[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Rules and Regulations]
[Pages 59338-59395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5004]



[[Page 59337]]

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Part II





Department of Housing and Urban Development





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24 CFR Parts 3280 and 3285



Model Manufactured Home Installation Standards; Final Rule

Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / 
Rules and Regulations

[[Page 59338]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 3280 and 3285

[Docket No. FR-4928-F-02]
RIN 2502-AI25


Model Manufactured Home Installation Standards

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

ACTION: Final rule.

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SUMMARY: This final rule establishes new Model Manufactured Home 
Installation Standards (Model Installation Standards) for the 
installation of new manufactured homes and includes standards for the 
completion of certain aspects necessary to join all sections of multi-
section homes. The National Manufactured Housing Construction and 
Safety Standards Act of 1974 requires HUD to develop and establish 
Model Installation Standards after receiving proposed installation 
standards from the Manufactured Housing Consensus Committee (MHCC). HUD 
received and reviewed the MHCC's recommended proposed model 
installation standards and published a proposed rule for public 
comment. Based on HUD's review of the comments that were submitted, 
including those from the MHCC, a number of revisions to the proposed 
rule have been made in this final rule. This final rule also 
incorporates certain amendments to definitions contained in the 
Manufactured Home Construction and Safety Standards (MHCSS) that are 
affected by definitions provided in the Model Installation Standards.

DATES: Effective Date: The effective date for this final rule will be 
October 20, 2008. The date of approval by the Director of the Federal 
Register for incorporation by reference of certain publications listed 
in this rule is October 20, 2008.

FOR FURTHER INFORMATION CONTACT: William W. Matchneer III, Associate 
Deputy Assistant Secretary for Regulatory Affairs and Manufactured 
Housing, Office of Manufactured Housing Programs, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 9164, Washington, 
DC 20410; telephone number (202) 708-6401 (this is not a toll-free 
number). Hearing-or speech-impaired individuals may access this number 
through TTY by calling the toll-free Federal Information Relay Service 
at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 26, 2005, HUD published in the Federal Register at 70 FR 
21498 a proposed rule that would establish Model Manufactured Home 
Installation Standards (Model Installation Standards) for new 
manufactured homes, as required by the National Manufacture Housing 
Construction and Safety Standards Act of 1974 (42 U.S.C. 5401-5426) 
(the Act). The Act gave the MHCC responsibility to develop and submit 
to the Secretary proposed Model Installation Standards. The MHCC's 
proposal was provided to HUD in September 2004. The Department agreed 
with most of the proposal, and thoroughly involved the MHCC in the 
process by which the proposed rule for the Model Installation Standards 
was developed prior to its publication in the Federal Register.
    There were a total of 101 commenters on the April 26, 2005, 
proposed rule. Seventy-seven of the commenters were from the industry, 
including manufacturers, component suppliers, retailers, installers, 
realtors, trade associations, and community operators. Nineteen 
commenters came from the government, including HUD-approved Primary 
Inspection Agencies and State Administrative Agencies. Finally, four 
commenters were individual consumers and consumer groups and one was a 
private code organization.
    Among the recommendations most often made by the commenters were: 
(1) To codify the Model Installation Standards in existing part 3280 
rather than new part 3285, in the belief that the installation 
standards would thereby become ``preemptive'' of state and local 
installation standards; (2) to make the installation standards 
applicable to secondary or other subsequent installations of 
manufactured homes; (3) to include provisions assuring that HUD will 
consult with the MHCC on future changes to the installation standards; 
(4) that manufacturers' installation instructions be considered as 
evidence of compliance with the Model Installation Standards; (5) that 
the installation standards apply to the joining together and close-up 
of multi-section homes and to certain other aspects of on-site 
completion that HUD had originally treated as part of the construction 
process. HUD has given these subjects particular attention in preparing 
the final rule.

II.A. Analysis of Public Comments--Part 3280

    Comment: Sec.  3280.302 Definitions. Two commenters wrote that the 
proposed definition of anchoring system should include forces on the 
foundation and anchorage systems, which may actually control the design 
in some instances.
    HUD Response: The definition of anchoring system includes a 
reference to the forces that are required to be resisted by foundation 
and anchorage systems.

II.B. Analysis of Public Comments--Part 3285

Subpart A--General

    Comment: Sec.  3285.1(a) Scope. The Model Installation Standards 
should be preemptive of state and local requirements.
    HUD Response: HUD has concluded that a plain reading of Sections 
604(d) and 605 of the Act indicates that Congress did not intend for 
these Model Installation Standards to be preemptive of more stringent 
state or local government requirements, only that they establish 
minimum national requirements for the installation of manufactured 
homes. This conclusion is strengthened by the statement from then-
Chairman Jim Leach during his section-by-section comments on the floor 
of the House, that ``the bill would reinforce the proposition that 
installation standards and regulations remain under the exclusive 
authority of each state.'' (Dec. 5, 2000, 146 Cong. Rec. H11987). In 
earlier floor remarks, then-Ranking Member John LaFalce said, ``States 
that wish to have their own installation standards may continue to do 
so, as long as they provide protections comparable to the model 
standards.'' (Oct. 24, 2000, 146 Cong. Rec. H10685). HUD therefore 
believes that Congress has permitted any state that chooses to operate 
its own installation program to enforce installation standards more 
stringent than these Model Installation Standards, provided that those 
standards otherwise offer protection that equals or exceeds the minimum 
protection established by these Model Installation Standards.
    Comment: Sec.  3285.1(a) Scope. The Model Installation Standards 
should be codified under 24 CFR part 3280, Manufactured Home 
Construction and Safety Standards.
    HUD Response: Contrary to the views expressed by some commenters, 
preemption authority can only come from Congress, and no decision that 
HUD could make regarding the codification of these Model Installation 
Standards could increase or diminish that authority. However, as 
indicated above, HUD believes there is good reason to conclude that 
Congress did

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not intend to extend preemption authority to these Model Installation 
Standards.
    In any event, HUD has chosen, as a matter of administrative 
necessity, to codify these Model Installation Standards, as in new part 
3285 of 24 CFR, in order to maintain the clear distinctions the Act 
makes between installation and construction. The regulatory structure 
that Congress has given HUD for enforcement of these Model Installation 
Standards is entirely different from the enforcement authority it 
previously gave HUD for the federal MHCSS. As HUD reads the Act, 
section 613 (42 U.S.C. 5412) and section 615 (42 U.S.C. 5414), the 
principal sections requiring notification and correction of defects, do 
not apply to these Model Installation Standards. As HUD reads the Act, 
the primary enforcement authority for these Model Installation 
Standards is instead limited to section 605 (42 U.S.C. 5404) itself, 
which not only provides more limited authority for these Model 
Installation Standards, but also adds entirely new requirements 
regarding the licensing and training of installers.
    Given these fundamental differences between the installation and 
construction and safety programs, publication of these Model 
Installation Standards in new part 3285 of 24 CFR will best allow HUD 
to maintain the regulatory separation necessary to administer two such 
different programs.
    Comment: Sec.  3285.1(a) Scope. Work associated with the joining 
together and close-up of sections of multi-section homes and certain 
aspects of on-site completion should be considered as installation of 
the home and not as construction.
    HUD Response: Under the final rule, work necessary to join sections 
of a multi-section home, such as work identified in Subparts G, H, and 
I of the installation standards, and work associated with connecting 
exterior lights, ceiling-hung light fixtures, or fans, as identified in 
Subpart I, are treated as installation, and therefore is subject to 
these Model Installation Standards and any future requirements of the 
installation program regulations. Accordingly, close-up work completed 
on-site would require inspection under the Manufactured Home 
Installation Program Proposed Rule published in the Federal Register on 
June 14, 2006. However, features such as penetrated hinged roofs, high-
pitched hinged roofs, and eave construction will remain subject to the 
MHCSS and the Procedural and Enforcement Regulations in 24 CFR part 
3282.
    In early drafts of these Model Installation Standards, HUD treated 
all activities associated with close-up as part of construction of the 
home and, as such, subject to the MHCSS and the manufacturer's 
certification label. However, HUD recognizes that installers, not 
manufacturers, typically perform close-up work. Therefore, HUD has 
concluded that the Model Installation Standards provide the best 
opportunity to address close-up activities and concerns.
    Further, under the final rule, home purchasers generally will look 
to installers or retailers who often employ or contract with installers 
to perform home installations, to remedy close-up problems that are not 
the result of inadequate or incorrect manufacturer instructions or of 
production errors that have resulted in the sections of the home not 
fitting together properly.
    Comment: Sec.  3285.1(a) Scope. Compliance with the Manufacturer's 
Installation Instructions should be accepted as compliance with the 
Model Installation Standards. Several commenters also recommended the 
section be rewritten as follows: ``The manufacturer's installation 
instructions shall apply under any of the following conditions where 
they do not take the home out of compliance with the Federal 
Manufactured Housing Construction and Safety Standards: (1) To items 
not covered by this standard; (2) Where the manufacturer's approved 
installation instructions provide a specific method of performing a 
specific operation or assembly; (3) Where the manufacturer's approved 
instructions exceed this standard.''
    HUD Response: Sec.  3285.1(a) of the final rule recognizes that the 
Model Installation standards serve as the basis for the manufacturer's 
installation instructions and accepts those instructions for 
compliance, as long as they meet or exceed the minimum requirements of 
the Model Installation Standards and do not take the home out of 
compliance with the MHCSS. However, the methods for performing 
operations that are included in a manufacturer's installation 
instructions will be enforced by the Department, in their entirety.
    Furthermore, the final rule requires that manufactured home 
manufacturers include installation instructions with each new home. The 
instructions must be approved by a Design Approval Primary Inspection 
Agency (DAPIA) and must provide protection to the residents of 
manufactured homes that equals or exceeds the protections provided by 
the Model Installation Standards.
    Comment: Sec.  3285.1(a) Scope. The Model Installation Standards 
should be applicable to subsequent installations beyond the initial 
siting and placement of the manufactured home.
    HUD Response: It is HUD's position that Congress intended the 
installation standards to be applicable only to the initial 
installation of new manufactured homes, as indicated by references in 
Section 623(g) of the Act to the date of installation and by the 
definition of ``purchaser'' as the first purchaser in Section 603 of 
the Act. A very small percentage of manufactured homes are ever 
relocated after the initial siting and placement of the homes. The 
Manufactured Home Procedural and Enforcement Regulations encourage 
states to establish procedures for the inspection of used manufactured 
homes and for monitoring of the installation of manufactured homes 
within each state (Sec.  3282.303), thus indicating the regulations' 
intent to place the supervision of re-installments in the hands of the 
states.
    The final rule does not prevent state and local governments from 
enforcing standards for installations after the initial installation or 
from imposing higher installation standards than are required by HUD's 
``minimum'' Model Installation Standards for the initial or any 
subsequent installation of a manufactured home. State standards for 
initial installation must meet or exceed HUD's minimum installation 
standards, while state standards for secondary installations do not 
have to adhere to the minimum HUD standards. HUD continues to believe 
that any subsequent installation of a manufactured home best resides 
with state authority. Notwithstanding all of the above, HUD will 
continue to study this issue in developing the final rule for its 
installation program regulations.
    Comment: Sec.  3285.1(c) Consultation With the Manufactured Housing 
Consensus Committee. The Manufactured Housing Consensus Committee 
(MHCC) should have a continuing involvement in revising the 
installation standards.
    HUD Response: HUD agrees with comments received from the MHCC and 
others that the Committee should have a continuing role in reviewing 
and recommending future changes to the Model Installation Standards. 
HUD recognizes the valuable guidance and assistance provided by the 
MHCC throughout the rulemaking process with the development of these 
installation standards. Accordingly, a new section, Sec.  3285.1(c), 
``Consultation with the Manufactured Housing Consensus Committee,'' has 
been included in the

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final rule. That section provides that HUD will afford the MHCC with a 
120-day opportunity to offer input and comment prior to proposing any 
changes to the installation standards. The new provisions also direct 
the MHCC to send its own suggested changes to the Department at least 
every 2 years. The final rule also provides that HUD will accept, 
modify, or reject each recommendation and explain to the MHCC the 
reasons behind any modifications or rejections of those recommendations 
before publication of any new revised standard.
    Comment: 3285.1(d) Administration. One commenter wrote that certain 
permanent site-built foundations with manufacturer certification are 
not subject to the proposed rule. This recognizes that site-built 
foundations under state and local codes are suitable and that all 
localities have such codes. It also implies that state and local codes 
for non-permanent foundations are lacking and that HUD needs to 
intervene. This does not make sense, unless there is a significant 
difference between permanent and non-permanent foundation requirements 
and their administration and enforcement.
    HUD Response: This provision stems from Section 604(f) of the Act 
and 24 CFR part 3282.12 of the Manufactured Home Procedural and 
Enforcement Regulations, which require HUD to exclude from coverage any 
structure which, among other things, is designed to be erected and 
installed upon a site-built permanent foundation.
    Comment: Sec. Sec.  3285.2, 3285.301(b), 3285.401 HUD Question: 
Should the Model Installation Standards offer more performance-based 
equivalents instead of prescriptive requirements to facilitate the use 
of alternative installation methods?
    HUD Response: Based on the recommendations of the MHCC and the 
public comments, the final model installation standards are a 
combination of prescriptive and performance standards. While the 
minimum standards do offer prescriptive methods for compliance, they 
also provide for alternatives in design that will allow for innovation. 
Accordingly, manufacturers' instructions may be based on either the 
minimum requirements in these model installation standards or may use 
performance-based design in demonstrating compliance with these 
standards.
    Comment: Sec.  3285.2 Manufactured Installation Instructions/HUD 
Question. Should model-specific plans for installation be required and, 
if so, what minimum information should be required on the plans (i.e., 
pier capacities, minimum support and anchorage locations, other 
structural design requirements, plan-specific information for 
completion of utility systems, etc.)?
    Comment: This should be left up to each manufacturer to decide.
    Comment: There is no need to require model-specific home plan 
criteria for every conceivable single or multi-section home design as 
there must be some reliance on the manufacturer's installation manual 
for model-specific home designs as the model standard is the minimum 
necessary requirements.
    Comment: There is no need to require model-specific plan criteria 
for every conceivable floor plan and design under the Model 
Installation Standards. If there needs to be specialized criteria, the 
manufacturer can provide it in the installation manual that comes with 
the new home. The DAPIA will determine whether the specialized 
manufacturer's manual has met or exceeds the Model Installation 
Standards. With regard to Sec.  3285.403, the best alternative might be 
to permit the mating line anchorage/connection to be determined by the 
manufacturer's installation manual.
    HUD Response: HUD has decided that model-specific foundation plans 
are not required, but that special foundation and anchorage plans are 
required to address site-specific conditions or when the support and 
anchorage methods in the manufacturer's installation instructions are 
not suitable and vary from those included with the manufacturer's 
installation instructions.
    Comment: Sec.  3285.2 Manufactured Installation Instructions/HUD 
Question. Should the manufacturer's installation instructions provide 
that a professional engineer or registered architect must be consulted 
when general site conditions are not covered by the installation 
instructions?
    Comment: When instructions do not address specific site conditions 
and hazards, the foundations and anchorage should be designed by a 
professional engineer or registered architect.
    Comment: There is no reason for the Model Installation Standards to 
require that a professional engineer or architect be consulted for site 
preparation, if the manufacturer's manual does not cover this 
installation consideration. Such a requirement could substantially 
raise the cost of site preparation for the retailer/installer.
    Comment: It is not reasonable to expect the manufacturer to 
effectively give installation instructions and assume liability when 
they have no site-specific knowledge. ``A registered engineer is the 
right call.''
    Comment: The only way to get efficient and consistent installation 
compliance with both the Model Installation Standards and the 
manufacturer's support requirements is to require manufacturers to take 
responsibility for the vertical support of their own designs and to 
provide foundation plans with all pier locations and minimum pad sizes 
specified and drawn to scale, in a graphical format serviceable for 
both the permit process and the foundation layout at the jobsite.
    Comment: All engineered foundations should be designed per SEI/ASCE 
7, Loads for Buildings and Other Structures. This will allow engineers 
and architects to develop foundation designs that are capable of 
resisting all natural hazards at the site.
    Comment: Experience has shown that out-of-state registered 
professional engineers and architects unfamiliar with the conditions of 
the locality design foundation systems that fail, and that the engineer 
or architect should be registered in the state where the home is to be 
installed.
    HUD Response: Section 3285.2(c) of the final rule has been revised 
specifically to allow for variations to be made to installation 
instructions for site conditions that are not covered, provided that 
installers first attempt to obtain those variations for site-specific 
conditions from the manufacturer and, if not available from the 
manufacturer, the installer is to use designs prepared by a 
professional engineer or registered architect. The installer must have 
the professional engineer's or registered architect's design approved 
by the manufacturer and its DAPIA prior to installation. DAPIA approval 
is necessary to enable HUD to enforce such modifications to the 
manufacturer's installation instructions. HUD has determined that the 
Model Installation Standards do not need to require that professional 
engineers or registered architects be licensed in the state where the 
home is to be installed, since they are responsible for only performing 
work or preparing designs in areas of construction in which they are 
competent and knowledgeable. However, a state that operates its own 
installation program may require that the engineer or architect be 
specifically licensed by that state.
    Comment: HUD requested comments on the efforts associated with 
checking installation instructions. One commenter wrote that since 
installation instructions vary by manufacturer and model, the estimates 
of number of respondents and responses per respondent were very low, 
while the number of hours spent on review was

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high, unless the time includes back-and-forth communication. If HUD 
does not intend to take action to ensure conformity with the Model 
Installation Standards (MIS), there is no need to collect this data.
    HUD Response: This issue will be addressed under the installation 
program regulations and any adjustments to the burden estimates will be 
made as part of those regulations.
    Comment: Section 3285.4 Incorporation by Reference. There is a more 
recent edition of the American Society of Heating, Refrigerating and 
Air-Conditioning Engineers Fundamentals Handbook and the Underwriters' 
Laboratories (UL) 181 standard has been separated into UL 181, 181A, 
and 181B.
    Comment: Add the American Wood Preservers Association (AWPA) to the 
list of Referenced Publications. AWPA Publications, American Wood-
Preservers' Association, P.O. Box 388, Selma, AL 36702. AWPA U1-04, Use 
Category System: User Specification for Treated Wood, 2004, and AWPA 
M4-02, Standard for the Care of Preservative-Treated Wood Products, 
2002. The references to treated wood standards need to be updated 
because: (1) AWPA C2 and C9 are no longer updated by AWPA and will not 
include new preservative treatments that are appropriate for this 
application; (2) Standard U1 is currently referenced in the 2004 
amendments to the 2003 International Building Code (IBC) and 
International Residential Code (IRC) in place of standards C2 and C9 
and will be referenced in the 2006 editions; and (3) the 0.60 lbs. per 
cubic foot is not the required retention level for all of the 
appropriate preservatives. Copper azole (CA-B) has a required retention 
of 0.31 lbs. per cubic foot for this application that is equivalent to 
Chromated Copper Arsenate used at 0.60 lbs. per cubic foot.
    HUD Response: The editions of these standards that are adopted in 
this final rule are consistent with those recently updated by HUD in 
recent amendments to the Manufactured Home Construction and Safety 
Standards. HUD will consider issuing conforming amendments to more 
recent editions of these standards in future rulemaking.
    HUD also agrees there is a need to update and revise the reference 
requirements for treated wood materials, and the final rule 
incorporates the more recent AWPA U1-04 and AWPA M4-02 standards into 
certain sections of the installation standards (Sec. Sec.  3285.4, 
3285.303, 3285.312, and 3285.504).
    Comment: Sec.  3285.5 Definitions. ``Design Flood.'' The term 
``design flood'' is used several times in the proposed rule and should 
be defined as the greater of either: (1) The base flood or (2) the 
flood so designated by the Local Authority Having Jurisdiction (LAHJ) 
as its regulatory flood, with a one percent chance or less of being 
equaled or exceeded in any given year.
    Comment: The term ``design flood elevation'' (DFE) should be added 
to the definitions as follows: ``Design Flood Elevation. The elevation 
of the design flood, including wave height, relative to the datum 
specified on a LAHJ's hazard map.''
    Comment: Sec.  3285.5 Definitions. ``Lowest-Floor.'' The definition 
of Lowest Floor should be revised, as follows: ``Lowest floor. The 
floor of the lowest enclosed area of a manufactured home. For flood-
resistant design purposes of these MIS, the term ``lowest floor'' shall 
mean the bottom of the longitudinal chassis frame beam in A zones, and 
the bottom of the lowest horizontal structural member supporting the 
home in V zones. An unfinished or flood resistant enclosure, used 
solely for vehicle parking, home access, or limited storage, must not 
be considered the lowest floor, provided the enclosed area is not 
constructed so as to render the home in violation of the flood related 
provisions of this standard.''
    HUD Response: Section 3285.102 of the final rule clarifies that the 
above terms are used as defined in 44 CFR part 59.1 of the National 
Flood Insurance Program and, as such, are not required to be again 
defined in these installation standards.
    Comment: Sec.  3285.5 Definitions. ``Labeled'' and ``Listed or 
certified.'' The term ``labeled'' is very similar to the term ``listed 
or certified,'' except that ``listed or certified'' requires that an 
approved product be on a published list. All of these terms could be 
read to require the contracting of an agency on a continuing basis to 
maintain product approval status rather than using a nationally 
recognized third-party testing agency for a one-time approval.
    HUD Response: Both terms remain in the final rule because certain 
components may not be required to be labeled but must still be listed 
under the purview of a nationally recognized testing laboratory.
    Comment: Sec.  3285.5 Definitions. ``Crossovers.'' The definition 
of crossovers should be amended to include ducting for both heating and 
cooling ducting, and not just ducting for heating.
    HUD Response: As recommended by the commenters, the final rule 
includes both heating and cooling ducts in the definition of 
``crossovers.''
    Comment: Sec.  3285.5 Definitions. ``Local Authority Having 
Jurisdiction (LAHJ).'' The definition of LAHJ should be rewritten to 
refer to local responsibilities in such a way that if they are within 
the coverage of the Model Installation Standards (MIS) they are 
applicable, but if outside the MIS they are not applicable.
    Comment: Having states included within the definition of an LAHJ 
seems to conflict with other provisions of the rule and means that a 
state or local government entity that does not have such requirements, 
even though they may be identical to the MIS, would not be considered 
an LAHJ. One commenter wrote that no level of government below the 
state level should be included in the definition of an LAHJ, because it 
implies that lower levels of government's programs are sanctioned, 
which could result in the imposition of additional fees, thereby 
causing increased costs for consumers.
    HUD Response: The definition is essentially unchanged in the final 
rule because any entity or subdivision of state government is not 
restricted from establishing more stringent requirements than those in 
the MIS for states in which HUD will operate the installation program. 
The proposed rule for the installation program regulations in 24 CFR 
part 3286 includes detailed provisions for state-run installation 
programs and how those requirements will impact on local governmental 
entities within their state. However, the definition has been modified 
in the final rule to clarify that an LAHJ must have both 
responsibilities and requirements that must be complied with during the 
installation of a manufactured home.
    Comment: Sec.  3285.5 Definitions. ``State.'' The ``Canal Zone'' 
should be deleted from the definition of ``State,'' because the Panama 
Canal Zone has not been under United States control or jurisdiction for 
nearly 30 years. emsp;
    HUD Response: HUD has removed ``the Canal Zone'' from the 
definition of ``State,'' but recognizes that the statute has not been 
amended or updated to reflect this change.
    Comment: Sec.  3285.5 Definitions. ``Foundation.'' The term 
``foundation'' should be a defined term in the MIS.
    HUD Response: A definition for a ``foundation system'' has been 
included in the final rule in both the Manufactured Home Construction 
and Safety Standards and the MIS.

Subpart B--Pre-Installation Considerations

    Comment: Seismic Safety/HUD Question: Should the MIS attempt to set 
forth minimum installation

[[Page 59342]]

requirements or pre-installation considerations to address seismic 
safety? If so, how should HUD establish seismic zones and what minimum 
requirements would be included in the Model Installation Standards?
    Comment: If seismic zones are to be considered in the future as a 
manufactured home design parameter, it is best that they first be 
introduced into part 3280 and then mentioned in set-up manuals.
    Comment: Part 3285 contains no criteria to protect homes from 
earthquakes, and this omission makes the standard incomplete. Other 
national consensus standards have seismic criteria, such as the IBC, 
the IRC, the National Fire Protection Association (NFPA) 5000 Building 
Construction and Safety Code, and the NFPA 225. Manufactured homes fall 
off this type of support at very moderate ground shaking levels, since 
such homes are typically installed using piers not designated for 
seismic resistance, which are not adequately attached and connected to 
the foundation and chassis of the home. This lack of seismic resistant 
provisions will result in significantly less protection than in other 
types of residential construction, and is technically inadequate in 
areas of high seismic activity. Congress authorized the Earthquake 
Hazard Reductions Program to develop seismic safety provisions suitable 
for use throughout the United States. The lack of seismic provisions is 
contrary to national policy. The approach for seismic detailing and 
design in NFPA 225 should be accepted and used in part 3285.
    Comment: HUD should not include any seismic requirements in the 
Model Installation Standards. When required, designs are handled by the 
retailer, the installer, the owner, or the manufacturer, in accordance 
with the requirements of the local building authority. This is working 
now and need not be covered in the installation standards.
    HUD Response: The final rule does not contain specific requirements 
for the design of foundation and anchorage systems in seismically 
active areas. This will allow states and local building code 
authorities in seismically active areas to establish or continue to 
enforce foundation and anchoring requirements for seismic design load 
considerations. However, HUD intends to continue to study this issue 
and may recommend requirements for seismic design in future rulemakings 
in the Manufactured Home Construction and Safety Standards and the 
Model Installation Standards.
    Comment: Sec.  3285.101 Installation of Manufactured Homes in Flood 
Hazard Areas. The requirements for installation of manufactured homes 
in flood hazard areas should be included in Subpart D Foundations, 
Sec.  3285.302, rather than in Sec.  3285.101(d). While Sec.  3285.101 
requires the installer to determine if flood hazards affect the site, 
it is more appropriate that more explicit design considerations be 
articulated in the section on foundations.
    Comment: States and communities in areas that are vulnerable to 
flood damage should adopt regulations that exceed the minimum National 
Flood Insurance Program (NFIP) requirements.
    Comment: The approach indicated in the proposed Model Installation 
Standards was considered and rejected by NFPA 225. Basic performance 
requirements related to floods can and must be included in the Model 
Installation Standards, and doing so will not conflict with, replace, 
or preempt NFIP and LAHJ flood requirements.
    Comment: Method and Practices. Manufactured homes located wholly or 
partly within special flood hazard areas must be installed using 
methods and practices that minimize flood damage during the base flood, 
including elevation and stability of the foundation for anticipated 
conditions and loads in accordance with the LAHJ; 44 CFR 60.3(a) 
through (e), as applicable; and other provisions of 44 CFR referenced 
by those paragraphs.
    Comment: Section 3285.101(c) should be revised to read as follows: 
``(c) Pre-installation considerations. Prior to the initial 
installation of a new manufactured home, the installer is responsible 
to determine whether the manufactured home site lies wholly or partly 
within a special flood hazard area as shown on the LAHJ's Flood 
Insurance Rate Map, Flood Boundary and Floodway Map, or Flood Hazard 
Boundary Map. If so located, the map and supporting studies and 
requirements adopted by the LAHJ or state should be used to determine 
the flood hazard zone and design flood elevation at the site. If the 
LAHJ has not adopted a Flood Hazard Map, the installer shall consult 
the LAHJ to determine flood-resistant installation requirements.''
    Comment: Sec.  3285.101(d) Installation of Manufactured Homes in 
Flood Hazard Areas. LAHJs should be given the option to enforce 
requirements for flood hazards at whatever level they deem necessary. 
The section should provide two options for flood hazard criteria: (1) 
Per the LAHJ or (2) per the NFIP regulations.
    Comment: Paragraph (d)(2) should be renumbered as (d)(3) and a new 
section (d)(2) should be added, as follows: ``Performance requirements. 
Manufactured home installations shall: (a) Have the lowest floor 
elevated to or above the design installation; (b) elevate the home 
using support and anchorage systems designed and constructed to resist 
design flood loads in combination with other storage loads; (c) 
construct the support and anchorage system with flood damage resistant 
materials; (d) in A zones, use flood openings in permanent foundation 
walls and in other solid walls (excluding skirting) forming an 
enclosure below the DFE, to allow the automatic equalization of flood 
levels; and (e) in V zones, elevate the home on piles, columns, piers, 
or stands that minimize obstructions below the DFE, and use breakaway 
construction for any other non-structural walls or elements.''
    Comment: Fill is often used as a method to elevate sites so that 
the lowest floors of manufactured homes are elevated to or above the 
design flood elevation. While compaction of fill used to elevate a 
manufactured home site is an important consideration, there are other 
particular considerations that are important so that flood conditions 
do not adversely affect the fill. In particular, it is recommended that 
the fill be sloped and protected with vegetation to minimize erosion 
that may undermine the home. This can be accomplished by adding Sec.  
3285.101(d)(2) to read as follows: ``Installation on fill. Fill placed 
in flood hazard areas in order to elevate manufactured home sites shall 
be placed, compacted, and sloped to minimize shifting, slumping, and 
erosion during the rise and fall of floodwater.''
    Comment: A new paragraph, Sec.  3285.101(e), should be added to 
read as follows: ``Alternate Flood-Resistant Installation Provisions. 
The flood-resistant installation provisions contained in NFPA 225 shall 
be deemed to equal or exceed the flood requirements of the Model 
Installation Standards.''
    Comment: The only way to prevent flood damage is by elevating the 
home above the flood level on strong and durable stabilizing devices. 
Performance requirements to prevent flood damage must be included if 
the Model Installation Standards are to be effective.
    HUD Response: The final rule continues to reference the provisions 
of 44 CFR 60.3(a) through (e) and Federal Emergency Management Agency 
(FEMA) 85, Manufactured Home

[[Page 59343]]

Installation in Flood Hazard Areas, as appropriate guidance for 
installation of manufactured homes in areas subject to flooding. A 
state or local community may adopt more stringent performance 
requirements than those specified under the Model Installation 
Standards for flood hazard areas.
    Comment: Sec.  3285.102 Design Zone Maps. The design and 
construction of the foundation and anchoring systems addressed in part 
3285 should be compatible with the design and construction of the home, 
but should not be restricted or limited by the outdated and obsolete 
design zone maps contained in part 3280.
    Comment: This section should require that a manufactured home 
cannot be installed in a higher wind zone, snow load, or thermal zone 
than the home's original design for its initial installation.
    Comment: The referenced design maps identified in part 3280 should 
be included in this section.
    HUD Response: Section 3285.103(a) of the final rule requires that 
prior to the initial installation of a new manufactured home, the 
installer verify that the design and construction of the home, as 
indicated on the design zone maps provided with the home required by 
the Manufactured Home Construction and Safety Standards and 
regulations, are suitable for the site location where the home is to be 
installed.

