Federal Register: July 13, 2010 (Volume 75, Number 133)
DOCID: fr13jy10-24 FR Doc 2010-16724
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing and Urban Development Department
CFR Citation: 24 CFR Part 3280
Docket ID: [Docket No. FR-5221-P-01]
RIN ID: RIN 2502-AI71
NOTICE: PROPOSED RULES
DOCUMENT ACTION: Proposed rule.
Manufactured Home Construction and Safety Standards
DATES: Comment Due Date: September 13, 2010.
This proposed rule would amend the Federal Manufactured Home Construction and Safety Standards by adopting certain recommendations made to HUD by the Manufactured Housing Consensus Committee (MHCC). The National Manufactured Housing Construction and Safety Standards Act of 1974 (the Act) requires HUD to publish in the Federal Register all proposed revised construction and safety standards (Construction and Safety Standards, or Standards) submitted by the MHCC. The MHCC has prepared and submitted to HUD its second group of recommendations to improve various aspects of the Construction and Safety Standards. HUD has reviewed those proposals and has made several editorial revisions to the proposals, and those revisions have been reviewed and accepted by the MHCC.
Manufactured Home Construction and Safety Standards
The National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 54015426) (the Act) authorizes HUD to establish and amend the Federal Manufactured Home Construction and Safety Standards (the Construction and Safety Standards, or Standards) codified in 24 CFR part 3280. The Act was amended in 2000 by the Manufactured Housing Improvement Act of 2000 (Pub. L. 106569), by expanding its purposes and creating the Manufactured Housing Consensus Committee (MHCC).
As amended, the purposes of the Act (enumerated at 42 U.S.C. 5401) are: ``(1) to protect the quality, durability, safety, and affordability of manufactured homes; (2) to facilitate the availability of affordable manufactured homes and to increase homeownership for all Americans; (3) to provide for the establishment of practical, uniform, and, to the extent possible, performancebased Federal construction standards for manufactured homes; (4) to encourage innovative and cost effective construction techniques for manufactured homes; (5) to protect residents of manufactured homes with respect to personal injuries and the amount of insurance costs and property damages in manufactured housing consistent with the other purposes of this section; (6) to establish a balanced consensus process for the development, revision, and interpretation of Federal construction and safety standards for manufactured homes and related regulations for the enforcement of such standards; (7) to ensure uniform and effective enforcement of Federal construction and safety standards for manufactured homes; and (8) to ensure that the public interest in, and need for, affordable manufactured housing is duly considered in all determinations relating to the Federal standards and their enforcement.''
In addition, the amended Act generally requires HUD to establish Construction and Safety Standards that are reasonable and practical, meet high standards of protection, are performancebased, and are objectively stated. Congress specifically established the MHCC to develop proposed revisions to the Construction and Safety Standards. The Act provides specific procedures (42 U.S.C. 5403) for the MHCC process.
After the passage of amendments to the Act in 2000, HUD, in accordance with the mandate of the Act, issued a request for proposals to interested organizations to be the ``Administering Organization'' that would serve as secretariat to the MHCC and therefore support the Construction and Safety Standards development process. After evaluating the bids received, HUD selected the National Fire Protection Association (NFPA) to be the MHCC's Administering Organization. Thereafter, NFPA assisted HUD in selecting the 21 voting members provided for by statute for appointment to the MHCC, seven in each of the following three statutory categories: Producers, Users, and General Interest and Public Officials. The Act also provides for one nonvoting member to represent HUD.
The MHCC held its first meeting in August 2002 and began work on reviewing possible revisions to the Construction and Safety Standards. The MHCC developed its own priorities for preparing proposed revisions for HUD to consider. As the MHCC proceeded, proposed revisions to the Construction and Safety Standards were divided into sets. On November 30, 2005, at 70 FR 72024, HUD published a final rule to amend various sections of the Construction and Safety Standards that was based on the first set of revisions the MHCC had proposed. This proposed rule is based on the second set of MHCC proposals to revise the Construction and Safety Standards. The MHCC proposals and recommendations can be viewed using the following link: http://www.nfpa.org/assets/files/PDF/ CodesStandards/MHCCHUD/MHCCPart2ChangesShown1105.pdf.
HUD has reviewed those proposals and has made certain editorial revisions. HUD believes this proposed rule represents revisions that HUD and the MHCC have agreed upon.
II. Proposed Changes
The proposed rule would revise the following sections of the Construction and Safety Standards and also revise the incorporated reference standards, where indicated. Most of the proposed changes would codify existing building practices or conform HUD standards to HUD interpretive bulletins or existing building codes. As noted elsewhere in this preamble, HUD has identified only two standards in this proposed rule that would have an economic impact on the production costs of manufactured homes: The requirement that shower and bath valves use antiscald mixing valves, and the increase in minimum insulation levels for crossunder ducts. HUD is requesting comment, however, on whether any of the other proposed changes would have an economic impact or impose additional costs on the production of manufactured housing and specifically seeks comments on the analysis supporting this proposed rule and on the assumptions used.
The following is a discussion of the specific revisions to the Construction and Safety Standards that are proposed by this rule. A. Incorporation by Reference
The proposed rule would amend Sec. 3280.4, by allowing the manufacturer to select which reference standard to incorporate into its designs and construction, where two or more reference standards are incorporated by reference for the same application or requirement. The existing practice is that if more than one reference standard exists, manufacturers must comply with the most restrictive aspects of each standard in their designs and construction. While this change reflects a relaxation of current requirements, by providing manufacturers with more flexibility in selecting materials, components, etc., to utilize in their production of homes, it is not actually a significant change. Currently, the areas in which there are duplicate reference standards are very few and, for those that do exist, HUD believes the degree of differences in performance and safety between the reference standards (i.e., the restrictive and less restrictive) are not significant. However, the Department is specifically interested in receiving comments from the public as to whether the use of any of the duplicate reference standards for materials or equipment would result in reduced safety or performance levels for manufactured home occupants. B. Planning Considerations
The proposed rule would amend Sec. 3280.105(a)(2), by clarifying the method to be used when measuring the travel distance from the bedroom door to an exit door, a distance that must not exceed 35 feet. The proposed rule would clarify how the natural and unobstructed path is to be measured from the center of the bedroom door to the center of the exit door. Currently, there is no standardized method for making the travel distance measurement identified in the Standards. This proposed change would codify the method that is currently being used by manufacturers to make the 35foot measurement to determine compliance with the Standards.
