Apr. 1, 2003 CODE OF FEDERAL REGULATIONS 24 Part 1700 to End Revised as of April 1, 2003 Housing and Urban Development Containing a codification of documents of general applicability and future effect As of April 1, 2003 With Ancillaries

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 Table of Contents Page Explanation v Title 24: Subtitle B—Regulations Relating to Housing and Urban Development (Continued) Chapter X—Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development (Interstate Land Sales Registration Program) 5 Chapter XII—Office of Inspector General, Department of Housing and Urban Development 87 Chapter XX—Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development 105 Chapter XXV—Neighborhood Reinvestment Corporation 311 Finding Aids: Material Approved for Incorporation by Reference 323 Table of CFR Titles and Chapters 333 Alphabetical List of Agencies Appearing in the CFR 351 List of CFR Sections Affected 361

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 Raymond A. Mosley, Director, Office of the Federal Register. April 1, 2003. THIS TITLE

Title 24—Housing and Urban Development is composed of five volumes. The first four volumes containing parts 0-199, parts 200-499, parts 500-699, parts 700-1699, represent the regulations of the Department of Housing and Urban Development. The fifth volume, containing part 1700 to end continues with regulations of the Department of Housing and Urban Development and also includes regulations of the Neighborhood Reinvestment Corporation. The contents of these volumes represent all current regulations codified under this title of the CFR as of April 1, 2003.

CFRORDR.FRM <LRH>24 CFR Ch. X (4-1-03 Edition)</LRH> <RRH>Office of Asst. Sec. for Housing, HUD</RRH> <CFRTITLE> <TITLEHD> <PRTPAGE P="1"/> <HD SOURCE="HED">Title 24—Housing and Urban Development</HD> <P>(This book contains parts 1700 to End)</P> </TITLEHD> <CFRTOC> <PTHD>Part</PTHD> <SUBTI> <HD SOURCE="HED">SUBTITLE B—<E T="04">Regulations Relating to Housing and Urban Development (Continued)</E> </HD> </SUBTI> <CHAPTI> <SUBJECT> <E T="04">chapter x</E>—Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development (Interstate Land Sales Registration Program)</SUBJECT> <PG>1710</PG> </CHAPTI> <CHAPTI> <SUBJECT> <E T="04">chapter xii—</E> Office of Inspector General, Department of Housing and Urban Development</SUBJECT> <PG>2002</PG> </CHAPTI> <CHAPTI> <SUBJECT> <E T="04">chapter xx</E>—Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development</SUBJECT> <PG>3280</PG> </CHAPTI> <CHAPTI> <SUBJECT> <E T="04">chapter xxv</E>—Neighborhood Reinvestment Corporation</SUBJECT> <PG>4100</PG> </CHAPTI> <CROSSREF> <HD SOURCE="HED">Cross References:</HD> <P>See Farmers Home Administration, Department of Agriculture, 7 CFR chapter XVIII.</P> <P>Office of Thrift Supervision, Department of the Treasury, 12 CFR chapter V.</P> <P>Department of Veterans Affairs regulations on assistance to certain disabled veterans in acquiring specially adapted housing and guaranty of loans on homes: See Pensions, Bonuses, and Veterans' Relief, 38 CFR part 36.</P> </CROSSREF> </CFRTOC> </CFRTITLE> <SUBTITLE> <PRTPAGE P="3"/> <HD SOURCE="HED">Subtitle B—Regulations Relating to Housing and Urban Development (Continued)</HD> <TOC/> <CHAPTER> <LRH>24 CFR Ch. X (4-1-03 Edition)</LRH> <RRH>Office of Asst. Sec. for Housing, HUD</RRH> <TOC> <TOCHD> <PRTPAGE P="5"/> <HD SOURCE="HED">CHAPTER X—OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (INTERSTATE LAND SALES REGISTRATION PROGRAM)</HD> </TOCHD> <PTHD>Part</PTHD> <PGHD>Page</PGHD> <CHAPTI> <PT>1710</PT> <SUBJECT>Land registration</SUBJECT> <PG>7</PG> <PT>1715</PT> <SUBJECT>Purchasers' revocation rights, sales practices and standards</SUBJECT> <PG>64</PG> <PT>1720</PT> <SUBJECT>Formal procedures and rules of practice</SUBJECT> <PG>68</PG> </CHAPTI> </TOC> <PART> <PRTPAGE P="7"/> <EAR>Pt. 1710</EAR> <HD SOURCE="HED">PART 1710—LAND REGISTRATION</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Requirements</HD> <SECHD>Sec.</SECHD> <SECTNO>1710.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>1710.3</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>1710.4</SECTNO> <SUBJECT>Exemptions—general.</SUBJECT> <SECTNO>1710.5</SECTNO> <SUBJECT>Statutory exemptions from the provisions of this chapter.</SUBJECT> <SECTNO>1710.6</SECTNO> <SUBJECT>One hundred lot exemption.</SUBJECT> <SECTNO>1710.7</SECTNO> <SUBJECT>Twelve lot exemption.</SUBJECT> <SECTNO>1710.8</SECTNO> <SUBJECT>Scattered site subdivisions.</SUBJECT> <SECTNO>1710.9</SECTNO> <SUBJECT>Twenty acre lots.</SUBJECT> <SECTNO>1710.10</SECTNO> <SUBJECT>Single-family residence exemption.</SUBJECT> <SECTNO>1710.11</SECTNO> <SUBJECT>Manufactured home exemption.</SUBJECT> <SECTNO>1710.12</SECTNO> <SUBJECT>Intrastate exemption.</SUBJECT> <SECTNO>1710.13</SECTNO> <SUBJECT>Metropolitan Statistical Area (MSA) exemption.</SUBJECT> <SECTNO>1710.14</SECTNO> <SUBJECT>Regulatory exemptions.</SUBJECT> <SECTNO>1710.15</SECTNO> <SUBJECT>Regulatory exemption—multiple site subdivision—determination required.</SUBJECT> <SECTNO>1710.16</SECTNO> <SUBJECT>Regulatory exemption—determination required.</SUBJECT> <SECTNO>1710.17</SECTNO> <SUBJECT>Advisory opinion.</SUBJECT> <SECTNO>1710.18</SECTNO> <SUBJECT>No action letter.</SUBJECT> <SECTNO>1710.20</SECTNO> <SUBJECT>Requirements for registering a subdivision—Statement of Record—filing and form.</SUBJECT> <SECTNO>1710.21</SECTNO> <SUBJECT>Effective dates.</SUBJECT> <SECTNO>1710.22</SECTNO> <SUBJECT>Statement of record—initial or consolidated.</SUBJECT> <SECTNO>1710.23</SECTNO> <SUBJECT>Amendment—filing and form.</SUBJECT> <SECTNO>1710.29</SECTNO> <SUBJECT>Use of property report—misstatements, omissions or representation of HUD approval prohibited.</SUBJECT> <SECTNO>1710.35</SECTNO> <SUBJECT>Payment of fees.</SUBJECT> <SECTNO>1710.45</SECTNO> <SUBJECT>Suspensions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Reporting Requirements</HD> <SECTNO>1710.100</SECTNO> <SUBJECT>Statement of Record—format.</SUBJECT> <SECTNO>1710.102</SECTNO> <SUBJECT>General instructions for completing the Statement of Record.</SUBJECT> <SECTNO>1710.103</SECTNO> <SUBJECT>Developer obligated improvements.</SUBJECT> <SECTNO>1710.105</SECTNO> <SUBJECT>Cover page.</SUBJECT> <SECTNO>1710.106</SECTNO> <SUBJECT>Table of contents.</SUBJECT> <SECTNO>1710.107</SECTNO> <SUBJECT>Risks of buying land.</SUBJECT> <SECTNO>1710.108</SECTNO> <SUBJECT>General information.</SUBJECT> <SECTNO>1710.109</SECTNO> <SUBJECT>Title to the property and land use.</SUBJECT> <SECTNO>1710.110</SECTNO> <SUBJECT>Roads.</SUBJECT> <SECTNO>1710.111</SECTNO> <SUBJECT>Utilities.</SUBJECT> <SECTNO>1710.112</SECTNO> <SUBJECT>Financial information.</SUBJECT> <SECTNO>1710.113</SECTNO> <SUBJECT>Local services.</SUBJECT> <SECTNO>1710.114</SECTNO> <SUBJECT>Recreational facilities.</SUBJECT> <SECTNO>1710.115</SECTNO> <SUBJECT>Subdivision characteristics and climate.</SUBJECT> <SECTNO>1710.116</SECTNO> <SUBJECT>Additional information.</SUBJECT> <SECTNO>1710.117</SECTNO> <SUBJECT>Cost sheet, signature of Senior Executive Officer.</SUBJECT> <SECTNO>1710.118</SECTNO> <SUBJECT>Receipt, agent certification and cancellation page.</SUBJECT> <SECTNO>1710.200</SECTNO> <SUBJECT>Instructions for Statement of Record, Additional Information and Documentation.</SUBJECT> <SECTNO>1710.208</SECTNO> <SUBJECT>General information.</SUBJECT> <SECTNO>1710.209</SECTNO> <SUBJECT>Title and land use.</SUBJECT> <SECTNO>1710.210</SECTNO> <SUBJECT>Roads.</SUBJECT> <SECTNO>1710.211</SECTNO> <SUBJECT>Utilities.</SUBJECT> <SECTNO>1710.212</SECTNO> <SUBJECT>Financial information.</SUBJECT> <SECTNO>1710.214</SECTNO> <SUBJECT>Recreational facilities.</SUBJECT> <SECTNO>1710.215</SECTNO> <SUBJECT>Subdivision characteristics and climate.</SUBJECT> <SECTNO>1710.216</SECTNO> <SUBJECT>Additional information.</SUBJECT> <SECTNO>1710.219</SECTNO> <SUBJECT>Affirmation.</SUBJECT> <SECTNO>1710.310</SECTNO> <SUBJECT>Annual report of activity.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Certification of Substantially Equivalent State Law</HD> <SECTNO>1710.500</SECTNO> <SUBJECT>General.</SUBJECT> <SECTNO>1710.503</SECTNO> <SUBJECT>Notice of certification.</SUBJECT> <SECTNO>1710.504</SECTNO> <SUBJECT>Cooperation among certified states and between certified states and the Secretary.</SUBJECT> <SECTNO>1710.505</SECTNO> <SUBJECT>Withdrawal of State certification.</SUBJECT> <SECTNO>1710.506</SECTNO> <SUBJECT>State/Federal filing requirements.</SUBJECT> <SECTNO>1710.507</SECTNO> <SUBJECT>Effect of suspension or withdrawal of certification granted under § 1710.501(a): Full disclosure requirement.</SUBJECT> <SECTNO>1710.508</SECTNO> <SUBJECT>Effect of suspension of certification granted under § 1710.501(b): Sufficient protection requirement.</SUBJECT> <SECTNO>1710.552</SECTNO> <SUBJECT>Previously accepted state filings.</SUBJECT> <SECTNO>1710.556</SECTNO> <SUBJECT>Previously accepted state filings—amendments and consolidations.</SUBJECT> <SECTNO>1710.558</SECTNO> <SUBJECT>Previously accepted state filings—notice of revocation rights on property report cover page.</SUBJECT> <SECTNO>1710.559</SECTNO> <SUBJECT>Previously accepted state filings—notice of revocation rights in contracts and agreements.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>15 U.S.C. 1718; 42 U.S.C. 3535(d).</P> </AUTH> <SUBPART> <HD SOURCE="HED">Subpart A—General Requirements</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>Sec. 1419, Interstate Land Sales Full Disclosure Act, 82 Stat. 590, 598; 15 U.S.C. 1718; sec. 7(d), Dept. of Housing and Urban Development Act, 42 U.S.C. 3535(d).</P> </AUTH> <SECTION> <SECTNO>§ 1710.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Statutory terms.</E> All terms are used in accordance with their statutory meaning in 15 U.S.C. 1702 or with part 5 of this title, unless otherwise defined in paragraph (b) of this section or elsewhere in this part.</P> <P>(b) <E T="03">Other terms.</E> As used in this part:</P> <P> <E T="03">Act</E> means the Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701.</P> <P> <E T="03">Advisory opinion</E> means the formal written opinion of the Secretary as to jurisdiction in a particular case or the applicability of an exemption under §§ 1710.5 through 1710.15, based on facts submitted to the Secretary.</P> <P> <E T="03">Available for use</E> means that in addition to being constructed, the subject facility is fully operative and supplied <PRTPAGE P="8"/>with any materials and staff necessary for its intended purpose.</P> <P> <E T="03">Beneficial property restrictions</E> means restrictions that are enforceable by the lot owners and are designed to control the use of the lot and to preserve or enhance the environment and the aesthetic and economic value of the subdivision.</P> <P> <E T="03">Date of filing</E> means the date a Statement of Record, amendment, or consolidation, accompanied by the applicable fee, is received by the Secretary.</P> <P> <E T="03">Good faith estimate</E> means an estimate based on documentary evidence. In the case of cost estimates, the documentation may be obtained from the suppliers of the services. In the case of estimates of completion dates, the documentation may be actual contracts let, engineering schedules, or other evidence of commitments to complete the amenities.</P> <P> <E T="03">Lot</E> means any portion, piece, division, unit, or undivided interest in land located in any State or foreign country, if the interest includes the right to the exclusive use of a specific portion of the land.</P> <P> <E T="03">OILSR</E> means the Interstate Land Sales Registration program.</P> <P> <E T="03">Owner</E> means the person or entity who holds the fee title to the land and has the power to convey that title to others.</P> <P> <E T="03">Parent corporation</E> means that entity which ultimately controls the subsidiary, even though the control may arise through any series or chain of other subsidiaries or entities.</P> <P> <E T="03">Principal</E> means any person or entity holding at least a 10 percent financial or ownership interest in the developer or owner, directly or through any series or chain of subsidiaries or other entities.</P> <P> <E T="03">Rules</E> means all rules adopted pursuant to the Act, including the general requirements published in this part.</P> <P> <E T="03">Sale</E> means any obligation or arrangement for consideration to purchase or lease a lot directly or indirectly. The terms “sale” or “seller” include in their meanings the terms “lease” and “lessor”.</P> <P> <E T="03">Senior Executive Officer</E> means the individual of highest rank responsible for the day-to-day operations of the developer and who has the authority to bind or commit the developing entity to contractual obligations.</P> <P> <E T="03">Site</E> means a group of contiguous lots, whether such lots are actually divided or proposed to be divided. Lots are considered to be contiguous even though contiguity may be interrupted by a road, park, small body of water, recreational facility, or any similar object.</P> <P> <E T="03">Start of construction</E> means breaking ground for building a facility, followed by diligent action to complete the facility.</P> <CITA>[61 FR 13597, Mar. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.3</SECTNO> <SUBJECT>General applicability.</SUBJECT> <P>Except in the case of an exempt transaction, a developer may not sell or lease lots in a subdivision, making use of any means or instruments of transportation or communication in interstate commerce, or of the mails, unless a Statement of Record is in effect in accordance with the provisions of this part. In non-exempt transactions, the developer must give each purchaser a printed Property Report, meeting the requirements of this part, in advance of the purchaser's signing of any contract or agreement for sale or lease.</P> <APPRO>(Approved by the Office of Management and Budget under control number 2502-0243)</APPRO> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31368, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.4</SECTNO> <SUBJECT>Exemptions—general.</SUBJECT> <P>(a) The exemptions available under §§ 1710.5 through 1710.16 are not applicable when the method of sale, lease or other disposition of land or an interest in land is adopted for the purpose of evasion of the Act.</P> <P>(b) With the exception of the sales or leases which are exempt under § 1710.5, the anti-fraud provisions of the Act (15 U.S.C. 1703(a)(2)) apply to exempt transactions. The anti-fraud provisions make it unlawful for a developer or agent to employ any device, scheme, or artifice to:</P> <P>(1) Defraud;</P> <P>(2) To obtain money or property by means of any untrue statement of a material fact, or<PRTPAGE P="9"/> </P> <P>(3) To omit to state a material fact necessary in order to make the statements made not misleading, with respect to any information pertinent to the lot or subdivision; or</P> <P>(4) To engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon a purchaser.</P> <P>(c) The anti-fraud provisions of the Act require that certain representations be included in the contract in transactions which are not exempt under § 1710.5. Specifically, the Act requires that if a developer or agent represents that roads, sewers, water, gas or electric service or recreational amenities will be provided or completed by the developer, the contract must stipulate that the services or amenities will be provided or completed. See § 1715.15(f).</P> <P>(d) Eligibility for exemptions available under §§ 1710.5 through 1710.14 is self-determining. With the exception of the exemptions available under §§ 1710.15 and 1710.16, a developer is not required to file notice with or obtain the approval of the Secretary in order to take advantage of an exemption. If a developer elects to take advantage of an exemption, the developer is responsible for maintaining records to demonstrate that the requirements of the exemption have been met.</P> <P>(e) A developer may present evidence, or otherwise discuss, in an informal hearing before the OILSR Administrator or designee, the Department's position on the jurisdiction or non-exempt status of a particular subdivision.</P> <CITA>[45 FR 40479, June 13, 1980, as amended at 54 FR 40866, Oct. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.5</SECTNO> <SUBJECT>Statutory exemptions from the provisions of this chapter.</SUBJECT> <P>A listing of the statutory exemptions is contained in 15 U.S.C. 1703. In accordance with 15 U.S.C. 1703(a)(2), if the sale involves a condominium or multi-unit construction, a presale clause conditioning the sale of a unit on a certain percentage of sales of other units is permissible if it is legally binding on the parties and is for a period not to exceed 180 days. However, the 180-day provision cannot extend the 2-year period for performance. The permissible 180 days is calculated from the date the first purchaser signs a sales contract in the project or, if a phased project, from the date the first purchaser signs the first sales contract in each phase.</P> <CITA>[61 FR 13597, Mar. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.6</SECTNO> <SUBJECT>One hundred lot exemption.</SUBJECT> <P>The sale of lots in a subdivision is exempt from the registration requirements of the Act if, since April 28, 1969, the subdivision has contained fewer than 100 lots, exclusive of lots which are exempt from jurisdiction under § 1710.5. In the sale of lots in the subdivision that are not exempt under § 1710.5, the developer must comply with the Act's anti-fraud provisions, set forth in § 1710.4 (b) and (c).</P> <CITA>[49 FR 31368, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.7</SECTNO> <SUBJECT>Twelve lot exemption.</SUBJECT> <P>(a) The sale of lots is exempt from the registration requirements of the Act if, beginning with the first sale after June 20, 1980, no more than twelve lots in the subdivision are sold in the subsequent twelve-month period. Thereafter, the sale of the first twelve lots is exempt from the registration requirements if no more than twelve lots were sold in each previous twelve month period which began with the anniversary date of the first sale after June 20, 1980.</P> <P>(b) A developer may apply to the Secretary to establish a different twelve month period for use in determining eligibility for the exemption and the Secretary may allow the change if it is for good cause and consistent with the purpose of this section.</P> <P>(c) In determining eligibility for this exemption, all lots sold or leased in the subdivision after June 20, 1980, are counted, whether or not the transactions are otherwise exempt. Sales or leases made prior to June 21, 1980, are not considered in determining eligibility for the exemption.</P> <P>(d) The sale must also comply with the anti-fraud provisions of § 1710.4 (b) and (c) of this part.</P> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31368, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.8</SECTNO> <SUBJECT>Scattered site subdivisions.</SUBJECT> <P>(a) The sale of lots in a subdivision consisting of noncontiguous parts is <PRTPAGE P="10"/>exempt from the registration requirements of the Act if—</P> <P>(1) Each noncontiguous part of the subdivision contains twenty or fewer lots; and</P> <P>(2) Each purchaser or purchaser's spouse makes a personal, on-the-lot inspection of the lot purchased prior to signing a contract.</P> <P>(b) For purposes of this exemption, interruptions such as roads, parks, small bodies of water or recreational facilities do not serve to break the contiguity of parts of a subdivision.</P> <P>(c) The sale must also comply with the anti-fraud provisions of § 1710.4 (b) and (c) of this part.</P> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31368, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.9</SECTNO> <SUBJECT>Twenty acre lots.</SUBJECT> <P>(a) The sale of lots in a subdivision is exempt from the registration requirements of the Act if, since April 28, 1969, each lot in the subdivision has contained at least twenty acres. In determining eligibility for the exemption, easements for ingress and egress or public utilities are considered part of the total acreage of the lot if the purchaser retains ownership of the property affected by the easement.</P> <P>(b) The sale must also comply with the anti-fraud provisions of § 1710.4 (b) and (c) of this part.</P> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31368, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.10</SECTNO> <SUBJECT>Single-family residence exemption.</SUBJECT> <P>(a) <E T="03">General.</E> The sale of a lot which meets the requirements specified under paragraphs (b) and (c) of this section is exempt from the registration requirements of the Act.</P> <P>(b) <E T="03">Subdivision requirements.</E> (1) The subdivision must meet all local codes and standards.</P> <P>(2) In the promotion of the subdivision there must be no offers, by direct mail or telephone solicitation, of gifts, trips, dinners or use of similar promotional techniques to induce prospective purchasers to visit the subdivision or to purchase a lot.</P> <P>(c) <E T="03">Lot requirements.</E> (1) The lot must be located within a municipality or county where a unit of local government or the State specifies minimum standards in the following areas for the development of subdivision lots taking place within its boundaries:</P> <P>(i) Lot dimensions.</P> <P>(ii) Plat approval and recordation.</P> <P>(iii) Roads and access.</P> <P>(iv) Drainage.</P> <P>(v) Flooding.</P> <P>(vi) Water supply.</P> <P>(vii) Sewage disposal.</P> <P>(2) Each lot sold under the exemption must be either zoned for single-family residences or, in the absence of a zoning ordinance, limited exclusively by enforceable covenants or restrictions to single-family residences. Manufactured homes, townhouses, and residences for one-to-four family use are considered single-family residences for purposes of this exemption provision.</P> <P>(3) The lot must be situated on a paved street or highway which has been built to standards established by the State or the unit of local government in which the subdivision is located. If the roads are to be public roads they must be acceptable to the unit of local government that will be responsible for maintenance. If the street or highway is not complete, the developer must post a bond or other surety acceptable to the municipality or county in the full amount of the cost of completing the street or highway to assure completion to local standards. For purposes of this exemption, <E T="03">paved</E> means concrete or pavement with a bituminous surface that is impervious to water, protects the base and is durable under the traffic load and maintenance contemplated.</P> <P>(4) The unit of local government or a homeowners association must have accepted or be obligated to accept the responsibility for maintaining the street or highway upon which the lot is situated. In any case in which a homeowners association has accepted or is obligated to accept maintenance responsibility, the developer must, prior to signing of a contract or agreement to purchase, provide the purchaser with a good faith written estimate of the cost of carrying out the responsibility over the first ten years of ownership.</P> <P>(5) At the time of closing, potable water, sanitary sewage disposal, and electricity must be extended to the lot <PRTPAGE P="11"/>or the unit of local government must be obligated to install the facilities within 180 days following closing. For subdivisions which will not have a central water or sewage disposal system, there must be assurances that an adequate potable water supply is available year-round and that the lot is approved for the installation of a septic tank.</P> <P>(6) The contract of sale must require delivery within 180 days after the signing of the sales contract of a warranty deed, which at the time of delivery is free from monetary liens and encumbrances. If a warranty deed is not commonly used in the jurisdiction where the lot is located, a deed or grant which warrants that the seller has not conveyed the lot to another person may be delivered in lieu of a warranty deed. The deed or grant used must warrant that the lot is free from encumbrances made by the seller or any other person claiming by, through, or under the seller.</P> <P>(7) At the time of closing, a title insurance binder or title opinion reflecting the condition of title must be in existence and issued or presented to the purchaser showing that, subject only to exceptions which are approved in writing by the purchaser at the time of closing, marketable title to the lot is vested in the seller.</P> <P>(8) The purchaser or purchaser's spouse must make a personal, on-the-lot inspection of the lot purchased prior to signing a contract or agreement to purchase.</P> <P>(d) The sale must also comply with the anti-fraud provisions of § 1710.4 (b) and (c) of this part.</P> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31368, Aug. 6, 1984; 50 FR 9269, Mar. 7, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.11</SECTNO> <SUBJECT>Manufactured home exemption.</SUBJECT> <P>(a) The sale of a lot is exempt from the registration requirements of the Act when the following eligibility requirements are met:</P> <P>(1) The lot is sold as a homesite by one party and a manufactured home is sold by another party and the contracts of sale—</P> <P>(i) Obligate the sellers to perform, contingent upon the other seller carrying out its obligations so that a completed manufactured home will be erected on a completed homesite within two years after the date the purchaser signed the contract to purchase the lot;</P> <P>(ii) Provide that all funds received by the sellers are to be deposited in escrow accounts independent of the sellers until the transactions are completed;</P> <P>(iii) Provide that funds received by the sellers will be released to the buyer upon demand if the lot on which the manufactured home has been erected is not conveyed within two years; and</P> <P>(iv) Contain no provisions which restrict the purchaser's remedy of bringing suit for specific performance.</P> <P>(2) The homesite is developed in conformance with all local codes and standards, if any, for manufactured home subdivisions.</P> <P>(3) At the time of closing—</P> <P>(i) Potable water and sanitary sewage disposal are available to the homesite and electricity has been extended to the lot line;</P> <P>(ii) The homesite is accessible by roads;</P> <P>(iii) The purchaser receives marketable title to the lot; and</P> <P>(iv) Other common facilities represented in any manner by the developer or agent to be provided are completed or there are letters of credit, cash escrows or surety bonds in the form acceptable to the local government in an amount equal to 100 percent of the estimated cost of completion. Corporate bonds are not acceptable for purposes of the exemption.</P> <P>(4) For purposes of this section, a manufactured home is a unit receiving a label in conformance with HUD regulations implementing the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401).</P> <P>(b) The sale must also comply with the anti-fraud provisions of § 1710.4 (b) and (c) of this part.</P> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31368, Aug. 6, 1984; 49 FR 33644, Aug. 24, 1984; 50 FR 9269, Mar. 7, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.12</SECTNO> <SUBJECT>Intrastate exemption.</SUBJECT> <P>(a) <E T="03">Eligibility requirements.</E> The sale of a lot is exempt from the registration requirements of the Act if the following requirements are met:<PRTPAGE P="12"/> </P> <P>(1) The sale of lots in the subdivision after December 20, 1979, is restricted solely to residents of the State in which the subdivision is located unless the sale is exempt under § 1710.5, § 1710.11 or § 1710.13.</P> <P>(2) The purchaser or purchaser's spouse makes a personal on-the-lot inspection of the lot to be purchased before signing a contract.</P> <P>(3) Each contract—</P> <P>(i) Specifies the developer's and purchaser's responsibilities for providing and maintaining roads, water and sewer facilities and any existing or promised amenities;</P> <P>(ii) Contains a good faith estimate of the year in which the roads, water and sewer facilities and promised amenities will be completed; and</P> <P>(iii) Contains a non-waivable provision giving the purchaser the opportunity to revoke the contract until at least midnight of the seventh calendar day following the date the purchaser signed the contract. If the purchaser is entitled to a longer revocation period by operation of State law, that period becomes the Federal revocation period and the contract must reflect the requirements of the longer period.</P> <P>(4) The lot being sold is free and clear of all liens, encumbrances and adverse claims except the following:</P> <P>(i) Mortgages or deeds of trust which contain release provisions for the individual lot purchased if—</P> <P>(A) The contract of sale obligates the developer to deliver, within 180 days, a warranty deed (or its equivalent under local law), which at the time of delivery is free from any monetary liens or encumbrances; and</P> <P>(B) The purchaser's payments are deposited in an escrow account independent of the developer until a deed is delivered.</P> <P>(ii) Liens which are subordinate to the leasehold interest and do not affect the lessee's right to use or enjoy the lot.</P> <P>(iii) Property reservations which are for the purpose of bringing public services to the land being developed, such as easements for water and sewer lines.</P> <P>(iv) Taxes or assessments which constitute liens before they are due and payable if imposed by a State or other public body having authority to assess and tax property or by a property owners' association.</P> <P>(v) Beneficial property restrictions that are mutually enforceable by the lot owners in the subdivision. Restrictions, whether separately recorded or incorporated into individual deeds, must be applied uniformly to every lot or group of lots. To be considered beneficial and enforceable, any restriction or covenant that imposes an assessment on lot owners must apply to the developer on the same basis as other lot owners. Developers who maintain control of a subdivision through a Property Owners' Association, Architectural Control Committee, restrictive covenant or otherwise, shall transfer such control to the lot owners no later than when the developer ceases to own a majority of total lots in, or planned for, the subdivision. Relinquishment of developer control shall require affirmative action, usually in the form of an election based upon one vote per lot.</P> <P>(vi) Reservations contained in United States land patents and similar Federal grants or reservations.</P> <P>(5) Prior to the sale the developer discloses in a written statement to the purchaser all qualifying liens, reservations, taxes, assessments and restrictions applicable to the lot purchased. The developer must obtain a written receipt from the purchaser acknowledging that the statement required by this subparagraph was delivered to the purchaser.</P> <P>(6) Prior to the sale the developer provides in a written statement good faith estimates of the cost to the purchaser of providing electric, water, sewer, gas and telephone service to the lot. The estimates for unsold lots must be updated every two years or more frequently if the developer has reason to believe that significant cost increases have occurred. The dates on which the estimates were made must be included in the statement. The developer must obtain a written receipt from the purchaser acknowledging that the statement required by this subparagraph was delivered to the purchaser.</P> <P>(b) <E T="03">Intrastate Exemption Statement.</E> To satisfy the requirements of paragraphs (a)(5) and (a)(6) of this section, an <PRTPAGE P="13"/>Intrastate Exemption Statement containing the information prescribed in each such paragraph shall be given to each purchaser. A State-approved disclosure document may be used to satisfy this requirement if all the information required by paragraphs (a)(5) and (a)(6) of this section is included in this disclosure. In such a case, the developer must obtain a written receipt from the purchaser and comply with all other requirements of the exemption. To be acceptable for purposes of the exemption, the statement(s) given to purchasers must contain neither advertising nor promotion on behalf of the developer or subdivision nor references to the U.S. Department of Housing and Urban Development. A sample Intrastate Exemption Statement is included in the exemption guidelines.</P> <P>(c) The sale must also comply with the anti-fraud provisions of § 1710.4 (b) and (c) of this part.</P> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31368, 31369, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.13</SECTNO> <SUBJECT>Metropolitan Statistical Area (MSA) exemption.</SUBJECT> <P>(a) <E T="03">Eligibility requirements.</E> The sale of a lot which meets the following requirements is exempt from registration requirements of the Act:</P> <P>(1) The lot is in a subdivision which contains fewer than 300 lots and has contained fewer than 300 lots since April 28, 1969.</P> <P>(2) The lot is located within a Metropolitan Statistical Area (MSA) as defined by the Office of Management and Budget and characterized in paragraph (b) of this section.</P> <P>(3) The principal residence of the purchaser is within the same MSA as the subdivision.</P> <P>(4) The purchaser or purchaser's spouse makes a personal on-the-lot inspection of the lot to be purchased prior to signing a contract or agreement.</P> <P>(5) Each contract—</P> <P>(i) Specifies the developer's and purchaser's responsibilities for providing and maintaining roads, water and sewer facilities and any existing or promised amenities;</P> <P>(ii) Contains a good faith estimate of the year in which the roads, water and sewer facilities and promised amenities will be completed;</P> <P>(iii) Contains a nonwaivable provision giving the purchaser the opportunity to revoke the contract until at least midnight of the seventh calendar day following the date the purchaser signed the contract, or, if the purchaser is entitled to a longer revocation period by operation of State law, that period becomes the Federal revocation period and the contract must reflect the requirements of the longer period.</P> <P>(6) The lot being sold must be free and clear of liens such as mortgages, deeds of trust, tax liens, mechanics' liens, or judgments. For purposes of this exemption, the term <E T="03">liens</E> does not include the following:</P> <P>(i) Mortgages or deeds of trust which contain release provisions for the individual lot purchased if—</P> <P>(A) The contract of sale obligates the developer to deliver, within 180 days, a warranty deed (or its equivalent under local law), which at the time of delivery is free from any monetary liens or encumbrances; and</P> <P>(B) The purchaser's payments are deposited in an escrow account independent of the developer until a deed is delivered.</P> <P>(ii) Liens which are subordinate to the leasehold interest and do not affect the lessee's right to use or enjoy the lot.</P> <P>(iii) Property reservations which are for the purpose of bringing public services to the land being developed, such as easements for water and sewer lines.</P> <P>(iv) Taxes or assessments which constitute liens before they are due and payable if imposed by a State or other public body having authority to assess and tax property or by a property owners' association.</P> <P>(v) Beneficial property restrictions that are mutually enforceable by the lot owners in the subdivision. Restrictions, whether separately recorded or incorporated into individual deeds, must be applied uniformly to every lot or group of lots. To be considered beneficial and enforceable, any restriction or covenant that imposes an assessment on lot owners must apply to the developer on the same basis as other lot owners. Developers who maintain <PRTPAGE P="14"/>control of a subdivision through a Property Owners' Association, Architectural Control Committee, restrictive covenants, or otherwise, shall transfer such control to the lot owners no later than when the developer ceases to own a majority of total lots in, or planned for, the subdivision. Relinquishment of developer control shall require affirmative action, usually in the form of an election based upon one vote per lot.</P> <P>(vi) Reservations contained in United States land patents and similar Federal grants or reservations.</P> <P>(7) Before the sale the developer gives a written MSA Exemption Statement to the purchaser and obtains a written receipt acknowledging that the statement was received. A sample MSA Exemption Statement is included in the exemption guidelines. A State-approved disclosure document may be used to satisfy this requirement if all of the information required by this section is included. The statement(s) given to purchasers must contain neither advertising nor promotion on behalf of the developer or the subdivision nor references to the U.S. Department of Housing and Urban Development. In descriptive and concise terms, the statement that the developer must give the purchaser shall disclose the following:</P> <P>(i) All liens, reservations, taxes, assessments, beneficial property restrictions which are enforceable by other lot owners in the subdivision, and adverse claims which are applicable to the lot to be purchased.</P> <P>(ii) Good faith estimates of the cost to the purchaser of providing electric, water, sewer, gas and telephone service to the lot. The estimates for unsold lots must be updated every two years, or more frequently if the developer has reason to believe that significant cost increases have occurred. The dates on which the estimates were made must be included in the statement.</P> <P>(8) The developer executes and gives to the purchaser a written instrument designating a person within the State of residence of the purchaser as the developer's agent for service of process. The developer must also acknowledge in writing that it submits to the legal jurisdiction of the State in which the purchaser or lessee resides.</P> <P>(9) The developer executes a written affirmation for each sale made under this exemption. By January 31 of each year, the developer submits to the Secretary a copy of the executed affirmation for each sale made during the preceding calendar year or a master affirmation in which are listed all purchasers' names and addresses and the identity of the lots purchased. Individual affirmations must be available for the Secretary's review at all times during the year.