Subpart C--Site Preparation

    Sec.  3285.201 Soil Conditions/HUD Question. HUD sought comment on 
whether the standards should require that a minimum of six inches of 
soil, including the organic material, be removed under load bearing 
footings to ensure that footings are placed on undisturbed soil for at-
grade footings.
    Comment: This would seem like a good practice in general to avoid 
detrimental effects to foundation support and anchoring systems; 
however, to specify a minimum depth of six inches of soil be removed 
may in some cases be too little or in other situations too excessive. 
To address this concern, the commenters recommend that the section be 
revised to indicate that topsoil is to be removed or that at-grade 
footings should be installed on undisturbed soil.
    HUD Response: HUD finds the comment to be reasonable, and the final 
rule does not specify a required depth of soil removal, thereby leaving 
the determination of firm, undisturbed soil as a site-specific matter.
    Comment: Sec.  3285.202 Soil Classifications and Bearing Capacity. 
The pocket penetrometer should be included as an acceptable method to 
determine soil-bearing capacity. While penetrometers are not as precise 
a method for determining soil-bearing capacity at an individual 
location, they have proven to be workable devices where multiple 
readings are taken at an installation site.
    Comment: The proposed rule should offer a default approach to 
determine the soil bearing capacity such as permitted by other model 
codes. This default approach used in some state and model building 
codes, such as the 2003 International Residential Code, generally 
recognizes a minimum soil bearing capacity of 1500 pounds per square 
foot (psf).
    HUD Response: The final rule now allows the use of the pocket 
penetrometer as one of the acceptable methods for determining soil 
classification and bearing capacity and permits the use of a 1500 psf 
soil bearing capacity, unless site-specific information requires the 
use of lower values based on soil classification and type.
    Comment: Sec.  3285.203(a) Drainage. The section should be revised 
to read as follows: ``Drainage must be provided to direct surface water 
away from the home.'' This was suggested because the commenter believed 
it unnecessary to include a ``laundry list'' of possible problems, if 
proper drainage was not provided, that was identified in the proposed 
rule.
    Comment: As written, subsection (b) would be impossible to enforce 
within rental communities given their layout and design. The 
requirement should be revised to provide an exemption for homes sited 
within manufactured home rental communities, or by changing the 
drainage requirement ``from under'' to ``away from'' the home. Further, 
in subsection (c) the first 10-foot provision would be impossible to 
enforce in rental communities, since lots only provide for 5-foot 
sideyards and that the requirement should be revised to require 
drainage away from the foundation of the home for the first 5 feet.
    HUD Response: The final rule has been revised to clarify that 
surface water must be directed away from the home to prevent water 
build-up under the home. Where property lines do not allow the drainage 
to be diverted for the first 10 feet from the foundation, other methods 
are allowed to remove the surface water. However, statements on the 
adverse affects of not removing the water have been removed from this 
section, as suggested by commenters.
    Comment: Sec.  3285.203(f) Gutters and Downspouts. Most home 
manufacturers do not provide additional support in the roof system in 
order to support gutters and downspouts. Installation could cause 
damage and take the home out of compliance with the MHCSS. However, if 
gutters and downspouts are provided, the runoff must be directed away 
from the manufactured home.
    Comment: Even though the Model Installation Standards require any 
runoff from gutters and downspouts to be diverted away from the home, 
not all HUD Code homes are required to have gutters and downspouts. If 
gutters and downspouts are provided, then installers should be required 
to ensure that adequate drainage is provided.
    HUD Response: The final rule has been revised to require 
manufacturers to specify in their installation instructions whether the 
manufactured home is suitable for the installation of gutters and 
downspouts and if so provided, the instructions are also to indicate 
that all roof water is to be directed away from the home.
    Sec.  3280.204 Ground Moisture Control/HUD Question: HUD is 
concerned that excessive voids and numerous tears in the vapor retarder 
can defeat the purpose of the requirement. Therefore, should 
limitations be placed on the number and size of voids and tears? If so, 
what specific limitations would be recommended?
    Comment: Some commenters advocated that the Model Installation 
Standards should state that all tears and voids in the ground vapor 
retarder be repaired. Others raised questions as to what would 
constitute a minor tear or void, as indicated in the proposed rule; how 
many tears or voids would be acceptable without repair; and how the 
regulation would be consistently enforced by states. The commenters 
also suggested this was one situation where a prescriptive provision is 
warranted in the standards.
    Comment: As it would be difficult to repair tears or defects in the 
ground vapor retarder around piers, the requirement should be revised 
to not require minor tears and voids at pier locations or other support 
to be repaired.
    Comment: The ground vapor retarder should be overlapped at least 12 
inches at all joints to prevent weeds and grass from growing through 
deck slats, and to minimize the likelihood of moisture penetration.
    Comment: The reference to a six millimeter polyethylene is a 
typographical error in Sec.  3285.204(b). A six millimeter polyethylene 
ground vapor retarder would be .039'' thick, as opposed to the six mil 
polyethylene that

[[Page 59344]]

was intended, which would be .006'' thick.
    Comment: Ground vapor retarders should be required only in enclosed 
areas and paragraph (a) should be revised to read as follows: ``(a) If 
space under the home is to be enclosed with skirting or other material, 
a vapor retarder is required in the following situations: (1) In humid 
regions (this region is considered to follow the very heavy termite 
infestation probability map, reference in the HUD Sept., 1996 PFGMH); 
(2) in situations where the crawlspace soil elevation is below the 
natural surrounding surface elevation (i.e., pit set applications); (3) 
in installations where concrete decks, retaining walls or other solid 
barriers prevent venting on more than one side (refer to Sec.  
3285.505).''
    HUD Response: Section 3285.204 of the final rule does not permit 
any voids or tears in the ground vapor retarder, requires all joints to 
be overlapped at least 12 inches, and allows the vapor retarder to be 
installed around or over footings and other obstructions, as suggested 
by the commenters. The final rule also corrects the typographical error 
in the proposed rule in paragraph (b) by requiring the thickness of the 
vapor retarder to be a minimum of six mil polyethylene sheeting. The 
final rule also clarifies that all enclosed and skirted areas are to be 
provided with a ground vapor retarder, except in arid regions and areas 
for open porches, decks, and recessed entries.

Subpart D--Foundations

    Comment: Sec.  3285.301(b) Alternative Foundation Systems. The 
requirement that foundations that are not of the pier and footing type 
are to be designed by a professional engineer increases costs to the 
consumer.
    Comment: It is unnecessary for a professional engineer or architect 
to be consulted for site preparation, if the manufacturer's manual does 
not cover the specific conditions for the site, because every manual 
has been reviewed by the industry's national association and it always 
contains some information with regard to site preparation. If not, the 
LAHJ can be looked to for any other conforming requirements.
    Comment: Sec.  3285.301(b) et al. The proposed rule's requirements 
for ``acceptable engineering practice'' are too broad to ensure 
uniformity. As written, the commenter finds four problems with the 
proposed language: (1) It suggests that all aspects of design require 
registered professionals, (2) the standard is not specific to the 
design and construction of manufactured homes, (3) it is not specified 
where the professional has to be registered, and (4) it will increase 
costs because services of engineers and architects will be required for 
each installation rather than having the manufacturer provide the 
information universally. The commenter proposes to change the language 
to read, * * * Must be prepared by the manufacturer or by a registered 
professional engineer or a registered architect in accordance with the 
manufacturer's home design and the Manufactured Home Construction and 
Safety Standards (3280).'' [Same comment for Sec. Sec.  3285.301(d), 
3285.306(c), 3285.310(c), 3285.312(c)(1) and (2), 3285.314(b), 
3285.401(b) and (b)(2), 3285.402(c)]
    Comment: Sec.  3285.301(c) General. Most registered professional 
engineers or registered architects are not aware of the federal 
standards or how manufactured homes are designed and constructed. They 
are also unaware of critical areas of support. If the designs fail, the 
federal program has no authority over these outside professionals.
    HUD Response: The requirements for the use of professional 
engineers or architects to certify various aspects of the 
manufacturer's installation instructions for foundation and anchoring 
support, including alternative foundation systems, are retained in the 
final rule and are no different than what is currently required for 
certification of this information under the Manufactured Home 
Construction and Safety Standards. In addition, one of the 
responsibilities of a professional engineer or registered architect is 
to understand all aspects of any design, including critical areas of 
support, before certifying that it complies with the appropriate 
standards or requirements. The installer must have the professional 
engineer's or registered architect's design approved by the 
manufacturer and its DAPIA prior to installation. DAPIA approval is 
necessary to enable HUD to enforce such modifications to the 
manufacturer's installation instructions.
    Comment: Installation Instructions for Perimeter and Permanent 
Foundations/HUD Question: Should manufacturers who design their 
manufactured homes to be installed on perimeter or permanent 
foundations, in addition to pier, footing, and anchor foundations, be 
required to also provide DAPIA-approved installation instructions for 
perimeter and/or permanent foundations and the pier, footing, and 
anchor systems?
    Comment: Additional DAPIA-approved instructions for other 
foundation systems, including perimeter or permanent foundations, 
should not be required if a manufacturer has complied with either 
engineered plans or state-established standards for permanent 
foundations.
    HUD Response: DAPIA-approved installation instructions are required 
to be provided by manufacturers under section 605(b) of the Act. The 
final rule indicates that foundation systems that are not of pier and 
anchor type configurations may also be used, when substantiated by 
engineering design as being capable of resisting the design loads in 
the Manufactured Home Construction and Safety Standards. If alternative 
foundation designs are not provided in the installation instructions 
and are desired or needed for site-specific conditions, installers are 
required to first contact manufacturers to obtain variations to the 
instructions or, if not available from the manufacturer, to use a 
design prepared by a professional engineer or architect (Sec.  
3285.2(c)). The installer must have the professional engineer's or 
registered architect's design approved by the manufacturer and its 
DAPIA prior to installation. DAPIA approval is necessary to enable HUD 
to enforce such modifications to the manufacturer's installation 
instructions.
    Comment: Sec.  3285.301(a) General. The design of the foundation 
system should not be limited to the design loads required by the 
Manufactured Home Construction and Safety Standards, as indicated on 
the home's data plate. Presently, manufactured homes are not designed 
for flood loads, but foundation and anchorage systems sited in flood 
hazard areas should be capable of resisting flood loads. Similarly, 
manufactured homes are not presently designed for seismic forces, but 
foundation and anchorage systems installed in areas subject to 
earthquake forces should be capable of resisting seismic loads. To 
remedy the above concerns, the section should be revised to read as 
follows: ``(a) Foundations for manufactured home installations must be 
designed and constructed in accordance with this subpart and must be 
based on site conditions, home design features, and the greater of (1) 
the loads the home was designed to withstand as shown on the home's 
data plate, and (2) design loads specified elsewhere in these Standards 
or by the LAHJ or state.''
    HUD Response: Under the final rule, states and localities are not 
prevented from establishing and enforcing seismic requirements or 
higher design requirements for foundations and anchorage to resist 
flood loads.

[[Page 59345]]

    Comment: Test Protocol for Alternative Foundation Systems/HUD 
Question: What specific requirements should be included in the national 
test protocol for alternative foundation systems protocol referred to 
in the proposed Model Installation Standards?
    Comment: It would be best to delay providing any specific 
considerations or testing requirements in the final rule, because the 
MHCC has been tasked to develop a recommended test protocol for 
proprietary foundation systems. Further, any proprietary system can be 
evaluated by a manufacturer and included, at its option, in the 
installation manual, subject to DAPIA approval.
    Comment: Currently a de facto, nationally recognized protocol 
exists, which has been extensively used to evaluate most of the 
alternative foundation systems on the market.
    HUD Response: Section 3285.301(d) of the final rule includes 
provisions for a nationally recognized testing protocol for proprietary 
foundation systems or alternatively requires proprietary foundation 
system designs to be prepared or tested by a registered professional 
engineer or registered architect. Efforts are underway by the MHCC to 
develop recommendations for a national testing protocol, which will be 
considered by the Department of Housing and Urban Development upon its 
completion. Presently, states that are operating an installation 
program have differing requirements for the testing of proprietary 
foundation systems, and there is no universally accepted de facto 
method for testing, as suggested by one of the commenters.
    Comment: Sec.  3285.302 Installation of Manufactured Homes in Flood 
Hazard Areas. Manufacturers should be required to either include flood-
resistant considerations in their foundation specifications (and state 
the conditions under which the specifications are applicable in terms 
of specific ranges of velocities, depths, and wave action), or state 
that their foundation specifications do not address flood loads and 
shall not be used in flood hazard areas.
    HUD Response: Section 3285.302 of the final rule requires that the 
installation instructions identify whether the foundation 
specifications have been designed or not designed for flood-resistant 
considerations.
    Comment: Sec.  3285.303(b)(1) Acceptable Piers-Material 
Specifications. The section should be revised to read as follows: 
``Piers are permitted to be concrete blocks, pressure-treated wood 
treated with a water-borne preservative in accordance with AWPA 
Standard U1 for Use Category 4B ground contact applications, or 
adjustable metal or concrete piers.''
    HUD Response: Section 3285.301(b) of the final rule has been 
revised in accordance with the above comment to reference a more 
current standard permitting the use of water-borne preservatives for 
pressure treatment of wood members.
    Comment: Sec.  3285.303 Piers/HUD Question: Should the Model 
Installation Standards include other design characteristics or 
standards for manufactured piers such as protection from the elements, 
material specifications, a testing protocol, or listing and labeling 
requirements?
    Comment: Piers and other support or anchorage devices should be 
designed and constructed to resist weathering, corrosion, and 
deterioration with minimal maintenance and upkeep on the part of the 
owner. This is especially important in coastal areas where salt spray 
corrosion is present, and in flood hazard areas where the supports and 
anchorage are subject to inundation.
    Comment: Manufactured piers are designed to withstand certain loads 
and, as long as the home manufacturer provides the loading requirements 
at each intended pier location, a manufactured pier that is capable of 
resisting those loads should be acceptable for use.
    Comment: The proposed rule specifies that manufactured home piers, 
other than concrete masonry units or steel jack stands, be listed and 
labeled for the required vertical loads and appropriate lateral loads. 
This appears to be a performance-based requirement. There does not seem 
to be any reason to provide a laundry list of design conditions. HUD 
should maintain the status quo until some nationally recognized 
material/testing protocol can be developed.
    HUD Response: The proposed rule did not exclude metal stands or 
piers from the requirement to be listed and labeled, as suggested by 
the commenter. This is further clarified in Sec.  3285.308 of the final 
rule, which requires that any metal pier or other type of manufactured 
pier be listed, meet the pier load requirements of the Model 
Installation Standards in Sec.  3285.303, and be protected against 
weather deterioration and corrosion.
    Comment: Sec.  3285.303(d) Pier Loads. The word ``poured'' should 
be deleted, as it suggests that the footers for piers loads need to be 
poured.
    HUD Response: The term ``poured'' has been deleted in the final 
rule.
    Comment: Sec.  3285.303 Tables 1, 2, and 3. The Tables are 
confusing and should be simplified by retaining only the ``Pier and 
Footing Load'' column and by deleting all references to the 16''x16'' 
concrete footing /pyramid layout method in the Tables and by deleting 
Figure C to Sec.  3285.312 in its entirety.
    Comment: The footnotes in the tables should indicate that flood or 
seismic loads were not considered in developing the tables and that the 
tables should not be used in determining foundation requirements in 
flood hazard areas or seismic hazard areas.
    HUD Response: The Tables in the final rule have been revised to 
delete the references to footing layouts, and Figure C to Sec.  
3285.312 has also been deleted in the final rule. A footnote has also 
been added to each of the Tables in the final rule indicating the 
Tables do not consider flood hazard or seismic design load 
requirements.
    Comment: Sec.  3285.304 Pier Configuration. There are a number of 
inconsistencies between the text in this section and Figures A and B to 
Sec.  3285.306 with regard to cap thickness, size, and material 
callouts and specifications; shim size, use, thickness, and 
orientation; and gaps between the main chassis beam and foundation 
support system specifics.
    HUD Response: Figures A and B and the text of this section have 
been revised in the final rule to address comments regarding 
inconsistencies between them in cap requirements (i.e., \1/
2\<gr-thn-eq>-steel plate thickness has been used in both the text and 
Figures in the final rule), by requiring wood shims to be hardwood and 
by clarifying alternatives for filling gaps.
    Comment: Sec.  3285.305 Clearance Under Homes/HUD Question: Should 
the Model Installation Standards include minimum clearances in areas 
such as those required for access or inspection?
    Comment: A minimum clearance under a home is required to install 
and inspect utility connections, bottom board repairs, etc. All of the 
area underneath a home should be accessible for that, and even if there 
are no utility connections in an area, bottom board repairs may still 
need to be made on-site.
    Comment: A 12-inch minimum clearance should be maintained beneath 
the lowest member of the main frame and the ground under 100 percent of 
the home.
    HUD Response: The final rule requires a minimum clearance of 12 
inches under the home to the ground, including areas between the lowest 
point of the frame and the grade.

[[Page 59346]]

    Comment: Sec.  3285.306(b) Frame Piers 36 Inches to 80 Inches and 
Corner Piers. The MHCC and other commenters stated that mortar should 
not be required, unless specified in the manufacturer's installation 
instructions. Further, if mortar is required for all frame or corner 
piers between 36 inches and 67 inches in height, it would add 
unnecessary costs to the installation of the home.
    Comment: When concrete block piers are required to use mortar, the 
type of mortar should be indicated in the standards.
    Comment: Section 3285.306(a)(5) should be changed to read as 
follows: ``Mortar is not required if a solid 4<gr-thn-eq> cap block is 
placed on top of the hollow masonry blocks and the pier is not being 
considered as an anchoring point, unless otherwise specified in the 
installation instruction or required by a registered engineer or 
registered architect.''
    HUD Response: Paragraphs (a), (b), and (c) of Sec.  3285.306 of the 
final rule have been revised to indicate that the use of mortar is only 
required when specified in the manufacturers installation instructions 
or required in designs prepared by a professional engineer or 
registered architect.
    Comment: Sec.  3285.306(b)(2). The Model Installation Standards 
should address offsets in piers over 36<gr-thn-eq> in height and the 
maximum tilt of piers from vertical for piers of any height.
    HUD Response: Horizontal offsets for piers over 36<gr-thn-eq> and 
up to 67<gr-thn-eq> in height are limited to 1<gr-thn-eq> in Sec.  
3285.306(b)(1) of the final rule.
    Comment: Figure B to Sec.  3285.306 Typical Footing and Pier 
Installation, Double Concrete Block. The maximum pier height of 80 
inches should be reduced to 67 inches, because the tie-down charts 
provided in this standard are limited to 67'' and pier designs greater 
than 67'' in height will require independent engineering designs.
    HUD Response: The requirements for frame and corner pier height in 
Figure B and the text of the final rule have been reduced from 80 
inches to 67 inches to be consistent with other tables and figures in 
the Model Installation Standards.
    Comment: Sec.  3285.309 Elevated Homes. Since information is 
provided for designing tie-downs and piers up to 67'' high, the ``one-
fourth of the area of a home'' requirement should be deleted.
    HUD Response: The provisions for elevated homes have been deleted 
in the final rule, as recommended by the commenters. A professional 
engineer or registered architect would be required to prepare designs 
that exceed 67'' in height or for other conditions not specifically 
addressed by these Model Installation Standards.
    Comment: Sec.  3285.310 Figures/Tables for Marriage Line Pier 
Supports (Generally). The manufacturer's installation manual would be 
easier to reference for these requirements rather than the 
specifications, Tables, and Figures in the proposed rule.
    HUD Response: As recommended by the MHCC and others, the Tables, 
Figures, and specifications are needed to establish the minimum 
requirements and guidance needed for preparing manufacturer's 
installation instructions.
    Comment: Sec.  3285.310 Typical Mate-Line Column Pier and Mating 
Wall Support. Footnote 1 of Figure A to Sec.  3285.310 requires all 
footings to extend below the frost line depth. This requirement is 
inconsistent with Sec.  3285.312(c), which allows footings to be 
located at grade, when insulated foundation systems are used in areas 
subject to freezing. Instead, Footnote 1 should be revised to reference 
Sec.  3285.312(c) for footing requirements in frost-heave susceptible 
soils. This same comment also applies to Figure B.
    Comment: Figure A to Sec.  3285.310 Typical Mate-Line Column Pier 
and Mating Wall Support When Frame-Only Blocking is Required and Figure 
B to Sec.  3285.310 Typical Mate-Line Column Pier and Mating Wall 
Support When Perimeter Blocking is Required. For locations more than 
two feet from the perimeter of the home, the frost line depth should be 
one half of that required for perimeter footings, because temperatures 
under the home are not low enough to cause severe soil frost line 
conditions.
    Comment: The pier capacity indicated in Footnote 3 for single dry 
stack concrete block piers should be reduced from 10,000 lbs. to 8,000 
lbs., while another commenter recommended the capacity be reduced even 
further to 5,725 lbs.
    Comment: Footnote 6 for Figure A and Footnote 4 for Figure B should 
be revised to indicate that pier or other supports are required for any 
opening 48'' or greater at either the mate-line or the side wall.
    HUD Response: Footnote 1 of the Figures A and B to Sec.  3285.310 
in the final rule have been revised to indicate that the bottom of the 
footings must extend below the frost line depth, unless designed for 
placement above the frost line. In addition, alternatives to locating 
footings below the frost line, such as by using an insulated foundation 
system, are provided in Sec.  3285.312(b) of the final rule. Other 
footnotes to the figures in Sec.  3285.310 have been revised, as 
recommended by the commenters to indicate that pier supports are 
required for any opening of 48'' or greater. The footnotes to the 
figures have also been revised by reducing the maximum load permitted 
on a single stack concrete block pier from 10,000 lbs. to 8,000 lbs., 
as determined by HUD's analysis.
    Comment: Sec.  3285.310(b). Paragraph (b) should be revised to 
read, ``(b) Mate-line and column pier supports must be in accordance 
with this subpart and consistent with Figures A through C to this 
section or located and sized to withstand the loads provided by the 
home manufacturer for the specific home.''
    HUD Response: Paragraph (b) has been revised in the final rule to 
indicate that the mate-line column and pier supports are required to be 
in accordance with the provisions of Subpart D, unless the pier support 
and footing configuration is designed by a registered professional 
engineer or architect.
    Comment: Sec.  3285.311 Required Perimeter Supports. Piers are not 
the only means of perimeter support; other means such as additional 
outriggers or floor joists should also be permitted.
    Comment: The reference to wood stoves should be changed to 
fireplace stoves, since wood stoves have not been used in manufactured 
homes for many years.
    Comment: References in Sec.  3285.311(b) to Tables 1 and 3 should 
be deleted, because only Table 2 addressed the use of perimeter piers.
    Comment: In recognition of mountainous areas where snow loads are 
greater than 40 psf, a new paragraph (c) should be added to read, as 
follows: ``Perimeter support in accordance with manufacturer's 
installation instructions may be required for roof loads in excess of 
40 psf.''
    HUD Response: Section 3285.311(a)(2) of the final rule provides for 
other means of perimeter support, such as by additional outriggers or 
floor joists, and requires the sizing of pier and footing supports to 
consider the additional loads from these alternative supports. The 
final rule has also been revised to change the term ``wood stoves'' to 
``fireplace stoves'' to be consistent with the Manufactured Home 
Construction and Safety Standards. For roof live loads in excess of 40 
psf or greater, a professional engineer or architect must determine the 
maximum sidewall opening that is permitted. In addition, the references 
to Tables 1 and 3 have been deleted in the final rule, as recommended 
by the commenters.
    Comment: Sec.  3285.312(b)(1)(i) Footings; Acceptable Types of 
Footings

[[Page 59347]]

Concrete/HUD Question: Should the Model Installation Standards provide 
minimum steel reinforcement specifications for cast-in-place footings?
    Comment: There should be minimum requirements for steel 
reinforcement of footings to prevent footing damage or failure.
    Comment: Footing design, including the amount and size of steel 
reinforcement, should be left up to the registered professional 
engineer or architect preparing the design.
    Comment: Steel reinforcement specifications for cast-in-place 
concrete footings are not necessary for inclusion in Model Installation 
Standards, since these are specified by the manufacturer and would 
exceed the minimum standard requirements.
    HUD Response: Section 3285.312(a)(1)(ii) in the final rule has been 
revised to indicate that site-specific soil conditions may require the 
use of reinforcing steel for design of cast-in-place footings.
    Comment: Sec.  3285.312(b)(1)(i) Acceptable Types of Footings. 
Concrete. The requirement for four-inch nominal precast concrete pads 
to have a 28-day compressive strength of at least 4,000 psi is 
inconsistent with the industry practice of using 1,200 psi. Further, 
there is no explanation or engineering rationale provided as to why 
1,200 psi cannot be used, and 4,000 psi precast footing pads are not 
currently available. The standard should be set at 1,200 psi and the 
same revision should be made to Figure C to Sec.  3285.312.
    Comment: The word ``must'' should be stricken from Sec.  
3285.312(b)(1) to allow concrete footings to be either precast or 
poured-in-place, or both.
    HUD Response: The final rule has been revised to reduce the 28-day 
minimum compressive strength for precast concrete footings from 4,000 
psi to 1,200 psi, in accordance with the recommendations of the 
commenters. While the rule permits either precast or poured-in-place 
concrete footings, because of different settlement rates for the 
different types of footings, the use of both at a particular site is 
limited to a design approved by a registered professional architect or 
engineer.
    Comment: Sec.  3285.312(b)(2) Footings; Pressure-Treated Permanent 
Wood. This subsection should be reorganized into: (i) Physical 
requirements, (ii) treatment requirements, and (iii) field treatment of 
cut ends. The subsection, as designed and combined by the commenter, 
would read: ``(2) Pressure-treated Wood. (i) Pressure-treated wood 
footings shall consist of a minimum of two layers of nominal 
2<gr-thn-eq> thick pressure-treated wood, or a single layer of 
pressure-treated plywood with a minimum thickness of three-quarters of 
inch and a maximum size of 16<gr-thn-eq>x16<gr-thn-eq>, or, for larger 
sizes two pieces of nominal three-quarter inch thick plywood. Plywood 
shall be American Plywood Association-rated sheathing, Exposure 1 or 
Exterior in accordance with PS1. (ii) Pressure-treated lumber and 
plywood shall be treated with a water-borne preservative in accordance 
with American Wood Presservers' Association standard U1 for Use 
Category 4B ground contact applications. (iii) Cut ends of pressure-
treated lumber shall be field treated in accordance with AWPA M4-02.''
    HUD Response: Section 3285.312(a)(2) of the final rule for 
pressure-treated wood footings has been revised, in accordance with the 
above recommendations.
    Comment: Sec.  3285.312(b)(3) Acrylonitrile Butadiene Styrene (ABS) 
Footing Pads/HUD Question: Should ABS footing pads be listed and what 
type of criteria should be contained in the Model Installation 
Standards to ensure the products are durable and can be adequately and 
uniformly evaluated for review and approval?
    Comment: ABS footing pads should be certified for use by soil 
classification. ABS or other plastic type footing pads tend to deflect 
more in sandy soil conditions.
    Comment: ABS footing pads are currently being approved and used and 
should be permitted under the Model Installation Standards. States 
should continue to be responsible for determining the appropriate 
criteria and approval procedures for use of ABS footing pads until a 
nationally recognized material/testing standard is developed.
    Comment: The proposed rule does not mention that any limitations 
for use of ABS pads in areas subject to freezing or frost.
    Comment: ABS footing pads must be approved for the permitted load 
and soil bearing capacity since there are no requirements for listing 
or labeling.
    HUD Response: Section 3285.312(a)(3) of the final rule permits the 
use of ABS footing pads, but requires they be listed and labeled as to 
their load capacity and adds the requirement that they also be 
certified for use in the soil classification at the site.
    Comment: Sec.  3285.312 Footings. Any type of interior supports and 
pads that are deemed appropriate by the manufacturer should also be 
acceptable for use on interior supports of permanent foundations, where 
any material longevity issues are satisfied.
    HUD Response: A new paragraph, (a)(4), has been added to this 
section in the final rule to allow the use of other materials for 
footing pads, provided they are listed for such use and meet all other 
applicable requirements for footings in this subpart.
    Comment: Sec.  3285.312(c) Placement in Freezing Climates. DAPIA-
approved installation manuals should indicate that all footings must 
extend below the frost line or be protected from the effects of frost 
heave.
    Comment: Why are frost depths not established in the Model 
Installation Standards as they are in other model building codes, and 
instead determined by the LAHJ?
    Comment: The requirements for monolithic slab systems and insulated 
foundations in paragraphs (2) and (3) should be revised to permit the 
design to be prepared by a registered professional engineer or 
registered architect using acceptable engineering practice to prevent 
the effects of frost heave or in accordance with SEI/ASCE 32-01, rather 
than requiring compliance to both of the above provisions. The 
commenters indicated that for monolithic slabs and insulated 
foundations there should be two ways to obtain approval, to avoid 
increasing the cost of installation.
    Comment: The reference to the SEI/ASCE 32-01 design criteria should 
not be included because it is too stringent and would not allow 
perfectly acceptable installation alternatives to be used. Further, any 
installation system outlined by the manufacturer that meets or exceeds 
the requirements contained in the Model Installation Standards, is 
approved by a registered engineer, and provides for protection from the 
effects of frost heave should be allowed.
    Comment: If only SEI/ACSE 32-01 is referenced, it may effectively 
eliminate any type of insulated skirting system from being used to 
permit pier footings to be above the frost line.
    Comment: Four field test reports appeared to indicate that 
alternative strategies could be used to protect manufactured home 
foundation systems in freezing climates without requiring the 
foundations to be embedded below the frost line or conform to SEI/ASCE 
32-01. The above-referenced tests have shown that insulated skirting 
materials can keep the ground under the home above freezing 
temperatures.
    Comment: Requiring monolithic slabs to be approved by a registered 
professional engineer or a registered architect will have the 
consequence of adding thousands of dollars in costs to the purchase 
price of homes placed in manufactured home communities, not

[[Page 59348]]

to mention the additional costs resulting from either the relocation 
of, or damage and disruption to, the underground utility infrastructure 
such as water and sewer lines, electric supply lines, and cable and 
telephone lines.
    Comment: Manufactured home land-lease communities do not have any 
flexibility in being able to shift a home even a few inches on a lot to 
avoid the intersection of the frost-free foundation system with the 
existing infrastructure. Further, frost-free foundation systems would 
require state-mandated lease agreements to be modified to reflect who 
the responsible party will be if a home's concrete slab needs to be 
removed for emergency repairs or for maintenance work to the park's 
infrastructure beneath the home. In addition, digging frost-free 
foundations could cause damage to existing utility services. Further, 
land-lease communities have allowed manufactured homes to be supported 
upon concrete block piers resting on either concrete ``ribbons'' or on 
concrete pads under the home. These systems have proven successful and 
provide an affordable alternative to supports embedded within the soil, 
if proper skirting and flexible utility connections were properly 
installed. The provisions of the proposed HUD standards requiring 
supports to be installed to or below frost depth should be limited to 
apply only to those homes permanently installed as real estate.
    Comment: If it is determined that interior footings at crawl space 
finished grade, or at least at a reduced depth, are appropriate in 
frost climates on perimeter-insulated foundation designs, then this 
determination should also extend to permanent foundations. Placing all 
interior footings at frost depth below grade is unnecessary and will 
make manufactured homes less affordable, as the cost is estimated to be 
between $3,000 and $5,000.
    HUD Response: The need to protect foundation and anchorage systems 
against the effects of frost heave is now specifically referred to in 
Sec. Sec.  3285.312(b) and 3285.404 of the installation standard. HUD 
believes that, due to local variability in frost depth locations, local 
municipalities are the best sources for this information, and HUD will 
allow frost depth to be determined by the LAHJ in the final rule. Other 
cost-effective alternatives are permitted in the final rule, such as 
monolithic slabs and insulated foundation systems, provided they are 
designed in accordance with either accepted engineering practice to 
address the effects of frost heave or in accordance with the SEI/ASCE 
32-01, Design and Construction of Frost-Protected Shallow Foundations. 
By permitting the use of these alternative methods and not requiring 
foundations to be placed below the frost line, HUD believes that 
problematic situations with utilities and in existing land-lease 
communities, as described by the commenters, are reduced.
    Comment: Figure A to Sec.  3285.312 Typical Blocking Diagram for 
Single Section Homes. Footnote 4 of this figure should be revised by 
changing the reference from ``atrium doors'' to ``sliding glass 
doors,'' to maintain consistency with other requirements in the Model 
Installation Standards.
    HUD Response: Footnote 4 has been revised in the final rule to 
refer to patio doors and sliding glass doors instead of atrium doors.
    Comment: Figure C to Sec.  3285.312 Footing Configuration Layout 
Designs. Figure C should be deleted from the final rule, since it is 
based on 16<gr-thn-eq> x 16<gr-thn-eq> footing pads; stacked footer 
layouts that could lead to poor foundation performance and that are 
inconsistent with the size and thickness of footing pads (i.e., 2' x 2' 
pre-cast concrete pads) typically used in installing manufactured 
homes. In addition, the use of footing layout configurations is overly 
conservative, not cost-effective, and should not be used as a minimum 
standard.
    HUD Response: HUD agrees with the commenters, and Figure C has been 
deleted from the final rule.
    Comment: Sec.  3285.314 Permanent Foundations/HUD Question: Should 
the Model Installation Standards include a definition and expanded 
requirements for permanent foundations? If so, what specifics should be 
considered and included in the Model Installation Standards?
    Comment: The model (minimum) standard should not require 
manufacturers to provide DAPIA-approved designs for permanent 
foundations. This would be an added extra cost to these producers for 
complying with a requirement that their buyers may not even wish to 
consider.
    Comment: The model standard should make no mention of anything 
concerning how mortgage lenders or others can establish financing 
eligibility requirements for permanent foundations. This is for the 
financial institutions to decide, and this standard needs to stay 
focused on providing a model installation standard. Financing options 
are outside the scope of the rule, and such references should be 
deleted.
    Comment: A permanent foundation under a HUD-Code home should be 
subject to the same requirements as any modular, panelized, or stick-
built home under an LAHJ.
    Comment: Without a clear definition for a permanent foundation, how 
will it be determined whether the proposed permanent foundation is 
adequate?
    Comment: ``Designs for permanent foundations (such as basements, 
crawl spaces, or load-bearing perimeter foundations) may be permitted 
to be obtained from the home manufacturer, or designed by a registered 
professional engineer or architect, and constructed in accordance with 
local building code requirements.'' This is the proper performance-
based language for any section on permanent foundations.
    Comment: HUD has materially deviated from the intent of the MHCC 
language by allowing states and localities to mandate that permanent 
foundations be used.
    Comment: HUD should permit states or local governments to impose 
requirements for homes on permanent foundations in accordance with 
local governing codes, as long as the design exceeds the model 
standard, and HUD should not limit mortgage lenders from establishing 
financing eligibility requirements or underwriting standards that 
provide greater protection than the model standard.
    Comment: Section 3285.314(a) should be deleted and replaced with, 
``The placement of a manufactured home on a permanent foundation must 
be in accordance with state [or LAHJ] requirements, installed in 
accordance with the listing by a nationally recognized testing agency 
based on a nationally recognized testing protocol, or installed in 
accordance with the manufacturer's approved permanent foundation 
installation instructions and in all cases, based on the home's design 
and load requirements of the Manufactured Home Construction and Safety 
Standards.''
    HUD Response: As suggested by a majority of the commenters, the 
requirements for permanent foundations have been deleted in the final 
rule. HUD's decision was based on a number of factors, including: (1) 
Under the Act, states and local governments are not restricted from 
establishing specific requirements for permanent foundations, provided 
they comply with the minimum requirements of the Model Installation 
Standards; (2) Mortgage lenders are not governed by the Model 
Standards; (3) HUD believes that these requirements may be better 
addressed as part of the national test protocol for alternative 
foundations referred to in Sec.  3285.301(d) that HUD is developing 
together with the MHCC.

