate-income 

households) and supporting 

affordability across the life cycle of 

homeownership and rental. DOE’s delay 

does not absolve HUD of its obligation 

to provide manufactured homeowners 

with energy efficient homes. The 

commenter recommended HUD 

incorporate provisions of the 

International Energy Conservation Code 

appropriate for manufactured homes 

into the federal standards. HUD should 

also work diligently with DOE to assure 

the implementation of the requirements 

in 42 U.S.C. 17071. 

HUD Response: HUD reviewed the 

comments and intends to move forward 

with more recent MHCC 

recommendations. HUD will continue to 

collaborate and cooperate with other 

federal agencies, including DOE, as 

needed and necessary. 

IV. Incorporation by Reference 

The reference standards proposed for 

incorporation are approved by the 

Director of the Federal Register for 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Copies of these standards 

may be obtained from the organization 

that developed the standard. As 

described in § 3280.4, these standards 

are also available for inspection at 

HUD’s Office of Manufactured Housing 

Programs and the National Archives and 

Records Administration. 

This final rule incorporates by 

reference the following six consensus 

standards for Manufactured Housing: 

1. ANSI/ASHRAE 62.2–2010, 

Ventilation and Acceptable Indoor Air 

Quality in Low-Rise Residential 

Buildings. This standard defines the 

roles of and minimum requirements for 

mechanical and natural ventilation 

systems and the building envelope 

intended to provide acceptable indoor 

air quality in low-rise residential 

buildings. It is ASHRAE’s Indoor Air 

Quality standard for residential 

buildings. It applies to spaces intended 

for human occupancy within singlefamily houses and multi-family 

structures of three stories or fewer above 

grade, including manufactured and 

modular houses. This standard is 

available online for review via readonly, electronic access at http://

ibr.ansi.org/Standards/. 

2. ANSI/UL 2034–2016. Standard for 

Single and Multiple Station Carbon 

Monoxide Alarms. These requirements 

cover electrically operated single and 

multiple station carbon monoxide (CO) 

alarms intended for protection in 

ordinary indoor locations of dwelling 

units, including recreational vehicles, 

mobile homes, and recreational boats 

with enclosed accommodation spaces 

and cockpit areas. The carbon monoxide 

alarms covered by these requirements 

are intended to respond to the presence 

of carbon monoxide from sources such 

as, but not limited to, exhaust from 

internal-combustion engines, abnormal 

operation of fuel-fired appliances, and 

fireplaces. Carbon monoxide alarms are 

intended to alarm at carbon monoxide 

levels below those that cause a loss of 

ability to react to the dangers of carbon 

monoxide exposure. Carbon monoxide 

alarms covered by this standard are not 

intended to alarm when exposed to 

long-term, low-level carbon monoxide 

exposures or slightly higher short-term 

transient carbon monoxide exposures, 

possibly caused by air pollution or 

properly installed and maintained fuelfired appliances and fireplaces. This 

standard is available online for review 

via read-only, electronic access at http:// 

ibr.ansi.org/Standard. 

3. ASTM E 119–05. Standard Test 

Methods for Fire Tests of Building 

Construction and Materials. This 

standard is used to measure and 

describe the response of materials, 

products, or assemblies to heat and 

flame under controlled conditions, but 

does not by itself incorporate all factors 

required for fire hazard or fire risk 

assessment of the materials, products, or 

assemblies under actual fire conditions. 

This standard is available online for 

review via read-only, electronic access 

at http://www.ASTM.org/READING

LIBRARY. 

4. NFPA 70–2005. National Electrical 

Code, Article 550.17. The provisions of 

this article cover the electrical 

conductors and equipment installed 

within or on mobile and manufactured 

homes, the conductors that connect 

mobile and manufactured homes to a 

supply of electricity, and the 

installation of electrical wiring, 

luminaires (fixtures), equipment, and 

appurtenances related to electrical 

installations within a mobile home park 

up to the mobile home service-entrance 

conductors or, if none, the mobile home 

service equipment. More specifically, 

Article 550.17 provides that the wiring 

of each mobile home be subjected to a 

1-minute, 900-volt, dielectric strength 

test (with all switches closed) between 

live parts (including neutral) and the 

mobile home ground. Alternatively, the 

standard allows a test to be performed 

at 1080 volts for 1 second. This test 

shall be performed after branch circuits 

are complete and after luminaires 

(fixtures) or appliances are installed. 

This standard is available online for 

review via read-only, electronic access 

at http://ibr.ansi.org/Standards. 

5. NFPA 720. Standard for the 

Installation of Carbon Monoxide (CO) 

Detection and Warning Equipment. This 

document does not attempt to cover all 

equipment, methods, and requirements 

that might be necessary or advantageous 

for the protection of lives from carbon 

monoxide exposure. The effects of 

exposure to carbon monoxide vary 

significantly among different people. 

Infants, pregnant women, and people 

with physical conditions that limit their 

bodies’ ability to use oxygen can be 

affected by low concentrations of carbon 

monoxide. These conditions include, 

but are not limited to, emphysema, 

asthma, and heart disease, all of which 

are usually indicated by a shortness of 

breath upon mild exercise. People in 

need of warning about low levels of 

carbon monoxide should explore the 

use of specially calibrated units or other 

alternatives. This standard is primarily 

concerned with life safety, not with 

protection of property. It covers the 

selection, design, application, 

installation, location, performance, 

inspection, testing, and maintenance of 


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carbon monoxide detection and warning 

equipment in buildings and structures. 

This standard is available online for 

review via read-only, electronic access 

at http://ibr.ansi.org/Standards. 

6. UL 217. Single and Multiple Station 

Smoke Alarms. This document provides 

requirements that cover electrically 

operated single and multiple station 

smoke alarms intended for open area 

protection in indoor locations. This 

standard is available online for review 

via read-only, electronic access at http:// 

ibr.ansi.org/Standard. 

The sections of the Construction and 

Safety Standards that would be 

amended by each reference modification 

and the impact of each reference is 

shown in the chart below. 

Standard Edition Title Section Comment 

ANSI/UL 2034 ...................... Third ... Single and Multiple Station Carbon Monoxide Alarms.§ 3280.211(a) Only required for homes that incorporate a gas 

burning appliance and then preempts state and 

local requirements already established in 38 

states. 

ANSI/ASHRAE 62.2 ............. 2010 ... Ventilation and Acceptable Indoor Air Quality in Low-Rise 

Residential Buildings.

§ 3280.103(d) Provides an option to ventilation requirements established at § 3280.103(b) and (c). 

NFPA No.70 Article 550.17 .. 2005 ... National Electrical Code .............. § 3280.810(b) Provides for a referenced standard to conduct polarity checks as an option to visual polarity 

checks. 

NFPA 720 ............................. 2015 ... Standard for the Installation Carbon Monoxide Detection 

Equipment.

§ 3280.211(b) Only required for homes that incorporate a gas 

burning appliance or an attached garage and 

then preempts state and local requirements already established in 38 states. 

ASTM E 119 ......................... 2005 ... Standard Test Method for Fire 

Tests of Building Construction 

and Materials.

§ 3280.1003(a) Allows for a manufacturer to design and construct 

attached housing that is otherwise only permitted through an AC review and approval. 

UL 217 .................................. Fifth .... Single and Multiple Station 

Smoke Alarms.

§ 3280.211(a) Provides for a referenced standard for manufacturers to use combination carbon monoxide and 

smoke alarms. This standard addresses smoke 

alarm operation of the combination alarms. 

In addition to reviewing these 

standards on-line, copies of the 

standards may be obtained from the 

organization that developed the 

standard as follows: 

ANSI—American National Standards 

Institute, 11 West 42nd Street, New 

York, NY 10036, 212–642–4900, fax 

212–398–0023, www.ansi.org. 

ASHRAE—American Society of 

Heating, Refrigeration, and Air 

Conditioning Engineers, 1791 Tullie 

Circle NE, Atlanta, GA 30329, 404–636– 

8400, fax 404–321–5478. 

ASTM—ASTM, Int’l, 100 Barr Harbor 

Drive, West Conshohocken, 

Pennsylvania 19428, 610–832–9500, fax 

610–832–9555, www.astm.org. 

NFPA—National Fire Protection 

Association, Batterymarch Park, Quincy, 

Massachusetts 02269, 617–770–3000, 

fax 617–770–0700, www.nfpa.org. 

UL—Underwriters Laboratories, 333 

Pfingsten Road, Northbrook, Illinois 

60062, 847–272–8800, fax 847–509– 

6257, www.ul.com. 

This final rule also references ASTM 

D781–1968 (Reapproved 1973), which 

has already been approved for 

incorporation by reference. No changes 

are being proposed to this IBR. 

V. Findings and Certifications 

Regulatory Review—Executive Orders 

12866 and 13563 

Under Executive Order 12866 

(Regulatory Planning and Review), a 

determination must be made whether a 

regulatory action is significant and, 

therefore, subject to review by the Office 

of Management and Budget (OMB) in 

accordance with the requirements of the 

order. Executive Order 13563 

(Improving Regulations and Regulatory 

Review) directs executive agencies to 

analyze regulations that are ‘‘outmoded, 

ineffective, insufficient, or excessively 

burdensome, and to modify, streamline, 

expand, or repeal them in accordance 

with what has been learned.’’ Executive 

Order 13563 also directs that, where 

relevant, feasible, and consistent with 

regulatory objectives, and to the extent 

permitted by law, agencies are to 

identify and consider regulatory 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public. 

This rule was determined to be a 

‘‘significant regulatory action’’ as 

defined in section 3(f) of the Executive 

order (although not an economically 

significant regulatory action, as 

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

Executive order). 

Executive Order 13771 

Executive Order 13771, entitled 

‘‘Reducing Regulation and Controlling 

Regulatory Costs,’’ was issued on 

January 30, 2017. This rule is expected 

to be an Executive Order 13771 

regulatory action. Details on the 

estimated cost savings of this final rule 

can be found below in the Summary of 

Benefits and Costs, and in the rule’s 

Regulatory Impact Analysis. 

