72024 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 3280 

[Docket No. FR–4886–F–02] 

RIN 2502–AI12 

Manufactured Home Construction and 

Safety Standards 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Final rule. 

SUMMARY: This rule amends the Federal 

Manufactured Home Construction and 

Safety Standards (the Construction and 

Safety Standards) by adopting certain 

recommendations made to HUD by the 

Manufactured Housing Consensus 

Committee (MHCC). As required by the 

National Manufactured Housing 

Construction and Safety Standards Act 

of 1974 (the Act), HUD published, in the 

Federal Register on December 1, 2004, 

the first group of recommendations 

submitted by MHCC to improve various 

aspects of the Construction and Safety 

Standards. HUD, in publishing MHCC’s 

recommendations in the proposed rule, 

indicated its agreement with all but a 

few of MHCC’s proposals, and most of 

the recommendations are included in 

the final rule. HUD has also identified 

in this final rule those MHCC proposals 

that were not accepted by HUD, 

returned to MHCC for further 

consideration, or modified by HUD in 

light of public comments received. 

DATES: Effective Date: May 30, 2006. 

The incorporation by reference of 

certain publications in this rule is 

approved by the Director of the Federal 

Register as of May 30, 2006. 

FOR FURTHER INFORMATION CONTACT: 

William W. Matchneer III, Associate 

Deputy Assistant Secretary, Office of 

Regulatory Affairs and Manufactured 

Housing, Department of Housing and 

Urban Development, 451 Seventh Street, 

SW., Room 9162, Washington DC 20410; 

telephone (202) 708–6401 (this is not a 

toll-free number). Persons with hearing 

or speech impairments may access this 

number via TTY by calling the toll-free 

Federal Information Relay Service at 

(800) 877–8389. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 1, 2004, at 69 FR 70016, 

HUD published a proposed rule to 

amend various sections of the Federal 

Manufactured Home Construction and 

Safety Standards (24 CFR part 3280) by 

adopting a majority of the 

recommendations made to HUD by 

MHCC. The National Manufactured 

Housing Construction and Safety 

Standards Act of 1974, 42 U.S.C. 5401– 

5426 (the Act), requires HUD to publish 

any proposed revised Construction and 

Safety Standards submitted by MHCC in 

the Federal Register. The proposed rule 

contained the recommended revisions 

(including the recommendations made 

by MHCC that HUD modified, accepted, 

or did not accept) and provided an 

opportunity for public comment. 

HUD will continue to work with 

MHCC on its recommendation to 

remove the current requirement to post 

a Health Notice on formaldehyde 

emissions in each manufactured home. 

In addition, HUD is making the 

following significant changes to the 

proposed rule, based on the public 

comments, in this final rule: 

(1) The proposed revisions to improve 

the truss testing requirements in 

§ 3280.402 have been removed and are 

being returned to MHCC for further 

consideration on the recommendation of 

the commenters and at the request of 

MHCC. 

(2) Limited exceptions to the 5.0 perm 

requirements for interior wall surfaces 

of up to 50 square feet are permitted by 

the final rule for homes designed to be 

sited in hot-humid climates. 

(3) Updates to a number of the 

standards incorporated by reference that 

are more current than were suggested in 

the proposed rule are included in the 

final rule. 

II. Analysis of Public Comments 

The Commenters 

HUD received 26 public comments on 

the proposed rule. Comments were 

received from MHCC; manufactured 

home builders; a state’s Department of 

Community and Economic 

Development; an independent 

inspection agency with experience in 

manufactured home design; a propane 

gas trade association; an energy 

efficiency alliance; a state and a national 

manufactured housing association; and 

associations representing particleboard, 

hardboard, and fiberboard 

manufacturers. 

Summary of Public Comments 

The summary of public comments 

that follows presents the major issues 

and questions raised by the public 

commenters on the December 1, 2004, 

proposed rule. The headings present the 

issue or question addressed, followed by 

a brief description of the commenters’ 

reasoning. A response may be 

applicable to one or more issues or 

questions. The summary of the public 

comments is organized as follows: 

General comments. 

Whole-house ventilation comments. 

Fireblocking comments. 

Body and frame requirement 

comments. 

Formaldehyde health notice 

comments. 

Roof truss testing requirement 

comments. 

Thermal protection comments. 

Plumbing system comments. 

Heating, cooling, and fuel burning 

requirement comments. 

Electrical systems comments. 

Comments regarding revisions to 

standards incorporated by reference. 

Other public comments. 

Comments of the Manufactured 

Housing Consensus Committee. 

General Comments 

Several commenters explained that 

they were encouraged that HUD and 

MHCC were working together to update 

the Construction and Safety Standards. 

Most commenters were very specific in 

commenting on particular amendments 

in the proposed rule. 

Commenters most often discussed the 

Department’s decision not to delete the 

requirement for posting of a Health 

Notice on formaldehyde emissions in 

each manufactured home, the proposed 

amendments to the testing requirements 

for roof trusses, and the provisions for 

condensation control in hot-humid 

climates. 

Additional comments referred to 

whole-house ventilation systems, 

fireblocking requirements, vapor 

retarder installation requirements, flow 

faucet and showerhead restrictions, 

water heater drain pan requirements, 

revisions to the standards incorporated 

by reference, and metric equivalent 

requirements. Commenters also 

submitted comments on whether the 

approval of alternative test methods 

should be solely the responsibility of 

Design Approval Primary Inspection 

Agencies (DAPIAs), or whether DAPIAs 

should provisionally approve 

alternative test methods subject to 

HUD’s approval. 

Whole-House Ventilation Comments 

The December 1, 2004, proposed rule 

would have amended § 3280.103(b) by 

simplifying the requirements for sizing 

whole-house ventilation systems of 

manufactured homes. 

Comment: The current requirement 

for balanced mechanical ventilation 

systems should not be deleted. Two 

commenters wrote that permitting any 

pressure imbalance provides the 

opportunity for unwanted humid air 

infiltration and would be detrimental to 

homes sited in Thermal Zone I. 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72025 

HUD Response: The final rule does 

not eliminate the requirement for 

balanced mechanical systems. Retention 

of the requirement in the final rule 

better ensures that unwanted air 

infiltration is not introduced into the 

home. A HUD study entitled, 

‘‘Alternatives for Minimizing Moisture 

Problems in Hot, Humid Climates 

(2003)’’ found that the most significant 

factors contributing to moisture 

problems were pressure imbalances in a 

house, including imbalances caused by 

uneven distribution of conditioned air; 

duct air leakage; and leakage through 

building walls. 

Comment: There is no requirement for 

additional fresh air to be introduced 

into the home for the whole-house 

ventilation system. 

HUD Response: There is sufficient 

leakage around the envelope of even a 

‘‘tight’’ home to alleviate any pressure 

difference between the exterior and the 

interior of the home, and there is no 

need for an additional air inlet to be 

provided to moderate any imbalance in 

pressure resulting from operating a 

small exhaust fan device. Information 

provided to the Department by the 

Manufactured Home Research Alliance 

that was collected for the Energy Star 

Program also indicates there is sufficient 

leakage, even in tight homes, to handle 

any imbalance in pressure caused by the 

whole-house ventilation system. 

Comment: Locating the whole-house 

ventilation system in the bathroom is 

not a good idea. Two commenters wrote 

that consumers, attempting to lower 

their electric bills, will not operate 

bathroom fans as often as necessary and 

the effectiveness of the fans will thus be 

limited. One commenter wrote that the 

proposed change requires consumer 

education on the topic of the wholehouse ventilation system. 

HUD Response: The alternative 

permitting the whole-house ventilation 

system to be installed in the bathroom 

is not included in the final rule. The 

Department agrees with the commenters 

that consumers may not utilize the 

bathroom fans often enough and has 

deleted this alternative for whole-house 

ventilation from the final rule. 

Comment: Whole-house ventilation is 

a good idea. One commenter wrote that 

the proposed rule would improve 

indoor air-quality, reduce energy 

consumption associated with 

mechanical ventilation systems, and 

provide crucial consumer education. 

Proper consumer use of quiet, reliable 

whole-house exhaust fans will reduce 

mold problems associated with 

internally generated moisture, and 

indoor air pollutant concentrations. The 

proposed whole-house ventilation 

strategy has been successfully employed 

in over 100,000 HUD-code homes built 

in the Pacific Northwest. 

HUD Response: The Department 

agrees that the concept of effective 

whole-house ventilation is an effective 

strategy to improve indoor air quality 

overall and that the revisions to the 

current requirements will further assist 

consumers in dealing with unwanted 

moisture and indoor air pollutants in 

their homes. 

Fireblocking Comments 

The December 1, 2004, proposed rule 

would have amended § 3280.206 by 

clarifying existing language, locations, 

and acceptable materials that may be 

used where fireblocking is required. 

However, HUD had proposed 

modification of a portion of MHCC’s 

proposal that would have permitted 

mineral wool or loose fill insulation to 

be considered acceptable fireblocking 

material. 

Comment: HUD should adopt MHCC’s 

recommendations allowing the 

alternative fireblocking materials. One 

commenter wrote that HUD stated the 

removal of the recommended language 

allowing mineral wool and loose fill as 

acceptable fireblocking material was 

because these types of insulation have 

not been adequately evaluated for 

transportation effects that could cause 

settling or shifting when installed 

around pipes or vents in furnace and 

water heater compartments. The 

commenter wrote that the original 

MHCC recommendation addressed these 

concerns with alternative wording. The 

commenter recommended allowing the 

use of the fireblocking alternatives when 

the manufacturer can demonstrate the 

materials will remain in place. Another 

commenter wrote that HUD modified 

MHCC’s recommendation by totally 

rejecting the inclusion of loose fill 

insulation as fireblocking material not 

only in roofs, but in walls and floors as 

well. The same commenter felt that 

MHCC’s recommendations would 

address HUD’s concerns about the 

material staying in place during 

transportation, etc., as long as the 

materials would have to pass tests that 

address HUD’s concerns before they 

could be used. A third commenter wrote 

that HUD should reconsider its rejection 

of the use of mineral wool or loose fill 

insulation as an acceptable fireblocking 

material, because technical data shows 

that such material, when properly 

installed to a specified R value, is 

effective when used as fireblocking. 

Two commenters wrote that they 

supported fireblocking because it brings 

the Construction and Safety Standards 

into closer consistency with other 

building codes. 

HUD Response: The final rule 

includes all of the provisions for 

permitting fireblocking that were 

identified in the proposed rule and does 

not include requirements for loose fill 

insulation to be used as an alternative 

fireblocking material. However, in view 

of the comments received, the 

Department would reconsider its 

position to permit loose fill insulation to 

be used as fireblocking, if an acceptable 

testing procedure could be developed by 

MHCC or a voluntary consensus 

organization. 

Body and Frame Requirement 

Comments 

A. Body and Frame Requirements—

Alternative Test Procedures 

The December 1, 2004, proposal 

would have amended § 3280.303(g) by 

eliminating the requirement that a 

manufacturer submit alternative testing 

procedures to HUD, except for testing 

methods involving one-piece metal 

roofing as would be required in 

§ 3280.305(c)(1)(iii). HUD sought 

comments specifically on whether the 

final approval of alternative test 

methods should be solely the 

responsibility of DAPIAs or whether 

DAPIAs should only be allowed to 

provisionally approve the test method 

subject to HUD’s approval. 

Comment: DAPIAs should be allowed 

to approve alternate test methods. One 

commenter wrote that MHCC 

unanimously approved delegating 

approval to DAPIAs in its 

recommendation to HUD and still 

stands by that position. The commenter 

explained that HUD currently relies on 

DAPIAs to review and accept or reject 

all drawings, calculations, etc., supplied 

by the manufacturer for the home 

design. Another commenter stated that 

current regulations at §§ 3282.203(b)(11) 

and 3282.361(b)(2) require the 

homebuilder to submit reports for all 

tests and submit all design drawings 

and that § 3282.203(c) provides the 

necessary regulations to carry out the 

quality assurance manual approvals, 

such as review and approval of the 

designs, testing, etc., used by 

manufacturers to build according to the 

Construction and Safety Standards. 

Commenters noted that they believe this 

authorization to be in line with current 

DAPIA authority and that HUD has 

sufficient remedies under the 

regulations to deal with a DAPIA’s poor 

performance in any area of 

responsibility. Two commenters also 

wrote that it sometimes takes an 

extremely long period of time for HUD 

72026 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

to finally approve a suggested new 

method, thereby holding up the 

implementation of the material, 

component, or system being proposed 

by a manufacturer, and that DAPIAs are 

the most likely group to make informed 

decisions since they are familiar with 

the particular manufacturer and its 

design process. Another commenter 

wrote that ‘‘[i]n a word, the system was 

working fine before HUD added this 

pre-approval criteria to 303(g) about 10 

years ago and it will work fine once this 

item is eliminated.’’ Another commenter 

explained that HUD should consider the 

changes in the law contained in the 

amendments made to the Act. 

Specifically, section 604(b)(3) of the Act 

calls for MHCC review of ‘‘interpretative 

bulletins.’’ Requiring HUD staff to preapprove these test procedures could be 

considered equivalent to the issuance of 

interpretative bulletins. Another 

commenter wrote that HUD has 

interpreted § 3280.303(g) to mean that 

only manufacturers, not suppliers, can 

request such testing work be done. That 

has necessitated suppliers having to 

‘‘recruit’’ cooperative manufacturers to 

‘‘sponsor’’ the test requests for the 

benefit of the industry. This has caused 

unnecessary delay that could be 

eliminated by DAPIAs simply working 

with the technical staff of a supplier to 

develop a ‘‘universally acceptable’’ test 

protocol. 

One commenter wrote that HUD 

should review all alternative testing 

procedures prior to their 

implementation. 

HUD Response: The Department 

generally agrees with the commenters 

regarding the use of DAPIAs to approve 

other alternative test methods and 

procedures developed by 

manufacturers. As HUD has no 

regulatory authority over suppliers, the 

final rule continues to require 

manufacturers to develop the alternative 

testing procedures. Accordingly, the 

final rule allows DAPIAs to approve 

alternative testing procedures developed 

by manufacturers and for the procedures 

to thereby become part of the 

manufacturer’s approved designs, 

except for testing procedures for onepiece metal roofing system designs. (See 

the discussion below under ‘‘B. Body 

and Frame Requirements—Structural 

Design Requirements’’ regarding testing 

procedures for one-piece metal roofing 

systems.) 

B. Body and Frame Requirements—

Structural Design Requirements 

1. The December 1, 2004, proposed 

rule would have amended 

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

to permit the use of certain one-piece 

metal roofing without structural 

sheathing in the high Wind Zones II and 

III. HUD proposed to modify MHCC’s 

recommendation for one-piece metal 

roofing installed in high wind areas to 

be consistent with Interpretative 

Bulletin (IB) I–2–98 by requiring prior 

Departmental approval of any testing 

procedures used to demonstrate the 

acceptability of such systems. 

Comment: HUD should not have 

modified MHCC’s recommendation for 

adding footnote 9 to the Table in 

§ 3280.305(c)(1)(ii) for one-piece metal 

roofing and should not have required 

the testing procedures for these systems 

to be subject to HUD approval. Two 

commenters wrote that HUD has 

modified MHCC’s proposal and in so 

doing would destroy the original intent 

of MHCC’s recommendation. The 

commenters explained that HUD states 

it is modifying MHCC’s proposal to 

make it more consistent with IB I–2–98, 

but the intent of MHCC’s proposal was 

to eliminate the IB by rendering it null 

and void, not to conform to it. The 

commenters wrote that HUD had 

received 12 comments on the IB, all of 

which were negative; however, HUD 

ignored all comments and issued the IB 

as proposed. The commenters wrote that 

the addition of the language in the 

footnote is confusing, because all test 

methods are already required to comply 

with § 3280.303(c) and (g) and 

§ 3280.401; thus, the addition of this 

language serves no purpose. HUD is 

trying to re-impose the same preapproval of test methods that would be 

eliminated by § 3280.303(g) in the 

proposed rule. There is no valid reason 

for such pre-approval by HUD. The 

Department’s proposal lacks 

justification as to why it believes preapproval by its staff for this product/ 

design is necessary when it is agreeing 

to eliminate pre-approval for all other 

current/future products and designs by 

changing § 3280.303(g). The one-piece 

metal roof catenary design is much 

stronger than the prescriptive roof 

sheathing option currently permitted by 

footnote 7 to the Table for Resisting 

Uplift Loads. 

HUD Response: The final rule 

continues to require HUD approval of 

testing procedures for one-piece metal 

roofing due to the large number of 

failures of these systems that occurred 

in the 2004 hurricanes in Florida. 

However, the requirements will be 

contained in § 3280.305(c)(1)(iii) of the 

Construction and Safety Standards 

rather than in a footnote to the Table of 

Design Wind Pressures as indicated in 

the preamble of the proposed rule. 

Presently, there is no recognized or 

available testing procedure that will 

comprehensively and adequately 

evaluate the dynamic and fluctuating 

loading effects of the wind on the metal 

roof membrane and its fasteners to resist 

and their resistance to the applied 

stresses and forces on these elements in 

high wind areas. In addition, in the 

Department’s report on damage 

assessment to manufactured homes 

caused by Hurricane Charley, it was 

noted that the roof and walls performed 

significantly better for the post–1994 

homes, in which metal roofing systems 

were not used, as compared to homes 

constructed prior to the effective date of 

the standards for high wind protection. 

The State of Florida also concluded 

from its field investigations following 

last year’s devastating hurricanes, that 

one-piece membrane roofs did not 

perform well, that inadequate fastening 

of metal roofs allowed a large 

percentage of them to be blown off 

manufactured homes that were built 

prior to the implementation of the wind 

standards in 1994. This, the State said, 

may have led to the total loss of these 

homes. HUD engineers inspecting the 

damage caused by the hurricanes in 

Florida also observed numerous failures 

of metal roofing systems used in pre1994 constructed homes. In view of the 

above concerns, the final rule requires 

HUD approval of test methods for onepiece metal roofing systems. However, 

the Department would be willing to 

reconsider this decision, if a voluntary 

consensus test standard were to be 

developed that would adequately assess 

the wind effects on one-piece metal 

roofing membranes and their fastenings. 

2. The December 1, 2004, proposed 

rule would have amended 

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

paragraph (iv) to add a roof load 

requirement for skylights of the zone for 

which it is designed. 

Comment: The skylight load 

requirements described in 

§ 3280.305(c)(3) are a good idea. Two 

commenters wrote that the skylight load 

requirements establish necessary 

performance requirements for skylights. 

HUD Response: The Department 

agrees and is including the proposed 

roof load performance requirements for 

skylights in this final rule. 

3. The December 1, 2004, proposed 

rule would have amended § 3280.305(e) 

by clarifying the required performance 

of fasteners and the connecting 

mechanisms for joining the major 

structural elements of manufactured 

homes, and would specify a continuous 

load path for imposed forces to the 

home’s foundation/anchorage system. 

Comment: The load path for 

foundation and anchorage systems 

described in § 3280.305(e)(1) is a good 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72027 

idea. One commenter wrote that the 

proposal for foundation and anchorage 

systems provides consistency within the 

industry. 

HUD Response: The Department 

agrees and is including the proposed 

revision to the current requirements for 

fastening of structural systems in the 

final rule. 

4. The December 1, 2004, proposed 

rule would have amended 

§ 3280.305(e)(2) by reducing the 

minimum thickness requirements for 

steel strapping or brackets required in 

Wind Zones II and III from 26 gauge 

(0.0179′′) to 0.016′′. 

Comment: The proposed reduction in 

steel strapping requirements described 

in § 3280.305(e)(2) should be accepted 

and additional testing is not needed. 

One commenter wrote that additional 

requirements for testing in high wind 

regions are not required and should not 

be imposed. The commenter wrote that 

past instances of staples inadvertently 

driving through metal strapping of 

lesser thickness may reoccur should this 

proposal go into effect. One commenter 

asked if the DAPIA accepts these design 

changes to reduce the minimum 

thickness of steel strapping for Wind 

Zones II or III, then why would 

additional testing to verify changes of 

this nature be required? As long as the 

DAPIA is satisfied, there should be no 

reason to require further testing. Two 

other commenters recommended that 

the final rule does not need to require 

‘‘suitable load testing.’’ HUD has always 

allowed calculations and analyses to be 

used instead of testing. Testing, while 

more specific than calculations, is 

generally less conservative. It is 

generally understood that HUD will not 

allow testing of simple assemblies that 

can be easily calculated. Some of the 

connections used in high wind regions 

would fall into this situation and need 

to be calculated anyway. This change is 

also consistent with the preference to 

use ‘‘performance requirements’’ set 

forth in § 3280.1. Another commenter 

wrote that a manufacturer should be 

allowed to choose to utilize larger 

brackets, more fasteners, and stronger 

strapping to allow for greater spacing of 

the anchors and should not be penalized 

through prescriptive requirements. 

Another commenter wrote that it is not 

clear why critical connections cannot be 

justified by calculations or tests 

acceptable to the DAPIA and that it may 

be confusing as to which connections 

are ‘‘critical,’’ since it would seem that 

most connections are critical for all 

wind zones. The Manufactured Home 

Construction and Safety Standards 

already require a Professional Engineer 

or Architect to seal all Wind Zone II/III 

calculations, tests, and details. 

HUD Response: The final rule permits 

the use of thinner .016 inch steel 

strapping or engineered connectors 

provided they are installed at 24 inches 

on center in Wind Zone II and 16 inches 

on center in Wind Zone III. The final 

rule also permits a combination of 

strapping or engineered connectors and 

structural rated sheathing or structural 

rated wall sheathing alone when it 

overlaps the roof and/or floor and is 

substantiated by either engineering 

calculations or suitable load to tests. 

5. The December 1, 2004, proposed 

rule would have amended 

§ 3280.305(g)(3) by requiring wood 

panel products used as floor or subfloor 

materials on the exterior of the home to 

be rated for exterior exposure and be 

protected from moisture by sealing or 

applying nonabsorbent overlay with 

water resistant adhesive. 