[[Page 59349]]

    Comment: Sec.  3285.315 Special Snow Load Conditions. The MHCC 
language regarding ramadas is preferable to that used in the proposed 
rule, because HUD unnecessarily limits the use of ramadas to areas 
where the snow load exceeds 40 psf. Commenter asks why couldn't a 
ramada be used on a home with a 20-psf roof where the snow load is 30 
psf? Also, the MHCC language of ``self supporting'' is much clearer as 
to the intent than is the HUD language.
    HUD Response: The final rule is revised to clarify that ramadas are 
to be self-supporting. HUD's installation program regulations will 
address requirements for placement of homes in accordance with the 
design requirements for roof loads and other geographic variations as 
indicated on the home's data plate.

Subpart E--Anchorage Against the Wind

    Comment: Sec.  3285.401(c). This section lacks sufficient detail as 
to the information that needs to be included in the manufacturer's 
installation instructions for anchor assembly type installations. Areas 
that need to be addressed include: strap attachment, strap angle, 
stabilizing plates, protection at the sharp corners, longitudinal 
anchoring methods, and alternative anchoring methods.
    HUD Response: A new paragraph (d) has been added in the final rule 
to clarify that all of the information is required to be provided for 
anchor assembly type installations.
    Comment: Sec.  3285.401(a-c) Anchoring Instructions. The Maximum 
Diagonal Tie-down Strap Spacing Tables for determining anchorage 
requirements to resist wind loads in Sec.  3285.401 are intended for 
use under specific circumstances. Since flood or seismic loads are not 
considered in the tables, a new footnote should be added at the end of 
each table to read as follows: ``The maximum heights and strap spacing 
specified in the table assume no flood or seismic loads acting on the 
foundation or home. These tables shall not be used in flood hazard 
areas or seismic hazard areas. In these areas, the foundation and the 
anchorage design shall be specified by a registered engineer or 
professional architect.''
    HUD Response: The tables have been relocated to Sec.  3285.402 in 
the final rule. A footnote has been added to each table indicating that 
flood or seismic loads have not been considered and that the tables are 
not intended for use in flood or seismic hazard areas. In those areas, 
the anchorage system must be designed by a registered professional 
engineer or architect.
    Comment: Sec.  3285.401(c). The current wording sounds as if a home 
MUST be installed to the design loads. The language should be changed 
to read as follows: ``(c) All anchoring and foundation systems must be 
capable of meeting the loads required by part 3280, Subpart D of the 
Manufactured Home Construction and Safety Standards (MHCSS), for the 
area in which the home is located. The home's design must be based on 
the loads shown on the data plate, or higher.'' Another commenter 
indicated that this provision would be unnecessarily burdensome and 
costly for foundation and anchoring requirements, if a home is to be 
sited in a roof load zone or wind zone that had less restrictive design 
load requirements than the home had been designed to resist.
    HUD Response: An exception has been added to this section in the 
final rule to indicate that when manufactured homes are installed in 
less restrictive roof load zone and wind zone areas, they may have 
foundation or anchorage systems that are capable of meeting the lower 
design load provisions of the part 3280 standards. However, this is 
conditioned upon the availability of either a design for the lower 
requirements in the manufacturer's installation instructions or having 
a foundation and anchorage system designed for the lower requirements 
by a professional engineer or registered architect.
    Comment: Sec.  3285.401(d) Anchoring Instructions. A new paragraph 
should be added to 3285.401: ``Compliance with the wind requirements of 
NFPA 225 shall be deemed to comply with 3285.401(a) through 
3285.401(c).
    HUD Response: This comment was not accepted, as the requirements in 
the final rule for anchoring are different in certain respects than 
those contained in NFPA 225.
    Comment: Sec.  3285.402(a) Ground Anchor Installations. The 
definition for ``ground anchor'' should be changed to ``ground anchor 
assembly,'' as all portions of the anchor, anchor head, bolts and nuts, 
stabilizer plates, etc., should be protected from corrosion.
    HUD Response: A new definition for anchor assembly is included in 
the revisions to parts 3280 and 3285. However, the final rule also 
contains a separate definition for ground anchors.
    Comment: Sec.  3285.402(a). The requirements for a nationally 
recognized ground anchor test protocol should not be finalized until 
the MHCC recommendations for the test protocol are finalized and 
presented to HUD for its consideration.
    Comment: Proposed changes to ground anchor testing methods are not 
necessary because the testing protocols currently in place have worked 
well for many years. Failures are not a result of test requirements; 
they are a result of not following installation instructions. Changing 
the testing requirements would result in higher costs to homeowners.
    Comment: The rule does not address the capacity of ground anchors 
in wet or saturated soil. The lack of specific test standards and 
protocols in the rule will result in the actual performance of 
different anchors under the same conditions to vary greatly. This will 
impact the ground anchor spacing provided in the rule.
    Comment: Minimum spacing of anchors is not a requirement in the 
current anchor test protocol being developed by the MHCC Installation 
Subcommittee and should be considered.
    HUD Response: HUD disagrees with the comment that a national 
testing protocol is not needed, because anchor performance is dependent 
on a number of factors, including soil strength, angle of pull, and 
size of the stabilizer plate, which are not consistently being 
evaluated due to the unavailability of a national testing requirement. 
Recommendations for a nationally recognized testing protocol for 
anchors referred to in Sec.  3285.402(a) of the final rule are 
currently being developed by the MHCC, and when completed, are expected 
to address testing and certification of anchors in saturated soils.
    As part of HUD's current research program to evaluate the MHCC 
draft testing proposal and make recommendations for a national test 
method for anchoring systems, anchor resistance, and behavior when 
anchors are located in close proximity to each other will also be 
considered.
    During the interim, anchors are required to be capable of resisting 
an ultimate load of at least 4,725 pounds and a working load of at 
least 3,150 pounds in any soil type or classification, including 
saturated soils, unless reduced ground anchor or strap capacities are 
used, as permitted in the final rule.
    Comment: 3285.402(b)(1) Ground Anchors. Ground anchors must be 
required to be installed to their full depth because when ground 
anchors are tested they are installed to their full depth.
    HUD Response: Section 3285.402(b) of the final rule has been 
revised to require that ground anchors be installed to their full 
depth. Ground anchors that

[[Page 59350]]

are not installed to their full depth have significantly reduced 
resistance to lateral, longitudinal, and uplift forces.
    Comment: Sec.  3285.402 Ground Anchor Installations. This section 
of the proposed rule would require galvanizing of ground anchors, 
anchor equipment, and stabilizing plates to be zinc-coated in all 
instances. This is inconsistent with Sec.  3280.306(g) of the 
Manufactured Home Construction and Safety Standards that permit 
anchoring equipment to have a resistance to weather deterioration at 
least equivalent to that provided by a coating of zinc on steel of not 
less than 0.30 oz./ft\2\. It also would preclude other acceptable forms 
of acceptable corrosion protection from being used, such as stainless 
steel, epoxy coatings, and even mill galvanizing, which are acceptable 
methods of corrosion protection in the site-building industry. Has HUD 
considered the economic impact of requiring all anchoring equipment to 
be zinc coated?
    Comment: Not all ground anchor assemblies will require the use of 
steel stabilizer plates. If a ground anchor assembly is tested to be 
listed or certified according to the Ground Anchor Test Protocol 
currently under consideration by the MHCC Subcommittee on Installation, 
that design should be able to be listed as a certified anchor assembly 
under that section.
    HUD Response: HUD agrees with the commenters and Sec.  
3285.402(c)(2) of the final rule has been revised to indicate that if 
metal stabilizer plates are used, they must be provided with protection 
against weather deterioration and corrosion at least equivalent to that 
provided by a coating of zinc on steel of not less than 0.30 oz./ft\2\ 
of surface coated. This paragraph of the final rule also indicates that 
ABS stabilizer plates may be used when listed and certified for such 
use.
    Comment: Sec.  3285.402 Ground Anchor Installations. Longitudinal 
Anchoring. Longitudinal anchoring should not be required in wind zone 1 
locations.
    Comment: A figure illustrating the installation of longitudinal 
anchors and tie-down straps should be provided showing the correct and 
incorrect methods of attachment of the tie-down straps to the chassis 
beams, as indicated in note 2. Also, further illustrations should be 
included to show the correct and/or incorrect methods of ground anchor 
installations, such as stabilizer plates, strap attachment (swivel 
strap, frame tie w/hook, frame tie w/buckle), proper strap tensioning, 
and concrete slab anchors.
    Comment: Section 3285.402(b)(2) is overly prescriptive and 
restrictive and should be modified to permit pan-bracing or other types 
of bracing systems to be used for longitudinal anchoring. The standard 
should be modified to permit pan-bracing systems to be used, unless 
there is data indicating such systems are insufficient for this 
purpose.
    HUD Response: Longitudinal anchoring is required to be provided to 
resist the design wind forces in all wind zones in the final rule based 
on the recommendations of the MHCC, NFPA 225, and engineering analysis. 
As suggested by the commenters, a new Figure C to Sec.  3285.402 has 
been added in the final rule to provide an example method for providing 
the longitudinal anchoring required by the final rule. Section 
3285.402(c)(3) has also been revised in the final rule to permit the 
use of alternative systems, such as pan-bracing type systems, provided 
they are capable of resisting the wind forces in the longitudinal 
direction.
    Comment: Sec.  3285.402 Figure B Anchor Strap and Pier 
Relationship. Note 2 (the diagonal ties footnote) should be removed, as 
there are other methods of preventing rotation of the I beam, including 
cross member placement. The sentence should be reworded to state: 
``When strap is attached to bottom of I beam, the I beam must be 
designed to prevent rotation.''
    HUD Response: Section 3285.401(d)(3) and Note 2 to Figure B on 
Anchor Strap and Pier Relationship have been revised in the final rule 
to indicate that when diagonal ties are not attached to the top flange 
of the main chassis beam, that the frame must be designed to prevent 
rotation of the beam.
    Comment: Tables 1-3 to Sec.  3285.402. The information listed in 
the tables does not include tie-down strap spacing requirements for 36-
foot-wide units. The tables should be expanded to also include 75.5'' 
I-Beam spacing, because homes are currently being constructed to that 
specification. Also, the tables should be expanded to include other 
sidewall heights, such as 84'', 96'', and 108'', which are industry 
standards.
    Comment: Note 2 of the tables specifies maximum 4'' inset of the 
anchor head, but an inset of 6'' is more typical to allow for skirting 
and perimeter wall or piers.
    Comment: In Note 6 for Table 1 and Note 7 for Tables 2 and 3, the 
second sentence should be revised to read as follows: ``Table based 
upon the minimum height between the ground and the bottom of the floor 
joist being 18 inches.''
    Comment: The provision in Note 9 in Table 1 and Note 10 in Tables 2 
and 3 should be revised to require that ground anchors be installed in 
accordance with the ground anchor manufacturer's instructions and not 
the home manufacturer's instructions.
    Comment: The ``second beam method'' provided in Tables 2 and 3 is 
not a viable option because of potential damage to HVAC ducts, 
plumbing, etc., in the floor. If the ``second beam method'' is 
retained, a cautionary note should be added to the tables to warn of 
potential damage.
    Comment: The anchor test protocol currently being developed by the 
MHCC Installation Subcommittee is recommending a 30-degree minimum 
angle for testing anchors in the diagonal direction. As such, 18-foot-
wide units at 25'' or less in height from the ground to the attachment 
point on the frame represent the only situation where the 30-degree 
minimum angle from horizontal cannot be maintained. Rather than 
unnecessarily limiting anchor performance, HUD should require the 
minimum height for 18-foot sections to be 33 inches or higher.
    Comment: A footnote should be added to Tables 2 and 3 to indicate 
that the tables are based on a maximum force of 1,640 lbs. being 
resisted by vertical tie straps. This is the maximum tension in the 
vertical strap as a result of tie-down calculations used to develop the 
tables. This note is important to properly size sidewall strap 
attachment components and brackets.
    HUD Response: The tables for diagonal strap spacing are based on 
recommendations from the MHCC and represent the most commonly used main 
chassis beam spacing of 82.5 inches and 99.5 inches and sidewall height 
of 90 inches. Other main beam spacing configurations or sidewall 
heights must be designed by a professional engineer or registered 
architect. The tables for diagonal strap spacing were developed based 
on a 4'' maximum inset. Other insets for ground anchors are permitted, 
provided they are included in the installation instructions or designed 
by a professional engineer or registered architect.
    Note 6 in Table 1 and Note 7 in Tables 2 and 3 on minimum height 
between the ground and floor joist has been revised in the final rule, 
in accordance with the above comments. Spacing requirements for 18-foot 
section widths were removed from the Tables 1 through 3 for consistency 
with other tables in other chapters of these installation standards.
    Tables 1 through 3 have also been revised in the final rule by 
providing

[[Page 59351]]

additional conditions for the minimum and maximum angles for their 
applicability and use in determining the maximum spacing of diagonal 
tie-down straps in Wind Zones I, II, and III. These limitations were 
recommended by the MHCC Installation Subcommittee based on the 
unfavorable results of anchor tests in weak soils, where the angle of 
pull on the anchor was 30 degrees or less. As a result, a number of the 
far beam spacing provisions are no longer applicable for use with the 
tables, although such provisions may be used in accordance with a site-
specific design approved by an architect or engineer.
    In the final rule, HUD did not include information on vertical tie 
strap capacity for connections, as this needs to be considered in the 
manufacturer's designs and installation instructions and is, therefore, 
not specified in the tables.
    Comment: Sec.  3285.404 Severe Climatic Conditions. Under Sec.  
3285.404, it should be acceptable for ground anchors to be installed 
above the frost line, when the footings for the foundation system are 
frost-protected against the effects of frost heave. There should be a 
reference to Sec.  3285.312(c), in which the approved alternate 
anchoring system may be included as part of a listed or labeled 
foundation support system (floating slab or insulated foundation).
    HUD Response: Section 3285.404 of the final rule has been revised 
to permit ground anchors to be installed above the frost line, provided 
the foundation system is frost protected to prevent the effects of 
frost heave, in accordance with acceptable engineering practice and 
Sec. Sec.  3280.306 and 3285.312.
    Comment: Sec.  3285.405 Severe Wind Zones. As more stringent 
anchorage design requirements may be specified elsewhere in these 
standards, by the LAHJ or the state, wind-resistant anchorage 
provisions contained in NFPA 225 should be deemed acceptable, and 
should be referenced for use by installers, designers, and LAHJs, if 
they so choose. The section should be revised to read as follows: 
``When any part of a home is installed within 1,500 feet of a coastline 
in Wind Zones II or III, the manufactured home must be designed for the 
greater of the increase requirements as specified (1) on the home's 
data plate (refer to Sec.  3280.5(f) of this chapter), (2) elsewhere in 
these standards, or (3) by the LAHJ or state, and in accordance with 
acceptable engineering practice. Where site or other conditions 
prohibit the use of the manufacturer's instructions, a registered 
professional engineer or registered architect in accordance with 
acceptable engineering practice must design anchorage for the special 
wind conditions. Compliance with the severe wind requirements of NFPA 
225 shall be deemed to comply with 3285.405.''
    HUD Response: The final rule does not include a provision that 
recognizes the wind and anchoring provisions of NFPA 225 as deemed to 
comply with these standards, as those requirements are not consistent 
with these standards. For purposes of installation, a state or LAHJ can 
establish more stringent wind design provisions for anchoring than are 
required by these minimum standards.
    Comment: Sec.  3285.406 Flood Hazard Areas. The section should be 
reworded to read as follows: ``In flood hazard areas, the piers, 
anchoring, and support systems must be capable of resisting all 
combined loads associated with design flood and wind events.'' This is 
particularly important in geographic areas susceptible to hurricanes 
where the homes will be subjected to high winds and saturated soil 
simultaneously. The scouring effects of both wind and water forces also 
need to be addressed regarding the anchoring and support system 
components.
    HUD Response: A reference to anchoring requirements in flood hazard 
areas has been included in Sec.  3285.302 of the final rule.

Subpart F--Optional Features

    Comment: Sec.  3285.502 Expanding Rooms. The first sentence of this 
section should be revised to read as follows: ``The support and 
anchoring systems for expanding rooms must be installed in accordance 
with designs provided by the home manufacturer or prepared by a 
registered professional engineer or registered architect in accordance 
with acceptable engineering practice.'' As proposed, the paragraph 
suggests that only a registered professional engineer or architect can 
design the installation.
    HUD Response: The final rule has been revised to also allow designs 
for support and anchoring of expanding rooms to be provided by the home 
manufacturer as an alternative to designs having to be prepared by a 
professional engineer or registered architect.
    Comment: Sec.  3285.503 Optional Appliances. These items [all 
optional features] are clearly under the scope of state and local 
codes. It would seem that HUD would be preempting such authority by 
state and local government to address such items.
    Comment: Section 3285.503(a) should also include a reference to the 
LAHJ and local or state code requirements, in addition to requirements 
in the manufacturer's instructions. The appliance manufacturer's 
instructions may not address all requirements that would be included in 
local or state codes enforced by the LAHJ.
    Comment: The word ``must'' could be confusing when referring to 
optional appliances. These appliances are optional, but the language 
could be read to require them to be mandatory. Accordingly, the section 
should be clarified to read as follows: ``Comfort cooling systems 
installed by someone other than the home manufacturer, must be done 
according to the appliance manufacturer installation instructions.''
    Comment: Minimum standards found in the International Residential 
Code (IRC) and International Fuel Gas Code should be referenced for 
various appliances and ventilation requirements in this chapter.
    Comment: While ventilation requirements should be consistent with 
model building codes, referencing the model codes in these standards 
would create yet another document that will need to be updated and 
revised.
    HUD Response: These installation standards are minimum requirements 
that a state or local jurisdiction must meet or exceed for any 
provision of these standards, including optional features covered by 
this subpart. Accordingly, HUD is not preempting state or local 
authority in these areas as suggested by the commenters, as states and 
municipalities may adopt additional requirements for the installation 
of optional appliances.
    References to the International Residential Code (IRC) or 
International Fuel Gas Code (IFGC) were not presented to the MHCC or 
suggested to the Department during the development and issuance of the 
proposed rule. Accordingly, they cannot be considered for introduction 
at this time into the final rule. However, the commenter may want to 
re-introduce them again when subsequent revisions to the installation 
standards are being considered by HUD.
    The final rule also indicates that when not provided and installed 
by the manufacturer, any comfort cooling system that is installed must 
be installed according to the appliance manufacturer's instructions.
    Comment: Sec.  3285.503(a)(1)(i) Energy Efficiency. The references 
within this section should be clarified as to what constitutes proper 
operation and energy efficiency and closely match, with regard to heat 
gain for sizing, site-installed air conditioning systems. Also, the 
requirements for determining heat gain do not appear to include a 
calculation for latent heat gain.
    Comment: ASHRAE and other energy standards require the calculation 
of the

[[Page 59352]]

design cooling load, provide the standards by which such load is 
calculated, and then require the equipment chosen to be the next size 
available that meets that load to be chosen.
    HUD Response: Section 3285.503(a)(1)(i) of the final rule has been 
revised to eliminate the references to: (1) ``For proper operation and 
energy efficiency'' and (2) sizing site-installed air conditioning 
systems to ``closely match'' the home's heat gain requirement. The 
final rule now provides that the air conditioning system must meet the 
heat gain requirement. In addition, the reference to the term 
``sensible'' has been deleted in the final rule so that air 
conditioning systems are now required to be sized to meet the home's 
overall heat gain.
    Comment: Sec.  3285.503(a)(1)(iii) A-coil Units. Simply stating 
that the air conditioning unit is to be compatible for use with the 
furnace may not be enough to ensure safety and performance. What about 
the furnace's manufacturer's instructions and warranties?
    HUD Response: The final rule has been revised to require that A-
coil air conditioning units must be compatible and listed for use with 
the furnace and also comply with the appliance manufacturer's 
instructions, as recommended by the commenters.
    Comment: Sec.  3285.503(a)(2) Heat Pumps. The section as proposed 
does not provide any sizing criteria for heat pumps and should refer to 
minimum standards that would apply to such equipment.
    HUD Response: Heat pumps must be sized to meet the requirements of 
the Manufactured Home Construction and Safety Standards, 24 CFR part 
3280.
    Comment: Sec.  3285.503(c) Appliance Venting. This section should 
be revised to be consistent with the wording in 24 CFR 3280.707(b), as 
follows: ``Heat producing appliances, except ranges and ovens, must 
exhaust to the exterior of the home.''
    HUD Response: Section 3285.503(c)(1) and (2) of the final rule have 
been revised to be consistent with the requirements of the Manufactured 
Home Construction and Safety Standards, as recommended by the 
commenter.
    Comment: Sec.  3285.503(d) Flood Hazard Areas/HUD Question. Where 
should the outside appliance air inlets and exhausts be located with 
respect to the base flood elevation in flood hazard areas?
    HUD Response: The requirements have been relocated to Sec.  
3285.102(d)(2)(ii) in the final rule and revised to indicate that 
exterior appliance air inlets and exhausts in flood hazard areas are to 
be located at or above the lowest floor elevation of the home.
    Comment: Sec.  3285.503(d) Figure Dryer Exhaust System. The 
illustration shows a reverse slope that does not agree with Note 2.
    HUD Response: The illustration has been corrected to eliminate the 
reverse slope.
    Comment: Sec.  3285.504 Skirting. To ensure performance, 
uniformity, and repeatability, some standard should be referenced to 
determine that the materials used for skirting are weather-resistant.
    Comment: All wood skirting within 6'' of the ground should be 
pressure-treated in accordance with the AWPA standard U1 for Use 
Category 4A ground contact applications or be naturally resistant to 
decay and termite infestations. This would allow a lower requirement 
for skirting materials than for footing pads, since it is a non-
structural application.
    HUD Response: Performance criteria for protection against weather 
deterioration for skirting materials have been included in the final 
rule and pressure-treatment requirements for wood skirting have been 
revised, as suggested by the commenter.
    Comment: Sec.  3285.505(a) Crawlspace Ventilation. Consider model 
building code requirements for ventilation requirements, as the 
proposed requirement for ventilation of one square foot for every 1,500 
square feet is insufficient. There should also be not less than four 
vents in order to control humidity and for management of mold/mildew 
and temperature handling.
    Comment: Sec.  3285.505(b). The section should be revised to read 
as follows: ``Ventilation openings must be placed as high as 
practicable above the ground.''
    Comment: Sec.  3285.505(d) Crawlspace Ventilation. The word 
``metal'' should be eliminated from Sec.  3285.505(d) to allow other 
materials to be used for ventilation openings that may perform equal to 
or better than metal.
    Comment: Ventilation openings should be covered with a perforated 
rodent resistant covering resistant to decay.
    Comment: Requirements for operable louvers should be addressed in 
cold climates.
    Comment: Sec.  3285.505(e). A minimum access opening of not less 
than 24'' by 30'' or five square feet should be required. An opening 
less than 18'' in any dimension is typically not large enough for 
service personnel to access underneath the home.
    HUD Response: The ventilation requirements are generally consistent 
with other model codes and have not been changed in the final rule, 
with the exception of the minimum access opening dimensions and 
requirements for operable or adjustable type openings to be provided in 
areas subject to freezing. The access opening has been increased in 
Sec.  3285.505(e) of the final rule from 18 inches in any direction to 
18'' by 24'' in height. In addition, the term ``metal'' has been 
deleted in paragraph (d) and replaced with ``corrosion and weather 
resistant'' covering. The final rule also requires openings for 
ventilation to be placed as high as practicable above the ground.

Subpart G--Ductwork and Plumbing and Fuel Supply Systems

    Comment: Sec.  3285.601 Field Assembly. HUD should clarify if the 
section refers to manufacturer-supplied shipped loose duct systems, 
because, as presently written, any loose duct would be covered by the 
rule.
    HUD Response: The final rule now refers to ``manufacturer-supplied 
shipped loose ducts,'' to clarify the intent of this section.
    Comment: Sec.  3285.603(c) Mandatory Shutoff Valve. This section 
should be modified to require the mandatory shutoff valve to be 
accessible and clearly identifiable.
    HUD Response: Section 3285.603(c) of the final rule has been 
revised to require the master shutoff valve to be both accessible and 
identifiable, as suggested by the commenter.
    Comment: Sec.  3285.603(d) Freezing Protection. The term ``heating 
cable'' should be replaced with the more commonly used term, heat-tape.
    Comment: What is ``normal occupancy,'' as referred to in Sec.  
3285.603(d), and what would then constitute ``abnormal occupancy''?
    HUD Response: Sections 3285.603(d)(1) and (2) have been revised to 
delete reference to the term ``under normal occupancy,'' as suggested 
by the commenters. However, heating cable is the correct term to be 
used to describe this material and, accordingly, no change is being 
made to this section in the final rule. A conforming change to the term 
``heating cable'' will also be made in future revisions now 
contemplated for the MHCSS.
    Comment: Sec.  3285.605 Fuel Supply System. The first sentence of 
Sec.  3285.605(a) should be revised as follows in order to be 
consistent with the requirements specified in 24 CFR 3280.705(a): ``The 
gas piping system in the home is designed for a pressure that is at 
least 7 inches of water column * * * and not more than 14 inches of 
water column * * *''.

[[Page 59353]]

    HUD Response: The requirements for testing of gas piping systems in 
the final rule have been revised to be consistent with the testing 
requirements in the Manufactured Home Construction and Safety 
Standards.
    Comment: Sec.  3285.606 Ductwork Connections. Mastics approved to 
UL 181 should be used in all cases to seal connections to prevent air 
leakage. However, mastics should not be used as the only means of 
connection. Tapes, regardless of whether they are approved or not, 
should not be allowed, except to aid in the installation of the 
ductwork for temporary securement.
    Comment: UL standards 181A and 181B should be referenced for the 
sealing of duct systems.
    Comment: The term metal plumber's tape should be removed from Sec.  
3285.606(a).
    HUD Response: The final rule has been revised to clarify the 
requirements for sealing of ductwork connections so that the 
appropriate type of tapes and mastics are specified, depending on the 
type of air duct being used. In addition, the final rule also clarifies 
that sheet metal ducts must be mechanically fastened, as suggested by 
the commenters. The reference to ``metal plumber's tape'' has also been 
deleted.
    Comment: Sec.  3285.606(e). The section should be revised to read 
as follows: ``The duct must be suspended or supported above the ground 
at maximum 4 feet-0 inches on center (unless otherwise noted) and 
arranged under the floor to prevent compression or kinking in any 
location, as shown in Figures A and B of this section.''
    Comment: When straps are used to support a flexible duct, the 
straps must be at least \1/2\'' wider than the metal spiral spacing of 
the duct, and installed such that the straps cannot slip between any 
two spirals.
    HUD Response: Section 3285.606(e) has been revised in the final 
rule, in accordance with the recommendations of the commenters.
    Comment: Figure A to Sec.  3285.606 Crossover Duct Installation 
With Two Connecting Ducts, Figure B to Sec.  3285.606 Crossover Duct 
Installation With One Connecting Duct. Note 2 should be revised to read 
as follows: ``Note 2. Crossover duct should be listed for exterior 
use.''
    Comment: The concrete block support shown in both figures should be 
removed as an acceptable support for the crossover duct.
    HUD Response: HUD agrees with the commenters, and Figures A and B 
have been revised by deleting the concrete block support from each 
figure and by adding a note to each figure to indicate that the 
crossover duct must be listed for exterior use.

Subpart H--Electrical Systems and Equipment

    Comment: Sec.  3285.702(d) Miscellaneous Lights and Fixtures. 
Ceiling fans must be attached to a properly installed junction box that 
is listed for ceiling fan application.
    HUD Response: Section 3285.702(e)(1) of the final rule has been 
revised to refer to Article 314.27(b) of the National Electrical Code, 
NFPA No. 70-2005, for connection requirements of the ceiling fan to the 
electrical junction box and to require the junction box to be listed 
and marked as suitable for ceiling fan application.
    Comment: Sec.  3285.702(e) Testing. Paragraph (e)(1) should be 
deleted in its entirety and (e)(2) should be changed to (e)(1) and 
revised to read as follows: ``After completion of all site connections 
of cross-overs, exterior lights, ceiling fans, etc., each manufactured 
home must be subjected to the following tests, consistent with Sec.  
3280.810 of the MHCSS * * *''.
    Comment: The section should be revised to refer to the electrical 
testing requirements in Sec.  3285.810(b) of the MHCSS in order to 
clarify that dielectric tests are not required to be performed after 
setup. In addition, all of Sec.  3285.702(e)(2) should be deleted as it 
both duplicates and contradicts what is already required by Sec.  
3285.810(b).
    HUD Response: The final rule has been revised in a manner that is 
consistent with the recommendations of the commenters.

