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HUD also reviewed comments requesting the addition of equivalent tread wear indicators but has not received specific means of determining equivalence and has therefore decided not to include such language in the final rule. In 3282.7, redesignate paragraphs (d) through (nn) as (e) through (oo) and add new paragraph (d) to read as follows: (d) Attached accessory building or structure means any awning, cabana, deck, ramada, storage cabinet, carport, windbreak, garage, or porch for which the attachment of such is designed by the home manufacturer to be Start Printed Page 2526structurally supported by the manufactured home. (ii) Where roof surfaces adjacent to the wall or walls are at different elevations and the higher roof is not more than 30 inches above the lower roof surface, the parapet must not extend less than 30 inches above the lower roof surface. HUD Response: HUD understands that the MHCC continues to provide recommendations that may be more recent than those published in proposed rules, including updates to the referenced ASHRAE Standard 62.2. The commenters explained that closet and pantry doors, unlike a bedroom door, are not considered passage doors. Weights shall be checked with the home in a level position ready for transport. The MHCC membership has included and continues to include representation from at least one individual with manufactured home installer interest. HUD has found the work of nationally recognized testing agencies, having various qualifications, does not impede health and safety protection. (5) Portions of roof assemblies, including, but not limited to, dormers, gables, crickets, hinged roof sections, sheathing, roof coverings, underlayments, flashings, and eaves and overhangs are permitted to be assembled and installed on site in accordance with 24 CFR part 3282, subpart M, provided that the requirements in paragraphs (h)(5)(i) through (v) of this section are met. Each required carbon monoxide alarm installed at the factory must be operationally tested, after conducting the dielectric test specified in 3280.810(a), in accordance with the alarm manufacturer's instructions. HUD Response: HUD disagreed with the comment that the changed language alters the intended life of the chassis. Consequently, small manufacturers would benefit most from this rule's provisions that eliminate the AC process for design and construction of manufactured homes that incorporate innovations that have not yet been codified in HUD's Construction and Safety Standards. The first set of revisions proposed by the MHCC was published as a final rule in the Federal Register on November 30, 2005 (70 FR 72024). The Finding of No Significant Impact will also be available for review in the docket for this rule on Regulations.gov. This commenter's rationale for the recommended change included giving manufacturers more flexibility when trying to balance the smaller form-factor of most homes with consumer demand for multiple stories. The commenter contended that regardless of HUD's differentiation in this case, the manufactured housing Construction and Safety standards should be applied consistently and any manufactured home, whether deemed basic or non-basic be clearly marketed as a manufactured home to avoid customer confusion and an expectation of the product being received. HUD believes the minimum standards established and enforced for these construction options provide benefits to all segments of the industry while protecting consumers' health and safety. This rule is expected to be an Executive Order 13771 regulatory action. Another commenter stated that mating walls are interior walls and should not be treated as exterior walls which require a vapor barrier. One commenter stated that several parts of the proposed rule reference testing, such as American Society for Testing and Materials, Standard Test Methods for Fire Tests of Building Construction and Materials (ASTM E 119), and recommended that these laboratory tests be conducted by ISO/IEC 17025 accredited testing laboratories so as to be assured that the testing results are generated by an entity that has been found to be technically competent by an independent, accreditation body. Another commenter agreed and suggested adding and the required materials after Complete installation instructions. A commenter suggested adding attached garages to the list of exemptions in paragraph (e), given the amount of onsite work required to complete the installation of an attached garage, and as long as the manufacturer is complying with HUD's list of conditions. In fact, HUD's final rule is based primarily on the MHCC's recommendations and integrates some aspects of specific AC letters that have been issued in the past. 5. NFPA 70-2005. The maximum riser height must not exceed 81/4 inches and the minimum tread depth must not be less than 9 inches. (c) Handrails(1) General. Beveling of nosing must not exceed 1/2 inch. The commenter explained that structural add-ons to manufactured homes present a clear safety risk to life and property, and the broad authority given to manufactured housing manufacturers regarding attachments, including car ports, garages, awnings, decks and porches, at the newly proposed 24 CFR part 3282, as well as through the proposed subpart K, should be