Summary of Benefits and Costs of Rule 

As discussed, this final rule would 

amend the Federal Manufactured Home 

Construction and Safety Standards by 

adopting recommendations made to 

HUD by the MHCC. In this regard, this 

final rule revises various standards that 

reflect current construction practices 

used by the manufacturing housing 

industry and the home construction 

industry in general. For example, when 

a manufacturer chooses to install a 

carbon monoxide alarm, the 

manufacturer will use an alarm that has 

been listed in accordance with 

requirements of ANSI/UL 2034 and the 

manufacturer will install the alarm in 

accordance with the product’s 

installation instructions that meet the 

requirements of NFPA 720. Similarly, 

standards proposed that are applicable 

to interior door widths as well as those 

provisions for multi-story and attached 

manufactured homes are based on 

current construction practices that have 

largely been established due to preexisting requirements of state and local 

jurisdictions for other housing products 

(i.e., site-built or modular). Other 

standards recommended by the MHCC 

and proposed by HUD, such as those 

that would define requirements for 

stairways, landings, handrails, guards 


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and stairway illumination, would free 

manufacturers from having to follow 

various state and local requirements that 

vary from jurisdiction to jurisdiction 

and bring uniformity to manufactured 

home construction nation-wide. The 

rule would also incorporate five new 

reference standards that are already 

standards used in the design, listing, 

and evaluation of the respective 

materials or components. 

In addition, HUD has concluded that 

this rule provides manufacturers more 

flexibility in the ability to pursue design 

options and, more importantly, cost 

savings as the result of eliminating the 

need to obtain HUD approval through 

the Alternative Construction (AC) 

process (see § 3282.14). More 

specifically, manufacturers need to 

engage the AC process to design and 

construct manufactured homes that 

incorporate innovations that have not 

yet been codified in HUD’s Construction 

and Safety Standards. For example, 

addressing the design and construction 

of multi-story homes, attached homes, 

or homes that are designed to 

accommodate an attached garage or 

carport that is not factory constructed 

but added to the home during the home 

installation process, may create 

regulatory confusion between state, 

local, and Federal authorities and may 

sometimes require HUD approval 

through the AC process prior to the 

manufacturer being able to incorporate 

these design features. After review of an 

AC request, HUD establishes specific 

terms and conditions for use of the 

design through an AC letter. While the 

AC process serves a useful purpose, 

including encouraging the use of new 

technology in the construction of 

manufactured homes, HUD believes that 

codification of certain design features 

that already were reviewed can provide 

cost savings for manufacturers and 

consumers, and reduce regulatory 

confusion when directly addressed 

within the code. In fact, HUD’s final 

rule is based primarily on the MHCC’s 

recommendations and integrates some 

aspects of specific AC letters that have 

been issued in the past. Specifically, 

regulatory costs that are currently borne 

by the manufactured home 

manufacturer associated with preparing 

an AC request and maintaining the AC 

approvals include: 

1. Manufacturers’ engineers’ 

preparation of designs, calculations, or 

tests for aspects that do not conform 

with outdated building standards for 

past innovations that have become more 

commonplace but have not yet been 

incorporated into the Construction and 

Safety Standards; 

2. DAPIA review and approval of the 

designs, calculations, and or tests to be 

submitted on behalf of the 

manufacturers requesting HUD’s 

approval; 

3. Preparation of a submission 

package for the AC request, including 

all designs, calculations, and tests to be 

sent to HUD for approval; 

4. Lost opportunity costs and actual 

manufacturer and DAPIA staff time to 

respond to HUD throughout the review 

and approval process, which, depending 

on the specific AC request, may take as 

few as 30 days or as long as 6 months; 

5. Time and travel associated with 

third-party inspections at each affected 

home’s site for manufactured homes 

built under an AC that requires a site 

inspection be conducted in order to 

verify conformance with specific terms 

and conditions of the AC approval; and 

6. Maintaining and providing copies 

of AC-specific production reports, 

inspection reports, and other 

administrative burdens required to 

maintain the AC approval. 

This rule would also require that 

carbon monoxide detectors be installed 

in homes with fuel burning appliances 

or designed by the home manufacturer 

for an attached garage. These provisions 

are intended to be consistent with other 

single-family dwelling construction 

requirements and are intended to 

provide early warning alerts to 

occupants of the presence of carbon 

monoxide within the living space of the 

manufactured home. Specifically, this 

rule would require that carbon 

monoxide alarms be installed in 

accordance with the Standard for the 

Installation of Carbon Monoxide 

Detection Equipment, NFPA 720–2015, 

and be listed and conform to the 

requirements of Single and Multiple 

Station Carbon Monoxide Alarms, 

ANSI/UL 2034–2016 edition. 

In sum, the one-time annual costs of 

this proposed rule range from $2.19 

million to $4.122 million. Total valued 

benefits range from $8.515 million to 

$12.517 million. Unvalued benefits 

include reduced home damage and 

injuries from piping water heater relief 

valves to outside of the home and from 

the avoided delay during the AC review. 

The total estimated annual costs and 

benefits are described in the chart 

below. 

3 percent 7 percent 

Estimate: low Estimate: high Estimate: low Estimate: high 

Total Annual Costs (See Figure 3): 

Carbon Monoxide Detector Requirement ................................................. $258,000 $1,032,000 $258,000 $1,032,000 

Water heater relief valves ......................................................................... 1,352,400 1,932,000 1,352,400 1,932,000 

Wet-vented drains .................................................................................... 483,000 772,800 483,000 772,800 

Separate Bathroom Light Switches .......................................................... 96,600 425,040 96,600 425,040 

Total ................................................................................................... 2,190,000 4,161,840 2,190,000 4,161,840 

Present Value of Benefits 

Carbon Monoxide Detector Requirement (See Figure 4): 

Value of Injuries Prevented ...................................................................... 166,818 166,818 142,688 142,688 

Value of Deaths Prevented ...................................................................... 8,908,186 8,908,186 7,619,651 7,619,651 

Wet-vented drains (See Figure 7) ................................................................... 483,000 772,800 483,000 772,800 

Separate Bathroom Light Switches (See Figure 5) ......................................... 326,796 2,614,366 214,929 1,719,434 

Deregulatory (See Figure 6): 

Whole-House Ventilation .......................................................................... 3,540 3,540 3,540 3,540 

2-Story Homes .......................................................................................... 12,640 12,640 12,640 12,640 

Attached Garages ..................................................................................... 38,836 38,836 38,836 38,836 

Total ................................................................................................... 9,939,816 12,517,187 8,515,285 10,309,589 


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A fuller discussion of the costs and 

benefits of this rule is available in the 

rule’s Regulatory Impact Analysis, 

which is part of this docket. 

Finally, 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, U.S. 

Department of Housing and Urban 

Development, 451 7th Street SW, 

Washington, DC 20410–0500. 

Paperwork Reduction Act 

The information collection 

requirements contained in this proposed 

rule have been approved by the OMB 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520) and 

assigned OMB control number 2502– 

0253. HUD expects to make changes to 

the existing recordkeeping items 

consistent with changes in this final 

rule and believes that the changes will 

result in a decrease of burden. In 

accordance with the Paperwork 

Reduction Act, an agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless the collection 

displays a valid control number. 

The burden of information collection 

addressed in this final rule is estimated 

as follows for those aspects that would 

continue to require AC requests and 

does not include burdens for past AC 

requests related to carport-ready homes, 

garage-ready homes, homes that exceed 

2,571 square feet (whole house 

ventilation), and two-story homes: 

Information collection Number of 

respondents 

Frequency of 

response 

Responses 

per annum 

Burden hours 

per response 

Annual burden 

hours 

Hourly cost 

per response Annual cost 

Manufacturers Records: 

§ 3282.14 Alternative Construction Submissions 135 0.75 101 2.5 253 $33.57 $8,493.21 

IPIA Records: 

§ 3282.14 Alternative Construction Submission 

Concurrence 

Records and Reporting ............... 12 14 168 2.0 336 33.57 11,279.52 

DAPIA Records: 

§ 3282.203/361/364 

Design Review 

Records and Reporting ............... 6 28 168 1.0 168 33.57 5,639.76 

Total ............... 153 ........................ 569 ........................ 757 ........................ 25,412.49 

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. The 

Finding of No Significant Impact will 

also be available for review in the 

docket for this rule on Regulations.gov. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. It is HUD’s 

position that this proposed rule would 

not have a significant economic impact 

on a substantial number of small 

entities. This proposed rule would 

regulate establishments primarily 

engaged in making manufactured homes 

(NAICS 32991). The U.S. Small 

Business Administration’s size 

standards define an establishment 

primarily engaged in making 

manufactured homes as small if it does 

not exceed 1,250 employees. Of the 222 

firms included under this NAICS 

definition, approximately 35 produce 

manufactured homes subject to HUD’s 

Manufactured Housing Construction 

and Safety Standards. Other entities 

covered by this NAICS code build nonHUD Code prefabricated buildings. Of 

the 35 manufacturers subject to HUD’s 

Manufactured Housing Construction 

and Safety Standards, 31 are considered 

to be small businesses based on the 

threshold of 1,250 employees or less. 

The final rule applies to all the 

manufacturers and thus would affect a 

substantial number of small entities. 

Small entities have the ability and 

capability to offer the same type of 

housing products with the same or 

similar options, features, and appliances 

as larger manufacturers. However, 

smaller manufacturers have more 

difficulty spreading regulatory costs 

over the higher production of homes 

like that of a large, higher producing 

manufacturer. Small manufacturers 

would need to bear the costs, reducing 

profit margins accordingly or passingthrough the costs over lower production 

amounts. This may disproportionally 

increase the cost of housing products for 

small manufacturers considering the 

same or similar options, features, and 

appliances. This rule, however, would 

provide small manufacturers greater 

flexibility to pursue design options and, 

more importantly, obtain cost savings 

resulting from the elimination of the 

need to obtain HUD approval through 

the AC process (see § 3282.14). More 

specifically, small manufacturers are 

more likely to engage engineering 

consultants and other non-staff 


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resources in order to provide data and 

information needed for the AC process. 

Consequently, small manufacturers 

would benefit most from this rule’s 

provisions that eliminate the AC process 

for design and construction of 

manufactured homes that incorporate 

innovations that have not yet been 

codified in HUD’s Construction and 

Safety Standards. Additionally, the 

elimination of these current regulatory 

costs may provide small manufacturers 

the opportunity to pursue design and 

construction innovations that absent the 

rule would have been too costly to 

pursue. 

For the reasons stated, a substantial 

number of small manufacturers with 

fewer than 1,250 employees will be 

affected by this rule. Nevertheless, HUD 

anticipates that the rule will not have a 

significant economic impact on them. 

Accordingly, the undersigned certifies 

that this rule would not have a 

significant economic impact on a 

substantial number of small entities. 

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. 

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 

24 CFR Part 3280 

Fire prevention, Housing standards, 

Incorporation by reference. 

24 CFR Part 3282 

Administrative practice and 

procedure, Consumer protection, 

Intergovernmental relations, 

Investigations, Manufactured homes, 

Reporting and recordkeeping 

requirements, Warranties. 

24 CFR Part 3285 

Housing standards, Manufactured 

homes. 