Subpart I--Exterior and Interior Close Up

    Comment: Figure A to Sec.  3285.801 Installation of Field-Applied 
Horizontal Lap Siding. The notes and figure need to be less specific 
and revised to read as follows: Note 1 should be revised by changing 
the reference from ``double section'' to ``multi-section.'' Note 2 
should be revised to clarify that all doors and windows need not be 
covered with plastic sheeting, and the word ``fasteners'' deleted, 
because installers, rather than manufacturers, generally provide 
fasteners so that they are compatible with their installation 
equipment. The note in Figure A should be revised to read as follows: 
``Windows installed with j-rail or brick mold around it,'' because many 
windows are equipped with brick mold and it serves the same purpose as 
the j-rail.
    HUD Response: As suggested by the commenters, editorial revisions 
have been made to the section and Note 2 has been clarified to indicate 
that only materials that are not designed to be exposed to the weather 
are to be covered with plastic sheeting.
    Comment: Sec.  3285.801(d) Joints and Seams. Any holes made in the 
roof must be sealed, utilizing approved methods and materials.
    Comment: The type of acceptable sealant should be specified in the 
Model Installation Standards for sealing the holes.
    HUD Response: Section 3285.801(d) has been revised in the final 
rule by clarifying that the roofing must be made weatherproof and any 
holes sealed with a sealant that is suitable for use with the type of 
roofing in which any hole is made.
    Comment: Sec.  3285.801(e) Mate-line Gasket. Gaskets should also be 
capable of resisting the entry of water vapor in addition to air, 
water, insects, etc.
    Comment: Permit installers or homeowners to provide the mate-line 
gasket, provided the materials comply with the manufacturer's 
installation instructions.
    HUD Response: The final rule has been revised by requiring the 
mate-line gasket to also be capable of providing resistance against 
water vapor entry. However, HUD does not agree with suggestions made by 
commenters that the mate-line gasket be allowed to be provided by 
parties other than the home manufacturer. This is because HUD deems the 
gasket material to be an integral part of the construction of the home 
to provide the resistance to the weather required by the MHCSS.
    Comment: Sec.  3285.801(f) Hinged Roofs and Eaves/HUD Question. 
Should the requirements for hinged roofs and eaves be considered 
installation and subject to the Model Installation Standards and not 
construction, as proposed by HUD?
    Comment: A hinged roof should be treated as construction of the 
home's roof assembly and subject to the requirements of the HUD Code.
    Comment: The Model Installation Standards should be extended to 
cover any hinged roof, regardless of wind zone, roof pitch, or flue 
penetration. This is a normal construction process that is occurring 
more routinely with HUD Code installations and would save considerable 
money with regard to Production Inspection Primary Inspection Agency 
(IPIA) inspection under the on-site completion rule and time under the 
alternative construction (AC) letter process.
    HUD Response: It continues to be HUD's position that the on-site 
completion of hinged roofs with eaves is generally part of the 
construction process, and that hinged roofs with

[[Page 59354]]

eaves must comply with all requirements of the Manufactured Home 
Construction and Safety Standards (24 CFR part 3280) and the 
Manufactured Home Procedural and Enforcement Regulations (24 CFR part 
3282), even though this work is often completed during the set-up of 
the home. Accordingly, certain hinged roofs and other construction 
completed on-site will continue to be subject to the provisions for 
Alternative Construction in Sec.  3282.14 of the Manufactured Home 
Procedural and Enforcement Regulations, and may be also subject to the 
provisions of the future rulemaking for on-site construction. However, 
manufactured homes with hinged roofs and eaves are not subject to these 
special requirements if the homes: (1) Are designed to be located in 
Wind Zone I; (2) have a pitch of the hinged roof that is less than \7/
12\; (3) have fuel burning appliance flue penetrations that are not 
above the hinge; and (4) have been completed and inspected as part of 
the installation process under future rulemaking being developed for 
the installation program regulations. Nevertheless, even for the above-
described conditions, manufacturers are still responsible for providing 
instructions on how to complete each hinged roof and/or eave 
construction, in accordance with the requirements of the Manufactured 
Home Construction and Safety Standards.
    Comment: Sec.  3285.802 Structural Interconnection of Multi-Section 
Homes. As proposed, the section is unclear and needs to be clarified as 
to whether any gap is permitted along the mate-line between sections of 
multi-section homes.
    Comment: The section needs to be clarified as to whether any gap 
between structural elements must be shimmed or only those gaps that 
exceed 1\1/2\ inches.
    Comment: Fastener lengths would need to be increased to provide 
adequate protection and staples or nails need to be at least 1\1/2\ 
inches in length at a minimum.
    Comment: A 1\1/2\<gr-thn-eq> gap is too much because these homes 
are built in a factory environment where conditions are controlled so 
that there should be tighter tolerance. The requirement should be 
reduced to no more than \3/4\<gr-thn-eq> gap between structural 
elements.
    Comment: When home sections are in contact and the mating gasket is 
sealed, then all gaps should be filled.
    HUD Response: Section 3285.802(c) of the final rule has been 
revised to clarify that upon completion of the close-up, no gaps are 
permitted between structural elements being interconnected at the 
marriage line of multi-section homes. However, prior to completion of 
the close-up, gaps of up to one inch are allowed between structural 
elements if they are closed upon completion of the set-up; the home 
sections are in contact with each other, and the mating gasket is 
providing a proper seal. Also, all gaps are to be shimmed with 
dimensional lumber and fastener lengths are to be increased to provide 
adequate penetration into the receiving member of the elements being 
joined.
    Comment: Sec.  3285.803(b) Interior Close-up. This section should 
be revised or deleted. Polyvinyl acetate (PVA) adhesives should not be 
required for on-site fastening of shipped loose panels. Standard 
drywall fastening does not require adhesive and thus there is no reason 
for this excessive prescriptive requirement. When the home has been 
designed utilizing a structural adhesive for wall panels, the 
requirement should be specified in the installation instructions of the 
particular home manufacturer.
    HUD Response: Editorial revisions have been made to this paragraph 
in the final rule, and the final rule has been revised to permit 
alternative fastening methods to PVA adhesives for installing shipped-
loose panels, if specified in the manufacturer's installation 
instructions.
    Comment: Figure A to Sec.  3285.803 Installation of Field-Applied 
Panel. What is the intent of restricting the panel width to no less 
than 16<gr-thn-eq> or no larger than 32<gr-thn-eq>? Further, if typical 
panels are 48<gr-thn-eq> inches in width, how can a ``full size'' panel 
be over 16<gr-thn-eq> but less than 32<gr-thn-eq> in width?
    Comment: The panel size depicted in the figure and note should be 
changed to read as follows: ``One full-sized panel 48 inches or less in 
width.''
    HUD Response: As suggested by the commenters, the note in the 
figure has been revised in the final rule to indicate: ``One full-sized 
panel 48 inches or less in width.''
    Comment: Sec.  3285.804 Bottom Board Repair. Prior to closure of 
the underbelly cavity of the home, any areas being repaired must be 
inspected and any missing insulation replaced before completing the 
repair of the bottom board material.
    Comment: Any splits or tears must be resealed in accordance with 
the manufacturer's installation instructions.
    HUD Response: Section 3285.804(a) of the final rule has been 
revised to require any missing insulation to be replaced prior to 
closure and repair of any damage to the bottom board. Section 
3285.804(b) has been revised to require any split or tear in the bottom 
board to be resealed, in accordance with methods described in the 
installation instructions.

Subpart J--Recommendations for Manufacturer Installation Instructions

    Comment: Sec.  3285.901 Recommendations for Manufacturer 
Installation Instructions. The reference to the ``following cautions'' 
in paragraph (c) should also include the cautions or recommendations in 
paragraphs (a) and (b), as they are as important as the remaining 
sections of Subpart J.
    Comment: The provisions of Subpart J do not relate to the content 
of manufacturer instructions. It is recommended that this subpart be 
reconsidered as follows: Sec.  3285.901(a) and (b), Sec.  3285.902, and 
Sec.  3285.903 could be relocated to subpart B; Sec.  3285.904 could be 
moved to Sec.  3285.203; and Sec.  3285.905 could be consolidated at 
Sec.  3285.602.
    HUD Response: This subpart of the final rule has been re-titled 
``Optional Information for Manufacturer Installation Instructions'' and 
reorganized to include recommendations that may be provided as part of 
the installation instructions. The cautions have been removed in the 
final rule and replaced with recommendations for inclusion by 
manufacturers in their installation instructions.
    Comment: Sec.  3285.903 Permits, Alterations, and On-site 
Structures. Planning and permitting processes, as well as utility 
connection requirements, are outside HUD's authority, but in the 
proposed rule, HUD does provide standards for some of these items.
    HUD Response: The final rule makes recommendations, rather than 
mandatory directives, for inclusion of certain information in the 
installation instructions related to moving homes to locations; 
permits, alterations, and on-site structures; utility system 
connections; and telephone and cable TV wiring. It contains no 
requirements that these items be actually included in the instructions. 
The requirements for ``positioning the home'' have been deleted in the 
final rule.
    Comment: Sec.  3285.902(d). Fire separation distances should 
consider the requirements of the LAHJ, as well as distances required in 
NFPA 501A.
    HUD Response: The provisions for fire separation in the final rule 
have been relocated to subpart B, Sec.  3285.101, and require 
installation instructions to indicate that fire separation distances 
must be in accordance with Chapter 6 of NFPA 501A, 2003, or the 
requirements of the LAHJ.
    Comment: Sec.  3285.902(a) Moving Manufactured Home to Location. 
One

[[Page 59355]]

commenter wrote that the following sentence should be added to the 
introductory paragraph: ``Inform and contact the LAHJ before moving 
manufactured home to the site or location.''
    HUD Response: The final rule has been revised to indicate that the 
LAHJ should be informed before moving the manufactured home to the 
site.
    Comment: Sec.  3285.903(c)(3). The section should be revised to 
read as follows: ``Unless approved by the home manufacturer's 
installation instructions, all buildings, structures, and accessory 
structures must be designed to support all their own live and dead 
loads.'' Recent tornado and hurricane activities have caused many 
manufacturers to realize the importance of proper connections of site-
installed structures to their homes and offer designs that incorporate 
the additional roof and wind loads imposed by those site additions.
    HUD Response: Section 3285.903(c) of the final rule has been 
revised to require any accessory building or structure to be capable of 
supporting its own live and dead loads, unless the structure is 
designed to be attached to the manufactured home by a professional 
engineer or registered architect or is otherwise specifically included 
in the manufacturer's installation instructions.
    Comment: Sec.  3285.905 Utility System Connections. If LAHJ 
requirements govern utilities and LAHJ standards vary, how can there be 
any meaningful installation instruction with regard to utilities? The 
instruction, at best, should refer installers and residents to consult 
with any serving utilities; and, as such, no regulation is necessary.
    HUD Response: The final rule has been revised by recommending the 
installation instructions suggest different procedures for the 
installer to follow prior to making any utility system connection, 
depending on the availability of utility services, an LAHJ, or both, as 
well as procedures to follow in rural areas where utility services are 
not available and there is no LAHJ.
    Comment: Sec.  3285.905 Drainage Systems. The proposed language for 
making drainage-to-sewer system connections is too restrictive, as an 
installer may opt to ``hard-pipe'' the connection without the use of an 
elastomeric coupling device.
    HUD Response: The final rule has been revised by recommending the 
use of other methods acceptable to the LAHJ as an alternative to 
elastomeric couplings for connecting the main drain line to the site 
sewer hookup.
    Comment: Sec.  3285.906 Heating Oil Systems. Since fuel oil supply 
tanks and systems installed at the site are not within the scope of 
HUD's authority, what makes fuel oil different from propane, site 
installed air conditioning systems, etc? This will make it harder to 
determine who is responsible for installation and liability, should 
something go wrong.
    HUD Response: While HUD agrees that these provisions for site-
installed oil fuel tanks and systems are outside of the scope of HUD's 
authority, for fire safety and other considerations the final rule does 
recommend that installation instructions include information related to 
installation and testing of oil supply tank and piping, in accordance 
with NFPA 31, 2001, Standard for the Installation of Oil Burning 
Equipment, and oil furnace manufacturer instructions for pipe sizing 
and installation procedures.
    Comment: Sec.  3285.907 Telephone and Cable TV. A reference to the 
applicable sections of the National Electrical Code, NFPA 70--2005 
Edition, should be incorporated in the manufacturer's installation 
instructions for telephone and TV cable wiring and connections.
    HUD Response: A reference to the National Electrical Code has been 
added in the final rule to the recommendations for installing telephone 
and cable TV wiring.
Miscellaneous Comments
    Comment: Enforcement and Program Operation Matters. HUD received a 
large number of comments and questions related to the operation and 
enforcement of its installation program.
    HUD Response: Comments and questions related to program operation 
and enforcement are not being addressed in this rulemaking. Instead, 
they will be duly considered by HUD, as appropriate, in response to the 
proposed rule for the Manufactured Home Installation Program, 24 CFR 
part 3286, that was published in the Federal Register on June 14, 2006.
    Comment: Sec.  3285.5 Definitions--``Installers.'' One of the most 
glaring omissions from the proposed installation standards was a 
definition or identification of manufactured home installers since, as 
drafted, so many construction responsibilities are redistributed to 
installers. While the proposed rule speaks as if there is one installer 
per project, in reality there are many installers involved. By failing 
to define installers, responsibilities are being further fractured and 
protections are weakened. The commenters advocate that to ensure 
quality, durability, and safety, a single entity needs to take 
responsibility, which they believe should be the manufacturer.
    HUD Response: A definition for ``installer'' is in the proposed 
rule for the installation program regulations in part 3286.
    Comment: Exclusivity of Model Installation Standards. It is 
important for the standards or their state-adopted counterparts to be 
the only federal installation standard recognized by HUD. Currently, 
HUD's FHA Title II program references the Permanent Installation Guide 
for Manufactured Housing.
    HUD Response: HUD is considering whether to amend references in its 
current Title II program to specifically refer to these Model 
Installation Standards.
    Comment: Impact on Federal Agencies. One commenter wrote that HUD 
has not considered the impact of the proposed rule on other federal 
agencies that are engaged in purchasing and installing manufactured 
homes for federal purposes. Since the proposed rule does not address 
the regulations establishing an installation program, it is impossible 
to determine if this rule, as part of a larger program, imposes any 
mandates on state or local government.
    HUD Response: These issues will be considered as part of HUD's 
federalism analysis on this final rule.
    Comment: Bay Windows. The Department deleted the MHCC draft 
recommendation for inclusion of bay window installation under the 
proposed Model Installation Standards. Commenters wrote that under 
Sec.  3285.801(f), a manufacturer would need to furnish installation 
instructions for a hinged roof so that the installer would know the 
necessary elements of field installation. Bay windows are similar, as 
they would be a ``ship-loose'' item. In the opinion of these 
commenters, as long as the home is designed properly for the product 
attachment, the manufacturer provides DAPIA-approved installation 
instructions, and the installer can follow those instructions, bay 
windows should be covered under the Model Installation Standards and 
not the Manufactured Home Construction and Safety Standards.
    HUD Response: HUD does not agree with these commenters, and will 
continue to treat the site completion of bay windows as construction 
that is subject to the Manufactured Home Construction and Safety 
Standards. A detailed discussion of the comments and HUD's position on 
hinged roofs and eaves can be found above under the analysis of public 
comments for Sec.  3285.801.

[[Page 59356]]

    Comment: Every other national design standard and code for 
residential construction, including NFPA 225 and NFPA 501, references 
more recent editions of ASCE 7 Standard for Minimum Design Loads for 
Buildings and Other Structures. The Model Installation Standards must 
also do this to achieve equivalent protection to manufactured homes and 
manufactured home residents.
    HUD Response: The ASCE 7-88 standard is currently referenced in the 
HUD Manufactured Home Construction and Safety Standards and is used as 
the basis for establishing the design load requirements for the 
construction standards that are referenced in these installation 
standards. Accordingly, it is not necessary to again reference the ASCE 
7 standards in these installation standards.

III. Section-by-Section Revisions--Changes to Proposed Rule

    In response to the public comments and subsequent reevaluation by 
HUD, the following is a summary by subpart of the section-by-section 
revisions being made to the proposed rule for the Model Installation 
Standards, 24 CFR part 3285, published in the Federal Register on April 
26, 2005. An overall editorial change made throughout the rule was to 
move all tables and figures within a section to the end of the section. 
This change will promote ease of reference and will simplify the 
process of amending the rule, as may be necessary, in the future.

Subpart A--General

    Section 3285.1(a) in the final rule makes clear that the 
manufacturers' installation instructions required by Sec.  3285.2, 
including any specific operation or assembly therein, are deemed to 
comply with the Model Installation Standards, provided they meet or 
exceed the minimum requirements in the installation standards and do 
not take the home out of compliance with the MHCSS. Further, 
clarifications are also being added to Sec.  3285.1(a) with regard to 
the applicability of the installation standards to the work necessary 
to join sections of a multi-section home together. Specifically, work 
associated with the connection of exterior lights, ceiling-hung light 
fixtures, or fans, as identified in subpart I, is considered 
installation. This section is also being modified to clarify that work 
associated with hinged roofs and eaves in Sec.  3285.801 and other work 
done on-site and not specifically identified in this part as close-up 
is not covered by the installation standards and, as such, is subject 
to the MHCSS and Procedural and Enforcement Regulations.
    The applicability provisions in Sec.  3285.1(b) were modified to 
indicate that the installation standards are not to be construed as 
relieving manufacturers, retailers, or other parties of responsibility 
for compliance with other applicable ordinances, codes, regulations, 
and laws. In addition, the section was revised to indicate that 
manufactured homes are also subject to the requirements of the 
Manufactured Home Installation and Dispute Resolution Programs, upon 
effect. A new provision, Sec.  3285.1(c), has been included in the 
final rule that requires HUD to seek input from the MHCC when 
considering future revisions to the installation standards. (See 
discussion in II, Analysis of Public Comments).
    Paragraph (a) of Sec.  3285.2, Manufacturer Installation 
Instructions, is being revised to clarify that the installation 
instructions must include all topics covered in the installation 
standards. This paragraph is also being revised to require the 
installer to certify that it completed the installation in compliance 
with the manufacturer's instructions or an alternate design (see 
paragraph (c)), prepared by the manufacturer or certified by a 
professional engineer or architect, that provides a level of protection 
equivalent to or greater than what is required by the installation 
standards.
    A new paragraph Sec.  3285.2(b) is added to specify those 
circumstances when a professional engineer or registered architect must 
prepare and certify that the manufacturer's installation instructions 
meet or exceed the Model Installation Standards for foundation support 
and anchoring.
    The recommended provisions for ``variations to manufacturer 
installation instructions'' in subpart J of the proposed rule are being 
relocated to paragraph (c) of Sec.  3285.2 in the final rule. This will 
require installers who intend to provide support and anchorage that is 
either different from the methods specified in the manufacturer's 
instructions, or that encounter site or other conditions that prevent 
the use of the instructions, to first attempt to obtain site-specific 
instructions from the manufacturer or, if not available from the 
manufacturer, to obtain a design that has been prepared by a 
professional engineer or architect that is consistent with the design 
and the MHCSS. The installer must have the professional engineer's or 
registered architect's design approved by the manufacturer and its 
DAPIA prior to installation. DAPIA approval is necessary to enable HUD 
to enforce such modifications to the manufacturer's installation 
instructions.
    A new paragraph (e) is being added to Sec.  3285.2 in the final 
rule to require the manufacturer to include, as part of its 
instructions, at least one method for temporarily storing each section 
of a manufactured home at the manufacturer's facility, retailer's lot, 
or the home site.
    Section 3285.4 is being revised to provide an updated list of the 
standards being incorporated by reference in the final rule. (See 
discussion in ``V. Revisions to Standards Incorporated by Reference'' 
in this preamble.) Reference standards have the same force and effect 
as the other Model Installation Standards, except that whenever 
reference standards and the Model Installation Standards are 
inconsistent, the requirements of the Model Installation Standards 
prevail to the extent of the inconsistency.
    Certain definitions have been added or modified in Sec.  3285.5 of 
the final rule for terms used in the Model Installation Standards.
    A new section, Sec.  3285.6, ``Final leveling of the manufactured 
home,'' is being added to require that a home be adequately leveled 
prior to completion of the installation. A manufactured home is 
considered to be adequately leveled if there is no more than a \1/4\-
inch difference between adjacent pier supports, and if the exterior 
windows and doors do not bind and can be operated properly.

Subpart B--Pre-Installation Considerations

    The fire separation provisions have been relocated from the 
recommended provisions in subpart J of the proposed rule and 
incorporated as part of the minimum requirements in subpart B, Sec.  
3285.101, as part of the pre-installation considerations. The final 
rule requires that fire separation distances be in accordance with NFPA 
501A or the requirements of the LAHJ, which could be more or less 
restrictive than NFPA 501A. This will require compliance with the fire 
separation distances in NFPA 501A, 2003 edition, whenever there are no 
requirements established by the LAHJ. Conversely, when the LAHJ has 
established fire separation distance requirements, the separation 
distances need not conform to the NFPA 501A provisions.
    Additional requirements were added for installation of manufactured 
homes in flood hazard areas in paragraph (d) of Sec.  3285.102 to 
include provisions for the installation of exterior appliances.
    Section 3285.103 is being revised to clarify that, prior to the 
initial

[[Page 59357]]

installation of a new manufactured home, the installer is to verify 
that the design and construction of the manufactured home, as indicated 
on the design zone maps provided with the home, are suitable for the 
site location where the home is to be installed. In addition, to assist 
the installer in verifying the appropriate zone location for the 
specific site, this section is being revised by referring to the county 
and local government references that further define the wind zone, roof 
load zone, and thermal zone in part 3280.

Subpart C--Site Preparation

    Section 3285.201 is being revised in the final rule to indicate 
that, after removal of organic material, the home site must be graded 
or otherwise prepared to ensure adequate drainage.
    A pocket penetrometer is now included in the final rule as one of 
the acceptable methods for determining bearing capacity and soil 
classification in Sec.  3285.202(d). Furthermore, a new paragraph (e) 
has also been included in this section that permits the use of an 
allowable default soil bearing pressure of 1,500 psf, unless site-
specific information requires the use of lower soil bearing values.
    The site drainage provisions in paragraph (b) of Sec.  3285.203 of 
the final rule have been revised by adding other alternatives than site 
grading to remove any water that may collect under the home.
    The provisions for gutters and downspouts in paragraph (f) of Sec.  
3285.203 have been modified in the final rule to indicate that 
manufacturers specify in their instructions whether the home is 
suitable for the installation of gutters and downspouts.
    The provisions for ground moisture control have been revised in 
paragraph (c) of Sec.  3285.204 of the final rule by allowing the 
required vapor retarder to be installed around or over footings placed 
at grade and around anchors and by requiring any void or tear in the 
vapor retarder to be repaired.

Subpart D--Foundations

    Section 3285.301(b) of the final rule has been revised to also 
recognize metal piers as one of the possible variables to the pier and 
footing specifications and configurations in this subpart.
    Section 3285.302 of the final rule has been revised to require all 
manufactured homes in flood hazard areas to be installed on foundation 
supports that are designed and anchored to prevent floatation, 
collapse, or lateral movement of the structure. In addition, 
manufacturers' instructions must indicate whether or not the foundation 
specifications have been designed to resist flood loads.
    Tables 1, 2, and 3 to Sec.  3285.303 for pier loads have been 
modified in the final rule by removing all references to allowable soil 
bearing pressure and footing configurations that were previously 
associated with the tables and by deleting Figure C to Sec.  3285.312--
Footing Configuration Layout Designs that was referenced in each of the 
tables.
    Paragraphs (b) and (c) in Sec.  3285.304 of the final rule are 
being modified to be consistent with the provisions and notes shown in 
Figures A and B to Sec.  3285.306(b).
    Section 3285.305 has been modified in the final rule by requiring a 
minimum of 12'' of clearance between the main chassis frame member and 
the grade and all other areas of the home.
    The maximum height for frame and corner piers in Sec.  3285.306(b) 
and (c) of the final rule has been reduced from 80'' to 67'' to be 
consistent with the maximum heights shown in the tables for maximum 
diagonal tie-down strap spacing in Tables 1, 2, and 3 to Sec.  
3285.402. Furthermore, mortar is no longer required for this range of 
pier heights, unless specified in the manufacturer's instructions and 
the maximum horizontal offset from the top to the bottom of the pier is 
one inch.
    The provisions for elevated homes in the proposed rule are no 
longer needed and have been deleted and replaced with new paragraph (c) 
in Sec.  3285.306, ``All piers over 67 inches high,'' in the final 
rule. Mortar is not required for concrete block piers of this height, 
unless specified by the design.
    A new paragraph (b) has been added to Sec.  3285.308 in the final 
rule that requires metal or other manufactured piers to be weather-
protected against deterioration and corrosion with protection that is 
at least equivalent to a coating of zinc on steel of at least 0.30 oz./
ft\2\.
    Footnotes were added to Figures A and B to Sec.  3285.310 to 
require piers to be placed on each side of any mating wall opening when 
the opening is 48'' or greater in width and to indicate that for roof 
loads of more than 40 pfs, a professional engineer must determine the 
maximum mating wall opening permitted without piers or other supports. 
Footnote 3 was also revised in both figures to indicate that the 
maximum single stack concrete block pier loads cannot exceed 8,000 lbs.
    The requirements for perimeter pier supports are modified by adding 
a new paragraph (a)(ii) in Sec.  3285.311 of the final rule permitting 
the use of alternative supports in lieu of perimeter piers such as 
outriggers or extra floor joists. However, when alternative supports 
are used, the designs must consider the additional loads in sizing the 
pier and footing supports under the main chassis beam. In addition, for 
roof live loads of 40 psf or greater, paragraph (b) of this section 
requires that a professional engineer or architect determine the 
maximum sidewall support opening permitted with perimeter pier or other 
supports.
    Footnotes are also modified in the final rule to Figures A and B to 
Sec.  3285.312, ``Typical Blocking Diagrams for Single Section Homes 
and Multiple Section Homes,'' to require piers on both sides of 
exterior sidewall doors, patio doors, sliding glass door openings, 
under jamb studs at multiple window openings, and other openings of 
48'' or greater in width.
    The requirements for footings in paragraph (a) and (b) of Sec.  
3285.312 of the proposed rule are incorporated into paragraph (a) of 
this section in the final rule by reducing the minimum compressive 
strength for 4'' pre-cast concrete pads from 4,000 psi to 1,200 psi; by 
noting that for 6'' or greater poured-in-place concrete pads, slabs, or 
ribbons, reinforcing steel may be required for site-specific 
conditions; by revising the requirements for pressure-treated footings 
and by changing the specification for their pressure treatment to a 
water-borne adhesive, in accordance with AWPA Standard U1-04; by 
requiring ABS footing pads to be certified for use in the soil 
classification at the site; and by adding new provisions to allow other 
types of footing materials, provided they are listed for such use and 
meet all other applicable provisions of the installation standards.
    The provisions for placement of footings in freezing climates is 
being relocated from paragraph (c) in the proposed rule to paragraph 
(b) in Sec.  3285.312 of the final rule and is being revised to require 
that footings be designed to resist the effects of frost heave by one 
of the methods specified in this section. The final rule requires that 
conventional footings be placed below the frost line, unless an 
insulated footing or monolithic slab is used. In addition, alternatives 
allowing insulated footings or monolithic slabs to be placed above and 
not below the frost line depth must be designed by a professional 
engineer or architect, in accordance with either acceptable engineering 
practice or SEI/ASCE 32-01, and not both, as previously indicated in 
the proposed rule. Furthermore, these alternatives are permitted only 
if all relevant site conditions such as soil characteristics, site 
preparation,

[[Page 59358]]

ventilation, anchorage requirements, and insulative properties of the 
under-floor enclosure are considered.
    Figure C to Sec.  3285.312 in the proposed rule has been deleted in 
the final rule, as the footing configuration and layouts shown in the 
figure were determined to be non-typical of current practices used in 
installing manufactured homes.
    The table for the size and capacity of unreinforced cast-in-place 
footings in Sec.  3285.312(d) is revised by limiting the maximum 
capacity of certain footing sizes to 8,000 lbs. and 16,000 lbs., based 
on the maximum pier capacity of single or multiple stack concrete block 
piers. A footnote has been added to the table indicating that higher 
design load capacities may be permitted if a professional engineer or 
architect prepares the design.
    The provisions for permanent foundations in Sec.  3285.314 of the 
proposed rule have been deleted in the final rule. The requirements for 
permanent foundations can be adequately considered and addressed under 
the provisions of the final rule for alternative foundation systems, 
including the requirement that such designs be prepared by a 
professional engineer or architect.
    Section 3285.315(b) for ramadas in the final rule is revised by 
requiring them to be self-supporting, except for any weatherproofing 
connection that is made to the home.

Subpart E--Anchorage Against Wind

    A new paragraph (d) has been added to Sec.  3285.401 in the final 
rule that provides the minimum information and details that must be 
included in the manufacturers installation instructions for anchor type 
installations necessary to secure manufactured homes against the wind.
    A new paragraph (a) has been added in reorganizing Sec.  3285.402 
in the final rule to require each ground anchor to be provided with 
installation instructions, in accordance with its listing or 
certification, and to be certified for use in a classified soil, based 
on a nationally recognized testing protocol. Paragraph (a) of Sec.  
3285.402 in the proposed rule has been renumbered as paragraph (b) and 
has been modified in the final rule to require that anchors be 
installed to their full depth and that anchors and tie-down straps be 
protected against corrosion at least equivalent to that provided by a 
coating of zinc on steel of 0.30 oz./ft\2\ of surface coated. This 
section now also requires that both the working and ultimate load of 
the ground anchors and anchoring equipment be determined by a 
professional engineer or registered architect.
    Paragraph (b) of Sec.  3285.402 has been renumbered as paragraph 
(c) in the final rule, and paragraph (c)(1) is revised by indicating 
that the spacing for ground anchors and straps be no greater than the 
spacing in the Tables 1 through 3 of this section, unless designed by a 
professional engineer or registered architect. A professional engineer 
or registered architect must also prepare the design for any conditions 
where the tables are not applicable, such as for higher sidewall 
conditions, or diagonal strap angle-to-ground conditions that are below 
30 degrees or exceed 60 degrees, etc. Tables 1 through 3 are also 
revised by limiting the spacing to applicable conditions for the 
diagonal strap to between 30 degrees and 60 degrees to the ground.
    Paragraph (c)(3) is renumbered as paragraph (c)(2) and the 
provisions of (ii) in the proposed rule are separated into (ii) and new 
(iii) of this paragraph in the final rule. In addition, (iii) is also 
revised to require the correct size and type of stabilizer plate to be 
installed, if required by the listing, and by allowing the use of ABS 
stabilizer plates when they are listed and certified for such use.
    Paragraph (c)(2) on longitudinal anchoring is renumbered as 
paragraph (c)(3) and is revised in the final rule by providing a new 
Figure C as an example of one acceptable method that may be used for 
longitudinal anchoring and for attaching the longitudinal strap to the 
ground anchor and main chassis beam of the home.
    Section 3285.404 of the final rule is revised to indicate that 
ground anchors must be installed below the frost line, unless the 
foundation system is frost-protected to resist the effects of frost 
heave, in accordance with acceptable engineering practice, Sec.  
3280.306 of the MHCSS, and Sec.  3285.312 of these installation 
standards.
    The requirements for anchoring manufactured homes in flood hazard 
areas in Sec.  3285.406 of the proposed rule have been revised by 
relocating the requirements to Sec.  3285.102 in the final rule and by 
adding reference to the relocated section in Sec.  3285.406 of the 
final rule.

Subpart F--Optional Features

    The requirements for optional appliances in Sec.  3285.503 of the 
final rule are being revised as follows: Paragraph (a)(1)(i) requires 
site-installed air conditioning equipment to be sized to ``meet'' the 
home's heat gain rather than ``closely match'' the heat gain, as 
indicated in the proposed rule; paragraph (a)(1)(iii)(A) is revised by 
requiring A-coil air conditioning type units to be installed in 
accordance with the appliance manufacturer's instructions and be 
compatible and listed for use with the furnace installed in the home; a 
new paragraph (a)(3)(ii) is added for evaporative coolers that are not 
roof-mounted to be installed in accordance with the more restrictive 
provisions of the listing or the appliance manufacturer's instructions; 
and a new paragraph (c) is added for completion of appliance venting 
systems for compatibility with the requirements of the MHCSS. In 
addition, the provisions for outside appliances and air inlets in flood 
hazard areas have been relocated to Sec.  3285.102(d)(2).
    The weather protection and pressure treatment requirements for 
metal and wood skirting are further clarified in Sec.  3285.504(a) and 
(c) of the final rule.
    The provisions for ventilation openings are revised in Sec.  
3285.505(d) of the final rule by requiring them to be corrosion- and 
weather-resistant and to be designed to resist the entry of rodents. In 
addition, in areas subject to freezing, the openings must be of the 
adjustable type permitting them to be open or closed, depending on the 
climatic conditions.
    Section 3285.505(f) of the final rule is being revised to require 
any surface water runoff from the furnace, air conditioning, or water 
heater drain to be directed away from the home or collected by other 
methods identified in Sec.  3285.503.