</P> <P>The affirmation must be in the following form: </P> <EXTRACT> <FP SOURCE="FP-DASH">Developer's Name</FP> <FP SOURCE="FP-DASH">Developer's Address</FP> <FP SOURCE="FP-DASH">Purchaser's Name(s)</FP> <FP SOURCE="FP-DASH">Purchaser's Address(es) (including county)</FP> <FP SOURCE="FP-DASH">Name of Subdivision</FP> <FP SOURCE="FP-DASH">Legal Description of Lot(s) Purchased</FP> <P>I hereby affirm that all of the requirements of the MSA exemption as set forth in 15 U.S.C. 1702(b)(8) and 24 CFR 1710.13 have been met in the sale or lease of the lot(s) described above.</P> <P>I also affirm that I submit to the jurisdiction of the Interstate Land Sales Full Disclosure Act with regard to the sale or lease cited above. </P> <FP SOURCE="FP-DASH">(Date)</FP> <FP SOURCE="FP-DASH">(Signature of Developer or Authorized Agent)</FP> <FP SOURCE="FP-DASH"/> <FP SOURCE="FP-DASH">(Title) </FP> </EXTRACT> <P>(b) <E T="03">Metropolitan Statistical Area.</E> Metropolitan Statistical Areas are defined by the Office of Management and Budget generally on the basis of population statistics reported in a census. To determine whether a subdivision is located within an MSA and the boundaries of an MSA, contact the Office of Information and Regulatory Affairs, Office of Management and Budget, 726 Jackson Place, NW., Washington, DC 20503.</P> <P>(c) The sale must also comply with the anti-fraud provisions of § 1710.4 (b) and (c).</P> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31369, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.14</SECTNO> <SUBJECT>Regulatory exemptions.</SUBJECT> <P>(a) <E T="03">Eligibility requirements.</E> The following transactions are exempt from the registration requirements of the <PRTPAGE P="15"/>Act unless the Secretary has terminated the exemption in accordance with paragraph (b) of this section.</P> <P>(1) The sale of lots, each of which will be sold for less than $100, including closing costs, if the purchaser will not be required to purchase more than one lot.</P> <P>(2) The lease of lots for a term not to exceed five years if the terms of the lease do not obligate the lessee to renew.</P> <P>(3) The sale of lots to a person who is engaged in a bona fide land sales business.</P> <P>(4) The sale of a lot to a person who owns the contiguous lot which has a residential, commercial or industrial building on it.</P> <P>(5) The sale of real estate to a government or government agency.</P> <P>(6) The sale of a lot to a person who has leased and resided primarily on the lot for at least the year preceeding the sale.</P> <P>(b) <E T="03">Termination.</E> If the Secretary has reasonable grounds to believe that exemption from the registration requirements in a particular case is not in the public interest, the Secretary may, after issuing a notice and giving the respondent an opportunity to request a hearing within fifteen days of receipt of the notice, terminate eligiblity for exemption. The basis for issuing a notice may be the conduct of the developer or agent, such as unlawful conduct or insolvency, or adverse information about the lots or real estate that should be disclosed to the purchasers. Proceedings will be governed by § 1720.238.</P> <P>(c) The sale must also comply with the anti-fraud provisions of § 1710.4 (b) and (c) of this part.</P> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31370, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.15</SECTNO> <SUBJECT>Regulatory exemption—multiple site subdivision—determination required.</SUBJECT> <P>(a) <E T="03">General.</E> (1) The sale of lots contained in multiple sites of fewer than 100 lots each, offered pursuant to a single common promotional plan, is exempt from the registration requirements.</P> <P>(2) For purposes of this exemption, the sale of lots in an individual site that exceeds 99 lots is not exempt from registration. Likewise, the sale of lots in a site containing fewer than 100 lots, where the developer either owns contiguous land or holds an option or other evidence of intent to acquire contiguous land which, when taken cumulatively, would or could result in one site of 100 or more lots, is not exempt from registration. Furthermore, the sale of lots that are within a subdivision established by a separate developer is not exempt from registration by this provision.</P> <P>(b) <E T="03">Eligibility requirements.</E> The sale of each lot must meet the following requirements to be eligible for this exemption.</P> <P>(1) The lot is sold “as is” with all advertised improvements and amenities completed and in the condition advertised.</P> <P>(2) The lot is in conformance with all local codes and standards.</P> <P>(3) The lot is accessible, both legally and physically. For lots which are advertised or otherwise represented as “residential”, either primary or secondary, with any inference that a permanent or temporary dwelling unit of any description (excluding collapsible tents) can be built or installed, physical access must be available by automobile, pick-up truck or equivalent “on-road” vehicle.</P> <P>(4) At the time of closing, a title insurance binder or title opinion reflecting the condition of title must be issued to the purchaser showing that, subject only to exceptions approved in writing by the purchaser at the time of closing, marketable title is vested in the seller.</P> <P>(5) Each contract or agreement and any promissory notes—</P> <P>(i) Contain the following non-waivable provision in bold face type (which must be distinguished from the type used for the rest of the document) on the face or signature page above all signatures: </P> <EXTRACT> <P>You have the option to cancel your contract or agreement of sale by notice to the seller until midnight of the seventh day following the date of signing of the contract or agreement.</P> <P>If you did not receive a Lot Information Statement prepared pursuant to the rules and regulations of the Interstate Land Sales Registration Division, U.S. Department of <PRTPAGE P="16"/>Housing and Urban Development, in advance of your signing the contract or agreement, the contract or agreement of sale may be cancelled at your option for two years from the date of signing.</P> </EXTRACT> <FP>If the purchaser is entitled to a longer revocation period by operation of state or local law, that period becomes the Federal revocation period and the contract must reflect the requirement of the longer period rather than the seven days. The revocation provisions may not be limited or qualified in the contract or other document by requiring a specific type of notice or by requiring that notice be given at a specified place.</FP> <P>(ii) Obligate the developer to deliver, within 180 days, a warranty deed (or its equivalent under local law) for the lot which at the time of delivery is free from any monetary liens or encumbrances.</P> <P>(6) The purchaser or purchaser's spouse makes a personal on-the-lot inspection of the lot to be purchased before signing a contract.</P> <P>(7) The purchaser's payments are deposited in an escrow account independent of the developer until a deed is delivered.</P> <P>(8) Prior to the purchaser signing a contract or agreement of sale, the developer discloses in a written Lot Information Statement all liens, reservations, taxes, assessments, easements and restrictions applicable to the lot purchased (see paragraph (b)(11) of this section).</P> <P>(9) Prior to the purchaser signing a contract or agreement of sale, the developer discloses in a written Lot Information Statement the name, address and telephone number of the local governmental agency or agencies from which information on permits or other requirements for water, sewer and electrical installations can be obtained. This Statement will also contain the name, address and telephone number of the suppliers which would or could provide the foregoing services.</P> <P>(10) The lot sale must comply with the anti-fraud provisions of 24 CFR 1710.4 (b) and (c) and the sales practices and standards in 24 CFR 1715.10 through 1715.28.</P> <P>(11) A written Lot Information Statement must be delivered to, and acknowledged by, each purchaser prior to his or her signing a contract or agreement of sale, and must contain the information shown in the format below. The Statement must be typed or printed in at least 10 point font. A copy of the acknowledgement will be maintained by the developer for three years and will be made available to OILSR upon request. If the Statement is not delivered as required, the contract or agreement of sale may be revoked and a full refund paid, at the option of the purchaser, within two years of the signing date and the contract or agreement of sale will clearly provide this right.</P> <EXTRACT> <HD SOURCE="HD1">Sample Format</HD> <P>(Use of the following headings and first paragraph are mandatory.)</P> <HD SOURCE="HD2">Lot Information Statement</HD> <HD SOURCE="HD2">Important: Read Carefully Before Signing Anything</HD> <P>The developer has obtained a regulatory exemption from registration under the Interstate Land Sales Full Disclosure Act. One requirement of that exemption is that you must receive this Statement prior to the time you sign an agreement (contract) to purchase a lot.</P> <HD SOURCE="HD3">Right to Cancel</HD> <P>(Under this heading the developer is to state the specific rescission rights provided for in the contract pursuant to 1710.15(b)(5)(i)).</P> <HD SOURCE="HD3">Risk of Buying Land</HD> <P>(Under this heading the developer is to list the following information:)</P> <P>There are certain risks in purchasing real estate that you should be aware of. The following are some of those risks:</P> <P>The future value of land is uncertain and dependent upon many factors. Do not expect all land to automatically increase in value.</P> <P>Any value which your lot may have will be affected if roads, utilities and/or amenities cannot be completed or maintained.</P> <P>Any development will likely have some impact on the surrounding environment. Development which adversely affects the environment may cause governmental agencies to impose restriction on the use of the land.</P> <P>In the purchase of real estate, many technical requirements must be met to assure that you receive proper title and that you will be able to use the land for its intended purpose. Since this purchase involves a <PRTPAGE P="17"/>major expenditure of money, it is recommended that you seek professional advice before you obligate yourself.</P> <P>If adequate provisions have not been made for maintenance of the roads or if the land is not served by publicly maintained roads, you may have to maintain the roads at your expense.</P> <P>If the land is not served by a central sewage system and/or water system, you should contact the local authorities to determine whether a permit will be given for an on-site sewage disposal system and/or well and whether there is an adequate supply of water. You should also become familiar with the requirements for, and the cost of, obtaining electrical service to the lot.</P> <HD SOURCE="HD3">Developer Information</HD> <P>(Under this heading the developer is to list the following information:) </P> <FP SOURCE="FP-DASH">Developer's Name:</FP> <FP SOURCE="FP-DASH">Address:</FP> <FP SOURCE="FP-DASH">Telephone Number:</FP> <HD SOURCE="HD3">Lot Information</HD> <P>(Under this heading the developer is to list the following information:) </P> <FP SOURCE="FP-DASH">Lot Location:</FP> <P>(Enter a statement disclosing all liens, reservations, taxes, assessments, easements and restrictions applicable to the lot. A copy of the restrictions may be attached in lieu of recitation.)</P> <HD SOURCE="HD3">Suppliers of Utilities and Issuers of Permits</HD> <P>(Under this heading the developer is to list the name, address and phone number of the appropriate governmental agency or agencies, if any, that will provide information on permits or other requirements for water, sewer and electrical installations. The information will also contain the name, address and telephone number of the suppliers of such utilities which can provide information to the purchaser on costs and availability of such services. A chart similar to the one below may be used to supply this information.</P> <P>Listed below are contact points for determining permit requirements, if any, and to obtain information on approximate costs and availability for the listed services:</P> <GPOTABLE CDEF="s10,12,12" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1"/> <CHED H="1">Name, Address and Telephone Number of</CHED> <CHED H="2">Governmental agency</CHED> <CHED H="2">Supplier</CHED> </BOXHD> <ROW> <ENT I="01">Water</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Sewer</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Electricity</ENT> <ENT/> <ENT/> </ROW> </GPOTABLE> <P>If misrepresentations are made in the sale of this lot to you, you may have rights under the Interstate Land Sales Full Disclosure Act. If you have evidence of any scheme, artifice or device used to defraud you, you may wish to contact: Interstate Land Sales Registration Division, HUD Building, Room 6278, 451 Seventh Street, SW., Washington, DC 20410.</P> <P>(The Receipt is to be in the following form:)</P> <HD SOURCE="HD1">Sample Receipt For Lot Information Statement</HD> <FP SOURCE="FP-DASH">Purchaser (print or type):</FP> <FP SOURCE="FP-DASH">Date:</FP> <FP SOURCE="FP-DASH">Signature of purchaser:</FP> <FP SOURCE="FP-DASH">Street Address:</FP> <FP SOURCE="FP-DASH">City:</FP> <FP SOURCE="FP-DASH">State:</FP> <FP SOURCE="FP-DASH">Zip:</FP> <FP SOURCE="FP-DASH">Name of salesperson (print or type):</FP> <FP SOURCE="FP-DASH">Signature of salesperson:</FP> </EXTRACT> <P>(c) <E T="03">Request for Multiple Site Subdivision Exemption.</E> (1) The developer must file a request for the Multiple Site Subdivision Exemption in the following format. The request must be accompanied by a filing fee of $500 (prepared in accordance with § 1710.35 (a)) and a sample Lot Information Statement.</P> <EXTRACT> <HD SOURCE="HD1">Request for Multiple Site Subdivision Exemption</HD> <P>Developer:</P> <FP SOURCE="FP-DASH">Name:</FP> <FP SOURCE="FP-DASH">Address:</FP> <FP SOURCE="FP-DASH">Telephone No.:</FP> <P>Agent:</P> <FP SOURCE="FP-DASH">Name:</FP> <FP SOURCE="FP-DASH">Address:</FP> <FP SOURCE="FP-DASH">Telephone No.:</FP> <P>(Insert a general description of the developer's method of operation.)</P> <P>I affirm that I am, or will be the developer of the property and/or method of operation described above.</P> <P>I affirm that the lots in said property will be sold in compliance with all of the requirements of 24 CFR 1710.15.</P> <P>I further affirm that the statements contained in all documents submitted with this request for an Exemption Order are true and complete.</P> <FP SOURCE="FP-DASH">Date:</FP> <FP SOURCE="FP-DASH">Signature:</FP> <FP SOURCE="FP-DASH">Title:</FP> <P> <E T="04">Warning:</E> 18 U.S.C. 1001 provides, among other things, that whoever knowingly and willingly makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than 5 years or both.</P> </EXTRACT> <PRTPAGE P="18"/> <P>(2) This exemption will become effective upon issuance of an Exemption Order by the Secretary.</P> <P>(d) <E T="03">Annual Report.</E> (1) By January 31 of each year the developer will send a report to the Secretary listing each site and its location available for a sale pursuant to the exemption during the preceding year and indicate the number of lot sales made in each site. The report will describe any changes in the information provided in the Request for the Multiple Site Subdivision Exemption or contain a statement that there are no changes.</P> <P>(2) The Annual Report must be accompanied by a filing fee of $100.</P> <P>(3) The Annual Report must be signed and dated by the developer, attesting to its completeness and accuracy.</P> <P>(4) Failure to submit the Annual Report within ten days after the receipt of notice from the Secretary will automatically terminate eligibility for the exemption as of the Report due date.</P> <P>(e) <E T="03">Termination.</E> If, subsequent to the issuance of an Exemption Order, the Secretary has reasonable grounds to believe that exemption from the registration requirements in the particular case is not in the public interest, the Secretary may, after issuing a notice and giving the respondent an opportunity to request a hearing within fifteen days of receipt of the notice, terminate the exemption order. The basis for issuing a notice may be apparent omissions or misrepresentations in the documents submitted to the Secretary, the conduct of the developer or agent, such as unlawful conduct or insolvency, or adverse information about the real estate that should be disclosed to purchasers. Proceedings will be governed by 24 CFR 1720.238.</P> <CITA>[54 FR 40866, Oct. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.16</SECTNO> <SUBJECT>Regulatory exemption—determination required.</SUBJECT> <P>(a) <E T="03">General.</E> The Secretary may exempt from the registration requirements of the Act any subdivision or lots in a subdivision by issuing an order in writing if it is determined that registration is not necessary in the public interest and for the protection of purchasers on the basis of the small amount or limited character of the offering and the requirements contained in paragraph (b) of this section.</P> <P>(b) <E T="03">Eligibility requirements.</E> An exemption order may be issued at the discretion of the Secretary on the basis of the small amount or limited character of the offering if the following requirements are met:</P> <P>(1) The subdivision or sales substantially meet the requirements of one of the exemptions available under this chapter.</P> <P>(2) Each contract—</P> <P>(i) Specifies the developer's and purchaser's responsibilities for providing and maintaining roads, water and sewer facilities and any existing or promised amenities;</P> <P>(ii) Contains a good faith estimate of the year in which the roads, water and sewer facilities and promised amenities will be completed;</P> <P>(iii) Contains a non-waivable provision giving the purchaser the opportunity to revoke the contract until at least midnight of the seventh calendar day following the date the purchaser signed the contract. If the purchaser is entitled to a longer revocation period by operation of State law, that period becomes the Federal revocation period and the contract must reflect the requirements of the longer period.</P> <P>(iv) Contains a provision that obligates the developer to deliver to the purchaser within 180 days of the date the purchaser signed the sales contract, a warranty deed, or its equivalent under local law, which at the time of delivery is free from any monetary liens or encumbrances.</P> <P>(3) The purchaser or purchaser's spouse makes a personal on-the-lot inspection of the lot to be purchased before signing a contract.</P> <P>(4) The developer files a request for an exemption order and supporting documentation in accordance with paragraphs (c) and (d) of this section and submits a filing fee of $500.00 in accordance with § 1710.35(a) of this part. This fee is not refundable.</P> <P>(c) <E T="03">Request.</E> The request for an Exemption Order must be in the following format:</P> <EXTRACT> <HD SOURCE="HD1">Request for Exemption Order</HD> <FP SOURCE="FP-DASH">Subdivision</FP> <FP SOURCE="FP-DASH">Location (including county)</FP> <FP SOURCE="FP-DASH">Developer<PRTPAGE P="19"/> </FP> <FP SOURCE="FP-DASH">Address</FP> <FP SOURCE="FP-DASH">Authorized Agent or President of Developer</FP> <FP SOURCE="FP-DASH"/> <FP SOURCE="FP-DASH">Address</FP> <FP SOURCE="FP-DASH">Number of Lots Subject to Exemption Request</FP> <FP SOURCE="FP-DASH">Description of Lots (list lot and block number or other identifying designation)</FP> <FP SOURCE="FP-DASH"/> <P>I affirm that I am the developer or owner of the property described above or will be the developer or owner at the time the lots are offered for sale to the public, or that I am the agent authorized by the developer or owner to complete this statement.</P> <P>I further affirm that the statements contained in all documents submitted with the request for an exemption order are true and complete. </P> <FP SOURCE="FP-DASH"/> <FP>(Date)</FP> <FP SOURCE="FP-DASH"/> <FP>(Signature of Developer, Owner or Authorized Agent)</FP> <FP SOURCE="FP-DASH"/> <FP>(Title)</FP> <P> <E T="04">Warning:</E> Section 1418 of the Housing and Urban Development Act of 1968 (83 Stat. 598, 15 U.S.C. 1717 as amended) provides: “any person who willfully violates any of the provisions of this title or the rules and regulations prescribed pursuant thereto * * *, shall upon conviction be fined not more than $10,000.00 or imprisoned not more than five years, or both.”</P> </EXTRACT> <P>(d) <E T="03">Supporting documentation.</E> A request for an exemption order must be accompanied by the following documentation:</P> <P>(1) A plat of the entire subdivision with the lots subject to the exemption request delineated thereon.</P> <P>(2) A copy of the contract to be used.</P> <P>(3) A clear and specific statement detailing how the proposed sales of lots subject to the exemption request substantially complies with one of the available exemption provisions.</P> <P>(4) A description of the method by which the lots have been and will be promoted and to which population centers the promotion has been and will be directed.</P> <P>(e) The sale must also comply with the anti-fraud provisions of § 1710.4 (b) and (c) of this part.</P> <P>(f) <E T="03">Termination.</E> If, subsequent to the issuance of an exemption order, the Secretary has reasonable grounds to believe that exemption from the registration requirements in the particular case is not in the public interest, the Secretary may, after issuing a notice and giving the respondent an opportunity to request a hearing within fifteen days of receipt of the notice, terminate the exemption order. The basis for issuing a notice may be apparent omissions or misrepresentations in the documents submitted to the Secretary, the conduct of the developer or agent, such as unlawful conduct or insolvency, or adverse information about the real estate that should be disclosed to purchasers. Proceedings will be governed by § 1720.238.</P> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31370, 31373, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.17</SECTNO> <SUBJECT>Advisory opinion.</SUBJECT> <P>(a) <E T="03">General.</E> A developer may request an opinion from the Secretary as to whether an offering qualifies for an exemption or is subject to the jurisdiction of the Act.</P> <P>(b) <E T="03">Requirements.</E> All requests for Advisory Opinions must be accompanied by the following:</P> <P>(1) A $500.00 filing fee submitted in accordance with § 1710.35(a). This fee is not refundable.</P> <P>(2) A comprehensive description of the conditions and operations of the offering. There is no prescribed format for submitting this information, but the developer should at least cite the applicable statutory or regulatory basis for the exemption or lack of jurisdiction and thoroughly explain how the offering either satisfies the requirements for exemption or falls outside the purview of the Act.</P> <P>(3) An affirmation as shown below:</P> <EXTRACT> <HD SOURCE="HD2">Developer's Affirmation</HD> <FP SOURCE="FP-DASH">Name of Subdivision</FP> <FP SOURCE="FP-DASH">Location (Including County and State)</FP> <FP SOURCE="FP-DASH">Name of Developer</FP> <FP SOURCE="FP-DASH">Address of Developer</FP> <FP SOURCE="FP-DASH">Name of Agent</FP> <FP SOURCE="FP-DASH">Address of Agent</FP> <FP SOURCE="FP-DASH">Number of Lots in Subdivision</FP> <FP SOURCE="FP-DASH">Number of Acres in Subdivision</FP> <P>I affirm that I am the developer or owner of the property described above or will be the developer or owner at the time the lots are offered for sale to the public, or that I am the agent authorized by the developer or owner to complete this statement.</P> <P>I further affirm that the statements contained in all documents submitted with the request for an Advisory Opinion are true and complete. <PRTPAGE P="20"/> </P> <FP SOURCE="FP-DASH"/> <FP>(Date)</FP> <FP SOURCE="FP-DASH"/> <FP>(Signature)</FP> <FP SOURCE="FP-DASH"/> <FP>(Title)</FP> <P> <E T="04">Warning:</E> Section 1418 of the Housing and Urban Development Act of 1968 (83 Stat. 598, 15 U.S.C. 1717 as amended) provides: “Any person who willfully violates any of the provisions of this title or the rules and regulations prescribed pursuant thereto * * *, shall upon conviction be fined not more than $10,000.00 or imprisoned not more than five years, or both.”</P> </EXTRACT> <CITA>[45 FR 40479, June 13, 1980, as amended at 49 FR 31370, 31373, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.18</SECTNO> <SUBJECT>No action letter.</SUBJECT> <P>(a) If the sale of lots is subject to the registration requirements of the Act but the circumstances of the sale are such that no affirmative action to enforce the registration requirements is needed to protect the public interest or prospective purchasers, the Secretary may issue a No Action Letter.</P> <P>(b) To obtain a No Action Letter a developer must submit a request which includes a thorough description of the proposed transaction, the property involved, and the circumstances surrounding the sale.</P> <P>(c) The issuance of a No Action Letter will not affect any right which a purchaser has under the Act, and it will not limit future action by the Secretary if there is evidence to show that affirmative action is necessary to protect the public interest or prospective purchasers. In no event will a No Action Letter be issued after the sale has occurred.</P> <CITA>[45 FR 40479, June 13, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.20</SECTNO> <SUBJECT>Requirements for registering a subdivision—Statement of Record—filing and form.</SUBJECT> <P>(a) <E T="03">Filing.</E> In order to register a subdivision and receive an effective date, the developer or owner of the subdivision must file a Statement of Record with the Secretary. The official address to be used is: </P> <EXTRACT> <FP SOURCE="FP-1">Office of Interstate Land Sales Registration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410.</FP> </EXTRACT> <FP>When the Statement of Record is filed, a fee in the amount set out in § 1710.35(b) must be paid in accordance with § 1710.35(a).</FP> <P>(b) <E T="03">Form.</E> The Statement of Record shall be in the format specified in § 1710.100 and shall be completed in accordance with the instructions in §§ 1710.102, 1710.105 through 1710.118, 1710.200, 1710.208 through 1710.216 and 1710.219. It shall be supported by the documents required by §§ 1710.208 through 1710.216 and 1710.219. It shall include any other information or documents which the Secretary may require as being necessary or appropriate for the protection of purchasers.</P> <P>(c) <E T="03">State filings.</E> A Statement of Record submitted under the provisions of 24 CFR part 1710, subpart C—Certification of Substantially Equivalent State Law, shall consist of the materials designated by the Certification Agreement between the Secretary and the certified State in which the subdivision is located.</P> <SECAUTH>(Pub. L. 90-448, 82 Stat. 476, 590; 15 U.S.C. 1701 <E T="03">et seq.</E>)</SECAUTH> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 50 FR 10942, Mar. 19, 1985; 63 FR 54332, Oct. 8, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.21</SECTNO> <SUBJECT>Effective dates.</SUBJECT> <P>(a) <E T="03">General.</E> The effective date of an initial, consolidated or amended Statement of Record is the 30th day after the filing of the latest amendatory material unless the Secretary notifies the developer in writing prior to such 30th day that:</P> <P>(1) The effective date has been suspended in accordance with § 1710.45(a), or</P> <P>(2) An earlier effective date has been determined.</P> <P>(b) <E T="03">Suspension of effective date by developer.</E> (1) A developer, or owner, may request that the effective date of its Statement of Record be suspended, provided there are no administrative proceedings pending against either of them at the time the request is submitted. The request must include any consolidations or amendments which have been made to the initial Statement of Record. Forms for this purpose will be furnished by the Secretary upon request.<PRTPAGE P="21"/> </P> <P>(2) Upon acceptance by the Secretary, the effectiveness of the Statement of Record shall be suspended as of the date the request was executed by the developer or owner.</P> <P>(3) The suspension shall continue until the developer, or owner, submits all amendments necessary to bring the registration into full compliance with the Regulations which are in effect on the date of the amendments and the Secretary allows those amendments to become effective.</P> <SECAUTH>(Pub. L. 90-448, 82 Stat. 476, 590; 15 U.S.C. 1701 <E T="03">et seq.</E>)</SECAUTH> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 49 FR 31370, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.22</SECTNO> <SUBJECT>Statement of record—initial or consolidated.</SUBJECT> <P>(a) <E T="03">Initial Statement of Record.</E> (1) Except in the case of exempt transactions, an initial Statement of Record shall be filed, and an effective date issued, prior to selling or leasing any lot in a subdivision.</P> <P>(2) If a developer buys from another developer 100 or more lots from an existing registration, the new developer, or owner, may have to submit a new initial Statement of Record and receive an effective date covering the acquired lots prior to selling or leasing any of those lots.</P> <P>(3) Changes in principals due to a sale of stock in a corporation or changes in partners or joint venturers which are accomplished in accordance with the partnership or joint venture agreement but which do not cause a change in the title to the land in the subdivision may be submitted as an amendment.</P> <P>(4) Any initial Statement of Record must be accompanied by a fee, as specified in § 1710.35(b), based upon the number of lots sought to be registered.</P> <P>(b) <E T="03">Consolidated Statement of Record.</E> (1) If the developer intends to sell or lease additional lots as part of the same common promotional plan with lots already registered, a consolidated Statement of Record may be submitted for the additional lots. A fee, as specified in § 1710.35(b) and based on the number of additional lots, must accompany the submission. The additional lots may not be sold or leased until a new effective date is issued.</P> <P>(2) If the additional lots are simply the result of a replatting of lots previously registered and enumerated in the Property Report and do not include any additional land, the change may be made by an amendment. However, the amendment must be accompanied by a fee, as specified in § 1710.35(b), based on the number of additional lots.</P> <P>(c) <E T="03">Consolidated Statement of Record—Form.</E> A consolidated Statement of Record shall contain:</P> <P>(1) Those pages of the Property Report portion and Additional Information and Documention portion which contain changes which have occurred since the last effective submission, and</P> <P>(2) A recapitulation or listing of each of the section headings, and subheadings if necessary, of the Additional Information and Documentation portion. Each item of the listing shall contain a statement as to whether or not any change is made in the section; whether any new or additional information is being submitted and, if documentation is incorporated by cross reference, the previous submission in which that documentation may be found, and</P> <P>(3) Documentation to support the additional lots (e.g., plat maps, topographic maps and general plan to reflect new lots, title information, permits for additional facilities, financial assurances of completion of additional facilities, financial statements) or updated or expanded documents in support of previous submissions, and</P> <P>(4) The affirmation required by § 1710.219.</P> <FP>Pages having no changes and documents in previous submissions which apply equally to the additional lots may be incorporated by reference. However, the developer may, at its option, submit the entire format for an initial filing, including copies of previously submitted documents, to expedite the examination process.</FP> <P>(d) <E T="03">Consolidated Statement of Record amends prior Statement of Record.</E> A Consolidated Statement of Record shall contain all applicable information for all registered lots in the subdivision except those deleted pursuant to other provisions in these regulations. The resulting Property Report shall be used for all sales in the subdivision, except <PRTPAGE P="22"/>for those transactions which are exempt from the provisions of the Act or which have been granted an exempt status by the Secretary, unless the Secretary has specifically authorized the use of multiple Property Reports.</P> <P>(e) <E T="03">Initial Statement of Record—when prior approval to submit is required.</E> In those subdivisions where there is a disparity between the lots already registered and those sought to be registered because of location, terrain, proposed use of the lots or the amenities to be furnished or available, the developer may present a resume of the differences and request the Secretary's permission to file a separate initial Statement of Record for the additional lots. Upon consideration of the facts submitted, the Secretary may allow such a procedure.</P> <P>(f) <E T="03">Lots which have been deleted from registration.</E> Should the developer, for any reason, delete by amendment any registered lots from an effective Statement of Record, those lots must be reregistered by a consolidation and a new effective date issued, before they can be sold or leased. An appropriate fee must accompany the submission.</P> <P>(g) <E T="03">Lots sold to individual purchasers.</E> It is not necessary to delete from the registration those lots which have been sold to individual purchasers for their own use.</P> <SECAUTH>(Pub. L. 90-448, 82 Stat. 476, 590; 15 U.S.C. 1701 <E T="03">et seq.</E>)</SECAUTH> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 45 FR 40488, June 13, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.23</SECTNO> <SUBJECT>Amendment—filing and form.</SUBJECT> <P>(a) <E T="03">Filing.</E> If any change occurs in any representation of material fact required to be stated in an effective Statement of Record, an amendment shall be filed. The amendment shall be filed within 15 days of the date on which the developer knows, or should have known, that there has been a change in material fact.</P> <P>(b) <E T="03">Form.</E> An amendment shall incorporate by reference the prior Statement of Record except for any changes in material fact. A change in material fact shall be specifically described and supported by the same documentation which would be required for an initial submission. Any amendment shall be accompanied by:</P> <P>(1) A letter from the developer giving a clear and concise description of the purpose and significance of the amendment and referring to the section and page of the Statement of Record which is being amended, and</P> <P>(2) All pages of the Statement of Record, which have been amended, retyped in the required format to reflect the changes. The OILSR number of the Statement of Record shall appear at the top of each page of the material submitted.</P> <P>(c) <E T="03">Amendments to suspended filings.</E> Developers wishing to reactivate a suspended filing shall file the following:</P> <P>(1) Any amendments necessary to bring the filing into compliance, submitted in accordance with paragraphs (a) and (b) of this section;</P> <P>(2) An activity report in the form prescribed by § 1710.310; and</P> <P>(3) An amendment fee, if required under § 1710.35(d)(2).</P> <SECAUTH>(Pub. L. 90-448, 82 Stat. 476, 590; 15 U.S.C. 1701 <E T="03">et seq.</E>)</SECAUTH> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 49 FR 31373, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.29</SECTNO> <SUBJECT>Use of property report—mis-statements, omissions or representation of HUD approval prohibited.</SUBJECT> <P>Nothing is these regulations shall be construed to authorize or approve the use of a property report containing any untrue statement of a material fact or omitting to state a material fact required to be stated therein. Nor shall anything in these regulations be construed to authorize or permit any representation that the Property Report is prepared or approved by the Secretary, OILSR or the Department of Housing and Urban Development.</P> <SECAUTH>(Pub. L. 90-448, 82 Stat. 476, 590; 15 U.S.C. 1701 <E T="03">et seq.</E>)</SECAUTH> <CITA>[44 FR 21453, Apr. 10, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.35</SECTNO> <SUBJECT>Payment of fees.</SUBJECT> <P>(a) <E T="03">Method of payment</E>. (1) Each fee must be paid by:</P> <P>(i) Certified check, cashier's check, or postal money order made payable to the Treasurer of the United States, with the registration number, when known, and the name, of the subdivision on the face of the check, and <PRTPAGE P="23"/>mailed to an address specified by the Secretary; or</P> <P>(ii) Electronic payment in a manner specified by the Secretary.</P> <P>(2) Information regarding the current mailing address or electronic payment procedures is available from: HUD, Office of Interstate Land Sales/RESPA Division, Room 9156, 451 7th St., SW., Washington, DC 20410.</P> <P>(b) <E T="03">Fees for registration.</E> The fee for each initial and consolidated registration is set forth in the following schedule:</P> <GPOTABLE CDEF="s50,7" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Number of lots</CHED> <CHED H="1">Fees</CHED> </BOXHD> <ROW> <ENT I="01">200 or fewer lots</ENT> <ENT>$800</ENT> </ROW> <ROW> <ENT I="01">201 or more lots</ENT> <ENT>$1,000</ENT> </ROW> </GPOTABLE> <P>(c) <E T="03">Fee for Exemption Order or Advisory Opinion.</E> The filing fee for an Exemption Order or an Advisory Opinion (§ 1710.16 or § 1710.17) is $500. This fee is not refundable.</P> <P>(d) <E T="03">Amendment fee.</E> (1) A fee of $800 is charged when an Annual Activity Report reflects an annual ending inventory of 101 or more unsold registered lots.