Accordingly, for the reasons described 

in the preamble, HUD amends 24 CFR 

parts 3280, 3282, and 3285 to read as 

follows: 

PART 3280—MANUFACTURED HOME 

CONSTRUCTION AND SAFETY 

STANDARDS 

■ 1. The authority citation for part 3280 

continues to read as follows: 

Authority: 15 U.S.C. 2697, 42 U.S.C. 

3535(d), 5403, and 5424. 

■ 2. In § 3280.2, add in alphabetical 

order a definition for ‘‘Attached 

accessory building or structure’’ to read 

as follows: 

§ 3280.2 Definitions. 

* * * * * 

Attached accessory building or 

structure means any awning, cabana, 

deck, ramada, storage cabinet, carport, 

windbreak, garage or porch for which 

the attachment of such is designed by 

the home manufacturer to be 

structurally supported by the 

manufactured home. 

* * * * * 

■ 3. Revise § 3280.3 to read as follows: 

§ 3280.3 Manufactured home procedural 

and enforcement regulations, and 

consumer manual requirements. 

(a) A manufacturer must comply with 

the requirements of this part, part 3282 

of this chapter, and 42 U.S.C. 5416. 

(b) Consumer manuals must be in 

accordance with § 3282.207 of this 

chapter. 

■ 4. Amend § 3280.4 as follows: 

■ a. Revise paragraph (a); 

■ b. Add paragraph (m)(2); 

■ c. In the introductory text to 

paragraph (p), remove the words 

‘‘American Society for Testing and 

Materials’’ and add, in their place, 

‘‘ASTM, International’’; 

■ d. Redesignate paragraphs (p)(27) 

through (34) as paragraphs (p)(28) 

through (35), respectively, and add new 

paragraph (p)(27); 

■ e. Redesignate paragraphs (aa)(4)(xvi) 

through (xix) as paragraphs (aa)(4)(xvii) 

through (xx), respectively, and add new 

paragraph (aa)(4)(xvi); and 

■ f. Add paragraph (aa)(9); 

■ g. In paragraph (hh)(9), remove 

‘‘§ 3280.208(a)’’ and add, in its place, 

‘‘§§ 3280.208(a) and 3280.211(a)’’; and 

■ h. Add paragraph (hh)(23). 

The revision and additions read as 

follows: 

§ 3280.4 Incorporation by reference. 

(a) The specifications, standards, and 

codes of the following organizations are 

incorporated by reference in 24 CFR 

part 3280 (this Standard) pursuant to 5 

U.S.C. 552(a) and 1 CFR part 51 as 

though set forth in full. The 

incorporation by reference of these 

standards has been approved by the 

Director of the Federal Register. If a later 

edition is to be enforced, the 

Department will publish a notification 

of change in the Federal Register. These 

incorporated standards are available for 

purchase from the organization that 

developed the standard at the 

corresponding addresses noted below. 

Incorporated standards are available for 

inspection at the Office of Manufactured 

Housing Program, Manufactured 

Housing and Construction Standards 

Division, U.S. Department of Housing 

and Urban Development, 451 Seventh 

Street SW, Room B–133, Washington, 

DC 20410, email mhs@hud.gov. Copies 

of incorporated standards that are not 

available from their producer 

organizations may be obtained from the 

Office of Manufactured Housing 

Programs. These standards are also 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

email fedreg.legal@nara.gov or go to 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

* * * * * 

(m) * * * 

(2) ANSI/ASHRAE 62.2–2010, 

Ventilation and Acceptable Indoor Air 

Quality in Low-Rise Residential 

Buildings, copyright 2010 IBR approved 

for § 3280.103(d). 

* * * * * 

(p) * * * 

(27) ASTM E 119–05, Standard Test 

Methods for Fire Tests of Building 

Construction and Materials, approved 

September 15, 2005, IBR approved for 

§ 3280.1003(a). 

* * * * * 

(aa) * * * 

(4) * * * 

(xvi) Article 550.17, IBR approved for 

§ 3280.810(b). 

* * * * * 

(9) NFPA 720, Standard for 

Installation of Carbon Monoxide (CO) 

Detection and Warning Equipment, 

2015 Edition, Copyright 2014, IBR 

approved for § 3280.211(b). 

* * * * * 

(hh) * * * 

(23) ANSI/UL 2034–2016, Standard 

for Single and Multiple Station Carbon 

Monoxide Alarms, Third Edition, dated 

February 28, 2008 (including revisions 

through May 11, 2016), IBR approved 

for § 3280.211(a). 

* * * * * 

■ 5. In § 3280.5, redesignate paragraphs 

(d) through (i) as paragraphs (e) through 


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(j), respectively, and add new paragraph 

(d) to read as follows: 

§ 3280.5 Data plate. 

* * * * * 

(d) The applicable statement: 

This manufactured home IS designed 

to accommodate the additional loads 

imposed by the attachment of an 

attached accessory building or structure 

in accordance with the manufacturer 

installation instructions. The additional 

loads are in accordance with the design 

load(s) identified on this Data Plate; or 

This manufactured home IS NOT 

designed to accommodate the additional 

loads imposed by the attachment of an 

attached accessory building or structure 

in accordance with the manufacturer 

installation instructions. 

* * * * * 

■ 6. In § 3280.11, revise paragraph (d) to 

read as follows: 

§ 3280.11 Certification label. 

* * * * * 

(d) The label must be located at the 

taillight end of each transportable 

section of the manufactured home 

approximately 1 foot up from the floor 

and 1 foot in from the road side, or as 

near that location on a permanent part 

of the exterior of the manufactured 

home section as practicable. The road 

side is the right side of the 

manufactured home when one views the 

manufactured home from the tow bar 

end of the manufactured home. If 

locating the label on the taillight end of 

a transportable section will prevent the 

label from being visible after the 

manufactured home section is installed 

at the installation site, the label must be 

installed on a permanent part of the 

exterior of the manufactured home 

section, in a visible location as specified 

in the approved design. 

■ 7. In § 3280.103, revise paragraph (b) 

introductory text and add paragraph (d) 

to read as follows: 

§ 3280.103 Light and ventilation. 

* * * * * 

(b) Whole-house ventilation. Each 

manufactured home must be provided 

with whole-house ventilation having a 

minimum capacity of 0.035 ft3/min/ft2

of interior floor space or its hourly 

average equivalent. This ventilation 

capacity must be in addition to any 

openable window area. In no case shall 

the installed ventilation capacity of the 

system be less than 50 cfm. The 

following criteria must be adhered to: 

* * * * * 

(d) Optional ventilation provisions. As 

an option to complying with the 

provisions of paragraphs (b) and (c) of 

this section, ventilation systems 

complying with ANSI/ASHRAE 

Standard 62.2 (incorporated by 

reference, see § 3280.4) may be used. 

■ 8. In § 3280.108, add paragraph (c) to 

read as follows: 

§ 3280.108 Interior passage. 

* * * * * 

(c) All interior swinging doors must 

have a minimum clear opening of 27 

inches except doors to toilet 

compartments in single-section homes 

(see § 3280.111(b)), and doors to closets 

and pantries. 

■ 9. Revise § 3280.111 to read as 

follows: 

§ 3280.111 Toilet compartments. 

(a) Each toilet compartment must be 

a minimum of 30 inches wide, except, 

when the toilet is located adjacent to the 

short dimension of the tub, the distance 

from the tub, to the center line of the 

toilet must not be less than 12 inches. 

At least 21 inches of clear space must 

be provided in front of each toilet. 

(b) All bathroom passage doors in 

single-section homes must have a 

minimum clear opening width of 23 

inches, and bathroom passage doors in 

multi-section homes must have a 

minimum clear opening width of 27 

inches. 

■ 10. In § 3280.113, redesignate 

paragraphs (b), (c), and (d) as paragraphs 

(c), (d), and (e), respectively, and add 

paragraph (b) to read as follows: 

§ 3280.113 Glass and glazed openings. 

* * * * * 

(b) Required glazed openings shall be 

permitted to face into a roofed porch 

where the porch abuts a street, yard, or 

court and the longer side of the porch 

is at least 65 percent open and 

unobstructed and the ceiling height is 

not less than 7 feet. 

* * * * * 

■ 11. Add § 3280.114 to read as follows: 

§ 3280.114 Stairways. 

(a) Stairways—(1) General. These 

minimum standards apply to stairways 

that are designed and constructed as 

part of the factory-completed 

transportable section(s) of a 

manufactured home, such as interior 

stairways for multi-level or multi-story 

homes or external stairways for multilevel construction features that are 

designed and constructed in the factory 

on a transportable section and integral 

to the access and egress needs within 

the transportable section(s) of a home. 

These standards do not apply to exterior 

stairways that are built at the home site 

or stairways to basement areas that are 

not designed and built as part of a 

transportable section of a manufactured 

home. 

(2) Width. Stairways must not be less 

than 36 inches in clear width at all 

points above permitted handrail height 

and below the required headroom 

height. Handrails must not project more 

than 41⁄2 inches on either side of the 

stairway and the minimum clear width 

of the stairway at and below the 

handrail height, including treads and 

landings, must not be less than 311⁄2

inches where a handrail is installed on 

one side and 27 inches where handrails 

are provided on both sides. 

(3) Stair treads and risers—(i) Riser 

height and tread depth. The maximum 

riser height must not exceed 81⁄4 inches 

and the minimum tread depth must not 

be less than 9 inches. The riser height 

must be measured vertically between 

leading edges of the adjacent treads. The 

tread depth must be measured 

horizontally between the vertical planes 

of the foremost projection of adjacent 

treads and at a right angle to the tread’s 

leading edge. The walking surface of 

treads and landings of a stairway must 

be sloped no steeper than one unit 

vertical in 48 units horizontal (a 2- 

percent slope). The greatest riser height 

within any flight of stairs must not 

exceed the smallest by more than 3⁄8

inch. The greatest tread depth within 

any flight of stairs must not exceed the 

smallest by more than 3⁄8 inch. 

(ii) Profile. The radius of curvature at 

the leading edge of the tread must not 

be greater than 9⁄16 inch. A nosing not 

less than 3⁄4 inch but not more than 11⁄4

inches shall be provided on stairways 

with solid risers. The greatest nosing 

projection must not exceed the smallest 

nosing projection by more than 3⁄4 inch 

between two stories, including the 

nosing at the level of floors and 

landings. Beveling of nosing must not 

exceed 1⁄2 inch. Risers must be vertical 

or sloped from the underside of the 

leading edge of the tread above at an 

angle not more than 30 degrees from the 

vertical. Open risers are permitted, 

provided that the opening between 

treads does not permit the passage of a 

4-inch diameter sphere. A nosing is not 

required where the tread depth is a 

minimum of 11 inches. The opening 

between adjacent treads is not limited 

on stairs with a total rise of 30 inches 

or less. 