Subpart G--Ductwork and Plumbing and Fuel Supply Systems

    Section 3285.606(c)(1) of the final rule is modified to require 
that the mandatory shutoff valve installed be identified, accessible, 
and installed between the water supply and inlet.
    The test pressure requirements for gas piping systems in Sec.  
3285.605(a) of the final rule are revised to be consistent with the 
testing provisions for fuel piping systems in the MHCSS.
    Paragraph (a) of Sec.  3285.606 of the final rule for ductwork 
connections is revised to require all crossover connections to the main 
duct system to be sealed to prevent air leakage. Paragraph (e) is also 
revised to require the crossover duct to be supported by straps spaced 
at a maximum distance of 4 feet or as otherwise permitted by the 
installation instructions. In addition, for flexible type ducts, the 
straps must be at least \1/2\<gr-thn-eq> wider than the metal spirals 
encasing the duct and be installed so that the duct cannot slip between 
any two spirals.

[[Page 59359]]

Subpart H--Electrical Systems and Equipment

    Paragraph (d) of Sec.  3285.702 is revised in the final rule to 
require that a ceiling paddle fan be connected to a junction box that 
is listed and marked for ceiling fan application, in accordance with 
the requirements of the NEC, 2005 edition.
    The testing requirements in paragraph (e) of Sec.  3285.702 are 
also being modified in the final rule to clarify that the electrical 
system must be inspected and tested at the site after completion of all 
electrical wiring and connections, lighting, and installation of any 
ceiling fans.

Subpart I--Exterior and Interior Close-up

    Section 3285.801(d) is revised in the final rule to require any 
holes that are made in the roofing to be made weatherproof and sealed 
with an exterior sealant that is suitable for use with the roofing 
material.
    The requirements for hinged roofs and eaves in Sec.  3285.801(f) of 
the final rule are revised to require compliance with all requirements 
of the MHCSS (24 CFR 3280) and the Manufactured Home Procedural and 
Enforcement Regulations (24 CFR 3282). While this work is often 
completed during the set-up of the home, it is not considered to be 
installation, but work associated with the construction of the home and 
therefore subject to HUD's MHCSS. As such, certain hinged roofs 
continue to be subject, as appropriate, to the provisions of 
Alternative Construction in Sec.  3282.14 and the provisions of the 
future rulemaking for on-site construction, upon effect. Currently, 
manufactured homes with hinged roofs are not subject to these special 
requirements, if the homes are: (1) Designed to be located in Wind Zone 
I, (2) the pitch of the hinged roof is less than 7/12, and (3) fuel 
burning appliance flue penetrations are not above the hinge. However, 
even for the above-described conditions, manufacturers are still 
responsible for providing instructions on how to complete each hinged 
roof or eave construction in accordance with the requirements of the 
MHCSS.
    Section 3285.802(c) of the final rule is revised by clarifying that 
no gaps are permitted between structural elements along the mate-line 
of multi-section homes upon completion of the exterior close-up. 
However, the final rule does permit minor gaps, up to one inch, prior 
to completion of the exterior close-up provided: (1) All such gaps are 
closed before completion, (2) the home sections are in contact with 
each other, (3) the mating gasket is providing a proper seal, and (4) 
all such gaps are shimmed and connected to the structural element(s) 
with properly sized fasteners.
    Section 3285.804 of the final rule is revised by requiring missing 
insulation to be replaced prior to making any bottom board repairs, any 
splits or tears to be resealed with tape or patches in accordance with 
the installation instructions, and by requiring all edges of repaired 
areas to be taped or otherwise sealed.

Subpart J--Optional Information for Installation Instructions

    This subpart of the final rule has been re-titled and reorganized 
to include recommendations that may be provided as part of the 
installation instructions. The final rule also clarifies in a new 
section, Sec.  3285.907, that any other information manufacturers may 
want to provide in their instructions that is not specifically 
addressed in this subpart must be consistent with the Model 
Installation Standards and not take the home out of conformance with 
the MHCSS.
    The general provisions in Sec.  3285.901 are revised by also 
including ``access'' to the site as another area that is outside of 
HUD's authority and that may be governed by the LAHJ.
    Provisions addressing variations to manufacturers installation 
instructions in the proposed rule have been relocated to Sec.  
3285.2(b) in the final rule.
    Section 3285.902 of the final rule is revised by recommending that 
the installation instructions include recommendations that the home 
should not be moved to the site until: (1) The LAHJ is informed, (2) 
the site is prepared in accordance with Subpart C of the Model 
Installation Standards, and (3) utilities are available as required by 
the LAHJ. In addition, recommended provisions for: (1) Positioning the 
home in the proposed rule have been relocated to Sec.  3285.6 of the 
final rule, (2) fire separation distances in the proposed rule have 
been relocated to Sec.  3285.101 in the final rule, and (3) 
requirements for drainage structures have been relocated under 
paragraph (b) of this section in the final rule.
    Encroachment and setback distances in the proposed rule have been 
relocated under Sec.  3285.903, ``Permits, alterations, and on-site 
structures,'' in the final rule. In addition, paragraph (c) of this 
section in the final rule is modified to indicate that each accessory 
building and structure is to be designed to support its own live and 
dead loads, unless the structure is attached to the manufactured home 
and otherwise included in the installation instructions or designed by 
a professional engineer or registered architect.
    The provisions for utility service connections are renumbered as 
Sec.  3285.904 in the final rule, and recommendations for procedures to 
be used prior to making utility service connections are revised in the 
final rule, as follows: (1) Where both utility services and the LAHJ 
are available, both should be consulted prior to making any connections 
of the manufactured home to the utilities; (2) where no LAHJ exists and 
utility services are available, the utility should be consulted before 
connecting the manufactured home to any utility service; and (3) in 
rural areas where no LAHJ or utility services are available, a 
professional should be consulted prior to making any system 
connections.
    The provisions for heating oil systems are renumbered as Sec.  
3285.905 in the final rule and the recommendations for the installation 
instructions are revised in the final rule to indicate that homes with 
these systems and storage tanks be tested to in accordance with NFPA 
31, Standard for Installation of Oil Burning Equipment, 2001 edition, 
or, if applicable, to the more stringent requirements of the LAHJ.
    The provisions for telephone and cable TV in the proposed rule are 
renumbered as Sec.  3285.906 in the final rule and it is recommended 
that the installation instructions explain that these services should 
be installed in accordance with the requirements of the LAHJ or the 
NEC, NFPA No. 70-2005.

IV. Revisions to Standards Incorporated by Reference (Reference 
Standards)

    The following is a list of the standards incorporated by reference 
that is being revised from those in the proposed rule by this final 
rule.
    Added:

AWPA--American Wood-Preservers' Association, P.O. Box 388, Selma, 
Alabama 36702.
AWPA M4-02, Standard for the Care of Preservative-Treated Wood 
Products, 2002.
AWPA U1-04, Use Category System; User Specification for Treated Wood, 
2004.
APA--The Engineered Wood Association, 7011 South 19th Street, Tacoma, 
Washington 98411, telephone number (253) 565-6600, fax number (253) 
565-7265.
PS1-95, Construction and Industrial Plywood (with typical APA 
trademarks), 1995 edition.
NFPA Publications--National Fire Protection Association, 1

[[Page 59360]]

Batterymarch Park, Quincy, Massachusetts 02169-7471.
NFPA No. 70, National Electrical Code, 2005.
U.L.--Underwriters Laboratories, 333 Pfingsten Road, Northbrook, 
Illinois 60062.
UL 181A, Standard for Safety Closure Systems for Use with Rigid Air 
Ducts and Air Connectors, 1994, with 1998 revisions.
UL 181B, Standard for Safety Closure Systems for Use with Flexible Air 
Ducts and Air Connectors, 1995, with 1998 revisions.

    Removed:

AWPA--American Wood-Preservers' Association, P.O. Box 388, Selma, 
Alabama 36702.
AWPA C2, Standard for the Preservative Treatment of Lumber, Timber, 
Bridge Ties and Mine Ties, by Pressure Processes, 2001.
AWPA C9, Plywood--Preservative Treatment by Pressure Processes, 2000.

V. 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). The docket file is available for public inspection between 8 
a.m. and 5 p.m. weekdays in the Office of the Rules Docket Clerk, 
Office of General Counsel, Department of Housing and Urban Development, 
451 Seventh Street, SW., Room 10276, Washington, DC. Due to security 
measures at the HUD Headquarters building, please schedule an 
appointment to review the docket file by calling the Regulations 
Division at (202) 708-3055 (this is not a toll-free number). Hearing- 
or speech-impaired individuals may access this number through TTY by 
calling the toll-free Federal Information Relay Service at 1-(800) 877-
8339.

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) (UMRA) establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments, and on the private sector. This rule does not 
impose any federal mandate on any state, local, or tribal government, 
or on the private sector, within the meaning of UMRA.

Environmental Review

    A Finding of No Significant Impact (FONSI) with respect to the 
environment was made at the proposed rule stage, 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)) and 
remains applicable to this final rule. The FONSI is available for 
public inspection during regular business hours in the Office of the 
Rules Docket Clerk, Office of General Counsel, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, 
DC 20410. Due to security measures at the HUD Headquarters building, 
please schedule an appointment to review the docket file by calling the 
Regulations Division at (202) 708-3055 (this is not a toll-free 
number). Hearing- or speech-impaired individuals may access this number 
through TTY by calling the toll-free Federal Information Relay Service 
at (800) 877-8339.

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.
    HUD is required by statute to establish Model Manufactured Home 
Installation Standards through the National Manufactured Housing 
Construction and Safety Standards Act of 1974 (42 U.S.C. 5401-5426). 
However, in accordance with the language of the Act and as set forth in 
Sec.  3285.1 of this rule, these Model Installation Standards are not 
preemptive, but rather establish minimum levels of protection to 
residents of manufactured homes.
    The Model Installation Standards, without the implementing 
regulations to be developed for the federal installation program, 
establish requirements for installation instructions, but do not have 
an impact on state-based installation programs and standards. These 
minimum requirements do not affect governmental relationships or 
distribution of power. This rule does not establish any 
responsibilities for states and localities, but rather establishes 
minimum requirements to be used by home manufacturers in the design of 
manufactured home installation instructions. Therefore, HUD has 
determined that the Model Installation Standards, if adopted, have no 
federalism implications that warrant the preparation of a Federalism 
Assessment, in accordance with Executive Order 13132.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
a regulation that has a significant economic impact on a substantial 
number of small entities, small businesses, or small organizations 
include an initial regulatory flexibility analysis describing the 
regulation's impact on small entities. Such an analysis need not be 
undertaken if the agency has certified that the regulation will not 
have a significant economic impact on a substantial number of small 
entities.
    HUD has conducted a material and labor cost impact analysis for 
this rule. The completed cost analysis determines the cost difference 
between a typical installation conforming to the Model Installation 
Standards from an installation completed in accordance with current 
manufacturer installation instructions. A typical installation is 
defined by the traditional installation method consisting of concrete 
footings, masonry piers, and ground anchors. The cost difference was 
found to vary slightly depending upon whether the home is a single-
section or multi-section home. HUD has determined the following 
recommended Installation Standards would potentially affect the cost of 
the installation of manufactured homes over and above the installation 
costs currently incurred using the manufacturer's installation 
instructions:

    1. Manufacturer review and revision of its manufactured home 
installation manual (Sec.  3285.2).

[[Page 59361]]

    2. Proper drainage slope away from the home (Sec.  3285.203).
    3. Vapor barrier lap at joints (Sec.  3285.204).
    4. Ensure proper configuration for concrete piers (Sec.  
3285.304).
    5. Ensure proper orientation and location of pier supports 
(Sec.  3285.306).
    6. Certification and testing of ground anchors (Sec.  3285.402).
    7. Water line shut-off valve (Sec.  3285.603).
    8. Crossover duct collar hardware and fasteners (Sec.  
3285.606).

    The cost impact for a single-section home is determined to be about 
$133 per home and the cost impact for a multi-section home is 
determined to be about $151 per home. Current manufactured home 
production is about 135,000 homes, consisting of about 40,500 single-
section homes and 94,500 multi-section homes. The combined average cost 
impact is determined to be approximately $145.60 per home multiplied by 
a total of 135,000 homes produced in a year; this totals about $19.6 
million annually.
    Based on a current installation cost of about $5,000 for a single-
wide home, the $133 increase represents an increase of about 2.7 
percent from the current cost of installing a single section home. 
Similarly, the current cost of installing a multi-section home is about 
$8,000. Therefore, the cost impact of $151 per multi-section home 
represents an increase of about 1.9 percent from the current cost. 
These estimated costs and cost impacts do not represent a significant 
economic effect on either an industry-wide or per-home basis. These 
estimates are further limited in the final rule by recognition of the 
manufacturer's installation instructions, including specific methods 
for performing an operation or assembly, as being deemed to comply with 
the Model Installation Standards and, as a result, may avoid the need 
to possibly change certain practices in existing instructions in order 
to comply with the installation standards.
    This small increase in total cost associated with this rule would 
not impose a significant burden for a small business. The rule would 
regulate establishments primarily engaged in making manufactured homes 
(NAICS 32991) and the mobile home set-up and tie-down establishments 
(installers) included within the definition of all other special trade 
contractors (NAICS 23599). Of the 222 firms included under the NAICS 
32991 definition, 198 are small manufacturers that fall below the small 
business threshold of 500 employees. Of the 31,320 firms included under 
NAICS 23599 definition, only 53 firms exceed the small business 
threshold of 500 employees and none of these are primarily mobile home 
set-up and tie-down establishments. The rule thus would affect a 
substantial number of small entities. However, the home manufacturers 
would only be subject to an associated labor cost necessary to revise 
its instructions, and the home installer would be subject to increased 
labor and material costs that would be passed through to the end user 
(manufactured home purchaser). Moreover, because the great majority of 
manufacturers and all installers are considered small entities, there 
would not be any disproportional impact on small entities. Therefore, 
although this rule would affect a substantial number of small entities, 
it would not have a significant economic impact on them. Further, the 
benefits to the consumer and public from the increase in cost may be 
summarized as follows:
    <bullet> Under the new standards, substantial damage due to 
moisture infiltration will be mitigated, thereby avoiding repair and 
remedy that could cost the homeowner hundreds to thousands of dollars, 
depending upon the severity of the damage.
    <bullet> The new standard will require proper configuration, 
location, and construction of piers to increase occupant and public 
safety.
    <bullet> The new provisions for certification and testing of ground 
anchors has the potential to prevent occupant injury or death resulting 
from ground anchor installations that utilize insufficient or under-
performing ground anchors.
    <bullet> The new requirement for a water line shut-off valve 
provides both safety and convenience for the occupant. The absence of a 
water line shut-off valve can potentially cause hundreds to thousands 
of dollars in water damage.
    <bullet> The new standard will require galvanized screws and 
galvanized collars to secure site-installed ducting to factory provided 
connectors, thereby providing for a durable and weather-protected 
connection that can withstand the elements without premature failure 
and replacement. Replacement of the connectors and fastenings per home 
can total about $30 per home, including $10 in materials cost and $20 
in labor costs.
    <bullet> The requirement for manufacturer review and revision of 
installation instructions and subsequent third-party approval of the 
installation instructions will provide a positive impact on occupant 
and general public safety.
    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this 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 does not provide an 
exemption for small entities. This rule does not establish any 
responsibilities for installers; rather, it establishes model 
requirements used by manufacturers in the design of manufactured home 
installation instructions.

Catalogue of Federal Domestic Assistance

    The Catalogue of Federal Domestic Assistance number is 14.171.

List of Subjects

24 CFR Part 3280

    Construction, Housing standards, Incorporation by reference, 
Manufactured homes, Safety.

24 CFR Part 3285

    Housing standards, Incorporation by reference, Installation, 
Manufactured homes.

0
Accordingly, HUD amends 24 CFR part 3280 and adds 24 CFR part 3285 to 
read as follows:

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

0
1. The authority citation for 24 CFR part 3280 continues to read as 
follows:

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


0
2. In Sec.  3280.302, add the definitions of anchor assembly, 
foundation system, and support system in alphabetical order and revise 
the definitions of anchoring equipment, anchoring system, diagonal tie, 
ground anchor, and stabilizing devices to read as follows:


Sec.  3280.302  Definitions.

* * * * *
    Anchor assembly means any device or other means designed to 
transfer home anchoring loads to the ground.
    Anchoring equipment means ties, straps, cables, turnbuckles, 
chains, and other approved components, including tensioning devices 
that are used to secure a manufactured home to anchor assemblies.
    Anchoring system means a combination of anchoring equipment and 
anchor assemblies that will, when properly designed and installed, 
resist the uplift, overturning, and lateral forces on the manufactured 
home and on its support and foundation system.
    Diagonal tie means a tie intended to resist horizontal or shear 
forces, but which may resist vertical, uplift, and overturning forces.
* * * * *
    Foundation system means a system of support that is capable of 
transferring all

[[Page 59362]]

design loads to the ground, including elements of the support system as 
defined in this section, or a site-built permanent foundation that 
meets the requirements of 24 CFR 3282.12.
    Ground anchor means a specific anchoring assembly device designed 
to transfer home anchoring loads to the ground.
* * * * *
    Stabilizing devices means all components of the anchoring and 
support systems, such as piers, footings, ties, anchoring equipment, 
anchoring assemblies, or any other equipment, materials, and methods of 
construction that support and secure the manufactured home to the 
ground.
* * * * *
    Support system means any pilings, columns, footings, piers, 
foundation walls, shims, and any combination thereof that, when 
properly installed, support the manufactured home.

0
3. In Sec.  3280.306, revise paragraphs (b)(2)(iii) and (iv) to read as 
follows:


Sec.  3280.306  Windstorm protection.

* * * * *
    (b) * * *
    (2) * * *
    (iii) That ground anchors are to be embedded below the frost line, 
unless the foundation system is frost-protected in accordance with 
Sec. Sec.  3285.312(b) and 3285.404 of the Model Manufactured Home 
Installation Standards in this chapter.
    (iv) That ground anchors must be installed to their full depth, and 
stabilizer plates must be installed in accordance with the ground 
anchor listing or certification to provide required resistance to 
overturning and sliding.
* * * * *

0
4. In Chapter XX, add part 3285 to read as follows:

PART 3285--MODEL MANUFACTURED HOME INSTALLATION STANDARDS

Subpart A--General

Sec.
3285.1 Administration.
3285.2 Manufacturer installation instructions.
3285.3 Alterations during initial installation.
3285.4 Incorporation by reference (IBR).
3285.5 Definitions.
3285.6 Final leveling of manufactured home.
Subpart B--Pre-Installation Considerations
3285.101 Fire separation.
3285.102 Installation of manufactured homes in flood hazard areas.
3285.103 Site suitability with design zone maps.
3285.104 Moving manufactured home to location.
3285.105 Permits, other alterations, and on-site structures.
Subpart C--Site Preparation
3285.201 Soil conditions.
3285.202 Soil classifications and bearing capacity.
3285.203 Site drainage.
3285.204 Ground moisture control.
Subpart D--Foundations
3285.301 General.
3285.302 Flood hazard areas.
3285.303 Piers.
3285.304 Pier configuration.
3285.305 Clearance under homes.
3285.306 Design procedures for concrete block piers.
3285.307 Perimeter support piers.
3285.308 Manufactured piers.
3285.309 [Reserved]
3285.310 Pier location and spacing.
3285.311 Required perimeter supports.
3285.312 Footings.
3285.313 Combination systems.
3285.314 [Reserved]
3285.315 Special snow load conditions.
Subpart E--Anchorage Against Wind
3285.401 Anchoring instructions.
3285.402 Ground anchor installations.
3285.403 Sidewall, over-the-roof, mate-line, and shear wall straps.
3285.404 Severe climatic conditions.
3285.405 Severe wind zones.
3285.406 Flood hazard areas.
Subpart F--Optional Features
3285.501 Home installation manual supplements.
3285.502 Expanding rooms.
3285.503 Optional appliances.
3285.504 Skirting.
3285.505 Crawlspace ventilation.
Subpart G--Ductwork and Plumbing and Fuel Supply Systems
3285.601 Field assembly.
3285.602 Utility connections.
3285.603 Water supply.
3285.604 Drainage system.
3285.605 Fuel supply system.
3285.606 Ductwork connections.
Subpart H--Electrical Systems and Equipment
3285.701 Electrical crossovers.
3285.702 Miscellaneous lights and fixtures.
3285.703 Smoke alarms.
3285.704 Telephone and cable TV.
Subpart I--Exterior and Interior Close-Up
3285.801 Exterior close-up.
3285.802 Structural interconnection of multi-section homes.
3285.803 Interior close-up.
3285.804 Bottom board repair.
Subpart J--Optional Information for Manufacturer's Installation 
Instructions
3285.901 General.
3285.902 Moving manufactured home to location.
3285.903 Permits, alterations, and on-site structures.
3285.904 Utility systems connection.
3285.905 Heating oil systems.
3285.906 Telephone and cable TV.
3285.907 Manufacturer additions to installation instructions.

    Authority: 42 U.S.C. 3535(d), 5403, 5404, and 5424.

Subpart A--General


Sec.  3285.1  Administration.

    (a) Scope. These Model Installation Standards provide minimum 
requirements for the initial installation of new manufactured homes, in 
accordance with section 605 of the Act (42 U.S.C. 5404). The Model 
Installation Standards are one component of the Manufactured Home 
Installation Program in Part 3286 of this chapter, upon effect, and 
serve as the basis for developing the manufacturers' installation 
instructions required by Sec.  3285.2 of this subpart. The 
manufacturer's installation instructions, including specific methods 
for performing a specific operation or assembly, will be deemed to 
comply with these Model Installation Standards, provided they meet or 
exceed the minimum requirements of these Model Installation Standards 
and do not take the home out of compliance with the Manufactured Home 
Construction and Safety Standards (24 CFR part 3280). Work necessary to 
join all sections of a multi-section home specifically identified in 
Subparts G, H, and I of this part, or work associated with connecting 
exterior lights, chain-hung light fixtures, or ceiling-suspended fans, 
as specifically identified in Subpart I, is not considered assembly or 
construction of the home, although the design of those elements of a 
manufactured home must comply with the Manufactured Home Construction 
and Safety Standards (MHCSS). However, work associated with the 
completion of hinged roofs and eaves in Sec.  3285.801 and other work 
done on-site and not specifically identified in this part as close-up 
is considered construction and assembly and is subject to the 
requirements of the Manufactured Home Construction and Safety Standards 
(24 CFR part 3280) and the Manufactured Home Procedural and Enforcement 
Regulations (24 CFR part 3282).
    (1) States that choose to operate an installation program for 
manufactured homes in lieu of the federal program must implement 
installation standards that provide protection to its residents that 
equals or exceeds the protection provided by these Model Installation 
Standards.
    (2) In states that do not choose to operate their own installation 
program

[[Page 59363]]

for manufactured homes, these Model Installation Standards serve as the 
minimum standards for manufactured home installations.
    (b) Applicability. The standards set forth herein have been 
established to accomplish certain basic objectives and are not to be 
construed as relieving manufacturers, retailers, installers, or other 
parties of responsibility for compliance with other applicable 
ordinances, codes, regulations, and laws. The manufactured homes 
covered by this standard must comply with requirements of the U.S. 
Department of Housing and Urban Development's (HUD) MHCSS Program, as 
set forth in 24 CFR part 3280, Manufactured Home Construction and 
Safety Standards, and 24 CFR part 3282, Manufactured Home Procedural 
and Enforcement Regulations, as well as with, upon effect, the 
Manufactured Home Installation Program, 24 CFR part 3286, and the 
Dispute Resolution Program, 24 CFR part 3288. The requirements of this 
part do not apply to homes installed on site-built permanent 
foundations when the manufacturer certifies the home in accordance with 
Sec.  3282.12 of this chapter.
    (c) Consultation with the Manufactured Housing Consensus Committee. 
The Secretary will seek input from the Manufactured Housing Consensus 
Committee (MHCC) when revising the installation standards in this part 
3285. Before publication of a proposed rule to revise the installation 
standards, the Secretary will provide the MHCC with a 120-day 
opportunity to comment on such revision. The MHCC may send to the 
Secretary any of the MHCC's own recommendations to adopt new 
installation standards or to modify or repeal any of the installation 
standards in this part. Along with each recommendation, the MHCC must 
set forth pertinent data and arguments in support of the action sought. 
The Secretary will either:
    (1) Accept or modify the recommendation and publish it for public 
comment in accordance with section 553 of the Administrative Procedure 
Act (5 U.S.C. 553), along with an explanation of the reasons for any 
such modification; or
    (2) Reject the recommendation entirely, and provide to the MHCC a 
written explanation of the reasons for the rejection.


Sec.  3285.2  Manufacturer installation instructions.

    (a) Instructions required. A manufacturer must provide with each 
new manufactured home, installation designs and instructions that have 
been approved by the Secretary or DAPIA. The approved installation 
instructions must include all topics covered in the Model Installation 
Standards for the installation of manufactured homes. These 
installation instructions and any variations thereto that are prepared 
to comply with paragraph (c) of this section must provide protection to 
residents of the manufactured homes that equals or exceeds the 
protection provided by these Model Installation Standards and must not 
take the manufactured home out of compliance with the MHCSS. These 
instructions must insure that each home will be supported and anchored 
in a manner that is capable of meeting or exceeding the design loads 
required by the MHCSS.
    (b) Professional engineer or registered architect certification. A 
professional engineer or registered architect must prepare and certify 
that the manufacturer's installation instructions meet or exceed the 
Model Installation Standards for foundation support and anchoring 
whenever:
    (1) The manufacturer's installation instructions do not conform in 
their entirety to the minimum requirements or tables or their 
conditions for foundation support and anchoring of this Standard; or
    (2) An alternative foundation system or anchoring system is 
employed, including designs for basements and perimeter support 
foundation systems, whether or not it is included in the installation 
instructions; or
    (3) Materials such as metal piers or alternatives to concrete 
footing materials are required by the installation instructions; or
    (4) Foundation support and anchoring systems are designed for use 
in areas subject to freezing or for use in areas subject to flood 
damage or high seismic risk; or
    (5) Foundations support and anchoring systems are designed to be 
used in special snow load conditions or in severe wind design areas; or
    (6) Site conditions do not allow the use of the manufacturer's 
installation instructions; or
    (7) There are any other circumstances in which the manufacturer's 
installation instructions would not permit the home to be installed in 
conformance with the Installation Standards or the MHCSS.
    (c) Variations to installation instructions.
    (1) Before an installer provides support or anchorage that are 
different than those methods specified in the manufacturer's 
installation instructions, or when the installer encounters site or 
other conditions (such as areas that are subject to flood damage or 
high seismic risk) that prevent the use of the instructions, the 
installer must:
    (i) First attempt to obtain DAPIA-approved designs and instructions 
prepared by the manufacturer; or
    (ii) If designs and instructions are not available from the 
manufacturer, obtain an alternate design prepared and certified by a 
registered professional engineer or registered architect for the 
support and anchorage of the manufactured home that is consistent with 
the manufactured home design, conforms to the requirements of the 
MHCSS, and has been approved by the manufacturer and the DAPIA.
    (2) The manufacturer's installation instructions must include an 
explanation of the requirement in paragraph (c)(1) of this section.
    (d) Installer certification. In making the certification of the 
installation required under part 3286 of this chapter, upon effect, an 
installer must certify that it completed the installation in compliance 
with either the manufacturer's instructions or with an alternate 
installation design and instructions that have been prepared by the 
manufacturer or prepared in compliance with paragraph (c) of this 
section.
    (e) Temporary storage. The installation instructions must provide 
at least one method for temporarily supporting each transportable 
section of a manufactured home, to prevent structural and other damage 
to the structure, when those section(s) are temporarily sited at the 
manufacturer's facility, retailer's lot, or the home site.


Sec.  3285.3  Alterations during initial installation.

    Additions, modifications, or replacement or removal of any 
equipment that affects the installation of the home made by the 
manufacturer, retailer, or installer prior to completion of the 
installation by an installer must equal or exceed the protections and 
requirements of these Model Installation Standards, the MHCSS (24 CFR 
part 3280) and the Manufactured Home Procedural and Enforcement 
Regulations (24 CFR part 3282). An alteration, as defined in Sec.  
3282.7 of this chapter, must not affect the ability of the basic 
manufactured home to comply with the MHCSS, and the alteration must not 
impose additional loads to the manufactured home or its foundation, 
unless the alteration is included in the manufacturer's DAPIA-approved 
designs and installation instructions, or is designed by a registered 
professional engineer or architect consistent with the manufacturer's 
design and that

[[Page 59364]]

conforms to the requirements of the MHCSS.


Sec.  3285.4  Incorporation by reference (IBR).

    (a) The materials listed in this section are incorporated by 
reference in the corresponding sections noted. These incorporations by 
reference were approved by the Director of the Federal Register, in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The materials are 
available for purchase at the corresponding addresses noted below, and 
all are available for inspection at the Office of Manufactured Housing 
Programs, U.S. Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 9164, Washington, DC 20410; or the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) The materials listed below are available for purchase from the 
Air Conditioning Contractors of America (ACCA), 2800 Shirlington Road, 
Suite 300, Arlington, Virginia 22206.
    (1) ACCA Manual J, Residential Load Calculation, 8th Edition, IBR 
approved for Sec.  3285.503(a)(1)(i)(A).
    (2) [Reserved]
    (c) The materials listed below are available for purchase from 
APA--The Engineered Wood Association, 7011 South 19th Street, Tacoma, 
Washington 98411, telephone number (253) 565-6600, fax number (253) 
565-7265.
    (1) PS1-95, Construction and Industrial Plywood (with typical APA 
trademarks), 1995 edition, IBR approved for Sec.  3285.312(a)(2)(i).
    (2) [Reserved]
    (d) The materials listed below are available for purchase from 
American Society of Heating, Refrigerating and Air Conditioning 
Engineers (ASHRAE), 1791 Tullie Circle, NE., Atlanta, Georgia 30329-
2305.
    (1) ASHRAE Handbook of Fundamentals, 1997 Inch-Pound Edition, IBR 
approved for Sec.  3285.503(a)(1)(i)(A).
    (2) [Reserved]
    (e) The materials listed below are available for purchase from 
American Society for Testing and Materials (ASTM), 100 Barr Harbor 
Drive, West Conshohocken, Pennsylvania 19428-2959.
    (1) ASTM C 90-02a, Standard Specification for Loadbearing Concrete 
Masonry Units, 2002, IBR approved for Sec.  3285.312(a)(1)(i).
    (2) ASTM D 1586-99, Standard Test Method for Penetration Test and 
Split-Barrel Sampling of Soils, 1999, IBR approved for the table at 
Sec.  3285.202(c).
    (3) ASTM D 2487-00, Standard Practice for Classification of Soils 
for Engineering Purposes (Unified Soil Classification System), 2000, 
IBR approved for the table at Sec.  3285.202(c).
    (4) ASTM D 2488-00, Standard Practice for Description and 
Identification of Soils (Visual-Manual Procedure), 2000, IBR approved 
for the table at Sec.  3285.202(c).
    (5) ASTM D 3953-97, Standard Specification for Strapping, Flat 
Steel and Seals, 1997, IBR approved for Sec.  3285.402(b)(2) and Note 
10 to Table 1 to Sec.  3285.402.
    (f) The materials listed below are available for purchase from 
American Wood-Preservers' Association (AWPA), P.O. Box 388, Selma, 
Alabama 36702.
    (1) AWPA M4-02, Standard for the Care of Preservative-Treated Wood 
Products, 2002, IBR approved for Sec.  3285.312(a)(2)(iii).
    (2) AWPA U1-04, Use Category System; User Specification for Treated 
Wood, 2004, IBR approved for Sec. Sec.  3285.303(b)(1), 
3285.312(a)(2)(ii), and 3285.504(c).
    (g) The materials listed below are available for purchase from the 
Federal Emergency Management Administration (FEMA), 500 C Street, SW., 
Washington, DC 20472.
    (1) FEMA 85/September 1985, Manufactured Home Installation in Flood 
Hazard Areas, 1985, IBR approved for Sec.  3285.102(d)(3).
    (2) [Reserved]
    (h) The materials listed below are available for purchase from the 
National Fire Protection Association (NFPA), 1 Batterymarch Park, 
Quincy, Massachusetts 02169-7471.
    (1) NFPA 31, Standard for the Installation of Oil Burning 
Equipment, 2001 edition, IBR approved for Sec. Sec.  3285.905(a) and 
3285.905(d)(3).
    (2) NFPA 70, National Electrical Code, 2005 edition, IBR approved 
for Sec. Sec.  3285.702(e)(1) and 3285.906.
    (3) NFPA 501A, Standard for Fire Safety Criteria for Manufactured 
Home Installations, Sites, and Communities, 2003 edition, IBR approved 
for Sec.  3285.101.
    (i) The materials listed below are available for purchase from the 
Structural Engineering Institute/American Society of Civil Engineers 
(SEI/ASCE), 1801 Alexander Bell Drive, Reston, Virginia 20191.
    (1) SEI/ASCE 32-01, Design and Construction of Frost-Protected 
Shallow Foundations, 2001, IBR approved for Sec. Sec.  
3285.312(b)(2)(ii) and 3285.312(b)(3)(ii).
    (2) [Reserved]
    (j) The materials listed below are available for purchase from 
Underwriters Laboratories (UL), 333 Pfingsten Road, Northbrook, 
Illinois 60062.
    (1) UL 181A, Closure Systems for Use With Rigid Air Ducts and Air 
Connectors, 1994, with 1998 revisions, IBR approved for Sec.  
3285.606(a).
    (2) UL 181B, Closure Systems for Use With Flexible Air Ducts and 
Air Connectors, 1995, with 1998 revisions, IBR approved for Sec.  
3285.606(a).