The proposed rule would also amend the provisions for exit facilities/exit doors in Sec. 3280.105(b), by permitting door seals to reduce the minimum required exterior door opening by one inch. This proposed change would not change current construction requirements for exterior passage doors. Rather, it would codify an existing practice that has been previously permitted under Interpretative Bulletin B1 76.
The proposed rule would make editorial revisions and amend the provisions for toilet requirements in Sec. 3280.111, by adding an additional minimum clearance dimension from the centerline of a toilet to any adjacent wall of at least 15 inches. This proposed revision is consistent with current design practice in manufactured homes and is consistent with the requirements in residential building codes as well.
The proposed rule would modify and expand current Sec. 3280.113, that sets requirements as to where safety glazing materials are to be located and how they are to be tested to determine if they can be considered safety glazing materials. The rule would also make the existing requirements for location and testing of safety glazing materials consistent with other model building codes and residential construction practices. Under the proposed revisions, safety glazing materials would be considered to be any glazing material capable of meeting the requirements of the Consumer Product Safety Commission (CPSC) or the Safety Performance Specifications and Methods of Test in ANSI Z97.11984.
C. Fire Safety
The proposed rule would add an alternative means of complying with the kitchen cabinet protection requirements in Sec. 3280.204, by allowing the metal hood, \5/16\inch gypsum board, and \3/8\inch air space required by this section to be omitted when a microwave oven certified as conforming to Underwriters Laboratories Standard UL 923 2002 is installed between the cabinet and the range. Since the microwave oven would protect only combustible kitchen cabinet materials over the cooking range, all exposed surfaces along the bottom and sides of the cabinet would still be required to be protected by at least \5/ 16\inch gypsum board or the equivalent, in accordance with paragraph (a) of this section.
The proposed rule would also add and expand upon fire safety and
performance requirements for all types of thermal insulating materials
under proposed new section Sec. 3280.207, Requirements for Thermal
Insulating Materials. This is consistent with the requirements for evaluation of fire performance characteristics of
insulating materials used in residential building codes. HUD's existing regulation requires evaluation of fire performance characteristics of foam plastic insulating materials. Because thermal insulation materials used in manufactured homes are the same type of insulation materials used in residential building codes, they would already comply with the fire resistive properties being recommended by this proposed rule. D. Body and Frame Requirements
The proposed rule would amend Sec. 3280.305(c)(1)(i) by clarifying that the net uplift roof load must not be reduced by the dead load of the roof structure for the purposes of preparing engineering calculations or in performing structural load testing. This proposed change for roof uplift design would make no change to current engineering design practices. Rather, it would merely codify the current practices permitted under Interpretative Bulletin D476.
The proposed rule would make editorial revisions and also clarify existing provisions in Sec. 3280.305(c) that address areas where state or local building codes requirements exceed the provisions for design roof loads and wind loads required by the Standards. For consideration of state or local requirements for wind loads, the proposed rule would clarify that wind mapping data or records would need to indicate that higher design loads are necessary. The proposed rule would also change the title of each section to Consideration of Local Requirements.
The proposed rule would modify the existing requirements for
control of formaldehyde emissions in Sec. 3280.308, by lowering the
maximum emission levels (as measured in the air chamber test specified
in Sec. 3280.406) for particleboard materials used in flooring
applications from 0.3 parts per million (ppm) to 0.2 ppm; by limiting
formaldehyde emissions from other uses of particleboard materials to
0.3 ppm; and by adding new formaldehyde emission controls for medium
density fiberboard materials (MDF) of 0.3 ppm. These changes recommended by the MHCC, which are available online at
www.regulations.gov, would be consistent with formaldehyde emission requirements in prior voluntary consensus standards for particleboard (ANSIA208.11999) and MDF (ANSI A208.22004) and would require no change in existing technology for either product to achieve the proposed reduced formaldehyde levels or to meet the new requirements. However, the current national voluntary consensus standards for particleboard (ANSI A208.12009) and MDF (ANSI A208.22009) further reduces formaldehyde emission limits from those levels being proposed by HUD and were recently revised to harmonize with the formaldehyde emission standards established by the California Air Resource Board's Airborne Toxic Control Measure (CARB ACTM). The CARB ATCM standard for formaldehyde emissions for particleboard is 0.18ppm, but will become 0.09ppm on January 1, 2011. The CARB ATCM standard for MDF is currently 0.21ppm, but will become 0.11ppm for regular MDF on January 1, 2011, and 0.13ppm for thin MDF on January 1, 2012. The Environmental Protection Agency (EPA) is also currently investigating formaldehyde emissions from pressed wood products, including particleboard and MDF. Under a petition filed under the Toxic Substances Control Act,\1\ EPA is being asked to extend the CARB ACTM formaldehyde emission limits nationally and to apply those limits to manufactured housing.\2\ HUD is seeking comments from the public on whether the CARB ACTM and voluntary consensus standards limits for formaldehyde emissions from particleboard and MDF products should be the subject of future rulemaking.
\1\ See, Formaldehyde Emissions from Composite Wood Products; Disposition of TSCA Section 21 Petition, 73 FR 36504 (June 27, 2008).
\2\ See, Formaldehyde Emissions from Pressed Wood Products, Advance Notice of Proposed Rulemaking and Notice of Public Meetings, 73 FR 73620 (December 3, 2008).