</P> <P>(2) A fee of $800 is charged for an amendment to reactivate a Statement of Record subsequent to its suspension, unless the developer has 100 or fewer unsold lots included in the Statement of Record.</P> <SECAUTH>(Pub. L. 90-448, 82 Stat. 476, 590; 15 U.S.C. 1701 <E T="03">et seq.</E>)</SECAUTH> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 49 FR 31373, Aug. 6, 1984; 63 FR 54332, Oct. 8, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.45</SECTNO> <SUBJECT>Suspensions.</SUBJECT> <P>(a) <E T="03">Suspension notice—prior to effective date.</E> (1) If it appears to the Secretary that a Statement of Record or an amendment is on its face incomplete or inaccurate in any material respect, the Secretary shall so advise the developer, by issuing a suspension notice, within a reasonable time after the filing of such materials but prior to the time the materials would otherwise be effective.</P> <P>(2) A suspension notice issued pursuant to this subsection shall suspend the effective date of the Statement of Record or the amendment. It shall continue in effect until 30 days, or such earlier date as the Secretary may determine, after the necessary amendments are submitted which correct all deficiencies cited in the notice.</P> <P>(3) Upon receipt of a suspension notice, the developer has 15 days in which to request a hearing. If a hearing is requested, it shall be held within 20 days of the receipt of the request by the Secretary.</P> <P>(b) <E T="03">Suspension orders—subsequent to effective date.</E> (1) A notice of proceedings to suspend an effective Statement of Record may be issued to a developer if the Secretary has reasonable grounds to believe that an effective Statement of Record includes an untrue statement of a material fact, or omits a material fact required by the Act or rules and regulations, or omits a material fact which is necessary to make the statements therein not misleading. The Secretary may, after notice, and after opportunity for a hearing requested pursuant to § 1720.220 within 15 days of receipt of such notice, issue an order suspending the Statement of Record. In the event that a suspension order is issued, such order shall remain in effect until the developer has amended the Statement of Record or otherwise complied with the requirements of the order. When the developer has complied with the requirements of the order, the Secretary shall so declare and thereupon the suspension order shall cease to be effective.</P> <P>(2) If the Secretary undertakes an examination of a developer or its records to determine whether a suspension order should be issued, and the developer fails to cooperate with the Secretary or obstructs, or refuses to permit the Secretary to make such examination, the Secretary may issue an order suspending the Statement of Record. Such order shall remain in effect until the developer has complied with the requirements of the order. When the developer has complied with the requirements of the order, the Secretary shall so declare and thereupon the suspension order shall cease to be effective. In accordance with the procedure described in § 1720.235, a hearing may be requested.</P> <P>(3) Upon receipt of an amendment to an effective Statement of Record, the Secretary may issue an order suspending the Statement of Record until <PRTPAGE P="24"/>the amendment becomes effective if the Secretary has reasonable grounds to believe that such action is necessary or appropriate in the public interest or for the protection of purchasers. In accordance with the procedure described in § 1720.235, a hearing may be requested.</P> <P>(4) Suspension orders issued pursuant to this subsection shall operate to suspend the Statement of Record as of the date the order is either served on the developer or its registered agent or is delivered by certified or registered mail to the address of the developer or its authorized agent.</P> <SECAUTH>(Pub. L. 90-448, 82 Stat. 476, 590; 15 U.S.C. 1701 <E T="03">et seq.</E>)</SECAUTH> <CITA>[44 FR 21453, Apr. 10, 1979]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Reporting Requirements</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>Pub. L. 90-448, 82 Stat. 476, 590; 15 U.S.C. 1701 <E T="03">et seq.</E>, unless otherwise noted.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>44 FR 21453, Apr. 10, 1979, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 1710.100</SECTNO> <SUBJECT>Statement of Record—format.</SUBJECT> <P>(a) The Statement of Record consists of two portions; the Property Report portion and the Additional Information and Documentation portion.</P> <P>(b) General format. The Statement of Record shall be prepared in accordance with the following format:</P> <EXTRACT> <HD SOURCE="HD1">Property Report</HD> <HD SOURCE="HD2">Heading <E T="01">and</E> <E T="03">Section Number</E> </HD> <LDRWK> <FL-2>Cover Sheet</FL-2> <LDRFIG>1710.105</LDRFIG> <FL-2>Table of Contents</FL-2> <LDRFIG>1710.106</LDRFIG> <FL-2>Risks of Buying Land, Warnings</FL-2> <LDRFIG>1710.107</LDRFIG> <FL-2>General Information</FL-2> <LDRFIG>1710.108</LDRFIG> <FL-2>Title and Land Use</FL-2> <LDRFIG>1710.109</LDRFIG> </LDRWK> <P>(a) General Instructions</P> <P>(b) Method of Sale</P> <P>(c) Encumbrances, Mortgages and Liens</P> <P>(d) Recording the Contract and Deed</P> <P>(e) Payments</P> <P>(f) Restrictions</P> <P>(g) Plats, Zoning, Surveying, Permits, Environment </P> <LDRWK> <FL-2>Roads</FL-2> <LDRFIG>1710.110</LDRFIG> <FL-2>Utilities</FL-2> <LDRFIG>1710.111</LDRFIG> </LDRWK> <P>(a) Water</P> <P>(b) Sewer</P> <P>(c) Electricity</P> <P>(d) Telephone</P> <P>(e) Fuel or other Energy Source </P> <LDRWK> <FL-2>Financial Information</FL-2> <LDRFIG>1710.112</LDRFIG> <FL-2>Local Services</FL-2> <LDRFIG>1710.113</LDRFIG> <FL-2>Recreational Facilities</FL-2> <LDRFIG>1710.114</LDRFIG> <FL-2>Subdivision Characteristics and Climate</FL-2> <LDRFIG>1710.115</LDRFIG> </LDRWK> <P>(a) General Topography</P> <P>(b) Water Coverage</P> <P>(c) Drainage and Fill</P> <P>(d) Flood Plain</P> <P>(e) Flooding and Soil Erosion</P> <P>(f) Nuisances</P> <P>(g) Hazards</P> <P>(h) Climate</P> <P>(i) Occupancy </P> <LDRWK> <FL-2>Additional Information</FL-2> <LDRFIG>1710.116</LDRFIG> </LDRWK> <P>(a) Property Owners' Association</P> <P>(b) Taxes</P> <P>(c) Violations and Litigation</P> <P>(d) Resale or Exchange Program</P> <P>(e) Unusual Situations</P> <P>1. Leases</P> <P>2. Foreign Subdivision</P> <P>3. Time Sharing</P> <P>4. Membership</P> <P>(f) Equal Opportunity in Lot Sales</P> <P>(g) Listing of lots </P> <LDRWK> <FL-2>Cost Sheet</FL-2> <LDRFIG>1710.117</LDRFIG> <FL-2>Receipt, Agent Certification and Cancellation Page</FL-2> <LDRFIG>1710.118</LDRFIG> </LDRWK> <HD SOURCE="HD1">Additional Information and Documentation</HD> <LDRWK> <FL-2>General Information</FL-2> <LDRFIG>1710.208</LDRFIG> <FL-2>Title and Land Use</FL-2> <LDRFIG>1710.209</LDRFIG> <FL-2>Roads</FL-2> <LDRFIG>1710.210</LDRFIG> <FL-2>Utilities</FL-2> <LDRFIG>1710.211</LDRFIG> <FL-2>Financial Information</FL-2> <LDRFIG>1710.212</LDRFIG> <FL-2>Recreational Facilities</FL-2> <LDRFIG>1710.214</LDRFIG> <FL-2>Subdivision Characteristics</FL-2> <LDRFIG>1710.215</LDRFIG> <FL-2>Additional Information</FL-2> <LDRFIG>1710.216</LDRFIG> <FL-2>Affirmation</FL-2> <LDRFIG>1710.219</LDRFIG> </LDRWK> </EXTRACT> <APPRO>(Approved by the Office of Management and Budget under control number 2502-0243)</APPRO> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 49 FR 31370, Aug. 6, 1984; 49 FR 33644, Aug. 24, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.102</SECTNO> <SUBJECT>General instructions for completing the Statement of Record.</SUBJECT> <P>(a) <E T="03">Paper and type.</E> The Statement of Record shall be on good quality, unglazed white or pastel paper. Letter size paper, approximately 8×11 inches in size, will be used for the Property Report portion and legal size paper, approximately 8<FR>1/2</FR>×14 inches in size, will be used for the Additional Information and Documentation portion. Side margins shall be no less than 1 inch and no greater than 1<FR>1/2</FR> inches. Top and bottom margins shall be no less than 1 <PRTPAGE P="25"/>inch. In the preparation of the charts to be included in the Property Report, the developer may vary from the above margin requirements or print the charts lengthwise on the required size paper if such measures are necessary to make the charts readable. The Statement of Record shall be prepared in an easily readable style of elite or pica or similar type of uniform font in blue, black or blueblack ink.</P> <P>(b) <E T="03">Numbering and dating.</E> Each page of the Statement of Record as submitted to OILSR shall be numbered and shall include the date of typing or preparation in the lower right hand corner, except in the final printed version of the Property Report portion.</P> <P>(c) <E T="03">Signing.</E> The Statement of Record shall be signed by the senior executive officer of the developer or a designated agent.</P> <P>(d) <E T="03">Printing.</E> The Statement of Record and, insofar as practical, all papers and documents filed as a part thereof, shall be printed, lithographed, photocopied, typewritten or prepared by any similar process which, in the opinion of the Secretary, produces copies suitable for a permanent record. Irrespective of the process used, all copies of any such materials shall be clear and easily readable.</P> <P>(e) <E T="03">Headings, subheadings, captions, introductory paragraphs, warnings.</E> Property Report subject “headings” are those descriptive introductory words which appear immediately after section numbers 1710.106 through 1710.116 (e.g. § 1710.108 has “General Information” and § 1710.111 has “Utilities”). Each such heading shall be printed in the Property Report in underlined capital letters and centered at the top of a new page. Section numbers shall not be printed in the Property Report. Property Report subheadings are those descriptive introductory words which appear in italics in the regulations at the beginning of paragraphs designated by paragraph letters (a), (b), (c) etc. An example of a subheading is “water” found immediately after the paragraph letter (a) in § 1710.111. These subheadings will be printed in the Property Report only if they are relevant to the subject subdivision. If printed these subheadings shall be capitalized and shall begin at the left hand margin of the page. Property Report “captions” are those descriptive introductory words which appear in italics in the Regulations at the beginning of subparagraphs designated by numbers (1), (2), (3), etc. An example of such captions is “Sales Contract and Delivery of Deed” found immediately after the subparagraph number “(1)” in § 1710.109 (b). These captions are to be printed in the Property Report only if they are applicable to the subject subdivision. If printed, these captions shall be centered on the page from the side margins, and shall have only the first letter of each word capitalized. Headings and subheadings will be used in the Property Report in accordance with the sample page appearing in § 1710.102. Introductory paragraphs will follow headings if they are applicable and necessary for a readable entry into the subject matters, but note, the introductory paragraphs for “Title to the Property and Land Use” are to be used in every case as provided in § 1710.109(a)(1). Subheadings and captions which do not apply to the subdivision should be omitted from the Property Report portion and answered “not applicable” in the Additional Information and Documentation portion, unless specifically required to be included elsewhere in these instructions. Warnings shall be printed substantially as they appear in the instructions in §§ 1710.105 through 1710.118. They shall be printed in capital letters and enclosed in a box as shown on the sample page in § 1710.102. The paragraphs in the Property Report portion need not be numbered.</P> <EXTRACT> <PRTPAGE P="26"/> <HD SOURCE="HD1"/> <HD SOURCE="HD1">Sample Page</HD> <HD SOURCE="HD1">roads</HD> <P>Here we discuss the roads that lead to the subdivision, those within the subdivision and the location of nearby communities. </P> <FP SOURCE="FP-2">ACCESS TO THE SUBDIVISION.</FP> <P>County road #43 leads to the subdivision. It has two lanes and the width of the wearing surface is 22 feet. It's paved with a macadam surface. </P> <P>This road is maintained by Bottineau County with County funds. No improvements are planned at this time. </P> <FP SOURCE="FP-2">ACCESS WITHIN THE SUBDIVISION.</FP> <P>The roads within the subdivision will be located on rights of way dedicated to the public. </P> <P>We are responsible for constructing the interior roads. There will be no additional cost to you for this construction. </P> <P>WE HAVE NOT SET ASIDE ANY FUNDS IN AN ESCROW OR TRUST ACCOUNT OR MADE ANY OTHER FINANCIAL ARRANGEMENTS TO ASSURE COMPLETION OF THE ROADS, SO THERE IS NO ASSURANCE WE WILL BE ABLE TO COMPLETE THE ROADS. </P> <P>At present, the roads are under construction and do not provide access to the lots in Units 2 and 3 during wet weather. The succeeding chart describes their present condition and estimated completion dates.</P> </EXTRACT> <GPOTABLE CDEF="xs42,r50,9,r50,r50,r50" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Unit</CHED> <CHED H="1">Estimated starting date (month and year)</CHED> <CHED H="1">Percentage of construction now complete</CHED> <CHED H="1">Estimated completion date (month and year)</CHED> <CHED H="1">Present surface</CHED> <CHED H="1">Final surface</CHED> </BOXHD> <ROW> <ENT I="01">1</ENT> <ENT>February 1979</ENT> <ENT>50</ENT> <ENT>December 1979</ENT> <ENT>Gravel</ENT> <ENT>Asphalt.</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>August 1979</ENT> <ENT>0</ENT> <ENT>June 1980</ENT> <ENT>Dirt</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>April 1980</ENT> <ENT>0</ENT> <ENT>October 1980</ENT> <ENT>None</ENT> <ENT>Do.</ENT> </ROW> </GPOTABLE> <P>(f) <E T="03">Language style.</E> All information given in the Property Report portion shall be stated in narrative form using plain, concise, everyday language which can be readily understood by purchasers who are unfamiliar with real estate transactions. Excessively long paragraphs should be avoided. Keep them as brief as possible. Use separate paragraphs for different points discussed. Disclose all pertinent facts. Potential consequences to a purchaser must be made clear even though not specifically asked for in the format and the instructions. In the Property Report the pronouns “you” and “your” shall generally be used in referring to <PRTPAGE P="27"/>the prospective purchaser and the pronouns “we”, “us”, and “our” shall generally be used in referring to the developer. The Secretary specifically reserves the right to require modification of the text when the narrative does not meet the standards of this section.</P> <P>(g) <E T="03">Format of the Additional Information and Documentation portion of the Statement of Record.</E> The supporting information and documentation required by these regulations shall be identified by affixing a tab on the right side of the cover sheet of the required information or documentation and by identifying on the tab the section number of the Statement of Record instructions to which the information or documentation corresponds. This information or documentation shall then be placed immediately after the page(s) on which the section number and answers for that section appear. If the data in a document is applicable to more than one section of instructions, the developer may substitute as a document in the second case a statement incorporating the earlier document by reference. Deeds, title policies, subdivision plats or maps and other documentary information required to be contained in the Additional Information and Documentation portion of the Statement of Record need not be on the same size paper as the Statement of Record but, if larger, shall be folded to a size no larger than 8<FR>1/2</FR>×14 inches. Supporting documents shall be inserted into the binding in such a manner as to permit them to be examined without the necessity of removing them from the binding. This may be accomplished by proper folding or through the use of envelopes.</P> <P>(h) <E T="03">Binding.</E> The Statement of Record shall be bound with the Property Report portion on top, including any documents which may be required to be attached when delivered to the purchaser, followed by the Additional Information and Documentation portion.</P> <P>(i) <E T="03">Advertising and promotional material.</E> No advertising, or promotional material or statements which are self-serving on behalf of the developer or owner may be included in the Statement of Record or resulting Property Report.</P> <P>(j) <E T="03">Additional information.</E> (1) In addition to the information expressly required to be stated in the Statement of Record, there shall be added, and the Secretary may require, such further material information, documentation and certification as may be necessary in the public interest and for the protection of purchasers or necessary in order to make the statements not misleading in the light of circumstances under which they are made.</P> <P>(2) The instructions are not all inclusive. The developer shall include any other facts which would have a bearing upon the use by the purchaser of any of the facilities, services or amenities; which would cause or result in additional expenses to the purchaser; which would have an effect upon the use and enjoyment of the lot by the purchaser for the purpose for which it is sold or which would adversely affect the value of the lot.</P> <P>(k) <E T="03">Modification of format or content.</E> The Secretary may require or permit modification to the content and format of the Property Report to include additional information, to modify or omit required information, or to change the sequence or position of information when such changes are deemed to be in the public interest or for the protection of purchasers.</P> <P>(l) <E T="03">Required documentation.</E> Where the documentation required by the Statement of Record cannot be obtained, the Secretary may permit the best available alternative documentation to be substituted.</P> <P>(m) <E T="03">Final version of property report.</E> On the date that a Statement of Record becomes effective, the Property Report portion shall become the Property Report for the subject subdivision. The version of the Property Report delivered to prospective lot purchasers shall be verbatim to that found effective by the Secretary and shall have no covers, pictures, emblems, logograms or identifying insignia other than as required by these regulations. It shall meet the same standards as to grade of paper, type size, margins, style and color of print as those set herein for the Statement of Record, except where required otherwise by these regulations. However, the date of typing or preparation of the pages and the OILSR number <PRTPAGE P="28"/>shall not appear in the final version. If the final version of the Property Report is commercially printed, or photocopied by a process which results in a commercial printing quality, and is bound on the left side, both sides of the pages may be used for printed material. If it is typed or photocopied by a process which does not result in a clear and legible product on both sides of the page or is bound at the top, printing shall be done on only one side of the page. Three copies of the final version of the Property Report, in the exact form in which it is delivered to prospective lot purchasers, shall be sent to this Office within 20 days of the date on which the Statement of Record, amendment, or consolidation is allowed to become effective by the Secretary. If a Property Report in a foreign language is used as required by § 1715.25(g), three copies of that Property Report together with copies of the translated documents shall be furnished the Secretary within 20 days of the date on which the advertising is first used. A Property Report prepared pursuant to these regulations shall not be distributed to potential lot purchasers until after the Statement of Record of which it is a part or any amendment to that Statement of Record has been made effective by the Secretary.</P> <APPRO>(Approved by the Office of Management and Budget under control number 2502-0243)</APPRO> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 45 FR 40488, June 13, 1980; 49 FR 31370, Aug. 6, 1984; 49 FR 33644, Aug. 24, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.103</SECTNO> <SUBJECT>Developer obligated improvements.</SUBJECT> <P>(a) If the developer represents either orally or in writing that it will provide or complete roads or facilities for water, sewer, gas, electricity or recreational amenities, it must be contractually obligated to do so (see § 1715.15(f)), and the obligation shall be clearly stated in the Property Report. While the developer may disclose relevant facts about completion, the obligation to complete cannot be conditioned, other than as provided for in § 1715.15(f), and an estimated completion date (month and year) must be stated in the Property Report. However, a developer that has only tentative plans to complete may so state in the Property Report, provided that the statement clearly identifies conditions to which the completion of the facilities are subject and states that there are no guarantees the facilities will be completed.</P> <P>(b) If a party other than the developer is responsible for providing or completing roads or facilities for water, sewer, gas, electricity or recreational amenities, that entity shall be clearly identified in the Property Report under the categories described in § 1710.110, § 1710.111 or § 1710.114, as applicable. A statement shall be included in the proper section of the Property Report that the developer is not responsible for providing or completing the facility or amenity an can give no assurance that it will be completed or available for use.</P> <CITA>[49 FR 31370, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.105</SECTNO> <SUBJECT>Cover page.</SUBJECT> <P>The cover page of the Property Report shall be prepared in accordance with the following directions:</P> <P>(a) The margins shall be at least 1 inch.</P> <P>(b) The next 3 inches shall contain a warning, centered, in <FR>1/2</FR> inch capital letters in red type with <FR>1/4</FR> inch space between the lines which reads as follows: </P> <EXTRACT> <HD SOURCE="HD3">READ THIS PROPERTY REPORT BEFORE SIGNING ANYTHING</HD> </EXTRACT> <P>(c) The remainder of the page shall contain the following paragraphs beginning <FR>1/4</FR> inch below the last line of the warning: </P> <EXTRACT> <P>This Report is prepared and issued by the developer of this subdivision. It is <E T="03">not</E> prepared or issued by the Federal Government.</P> <P>Federal law requires that you receive this Report prior to your signing a contract or agreement to buy or lease a lot in this subdivision. However, NO FEDERAL AGENCY HAS JUDGED THE MERITS OR VALUE, IF ANY, OF THIS PROPERTY.</P> <P>If you received this Report prior to signing a contract or agreement, you may cancel your contract or agreement by giving notice to the seller any time before midnight of the seventh day following the signing of the contract or agreement.</P> <P>If you did not receive this Report before you signed a contract or agreement, you <PRTPAGE P="29"/>may cancel the contract or agreement any time within two years from the date of signing. </P> <FP SOURCE="FP-DASH">Name of Subdivision</FP> <FP SOURCE="FP-DASH">Name of Developer</FP> <FP SOURCE="FP-DASH">Date of This Report</FP> </EXTRACT> <P>(d)(1) If the purchaser is entitled to a longer revocation period by operation of State law, that period becomes the Federal revocation period and the Cover Page must reflect the requirements of the longer period, rather than the seven days.</P> <P>(2)(i) If a deed is not delivered within 180 days of the signing of the contract or agreement of sale or unless certain provisions are included in the contract or agreement, the purchaser is entitled to cancel the contract within two years from the date of signing the contract or agreement.</P> <P>(ii) The deed must be a warranty deed, or where such a deed is not commonly used, a similar deed legally acceptable in the jurisdiction where the lot is located. The deed must be free and clear of liens and encumbrances.</P> <P>(iii) The contract provisions are:</P> <P>(A) A legally sufficient and recordable lot description; and</P> <P>(B) A provision that the seller will give the purchaser written notification of purchaser's default or breach of contract and the opportunity to have at least 20 days from the receipt of notice to correct the default or breach; and</P> <P>(C) A provision that, if the purchaser loses rights and interest in the lot because of the purchaser's default or breach of contract after 15% of the purchase price, exclusive of interest, has been paid, the seller shall refund to the purchaser any amount which remains from the payments made after subtracting 15% of the purchase price, exlusive of interest, or the amount of the seller's actual damages, whichever is the greater.</P> <P>(iv) If a deed is not delivered within 180 days of the signing of the contract or if the necessary provisions are not included in the contract, the following statement shall be used in place of any other recision language: </P> <EXTRACT> <P>Under Federal law you may cancel your contract or agreement of sale any time within two years from the date of signing.</P> </EXTRACT> <P>(e) At the time of submission, the developer may indicate its intention to comply with the red printing by an illustration or by a statement to that effect.</P> <P>(f) The “Date of This Report” shall be the date on which the Secretary allows the Statement of Record to become effective and shall not be entered until the submission has become effective.</P> <SECAUTH>(Sec. 1419, Interstate Land Sales Full Disclosure Act, 82 Stat. 590, 598; 15 U.S.C. 1718; sec. 7(d), Dept. of Housing and Urban Development Act, 42 U.S.C. 3535(d))</SECAUTH> <CITA>[45 FR 40489, June 13, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.106</SECTNO> <SUBJECT>Table of contents.</SUBJECT> <P>(a) The second page(s) shall consist of a Table of Contents which lists the headings in the Property Report, the major subheadings, if any, and the page on which they appear. For example, the entry for Title and Land Use would appear as follows: </P> <EXTRACT> <FP>Title and Land Use # Page #</FP> <FP>Method of Sale</FP> <FP>Encumbrances, Mortgages and Liens</FP> <FP>Recording the Contract and Deed</FP> <FP>Payments</FP> <FP>Restrictions on the Use of Your Lot</FP> <FP>Plat Maps, Zoning, Surveying, Permits and Environment</FP> </EXTRACT> <P>(b) Use of “You” and “We”. At the end of the Table of Contents insert the following remark: </P> <EXTRACT> <P>“In this Property Report, the words “you” and “your” refer to the buyer. The words “we”, “us” and “our” refer to the developer.”</P> </EXTRACT> </SECTION> <SECTION> <SECTNO>§ 1710.107</SECTNO> <SUBJECT>Risks of buying land.</SUBJECT> <P>(a) The next page shall be headed “Risks of Buying Land” and shall contain the paragraphs listed below. However, paragraph (a)(2) of this section may be omitted if all improvements have been completed or if no improvements are proposed.</P> <P>(1) The future value of any land is uncertain and dependent upon many factors. DO NOT expect all land to increase in value.</P> <P>(2) Any value which your lot may have will be affected if the roads, utilities and all proposed improvements are not completed.</P> <P>(3) Resale of your lot may be difficult or impossible, since you may face the competition of our own sales program <PRTPAGE P="30"/>and local real estate brokers may not be interested in listing your lot.</P> <P>(4) Any subdivision will have an impact on the surrounding environment. Whether or not the impact is adverse and the degree of impact, will depend on the location, size, planning and extent of development. Subdivisions which adversely affect the environment may cause governmental agencies to impose restrictions on the use of the land. Changes in plant and animal life, air and water quality and noise levels may affect your use and enjoyment of your lot and your ability to sell it.</P> <P>(5) In the purchase of real estate, many technical requirements must be met to assure that you receive proper title. Since this purchase involves a major expenditure of money, it is recommended that you seek professional advice before you obligate yourself.</P> <P>(b) Warnings. If the instructions or the Secretary require any warnings to be included in the Property Report portion, the following statement shall be added beneath the “Risks of Buying Land” under a heading “Warnings”: </P> <EXTRACT> <P>“Throughout this Property Report there are specific warnings concerning the developer, the subdivision or individual lots. Be sure to read all warnings carefully before signing any contract or agreement.”</P> </EXTRACT> <FP>Both the heading, “Warnings”, and the statement shall be printed in capital letters and enclosed in a box.</FP> </SECTION> <SECTION> <SECTNO>§ 1710.108</SECTNO> <SUBJECT>General information.</SUBJECT> <P>Insert and complete the following format: </P> <EXTRACT> <P>“This Report covers —— lots located in ———— County, (<E T="03">State</E>). See Page —— for a listing of these lots. It is estimated that this subdivision will eventually contain ——— lots.”</P> <FP>“The developer of this subdivision is:</FP> <FP SOURCE="FP-DASH"/> <P>(Developer's Name)</P> <FP SOURCE="FP-DASH"/> <P>(Developer's Address)</P> <FP SOURCE="FP-DASH"/> <P>(Developer's telephone number) </P> <P>“Answers to questions and information about this subdivision may be obtained by telephoning the developer at the number listed above.”</P> </EXTRACT> </SECTION> <SECTION> <SECTNO>§ 1710.109</SECTNO> <SUBJECT>Title to the property and land use.</SUBJECT> <P>(a) <E T="03">General instructions.</E> (1) Below the heading “Title to the Property and Land Use” insert the following introductory paragraphs: </P> <EXTRACT> <P>“A person with legal title to property generally has the right to own, use and enjoy the property. A contract to buy a lot may give you possession but doesn't give you legal title. You won't have legal title until you receive a valid deed. A restriction or an encumbrance on your lot, or on the subdivision, could adversely affect your title.”</P> <P>“Here we will discuss the sales contract you will sign and the deed you will receive. We will also provide you with information about any land use restrictions and encumbrances, mortgages, or liens affecting your lot and some important facts about payments, recording, and title insurance.”</P> </EXTRACT> <P>(2) <E T="03">Information to be provided.</E> After the above introductory paragraphs provide the information required by the following instructions and questions. Follow a general form identical to the sample page printed in § 1710.102.</P> <P>(b) <E T="03">Method of sale—</E>(1) <E T="03">Sales contract and delivery of deed.</E> (i) Will the buyer sign a purchase money or installment contract or similar instrument in connection with the purchase of the lot? When will a deed be delivered?</P> <P>(ii) If an installment contract is used, include the following, or substantially the same, language in the disclosure narrative under “Method of Sale”: </P> <EXTRACT> <P>“If you fail to make your payments required by the contract, you may lose your lot and all monies paid.”</P> </EXTRACT> <P>(iii) If, at the time of a credit sale, the developer gives the buyer a deed to the lot, what type of security must the buyer give the seller?</P> <P>(iv) If the lots are to be sold on the basis of an installment contract, can the developer or the owner of the subdivision or their creditors encumber the lots under contract? If so, include the following warning in the disclosure narrative under the caption “Sales contract and delivery of deed”: </P> <EXTRACT> <P>“The (indicate subdivision developer, owner, or their creditors) can place a mortgage on or encumber the lots in this subdivision after they are under contract. This may cause you to lose your lot and any monies paid on it.”</P> </EXTRACT> <PRTPAGE P="31"/> <P>(2) <E T="03">Type of deed.</E> What type of deed will be used to convey title to lots in the subdivision?</P> <P>(3) <E T="03">Quitclaim deeds.</E> If a quitclaim deed is to be given to lot purchasers insert the below warning, or a warning which is substantially the same, in the disclosure narrative below the caption “Quitclaim Deeds”. This particular warning may be deleted at the direction of the Secretary if an acceptable attorney's opinion is submitted with the Statement of Record which indicates that a quitclaim deed has a meaning in the jurisdiction where the subdivision is located which is substantially contrary to the effect of this warning. This warning shall be phrased substantially as follows: </P> <EXTRACT> <P>“The Quitclaim deed used to transfer title to lots in this subdivision gives you no assurance of ownership of your lot.”</P> </EXTRACT> <P>(4) <E T="03">Oil, gas, and mineral rights.</E> If oil, gas or mineral rights have been reserved, insert the following statement or one substantially the same in the narrative answer under the caption “oil, gas, and mineral rights”: </P> <EXTRACT> <P>“The (indicate oil, gas, or mineral rights) to (state which lots) in this subdivision will not belong to the purchaser of those lots. The exercise of these rights could affect the use, enjoyment and value of your lot.”</P> </EXTRACT> <P>(c) <E T="03">Encumbrances, mortgages and liens—</E>(1) <E T="03">In general.</E> State whether any of the lots or common facilities which serve the subdivision, other than recreation facilities, are subject to a blanket encumbrance, mortgage or lien. If yes, identify the type of encumbrance (e.g. deed of trust, mortgage, mechanics liens), the holder of the lien, and the lots covered by the lien. If any blanket encumbrance, mortgage, or lien is not current in accordance with its terms, so indicate.</P> <P>(2) <E T="03">Release provisions.</E> (i) Explain the effect of any release provisions of any blanket encumbrance, mortgage or lien and include the one of the following statements that pertains.</P> <P>(A) If the release clauses are not included in a recorded instrument, insert the following statement or one substantially the same in the disclosure narrative below the caption “Release Provisions”: </P> <EXTRACT> <P>“The release provisions for the (indicate all or particular lots) have not been recorded. Therefore, they may not be honored by subsequent holders of the mortgage. If they are not honored, you may not be able to obtain clear title to a lot covered by this mortgage until we have paid the mortgage in full, even if you have paid the full purchase price of the lot. If we should default on the mortgage prior to obtaining a release of your lot, you may lose your lot and all monies paid.”</P> </EXTRACT> <P>(B) If the developer or subdivision owner states that the release provisions are recorded and that the lot purchaser may pay the release price of the mortgage, the statement shall be supported by documentation supplied in § 1710.209. If the purchaser may pay the release fee, state the amount of the release fee and inform the purchaser that the amount may be in addition to the contract payments unless there is a bona fide trust or escrow arrangement in which the purchaser's payments are set aside to pay the release price before any payments are made to the developer.</P> <P>(C)(<E T="03">1</E>) If there are no provisions in the blanket encumbrance for release of an individual purchaser's lot from a blanket encumbrance, include the following warning or a warning substantially the same, in the disclosure narrative under the “Release Provisions” caption: </P> <EXTRACT> <P>“The (state type of encumbrance) on (indicate all or particular lots) in this subdivision does not contain any provisions for the release of an individual lot when the full purchase price of the lot has been paid. Therefore, if your lot is subject to this (state type of encumbrance), you may not be able to obtain clear title to your lot until we have paid the (state type of encumbrance) in full, even though you may have received a deed and paid the full purchase price of the lot. If we should default on the (state type of encumbrance) prior to obtaining a release, you may lose your lot and all monies paid.”</P> </EXTRACT> <P>(<E T="03">2</E>) If the provisions for release of individual lots from the blanket encumbrance may be exercised only by the developer insert the following statement, or one substantially the same, in the disclosure narrative under the “Release Provisions” caption: </P> <EXTRACT> <P>“The release provisions in the (state the type of encumbrance) on (indicate all or particular lots) in this subdivision may be exercised only by us. Therefore, if we default on <PRTPAGE P="32"/>the (state type of encumbrance) before obtaining a release of your lot, you may lose your lot and any money you have paid for it.”</P> </EXTRACT> <P>(d) <E T="03">Recording the contract and deed—</E>(1) <E T="03">Method or purpose of recording.</E> (i) State what protection, if any, recording of deeds and contracts gives a lot purchaser in your jurisdiction.</P> <P>(ii) If the sales contract or deed may be recorded, so state. Also state whose responsibility it is to record the contract or deed.</P> <P>(iii) If the developer or subdivision owner will not have the sales contract officially acknowledged or if the applicable jurisdiction will not record sales contracts, state that sales contracts will not be recorded and why they will not be recorded.</P> <P>(iv) If at, or immediately after, the signing of a contract, the contract or a deed transfer to the buyer is not recorded by the developer or owner or if title to the lot is not otherwise transferred of record to a trust, or if other sufficient notice of transfer or sale is not placed of record, then the developer shall include the following, or substantially the same, warning in the disclosure narrative under the caption “Method and Purpose of Recording”: </P> <EXTRACT> <P>“Unless your contract or deed is recorded you may lose your lot through the claims of subsequent purchasers or subsequent creditors of anyone having an interest in the land”.</P> </EXTRACT> <FP>The reference to contracts shall be deleted from the above warning if the answer to paragraph (d)(1)(i) of this section indicates that recording of a contract in the subject jurisdiction does not protect the purchaser from claims of later purchasers or creditors of anyone having an interest in the land.