Code of Massachusetts Regulations › 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS › Chapter 110 - Special Regulations › Section 780 CMR 110.R3 - MANUFACTURED BUILDINGS, BUILDING COMPONENTS AND MOBILE HOMES

Current through Register 1525, July 5, 2024
(
Note: 780 CMR 110.R3 is unique to
				Massachusetts
)
PART I
-GENERAL
110.R3.1
ADMINISTRATION
110.R3.1.1
Title
. The BBRS,
			 Massachusetts Board of Fire Prevention Regulations, Massachusetts Board of
			 State Examiners of Electricians, and the Massachusetts Board of State Examiners
			 of Plumbers and Gas Fitters adopt the Rules and Regulations for Manufactured
			 Buildings, Manufactured Building Components and Manufactured Homes as 780 CMR
			 110.R3.
110.R3.1.2
Definitions
. Unless otherwise expressly stated in 780 CMR the
			 following terms shall, for the purpose of 780 CMR 110.R3, have the meaning
			 indicated in 780 CMR 110.R3.1.2.
APPROVAL
. Approval by the State Board of Building
				Regulations and Standards (BBRS).
BUILDING SYSTEM
. Plans, specifications and
				documentation for a system of manufactured buildings or for a type or a system
				of manufactured building components, which may include structural, electrical,
				mechanical, plumbing and fire protection systems and other systems affecting
				health and safety, including variations which are submitted as part of the
				building system.
CERTIFICATION
. Any manufactured building,
				manufactured building component or manufactured home which meets the provisions
				of the applicable Codes and Rules and Regulations; and which has been labeled
				accordingly.
CODE
. 780 CMR or Specialized Codes as
				defined.
DEALER OF MODULAR HOMES
. (For purposes of this
				definition, a modular home is a single or multiple, single-family residential
				manufactured building.) Any individual, organization or firm engaged in the
				retail selling, or offering for sale, brokering, or distribution of modular
				homes, primarily to a person who in good faith, purchases or leases such home
				for purposes other than resale. Such individual, organization or firm shall be
				registered with the Board of Building Regulations and Standards in accordance
				with policies established therefore.
DEPARTMENT - DPS
. The Department of Public Safety,
				Division of Inspections.
INSPECTION AGENCY
. Independent agency, sometimes
				referred to as "third-party agency," retained by the manufacturer and approved
				by BBRS to perform inspections and evaluations of building systems, compliance
				assurance programs, manufactured buildings, and manufactured building
				components.
INSTALLATION
. The process of affixing, or
				assembling and affixing a manufactured building, manufactured building
				component or manufactured home on the building site, and connecting it to
				utilities, and/or to an existing building. Installation may also mean the
				connecting of two or more manufactured housing units designed and approved to
				be so connected for use as a dwelling.
INSTALLER OF MANUFACTURED BUILDINGS
. An individual
				who, on the basis of training and experience, has been certified by a specific
				manufacturer of manufactured homes as competent to supervise the placement and
				connection required to install the manufactured homes of that manufacturer.
				Said certification by the manufacturer shall be in writing; additionally, the
				certified installer shall possess picture identification in the form of a
				driver's license or other picture identification acceptable to the building
				official in accordance with the
International Building Code
				2009
with Massachusetts Amendments.
LABEL
. An approved device or seal evidencing
				certification in accordance with the applicable Codes and Rules and
				Regulations.
LOCAL ENFORCEMENT AGENCY
. A department or agency
				in a municipality charged with the enforcement of 780 CMR and appropriate
				specialized codes which include, but are not limited to, the Board of State
				Examiners of Plumbers and Gas Fitters regulations at 248 CMR and
				527
				CMR 12.00:
2008 Massachusetts Electrical
				Code
(Amendments).
MANUFACTURED BUILDING
. Any manufactured building
				which has concealed elements, such as electrical, mechanical, plumbing, fire
				protection, insulation, and other systems affecting health and safety, and
				which is manufactured or assembled in accordance with 780 CMR and pertinent
				regulations, in manufacturing facilities, on or off the building site. Also,
				any manufactured building as defined above which does not have concealed
				elements, but which has been approved by the BBRS at the request of the
				manufacturer. "Manufactured building" does not mean "manufactured home".
MANUFACTURED BUILDING COMPONENT
. Any manufactured
				subsystem, manufactured subassembly, or other system designed for use in or as
				part of a structure having concealed elements such as electrical, mechanical,
				plumbing and fire protection systems and other systems affecting health and
				safety.
MANUFACTURED HOMES (Housing)
. As defined in 24
				CFR, Part 3280.2; a structure, transportable in one or more sections, which in
				the traveling mode, is eight body feet or more in width or forty body feet or
				more in length, or, 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 therein. Calculations used to determine the number of square feet in
				a structure 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. (
See
24 CFR,
				Part 3280.2 for a more detailed description of manufactured homes as defined by
				the Department of Housing and Urban Development.)
