[Code of Federal Regulations]

[Title 24, Volume 5]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR3282.12]



[Page 221-223]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

 CHAPTER XX--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 

        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 3282_MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS

--Table of Contents

 

                            Subpart A_General

 

Sec.  3282.12  Excluded structures--modular homes.



    (a) The purpose of this section is to provide the certification 

procedure authorized by section 604(h) of the National Manufactured 

Housing Construction and Safety Standards Act under which modular homes 

may be excluded from coverage of the Act if the manufacturer of the 

structure elects to have them excluded. If a manufacturer wishes to 

construct a structure that is both a manufactured home and a modular 

home, the manufacturer need not make the certification provided for by 

this section and may meet both the Federal manufactured home 

requirements and any modular housing requirements. When the 

certification is not made, all provisions of the Federal requirements 

shall be met.

    (b) Any structure that meets the definition of manufactured home at 

24 CFR 3282.7(u) is excluded from the coverage of the National 

Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 

5401 et seq., if the manufacturer certifies as prescribed in paragraph 

(c) of this section that:

    (1) The structure is designed only for erection or installation on a 

site-built permanent foundation;

    (i) A structure meets this criterion if all written materials and 

communications relating to installation of the structure, including but 

not limited to designs, drawings, and installation or erection 

instructions, indicate that the structure is to be installed on a 

permanent foundation.

    (ii) A site-built permanent foundation is a system of supports, 

including piers, either partially or entirely below grade which is:

    (A) Capable of transferring all design loads imposed by or upon the 

structure into soil or bedrock without failure,

    (B) Placed at an adequate depth below grade to prevent frost damage, 

and

    (C) Constructed of concrete, metal, treated lumber or wood, or 

grouted masonry; and

    (2) The structure is not designed to be moved once erected or 

installed on a site-built permanent foundation;

    (i) A structure meets this criterion if all written materials and 

communications relating to erection or installation of the structure, 

including but not limited to designs, drawings, calculations, and 

installation or erection instructions, indicate that the structure is 

not intended to be moved after it is erected or installed and if the 

towing hitch or running gear, which includes axles, brakes, wheels and 

other parts of the chassis that operate only during transportation, are 

removable and designed to be removed prior to erection or installation 

on a site-built permanent foundation; and

    (3) The structure is designed and manufactured to comply with the 

currently effective version of one of the following:

    (i) One of the following nationally recognized building codes:

    (A) That published by Building Officials and Code Administrators 

(BOCA) and the National Fire Protection Association (NFPA) and made up 

of the following:

    (1) BOCA Basic Building Code,

    (2) BOCA Basic Industrialized Dwelling Code,

    (3) BOCA Basic Plumbing Code,

    (4) BOCA Basic Mechanical Code, and

    (5) National Electrical Code, or

    (B) That published by the Southern Building Code Congress (SBCC) and 

the NFPA and made up of the following:

    (1) Standard Building Code,

    (2) Standard Gas Code,

    (3) Standard Mechanical Code,

    (4) Standard Plumbing Code, and

    (5) National Electrical Code, or

    (C) That published by the International Conference of Building 

Officials (ICBO), the International Association of Plumbing and 

Mechanical Officials (IAPMO), and the NFPA and made up of the following:



[[Page 222]]



    (1) Uniform Building Code,

    (2) Uniform Mechanical Code,

    (3) Uniform Plumbing Code, and

    (4) National Electrical Code or

    (D) The codes included in paragraphs (b)(3)(i)(A), (B), or (C) in 

connection with the One- and Two-Family Dwelling Code, or

    (E) Any combination of the codes included in paragraphs 

(b)(3)(i)(A), (B), (C), and (D), that is approved by the Secretary, 

including combinations using the National Standard Plumbing Code 

published by the National Association of Plumbing, Heating and Cooling 

Contractors (PHCC), or

    (F) Any other building code accepted by the Secretary as a 

nationally recognized model building code, or

    (ii) Any local code or State or local modular building code accepted 

as generally equivalent to the codes included under paragraph (b)(3)(i), 

(the Secretary will consider the manufacturer's certification under 

paragraph (c) of this section to constitute a certification that the 

code to which the structure is built is generally equivalent to the 

referenced codes. This certification of equivalency is subject to the 

provisions of paragraph (f) of this section) or

    (iii) The minimum property standards adopted by the Secretary 

pursuant to title II of the National Housing Act; and

    (4) To the manufacturer's knowledge, the structure is not intended 

to be used other than on a site-built permanent foundation.