</FP> <P>(2) <E T="03">Title insurance.</E> If the developer does not deliver a title insurance policy to the buyer, state that the purchaser should obtain an attorney's opinion of title or a title insurance policy which will describe the rights of ownership which are being acquired in the lot. Recommend that an appropriate professional should interpret the opinion or policy.</P> <P>(e) <E T="03">Payments—</E>(1) <E T="03">Escrow.</E> If purchasers' deposits, down payments, or installment payments are to be placed in a third party controlled escrow or similar account, describe the arrangement including the name and address of the escrow holder or similar person. If there is no such arrangement, insert the following statement in the disclosure narrative under the caption “Escrow”: </P> <EXTRACT> <P>“You may lose your (indicate deposit, down payment and/or installment payments) on your lot if we fail to deliver legal title to you as called for in the contract, because (they are/it is) not held in an escrow account which fully protects you.”</P> </EXTRACT> <FP>The questions regarding an escrow agreement or similar protection may be answered affirmatively only if the money is under the control of an independent third party, allowing a purchaser to receive a return of all money paid in the event of the developer's failure to convey title or the developer's default on any obligation which would otherwise result in the purchaser's loss of that money.</FP> <P>(2) <E T="03">Prepayments.</E> Explain any prepayment penalties or privileges in everyday language.</P> <P>(3) <E T="03">Default.</E> What are the developer's or subdivision owners' remedies against a defaulted purchaser?</P> <P>(f) <E T="03">Restrictions on the use of your lot—</E>(1) <E T="03">Restrictive covenants.</E> (i) Have any restrictive covenants been recorded against the land in the subdivision? If so, do they contain items which require the purchaser to secure permissions, approvals or take any other action prior to using or disposing of his lot (e.g., architectural control, developer's right of first refusal, building deadlines, etc.)? If any of these or similar items are included, explain their meaning and effect upon the purchaser.</P> <P>(ii) If any restrictive covenants are to be used and if they have not been recorded, how will they be imposed? Include a statement to the effect that the restrictive covenants have not been recorded; that there is no assurance they will be applied uniformly; that they may be changed and that they may be difficult to enforce. If no restrictive covenants will be imposed, include a statement to the effect that, since there are no restrictive covenants on the use of the lots, they may be used <PRTPAGE P="33"/>for purposes which could adversely affect the use and enjoyment of surrounding lots.</P> <P>(iii) If there are restrictive covenants, whether recorded or unrecorded, the following statement shall be made: “A complete copy of these restrictions is available upon request.”</P> <P>(2) <E T="03">Easements.</E> (i) Are there easements which may have an effect on the purchaser's building or lot use plans (e.g., large drainage easements along lot lines, high voltage electric transmission lines, pipe lines or drainage easements which encroach upon the building area of the lot or inhibit its use)?</P> <P>(ii) Is the subdivision subject to any type of flood control or flowage easements?</P> <P>(iii) If the answer to either (2)(i) or (2)(ii) is in the affirmative, identify the affected lots and state the effect upon the use of the lots.</P> <P>(g) <E T="03">Plats, zoning, surveying, permits and environment</E>—(1) <E T="03">Plats.</E> (i) Have the subdivision plans and plats of specific units been approved by the regulatory authorities? If the approvals have not been obtained, include a warning to the effect that regulatory authorities have not approved the proposed plats; that they may require significant alterations before they will approve them and they may not allow the land to be used for the purpose for which it is being sold.</P> <P>(ii) Have plats covering the lots in this Report been recorded? If so, where are they recorded? If they have not been recorded, is the description of the lots given in this Report legally adequate for the conveyance of land in the jurisdiction where the subdivision is located? If it is not, include a statement to the effect that the description of the lots is not legally adequate for the conveyance of the lots and that it will not be until the plat is recorded.</P> <P>(2) <E T="03">Zoning.</E> For what purpose may the lots be used (e.g., single family homes, camping, commercial)? Does this use conform to local zoning requirements and the restrictive covenants?</P> <P>(3) <E T="03">Surveying.</E> Has each lot been surveyed and is each lot marked for identification? If not, and the purchaser is responsible for the expense, state the estimated cost.</P> <P>(4) <E T="03">Permits.</E> Must the purchaser obtain a building permit before beginning construction on his lot? Where is the permit obtained? Are any other permits necessary to use the lot for the purpose for which it is sold or for construction in connection with its use?</P> <P>(5) <E T="03">Environment.</E> Has there been any environmental impact study prepared which considers the effect of the subdivision on the environment? If a study has been prepared, summarize any adverse conclusions and refer the lot buyer to the proper State Clearinghouse for complete information. If a study has not been prepared, include a statement that “No determination has been made as to the possible adverse effects the subdivision may have upon the environment and surrounding area.”</P> <FP>(If the developer does not know whether an environmental impact study has been prepared, or the name and location of the Office where any study made can be found, inquiry should be made to the State or Area Clearinghouse established under the authority of title IV of the Intergovernmental Cooperation Act of 1968.)</FP> </SECTION> <SECTION> <SECTNO>§ 1710.110</SECTNO> <SUBJECT>Roads.</SUBJECT> <P>(a) <E T="03">Access to the subdivision.</E> (1) Is access to the subdivision provided by public or private roads? What type of surface do they have? How many lanes? What is the width of the wearing surface?</P> <P>(2) Who is responsible for their maintenance? What is the cost to the purchaser, if any? Are any improvements contemplated? If so, when will they begin and when will they be completed? At whose expense?</P> <P>(b) <E T="03">Access within the subdivision.</E> (1) How have legal and physical access by conventional automobile been or will they be, provided to the lots (e.g., road on recorded easement; right of way dedicated to the public; right of way dedicated to use of lot owners)?</P> <P>(2) Who is responsible for the road construction? Is there any construction cost to the purchaser? Is there any financial assurance of completion? If there is no financial assurance of completion, enter a warning to the effect that no funds have been set aside in an escrow or trust account and there are <PRTPAGE P="34"/>no other financial arrangements to assure completion of the roads.</P> <P>(3) How many lanes do the interior roads have? What is the estimated starting date of construction (month and year); the present percentage of construction now complete; the present surface; the estimated completion date (month and year) and what is the final surface to be? If there are separate units or sections in the subdivision which will have different completion dates or different surfaces, the following chart shall be used rather than a narrative paragraph.</P> <GPOTABLE CDEF="xl30,xl50,xl50,xl50,xl30,r30" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Unit</CHED> <CHED H="1">Estimated starting date (month/year)</CHED> <CHED H="1">Percentage of construction now complete</CHED> <CHED H="1">Estimated completion date (month/year)</CHED> <CHED H="1">Present surface</CHED> <CHED H="1">Final surface</CHED> </BOXHD> <ROW> <ENT I="01"/> </ROW> <ROW> <ENT I="01"/> </ROW> <ROW> <ENT I="01"/> </ROW> </GPOTABLE> <P>(4) Who is responsible for road maintenance? If the roads are to be maintained by a public authority, a property owners' association or some other entity at some time in the future, who is responsible for their maintenance during the interim period? What is the cost to the purchaser during the interim period and after acceptance for permanent maintenance? Will they be maintained so as to provide access to the lots on a year round basis? If not, include a warning which informs the purchaser that access may not be available year round. Identify the months when access may not be available to lots. If there are no arrangements for maintenance, include a warning to the effect that purchasers are responsible for maintaining the roads and that, if maintenance is not performed, the roads may soon deteriorate and access may become difficult or impossible.</P> <P>(5) If estimated completion dates given in prior Statements of Record have not been met, state that previous dates have not been met and give the previous dates. Underline the answer. If the roads are 100 percent completed, no dates are needed.</P> <P>(6) Complete the following chart by listing the county seat (identify) and at least two nearby communities.</P> <P>Include at least one community of significant size which offers general services. </P> <EXTRACT> <LDRWK> <FL-2>Nearby Communities</FL-2> <LDRFIG/> <FL-2>Population</FL-2> <LDRFIG/> <FL-2>Distance Over Paved Roads</FL-2> <LDRFIG/> <FL-2>Distance Over Unpaved Roads</FL-2> <LDRFIG/> <FL-2>Total</FL-2> <LDRFIG/> </LDRWK> </EXTRACT> <P>(7) If the purchasers will be individually responsible for providing access to their lots and for maintaining that access, what is the estimated cost of construction and maintenance?</P> </SECTION> <SECTION> <SECTNO>§ 1710.111</SECTNO> <SUBJECT>Utilities.</SUBJECT> <P>(a) <E T="03">Water.</E> (1) How is water to be supplied to the individual lots (e.g., central system or individual wells)? Of the following items only those which apply to the subdivision need be included.</P> <P>(i) <E T="03">Individual system.</E> (A) If water is to be supplied by an individual private well, cistern or other individual system, what are the total estimated costs of the system, including but not limited to, the costs of installation, storage, any treatment facilities and other necessary equipment?</P> <P>(B) If individual cisterns or similar storage tanks are to be used, state where water to fill them can be secured; the cost of the water, and its delivery costs for a supply sufficient to serve the monthly needs of a family of four living in a house on a year-round basis. Include a statement to the effect that water stored for extended periods tends to become stale and may acquire an unpleasant taste or odor.</P> <P>(C) If individual wells are to be used and if the sales contract contains no provisions for refund or exchange in the event a productive well cannot be installed, include a statement to the effect that there is no assurance a productive well can be installed and, if it cannot, no refund of the purchase price of the lot will be made.</P> <P>(D) If individual wells or individual cisterns are to be used, include a brief statement to the effect that the purity <PRTPAGE P="35"/>and chemical content of the water cannot be determined until each individual well or source of water is completed and tested.</P> <P>(E) If there have been no hydrological surveys in connection with the use of individual wells or sources of hauled water for cisterns, include a warning to the effect that there is no assurance of a sufficient supply of water for the anticipated population.</P> <P>(F) Is a permit required to install the individual system to be used? If so, from whom and where is the permit secured? State the cost of a permit.</P> <P>(ii) <E T="03">Central system.</E> (A) If water is to be provided by a central system, who is the supplier? What is the supplier's address?</P> <P>(B) Will the water mains be extended in front of, or adjacent to, each lot? When will construction begin? What is the present percentage of completion of the water mains and central supply plant? When will service be available to the individual lots? If the central system is not complete and there are separate units or sections of the subdivision included in the Statement of Record which have different completion dates, then the starting date for construction (month and year), the percentage of construction now complete and the estimated service availability date (month and year) shall be set forth in the following chart form rather than in a narrative paragraph.</P> <GPOTABLE CDEF="xl10,xl30,xl30,r30" COLS="4" OPTS="L2"> <TTITLE>Water</TTITLE> <BOXHD> <CHED H="1">Unit</CHED> <CHED H="1">Estimated starting date (month and year)</CHED> <CHED H="1">Percentage of construction now complete</CHED> <CHED H="1">Estimated service availability date (month and year)</CHED> </BOXHD> <ROW> <ENT I="01"/> </ROW> <ROW> <ENT I="01"/> </ROW> <ROW> <ENT I="01"/> </ROW> </GPOTABLE> <P>(C) What is the present capacity of the central plant (i.e., how many connections can be supplied)? If the capacity is not sufficient to serve all lots in the Statement of Record and is to be expanded in phases, what is the time-table for each phase to be in service and what will trigger the beginning of the expansion for each phase? If an entity other than the developer or an affiliate or subsidiary of the developer will supply the water for the central system; if the operation of that entity is supervised by a governmental agency and if that entity states it can supply the anticipated population of the development, then information as to the capacity of the plant and a hydrological survey is not necessary. If the entity does not indicate it can supply enough water for the anticipated population or if the capacity of any central system is not sufficient to serve all lots in the Statement of Record, include a warning which describes the limitations and sets forth the number of lots which can now be served.</P> <P>(D) Have there been any hydrological surveys to determine that a sufficient source of water is available to serve the anticipated population of the subdivision? Has the water in the central system been tested for purity and chemical content? If so, did the results show that the water meets all standards for a public water supply? If there have been no hydrological surveys showing a sufficient supply of water or no tests for purity and chemical content for the central system, include a warning to the effect that there is no assurance of a sufficient supply or that the water is drinkable.</P> <P>(E) Is there any financial assurance of completion of the central system and any future expansion? If not, include a warning to the effect that no funds have been set aside in an escrow or trust account nor have any other financial arrangements been made to assure completion of the water system.</P> <P>(F) If the developer or an affiliate or subsidiary of the developer operates the central system, have all permits been obtained from the proper agencies for the construction, use and operation of the central system? If not, include a warning to the effect that the required permits, approvals or licenses for construction, operation or use of the water system have not been obtained, therefore there is no assurance the system can be constructed or used.</P> <P>(G) If previous completion dates given in prior Statements of Record have not been met, state that previous completion dates have not been met and give the previous dates. Underline the answer. If the central water system is 100 percent completed, no dates are needed.<PRTPAGE P="36"/> </P> <P>(H) Is the purchaser to pay any construction costs, one-time connection fees, availability fees, special assessments or deposits for the central system? If so, what are the amounts? If not, state there are no charges other than use fees. If the purchaser will be responsible for construction costs of the water mains, state the cost to install the mains to the most remote lot covered by this report.</P> <P>(I) If a purchaser wishes to use a lot prior to the date central water is available to it, may the purchaser install an individual system? If so, include the information required for individual systems in § 1710.111(a)(1)(i). Will the purchaser be required to discontinue use of any individual system and connect to the central system when service is available to the lot? If the purchaser is not required to connect to the central system, must any construction costs, connection fees, availability fees, special assessments or deposits in connection with the central system still be paid? If an individual system may not be installed, so state and indicate water will not be available until the central system is extended to the lot.</P> <P>(J) If connection to the system is voluntary and not all purchasers elect to use the system, will the cost to those who do use the system be increased? If so, include a statement to the effect that connection to the central system is voluntary and those who use the system may have to pay a disproportionate share of the cost of the system and its operation.</P> <P>(K) If the developer is to construct the system and will later turn it over to a property owners' association for operation and maintenance, state the estimated date and conditions of the conveyance and if it will be conveyed free and clear of any encumbrance. If there is a charge or if the association must assume an encumbrance, state the estimated amount of either and the terms for retirement of either obligation.</P> <P>(L) If the supplier of water is other than a governmental agency or an entity which is regulated and supervised by a governmental agency, state that neither the operation of the water system nor the rates are regulated by a public authority.</P> <P>(M) The following warning shall be included unless:</P> <P>(<E T="03">1</E>) The central water system is owned and operated by the developer, or an affiliate or subsidiary of the developer, or</P> <P>(<E T="03">2</E>) The central water system is owned and operated by a governmental agency or by an entity which is regulated and supervised by a governmental agency. </P> <EXTRACT> <P>“We do not own or operate the central water system so we cannot assure its continued availability for your use.”</P> </EXTRACT> <P>(b) <E T="03">Sewer.</E> (1) What methods of sewage disposal are to be used (e.g., central system, comfort stations or individual on-site systems such as septic tanks, holding tanks, etc.) in the subdivision? Of the following items, only those which apply to the subdivision need be included.</P> <P>(i) <E T="03">Individual systems.</E> (A) If individual systems are to be used, have the local authorities given general approval to the use of these systems in the subdivision or have they given specific approval for each lot?</P> <FP>Are permits necessary? From whom and where are they obtained? Must testing of the lot be done prior to the issuance of a permit? State the cost of a permit and the estimated costs of the system and any necessary tests.</FP> <P>(B) If holding tanks are to be used, state whether pumping and hauling service is available and the estimated monthly costs of that service for a family of four living in a house on a year-round basis.</P> <P>(C) If each and every lot has not been approved for the use of an individual on-site system, include a warning to the effect that there is no assurance permits can be obtained for the installation and use of individual on-site systems. If the sales contract contains no provisions for refund or exchange in the event a permit cannot be obtained, include a statement to the effect that there is no assurance an individual on-site system can be installed and, if it cannot, no refund of the purchase price of the lot will be made.</P> <P>(D) If no permit is required for the installation and use of individual on-site systems, explain whether this may have an effect upon the purchaser or <PRTPAGE P="37"/>the availability of construction or permanent financing.</P> <P>(E) If the developer has knowledge that permits for the installation of individual on-site systems have been denied; that there have been unsatisfactory percolation tests or that systems have not operated satisfactory in the subdivision, state the number of these rejections, unsatisfactory tests or operations.</P> <P>(ii) <E T="03">Comfort stations.</E> (A) If comfort stations are to be used, how many lots will be served by each station? When will construction be started? When will the station or stations be completed and ready for use? Have the necessary permits been obtained for the construction and use of comfort stations? If the necessary permits have not been obtained, include a warning that the necessary permits, approvals or licenses have not been obtained for the construction and use of the comfort stations, therefore there is no assurance they can be constructed or used. If there are comfort stations located in different units and having different completion dates, the following chart shall be used to show the estimated construction starting date (month and year), the present percentage of completion and the date on which they will be used rather than a narrative paragraph.</P> <EXTRACT> <HD SOURCE="HD1">Comfort Stations</HD> <FP SOURCE="FP-DASH">Unit</FP> <FP SOURCE="FP-DASH">Estimated Starting Date (month-year)</FP> <FP SOURCE="FP-DASH">Percentage of Construction now complete</FP> <FP SOURCE="FP-DASH">Estimated Service Availability Date (month and year)</FP> </EXTRACT> <P>(B) Who is to construct the comfort stations? Is there any financial assurance of their completion? If not, include a warning to the effect that no funds have been set aside in an escrow or trust account nor have any other financial arrangements been made to assure completion of the comfort stations and there is no assurance the facilities will be completed.</P> <P>(C) Who will be responsible for maintenance of the comfort stations? Is there any cost to the purchaser for construction, use or maintenance?</P> <P>(iii) <E T="03">Central system.</E> (A) If a central sewage treatment and collection system is being installed, who is responsible for construction of the system? Will the sewer mains be installed in front of, or adjacent to, each lot? When will construction be started (month and year)? When will service be available (month and year)? Who will own and operate the system? Give the name and address of the entity.</P> <P>(B) What is the present percentage of completion and the present capacity of the system (i.e., number of connections which can be served)? If the present capacity is not sufficient to serve all lots in the Statement of Record and it is to be expanded in phases, what is the time-table for expansion and what will trigger that expansion? If the central system is not complete and there are separate units or sections of the subdivision which have different service availability dates, the following chart shall be used to show the construction starting date (month and year); the percentage of completion and service availability date (month and year) in each unit or section rather than a narrative paragraph.</P> <EXTRACT> <HD SOURCE="HD1">Sewer</HD> <FP SOURCE="FP-DASH">Unit Estimated Starting Date (month/year)</FP> <FP SOURCE="FP-DASH">Percentage of Construction now complete</FP> <FP SOURCE="FP-DASH">Estimated Service Availability Date (month/year)</FP> </EXTRACT> <FP>If sewage treatment facilities are to be supplied by an entity which is regulated by a governmental agency and which is not the developer or an affiliate or subsidiary of the developer and the entity has stated it can serve the anticipated population of the development, then information on capacity need not appear.</FP> <P>(C) If the developer or an affiliate or subsidiary of the developer operates the central system, have all necessary permits been obtained for the construction, operation and use of the the central system? Do these permits limit the number of connections or homes which the system may serve? If the permits have not been obtained, enter a warning to the effect that the necessary permits, approvals or licenses have not been obtained for the central sewage system; therefore there is no assurance that the system can be completed, operated or used.</P> <P>(D) If the system cannot now serve all lots included in the Statement of <PRTPAGE P="38"/>Record, either because the supplier of the service has not stated it can and will serve all lots or if construction has not reached a stage where all lots can be served or permits to serve all lots have not been obtained, include a warning which states that all lots cannot now be served; the number which can be served and the reason for the lack of capacity.</P> <P>(E) Will the purchaser pay any construction costs, special assessments, one time connection fees or availability fees? What are the amounts of these charges? If the purchaser is to pay construction costs of the sewer mains, state the cost of installation of the mains to the most remote lot in this Report.</P> <P>(F) If the purchaser wishes to use the lot prior to the date central sewer service is available, may the purchaser install an individual system? If so, include the information on individual systems required by § 1710.111(b)(1)(i). Will the purchaser be required to discontinue use of the individual system and connect to the central system when service is available? If the purchaser is not required to connect to the central system, must the purchaser still pay any construction costs, connection fees, availability fees, or special assessments? If the purchaser may not install an individual system, so state and indicate service will not be available until the central system reaches the lot.</P> <P>(G) If connection to the system is voluntary and not all purchasers elect to use the system, will the cost to those who do use the system be increased? If so, include a statement to the effect that connection to the central system is voluntary and those who use the system may have to pay a disproportionate share of the cost of the system and its operation.</P> <P>(H) Is there any financial assurance of completion of the central system and any future expansion? If not, include a warning that no funds have been set aside in an escrow or trust account nor have any other financial arrangements been made to assure the completion of the central system; therefore there is no assurance that it will be completed.</P> <P>(I) If previous completion dates given in prior Statements of Record have not been met, state that previous dates have not been met and give the previous dates. Underline the answer. If the central sewage treatment and collection system are 100 percent completed, no dates are needed.</P> <P>(J) If the developer is to construct the system and will later turn it over to a property owners' association for operation and maintenance, state the date of the transfer and whether there will be any charge for the conveyance and if it will be conveyed free and clear of any encumbrance. If there is a charge or if the association must assume an encumbrance, state the estimated amount of either and the terms for retirement of either obligation.</P> <P>(K) If the owner or operator of the central sewer system is other than a governmental agency or an entity which is regulated and supervised by a governmental agency, state that neither the operation of the sewer system nor the rates are regulated by a public authority.</P> <P>(L) The following warning shall be included unless:</P> <P>(<E T="03">1</E>) The central sewer system is owned and operated by the developer, or an affiliate or subsidiary of the developer, or</P> <P>(<E T="03">2</E>) The central sewer system is owned and operated by a governmental agency or by an entity which is regulated and supervised by a governmental agency. </P> <EXTRACT> <P>“We do not own or operate the central sewer system so we cannot assure its continued availability for your use.”</P> </EXTRACT> <P>(c) <E T="03">Electricity.</E> (1) Who will provide electrical services to the subdivision?</P> <P>(2) Have primary electrical service lines been extended in front of, or adjacent to, all of the lots? If not, when (month and year) or under what conditions will construction begin and when will service be available? If they have not been installed, who is responsible for their construction?</P> <FP>If electrical service lines have not been extended in front of, or adjacent to, all lots and there are separate units or sections having different service availability dates, the following chart shall <PRTPAGE P="39"/>be used rather than a narrative paragraph.</FP> <GPOTABLE CDEF="xl10,xl30,xl30,r30" COLS="4" OPTS="L2"> <TTITLE>Electric Service</TTITLE> <BOXHD> <CHED H="1">Unit</CHED> <CHED H="1">Estimated starting date (month and year)</CHED> <CHED H="1">Percentage of construction complete</CHED> <CHED H="1">Estimated service availability date (month and year)</CHED> </BOXHD> <ROW> <ENT I="01"/> </ROW> <ROW> <ENT I="01"/> </ROW> <ROW> <ENT I="01"/> </ROW> </GPOTABLE> <P>(3) If construction of the lines or service to the ultimate consumer is provided by an entity other than a publicly regulated utility, who provides, or will provide, the service? Who will be responsible for maintenance? What is the assurance of completion? If service is not provided by a publicly regulated utility, what charges or assessments will the purchaser pay?</P> <P>(4) If the primary service lines have not been extended in front of, or adjacent to each lot, will the purchaser be responsible for any construction costs? If so, what is the utility company's policy and charges for extension of primary lines? Based on that policy, what would be the cost to the purchaser for extending primary service to the most remote lot in this Report?</P> <P>(5) If electrical service will not be provided, what is an alternate source (e.g., generators, etc.) and what are the estimated costs?</P> <P>(6) If the lines are to be installed by some entity other than a publicly regulated utility and if there is no financial assurance of completion, include a warning to the effect that no funds have been set aside in an escrow or trust account nor have any other financial arrangements been made to assure construction of the electric lines.</P> <P>(d) <E T="03">Telephone.</E> (1) Is telephone service now, or will it be, available? Who will furnish the service?</P> <P>(2) Have the service lines been extended in front of, or adjacent to, each of the lots? If not, when, and under what conditions, will construction be started and when will service be available (month and year)?</P> <P>(3) If the service lines have not been extended in front of, or adjacent to, each lot, will the purchaser be responsible for any construction costs? If so, what is the utility company's policy and charges for extension of service lines? Based on that policy, what would be the cost to the purchaser of extending service lines to the most remote lot in this Report?</P> <P>(e) <E T="03">Fuel or other energy source.</E> (1) What fuel, or other energy source, will be available for heating, cooking, etc. in the subdivision? If other than electricity is to be used, describe the availability of the fuel or other energy source. Give the name and address of the supplier. If the fuel is natural gas, when will the mains be installed to the lots? What is the cost to the purchaser for installation fees and connection fees? If oil or propane gas will be used, include the cost of a storage tank.</P> <P>(2) [Reserved]</P> </SECTION> <SECTION> <SECTNO>§ 1710.112</SECTNO> <SUBJECT>Financial information.</SUBJECT> <P>(a) The information required by paragraphs (b) and (c) of this section need appear only if the answer to the question is an affirmative one.</P> <P>(b) Has the developer had a deficit in retained earnings or experienced an operating loss during the last fiscal year or, if less than a year old, since its formation? If so, include a statement to the effect that this may affect the developer's ability to complete promised facilities and to discharge financial obligations. This statement may be omitted if:</P> <P>(1) All facilities, utilities and amenities proposed to be completed by the developer in the Property Report and sales contract have been completed so that the lots included in the Statement of Record are immediately usable for the purpose for which they are sold, or if:</P> <P>(2) The developer is contractually obligated to the purchaser to complete all facilities, utilities and amenities promised by it in the Statement of Record, and:</P> <P>(i) The developer has made financial arrangements, such as the posting of surety bonds (corporate or individual notes or bonds are not acceptable), irrevocable letters of credit, escrow or trust accounts, to assure that the facilities, utilities and amenities will be completed by the dates set out in the Property Report or contract;</P> <P>(ii) The sales contract provides for delivery of a deed within 180 days of <PRTPAGE P="40"/>the signing of the contract which conveys title free of any mortgage or lien, or the developer has filed an assurance of title agreement with OILSR as outlined in § 1710.212(e); and</P> <P>(iii) Any down payments or deposits are held in an escrow or trust account.</P> <P>(c) If the developer's financial statements have been audited, did the accountant qualify the opinion or decline to give an opinion? If so, why was the opinion qualified or declined?</P> <P>(d) The following statement shall appear: </P> <EXTRACT> <P>A copy of our financial statements for the period ending ———————— is available from us upon request.</P> </EXTRACT> <P>(e) The information furnished in § 1710.212(b) may necessitate a warning as to costs and/or feasibility of the completion of the subdivision.</P> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 49 FR 31370, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.113</SECTNO> <SUBJECT>Local services.</SUBJECT> <P>(a) <E T="03">Fire protection.</E> Describe the availability of fire protection and indicate whether it is available year round.</P> <P>(b) <E T="03">Police protection.</E> Describe the availability of police protection.</P> <P>(c) <E T="03">Schools.</E> State whether elementary, junior high and senior high schools are available to residents of the subdivision. Is school bus transportation available from within the subdivision?</P> <P>(d) <E T="03">Hospital.</E> Give the name and location of the nearest hospital and state whether ambulance service is available.</P> <P>(e) <E T="03">Physicians and dentists.</E> State the location of the nearest physicians' and dentists' offices.</P> <P>(f) <E T="03">Shopping facilities.</E> State the location of the nearest shopping facilities.</P> <P>(g) <E T="03">Mail service.</E> If there is no mail service to the subdivision, describe the arrangements the purchasers must make to receive mail service.</P> <P>(h) <E T="03">Public transportation.</E> Is there public transportation available in the subdivision or to nearby towns? If not, give the location of the nearest public transportation and the distance from the subdivision.</P> </SECTION> <SECTION> <SECTNO>§ 1710.114</SECTNO> <SUBJECT>Recreational facilities.</SUBJECT> <P>(a) <E T="03">Recreational facilities to be covered.</E> Unless otherwise indicated, all information required by paragraphs (b) and (c) of this section shall be provided for only those recreational facilities which</P> <P>(1) The developer is contractually responsible to provide or complete and which are:</P> <P>(i) Within, adjacent or contiguous to the subdivision, and</P> <P>(ii) Maintained substantially for the use of lot owners; or</P> <P>(2) For which a third party is responsible and which are:</P> <P>(i) Within, adjacent or contiguous to the subdivision, and</P> <P>(ii) Maintained substantially for the use of lot owners.</P> <P>(b) <E T="03">Recreational facility chart.</E> Complete the below chart in accordance with the instructions which follow it. This chart shall immediately follow the § 1710.114 heading. Limit the chart to facilities provided essentially for use of lot buyers.</P> <GPOTABLE CDEF="xl50,xl50,xl50,xl50,xl50,xl50" COLS="6" OPTS="L1"> <BOXHD> <CHED H="1">Facility</CHED> <CHED H="1">Percentage of construction now complete</CHED> <CHED H="1">Estimated date of start of construction (month/year)</CHED> <CHED H="1">Estimated date available for use (month/year)</CHED> <CHED H="1">Financial assurance of completion</CHED> <CHED H="1">Buyer's annual cost or assessments</CHED> </BOXHD> <ROW> <ENT I="11"/> </ROW> <ROW> <ENT I="11"/> </ROW> </GPOTABLE> <P>(1) <E T="03">Facility.</E> Identify each recreational facility. Identify closely related facilities (e.g., swimming pool and bathhouse) separately only if their availability dates differ. If any recreational facility is not owned by the developer, insert a warning below the chart phrased substantially as follows: </P> <EXTRACT> <P>“We do not own the (name of facility or facilities) so we can not assure its (their) continued availability.”</P> </EXTRACT> <P>(2) <E T="03">Percent complete.</E> State the present percentage of completion of construction for each recreational facility.</P> <P>(3) <E T="03">Estimated date of start of construction.</E> Insert the estimated date of the <PRTPAGE P="41"/>start of construction for the facility (month and year).</P> <P>(4) <E T="03">Estimated date available for use.</E> If the construction of the facility is not complete or if it is not available to lot owners for its intended use, indicate the estimated date (month and year) that the facility will be available for use. If the “estimated date available for use” for any facility has been amended to delay it to a later date, indicate such delay in a statement immediately below the chart. Underline the response.</P> <FP>This statement shall include the name of the facility and the prior estimated availability date, and it shall be referenced to the appropriate facility listed on the chart by use of an asterisk or other appropriate symbol. If a facility is 100 percent completed and in use, no date is needed.</FP> <P>(5) <E T="03">Financial assurance of completion.