(4) Headroom. The minimum 

headroom in all parts of the stairway 

must not be less than 6 feet 8 inches, 

measured vertically from the sloped 

plane adjoining the tread nosing or from 

the floor surface of the landing or 

platform. 


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(5) Winders (winding stairways). 

Winders are permitted, provided that 

the width of the tread at a point not 

more than 12 inches from the side 

where the treads are narrower is not less 

than 10 inches and the minimum width 

of any tread is not less than 6 inches. 

Within any flight of stairs, the greatest 

winder tread depth at the 12-inch walk 

line must not exceed the smallest by 

more than 3⁄8 inch. The continuous 

handrail required by paragraph (c)(3) of 

this section must be located on the side 

where the tread is narrower. 

(6) Spiral stairways. Spiral stairways 

are permitted provided the minimum 

width is a minimum 26 inches with 

each tread having 71⁄2 inch minimum 

tread width at 12 inches from the 

narrow edge. All treads must be 

identical, and the rise must be no more 

than 91⁄2 inches. Minimum headroom of 

6 feet, 6 inches must be provided. 

(7) Circular stairways. Circular 

stairways must have a tread depth at a 

point not more than 12 inches from the 

side where the treads are narrower of 

not less than 11 inches and the 

minimum depth of any tread must not 

be less than 6 inches. Tread depth at 

any walking line, measured a consistent 

distance from a side of the stairway, 

must be uniform as specified in 

paragraph (a)(2)(i) of this section. 

(b) Landings. Every landing must have 

a minimum dimension of 36 inches 

measured in the direction of travel. 

Landings must be located as follows: 

(1) There must be a floor or landing 

at the top and bottom of each stairway, 

except at the top of an interior flight of 

basement stairs, provided a door does 

not swing over the stairs. 

(2) A landing or floor must be located 

on each side of an interior doorway and 

exterior doorway, to the extent the 

external stairway is designed by the 

home manufacturer and constructed in 

the factory, and the width of each 

landing must not be less than the door 

it serves. The maximum threshold 

height above the floor or landing must 

be 11⁄2-inches. 

(c) Handrails—(1) General. A 

minimum of one handrail meeting the 

requirements of this section must be 

installed on all stairways consisting of 

four or more risers. Handrails must be 

securely attached to structural framing 

members. A minimum space of 11⁄2

inches must be provided between the 

adjoining wall surface and the handrail. 

(2) Handrail height. Handrails must 

be installed between 34 inches and 38 

inches measured vertically from the 

leading edge of the stairway treads 

except that handrails installed up to 42 

inches high must be permitted if serving 

as the upper rails of guards required by 

paragraph (d) of this section. 

(3) Continuity. Required handrails 

must be continuous from a point 

directly above the leading edge of the 

lowest stair tread to a point directly 

above the leading edge of the landing or 

floor surface at the top of the stairway. 

If the handrail is extended at the top of 

the stairway flight, the extension must 

parallel the floor or landing surface and 

must be at the same height as the 

handrail above the leading edges of the 

treads. If the handrail is extended at the 

base of the stair, it must continue to 

slope parallel to the stair flight for a 

distance of one tread depth, measured 

horizontally, before being terminated or 

returned or extended horizontally. The 

ends of handrails must return into a 

wall or terminate in a safety terminal or 

newel post. 

(4) Graspability. Required handrails 

must, if circular in cross section, have 

a minimum 11⁄4-inch and a maximum 2- 

inch diameter dimension. Handrails 

with a noncircular cross section must 

have a perimeter dimension of at least 

4 inches and not more than 61⁄4 inches 

(with a maximum cross-section 

dimension of not more than 21⁄4 inches). 

The handgrip portion of the handrail 

must have a smooth surface. Edges must 

have a minimum 1⁄8-inch radius. 

Handrails must be continuously 

graspable along their entire length 

except that brackets or balusters are not 

considered obstructions to graspability 

if they do not project horizontally 

beyond the sides of the handrail within 

11⁄2 inches of the bottom of the handrail. 

(5) Required resistance of handrails. 

Handrails must be designed to resist a 

load of 20 lb./ft applied in any direction 

at the top and to transfer this load 

through the supports to the structure. 

All handrails must be able to resist a 

single concentrated load of 200 lbs., 

applied in any direction at any point 

along the top, and have attachment 

devices and supporting structures to 

transfer this loading to appropriate 

structural elements of the building. This 

load is not required to be assumed to act 

concurrently with the loads specified in 

this section. 

(d) Guards. (1) Porches, balconies, or 

raised floor surfaces located more than 

30 inches above the floor or grade below 

must have guards not less than 36 

inches in height. Open sides of stairs 

with a total rise of more than 30 inches 

above the floor or grade below must 

have guards not less than 34 inches in 

height measured vertically from the 

nosing of the treads. Balconies and 

porches on the second floor or higher 

must have guards a minimum of 42 

inches in height. 

(2) Required guards on open sides of 

stairways, raised floor areas, balconies, 

and porches must have intermediate 

rails or ornamental closures that do not 

allow passage of a sphere 4 inches in 

diameter. 

(i) The triangular openings formed by 

the riser, tread and bottom rail of a 

guard at the open side of the stairway 

must be of such a size that a sphere of 

6 inches cannot pass through. 

(ii) Guard systems must be designed 

to resist a load of 20 lb./ft applied in any 

direction at the top and to transfer this 

load through the supports to the 

structure. All guard systems must be 

able to resist a single concentrated load 

of 200 lb., applied in any direction at 

any point along the top and have 

attachment devices and supporting 

structures to transfer this loading to 

appropriate structural elements of the 

building. This load is not required to be 

assumed to act concurrently with the 

loads specified in this section. 

(e) Stairway illumination. All interior 

and exterior stairways must be provided 

with a means to illuminate the 

stairways, including the landings and 

treads. 

(1) Interior stairways must be 

provided with an artificial light source 

located in the immediate vicinity of 

each landing of the stairway. For 

interior stairs, the artificial light sources 

must be capable of illuminating treads 

and landings to levels not less than one 

(1) foot-candle measured at the center of 

treads and landings. The control and 

activation of the required interior 

stairway lighting must be accessible at 

the top and bottom of each stairway 

without traversing any steps. 

(2) Exterior stairways designed by the 

home manufacturer and constructed in 

the factory must be provided with an 

artificial light source located in the 

immediate vicinity of the top landing of 

the stairway. An artificial light source is 

not required at the top and bottom 

landing, provided an artificial light 

source is located directly over each 

stairway section. The illumination of 

exterior stairways must be controlled 

from inside the home. 

■ 12. Amend § 3280.209 by 

■ a. Revising paragraph (a); 

■ b. Redesignating paragraphs (b) 

through (f) as paragraphs (c) through (g); 

and 

■ c. Adding a new paragraph (b). 

The addition and revision read as 

follows: 

§ 3280.209 Smoke Alarm Requirements. 

(a) Labeling. Each smoke alarm 

required under paragraph (b) of this 

section must conform with the 

requirements of UL 217 (incorporated 


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by reference, see § 3280.4), or ANSI/UL 

268 (incorporated by reference, see 

§ 3280.4), and must bear a label to 

evidence conformance. Combination 

smoke and carbon monoxide alarms 

shall be listed and must bear a label to 

evidence conformance with UL 217 and 

ANSI/UL 2034. 

(b) Combination alarms. Combination 

smoke and carbon monoxide alarms 

shall be permitted to be used in lieu of 

smoke alarms. If installed, such alarms 

must meet location requirements for 

both smoke alarms and carbon 

monoxide alarms. 

* * * * * 

■ 13. Add § 3280.211 to read as follows: 

§ 3280.211 Carbon monoxide alarm 

requirements. 

(a) Labeling. Carbon monoxide alarms 

shall be listed and must bear a label to 

evidence conformance with ANSI/UL 

2034 (incorporated by reference, see 

§ 3280.4). Combination carbon 

monoxide and smoke alarms shall be 

listed and must bear a label to evidence 

conformance with ANSI/UL 2034 and 

UL 217 (incorporated by reference, see 

§ 3280.4). 

(b) Required carbon monoxide alarm 

locations. Carbon monoxide alarms 

must be installed in each home 

containing either a fuel burning 

appliance or designed by the home 

manufacturer to include an attached 

garage. Carbon monoxide alarms must 

be installed outside of each separate 

sleeping area in the immediate vicinity 

of the bedrooms and in accordance with 

the alarm manufacturer’s installation 

instructions. Where a fuel-burning 

appliance is located within a bedroom 

or its attached bathroom, a carbon 

monoxide alarm must be installed 

within the bedroom and in accordance 

with the manufacturer’s installation 

instructions. Carbon monoxide alarms 

must be installed in conformance with 

NFPA 720 (incorporated by reference, 

see § 3280.4). 

(c) Interconnectivity. Where more 

than one carbon monoxide alarm is 

required to be installed, the alarm 

devices shall be interconnected in such 

a manner that the actuation of one alarm 

will activate all the alarms installed. 

(d) Connection to power source. Each 

carbon monoxide alarm must be 

powered from the electrical system of 

the home as the primary power source 

and a battery as a secondary power 

source. 

(e) Combination alarms. Combination 

carbon monoxide and smoke alarms 

shall be permitted to be used in lieu of 

carbon monoxide alarms. When 

combination carbon monoxide and 

smoke alarms are used, they shall be 

installed to also comply with 

§ 3280.209. 

(f) Basement applications. For each 

home designed to be placed over a 

basement, the manufacturer must 

provide a carbon monoxide alarm for 

the basement and must install the 

electrical junction box for the 

installation of this carbon monoxide 

alarm for its interconnection with other 

alarms required by this section. 

(g) Testing. Each required carbon 

monoxide alarm installed at the factory 

must be operationally tested, after 

conducting the dielectric test specified 

in § 3280.810(a), in accordance with the 

alarm manufacturer’s instructions. A 

carbon monoxide alarm that does not 

function as designed during the test and 

is not satisfactorily repaired so that it 

functions properly in the next retest 

must be replaced. Any replacement 

carbon monoxide alarm must be 

successfully tested in accordance with 

this section. 

■ 14. Add § 3280.212 to read as follows: 

§ 3280.212 Factory constructed or sitebuilt attached garages. 

(a) When a manufactured home is 

designed for factory construction with 

an attached garage or is designed for 

construction of an attached site-built 

garage that is not self-supported, the 

manufacturer must design the 

manufactured home to accommodate all 

appropriate live and dead loads from 

the attached garage structure that will be 

transferred through the manufactured 

home structure to the home’s support 

and anchoring systems. 

(b) The design must specify the 

following home and garage 

characteristics including maximum 

width, maximum sidewall height, 

maximum roof slope, live and dead 

loads, and other design limitations or 

restrictions using loads provided by this 

Code. 