A conforming amendment would be made to Sec. 3280.403, for the testing of skylights consistent with the revisions to Sec. 3280.305(c)(3)(iv) of the Construction and Safety Standards published in the Federal Register on November 30, 2005. The conforming amendment provides for skylights to be certified as complying with the AAMA/WDMA Voluntary Specifications for Skylights.
Section 3280.404(c)(2) of the proposed rule would prohibit any window that requires the removal of a sash to meet the egress size provisions of the Manufactured Home Construction and Safety Standards from being classified as an egress window. This proposed change would enhance egress and occupant safety in the event of an emergency. F. Subpart F
The proposed rule would add new section Sec. 3280.504(c) to allow the use of liquidapplied vapor retarders, so long as a nationally recognized testing agency has approved its use on the specific substrate to which it is to be applied. This addition would codify the current practice of accepting liquidapplied vapor retarders as an alternative to other conventional vapor retarder materials required by this section.
Section 3280.506(c) would be revised to clarify that interior mounted storm window frames must be sealed in Thermal Uo Value Zone 3. This would reduce air infiltration and heat loss for interiormounted type storm windows and improve overall energy efficiency for manufactured homes designed to be located in the most restrictive climatic regions of the country.
Section 3280.509(c) would be amended by replacing the graph for determining the effective R values of compressed insulation with a table that allows for more precisely determining the effects on R values of nonuniform and uniform insulation compression for batt and blown insulation. This proposal would provide a more accurate method for determining effective R value requirements when insulation is compressed or used in sloping roof cavities and would result in more accurate projections of heat loss and heat gain for manufactured homes than would be determined by the current graphical method.
The proposed rule would amend Sec. 3280.510(c), by eliminating the requirement to determine and report the optimal outdoor winter certification temperature for operating economy and energy conservation on the heating certificate. The requirement is being eliminated because this information has been found to be too technical and is not a basis often relied upon by consumers in determining sites for installing their homes.
However, in view of the renewed interest in improving energy conservation, HUD is requesting comments from the public regarding any other information that could be provided on the heating certificate that could be more useful to consumers in this regard. In addition, the information on the comfort cooling certificates required by this section would be amended to refer to the 1997 edition of the ASHRAE Handbook of Fundamentals.
G. Plumbing Systems
The proposed rule would make a conforming amendment to Sec.
3280.603(a)(2) on water conservation to limit each water closet to 1.6
gallons of water per flush. Section 3280.607(b)(2)(iii) was amended in
the final rule published in the Federal Register on November 30, 2005, by
requiring all water closets to be low consumption (1.6 gallons per flush) closets. This conforming amendment would conserve water and help assure the continued availability of adequate water supplies, as well as reduce wastewater flows.
The proposed rule would amend Sec. 3280.603(b)(4), by adding a requirement that the installation instructions required by Sec. 3280.306(b)(4) include a statement that any heat tape or pipe heating cable used be listed for use in manufactured homes. The proposed rule would further amend this section with regard to the requirements for the receptacle outlet for connection of the heat tape or pipe heating cable to conform with the amended provisions of Sec. 3280.806(d).
The proposed rule would amend the table in 3280.604(b)(2), by incorporating standards for the installation of crosslinked polyethylene (PEX) plastic cold and hot water systems. This proposal would permit the use of PEX plastic piping as an alternate piping material to other materials that may currently be used to supply hot and cold water systems.
A new provision would be added in Sec. 3280.607(b)(v) to require
that shower, bath, and tubshower combination valves be either balanced
pressure, thermostatic, or a combination of mixing valves that conforms
to the requirements of ASSE 10161996, Performance Requirements for
Individual Thermostatic PressureBalancing and Combination Control for
Bathing Facilities. These valves would be required to have handle
position stops that are adjustable to a maximum setting of 120 [deg]F
to prevent scalding and burn injuries to occupants from very hot water.
This proposed change would reduce the number of injuries and deaths
resulting from tap water scald burns. Further, the Centers for Disease
Control (CDC) and other organizations report that a majority of scald
burn victims are young children whose injuries may have been prevented
by the use of an antiscald valve.\3\ In addition, this proposed change
would be consistent with International Residential Code requirements for Single and Two Family Dwellings.
\3\ Centers for Disease Control and Prevention and U.S. Department of Housing and Urban Development. Healthy Housing Reference Manual, Atlanta: U.S. Department of Health and Human Services, 2006.
The proposed rule would amend Sec. 3280.607(b)(5)(ii) for the standpipe height required for laundry tubs from 30 inches to 42 inches above its trap and would require the standpipe to terminate in an accessible location no lower than the top of the clothes washing machine. This increase in standpipe height would be consistent with the International Residential Code requirements for Single and Two Family Dwellings and would prevent backflow and improve operation of clothes washers installed in manufactured homes.
The proposed rule would amend Sec. 3280.609(a)(2), by allowing a two or three compartment sink, up to three individual sinks or up to three lavatories to be connected to one ``P'' trap, to be considered as a single fixture for the purposes of drainage and ventilation under certain circumstances. This proposal would allow more fixtures to be connected to one ``P'' trap than is currently permitted by the Standards and would be consistent with other residential model plumbing codes for similar three fixture configurations.
The proposed rule would amend Sec. 3280.610(e), by permitting fixture drains that serve only a single lavatory fixture to be 1\1/4\ inches in diameter. This proposed reduction in drain size for a single lavatory is not significant and would provide adequate drainage flow and venting for individual lavatory fixtures.
The proposed rule would amend the existing requirements for anti siphon trap vent devices in Sec. 3280.611(d), by redefining these devices as mechanical vents (see Sec. 3280.602) and by expanding the requirements to also include gravityoperated mechanical vents (also known as air admittance valves). This proposal would allow manufacturers to use either type of mechanical vent (antisiphon vent or air admittance valve) for venting of certain plumbing fixtures. The current standard allows the use of antisiphon type vents only. In addition, paragraph (f) of this section would be expanded to permit vent terminals either through wall extensions or into mechanical vent devices.