Comment: The floor rating and 

moisture requirements described in 

§ 3280.305(g)(3) are not a good idea. One 

commenter wrote that the proposed 

body and frame requirements will not 

provide the protection desired. The 

exterior rated floor materials provide 

protection only during the construction 

process. Therefore, the sought-after 

extended life of the material is not 

achieved. 

HUD Response: The final rule 

requires wood panel products used as 

flooring or sub-flooring on the exterior 

of the home to be rated for exterior 

exposure and be protected from 

moisture by sealing or by applying a 

nonabsorbent overlay with a water 

resistant adhesive. HUD does not agree 

with the commenter regarding the 

extent or period of protection from the 

requirement that panels be exterior 

rated, as these panels will require the 

use of moisture-resistant adhesives in 

their construction that will enhance 

their durability. These added provisions 

will also provide protection against 

deterioration of exterior floor decking 

materials that are exposed to moisture. 

In particular, when materials such as 

particleboard become saturated with 

moisture, significant structural damage 

can occur. In addition, the requirement 

that panel products be rated for exterior 

exposure will assist in identifying those 

materials that are suitable for use in 

exterior applications. 

6. The December 1, 2004, proposed 

rule would have amended § 3280.306(b) 

by requiring that each column support 

pier location required along the 

marriage line(s) of multi-section 

manufactured homes be identified at 

each location by paint, label, or other 

acceptable methods. 

Comment: Identifying the marriage 

column support locations as described 

in § 3280.306(b) is not a good idea. One 

commenter stated that the drawings and 

specifications provided with each home 

already show the required locations for 

the centerline pier supports and are 

available to the retailer, installer, and 

consumer prior to the delivery of the 

home. The foundations or support 

systems for today’s multiple section 

manufactured homes are largely 

prepared before the arrival of the home 

on the home site. Thus, the markings 

and their associated costs will be 

fundamentally wasted. The proposal 

would further require that the marking 

be visible after the home is installed 

even though properly placed foundation 

supports will mask the markers from 

view. This change would place too 

much reliance on the correct placement 

of the proposed markers. 

Two commenters wrote that 

identifying the marriage column support 

locations described in § 3280.306(b) is a 

good idea and that the recommendation 

will improve home installation 

compliance and subsequently improve 

the longevity of manufactured homes at 

a minimal cost to the homeowner. 

Marriage wall column support location 

errors are one of the major problems 

found during installation inspection. 

One of the commenters also wrote that 

the requirements would improve home 

installation compliance and 

subsequently improve the longevity of 

manufactured homes at a minimal cost 

to homeowners. In addition, members of 

the DAPIA Technical Advisory Group, 

at its March 2005 meeting, 

recommended that other pier locations, 

such as perimeter and shear wall 

support locations required by the 

manufacturer’s designs and instructions, 

also be identified. 

HUD Response: The final rule 

requires identification of each column 

pier support location along the marriage 

line, as well as for each pier location 

required along the perimeter of the 

home, each required shear wall support 

location, and other special pier support 

locations specified in the 

manufacturer’s instructions. 

Formaldehyde Health Notice Comments 

HUD did not accept and include in 

the December 1, 2004, proposed rule, 

MHCC’s recommendation that would 

have removed the Health Notice on 

formaldehyde emissions (the Health 

Notice) currently required by § 3280.309 

of the Construction and Safety 

Standards. 

Comment: The decision to continue to 

post the Health Notice in each 

manufactured home as described in 

72028 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

§ 3280.309 is contradictory to MHCC’s 

recommendation. One commenter wrote 

that HUD rejected the proposed MHCC 

recommendation not to prominently 

display the Health Notice in each 

manufactured home. The commenter 

stated that, contrary to HUD’s assertion 

that MHCC did not provide any data 

supporting its recommendation to 

remove the requirement, MHCC 

discussed this issue with HUD at MHCC 

meetings in 2004, and reviewed several 

documents related to formaldehyde. The 

commenter stressed that it is not 

recommending any changes to the 

current standards regarding the 

formaldehyde emission controls; the 

commenter is only recommending 

changes to the Health Notice. The 

commenter continued by stating that all 

of this information was considered by 

MHCC in coming to its decision to 

require that the Health Notice on 

formaldehyde be placed in the 

homeowner’s packet rather than having 

it prominently displayed in the home. 

A commenter wrote that the decision 

to continue to post the Health Notice in 

each manufactured home as described 

in § 3280.309 stigmatizes the 

manufactured home industry. The 

commenter is disappointed that HUD 

did not issue for public comment the 

proposal to eliminate the requirement 

for the Health Notice to be placed in 

manufactured homes. Manufactured 

homes are the only homes in America 

that must display these notices and they 

stigmatize manufactured homes. 

Another commenter wrote that the 

formaldehyde notice serves only as a 

sales deterrent, while contributing to 

existing misunderstanding by the public 

regarding health-related issues 

associated with formaldehyde. The 

commenter urged HUD to reevaluate its 

decision on the Health Notice and put 

it forth for another round of public 

comment. One commenter wrote that 

this notice shouldn’t be displayed so 

prominently and asked, ‘‘Why should it 

be the first thing a prospective buyer 

sees when they enter a new 

manufactured home?’’ Another 

commenter wrote that for the past 20 

years formaldehyde levels in 

manufactured housing have declined so 

that they are no higher than in any other 

residential structure. The manufactured 

home product and materials used to 

construct it have progressed to the point 

where the need for a displayed Health 

Notice ‘‘only contributes to the public’s 

notion that manufactured homes are 

somehow ‘‘inferior’’ to other types of 

housing.’’ Other commenters suggested 

that if such a warning is still deemed 

necessary, then the warning should be 

included in the Homeowner’s Manual 

with an explanation that all homes 

contain some amounts of formaldehyde. 

Some commenters wrote that the 

decision to continue to post the Health 

Notice in manufactured homes as 

described in § 3280.309 ignores current 

and available scientific evidence that 

formaldehyde emissions have been 

greatly reduced. HUD should reconsider 

its rejection of MHCC’s proposal in light 

of current research that is available to 

support MHCC’s recommendation. 

Specifically, three commenters wrote 

that the Manufactured Housing 

Research Alliance (MHRA) has 

produced the most recent and up-todate study on the health risks of 

formaldehyde in manufactured homes. 

‘‘Formaldehyde Concentrations in 

Manufactured Homes: The Current 

Situation’’ (July 2004) investigates this 

issue from several different aspects and 

shows that formaldehyde should no 

longer pose any greater concern than in 

conventional housing. One commenter 

continued by stating that ‘‘[e]ven though 

it is only one paper, it is a summation 

of many other studies that are more 

current than the ones used by HUD 

almost 20 years ago when the notice 

became part of the Standards.’’ The 

commenter wrote that the language of 

the Health Notice refers to the 

Ventilation Option, which was deleted 

in 1994. This Ventilation Option, 

formerly § 3280.710(g), was replaced by 

the Additional Ventilation requirement 

in § 3280.103(b). Another commenter 

wrote that consumer formaldehyde 

complaints have been essentially 

eliminated. Another commenter wrote 

that it is ‘‘common knowledge’’ that 

formaldehyde emissions in 

manufactured homes have been 

dramatically reduced since the 

requirement for the Health Notice was 

first imposed. Additionally, the 

commenter claimed that HUD implied 

that only manufactured homes are 

permitted to use construction materials 

containing urea-formaldehyde (UF) 

resins, and that this assertion is untrue 

as the commenter is not aware of such 

a restriction for modular or site-built 

homes. One commenter stated that the 

removal of the Health Notice would 

likely be supported by the findings in 

National Institute of Standards and 

Technology’s (NIST) IAQ manufactured 

housing research with HUD’s Healthy 

Homes Program and asked whether 

HUD consulted with NIST before 

rejecting MHCC’s proposal. 

Two commenters submitted six points 

to illustrate that data does exist showing 

that formaldehyde levels in today’s 

manufactured homes have changed in 

the 20 years since Department 

regulations were implemented. 

Specifically, the six reasons listed are: 

(1) Gypsum wallboard has replaced the 

UF bonded plywood as the interior wall 

covering of choice; (2) maximum 

formaldehyde emissions from UF 

bonded plywood and particleboard 

wood product materials has been 

drastically reduced; (3) the HUD Code is 

the only model building code that 

regulates formaldehyde emissions 

levels, which makes it not likely that 

either manufactured home builders or 

homebuyers would develop a rare nasal 

cancer; (4) the HUD Code ventilation 

requirements increase the volume of 

indoor air exhausted from the home, 

which can dilute any indoor air 

pollutants; (5) one of the original 

reasons for singling out HUD Code 

homes as having formaldehyde 

problems was the small home size; now, 

however, as floor size increases, the 

volume of air in the living space 

increases, and the dilution of air borne 

contaminants can be reduced; and (6) 

the measured concentration of 

formaldehyde levels has been on a 

downward trend since 1985. 

HUD Response: HUD had not 

accepted for inclusion in the proposed 

rule MHCC’s proposal to remove the 

requirement to temporarily post a 

Health Notice on formaldehyde 

emissions in each manufactured home 

(24 CFR 3280.309), because HUD has 

not found it supported by a sufficient 

factual and scientific record. As 

indicated in the proposed rule, a 

determination to discontinue the Health 

Notice would require a similar level of 

factual and scientific support that was 

provided to HUD when the rule was 

being promulgated. As also indicated in 

the proposed rule, HUD recognizes that 

improvements have been made in 

particleboard and plywood panel 

processing resulting in lower emission 

levels than from panels bonded with UF 

resin systems that were available at the 

time of the implementation of the 

Department’s formaldehyde emission 

control requirements. HUD also 

recognizes that the measured 

formaldehyde concentration levels in 

manufactured homes produced since 

1985 is significantly lower than in 

homes built prior to the implementation 

of the Construction and Safety 

Standards. HUD is also aware, however, 

that the sample of homes studied, as 

indicated in the MHRA report 

referenced in the comments 

[‘‘Formaldehyde Concentrations in 

Manufactured Homes, The Current 

Situation’’] is extremely small in 

comparison to the large number of 

homes produced during the same period 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72029 

and that the sample of homes studied 

were subject to a variety of testing 

parameters and measurement methods. 

This leaves some question as to the 

statistical validity and overall 

confidence in the test results due to the 

relatively small sample size of homes 

evaluated. Further, even the MHRA 

report states: ‘‘The health consequences 

of various formaldehyde levels continue 

to be a topic of debate among 

researchers. Particularly, at very low 

concentration levels (below 0.1PPM) 

there is no consensus on safe levels of 

durations of environmental 

formaldehyde exposure.’’ However, as 

indicated in the preamble of the final 

rule on formaldehyde in 1984, there is 

a sector of the population that has 

greater sensitivity to and is at more risk 

of formaldehyde’s irritant effects and 

that will react adversely to 

formaldehyde at extremely low levels of 

exposure. This includes the elderly, 

young children, and individuals with a 

history of asthma, allergies, or lung 

problems. The purpose of the Health 

Notice is to advise prospective 

purchasers that the home contains 

materials that emit formaldehyde and to 

describe acute symptoms that may occur 

under formaldehyde exposure for those 

individuals who may be at greater risk. 

However, as indicated in the 

preamble of the proposed rule, HUD 

will continue to study the formaldehyde 

issue—including reviewing any new 

scientific evidence—and intends to 

consult with the Consumer Product 

Safety Commission, the Environmental 

Protection Agency, and the 

Department’s Office of Healthy Homes 

to study the health risks to occupants at 

current formaldehyde exposure levels to 

determine if any regulatory controls are 

still needed to limit formaldehyde 

emissions in manufactured homes. As 

part of its review and evaluation, HUD 

will also consider the requirements of 

other building codes as they may relate 

to formaldehyde exposure and indoor 

air quality for single-family residential 

construction. HUD intends to work with 

MHCC in developing and supporting 

any further rulemaking proposals on 

formaldehyde. 

Roof Truss Testing Requirement 

Comments 

Based on the recommendations of 

MHCC, the December 1, 2004, proposed 

rule would have amended § 3280.402 by 

providing more stringent initial 

qualification of truss designs and by 

expanding and clarifying the 

requirements for follow-up testing to 

better ensure that subsequent 

production of trusses will meet the 

requirements of the Construction and 

Safety Standards. 

Comment: The test procedures for 

roof trusses, as described in § 3280.402, 

should be severed from the remaining 

proposals, rejected by HUD, and 

remanded to MHCC for further 

consideration. One commenter wrote 

that the revised test protocol will lead 

to destructive testing and could limit 

truss designs that would ultimately pass 

the non-destructive test. Certain truss 

designs could be eliminated. The best 

route to take is to send the proposal 

back to MHCC for further study. If these 

revised test protocols are implemented 

by final rulemaking, the industry might 

have to go to totally engineered truss 

designs, which would be more 

expensive for the industry. Another 

commenter stated that the 

recommended revisions were extracted 

from the proceedings of the consensus 

committee and the National Fire 

Protection Association (NFPA) NFPA 

501 Standard on Manufactured Housing, 

which were based on research 

conducted by the National Association 

of Home Builders Research Center 

(NAHB–RC). The commenter further 

stated that neither organization had a 

mandate to consider cost-impact in 

proposing standards or formulating the 

recommendations from its studies. 

Similar concerns were expressed about 

the NFPA 501 Standard on 

Manufactured Housing from which 

these proposals were derived. 

Another commenter wrote that 

concerns have been expressed by and to 

MHCC members about the more 

stringent qualification testing of truss 

designs that have been talked about and 

supported by the industry, code 

development work groups, and task 

forces over the last ten years. The 

commenter stated MHCC’s consensus 

development process lacked adequate 

consideration of the true costs 

associated with the adoption of this 

proposal, the impact these changes may 

have on the testing procedures and the 

industry, and the proposal’s impact on 

roof truss home design and future 

innovation. The commenter asked that 

HUD remove this recommendation from 

the rule and return the proposal to 

MHCC for further consideration and 

development. 

One commenter wrote that the test 

procedures for roof trusses, as described 

in § 3280.402, are not consistent with 

statutory directives. Although the 

proposed rule’s wording closely follows 

the text found in NFPA 501, Standard 

on Manufactured Housing, published by 

NFPA, the NFPA standard is not in use 

for manufactured housing and the NFPA 

is not under a mandate from Congress 

to protect the affordability of 

manufactured housing. NFPA 501 and 

the proposed rule are inconsistent with 

the model building codes currently in 

use for site constructed home and 

factory built modular homes. NFPA 501 

and this proposal require excessive data 

collection and a more stringent recovery 

deflection limit. Additionally, the 

commenter stated that the cost of 

§ 3280.402 will adversely affect the 

affordability of manufactured housing 

and will stand as an obstacle to the 

accomplishment and execution of 

section 602(b)(2) of the Act, which 

states that a purpose of the Act is to 

‘‘facilitate the availability of affordable 

manufactured homes and to increase 

home ownership for all Americans.’’

One commenter wrote that the new 

roof truss test procedures as described 

in § 3280.402 will not be cost-effective. 

Eliminating the option of 1.75x overload 

ends one cost effective way of building 

the homes at the lower end of the 

manufactured housing market and will 

place additional costs on sections of the 

market that can least afford it. Two 

commenters wrote that the change to the 

testing procedure will cost much more 

than the $77.28 cited by HUD. The 

commenters stated that their truss 

suppliers place the price per truss for 

Wind Zone I at 15 to 25 percent, making 

the eventual cost to the consumer about 

$325 ‘‘ far more than the $77 cited by 

HUD. Other commenters wrote that 

deleting the 1.75 proof load test for roof 

trusses will increase truss member sizes, 

thereby increasing the cost of trusses by 

up to 25 percent. This additional cost 

may add up to $600 per home. One 

commenter wrote that increased top and 

bottom chord sizes could raise overall 

depths of trusses, as well as the 

transportation height of the home. In the 

Eastern United States, where overpasses 

are low, homes will need to be rerouted, 

resulting in increased shipping costs of 

$800 and beyond. Finally, another 

commenter wrote that the recommended 

revised truss test protocol needs further 

study and evaluation before 

implementation. The commenter stated 

that many truss suppliers have 

indicated that there may be a 25 percent 

increase in costs for truss design and 

testing depending on the style of roof 

design being considered. Every truss 

design would need to be re-qualified 

under the test procedures, and cost 

estimates run from $200 to $500, far 

more than the $77.28 per home as 

indicated. 

Two commenters asked specifically 

why the new roof truss test procedures 

as described in § 3280.402 are needed. 

The commenters wrote that they do not 

see any information indicating that 

72030 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

trusses are failing. They further inquired 

whether the study referred to in the 

proposal was conducted during the 

1980s? If so, today’s trusses are much 

improved from the trusses referred to in 

that study. Also, deleting the 1.75 proof 

tests will limit existing designs and 

prevent new innovative designs by 

increasing the top and bottom chord 

sizes. This deletion will create criteria 

that are more stringent than and 

inconsistent with those model building 

codes that require only a minimum test 

period of ten seconds for test loads 

equal to 1.5 times the design wind load. 

Two commenters wrote that these new 

criteria will create a huge backlog in 

truss retesting and redesign, adding to 

the costs that could be passed on to the 

consumer. Further, assuming the time 

frame to perform this task is set at 180 

days, that is not enough time to 

complete the reviews, retests, and 

approvals. Two commenters wrote that 

low-sloped cathedral designs, which are 

common in the industry, will be 

eliminated. One commenter wrote that 

the proposed truss testing change 

should be returned to MHCC for further 

evaluation. The same commenter wrote 

that HUD should continue to allow the 

1.75 proof load test, because the added 

costs of eliminating this acceptable test 

do not appear to be offset by safety 

considerations. 

One commenter wrote that the 

requirement that deflection of bottom 

chord be measured, at a minimum, at 

the truss midspan and panel points is 

overly burdensome and completely 

unnecessary. The commenter stated that 

for many trusses, this requirement 

would result in a minimum of nine or 

ten points of deflection measurement 

during testing, and it is difficult to 

obtain these deflections with dead load 

hanging from the bottom chord of the 

truss at 12 inches on center. Several 

commenters wrote that measuring 

deflection at each panel point, mid-span 

of the truss, and mid-span between each 

panel point is not necessary and that the 

current checks at quarter points and 

mid-span should be more than 

sufficient. A third commenter wrote that 

this change will significantly increase 

the time to perform truss testing and 

will increase the cost to perform 

required truss testing for each truss 

design. 

One commenter wrote the dead load 

test procedures as described in 

§ 3280.402(d)(1) are too expensive and 

not necessary. HUD should revise the 

new proposed requirement to add dead 

load to both the top and bottom chord 

of the truss so that this is only required 

if the actual bottom chord dead load 

exceeds 5 psf; otherwise, allow the 

entire dead load to be applied to the top 

chord as is currently permitted. For 

small bottom chord dead loads (up to 

and including 5 psf), this added step is 

not necessary and needlessly adds to the 

cost of testing. 

Another commenter wrote that the 

live load test procedures as described in 

§ 3280.402(d)(2) are dangerous. In 1994, 

HUD and NAHB ran proficiency tests 

comparing tests that pulled on the top 

chord to test in the inverted position. 

The tests determined that pulling on the 

top chord was difficult, impractical, 

dangerous, and yielded inconsistent 

results. It was determined that testing 

the truss in the inverted position 

provides adequate results. Testing in 

accordance with existing uplift 

requirements is simple and provided 

consistent results. Testing uplift in 

accordance with the new HUD proposal 

will have a significant cost impact on 

the truss approval process. The set-up 

procedure will take three to four times 

longer, which will increase the cost for 

testing a new design substantially. All 

modifications to truss testing should be 

delayed until such studies can be 

prepared for review. 

One commenter wrote that the 

overload phase as proposed in 

§ 3280.402(d)(4) is too stringent. The 

test procedure for the overload phase 

would be increased to dead load plus 

2.5 times the live load. Although this 

more stringent truss loading criteria has 

already been adopted by some 

manufacturers, combining this with the 

more stringent deflection acceptance 

criteria may cause some truss designs to 

fail that would otherwise be acceptable 

under the existing provisions. 

Several commenters wrote that the 

acceptance criteria for truss designs, as 

proposed in § 3280.402(d)(5), are too 

conservative, inconsistent with building 

codes, and too expensive. The recovery 

deflection of L/480 within five minutes 

after live load removal is too 

conservative and many manufacturers 

have permitted up to four hours of 

recovery time to qualify truss designs. 

Another commenter wrote that the 

recovery requirement is inconsistent 

with the model building codes, which 

require recovery of not less than 75 

percent of the maximum deflection 

within 24 hours after removal of the 

load. Another commenter wrote that 

HUD should remove the requirements to 

measure no load to dead load deflection 

and the limit for the same, because this 

is a totally meaningless requirement. 

The deflection from no load to dead 

load is normally compensated for by 

building camber into the truss. This 

added step will add needless cost to the 

test procedure. The commenter 

requested that HUD revise the proposal 

for up to four hours for recovery 

deflection to reach L/480 or better. The 

commenter explained that five minutes 

may not be adequate time to allow 

recovery to occur and could eliminate 

otherwise acceptable designs thus 

adding cost. Some of the proprietary 

criteria in use today by some home 

manufacturers specifies four hours and 

‘‘is working fine without problems.’’

One commenter wrote that the uplift 

load test procedure for roof trusses as 

proposed in § 3280.402(e) makes it 

difficult to test and require a change of 

testing facilities. The test procedure for 

overload phase requirements increased 

to 2.5 times the new uplift load for one 

minute, which is an increase from the 

1.75 overload factor of the current 

standard. Additionally, the test 

procedure has been revised to provide 

uplift to the top chord of the truss 

design and not the existing test set-up 

of inverting the truss and pushing down 

on the bottom chord. Truss designs may 

not be able to be tested due to their 

current configuration and may not 

provide flexibility in testing for the 

tension device placement as a 12-inch 

spacing might provide. Also, no testing 

facility that currently qualifies HUD 

Code home roof trusses would be 

capable for testing trusses as described 

by the revised test protocol without a 

lengthy process to change the test setup. Another commenter wrote that there 

have been no documented truss failures 

due to existing design criteria since the 

uplift testing went into effect in 1994. 