(c) When a manufactured home is 

factory constructed with an attached 

garage or is constructed for the 

attachment of a site-built garage, 

provisions must be made to provide fire 

separation between the garage and the 

manufactured home. 

(1) The garage must be separated from 

the manufactured home and its attic by 

not less than 1⁄2-inch gypsum board or 

equivalent applied to the garage side of 

the manufactured home, separation 

shall be from the underside of the floor 

to the underside of the roof deck and 

may be provided on-site as part of an On 

Site Completion of Construction 

approval. Garages beneath habitable 

rooms must be separated from all 

habitable rooms by 5⁄8-inch, Type X 

gypsum board or equivalent. Where the 

separation is a floor ceiling assembly, 

the structure supporting the separation 

must also be protected by not less than 

1⁄2-inch gypsum board or equivalent. 

The design approval and the 

manufacturer’s installation instructions 

must also include provision for 

equivalent vertical or horizontal 

separation between the garage and the 

manufactured home as appropriate. 

(2) [Reserved] 

(d) Openings from a garage directly 

into a room designated for sleeping 

purposes are not permitted. 

(e) Other openings between the garage 

and the manufactured home must: 

(1) Be equipped with solid wood 

doors not less than 13⁄8 inch in 

thickness, or solid or honeycomb steel 

doors not less than 13⁄8 inch in 

thickness, or 20-minute fire-rated doors, 

and all doors shall be of the self-closing 

type; and 

(2) Be in addition to the two exterior 

doors required by § 3280.105. 

(f) Ducts penetrating the walls or 

ceilings separating the manufactured 

home from the garage must be 

constructed of a minimum No. 26 gauge 

steel or other approved material and 

must have no openings into the garage. 

(g) Installation instructions shall be 

provided by the home manufacturer 

that, in addition to addressing the fire 

separation as required in this section, 

shall identify acceptable attachment 

locations, indicate design limitations for 

the attachment of the garage including 

acceptable live and dead loads for 

which the home has been designed to 

accommodate, and provide support and 

anchorage designs as necessary to 

transfer all imposed loads to the ground 

in accordance with §§ 3285.301 and 

3285.401 of this chapter. 

(h) A site-built, self-supported garage 

is considered an add-on, per 

3282.8(j)(1), that does not affect the 

ability of the manufactured home to 

comply with the Construction and 

Safety Standards. The design and 

construction of the garage is subject to 

state and or local authorities having 

jurisdiction. 

■ 15. Add § 3280.213 to read as follows: 

§ 3280.213 Factory constructed or sitebuilt attached carports. 

(a) When a manufactured home is 

designed for factory construction with 

an attached carport or is designed for 

construction of an attached site-built 

carport, the manufacturer must design 

the manufactured home to 

accommodate all appropriate live and 

dead loads from the attached carport 

structure that will be transferred 

through the manufactured home 


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structure to the home’s support and 

anchoring systems. 

(b) The design, including the home’s 

installation instructions, must specify 

the following home and carport 

characteristics including maximum 

width, maximum sidewall height, live 

and dead loads, and other design 

limitations or restrictions. 

(1) Alternatively, the manufacturer 

may provide, by design and home 

installation instructions, the maximum 

live and dead loads, and the applied 

loading locations, that the home is 

designed to resist from the carport, and 

other design limitations or restrictions. 

(2) [Reserved]. 

(c) Homes may be designed with a 

factory-installed host beam (i.e., ledger 

board) or specific roof truss rail for the 

attachment of the carport to the exterior 

wall of the home. The host beam (i.e., 

ledger board) must be designed to 

transmit the appropriate live and dead 

loads at the interface between the 

carport and the manufactured home. In 

cases where the carport is designed to 

be supported by the roof truss overhang, 

the roof trusses must be designed to 

support the additional live and dead 

loads from the carport. 

(1) Any portion of the host beam (i.e., 

ledger board) and all fasteners exposed 

to the weather shall be protected in 

accordance with § 3280.307. 

(2) [Reserved]. 

(d) To ensure that the attachment of 

the carport does not interfere with roof 

or attic ventilation, the manufacturer 

must provide specific instructions to 

ensure continued compliance with the 

manufactured home roof or attic 

ventilation requirements in accordance 

with § 3280.504(d). 

(e) Installation instructions shall be 

provided by the home manufacturer that 

identify acceptable attachment 

locations, indicate design limitations for 

the attachment of the carport including 

acceptable live and dead loads for 

which the home has been designed to 

accommodate, and provide support and 

anchorage designs as necessary to 

transfer all imposed loads to the ground 

in accordance with §§ 3285.301 and 

3285.401 of this chapter. 

(1) The manufacturer must ensure that 

any anchoring system designs 

incorporating anchorage to resist 

combined shear wall and carport uplift 

loads are evaluated for adequacy to 

resist the combined loads, taking into 

consideration the limitations of the 

ground anchor test and certification. 

(2) [Reserved]. 

(f) A site-built, self-supported carport 

is considered an add-on, as provided by 

§ 3282.8(j)(1), that does not affect the 

ability of the manufactured home to 

comply with the standards. The design 

and construction of the carport is 

subject to state and or local authorities 

having jurisdiction. 

■ 16. In § 3280.305, revise paragraphs 

(a), (e)(1), (g)(6), and (h)(5) to read as 

follows: 

§ 3280.305 Structural design requirements. 

(a) General. Each manufactured home 

must be designed and constructed as a 

completely integrated structure capable 

of sustaining the design load 

requirements of this part and must be 

capable of transmitting these loads to 

stabilizing devices without exceeding 

the allowable stresses or deflections. 

Roof framing must 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, so as to resist wind 

overturning, uplift, and sliding as 

imposed by design loads in this part. In 

multistory construction, each story must 

be securely fastened to the story above 

and/or below to provide continuity and 

resist design loads in this part. 

Uncompressed finished flooring greater 

than 1⁄8 inch in thickness must not 

extend beneath load-bearing walls that 

are fastened to the floor structure. 

* * * * * 

(e) * * * 

(1) Roof framing must 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 must be capable 

of transferring all forces between 

elements being joined. In multistory 

construction, each story must be 

securely fastened to the story above 

and/or below to provide continuity and 

resist design loads in this section. 

* * * * * 

(g) * * * 

(6) Bottom board material (with or 

without patches) must meet or exceed 

the level of 48 inch-pounds of puncture 

resistance as tested by the Beach 

Puncture Test in accordance with 

Standard Test Methods for Puncture and 

Stiffness of Paperboard, and Corrugated 

and Solid Fiberboard, ASTM D781– 

1968 (Reapproved 1973) (incorporated 

by reference, see § 3280.4). The material 

must be suitable for patches and the 

patch life must be equivalent to the 

material life. Patch installation 

instruction must be included in the 

manufactured home manufacturer’s 

instructions. The bottom board material 

must be tight fitted against all 

penetrations. 

(h) * * * 

(5) Portions of roof assemblies, 

including, but not limited to, dormers, 

gables, crickets, hinged roof sections, 

sheathing, roof coverings, 

underlayments, flashings, and eaves and 

overhangs are permitted to be assembled 

and installed on site in accordance with 

24 CFR part 3282, subpart M, provided 

that the requirements in paragraphs 

(h)(5)(i) through (v) of this section are 

met. 

(i) Approved installation instructions 

must be provided that include 

requirements for the following items: 

(A) Materials, installation, and 

structural connections complying with 

this section; 

(B) Installation and fastening of 

sheathing and roof coverings; 

(C) Installation of appliance vent 

systems in accordance with § 3280.710; 

(D) Installation of plumbing vents as 

required by § 3280.611; and 

(E) Installation of attic ventilation in 

accordance with § 3280.504(c). 

(ii) The installation instructions 

specified in paragraph (h)(5)(i) of this 

section must include drawings, details, 

and instructions as necessary to assure 

that the on-site work complies with the 

approved design. 

(iii) The installation instructions 

specified in paragraph (h)(5)(i) of this 

section must provide for inspection of 

the work at the installation site. As 

necessary to ensure conformance, 

inspection panels may be required, or 

inspections may need to occur in stages 

that assure inspections are performed 

before any work is concealed. Such 

inspection procedures shall be 

addressed in the approved installation 

instructions. 

(iv) Temporary weather protection 

must be provided per § 3280.307(e). 

* * * * * 

■ 17. Amend § 3280.307 by adding 

paragraph (e) to read as follows: 

§ 3280.307 Resistance to elements and 

use. 

* * * * * 

(e) Multi-section and attached 

manufactured homes (see subpart K of 

this part) are not required to comply 

with the factory installation of weatherresistant exterior finishes for those areas 

left open for field connection of the 

sections provided the following 

conditions are satisfied: 

(1) Temporary weather protection for 

exposed, unprotected construction is 

provided in accordance with methods to 

be included in the approved design. 


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(2) Methods for on-site completion 

and finishing of these elements are 

included in the approved design. 

(3) Complete installation instructions 

and the required materials for finishing 

these elements are provided. 

■ 18. In § 3280.504, add paragraph (a)(3) 

and revise paragraph (b) introductory 

text to read as follows: 

§ 3280.504 Condensation control and 

installation of vapor retarders. 

(a) * * * 

(3) In multi-story manufactured 

homes, the ceiling vapor retarder is 

permitted to be omitted when the story 

directly above is part of the same 

manufactured home. 

(b) Exterior walls. Exterior walls must 

be provided with a system or method to 

manage moisture and vapor 

accumulation with one of the elements 

in paragraphs (b)(1) through (4) of this 

section. For purposes of the requirement 

in this paragraph (b), the fire separation 

wall between each attached 

manufactured home must be considered 

to be an exterior wall. See subpart K of 

this part 

* * * * * 

■ 19. Amend § 3280.506 as follows: 

■ a. Redesignate paragraphs (a), (b), and 

(c) as paragraphs (b), (c), and (d), 

respectively; 

■ b. Designate the introductory text as 

paragraph (a); 

■ c. In newly designated paragraph (a): 

■ i. Remove ‘‘of this subpart;’’ 

■ ii. Remove ‘‘figure 506’’ and add 

‘‘figure 1 to this paragraph (a)’’ in its 

place; and 

■ iii. Add a heading for the figure. 

■ d. In newly redesignated paragraph 

(b): 

■ i. Remove the heading; 

■ ii. Add a comma between 

‘‘ventilation’’ and ‘‘and;’’ 

■ iii. Remove ‘‘below’’ and add ‘‘in the 

table to this paragraph (b)’’ in its place; 

and 

■ iv. Add a heading for the table; and 

■ e. Revise newly redesignated 

paragraph (c). 