Sec.  3285.5  Definitions.

    The definitions contained in this section apply to the terms used 
in these Model Installation Standards. Where terms are not included, 
common usage of the terms applies. The definitions are as follows:
    Act. The National Manufactured Housing Construction and Safety 
Standards Act of 1974, 42 U.S.C. 5401-5426.
    Anchor assembly. Any device or other means designed to transfer 
home anchoring loads to the ground.
    Anchoring equipment. Ties, straps, cables, turnbuckles, chains, and 
other approved components, including tensioning devices that are used 
to secure a manufactured home to anchor assemblies.
    Anchoring system. A combination of anchoring equipment and anchor 
assemblies that will, when properly designed and installed, resist the 
uplift, overturning, and lateral forces on the manufactured home and on 
its support and foundation system.
    Approved. When used in connection with any material, appliance or 
construction, means complying with the requirements of the Department 
of Housing and Urban Development.
    Arid region. An area subject to 15 inches or less of annual 
rainfall.
    Base flood. The flood having a one percent chance of being equaled 
or exceeded in any given year.
    Base flood elevation (BFE). The elevation of the base flood, 
including wave height, relative to the datum specified on a LAHJ's 
flood hazard map.
    Comfort cooling certificate. A certificate permanently affixed to 
an interior surface of the home specifying the factory design and 
preparations for air conditioning the manufactured home.
    Crossovers. Utility interconnections in multi-section homes that 
are located where the sections are joined. Crossover connections 
include heating and cooling ducts, electrical circuits, water pipes, 
drain plumbing, and gas lines.
    Design Approval Primary Inspection Agency (DAPIA). A state or 
private organization that has been accepted by the Secretary in 
accordance with the

[[Page 59365]]

requirements of Part 3282, Subpart H of this chapter, which evaluates 
and approves or disapproves manufactured home designs and quality 
control procedures.
    Diagonal tie. A tie intended to resist horizontal or shear forces, 
but which may resist vertical, uplift, and overturning forces.
    Flood hazard area. The greater of either: The special flood hazard 
area shown on the flood insurance rate map; or the area subject to 
flooding during the design flood and shown on a LAHJ's flood hazard 
map, or otherwise legally designated.
    Flood hazard map. A map delineating the flood hazard area and 
adopted by a LAHJ.
    Footing. That portion of the support system that transmits loads 
directly to the soil.
    Foundation system. A system of support that is capable of 
transferring all design loads to the ground, including elements of the 
support system, as defined in this section, or a site-built permanent 
foundation that meets the requirements of 24 CFR 3282.12.
    Ground anchor. A specific anchoring assembly device designed to 
transfer home anchoring loads to the ground.
    Installation instructions. DAPIA-approved instructions provided by 
the home manufacturer that accompany each new manufactured home and 
detail the home manufacturer requirements for support and anchoring 
systems, and other work completed at the installation site to comply 
with these Model Installation Standards and the Manufactured Home 
Construction and Safety Standards in 24 CFR part 3280.
    Installation standards. Reasonable specifications for the 
installation of a new manufactured home, at the place of occupancy, to 
ensure proper siting; the joining of all sections of the home; and the 
installation of stabilization, support, or anchoring systems.
    Labeled. A label, symbol, or other identifying mark of a nationally 
recognized testing laboratory, inspection agency, or other organization 
concerned with product evaluation that maintains periodic inspection of 
production of labeled equipment or materials, and by whose labeling is 
indicated compliance with nationally recognized standards or tests to 
determine suitable usage in a specified manner.
    Listed or certified. Included in a list published by a nationally 
recognized testing laboratory, inspection agency, or other organization 
concerned with product evaluation that maintains periodic inspection of 
production of listed equipment or materials, and whose listing states 
either that the equipment or material meets nationally recognized 
standards or has been tested and found suitable for use in a specified 
manner.
    Local authority having jurisdiction (LAHJ). The state, city, 
county, city and county, municipality, utility, or organization that 
has local responsibilities and requirements that must be complied with 
during the installation of a manufactured home.
    Lowest floor. The floor of the lowest enclosed area of a 
manufactured home. An unfinished or flood-resistant enclosure, used 
solely for vehicle parking, home access, or limited storage, must not 
be considered the lowest floor, provided the enclosed area is not 
constructed so as to render the home in violation of the flood-related 
provisions of this standard.
    Manufactured home. A structure, transportable in one or more 
sections, which in the traveling mode is 8 body feet or more in width 
or 40 body feet or more in length, or which when erected on site is 320 
or more square feet, and which is built on a permanent chassis and 
designed to be used as a dwelling with or without a permanent 
foundation when connected to the required utilities, and includes the 
plumbing, heating, air-conditioning, and electrical systems contained 
in the structure. This term includes all structures that meet the above 
requirements, except the size requirements and with respect to which 
the manufacturer voluntarily files a certification, pursuant to Sec.  
3282.13 of this chapter, and complies with the MHCSS set forth in part 
3280 of this chapter. The term does not include any self-propelled 
recreational vehicle. Calculations used to determine the number of 
square feet in a structure will include the total of square feet for 
each transportable section comprising the completed structure and will 
be based on the structure's exterior dimensions measured at the largest 
horizontal projections when erected on-site. These dimensions will 
include all expandable rooms, cabinets, and other projections 
containing interior space, but do not include bay windows. Nothing in 
this definition should be interpreted to mean that a manufactured home 
necessarily meets the requirements of HUD's Minimum Property Standards 
(HUD Handbook 4900.1) or that it is automatically eligible for 
financing under 12 U.S.C. 1709(b) certification.
    Manufactured Home Construction and Safety Standards or MHCSS. The 
Manufactured Home Construction and Safety Standards established in part 
3280 of this chapter, pursuant to section 604 of the Act, 42 U.S.C. 
5403.
    Manufactured home gas supply connector. A listed connector designed 
for connecting the manufactured home to the gas supply source.
    Manufactured home site. A designated parcel of land designed for 
the installation of one manufactured home for the exclusive use of the 
occupants of the home.
    Manufactured Housing Consensus Committee or MHCC. The consensus 
committee established pursuant to section 604(a)(3) of the Act, 42 
U.S.C. 5403(a)(3).
    Model Installation Standards. The installation standards 
established in part 3285 of this chapter, pursuant to section 605 of 
the Act, 42 U.S.C. 5404.
    Pier. That portion of the support system between the footing and 
the manufactured home, exclusive of shims. Types of piers include, but 
are not limited to: Manufactured steel stands; pressure-treated wood; 
manufactured concrete stands; concrete blocks; and portions of 
foundation walls.
    Ramada. Any freestanding roof or shade structure, installed or 
erected above a manufactured home or any portion thereof.
    Secretary. The Secretary of Housing and Urban Development, or an 
official of HUD delegated the authority of the Secretary with respect 
to the Act.
    Skirting. A weather-resistant material used to enclose the 
perimeter, under the living area of the home, from the bottom of the 
manufactured home to grade.
    Stabilizing devices. All components of the anchoring and support 
systems, such as piers, footings, ties, anchoring equipment, anchoring 
assemblies, or any other equipment, materials, and methods of 
construction, that support and secure the manufactured home to the 
ground.
    State. Each of the several states, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American 
Samoa.
    Support system. Pilings, columns, footings, piers, foundation 
walls, shims, and any combination thereof that, when properly 
installed, support the manufactured home.
    Tie. Straps, cable, or securing devices used to connect the 
manufactured home to anchoring assemblies.
    Ultimate load. The absolute maximum magnitude of load that a 
component or system can sustain, limited only by failure.
    Utility connection. The connection of the manufactured home to 
utilities that include, but are not limited to, electricity, water, 
sewer, gas, or fuel oil.
    Vertical tie. A tie intended to resist uplifting and overturning 
forces.

[[Page 59366]]

    Wind zone. The areas designated on the Basic Wind Zone Map, as 
further defined in Sec.  3280.305(c) of the Manufactured Home 
Construction and Safety Standards in this chapter, which delineate the 
wind design load requirements.
    Working load. The maximum recommended load that may be exerted on a 
component or system determined by dividing the ultimate load of a 
component or system by an appropriate factor of safety.


Sec.  3285.6  Final leveling of manufactured home.

    The manufactured home must be adequately leveled prior to 
completion of the installation, so that the home's performance will not 
be adversely affected. The home will be considered adequately leveled 
if there is no more than \1/4\ inch difference between adjacent pier 
supports (frame or perimeter) and the exterior doors and windows of the 
home do not bind and can be properly operated.

Subpart B--Pre-Installation Considerations


Sec.  3285.101  Fire separation.

    Fire separation distances must be in accordance with the 
requirements of Chapter 6 of NFPA 501A, 2003 edition (incorporated by 
reference, see Sec.  3285.4) or the requirements of the LAHJ. The 
installation instructions must clearly indicate this requirement in a 
separate section and must caution installers to take into account any 
local requirements on fire separation.


Sec.  3285.102  Installation of manufactured homes in flood hazard 
areas.

    (a) Definitions. Except to the extent otherwise defined in Subpart 
A, the terms used in this subpart are as defined in 44 CFR 59.1 of the 
National Flood Insurance Program (NFIP) regulations.
    (b) Applicability. The provisions of this section apply to the 
initial installation of new manufactured homes located wholly or partly 
within a flood hazard area.
    (c) Pre-installation considerations. Prior to the initial 
installation of a new manufactured home, the installer is responsible 
for determining whether the manufactured home site lies wholly or 
partly within a special flood hazard area as shown on the LAHJ's Flood 
Insurance Rate Map, Flood Boundary and Floodway Map, or Flood Hazard 
Boundary Map, or if no LAHJ, in accordance with NFIP regulations. If so 
located, and before an installation method is agreed upon, the map and 
supporting studies adopted by the LAHJ must be used to determine the 
flood hazard zone and base flood elevation at the site.
    (d) General elevation and foundation requirements.
    (1) Methods and practices. Manufactured homes located wholly or 
partly within special flood hazard areas must be installed on 
foundations engineered to incorporate methods and practices that 
minimize flood damage during the base flood, in accordance with the 
requirements of the LAHJ, 44 CFR 60.3(a) through (e), and other 
provisions of 44 CFR referenced by those paragraphs.
    (2) Outside appliances.
    (i) Appliances installed on the manufactured home site in flood 
hazard areas must be anchored and elevated to or above the same 
elevation as the lowest elevation of the lowest floor of the home.
    (ii) Appliance air inlets and exhausts in flood hazard areas must 
be located at or above the same elevation as the lowest elevation of 
the lowest floor of the home.
    (3) Related guidance. Refer to FEMA 85/September 1985, Manufactured 
Home Installation in Flood Hazard Areas, 1985 (incorporated by 
reference, see Sec.  3285.4).


Sec.  3285.103  Site suitability with design zone maps.

    Prior to the initial installation of a new manufactured home and as 
part of making the certification of the installation required under 
part 3286, upon effect, the installer is to verify that the design and 
construction of the manufactured home, as indicated on the design zone 
maps provided with the home, are suitable for the site location where 
the home is to be installed. The design zone maps are those identified 
in part 3280 of this chapter.
    (a) Wind zone. Manufactured homes must not be installed in a wind 
zone that exceeds the design wind loads for which the home has been 
designed, as evidenced by the wind zone indicated on the home's data 
plate and as further defined by counties or local governments within 
affected states, as applicable, in Sec.  3280.305(c)(2) of the 
Manufactured Home Construction and Safety Standards in this chapter.
    (b) Roof load zone. Manufactured homes must not be located in a 
roof load zone that exceeds the design roof load for which the home has 
been designed, as evidenced by the roof load zone indicated on the 
home's data plate and as further defined by counties or local 
governments within affected states, as applicable, in Sec.  
3280.305(c)(3) of the Manufactured Home Construction and Safety 
Standards in this chapter. Refer to Sec.  3285.315 for Special Snow 
Load Conditions.
    (c) Thermal zone. Manufactured homes must not be installed in a 
thermal zone that exceeds the thermal zone for which the home has been 
designed, as evidenced by the thermal zone indicated on the heating/
cooling certificate and insulation zone map and as further defined by 
counties or local governments within affected states, as applicable, in 
Sec.  3280.504(b)(5) of the Manufactured Home Construction and Safety 
Standards in this chapter. The manufacturer may provide the heating/
cooling information and insulation zone map on the home's data plate.


Sec.  3285.104  Moving manufactured home to location.

    Refer to Sec.  3285.902 for considerations related to moving the 
manufactured home to the site of installation.


Sec.  3285.105  Permits, other alterations, and on-site structures.

    Refer to Sec.  3285.903 for considerations related to permitting, 
other alterations, and on-site structures.

Subpart C--Site Preparation


Sec.  3285.201  Soil conditions.

    To help prevent settling or sagging, the foundation must be 
constructed on firm, undisturbed soil or fill compacted to at least 90 
percent of its maximum relative density. All organic material such as 
grass, roots, twigs, and wood scraps must be removed in areas where 
footings are to be placed. After removal of organic material, the home 
site must be graded or otherwise prepared to ensure adequate drainage, 
in accordance with Sec.  3285.203.


Sec.  3285.202  Soil classifications and bearing capacity.

    The soil classification and bearing capacity of the soil must be 
determined before the foundation is constructed and anchored. The soil 
classification and bearing capacity must be determined by one or more 
of the following methods, unless the soil bearing capacity is 
established as permitted in paragraph (f) of this section:
    (a) Soil tests. Soil tests that are in accordance with generally 
accepted engineering practice; or
    (b) Soil records. Soil records of the applicable LAHJ; or
    (c) Soil classifications and bearing capacities. If the soil class 
or bearing capacity cannot be determined by test or soil records, but 
its type can be identified, the soil classification, allowable 
pressures, and torque values shown in Table to Sec.  3285.202 may be 
used.

[[Page 59367]]

    (d) A pocket penetrometer; or
    (e) In lieu of determining the soil bearing capacity by use of the 
methods shown in the table, an allowable pressure of 1,500 psf may be 
used, unless the site-specific information requires the use of lower 
values based on soil classification and type.
    (f) If the soil appears to be composed of peat, organic clays, or 
uncompacted fill, or appears to have unusual conditions, a registered 
professional geologist, registered professional engineer, or registered 
architect must determine the soil classification and maximum allowable 
soil bearing capacity.

                                            Table to Sec.   3285.202
----------------------------------------------------------------------------------------------------------------
        Soil classification
------------------------------------
                  ASTM D 2487-00 or                            Allowable soil                   Torque probe \3\
                      D 2488-00         Soil description      bearing pressure    Blow count    value \4\  (inch-
 Classification    (incorporated by                              (psf) \1\      ASTM D 1586-99      pounds)-
     number         reference, see
                    Sec.   3285.4)
----------------------------------------------------------------------------------------------------------------
1...............  .................  Rock or hard pan......  4000+............  ..............
2...............  GW, GP, SW, SP,    Sandy gravel and        2000.............        40+       More than 550.
                   GM, SM.            gravel; very than
                                      dense and/or cemented
                                      sands; course gravel/
                                      cobbles; preloaded
                                      silts, clays and
                                      coral.
3...............  GC, SC, ML, CL...  Sand; silty sand;       1500.............           24-39  351-550.
                                      clayey sand; silty
                                      gravel; medium dense
                                      course sands; sandy
                                      gravel; and very
                                      stiff silt, sand
                                      clays.
4A..............  CG, MH \2\.......  Loose to medium dense   1000.............           18-23  276-350.
                                      sands; firm to stiff
                                      clays and silts;
                                      alluvial fills.
4B..............  CH, MH \2\.......  Loose sands; firm       1000.............           12-17  175-275.
                                      clays; alluvial fills.
5...............  OL, OH, PT.......  Uncompacted fill;       Refer to                     0-11  Less than 175.
                                      peat; organic clays.    3285.202(e).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ The values provided in this table have not been adjusted for overburden pressure, embedment depth, water
  table height, or settlement problems.
\2\ For soils classified as CH or MH, without either torque probe values or blow count test results, selected
  anchors must be rated for a 4B soil.
\3\ The torque test probe is a device for measuring the torque value of soils to assist in evaluating the
  holding capacity of the soil in which the ground anchor is placed. The shaft must be of suitable length for
  the full depth of the ground anchor.
\4\ The torque value is a measure of the load resistance provided by the soil when subject to the turning or
  twisting force of the probe.

Sec.  3285.203  Site Drainage.

    (a) Purpose. Drainage must be provided to direct surface water away 
from the home to protect against erosion of foundation supports and to 
prevent water build-up under the home, as shown in Figure to Sec.  
3285.203.
    (b) The home site must be graded as shown in Figure to Sec.  
3285.203, or other methods, such as a drain tile and automatic sump 
pump system, must be provided to remove any water that may collect 
under the home.
    (c) All drainage must be diverted away from the home and must slope 
a minimum of one-half inch per foot away from the foundation for the 
first ten feet. Where property lines, walls, slopes, or other physical 
conditions prohibit this slope, the site must be provided with drains 
or swales or otherwise graded to drain water away from the structure, 
as shown in Figure to Sec.  3285.203.
    (d) Sloped site considerations. The home, where sited, must be 
protected from surface runoff from the surrounding area.
    (e) Refer to Sec.  3285.902 regarding the use of drainage 
structures to drain surface runoff.
    (f) Gutters and downspouts. Manufacturers must specify in their 
installation instructions whether the home is suitable for the 
installation of gutters and downspouts. If suitable, the installation 
instructions must indicate that when gutters and downspouts are 
installed, the runoff must be directed away from the home.
BILLING CODE 4210-07-P

[[Page 59368]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.006


[[Page 59369]]




Sec.  3285.204  Ground moisture control.

    (a) Vapor retarder. If the space under the home is to be enclosed 
with skirting or other materials, a vapor retarder must be installed to 
cover the ground under the home, unless the home is installed in an 
arid region with dry soil conditions.
    (b) Vapor retarder material. A minimum of six mil polyethylene 
sheeting or its equivalent must be used.
    (c) Proper installation. (1) The entire area under the home must be 
covered with the vapor retarder, as noted in Sec.  3285.204(a), except 
for areas under open porches, decks, and recessed entries. Joints in 
the vapor retarder must be overlapped at least 12 inches.
    (2) The vapor retarder may be placed directly beneath footings, or 
otherwise installed around or over footings placed at grade, and around 
anchors or other obstructions.
    (3) Any voids or tears in the vapor retarder must be repaired. At 
least one repair method must be provided in the manufacturer's 
installation instructions.

Subpart D--Foundations


Sec.  3285.301  General.

    (a) Foundations for manufactured home installations must be 
designed and constructed in accordance with this subpart and must be 
based on site conditions, home design features, and the loads the home 
was designed to withstand, as shown on the home's data plate.
    (b) Foundation systems that are not pier and footing type 
configurations may be used when verified by engineering data and 
designed in accordance with Sec.  3285.301(d), consistent with the 
design loads of the MHCSS. Pier and footing specifications that are 
different than those provided in this subpart, such as block size, 
metal piers, section width, loads, and spacing, may be used when 
verified by engineering data that comply with Sec. Sec.  3285.301(c) 
and (d) and are capable of resisting all design loads of the MHCSS.
    (c) All foundation details, plans, and test data must be designed 
and certified by a registered professional engineer or registered 
architect, and must not take the home out of compliance with the MHCSS. 
(See 3285.2)
    (d) Alternative foundation systems or designs are permitted in 
accordance with either of the following:
    (1) Systems or designs must be manufactured and installed in 
accordance with their listings by a nationally recognized testing 
agency, based on a nationally recognized testing protocol; or
    (2) System designs must be prepared by a professional engineer or a 
registered architect or tested and certified by a professional engineer 
or registered architect in accordance with acceptable engineering 
practice and must be manufactured and installed so as not to take the 
home out of compliance with the Manufactured Home Construction and 
Safety Standards (part 3280 of this chapter).


Sec.  3285.302  Flood hazard areas.

    In flood hazard areas, foundations, anchorings, and support systems 
must be capable of resisting loads associated with design flood and 
wind events or combined wind and flood events, and homes must be 
installed on foundation supports that are designed and anchored to 
prevent floatation, collapse, or lateral movement of the structure. 
Manufacturer's installation instructions must indicate whether:
    (a) The foundation specifications have been designed for flood-
resistant considerations, and, if so, the conditions of applicability 
for velocities, depths, or wave action; or
    (b) The foundation specifications are not designed to address flood 
loads.


Sec.  3285.303  Piers.

    (a) General. The piers used must be capable of transmitting the 
vertical live and dead loads to the footings or foundation.
    (b) Acceptable piers--materials specification.
    (1) Piers are permitted to be concrete blocks; pressure-treated 
wood with a water borne preservative, in accordance with AWPA Standard 
U1-04 (incorporated by reference, see Sec.  3285.4) for Use Category 4B 
ground contact applications; or adjustable metal or concrete piers.
    (2) Manufactured piers must be listed or labeled for the required 
vertical load capacity, and, where required by design, for the 
appropriate horizontal load capacity.
    (c) Design requirements.
    (1) Load-bearing capacity. The load bearing capacity for each pier 
must be designed to include consideration for the dimensions of the 
home, the design dead and live loads, the spacing of the piers, and the 
way the piers are used to support the home.
    (2) Center beam/mating wall support must be required for multi-
section homes and designs must be consistent with Tables 2 and 3 to 
Sec.  3285.303 and Figures A, B, and C to Sec.  3285.310.
    (d) Pier loads.
    (1) Design support configurations for the pier loads, pier spacing, 
and roof live loads must be in accordance with Tables 1, 2, and 3 to 
Sec.  3285.303 and the MHCSS. Other pier designs are permitted in 
accordance with the provisions of this subpart.
    (2) Manufactured piers must be rated at least to the loads required 
to safely support the dead and live loads, as required by Sec.  
3285.301, and the installation instructions for those piers must be 
consistent with Tables 1, 2, and 3 to this section.

        Table 1 to Sec.   3285.303--Frame Blocking Only/Perimeter Support Not Required Except at Openings
----------------------------------------------------------------------------------------------------------------
                                                Roof live load
                 Pier spacing                        (psf)                  Location                Load (lbs.)
----------------------------------------------------------------------------------------------------------------
                                                            20  Frame...........................           2,900
4 ft. 0 in....................................              30  Frame...........................           3,300
                                                            40  Frame...........................           3,600
----------------------------------------------------------------------------------------------------------------
                                                            20  Frame...........................           4,200
6 ft. 0 in....................................              30  Frame...........................           4,700
                                                            40  Frame...........................           5,200
----------------------------------------------------------------------------------------------------------------
                                                            20  Frame...........................           5,500
8 ft. 0 in....................................              30  Frame...........................           6,200
                                                            40  Frame...........................           6,900
----------------------------------------------------------------------------------------------------------------
                                                            20  Frame...........................           6,800
10 ft. 0 in...................................              30  Frame...........................           7,600

[[Page 59370]]

 
                                                            40  Frame...........................           8,500
----------------------------------------------------------------------------------------------------------------


    Notes: 
    1. See Table to Sec.  3285.312 for cast-in-place footing design 
by using the noted loads.
    2. Table 1 is based on the following design assumptions: maximum 
16 ft. nominal section width (15 ft. actual width), 12'' eave, 10'' 
I-beam size, 300 lbs. pier dead load, 10 psf roof dead load, 6 psf 
floor dead load, 35 plf wall dead load, and 10 plf chassis dead 
load.
    3. Interpolation for other pier spacing is permitted.
    4. The pier spacing and loads shown in the above table do not 
consider flood or seismic loads and are not intended for use in 
flood or seismic hazard areas. In those areas, the foundation 
support system is to be designed by a professional engineer or 
architect.
    5. See Table to Sec.  3285.312 for sizing of footings.


              Table 2 to Sec.   3285.303--Frame Plus Perimeter Blocking/Perimeter Blocking Required
----------------------------------------------------------------------------------------------------------------
                                                Roof live load
             Maximum pier spacing                    (psf)                  Location                Load (lbs.)
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           1,400
4 ft. 0 in....................................              20  Perimeter.......................           1,900
                                                ..............  Mating..........................           3,200
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           1,400
4 ft. 0 in....................................              30  Perimeter.......................           2,300
                                                ..............  Mating..........................           3,800
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           1,400
4 ft. 0 in....................................              40  Perimeter.......................           2,600
                                                ..............  Mating..........................           4,400
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           1,900
6 ft. 0 in....................................              20  Perimeter.......................           2,700
                                                ..............  Mating..........................           4,700
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           1,900
6 ft. 0 in....................................              30  Perimeter.......................           3,200
                                                ..............  Mating..........................           5,600
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           1,900
6 ft. 0 in....................................              40  Perimeter.......................           3,700
                                                ..............  Mating..........................           6,500
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           2,400
8 ft. 0 in....................................              20  Perimeter.......................           3,500
                                                ..............  Mating..........................           6,100
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           2,400
8 ft. 0 in....................................              30  Perimeter.......................           4,200
                                                ..............  Mating..........................           7,300
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           2,400
8 ft. 0 in....................................              40  Perimeter.......................           4,800
                                                ..............  Mating..........................           8,500
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           2,900
10 ft. 0 in...................................              20  Perimeter.......................           4,300
                                                ..............  Mating..........................           7,600
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           2,900
10 ft. 0 in...................................              30  Perimeter.......................           5,100
                                                ..............  Mating..........................           9,100
----------------------------------------------------------------------------------------------------------------
                                                ..............  Frame...........................           2,900
10 ft. 0 in...................................              40  Perimeter.......................           6,000
                                                ..............  Mating..........................          10,600
----------------------------------------------------------------------------------------------------------------


    Notes: 
    1. See Table to Sec.  3285.312 for cast-in-place footing design 
by using the noted loads.
    2. Mating wall perimeter piers and footings only required under 
full height mating walls supporting roof loads. Refer to Figures A 
and B to Sec.  3285.310.
    3. Table 2 is based on the following design assumptions: maximum 
16 ft. nominal section width (15 ft. actual width), 12'' eave, 10'' 
I-beam size, 300 lbs. pier dead load, 10 psf roof dead load, 6 psf 
floor dead load, 35 plf wall dead load, and 10 plf chassis dead 
load.

[[Page 59371]]

    4. Interpolation for other pier spacing is permitted.
    5. The pier spacing and loads shown in the above table do not 
consider flood or seismic loads and are not intended for use in 
flood or seismic hazard areas. In those areas, the foundation 
support system is to be designed by a professional engineer or 
architect.
    6. See Table to Sec.  3285.312 for sizing of footings.


      Table 3 to Sec.   3285.303--Ridge Beam Span Footing Capacity
------------------------------------------------------------------------
                                                             Pier and
        Mating wall opening (ft)          Roof live load   footing load
                                               (psf)          (lbs.)
------------------------------------------------------------------------
                                                      20           1,200
5.......................................              30           1,600
                                                      40           1,900
------------------------------------------------------------------------
                                                      20           2,300
10......................................              30           3,100
                                                      40           3,800
------------------------------------------------------------------------
                                                      20           3,500
15......................................              30           4,700
                                                      40           5,800
------------------------------------------------------------------------
                                                      20           4,700
20......................................              30           6,200
                                                      40           7,500
------------------------------------------------------------------------
                                                      20           5,800
25......................................              30           7,800
                                                      40           9,700
------------------------------------------------------------------------
                                                      20           7,000
30......................................              30           9,300
                                                      40          11,600
------------------------------------------------------------------------
                                                      20           8,100
35......................................              30          10,900
                                                      40          13,600
------------------------------------------------------------------------


    Notes: 
    1. See Table to Sec.  3285.312 for cast-in-place footing design 
by using the noted loads.
    2. Table 3 is based on the following design assumptions: maximum 
16 ft. nominal section width (15 ft. actual width), 10<gr-thn-eq> I-
beam size, 300 lbs. pier dead load, 10 psf roof dead load, 6 psf 
floor dead load, 35 plf wall dead load, and 10 plf chassis dead 
load.
    3. Loads listed are maximum column loads for each section of the 
manufactured home.
    4. Interpolation for maximum allowable pier and column loads is 
permitted for mate-line openings between those shown in the table.
    5. The pier spacing and loads shown in the above table do not 
consider flood or seismic loads and are not intended for use in 
flood or seismic hazard areas. In those areas, the foundation 
support system must be designed by a professional engineer or 
registered architect.
    6. See Table to Sec.  3285.312 for sizing of footings.

Sec.  3285.304  Pier configuration.

    (a) Concrete blocks. Installation instructions for concrete block 
piers must be developed in accordance with the following provisions and 
must be consistent with Figures A and B to Sec.  3285.306.
    (1) Load-bearing (not decorative) concrete blocks must have nominal 
dimensions of at least 8 inches x 8 inches x 16 inches;
    (2) The concrete blocks must be stacked with their hollow cells 
aligned vertically; and
    (3) When piers are constructed of blocks stacked side-by-side, each 
layer must be at right angles to the preceding one, as shown in Figure 
B to Sec.  3285.306.
    (b) Caps. (1) Structural loads must be evenly distributed across 
capped-hollow block piers, as shown in Figures A and B to Sec.  
3285.306.
    (2) Caps must be solid concrete or masonry at least 4 inches in 
nominal thickness, or hardboard lumber at least 2 inches nominal in 
thickness; or be corrosion-protected minimum one-half inch thick steel; 
or be of other listed materials.
    (3) All caps must be of the same length and width as the piers on 
which they rest.
    (4) When split caps are used on double-stacked blocks, the caps 
must be installed with the long dimension across the joint in the 
blocks below.
    (c) Gaps. Any gaps that occur during installation between the 
bottom of the main chassis beam and foundation support system must be 
filled by:
    (1) Nominal 4 inch x 6 inch x 1 inch shims to level the home and 
fill any gaps between the base of the main chassis beam and the top of 
the pier cap;
    (2) Shims must be used in pairs, as shown in Figures A and B to 
Sec.  3285.306, and must be driven in tightly so that they do not 
occupy more than one inch of vertical height; and
    (3) Hardwood plates no thicker than 2 inches nominal in thickness 
or 2 inch or 4 inch nominal concrete block must be used to fill in any 
remaining vertical gaps.
    (d) Manufactured pier heights. Manufactured pier heights must be 
selected so that the adjustable risers do not extend more than 2 inches 
when finally positioned.


Sec.  3285.305  Clearance under homes.

    A minimum clearance of 12 inches must be maintained between the 
lowest member of the main frame (I-beam or channel beam) and the grade 
under all areas of the home.