reconsidered and reevaluated. It is not appropriate for HUD to integrate these changes at the final rule stage. Landings must be located as follows: (1) There must be a floor or landing at the top and bottom of each stairway, except at the top of an interior flight of basement stairs, provided a door does not swing over the stairs. Each document posted on the site includes a link to the These areas may include locations within Opportunity Zones. The revisions described below are based on HUD's review and consideration of the public comments on the proposed rule, HUD's experience with the program, the existent Construction and Standards, and the issues raised in the proposed rule. These commenters stated that paragraphs A and B appear to be a carryover from Interpretive Bulletin J-1-76 and should be updated to the applicable (1) and (2) paragraph numbering format to clarify that the equation requires the sum of the Dead Load and Floor Load calculations. This commenter also suggested changing Y2 to 1/2 inch in paragraph (a)(5). A commenter stated they were unaware of any health-safety risk associated with having multiple bathroom lights controlled by the same switch, HUD has not provided any information to suggest otherwise, and consumers' preference and other building codes or standards support the commenter's position. Some commenters also suggested deleting or removing certain changes proposed by HUD. It is not appropriate for HUD to integrate these changes at the final rule stage. Revise 3280.903 to read as follows: (a) General. This aspect is important to assure that the work completed on site conforms to the design standards, so that the home is completed in accordance with the Construction and Safety Standards, and the home is not taken out of compliance through the work done at the home site. 8. The added term is consistent with the same use in other definitions and is intended to reflect the structure to which the coupling mechanism is mounted. One commenter stated that one of the proposed rule's notable failures is HUD's decision not to include in this proposed rule certain MHCC recommendations due to pending regulations for improving energy efficiency in manufactured homes being prepared by the U.S. Department of Energy (DOE). Furthermore, the proposed 3280.211 requirements would not protect occupants where other sources such as use of portable heating appliances or from misuse of charcoal grills indoors (both reflected in CO incident data) following completion of manufactured housing installation and commissioning. In 3280.305, revise paragraphs (a), (e)(1), (g)(6), and (h)(5) to read as follows: (a) General. A HUD-approved inspection agency . (c) Homes may be designed with a factory-installed host beam (i.e., ledger board) or specific roof truss rail for the attachment of the carport to the exterior wall of the home. Section 3280.11 (b) states, "The label shall be approximately 2 in. These sections, along with 3282.8, discuss load paths, providing conflicting information on where loads should be transferred. [10], These commenters also urged HUD to move forward with the subsequent sets of Standards updates that have been passed by the MHCC but are still pending HUD action. However, this rulemaking brings the Standards in closer alignment to standards imposed for other types of housing. to the courts under 44 U.S.C. (a) When a manufactured home is designed for factory construction with an attached garage or is designed for construction of an attached site-built garage that is not selfsupported, the manufacturer must design the manufactured home to accommodate all appropriate live and dead loads from the attached garage structure that will be transferred through the manufactured home structure to the home's support and anchoring systems. Another commenter stated that the manufacturer should be required to identify the maximum loads applied to the floor system, wall system, roof system and support system. Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at 800-877-8389 (this is a toll-free number). The National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. HUD Response: HUD reviewed comments that include specific text changes and has integrated those comments to the maximum extent deemed necessary to effect the appropriate changes where those changes have not significantly altered the intent as proposed. This standard is available online for review via read-only, electronic access at http://ibr.ansi.org/Standards. NYC Buildings, Recognized Accrediting Bodies, NYC.gov, https://www1.nyc.gov/site/buildings/industry/recognized-accrediting-bodies.page (last visited April 20, 2020). 20. 