The HUD proposal for testing uplift 

requires 1′′ wide straps attached around 

the top chord at 6′′ o.c. In some cases, 

truss designs with closely spaced 

verticals and webs will be physically 

impossible to test to the 6′′ requirement. 

This requirement would limit truss 

design and innovation. Pulling up on 

straps at 12′′ o.c. provides the same 

uplift load and similar results as pulling 

on the uplift straps 6′′ o.c. Additionally, 

the proposed method requires cylinders 

spaced at 12′′ o.c., to apply 6′′ o.c. uplift 

strapping. This will require some truss 

manufacturers to redesign their current 

truss testing equipment, which 

commonly has cylinders at 24′′ o.c. This 

retrofit will be costly and time 

consuming. One commenter wrote that 

compliance with the requirement 

cannot typically be achieved at panel 

point because of the width of connector 

plates. One commenter supported the 

conversion of the uplift test to a more 

reasonable appropriate uplift test. The 

commenter wrote that the spacing of the 

uplift points, however, appears to be too 

conservative. Instead of every 6′′, it 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72031 

seems that every 12′′ would be sufficient 

and be easier to convert existing testing 

equipment with hydraulic cylinders at 

24′′. 

Finally, commenters urged HUD to 

allow a lengthy, reasonable time period 

for phase-in of the new requirements for 

truss testing similar to what has been 

done in the past. It is hoped that HUD 

will allow 12 months for all testing to 

be completed. 

HUD Response: In view of comments 

received from the public, the 

Department is returning this proposal 

on truss testing procedures to MHCC for 

further consideration and requests the 

following be considered by MHCC 

during its deliberations: 

1. Whether the non-destructive testing 

procedure for roof trusses that permits 

a lower overall safety factor to be used 

in conducting the tests based on a 

presumed low failure rate for roof 

trusses should be eliminated. 

MHCC could consider including the 

non-destructive procedure, if adequate 

safeguards are provided to assure that 

initial qualification tests would be 

conducted using minimum quality of 

materials and workmanship or if a 

statistically valid sample of trusses is 

tested in lieu of the minimum 

requirements. In addition, enhanced 

follow-up testing provisions would be 

needed to account for the lower factor 

of safety of 1.75 currently permitted by 

the non-destructive testing procedure. 

2. The need for the upright tension 

tests to evaluate the uplift resistance of 

the trusses. 

Tests conducted by the NAHB 

Research Center indicated that trusses 

tested in the inverted position 

consistently failed at average loads 

greater than trusses tested in the upright 

position and had lower mid-span 

deflections than trusses tested in the 

upright position. In addition, the failure 

modes were different for some truss 

designs when tested in the upright 

position as compared to the inverted 

position. 

3. Should the factor of safety for uplift 

testing be reduced from 2.5 to the 

current requirement of 1.75 times the 

design wind pressures in consideration 

of comments received regarding safety 

during testing. 

4. The costs associated with any 

recommended revisions to the truss 

testing requirements. 

HUD’s decision to not make final the 

proposed rule section, as recommended 

by MHCC, is consistent with the record 

of comments received from the public, 

including MHCC itself (the Committee 

having reconsidered its prior position). 

However, HUD views truss testing 

procedures as too important a safety 

matter to leave unaddressed. The 

standards in place (i.e., reflected in the 

current regulations) have not been 

modified in many years. The issue, 

having been raised, needs to be 

examined to determine whether, in fact, 

existing standards are adequate to 

protect homeowners in all geographic 

areas of the country. Accordingly, HUD 

anticipates MHCC will expeditiously reevaluate and resubmit proposed truss 

testing procedures. HUD will work 

closely with MHCC in evaluating any 

new proposals for truss testing 

procedures and may amend HUD’s 

requirements, as necessary, in a future 

rulemaking. 

Thermal Protection Comments 

The December 1, 2004, proposed rule 

would have amended § 3280.504(b) to 

codify certain provisions of a waiver 

that permits manufactured homes 

intended to be sited in humid climates 

to have the vapor retarder installed 

outside of the home’s thermal 

insulation. 

Comment: The proposed 

condensation control and installation of 

vapor retarders described in 

§ 3280.504(b)(4) is not practical and 

should provide exceptions. Several 

commenters stated that HUD should 

provide more exemptions, including: (1) 

Kitchen back-splash materials of less 

than 50 square feet in the area installed 

around countertops, sinks, and ranges; 

(2) bathroom tub areas and shower 

compartments; (3) cabinetry and built-in 

furniture, in any location; and (4) 

hardwood wall paneling used under 

chair rails in dining room areas, less 

than 50 square feet in area. One 

commenter explained that these 

construction features are commonly 

installed against exterior walls of 

manufactured homes and do not 

represent a large exposed wall where 

condensation due to the hot-humid 

climates would appear to be excessive. 

Also, a September 2000 MHRA study 

revealed that hardwood paneling is not 

detrimental to the established proposal 

waiver requirements of a minimum 5.0 

perm rating. Another commenter wrote 

that it is absolutely necessary to provide 

some minor exception to the 

requirement that the interior finish have 

a combined permeance of not less than 

5.0 perms. MHCC has already discussed 

with HUD the need to include these 

exceptions, which are part of further 

changes to the Construction and Safety 

Standards that have been approved by 

MHCC. These changes are in concept 

but have not yet been put into proposed 

rule form. The vapor retarder location 

specified in § 3280.504(b)(4) is an 

alternative to that called for in 

§ 3280.504(b)(1) and therefore could not 

be used with a vented wall cavity 

specified in § 3280.504(b)(3). From a 

practical-usability standpoint, in order 

for the alternative vapor retarder 

location to be of any use at all, some 

minor exceptions are absolutely 

necessary to the requirement that the 

interior finish have a combined 

permeance of not less than 5.0 perms. 

These exceptions were recommended by 

MHCC and are also embodied in the 

NFPA–501 2003 edition at section 

8.4.2.1.6. Another commenter wrote that 

the requirement to have the interior 

finish have a combined permeance of 

not less than 5.0 perms makes good 

sense, but a set of exceptions is 

necessary, because it is impractical to 

build a home with all interior surfaces 

at 5.0 perms or more. Without these 

exceptions, no manufacturer will be 

able to place the vapor barrier on the 

outside in the appropriate zones. HUD 

had similar wording in its April 2002 

waiver, but without these necessary 

exceptions. As a result, virtually no 

manufacturer has been able to use the 

waiver. The only reason to restrict the 

permanence of the interior surfaces is to 

make sure any moisture that gets past 

the exterior barrier is able to exit the 

wall to the interior. These few suggested 

exceptions will not trap moisture in the 

wall. In fact, some materials are usually 

not tight-fitted against the framing; 

therefore, moisture should easily escape 

the cavity. The commenter also wrote 

that other building codes have no 

interior wall restrictions at all 

associated with vapor barriers. For 

instance, 2003 IBC—article 1403.3, 2003 

IRC—article R318.1, and 2003 IECC—

article 502.1 make no mention of 

interior perm ratings. HUD should allow 

these exceptions so the industry can 

catch up to present building science. 

Without these exceptions, the vapor 

barrier will remain on the inside in the 

hot, humid climate and moisture will be 

trapped in the home. 

HUD Response: HUD agrees with 

many of the comments; therefore, the 

final rule in § 3280.504 now includes 

exceptions to the 5.0 perm requirement 

for interior finish materials of up to 50 

square feet in area. 

Comment: The focus of 

§ 3280.504(b)(4) should be reducing air 

movement rather than vapor retarders. 

One commenter wrote that 

§ 3280.504(b)(4) does not address any 

effective construction measure to reduce 

the larger problem of air movement into 

the wall cavity. In fact, the performance 

measure that would impact the 

reduction of air movement would be the 

use of a continuous air barrier. Homes 

with low permeable sheathings have 

72032 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

been observed in the Gulf Coast, and 

they have experienced moisture 

problems because the wood sheathing is 

installed with a required gap to allow 

for expansion and contraction. These 

expansion and contraction seams 

should be the focus, not just vapor 

pressure. The much larger problem 

involves large pressure swings in homes 

where mechanical equipment is 

operated. 

HUD Response: HUD and MHCC may 

consider developing, in a future 

rulemaking, requirements for the use of 

continuous air barriers for exterior walls 

and requirements for expansion and 

contraction gaps in wall sheathing to 

reduce the amount of air movement in 

exterior wall cavities. 

Comment: Ventilated walls as 

described in § 3280.504(b)(3) are not a 

good idea because there is no 

ventilation rate or calculated method 

shown that provides a minimum 

performance to reduce the amount of 

moisture. Also, whole-house testing has 

shown that air movement created by 

negative pressure draws moisture 

through construction seams. The 

creation of even more pathways by 

ventilating the wall will allow even 

more moisture to be drawn into the 

walls. 

HUD Response: HUD, in coordination 

with MHCC, may consider, in a future 

rulemaking, eliminating the current 

alternative for controlling condensation 

in exterior wall cavities as is currently 

permitted in § 3280.504(b)(3) of the 

Construction and Safety Standards. 

Comment: Reference to the American 

Architectural Manufacturers 

Association (AAMA) 1500 standard in 

§ 3280.508(e) should be changed to the 

National Fenestration Rating Council 

(NFRC) 100 Standard. One commenter 

wrote that the final rule should 

eliminate reference to AAMA 1500 for 

the following reasons: Because the 

majority of manufacturers have moved 

to NFRC; the NFRC is supported by 

United States Department of Energy 

(USDOE) and Energy Star; HUD is the 

only federal agency still relying on 

AAMA 1500 thermal performance; and 

NFRC–100 labels provide consumers, 

plant, and IPIA data on the window, 

while the AAMA label does not provide 

that data. 

Another commenter wrote that the 

proposed rule to permit window 

manufacturers the alternative to use 

NFRC 100 to rate window energy 

performance is a step in the right 

direction. 

HUD Response: The final rule permits 

the use of either reference standard for 

rating window or glazing products for 

thermal transmittance and resistance to 

condensation. 

Plumbing Systems Comments 

The December 1, 2004, proposed rule 

would have amended § 3280.607(a) to 

require restricted flow faucets and 

showerheads and add a paragraph (b) to 

require the use of low water 

consumption toilets. 

Comment: The proposal is consumerfriendly. Two commenters wrote that 

technology has improved low water 

consumption fixtures and faucets, so it 

is a sound proposal. 

HUD Response: The final rule 

requires the use of low consumption 

water fixtures and toilets as indicated in 

the proposed rule. 

Heating, Cooling, and Fuel Burning 

Requirement Comments 

As recommended by MHCC, the 

December 1, 2004, proposed rule would 

have amended § 3280.709 by requiring 

the installation of a corrosion-resistant 

water drip collection and drain pan 

under each water heater. 

Comment: The requirement was not 

developed with any justification and 

should be dropped. One commenter 

requested that this section be deleted. 

The commenter wrote that it believes 

that the proposal has not been 

developed in compliance with the HUD 

Final Information Quality Guidelines 

published in the November 18, 2002, 

Federal Register Notice. Specifically, 

the HUD Guidelines provide in Section 

VI that ‘‘information [HUD] 

disseminates to the public is objective, 

useful, and has integrity.’’ HUD has not 

presented any information to justify this 

requirement, including any economic or 

technical justification for the addition of 

a corrosion-resistant water drip 

collection and drain pan to be installed 

under each water heater. In addition, 

such a requirement will result in 

problems of installation, cost, drainage, 

and, for fossil fuel type water heaters, 

can result in the blockage of combustion 

air openings for water heaters that 

obtain combustion air from the bottom 

of the unit, a very typical manufactured 

home application. 

Some commenters wrote that a drain 

pan would impede air flow into the 

water heater. One commenter wrote that 

to install a drain pan under the water 

heater would restrict the ability of the 

water heater to receive the proper 

amount of combustion air. Moreover, 

doing so would require modifications to 

the design and construction that could 

significantly increase the costs without 

any economic justification. Another 

commenter wrote that one-half of the 

gas-fired water heaters sold for 

installation in manufactured homes are 

of the direct vent design. This requires 

all air for combustion to enter the water 

heater directly from the outside. An air 

tube is provided that penetrates the 

floor under the water heater to supply 

the air from under the coach. Requiring 

a drain pan for this design would 

present a challenging sealing problem to 

make the drip pan effective. The 

commenter requested that paragraph (h) 

be revised to exempt water heaters of 

the direct vent ‘‘through the floor’’

design from the drain pan requirement. 

Also, the installation of a popular direct 

gas fired water heater would require an 

approximate four-inch hole to be made 

through the pan to provide for its 

combustion of air inlet. It is unlikely 

that water leakage in the water heater 

compartment could result in structural 

deterioration and damage; water heaters 

are too large in diameter to fit between 

floor joists as they are commonly 

installed. This proposal should be 

removed from consideration. 

One commenter wrote that the drain 

pan issue is already addressed in a 

current requirement. The 

supplementary information provided for 

the proposed rule states that the present 

rule does not require that a drain pan be 

provided or that the water heater 

compartment be built in a protective 

manner, such as a shower stall, but fails 

to mention the requirement in 

§ 3280.305(g)(2) that addresses the issue 

by requiring that wood, wood fiber, or 

plywood floors or subfloors in water 

heater compartments be moistureresistant by sealing or by an overlay of 

nonabsorbent material applied with 

water resistant adhesive. 

Two commenters wrote that the water 

drip collection pan requirement is a 

good idea and will eliminate problems 

caused by leaking water heaters at a 

minimal cost. The rule also brings 

manufactured homes up to date with 

other building codes. 

HUD Response: Section 3280.709(h) 

of the final rule requires a corrosionresistant water drip and collection pan 

to be installed under each water heater. 

Almost all electric or fossil fuel water 

heaters currently used in manufactured 

homes can be installed on a 

conventional water heater pan. Only a 

very small percentage of gas water 

heaters currently being used in 

manufactured homes cannot be set on a 

conventional pan due to an opening in 

the bottom of the water heater that is 

aligned with a hole in the bottom of the 

floor that draws combustion air into the 

appliance. Further, a drip pan could be 

designed to have a separate drain hole 

alongside the air inlet opening, which 

would allow those types of water 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72033 

heaters to continue to be used. While 

the Construction and Safety Standards 

do require the floor decking directly 

under the water heater area to be 

moisture-resistant, the drip pan will 

help prevent water from collecting in 

the water heater compartment and 

circulating into surrounding areas, and 

being absorbed into surrounding 

gypsum panels, deteriorating and/or 

warping surrounding area floor decking, 

carpet, and padding. In addition, floor 

insulation and bottom board materials 

may also become saturated in 

surrounding areas due to the 

accumulation of water in the 

compartment, making those materials 

ineffective and possibly causing mold 

and mildew to form. The installation of 

the drip pan will enhance the home’s 

durability at a minimal cost to 

consumers. 

Electrical Systems Comments 

Comment: The 1996 National 

Electrical Code (NEC) that HUD 

proposes to adopt is outdated. The 

manufactured home should meet the 

requirements of more current electrical 

code requirements, and thereby provide 

protection to home occupants that 

technology has made available since 

1996. One commenter stated that the 

update to the 1996 NEC is not practical. 

The commenter stated that to adopt a 

code that is nine years behind the code 

now being adopted by many localities is 

‘‘ridiculous.’’ The NEC 1996 edition is 

no longer in print and to require 

manufacturers to try and find this book 

so that they can determine what changes 

to the code affect them and what is the 

required standard they must meet is not 

logical. Another commenter wrote that 

hundreds or thousands of the 1996 

edition of the NEC will have to be 

obtained if the code update goes into 

effect, and that if HUD Code homes are 

three or four revisions behind the NEC, 

it reinforces the perception that 

manufactured housing is ‘‘inferior’’ to 

other housing. Also, any upgrade to a 

more recent version of the NEC will 

require many electrical drawings to be 

revised. The commenter encouraged 

HUD to adopt the same ‘‘phase-in’’

program HUD used when changing to 

the new smoke alarm requirements. 

Another commenter wrote that the 

electrical standard should be updated to 

the 2005 edition of the NEC. The 

commenter noted that arc-fault circuitinterrupter protection that has been 

adopted in more recent versions of the 

NEC may have been the reason for 

proposing adoption of the 1996 version 

of the NEC. The commenter also agreed 

with MHCC’s reluctance to adopt the 

requirements for arc-fault due to a lack 

of available product and technology in 

the market at this time, and would 

suggest adopting the 2005 NEC with an 

exception for the arc-fault protection 

requirements. 

HUD Response: The Department 

agrees with the comments, and the final 

rule has been revised to incorporate the 

2005 edition of the NEC. Also, as 

suggested by the commenters, the 

provisions for arc-fault circuit 

protection are not included in the final 

rule except that if such protection is 

installed, it must comply with all 

provisions of the NEC. 

Comments Regarding Revisions to 

Standards Incorporated by Reference 

Comment: The NEC HUD proposes to 

adopt is outdated. HUD should update 

all proposed changes to the standards 

incorporated by reference to the most 

recent editions of those standards. 

HUD Response: See discussion under 

the Electrical Systems Comments 

heading. 

Comment: HUD should review the 

two additional sets of MHCC 

recommendations and update any 

reference standard contained in this 

Notice of Propose Rulemaking (NPRM) 

to the latest available edition receiving 

MHCC approval. One commenter 

specifically cited, as an example, the 

Voluntary Standard for Utilization in 

Manufactured Homes, and AAMA 1704, 

Voluntary Standard: Egress Window 

Systems for Utilization in Manufactured 

Homes. HUD should take advantage of 

MHCC’s reference standards update 

process by reviewing all ballots on file 

and suggesting the latest reference 

standard edition for proposed 

rulemaking. 

HUD Response: The final rule does 

include some later editions of reference 

standards than were cited in the 

December 1, 2004, proposed rule. 

However, the final rule does not update 

to the 2002 edition of the AAMA 1704 

standard for egress windows due to 

changes in the later editions that may 

affect the ability of an occupant to 

egress during an emergency. HUD, in 

coordination with MHCC, may also 

consider making further updates to the 

reference standards in future 

rulemakings. 

Comment: One commenter wrote that 

HUD should correct the title of ASTM 

773 to read Standard Test Method for 

Accelerated Weathering of Sealed 

Insulating Glass Units, and also correct 

the title of ASTM 774 to read Standard 

Specification for the Classification of 

the Durability of Sealed Insulating Glass 

Units. 

HUD Response: The final rule corrects 

the title of these two reference standards 

as recommended by the comment. 

Comment: One commenter wrote that 

HUD should clarify whether ASTM 

E84–91 will be deleted from the HUD 

Code, because § 3280.203 still has both 

the ASTM E84 and the NFPA 255 test 

methods available to determine surface 

burning characteristics of building 

materials. 

HUD Response: Section 3280.203(a) of 

the final rule permits the use of either 

test method. 

Comment: One commenter 

recommended that certain updated 

reference standards be included in the 

final rule, including: (1) ANSI Z21.1—

2000—Household Cooking Gas 

Appliances—§ 3280.703; (2) ANSI 

Z21.5.1—2002—Gas Clothes Dryers 

Volume 1—§ 3280.703; (3) ANSI 

Z21.10.1—2004—Gas Water Heaters—

Volume 1, Storage Water Heaters with 

Input Ratings of 75,000 BTU per hour or 

less—§ 3280.703; (4) ANSI Z21.15 

(R2003)—1997—Manually Operated Gas 

Valves for Appliances, Appliance 

Connector Valves and Hose End 

Valves—§ 3280.703; (5) ANSI Z21.20—

2000—Automatic Gas Ignition Systems 

and Components—§ 3280.703; (6) ANSI 

Z21.21—2000—Automatic Valves for 

Gas Appliances—§ 3280.703; (7) ANSI 

Z21.22 (R2003)—1999—Relief Valves—

§ 3280.703; (8) ANSI Z21.24—2001 

Connectors for Gas Appliances—

§ 3280.703; (9) ANSI Z21.40.1 (R2002)—

1996—Gas Fired Heat Activated, Air 

Conditioning and Heat Pump—

§ 3280.703, § 3280.714(a)(2); (10) ANSI 

Z21.47—2003— Gas Fired Central 

Furnaces (Note—Incorporates 

provisions of Z21.64 now discontinued, 

that are related to direct vent)—

§ 3280.703; (11) ANSI Z21.75—2001—

Connectors for Outdoor Gas Appliances 

and Manufactured Homes—§ 3280.703; 

(12) ANSI/LC 1—1997—Gas Piping 

Systems Using Corrugated Stainless 

Steel Tubing—§ 3280.703; and (13) 

ANSI Z2223.1/NFPA 54—2002—

National Fuel Gas Code—§ 3280.703. 

HUD Response: Some of the 

recommended updates to the reference 

standards have been included in the 

final rule, as discussed and listed in 

section III.I. of this preamble. 

Comment: One commenter stated that 

the referenced standard for gas piping 

systems using corrugated stainless steel 

tubing, LC–1–1997, should be moved 

from the Appliances category under 

§ 3280.703 to Ferrous Pipe and Fittings, 

which is a more appropriate category. In 

addition, this referenced standard 

should also include its addenda, i.e., 

LC–1a–1999, for completeness. 

72034 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

HUD Response: The final rule does 

not contain the reference standard for 

corrugated stainless steel tubing for use 

in gas piping systems, as the publication 

that was proposed to be included in the 

standards incorporated by reference was 

not available. 

Comment: Two commenters wrote 

that in § 3280.705—Gas Piping 

Systems—a new section (5), titled 

Corrugated Stainless Steel Tubing 

(CSST) Systems, should be included. 

CSST interior gas piping systems should 

be designed and certified to the ANSI/ 

LC–1, Gas Piping Systems Using 

Corrugated Stainless Steel Tubing, and 

should be installed in accordance with 

this code, the Z223.1/NFPA 54 National 

Fuel Gas Code, and the manufacturer’s 

installation instructions. The 

commenter explained that since the 

HUD proposal is including a reference 

to the ANSI/LC–1 CSST standard, the 

proposed additional provision is needed 

in the interior gas piping section of the 

standard. 

HUD Response: HUD, in coordination 

with MHCC, may consider provisions 

governing the installation of corrugated 

stainless steel tubing and the inclusion 

of an appropriate reference standard for 

CSST gas piping systems in a future 

rulemaking. 

