[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Proposed Rules]
[Pages 31778-31781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12563]



[[Page 31777]]

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Part VI





Department of Housing and Urban Development





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24 CFR Parts 3280 and 3282



Manufactured Home Construction and Safety Standards: Smoke Alarms; 
Proposed Rule

Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / 
Proposed Rules

[[Page 31778]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 3280 and 3282

[Docket No. FR-4552-P-01]
RIN 2502-AH48


Manufactured Home Construction and Safety Standards: Smoke Alarms

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner, HUD.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would amend the Federal Manufactured Home 
Construction and Safety Standards to revise the requirements for the 
location and placement of smoke alarms. The purpose of these amendments 
is to improve the effectiveness and performance of smoke alarms in 
early warning detection of manufactured home fires and to reduce the 
rate of fire fatalities in new manufactured housing.

DATES: Comments Due Date: July 17, 2000.

ADDRESSES: Address all comments concerning this proposed rule to the 
Rules Docket Clerk, Office of the General Counsel, Room 10276, U.S. 
Department of Housing and Urban Development, 451 Seventh Street, SW, 
Washington, DC 20410. Comments should refer to the docket number and 
title listed above. A copy of each comment submitted will be available 
for public inspection and copying weekdays between 7:30 a.m. and 5:30 
p.m. at the above address. Comments submitted by facsimile (FAX) will 
not be accepted.

FOR FURTHER INFORMATION CONTACT: Rebecca J. Holtz, Acting Director, 
Office of Consumer and Regulatory Affairs, Room 9156, U.S. Department 
of Housing and Urban Development, 451 Seventh Street, SW, Washington, 
DC 20410; telephone (202) 708-0502 (this is not a toll-free number). 
Persons who have difficulty hearing or speaking may access this number 
via TTY by calling the toll-free Federal Information Relay Service at 
(800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401-5426) (``the Act'') authorizes the 
Secretary to establish and amend the Federal Manufactured Home 
Construction and Safety Standards (``the Standards'' or ``HUD Code''), 
codified in 24 CFR part 3280. The purpose of the Act is to reduce the 
number of personal injuries and deaths and the amount of insurance 
costs and property damage resulting from manufactured home accidents, 
and to improve the quality and durability of manufactured homes (42 
U.S.C. 5401).
    One of the most significant factors in meeting these objectives, 
from the perspective of fire safety, is the requirement in the 
Standards for the installation of permanently wired smoke detectors in 
manufactured homes (24 CFR 3280.208). The enforcement program for this 
requirement is designed to ensure that a manufactured home is not 
labeled or shipped without such smoke alarms. Nevertheless, fire data 
studies conducted for HUD by the National Fire Protection Association 
(NFPA) have continued to indicate that in about 40% of HUD-code homes 
where fatal fires have occurred smoke alarms were not present or 
operational.
    This fact suggests a high rate of occupant disabling of smoke 
alarms. This may be a result of frequent false and nuisance alarms 
caused, for example, by the close proximity of these devices to cooking 
appliances. In addition, findings from the National Smoke Detector 
Project conducted by the Consumer Product Safety Commission (CPSC) 
indicated that for all homes investigated only about 70% of the smoke 
alarms were working.
    The NFPA also reported that the rate of fire fatalities for all 
manufactured homes was cut nearly in half when alarms were operational. 
This emphasizes the importance of reducing the occupant disabling 
problem and improving the reliability and effectiveness of smoke 
alarms.
    HUD had also previously designated the NFPA to undertake a 
consensus process to develop recommendations for new manufactured 
housing standards. The Department has received both a proposal (TIA 97-
1) and the NFPA 501 Standard (1999 edition) developed through that 
process. The proposal and relevant provisions in NFPA 501 contained 
recommendations that would revise the present smoke alarm requirements 
in HUD's Standards. The Department also commissioned the National 
Institute of Standards and Technology (NIST) to evaluate the adequacy 
of the current requirements for smoke alarms in the Standards and to 
recommend alternatives that are consistent with national fire safety 
standards for other types of housing and that would reduce the 
incidence of nuisance alarms.
    The findings and recommendations from the NFPA and NIST evaluations 
were compatible and have formed the basis for the proposed revisions to 
the smoke alarm requirements in the Standards contained in this rule. 
In addition, HUD has included provisions in the rule for testing smoke 
alarms to ensure that all installed smoke alarms are operational. These 
testing provisions are based in part on recommendations in the NFPA 
study on manufactured home fire data and other proposals now being 
considered by the NFPA Consensus Committee.