H. Heating, Cooling, and Fuel Burning Systems
The proposed rule would amend Sec. 3280.705(b), by allowing the use of corrugated stainless steel tubing (CSST) systems for use in gas piping systems. The inclusion of CSST piping as a permissible alternate gas piping/tubing material is currently permitted to be used in all other residential construction as a gas piping system by the model codes and state and local building codes. The proposed rule would require that CSST gas piping be installed in accordance with the requirements of ANSI/IAS LC11997, Gas Piping Systems Using Corrugated Stainless Steel Tubing. In addition, a table for sizing CSST systems would be added in Sec. 3280.705(d). Paragraph (h) of this section would also be amended by permitting CSST to be run inside walls, floors, partitions, and roofs under specified conditions.
Sections 3280.707(a) and (d) and 3280.714(a) would amend the energy efficiency and energy conservation requirements for comfort heating systems, water heaters, and cooling appliances so that they comply with the provisions of the National Appliance Energy Conservation Act of 1987, the current applicable requirements for these appliances.
Section 3280.715 would be amended by eliminating the use of Class 2 ducts and by deleting their definition from Sec. 3280.703; by requiring manufacturers instructions to indicate that crossover ducts are not to be in contact with the ground and must be properly supported; and by requiring air supply crossover ducts in all Thermal Zones to have a minimal thermal resistance of R8, unless installed in a basement. The proposed change to eliminate the use of Class 2 air handling ducts is consistent with the requirements of the International Residential Code for One and Two Family Dwellings, and would improve the fire safety and performance of air handling ducts by requiring the use of Class 0 or 1 ducts, which are more fire resistive than Class 2 ducts. In addition, HUD believes that Class 2 ducts are no longer being used in the production of manufactured homes. The proposal to increase the thermal resistance for crossover ducts would reduce heat loss and improve the energy efficiency of crossover ducts between sections of multisection manufactured homes.
I. Electrical Systems
The proposed rule would amend Sec. 3280.803 by indicating that a 1 \1/4\inch maximum continuous raceway is to be used when installing a power supply cord within the wall from the bottom of the distribution panel to the underside of the floor. This proposed change and clarification is consistent with the current requirements of the National Electrical Code (NEC), NFPA 702005, which is currently incorporated by reference in the Manufactured Home Construction and Safety Standards. In addition, the requirements for installing service equipment in or on the home would be revised in paragraph (k)(3) of this section by referencing the appropriate articles of the NEC, NFPA 702005.
Section 3280.804(f) would be amended to require the distribution panelboard to be located in an
accessible location and not located in a bathroom or clothes closet. This revision is consistent with requirements for acceptable locations for electrical distribution panels in residential model codes and the NEC.
The proposed rule would amend Sec. 3280.805, by requiring all countertop outlets in the kitchen to be supplied by not less than two of the small appliance branch circuits. However, one or more of the small appliance branch circuits may also supply other receptacle outlets in the kitchen, pantry, dining room, and breakfast room. In addition, the proposed rule would amend paragraph (a)(3)(vi) of this section, by requiring that bathroom receptacle outlets be supplied by at least one 20 ampere branch circuit. While such circuits can have no other outlets, it is permissible to place the outlet for a heat tape or pipe heating cable on a bathroom circuit, provided that all of the bathroom outlets are on the load side of the ground fault circuit interrupter. These proposed changes would be consistent with the requirements in residential model codes and the NEC.
Section 3280.806(d) would be amended by not including receptacle
outlets in the floor that are 18 inches or more from the wall as part
of the required receptacle outlets for the room; by permitting the heat
tape or pipe heating cable outlet to be on the bathroom circuit,
provided that all bathroom outlets are on the load side of the ground
fault circuit interrupter; and by requiring receptacles in any
countertop to not be in a faceup position. These proposed changes
would be consistent with the requirements in residential model codes and the NEC.
J. Revisions to Standards Incorporated by Reference (Reference Standards)
The following is a list of the standards incorporated by reference
that would be revised by this proposed rule. Each reference standard is
preceded with an indicator to identify the type of change being made. A
new reference standard being added is indicated by the designation
``N,'' while a reference standard being updated is indicated by the
designation ``U.'' The sections of the Construction and Safety
Standards that would be amended by each modification are also shown on
the right of each reference standard being added or updated.
NAAMA/WDMA 1600 I.S.7..................... 2000 Voluntary Specifications for 3280.403(b)
UANSI Z21.23.............................. 1993 Gas Appliance Thermostats.......... 3280.703
NANSI A208.2.............................. 1999 Medium Density Fiberboard.......... 3280.304(b)
NANSI/IAS LC1............................ 1997 Gas Piping Systems Using Corrugated 3280.705(b)
Stainless Steel Tubing.
UAPA S 812R............................... 1998 Design and Fabrication of Glued 3280.304(b)
Plywood Lumber Beams PDS
In some situations, manufactured housing units which are subject to
HUD's Manufactured Home Construction and Safety Standards may be
provided through a program or activity that receives federal financial
assistance from HUD. When this is the case, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and HUD's
implementing regulations at 24 CFR part 8 would be applicable,
including the requirements at 24 CFR 8.22 that address accessibility in
new construction. However, these requirements are not applicable to any
individual or buyer that obtains Federal Housing Administration
financing when purchasing a manufactured housing unit. When working
with a recipient of HUD funds, manufacturers must be prepared to
produce manufactured housing units that meet the accessibility
standards provided in 24 CFR part 8. There regulations currently incorporate
the Uniform Federal Accessibility Standards (UFAS) (see 24 CFR 8.32). III. Findings and Certifications
Regulatory Planning and Review
The Office of Management and Budget (OMB) reviewed this rule under Executive Order 12866, Regulatory Planning and Review. This rule has been determined to be 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).