Comment: One commenter wrote that 

AFPA 1997, Manual for Engineered 

Wood Construction, is already an 

obsolete standard reference and should 

be updated to the 2001 edition. By 

updating it to the 2001 version, 

manufacturers could better take 

advantage of utilizing and sharing 

designs with modular packages. 

HUD Response: The final rule 

incorporates the 2001 edition of the 

Manual for Engineered Wood 

Construction. 

Comment: One commenter wrote that 

the ANSI/TPI 1 1990 has been removed 

from the list of reference standards and 

has not been replaced with an 

alternative design standard. All other 

model building codes cite the ANSI/TPI 

as the standard to use when designing 

metal plate connected roof trusses. 

Accordingly, the ANSI/TPI 1–2002 

reference standard should be 

incorporated into the amendments to 

ensure all designs are calculated to the 

same criteria. 

HUD Response: The standard for 

metal plate connected roof trusses 

currently incorporated by reference in 

§ 3280.304 is TPI–85, not ANSI/TPI–

1990. HUD is retaining its current 

requirement in the final rule and may, 

in coordination with MHCC, consider 

an update of this reference standard in 

a future rulemaking. 

Comment: One commenter wrote that 

the final rule should contain a reference 

to Medium Density Fiberboard (MDF). 

MDF is a commonly used material for 

built-in cabinets and moldings in 

manufactured homes. MDF is a common 

core material used in Hardwood 

Plywood, ANSI/HPVA HP–1, and 

another standard referenced in 24 CFR 

3280. A reference to MDF for Interior 

Applications, ANSI A208.2–2002, 

should be added to § 3280.304(b)(1). 

HUD Response: HUD, in coordination 

with MHCC, may consider including a 

reference standard for MDF materials in 

a future rulemaking. 

Comment: One commenter indicated 

that the reference to subsection 221 of 

the 1995 edition of the NFPA 58 is 

incorrect, and that the proper reference 

to relief valves in the 1995 edition is to 

subsection 2–3.2. The commenter 

explained that at a minimum, the 

agency should revise this reference; 

however, HUD should ideally refer to 

the 2001 edition of the NFPA 58. 

HUD Response: The final rule updates 

the reference standard to the 2001 

edition of NFPA 58 as suggested by the 

comments. 

Other Public Comments 

Comment: Generally, HUD should not 

require or include metric equivalents. 

The building community does not use 

metric on plans and specifications for 

any type of residential building. Metric 

units are necessary only for federally 

funded building projects. One 

commenter wrote that most aspects of 

the construction industry have been, 

and will continue to be, slow to convert 

to metric. A dual system would only 

create confusion and take up additional 

space. However, there may be some 

isolated cases where reference to metric 

units may be helpful. One commenter 

stated that requiring the use of metric 

units would be cumbersome and could 

be error-prone, and there appears to be 

no one in the United States construction 

industry who is using metric 

dimensions. Other commenters said 

simply that HUD should not require 

metric equivalents. 

HUD Response: HUD, in coordination 

with MHCC, may address the use of 

metric equivalents, on an as-needed 

basis, in future rulemakings. 

Comment: One commenter wrote that 

§ 3280.707(d) contains minimum 

efficiency requirements for central 

heating and water heating appliances 

that need to be updated to the 

Department of Energy (DOE) minimum 

efficiency requirements. 

HUD Response: HUD anticipates 

addressing the adoption of the DOE 

minimum energy efficiency 

requirements for central heating and 

water heater appliances, in coordination 

with MHCC, in a future rulemaking. 

HUD and DOE have jointly formulated, 

and are dedicated to, a housing energy 

efficiency policy that would serve the 

goal of reducing national and family 

energy needs. 

Comment: One commenter wrote that 

§ 3280.702 still has a definition for 

water heaters that has the term ‘‘other 

than space heating.’’ The commenter 

explained that there are many types of 

combination water heater space heaters 

that are used in manufactured homes, 

and this verbiage needs to be deleted. 

HUD Response: HUD will refer this 

comment to MHCC and may consider 

the definition of water heaters in a 

future rulemaking. 

Comments of the Manufactured Housing 

Consensus Committee 

The following comments were 

submitted to HUD on behalf of the 

Manufactured Housing Consensus 

Committee (MHCC): 

Comment: HUD should reconsider 

MHCC’s recommendation to eliminate 

the requirement to post the 

Formaldehyde Health Notice in each 

manufactured home. 

HUD Response: Please refer to the 

above discussion of public comments 

under the Formaldehyde Health Notice 

Comments heading of the preamble. 

Comment: HUD should reconsider its 

decision to modify MHCC’s 

recommendation on fireblocking in 

§ 3280.206. 

HUD Response: Please refer to the 

above discussion of public comments on 

fire blocking. 

Comment: Testing Protocol approvals 

under § 3280.303(g) should be delegated 

to DAPIAs. 

HUD Response: Section 3280.303(g) 

no longer requires prior HUD approval 

of alternative testing procedures except 

for procedures used to evaluate onepiece metal roof systems. 

Comment: HUD should reconsider its 

modification of MHCC’s 

recommendation and permit DAPIAs to 

also approve testing protocols for onepiece metal roofing. 

HUD Response: Please refer to the 

above discussion of Body and Frame 

Requirement Comments, Part B–1. 

Comment: HUD should concentrate 

on a single system of units and only 

refer to metric units when helpful. 

HUD Response: Please refer to the 

above discussion of metric units under 

the Other Public Comments heading of 

the preamble. 

Comment: Additional Testing is not 

needed for critical connections when 

engineering calculations are provided. 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72035 

HUD Response: Please refer to the 

above discussion in Body and Frame 

Requirement Comments, Part B–3. 

Suitable load tests are now an 

alternative to engineering calculations 

rather than a mandatory provision in the 

final rule. 

Comment: HUD should permit some 

minor exceptions to the requirements 

for interior finish materials in hothumid climates. 

HUD Response: Section 

3280.504(b)(4) of the final rule includes 

minor exceptions to the 5.0 perm 

requirement for interior finish materials 

used in hot-humid climates. 

Comment: HUD should return the 

truss testing recommendations in 

§ 3280.402 to MHCC for further 

consideration. 

HUD Response: Please refer to the 

discussion of public comments on truss 

testing. HUD is returning the trusstesting proposal to MHCC for further 

consideration. 

III. Section-by-Section Revisions 

The final rule amends the following 

sections of the Construction and Safety 

Standards in a manner that is different 

from the proposed rule and revises the 

incorporation by reference of the 

indicated reference standards. 

A. Whole-House Ventilation 

The final rule amends § 3280.103(b) 

by simplifying the requirements for 

sizing whole-house ventilation systems 

of manufactured homes. The final rule 

establishes a minimum and maximum 

capacity for these systems while 

continuing to require the systems to be 

balanced, requires combination passive 

and mechanical systems to be 

adequately sized and provided with 

inlets and exhaust to release any 

unbalanced pressure, no longer accepts 

passive-only systems, requires operating 

instructions for the system to be 

included in the consumer manual, and 

requires the operating switch to be 

identified with a label. 

B. Firestopping 

The proposed rule amending 

§ 3280.206 changes the term 

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

consistent with current building code 

terminology and application. The final 

rule also replaces and clarifies existing 

language to better define locations 

where fireblocking is required. 

C. Body and Frame Requirements 

The final rule amends § 3280.303(g) 

by no longer requiring a manufacturer to 

first submit alternative testing 

procedures to HUD for approval when 

recognized testing procedures are not 

available, except as required by 

§ 3280.305(c)(1)(iii) for one-piece metal 

roofing systems. 

Section 3280.305(c)(1) is also being 

amended by adding a new paragraph 

(iii) to permit the use of certain onepiece metal roofing without structural 

sheathing in the high wind areas, 

provided HUD has approved the testing 

procedures to be used. The final rule 

amends § 3280.305(c)(3)(i) by adding 

paragraphs (A), (B), and (C) and by 

clarifying where middle and north zone 

roof load requirements would be 

applicable. The amended rule also now 

designates counties in certain states 

within the South or Middle Roof Load 

Zones where higher Middle or North 

Roof Load Zones are required. 

Section 3280.305(c)(3) is amended by 

incorporating a new paragraph (iv) 

requiring that skylights must be capable 

of withstanding the roof loads for which 

the home is designed. 

The final rule amends § 3280.305(e) 

by clarifying fastener performance 

requirements for joining the major 

structural elements of manufactured 

homes and by requiring that a 

continuous load path be provided for 

transferring all forces between elements 

and for carrying all imposed forces to 

the home’s foundation/anchorage 

system. 

The final rule amends § 3280.305(e)(2) 

by reducing the minimum thickness 

requirements for steel strapping 

required in Wind Zones II and III from 

26 gauge (0.0179 inch) to 0.016 inch. 

Other alternatives, such as a 

combination of structural rated 

sheathing that overlaps the roof and/or 

floor and strapping, or engineered 

connectors or structural rated sheathing 

only, must be substantiated by either 

engineering analysis or suitable load 

tests. The final rule amends 

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

products used as floor or sub-floor 

materials on the exterior of the home to 

be rated for exterior exposure and be 

protected from moisture by sealing or 

applying nonabsorbent overlay with 

water resistant adhesive. This will 

provide protection against deterioration 

of exterior floor decking materials when 

exposed to moisture. 

The final rule amends 

§ 3280.306(b)(1) to require that each 

column support pier location required 

along the marriage line(s) of multisection manufactured homes, at 

perimeter support locations, and at 

shear wall locations be identified at 

each pier location by paint, label, or 

other acceptable methods. These 

location identifications are to be visible 

after the home is installed. 

D. Subpart E—Testing 

The final rule amends § 3280.401 by 

clarifying that design live load 

deflection criteria do not apply when 

the structural assembly being evaluated 

does not include structural framing 

members. 

E. Subpart F—Thermal Protection 

The final rule amends § 3280.504(b) 

by adding new paragraphs (4) and (5) to 

permit the vapor retarder for exterior 

walls to be installed on the exterior side, 

rather than the interior side, of the wall 

insulation, or to be constructed with an 

external covering and sheathing having 

a combined permeance of not greater 

than 1.0 perms, provided that for either 

alternative that the interior finish and 

interior wall panel materials have a 

combined permeance of not less than 

5.0 perms. However, based on the 

comments received, the final rule now 

also provides for certain minor 

exceptions to the 5.0 perm interior 

finish or wall panel requirements. 

The final rule amends § 3280.508(e) 

by permitting window manufacturers 

the alternative to rate their window 

energy performance by utilizing 

National Fenestration Rating Council 

(NFRC) standard 100 or by using AAMA 

standard 1503 for this purpose. 

Inclusion of the NFRC standard would 

alleviate the need for those 

manufacturers who previously have 

been utilizing NFRC 100 from also 

having to test the AAMA 1500 and viceversa. 

The final rule will also amend 

§ 3280.510 by incorporating a map that 

will designate the applicable Humid 

and Fringe zones by state and county. A 

reproduction of the map will now be 

required to be included on the Heating 

Certificate and could also be combined 

with the Uo map for those homes 

constructed for those zones in addition 

to or in combination with the Uo value 

map. A statement, ‘‘This home is 

designed and constructed to be sited 

only in humid or fringe climate regions 

as shown on the Humid and Fringe 

Climate Map,’’ will also be required in 

conjunction with the Humid and Fringe 

zone map on the Heating Certificate. 

F. Subpart G—Plumbing Systems 

The final rule amends § 3280.607(a) 

by requiring the use of restricted flow 

faucets and showerheads and by adding 

a paragraph (b) to require the use of low 

water consumption water closets. This 

will conserve water and help assure 

continued availability of adequate water 

supplies, as well as reduce wastewater 

flows. The final rule will also include 

requirements for low consumption 

72036 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

water closets (1.6 gallons per flush), and 

clarify that showerheads and faucets are 

also to meet updated requirements 

(maximum flow rate of 2.5 gallons per 

minute) for water conservation as 

required by the Energy Policy Act of 

1992. 

G. Subpart H—Heating, Cooling and 

Fuel Burning Systems 

The final rule amends § 3280.709 by 

adding a paragraph (h) to require the 

installation of a corrosion-resistant 

water drip collection and drain pan 

under each water heater. 

The final rule amends § 3280.715(c) to 

require joints and seams of sheet metal 

and flexible metal ducts, including 

risers, trunks, crossovers, branches, and 

plenums to be mechanically secured 

and made substantially airtight. The 

final rule also requires that the tapes 

and sealants used to seal the duct 

systems be applied to dry clean surfaces 

having no dirt, grease, or oil on them. 

Currently, the standards specify only 

that the joints and seams of ducts be 

securely fastened and made 

substantially airtight. In addition, 

sealants and tapes will also be required 

to be listed in accordance with UL 181A 

for rigid ducts and UL 181B for flexible 

ducts. 

H. Subpart I—Electrical Systems 

The final rule amends 

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

receptacle outlet would be provided on 

a wall adjacent to and within 36 inches 

of the outside edge of each bathroom 

basin. This wall receptacle outlet would 

be in addition to any outlet that is part 

of a lighting fixture or appliance that is 

over a bathroom basin. This revision 

will no longer permit a receptacle that 

is integral with the light fixture over a 

bathroom basin to serve as the only 

outlet for a bathroom basin location. 

This change also addresses safety 

concerns related to the permissible 

length of power cords for small 

appliances that may arise in areas in 

which flowing water and electrical 

outlets are in close proximity, such as 

light fixtures at bathroom basin 

locations. 

The final rule also amends 

§ 3280.808(o) to provide a tolerance for 

the gap at the edge of a box in walls or 

ceilings of noncombustible material 

consistent with the National Electrical 

Code. 

I. Revisions to Standards Incorporated 

by Reference (Reference Standards) 

The following is a list of the standards 

incorporated by reference that is being 

revised by this final rule. Each reference 

standard is preceded by an indicator to 

identify the type of change being made. 

A new reference standard being added 

is indicated by the designation ‘‘N,’’ a 

reference standard being updated is 

indicated by the designation ‘‘U,’’ and a 

reference standard being deleted is 

indicated by the designation 

‘‘DELETED.’’ In some cases, it was 

necessary to use a different or more 

recent edition of a reference standard 

than indicated in the proposed rule, 

because either the date of the standard 

was incorrectly cited or the reference 

standard was out of date and no longer 

available from the publishing 

organization. These changes in dates are 

identified in the list below by italics. In 

other cases, a proposed reference 

standard was not available and, as a 

result, HUD is retaining the existing 

reference standard. These changes are 

identified in the list below by a single 

asterisk. Two new proposed reference 

standards, not presently contained in 

the Construction and Safety Standards, 

could not be located, and have been 

eliminated from the final rule. These 

reference standards are identified in the 

list below by a double asterisk. The 

sections of the Construction and Safety 

Standards being amended by each 

modification are also shown on the right 

of each reference standard being added, 

updated, or deleted. 

U 

AA ............................................... 1994 Aluminum Design Manual, Specifications and Guidelines for 

Aluminum Structures, Part 1–A, Sixth Edition, October 1994, 

and Part 1–B, First Edition, October 1994.

3280.304(b). 

N 

AAMA/WDMA 101/I.S.2–97 ........ 1997 Voluntary Specifications for Aluminum, Vinyl (PVC) and Wood 

Windows and Glass Doors.

3280.304(b)(1); 

3280.403(b)&(e); 3280.404 

(b). 

N 

AAMA 1600/I.S. 7–00 ................. 2003 Voluntary Specification for Skylights ............................................ 3280.305. 

U 

AAMA 1701.2–95 ....................... 1995 Voluntary Standard Primary Window and Sliding Glass Door for 

Utilization in Manufactured Housing.

3280.403(b); 3280.403(e); 

3280.404(b). 

U 

AAMA 1702.2–95 ....................... 1995 Voluntary Standard Swinging Exterior Passage Door for Utilization in Manufactured Housing.3280.405(b); 3280.405(e); 

3280.405(e)(2). 

U 

ANSI/AFPA NDS–2001 .............. 2001 National Design Specification for Wood Construction, 2001 Edition, with Supplement, Design Values for Wood Construction.3280.304(b)(1). 

* 

AFPA .......................................... 1992 Design Values for Joists and Rafters ........................................... 3280.304(b)(1). 

U 

AISI ............................................. 1996 Specification for the Design of Cold-Formed Steel Structural 

Members.

3280.304(b)(1); 3280.305(j)(1). 

DELETED 

ANSI C73.17 ............................... 1972 National Standard Dimensions of Caps, Plugs, and Receptacles, Ground Type.3280.803(g). 

U 

ANSI Z21.1 ................................. 2000 Household Cooking Gas Appliances ............................................ 3280.703. 

U 

ANSI Z21.5.1–1999; CSA 7.1– 

M99.

1999 Gas Clothes Dryers Volume 1—Type 1 Clothes Dryers with Addendum Z21.5.1a–1999.3280.703. 

U 

ANSI Z21.10.1–1998; CSA 4.1– 

M98.

1998 Gas Water Heaters—Volume 1, Storage Water Heaters with 

Input Ratings of 75,000 BTU Per Hour or Less with Addendum Z21.10.1a–2000.

3280.703. 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72037 

U 

ANSI Z21.15–1997; CGA 9.1–

M97.

1997 Manually Operated Gas Valves for Appliances, Appliance Connector Valves, and Hose End Valves.3280.703. 

U 

ANSI Z21.20 ............................... 2000 Automatic Gas Ignition Systems and Components with Addendum Z21.20a–2000.3280.703. 

U 

ANSI Z21.21–2000; CSA 6.5–

2000.

2000 Automatic Valves for Gas Appliances .......................................... 3280.703. 

N 

ANSI Z21.22–1999; CSA 4.4–

M99.

1999 Relief Values for Hot Water Supply Systems .............................. 3280.703. 

* 

ANSI Z21.23 ............................... 1989 Gas Appliance Thermostats with Addendum Z21.23a–1991 ....... 3280.703. 

U 

ANSI Z21.24–1997; CGA 6.10–

M97.

1997 Connectors for Gas Appliances .................................................... 3280.703. 

U 

ANSI Z21.40.1–1996; CGA 

2.91–M96.

1996 Gas Fired, Heat Activated Air Conditioning and Heat Pump Appliances.3280.703; 3280.714(a)(2). 

* 

ANSI Z21.47 ............................... 1990 Gas-Fired Central Furnaces (Except Direct Vent System Control 

Furnaces) with Addendum Z21.47a–1990 and Z21.47b–1992.

3280.703. 

* 

ANSI Z21.64 ............................... 1990 Direct Vent Central Furnaces with Addendum Z21.64a–1992 

(Discontinued—Now part of Z21.47).

3280.703. 

U 

ANSI Z34.1–1993 ....................... 1993 Third Party Certification Programs for Products, Processes, and 

Services.

3280.403(e)(1); 3280.405(e)(1). 

N 

ANSI Z124.5–1997 ..................... 1997 Plastic Toilet (water closets) Seats .............................................. 3280.604(b). 

N 

ANSI Z124.7–1997 ..................... 1997 Prefabricated Plastic Spa Shells .................................................. 3280.604(b). 

** 

ANSI Z124.8 ............................... 1990 Bathtub Liners ............................................................................... 3280.604(b). 

N 

ANSI Z124.9–1994 ..................... 1994 Plastic Urinal Fixtures ................................................................... 3280.604(b). 

U 

ANSI/AHA A135.4–1995 ............ 1995 Basic Hardboard ........................................................................... 3280.304(b)(1). 

U 

ANSI/AHA A135.5–1995 ............ 1995 Prefinished Hardboard Paneling ................................................... 3280.304(b)(1). 

U 

ANSI/AHA A135.6–1998 ............ 1998 Hardboard Siding .......................................................................... 3280.304(b)(1). 

U 

ANSI A208.1–1999 ..................... 1999 Particleboard ................................................................................. 3280.304(b)(1). 

N 

ASME A112.4.1–1993 ................ 1993 Water Heater Relief Valve Drain Tubes ....................................... 3280.604(b). 

N 

ASME A112.4.3–1999 ................ 1999 Plastic Fittings for Connecting Water Closets to the Sanitary 

Drainage System.

3280.604(b). 

* 

ANSI/ASME A112.18.1M ............ 1989 Plumbing Fixture Fittings .............................................................. 3280.604(b). 

N 

ASME A112.18.3M–1996 ........... 1996 Performance Requirements for Backflow Protection Devices 

and Systems in Plumbing Fixture Fittings.

3280.604(b). 

N 

ASME A112.18.6–1999 .............. 1999 Flexible Water Connectors ........................................................... 3280.604(b). 

N 

ASME A112.18.7–1999 .............. 1999 Deck Mounted Bath/Shower Transfer Valves with Integral Backflow Protection.3280.604(a). 

N 

ASME A112.19.6 ........................ 1995 Hydraulic Performance Requirements for Water Closets and 

Urinals.

3280.604(b). 

N 

ASME A112.19.9M–1991 ........... 1991 Non-Vitreous Ceramic Plumbing Fixtures .................................... 3280.604(b). 

N 

ASME A112.19.10–1994 ............ 1994 Dual Flush Devices for Water Closets ......................................... 3280.604(b). 

N 

ANSI/NEMA WD 6–1997 ............ 1997 Wiring Devices—Dimensional Specifications (Replaces C73.17 

of the same title.).

3280.803. 

N 

ANSI/NSF 61–2001 .................... 2001 Drinking Water System Components—Health Effects ................. 3280.604(b)(2). 

DELETED 

NWWDA IS 1–87 ........................ Wood Flush Doors ........................................................................ 3280.304(b)(1); 3280.405(c)(1). 

DELETED 

72038 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

ANSI/NWWDA I.S.2–87 .............. 1987 Wood Windows (This standard is replaced by AAMA/WDMA 

101/I.S.2–97 NWWDA [National Wood Window and Door Association] is now the WDMA [Window and Door Manufacturers Association]).

3280.304(b)(1). 

DELETED 

ANSI/NWWDA I.S.3–88 .............. 1988 Wood Sliding Patio Doors (This standard is replaced by AAMA/ 

WDMA 101/I.S.2–97).