RECERTIFIED MANUFACTURED BUILDING
. Any
				manufactured building as defined in 780 CMR 110.R3 that was previously designed
				and constructed to conform with requirements of a particular use group or
				groups for use at a site and that subsequently is to be relocated to a
				different site. Such buildings, also known as relocatable units, shall be
				inspected by the responsible third-party inspection agency and recertified in
				accordance with 780 CMR and 110.R3 as applicable to ensure compliance with the
				new use group or groups if such use group or groups has changed or to
				requirements of the original use group or groups if not changed prior to being
				set at the new location.
SPECIALIZED CODE
. All building codes, rules or
				regulations pertaining to building construction, reconstruction, alteration,
				repair or demolition promulgated by and under the authority of the various
				agencies which have been authorized from time to time by the General Court of
				the Commonwealth of Massachusetts. The specialized codes shall include, but not
				be limited to, the Board of State Examiners of Plumbers and Gas Fitters
				regulations at 248 CMR and
				527
				CMR 12.00:
2008 Massachusetts Electrical
				Code
(Amendments).
STATE ADMINISTRATIVE AGENCIES
. Boards,
				commissions, departments or agencies authorized to promulgate, adopt and amend
				codes and rules and regulations relating to buildings and structures and parts
				thereof and limited to the BBRS, Massachusetts Board of Fire Prevention
				Regulations, Massachusetts State Examiners of Electricians, and the
				Massachusetts Board of State Examiners of Plumbers and Gas Fitters.
STATE ENFORCEMENT AGENCIES
. Boards, commissions,
				departments or agencies authorized to enforce the provisions of the codes and
				rules and regulations which have been promulgated, adopted and amended and
				which relate to buildings or structures and parts thereof and limited to the
				Department of Public Safety, Massachusetts Board of State Examiners of Plumbers
				and Gas Fitters, and the Massachusetts State Examiners of
				Electricians.
110.R3.1.3
Scope
.
1. 780 CMR 110.R3 shall
			 govern the design, manufacture, handling, storage, transportation and
			 installation of manufactured buildings, and manufactured building components
			 intended for installation in Massachusetts and/or manufactured in Massachusetts
			 for shipment to any other state in which such building, building components, or
			 manufactured homes and the labels thereon are accepted.
2. The Federal Manufactured Home Construction
			 and Safety Standards promulgated by the Department of Housing and Urban
			 Development govern the design, manufacture, handling, storage and
			 transportation of manufactured homes for installation in this state.
3. Subject to local zoning ordinances and
			 by-laws, manufactured buildings, manufactured building components or
			 manufactured homes may be sold for, delivered to, or installed on, building
			 sites located in any jurisdiction of Massachusetts if such buildings, building
			 components or manufactured homes have been approved and certified pursuant to
			 the applicable Codes and 780 CMR 110.R3.
110.R3.1.4
Administration and
			 Enforcement
. The BBRS and the State Enforcement Agencies shall enforce
			 all provisions of 780 CMR 110.R3. The State Enforcement Agencies and the Local
			 Enforcement Agencies shall have the responsibility for evaluating building
			 systems and performing inspections of manufactured buildings and manufactured
			 building components to enforce compliance with 780 CMR 110.R3 and the
			 applicable codes. The State Enforcement Agencies and the local enforcement
			 agencies shall deem acceptable manufactured buildings, manufactured building
			 components, building systems and compliance assurance programs labeled and
			 certified by inspection agencies approved by the BBRS and those manufactured
			 homes certified as in conformance with the Federal standards by the application
			 of the applicable required HUD label.
110.R3.1.5
Authorization of Third-party
			 Inspections
. Upon recommendation of the State Enforcement Agencies, the
			 BBRS may authorize inspection agencies, sometimes referred to as third party
			 inspection agencies, to perform all or part of the inspection and certification
			 of manufactured buildings and manufactured building components, building
			 systems and compliance assurance programs, including either or both the
			 issuance and the attachment of labels thereto. The BBRS may suspend or revoke
			 such authorization for cause.
110.R3.1.6
Approvals and
			 Compliance
. Upon the recommendation of the State Enforcement Agencies,
			 the BBRS may approve building systems and compliance assurance programs which
			 comply with the codes, standards, specifications, requirements and 780 CMR
			 110.R3.
110.R3.1.7
Time of
			 Manufacture
. For purposes of 780 CMR 110.R3, a manufactured building,
			 manufactured building component or manufactured home is deemed to be
			 manufactured at such time as the label as described in 780 CMR 110.R3 is duly
			 issued label is attached to it in accordance with the approved compliance
			 assurance program.
110.R3.1.8
Retroactive Changes
. No changes in the codes, standards,
			 specifications and requirements of 780 CMR 110.R3 shall apply
			 retroactively.
110.R3.1.9
Amendments
. The State Administrative Agencies shall notify the
			 BBRS, and the BBRS shall notify all interested parties including State
			 Enforcement Agencies, inspection agencies, manufacturers with approved building
			 systems, and local governmental jurisdictions of all amendments to 780 CMR
			 110.R3, and each manufacturer shall have no more than 180 days following the
			 sending of notification to submit to the BBRS compliance assurance program
			 revisions in order to comply with such amendments. Where imminent danger to
			 life safety is involved, the State Administrative Agencies may require that
			 immediate effect be given such amendments to the codes, standards,
			 specifications and requirements so adopted.