II. Proposed Changes

    The proposed rule would make the following major changes to the 
Standards:

--The proposed rule would replace the term ``smoke detector'' with the 
term ``smoke alarm''. While these terms are commonly used 
interchangeably, other housing codes generally define a ``smoke 
detector'' as a device that detects visible or invisible particles of 
combustion but does not include an alarm. By contrast, a ``smoke 
alarm'' is a self-contained unit that is responsive to smoke and 
incorporates a sensor, controls, and an alarm-sounding device.
--The proposed rule would revise all of the current location 
requirements contained in the Standards to enhance performance, improve 
audibility, and minimize the potential for false alarms. In general, 
the proposed rule would require more smoke alarms per home.
--The proposed rule would require manufacturers to install a smoke 
alarm that protects the living room and kitchen areas. However, the 
proposed rule would restrict manufacturers from installing a smoke 
alarm in the kitchen to minimize false alarms due to cooking and the 
potential for occupants to disable the alarm. If installed within 20 
feet of a cooking appliance, the proposed rule would require that the 
smoke alarm include a temporary silencing feature (hush button) to 
provide consumers with a mechanism to shut off the alarm temporarily 
for about 15-20 minutes (e.g., if the alarm sounds frequently during 
periods of cooking). Alternatively, the proposed rule would permit 
manufacturers to install photoelectric type smoke alarms, which are 
less sensitive to cooking fumes.
--The proposed rule would require manufacturers to install a smoke 
alarm in each bedroom rather than outside each bedroom because 
occupants are most vulnerable when asleep.
--The proposed rule would permit manufacturers to mount smoke alarms on 
ceilings to avoid other locations

[[Page 31779]]

that may be more vulnerable to false alarms. The proposed rule would 
prescribe clearance distances, and manufacturers would not be able to 
modify them, even if permitted by the listing for the alarm. In rooms 
with sloping ceilings, the proposed rule would require manufacturers to 
mount smoke alarms within the distance determined by the hypotenuse of 
a right triangle whose horizontal leg measures 3 feet and whose 
vertical leg is perpendicular to its horizontal leg from the highest 
point of the ceiling.
--The proposed rule would require manufacturers to install smoke alarms 
that are interconnected so that the operation of any one alarm 
activates all other alarms in the home to maximize the likelihood of 
being awakened to nighttime fires. In addition, as recommended by both 
the NFPA and NIST evaluations, the proposed rule would permit the use 
of smoke alarms powered by a battery rated for a 10-year life as an 
alternative to permanently wired alarms with battery back-up. While HUD 
is aware that there are currently no commercially available 10-year 
battery-powered alarms that include an interconnection feature, HUD 
decided to include the 10-year battery alarm option in this proposed 
rule as an incentive to develop the interconnection feature. HUD is 
interested in receiving comments on the use of 10-year battery smoke 
alarms, including any suggestions regarding methods to encourage 
homeowners to maintain or replace these alarms as needed.
--The proposed rule would establish separate operational, location, and 
connection requirements for visual and tactile appliances that can 
benefit hearing- and sight-impaired persons.
--The proposed rule would require additional restrictions on the 
placement of smoke alarms for bathrooms, kitchens, and areas where 
forced air equipment is located to improve the effectiveness and 
functionality of the alarms.
--The proposed rule would require operational testing at the factory to 
ensure that all alarms are responding. The proposed rule would also 
require manufacturers to replace any alarm that, though correctly 
wired, does not function properly during testing. The proposed rule 
would also require manufacturers to provide installers with specific 
written instructions for inspecting and testing smoke alarms during 
installation of the home, and to provide homeowners with the smoke 
alarm manufacturer's information describing the operation, method and 
frequency of testing, and proper maintenance of the smoke alarm.