3280.304(b)(1). 

DELETED 

NWWDA IS 4–88 ........................ Water Repellent Preservative Non Pressure Treatment for Millwork.3280.304(b)(1). 

DELETED 

APA PRP E108, E445N ............. 1989 Performance Standards and Policies ........................................... 3280.304(b)(1). 

U 

APA E30P ................................... 1996 Design/Construction Guide Residential and Commercial Structures.3280.304(b)(1). 

U 

PS 1–95 ...................................... 1995 Construction and Industrial Plywood (with Typical APA Trademarks).3280.304(b)(1). 

* 

PS 2–92 (also known as NIST 

Standard PS 2–96).

1992 Voluntary Product Standard Performance Standard for WoodBased Structural Use Panels.3280.304(b)(1). 

* 

APA S 811M ............................... 1990 Design and Fabrication of Plywood Curved Panels, PDS Suppl. 

1.

3280.304(b)(1). 

* 

APA S 812Q ............................... 1992 Design and Fabrication of Glued Plywood Lumber Beams PDS 

Suppl. 2.

3280.304(b)(1). 

* 

APA U 813L ................................ 1990 Design and Fabrication of Plywood Stressed Skin Panels PDS 

Suppl. 3.

3280.304(b)(1). 

U 

APA H815E ................................ 1995 Design and Fabrication of All Plywood Beams (PDS Suppl. 5.) 3280.304(b)(1). 

N 

APA D410A ................................ 2004 Panel Design Specification ........................................................... 3280.304(b)(1). 

* 

APA U814 H ............................... 1990 Design and Fabrication of Plywood Sandwich Panels, Suppl. 4 3280.304(b)(1). 

N 

SEI/ASCE–8–02 ......................... 2002 Specification for the Design of Cold-Formed Stainless Steel 

Structural Members.

3280.304(b)(1); 3280.305(j). 

N 

ASCE–19–96 .............................. 1996 Structural Applications of Steel Cables for Buildings ................... 3280.304(b)(1). 

U 

ASHRAE ..................................... 1997 1997 ASHRAE Handbook, Fundamentals, Inch-Pound Edition ... 3280.508. 

N 

ASSE #1051 Revised: 1996; 

ANSI: 1998.

1990 Performance Requirements for Air Admittance Valves for 

Plumbing Drainage Systems—Fixture and Branch Devices.

3280.604(b). 

U 

ASTM A 539–99 ......................... 1999 Standard Specification for Electric-Resistance-Welded Coiled 

Steel Tubing for Gas and Fuel Oil Lines.

3280.703; 3280.705(b)(4). 

U 

ASTM B 280–95 ......................... 1995 Standard Specification for Seamless Copper Tube for Air Conditioning and Refrigeration Field Service.3280.703; 3280.705(b)(3); 

3280.706(b)(3). 

U 

ASTM C 36/C36M–99 ................ 1999 Standard Specification for Gypsum Wallboard ............................ 3280.304(b)(1). 

U 

ASTMD 4442–92 (Reapproved 

1997).

1997 Standard Test Methods for Direct Moisture Content Measurement of Wood and Wood-Base Materials.3280.304(b)(1). 

U 

ASTM E 84–01 ........................... 2001 Standard Test Method for Surface Burning Characteristics of 

Building Materials.

3280.203(a). 

U 

ASTM E 96–95 ........................... 1995 Standard Test Methods for Water Vapor Transmission of Materials.3280.504(a). 

U 

ASTM E 162–94 ......................... 1994 Standard Test Method for Surface Flammability of Materials 

Using a Radiant Heat Energy Source.

3280.203(a). 

U 

ASTM E 773–97 ......................... 1997 Standard Test Method for Accelerated Weathering of Sealed Insulating Glass Units.3280.403(d)(2). 

U 

ASTM E 774–97 ......................... 1997 Standard Specification for the Classification of the Durability of 

Sealed Insulating Glass Units.

3280.403(d)(2). 

U 

ASTM E 1333–96 ....................... 1996 Standard Test Method for Determining Formaldehyde Concentrations in Air and Emission Rates from Wood Products 

Using a Large Chamber.

3280.406(b). 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72039 

U 

HPVA Design Guide HP–SG–96 1996 Structural Design Guide for Hardwood Plywood Wall Panels ..... 3280.304(b)(1). 

U 

ANSI/HPVA HP–1–1994 (Approved 1995).1994 American National Standard for Hardwood and Decorative Plywood.3280.304(b)(1). 

DELETED 

HUD–FHA UM–25d–73 .............. 1973 Application and Fastening Schedule: Power-Driven, Driven Fasteners, Use of Materials Bulletin UM–25d.3280.304(b)(1). 

U 

IAPMO TSC 9–97 ....................... 1997 Standard for Gas Supply Connectors for Manufactured Homes 3280.703. 

* * 

ANSI/IAS LC 1 ............................ 1997 Gas Piping Using Corrugated Stainless Steel Tubing with Addendum LC–1A–1999.3280.703. 

* 

IITRI Fire and Safety Research 

Project J6461.

1979 Development of Mobile Home Fire Test Methods to Judge the 

Fire-Safe Performance of Foam Plastic Sheathing and Cavity 

Insulation (Note: this is an editorial revision to correct the title 

and insert the date of publication only.).

3280.207(a). 

N 

NER–272 .................................... 1997 National Evaluation Report, Power Driven Staples and Nails for 

Use in All Types of Buildings Construction. (This is published 

by the National Evaluation Service.).

3280.304(b). 

U 

NFPA 31 ..................................... 1997 Standard for the Installation of Oil-Burning Equipment ................ 3280.703; 3280.707(f). 

U 

NFPA 54–2002/ANSI Z223.1–

2002.

2002 National Fuel Gas Code ............................................................... 3280.703. 

U 

NFPA 58 ..................................... 2001 Liquefied Petroleum Gas Code .................................................... 3280.703; 3280.704(b)(5)(i). 

U 

NFPA 70 ..................................... 2005 National Electrical Code ............................................................... 3280.801(a); 3280.801(b); 

3280.803(k)(1); (k)(3); 

3280.804(a); 3280.805(a)(3); 

3280.806(a)(2); 3280.807(c); 

3280.808(a)(m)&(q); 

3280.811(b). 

U 

NFPA 220 ................................... 1995 Standard on Types of Building Construction, Chapter 2, Definitions of ‘‘limited combustible’’ and ‘‘noncombustible material’’.3280.202. 

N 

NFPA 255 ................................... 1996 Standard Method of Test of Surface Burning Characteristics of 

Building Materials.

3280.203(a). 

N 

NFRC 100 ................................... 1997 Procedure for Determining Fenestration Product U-factors ......... 3280.508(e). 

U 

SJI ............................................... 1994 Fortieth Edition Standard Specifications Load Tables and 

Weight Tables for Steel Joist and Joist Girders.

3280.304(b)(1). 

U 

UL 94 .......................................... 1996 Test for Flammability of Plastic Materials for Parts in Devices 

and Appliances, Fifth Edition, with 2001 revisions.

3280.715(e)(1). 

U 

UL 103 ........................................ 1995 Factory-Built Chimneys for Residential Type and Building Heating Appliances, Ninth Edition, with 1999 revisions.3280.703. 

U 

UL 109 ........................................ 1997 Tube Fittings for Flammable and Combustible Fluids, Refrigeration Service, and Marine Use, Sixth Edition, with 2001 revisions.3280.703. 

U 

UL 127 ........................................ 1996 Factory-Built Fireplaces, Seventh Edition, with 1999 revisions ... 3280.703. 

U 

UL 174 ........................................ 1996 Household Electric Storage Tank Water Heaters, Tenth Edition, 

with 1997 revisions.

3280.703. 

U 

UL 181 ........................................ 1996 Factory-Made Air Ducts and Air Connectors, Ninth Edition, with 

1998 revisions.

3280.703; 3280.715(e). 

N 

UL 181A ...................................... 1994 Closure Systems for Use with Rigid Air Ducts and Air Connectors, Second Edition, with 1998 revisions.3280.703; 3280.715(c). 

N 

UL 181B ...................................... 1995 Closure Systems for Use with Flexible Air Ducts and Air Connectors, First Edition, with 1998 revisions.3280.703; 3280.715(c). 

U 

UL 307A ...................................... 1995 Liquid Fuel-Burning Heating Appliances for Manufactured 

Homes and Recreational Vehicles, Seventh Edition, with 

1997 revisions.

3280.703; 3280.707(f). 

72040 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

U 

UL 307B ...................................... 1995 Gas-Burning Heating Appliances for Manufactured Homes and 

Recreational Vehicles, Fourth Edition, with 1998 revisions.

3280.703. 

U 

UL 311 ........................................ 1994 Roof Jacks for Manufactured Homes and Recreational Vehicles, 

Eighth Edition, with 1998 revisions.

3280.703. 

U 

UL 441 ........................................ 1996 Gas Vents, Ninth Edition, with 1999 revisions ............................. 3280.703. 

DELETED 

UL 465 ........................................ 1987 Central Cooling Air Conditioners (This standard is discontinued 

and replaced by UL 1995.).

3280.703. 

U 

UL 569 ........................................ 1995 Pigtails and Flexible Hose Connectors for LP-Gas, Seventh Edition, with 2001 revisions.3280.703; 3280.705. 

U 

UL 737 ........................................ 1996 Fireplace Stoves, Eighth Edition, with 2000 revisions ................. 3280.703. 

DELETED 

UL 1025 ...................................... 1991 Electric Air Heaters (This standard is discontinued and replaced 

by UL 2021.).

3280.703. 

U 

UL 1042 ...................................... 1994 Electric Baseboard Heating Equipment, Fourth Edition, with 

1998 revisions.

3280.703. 

U 

UL 1482 ...................................... 1996 Solid-Fuel Type Room Heaters, Fifth Edition, with 2000 revisions.3280.703. 

N 

UL 1995 ...................................... 1995 Heating and Cooling Equipment, Second Edition, with 1999 revisions (Replaces UL 465, UL 559 and UL 1096).3280.703. 

N 

UL 2021 ...................................... 1997 Fixed and Location-Dedicated Electric Room Heaters, Second 

Edition, with 1998 revisions (Replaces UL 1025).

3280.703. 

IV. Findings and Certifications 

Regulatory Planning and Review 

The Office of Management and Budget 

(OMB) reviewed this rule under 

Executive Order 12866 (entitled 

‘‘Regulatory Planning and Review’’). 

OMB determined that this rule is a 

‘‘significant regulatory action’’ as 

defined in section 3(f) of the Order 

(although not an economically 

significant regulatory action, as 

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

Order). Any changes made to the rule 

subsequent to its submission to OMB 

are identified in the docket file, which 

is available for public inspection in the 

Regulations Division, Office of General 

Counsel, Department of Housing and 

Urban Development, 451 Seventh Street, 

SW., Room 10276, Washington, DC 

20410–0500. 

Paperwork Reduction Act 

The information collection 

requirements contained in this rule are 

currently approved by OMB under 

section 3504(h) of the Paperwork 

Reduction Act of 1980 (44 U.S.C. 3501–

3520) and assigned OMB Control 

Number 2502–0253. 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 currently valid control 

number. 

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)). Although 

the Finding of No Significant Regulatory 

Impact for the proposed rule remains 

applicable to the final rule, a 

Supplemental Finding of No Significant 

Regulatory Impact has been added to 

discuss changes made in the final rule. 

Both the Finding of No Significant 

Impact and the Supplemental Finding 

are available for public inspection 

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

weekdays in the Regulations Division, 

Office of General Counsel, Department 

of Housing and Urban Development, 

451 Seventh Street, SW., Room 10276, 

Washington, DC 20410–0500. 

Impact on Small Entities 

The Secretary, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), has reviewed and approved this 

final rule and in so doing certifies that 

the rule would not have a significant 

economic impact on a substantial 

number of small entities. The rule 

would regulate establishments primarily 

engaged in making manufactured homes 

(NAICS 32991). The Small Business 

Administration’s size standards define 

an establishment primarily engaged in 

making manufactured homes as small if 

it does not exceed 500 employees. Of 

the 222 firms included under this 

NAICS definition, 198 are small 

manufacturers that fall below the small 

business threshold of 500 employees. 

The final rule will apply to all of the 

manufacturers. The rule would, thus, 

affect a substantial number of small 

entities. However, based on an analysis 

of the costs and the fact that a small 

manufacturer would just as likely 

produce homes at the higher end of the 

cost spectrum as would a major 

producer, evaluating the effect of the 

increase is not discernible based on the 

size of the manufacturing operation. For 

the reasons stated below, HUD knows of 

no instance in which a manufacturer 

with fewer than 500 employees would 

be significantly affected by this rule. 

HUD, in cooperation with MHCC, 

previously conducted an economic cost 

impact analysis for this rule. A copy of 

the economic analysis is available for 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72041 

public inspection and copying between 

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

Regulations Division, Office of General 

Counsel, Department of Housing and 

Urban Development, 451 Seventh Street, 

SW., Room 10276, Washington, DC 

20410–0500. The economic analysis 

previously concluded the potential cost 

impact, based on a per home cost, to be 

approximately $77.28 to retailers and 

$96.60 to purchasers or an estimated 

annual cost impact of $13,137,600 to 

retailers and $16,422,000 to purchasers. 

This is based on an estimated annual 

production rate of 170,000 

manufactured homes per year. HUD 

now estimates that the annual projected 

cost impacts indicated in the proposed 

rule have been reduced by more than 40 

percent in the final rule, as a result of 

the removal of the revisions to the truss 

testing procedures from the final rule. 

Further, the final cost estimates would 

be even lower today based on present 

annual production rates, which range 

between 130,000 and 140,000 homes per 

year. In addition, the cost of the 

paperwork burden associated with this 

rule is estimated to be approximately 

$112,000 for the entire industry, which 

is less than an additional $1.00 per unit. 

Additional information about the 

paperwork burden can be found in the 

Paperwork Reduction Act section of the 

preamble. This does not represent a 

significant economic effect on either an 

industry-wide or on a per-unit basis. 

These relatively small increases in 

cost associated with this final rule 

would not impose a significant burden 

for a small business for homes that can 

cost the purchaser between $40,000 and 

$100,000. Therefore, although this rule 

would affect a substantial number of 

small entities, it would not have a 

significant economic impact on them. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits, to the extent 

practicable and permitted by law, an 

agency from promulgating a regulation 

that has federalism implications and 

either imposes substantial direct 

compliance costs on State and local 

governments and is not required by 

statute, or preempts State law, unless 

the relevant requirements of section 6 of 

the Executive Order are met. This rule 

does not have federalism implications 

and does not impose substantial direct 

compliance costs on State and local 

governments or preempt State law 

within the meaning of the Executive 

Order. 

V. Incorporation by Reference 

These reference standards 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 following 

organizations: 

AA—The Aluminum Association, 

1525 Wilson Boulevard, Suite 600, 

Arlington, VA 22209, (703) 358–2960, 

www.aluminum.org. 

AFPA—American Forest and Paper 

Association, 1111 19th Street, NW., 

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

fax (202) 463–5180, www.afandpa.org. 

AHA—American Hardboard 

Association, 1210 West Northwest 

Highway, Palatine, IL 60067, (847) 934–

8800, fax (847) 934–8803, 

www.hardboard.org. 

AISI—American Iron and Steel 

Institute, 1101 17th Street, NW., 

Washington, DC 20036, (202) 452–7100, 

fax (202) 463–6573, www.aisc.org. 

ANSI—American National Standards 

Institute, 25 West 43rd Street, New 

York, NY 10036, (212) 642–4900, fax 

(212) 398–0023, www.ansi.org. 

APA—The Engineered Wood 

Association, 7011 South 19th Street, 

Tacoma, WA 98411, (253) 565–6600, fax 

(253) 565–7265, www.apawood.org. 

ASCE—American Society of Civil 

Engineers, 1015 15th Street, NW., 

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

fax (202) 289–6797, www.asce.org. 

ASHRAE—American Society for 

Heating, Refrigeration and Air 

Conditioning Engineers, 1791 Tuillie 

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

636–8400, fax (404) 321–5478, 

www.ashrae.org. 

ASME—American Society of 

Mechanical Engineers, 22 Law Drive, 

P.O. Box 2900, Fairfield, NJ 07007, 1–

800 843–2763, fax 1–973–882–8113, 

www.asme.org. 

ASSE—American Society of Sanitary 

Engineering, P.O. Box 40362, Bay 

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

(216) 835–3488, www.asseplumbing.org. 

ASTM—American Society for Testing 

and Materials, 100 Barr Harbor Drive, 

West Conshohocken, PA 19428, (610) 

832–9500, fax (610) 832–9555, 

www.astm.org. 

CSA (IAS)—CSA International 

(formerly International Approval 

Services), 8501 East Pleasant Valley 

Road, Cleveland, OH 44131, (216) 524–

4990, fax (216) 642–3463, www.csainternational.org. 

CPA—Composite Panel Association 

(formerly the National Particle-board 

Association) 18928 Premier Court, 

Gaithersburg, MD 20879–1574, (301) 

670–0604, fax (301) 840–1252, 

www.pbmdf.com. 

HPVA—Hardwood Plywood and 

Veneer Association, 1825 Michael 

Faraday Drive, Reston, VA 22090, (703) 

435–2900, fax (703) 435–2537, 

www.hpva.org. 

HUD—Department of Housing and 

Urban Development, Office of 

Manufactured Housing Programs, 451 

Seventh Street, SW., Washington, DC 

20410, (202) 708–6423, fax (202) 708–

4213. 

IAPMO—International Association of 

Plumbing and Mechanical Officials, 

20001 Walnut Drive South, Walnut, CA 

91789, (909) 595–8449, fax (909) 594–

1537, www.iapmo.org. 

IIT—IIT Research Institute, 10 West 

35th Street, Chicago, IL 60616, (312) 

567–3000, fax (312) 567–4167, 

www.iitri.org. 

NEMA—National Electrical 

Manufacturers Association, 1300 North 

17th Street, Suite 1847, Rosslyn, VA 

22209, (703) 841–3200, fax (703) 841–

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

NER—International Code Council 

Evaluation Service [Previously known 

as National Evaluation Service], 5360 

Workman Mill Road, Whittier, CA 

90601–0543. 

NFPA—National Fire Protection 

Association, Batterymarch Park, Quincy, 

MA 02269, (617) 770–3000, fax (617) 

770–0700, www.nfpa.org. 

NFRC—National Fenestration Rating 

Council, Incorporated, 1300 Spring 

Street, Suite 120, Silver Spring, MD 

20910, (301) 589–6372, fax (301) 588–

0854, www.nfrc.org. 

NSF—NSF International, P.O. Box 

130140, Ann Arbor, MI 48113, (313) 

769–8010, fax (313) 769–0109, 

www.nsf.org. 

PS—National Institute of Standards 

and Technology, Voluntary Product 

Standards, Gaithersburg, MD 20810, 

(301) 975–2000, fax (301) 926–1559, 

www.nist.gov. 

SJI—Steel Joist Institute, 1205 48th 

Avenue North, Suite A, Myrtle Beach, 

SC 29577, (803) 626–1995, fax (803) 

449–1343, www.steeljoist.org. 

TPI—Truss Plate Institute, 583 

D’Onofrio Drive, Suite 200, Madison, WI 

53719, (608) 833–5900, fax (608) 833–

4360, www.tpinst.org. 

UL—Underwriters Laboratories, 333 

Pfingsten Road, Northbrook, IL 60062, 

(847) 272–8800, fax (847) 509–6257, 

www.ul.com. 

WDMA (NWWDA)—Window and 

Door Manufacturers Association 

(formerly the National Wood Window 

and Door Association), 1400 East Touhy 

Avenue, Des Plaines, IL 60018, (847) 

299–5200, fax (847) 299–1286, 

www.wdma.com. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance number for Manufactured 

72042 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

Housing Construction and Safety Standards 

is 14.171. 

List of Subjects in 24 CFR Part 3280 

Housing standards, Incorporation by 

reference, Manufactured homes. 

■ Accordingly, for the reasons stated in 

the preamble, HUD is amending 24 CFR 

part 3280 as follows: 

PART 3280—MANUFACTURED HOME 

CONSTRUCTION AND SAFETY 

STANDARDS 

■ 1. The authority citation for part 3280 

continues to read as follows: 

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

5424. 

■ 2. In § 3280.4(b), revise the address for 

HUD User and add the following 

organizations to the list in alphabetical 

order to read as follows: 

§ 3280.4 Incorporation by reference. 

* * * * * 

(b) * * * 

HUD User, 11491 Sunset Hills Road, 

Reston, VA 20190–5254 

* * * 

NEMA—National Electrical Manufacturers 

Association, 1300 North 17th Street, Suite 

1847, Rosslyn, VA 22209 

NER—International Code Council 

Evaluation Service [Previously known as 

National Evaluation Service], 5360 Workman 

Mill Road, Whittier, CA 90601–0543 

* * * 

NFRC—National Fenestration Rating 

Council, 8984 Georgia Avenue, Suite 320, 

Silver Spring, MD 20910 

* * * 

WDMA—Window and Door Manufacturers 

Association [Previously known as the 

National Wood Window and Door 

Association, NWWDA], 1400 East Touhy 

Avenue, Des Plaines, IL 60018 

* * * * * 

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

to read as follows: 

§ 3280.103 Light and ventilation. 

* * * * * 

(b) Whole-house ventilation. Each 

manufactured home 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 nor more 

than 90 cfm. The following criteria must 

be adhered to: 

(1) The ventilation capacity must be 

provided by a mechanical system or a 

combination passive and mechanical 

system. The ventilation system or 

provisions for ventilation must not 

create a positive pressure in Uo Value 

Zone 2 and Zone 3 or a negative 

pressure condition in Uo Value Zone 1. 

Mechanical systems must be balanced. 

Combination passive and mechanical 

systems must have adequately sized 

inlets or exhaust to release any 

unbalanced pressure. Temporary 

pressure imbalances due to gusting or 

high winds are permitted. 