As the preamble highlights, this rule proposes to amend several construction and safety standards under the National Manufactured Housing and Construction and Safety Standards Act of 1974. However, most of the proposed changes would codify existing practices or conform HUD standards to existing building codes. Only two standards included in this rule would have an impact on the production cost of manufactured homes: the requirement that shower and bath valves use antiscald mixing valves, and the increase in minimum insulation levels for crossunder ducts.
Currently, producers of manufactured housing may use nonpressure balanced mixing valves in bathtubs and showers. The cost of non pressure balanced mixing value generally totals $30 per valve. If this proposed requirement is adopted in the final rule, the perunit cost to producers to purchase pressure balanced/antiscald mixing valve would be $55, or an increase of $25 per valve. The average number of mixing valves is one per singlesection home and two per multisection home. Thus, the cost is $25 per singlesection home and $50 per multisection home.
The number of placements annually since 1999 and the projected annualized aggregate placements from January 2009 through August 2009 have decreased considerably. This trend continues through the latest data, which indicates that the annual rate of placements through August 2009 was 58,100. Of these, 20,900 were singlesection homes, 36,000 were double section homes, and the remaining 1,200 had more than two sections. Although this trend is expected to continue, so that annual placements continue to decrease, this analysis assumes annual production of 58,100. In addition, this analysis assumes that the cost of requiring the use of an antiscald valve at the point of production of the home is less than installation at some later time. This assumption is based on the fact that replacing a mixing valve with an antiscald valve at some later date would require the use of a licensed plumber for several hours to make the change and a higher cost to purchase the antiscald valve(s) due to the volume purchasing power of manufacturers as compared to individual purchasers.
Accordingly, based on current annual placement rates, the total cost of the antiscald valve requirement is $523,000 ($25 per home * 20,900 singlesection homes). For multisection homes, the total cost is $1.86 million ($50 per home * 37,000 multisection homes). The combined cost totals $2.383 million.
The second cost comes from the increase in the minimum insulation levels for crossunder ducts. These ducts are used in multisection homes to carry heat from one section to another. Thus, there is no cost increase for singlesection homes. The cost per square foot of insulation for multisection homes would increase from $1.25 per square foot of R4 insulated crossunder duct to $3.50 per square foot of R8 insulated crossunder duct, or $2.25 per square foot. On average there are 20 square feet of insulation needed per multisection home. Thus, the total cost of increasing the minimum insulation level is $2.615 million ($2.25 per square foot * 20 square feet per home * 58,100 homes).
In estimating the benefits of these two requirements, HUD has
considered that requiring antiscald valves would reduce the number of
injuries and deaths resulting from tap water scald burns. Although
statistics specific to scald burns in manufactured homes are
unavailable, according to Safe Kids, a nonprofit organization dedicated
to preventing accidental childhood injury, hot tap water accounts for
nearly 25 percent of all scald burns among children and is associated
with more deaths and hospitalizations than any other hot liquid burns.
Statistics reported by the CDC indicate that almost 3,000 people are
hospitalized annually due to scald burns from tap water in the home.\4\
The Safe Kids organization, however, reports that in 2002, 22,600
children received emergency room treatments for scald burns,\5\
approximately 25 percent (5,560) coming from hot tap water. This
analysis uses the CDC estimate of 3,000, which is a conservative
estimate that represents the lower bound of scald injuries prevented.
\4\ Centers for Disease Control and Prevention and U.S.
Department of Housing and Urban Development. Healthy Housing
Reference Manual. Atlanta: U.S. Department of Health and Human Services, 2006.
\5\ Safe Kids Web site: http://www.usa.safekids.org/tier3_ cd.cfm?folder_id=540&content_item_id=1011.
The Safe Kids organization estimates that hospital costs for
admitted scald burn patients average $22,700.\6\ Although this estimate
includes only children under the age of 14, this group comprises a
large percentage of scald burn injuries. Finally, based on the number
of occupied housing units in the 2007 American Housing Survey (AHS),\7\
newly placed manufactured housing accounts for 0.05% of occupied
housing units. If tap water scalds are evenly distributed across all
housing units,\8\ then 1.5 burns (3,000 total scald burns * 0.05% in
newlyplaced manufactured housing) could be prevented annually for
annual savings of $35,744 (3,000 burn victims * 0.05% in manufactured
homes * $22,700 in hospital costs).\9\ OMB Circular A94, which
provides guidance on economic analyses required under Executive Order
12866, requires the present discounted value of annual benefits using
alternative discount rates 3 percent and 7 percent. The discounted
present value of savings from the use of antiscald valves totals
$1.227 million using the 3 percent rate and $0.546 million using the 7
percent rate. Note that using the Safe Kids estimate of 5,560 would
increase these amounts to almost 3 scald burns and $66,246 in hospital
care avoided annually. The discounted present value of savings assuming
the higher estimate of burns totals $2.274 million using the 3 percent
discount rate and $1.013 million using the 7 percent discount rate.
\6\ National SAFE KIDS Campaign (NSKC). Burn Injury Fact Sheet. Washington (DC): NSKC, 2004.
\7\ See 2007 AHS, Table 21.
\8\ If state and local codes that regulate traditional ``stick built'' housing predominantly require antiscald valves, then this distribution may not be even across housing types. For this reason, manufactured homes may account for a larger than proportionate share of scald burns.
\9\ Antiscald valves decrease the maximum water temperature to 120 degrees. At this temperature, it would take 8 minutes of exposure to receive seconddegree burns and 10 minutes for third degree burns. While this does not completely eliminate the risk of scald burns, this risk does not need to be completely eliminated for benefits to be realized.