    In addition to addressing these changes, commenters are encouraged 
to submit other recommendations that would make smoke alarms more 
tamper resistant and less susceptible to nuisance alarms, and to 
suggest methods that would encourage homeowners to replace smoke alarms 
because of their age or other factors that may hinder their 
performance.
    A conforming change to the terminology used in 24 CFR part 3282, 
Manufactured Home Procedural and Enforcement Regulations, substituting 
``alarms'' in place of ``detectors'' is also made by this rule.

III. Findings and Certifications

Regulatory Planning and Review

    The Office of Management and Budget (OMB) has reviewed this rule in 
accordance with Executive Order 12866, (captioned ``Regulatory Planning 
and Review''). OMB determined that this rule is a ``significant 
regulatory action'' as defined in section 3(f) of the Order (although 
not an economically significant regulatory action under the Order). Any 
changes to the rule resulting from this review are available for public 
inspection between 7:30 a.m. and 5:30 p.m. weekdays in the Office of 
the Rules Docket Clerk.

Paperwork Reduction Act

    The proposed new information collection requirements contained in 
Sec. 3280.208(f) have been submitted to the Office of Management and 
Budget (OMB) for review under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520). Under this Act, an agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless the collection displays a valid control number. OMB 
has issued HUD the control number 2502-0253 for the information 
collection requirements under the current Manufactured Housing 
Construction and Safety Standards Program.
    The public reporting burden for this new collection of information 
is estimated to include the time for reviewing the instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Information on the estimated public reporting burden is provided in the 
following table.

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                                                                        Number of      Responses per     Total annual      Hours per
                       Information collection                          respondents       respondent       responses         response       Total  hours
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Sec.  3280.208(f) Manufacturer's Alarm Instructions................             340            1,088          370,600            .0833           30,833
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    In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments 
from members of the public and affected agencies concerning the 
proposed collection of information to:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    Interested persons are invited to submit comments regarding the 
information collection requirements in this proposal. Comments must be 
received by July 17, 2000. Comments must refer to the proposal by name 
and docket number (FR-4552-P-01) and must be sent to:

Joseph F. Lackey, Jr., HUD Desk Officer, Office of Management and 
Budget, New Executive Office Building, Washington, DC 20503

and

Rules Docket Clerk, Office of the General Counsel, Room 10276, U.S. 
Department of Housing and Urban Development, 451 Seventh Street, SW, 
Washington, DC 20410

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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 governments or the 
private sector within the meaning of the Unfunded Mandates Reform Act 
of 1995.

Environmental Review

    A Finding of No Significant Impact (FONSI) with respect to the 
environment was made in accordance with HUD regulations in 24 CFR part 
50 that implement section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4223). The FONSI is available for public 
inspection during regular business hours in the Office of the Rules 
Docket Clerk, Office of General Counsel, Room 10276, U.S. Department of 
Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 
20410.

Impact on Small Entities

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this proposed rule and in so 
doing certifies that the rule would not have a significant economic 
impact on a substantial number of small entities. The rule would revise 
HUD's existing regulations for the placement and installation of smoke 
alarms in new manufactured housing. The requirements would ensure that 
smoke alarms installed in new homes will be more effective in warning 
of the presence of smoke. This is accomplished primarily by changing 
the location requirements to ensure that alarms operate more 
effectively. Because manufacturers are already required to provide 
working smoke alarms in manufactured homes, the costs associated with 
complying with new requirements would be minimal.
    HUD has conducted a material and labor cost impact analysis for 
this rule. The potential cost impact, based on a per home cost 
determined to be approximately $28.05, multiplied by 350,000 homes 
produced in a year (assuming conservatively that no manufacturer 
currently uses AC smoke alarms with battery backups), is $9.8 million 
annually. This does not represent a significant economic effect on 
either an industry-wide or per unit basis.
    The following chart provides a comparison of cost based on HUD's 
existing regulation and this proposed rule, and the estimate of the 
approximate cost increase of this new rule.