(2) The ventilation system or 

provisions for ventilation must 

exchange air directly with the exterior 

of the home, except the ventilation 

system, or provisions for ventilation 

must not draw or expel air with the 

space underneath the home. The 

ventilation system or provisions for 

ventilation must not draw or expel air 

into the floor, wall, or ceiling/roof 

systems, even if those systems are 

vented. The ventilation system must be 

designed to ensure that outside air is 

distributed to all bedrooms and main 

living areas. The combined use of 

undercut doors or transom grills 

connecting those areas to the room 

where the mechanical system is located 

is deemed to meet this requirement. 

(3) The ventilation system or a portion 

of the system is permitted to be integral 

with the home’s heating or cooling 

system. The system must be capable of 

operating independently of the heating 

or cooling modes. A ventilation system 

that is integral with the heating or 

cooling system is to be listed as part of 

the heating and cooling system or listed 

as suitable for use with that system. 

(4) A mechanical ventilation system, 

or mechanical portion thereof, must be 

provided with a manual control, and 

must be permitted to be provided with 

automatic timers or humidistats. 

(5) A whole-house ventilation label 

must be attached to the whole-house 

ventilation control, must be permanent, 

and must state: ‘‘WHOLE-HOUSE 

VENTILATION’’. 

(6) Instructions for correctly operating 

and maintaining whole-house 

ventilation systems must be included 

with the homeowner’s manual. The 

instructions must encourage occupants 

to operate these systems whenever the 

home is occupied, and must refer to the 

labeled whole-house ventilation control. 

* * * * * 

■ 4. In § 3280.202, revise the definition 

of ‘‘Limited combustible’’ and the 

definition of ‘‘Noncombustible 

material’’ to read as follows: 

§ 3280.202 Definitions. 

* * * * * 

Limited combustible: A material 

meeting: 

(1) The definition contained in 

Chapter 2 of NFPA 220–1995, Standard 

on Types of Building Construction; or 

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

Noncombustible material: A material 

meeting the definition contained in 

Chapter 2 of NFPA 220–1995, Standard 

on Types of Building Construction. 

* * * * * 

■ 5. In § 3280.203, revise paragraph (a) 

introductory text to read as follows: 

§ 3280.203 Flame spread limitations and 

fire protection requirements. 

(a) Establishment of flame spread 

rating. The surface flame spread rating 

of interior-finish material must not 

exceed the value shown in § 3280.203(b) 

when tested by Standard Test Method 

for Surface Burning Characteristics of 

Building Materials, ASTM E84–01, 

2001, or Standard Method of Test of 

Surface Burning Characteristics of 

Building Materials NFPA 255, 1996, 

except that the surface flame spread 

rating of interior-finish materials 

required by § 3280.203(b)(5) and (6) may 

be determined by using the Standard 

Test Method for Surface Flammability of 

Materials Using a Radiant Heat Energy 

Source, ASTM E 162–94. However, the 

following materials need not be tested to 

establish their flame spread rating 

unless a lower rating is required by the 

standards in this part: 

* * * * * 

■ 6. Revise § 3280.206 to read as 

follows: 

§ 3280.206 Fireblocking. 

(a) General. Fireblocking must comply 

with the requirements of this section. 

The integrity of all fireblocking 

materials must be maintained. 

(b) Fireblocking materials. 

Fireblocking must consist of the 

following materials: 

(1) Minimum one inch nominal 

lumber, 5⁄16 inch thick gypsum board, or 

equivalent fire resistive materials; or 

(2) Other Listed or Approved 

Materials; 

(c) Fireblocking locations. (1) 

Fireblocking must be installed in 

concealed spaces of stud walls, 

partitions, and furred spaces at the floor 

and ceiling levels. Concealed spaces 

must not communicate between floor 

levels. Concealed spaces must not 

communicate between a ceiling level 

and a concealed roof area, or an attic 

space. 

(2) Fireblocking must be installed at 

the interconnection of a concealed 

vertical space and a concealed 

horizontal space that occurs: 

(i) Between a concealed wall cavity 

and the ceiling joists above; and 

(ii) At soffits, drop ceilings, cover 

ceilings, and similar locations. 

(3) Fireblocking must be installed 

around the openings for pipes, vents, 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72043 

and other penetrations in walls, floors, 

and ceilings of furnace and water heater 

spaces. Pipes, vents, and other 

penetrations that cannot be moved 

freely within their opening are 

considered to be fireblocked. Materials 

used to fireblock heat producing vent 

penetrations must be noncombustible or 

limited combustible types. 

■ 7. In § 3280.207, revise paragraph 

(a)(4) introductory text to read as 

follows: 

§ 3280.207 Requirements for foam plastic 

thermal insulating materials. 

(a) * * * 

(4) The foam plastic insulating 

material has been tested as required for 

its location in wall and/or ceiling 

cavities in accordance with testing 

procedures described in the Illinois 

Institute of Technology Research 

Institute (IIT) Report, ‘‘Development of 

Mobile Home Fire Test Methods to 

Judge the Fire-Safe Performance of 

Foam Plastic Sheathing and Cavity 

Insulation, IITRI Fire and Safety 

Research Project J–6461, 1979’’ or other 

full-scale fire tests accepted by HUD, 

and it is installed in a manner 

consistent with the way the material 

was installed in the foam plastic test 

module. The materials must be capable 

of meeting the following acceptance 

criteria required for their location: 

* * * * * 

■ 8. In § 3280.303, paragraph (g) is 

revised to read as follows: 

§ 3280.303 General requirements. 

* * * * * 

(g) Alternative test procedures. In the 

absence of recognized testing 

procedures either in the Standards in 

this part or in the applicable provisions 

of those standards incorporated in this 

part by reference, the manufacturer 

electing this option must develop or 

cause to be developed testing 

procedures to demonstrate the structural 

properties and significant characteristics 

of the material, assembly, subassembly 

component, or member, except for 

testing methods involving one-piece 

metal roofing as would be required in 

§ 3280.305(c)(1)(iii). Such testing 

procedures become part of the 

manufacturer’s approved design. Such 

tests must be witnessed by an 

independent licensed professional 

engineer or architect or by a recognized 

testing organization. Copies of the test 

results must be kept on file by the 

manufactured home manufacturer. 

9. In § 3280.304, revise paragraph 

(b)(1) to read as follows: 

§ 3280.304 Materials. 

* * * * * 

(b)(1) Standards for some of the 

generally used materials and methods of 

construction are listed in the following 

table: 

Aluminum 

Aluminum Design Manual, Specifications 

and Guidelines for Aluminum Structures, 

Part 1-A, Sixth Edition, October 1994, and 

Part 1-B, First Edition, October 1994. 

Steel 

Specification for Structural Steel 

Buildings—Allowable Stress Design and 

Plastic Design—AISC–S335, 1989. The 

following parts of this reference standard are 

not applicable: 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.4.6, 

1.5.1.5, 1.5.5, 1.6, 1.7, 1.8, 1.9, 1.10.4 through 

1.10.7, 1.10.9, 1.11, 1.13, 1.14.5, 1.17.7 

through 1.17.9, 1.19.1, 1.19.3, 1.20, 1.21, 

1.23.7, 1.24, 1.25.1 through 1.25.5, 1.26.4, 

2.3, 2.4, 2.8 through 2.10. 

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

1996. 

Specification for the Design of ColdFormed Stainless Steel Structural Members—

SEI/ASCE 8–02, 2002. 

Standard Specifications Load Tables and 

Weight Tables for Steel Joists and Joist 

Girders, SJI, Fortieth Edition, 1994. 

Structural Applications of Steel Cables for 

Buildings—ASCE19, 1996. 

Standard Specification for Strapping, Flat 

Steel and Seals—ASTM D3953, 1991. 

Wood and Wood Products 

Basic Hardboard—ANSI/AHA A135.4–

1995. 

Prefinished Hardboard Paneling—ANSI/ 

AHA A135.5–1995. 

Hardboard Siding—ANSI/AHA A135.6–

1998. 

American National Standard for Hardwood 

and Decorative Plywood—ANSI/HPVA HP–

1–1994 (Approved 1995). 

Structural Design Guide for Hardwood 

Plywood Wall Panels—HPVA Design Guide 

HP–SG–96, 1996. 

For wood products—Structural Glued 

Laminated Timber—ANSI/AITC A190.1–

1992. 

Construction and Industrial Plywood (With 

Typical APA Trademarks)—PS 1–95. 

APA Design/Construction Guide, 

Residential and Commercial—APA E30-P–

1996. 

Design Specifications for Metal Plate and 

Wood Connected Trusses—TPI–85. 

Design and Fabrication of All-Plywood 

Beams—APA H–815E (PDS Supplement #5), 

1995. 

Panel Design Specification—APA D410A, 

2004. 

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

1992. 

Design and Fabrication of Plywood Curved 

Panels—APA–S 811M, Suppl. 1, 1990. 

Design and Fabrication of Plywood 

Sandwich Panels—APA–U 814H, Suppl. 4, 

1990. 

Voluntary Product Standard, Performance 

Standard for Wood-based Structural Use 

Panels—PS 2–92, 1992 (also known as NIST 

Standard PS 2–96). 

Design and Fabrication of Plywood 

Stressed-Skin Panels—APA–U 813L, Suppl. 

3, 1990. 

National Design Specifications for Wood 

Construction, 2001 Edition, with 

Supplement, Design Values for Wood 

Construction, NDS–2001, ANSI/AFPA. 

Wood Structural Design Data, 1989, 

Revised 1992, AFPA. 

Span Tables for Joists and Rafters—PS–20–

70, 1993, AFPA. 

Design Values for Joists and Rafters 1992, 

AFPA. 

Particleboard—ANSI A208.1–1999. 

Voluntary Specifications for Aluminum, 

Vinyl (PVC) and Wood Windows and Glass 

Doors—ANSI/AAMA/NWWDA 101/I.S.2–97. 

Standard Test Methods for Puncture and 

Stiffness of Paperboard, and Corrugated and 

Solid Fiberboard—ASTM D781, 1973. 

Standard Test Methods for Direct Moisture 

Content Measurement of Wood and WoodBase Materials—ASTM D 4442–92 (Reapproved 1997), 1997. 

Standard Test Methods for Use and 

Calibration of Hand-Held Moisture Meters—

ASTM D4444, 1992. 

Other 

Standard Specification for Gypsum 

Wallboard—ASTM C 36/C 36M–99, 1999. 

Fasteners 

National Evaluation Report, Power Driven 

Staples, Nails, and Allied Fasteners for Use 

in All Types of Building Construction—NER–

272, 1997. 

Unclassified 

Minimum Design Loads for Buildings and 

Other Structures—ASCE 7–1988. 

Safety Performance Specifications and 

Methods of Test for Safety Glazing Materials 

Used in Building—ANSI Z97.1–1984. 

* * * * * 

■ 10. In § 3280.305: 

■ A. Add paragraph (c)(1)(iii); 

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

(C) following the table in paragraph 

(c)(3)(i); 

■ C. Add paragraph (c)(3)(iv); 

■ D. Revise paragraph (e); 

■ E. Redesignate paragraphs (g)(3) 

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

through (g)(6); 

■ F. Add new paragraph (g)(3); 

■ G. Redesignate paragraph (i)(l) as 

follows: 

Old paragraph New paragraph 

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

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

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

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

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

■ H. Reserve vacated paragraph (i); and 

■ I. Revise newly redesignated 

paragraph (j)(1) to read as follows: 

§ 3280.305 Structural design requirements. 

* * * * * 

(c) * * * 

72044 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

(1) * * * 

(iii) One-piece metal roofing capable 

of resisting the design wind pressures 

for ‘‘Components and Cladding: 

(Exterior roof coverings)’’ in the Table 

for Design Wind Pressures in this 

section is allowed to be used without 

structural sheathing, provided the metal 

roofing is tested using procedures that 

have been approved by HUD and that 

meet all requirements of §§ 3280.303(c) 

and (g) and 3280.401. 

* * * * * 

(3) * * * 

(i) * * * 

(A) North Roof Load Zone. The 

following counties in each of the 

following states are deemed to be within 

the North Roof Load Zone: 

Maine—Aroostook, Piscataquis, 

Somerset, Penobscot, Waldo, Knox, 

Hancock, and Washington. 

Alaska—All Counties 

(B) Middle Roof Load Zone. The 

following counties in each of the 

following states are deemed to be within 

the Middle Roof Load Zone: 

States Counties 

South Dakota ..................... Grant Brookings Hanson Lincoln 

Codington Miner Minnehaha Yankton 

Deuel Lake Hutchinson Union 

Hamlin Moody Turner Clay 

Kingsbury McCook 

Minnesota .......................... Koochiching Stearns Renville Sibley 

Itasca Swift McLeod Nicollet 

Hubbard Kandiyohi Carver Blue Earth 

Cass Meeker Dakota Martin 

Crow Wing Wright Goodhue Watonwan 

Aitkin Lac qui Parle Wabasha Brown 

St. Louis Chippewa Winona Redwood 

Lake Yellow Medicine Fillmore Lyon 

Cook Mille Lacs Mower Lincoln 

Carlton Kanabec Olmsted Pipestone 

Pine Benton Dodge Murray 

Wadena Isanti Rice Cottonwood 

Todd Sherburne Steele Jackson 

Morrison Anoka Freeborn Nobles 

Douglas Chisapo Faribault Rock 

Grant Washington Waseca St. Croix 

Stevens Hennepin Le Sueur 

Pope Ramsey Scott 

Iowa ................................... Hanock Mitchell Hamilton Buena Vista 

Lyon Howard Webster Cherokee 

Osceola Chickasaw Calhoun Plymouth 

Dickinson Butler Sac Sioux 

Emmet Floyd Ida O’Brien 

Kossuth Cerro Gordo Humboldt Clay 

Winnebago Franklin Pocahontas Wright 

Worth Hardin Palo Alto Crawford 

Wisconsin .......................... Douglas Oconto Pepin Lincoln 

Bayfied Menominee Pierce Oneida 

Ashland Langlade Dunn Polk 

Iron Marathon Eau Claire Burnett 

Vilas Clark Chippewa Washburn 

Forest Jackson Rusk Sawyer 

Florence Trempealeau Barron Price 

Marinette Buffalo Taylor Doon 

Michigan ............................ Houghton Iron Presque Isle Wexford 

Baraga Dickinson Charlevoix Benzie 

Marquette Menominee Montmorency Grand Traverse 

Alger Delta Alpena Kalkaska 

Luce Schoolcraft Alcona Oscoda 

Chippewa Mackinaw Ogemaw Otsego 

Keweenaw Cheyboygan Roscommon Leelanau 

Ontonagon Emmet Missaukee Antrim 

Gogebic 

New York ........................... St. Lawrence Herkimer Onondage Genesee 

Franklin Lewis Madison Orleans 

Clinton Oswego Cayuga Niagara 

Essex Jefferson Seneca Erie 

Hamilton Oneida Wayne Wyoming 

Warren Fulton Ontario Monroe 

Saratoga Montgomery Yates 

Washington Schenectady Livingston 

Massachusetts ................... Essex 

Maine ................................. Franklin Kennebec Lincoln Cumberland 

Oxford Androscoggin Sagadahoc York 

Montana ............................. All Counties 

Idaho .................................. All Counties 

Colorado ............................ All Counties 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72045 

Wyoming ............................ All Counties 

Utah ................................... All Counties 

Vermont ............................. Franklin Orleans Caledonia Addison 

Grand Isle Essex Washington Rutland 

Lamoille Chittendon Orange Windsor 

New Hampshire ................. Coos Belknap Sullivan Hillsborough 

Grafton Strafford Rockingham Cheshire 

Carroll Merrimack 

(C) South Roof Load Zone. The states 

and counties that are not listed for the 

North Roof Load Zone in paragraph 

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

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

of this section, are deemed to be within 

the South Roof Load Zone. 

* * * * * 

(iv) Skylights must be capable of 

withstanding roof loads as specified in 

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

section. Skylights must be listed and 

tested in accordance with AAMA 1600/ 

I.S.7–00, 2003, Voluntary Specification 

for Skylights. 

* * * * * 

(e) Fastening of structural systems. (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. 

(2) For Wind Zone II and Wind Zone 

III, roof framing members must be 

securely fastened at the vertical bearing 

points to resist design overturning, 

uplift, and sliding forces. When 

engineered connectors are not installed, 

roof framing members must be secured 

at the vertical bearing points to wall 

framing members (studs), and wall 

framing members (studs) must be 

secured to floor framing members, with 

0.016 inch base metal, minimum steel 

strapping or engineered connectors, or 

by a combination of 0.016 inch base 

metal, minimum steel strapping or 

engineered connectors, and structuralrated wall sheathing that overlaps the 

roof and floor system if substantiated by 

structural analysis or by suitable load 

tests. Steel strapping or engineered 

connectors are to be installed at a 

maximum spacing of 24 inches on 

center in Wind Zone II, and 16 inches 

on center in Wind Zone III. Exception: 

Where substantiated by structural 

analysis or suitable load tests, the 0.016 

inch base metal minimum steel 

strapping or engineered connectors may 

be omitted at the roof to wall and/or 

wall to floor connections, when 

structural rated sheathing that overlaps 

the roof and wall and/or wall and floor 

is capable of resisting the applicable 

design wind loads. 

* * * * * 

(g) * * * 

(3) Wood panel products used as floor 

or subfloor materials on the exterior of 

the home, such as in recessed 

entryways, must be rated for exterior 

exposure and protected from moisture 

by sealing or applying nonabsorbent 

overlay with water resistant adhesive. 

* * * * * 

(j) Welded connections. (1) All welds 

must be made in accordance with the 

applicable provisions of the 

Specification for Structural Steel 

Buildings, Allowable Stress Design and 

Plastic Design, AISC–S335, 1989; the 

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

1996; and the Specification for the 

Design of Cold-Formed Stainless Steel 

Structural Members, SEI/ASCE 8–02, 

2002. 

* * * * * 

■ 11. In § 3280.306, revise paragraph 

(b)(1) to read as follows: 

§ 3280.306 Windstorm protection. 

* * * * * 

(b) Contents of instructions. (1) The 

manufacturer must provide printed 

instructions with each manufactured 

home that specify the location and 

required capacity of stabilizing devices 

on which the home’s design is based. 

The manufacturer must identify by 

paint, label, decal stencil, or other 

means: the location of each column 

support pier location required along the 

marriage line(s) of multi-section 

manufactured homes; each pier location 

required along the perimeter of the 

home; each required shear wall pier 

support; and any other special pier 

support locations specified in the 

manufacturer’s printed instructions. 

Such identifications must be visible 

after the home is installed. The 

manufacturer must provide drawings 

and specifications, certified by a 

registered professional engineer or 

architect, that indicate at least one 

acceptable system of anchoring, 

including the details or required straps 

or cables, their end connections, and all 

other devices needed to transfer the 

wind loads from the manufactured 

home to an anchoring or foundation 

system. 

* * * * * 

■ 12. In § 3280.401, revise paragraphs 

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

§ 3280.401 Structural load tests. 

* * * * * 

(a) Proof load tests. Every structural 

assembly tested must be capable of 

sustaining its dead load plus 

superimposed live loads equal to 1.75 

times the required live loads for a 

period of 12 hours without failure. Tests 

must be conducted with loads applied 

and deflections recorded in 1⁄4 design 

live load increments at 10-minute 

intervals until 1.25 times design live 

load plus dead load has been reached. 

Additional load shall then be applied 

continuously until 1.75 times design 

live load plus dead load has been 

reached. Assembly failure shall be 

considered as design live load 

deflection (or residual deflection 

measured 12 hours after live load 

removal) that is greater than the limits 

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

excessive yielding. Design live load 

deflection criteria do not apply when 

the structural assembly being evaluated 

does not include structural framing 

members. An assembly to be tested shall 

be of the minimum quality of materials 

and workmanship of the production. 

Each test assembly, component, or 

subassembly shall be identified as to 

type and quality or grade of material. 

All assemblies, components, or 

subassemblies qualifying under this test 

shall be subject to a continuing 

qualification testing program acceptable 

to HUD. 

(b) Ultimate load tests. Ultimate load 

tests must be performed on a minimum 

of three assemblies or components to 

generally evaluate the structural design. 

Every structural assembly or component 

tested must be capable of sustaining its 

total dead load plus the design live load 

increased by a factor of safety of at least 

2.5. A factor of safety greater than 2.5 

shall be used when required by an 

applicable reference standard in 

§ 3280.304(b)(1). Tests shall be 

conducted with loads applied and 

deflections recorded in 1/4 design live 

load increments at 10-minute intervals 

72046 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

until 1.25 times design live load plus 

dead load has been reached. Additional 

loading shall then be applied 

continuously until failure occurs, or the 

total of the factor of safety times the 

design live load plus the dead load is 

reached. Assembly failure shall be 

considered as design live load 

deflection greater than the limits set in 

§ 3280.305(d), rupture, fracture, or 

excessive yielding. Design live load 

deflection criteria do not apply when 

the structural assembly being evaluated 

does not include structural framing 

members. Assemblies to be tested shall 

be representative of average quality or 

materials and workmanship of the 

production. Each test assembly, 

component, or subassembly shall be 

identified as to type and quality or grade 

of material. All assemblies, components, 

or subassemblies qualifying under this 

test shall be subject to a periodic 

qualification testing program acceptable 

to HUD. 

■ 13. In § 3280.403, revise paragraph (b), 

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

read as follows: 

§ 3280.403 Standard for windows and 

sliding glass doors used in manufactured 

homes. 

* * * * * 

(b) Standard. All primary windows 

and sliding glass doors shall comply 

with AAMA 1701.2–95, Voluntary 

Standard Primary Window and Sliding 

Glass Door for Utilization in 

Manufactured Housing, except the 

exterior and interior pressure tests must 

be conducted at the design wind loads 

required for components and cladding 

specified in § 3280.305(c)(1). 

* * * * * 

(d) * * * 

(2) Sealed insulating glass, where 

used, must meet all performance 

requirements for Class C in accordance 

with ASTM E 774–97, Standard 

Specification for the Classification of 

the Durability of Sealed Insulating Glass 

Units. The sealing system must be 

qualified in accordance with ASTM E 

773–97, Standard Test Methods for 

Accelerated Weathering of Sealed 

Insulating Glass Units. Each glass unit 

must be permanently identified with the 

name of the insulating glass 

manufacturer. 