</E> If the construction of the facility is not complete, state whether there is any financial assurance of completion. If none, state “none”. If such exists, state the type of assurance (i.e. bond, escrow, or trust). If no documentation for such assurance has been provided in § 1710.214 of the Statement of Record, then do not indicate such assurance on the chart, but in place of such assurance on the chart state “none”.</P> <P>(6) <E T="03">Buyer's annual cost or assessments.</E> State the lot buyer's annual cost or assessments for using the facility. These costs should include any applicable property owners' association assessment, and the developer's maintenance assessment. If the cost information is lengthy, you may use an asterisk or other appropriate symbol and include the cost information in a paragraph below the chart.</P> <P>(c) Information to be provided below the recreational facility chart and related warnings.</P> <P>(1) <E T="03">Constructing the facilities.</E> If the facilities are not complete, indicate who is responsible for the construction of the facilities. Indicate whether the purchaser will be required to pay any of the cost of construction of these facilities (estimate and disclose such cost, if any).</P> <P>(2) <E T="03">Maintaining the facilities.</E> Indicate who is responsible for the operation and maintenance of these facilities.</P> <P>(3) <E T="03">Facilities which will be leased to lot purchasers.</E> If no facilities covered here will be leased to a Property Owners' Association or other lot owners in the subject subdivision, omit this caption and any information requested under it from the Property Report. If such leases exist or are anticipated, state which facilities are or will be leased and indicate the term of the lease. Also, state whether the lot owners will have an opportunity to terminate or ratify the lease after control of the Property Owners' Association is turned over to them. Indicate whether the owner of a recreational facility leased to the Property Owners' Association or other lot owners may encumber it and whether the holders of such encumbrances may acquire the leased facilities and not honor the lease. Indicate whether the lease payments may be increased on an escalating or other basis and what costs or expenses, if any, will be borne by the owner. State whether the lease can be assigned or sublet. State how the lease can be terminated.</P> <P>(4) <E T="03">Transfer of the facilities.</E> If there are presently any liens or mortgages on any of these recreational facilities, describe such liens or mortgages. If the developer, or owner of the subdivision, their principals, or subsidiaries, intend to transfer the title of a listed recreational facility in the future, explain at what time, by what type of conveyance, and to whom such transfer will be made. Disclose any adverse effects on, or cost to, lot purchasers which may be caused by such transfer. If any facility is to be transferred to lot owners as a Property Owners' Association or otherwise, state whether the facility will be transferred free and clear of all liens and encumbrances. If not, state the amount of the encumbrance to be assumed and disclose any contractual conditions on such transfer which relate to lot purchasers.</P> <P>(5) <E T="03">Permits.</E> If the necessary permits have not been obtained for the construction and/or use of the facilities, identify the facilities for which such permits have not been obtained and include the following statement, or one substantially the same, in the narrative under the caption “Permits”. </P> <EXTRACT> <P>“The (identify the permit or license) has not been obtained and therefore there is no <PRTPAGE P="42"/>assurance that the lot owners will be able to use the (identify the facility)”.</P> </EXTRACT> <P>(6) <E T="03">Who may use the facilities.</E> Indicate who will be permitted to use the recreational facilities (e.g., lot owners, their guests, employees of developer, general public, etc.). If the general public will be permitted to use the facilities include the following statement in the narrative under the caption “Who may use the facilities”: </P> <EXTRACT> <P>“The (identify the facility) is open to use by the general public and their use of the facility may limit use of it by lot owners”.</P> </EXTRACT> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 45 FR 40489, June 13, 1980; 50 FR 10942, Mar. 19, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.115</SECTNO> <SUBJECT>Subdivision characteristics and climate.</SUBJECT> <P>(a) <E T="03">General topography.</E> What is the general topography and the major physical characteristics of the land in the subdivision? State the percentage of the subdivision which is to remain as natural open space and as developed parkland. Are there any steep slopes, rock outcroppings, unstable or expansive soil conditions, etc., which will necessitate the use of special construction techniques to build on, or use, any lot in the subdivision? If so, identify the lots affected, and describe the techniques recommended. If any lots in the subdivision have a slope of 20%, or more, include a warning that “Some lots in this subdivision have a slope of 20%, or more. This may affect the type and cost of construction.”</P> <P>(b) <E T="03">Water coverage.</E> Are any lots, or portions of any lots, covered by water at any time? What lots are affected? When are they covered by water? How does this affect their use for the purpose for which they are sold? Can the condition be corrected? At what cost to the purchaser?</P> <P>(c) <E T="03">Drainage and fill.</E> Identify the lots which require draining or fill prior to being used for the purpose for which they are being sold. Who will be responsible for any corrective action? If the purchaser is responsible, what are the estimated costs?</P> <P>(d) <E T="03">Flood plain.</E> Is the subdivision located within a flood plain or an area designated by any Federal, State or local agency as being flood prone? What lots are affected? Is flood insurance available? Is it required in connection with the financing of any improvements to the lot? What is the estimated cost of the flood insurance?</P> <P>(e) <E T="03">Flooding and soil erosion.</E> (1) Does the developer have a program which provides, or will provide, at least minimum controls for soil erosion, sedimentation or periodic flooding throughout the subdivision?</P> <P>(2) If there is a program, describe it. Include in the decription information as to whether the program has been approved by the appropriate government officials; when it is to start; when it is to be completed (month and year); whether the developer is obligated to comply with the program and whether there is any financial assurance of completion.</P> <P>(3) If there is no program or if the program has not been approved by the appropriate officials or if the program does not provide minimum protection, include a statement to the effect that the measures being taken may not be sufficient to prevent property damage or health and safety hazards. (A minimum program will usually provide for:</P> <P>(i) Temporary measures such as mulching and seeding of exposed areas and silt basins to trap sediments in runoff water, and</P> <P>(ii) Permanent measures such as sodding and seeding in areas of heavy grading or cut and fill along with the construction of diversion channels, ditches, outlet channels, waterway stabilizers and sediment control basins.)</P> <P>(f) <E T="03">Nuisances.</E> Are there any land uses which may adversely affect the subdivision (e.g., unusal or unpleasant noises or odors, pollutants or nuisances such as existing or proposed industrial activity, military installations, airports, railroads, truck terminals, race tracks, animal pens, noxious smoke, chemical fumes, stagnant ponds, marshes, slaughterhouses and sewage treatment facilities)? If any nuisances exist, describe them. If there are none, state there are no nuisances which affect the subdivision.</P> <P>(g) <E T="03">Hazards.</E> (1) Are there any unusual safety factors which affect the subdivision (e.g., dilapidated buildings, abandoned mines or wells, air or vehicular <PRTPAGE P="43"/>traffic hazards, danger from fire or explosion or radiation hazards)? Is the developer aware of any proposed plans for construction which may create a nuisance or safety hazard or adversely affect the subdivision? If there are any existing hazards or if there is any proposed construction which will create a nuisance or hazard, describe the hazard or nuisance. If there are no existing or possible future hazards, state that there are none.</P> <P>(2) Is the area subject to natural hazards or has it been formally identified by any Federal, State or local agency as an area subject to the frequent occurrence of natural hazards (e.g., tornadoes, hurricanes, earthquakes, mudslides, forest fires, brush fires, avalanches, flash flooding, etc.)? If the jurisdiction in which the subdivision is located has a rating system for fire hazard, state the rating assigned to the land in the subdivision and explain its meaning.</P> <P>(h) <E T="03">Climate.</E> What are the average temperature ranges, summer and winter, for the area in which the subdivision is located (i.e., high, low and mean)? What is the average annual rainfall and snowfall?</P> <P>(i) <E T="03">Occupancy.</E> How many homes are occupied on a full- or part-time basis as of (date of submission)?</P> </SECTION> <SECTION> <SECTNO>§ 1710.116</SECTNO> <SUBJECT>Additional information.</SUBJECT> <P>(a) <E T="03">Property Owners' Association.</E> (1) Will there be a property owners' association for the subdivision? Has it been formed? What is its name? Is it operating? If not yet formed, when will it be formed? Who is responsible for its formation?</P> <P>(2) Does the developer exercise, or have the right to exercise, any control over the Association because of voting rights or placement of officers or directors? For how long will this control last?</P> <P>(3) Is membership in the association voluntary? Will non-member lot owners be subject to the payment of dues or assessments? What are the association dues? Can they be increased? Are members subject to special assessments? For what purpose? If membership in the association is voluntary and if the association is responsible for operating or maintaining facilities which serve all lot owners, include the following statement: </P> <EXTRACT> <P>“Since membership in the association is voluntary, you may be required to pay a disproportionate share of the association costs or it may not be able to carry out its responsibilities.”</P> </EXTRACT> <P>(4) What are the functions and responsibilities of the association? Will the association hold architectural control over the subdivision?</P> <P>(5) Are there any functions or services that the developer now provides at no charge for which the association may be required to assume responsibility in the future? If so, will an increase in assessments or fees be necessay to continue these functions or services?</P> <P>(6) Does the current level of assessments, fees, charges or other income provide the capability for the association to meet its present, or planned, financial obligations including operating costs, maintenance and repair costs and reserves for replacement? If not, how will any deficit be made up?</P> <P>(b) <E T="03">Taxes.</E> (1) When will the purchaser's obligation to pay taxes begin? To whom are the taxes paid? What are the annual taxes on an unimproved lot after the sale to a purchaser? If the taxes are to paid to the developer, include a statement that “Should we not forward the tax funds to the proper authorities, a tax lien may be placed against your lot.”</P> <P>(2) If the subdivision is encompassed within a special improvement district or if a special district is proposed, describe the purpose of the district and state the amount of assessments. Describe the purchasers obligation to retire the debt.</P> <P>(c) <E T="03">Violations and litigations.</E> This information need appear only if any of the questions are answered in the affirmative. Unless the Secretary gives prior approval for it to be omitted, a brief description of the action and its present status or disposition shall be given.</P> <P>(1) With respect to activities relating to or in violation of a Federal, state or local law concerned with the environment, land sales, securities sales, construction or sale of homes or home improvements, consumer fraud or similar activity, has the developer, the owner <PRTPAGE P="44"/>of the land or any of their principals, officers, directors, parent corporation, subsidiaries or an entity in which any of them hold a 10% or more financial interest, been:</P> <P>(i) Disciplined, debarred or suspended by any governmental agency, or is there now pending against them an action which could result in their being disciplined, debarred or suspended or,</P> <P>(ii) Convicted by any court, or is there now pending against them any criminal proceedings in any court? (OILSR suspension notices on preeffective Statements of Record and amendments need not be listed.)</P> <P>(2) Has the developer, the owner of the land, any principal, any person holding a 10% or more financial or ownership interest in either, or any officer or director of either, filed a petition in bankruptcy? Has an involuntary petition in bankruptcy been filed against it or them or have they been an officer or director of a company which became insolvent or was involved, as a debtor, in any proceedings under the Bankruptcy Act during the last 13 years?</P> <P>(3) Is the developer or any of its principals, any parent corporation or subsidiary, any officer or director a party to any litigation which may have a material adverse impact upon its financial condition or its ability to transfer title to a purchaser or to complete promised facilities? If so, include a warning which describes the possible effects which the action may have upon the subdivision.</P> <P>(d) <E T="03">Resale or exchange program.</E> (1) Are there restrictions which might hinder lot owners in the resale of their lots (e.g., a prohibition against posting signs, limitations on access to the subdivision by outside brokers or prospective buyers; the developer's right of first refusal; membership requirements)? If so, briefly explain the restrictions.</P> <P>(2) Does the developer have an active resale program? If the answer is “no”, include the following statement: “We have no program to assist you in the sale of your lot.”</P> <P>(3) Does the developer have a lot exchange program? If the answer is “yes”, describe the program; state any conditions and indicate if the program reserves a sufficient number of lots to accommodate all those wishing to participate. If there is no program or if sufficient lots are not reserved, include one of the following statements as applicable: “We do not have any provision to allow you to exchange one lot for another” or “We do not have a program which assures that you will be able to exchange your lot for another.”</P> <P>(e) <E T="03">Unusual situations.</E> This topic need appear only if one or more of the following cases apply to the subdivision, then only the applicable subject, or subjects, will appear.</P> <P>(1) <E T="03">Leases.</E> What is the term of the lease? Is it renewable? Is it recordable? Can creditors of the developer, or owner, acquire title to the property without any obligation to honor the terms of the lease? Are the lease payments a flat sum or are they graduated? Can the lessee mortgage or otherwise encumber the leasehold? Will the lessee be permitted to remove any improvements which have been installed when the lease expires or is terminated?</P> <P>(2) <E T="03">Foreign subdivision.</E> (i) Is the owner or developer of the subdivision a foreign country corporation? If legal action is necessary to enforce the contract, must it be taken in the courts of the country where the subdivision is located?</P> <P>(ii) Does the country in which the subdivision is located have any laws which restrict, in any way, the ownership of land by aliens? If so, what are the restrictions?</P> <P>(iii) Must an alien obtain a permit or license to own land, build a home, live, work or do business in the country where the subdivision is located? If so, where is such permit or license secured; for how long is it valid and what is its cost?</P> <P>(3) <E T="03">Time sharing.</E> (i) How is title to be conveyed? How many shares will be sold in each lot? How is use time allocated? How are taxes, maintenance and utility expenses divided and billed? How are voting rights in any Association apportioned? Are there management fees? If so, what are their amounts and how are they apportioned?</P> <P>(ii) Is conveyance of any portion of the lot contingent upon the sale of the <PRTPAGE P="45"/>remaining portions? Is the initial buyer responsible for any greater portion of the expense than his normal share until the remaining interests are sold? If the purchase of any of the portions is financed, will the default of one owner have any effect upon the remaining owners?</P> <P>(4) <E T="03">Memberships.</E> (i) Does the purchaser receive any interest in title to the land? What is the term of the membership? Is it renewable? What disposition is made of the membership in the event of the death of the member? Are the lots individually surveyed and the corners marked? If not, how does the member identify the area which the member is entitled to use? What is the approximate square footage the member is entitled to use? Are there different classes of membership? How are the different classes identified and what are the differences between them?</P> <P>(ii) If the member does not receive any interest in the title to the land, include a warning to the effect that “you receive no interest in the title to the land but only the right to use it for a certain period of time.”</P> <P>(f) <E T="03">Equal opportunity in lot sales.</E> State whether or not the developer is in compliance with title VIII of the Civil Rights Act of 1968 by not directly or indirectly discriminating on the basis of race, religion, sex or national origin in any of the following general areas: Lot marketing and advertising, rendering of lot services, and in requiring terms and conditions on lot sales and leases.</P> <FP>An affirmative answer cannot be given if the developer, directly or indirectly, because of race, color, religion, sex or national origin is:</FP> <P>(1) Refusing to sell or lease lots after the making of a bona fide offer or to negotiate for the sale or lease of lots or is otherwise making unavailable or denying a lot to any person, or</P> <P>(2) Discriminating against any person in the terms, conditions or privileges in the sale or leasing of lots or in providing services or facilities in connection therewith, or</P> <P>(3) Making, printing, publishing or causing to be made, printed or published any notice, statement or advertisement with respect to the sale or leasing of lots that indicates any preference, limitation or discrimination against any person, or</P> <P>(4) Representing to any person that any lot is not available for inspection, sale or lease when such lot is in fact available, or</P> <P>(5) For profit, inducing or attempting to induce any person to sell or lease any lot by representations regarding the entry or non-entry into the neighborhood of a person or persons of a particular race, color, religion, sex or national origin.</P> <P>(g) <E T="03">Listing of lots.</E> Provide a listing of lots which shall consist of a description of the lots included in the Statement of Record by the names or number of the section or unit, if any; the block number, if any; and the lot numbers. The lots shall be listed in the most efficient and concise manner. If the filing is a consolidation, the listing shall include all lots registered to date in the subdivision, except any which have been deleted by amendment.</P> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 49 FR 31370, 31371, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.117</SECTNO> <SUBJECT>Cost sheet, signature of Senior Executive Officer.</SUBJECT> <P>(a) <E T="03">Cost sheet—Format.</E> (1) The cost sheet shall be prepared in accordance with the following format and paragraph (a)(2) of this section.</P> <EXTRACT> <HD SOURCE="HD1">Cost Sheet</HD> <P>In additon to the purchase price of your lot, there are other expenditures which must be made.</P> <P>Listed below are the major costs. There may be other fees for use of the recreational facilities.</P> <P>All costs are subject to change.</P> <GPOTABLE CDEF="s50,9" COLS="2" OPTS="L0,6/7,i1"> <TDESC>Sales Price</TDESC> <ROW> <ENT I="01">Cash Price of lot</ENT> <ENT>$...............</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Finance Charge</ENT> <ENT>$...............</ENT> </ROW> <ROW RUL="n,d"> <ENT I="04">Total</ENT> <ENT>$...............</ENT> </ROW> <ROW EXPSTB="01"> <ENT I="21">Estimated one-time charges@@Q02</ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">1. Water connection fee/installation or private well</ENT> <ENT>$...............</ENT> </ROW> <ROW> <ENT I="01">2. Sewer connection fee/installation of private on-site sewer system</ENT> <ENT>$...............</ENT> </ROW> <ROW> <ENT I="01">3. Construction costs to extend electric and/or telephone services</ENT> <ENT>$...............</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">4. Other (Identify)</ENT> <ENT>$...............</ENT> </ROW> <ROW RUL="n,d"> <ENT I="22"/> <ENT>$...............</ENT> </ROW> <ROW RUL="n,d"> <ENT I="04">Total of estimated sales price and one-time charges</ENT> <ENT>$...............</ENT> </ROW> <ROW EXPSTB="01"> <PRTPAGE P="46"/> <ENT I="21">Estimated monthly/annual charges, exclusive of utility use fees</ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">1. Taxes—Average unimproved lot after sale to purchaser</ENT> <ENT>$...............</ENT> </ROW> <ROW> <ENT I="01">2. Dues and assessments</ENT> <ENT>$...............</ENT> </ROW> </GPOTABLE> <P>The information contained in this Property Report is an accurate description of our subdivision and development plans. </P> <FP SOURCE="FP-DASH"/> <FP>Signature of Senior Executive Officer</FP> </EXTRACT> <P>(2) <E T="03">Cost sheet instructions.</E> (i) All amounts for cost sheet items will be entered before the purchaser signs the receipt. However, any costs that are identical for all lots may be pre-printed.</P> <P>(ii) If a central water or sewer system will be used in all or part of the subdivision and a private system in all or other parts, then the portion that does not apply to the purchaser's lot shall be crossed out.</P> <P>(iii) If individual private systems may be used prior to the availability of service from any central system and the purchaser is not required to connect to any central system, both figures may be entered or only the highest cost figures may be used with a parenthetical explanation or footnote. If the purchaser is required to connect to any central system and discontinue the use of his private system when central service is available, both cost figures shall be given, together with an explanation or footnote.</P> <P>(iv) If there is a one time, lump sum “availability fee” which is assessed to the purchaser in connection with a central utility, include under “other” and identify.</P> <P>(v) Dues and assessments need be included only if they are involuntary regardless of use.</P> <P>(vi) At the discretion of the Secretary, where there is extreme diversity in the figures for different areas of the subdivision, variations may be permitted as to whether the figures will be printed, entered manually, or a range of costs used or any combination of these features.</P> <P>(vii) The estimated annual taxes shall be based upon the projected valuation of the lot after sale to a purchaser.</P> <P>(b) <E T="03">Signature of the Senior Executive Officer.</E> The Senior Executive Officer or a duly authorized agent shall sign the property report. Facsimile signatures may be used for p_urposes of reproduction of the property Report.</P> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 49 FR 31371, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.118</SECTNO> <SUBJECT>Receipt, agent certification and cancellation page.</SUBJECT> <P>(a) <E T="03">Format.</E> The receipt, agent certification and cancellation page shall be prepared in accordance with the sample printed herein.</P> <EXTRACT> <HD SOURCE="HD1"/> <HD SOURCE="HD1">Receipt, Agent Certification and Cancellation Page</HD> <HD SOURCE="HD1">purchaser receipt</HD> <HD SOURCE="HD1">Important: Read Carefully</HD> <FP SOURCE="FP-DASH">Name of subdivision</FP> <FP SOURCE="FP-DASH">OILSR number</FP> <FP SOURCE="FP-DASH">Date of report</FP> <P>We must give you a copy of this Property Report and give you an opportunity to read it before you sign any contract or agreement. By signing this receipt, you acknowledge that you have received a copy of our Property Report. </P> <FP SOURCE="FP-DASH">Received by</FP> <FP SOURCE="FP-DASH">Date</FP> <FP SOURCE="FP-DASH">Street address</FP> <FP SOURCE="FP-DASH">City</FP> <FP SOURCE="FP-DASH">State</FP> <FP SOURCE="FP-DASH">Zip</FP> <P>If any representations are made to you which are contrary to those in this Report, please notify the: </P> <P>Office of Interstate Land Sales Registration HUD Building, 451 Seventh Street, S.W. Washington, D.C. 20410 </P> <HD SOURCE="HD1">Agent Certification</HD> <P>I certify that I have made no representations to the person(s) receiving this Property Report which are contrary to the information contained in this Property Report. </P> <FP SOURCE="FP-DASH">Lot</FP> <FP SOURCE="FP-DASH">Block</FP> <FP SOURCE="FP-DASH">Section</FP> <FP SOURCE="FP-DASH">Name of salesperson</FP> <FP SOURCE="FP-DASH">Signature</FP> <FP SOURCE="FP-DASH">Date</FP> <PRTPAGE P="47"/> <HD SOURCE="HD1">Purchase Cancellation</HD> <P>If you are entitled to cancel your purchase contract, and wish to do so, you may cancel by personal notice, or in writing. If you cancel in person or by telephone, it is recommended that you immediately confirm the cancellation by certified mail. You may use the form below. </P> <FP SOURCE="FP-DASH">Name of subdivision</FP> <FP SOURCE="FP-DASH">Date of contract</FP> <FP>This will confirm that I/we wish to cancel our purchase contract.</FP> <FP SOURCE="FP-DASH">Purchaser(s) signature</FP> <FP SOURCE="FP-DASH">Date </FP> </EXTRACT> <P>(b) The original and one copy of this page shall be attached to the Property Report delivered to prospective purchasers. Carbon paper may be inserted between the two so that after the purchaser has signed the receipt and the salesman has signed the certification, the copy can be detached and retained by the developer for a period of three years from the date of execution or the term of the contract, whichever is the longer. Upon demand by the Secretary, the developer shall, without delay, make the copies of these receipts and certifications available for inspection by the Secretary or the developer shall forward to the Secretary any of the receipts and certifications, or copies thereof, as the Secretary may specify.</P> <P>(c) If the transaction takes place through the mails, the cost figures shall be entered and the person most active in dealing with the prospective purchaser shall sign the certification prior to mailing the Property Report to the purchaser. Otherwise, the certification shall be executed in the presence of the purchaser.</P> <P>(d) The date of Report appearing on the receipt shall be the same as that appearing on the cover sheet of the Property Report.</P> <P>(e) Notification of cancellation by mail shall be considered given at the time post-marked.</P> </SECTION> <SECTION> <SECTNO>§ 1710.200</SECTNO> <SUBJECT>Instructions for Statement of Record, Additional Information and Documentation.</SUBJECT> <P>The Additional Information and Documentation portion of the Statement of Record shall contain the statements and documents required in §§ 1710.208 through 1710.219. Each section number and its associated heading and each paragraph letter or number and their associated subheadings or captions must appear in this portion. Following each heading, subheading, or caption printed in this portion, the registrant shall insert an appropriate response. If a heading, subheading, or caption does not apply to the subdivision, it shall be followed by the words “not applicable”. Immediately after the page(s) on which the section number and answers for that section appear, insert the information or documents which support that section. In addition to the statements and documentation expressly required there shall be added any further material, information, documentation and certifications as may be necessary in the public interest and for the protection of purchasers or to cause the statements made to be not misleading in the light of the circumstances under which they are made.</P> </SECTION> <SECTION> <SECTNO>§ 1710.208</SECTNO> <SUBJECT>General information.</SUBJECT> <P>(a) <E T="03">Administrative information.</E> (1) State whether the material represents an initial Statement of Record or a consolidated Statement of Record. If it is a consolidated Statement of Record, identify the original OILSR number assigned to the initial Statement of Record. State whether subsequent Statements of Record will be submitted for additional lots in the subdivision.</P> <P>(2) Has the developer submitted a request for an exemption for the subdivision?</P> <P>(3) List the states in which registration has been made by the developer for the sale of lots in the subdivision.</P> <P>(4) If any State listed in paragraph (a)(3) of this section has not permitted a registration to become effective or has suspended the registration or prohibited sales, name the State involved and give the reasons cited by the State for their action.</P> <P>(5) State whether the developer has made, or intends to make, a filing with the U.S. Securities and Exchange Commission (SEC) which is related in any way to the subdivision. If a filing has been made with the SEC, give the SEC identification number; identify the prospectus by name; date of filing and <PRTPAGE P="48"/>state the page number of the prospectus upon which specific reference to the subdivision is made. Any disciplinary action taken against the developer by the SEC should be disclosed in §§ 1710.116 and 1710.216.</P> <P>(b) <E T="03">Subdivision information.</E> (1) If this is a consolidated Statement of Record, state the number of lots being added, the number of lots in prior Statements of Record and the new total number of lots. The Secretary must be able to reconcile the numbers stated here with the title evidence; the plat maps and the disclosure in § 1710.108.</P> <P>(2) State the number of acres represented by the lots in this Statement of Record. If this is a consolidated Statement of Record, state the number of acres being added, the number of acres in prior Statements of Record and the new total number of acres. State the total acreage owned in the subdivision, the number of acres under option or similar arrangement for acquisition of title to the land and the total acreage to be offered pursuant to the same common promotional plan.</P> <P>(3) State whether any lots have been sold in this subdivision since April 28, 1969 and prior to registration with this Office. If they were sold pursuant to an exemption, identify the exemption provision and state whether an advisory opinion, exemption order or exemption determination was obtained with respect to those lots sales. Give the OILSR number assigned to the exemption, if any.</P> <P>(c) <E T="03">Developer information.</E> (1) State the name, address, Internal Revenue Service number and telephone number of the owner of the land. If the owner is other than an individual, name the type of legal entity and list the interest, and extent thereof, of each principal. Identify the officers and directors.</P> <P>(2) If the developer is not the owner of the land, state the developer's name, address, Internal Revenue Service number and telephone number. If the developer is other than an individual, name the type of legal entity and list the interest, and the extent thereof, of each principal. Identify the officers and directors.</P> <P>(3) If you wish to appoint an authorized agent, state the agent's name, address and telephone number and scope of responsibility. This shall be the party designated by the developer to receive correspondence, service of process and notice of any action taken by OILSR. In all Statements of Record, including those for foreign subdivisions, the authorized agent shall be a resident of the United States. A change of the authorized agent will require an appropriate amendment.</P> <P>(4) State whether the owner of the land, the developer, its parent, subsidiaries or any of the principals, officers or directors of any of them are directly or indirectly involved in any other subdivision containing 100 or more lots. If so, identify the subdivision by name, location, and OILSR number, if any.</P> <P>(5) State whether the owner or developer is a subsidiary corporation. If either the owner or developer is a subsidiary corporation or if any of the principals of the owner or developer are corporate entities, name the parent and/or corporate entity and state the principals of each to the ultimate parent entity.</P> <P>(d) <E T="03">Documentation.</E> (1) Submit a copy of the property report, subdivision report, offering statement or similar document filed with the state or states with which the subdivision has been registered.</P> <P>(2) Submit a copy of a general plan of the subdivision. This general plan must consist of a map, prepared to scale, and it must identify the various proposed sections or blocks within the subdivision, the existing or proposed roads or streets, and the location of the existing or proposed recreational and/or common facilities. In an initial filing, this map must at least show the area included in the Statement of Record. In a consolidated Statement of Record, show areas being added, as well as the areas previously registered. If a map of the entire subdivision is submitted with the initial Statement of Record, and if no substantial changes are made when material for a consolidated Statement of Record is submitted, the original map may be incorporated by reference.</P> <P>(3)(i) If the developer is a corporation, submit a copy of the articles of incorporation, with all amendments; a copy of the certificate of incorporation <PRTPAGE P="49"/>or a certificate of a corporation in good standing and, if the subdivision is located in a state other than the one in which the original certificate of corporation was issued, a certificate of registration as a foreign corporation with the state where the subdivision is located.</P> <P>(ii) If the developer is a partnership, unincorporated association, joint stock company, joint venture or other form of organization, submit a copy of the articles of partnership or association and all other documents relating to its organization.</P> <P>(iii) If the developer is not the owner of the land, submit copies of the above documents for the owner.</P> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 45 FR 40489, June 13, 1980; 49 FR 31371, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.209</SECTNO> <SUBJECT>Title and land use.</SUBJECT> <P>(a) <E T="03">General information.</E> (1) State whether the developer has reserved the right to exchange or withdraw lots after a purchaser has signed a sales contract (e.g., for prior sales, failure to pass credit check). If yes, indicate this authority and make reference to the applicable paragraph in the sales contract or other document.</P> <P>(2) State whether there is a provision giving purchasers an option to exchange lots. If yes, indicate this and make reference to the applicable paragraph in the sales contract or other document.</P> <P>(3) State whether the developer knows of any instruments not of record which, if recorded, would affect title to the subdivision. If yes, copies of these instruments shall be submitted, except that copies of unrecorded contracts for sales of lots in the subdivision need not be submitted.</P> <P>(4)(i) Identify the Federal, State and local agencies or similar organizations which have the authority to regulate or issue permits, approvals or licenses which may have a material effect on the developer's plans with respect to the proposed division of the land, and any existing or proposed facilities, common areas or improvements to the subdivision.</P> <P>(ii) Describe or identify the land or facilities affected; the permit, approval or license required; and indicate whether the permit, approval or license has been obtained by the developer.</P> <P>(iii) If no agency regulates the division of the land or issues any permits, approvals or licenses with respect to improvements, so state.</P> <P>(iv) Answers must specifically cover the areas of environmental protection; environmental impact statements; and construction, dredging, bulkheading, etc. that affect bodies of water within or around the subdivision. Also include licenses or permits required by water resources boards, pollution control boards, river basin commissions, conservation agencies or similar organizations.</P> <P>(5) State whether it is unlawful to sell lots prior to the final approval and recording of a plat map in the jurisdiction where the subdivision is located.</P> <P>(b) <E T="03">Title evidence.</E> (1) Submit title evidence that specifically states the status of the legal and equitable title to the land comprising the lots covered by the Statement of Record and any common areas or facilities disclosed in the Property Report. Title evidence need not be submitted for those common areas and facilities which are not owned by the developer.</P> <P>(2) Acceptable title evidence shall be dated no earlier than 20 business days preceding the date of the filing of the Statement of Record with the Secretary. Previously issued title evidence may be updated to the date referred to in the preceding sentence by endorsements or attorneys' opinions of title.</P> <P>(3) The developer shall amend the title evidence to reflect the change in status of title of any previously registered, reacquired lots unless their status is at least as marketable as they were when first offered for sale by the developer as registered lots.</P> <P>(c) <E T="03">Forms of acceptable title evidence.