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                                       Current rule           New rule              Change         Cost increase
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(1) Smoke alarm..................  2  x  $5.50=$11....  2  x  $8.50=$17.00.  34 - 11=23.........          $23
                                   2 AC powered alarms  2  x  $8.50=$17.00.
                                    (Ionization).       4 AC+Battery alarms
                                                         (Ionization).
(2) Wiring.......................  40'  x  $0.06=$2.40  40'  x  $0.07=$2.80  4.20 -2.40=1.80....            1.80
                                                        20'  x  $0.07=$1.40
(3) Labor........................  $3.25..............  6.50...............  6.50-3.25=3.25.....            3.25
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    Total........................  ...................  ...................  ...................           28.05
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    In estimating the cost under the current regulation and proposed 
new regulation, HUD used the following assumptions based on an average 
home (28"  x  60") that contains three bedrooms: (1) The home has a 
smoke alarm in each bedroom and one in the common area (all four smoke 
alarms have battery backups); (2) installation involves 40 feet of 14-2 
wiring for two smoke detectors (current rule), and an additional 20 
feet of 14-3 wiring for the two newly required alarms in each bedroom); 
(3) the cost of installation of 14-2 wiring = $0.06 per lineal foot; 
(4) the cost of installation of 14-3 wiring = $0.07 per lineal foot; 
(5) the labor costs are lump sum costs that were obtained from 
manufactured home builders; (6) the prices reflected in the table were 
obtained from manufactured home producers (i.e., close to actual costs 
incurred by manufactured home builders); (7) the cost obtained from 
smoke alarm manufacturers are generally higher than costs paid by home 
producers (the costs do not include larger quantity discounts); and (8) 
approximately 30% of manufactured home producers currently are using 
AC+ battery smoke alarms.
    Notwithstanding HUD's determination that this rule would not have a 
significant economic effect on a substantial number of small entities, 
HUD specifically invites comments regarding any less burdensome 
alternatives to this rule that will meet HUD's objectives as described 
in this preamble.

Federalism Impact

    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 Executive Order 13132.

List of Subjects

24 CFR Part 3280

    Fire prevention, Housing standards, Manufactured homes.

24 CFR Part 3282

    Administrative practice and procedure, Consumer protection, 
Intergovernmental relations, Investigations, Manufactured homes, 
Reporting and recordkeeping requirements, Warranties.

    Accordingly, for the reasons stated in the preamble, HUD proposes 
to amend 24 CFR parts 3280 and 3282 as follows:

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

    1. The authority citation for 24 CFR part 3280 continues to read as 
follows:

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

    2. Amend Sec. 3280.202 as follows:
    a. Remove from the definition of ``Single-station alarm device'' 
the word ``detector'' and add in its place the word ``alarm'';
    b. Remove the definition of ``Smoke detector''; and
    c. Add the definition of ``Smoke alarm'' to read as follows:


Sec. 3280.202  Definitions.

* * * * *
    Smoke alarm: A single- or multiple-station alarm device that is 
responsive to smoke.
    3. Revise Sec. 3280.208 to read as follows:

[[Page 31781]]

Sec. 3280.208  Smoke alarm requirements.