In addition to prevented injuries and hospitalizations, the anti
scald valve requirement will also reduce the number of deaths resulting
from scald burns. Aside from the 3,000 to 5,560 scald burns occurring
each year, the National Coalition to Prevent Childhood Injury estimates
that approximately 100 deaths result from scald burns annually. As
explained above, newly placed manufactured housing represents 0.05
percent of occupied housing units. Thus, if tap water scalds are evenly [[Page 39877]]
distributed across all housing units, then 0.05 burns annually, or one death every 20 years, would be prevented. Government estimates of the value of a human life range from $5 million used by the Consumer Product Safety Commission to $7.22 million used by the Environmental Protection Agency (EPA). Using the lower estimate of $5 million, the discounted present value of prevented deaths from the use of antiscald valves totals $9.010 million using the 3 percent rate and $4.012 million using the 7 percent rate.
The insulation requirement will increase the energy efficiency of manufactured homes, which will decrease annual energy costs for homeowners. Based on estimates from the Department of Energy's Energy Gauge model, owners of multisection homes, to which this requirement applies, would save approximately $3 in energy costs annually. Thus, the total annual benefit of this provision is $111,600 ($3 per home * 37,200 homes). Calculating the present value of the stream of benefits into the future yields a discounted present value of $3.832 million in energy savings using the 3 percent discount rate and $1.706 million using the 7 percent discount rate.
A summary of HUD's calculation of benefits from the antiscald valve and insulation requirements follows:
BILLING CODE 421067P
[GRAPHIC] [TIFF OMITTED] TP13JY10.001
BILLING CODE 421067C
In summary, this proposed rule would impose costs equaling $4.057 million and create discounted present value of benefits totaling $6.264 million to $14.069 million, depending on the discount rate. Thus, the total impact of this rule, the sum of the total costs and benefits, equals between $10.321 million and $18.126 million annually. Consequently, the rule was determined not economically significant within the meaning of the Executive Order.
The docket file is available for public inspection in the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 204100500. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 2024023055 (this is not a tollfree number). Individuals with speech or hearing impairments may access this number through TTY by calling the Federal Information Relay Service at 8008778339.
Paperwork Reduction Act
The proposed modified information collection requirements contained in this proposed rule, at Sec. Sec. 3280.510, 3280.511, 3280.804, and 3280.813, have been submitted to the Office of Management and Budget (OMB) for review under the Paperwork Reduction Act of 1995 (44 U.S.C. 35013520). In accordance with the Paperwork Reduction Act of 1995, 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 OMB control number. OMB has issued HUD the control number 25020253 for the information collection requirements under the current Manufactured Housing Construction and Safety Standards Program.
The public reporting burden for this modified collection of information is estimated to include the time for reviewing the instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. These proposed modifications to the existing heating and cooling certificates and two labels would result in no additional burden hours for completing the information collection currently accepted under control number 25020253.
In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments
from members of the public and affected agencies concerning the proposed collection of information to:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
Interested persons are invited to submit comments regarding the
information collection requirements in this proposal. Comments must
refer to the proposal by name and docket number (FR5221P01) and must be sent to:
HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; and
Reports Liaison Officer, Office of the Assistant Secretary for HousingFederal Housing Commissioner, Department of Housing and Urban Development, 451 7th Street, SW., Room 9116, Washington, DC 204108000. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. This rule will not impose any federal mandates on any state, local, or tribal government or the private sector within the meaning of the Unfunded Mandates Reform Act of 1995.
A Finding of No Significant Impact with respect to the environment has been made in accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant Impact is available for public inspection between the hours of 8 a.m. and 5 p.m. weekdays in the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street, SW., Room 10276, Washington, DC 204100500. Due to security measures at the HUD Headquarters building, please schedule an appointment to review the finding by calling the Regulations Division at 2024023055 (this is not a tollfree number). Individuals with speech or hearing impairments may access this number through TTY by calling the Federal Information Relay Service at 8008778339.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule would not have
a significant economic impact on a substantial number of small
entities. This rule would regulate establishments primarily engaged in
making manufactured homes (NAICS 32991). The Small Business
Administration's size standards define an establishment primarily
engaged in making manufactured homes as small if it does not exceed 500
employees. Of the 222 firms included under this NAICS definition, 198
are small manufacturers that fall below the small business threshold of 500 employees. The proposed rule will apply to all of the
manufacturers. The rule would thus affect a substantial number of small entities, but would not have a significant economic impact on these small entities.
Based on an analysis of the costs and the fact that a small manufacturer would just as likely produce homes at the higher end of the cost spectrum as would a major producer, evaluating the effect of the increase is not discernible based on the size of the manufacturing operation. For the reasons stated below, HUD knows of no instance of a manufacturer with fewer than 500 employees that would be economically affected significantly by this rule. As the preamble discusses, the overwhelming majority of the revisions to the Construction and Safety Standards proposed by this rule are directed to relieving burden on all manufacturers by having the Standards be consistent with current design and construction standards or state and local codes. Reducing the differences between the federal standards for design and construction of manufactured homes with current industry standards reduces burden for all manufacturers.
As discussed under the ``Regulatory Planning and Review'' section
of this preamble, the annual economic impact of this rule is not
significant, since the changes made by this rule are largely changes
conforming to current industry practices and current building codes. [[Page 39880]]
This assessment shows that this does not represent a significant economic effect on either an industrywide or perunit basis.
The relatively small increase in cost for the manufacturer associated with this proposed rule would not impose a significant burden on a small business for manufacturing homes that can cost the purchaser between $40,000 and $100,000. Therefore, although this rule would affect a substantial number of small entities, it would not have a significant economic impact on them. Therefore, the undersigned certifies that this rule will not have a significant impact on a substantial number of small entities.
Notwithstanding HUD's view that this rule will not have a significant economic effect on a substantial number of small entities, HUD specifically invites comments regarding this certification and any less burdensome alternatives to this rule that will meet HUD's objectives, as described in this preamble.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency from publishing any rule that has federalism implications if the rule either: (i) Imposes substantial direct compliance costs on state and local governments and is not required by statute, or (2) preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Order. This proposed rule does not have federalism implications, within the meaning of the Executive Orders, and would not impose substantial direct compliance costs on state and local governments nor preempt state law within the meaning of the Order. IV. Incorporation by Reference
Before HUD issues a final rule, these reference standards will be
approved by the Director of the Federal Register for incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of these standards may be obtained from the following organizations:
AAMAAmerican Architectural Manufacturers Association, 1540 East
Sundee Road, Palatine, Illinois 60067. http://www.aamanet.org.