(e) Certification. All primary windows 

and sliding glass doors to be installed in 

manufactured homes must be certified 

as complying with AAMA 1701.2–95. 

This certification must be based on tests 

conducted at the design wind loads 

specified in § 3280.305(c)(1). 

(1) All such windows and doors must 

show evidence of certification by 

affixing a quality certification label to 

the product in accordance with ANSI 

Z34.1–1993, Third-Party Certification 

Programs for Products, Processes, and 

Services. 

(2) In determining certifiability of the 

products, an independent quality 

assurance agency shall conduct preproduction specimen tests in 

accordance with AAMA 1701.2–95. 

Further, such agency must inspect the 

product manufacturer’s facility at least 

twice per year. 

* * * * * 

■ 14. In § 3280.404, revise paragraph (b) 

to read as follows: 

§ 3280.404 Standard for egress windows 

and devices for use in manufactured 

homes. 

* * * * * 

(b) Performance. Egress windows 

including auxiliary frame and seals, if 

any, shall meet all requirements of 

AAMA 1701.2–95, Voluntary Standard 

Primary Window and Sliding Glass 

Door for Utilization in Manufactured 

Housing and AAMA Standard 1704–

1985, Voluntary Standard Egress 

Window Systems for Utilization in 

Manufactured Housing, except the 

exterior and interior pressure tests for 

components and cladding must be 

conducted at the design wind loads 

required by § 3280.305(c)(1). 

* * * * * 

■ 15. In § 3280.405, revise paragraphs 

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

§ 3280.405 Standard for swinging exterior 

passage doors for use in manufactured 

homes. 

* * * * * 

(b) Performance requirements. The 

design and construction of exterior door 

units must meet all requirements of 

AAMA 1702.2–95, Voluntary Standard 

Swinging Exterior Passage Door for 

Utilization in Manufactured Housing. 

(c) Materials and methods. Any 

material or method of construction shall 

conform to the performance 

requirements as outlined in paragraph 

(b) of this section. Plywood shall be 

exterior type and preservative treated in 

accordance with NWWDA I.S.4–81, 

Water Repellent Preservative NonPressure Treatment for Millwork. 

* * * * * 

(e) Certification. All swinging exterior 

doors to be installed in manufactured 

homes must be certified as complying 

with AAMA 1702.2–95, Voluntary 

Standard Swinging Exterior Passage 

Door for Utilization in Manufactured 

Housing. 

(1) All such doors must show 

evidence of certification by affixing a 

quality certification label to the product 

in accordance with ANSI Z34.1–1993, 

Third Party Certification Programs for 

Products, Processes, and Services. 

(2) In determining certifiability of the 

products, an independent quality 

assurance agency must conduct a preproduction specimen test in accordance 

with AAMA 1702.2–95, Voluntary 

Standard Swinging Exterior Passage 

Door for Utilization in Manufactured 

Housing. 

* * * * * 

■ 16. In § 3280.406, revise the 

introductory text in paragraph (b) to 

read as follows: 

§ 3280.406 Air chamber test method for 

certification and qualification of 

formaldehyde emission levels. 

* * * * * 

(b) Testing. Testing must be 

conducted in accordance with the 

Standard Test Method for Determining 

Formaldehyde Levels from Wood 

Products Under Defined Test Conditions 

Using a Large Chamber, ASTM E 1333–

96, with the following exceptions: 

* * * * * 

■ 17. In § 3280.504, revise paragraph 

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

follows: 

§ 3280.504 Condensation control and 

installation of vapor retarders. 

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

Value Zones 2 and 3, ceilings must have 

a vapor retarder with a permeance of not 

greater than 1 perm (as measured by 

ASTM E 96–95 Standard Test Methods 

for Water Vapor Transmission of 

Materials) installed on the living space 

side of the roof cavity. 

* * * * * 

(b) Exterior walls. (1) Exterior walls 

must have a vapor retarder with a 

permeance no greater than 1 perm (dry 

cup method) installed on the living 

space side of the wall; or 

(2) Unventilated wall cavities must 

have an external covering and/or 

sheathing that forms the pressure 

envelope. The covering and/or 

sheathing must have a combined 

permeance of not less than 5.0 perms. In 

the absence of test data, combined 

permeance is permitted to be computed 

using the following formula: P total = 

(1/[(1/P1) + (1/P2)]), where P1 and P2 are 

the permeance values of the exterior 

covering and sheathing in perms. 

Formed exterior siding applied in 

sections with joints not caulked or 

sealed, are not considered to restrict 

water vapor transmission; or 

(3) Wall cavities must be constructed 

so that ventilation is provided to 

dissipate any condensation occurring in 

these cavities; or 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72047 

(4) Homes manufactured to be sited in 

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

as shown on the Humid and Fringe 

Climate Map in this paragraph are 

permitted to have a vapor retarder 

specified in paragraph (b)(1) of this 

section installed on the exterior side of 

the wall insulation or be constructed 

with an external covering and sheathing 

with a combined permeance of not 

greater than 1.0 perms, provided the 

interior finish and interior wall panel 

materials have a combined permeance 

of not less than 5.0 perms. The 

following need not meet the minimum 

combined permeance rating of not less 

than 5.0 perms for interior finish or wall 

panel materials: 

(i) Kitchen back splash materials, less 

than 50 square feet in area installed 

around countertops, sinks, and ranges; 

(ii) Bathroom tub areas, shower 

compartments; 

(iii) Cabinetry and built-in furniture; 

(iv) Trim materials; 

(v) Hardboard wall paneling of less 

than 50 square feet in area under chair 

rails. 

(5) The following areas of local 

governments (counties or similar areas, 

unless otherwise specified), listed by 

state are deemed to be within the humid 

and fringe climate areas shown on the 

Humid and Fringe Climate Map in 

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

vapor retarder or construction methods 

specified in paragraph (b)(4) of this 

section may be applied to homes built 

to be sited within these jurisdictions: 

Alabama 

Baldwin, Barbour, Bullock, Butler, 

Choctaw, Clarke, Coffee, Conecuh, 

Covington, Crenshaw, Dale, Escambia, 

Geneva, Henry, Houston, Lowndes, 

Marengo, Mobile, Monroe, Montgomery, 

Pike, Washington, Wilcox. 

Florida 

All counties and locations within the 

State of Florida. 

Georgia 

Appling, Atkinson, Bacon, Baker, Ben 

Hill, Berrien, Brantley, Brooks, Bryan, 

Calhoun, Camden, Charlton, Chatham, 

Clay, Clinch, Coffee, Colquitt, Cook, 

Crisp, Decatur, Dougherty, Early, 

Echols, Effingham, Evans, Glynn, 

Wayne, Grady, Irwin, Jeff Davis, Lanier, 

Lee, Liberty, Long, Lowndes, McIntosh, 

Miller, Mitchell, Pierce, Quitman, 

Randolph, Seminole, Tattnall, Terrell, 

Thomas, Tift, Turner, Ware, Worth. 

Hawaii 

All counties and locations within the 

State of Hawaii. 

Louisiana 

All counties and locations within the 

State of Louisiana. 

Mississippi 

Adams, Amite, Claiborne, Clarke, 

Copiah, Covington, Forrest, Franklin, 

George, Greene, Hancock, Harrison, 

Hinds, Issaquena, Jackson, Jasper, 

Jefferson, Jefferson Davis, Jones, Lamar, 

Lawrence, Lincoln, Pearl River, Perry, 

Pike, Rankin, Simpson, Smith, Stone, 

Walthall, Warren, Wayne, Wilkinson. 

North Carolina 

Brunswick, Carteret, Columbus, New 

Hanover, Onslow, Pender. 

South Carolina 

Jasper, Beaufort, Colleton, Dorchester, 

Charleston, Berkeley, Georgetown, 

Horry. 

Texas 

Anderson, Angelina, Aransas, 

Atascosa, Austin, Bastrop, Bee, Bexar, 

Brazoria, Brazos, Brooks, Burleson, 

Caldwell, Calhoun, Cameron, Camp, 

Cass, Chambers, Cherokee, Colorado, 

Comal, De Witt, Dimmit, Duval, Falls, 

Fayette, Fort Bend, Franklin, Freestone, 

Frio, Galveston, Goliad, Gonzales, 

Gregg, Grimes, Guadalupe, Hardin, 

Harris, Harrison, Hays, Henderson, 

Hidalgo, Hopkins, Houston, Jackson, 

Jasper, Jefferson, Jim Hogg, Jim Wells, 

Karnes, Kaufman, Kennedy, Kinney, 

Kleberg, La Salle, Lavaca, Lee, Leon, 

Liberty, Limestone, Live Oak, Madison, 

Marion, Matagorda, Maverick, 

McMullen, Medina, Milam, 

Montgomery, Morris, Nacogdoches, 

Navarro, Newton, Nueces, Orange, 

Panola, Polk, Rains, Refugio, Robertson, 

Rusk, Sabine, San Augustine, San 

Jacinto, San Patricio, Shelby, Smith, 

Starr, Titus, Travis, Trinity, Tyler, 

Upshur, Uvalde, Val Verde, Van Zandt, 

Victoria, Walker, Waller, Washington, 

Webb, Wharton, Willacy, Williamson, 

Wilson, Wood, Zapata, Zavala. 

* * * * * 

■ 18. In § 3280.508, revise paragraphs 

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


ER30NO05.067</GPH>
72048 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

§ 3280.508 Heat loss, heat gain, and 

cooling load calculations. 

(a) Information, values and data 

necessary for heat loss and heat gain 

determinations must be taken from the 

1997 ASHRAE Handbook of 

Fundamentals, Inch-Pound Edition, 

chapters 22 through 27. The following 

portions of those chapters are not 

applicable: 

23.1 Steel Frame Construction 

23.2 Masonry Construction 

23.3 Foundations and Floor Systems 

23.15 Pipes 

23.17 Tanks, Vessels, and Equipment 

23.18 Refrigerated Rooms and 

Buildings 

24.18 Mechanical and Industrial 

Systems 

25.19 Commercial Building Envelope 

Leakage 

27.9 Calculation of Heat Loss from 

Crawl Spaces 

(b) The calculation of the 

manufactured home’s transmission heat 

loss coefficient (Uo) must be in 

accordance with the fundamental 

principles of the 1997 ASHRAE 

Handbook of Fundamentals, Inch-Pound 

Edition, and, at a minimum, must 

address all the heat loss or heat gain 

considerations in a manner consistent 

with the calculation procedures 

provided in the document, Overall Uvalues and Heating/Cooling Loads—

Manufactured Homes—February 1992–

PNL 8006, HUD User No. 0005945. 

* * * * * 

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

windows, skylights, and the glazed 

portions of any door) must be based on 

tests using AAMA 1503.1–1988, 

Voluntary Test Method for Thermal 

Transmittance and Condensation 

Resistance of Windows, Doors, and 

Glazed Wall Sections, or the National 

Fenestration Rating Council 100, 1997 

Edition, Procedure for Determining 

Fenestration Product U-factors. In the 

absence of tests, manufacturers are to 

use the residential window U values 

contained in Chapter 29, Table 5 of the 

1997 ASHRAE Handbook of 

Fundamentals, Inch-Pound Edition. In 

the event that the classification of the 

window type is indeterminate, the 

manufacturer must use the classification 

that gives the higher U value. Where a 

composite of materials from two 

different product types is used, the 

product is to be assigned the higher U 

value. For the purpose of calculating Uo

values, storm windows are treated as an 

additional pane. 

* * * * * 

■ 19. In § 3280.510, add paragraph (d) to 

read as follows: 

§ 3280.510 Heat loss certificate. 

* * * * * 

(d) The following additional 

statement must be provided on the 

heating certificate and data plate 

required by § 3280.5 when the home is 

built with a vapor retarder of not greater 

than one perm (dry cup method) on the 

exterior side of the insulation: ‘‘This 

home is designed and constructed to be 

sited only in humid or fringe climate 

regions as shown on the Humid and 

Fringe Climate Map.’’ A reproduction of 

the Humid and Fringe Climate Map in 

§ 3280.504 is to be provided on the 

heating certificate and data plate. The 

map must be not less than 31⁄2 inch x 

21⁄4 inch in size and may be combined 

with the Uo Value Zone Map for 

Manufactured Housing in § 3280.506. 

■ 20. In § 3280.604, revise paragraph 

(b)(2) and the table following paragraph 

(b)(2) to read as follows: 

§ 3280.604 Materials. 

* * * * * 

(b) * * * 

(2) When a plastic material or 

component is not covered by the 

Standards in the following table, it must 

be certified as non-toxic in accordance 

with ANSI/NSF 61–2001, Drinking 

water system components—Health 

effects. 

Ferrous Pipe and Fittings 

Gray Iron Threaded Fittings—ANSI/ASME 

B16.4–1992. 

Malleable Iron Threaded Fittings—ANSI/ 

ASME B16.3–1992. 

Material and Property Standard for Special 

Cast Iron Fittings—IAPMO PS 5–84. 

Welding and Seamless Wrought Steel 

Pipe—ANSI/ASME B36.10–1979. 

Standard Specification for Pipe, Steel, 

Black and Hot-Dipped, Zinc-Coated, Welded 

and Seamless—ASTM A53–93. 

Pipe Threads, General Purpose (Inch)—

ANSI/ASME B1.20.1–1983. 

Standard Specification for Cast Iron Soil 

Pipe and Fittings—ASTM A74–92. 

Standard Specification for Hubless Cast 

Iron Soil Pipe and Fittings for Sanitary and 

Storm Drain, Waste, and Vent Piping 

Applications—CISPI–301–90. 

Nonferrous Pipe and Fittings 

Standard Specification for Seamless 

Copper Pipe, Standard Sizes—ASTM B42–

93. 

Standard Specification for General 

Requirements for Wrought Seamless Copper 

and Copper-Alloy Tube—ASTM B251–93. 

Standard Specification for Seamless 

Copper Water Tube—ASTM B88–93. 

Standard Specification for Copper Drainage 

Tube (DWV)—ASTM B306–92. 

Wrought Copper and Copper Alloy SolderJoint Pressure Fitting—ASME/ANSI B16.22–

1989. 

Wrought Copper and Wrought Copper 

Alloy Solder-Joint Drainage Fittings-DWV—

ASME/ANSI B16.29–1986. 

Cast Copper Alloy Solder-Joint Pressure 

Fittings—ANSI B16.18–1984. 

Cast Copper Alloy Solder-Joint Drainage 

Fittings-DWV—ASME B16.23–1992. 

Cast Copper Alloy Fittings for Flared 

Copper Tubes—ASME/ANSI B16.26–1988. 

Standard Specification for Seamless Red 

Brass Pipe, Standard Sizes—ASTM B43–91. 

Cast Bronze Threaded Fittings, Classes 125 

and 250—ANSI/ASME B16.15–1985. 

Plastic Pipe and Fittings 

Standard Specification AcrylonitrileButadiene-Styrene (ABS) Schedule 40 Plastic 

Drain, Waste, and Vent Pipe and Fittings—

ASTM D2661–91. 

Standard Specification for Poly (Vinyl 

Chloride) (PVC) Plastic Drain, Waste, and 

Vent Pipe and Fittings—ASTM D2665–91b. 

Standard Specification for Drain, Waste, 

and Vent (DWV) Plastic Fittings Patterns—

ASTM D3311–92. 

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

Plastic Drain, Waste, and Vent Pipe With a 

Cellular Core—ASTM F628–91. 

Standard Specification for Chlorinated 

Poly (Vinyl Chloride) (CPVC) Plastic Hotand Cold-Water Distribution Systems—

ASTM D2846–92. 

Standard Specification for Polybutylene 

(PB) Plastic Hot- and Cold-Water Distribution 

Systems—ASTM D3309–92a. 

Plastic Piping Components and Related 

Materials—ANSI/NSF 14–1990. 

Miscellaneous 

Standard Specification for Rubber Gaskets 

for Cast Iron Soil Pipe and Fittings—ASTM 

C564–88. 

Backflow Valves—ANSI A112.14.1–1975. 

Plumbing Fixture Setting Compound—TTP 

1536A–1975. 

Material and Property Standard for Cast 

Brass and Tubing P-Traps—IAPMO PS 2–89. 

Relief Valves and Automatic Gas Shutoff 

Devices for Hot Water Supply Systems—

ANSI Z21.22–1986, With Addendum 

Z21.22a-1990. 

Standard Specification for Solvent Cement 

for Acrylonitrile-Butadiene-Styrene (ABS) 

Plastic Pipe and Fittings—ASTM D2235–88. 

Standard Specification for Solvent 

Cements for Poly (Vinyl Chloride) (PVC) 

Plastic Piping Systems—ASTM D2564–91a. 

Specification for Neoprene Rubber Gaskets 

for HUB and Spigot Cast Iron Soil Pipe and 

Fittings—CISPI–HSN–85. 

Plumbing System Components for 

Manufactured Homes and Recreational 

Vehicles—ANSI/NSF 24–1988. 

Material and Property Standard for 

Diversion Tees and Twin Waste Elbow—

IAPMO PS 9–84. 

Material and Property Standard for 

Flexible Metallic Water Connectors—IAPMO 

PS 14–89. 

Material and Property Standard for 

Dishwasher Drain Airgaps—IAPMO PS 23–

89. 

Material and Property Standards for 

Backflow Prevention Assemblies—IAPMO PS 

31–91. 

Performance Requirements for Air 

Admittance Valves for Plumbing Drainage 

Systems, Fixture and Branch Devices—ASSE 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72049 

Standard #1051, 1990 Revised: 1996/ANSI 

1998. 

Drinking Water System Components–

Health Effects—ANSI/NSF 61–2001. 

Plumbing Fixtures 

Plumbing Fixtures (General 

Specifications)—FS WW–P–541E/GEN–1980. 

Vitreous China Plumbing Fixtures—ANSI/ 

ASME A112.19.2(M)–1990. 

Enameled Cast Iron Plumbing Fixtures—

ANSI/ASME A112.19.1M–1987. 

Porcelain Enameled Formed Steel 

Plumbing Fixtures—ANSI/ASME 

A112.19.4(M)–1984. 

Plastic Bathtub Units with Addenda 

Z124.1a–1990 and Z124.16–1991—ANSI 

Z124.1–1987. 

Standard for Porcelain Enameled Formed 

Steel Plumbing Fixtures—IAPMO TSC 22–

85. 

Plastic Shower Receptors and Shower 

Stalls with Addendum Z124.2a–1990—ANSI 

Z124.2–1987. 

Stainless Steel Plumbing Fixtures 

(Designed for Residential Use)—ANSI/ASME 

A112.19.3M–1987. 

Material and Property Standard for Drains 

for Prefabricated and Precast Showers—

IAPMO PS 4–90. 

Plastic Lavatories with Addendum 

Z124.3a–1990—ANSI Z124.3–1986. 

Safety Performance Specifications and 

Methods of Test for Safety Glazing Materials 

Used in Building—ANSI Z97.1–1984. 

Water Heater Relief Valve Drain Tubes—

ASME A112.4.1–1993. 

Flexible Water Connectors—ASME 

A112.18.6–1999. 

Performance Requirements for Backflow 

Protection Devices and Systems in Plumbing 

Fixture Fittings—ASME A112.18.3M–1996. 

Non-Vitreous Ceramic Plumbing Fixtures—

ASME A112.19.9M–1991. 

Dual Flush Devices for Water Closets—

ASME A119.19.10–1994. 

Deck Mounted Bath/Shower Transfer 

Valves with Integral Backflow Protection—

ASME A112.18.7–1999. 

Plastic Fittings for Connecting Water 

Closets to the Sanitary Drainage System—

ASME A112.4.3–1999. 

Hydraulic Performance Requirements for 

Water Closets and Urinals, ASME A112.19.6–

1995. 

Plumbing Fixture Fittings—ASME/ANSI 

A112.18.1M–1989. 

Trim for Water Closet, Bowls, Tanks, and 

Urinals—ANSI A112.19.5–1979. 

Plastic Water Closets, Bowls, and Tanks 

with Addenda Z124.4a-1990—ANSI Z124.4–

1986. 

ANSI Z124.5, Plastic Toilet (Water Closets) 

Seats, 1997. 

ANSI Z124.7, Prefabricated Plastic Spa 

Shells, 1997. 

Whirlpool Bathtub Appliances—ASME/ 

ANSI A112.19.7M–1987. 

ANSI Z–124.9, Plastic Urinal Fixtures, 

1994. 

Performance Requirements for Individual 

Thermostatic Pressure Balancing and 

Combination Control for Bathing Facilities—

ASSE 1016–1988 (ANSI 1990). 

Performance Requirements for Pressurized 

Flushing Devices (Flushometers) for 

Plumbing Fixtures—ASSE 1037–1990 

(ANSI–1990). 

Performance Requirements for Water 

Closet Flush Tank Fill Valves (Ballcocks)—

ASSE 1002 Revision 5–1986 (ANSI/ASSE–

1979). 

Performance Requirements for Hand-held 

Showers—ASSE 1014–1989 (ANSI–1990). 

Hydrants for Utility and Maintenance 

Use—ANSI/ASME A112.21.3M–1985. 

Performance Requirements for Home 

Laundry Equipment—ASSE 1007–1986. 

Performance Requirements for Hot Water 

Dispensers, Household Storage Type 

Electrical—ASSE 1023, (ANSI/ASSE–1979). 

Plumbing Requirements for Residential 

Use (Household) Dishwashers—ASSE 1006, 

(ASSE/ANSI–1986). 

Performance Requirements for Household 

Food Waste Disposer Units—ASSE 1008–

1986. 

Performance Requirements for 

Temperature Activated Mixing Valves for 

Primary Domestic Use—ASSE 1017–1986. 

Water Hammer Arresters—ANSI 

A112.26.1–1969 (R 1975). 

Suction Fittings for Use in Swimming 

Pools, Wading Pools, Spas, Hot Tubs, and 

Whirlpool Bathtub Appliances—ASME/ANSI 

A112.19.8M–1989. 

Air Gaps in Plumbing Systems—ASME 

A112.1.2–1991. 