</E> (1) An original or a copy of a signed owner's or mortgagee's policy of title insurance, title commitment, certificate of title or similar instrument issued by a title company authorized by law to issue such instruments in the state in which the subdivision is located. Title evidence that limits insurance or negligence liability to amounts less than the market value of the subject land at the time of its acquisition <PRTPAGE P="50"/>by the subdivision owner is not acceptable;</P> <P>(2) A legal opinion stating the condition of title, prepared and signed by an attorney at law experienced in the examination of titles and a member of the Bar in the state in which the property is located. The title opinion may be based on a Torrens land registration system certificate of title, or similar instrument, provided it meets all general title evidence requirements of this section and a copy of the registration certificate of title is submitted. Title opinions that limit negligence liability to amounts less than the market value of the subject land at the time of its acquisition by the subdivision owner are not acceptable.</P> <P>(d) <E T="03">Title searches.</E> The required evidence of the status of title shall be based on a search of all public records which may contain documents affecting title to the land or the developer's ability to deliver marketable title. The search must cover a period which is required or generally considered adequate for insuring marketability of title in the jurisdiction in which the subdivision is located. Such search shall include an examination of at least the following documents:</P> <P>(1) The records of the recorder of deeds or similar authority;</P> <P>(2) U.S. Internal Revenue Liens;</P> <P>(3) The records of the circuit, probate, or other courts including Federal courts and bankruptcy or reorganization proceedings which have jurisdiction to affect the title to the land;</P> <P>(4) The tax records;</P> <P>(5) Financing statements filed pursuant to the Uniform Commercial Code or similar law. If it is held that the financing statements do not affect the title of the land, include a statement of the legal authority for that opinion.</P> <FP>This search may be accomplished through the use of a title insurance company title plant, the information in which is based on current searches of the appropriate and necessary documents, including as a minimum those listed immediately above. For any attorney's title opinion based on Torrens certificates of title, the title search need only go beyond the original time of registration of the certificate of title for those types of encumbrances which were not conclusively settled by the proceedings at the time of such registration. In such cases, the required statement shall clearly reflect the documents and periods searched.</FP> <P>(e) <E T="03">Items to be included in the title evidence.</E> The acceptable title evidence must include the following information, instruments and statements and need not be repeated or duplicated elsewhere in the Statement of Record.</P> <P>(1) A legal description of the land on which the lots, common areas, and facilities covered by the title evidence are located. This legal description shall be adequate for conveying land in the jurisdiction in which the subdivision is located. If this legal description is based on a recorded plat, the lot numbers, recording place, book name, book number, and page number shall be stated in the description. If this legal description is given by metes and bounds, the title evidence shall include or be accompanied by a certified statement of the preparer of the title evidence, a licensed attorney, or an engineer or surveyor, indicating that all subject lots, common areas, and common facilities are encompassed within the metes and bounds description in the evidence. If at any time after the submission of the legal description required above, the description of the subject land is changed or found to be in error, a correcting amendment shall be made to the Statement of Record.</P> <P>(2) The name of the person(s) or other legal entity(ies) holding fee title to the property described.</P> <P>(3) The name of any person(s) or other legal entity(ies) holding a leasehold estate or other interest of record in the property described.</P> <P>(4) A listing of any and all exceptions or objections to the title, estate or interest of the person(s) or legal entity(ies) referred to in paragraph (e)(2) or (e)(3) of this section, including any encumbrances, easements, covenants, conditions, reservations, limitations or restrictions of record. (Any reference to exceptions or objections to title shall include specific references to the instruments in the public records upon which they are based). When an objection or exception to title affects less than all of the property covered by this Statement of Record, the title evidence <PRTPAGE P="51"/>shall specifically note what portion of the property is so affected.</P> <P>(5) Copies of all instruments in the public records specifically referred to in paragraph (e)(4) of this section. (Abstracts of such instruments are acceptable if prepared by an attorney or professional or official abstractor qualified and authorized by law to prepare and certify such abstracts and if the abstracts contain a material portion of the recorded instruments sufficient to determine the nature and effect of such instruments.) Also include copies of any release provisions, relating to encumbrances on the property described, which are not included in the documents otherwise required by this section.</P> <P>(6) If an attorney's title opinion has been submitted pursuant to this section which has been based on a Torrens land registration certificate of title, submit a copy of such certificate.</P> <P>(f) <E T="03">Supplemental title information.</E> (1) If there is a holder of an ownership interest in the land other than the developer, submit a copy of any documentation which evidences the developers' authorization to develop and/or sell the land.</P> <P>(2) Submit copies of any trust deeds, deeds in trust, escrow agreements or other instruments which purport to protect the purchaser in the event of default or bankruptcy by the developer on any instrument or instruments which create a blanket encumbrance upon the property unless they have been previously provided as part of “title evidence” submitted pursuant to paragraph (e) of this section.</P> <P>(3)(i) Submit copies of all forms of contracts or agreements and notes to be used in selling or leasing lots. The contracts or agreements, including promissory notes, must contain the following language in boldface type (which must be distinguished from the type used for the rest of the contract) on the face or signature page above all signatures: </P> <EXTRACT> <P>You have the option to cancel your contract or agreement of sale by notice to the seller until midnight of the seventh day following the signing of the contract or agreement.</P> <P>If you did not receive a Property Report prepared pursuant to the rules and regulations of the Office of Interstate Land Sales Registration, U.S. Department of Housing and Urban Development, in advance of your signing the contract or agreement, the contract or agreement of sale may be cancelled at your option for two years from the date of signing.</P> </EXTRACT> <P>(ii) If the purchaser is entitled to a longer revocation period by operation of State law or the Act, that period becomes the Federal revocation period and the contract or agreement must reflect the requirements of the longer period, rather than the seven days. This language shall be consistent with that shown on the Cover Page (see § 1710.105).</P> <P>(iii) The revocation provisions may not be limited or qualified in the contract or other document by requiring a specific type of notice or by requiring that notice be given at a specified place.</P> <P>(iv) If it is represented that the developer will provide or complete roads or facilities for waters, sewer, gas, electric service or recreational amenities, the contract must contain a provision that the developer is obligated to provide or complete such roads, facilities and amenities (see § 1715.15(f)).</P> <P>(4) Submit copies of deeds and leases by which the developer will lease or convey title to the lots to purchasers or lessees.</P> <P>(g) <E T="03">Plat maps, environmental studies and restrictions—</E>(1) <E T="03">Plat maps.</E> (i) In those jurisdictions where it is unlawful to sell lots prior to final approval and recording of the plat, and in those cases where a plat has been recorded, submit a copy of the recorded plat. This plat should be an exact copy of the recorded document. It should reflect the signatures of the approving authorities and bear a stamp or notation by the recorder of deeds, or similarly constituted officer, as to the recording data.</P> <P>(ii) If the plat has not been approved by the local authorities nor recorded, and if it is not unlawful to sell lots prior to final approval and recording, submit a map which has been prepared to scale and which shows the proposed division of the land, the lot dimensions and their relation to proposed or existing streets and roads. The map shall contain sufficient engineering data to enable a surveyor to locate the lots.<PRTPAGE P="52"/> </P> <P>(iii) Whether recorded or unrecorded, the plat or map should show:</P> <P>(A) The dimensions of each lot, stated in the standard unit of measure acceptable for such purposes in the political subdivision where the land is located.</P> <P>(B) A clear delineation of each of the lots and any common areas or facilities.</P> <P>(C) Any encroachments or rights-of-way on, over, or under the land, or a notation of these items together with the identity of the lots affected.</P> <P>(D) The courses, distances and monuments, natural or otherwise, of the land's boundaries; contiguous boundaries and identification or ownership of adjoining land and names of abutting streets, ways, etc.</P> <P>(E) The location of the section or unit encompassing the lots in relationship to the larger tract, or tracts, in the subdivision.</P> <P>(F) The delineation of any flood plains or flood control easments affecting any of the lots.</P> <P>(iv) The plat, or map shall be prepared by a licensed surveyor or engineer.</P> <P>(v) If all lots on each page of the plat are not included in the Statement of Record with which the plat or map is submitted, then the lots which are to be included in the Statement of Record shall be identified on the plat or map; a legend describing the method of identification shall be entered on the face of the plat or map and the number of lots so identified entered in the lower right hand corner of the plat map. The Secretary must be able to reconcile the totals of these numbers with the information given in §§ 1710.108 and 1710.208 of the Statement of Record and the title evidence.</P> <P>(2) <E T="03">Environmental impact study.</E> If the developer is aware of any environmental impact study which considers the effect of the subdivision on the environment, submit a summary of that study.</P> <P>(3) <E T="03">Restrictions or covenants.</E> Submit a copy of any recorded or proposed restrictions or covenants for the subdivision if not submitted elsewhere in this Statement of Record.</P> <FP>A copy of these restrictions or covenants shall be delivered to a prospective purchaser upon request. A supply shall be maintained at whatever place or places as will be necessary to allow immediate delivery upon request.</FP> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 45 FR 40489, June 13, 1980; 49 FR 31371, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.210</SECTNO> <SUBJECT>Roads.</SUBJECT> <P>(a) State the estimated cost to the developer of the proposed road system.</P> <P>(b) If the developer is to complete any roads providing access to the subdivision, submit copies of any bonds or escrow agreements which have been posted to guarantee completion thereof.</P> <P>(c) Submit copies of any bonds or escrow agreements which have been posted to assure completion of the roads within the subdivision.</P> <P>(d) If the interior roads are to be maintained by a public authority, submit a copy of a letter from that authority which states that the roads have been, or the conditions upon which they will be, accepted for maintenance and when.</P> </SECTION> <SECTION> <SECTNO>§ 1710.211</SECTNO> <SUBJECT>Utilities.</SUBJECT> <P>(a) <E T="03">Water.</E> (1) State the estimated cost to the developer of the central water system.</P> <P>(2) If water is to be supplied by a central system, furnish a letter from the supplier that it will supply the water. If the system is operated by a governmental division or by an entity whose operations are regulated by a governmental agency but which is not affiliated with or under the control of the developer, the letter shall include a statement that the supply of water will be sufficient to serve the anticipated population of the subdivision or how many homes or connections it can and will serve and that the water is tested at regular intervals and has been found to meet all standards for a public water supply.</P> <P>(3) If the water is to be supplied by individual wells, by an entity which is not regulated by a governmental agency, by the developer or by an entity which is affiliated with or controlled by the developer, submit a copy of any <PRTPAGE P="53"/>engineers' reports or hydrological surveys which indicate there is a sufficient supply of water to serve the anticipated population of the subdivision.</P> <P>(4) If the supplier of water is not in one of the categories in paragraph (a)(2) of this section, submit a copy of a letter or report from a cognizant health officer, or from a private laboratory licensed by the state to perform tests and issue reports on water, to the effect that the water was found to meet all drinking water standards required by the state for a public water system.</P> <P>(5) If any bond, escrow agreement or other financial assurance of the completion of the central system, including any phases which are to be constructed in the future, has been posted by the developer or an entity not regulated by a government agency, furnish a copy of the document.</P> <P>(6) Furnish a copy of any permits which have been obtained by the developer or any entity affiliated with or under the control of the developer in connection with the construction and operation of the central system. If a permit is required to install individual wells, submit a letter from the proper authority which states the requirements for obtaining the permit and that there is no objection to the use of individual wells in the subdivision.</P> <P>(7) Furnish a copy of any membership agreement or contract which allows or requires lot owners to use the central water system. If this document is furnished elsewhere in the Statement of Record, reference to it may be made here.</P> <P>(b) <E T="03">Sewer.</E> (1) State the estimated cost to the developer of the central sewer system.</P> <P>(2) If sewage disposal is to be by individual on-site systems, furnish a letter from the local health authorities giving general approval to the use of these systems in the subdivision or giving specific approval for each and every lot.</P> <P>(3) If sewage disposal is to be through a central system which is owned and operated by a governmental division, or by an entity whose operations are regulated by a governmental agency but which is not affiliated with, or under the control of, the developer, furnish a letter from the entity that it will provide this service and that its treatment facilities have the capacity to serve the anticipated population of the subdivision or how many homes or connections it can and will serve.</P> <P>(4) Furnish a copy of any permits obtained by the developer or any entity affiliated with or under the control of the developer, for the construction and operation of the central sewer system or construction and use of any other method of sewage disposal contemplated for the subdivision except those to be obtained by individual lot owners at a later date.</P> <P>(5) If any bond, escrow agreement or other financial assurance of the completion of the central system or other system for which the developer is responsible, and any future expansion, has been posted, furnish a copy of the document.</P> <P>(6) Furnish a copy of any membership agreement of contract which allows, or requires, the lot owners to use the central system. If this document is furnished elsewhere in the Statement of Record, it may be incorporated here by reference.</P> <P>(c) <E T="03">Electricity.</E> Give an estimate of the total construction cost to be expended by the developer and submit any instrument providing financial assurance of completion of the facilities which has been posted by the developer.</P> <P>(d) <E T="03">Telephone.</E> Give an estimate of the total construction cost to be expended by the developer and submit a copy of any instrument providing financial assurance of the completion of the facilities which has been posted by the developer.</P> </SECTION> <SECTION> <SECTNO>§ 1710.212</SECTNO> <SUBJECT>Financial information.</SUBJECT> <P>(a) <E T="03">Financing of improvements.</E> Describe the financing plan that is to be used in financing on-site or off-site improvements proposed in the Statement of Record.</P> <P>(b) Complete the following format:</P> <P>(1) Estimated date for full completion of amenities</P> <P>(2) Projected date for complete sell out of subdivision</P> <P>(3) Cost and expense recap for lots included in this Statement of Record:<PRTPAGE P="54"/> </P> <FP>(If the subdivision or common promotional plan contains, or will contain, 1000 or more lots, furnish this information in its entirety. If the subdivision or common promotional plan contains, or will contain, less than 1,000 lots, only paragraphs (b)(3) (iii) and (iv) need be completed.)</FP> <P>(i) Land acquisition cost or current fair market value of land.</P> <P>(ii) Development and improvement costs (include the estimated cost of such items as roads, utilities, and amenities which the developer will incur).</P> <P>(iii) Estimated marketing and advertising costs.</P> <P>(iv) Estimated sales commission.</P> <P>(v) Interest (include cost in financing the land purchase, improvements, or other borrowings).</P> <P>(vi) Estimated other expenses (include general costs, administrative costs, profit, etc.).</P> <P>(vii) Total.</P> <P>(4) Total land sales revenue:</P> <P>(i) Estimated total land sales income.</P> <P>(ii) Estimated other income.</P> <P>(iii) Total income.</P> <P>(c) <E T="03">Financial statements.</E> (1) Submit a copy of the developer's financial statements for the last full fiscal year. These statements shall be prepared in accordance with generally accepted accounting principles as prescribed by the Financial Accounting Standards Board and generally accepted auditing standards as prescribed by the American Institute of Certified Public Accountants, and shall be audited by an independent licensed public accountant. They shall include a balance sheet, a statement of profit and loss, a statement of changes in financial condition and a certified opinion by the accountant. The statements shall be no more than six months old on the date the Statement of Record is submitted.</P> <P>(2) If the audited statements are more than six months old at the date of submission of the Statement of Record, or if the last full fiscal year has ended within the last 90 days and audited Statements are not yet available, the developer may submit a copy of the audited statements for the previous full fiscal year and supplement them with unaudited, interim statements so that the financial information is no more than six months old on the date that the Statement of Record is submitted. The interim statements may be prepared by company personnel but must contain a balance sheet, a statement of profit and loss and a statement of changes in financial condition and be prepared in accordance with generally accepted accounting principles.</P> <P>(d) <E T="03">Annual report.</E> (1) Each year after the initial effective date, the developer shall submit a copy of its latest financial statements. These statements must meet the standards set out in § 1710.212(c)(1), unless the developer has qualified for an exception under § 1710.212(e), and must be submitted within 120 days after the close of the developer's fiscal year.</P> <P>(2) If a developer has submitted its latest statements with a consolidated filing since the close of its fiscal year and prior to the end of the 120 day period, a second submission of the statements to comply with this section is not necessary.</P> <P>(3) If the developer no longer has an active sales program on the date this report is due, the information set forth in § 1710.310(c)(7)(iii) may be furnished in lieu of this report.</P> <P>(e) <E T="03">Exceptions.</E> (1) If the developer does not have audited financial statements and the criteria in one of the following exceptions are met, statements need not be audited and certified but must meet all of the other requirements set forth in paragraphs (c)(1) and (2) of this section.</P> <P>(2) The term “conveys title free of any mortgage or lien” in these exceptions is not intended to prohibit the taking of an instrument as security for the lot purchase price after title is conveyed. For the purposes of these exceptions, these definitions shall apply:</P> <P>(i) “Deed” shall mean a warranty deed, or its equivalent, which conveys title free and clear of liens and encumbrances.</P> <P>(ii) “Assurance of Title Agreement” shall mean a legal arrangement whereby the purchaser is guaranteed a deed upon payment of no more than the full purchase price of the lot (e.g. subdivision trust). In addition to a copy of any <PRTPAGE P="55"/>Assurance of Title Agreement, the Secretary may require additional documentation such as an attorney's opinion letter to assure that the purchaser's title is fully protected.</P> <P>(iii) “Date of contract” shall mean the date on which the contract or agreement is signed by the purchaser.</P> <P>(iv) “Escrow or trust account as to down payments and deposits” shall mean an account, established in accordance with local real estate laws or regulations, which assures the return to the purchaser of any monies paid in the event title is not delivered to the purchaser in accordance with the terms of the contract.</P> <P>(3) The exceptions are:</P> <P>(i) The aggregate sales price of all lots offered pursuant to a common promotional plan equals $500,000.00 or less; or</P> <P>(ii) Each of the following conditions of paragraphs (e)(3)(ii)(A) and (B) are met, plus the conditions of one of paragraphs (e)(3)(ii)(C), (D), or (E):</P> <P>(A) Downpayments and deposits are held in an escrow or trust account.</P> <P>(B) The contract provides for delivery of a deed which conveys title free of any mortgage or lien within 180 days of the signing of the contract. (In lieu of delivery of a deed, the developer may submit to OILSR an Assurance of Title Agreement.)</P> <P>(C) The aggregate sales prices of all lots offered pursuant to a common promotional plan is at least $500,000 but less than $1,500,000.</P> <P>(D) All facilities, utilities and amenities proposed by the developer in the Property Report or sales contract have been completed so that the lots in the Statement of Record are immediately usable for the purpose for which they are sold.</P> <P>(E) (<E T="03">1</E>) The developer is contractually obligated to the purchaser to complete all facilities, utilities and amenities proposed by the developer in the Property Report and sales contract so that all lots included in the Statement of Record will be usable for the purpose for which they are sold by the dates set out in the Property Report, and;</P> <P>(<E T="03">2</E>) The developer has made financial arrangements, such as the posting of surety bonds (corporate bonds or individual notes or bonds are not acceptable), irrevocable letters of credit or the establishment of escrow or trust accounts, which assure completion of all facilities, utilities and amenities proposed by the developer in the Property Report or contract.</P> <P>(f) <E T="03">Newly-formed entity.</E> If the developer is newly formed or has not had any significant operating experience, an audited or unaudited balance sheet and statements of receipts and disbursements of funds may be submitted.</P> <P>(g) <E T="03">Use of parent company statements.</E> If the developer is a subsidiary company and does not have audited financial statements, the Secretary may permit the use of the audited and certified statements of the parent company: <E T="03">Provided,</E> That those statements are accompanied by an unconditional guaranty that the parent shall perform and fulfill the obligations of the subsidiary. If this procedure is adopted, the developer shall submit the following:</P> <P>(1) The audited and certified financial statements of the parent company, together with interim statements if necessary, which comply with § 1710.212(c).</P> <P>(2) A properly executed guaranty in a form acceptable to the Secretary.</P> <FP>The disclosure information required in § 1710.112 shall be appropriately amended to reference the parent company and not the developer and must include a statement to the effect that the developer's parent company (insert name) has entered into an unconditional guaranty to perform and fulfill the obligations of the developer.</FP> <P>(h) <E T="03">Opinions.</E> If the accountant qualifies or disclaims his opinion, the Secretary may accept the statements and require such additional disclosure as the Secretary deems necessary in the public interest or for the protection of purchasers.</P> <P>(i) <E T="03">Copies for prospective purchasers.</E> Copies of the financial statements filed with the Statement of Record shall be made available to prospective purchasers upon request. A supply of the latest submitted statements shall be maintained at whatever place, or places, as is necessary to allow immediate delivery upon request by a prospective purchaser. These statements shall contain financial information <PRTPAGE P="56"/>only and shall not include any promotional material such as that usually set forth in annual reports.</P> <P>(j) <E T="03">Change from audited to unaudited statements.</E> (1) Developers who file audited statements must continue with audited statements throughout the duration of the registration unless, at a later date, the developer submits amendments which demonstrate to the satisfaction of the Secretary that it then qualifies for an exception from audited statements under paragraph (e)(3)(ii) of this section. For purposes of paragraph (e)(3)(ii)(C) of this section, the Secretary will consider the aggregate sales prices of only the lots yet to be sold, and may consider whether any additions to the subdivisions or reacquisitions of lots already sold would be likely to cause the dollar limits to be exceeded.</P> <P>(i) The aggregate sales prices of the lots yet to be sold in the subdivision has been reduced to less than $1,500,000.00, and that it will not exceed this amount through further additions to the subdivison, or through the reacquisition of lots already sold, and;</P> <P>(ii) The sales contract provides for delivery of a deed within 120 days of the date of the contract which conveys title free and clear of any mortgage or lien or the developer files an Assurance of Title Agreement with OILSR, and;</P> <P>(iii) Any down payments or deposits are held in an escrow or trust account, or;</P> <P>(iv) The developer then qualifies for exception (e)(3)(iii) or (e)(3)(iv) above.</P> <P>(2) The Secretary may allow a developer, who has made sales prior to registration, to submit unaudited statements under the provisions of paragraph (j)(1)(i) of this section. The developer must demonstrate to the satisfaction of the Secretary that the acceptance of unaudited statements would not be a detriment to the public interest or to the protection of purchasers.</P> <CITA>[44 FR 21453, Apr. 10, 1979, as amended at 45 FR 40490, June 13, 1980; 49 FR 31372, Aug. 6, 1984; 50 FR 10942, Mar. 19, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.214</SECTNO> <SUBJECT>Recreational facilities.</SUBJECT> <P>(a) Submit a synopsis of the proposed plans and estimated cost of any proposed or partially constructed recreational facility disclosed in § 1710.114. This item should include the general dimensions and a brief description of the facility but it should not include blueprints or similar technical materials.</P> <P>(b) Submit a copy of any bond or escrow arrangements to assure completion of the recreational facilities disclosed in § 1710.114 which are not structurally complete.</P> <P>(c) Submit a copy of the lease for any leased recreational facility.</P> </SECTION> <SECTION> <SECTNO>§ 1710.215</SECTNO> <SUBJECT>Subdivision characteristics and climate.</SUBJECT> <P>(a) Submit <E T="03">two</E> copies of a current geological survey topographic map, or maps, of the largest scale available from the U.S. Geological Survey with an outline of the entire subdivision and the area included in this Statement of Record clearly indicated. Photo copies made by the developer are not acceptable. Do not shade the areas on the maps which have been outlined.</P> <P>(b) If drainage facilities are proposed but not yet completed, submit a synopsis of the developer's proposed plans which includes a description of the system of collecting surface waters; a description of the steps to be taken to control erosion and sedimentation and the estimated cost of the drainage facilities.</P> <P>(c) Submit copies of any bonds, escrow or trust accounts or other financial assurance of completion of the drainage facilities.</P> <P>(d) State whether the jurisdiction in which the subdivision is located has a system for rating the land for fire hazards.</P> </SECTION> <SECTION> <SECTNO>§ 1710.216</SECTNO> <SUBJECT>Additional information.</SUBJECT> <P>(a) <E T="03">Property Owners' Association.</E> (1) If the association has been formed as a legal entity, submit a copy of the articles of association, bylaws or similar documents, and a copy of the charter or certificate of incorporation.</P> <P>(2) If the developer exercises any control over the association, state whether any contracts have been executed between the association and the developer or any affiliate or principal of the developer. If there have been, briefly summarize the terms of the contracts, their purpose, their duration and the <PRTPAGE P="57"/>method and rate of payment required by the contract. State whether the association may modify or terminate the contracts after the owners assume control of the association.</P> <P>(3) State whether there is any agreement which would require the association to reimburse the developer, its affiliates or successors for any attorney's fees or costs arising from an action brought against them by the association or individual property owners regardless of the outcome of the action.</P> <P>(4) If the answer to paragraph (a)(2) or (a)(3) of this section is in the affirmative, disclosure may be required in § 1710.116(a) at the discretion of the Secretary.</P> <P>(5) Submit a copy of any membership agreement or similar document.</P> <P>(b) <E T="03">Price range, type of sales and marketing.</E> (1) State the price range of lots in the subdivision.</P> <P>(2) State the type of sales to be made, i.e., contract for deed, cash, deed with security instrument, etc.</P> <P>(3) Describe the methods of advertising and marketing to be used for the subdivision. The description should include, but need not be limited to, information on such matters as to:</P> <P>(i) Whether the developer will employ his own sales force or will contract with an outside group;</P> <P>(ii) Whether wide area telephone solicitation will be employed;</P> <P>(iii) Whether presentations will be made away from the immediate vicinity of the subdivision and/or if prospective purchasers will be furnished transportation from distant cities to the subdivision;</P> <P>(iv) Whether mass mailing techniques will be used and gifts offered to those who respond.</P> <P>(4) Submit a copy of any advertising or promotional material that is, or has been, used for the subdivision that:</P> <P>(i) Mentions or refers to recreational facilities which are not disclosed in § 1710.114, or;</P> <P>(ii) Promotes the sale of lots based on the investment potential or expected profits, or;</P> <P>(iii) Contains information which is in conflict with that disclosed in this Statement of Record.</P> <FP>Amendments to reflect changes in advertising or promotional material need be filed only when there is a material change related to one of the above factors. Depending upon the content of the material submitted, the Secretary may require additional warnings in the Property Report portion.</FP> <P>(c) <E T="03">Violations and litigation.</E> (1) Submit a copy of the complaint(s), the answer(s) and the decision(s) for any litigation listed in § 1710.116(c).</P> <P>(2) If it is indicated in § 1710.116(c) that the developer or any of the parties involved in the subdivision are, or have been, the subject of any bankruptcy proceedings, furnish a copy of the schedules of liabilities and assets (or a recap of those schedules); the petition number; the date of the filing of the petition; names and addresses of the petitioners, trustee and counsel; the name and location of the court where the proceedings took place and the status or disposition of the petition.</P> <FP>Explain, briefly, the cause of the action.</FP> <P>(3) Furnish a copy of any orders issued in connection with any violations listed in § 1710.116(c).</P> <P>(d) <E T="03">Resale or exchange program.</E> (1) If it is stated in § 1710.116(d)(3) that there is an exchange program which provides sufficient lots to satisfy all requests for exchange, describe the method used to determine the number of lots required; state whether these lots have been reserved or set aside; whether additional lots will be provided if the lots available for exchange are exhausted and the source of any additional lots.</P> <P>(e) <E T="03">Unusual situations—</E>(1) <E T="03">Foreign subdivisions.</E> If the subdivision is located outside the several States, the District of Columbia, the Commonwealth of Puerto Rico or the territories or possession of the United States, the Statement of Record shall be submitted in the English language and all supporting documents, including copies of any laws which restrict the ownership of land by aliens, shall be submitted in their original language and shall be accompanied by a translation into English.</P> </SECTION> <SECTION> <SECTNO>§ 1710.219</SECTNO> <SUBJECT>Affirmation.</SUBJECT> <P>The following affirmation shall be executed by the senior executive officer or a duly authorized agent: </P> <EXTRACT> <PRTPAGE P="58"/> <P>I hereby affirm that I am the Senior Executive Officer of the developer of the lots herein described or will be the Senior Executive Officer of the developer at the time lots are offered for sale or lease to the public, or that I am the agent authorized by the Senior Executive Officer of such developer to complete this statement (if agent, submit written authorization to act as agent); and,</P> <P>That the statements contained in this Statement of Record and any supplement hereto, together with any documents submitted herein, are full, true, complete, and correct; and,</P> <P>That the developer is bound to carry out the promises and obligations set forth in this Statement of Record and Property Report or I have clearly stated who is or will be responsible; and</P> <P>That the fees accompanying this submission are in the amount required by the rules and regulations of the Office of Interstate Land Sales Registration. </P> <FP SOURCE="FP-DASH"/> <FP>(Date)</FP> <FP SOURCE="FP-DASH"/> <FP>(Signature)</FP> <FP SOURCE="FP-DASH"/> <FP>(Corporate seal if applicable)</FP> <FP SOURCE="FP-DASH"/> <FP>(Title)</FP> <P> <E T="04">Warning:</E> Section 1418 of the Housing and Urban Development Act of 1968 (82 Stat. 598, 15 U.S.C. 1717) provides: “Any person who willfully violates any of the provisions of this title or of the rules and regulations or any person who willfully, in a Statement of Record filed under, or in a Property Report issued pursuant to this title, makes any untrue statement of a material fact ***, shall upon conviction be fined not more than $10,000.00 or imprisoned not more than 5 years, or both.”</P> </EXTRACT> <CITA>[45 FR 40490, June 13, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.310</SECTNO> <SUBJECT>Annual report of activity.</SUBJECT> <P>(a) As an integral part of the Statement of Record, the developer shall file with the Secretary an Annual Report of Activity on any initial or consolidated registration not under suspension. For this purpose, only one Annual Report of Activity will be expected for subdivisions on which developers have filed consolidations. For registrations certified by a State as provided for in § 1710.500, a developer need file only one Annual Report of Activity for any registration for which the OILSR number is the same (alphabetic designators indicate that the registration has been treated as a consolidation).</P> <P>(b) The report shall be submitted within 30 days of the annual anniversary of the effective date of the initial Statement of Record.</P> <P>(c) The report shall contain the following information:</P> <P>(1) Subdivision name and address.</P> <P>(2) Developer's name, address and telephone number.</P> <P>(3) Agent's name, address and telephone number.</P> <P>(4) Interstate Land Sales Registration number.</P> <P>(5) The date on which the initial filing first became effective.</P> <P>(6) The number of registered lots, parcels or units which are unsold as of the date on which the report is due.