ANSIAmerican National Standards Institute, 11 West 42nd Street, New
York, New York 10036, (212) 6424900, fax number (212) 3980023, http:/ /www.ansi.org.
APAThe Engineered Wood Association, 7011 South 19th Street, Tacoma, Washington 98411, (253) 5656600, fax number (253) 5657265, http:// www.apawood.org.
ASSEAmerican Society of Sanitary Engineering, PO Box 40362, Bay Village, Ohio 44140, (216) 8353040, fax number (216) 8353488, http:// www.asseplumbing.org.
ASTMAmerican Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, (610) 8329500, fax number (610) 8329555, http://www.astm.org. CSA (IAS)CSA International (formerly International Approval Services), 8501 East Pleasant Valley Road, Cleveland, Ohio 44131, (216) 5244990, fax number (216) 6423463, http://www.csainternational.org. NFPANational Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269, (617) 7703000, fax number (617) 7700700, http:// www.nfpa.org.
PSNational Institute of Standards and Technology, Voluntary Product Standards, Gaithersburg, Maryland 20810, (301) 9752000, fax number (301) 9261559, http://www.nist.gov. RADCOResources, Applications, Designs, & Controls, Inc., 3220 East 59th Street, Long Beach, California 90805, http://www.radcoinc.com. ULUnderwriters Laboratories, 333 Pfingsten Road, Northbrook, Illinois 60062, (847) 2728800, fax number (847) 5096257, http://www.ul.com. WDMAWindow & Door Manufacturers Association, 1400 East Touhy Avenue, Des Plaines, Illinois 60018, (847) 2995200, fax number (847) 2991286, http://www.wdma.com. List of Subjects in 24 CFR Part 3280
Housing standards, Manufactured homes.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number for Manufactured Housing Construction and Safety Standards is 14.171.
Accordingly, for the reasons stated in the preamble, HUD proposes to amend 24 CFR part 3280 as follows:
PART 3280MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
1. The authority citation for part 3280 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 5403, and 5424.
2. In Sec. 3280.4, revise paragraph (a) and add a reference to
RADCO in alphabetical order under paragraph (b) to read as follows: Sec. 3280.4 Incorporation by reference.
(a) The specifications, standards, and codes of the following organizations are incorporated by reference. Reference standards have the same force and effect as the standards in this part. Where two or more referenced standards are equivalent in application, the manufacturer has the option to incorporate into the manufactured home design and construction the referenced standard of its choosing. When reference standards and the standards in this part are inconsistent, however, the requirements of this part must prevail to the extent of the inconsistency.
(b) * * *
RADCOResources, Applications, Designs, & Controls, 3220 East 59th Street, Long Beach, California 90805.
* * * * *
3. In Sec. 3280.105, revise paragraphs (a)(2)(iv) and (b)(2) to read as follows:
Sec. 3280.105 Exit facilities; exterior doors.
(a) * * *
(2) * * *
(iv) One of the required exit doors must be accessible from the doorway of each bedroom without traveling more than 35 feet. The travel distance to the exit door must be measured on the floor or other walking surface along the centerline of the natural and unobstructed path of travel starting at the center of the bedroom door, curving around any corners or permanent obstructions with a one foot clearance from, and ending at, the center of the exit door.
(b) * * *
(2) All exterior swinging doors must provide a minimum 28inch wide x 74inch high clear opening. Door seals are permitted to reduce the opening, either vertically or horizontally, a maximum of one inch. All exterior sliding glass doors must provide a minimum 28inch wide x 72 inch high clear opening.
* * * * *
4. Revise Sec. 3280.111 to read as follows:
Sec. 3280.111 Toilet compartments.
Each toilet compartment must have a minimum width of 30 inches, with a minimum clear space of 21 inches in front of each toilet. A toilet located adjacent to a wall must have the centerline of the toilet located a minimum of 15 inches from the wall. A toilet located adjacent to a tub must have the centerline of the toilet located a minimum of 12 inches from the outside edge of the tub.
5. Amend Sec. 3280.113 by revising paragraph (b) and adding new paragraphs (c) and (d) to read as follows:
Sec. 3280.113 Glass and glazed openings.
* * * * *
(b) Hazardous locations requiring safety glazing. Except as provided in paragraph (d) of this section, the following locations and areas require the use of safety glazing conforming to the requirements of paragraph (c) of this section:
(1) Glazing in all entrance or exit doors;
(2) Glazing in fixed and sliding panels of sliding glass doors; (3) Glazing in storm type doors;
(4) Glazing in unframed sidehinged swinging doors;
(5) Glazing in doors and fixed panels less than 60 inches above the room floor level that enclose bathtubs, showers, hydromassage tubs, hot tubs, whirlpools, saunas;
(6) Glazing within 12 inches horizontally, as measured from the edge of the door in the closed position, and 60 inches vertically as measured from the room floor level, adjacent to and in the same plane of a door;
(7) Glazing within 36 inches of an interior room walking surface when the glazing meets all of the following:
(i) Individual glazed panels exceed 9 square feet in area in an exposed surface area;
(ii) The bottom edge of the exposed glazing is less than 19 inches above the room floor level; and
(iii) The top edge of the exposed glazing is greater than 36 inches above the room floor level.
(8) Glazing in rails and guardrails; and
(9) Glazing in unbacked mirrored wardrobe doors (i.e., mirrors that are not secured to a backing that is capable of being the door itself). (c) Safety glazing material is considered to be any glazing material capable of meeting the requirements of CPSC 16 CFR part 1201, or the Safety Performance Specifications and Methods of Test for Safety Glazing Materials Used in Buildings, ANSI Z97.11984.