    (a) Labeling. Each smoke alarm required under this section must 
conform with the requirements of ANSI UL 217-1993, Single and Multiple 
Station Smoke Alarms, or ANSI UL 268-1989, Smoke Detectors for Fire 
Protective Signaling, and must bear a label to evidence conformance.
    (b) Required smoke alarm locations. (1) At least one smoke alarm 
must be installed in each of the following locations:
    (i) To protect the living room and kitchen space. When located 
within 20 feet horizontally from cooking appliances, the smoke alarm 
must incorporate a temporary silencing feature or be of a photoelectric 
type.
    (ii) In each sleeping room.
    (iii) On the ceiling of the upper level above each stairway, other 
than a basement stairway, in any multistory home completed in 
accordance with this part or part 3282 of this chapter. The alarm must 
be located so that smoke rising in the stairway cannot be prevented 
from reaching the alarm by an intervening door or obstruction.
    (iv) For each basement stairway, the instructions for installers 
and information for homeowners required in paragraph (f) of this 
section must clearly indicate that a smoke alarm is to be located on 
the basement ceiling near the stairway.
    (2) A smoke alarm required under this section must not be placed in 
a location that impairs its effectiveness or in any of the following 
locations:
    (i) Kitchens, garages, and any space where the temperature can 
reasonably be expected to fall below 40  deg.F or exceed 100  deg.F;
    (ii) Within 3 feet horizontally from a door to a kitchen, a 
bathroom containing a tub or shower, or a supply grille of a forced-air 
heating or cooling system or appliance;
    (iii) Within 3 feet horizontally from any discharge grille when a 
home is equipped or designed for future installation of a roof-mounted 
evaporative cooler or other equipment discharging conditioned air 
through a ceiling grille into the living space; and
    (iv) Any location that is not in accordance with the listing, 
unless required under this section.
    (c) Mounting requirements. (1) Except in rooms with sloped ceilings 
or as permitted pursuant to paragraph (e) of this section, smoke alarms 
must be mounted either on the ceiling at least 4 inches from each wall 
or on a wall with the top of the alarm not less than 4 inches or more 
than 12 inches below the ceiling.
    (2) Except as permitted pursuant to paragraph (e) of this section, 
in rooms with sloped ceilings, smoke alarms must be mounted on the 
ceiling within 3 feet, measured horizontally, from one of the highest 
points of the ceiling and at least 4 inches from any structural 
element.
    (d) Connection to power source. (1) Each smoke alarm must be 
powered from:
    (i) The electrical system of the home as the primary power source 
and a battery as a secondary power source; or
    (ii) A battery rated for a 10-year life, provided the smoke alarm 
is listed for use with a 10-year battery.
    (2) Each smoke alarm whose primary power source is the home 
electrical system must be mounted on an electrical outlet box and 
connected by a permanent wiring method to a general electrical circuit. 
The wiring circuit for the alarm must not include any switches between 
the over-current protective device and the alarm and must not be 
protected by a ground fault circuit interrupter.
    (3) Smoke alarms must be interconnected such that the operation of 
any one smoke alarm causes the alarm to be triggered in all smoke 
alarms in the home.
    (e) Visible and tactile notification appliances. (1) In addition to 
the smoke alarms required pursuant to this section, the manufacturer 
must provide visible and listed tactile notification appliances when 
ordered by the purchaser. These appliances are required to operate from 
the primary power source, but are not required to operate from a 
secondary power source.
    (2) A visible notification appliance in a sleeping room:
    (i) Must have a minimum rating of 177 candela, except that where 
the visible notification appliance is wall-mounted or suspended more 
than 24 inches below the ceiling, a minimum rating of 110 candela is 
permitted; and
    (ii) Must be located within 16 feet of the pillow, in any sleeping 
room that is larger than 14  x  16 feet.
    (3) A visible notification appliance in an area other than a 
sleeping room must have a minimum rating of 15 candela.
    (f) Testing and maintenance. (1) After being installed by the home 
manufacturer at the factory, each smoke alarm must be tested in 
accordance with the alarm manufacturer's instructions. Any smoke alarm 
that is correctly wired and does not function as designed during the 
test must be replaced. Any smoke alarm that is replaced by the home 
manufacturer also must be tested in accordance with this paragraph.
    (2) Home manufacturers must provide specific written instructions 
for installers on how to inspect and test the operation of smoke alarms 
during installation of the home. These instructions must indicate that 
any smoke alarm that does not meet the inspection or testing 
requirements needs to be replaced and retested.
    (3) Home manufacturers must provide the homeowner with the alarm 
manufacturer's information describing the operation of the smoke alarm, 
method and frequency of testing, and proper maintenance. This 
information shall be placed in a conspicuous location within the 
manufactured home in a manner likely to assure that it is not removed 
until removed by the purchaser. No dealer, distributor, construction 
contractor, or other person shall interfere with the distribution of 
this information.

PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS

    4. The authority citation for 24 CFR part 3282 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 5424.

    5. Amend Sec. 3282.203(b)(4) by removing the word ``detectors'' and 
adding in its place the word ``alarms''.

    Dated: April 21, 2000.
William C. Apgar,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 00-12563 Filed 5-17-00; 8:45 am]
BILLING CODE 4210-27-P