</P> <P>(7) One of the following:</P> <P>(i) A statement that the developer is still engaged in land sales activity at the subject subdivision and that there have been no changes in material fact since the last effective date was issued which would require an amendment to the Statement of Record; or</P> <P>(ii) A statement that the developer is still engaged in land sales activity at the subject subdivision, that material changes have occurred since the last effective date, and that corrected pages to the Property Report portion or Additional Information and Documentation portion of the Statement accompany the report; or</P> <P>(iii) A statement that the developer is no longer engaged in land sales activity at the subject subdivision, together with the reason the developer is no longer selling (e.g., all lots sold to the public or the remaining lots sold to another developer, along with the date of sale and the new developer's name, address and telephone number). A request may be made that the Statement of Record be voluntarily suspended. The request should be submitted in duplicate and will become effective upon the counter-signature of the Secretary (or an authorized Designee) with the duplicate being returned to the developer.</P> <P>(8) The report shall be dated and shall be signed by the senior executive officer of the developer on a signature line above his typed name and title. The senior executive officer's acknowledgement shall be attested to or certified by a notary public or similar <PRTPAGE P="59"/>public official authorized to attest or certify acknowledgements in the jurisdiction in which the report is executed.</P> <P>(d) If the report indicates that there are 101 or more registered lots, parcels or units remaining for sale, the report shall be accompanied by an amendment fee in the amount and form prescribed in § 1710.35.</P> <P>(e) Failure to submit the report when due shall be grounds for an action to suspend the effective Statement of Record.</P> <APPRO>(Approved by the Office of Management and Budget under control number 2502-0243)</APPRO> <CITA>[49 FR 31373, Aug. 6, 1984]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Certification of Substantially Equivalent State Law</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>Sec. 1419, Interstate Land Sales Full Disclosure Act, 82 Stat. 590, 598; 15 U.S.C. 1718; sec. 7(d), Dept. of Housing and Urban Development Act, 42 U.S.C. 3535(d).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>45 FR 40491, June 13, 1980, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 1710.500</SECTNO> <SUBJECT>General.</SUBJECT> <P>(a) This subpart establishes procedures and criteria for certifying State land sale or lease disclosure programs and State land development standards programs. The purpose of State Certification is to lessen the administrative burden on the individual developer, arising where there are duplicative state and federal registration and disclosure requirements, without affecting the level of protection given to the individual purchaser or lessee. If the Secretary determines that a state has adopted and is effectively administering a program that gives purchasers and lessees the same level of protection given to them by the Federal Interstate Land Sales Registration Program, then the Secretary shall certify that state. Developers who accomplish an effective registration with a state in which the land is located after the Secretary has certified the state may satisfy the registration requirements of the Secretary by filing with the Secretary materials designated by agreement with certified states in lieu of the federal Statement of Record and Property Report.</P> <P>(b) A state that is certified by the Secretary shall be known as the situs certified state for all land located within its borders.</P> <P>(c) After a developer is effectively registered with the Secretary through a certified state, the Secretary has the same authority over that developer as the Secretary has over developers who file directly with the Secretary. This includes the authority to subpoena information and to examine, evaluate and suspend a developer's registration under sections 1407(d) and (e) of the Act and § 1710.45(b)(1) and (b)(2) of these regulations.</P> <P>(d) The prohibitions against the use of the Property Report contained in § 1710.29 apply to state disclosure materials and substantive development standards. In addition, for purposes of this paragraph, references made to the Secretary, OILSR and the Department of Housing and Urban Development in § 1710.29 will include a reference to the equivalent state officer or agency.</P> <P>(e) The Purchaser's Revocation Rights, Sales Practices and Standards rules contained in part 1715 of these regulations apply to developers who register with the Secretary through certified States. All of the rules in part 1715 apply, excepting the disclaimer statement in § 1715.50(a) which is modified to read as follows: </P> <EXTRACT> <P>Obtain the Property Report or its equivalent, required by Federal and State law and read it before signing anything. No Federal or State agency has judged the merits or value, if any, of this property.</P> </EXTRACT> <P>(f) Developers are obliged to pay filing fees as set forth in § 1710.35 of these regulations.</P> </SECTION> <SECTION> <SECTNO>§ 1710.503</SECTNO> <SUBJECT>Notice of certification.</SUBJECT> <P>(a) If the Secretary determines that a state qualifies for certification under § 1710.501(a) or § 1710.501(b), the Secretary shall so notify the state in writing. The state will be effectively certified under the section and as of the date specified in the notice.</P> <P>(b) If the Secretary determines that a state does not meet the standards for certification, the Secretary shall so notify the state in writing. The notice will specify particular changes in state law, regulations or administration that are needed to obtain certification. The <PRTPAGE P="60"/>Secretary shall not be bound in advance to certify a state that makes the suggested changes if other deficiencies become apparent at a later time.</P> <P>(c) The Secretary's final determination to accept or reject a State's Application for Certification of Land Sales Program shall be published in the <E T="04">Federal Register.</E> </P> <P>(d) A state's certification will remain in effect until it is voluntarily suspended by the state or withdrawn by the Secretary. A state can voluntarily suspend its certification by notifying the Secretary in writing. The suspension will take effect as of the date and time specified in the notice to the Secretary, or upon receipt by the Secretary if no date is specified. The Secretary may withdraw certification as provided in § 1710.505.</P> </SECTION> <SECTION> <SECTNO>§ 1710.504</SECTNO> <SUBJECT>Cooperation among certified states and between certified states and the Secretary.</SUBJECT> <P>(a) By filing an Application for Certification of State Land Sales Program pursuant to § 1710.502, a state agrees that, if it is certified by the Secretary, it will:</P> <P>(1) Accept for filing and allow to be distributed as the sole disclosure document, a disclosure document currently in effect in the situs certified state. Only those documents filed with the situs state after certification by the Secretary must automatically be accepted by other certified states;</P> <P>(2) Certify copies of all disclosure documents, amendments and consolidations filed with it by developers of land located within its borders for and as needed by developers required to submit certified copies to the Secretary and all other certified states. The certification shall indicate whether the documents are currently in effect. The certification should state as follows: </P> <EXTRACT> <P>The (indicate the State Department of Real Estate or other appropriate entity) has reviewed the attached materials and finds they are true copies of (1) the (indicate Property Report or other similar state accepted document or amendment to such document) for (indicate the name of the subdivision), made effective by the State of ———————— on ———————— (give date) and still in effect; and (2) the supporting documentation upon which such (indicate the document or amendment) is based.</P> <FP SOURCE="FP-DASH"/> <FP>Signature</FP> </EXTRACT> <P>(3) Assist and cooperate with the Secretary and other certified states by requiring that developers of land within its borders amend disclosure documents if any change occurs in any representation of material fact required to be stated in the disclosure documents, including a change resulting from the developer's compliance with the requirements of the law in another certified state. The state shall require developers to send certified copies of the amended documents to the Secretary and requesting certified states. All amendments to such materials, which reflect changes in material facts regarding the subdivision, shall be submitted to the situs certified state authorities within 15 days of the date on which the developer knows, or should have known, of such change. Certified copies of the disclosure documents shall be submitted by the developer to the Secretary and the other certified states within 15 days after it becomes effective under the situs certified state laws.</P> <P>(4) Continue to effectively operate its Land Sales Program as that Program is described in the Application for Certification and as it was certified by the Secretary.</P> <P>(5) Assist and cooperate with the Secretary by monitoring the sales practices of developers registered with it directly or through another certified state, and by reporting to the Secretary any violations of the Act, including but not limited to the required contract provisions, revocation rights and anti-fraud provisions of 15 U.S.C. 1703, or the regulations.</P> <P>(b) A state required to accept the disclosure documents of another situs certified state pursuant to paragraph (a)(1) of this section, may, in its discretion, require the developer to furnish it with copies certified pursuant to paragraph (a)(2) of this section.</P> <P>(c) No state shall be prevented from establishing substantive or disclosure requirements which exceed the federal standard provided that such requirements are not in conflict with the Act or these regulations. For example, a <PRTPAGE P="61"/>certified state may impose additional disclosure requirements on developers of land located within its borders but may not impose additional disclosure requirements on developers whose disclosure documents it is required to accept pursuant to paragraph (a)(1) of this section. However, a certified state may impose additional nondisclosure requirements on out of state developers even though the developer is registered in the certified state in which the land is located.</P> <P>(d) After a developer is effectively registered with a certified state through a situs certified state, either or both certified states may exercise full enforcement authorities and powers over that developer according to applicable law and regulations.</P> <P>(e) The Secretary shall cooperate with the certified states by offering a forum for nonbinding arbitration of disputes between two or more certified States arising out of the State Certification Program.</P> </SECTION> <SECTION> <SECTNO>§ 1710.505</SECTNO> <SUBJECT>Withdrawal of State certification.</SUBJECT> <P>(a) The Secretary shall periodically review the laws, regulations and administration thereof, of a certified state. If the Secretary finds that, taken as a whole, the laws, regulations or administration thereof, no longer meet the requirements of subpart C, then the Secretary may issue a notice to withdraw the certification of that state.</P> <P>(b) The notice of proceedings to withdraw a state's certification will be issued to the state by the Secretary pursuant to § 1720.236. The Secretary may, after notice and after an opportunity for a hearing, pursuant to § 1720.237, issue an order withdrawing certification.</P> <FP>In the event that a withdrawal order is issued, the order shall remain in effect until the state has amended its laws, regulations or the administration thereof or has otherwise complied with the requirements of the order. When the state has complied with the requirements of the order, the Secretary shall so declare and the withdrawal order shall cease to be effective.</FP> <P>(c) Withdrawal orders issued pursuant to this subsection will be effective as of the date the order is received by the state. The withdrawal order shall be published in the <E T="04">Federal Register.</E> </P> <P>(d) The rules of chapter IX of 24 CFR part 1720, subpart D will generally apply to hearings on withdrawal of a state's certification.</P> </SECTION> <SECTION> <SECTNO>§ 1710.506</SECTNO> <SUBJECT>State/Federal filing requirements.</SUBJECT> <P>(a)(1) If the Secretary has certified a state under § 1710.501, the Secretary shall accept for filing disclosure materials or other acceptable documents which have been approved by the certified state within which the subdivision is located. Only those filings made by the developer with the state after the state was certified by the Secretary shall be automatically accepted by the Secretary.</P> <P>(2) Retroactive application of the effectiveness of state's certification to a specified date may be granted on a state-by-state basis, where the Secretary determines that retroactive application will not result in automatic federal registration of any state filing that has not met the requirements of the certified state laws.</P> <P>(b) For a developer to be registered with the Secretary, the developer shall file with the Secretary a state certified copy of the Property Report or its equivalent, and any other documentation as stipulated in the Secretary's Notice of Certification to the state.</P> <P>(c) The documents and materials filed under paragraph (b) of this section will be automatically effective as the Federal Statement of Record and Property Report after these materials and the proper filing fee have been received by the Secretary.</P> <P>(d) The Secretary has authority pursuant to § 1710.45(b)(1) and (b)(2) to suspend individual filings which fail to meet the requirements of the certified state's law or regulations or the standards in the certification agreement whether or not the state agency has initiated a similar action.</P> <P>(e)(1) State accepted materials filed with the Secretary pursuant to this section must be amended to reflect any amendment to such materials made effective by the state. All amendments to such materials must be submitted to <PRTPAGE P="62"/>the Secretary within 15 days after becoming effective under the applicable state laws. Amendments are automatically effective upon their receipt by the Secretary and the provisions of § 1710.45(b)(1) and (2) apply to amendments filed under this section.</P> <P>(2) Amendments shall include or be accompanied by:</P> <P>(i) A letter from the developer giving a narrative statement fully explaining the purpose and significance of the amendment and referring to that section and page of the material which is being amended, and;</P> <P>(ii) A signed state acceptance certification substantially the same as that required by § 1710.504(a)(2).</P> <P>(f) If a certified state suspends the registration of a particular subdivision for any reason, the subdivision's federal registration with the Secretary shall be automatically suspended as a result of the state action. No action need be taken by the Secretary to effect the suspension.</P> <P>(g) A state is certified only with regard to land located within the state borders. The Secretary is not required to accept filings which have been accepted by a certified state if the land which is the subject of the filing is not located within that certified state. For example, if State A is certified by the Secretary and State B is not, the Secretary is not required to accept filings from State B simply because State A accepts filings from State B.</P> </SECTION> <SECTION> <SECTNO>§ 1710.507</SECTNO> <SUBJECT>Effect of suspension or withdrawal of certification granted under § 1710.501(a): Full disclosure requirement.</SUBJECT> <P>(a) If a state certified under § 1710.501(a) suspends its own certification or has its certification withdrawn under § 1710.505, the Federal disclosure materials accepted and made effective by the Secretary, pursuant to § 1710.506, prior to the suspension or withdrawal shall remain in effect unless otherwise suspended by the Secretary.</P> <P>(b) In the event that there is a change in a material fact with regard to a subdivision that remains registered under the provisions of paragraph (a), the developer shall file a new registration with the Secretary meeting the requirements of the then applicable Federal registration regulations. Modifications of the Federal format may be used as specified by the Secretary.</P> </SECTION> <SECTION> <SECTNO>§ 1710.508</SECTNO> <SUBJECT>Effect of suspension of certification granted under § 1710.501(b): Sufficient protection requirement.</SUBJECT> <P>(a) If a state certified under § 1710.501(b) suspends its own certification or has its certification withdrawn under § 1710.505, the effectiveness of the Federal disclosure materials accepted and made effective by the Secretary, pursuant to § 1710.506, prior to the suspension or withdrawal shall terminate ninety (90) days after the notice of withdrawal order is published in the <E T="04">Federal Register</E> as provided in § 1710.505(c).</P> <P>(b) At the end of the ninety day period, or during the ninety day period in the event that there is a change in material fact with regard to a subdivision that remains registered under the provisions of paragraph (a), the developer shall file a new registration with the Secretary meeting the requirements of the then applicable Federal registration regulations. Modifications of the Federal format may be used as specified by the Secretary.</P> </SECTION> <SECTION> <SECTNO>§ 1710.552</SECTNO> <SUBJECT>Previously accepted state filings.</SUBJECT> <P>(a) Materials filed with a state and accepted by the Secretary as a Statement of Record prior to January 1, 1981, pursuant to 24 CFR 1710.52-59 (as published in the <E T="04">Federal Register</E> on April 10, 1979) may continue in effect. However, developers must comply with the applicable amendments to the Federal Act and the regulations thereunder. In particular, see §§ 1710.558 and 1710.559, which require that the Property Report and contracts or agreements contain notice of purchaser's revocation rights. In addition see § 1715.15(f), which provides that it is unlawful to make any representations with regard to the developer's obligation to provide or complete roads, water, sewers, gas, electrical facilities or recreational amenities, unless the developer is obligated to do so in the contract.<PRTPAGE P="63"/> </P> <P>(b) If any such filing becomes inactive or suspended under the laws of the state, the registration with the Secretary shall be ineffective from that time.</P> <P>(c) Such Statement of Record may be suspended pursuant to § 1710.45.</P> <P>(d) The Secretary may refuse to accept any particular filing under this section when it is determined that acceptance is not in the public interest.</P> <P>(e) The Secretary may require such changes, additional information, documents or certification as the Secretary determines to be reasonably necessary or appropriate in the public interest.</P> </SECTION> <SECTION> <SECTNO>§ 1710.556</SECTNO> <SUBJECT>Previously accepted state filings—amendments and consolidations.</SUBJECT> <P>(a) <E T="03">Amendments—</E>(1) <E T="03">General requirements.</E> State accepted materials, filed with the Secretary pursuant to § 1710.552 shall be amended to reflect any amendment to such materials made effective by the state or any change of a material fact regarding the subdivision. All amendments to such materials, which reflect changes in material facts regarding the subdivision, shall be submitted to the state authorities within 15 days of the date on which the developer knows, or should have known, of such change and to the Secretary within 15 days after it becomes effective under the applicable State laws. However, such amendment shall not be effective as a Federal registration until the Secretary has determined that the amendment meets all applicable requirements of these regulations.</P> <P>(2) Amendments shall include or be accompanied by:</P> <P>(i) A letter from the developer giving a narrative statement fully explaining the purpose and significance of the amendment and referring to that section and page of the Statement of Record which is being amended, and;</P> <P>(ii) All amended pages of the state accepted materials filed with the Secretary. These pages shall be retyped with their amendments. Each such page shall have its date of preparation in the lower right hand corner, and;</P> <P>(iii) A signed state acceptance certification, and;</P> <P>(iv) The appropriate fees as indicated in § 1710.35.</P> <P>(b) <E T="03">Consolidations—</E>(1) <E T="03">When consolidations allowed.</E> If lots are to be registered pursuant to § 1710.552 which are in the same common promotional plan with other lots already registered with the Secretary, then new consolidated state accepted materials including such lots may be filed with the Secretary as a Statement of Record following the format of the previously accepted filing.</P> <P>(2) Consolidated Statements of Record shall include or be accompanied by:</P> <P>(i) State accepted consolidation materials which are also acceptable to the Secretary as a Statement of Record (state property report inclusive). These state accepted consolidation materials shall cover all lots previously registered in the common promotional plan except those deleted pursuant to other provisions in these regulations. These materials shall also include information and items required for state accepted materials filed as an initial registration Statement of Record, except that, supporting documentation in materials previously made effective by the Secretary for other lots in the subject common promotional plan may be incorporated by reference into the new consolidation materials submitted as a Statement of Record. However, such documentation may be incorporated by reference only if it is applicable to the new consolidated lots as well as to the previously registered lots.</P> <P>(ii) A signed state acceptance certification.</P> <P>(iii) The appropriate fees as indicated in § 1710.35.</P> <P>(c) <E T="03">Effective date—State filing.</E> The effective dates of state materials filed as amendments and consolidated Statements of Record shall be determined in accordance with the provisions of § 1710.21.</P> <CITA>[45 FR 40491, June 13, 1980, as amended at 49 FR 31372, Aug. 6, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 1710.558</SECTNO> <SUBJECT>Previously accepted state filings—notice of revocation rights on property report cover page.</SUBJECT> <P>(a)(1) The cover page on Property Reports for filings made with the Secretary pursuant to § 1710.552 shall be prepared in accordance with § 1710.105 <PRTPAGE P="64"/>and shall include the following paragraphs: </P> <EXTRACT> <P>“If you received this Report prior to signing a contract or agreement, you may cancel your contract or agreement by giving notice to the seller anytime before midnight of the seventh day following the signing of the contract or agreement.</P> <P>“If you did not receive this Report before you signed a contract or agreement, you may cancel the contract or agreement anytime within two years from the date of signing.”</P> </EXTRACT> <P>(2) If the purchaser is entitled to a longer revocation period by operation of State law, that period becomes the Federal revocation period and the Cover Page must reflect the longer period, rather than the seven days.</P> <P>(b)(1) If a deed is not delivered within 180 days of the signing of the contract or agreement of sale or unless certain provisions are included in the contract or agreement, the purchaser is entitled to cancel the contract within two years from the date of signing the contract or agreement.</P> <P>(2) The deed must be a warranty deed, or where such a deed is not commonly used, a similar deed legally acceptable in the jurisdiction where the lot is located. The deed must be free and clear of liens and encumbrances.</P> <P>(3) The contract provisions are:</P> <P>(i) A legally sufficient and recordable lot description, and;</P> <P>(ii) A provision that the seller will give the purchaser written notification of purchaser's default or breach of contract and the opportunity to remedy the default or breach within 20 days of the notice; and</P> <P>(iii) A provision that, if the purchaser loses rights and interest in the lot because of the purchaser's default or breach of contract after 15 percent of the purchase price, exclusive of interest, has been paid, the seller shall refund to the purchaser any amount which remains from the payments made after subtracting 15 percent of the purchase price, exclusive of interest, or the amount of the seller's actual damages, whichever is the greater.</P> <P>(4) If a deed is not delivered within 180 days of the signing of the contract or if the necessary provisions are not included in the contract, the following statement shall be used in place of any other rescision language: </P> <EXTRACT> <P>“Under Federal law you may cancel your contract or agreement of sale any time within two years from the date of signing.”</P> </EXTRACT> </SECTION> <SECTION> <SECTNO>§ 1710.559</SECTNO> <SUBJECT>Previously accepted state filings—notice of revocation rights in contracts and agreements.</SUBJECT> <P>(a)(1) All contracts or agreements, including promissory notes used in sale of lots for filings made with the Secretary pursuant to § 1710.552, must contain the following language in boldface type (which must be distinguished from the type used for the rest of the contract) on the face or signature page above all signatures: </P> <EXTRACT> <P>You have the option to cancel your contract or agreement of sale by notice to the seller until midnight of the seventh day following the signing of the contract or agreement.</P> <P>If you did not receive a Property Report prepared pursuant to the rules and regulations of the Office of Interstate Land Sales Registration, U.S. Department of Housing and Urban Development, in advance of your signing the contract or agreement, this contract or agreement may be revoked at your option for two years from the date of signing.</P> </EXTRACT> <P>(2) If the purchaser is entitled to a longer revocation period by operation of State law or the Act, that period becomes the Federal revocation period and the contract or agreement must reflect the longer period, rather than the seven days. The language shall be consistent with that shown on the Cover Page (see § 1710.558).</P> <P>(b) The above revocation provisions may not be limited or qualified in the contract or other document by requiring a specific type of notice or by requiring that notice be given at a specified place.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 1715</EAR> <HD SOURCE="HED">PART 1715—PURCHASERS' REVOCATION RIGHTS, SALES PRACTICES AND STANDARDS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Purchasers' Revocation Rights</HD> <SECHD>Sec.</SECHD> <SECTNO>1715.1</SECTNO> <SUBJECT>General.</SUBJECT> <SECTNO>1715.2</SECTNO> <SUBJECT>Revocation regardless of registration.</SUBJECT> <SECTNO>1715.4</SECTNO> <SUBJECT>Contract requirements and revocation.</SUBJECT> <SECTNO>1715.5</SECTNO> <SUBJECT>Reimbursement.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="65"/> <HD SOURCE="HED">Subpart B—Sales Practices and Standards</HD> <SECTNO>1715.10</SECTNO> <SUBJECT>General.</SUBJECT> <SECTNO>1715.15</SECTNO> <SUBJECT>Unlawful sales practices—statutory provisions.</SUBJECT> <SECTNO>1715.20</SECTNO> <SUBJECT>Unlawful sales practices—regulatory provisions.</SUBJECT> <SECTNO>1715.25</SECTNO> <SUBJECT>Misleading sales practices.</SUBJECT> <SECTNO>1715.27</SECTNO> <SUBJECT>Fair housing.</SUBJECT> <SECTNO>1715.30</SECTNO> <SUBJECT>Persons to whom subpart B is inapplicable.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Advertising Disclaimers</HD> <SECTNO>1715.50</SECTNO> <SUBJECT>Advertising disclaimers; subdivisions registered and effective with HUD.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>15 U.S.C. 1718; 42 U.S.C. 3535(d).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>45 FR 40496, June 13, 1980, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Purchasers' Revocation Rights</HD> <SECTION> <SECTNO>§ 1715.1</SECTNO> <SUBJECT>General.</SUBJECT> <P>The purpose of this subpart A is to elaborate on the revocation rights in 15 U.S.C. 1703, by enumerating certain conditions under which purchasers may exercise revocation rights. Generally, whenever revocation rights are available, they apply to promissory notes, as well as traditional agreements.</P> <CITA>[61 FR 13597, Mar. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 1715.2</SECTNO> <SUBJECT>Revocation regardless of registration.</SUBJECT> <P>All purchasers have the option to revoke a contract or lease with regard to a lot not exempt under §§ 1710.5 through 1710.11 and 1710.14 until midnight of the seventh day after the day that the purchaser signs a contract or lease. If a purchaser is entitled to a longer revocation period under State law, that period is deemed the Federal revocation period rather than the 7 days, and all contracts and agreements (including promissory notes) shall so state.</P> <CITA>[61 FR 13597, Mar. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 1715.4</SECTNO> <SUBJECT>Contract requirements and revocation.</SUBJECT> <P>(a) In accordance with 15 U.S.C. 1703(d)(3), the refund to the purchaser is calculated by subtracting from the amount described in 15 U.S.C. 1703(d)(3)(B), the greater of:</P> <P>(1) Fifteen percent of the purchase or lease price of the lot (excluding interest owed) at the time of the default or breach of contract or agreement; or</P> <P>(2) The amount of damages incurred by the seller or lessor due to the default or breach of contract.</P> <P>(b) For the purposes of this section:</P> <P> <E T="03">Damages incurred by the seller or lessor</E> means actual damages resulting from the default or breach, as determined by the law of the jurisdiction governing the contract. However, no damages may be specified in the contract or agreement, except a liquidated damages clause not exceeding 15 percent of the purchase price of the lot, excluding any interest owed.</P> <P> <E T="03">Purchase price</E> means the cash sales price of the lot shown on the contract.</P> <P>(c) The contractual requirements of 15 U.S.C. 1703(d) do not apply to the sale of a lot for which, within 180 days after the signing of the sales contract, the purchaser receives a warranty deed or, where warranty deeds are not commonly used, its equivalent under State law.</P> <CITA>[61 FR 13598, Mar. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 1715.5</SECTNO> <SUBJECT>Reimbursement.</SUBJECT> <P>If a purchaser exercises rights under 15 U.S.C. 1703(b), (c) or (d), but cannot reconvey the lot in substantially similar condition, the developer may subtract from the amount paid by the purchaser, and otherwise due to the purchaser under 15 U.S.C. 1703, any diminished value in the lot caused by the acts of the purchaser.</P> <CITA>[61 FR 13598, Mar. 27, 1996]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Sales Practices and Standards</HD> <SECTION> <SECTNO>§ 1715.10</SECTNO> <SUBJECT>General.</SUBJECT> <P> <E T="03">Sales practices</E> means any conduct or advertising by a developer or its agents to induce a person to buy or lease a lot. This subpart describes certain unlawful sales practices and provides standards to illustrate what other sales practices are considered misleading in light of certain circumstances in which they are made and within the context of the overall offer and sale or lease.</P> </SECTION> <SECTION> <PRTPAGE P="66"/> <SECTNO>§ 1715.15</SECTNO> <SUBJECT>Unlawful sales practices—statutory provisions.</SUBJECT> <P>The statutory prohibitions against fraudulent or misleading sales practices are set forth at 15 U.S.C. 1703(a). With respect to the prohibitions against representing that certain facilities will be provided or completed unless there is a contractual obligation to do so by the developer:</P> <P>(a) The contractual covenant to provide or complete the services or amenities may be conditioned only upon grounds that are legally sufficient to establish impossibility of performance in the jurisdiction where the services or amenities are being provided or completed;</P> <P>(b) Contingencies such as acts of God, strikes, or material shortages are recognized as permissible to defer completion of services or amenities; and</P> <P>(c) In creating these contractual obligations developers have the option of incorporating by reference the Property Report in effect at the time of the sale or lease. If a developer chooses to incorporate the Property Report by reference, the effective date of the Property Report being incorporated by reference must be specified in the contract of sale or lease.</P> <CITA>[61 FR 13598, Mar. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 1715.20</SECTNO> <SUBJECT>Unlawful sales practices—regulatory provisions.</SUBJECT> <P>In selling, leasing or offering to sell or lease any lot in a subdivision it is an unlawful sales practice for any developer or agent, directly or indirectly, to:</P> <P>(a) Give the Property Report to a purchaser along with other materials when done in such a manner so as to conceal the Property Report from the purchaser.</P> <P>(b) Give a contract to a purchaser or encourage him to sign anything before delivery of the Property Report.</P> <P>(c) Refer to the Property Report or Offering Statement as anything other than a Property Report or Offering Statement.</P> <P>(d) Use any misleading practice, device or representation which would deny a purchaser any cancellation or refund rights or privileges granted the purchaser by the terms of a contract or any other document used by the developer as a sales inducement.</P> <P>(e) Refuse to deliver a Property Report to any person who exhibits an interest in buying or leasing a lot in the subdivision and requests a copy of the Property Report.</P> <P>(f) Use a Property Report, note, contract, deed or other document prepared in a language other than that in which the sales campaign is conducted, unless an accurate translation is attached to the document.</P> <P>(g) Deliberately fail to maintain a sufficient supply of restrictive covenants and financial statements or to deliver a copy to a purchaser upon request as required by §§ 1710.109(f), 1710.112(d), 1710.209(g) and 1710.212(i).</P> <P>(h) Use, as a sales inducement, any representation that any lot has good investment potential or will increase in value unless it can be established, in writing, that:</P> <P>(1) Comparable lots or parcels in the subdivision have, in fact, been resold by their owners on the open market at a profit, or;</P> <P>(2) There is a factual basis for the represented future increase in value and the factual basis is certain, and;</P> <P>(3) The sales price of the offered lot does not already reflect the anticipated increase in value due to any promised facilities or amenities. The burden of establishing the relevancy of any comparable sales and the certainty of the factual basis of the increase in value shall rest upon the developer.</P> <P>(i) Represent a lot as a homesite or building lot unless:</P> <P>(1) Potable water is available at a reasonable cost;</P> <P>(2) The lot is suitable for a septic tank operation or there is reasonable assurance that the lot can be served by a central sewage system;</P> <P>(3) The lot is legally accessible; and</P> <P>(4) The lot is free from periodic flooding.</P> </SECTION> <SECTION> <SECTNO>§ 1715.25</SECTNO> <SUBJECT>Misleading sales practices.</SUBJECT> <P>Generally, promotional statements or material will be judged on the basis of the affirmative representations contained therein and the reasonable inferences to be drawn therefrom, unless the contrary is affirmatively stated or appears in promotional material, or <PRTPAGE P="67"/>unless adequate safeguards have been provided by the seller to reasonably guarantee the occurrence of the thing inferred. For example, when a lot is represented as being sold by a warranty deed, the inference is that the seller can and will convey fee simple title free and clear of all liens, encumbrances, and defects except those which are disclosed in writing to the prospective purchaser prior to conveyance. The following advertising and promotional practices, while not all inclusive, are considered misleading, and are used to evaluate a developer's or agent's representations in determining possible violations of the Act or regulations. (In this section “represent” carries its common meaning.)</P> <P>(a) <E T="03">Proposed improvements.</E> References to proposed improvements of any land unless it is clearly indicated that (1) the improvements are only proposed or (2) what the completion date is for the proposed improvement.</P> <P>(b) <E T="03">Off-premises representations.</E> Representing scenes or proposed improvements other than those in the subdivision unless</P> <P>(1) It is clearly stated that the scenes or improvements are not related to the subdivision offered; or</P> <P>(2) In the case of drawings that the scenes or improvements are artists' renderings;</P> <P>(3) If the areas or improvements shown are available to purchasers, what the distance in road miles is to the scenes or improvements represented.</P> <P>(c) <E T="03">Land use representations.</E> Representing uses to which the offered land can be put unless the land can be put to such use without unreasonable cost to the purchaser and unless no fact or circumstance exists which would prohibit the immediate use of the land for its represented use.</P> <P>(d) <E T="03">Use of “road” and “street”.</E> Using the words “road” or “street” unless the type of road surface is disclosed. (All roads and streets shown on subdivision maps are presumed to be of an all-weather graded gravel quality or higher and are presumed to be traversable by conventional automobile under all normal weather conditions unless otherwise shown on the map.)</P> <P>(e) <E T="03">Road access and use.</E> Representing the existence of a road easement or right-of-way unless the easement or right-of-way is dedicated to the public, to property owners or to the appropriate property owners association.</P> <P>(f) <E T="03">Waterfront property.</E> References to waterfront property, unless the property being offered actually fronts on a body of water. Representations which refer to “canal” or “canals” must state the specific use to which such canal or canals can be put.</P> <P>(g) <E T="03">Maps and distances.</E> (1) The use of maps to show proximity to other communities, unless the maps are drawn to scale and scale included, or the specific road mileage appears in easily readable print.