(d) Glazing in the following locations is not required to meet the requirements in paragraph (b) of this section:
(1) Openings in doors through which a 3inch sphere is unable to pass;
(2) Leaded and decorative glazed panels;
(3) Glazing in jalousie type doors;
(4) Glazing as described in paragraph (b)(6) of this section when an intervening wall or other permanent barrier exists between the door and the glazing;
(5) Glazing as described in paragraph (b)(7) of this section when a protective bar or member is installed horizontally between 34 inches and 38 inches above the room floor level, as long as the bar or member is a minimum of 1\1/2\ inches in height and capable of resisting a horizontal load of 50 pounds per lineal foot; and
(6) Mirrors mounted on a flush door surface or solid wall surface.
6. In Sec. 3280.204, revise paragraph (c) to read as follows: Sec. 3280.204 Kitchen cabinet protection.
* * * * *
(c) Alternative compliance. When all exposed surfaces along the bottoms and sides of combustible kitchen cabinets are protected as described in paragraph (a) of this section, the metal hood, the \5/16\ inch thick gypsum board or equivalent material, and the \3/8\inch airspace required by paragraph (a) of this section can be omitted, provided that:
(1) A microwave oven is installed between the cabinet and the range; and
(2) The microwave oven is equivalent in fire protection to the metal range hood required by paragraph (a) of this section; and (3) The microwave oven is certified to be in conformance with Microwave Cooking Appliances, UL 9232002.
* * * * *
Sec. Sec. 3280.207 through 3280.209 [Redesignated as Sec. Sec. 3280.208 through 3280.210]
7. Redesignate Sec. Sec. 3280.207 through 3280.209 as Sec. Sec. 3280.208 through 3280.210, respectively.
8. Add a new Sec. 3280.207 to read as follows:
Sec. 3280.207 Requirements for thermal insulating materials. (a) General. Except for foam plastic materials and as provided in this section, exposed and concealed thermal insulating materials, including any facings, must be tested in accordance with NFPA 25596, Standard Method of Test of Surface Burning Characteristics of Building Materials, and must have a flame spread index of 25 or less and a smoke developed index of 450 or less. The flame spread and smoke developed limitations do not apply to:
(1) Coverings and facings of insulation batts or blankets installed in concealed spaces when the facings are in substantial contact with the unexposed surface of wall, floor, or ceiling finish; or (2) Cellulose loosefill insulation that complies with paragraph (b) of this section.
(b) Loosefill insulation. (1) Cellulose loosefill insulation that is not spray applied or selfsupporting must comply with, and each package must be labeled in accordance with, the Consumer Product Safety Commission requirements in 16 CFR parts 1209 and 1404.
(2) Other loosefill insulation that cannot be mounted in the NFPA 25596 test apparatus without a screen or other artificial support must be tested in accordance with CAN/ULCS102.2M88, Standard Method of Test for Surface Burning Characteristics of Flooring, Floor Covering, and Miscellaneous Materials and Assemblies, and must have a flame spread index of 25 or less and a smoke developed index of 450 or less. (c) Attic locations. Exposed insulation installed on the floor or ceiling forming the lower boundary of the attic must be tested in accordance with NFPA 2532000, Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source, and must have a critical radiant flux of not less than 0.12 watt/cm\2\.
9. Revise Sec. 3280.301 to read as follows:
Sec. 3280.301 Scope.
This subpart covers the minimum requirements for materials,
products, equipment, and workmanship needed to assure that the manufactured home will provide the following:
(a) Structural strength and rigidity;
(b) Protection against corrosion, decay, insects, rodents, and other similar destructive forces;
(c) Protection against wind hazards;
(d) Resistance to the elements; and
(e) Durability and economy of maintenance.
10. In Sec. 3280.304(b)(1), in the list under the undesignated heading ``Wood and Wood Products'':
a. Revise the references to ``Design and Fabrication of Glued PlywoodLumber Beams,'' ``Design and Fabrication of Plywood Sandwich Panels,'' and ``Design and Fabrication of Plywood Stressed Skin Panels;''
b. Remove the reference to ``Voluntary Product Standards, Performance Standard for WoodBased Structural Use Panels,'' and add in its place a reference to ``Performance Standards for WoodBased Structural Use Panels''; and
c. Add new reference standards for ``Engineered Wood Construction
Guide'' and for ``Medium Density Fiberboard (MDF),'' immediately preceding the undesignated heading ``Other''.
The revisions and additions read as follows:
Sec. 3280.304 Materials.
* * * * *
(b)(1) * * *
Wood and Wood Products
* * * * *
Design and Fabrication of Glued PlywoodLumber Beams, Suppl. 2 APAS 812R, 1998.
* * * * *
Design and Fabrication of Plywood Sandwich PanelsAPAU814 H, 1993.
Performance Standard for WoodBased Structural Use PanelsPS 204, 2005.
Design and Fabrication of Plywood StressedSkin Panels, Suppl. 3 APAU 813L, 1996.
* * * * *
Engineered Wood Construction GuideAPA, 2001.
Medium Density Fiberboard (MDF)ANSI A208.21999.
* * * * *
11. In Sec. 3280.305, revise paragraphs (c)(1)(i), (c)(2)(iv), and (c)(3)(ii) to read as follows:
Sec. 3280.305 Structural design requirements.
* * * * *
(c) * * *
(1) * * *
(i) Standard wind loads (Zone I). When a manufactured home is not designed to resist the wind loads for high wind areas (Zone II or Zone III) specified in paragraph (c)(1)(ii) of this section, the manufactured home and each of its windresistin
FOR FURTHER INFORMATION CONTACT
The Office of Regulatory Affairs and Manufactured Housing, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 9164, Washington, DC 20410; telephone number 2027086401 (this is not a tollfree number). Persons with hearing or speech impairments may access this number through TTY by calling the tollfree Federal Information Relay Service at 8008778339.