The revisions and additions to read as 

follows: 

§ 3280.506 Heat loss/heat gain. 

(a) * * * 

Figure 1 to Paragraph (a) 

(b) * * * 

Table 1 to Paragraph (b) 

* * * * * 

(c) To assure uniform heat 

transmission in manufactured homes, 

cavities in exterior walls, floors, and 

ceilings must be provided with thermal 

insulation. For insulation purposes, the 

fire separation wall between each single 

family attached manufactured home 

shall be considered an exterior wall (see 

subpart K of this part). 

* * * * * 

■ 20. In § 3280.602, add alphabetically 

the definition for ‘‘Indirect waste 

receptor’’ to read as follows: 

§ 3280.602 Definitions. 

* * * * * 

Indirect waste receptor means a 

receptor that receives a discharge waste 

pipe that is not directly connected to a 

receptor but maintains a suitable air gap 

between the end of the pipe and the top 

of the drain. 

* * * * * 

■ 21. In § 3280.608, revise paragraph (b) 

to read as follows: 

§ 3280.608 Hangers and supports. 

* * * * * 

(b) Piping supports. Piping must be 

secured at sufficiently close intervals to 

keep the pipe in alignment and carry the 

weight of the pipe and contents. Unless 

otherwise stated in the standards 

incorporated by reference for specific 

materials at § 3280.604(a), or unless 

specified by the pipe manufacturer, 

horizontal plastic drainage piping must 

be supported at intervals not to exceed 

4 feet and horizontal plastic water 

piping must be supported at intervals 

not to exceed 3 feet. Vertical drainage 

and water piping must be supported at 

each story height. 

* * * * * 

■ 22. In § 3280.609, revise paragraph 

(c)(1)(iii) and add paragraph (c)(1)(iv) to 

read as follows: 

§ 3280.609 Water distribution systems. 

* * * * * 

(c) * * * 

(1) * * * 

(iii) Relief valves must be provided 

with full-sized drains, with cross 

sectional areas equivalent to that of the 

relief valve outlet. The outlet of a 

pressure relief valve, temperature relief 

valve, or combination thereof, must not 

be directly connected to the drainage 

system. The discharge from the relief 

valve must be piped full size separately 

to the exterior of the manufactured 

home, not underneath the home, or to 

an indirect waste receptor located inside 

the manufactured home. Exterior relief 

drains shall be directed down and shall 

terminate between 6′′ and 24′′ above 

finished grade. Drain lines must be of a 

material listed for hot water distribution 

and must drain fully by gravity, must 

not be trapped, and must not have their 

outlets threaded, and the end of the 

drain must be visible for inspection. 

(iv) Relief valve piping designed to be 

located underneath the manufactured 

home is not required to be installed at 

the factory provided the manufacturer 

designs the system for site assembly and 

also provides all materials and 

components including piping, fittings, 

cement, supports, and instructions for 

proper site installation. 

* * * * * 

■ 23. In § 3280.610, add headings to 

paragraphs (c)(1) and (4) and revise 

paragraph (c)(5) to read as follows: 

§ 3280.610 Drainage systems. 

* * * * * 

(c) * * * (1) General. * * * 

* * * * * 

(4) Size Requirement. * * * 

(5) Preassembly of drain lines. 

Section(s) of the drain system, designed 

to be located underneath the 

manufactured home or between stories 

of the manufactured home, are not 

required to be factory installed when the 

manufacturer designs the system for site 

assembly and also provides all materials 

and components, including piping, 

fittings, cement, supports, and 

instructions necessary for proper site 

installation. 

* * * * * 

■ 24. Amend § 3280.611 as follows: 

■ a. Remove the comma at the end of 

paragraph (c)(1)(i) and add a semicolon 

in its place; and 

■ b. Revise paragraph (c)(1)(ii). 

The revisions to read as follows: 

§ 3280.611 Vents and venting. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) A 11⁄2-inch diameter (min.) 

continuous vent or equivalent, 

indirectly connected to the toilet drain 

piping within the distance allowed in 

paragraph (c)(5) of this section for 3 

inch trap arms through a 2-inch wet 

vented drain that carries the waste of 

not more than one fixture. Sections of 

the wet vented drain that are 3 inches 

in diameter are permitted to carry the 

waste of an unlimited number of 

fixtures; or 

* * * * * 

■ 25. In § 3280.612, amend paragraph 

(a) to read as follows: 

§ 3280.612 Tests and inspection. 

(a) Water system. All water piping in 

the water distribution system must be 

subjected to a pressure test. The test 

must be made by subjecting the system 

to air or water at 80 psi + or ¥ 5 psi 

for 15 minutes without loss of pressure. 


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The water used for the test must be 

obtained from a potable water source. 

* * * * * 

■ 26. Amend § 3280.705 by: 

■ a. Revising paragraph (c)(1); 

■ b. In paragraph (j), removing ‘‘shall’’ 

and add in its place ‘‘must’’ wherever it 

appears; 

■ c. Revising paragraphs (k), (l)(7), and 

(l)(8)(i); and 

■ d. Adding paragraph (l)(8)(iii). 

The revisions and addition to read as 

follows: 

§ 3280.705 Gas piping systems. 

* * * * * 

(c) * * * 

(1) All points of crossover beneath the 

transportable sections must be readily 

accessible from the exterior of the home. 

In multi-story manufactured homes, the 

interconnections between stories must 

be accessible through a panel on the 

exterior or interior of the manufactured 

home. 

* * * * * 

(k) Identification of gas supply 

connections. Each manufactured home 

must have permanently affixed to the 

exterior skin at or near each gas supply 

connection or the end of the pipe, a tag 

of 3 inches by 13⁄4 inches minimum size, 

made of etched, metal-stamped or 

embossed brass, stainless steel, 

anodized or alcalde aluminum not less 

than 0.020 inch thick, or other approved 

material [e.g., 0.005 inch plastic 

laminates], with the information shown 

in Figure 1 to this paragraph (k). The 

connector capacity indicated on this tag 

must be equal to or greater than the total 

Btu/hr rating of all intended gas 

appliances. 

(l) * * * 

(7) Hangers and supports. All 

horizontal gas piping must be 

adequately supported by galvanized or 

equivalently protected metal straps or 

hangers at intervals of not more than 4 

feet, except where adequate support and 

protection is provided by structural 

members. Vertical gas piping in multistory dwelling units must be supported 

at intervals of not more than 6 feet. 

Solid iron-pipe connection(s) must be 

rigidly anchored to a structural member 

within 6 inches of the supply 

connection(s). 

(8) * * * (i) Before appliances are 

connected, piping systems must stand a 

pressure of three ± 0.2 psi gauge for a 

period of not less than ten minutes 

without showing any drop in pressure. 

Pressure must be measured with a 

mercury manometer or slope gauge 

calibrated so as to be read in increments 

of not greater than one-tenth pound, or 

an equivalent device. The source of 

normal operating pressure must be 

isolated before the pressure tests are 

made. Before a test is begun, the 

temperature of the ambient air and of 

the piping must be approximately the 

same, and constant air temperature must 

be maintained throughout the test. 

* * * * * 

(iii) Where gas piping between 

transportable sections must be made on 

site, the installation instructions must 

contain provisions for onsite testing for 

leakage consistent with the provisions 

in paragraph (l)(8)(i) of this section. 

■ 27. In § 3280.708, revise paragraph 

(a)(1) introductory text to read as 

follows: 

§ 3280.708 Exhaust duct system and 

provisions for the future installation of a 

clothes dryer. 

(a) * * * (1) All gas and electric 

clothes dryers must be exhausted to the 

outside by a moisture/lint exhaust duct 

and termination fitting. When the 

manufacturer supplies the clothes dryer, 

the exhaust duct and termination 

fittings must be completely installed by 

the manufacturer. If the exhaust duct 

system is subject to damage during 

transportation, or a field connection 

between transportable sections is 

required, complete factory installation 


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of the exhaust duct system is not 

required when the following apply: 

* * * * * 

■ 28. In § 3280.709, revise paragraph (a) 

to read as follows: 

§ 3280.709 Installation of appliances. 

(a) The installation of each appliance 

must conform to the terms of its listing 

and the manufacturer’s instructions. 

The manufactured home manufacturer 

must leave the appliance manufacturer’s 

instructions attached to the appliance. 

Every appliance must be secured in 

place to avoid displacement. For the 

purpose of servicing and replacement, 

each appliance must be both accessible 

and removable. 

(1) A direct vent space heating 

appliance is permitted to be shipped 

loose for on-site installation in a 

basement provided the following: 

(i) The heating appliance is listed for 

the installation. 

(ii) Approved installation instructions 

are provided that include requirements 

for completion of all gas and electrical 

connections and provide for the 

manufacturer’s inspection and/or testing 

of all connections. 

(iii) Approved instructions are 

provided to assure connection of the 

vent and combustion air systems in 

accordance with § 3280.710(b), and to 

provide for the manufacturer’s 

inspection of the systems for 

compliance. 

(iv) Approved installation and the 

manufacturer’s inspection procedures 

are provided for the connection of the 

site-installed heating appliance to the 

factory-installed circulation air system 

and return air systems. 

(2) The procedures must include 

revisions to assure compliance of the 

installed systems with § 3280.715. 

* * * * * 

■ 29. In § 3280.710, revise paragraph (d) 

to read as follows: 

§ 3280.710 Venting, ventilation, and 

combustion air. 

* * * * * 

(d) Venting systems of fuel-burning 

appliances must terminate at least three 

feet above any motor-driven air intake 

discharging into habitable rooms when 

located within ten feet of the air intake. 

* * * * * 

■ 30. Amend § 3280.802 by: 

■ a. Redesignating paragraphs (a)(4) 

through (41) as paragraphs (a)(5) 

through (42); 

■ b. Adding a new paragraph (a)(4); and 

■ c. Adding and reserving paragraph (b). 

The additions read as follows: 

§ 3280.802 Definitions. 

* * * * * 

(a) * * * 

(4) Attached accessory building or 

structure means any awning, cabana, 

deck, ramada, storage cabinet, carport, 

windbreak, garage, or porch for which 

the attachment of such is designed by 

the home manufacturer to be 

structurally supported by the 

manufactured home. 

* * * * * 

(b) [Reserved] 

■ 31. In § 3280.807, add paragraph (g) to 

read as follows: 

§ 3280.807 Fixtures and appliances. 

* * * * * 

(g) In bathrooms, ceiling-mounted 

lighting fixtures and wall-mounted 

lighting fixtures must not be controlled 

by the same switch. 

■ 32. In § 3280.810, revise paragraph (b) 

to read as follows: 

§ 3280.810 Electrical testing. 