4. The public comment period for the January 31, 2020, proposed rule closed on March 31, 2020. Another commenter recommended that HUD keep in mind that, on January 14, 2020, several important amendments to Subpart M were advanced by the MHCC's Regulatory Enforcement Subcommittee. The authority citation for part 3280 continues to read as follows: Authority: HUD reviewed the MHCC's proposals and made editorial revisions prior to publishing the January 31, 2020, proposed rule. This standard is used to measure and describe the response of materials, products, or assemblies to heat and flame under controlled conditions, but does not by itself incorporate all factors required for fire hazard or fire risk assessment of the materials, products, or assemblies under actual fire conditions. It must be securely fastened to the manufactured home substructure. HUD clarified that the placement restrictions apply to exhausts of fuel burning appliances and used the defined term habitable rooms in this section. The commenter noted the absence of an explanation in the proposed rule for HUD's prioritization of the included standards for multi-story and zero-lot-line attached manufactured homes, as contrasted with broader and potentially much more economically-significant and beneficial proposed standards for multi-unit/multi-family manufactured homes. The commenter's recommendations continued with: Removing the shear wall requirements for homes designed for Wind Zone II and III installations in favor of manufacturers specifying anchor requirements for uplift forces in Wind Zones II and III as part of the home's DAPIA-approved design, because if the manufacturer and its DAPIA specify these requirements at the design stage, the size of any attached carport would be limited by the load capacity of the anchor system installed in the factory. Unvalued benefits include reduced home damage and injuries from piping water heater relief valves to outside of the home and from the avoided delay during the AC review. HUD should also revisit the fire separation requirements for attached garages. The drawbar must be constructed of sufficient strength, rigidity, and durability to safely withstand those dynamic forces experienced during highway transportation. Given this DOE rulemaking, HUD decided to postpone action on MHCC-proposed revisions to 3280.502 and 3280.506(b), except for the mating wall of attached manufactured homes at 3280.506(b)an option that is needed to avoid a more burdensome alternative approval process (24 CFR 3282.14Alternative construction of manufactured homes). This rule will provide . better and aid in comparing the online edition to the print edition. Subpart K would allow (t)wo or more adjacent manufactured homes that are structurally independent from foundation to roof and with open space on at least two sides. 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. HUD Manufactured Home Procedural and Enforcement Regulations. HUD expects to make changes to the existing recordkeeping items consistent with changes in this final rule and believes that the changes will result in a decrease of burden. HUD agreed with the commenter stating that the proposed rule would require that the manufactured home be designed for the attachment of these site-built structures. Should the commenter wish to pursue requirements for carbon monoxide alarms in all homes, the commenter is encouraged to submit the proposed change to the MHCC for review and deliberation by the Committee. They require air gaps when directing into additional piping. The HUD-Code is periodically updated . All such meetings are published in the Federal Register at least 30 days in advance of meetings. Of the 222 firms included under this NAICS definition, approximately 35 produce manufactured homes subject to HUD's Manufactured Housing Construction and Safety Standards. However, the standards and regulations established through this rulemaking do apply to the design and construction of the manufactured home, when the home is designed to have an attached accessory structure, such as the garage, carport, or similar add-on. The radius of curvature at the leading edge of the tread must not be greater than 9/16 inch. It is critical that HUD address each of the revisions already recommended by the MHCC and act on future MHCC recommendations within the timeframe allowed by Congress, not later than 12 months after the date on which a standard is submitted to the Secretary by the MHCC.. A commenter suggested clarifying the definition of indirect waste receptor, a new term being introduced to the Standards. These proposed changes to regulatory text included separating 3280.1003 into two paragraphsparagraph (a) for two attached manufactured homes and paragraph (b) for three or more attached manufactured homes. Some commenters supported reevaluating Subpart K for a single structure with two dwellings but did not propose alternative regulatory text. (6) Bottom board material (with or without patches) must meet or exceed the level of 48 inch-pounds of puncture resistance as tested by the Beach Puncture Test in accordance with Standard Test Methods for Puncture and Stiffness of Paperboard, and Corrugated and Solid Fiberboard, ASTM D781-1968 (Reapproved 1973) (incorporated by reference, see 3280.4). One commenter noted that the MHCC made this recommendation in 2009 and HUD should have adopted it some time ago. The HUD and mobile/manufactured homes According to the HUD mobile homes are homes built before 5 June 1976 when the Federal National Mfd. This standard defines the roles of and minimum requirements for mechanical and natural ventilation systems and the building envelope intended to provide acceptable indoor air quality in low-rise residential buildings. The revision and additions read as follows: (a) The specifications, standards, and codes of the following organizations are incorporated by reference in 24 CFR part 3280 (this Standard) pursuant to 5 U.S.C.

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