    (c) When a manufacturer makes a certification provided for under 

paragraph (b) of this section, the certification shall state as follows:



    The manufacturer of this structure, Name --------------------; 

Address --------------------; (location where structure was 

manufactured).



    Certifies that this structure (Ser. No. --------) is not a 

manufactured home subject to the provisions of the National Manufactured 

Housing Construction and Safety Standards Act and is--

    (1) designed only for erection or installation on a site-built 

permanent foundation,

    (2) not designed to be moved once so erected or installed,

    (3) designed and manufactured to comply with -------------- (Here 

state which code included in paragraph (b)(3) of this section has been 

followed), and

    (4) to the manufacturer's knowledge is not intended to be used other 

than on a site-built permanent foundation.



    (d) This certification shall be affixed in a permanent manner near 

the electrical panel, on the inside of a kitchen cabinet door, or in any 

other readily accessible and visible location.

    (e) As part of this certification, the manufacturer shall identify 

each certified structure by a permanent serial number placed on the 

structure during the first stage of production. If the manufacturer also 

manufactures manufactured homes that are certified under Sec. Sec.  

3282.205 and 3282.362(c), the series of serial numbers for structures 

certified under this section shall be distinguishable on the structures 

and in the manufacturer's records from the series of serial numbers for 

the manufactured homes that are certified under Sec. Sec.  3282.205 and 

3282.362(c).

    (1) If a manufacturer wishes to certify a structure as a 

manufactured home under Sec. Sec.  3282.205 and 3282.362(c) after having 

applied a serial number identifying it as exempted under this section, 

the manufacturer may do so only with the written consent of the 

Production Inspection Primary Inspection Agency (IPIA) after thorough 

inspection of the structure by the IPIA at at least one stage of 

production and such removal or equipment, components, or materials as 

the IPIA may require to perform inspections to assure that the structure 

conforms to the Federal manufactured home standards. The manufacturer 

shall remove the original serial number and add the serial number 

required by Sec.  3280.6.

    (2) A manufacturer may not certify a structure under this section 

after having applied the manufactured home serial number under Sec.  

3280.6.

    (f) All certifications made under this section are subject to 

investigation by the Secretary to determine their accuracy. If a 

certification is false or inaccurate, the certification for purposes of 

this section is invalid and the structures that have been or may be the 

subject of the certification are not excluded from the coverage of the 

Act,



[[Page 223]]



the Federal Manufactured Home Construction and Safety Standards, or 

these Regulations.

    (1) If the Secretary has information that a certification may be 

false or inaccurate, the manufacturer will be given written notice of 

the nature of this information by certified mail and the procedure of 

this subparagraph will be followed.

    (i) The manufacturer must investigate this matter and report its 

findings in writing as to the validity of this information to the 

Secretary within 15 days from the receipt of the Secretary's notice.

    (ii) If a written report is received within the time prescribed in 

paragraph (f)(1)(i) of this section, the Secretary will review this 

report before determining whether a certification is false or 

inaccurate. If a report is not received within 15 days from the receipt 

of the Secretary's notice, the Secretary will make the determination on 

the basis of the information presented.

    (iii) If the Secretary determines that a certification is false or 

inaccurate, the manufacturer will be given written notice and the 

reasons for this determination by certified mail.

    (2) The Secretary may seek civil and criminal penalties provided for 

in section 611 of the Act, 42 U.S.C. 5410, if the party in question in 

the exercise of due care has reason to know that such certification is 

false or misleading as to any material fact.



[44 FR 68733, Nov. 29, 1979, as amended at 49 FR 10666, Mar. 22, 1984]