Sec.  3285.306  Design procedures for concrete block piers.

    (a) Frame piers less than 36 inches high.
    (1) Frame piers less than 36 inches high are permitted to be 
constructed of single, open, or closed-cell concrete blocks, 8 inches 
`` 8 inches `` 16 inches, when the design capacity of the block is not 
exceeded.
    (2) The frame piers must be installed so that the long sides are at 
right angles to the supported I-beam, as shown in Figure A to this 
section.
    (3) The concrete blocks must be stacked with their hollow cells 
aligned vertically and must be positioned at right angles to the 
footings.
    (4) Horizontal offsets from the top to the bottom of the pier must 
not exceed one-half inch.
    (5) Mortar is not required, unless specified in the installation 
instructions or required by a registered professional engineer or 
registered architect.
    (b) Frame piers 36 inches to 67 inches high and corner piers.
    (1) All frame piers between 36 inches and 67 inches high and all 
corner piers over three blocks high must be constructed out of double, 
interlocked concrete blocks, as shown in Figure B to this section, when 
the design capacity of the block is not exceeded. Mortar is not 
required for concrete block piers, unless otherwise specified in the 
installation instructions or required by a professional engineer or 
registered architect.
    (2) Horizontal offsets from the top to the bottom of the pier must 
not exceed one inch.
    (c) All piers over 67 inches high. Piers over 67 inches high must 
be designed by a registered professional engineer or registered 
architect, in accordance with acceptable engineering practice. Mortar 
is not required for concrete block piers, unless otherwise specified in 
the manufacturer installation instructions or by the design.
BILLING CODE 4210-07-P

[[Page 59372]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.007


[[Page 59373]]


[GRAPHIC] [TIFF OMITTED] TR19OC07.008

Sec.  3285.307  Perimeter support piers.

    (a) Piers required at mate-line supports, perimeter piers, and 
piers at exterior wall openings are permitted to be constructed of 
single open-cell or closed-cell concrete blocks, with nominal 
dimensions of 8 inches x 8 inches x 16 inches, to a maximum height of 
54 inches, as shown in Figure A to this section, when the design 
capacity of the block is not exceeded.
    (b) Piers used for perimeter support must be installed with the 
long dimension parallel to the perimeter rail.


Sec.  3285.308  Manufactured piers.

    (a) Manufactured piers must be listed and labeled and installed to 
the pier manufacturer's installation instructions. See Sec.  
3285.303(d)(2) for additional requirements.
    (b) Metal or other manufactured piers must be provided with 
protection against weather deterioration and corrosion at least 
equivalent to that provided by a coating of zinc on steel of .30 oz./
ft.\2\ of surface coated.


Sec.  3285.309  [Reserved]


Sec.  3285.310  Pier location and spacing.

    (a) The location and spacing of piers depends upon the dimensions 
of the home, the live and dead loads, the type of construction (single-
or multi-section), I-beam size, soil bearing capacity, footing size, 
and such other factors as the location of doors or other openings.
    (b) Mate-line and column pier supports must be in accordance with 
this subpart and consistent with Figures A through C to this section, 
unless the pier support and footing configuration is designed by a 
registered professional engineer or registered architect.
    (c) Piers supporting the frame must be no more than 24 inches from 
both ends and not more than 120 inches center to center under the main 
rails.
    (d) Pier support locations. Pier support locations and spacing must 
be presented to be consistent with Figures A and B to Sec.  3285.312, 
as applicable, unless alternative designs are provided by a 
professional engineer or registered architect in accordance with 
acceptable engineering practice.

[[Page 59374]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.009


    Notes: 
    1. Bottom of footings must extend below frost line depth, unless 
designed for placement above the frost line. (See Sec.  
3285.312(b)).
    2. Piers may be offset up to 6 in. in either direction along the 
supported members to allow for plumbing, electrical, mechanical, 
equipment, crawlspaces, or other devices.
    3. Single-stack concrete block pier loads must not exceed 8,000 
lbs.
    4. Prefabricated piers must not exceed their approved or listed 
maximum vertical or horizontal design loads.
    5. When a full-height mating wall does not support the ridge 
beam, this area is considered an unsupported span--Span B.
    6. Piers are not required at openings in the mating wall that 
are less than 48 inches in width. Place piers on both sides of 
mating wall openings that are 48 inches or greater in width. For 
roof loads of 40 psf or greater, a professional engineer or 
registered architect must determine the maximum mating wall opening 
permitted without pier or other supports.


[[Page 59375]]


[GRAPHIC] [TIFF OMITTED] TR19OC07.010


    Notes: 
    1. Bottom of footings must be below the frost line depth, unless 
designed for placement above the frost line. (See Sec.  
3285.312(b)).
    2. Piers may be offset 6 in. in either direction along supported 
members to allow for plumbing electrical, mechanical equipment, 
crawlspaces, or other devices.
    3. Single stack concrete block pier loads must not exceed 8,000 
lbs.
    4. Piers are not required at openings in the mating wall that 
are less than 48 inches in width. Place piers on both sides of 
mating wall openings that are 48 inches or greater in width. For 
roof loads of 40 psf or greater, a professional engineer or 
registered architect must determine the maximum mating wall opening 
permitted without pier or other supports.
    5. When a full-height mating wall does not support the ridge 
beam, this area is considered an unsupported span--Span B.
    6. In areas where the open span is greater than 10 ft., 
intermediate piers and footings must be placed at maximum 10 ft. on 
center.
    7. Prefabricated piers must not exceed their approved or listed 
maximum horizontal or vertical design loads.
    8. Column piers are in addition to piers required under full-
height mating walls.


[[Page 59376]]


[GRAPHIC] [TIFF OMITTED] TR19OC07.011


    Notes: 
    1. Mate-line column support piers are installed with the long 
dimension of the concrete block perpendicular to the rim joists.
    2. Pier and footing designed to support both floor sections. 
Loads as listed in Table 3 to Sec.  3285.303 are total column loads 
for both sections.

Sec.  3285.311  Required perimeter supports.

    (a) Perimeter pier or other supports must be located as follows:
    (1) On both sides of side wall exterior doors (such as entry, 
patio, and sliding glass doors) and any other side wall openings of 48 
inches or greater in width, and under load-bearing porch posts, factory 
installed fireplaces, and fireplace stoves).
    (2) Other perimeter supports must be:
    (i) Located in accordance with Table 2 to Sec.  3285.303; or
    (ii) Provided by other means such as additional outriggers or floor 
joists. When this alternative is used, the designs required by Sec.  
3285.301 must consider the additional loads in sizing the pier and 
footing supports under the main chassis beam.
    (b) For roof live loads of 40 psf or greater, a professional 
engineer or architect must determine the maximum sidewall opening 
permitted without perimeter pier or other supports.
    (c) The location and installation of any perimeter pier support 
must not take the home out of compliance with the Manufactured Home 
Construction and Safety Standards (part 3280 of this chapter).


Sec.  3285.312  Footings.

    (a) Materials approved for footings must provide equal load-bearing 
capacity and resistance to decay, as required by this section. Footings 
must be placed on undisturbed soil or fill compacted to 90 percent of 
maximum relative density. A footing must support every pier. Footings 
are to be either:
    (1) Concrete.
    (i) Four inch nominal precast concrete pads meeting or exceeding 
ASTM C 90-02a, Standard Specification for Loadbearing Concrete Masonry 
Units (incorporated by reference, see Sec.  3285.4), without 
reinforcement, with at least a 28-day compressive strength of 1,200 
pounds per square inch (psi); or
    (ii) Six inch minimum poured-in-place concrete pads, slabs, or 
ribbons with at least a 28-day compressive

[[Page 59377]]

strength of 3,000 pounds per square inch (psi). Site-specific soil 
conditions or design load requirements may also require the use of 
reinforcing steel in cast-in-place concrete footings.
    (2) Pressure-treated wood.
    (i) Pressure-treated wood footings must consist of a minimum of two 
layers of nominal 2-inch thick pressure-treated wood, a single layer of 
nominal \3/4\-inch thick, pressure-treated plywood with a maximum size 
of 16 inches by 16 inches, or at least two layers of \3/4\-inch thick, 
pressure-treated plywood for sizes greater than 16 inches by 16 inches. 
Plywood used for this purpose is to be rated exposure 1 or exterior 
sheathing, in accordance with PS1-95, Construction and Industrial 
Plywood (incorporated by reference, see Sec.  3285.4).
    (ii) Pressure treated lumber is to be treated with a water-borne 
adhesive, in accordance with AWPA Standard U1-04 (incorporated by 
reference, see Sec.  3285.4) for Use Category 4B ground contact 
applications.
    (iii) Cut ends of pressure treated lumber must be field-treated, in 
accordance with AWPA Standard M4-02 (incorporated by reference, see 
Sec.  3285.4).
    (3) ABS footing pads.
    (i) ABS footing pads are permitted, provided they are installed in 
accordance with the pad manufacturer installation instructions and 
certified for use in the soil classification at the site.
    (ii) ABS footing pads must be listed or labeled for the required 
load capacity.
    (4) Other Materials. Footings may be of other materials than those 
identified in this section, provided they are listed for such use and 
meet all other applicable requirements of this subpart.
    (b) Placement in freezing climates. Footings placed in freezing 
climates must be designed using methods and practices that prevent the 
effects of frost heave by one of the following methods:
    (1) Conventional footings. Conventional footings must be placed 
below the frost line depth for the site unless an insulated foundation 
or monolithic slab is used (refer to Sec. Sec.  3285.312(b)(2) and 
3285.312(b)(3)). When the frost line depth is not available from the 
LAHJ, a registered professional engineer, registered architect, or 
registered geologist must be consulted to determine the required frost 
line depth for the manufactured home site. This is not subject to the 
provisions in Sec.  3285.2(c) that also require review by the 
manufacturer and approval by its DAPIA for any variations to the 
manufacturer's installation instructions for support and anchoring.
    (2) Monolithic slab systems. A monolithic slab is permitted above 
the frost line when all relevant site-specific conditions, including 
soil characteristics, site preparation, ventilation, and insulative 
properties of the under floor enclosure, are considered and anchorage 
requirements are accommodated as set out in Sec.  3285.401. The 
monolithic slab system must be designed by a registered professional 
engineer or registered architect:
    (i) In accordance with acceptable engineering practice to prevent 
the effects of frost heave; or
    (ii) In accordance with SEI/ASCE 32-01 (incorporated by reference, 
see Sec.  3285.4).
    (3) Insulated foundations. An insulated foundation is permitted 
above the frost line, when all relevant site-specific conditions, 
including soil characteristics, site preparation, ventilation, and 
insulative properties of the under floor enclosure, are considered, and 
the foundation is designed by a registered professional engineer or 
registered architect:
    (i) In accordance with acceptable engineering practice to prevent 
the effects of frost heave; or
    (ii) In accordance with SEI/ASCE 32-01 (incorporated by reference, 
see Sec.  3285.4).
    (c) Sizing of footings. The sizing and layout of footings depends 
on the load-bearing capacity of the soil, footings, and the piers. See 
Sec. Sec.  3285.202 and 3285.303, and Table to 3285.312.
[GRAPHIC] [TIFF OMITTED] TR19OC07.012


    Notes: 
    1. Refer to Table 1 of Sec.  3285.303 for pier and footing 
requirements when frame blocking only is used.
    2. In addition to blocking required by Sec.  3285.311, see Table 
2 to Sec.  3285.303 for maximum perimeter blocking loads.
    3. End piers under main I-beams may be set back a maximum of 24 
inches, as measured from the outside edge of the floor to the center 
of the pier.
    4. Place piers on both sides of sidewall exterior doors, patio 
doors, and sliding glass doors; under porch posts, factory-installed

[[Page 59378]]

fireplaces, and fireplace stoves; under jamb studs at multiple 
window openings; and at any other sidewall openings 48 inches or 
greater in width. For roof loads of 40 psf or greater, a 
professional engineer or registered architect must determine the 
maximum sidewall opening permitted without perimeter supports. See 
Sec. Sec.  3285.307 and 3285.311 for additional requirements and for 
locating perimeter supports.
[GRAPHIC] [TIFF OMITTED] TR19OC07.013

    1. Refer to Table 1 to Sec.  3285.303 for pier and footing 
requirements when frame blocking only is used.
    2. In addition to blocking required by Sec.  3285.311, see 
Tables 2 and 3 to Sec.  3285.303 for maximum perimeter blocking 
loads.
    3. End piers under main I-beams may be set back a maximum of 24 
inches, as measured from the outside edge of the floor to the center 
of the pier.
    4. Place piers on both sides of sidewall exterior doors, patio 
doors, and sliding glass doors; under porch posts, factory-installed 
fireplaces, and fireplace stoves; under jamb studs at multiple 
window openings; and at any other sidewall openings of 48 inches or 
greater in width. For roof loads of 40 psf or greater, a 
professional engineer or registered architect must determine the 
maximum side wall opening permitted without perimeter supports or 
mating wall opening permitted without pier or other supports. See 
Sec. Sec.  3285.307 and 3285.311 for additional information on 
requirements and for locating perimeter supports.
    5. When an end pier under the mate-line also serves as a column 
pier, it may be set back a maximum of 6 in., as measured from the 
inside edge of the exterior wall to the center of the pier.


            Table to Sec.   3285.312.--The Size and Capacity for Unreinforced Cast-in-Place Footings
----------------------------------------------------------------------------------------------------------------
                                                        8 in. x 16 in. pier            16 in. x 16 in. pier
                                                 ---------------------------------------------------------------
                                      Minimum                      Unreinforced                    Unreinforced
       Soil capacity (psf)         footing size       Maximum      cast-in-place      Maximum      cast-in-place
                                       (in.)          footing         minimum         footing         minimum
                                                     capacity        thickness       capacity        thickness
                                                      (lbs.)           (in.)          (lbs.)           (in.)
----------------------------------------------------------------------------------------------------------------
1,000...........................         16 x 16           1,600               6           1,600               6
                                         20 x 20           2,600               6           2,600               6
                                         24 x 24           3,700               6           3,700               6
                                         30 x 30           5,600               8           5,800               6
                                         36 x 36           7,900              10           8,100               8
                                         42 x 42      \4\ 10,700              10          10,700              10
                                         48 x 48      \4\ 13,100              12          13,600              10
1,500...........................         16 x 16           2,500               6           2,500               6
                                         20 x 20           4,000               6           4,000               6
                                         24 x 24           5,600               8           5,700               6
                                         30 x 30       \4\ 8,500              10           8,900               8
                                         36 x 36      \4\ 12,400              10          12,600               8
                                         42 x 42      \4\ 16,500              12       \4\16,800              10
                                         48 x 48      \4\ 21,200              14       \4\21,600              12
2,000...........................         16 x 16           3,400               6           3,400               6
                                         20 x 20           5,300               6           5,300               6
                                         24 x 24           7,600               8           7,700               6

[[Page 59379]]

 
                                         30 x 30      \4\ 11,700              10          11,900               8
                                         36 x 36      \4\ 16,700              15      \4\ 16,900              10
                                         42 x 42      \4\ 21,700              18      \4\ 22,700              12
2,500...........................         16 x 16           4,300               6           4,300               6
                                         20 x 20           6,700               6           6,700               6
                                         24 x 24       \4\ 9,600               8           9,700               6
                                         30 x 30      \4\ 14,800              10          15,000               8
                                         36 x 36      \4\ 20,700              12      \4\ 21,400              10
3,000...........................         16 x 16           5,200               6           5,200               6
                                         20 x 20           8,100               8           8,100               6
                                         24 x 24      \4\ 11,500              10          11,700               6
                                         30 x 30      \4\ 17,800              12      \4\ 18,100               8
                                         36 x 36      \4\ 25,400              14      \4\ 25,900              10
4,000...........................         16 x 16           7,000               6           7,000               6
                                         20 x 20      \4\ 10,800               8          10,900               6
                                         24 x 24      \4\ 15,500              10          15,600               8
                                         30 x 30      \4\ 23,300              12      \4\ 24,200              10
----------------------------------------------------------------------------------------------------------------


    Notes: 
    1. The footing sizes shown are for square pads and are based on 
the area (in.\2\), shear and bending required for the loads shown. 
Other configurations, such as rectangular or circular 
configurations, can be used, provided the area and depth is equal to 
or greater than the area and depth of the square footing shown in 
the table, and the distance from the edge of the pier to the edge of 
the footing is not less than the thickness of the footing.
    2. The 6 in. cast-in-place values can be used for 4 in. 
unreinforced precast concrete footings.
    3. The capacity values listed have been reduced by the dead load 
of the concrete footing.
    4. Concrete block piers must not exceed their design capacity of 
8,000 lbs. for 8<gr-thn-eq> x 16<gr-thn-eq> single stack block and 
16,000 lbs. for 16<gr-thn-eq> x 16<gr-thn-eq> double stack block.
    5. A registered professional engineer or registered architect 
must prepare the design, if the design loads exceed the capacity for 
single or double stack concrete block piers shown in footnote 4.

Sec.  3285.313  Combination systems.

    Support systems that combine both load-bearing capacity and uplift 
resistance must also be sized and designed for all applicable design 
loads.


Sec.  3285.314  [Reserved]


Sec.  3285.315  Special snow load conditions.

    (a) General. Foundations for homes designed for and located in 
areas with roof live loads greater than 40 psf must be designed by the 
manufacturer for the special snow load conditions, in accordance with 
acceptable engineering practice. Where site or other conditions 
prohibit the use of the manufacturer's instructions, a registered 
professional engineer or registered architect must design the 
foundation for the special snow load conditions.
    (b) Ramadas. Ramadas may be used in areas with roof live loads 
greater than 40 psf. Ramadas are to be self-supporting, except that any 
connection to the home must be for weatherproofing only.

Subpart E--Anchorage Against Wind


Sec.  3285.401  Anchoring instructions.

    (a) After blocking and leveling, the manufactured home must be 
secured against the wind by use of anchor assembly type installations 
or by connecting the home to an alternative foundation system. See 
Sec.  3285.301.
    (b) For anchor assembly type installations, the installation 
instructions must require the home to be secured against the wind, as 
described in this section. The installation instructions and design for 
anchor type assemblies must be prepared by a registered professional 
engineer or registered architect, in accordance with acceptable 
engineering practice, the design loads of the MHCSS, and Sec.  
3285.301(d).
    (c) All anchoring and foundation systems must be capable of meeting 
the loads that the home was designed to withstand required by part 
3280, subpart D of this chapter, as shown on the home's data plate. 
Exception: Manufactured homes that are installed in less restrictive 
roof load zone and wind zone areas may have foundation or anchorage 
systems that are capable of meeting the lower design load provisions of 
the Standards, if the design for the lower requirements is either 
provided in the installation instructions or the foundation and 
anchorage system is designed by a professional engineer or registered 
architect.
    (d) The installation instructions are to include at least the 
following information and details for anchor assembly-type 
installations:
    (1) The maximum spacing for installing diagonal ties and any 
required vertical ties or straps to ground anchors;
    (2) The minimum and maximum angles or dimensions for installing 
diagonal ties or straps to ground anchors and the main chassis members 
of the manufactured home;
    (3) Requirements for connecting the diagonal ties to the main 
chassis members of the manufactured home. If the diagonal ties are 
attached to the bottom flange of the main chassis beam, the frame must 
be designed to prevent rotation of the beam;
    (4) Requirements for longitudinal and mating wall tie-downs and 
anchorage;
    (5) The method of strap attachment to the main chassis member and 
ground anchor, including provisions for swivel-type connections;
    (6) The methods for protecting vertical and diagonal strapping at 
sharp corners by use of radius clips or other means; and
    (7) As applicable, the requirements for sizing and installation of 
stabilizer plates.


Sec.  3285.402  Ground anchor installations.

    (a) Ground anchor certification and testing. Each ground anchor 
must be manufactured and provided with

[[Page 59380]]

installation instructions, in accordance with its listing or 
certification. A nationally recognized testing agency must list, or a 
registered professional engineer or registered architect must certify, 
the ground anchor for use in a classified soil (refer to Sec.  
3285.202), based on a nationally recognized testing protocol, or a 
professional engineer or registered architect must certify that the 
ground anchor is capable of resisting all loads in paragraph (b) of 
this section for the soil type or classification.
    (b) Specifications for tie-down straps and ground anchors.
    (1) Ground anchors. Ground anchors must be installed in accordance 
with their listing or certification, be installed to their full depth, 
be provided with protection against weather deterioration and corrosion 
at least equivalent to that provided by a coating of zinc on steel of 
not less than 0.30 oz./ft.\2\ of surface coated, and be capable of 
resisting a minimum ultimate load of 4,725 lbs. and a working load of 
3,150 lbs., as installed, unless reduced capacities are noted in 
accordance with note 11 of Table 1 to this section or note 12 of Tables 
2 and 3 to this section. The ultimate load and working load of ground 
anchors and anchoring equipment must be determined by a registered 
professional engineer, registered architect, or tested by a nationally 
recognized third-party testing agency in accordance with a nationally 
recognized testing protocol.
    (2) Tie-down straps. A 1\1/4\ inch x 0.035 inch or larger steel 
strapping conforming to ASTM D 3953--97, Standard Specification for 
Strapping, Flat Steel and Seals (incorporated by reference, see Sec.  
3285.4), Type 1, Grade 1, Finish B, with a minimum total capacity of 
4,725 pounds (lbs.) and a working capacity of 3,150 pounds (lbs.) must 
be used. The tie-down straps must be provided with protection against 
weather deterioration and corrosion at least equivalent to that 
provided by a coating of zinc on steel of not less than 0.30 oz./ft.\2\ 
of surface coated. Slit or cut edges of coated strapping need not be 
zinc coated.
    (c) Number and location of ground anchors.
    (1) Ground anchor and anchor strap spacing must be:
    (i) No greater than the spacing shown in Tables 1 through 3 to this 
section and Figures A and B to this section; or
    (ii) Designed by a registered engineer or architect, in accordance 
with acceptable engineering practice and the requirements of the MHCSS 
for any conditions that are outside the parameters and applicability of 
the Tables 1 through 3 to this section.
    (2) The requirements in paragraph (c) of this section must be used 
to determine the maximum spacing of ground anchors and their 
accompanying anchor straps, based on the soil classification determined 
in accordance with Sec.  3285.202:
    (i) The installed ground anchor type and size (length) must be 
listed for use in the soil class at the site and for the minimum and 
maximum angle permitted between the diagonal strap and the ground; and
    (ii) All ground anchors must be installed in accordance with their 
listing or certification and the ground anchor manufacturer 
installation instructions; and
    (iii) If required by the ground anchor listing or certification, 
the correct size and type of stabilizer plate is installed. If metal 
stabilizer plates are used, they must be provided with protection 
against weather deterioration and corrosion at least equivalent to that 
provided by a coating of zinc on steel of not less than 0.30 oz./ft.2 
of surface coated. Alternatively, ABS stabilizer plates may be used 
when listed and certified for such use.
    (3) Longitudinal anchoring. Manufactured homes must also be 
stabilized against wind in the longitudinal direction in all Wind 
Zones. Manufactured homes located in Wind Zones II and III must have 
longitudinal ground anchors installed on the ends of the manufactured 
home transportable section(s) or be provided with alternative systems 
that are capable of resisting wind forces in the longitudinal 
direction. See Figure C to Sec.  3285.402 for an example of one method 
that may be used to provide longitudinal anchoring. A professional 
engineer or registered architect must certify the longitudinal 
anchoring method or any alternative system used as adequate to provide 
the required stabilization, in accordance with acceptable engineering 
practice.

[[Page 59381]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.014


    Notes: 
    1. Refer to Tables 1, 2, and 3 to this section for maximum 
ground anchor spacing.
    2. Longitudinal anchors not shown for clarity; refer to 
3285.402(b)(2) for longitudinal anchoring requirements.


[[Page 59382]]


[GRAPHIC] [TIFF OMITTED] TR19OC07.015


    Notes: 
    1. Vertical Straps are not required in Wind Zone I.
    2. The frame must be designed to prevent rotation of the main 
chassis beam, when the diagonal ties are not attached to the top 
flange of the beam. See Sec.  3285.401(d)(3).


[[Page 59383]]


[GRAPHIC] [TIFF OMITTED] TR19OC07.016


[[Page 59384]]



                Table 1 to Sec.   3285.402.--Maximum Diagonal Tie-Down Strap Spacing, Wind Zone I
----------------------------------------------------------------------------------------------------------------
                                       Max. height from ground
 Nominal floor width, single section/     to diagonal strap       I-beam spacing  82.5     I-beam spacing  99.5
            multi-section                     attachment                  in.                      in.
----------------------------------------------------------------------------------------------------------------
12/24 ft. 144 in. nominal section(s).  25 in..................  14 ft. 2 in............  N/A.
                                       33 in..................  11 ft. 9 in............  N/A.
                                       46 in..................  9 ft. 1 in.............  N/A.
                                       67 in..................  N/A....................  N/A.
----------------------------------------------------------------------------------------------------------------
14/28 ft. 168 in. nominal section(s).  25 in..................  18 ft. 2 in............  15 ft. 11 in.
                                       33 in..................  16 ft. 1 in............  13 ft. 6 in.
                                       46 in..................  13 ft. 3 in............  10 ft. 8 in.
                                       67 in..................  10 ft. 0 in............  N/A.
----------------------------------------------------------------------------------------------------------------
16/32 ft. 180 in. to 192 in. nominal   25 in..................  N/A....................  19 ft. 5 in.
 section(s).
                                       33 in..................  19 ft. 0 in............  17 ft. 5 in.
                                       46 in..................  16 ft. 5 in............  14 ft. 7 in.
                                       67 in..................  13 ft. 1 in............  11 ft. 3 in.
----------------------------------------------------------------------------------------------------------------


    Notes: 
    1. Table is based on maximum 90 in. sidewall height.
    2. Table is based on maximum 4 in. inset for ground anchor head 
from edge of floor or wall.
    3. Table is based on main rail (I-beam) spacing per given 
column.
    4. Table is based on maximum 4 in. eave width for single-section 
homes and maximum 12 in. for multi-section homes.
    5. Table is based on maximum 20-degree roof pitch (4.\3/12\).
    6. Table is based upon the minimum height between the ground and 
the bottom of the floor joist being 18 inches. Interpolation may be 
required for other heights from ground to strap attachment.
    7. Additional tie-downs may be required per the home 
manufacturer instructions.
    8. Ground anchors must be certified for these conditions by a 
professional engineer, architect, or listed by a nationally 
recognized testing laboratory.
    9. Ground anchors must be installed to their full depth, and 
stabilizer plates, if required by the ground anchor listing or 
certification, must also be installed in accordance with the listing 
or certification and in accordance with the ground anchor and home 
manufacturer instructions.
    10. Strapping and anchoring equipment must be certified by a 
registered professional engineer or registered architect, or listed 
by a nationally recognized testing agency to resist these specified 
forces, in accordance with testing procedures in ASTM D 3953-97, 
Standard Specification for Strapping, Flat Steel and Seals 
(incorporated by reference, see Sec.  3285.4).
    11. A reduced ground anchor or strap working load capacity will 
require reduced tie-down strap and anchor spacing.
    12. Ground anchors must not be spaced closer than the minimum 
spacing permitted by the listing or certification.
    13. Table is based on a 3,150 lbs. working load capacity, and 
straps must be placed within 2 ft. of the ends of the home.
    14. Table is based on a minimum angle of 30 degrees and a 
maximum angle of 60 degrees between the diagonal strap and the 
ground.
    15. Table does not consider flood or seismic loads and is not 
intended for use in flood or seismic hazard areas. In those areas, 
the anchorage system is to be designed by a professional engineer or 
architect.


                                   Table 2 to Sec.   3285.402--Maximum Diagonal Tie-Down Strap Spacing, Wind Zone II.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Max. height from            Near beam method I-beam spacing               Second beam method I-beam spacing
Nominal floor width, single section/   ground to diagonal   --------------------------------------------------------------------------------------------
           multi-section                strap attachment            82.5 in.                99.5 in.               82.5 in.               99.5 in.
--------------------------------------------------------------------------------------------------------------------------------------------------------
12 ft/24 ft. 144 in. nominal         25 in.................  6 ft. 2 in............  4 ft. 3 in...........  N/A..................  N/A
 section(s).
                                     33 in.................  5 ft. 2 in............  N/A..................  N/A..................  N/A
                                     46 in.................  4 ft. 0 in............  N/A..................  N/A..................  N/A
                                     67 in.................  N/A...................  N/A..................  6 ft 1 in............  6 ft 3 in
--------------------------------------------------------------------------------------------------------------------------------------------------------
14 ft/28 ft. 168 in. nominal         25 in.................  7 ft. 7 in............  6 ft. 9 in...........  N/A..................  N/A
 section(s).
                                     33 in.................  6 ft. 10 in...........  5 ft. 9 in...........  N/A..................  N/A
                                     46 in.................  5 ft. 7 in............  4 ft. 6 in...........  N/A..................  N/A
                                     67 in.................  4 ft. 3 in............  N/A..................  N/A..................  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
16 ft/32 ft. 180 in. to 192 in.      25 in.................  N/A...................  7 ft. 10 in..........  N/A..................  N/A
 nominal section(s).
                                     33 in.................  7 ft. 6 in............  7 ft. 2 in...........  N/A..................  N/A
                                     46 in.................  6 ft. 9 in............  6 ft. 0 in...........  N/A..................  N/A
                                     67 in.................  5 ft. 4 in............  4 ft. 7 in...........  N/A..................  N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Notes: 
    1. Table is based on maximum 90 in. sidewall height.
    2. Table is based on maximum 4 in. inset for ground anchor head 
from edge of floor or wall.
    3. Tables are based on main rail (I-beam) spacing per given 
column.
    4. Table is based on maximum 4 in. eave width for single-section 
homes and maximum 12 in. for multi-section homes.
    5. Table is based on maximum 20-degree roof pitch (4.3/12).
    6. All manufactured homes designed to be located in Wind Zone II 
must have a vertical tie installed at each diagonal tie location.
    7. Table is based upon the minimum height between the ground and 
the bottom of the floor joist being 18 inches. Interpolation may

[[Page 59385]]

be required for other heights from ground to strap attachment.
    8. Additional tie downs may be required per the home 
manufacturer instructions.
    9. Ground anchors must be certified by a professional engineer, 
or registered architect, or listed by a nationally recognized 
testing laboratory.
    10. Ground anchors must be installed to their full depth, and 
stabilizer plates, if required by the ground anchor listing or 
certification, must also be installed in accordance with the listing 
or certification and in accordance with the ground anchor and home 
manufacturer instructions.
    11. Strapping and anchoring equipment must be certified by a 
registered professional engineer or registered architect or must be 
listed by a nationally recognized testing agency to resist these 
specified forces, in accordance with testing procedures in ASTM D 
3953--97, Standard Specification for Strapping, Flat Steel and Seals 
(incorporated by reference, see Sec.  3285.4).
    12. A reduced ground anchor or strap working load capacity will 
require reduced tie-down strap and anchor spacing.
    13. Ground anchors must not be spaced closer than the minimum 
spacing permitted by the listing or certification.
    14. Table is based on a 3,150 lbs. working load capacity, and 
straps must be placed within 2 ft. of the ends of the home.
    15. Table is based on a minimum angle of 30 degrees and a 
maximum of 60 degrees between the diagonal strap and the ground.
    16. Table does not consider flood or seismic loads and is not 
intended for use in flood or seismic hazard areas. In those areas, 
the anchorage system is to be designed by a professional engineer or 
architect.