* * * * * 

(b) Additional testing. Each 

manufactured home must be subjected 

to the following tests: 

(1) An electrical continuity test to 

assure that metallic parts are effectively 

bonded; 

(2) An operational test of all devices 

and utilization equipment, except water 

heaters, electric ranges, electric 

furnaces, dishwashers, clothes washers/ 

dryers, and portable appliances, to 

demonstrate they are connected and in 

working order; and 

(3) Electrical polarity checks to 

determine that connections have been 

made in accordance with applicable 

provisions of these standards and 

Article 550.17 of NFPA 70–2005 

(incorporated by reference, see 

§ 3280.4). Visual verification is an 

acceptable electrical polarity check. 

§ 3280.902 [Amended] 

■ 33. In § 3280.902(b), remove ‘‘an A 

frame’’ and add in its place ‘‘a rigid 

substructure.’’ 

■ 34. Revise § 3280.903 to read as 

follows: 

§ 3280.903 General requirements for 

designing the structure to withstand 

transportation shock and vibration. 

(a) General. The manufactured home 

and its transportation system (as defined 

in § 3280.902(f)) must withstand the 

effects of highway movement such that 

the home is capable of being transported 

safely and installed as a habitable 

structure. Structural, plumbing, 

mechanical, and electrical systems must 

be designed to function after set-up. The 

home must remain weather protected 

during the transportation sequence to 

prevent internal damage. 

(b) Testing or analysis requirements. 

Suitability of the transportation system 

and home structure to withstand the 

effects of transportation must be 

permitted to be determined by testing, 

or engineering analysis, or a 

combination of the two as required by 

paragraphs (b)(1) and (2) of this section. 

(1) Road tests. Tests must be 

witnessed by an independent registered 

professional engineer or architect, 

manufacturer’s IPIA or DAPIA, or by a 

recognized testing organization. Such 

testing procedures must be part of the 

manufacturer’s approved design. 

(2) Engineering analysis. Engineering 

analysis methods based on the 

principles of mechanics and/or 

structural engineering may be used to 

substantiate the adequacy of the 

transportation system to withstand intransit loading conditions. As 

transportation loadings are typically 

critical in the longitudinal direction, 

analysis should, in particular, provide 

emphasis on design of longitudinal 

structural components of the 

manufactured home (e.g., main chassis 

girder beams, sidewalls, and rim joists, 

etc.). Notwithstanding, all structural 

elements necessary to the structural 

integrity of the manufactured home 

during in-transit loading are also to be 

evaluated (e.g., transverse chassis 

members and floor framing members, 

etc.). 

(i)(A) The summation of the design 

loads in paragraphs (b)(2)(i)(A)(1) 

through (3) of this section may be used 

to determine the adequacy of the chassis 

in conjunction with the manufactured 

home structure to resist in-transit 

loading: 

(1) Dead load, the vertical load due to 

the weight of all structural and nonstructural components of the 

manufactured home at the time of 

shipment. 

(2) Floor load, a minimum of 3 

pounds per square foot. 

(3) Dynamic loading factor, 

(0.25)[(b2iA) + (b2iB)]. 

(B) However, the in-transit design 

loading need not exceed twice the dead 

load of the manufactured home. 

(ii) To determine the adequacy of 

individual longitudinal structural 

components to resist the in-transit 

design loading, a load distribution based 

on the relative flexural rigidity and 

shear stiffness of each component may 

be utilized. For the purpose of loading 

distribution, the sidewall may be 

considered to be acting as a ‘‘deep 

beam’’ in conjunction with other load 

carrying elements in determining the 


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relative stiffness of the integrated 

structure. Further, by proper precambering of the chassis assembly, 

additional loading may be distributed to 

the chassis, and the remaining loading 

may be distributed to each of the load 

carrying members by the relative 

stiffness principle. 

(iii) The analysis is also to include 

consideration for: 

(A) Location of openings in the 

sidewall during transport and, when 

appropriate, 

provisions for reinforcement of the 

structure and/or chassis at the opening. 

(B) Sidewall component member 

sizing and joint-splice analysis (i.e., top 

and bottom plates, etc.), and 

connections between load carrying 

elements. 

■ 35. In § 3280.904, revise paragraphs 

(a), (b)(1) through (6) and (8) through 

(10) to read as follows: 

§ 3280.904 Specific requirements for 

designing the transportations system. 

(a) General. The transportation system 

must be designed and constructed as an 

integrated unit which is safe and 

suitable for its specified use. In 

operation, the transportation system 

must effectively respond to the control 

of the towing vehicle tracking and 

braking, while traveling at applicable 

highway speeds and in normal highway 

traffic conditions. 

(b) Specific requirements—(1) 

Drawbar. The drawbar must be 

constructed of sufficient strength, 

rigidity, and durability to safely 

withstand those dynamic forces 

experienced during highway 

transportation. It must be securely 

fastened to the manufactured home 

substructure. 

(2) Coupling mechanism. The 

coupling mechanism (which is usually 

of the socket type) must be securely 

fastened to the drawbar in such a 

manner as to assure safe and effective 

transfer of the maximum loads, 

including dynamic loads, between the 

manufactured home structure and the 

hitch-assembly of the towing vehicle. 

The coupling must be equipped with a 

manually operated mechanism so 

adapted as to prevent disengagement of 

the unit while in operation. The 

coupling must be so designed that it can 

be disconnected regardless of the angle 

of the manufactured home to the towing 

vehicle. 

(3) Chassis. The chassis, in 

conjunction with the manufactured 

home structure, must be constructed to 

effectively sustain the design loads. The 

integrated structure must be capable of 

ensuring the integrity of the complete 

manufactured home and ensuring 

against excessive deformation of 

structural or finish members. 

(4) Running gear assembly—(i) Design 

criteria. The design load used to size 

running gear components must be the 

gross static dead weight minus the static 

tongue weight supported by the 

drawbar. Running gear must be 

designed to accept shock and vibration, 

both from the highway and the towing 

vehicle and effectively dampen these 

forces so as to protect the manufactured 

home structure from damage and 

fatigue. Its components must be 

designed to facilitate routine 

maintenance, inspection, and 

replacement. 

(ii) Location. Location of the running 

gear assembly must be determined by 

documented engineering analysis, 

taking into account the gross weight 

(including all contents), total length of 

the manufactured home, the necessary 

coupling hitch weight, span distance, 

and turning radius. Weights shall be 

checked with the home in a level 

position ready for transport. The 

coupling weight must be not less than 

12 percent nor more than 25 percent of 

the gross weight. 

(5) Spring assemblies. Spring 

assemblies (springs, hangers, shackles, 

bushings, and mounting bolts) must be 

capable of supporting the running gear 

design loads, without exceeding 

maximum allowable stresses for design 

spring assembly life as recommended by 

the spring assembly manufacturer. The 

capacity of the spring system must 

ensure that under maximum operating 

load conditions, sufficient clearance is 

maintained between the tire and 

manufactured home’s frame or structure 

to permit unimpeded wheel movement 

and for changing tires. 

(6) Axles. Axles, and their connecting 

hardware, must be capable of 

supporting the static running gear 

design loads, without exceeding 

maximum allowable design axle loads 

as recommended by the axle 

manufacturer. The number and load 

capacity necessary to provide a safe tow 

must not be less than those required to 

support the design load. 

(i) Recycled axles. Before reuse, all 

axles, including all component parts, 

must be reconditioned as required 

pursuant to a program accepted by a 

nationally recognized testing agency. 

The recycling program must be 

approved, and the axles must be labeled 

by a nationally recognized testing 

agency. Recycled axles and their 

components must utilize compatible 

components and be of the same size and 

rating as the original equipment. 

(ii) [Reserved]. 

* * * * * 

(8) Tires, wheels, and rims. Tires, 

wheels, and rims must be selected, 

sized, and fitted to axles so that static 

dead load supported by the running gear 

does not exceed the load capacity of the 

tires. Tires must not be loaded beyond 

the load rating marked on the sidewall 

of the tire or, in the absence of such a 

marking, the load rating specified in any 

of the publications of any of the 

organizations listed in Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

119 in 49 CFR 571.119, S5.1(b). Wheels 

and rims must be sized in accordance 

with the tire manufacturer’s 

recommendations as suitable for use 

with the tires selected. 

(i) Inflation pressure. The load and 

cold inflation pressure imposed on the 

rim or wheel must not exceed the rim 

and wheel manufacturer’s instructions 

even if the tire has been approved for a 

higher load or inflation. Tire cold 

inflation pressure limitations and the 

inflation pressure measurement 

correction for heat must be as specified 

in 49 CFR 393.75(h). 

(ii) Used tires. Whenever the tread 

depth is at least 1⁄16 inch as determined 

by a tread wear indicator, used tires are 

permitted to be sized in accordance 

with 49 CFR 571.119. The 

determination as to whether a used tire 

is acceptable must also include a visual 

inspection for thermal and structural 

defects (e.g., dry rotting, excessive tire 

sidewall splitting, etc.). Used tires with 

such structural defects must not be 

installed on manufactured homes. 

(9) Brake assemblies—(i) Braking 

axles. The number, type, size, and 

design of brake assemblies required to 

assist the towing vehicle in providing 

effective control and stopping of the 

manufactured home must be determined 

and documented by engineering 

analysis. Those alternatives listed in 

§ 3280.903(c) may be accepted in place 

of such an analysis. Unless 

substantiated in the design to the 

satisfaction of the approval agency by 

either engineering analysis in 

accordance with § 3280.903(a)(1) or tests 

in accordance with paragraph (b)(9)(ii) 

of this section, there must be a 

minimum of two axles equipped with 

brake assemblies on each manufactured 

home transportable section. 

(ii) Stopping distance. Brakes on the 

towing vehicle and the manufactured 

home (a drive-away/tow-away) must be 

capable of ensuring that the maximum 

stopping distance from an initial speed 

of 20 miles per hour does not exceed 35 

feet in accordance with 49 CFR 

393.52(d) for 2 or fewer vehicles in 

drive away or tow away operation. 

(iii) Electrical brake wiring. Brake 

wiring must be provided for each brake. 


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The brake wire must not be less than the 

value specified in the brake 

manufacturer’s instructions. Aluminum 

wire, when used, must be provided with 

suitable termination that is protected 

against corrosion. 

(10) Lamps and associated wiring. 

Stop lamps, turn signal/lamps, and 

associated wiring must meet the 

appropriate sections of FMVSS No. 108 

in 49 CFR 571.108, which specify the 

performance and location of these lamps 

and their wiring. The manufacturer may 

meet these requirements by utilizing a 

temporary light/wiring harness, which 

has components that meet the FMVSS 

No. 108. The temporary harness is 

permitted to be provided by the 

manufactured home transportation 

carrier. 