Performance Requirements for Diverters for 

Plumbing Faucets with Hose Spray, AntiSiphon Type, Residential Applications—

ASSE 1025 (ANSI/ASSE–1978). 

Performance Requirements for Pipe 

Applied Atmospheric Type Vacuum 

Breakers—ASSE 1001 (ASSE/ANSI–1990). 

Performance Requirements for Hose 

Connection Vacuum Breakers—ASSE 1011–

1981 (ANSI–1982). 

Performance Requirements for Wall 

Hydrants, Frost Proof Automatic Draining, 

Anti-Backflow Types—ANSI/ASSE 1019–

1978. 

■ 21. In § 3280.607, add new paragraph 

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

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

through (vi), respectively, add new 

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

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

§ 3280.607 Plumbing fixtures. 

(a) * * * 

(6) Water conservation. All lavatory 

faucets, showerheads, and sink faucets 

must not exceed a flow of 2.5 gallons 

per minute (gpm). 

(b) * * * 

(2) * * * 

(iii) All water closets must be low 

consumption (1.6 gallons per flush 

(gpf)) closets. 

* * * * * 

(c) * * * 

(6) * * * 

(iv) Electrical. Wiring must comply 

with the National Electrical Code NFPA 

70–1996, Section 680G. 

■ 22. In § 3280.703, revise the table 

following the introductory text to read 

as follows: 

§ 3280.703 Minimum standards. 

* * * * * 

Appliances 

Heating and Cooling Equipment, Second 

Edition, with 1999 revisions—UL 1995, 1995. 

Liquid Fuel-Burning Heating Appliances 

for Manufactured Homes and Recreational 

Vehicles, Seventh Edition, with 1997 

revisions—UL 307A–1995. 

Fixed and Location-Dedicated Electric 

Room Heaters, Second Edition, with 1998 

revisions—UL 2021–1997. 

Electric Baseboard Heating Equipment, 

Fourth Edition, with 1998 revisions—UL 

1042–1994. 

Electric Central Air Heating Equipment—

UL 1096-Fourth Edition-1986 with revisions 

July 16, 1986, and January 30, 1988. 

Gas Burning Heating Appliances for 

Manufactured Homes and Recreational 

Vehicles, Fourth Edition, with 1998 

revisions—UL 307B–1995. 

Gas Clothes Dryers Volume 1, Type 1 

Clothes Dryers—ANSI Z21.5.1–/CSA 7.1–

M99—1999 with Addendum Z21.5.1a–1999. 

Gas Fired Absorption Summer Air 

Conditioning Appliances—ANSI Z21.40.1/ 

CGA 2.91–M961996. 

Gas-Fired Central Furnaces (Except Direct 

Vent System Central Furnaces)—ANSI 

Z21.47–1990 with Addendum Z21.47a–1990 

and Z21.47b–1992. 

Household Cooking Gas Appliances—ANSI 

Z21.1–2000. 

Refrigerators Using Gas Fuel—ANSI 

Z21.19–1990, with Addendum ANSI 

Z21.19a–1992 and Z21.19b–1995. 

Gas Water Heaters—Volume 1, Storage 

Water Heaters with Input Ratings of 75,000 

BTU per hour or Less—ANSI Z21.10.1–1998 

with Addendum Z21.10.1a–2000. 

Household Electric Storage Tank Water 

Heaters, Tenth Edition—UL 174–1996, with 

1997 revisions. 

Ferrous Pipe and Fittings 

Standard Specification for Pipe, Steel, 

Black and Hot-Dipped, Zinc-Coated, Welded 

and Seamless—ASTM A53–93. 

Standard Specification for ElectricResistance-Welded Coiled Steel Tubing for 

Gas and Fuel Oil Lines—ASTM A539–1999. 

Pipe Threads, General Purpose (Inch)—

ANSI/ASME B1.20.1–1983. 

Welding and Seamless Wrought Steel 

Pipe—ANSI/ASME B36.10–1979. 

Nonferrous Pipe, Tubing, and Fittings 

Standard Specification for Seamless 

Copper Water Tube—ASTM B88–93. 

Standard Specification for Seamless 

Copper Tube for Air Conditioning and 

Refrigeration Field Service—ASTM B280, A–

95. 

Connectors for Gas Appliances—ANSI 

Z21.24/CGA 6.10–M97–1997. 

Manually Operated Gas Valves for 

Appliances, Appliance Connector Valves and 

Hose End Valves—ANSI Z21.15/CGA 9.1–

M97–1997. 

Standard for Gas Supply Connectors for 

Manufactured Homes—IAPMO TSC 9–1997. 

Standard Specification for General 

Requirements for Wrought Seamless Copper 

and Copper-Alloy Tubes—ASTM B251–93. 

72050 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

Standard Specification for Seamless 

Copper Pipe, Standard Sizes—ASTM B42–

93. 

Miscellaneous 

Factory-Made Air Ducts and Connectors, 

Ninth Edition—UL 181, 1996 with 1998 

revisions. 

Standard for Safety Closure Systems for 

use with Rigid Air Ducts and Air Connectors, 

UL 181A, 1994, with 1998 revisions. 

Standard for Safety Closure Systems for 

use with Flexible Air Ducts and Air 

Connectors, First Edition—UL 181B, 1995, 

with 1998 revisions. 

Tube Fittings for Flammable and 

Combustible Fluids, Refrigeration Service, 

and Marine Use, Sixth Edition—UL 109–

1997, with 2001 revisions. 

Pigtails and Flexible Hose Connectors for 

LP-Gas, Seventh Edition—UL 569, 1995 with 

2001 revisions. 

Roof Jacks for Manufactured Homes and 

Recreational Vehicles, Eighth Edition—UL 

311, 1994, with 1998 revisions. 

Relief Valves and Automatic Gas Shutoff 

Devices for Hot Water Supply Systems—

ANSI Z21.22/CSA 4.4–M99, 1999. 

Automatic Gas Ignition Systems and 

Components—ANSI Z21.20 with Addendum 

Z21.20a–2000. 

Automatic Valves for Gas Appliances—

ANSI Z21.21/CSA 6.5–2000. 

Gas Appliance Thermostats—ANSI 

Z21.23–1989, with Addendum Z21.23a–

1991. 

Gas Vents, Ninth Edition—UL 441, 1996 

with 1999 revisions. 

Standard for the Installation of Oil-Burning 

Equipment, NFPA 31, 1997 Edition. 

National Fuel Gas Code—NFPA 54–2002/ 

ANSI Z223.1–2002. 

Warm Air Heating and Air Conditioning 

Systems, NFPA 90B, 1996 Edition. 

Liquefied Petroleum Gas Code, NFPA 58–

2001 Edition. 

Flares for Tubing—SAE–J533b–1992. 

Factory-Built Chimneys for Residential 

Type and Building Heating Appliances, 

Ninth Edition—UL 103, 1995, with 1999 

revisions. 

Factory-Built Fireplaces, Seventh Edition—

UL 127–1996, with 1999 revisions. 

Solid-Fuel Type Room Heaters, Fifth 

Edition—UL 1482, 1995, with 2000 revisions. 

Fireplace Stoves, Eight Edition, with 2000 

revisions—UL 737, 1996. 

Unitary Air-Conditioning and Air-Source 

Heat Pump Equipment—ANSI/ARI 210/240–

89. 

AGA Requirements for Gas Connectors for 

Connection of Fixed Appliances for Outdoor 

Installation, Park Trailers, and Manufactured 

(Mobile) Homes to the Gas Supply—No. 3–

87. 

■ 23. In § 3280.704, revise paragraph 

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

§ 3280.704 Fuel supply systems. 

* * * * * 

(b) * * * 

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

containers must be provided with safety 

relief devices as required by the 

regulation of the U.S. Department of 

Transportation. ASME containers must 

be provided with relief valves in 

accordance with subsection 2.3.2 of 

NFPA 58–2001, Standard for the Storage 

and Handling Liquefied Petroleum 

Gases. Safety relief valves must have 

direct communication with the vapor 

space of the vessel. 

* * * * * 

■ 24. In § 3280.705, revise paragraphs 

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

(l)(3) to read as follows: 

§ 3280.705 Gas piping systems. 

* * * * * 

(b) * * * 

(3) Copper tubing must be annealed 

type, Grade K or L, conforming to the 

Standard Specification for Seamless 

Copper Water Tube, ASTM B88–93, or 

must comply with the Standard 

Specification for Seamless Copper Tube 

for Air Conditioning and Refrigeration 

Service, ASTM B280–1995. Copper 

tubing must be internally tinned. 

(4) Steel tubing must have a minimum 

wall thickness of 0.032 inch for tubing 

of 1⁄2 inch diameter and smaller and 

0.049 inch for diameters 1⁄2 inch and 

larger. Steel tubing must be in 

accordance with ASTM Standard 

Specification for Electric-ResistanceWelded Coiled Steel Tubing for Gas and 

Fuel Oil Lines, ASTM A539–1999, and 

must be externally corrosion protected. 

(c) * * * 

(2) The connection(s) between units 

must be made with a connector(s) listed 

for exterior use or direct plumbing sized 

in accordance with § 3280.705(d). A 

shutoff valve of the non-displaceable 

rotor type conforming to ANSI Z21.15–

1997, Manually Operated Gas Valves for 

Appliances, Appliances Connector 

Valves, and Hose End Valves, suitable 

for outdoor use must be installed at each 

crossover point upstream of the 

connection. 

* * * * * 

(l) * * * 

(1) A listed LP-Gas flexible 

connection conforming to UL 569–1995, 

Pigtails and Flexible Hose Connectors 

for LP Gas, or equal must be supplied 

when LP-Gas cylinders(s) and 

regulator(s) are supplied. 

(2) * * * 

(ii) The outlet must be provided with 

an approved quick-disconnect device, 

which must be designed to provide a 

positive seal on the supply side of the 

gas system when the appliance is 

disconnected. A shutoff valve of the 

non-displaceable rotor type conforming 

to ANSI Z21.15–1997, Manually 

Operated Gas Valves, must be installed 

immediately upstream of the quickdisconnect device. The complete device 

must be provided as part of the original 

installation. 

* * * * * 

(3) Valves. A shutoff valve must be 

installed in the fuel piping at each 

appliance inside the manufactured 

home structure, upstream of the union 

or connector in addition to any valve on 

the appliance and so arranged to be 

accessible to permit servicing of the 

appliance and removal of its 

components. The shutoff valve must be 

located within 6 feet of any cooking 

appliance and within 3 feet of any other 

appliance. A shutoff valve may serve 

more than one appliance if located as 

required by this paragraph (3). The 

shutoff valve must be of the nondisplaceable rotor type and conform to 

ANSI Z21.15–1997, Manually Operated 

Gas Valves. 

* * * * * 

■ 25. In § 3280.706, revise paragraph 

(b)(3) to read as follows: 

§ 3280.706 Oil piping systems. 

* * * * * 

(b) * * * 

(3) Copper tubing must be annealed 

type, Grade K or L conforming to the 

Standard Specification for Seamless 

Copper Water Tube, ASTM B88–93, or 

shall comply with ASTM B280–1995, 

Standard Specification for Seamless 

Copper Tube for Air Conditioning and 

Refrigeration Field Service. 

* * * * * 

■ 26. In § 3280.707, revise paragraph (f) 

to read as follows: 

§ 3280.707 Heat producing appliances. 

* * * * * 

(f) Oil-fired heating equipment. All 

oil-fired heating equipment must 

conform to Liquid Fuel-burning Heating 

Appliances for Manufactured Homes 

and Recreational Vehicles, UL 307A—

1995, with 1997 revisions, and be 

installed in accordance with Standard 

for the Installation of Oil Burning 

Equipment, NFPA 31–1997. Regardless 

of the requirements of the abovereferenced standards, or any other 

standards referenced in this part, the 

following are not required: 

(1) External switches or remote 

controls which shut off the burner or the 

flow of oil to the burner, or 

(2) An emergency disconnect switch 

to interrupt electric power to the 

equipment under conditions of 

excessive temperature. 

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

read as follows: 

§ 3280.709 Installation of appliances. 

* * * * * 

(h) A corrosion resistant water drip 

collection and drain pan must be 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 72051 

installed under each water heater that 

will allow water leaking from the water 

heater to drain to the exterior of the 

manufactured home, or to a drain. 

■ 28. In § 3280.714, revise paragraph 

(a)(2) to read as follows: 

§ 3280.714 Appliance cooling. 

(a) * * * 

(2) Gas fired absorption air 

conditioners must be listed or certified 

in accordance with ANSI Z21.40.1–

1996, Gas Fired, Heat Activated, Air 

Conditioning and Heat Pump 

Appliances, and certified by a 

nationally recognized testing agency 

capable of providing follow-up service. 

* * * * * 

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

the introductory text of paragraph (e), 

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

§ 3280.715 Circulating air systems. 

* * * * * 

(c) Joints and seams. Joints and seams 

of sheet metal and factory-made flexible 

ducts, including trunks, branches, 

risers, crossover ducts, and crossover 

duct plenums, shall be mechanically 

secured and made substantially airtight. 

Slip joints in sheet metal ducts shall 

have a lap of at least one inch and shall 

be mechanically fastened. Tapes or 

caulking compounds shall be permitted 

to be used for sealing mechanically 

secure joints. Sealants and tapes shall be 

applied only to surfaces that are dry and 

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

and mastic closure systems for use with 

factory-made rigid fiberglass air ducts 

and air connectors shall be listed in 

accordance with UL Standard 181A–

1994, with 1998 revisions. Tapes and 

mastic closure systems used with 

factory-made flexible air ducts and air 

connectors shall be listed in accordance 

with UL Standard 181B–1995, with 

1998 revisions. 

* * * * * 

(e) Registers and grilles. Fittings 

connecting the registers and grilles to 

the duct system must be constructed of 

metal or material that complies with the 

requirements of Class 1 or 2 ducts under 

UL 181–1996 with 1998 revisions, 

Factory Made Air Ducts and Connectors. 

Air supply terminal devices (registers) 

when installed in kitchen, bedrooms, 

and bathrooms must be equipped with 

adjustable closeable dampers. Registers 

or grilles must be constructed of metal 

or conform with the following: 

(1) Be made of a material classified 

94V–0 or 94V–1, when tested as 

described in UL 94–1996, with 2001 

revisions, Test for Flammability of 

Plastic Materials for Parts in Devices 

and Appliances, Fifth Edition; and 

* * * * * 

■ 30. In § 3280.801, revise paragraphs 

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

§ 3280.801 Scope. 

(a) Subpart I of these Standards and 

part B of Article 550 of the National 

Electrical Code (NFPA No. 70–2005) 

cover the electrical conductors and 

equipment installed within or on 

manufactured homes and the 

conductors that connect manufactured 

homes to a supply of electricity. 

(b) In addition to the requirements of 

this Standard and Article 550 of the 

National Electrical Code, NFPA No. 70–

2005, the applicable portions of other 

Articles of the National Electrical Code 

must be followed for electrical 

installations in manufactured homes. 

The use of arc-fault breakers under 

Articles 210.12(A) and (B), 440.65, and 

550.25(A) and (B) of the National 

Electrical Code, NFPA No. 70–2005 is 

not required. However, if arc-fault 

breakers are provided, such use must be 

in accordance with the National 

Electrical Code, NFPA No. 70–2005. 

Wherever the requirements of this 

standard differ from the National 

Electrical Code, these standards apply. 

* * * * * 

■ 31. In § 3280.803, redesignate the 

receptacle/cap illustration and caption 

that follows paragraph (g) to the end of 

paragraph (f), and revise the 

redesignated caption following the 

redesignated illustration, paragraph 

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

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

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

§ 3280.803 Power supply. 

* * * * * 

(f) * * * 

50-ampere 125/250 volt receptacle and 

attachment-plug-cap configurations, 3 

pole, 4-wire grounding types used for 

manufactured home supply cords and 

manufactured home parks. Complete 

details of the 50-ampere cap and 

receptacle can be found in the American 

National Standard Dimensions of Caps, 

Plugs, and Receptacles, Grounding Type 

(ANSI/NEMA—WD–6–1997–Wiring 

Devices–Dimensional Specifications). 

* * * * * 

(k) * * * 

(1) One mast weatherhead installation 

installed in accordance with Article 230 

of the National Electrical Code, NFPA 

No. 70–2005, containing four 

continuous insulated, color-coded, 

feeder conductors, one of which shall be 

an equipment grounding conductor; or 

* * * * * 

(3) Service equipment installed on the 

manufactured home in accordance with 

Article 230 of the National Electrical 

Code, NFPA No. 70–2005, and the 

following requirements: 

* * * * * 

(ii) Exterior equipment, or the 

enclosure in which it is installed must 

be weatherproof and installed in 

accordance with Article 312.2(A) of the 

National Electrical Code, NFPA No. 70–

2005, and conductors must be suitable 

for use in wet locations; 

(iii) Each neutral conductor must be 

connected to the system grounding 

conductor on the supply side of the 

main disconnect in accordance with 

Articles 250.24, 250.26, and 250.28 of 

the National Electrical Code, NFPA No. 

70–2005. 

* * * * * 

■ 32. In § 3280.804, revise paragraph (a) 

and the first sentence of paragraph (k) 

to read as follows: 

§ 3280.804 Disconnecting means and 

branch-circuit protective equipment. 

(a) The branch-circuit equipment is 

permitted to be combined with the 

disconnecting means as a single 

assembly. Such a combination is 

permitted to be designated as a 

distribution panelboard. If a fused 

distribution panelboard is used, the 

maximum fuse size of the mains must 

be plainly marked with lettering at least 

1⁄4-inch high and that is visible when 

fuses are changed. (See Article 110.22 of 

NFPA 70–2005, National Electrical 

Code, concerning identification of each 

disconnecting means and each service, 

feeder, or branch circuit at the point 

where it originated and the type 

marking needed.) 

* * * * * 

(k) When a home is provided with 

installed service equipment, a single 

disconnecting means for disconnecting 

the branch circuit conductors from the 

service entrance conductors must be 

provided in accordance with Article 

230, Part VI of the National Electrical 

Code, NFPA No. 70–2005. * * * 

* * * * * 

■ 33. In § 3280.805, revise paragraph 

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

§ 3280.805 Branch circuits required. 

(a) * * * 

(3) * * * 

(iv) The rating of the range branch 

circuit is based on the range demand as 

specified for ranges in § 3280.811(a)(5). 

For central air conditioning, see Article 

440 of the National Electrical Code, 

NFPA No. 70–2005. 

* * * * * 

72052 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations 

■ 34. In § 3280.806, revise paragraph 

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

follows: 

§ 3280.806 Receptacle outlets. 

(a) * * * 

(2) Installed according to Article 406.3 

of the National Electrical Code, NFPA 

No. 70–2005. 

* * * * * 

(d) * * * 

(9) At least one wall receptacle outlet 

shall be installed in bathrooms within 

36 inches (914 mm) of the outside edge 

of each basin. The receptacle outlet 

must be located on a wall that is 

adjacent to the basin location. This 

receptacle is in addition to any 

receptacle that is part of a lighting 

fixture or appliance. The receptacle 

must not be enclosed within a bathroom 

cabinet or vanity. 

* * * * * 

■ 35. In § 3280.807, revise paragraph (c) 

to read as follows: 

§ 3280.807 Fixtures and appliances. 

* * * * * 

(c) If a lighting fixture is provided 

over a bathtub or in a shower stall, it 

must be of the enclosed and gasketed 

type, and be listed for use in wet 

locations. See also Article 410.4(D) of 

the National Electrical Code, NFPA No. 

70–2005. 

* * * * * 

■ 36. In § 3280.808, revise paragraphs 

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

(r), and re-designate paragraph (s) as 

paragraph (r), to read as follows: 

§ 3280.808 Wiring methods and materials. 

(a) Except as specifically permitted by 

this part, the wiring methods and 

materials specified in the National 

Electrical Code, NFPA No. 70–2005, 

must be used in manufactured homes. 

* * * * * 

(m) Outlet boxes of dimensions less 

than those required in Table 314.16(A) 

of the National Electrical Code, NFPA 

No. 70–2005, are permitted provided the 

box has been tested and approved for 

that purpose. 

* * * * * 

(o) Outlet boxes must fit closely to 

openings in combustible walls and 

ceilings and must be flush with the 

finish surface or project therefrom. In 

walls and ceilings of noncombustible 

material, outlet boxes and fittings must 

be installed so that the front edge of the 

box or fitting will not be set back from 

the finished surface more than 1⁄4 inch. 

Plaster, drywall, or plasterboard 

surfaces that are broken or incomplete 

must be repaired so that there will be no 

gaps or open spaces greater than 1⁄8 inch 

at the edge of the box or fitting. 

* * * * * 

(q) A substantial brace for securing a 

box, fitting, or cabinet must be as 

described in the National Electrical 

Code, NFPA 70–2005, Article 314.23(B), 

or the brace, including the fastening 

mechanism to attach the brace to the 

home structure, must withstand a force 

of 50 lbs. applied to the brace at the 

intended point(s) of attachment for the 

box in a direction perpendicular to the 

surface on which the box is installed. 

* * * * * 

■ 37. In § 3280.811, revise the 

introductory text of paragraph (b) to 

read as follows: 

§ 3280.811 Calculations. 

* * * * * 

(b) The following is an optional 

method of calculation for lighting and 

appliance loads for manufactured 

homes served by single 3-wire 120/240 

volt set of feeder conductors with an 

ampacity of 100 or greater. The total 

load for determining the feeder 

ampacity may be computed in 

accordance with the following table 

instead of the method previously 

specified. Feeder conductors whose 

demand load is determined by this 

optional calculation are permitted to 

have the neutral load determined by 

Article 220.61 of the National Electrical 

Code, NFPA No. 70–2005. The loads 

identified in the table as ‘‘other load’’

and as ‘‘Remainder of other load’’ must 

include the following: 

* * * * * 

Dated: November 22, 2005. 

Brian D. Montgomery, 

Assistant Secretary for Housing-Federal 

Housing Commissioner. 

[FR Doc. 05–23387 Filed 11–23–05; 12:30 

pm] 

BILLING CODE 4210–27–P