31778 Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Proposed Rules

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.

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 alarmsounding 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

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

§ 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.

Information collection Number of

respondents

Responses

per

respondent

Total annual

responses

Hours per

response

Total

hours

§ 3280.208(f) Manufacturer’s Alarm Instructions ................. 340 1,088 370,600 .0833 30,833

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

31780 Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Proposed Rules

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.

Current rule New rule Change Cost increase

(1) Smoke alarm .................... 2 × $5.50=$11 .......................

2 AC powered alarms (Ionization).

2 × $8.50=$17.00 ..................

2 × $8.50=$17.00 ..................

4 AC+Battery alarms (Ionization).

34 ¥ 11=23 ........................... $23

(2) Wiring ............................... 40′ × $0.06=$2.40 ................. 40′ × $0.07=$2.80 .................

20′ × $0.07=$1.40 .................

4.20 ¥2.40=1.80 ................... 1.80

(3) Labor ................................ $3.25 ...................................... 6.50 ........................................ 6.50¥3.25=3.25 .................... 3.25

Total ................................ ................................................ ................................................ ................................................ 28.05

In estimating the cost under the

current regulation and proposed new

regulation, HUD used the following

assumptions based on an average home

(28′′ × 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 § 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:

§ 3280.202 Definitions.

* * * * *

Smoke alarm: A single- or multiplestation alarm device that is responsive

to smoke.

3. Revise § 3280.208 to read as

follows:

Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Proposed Rules 31781

§ 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 °F or

exceed 100 °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 wallmounted 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 × 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 § 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