               Table 3 to Sec.   3285.402.--Maximum Diagonal Tie-down Strap Spacing, Wind Zone III.
----------------------------------------------------------------------------------------------------------------
                                 Max. height from    Near beam method I-beam spacing      Second beam method I-
  Nominal floor width, single       ground to     -------------------------------------       beam spacing
     section/multi-section        diagonal strap                                       -------------------------
                                    attachment          82.5 in.          99.5 in.        82.5 in.     99.5 in.
----------------------------------------------------------------------------------------------------------------
12 ft./24 ft. 144 in. nominal   25 in............  5 ft. 1 in.......  N/A.............  N/A........  N/A
 section(s).
                                33 in............  4 ft. 3 in.......  N/A.............  N/A........  N/A
                                46 in............  N/A..............  N/A.............  N/A........  N/A
                                67 in............  N/A..............  N/A.............  N/A........  N/A
14 ft./28 ft. 168 in. nominal   25 in............  6 ft. 2 in.......  5 ft. 7 in......  N/A........  N/A
 section(s).
                                33 in............  5 ft. 8 in.......  4 ft. 9 in......  N/A........  N/A
                                46 in............  4 ft. 8 in.......  N/A.............  N/A........  N/A
                                67 in............  N/A..............  N/A.............  N/A........  N/A
16 ft./32 ft. 180 in. to 192    25 in............  N/A..............  6 ft. 3 in......  N/A........  N/A
 in. nominal sections.
                                33 in............  6 ft. 1 in.......  5 ft. 11 in.....  N/A........  N/A
                                46 in............  5 ft. 7 in.......  5 ft. 0 in......  N/A........  N/A
                                67 in............  4 ft. 5 in.......  N/A.............  N/A........  N/A
----------------------------------------------------------------------------------------------------------------


    Notes: 1. Table is based on maximum 90 in. sidewall height.
    2. Table is based on maximum 4 in. inset for ground anchor head 
from edge of floor or wall.
    3. Table is based on main rail (I-beam) spacing per given 
column.
    4. Table is based on maximum 4 in. eave width for single-section 
homes and maximum 12 in. for multi-section homes.
    5. Table is based on maximum 20-degree roof pitch (4.3/12).
    6. All manufactured homes designed to be located in Wind Zone 
III must have a vertical tie installed at each diagonal tie 
location.
    7. Table is based upon the minimum height between the ground and 
the bottom of the floor joist being 18 inches. Interpolation may be 
required for other heights from ground to strap attachment.
    8. Additional tie downs may be required per the home 
manufacturer instructions.
    9. Ground anchors must be certified by a professional engineer, 
or registered architect, or listed by a nationally recognized 
testing laboratory.
    10. Ground anchors must be installed to their full depth, and 
stabilizer plates, if required by the ground anchor listing or 
certification, must also be installed in accordance with the listing 
or certification and per the ground anchor and home manufacturer 
instructions.
    11. Strapping and anchoring equipment must be certified by a 
registered professional engineer or registered architect or must be 
listed by a nationally recognized testing agency to resist these 
specified forces, in accordance with testing procedures in ASTM D 
3953-97, Standard Specification for Strapping, Flat Steel and Seals 
(incorporated by reference, see Sec.  3285.4).
    12. A reduced ground anchor or strap working load capacity will 
require reduced tie-down strap and anchor spacing.
    13. Ground anchors must not be spaced closer than the minimum 
spacing permitted by the listing or certification.
    14. Table is based on a 3,150 lbs. working load capacity, and 
straps must be placed within 2 ft. of the ends of the home.
    15. Table is based on a minimum angle of 30 degrees and a 
maximum angle of 60 degrees between the diagonal strap and the 
ground.
    16. Table does not consider flood or seismic loads and is not 
intended for use in flood or seismic hazard areas. In those areas, 
the anchorage system is to be designed by a professional engineer or 
architect.

Sec.  3285.403  Sidewall, over-the-roof, mate-line, and shear wall 
straps.

    If sidewall, over-the-roof, mate-line, or shear wall straps are 
installed on the home, they must be connected to an anchoring assembly.


Sec.  3285.404  Severe climatic conditions.

    In frost-susceptible soil locations, ground anchor augers must be 
installed below the frost line, unless the foundation system is frost-
protected to prevent the effects of frost heave, in accordance with 
acceptable engineering practice and Sec.  3280.306 of this chapter and 
Sec.  3285.312.


Sec.  3285.405  Severe wind zones.

    When any part of a home is installed within 1,500 feet of a 
coastline in Wind Zones II or III, the manufactured home must be 
designed for the increased requirements, as specified on the home's 
data plate (refer to Sec.  3280.5(f) of this chapter) in accordance 
with acceptable engineering practice. Where site or other conditions 
prohibit the use of the manufacturer's instructions, a registered 
professional engineer or registered architect, in accordance with 
acceptable engineering practice, must design anchorage for the special 
wind conditions.


Sec.  3285.406  Flood hazard areas.

    Refer to Sec.  3285.302 for anchoring requirements in flood hazard 
areas.

[[Page 59386]]

Subpart F--Optional Features


Sec.  3285.501  Home installation manual supplements.

    Supplemental instructions for optional equipment or features must 
be approved by the DAPIA as not taking the home out of conformance with 
the requirements of this part, or part 3280 of this chapter, and 
included with the manufacturer installation instructions.


Sec.  3285.502  Expanding rooms.

    The support and anchoring systems for expanding rooms must be 
installed in accordance with designs provided by the home manufacturer 
or prepared by a registered professional engineer or registered 
architect, in accordance with acceptable engineering practice.


Sec.  3285.503  Optional appliances.

    (a) Comfort cooling systems. When not provided and installed by the 
home manufacturer, any comfort cooling systems that are installed must 
be installed according to the appliance manufacturer's installation 
instructions.
    (1) Air conditioners. Air conditioning equipment must be listed or 
certified by a nationally recognized testing agency for the application 
for which the unit is intended and installed in accordance with the 
terms of its listing or certification (see Sec.  3280.714 of this 
chapter).
    (i) Energy efficiency.
    (A) Site-installed central air conditioning equipment must be sized 
to meet the home's heat gain requirement, in accordance with Chapter 28 
of the 1997 ASHRAE Handbook of Fundamentals (incorporated by reference, 
see Sec.  3285.4) or ACCA Manual J, Residential Cooling Load, 8th 
Edition (incorporated by reference, see Sec.  3285.4). Information 
necessary to calculate the home's heat gain can be found on the home's 
comfort cooling certificate.
    (B) The BTU/hr. rated capacity of the site-installed air 
conditioning equipment must not exceed the air distribution system's 
rated BTU/hr. capacity as shown on the home's compliance certificate.
    (ii) Circuit rating. If a manufactured home is factory-provided 
with an exterior outlet to energize heating and/or air conditioning 
equipment, the branch circuit rating on the tag adjacent to this outlet 
must be equal to or greater than the minimum circuit amperage 
identified on the equipment rating plate.
    (iii) A-coil units.
    (A) A-coil air conditioning units must be compatible and listed for 
use with the furnace in the home and installed in accordance with the 
appliance manufacturer's instructions.
    (B) The air conditioner manufacturer instructions must be followed.
    (C) All condensation must be directed beyond the perimeter of the 
home by means specified by the equipment manufacturer.
    (2) Heat pumps. Heat pumps must be listed or certified by a 
nationally recognized testing agency for the application for which the 
unit is intended and installed in accordance with the terms of its 
listing or certification. (See Sec.  3280.714 of this chapter).
    (3) Evaporative coolers.
    (i) A roof-mounted cooler must be listed or certified by a 
nationally recognized testing agency for the application for which the 
unit is intended and installed in accordance with the terms of its 
listing (see Sec.  3280.714 of this chapter).
    (A) Any discharge grill must not be closer than three feet from a 
smoke alarm.
    (B) Before installing a roof-mounted evaporative cooler on-site, 
the installer must ensure that the roof will support the weight of the 
cooler.
    (C) A rigid base must be provided to distribute the cooler weight 
over multiple roof trusses to adequately support the weight of the 
evaporative cooler.
    (ii) An evaporative cooler that is not roof-mounted is to be 
installed in accordance with the requirements of its listing or the 
equipment manufacturer's instructions, whichever is the more 
restrictive.
    (b) Fireplaces and wood-stoves. When not provided by the home 
manufacturer, fireplaces and wood-stoves including chimneys and air 
inlets for fireplaces and wood stoves must be listed for use with 
manufactured homes and must be installed in accordance with their 
listings.
    (c) Appliance venting.
    (1) All fuel burning heat producing appliances of the vented type 
except ranges and ovens must be vented to the exterior of the home.
    (2) Upon completion, the venting system must comply with all 
requirements of Sec. Sec.  3280.707(b) and 3280.710 of the Manufactured 
Home Construction and Safety Standards in this chapter.
    (3) When the vent exhausts through the floor, the vent must not 
terminate under the home and must extend to the home's exterior and 
through any skirting that may be installed.
    (d) Clothes dryer exhaust duct system. A clothes dryer exhaust duct 
system must conform with and be completed in accordance with the 
appliance manufacturer instructions and Sec.  3280.708 of this chapter. 
The vents must exhaust to the exterior of the home, beyond any 
perimeter skirting installed around it, as shown in Figure to Sec.  
3285.503.
BILLING CODE 4210-07-C

[[Page 59387]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.017


    Notes: 
    1. Installation of the exhaust system must be in accordance with 
the dryer manufacturer instructions.
    2. Dryer exhaust system must not contain reverse slope or 
terminate under the home.

Sec.  3285.504  Skirting.

    (a) Skirting, if used, must be of weather-resistant materials or 
provided with protection against weather deterioration at least 
equivalent to that provided by a coating of zinc on steel of not less 
than 0.30 oz./ft.\2\ of surface coated.
    (b) Skirting must not be attached in a manner that can cause water 
to be trapped between the siding and trim or forced up into the wall 
cavities trim to which it is attached.
    (c) All wood skirting within 6 inches of the ground must be 
pressure-treated in accordance with AWPA Standard U1 (incorporated by 
reference, see Sec.  3285.4) for Use Category 4A, Ground Anchor Contact 
Applications, or be naturally resistant to decay and termite 
infestations.
    (d) Skirting must not be attached in a manner that impedes the 
contraction and expansion characteristics of the home's exterior 
covering.


Sec.  3285.505  Crawlspace ventilation.

    (a) A crawlspace with skirting must be provided with ventilation 
openings. The minimum net area of ventilation openings must not be less 
than one square foot (ft.\2\) for every 150 square feet (ft.\2\) of the 
home's floor area. The total area of ventilation openings may be 
reduced to one square foot (ft.\2\) for every 1,500 square feet 
(ft.\2\) of the home's floor area, where a uniform 6-mil polyethylene 
sheet material or other acceptable vapor retarder is installed, 
according to Sec.  3285.204, on the ground surface beneath the entire 
floor area of the home.
    (b) Ventilation openings must be placed as high as practicable 
above the ground.
    (c) Ventilation openings must be located on at least two opposite 
sides to provide cross-ventilation.
    (d) Ventilation openings must be covered for their full height and 
width with a perforated corrosion and weather-resistant covering that 
is designed to prevent the entry of rodents. In areas subject to 
freezing, the coverings for the ventilation openings must also be of 
the adjustable type, permitting them to be in the open or closed 
position, depending on the climatic conditions.
    (e) Access opening(s) not less than 18 inches in width and 24 
inches in height and not less than three square feet (ft.\2\) in area 
must be provided and must be located so that any utility connections 
located under the home are accessible.
    (f) Dryer vents and combustion air inlets must pass through the 
skirting to the outside. Any surface water runoff from the furnace, air 
conditioning, or water heater drains must be directed away from under 
the home or collected by other methods identified in Sec.  3285.203.

Subpart G--Ductwork and Plumbing and Fuel Supply Systems


Sec.  3285.601  Field assembly.

    Home manufacturers must provide specific installation instructions 
for the proper field assembly of manufacturer-supplied and shipped 
loose ducts, plumbing, and fuel supply system parts that are necessary 
to join all sections of the home and are designed to be located 
underneath the home. The installation instructions must be designed in 
accordance with applicable requirements of part 3280, subparts G and H, 
of this chapter, as specified in this subpart.


Sec.  3285.602  Utility connections.

    Refer to Sec.  3285.904 for considerations for utility system 
connections.


Sec.  3285.603  Water supply.

    (a) Crossover. Multi-section homes with plumbing in both sections 
require water-line crossover connections to join all sections of the 
home. The crossover design requirements are located in, and must be 
designed in accordance with, Sec.  3280.609 of this chapter.
    (b) Maximum supply pressure and reduction. When the local water 
supply pressure exceeds 80 psi to the manufactured home, a pressure-
reducing valve must be installed.
    (c) Mandatory shutoff valve.
    (1) An identified and accessible shutoff valve must be installed 
between the water supply and the inlet.
    (2) The water riser for the shutoff valve connection must be 
located underneath or adjacent to the home.
    (3) The shutoff valve must be a full-flow gate or ball valve, or 
equivalent valve.
    (d) Freezing protection. Water line crossovers completed during 
installation must be protected from freezing. The freeze protection 
design requirements are located in, and must

[[Page 59388]]

be designed in accordance with, Sec.  3280.603 of this chapter.
    (1) If subject to freezing temperatures, the water connection must 
be wrapped with insulation or otherwise protected to prevent freezing.
    (2) In areas subject to freezing or subfreezing temperatures, 
exposed sections of water supply piping, shutoff valves, pressure 
reducers, and pipes in water heater compartments must be insulated or 
otherwise protected from freezing.
    (3) Use of pipe heating cable. Only pipe heating cable listed for 
manufactured home use is permitted to be used, and it must be installed 
in accordance with the cable manufacturer installation instructions.
    (e) Testing procedures.
    (1) The water system must be inspected and tested for leaks after 
completion at the site. The installation instructions must provide 
testing requirements that are consistent with Sec.  3280.612 of this 
chapter.
    (2) The water heater must be disconnected when using an air-only 
test.


Sec.  3285.604  Drainage system.

    (a) Crossovers. Multi-section homes with plumbing in more than one 
section require drainage system crossover connections to join all 
sections of the home. The crossover design requirements are located in, 
and must be designed in accordance with, Sec.  3280.610 of this 
chapter.
    (b) Assembly and support. If portions of the drainage system were 
shipped loose because they were necessary to join all sections of the 
home and designed to be located underneath the home, they must be 
installed and supported in accordance with Sec.  3280.608 of this 
chapter.
    (c) Proper slopes. Drains must be completed in accordance with 
Sec.  3280.610 of this chapter.
    (1) Drain lines must not slope less than one-quarter inch per foot, 
unless otherwise noted on the schematic diagram, as shown in Figure to 
Sec.  3285.604.
    (2) A slope of one-eight inch per foot may be permitted when a 
clean-out is installed at the upper end of the run.
    (d) Testing procedures. The drainage system must be inspected and 
tested for leaks after completion at the site. The installation 
instructions must provide testing requirements that are consistent with 
Sec.  3280.612 of this chapter.
BILLING CODE 4210-07-P
[GRAPHIC] [TIFF OMITTED] TR19OC07.018

Sec.  3285.605  Fuel supply system.

    (a) Proper supply pressure. The gas piping system in the home is 
designed for a pressure that is at least 7 inches of water column 
[4oz./in.\2\ or 0.25 psi] and not more than 14 inches of water column 
[8 oz./in.\2\ or 0.5 psi]. If gas from any supply source exceeds, or 
could exceed this pressure, a regulator must be installed if required 
by the LAHJ.
    (b) Crossovers.
    (1) Multi-section homes with fuel supply piping in both sections 
require crossover connections to join all sections of the home. The 
crossover design requirements are located in, and must be designed in 
accordance with, Sec.  3280.705 of this chapter.
    (2) Tools must not be required to connect or remove the flexible 
connector quick-disconnect.
    (c) Testing procedures. The gas system must be inspected and tested 
for leaks after completion at the site. The installation instructions 
must provide testing requirements that are consistent with Sec.  
3280.705 of this chapter.


Sec.  3285.606  Ductwork connections.

    (a) Multi-section homes with ductwork in more than one section 
require crossover connections to complete the duct system of the home. 
All ductwork connections, including duct collars, must be sealed to 
prevent air leakage. Galvanized metal straps or tape and mastics listed 
to UL 181A (incorporated by reference, see Sec.  3285.4), for closure 
systems with rigid air ducts and connectors, or UL 181B (incorporated 
by reference, see Sec.  3285.4), for closure systems with flexible air 
ducts and connectors, must be used around the duct collar and secured 
tightly to make all connections.
    (b) If metal straps are used, they must be secured with galvanized 
sheet metal screws.
    (c) Metal ducts must be fastened to the collar with a minimum of 
three

[[Page 59389]]

galvanized sheet metal screws equally spaced around the collar.
    (d) Air conditioning or heating ducts must be installed in 
accordance with applicable requirements of the duct manufacturer 
installation instructions.
    (e) The duct must be suspended or supported above the ground by 
straps or other means that are spaced at a maximum distance not to 
exceed 4'-0'' or as otherwise permitted by the installation 
instructions. When straps are used to support a flexible type duct, the 
straps must be at least \1/2\'' wider than the spacing of the metal 
spirals encasing the duct. The ducts must be installed such that the 
straps cannot slip between any two spirals and arranged under the floor 
to prevent compression or kinking in any location, as shown in Figures 
A and B to this section. In-floor crossover ducts are permitted, in 
accordance with Sec.  3285.606(g).
    (f) Crossover ducts outside the thermal envelope must be insulated 
with materials that conform to designs consistent with part 3280, 
subpart F of this chapter.
    (g) In-floor or ceiling crossover duct connections must be 
installed and sealed to prevent air leakage.
[GRAPHIC] [TIFF OMITTED] TR19OC07.019


    Notes: 

    1. This system is typically used when a crossover duct has not 
been built into the floor and the furnace is outside the I-Beam. 
With this type of installation, it is necessary for two flexible 
ducts to be installed.
    2. The crossover duct must be listed for exterior use.
    [GRAPHIC] [TIFF OMITTED] TR19OC07.020
    

    Notes: 

    1. This system is typically used when a crossover duct has not 
been built into the floor and the furnace is situated directly over 
the main duct in one section of the home. A single flexible duct is 
then used to connect the two sections to each other.
    2. The crossover duct must be listed for exterior use.

Subpart H--Electrical Systems and Equipment


Sec.  3285.701  Electrical crossovers.

    Multi-section homes with electrical wiring in more than one section 
require crossover connections to join all sections of the home. The 
crossover must be designed in accordance with part 3280, subpart I of 
this chapter, and completed in accordance with the directions provided 
in the installation instructions.


Sec.  3285.702  Miscellaneous lights and fixtures.

    (a) When the home is installed, exterior lighting fixtures, 
ceiling-suspended (paddle) fans, and chain-hung lighting fixtures are 
permitted to be installed in accordance with their listings and part 
3280, subpart I of this chapter.
    (b) Grounding. (1) All the exterior lighting fixtures and ceiling 
fans installed per Sec.  3285.702(a) must be grounded by a fixture-
grounding device or by a fixture-grounding wire.
    (2) For chain-hung lighting fixtures, as shown in Figure A to this 
section, both

[[Page 59390]]

a fixture-grounding device and a fixture-grounding wire must be used. 
The identified conductor must be the neutral conductor.
    (c) Where lighting fixtures are mounted on combustible surfaces 
such as hardboard, a limited combustible or noncombustible ring, as 
shown in Figures A and B to this section, must be installed to 
completely cover the combustible surface exposed between the fixture 
canopy and the wiring outlet box.
    (d) Exterior lights. (1) The junction box covers must be removed 
and wire-to-wire connections must be made using listed wire connectors.
    (2) Wires must be connected black-to-black, white-to-white, and 
equipment ground-to-equipment ground.
    (3) The wires must be pushed into the box, and the lighting fixture 
must be secured to the junction box.
    (4) The lighting fixture must be caulked around its base to ensure 
a watertight seal to the sidewall.
    (5) The light bulb must be installed and the globe must be 
attached.
    (e) Ceiling fans. (1) Ceiling-suspended (paddle) fans must be 
connected to junction box listed and marked for ceiling fan 
application, in accordance with Article 314.27(b) of the National 
Electrical Code, NFPA No. 70-2005 (incorporated by reference, see Sec.  
3285.4); and
    (2) The ceiling fan must be installed with the trailing edges of 
the blades at least 6 feet 4 inches above the finished floor; and
    (3) The wiring must be connected in accordance with the product 
manufacturer installation instructions.
    (f) Testing. (1) After completion of all electrical wiring and 
connections, including crossovers, electrical lights, and ceiling fans, 
the electrical system must be inspected and tested at the site, in 
accordance with the testing requirements of Sec.  3280.810(b) of this 
chapter.
    (2) The installation instructions must indicate that each 
manufactured home must be subjected to the following tests:
    (i) An electrical continuity test to ensure that metallic parts are 
effectively bonded;
    (ii) Operational tests of all devices and utilization equipment, 
except water heaters, electric ranges, electric furnaces, dishwashers, 
clothes washers/dryers, and portable appliances, to demonstrate that 
they are connected and in working order; and
    (iii) For electrical equipment installed or completed during 
installation, electrical polarity checks must be completed to determine 
that connections have been made properly. Visual verification is an 
acceptable electrical polarity check.
[GRAPHIC] [TIFF OMITTED] TR19OC07.021


[[Page 59391]]


[GRAPHIC] [TIFF OMITTED] TR19OC07.022

Sec.  3285.703  Smoke alarms.

    Smoke alarms must be functionally tested in accordance with 
applicable requirements of the smoke alarm manufacturer instructions 
and must be consistent with Sec.  3280.208 of this chapter.


Sec.  3285.704  Telephone and cable TV.

    Refer to Sec.  3285.906 for considerations pertinent to 
installation of telephone and cable TV.

Subpart I--Exterior and Interior Close-Up


Sec.  3285.801  Exterior close-up.

    (a) Exterior siding and roofing necessary to join all sections of 
the home must be installed according to the product manufacturer 
installation instructions and must be fastened in accordance with 
designs and manufacturer instructions, consistent with Sec. Sec.  
3280.305 and 3280.307 of this chapter. Exterior close-up strips/trim 
must be fastened securely and sealed with exterior sealant (see figure 
A to this section).
    (b) Joints and seams. All joints and seams in exterior wall 
coverings that were disturbed during location of the home must be made 
weatherproof.
    (c) Prior to installing the siding, the polyethylene sheeting 
covering exterior walls for transit must be completely removed.
    (d) Prior to completing the exterior close-up, any holes in the 
roofing must be made weatherproof and sealed with a sealant or other 
material that is suitable for use with the roofing in which the hole is 
made.
    (e) Mate-line gasket. The home manufacturer must provide materials 
and designs for mate-line gaskets or other methods designed to resist 
the entry of air, water, water vapor, insects, and rodents at all mate-
line locations exposed to the exterior (see Figure B to this section).
    (f) Hinged roofs and eaves. Hinged roofs and eaves must be 
completed during installation in compliance with all requirements of 
the Manufactured Home Construction and Safety Standards (24 CFR part 
3280) and the Manufactured Home Procedural and Enforcement Regulations 
(24 CFR part 3282). Unless exempted by the following provisions, hinged 
roofs are also subject to a final inspection for compliance with the 
Manufactured Home Construction and Safety Standards (24 CFR part 3280) 
by the IPIA or a qualified independent inspector acceptable to the 
IPIA. Homes with hinged roofs that are exempted from IPIA inspection 
are instead to be completed and inspected in accordance with the 
Manufactured Home Installation Program (24 CFR part 3286). This 
includes homes:
    (1) That are designed to be located in Wind Zone I;
    (2) In which the pitch of the hinged roof is less than 7:12; and
    (3) In which fuel burning appliance flue penetrations are not above 
the hinge.

[[Page 59392]]

[GRAPHIC] [TIFF OMITTED] TR19OC07.023


    Notes: 
    1. Multi-section homes with horizontal-lap siding can be shipped 
with no siding on the front and rear end walls.
    2. The manufacturer must install doors/windows trimmed with J-
rail or the equivalent and protect all exposed materials not 
designed for exposure to the weather with plastic sheeting for 
transport. Siding, starter trim, and vents may be shipped loose in 
the home for installation on set-up.
    3. All home installers must ensure that all field installed 
trim, windows, doors, and other openings are properly sealed 
according to the siding manufacturer installation instructions.

[GRAPHIC] [TIFF OMITTED] TR19OC07.024


    Note: On multi-section manufactured homes, install the sealer 
gasket on the ceiling, end walls, and floor mate-line prior to 
joining the sections together.

Sec.  3285.802  Structural interconnection of multi-section homes.

    (a) For multi-section homes, structural interconnections along the 
interior and exterior at the mate-line are necessary to join all 
sections of the home.
    (b) Structural interconnection must be designed in accordance with 
the requirements located in Sec.  3280.305 of this chapter to ensure a 
completely integrated structure.

[[Page 59393]]

    (c) Upon completion of the exterior close-up, no gaps are permitted 
between the structural elements being interconnected along the mate-
line of multi-section homes. However, prior to completion of the 
exterior close-up, gaps that do not exceed one inch are permitted 
between structural elements provided:
    (1) The gaps are closed before completion of close-up;
    (2) The home sections are in contact with each other; and
    (3) The mating gasket is providing a proper seal. All such gaps 
must be shimmed with dimensional lumber, and fastener lengths used to 
make connections between the structural elements must be increased to 
provide adequate penetration into the receiving member.


Sec.  3285.803  Interior close-up.

    (a) All shipping blocking, strapping, or bracing must be removed 
from appliances, windows, and doors.
    (b) Interior close up items necessary to join all sections of the 
home or items subject to transportation damage may be packaged or 
shipped with the home for site installation.
    (c) Shipped-loose wall paneling necessary for the joining of all 
sections of the home must be installed by using polyvinyl acetate (PVA) 
adhesive on all framing members and fastened with minimum 1\1/2\ inch 
long staples or nails at 6 inches on center panel edges and 12 inches 
on center in the field, unless alternative fastening methods are 
permitted in the installation instructions (see Figure A to Sec.  
3285.803).
[GRAPHIC] [TIFF OMITTED] TR19OC07.025


    Note: Specific designs must be approved by a DAPIA and included 
in the home manufacturer installation instructions.

Sec.  3285.804  Bottom board repair.

    (a) The bottom board covering must be inspected for any loosening 
or areas that might have been damaged or torn during installation or 
transportation. Any missing insulation is to be replaced prior to 
closure and repair of the bottom board.
    (b) Any splits or tears in the bottom board must be resealed with 
tape or patches in accordance with methods provided in the 
manufacturers installation instructions.
    (c) Plumbing P-traps must be checked to be sure they are well-
insulated and covered.
    (d) All edges of repaired areas must be taped or otherwise sealed.

Subpart J--Optional Information for Manufacturer's Installation 
Instructions


Sec.  3285.901  General.

    The planning and permitting processes, as well as utility 
connection, access, and other requirements, are outside of HUD's 
authority and may be governed by LAHJs. These Model Installation 
Standards do not attempt to comprehensively address such requirements. 
However, HUD recommends that the manufacturer's installation 
instructions include the information and advisories in this Subpart J, 
in order to protect the manufactured home, as constructed in accordance 
with the MHCSS.


Sec.  3285.902  Moving manufactured home to location.

    It is recommended that the installation instructions indicate that 
the LAHJ be informed before moving the manufactured home to the site. 
It is also recommended that the installation instructions indicate that 
the manufactured home is not to be moved to the site until the site is 
prepared in accordance with subpart C of this part and when the 
utilities are available as required by the LAHJ. Examples of related 
areas that might be addressed in the installation instructions for 
meeting this recommendation include:
    (a) Access for the transporter. Before attempting to move a home, 
ensure that

[[Page 59394]]

the transportation equipment and home can be routed to the installation 
site and that all special transportation permits required by the LAHJ 
have been obtained.
    (b) Drainage structures. Ditches and culverts used to drain surface 
runoff meet the requirements of the LAHJ and are considered in the 
overall site preparation.


Sec.  3285.903  Permits, alterations, and on-site structures.

    It is recommended that the installation instructions include the 
following information related to permits, alterations, and on-site 
structures:
    (a) Issuance of permits. All necessary LAHJ fees should be paid and 
permits should be obtained, which may include verification that LAHJ 
requirements regarding encroachments in streets, yards, and courts are 
obeyed and that permissible setback and fire separation distances from 
property lines and public roads are met.
    (b) Alterations. Prior to making any alteration to a home or its 
installation, contact the LAHJ to determine if plan approval and 
permits are required.
    (c) Installation of on-site structures. Each accessory building and 
structure is designed to support all of its own live and dead loads, 
unless the structure, including any attached garage, carport, deck, and 
porch, is to be attached to the manufactured home and is otherwise 
included in the installation instructions or designed by a registered 
professional engineer or registered architect.


Sec.  3285.904  Utility system connections.

    (a) It is recommended that the manufacturer's installation 
instructions indicate the following procedures be used prior to making 
any utility system connection:
    (1) Where an LAHJ and utility services are available, that the LAHJ 
and all utility services each be consulted before connecting the 
manufactured home to any utilities, or
    (2) Where no LAHJ exists and utility services are available, that 
the utilities be consulted before connecting the manufactured home to 
any utility service; or
    (3) In rural areas where no LAHJ or utility services are available, 
that a professional be consulted prior to making any system 
connections.
    (b) Qualified personnel. Only qualified personnel familiar with 
local requirements are permitted to make utility site connections and 
conduct tests.
    (c) Drainage system. The main drain line must be connected to the 
site's sewer hookup, using an elastomeric coupler or by other methods 
acceptable to the LAHJ, as shown in Figure A to this section.
    (d) Fuel supply system.
    (1) Conversion of gas appliances. A service person acceptable to 
the LAHJ must convert the appliance from one type of gas to another, 
following instructions by the manufacturer of each appliance.
    (2) Orifices and regulators. Before making any connections to the 
site supply, the inlet orifices of all gas-burning appliances must be 
checked to ensure they are correctly set up for the type of gas to be 
supplied.
    (3) Connection procedures. Gas-burning appliance vents must be 
inspected to ensure that they are connected to the appliance and that 
roof jacks are properly installed and have not come loose during 
transit.
    (4) Gas appliance start-up procedures. The LAHJ should be consulted 
concerning the following gas appliance startup procedures:
    (i) One at a time, opening equipment shutoff valves, lighting pilot 
lights when provided, and adjusting burners and spark igniters for 
automatic ignition systems, in accordance with each appliance 
manufacturer instructions.
    (ii) Checking the operation of the furnace and water heater 
thermostats.
[GRAPHIC] [TIFF OMITTED] TR19OC07.026


    Note: Fittings in the drainage system that are subject to 
freezing, such as P-traps in the floor, are protected with 
insulation by the manufacturer. Insulation must be replaced if it is 
removed for access to the P-trap.

Sec.  3285.905  Heating oil systems.

    It is recommended that the installation instructions include the 
following information related to heating oil systems, when applicable:
    (a) Homes equipped with oil burning furnaces should have their oil 
supply tank and piping installed and tested on-site, in accordance with 
NFPA 31, Standard for the Installation of Oil Burning Equipment, 2001 
(incorporated by reference, see Sec.  3285.4) or the LAHJ, whichever is 
more stringent.
    (b) The oil burning furnace manufacturer's instructions should be 
consulted for pipe size and installation procedures.
    (c) Oil storage tanks and pipe installations should meet all 
applicable local regulations.
    (d) Tank installation requirements.
    (1) The tank should be located where it is accessible to service 
and supply and where it is safe from fire and other hazards.
    (2) In flood hazard areas, the oil storage tank should be anchored 
and elevated to or above the design flood elevation, or anchored and 
designed to prevent flotation, collapse, or permanent lateral movement 
during the design flood.
    (3) Leak test procedure. Before the system is operated, it should 
be checked for leaks in the tank and supply piping, in accordance with 
NFPA 31, Standard for the Installation of Oil Burning Equipment, 2001 
(incorporated by reference, see Sec.  3285.4) or the requirements of 
the LAHJ, whichever is more stringent.


Sec.  3285.906  Telephone and cable TV.

    It is recommended that the installation instructions explain that

[[Page 59395]]

telephone and cable TV wiring should be installed in accordance with 
requirements of the LAHJ and the National Electrical Code, NFPA No. 70-
2005 (incorporated by reference, see Sec.  3285.4).


Sec.  3285.907  Manufacturer additions to installation instructions.

    A manufacturer may include in its installation instructions items 
that are not required by this chapter as long as the items included by 
the manufacturer are consistent with the Model Installation Standards 
in this part and do not take the manufactured home out of compliance 
with the MHCSS.

    Dated: September 18, 2007.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 07-5004 Filed 10-18-07; 8:45 am]
BILLING CODE 4210-67-P