■ 36. Add subpart K to read as follows: 

Subpart K—Attached Manufactured 

Homes and Special Construction 

Considerations 

Sec. 

3280.1001 Scope. 

3280.1002 Definitions. 

3280.1003 Attached manufactured home 

unit separation. 

3280.1004 Exterior walls. 

3280.1005 Electrical service. 

3280.1006 Water service. 

§ 3280.1001 Scope. 

This subpart covers the requirements 

for attached manufactured homes and 

other related construction associated 

with manufactured homes not 

addressed elsewhere within this part. 

§ 3280.1002 Definitions. 

The following definitions are 

applicable to this subpart only: 

Attached manufactured home. Two or 

more adjacent manufactured homes that 

are structurally independent from 

foundation to roof and with open space 

on at least two sides, but which have the 

appearance of a physical connection 

(i.e., zero lot line). 

Fire separation wall. An adjoining 

wall of a manufactured home that 

separates attached manufactured homes 

with a fire separation distance of less 

than three feet. 

§ 3280.1003 Attached manufactured home 

unit separation. 

(a) Separation requirements. (1) 

Attached manufactured homes shall be 

separated from each other by a fire 

separation wall of not less than 1-hour 

fire-resistive rating with exposure from 

both sides on each attached 

manufactured home unit when rated 

based on tests in accordance with 

ASTM E119–05 (incorporated by 

reference, see § 3280.4). 

(2) Fire-resistance-rated floor/ceiling 

and wall assemblies shall extend to and 

be tight against the exterior wall, and 

wall assemblies shall extend from the 

foundation to the underside of the roof 

sheathing. 

(b) Fire separation penetrations. (1) 

Fire rated fire separation walls must not 

contain through penetrations or 

openings. 

(2) Membrane penetrations for 

electrical boxes are permitted on the 

living side of the wall under the 

following conditions: 

(i) Steel electrical boxes not exceeding 

16 square inches may be installed 

provided that the total area of such 

boxes does not exceed 100 square 

inches in any 100 square feet wall area. 

Steel electrical boxes in adjacent fire 

separation walls must be separated by a 

horizontal distance of not less than 24 

inches. 

(ii) Listed 2-hour fire-resistant 

nonmetallic electrical boxes are 

installed in accordance with the listings. 

(iii) No other membrane penetrations 

are allowed. 

(c) Continuity of walls. The fire 

separation walls for single-family 

attached dwelling units must be 

continuous from the foundation to the 

underside of the roof sheathing, deck, or 

slab and must extend the full length of 

the fire separation walls. 

(d) Parapets. (1) Parapets constructed 

in accordance with paragraph (d)(2) of 

this section must be provided for 

attached manufactured homes as an 

extension of fire separation walls in 

accordance with the following: 

(i) Where roof surfaces adjacent to the 

fire separation walls are at the same 

elevation, the parapet must extend not 

less than 30 inches above the roof 

surfaces. 

(ii) Where roof surfaces adjacent to 

the wall or walls are at different 

elevations and the higher roof is not 

more than 30 inches above the lower 

roof surface, the parapet must not 

extend less than 30 inches above the 

lower roof surface. 

(A) Parapets must be provided unless 

roofs are of a Class C roof covering and 

the roof decking or sheathing is of 

noncombustible materials or approved 

fire-retardant-treated wood for a 

distance of four feet on each side of the 

common fire separation walls; or one 

layer of 5⁄8 inch Type X gypsum board 

or equivalent is installed directly 

beneath the roof decking or sheathing 

for a distance of four feet on each side 

of the fire separation walls. 

(B) A parapet must not be required 

where roof surfaces adjacent to the 

common walls are at different elevations 

and the higher roof is more than 30 

inches above the lower roof. The fire 

separation wall construction from the 

lower roof to the underside of the higher 

roof deck must not have less than a 1- 

hour fire-resistive rating. The wall must 

be rated for exposure from both sides. 

(2) Parapets must have the same fire 

resistance rating as that required for the 

supporting wall or walls. On any side 

adjacent to a roof surface, the parapet 

must have noncombustible faces for the 

uppermost 18 inches, to include counter 

flashing and coping materials. Where 

the roof slopes toward a parapet at 

slopes greater than 2⁄12 (16.7 percent 

slope), the parapet must extend to the 

same height as any portion of the roof 

within a distance of three feet, but in no 

case will the height be less than 30 

inches. 

§ 3280.1004 Exterior walls. 

(a) The requirements of § 3280.504 for 

condensation control and vapor retarder 

installation are required to be provided 

on each fire separation wall of each 

attached manufactured home. 

(b) The requirements of § 3280.506 for 

heat loss/gain insulation apply to the 

fire separation wall on each attached 

manufactured home. 

§ 3280.1005 Electrical service. 

(a) Each attached manufactured home 

must be supplied by only one service. 

(b) Service conductors supplying one 

manufactured home must not pass 

through the interior of another 

manufactured home. 

§ 3280.1006 Water service. 

(a) Each manufactured home must 

have an individual water supply that 

will service only that unit. 

(b) Each manufactured home must 

have a hot water supply system that will 

service only that unit. 

PART 3282—MANUFACTURED HOME 

PROCEDURAL AND ENFORCEMENT 

REGULATIONS 

■ 37. The authority citation for part 

3282 is revised to read as follows: 

Authority: 15 U.S.C. 2697, 28 U.S.C. 2461 

note, 42 U.S.C. 3535(d), 5403, and 5424. 

■ 38. In § 3282.7, redesignate 

paragraphs (d) through (nn) as (e) 

through (oo) and add new paragraph (d) 

to read as follows: 

§ 3282.7 Definitions. 

* * * * * 

(d) Attached accessory building or 

structure means any awning, cabana, 

deck, ramada, storage cabinet, carport, 

windbreak, garage, or porch for which 

the attachment of such is designed by 

the home manufacturer to be 


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structurally supported by the 

manufactured home. 

* * * * * 

■ 39. In § 3282.8, revise paragraph (j) to 

read as follows: 

§ 3282.8 Applicability. 

* * * * * 

(j) Add-on. An add-on including an 

attached accessory building or structure 

added by the retailer or some party 

other than the manufacturer (except 

where the manufacturer acts as a 

retailer) as part of a simultaneous 

transaction involving the sale of a new 

manufactured home, is not governed by 

the standards and is not subject to the 

regulations in this part except as 

identified in this section and part 3280 

of this chapter. The addition of any addon or attached accessory building or 

structure must not affect the ability of 

the manufactured home to comply with 

the standards. If the addition of an addon or attached accessory building or 

structure causes the manufactured home 

to fail to conform to the standards, then 

sale, lease, and offer for sale or lease of 

the home are prohibited until the 

manufactured home is brought into 

conformance with the standards. 

(1) With the exception of attached 

accessory buildings or structures, addons must be structurally independent 

and any attachment between the home 

and the add-on must be for 

weatherproofing or cosmetic purposes 

only. 

(2) If an attached accessory building 

or structure is not structurally 

independent all the following must be 

met for attachment to the manufactured 

home: 

(i) Manufactured home must be 

designed and constructed to 

accommodate all imposed loads, 

including any loads imposed on the 

home by the attached accessory building 

or structure, in accordance with part 

3280 of this chapter. 

(ii) Data plate must indicate that home 

has been designed to accommodate the 

additional loads imposed by the 

attachment of the attached accessory 

buildings or structures and must 

identify the design loads. 

(iii) Installation instructions shall be 

provided by the home manufacturer 

which identifies acceptable attachment 

locations, indicates design limitations 

for the attached accessory building or 

structure including acceptable live and 

dead loads for which the home has been 

designed to accommodate and provide 

support and anchorage designs as 

necessary to transfer all imposed loads 

to the ground in accordance with part 

3285 of this chapter. 

* * * * * 

■ 40. In § 3282.14, revise paragraph (a) 

introductory text to read as follows: 

§ 3282.14 Alternative construction of 

manufactured homes. 

(a) Policy. In order to promote the 

purposes of the Act, the Department 

will permit the sale or lease of one or 

more manufactured homes not in 

compliance with the standards under 

circumstances wherein no affirmative 

action is needed to protect the public 

interest. An add-on, including an 

attached accessory building or structure 

which does not affect the performance 

and ability of the manufactured home to 

comply with the standards in 

accordance with § 3282.8(j), is not 

governed by this section. The 

Department encourages innovation and 

the use of new technology in 

manufactured homes. Accordingly, 

HUD will permit manufacturers to 

utilize new designs or techniques not in 

compliance with the standards in cases: 

* * * * * 

■ 41. In § 3282.601, add paragraph (c) to 

read as follows: 

§ 3282.601 Purpose and applicability. 

* * * * * 

(c) Exception. An add-on or attached 

accessory building or structure which 

does not affect the performance and 

ability of the manufactured home to 

comply with the standards in 

accordance with § 3282.8(j) is not 

governed by this section. 

■ 42. In § 3282.602, revise paragraph 

(a)(2) to read as follows: 

§ 3282.602 Construction qualifying for onsite completion. 

(a) * * * 

(2) Any work required by the home 

design that cannot be completed in the 

factory, or when the manufacturer 

authorizes the retailer to provide an 

add-on to the home during installation, 

when that work would take the home 

out of conformance with the 

construction and safety standards and 

then bring it back into conformance; 

* * * * * 

PART 3285—MODEL MANUFACTURED 

HOME INSTALLATION STANDARDS 

■ 43. The authority citation for part 

3285 continues to read as follows: 

Authority: 42 U.S.C. 3535(d), 5403, 5404, 

and 5424. 

■ 44. In § 3285.5, add alphabetically the 

definition for ‘‘Attached accessory 

building or structure’’ to read as follows: 

§ 3285.5 Definitions. 

* * * * * 

Attached accessory building or 

structure means any awning, cabana, 

deck, ramada, storage cabinet, carport, 

windbreak, garage, or porch for which 

the attachment of such is designed by 

the home manufacturer to be 

structurally supported by the 

manufactured home. 

* * * * * 

■ 45. In § 3285.903, revise paragraph (c) 

to read as follows: 

§ 3285.903 Permits, alterations, and onsite structures. 

* * * * * 

(c) Installation of an add-on or 

attached accessory building or structure. 

Each attached accessory building or 

structure or add-on is designed to 

support all of its own live and dead 

loads, unless the attached accessory 

building or structure is otherwise 

included in the installation instructions 

or designed by a registered professional 

engineer or registered architect in 

accordance with this part. 

Dana T. Wade, 

Assistant Secretary for Housing Federal 

Housing Commissioner. 

[FR Doc. 2020–28227 Filed 1–11–21; 8:45 am] 

BILLING CODE 4210–67–P 


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