</P> <P>(2) The use of the terms such as “minutes away”, “short distance”, “only miles”, or “near” or similar terms to indicate distance unless the actual distance in road miles is used in conjunction with such terms. Road miles will be measured from the approximate geographical center of the subdivided lands to the approximate downtown or geographical center of the community.</P> <P>(h) <E T="03">Lot size.</E> Representation of the size of a lot offered unless the lot size represented is exclusive of all easements to which the lot may be subject, except for those for providing utilities to the lot.</P> <P>(i) <E T="03">“Free” lots.</E> Representing lots as “free” if the prospective purchaser is required to give any consideration whatsoever, offering lots for “closing costs only” when the closing costs are substantially more than customary, or when an additional lot must be purchased at a higher price.</P> <P>(j) <E T="03">Pre-development prices.</E> References to pre-development sales at a lower price because the land has not yet been developed unless there are plans for development, and reasonable assurance is available that the plans will be completed.</P> <P>(k) <E T="03">False reports of lot sales.</E> Repeatedly announcing that lots are being sold or to make repetitive announcements of the same lot being sold when in fact this is not the case.</P> <P>(l) <E T="03">Guaranteed refund.</E> Use of the word “guarantee” or phrase “guaranteed refund” or similar language implying a <PRTPAGE P="68"/>money-back guarantee unless the refund is unconditional.</P> <P>(m) <E T="03">Discount certificates.</E> The use of discount certificates when in fact there is no actual price reduction or when a discount certificate is regularly used.</P> <P>(n) <E T="03">Lot exchanges.</E> Representations regarding property exchange privileges unless any applicable conditions are clearly stated.</P> <P>(o) <E T="03">Resale program.</E> Making any representation that implies that the developer or agent will resell or repurchase the property being offered at some future time unless the developer or agent has an ongoing program for doing so.</P> <P>(p) <E T="03">Symbols for conditions.</E> The use of asterisks or any other reference symbol or oral parenthetical expression as a means of contradicting or substantially changing any previously made statement or as a means of obscuring material facts.</P> <P>(q) <E T="03">Proposed public facilities.</E> References to a proposed public facility unless money has been budgeted for construction of the facility and is available to the public authority having the responsibility of construction, or unless disclosure of the existing facts concerning the public facility is made.</P> <P>(r) <E T="03">Non-profit or institutional name use.</E> The use of names or trade styles which imply that the developer is a nonprofit research organization, public bureau, group, etc., when such is not the case.</P> </SECTION> <SECTION> <SECTNO>§ 1715.27</SECTNO> <SUBJECT>Fair housing.</SUBJECT> <P>Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601, <E T="03">et seq</E>., and its implementing regulations and guidelines apply to land sales transactions to the extent warranted by the facts of the transaction.</P> <CITA>[61 FR 13598, Mar. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 1715.30</SECTNO> <SUBJECT>Persons to whom subpart B is inapplicable.</SUBJECT> <P>Newspaper or periodical publishers, job printers, broadcasters, or telecasters, or any of the employees thereof, are not subject to this subpart unless the publishers, printers, broadcasters, or telecasters—</P> <P>(a) Have actual knowledge of the falsity of the advertisement or</P> <P>(b) Have any interest in the subdivision advertised or</P> <P>(c) Also serve directly or indirectly as the advertising agent or agency for the developer.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Advertising Disclaimers</HD> <SECTION> <SECTNO>§ 1715.50</SECTNO> <SUBJECT>Advertising disclaimers; subdivisions registered and effective with HUD.</SUBJECT> <P>(a) The following disclaimer statement shall be displayed below the text of all printed material and literature used in connection with the sale or lease of lots in a subdivision for which an effective Statement or Record is on file with the Secretary. If the material or literature consists of more than one page, it shall appear at the bottom of the front page. The disclaimer statement shall be set in type of at least ten point font. </P> <EXTRACT> <P>Obtain the Property Report required by Federal law and read it before signing anything. No Federal agency has judged the merits or value, if any, of this property.</P> </EXTRACT> <P>(b) If the advertising is of a classified type; is not more than five inches long and not more than one column in print wide, the disclaimer statement may be set in type of at least six point font.</P> <P>(c) This disclaimer statement need not appear on billboards, on normal size matchbook folders or business cards which are used in advertising nor in advertising of a classified type which is less than one column in print wide and is less than five inches long.</P> <P>(d) A developer who is required by any state, or states, to display an advertising disclaimer in the same location, or one of equal prominence, as that of the federal disclaimer, may combine the wording of the disclaimers. All of the wording of the federal disclaimer must be included in the resulting combined disclaimer.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 1720</EAR> <HD SOURCE="HED">PART 1720—FORMAL PROCEDURES AND RULES OF PRACTICE</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Rules and Rulemaking</HD> <SECHD>Sec.</SECHD> <SECTNO>1720.1</SECTNO> <SUBJECT>Scope of rules in this subpart.</SUBJECT> <SECTNO>1720.5</SECTNO> <SUBJECT>Initiation of rulemaking.</SUBJECT> <SECTNO>1720.10</SECTNO> <SUBJECT>Investigations and conferences.<PRTPAGE P="69"/> </SUBJECT> <SECTNO>1720.15</SECTNO> <SUBJECT>Notice.</SUBJECT> <SECTNO>1720.20</SECTNO> <SUBJECT>Promulgation of rules and regulations.</SUBJECT> <SECTNO>1720.25</SECTNO> <SUBJECT>Effective date of rules and regulations.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Filing Assistance</HD> <SECTNO>1720.30</SECTNO> <SUBJECT>Scope of this subpart.</SUBJECT> <SECTNO>1720.35</SECTNO> <SUBJECT>Prefiling assistance.</SUBJECT> <SECTNO>1720.40</SECTNO> <SUBJECT>Processing of filings.</SUBJECT> </SUBPART> <SUBPART> <RESERVED>Subpart C [Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Adjudicatory Proceedings</HD> <SUBJGRP> <HD SOURCE="HED">General Provisions</HD> <SECTNO>1720.105</SECTNO> <SUBJECT>Scope of rules in this subpart.</SUBJECT> <SECTNO>1720.110</SECTNO> <SUBJECT>Applicability of sections of this subpart.</SUBJECT> <SECTNO>1720.115</SECTNO> <SUBJECT>Department representative.</SUBJECT> <SECTNO>1720.120</SECTNO> <SUBJECT>Qualification for appearances.</SUBJECT> <SECTNO>1720.125</SECTNO> <SUBJECT>Public nature and timing of hearings.</SUBJECT> <SECTNO>1720.130</SECTNO> <SUBJECT>Restrictions on appearances as to former officers and employees.</SUBJECT> <SECTNO>1720.135</SECTNO> <SUBJECT>Standards of practice.</SUBJECT> <SECTNO>1720.140</SECTNO> <SUBJECT>Administrative law judge, powers and duties.</SUBJECT> <SECTNO>1720.145</SECTNO> <SUBJECT>Disqualification of administrative law judge.</SUBJECT> <SECTNO>1720.150</SECTNO> <SUBJECT>Failure to comply with administrative law judge's directions.</SUBJECT> <SECTNO>1720.155</SECTNO> <SUBJECT>Ex parte communications.</SUBJECT> <SECTNO>1720.160</SECTNO> <SUBJECT>Form and filing requirements.</SUBJECT> <SECTNO>1720.165</SECTNO> <SUBJECT>Time computation.</SUBJECT> <SECTNO>1720.170</SECTNO> <SUBJECT>Service.</SUBJECT> <SECTNO>1720.175</SECTNO> <SUBJECT>Intervention by interested persons.</SUBJECT> <SECTNO>1720.180</SECTNO> <SUBJECT>Settlements.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Pleadings</HD> <SECTNO>1720.205</SECTNO> <SUBJECT>Suspension notice under § 1710.45(a) of this chapter.</SUBJECT> <SECTNO>1720.210</SECTNO> <SUBJECT>Hearings—suspension notice pursuant to § 1710.45(a) of this chapter.</SUBJECT> <SECTNO>1720.215</SECTNO> <SUBJECT>Notice of proceedings pursuant to § 1710.45(b)(1) of this chapter.</SUBJECT> <SECTNO>1720.220</SECTNO> <SUBJECT>Hearings—notice of proceedings pursuant to § 1710.45(b)(1) of this chapter.</SUBJECT> <SECTNO>1720.225</SECTNO> <SUBJECT>Suspension order under § 1710.45(b)(2) of this chapter.</SUBJECT> <SECTNO>1720.230</SECTNO> <SUBJECT>Suspension order under § 1710.45(b)(3) of this chapter.</SUBJECT> <SECTNO>1720.235</SECTNO> <SUBJECT>Hearings—suspension orders issued pursuant to §§ 1710.45(b)(2) and 1710.45(b)(3) of this chapter.</SUBJECT> <SECTNO>1720.236</SECTNO> <SUBJECT>Notice of proceedings to withdraw a State's certification pursuant to § 1710.505 of this chapter.</SUBJECT> <SECTNO>1720.237</SECTNO> <SUBJECT>Hearings—notice of proceedings pursuant to § 1710.505 of this chapter.</SUBJECT> <SECTNO>1720.238</SECTNO> <SUBJECT>Notices of proceedings to terminate exemptions pursuant to §§ 1710.14, 1710.15 and 1710.16 of this chapter.</SUBJECT> <SECTNO>1720.239</SECTNO> <SUBJECT>Hearings—notice of proceedings pursuant to §§ 1710.14, 1710.15 and 1710.16 of this chapter.</SUBJECT> <SECTNO>1720.240</SECTNO> <SUBJECT>Time for filing answer.</SUBJECT> <SECTNO>1720.245</SECTNO> <SUBJECT>Content of answer.</SUBJECT> <SECTNO>1720.250</SECTNO> <SUBJECT>Presumption of hearing request.</SUBJECT> <SECTNO>1720.255</SECTNO> <SUBJECT>Amendments and supplemental pleadings.</SUBJECT> <SECTNO>1720.260</SECTNO> <SUBJECT>Prehearing conferences.</SUBJECT> <SECTNO>1720.265</SECTNO> <SUBJECT>Reporting—prehearing conferences.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Motions</HD> <SECTNO>1720.305</SECTNO> <SUBJECT>Motions—filing requirements.</SUBJECT> <SECTNO>1720.310</SECTNO> <SUBJECT>Answers to motions.</SUBJECT> <SECTNO>1720.315</SECTNO> <SUBJECT>Motions for more definite statement.</SUBJECT> <SECTNO>1720.320</SECTNO> <SUBJECT>Motions for extension of time.</SUBJECT> <SECTNO>1720.325</SECTNO> <SUBJECT>Motions for dismissal.</SUBJECT> <SECTNO>1720.330</SECTNO> <SUBJECT>Motions to limit or quash.</SUBJECT> <SECTNO>1720.335</SECTNO> <SUBJECT>Consolidation.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Discovery and Evidence</HD> <SECTNO>1720.405</SECTNO> <SUBJECT>Depositions and discovery.</SUBJECT> <SECTNO>1720.410</SECTNO> <SUBJECT>Subpoenas ad testificandum.</SUBJECT> <SECTNO>1720.415</SECTNO> <SUBJECT>Subpoenas duces tecum.</SUBJECT> <SECTNO>1720.420</SECTNO> <SUBJECT>Rulings on applications for compulsory process; appeals.</SUBJECT> <SECTNO>1720.425</SECTNO> <SUBJECT>Presentation and admission of evidence.</SUBJECT> <SECTNO>1720.430</SECTNO> <SUBJECT>Production of witnesses' statements.</SUBJECT> <SECTNO>1720.435</SECTNO> <SUBJECT>Official notice.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Hearings</HD> <SECTNO>1720.505</SECTNO> <SUBJECT>Interlocutory review of administrative law judge's decision.</SUBJECT> <SECTNO>1720.510</SECTNO> <SUBJECT>Reporting and transcription.</SUBJECT> <SECTNO>1720.515</SECTNO> <SUBJECT>Corrections.</SUBJECT> <SECTNO>1720.520</SECTNO> <SUBJECT>Proposed findings, conclusions, and order.</SUBJECT> <SECTNO>1720.525</SECTNO> <SUBJECT>Decision of administrative law judge.</SUBJECT> <SECTNO>1720.530</SECTNO> <SUBJECT>Decision of administrative law judge—content.</SUBJECT> <SECTNO>1720.535</SECTNO> <SUBJECT>Reopening of proceeding; termination of jurisdiction.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Appeals</HD> <SECTNO>1720.605</SECTNO> <SUBJECT>Appeal from decision of administrative law judge.</SUBJECT> <SECTNO>1720.610</SECTNO> <SUBJECT>Answering brief.</SUBJECT> <SECTNO>1720.615</SECTNO> <SUBJECT>Reply brief.</SUBJECT> <SECTNO>1720.620</SECTNO> <SUBJECT>Length and form of briefs.</SUBJECT> <SECTNO>1720.625</SECTNO> <SUBJECT>Oral argument.</SUBJECT> <SECTNO>1720.630</SECTNO> <SUBJECT>Decision on appeal or review.</SUBJECT> <SECTNO>1720.635</SECTNO> <SUBJECT>Appeals officer.</SUBJECT> </SUBJGRP> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>15 U.S.C. 1718; 42 U.S.C. 3535(d).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>43 FR 29496, July 7, 1978, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Rules and Rulemaking</HD> <SECTION> <SECTNO>§ 1720.1</SECTNO> <SUBJECT>Scope of rules in this subpart.</SUBJECT> <P>The rules in this subpart apply to and govern procedures for the promulgation of rules and regulations under the Act. The rules in this subpart do not <PRTPAGE P="70"/>apply to interpretative rules, general statements of policy, rules of organization procedure or practice or in any situation in which the Secretary for good cause finds (and incorporates the findings and brief statement of the reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary or contrary to the public interest.</P> </SECTION> <SECTION> <SECTNO>§ 1720.5</SECTNO> <SUBJECT>Initiation of rulemaking.</SUBJECT> <P>(a) The issuance, amendment or repeal of any rule or regulation may be proposed upon the initiative of the Secretary or upon the petition of any interested person showing reasonable grounds therefor.</P> <P>(b) Petitions for rulemaking by interested persons filed under this section:</P> <P>(1) Shall be identified as a petition for rulemaking under this subpart;</P> <P>(2) Shall explain the interest of the petitioner in the action requested;</P> <P>(3) Shall set forth the text or substance of the rule or amemdment proposed or specify the rule that the petitioner seeks to have repealed, as the case may be;</P> <P>(4) Shall contain any information and arguments available to the petitioner to support the action sought; and</P> <P>(5) Shall be filed with the Rules Docket Clerk, Office of General Counsel, Department of Housing and Urban Development, Room 5218, 451 Seventh Street SW., Washington, DC 20410.</P> <P>(c) The Secretary shall respond to a petition submitted under this section within 180 days of receipt thereof, except that this time limit may be exceeded for good cause found and communicated to the petitioner. The Secretary's normal response shall be to grant or deny the petition but alternatively, the Secretary may schedule a public hearing or other appropriate proceeding prior to the granting or denial of a petition. If the Secretary grants the petition, the Secretary shall publish a proposed rule in accordance with the petition and a copy of the proposed rule shall be furnished to the petitioner. If the Secretary denies the petition, the Secretary shall notify the petitioner within 7 days after such denial.</P> </SECTION> <SECTION> <SECTNO>§ 1720.10</SECTNO> <SUBJECT>Investigations and conferences.</SUBJECT> <P>(a) In connection with a rulemaking proceeding, the Secretary may conduct such investigations, make such studies, and hold such conferences as are necessary. Investigations in connection with a rulemaking may be conducted in accordance with the general investigatory procedures under part 3800 of this chapter.</P> <P>(b) At any such conferences, interested persons may appear to express views and suggest amendments relative to proposed rules.</P> <CITA>[61 FR 10442, Mar. 13, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 1720.15</SECTNO> <SUBJECT>Notice.</SUBJECT> <P>General notice of proposed rulemaking shall be published in the <E T="04">Federal Register</E> and, to the extent practicable, otherwise made available to interested persons. Such notice shall state the time, place, and nature of public hearings, if any; the authority under which the rule or regulation is proposed; either the terms or substance of the proposed rule or regulation or a description of the subjects and issues involved; and the manner in which interested persons shall be afforded the opportunity to participate in the rulemaking. If the rulemaking was instituted pursuant to petition, a copy of the notice shall be served on the petitioner.</P> </SECTION> <SECTION> <SECTNO>§ 1720.20</SECTNO> <SUBJECT>Promulgation of rules and regulations.</SUBJECT> <P>The Secretary, after consideration of all relevant matters of fact, law, policy, and discretion, including all relevant matters presented by interested persons in the rulemaking proceedings, shall adopt and publish in the <E T="04">Federal Register</E> an appropriate rule or regulation together with a concise general statement of its basis and purpose and any necessary findings; or the Secretary shall give other appropriate public notice of disposition of the rulemaking proceeding.</P> </SECTION> <SECTION> <SECTNO>§ 1720.25</SECTNO> <SUBJECT>Effective date of rules and regulations.</SUBJECT> <P>The effective date of any rule or regulation or of an amendment, suspension, or repeal of any rule or regulation <PRTPAGE P="71"/>shall be specified in a notice published in the <E T="04">Federal Register</E>. Such date shall not be less than 30 days after the date of such publication unless the Secretary specifies an earlier effective date for good cause found and published with the rule or regulation.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Filing Assistance</HD> <SECTION> <SECTNO>§ 1720.30</SECTNO> <SUBJECT>Scope of this subpart.</SUBJECT> <P>The rules in this subpart apply to and govern procedures under which developers may obtain prefiling assistance and be notified of and permitted to correct deficiencies in the Statement of Record.</P> </SECTION> <SECTION> <SECTNO>§ 1720.35</SECTNO> <SUBJECT>Prefiling assistance.</SUBJECT> <P>Persons intending to file with the Office of Interstate Land Sales Registration may receive advice of a general nature as to the preparation of the filing including information as to proper format to be used and the scope of the items to be included in the format. Inquiries and requests for informal discussions with staff members should be directed to the Administrator, Office of Interstate Land Sales Registration, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410.</P> </SECTION> <SECTION> <SECTNO>§ 1720.40</SECTNO> <SUBJECT>Processing of filings.</SUBJECT> <P>(a) Statements of Record and accompanying filing fees will be received on behalf of the Secretary by the Administrator, Office of Interstate Land Sales Registration, for determination of:</P> <P>(1) Completeness of the statement,</P> <P>(2) Adequacy of the filing fee and</P> <P>(3) Adequacy of disclosure.</P> <FP>Where it appears that all three criteria are satisfied and it is otherwise practicable, acceleration of the effectiveness of the Statement of Record will normally be granted.</FP> <P>(b) Filings intended as Statements of Record but which do not comply in form with §§ 1710.105 and 1710.120 of this chapter, whichever is applicable, and Statements of Record accompanied by inadequate filing fees will not be effective to accomplish any purpose under the Act. At the discretion of the Administrator, such filings and any moneys accompanying them may be immediately returned to the sender or after notification may be held pending the sender's appropriate response.</P> <P>(c) Persons filing incomplete or inaccurate Statements of Record will be notified of the deficiencies therein by the Suspension Notice procedure described in § 1710.45(a) of this chapter.</P> </SECTION> </SUBPART> <SUBPART> <RESERVED>Subpart C [Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Adjudicatory Proceedings</HD> <SUBJGRP> <HD SOURCE="HED">General Provisions</HD> <SECTION> <SECTNO>§ 1720.105</SECTNO> <SUBJECT>Scope of rules in this subpart.</SUBJECT> <P>The rules in this subpart are applicable to adjudicative proceedings which involve a hearing or opportunity for a hearing under the Interstate Land Sales Full Disclosure Act.</P> </SECTION> <SECTION> <SECTNO>§ 1720.110</SECTNO> <SUBJECT>Applicability of sections of this subpart.</SUBJECT> <P>Succeeding sections of this subpart shall apply to all adjudicatory hearings conducted by OILSR unless specifically limited in applicability by a particular section.</P> </SECTION> <SECTION> <SECTNO>§ 1720.115</SECTNO> <SUBJECT>Department representative.</SUBJECT> <P>In each case heard before an administrative law judge pursuant to this part, the Department shall be represented by a Department hearing attorney. The General Counsel shall designate one or more attorneys to act as Department hearing attorneys.</P> </SECTION> <SECTION> <SECTNO>§ 1720.120</SECTNO> <SUBJECT>Qualification for appearances.</SUBJECT> <P>(a) Members of the bar of a Federal Court or of the highest court of any state or of the United States are eligible to practice before the Secretary. No register of attorneys will be maintained.</P> <P>(b) Any individual or member of a partnership involved in any proceeding or investigation may appear on personal behalf or that of the partnership upon adequate identification. A corporation or association may be represented by a bona fide officer thereof upon a showing of adequate authorization.<PRTPAGE P="72"/> </P> <P>(c) A person shall not be represented except as stated in paragraphs (a) and (b) of this section unless otherwise permitted.</P> </SECTION> <SECTION> <SECTNO>§ 1720.125</SECTNO> <SUBJECT>Public nature and timing of hearings.</SUBJECT> <P>(a) All hearings in adjudicative proceedings shall be public.</P> <P>(b) Hearings shall proceed with all reasonable speed and insofar as practicable, shall be held at one place and shall continue without recess or suspension until concluded. The administrative law judge shall have the authority to order brief intervals of the sort normally involved in judicial proceedings and, in unusual and exceptional circumstances for good cause stated on the record, shall have the authority to order hearings at more than one place and to order recesses to permit further gathering of evidence or settlement discussions.</P> </SECTION> <SECTION> <SECTNO>§ 1720.130</SECTNO> <SUBJECT>Restrictions on appearances as to former officers and employees.</SUBJECT> <P>(a) Except as specifically authorized by the Secretary, no former officer or employee of the Department of Housing and Urban Development shall appear as attorney or counsel or otherwise participate through any form of professional consultation or assistance in any proceeding or investigation, formal or informal, which was pending in any manner in the Office of Interstate Land Sales Registration while such former officer or employee served with the Department of Housing and Urban Development.</P> <P>(b) In cases to which paragraph (a) of this section is applicable, a former officer or employee of the Department of Housing and Urban Development may request authorization to appear or participate in a proceeding or investigation by filing with the Secretary a written application disclosing the following relevant information:</P> <P>(1) The nature and extent of the former officer's or employee's participation in, knowledge of, and connection with the proceeding or investigation during service with the Department of Housing and Urban Development;</P> <P>(2) Whether the files of the proceeding or investigation came to the former officer or employee's attention;</P> <P>(3) Whether the former officer or employee was employed in the same office, division, or administrative unit in which the proceeding or investigation is or has been pending;</P> <P>(4) Whether the former officer or employee worked directly or in close association with the Office of Interstate Land Sales Registration personnel assigned to the proceeding or investigation;</P> <P>(5) Whether during service with the Department of Housing and Urban Development the former officer or employee was engaged in any matter concerning the individual, company or industry in the proceeding or investigation.</P> <P>(c) The requested authorization will not be given in any case:</P> <P>(1) Where it appears that the former officer or employee during service with the Department of Housing and Urban Development participated personally and substantially in the proceeding or investigation, or</P> <P>(2) Where the application is filed within one (1) year after termination of the former officer's or employee's service with the Department of Housing and Urban Development and it appears that within a period of one (1) year prior to the termination of service the proceeding or investigation was within the official responsibility of the former officer or employee.</P> <FP>In other cases, authorization will be given where the Secretary is satisfied that the appearance or participation will not involve any actual conflict of interest or impropriety thereof.</FP> <P>(d) In any case in which a former officer or employee of the Department of Housing and Urban Development is prohibited under this section from appearing or participating in a proceeding or investigation, any partner or legal or business associate of such former officer or employee shall likewise be so prohibited unless:</P> <P>(1) Such partner or legal or business associate files with the Secretary an affidavit that in connection with the matter the services of the disqualified former officer or employee will not be utilized in any respect and the matter <PRTPAGE P="73"/>will not be discussed with the former officer or employee in any manner, and that the disqualified former officer or employee shall not share, directly or indirectly, in any fees or retainers received for services rendered in connection with such proceeding or investigation;</P> <P>(2) The disqualified former officer or employee files an affidavit agreeing not to participate in the matter in any manner, and not to discuss it with any person involved in the matter; and</P> <P>(3) Upon the basis of such affidavits, the Secretary determines that the appearance or participation by the partner or associate would not involve any actual conflict of interest or impropriety thereof.</P> </SECTION> <SECTION> <SECTNO>§ 1720.135</SECTNO> <SUBJECT>Standards of practice.</SUBJECT> <P>(a) Attorneys shall conform to the standards of professional and ethical conduct required by practitioners in the courts of the United States and by the bars of which the attorneys are members.</P> <P>(b) The privilege of appearing or practicing may be denied, temporarily or permanently, to any person who is found after notice and opportunity for hearing which at the person's request or in the discretion of the Secretary may be private, and for presentation of oral argument in the matter:</P> <P>(1) Not to possess the requisite qualifications to represent others, or</P> <P>(2) To be lacking in character or integrity, or</P> <P>(3) To have engaged in unethical or improper professional conduct.</P> <P>(c) Contemptuous conduct at any hearing shall be grounds for summary exclusion from said hearing for the duration of the hearing.</P> </SECTION> <SECTION> <SECTNO>§ 1720.140</SECTNO> <SUBJECT>Administrative law judge, powers and duties.</SUBJECT> <P>(a) Hearings in adjudicative proceedings shall be presided over by a duly qualified administrative law judge who shall be designated by the Secretary in a notice to the parties in the proceeding.</P> <P>(b) Administrative law judges shall have the duty to conduct fair and impartial hearings, to take all necessary action to avoid delay in the disposition of proceedings and to maintain order. They shall have all powers necessary to those ends including all powers granted under 5 U.S.C. 556(c), and also power including but not limited to the following:</P> <P>(1) To administer oaths and affirmations.</P> <P>(2) To issue subpoenas and orders requiring access.</P> <P>(3) To take or to cause depositions to be taken.</P> <P>(4) To rule upon offers of proof and receive evidence.</P> <P>(5) To regulate the course of the hearings and the conduct of the parties and their counsel.</P> <P>(6) To hold conferences for simplification and clarification of the issues or any other purpose.</P> <P>(7) To consider and rule upon as justice may require, all procedural and other motions appropriate in an adjudicative proceeding, including motions to open defaults.</P> <P>(8) To make and file decisions.</P> <P>(9) To certify question to a Departmental appeals officer.</P> <P>(10) To take any action authorized by the rules in this part or other appropriate action.</P> </SECTION> <SECTION> <SECTNO>§ 1720.145</SECTNO> <SUBJECT>Disqualification of administrative law judge.</SUBJECT> <P>(a) When an administrative law judge feels disqualified from presiding in a particular proceeding, the administrative law judge shall withdraw therefrom by notice on the record and shall notify the Secretary of such withdrawal.</P> <P>(b) Whenever any party believes that the administrative law judge should be disqualified from presiding, or continuing to preside in a particular proceeding, such party may file with the administrative law judge a motion that the administrative law judge be disqualified and removed. Such motion shall be supported by affidavits setting forth the alleged grounds for disqualification. If the administrative law judge does not agree to disqualification, the hearing shall proceed, and the question of fair hearing and due process may be raised on appeal.</P> </SECTION> <SECTION> <PRTPAGE P="74"/> <SECTNO>§ 1720.150</SECTNO> <SUBJECT>Failure to comply with administrative law judge's directions.</SUBJECT> <P>Any party who refuses or fails to comply with a lawfully issued order or direction of an administrative law judge may be considered to be in contempt of the Secretary. The circumstances of any such neglect, refusal or failure, together with a recommendation for appropriate action, shall be promptly certified by the administrative law judge to the Secretary who may make such orders in regard thereto as the circumstances may warrant.</P> </SECTION> <SECTION> <SECTNO>§ 1720.155</SECTNO> <SUBJECT>Ex parte communications.</SUBJECT> <P>(a) No person shall communicate with an administrative law judge or an appeals officer either directly or indirectly concerning any pending proceeding unless prior to or simultaneously with such communication its contents are disclosed in detail to all persons interested in the proceeding; nor shall an adminstrative law judge or appeals officer request or consider any such unauthorized ex parte communication. This prohibition shall not apply to a simple request for information respecting the status of the proceeding, nor to any ex parte communication expressly authorized by these rules.</P> <P>(b) Any administrative law judge or appeals officer, who receives an ex parte communication which the judge knows or has reason to believe is unauthorized, shall promptly place the communication, or its substance, in the public file and shall inform all persons interested in the proceeding of its existence and general contents. Facts or arguments so communicated shall not be taken into account in deciding any matter in issue unless such facts or arguments shall be brought properly before the administrative law judge.</P> <P>(c) Opportunity to answer allegations or contentions contained in an unauthorized ex parte communication may be afforded any interested person upon motion for leave to do so, wherever such leave will operate to assure a fair hearing or decision.</P> </SECTION> <SECTION> <SECTNO>§ 1720.160</SECTNO> <SUBJECT>Form and filing requirements.</SUBJECT> <P>(a) <E T="03">Filing.</E> Except as otherwise permitted, an original and three copies of all documents shall be filed with the Docket Clerk for Administrative Proceedings, Room 10278, Department of Housing and Urban Development, Washington, DC 20410, on official work days between the hours of 8:45 a.m. and 5:15 p.m.</P> <P>(b) <E T="03">Title.</E> Documents shall show clearly the title of the action, the docket number, and OILSR file number in connection with which they are filed.</P> <P>(c) <E T="03">Form.</E> Except as otherwise permitted, all documents shall be printed, typewritten, or otherwise processed in clear legible form and on good unglazed paper.</P> </SECTION> <SECTION> <SECTNO>§ 1720.165</SECTNO> <SUBJECT>Time computation.</SUBJECT> <P>Computation of any period of time prescribed or allowed by the rules and regulations in this part, or by order of the Secretary or of an administrative law judge, shall begin with the first business day following that on which the act, event, development or default initiating such period of time shall have occurred. When the last day of the period so computed is a Saturday, Sunday, or national holiday, or other day on which the Department of Housing and Urban Development is closed, the period shall run until the end of the next following business day. Except when any prescribed or allowed period of time is 7 days or less, each of the Saturdays, Sundays, and national holidays shall be included in the computation of the prescribed or allowed period.</P> </SECTION> <SECTION> <SECTNO>§ 1720.170</SECTNO> <SUBJECT>Service.</SUBJECT> <P>Notices, orders, processes, determinations and other documents required or permitted under these rules may be served as follows:</P> <P>(a) <E T="03">Upon the Secretary.</E> By personal delivery at the office, or by registered or certified mail addressed to the office of any of the following officials in the <PRTPAGE P="75"/>Office of Interstate Land Sales Registration: Administrator; Associate Administrator; Director, Office of Interstate Land Sales Registration: <E T="03">Provided, however,</E> That during the pendency of a proceeding before the Secretary all pleadings, motions, notices or other documents shall be served in accordance with the terms of § 1720.160.</P> <P>(b) <E T="03">Upon any other person.</E> By delivery of a copy of the documents to the person to be served wherever the person may be found, or by leaving such copy at the person's office or place of business with a person apparently in charge thereof, or, if there is no one in charge or if the office is closed or if the person has no office, by leaving a copy at the person's residence with some person of suitable age and discretion then residing therein, or sending a copy by registered or certified mail, return receipt requested, addressed to the person at the person's last known residence, or at the person's last known principal office or place of business. If the address of the residence, principal office, or place of business is unknown and cannot with due diligence be ascertained, service may be made by mail to any office at which the person to be served is known to be employed or by publication in the <E T="04">Federal Register.</E> </P> <P>(c) <E T="03">Service on corporations, partnerships, associations, other entities.</E> Service may be made upon any corporation, partnership, business association or other entity by serving any officer, director, partner, trustee, agent for service or managing agent thereof. A managing agent, within the meaning of this subsection, is an agent having the principal managerial responsibility in connection with the regular operation of a distinct office or activity of the enterprise.</P> <P>(d) <E T="03">Service through attorney.</E> When a person other than the Secretary and the Secretary's staff shall have appeared of record in a proceeding, generally or specially, by attorney, all subsequent services of notices, orders, processes, and other documents in connection with such proceeding may be made upon such person by serving the attorney, except that subpoenas and other orders by which such person may be brought in contempt shall be served upon the person by one of the methods described in paragraphs (b) and (c) of this section. In any case, a copy of any document served on a client shall be sent to any attorney who has entered an appearance for that client. In such situations, it shall be sufficient proof of service to show that either the client or the attorney has received a copy of the document.</P> <P>(e) <E T="03">Proof of service.</E> Proof of service shall not be required unless the fact of service is reasonably put in issue by appropriate motion or objection on the part of the person allegedly served or other party. In such cases, service may be established by written admission signed by or on behalf of the person to be served, or may be established prima facie by affidavit or certificate of service or mailing, as appropriate. When service is by registered or certified mail, it is complete upon delivery of the document by the post office.</P> </SECTION> <SECTION> <SECTNO>§ 1720.175</SECTNO> <SUBJECT>Intervention by interested persons.</SUBJECT> <P>(a) The administrative law judge, upon timely petition in writing and for good cause shown, and if deemed to be in the public interest, may permit any person to participate by intervention in the proceeding. The petition shall state:</P> <P>(1) The petitioner's relationship to and interest in the matters contained in the proceeding;</P> <P>(2) The petitioner's position with respect to each specific issue upon which the petitioner proposes to intervene, and the facts which the petitioner proposes to adduce in support of each such position; and</P> <P>(3) An assent to exercise of jurisdiction by the Department with respect to the petitioner.</P> <P>(b) The administrative law judge shall determine the propriety of such intervention and the extent to which such intervener may participate, basing such determination upon applicable law, the directness and substantiality of the petitioner's interest in the proceeding and the effect upon the proceeding of allowing such participation.</P> </SECTION> <SECTION> <PRTPAGE P="76"/> <SECTNO>§ 1720.180</SECTNO> <SUBJECT>Settlements.</SUBJECT> <P>Parties may propose in writing, at any time during the course of a proceeding, offers of settlement which shall be submitted to the Secretary. If determined to be appropriate, the party making the offer may be given an opportunity to make an oral presentation in support of such offer. If an offer of settlement is rejected, the party making the offer shall be so notified and the offer shall be deemed withdrawn and shall not constitute a part of the record in the proceeding. Final acceptance by the Secretary of any offer of settlement will terminate any proceeding related thereto upon notification to the administrative law judge or the appeals officer.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Pleadings</HD> <SECTION> <SECTNO>§ 1720.205</SECTNO> <SUBJECT>Suspension notice under § 1710.45(a) of this chapter.</SUBJECT> <P>A suspension pursuant to § 1710.45(a) of this chapter shall be effected by service of a suspension notice which shall contain:</P> <P>(a) An identification of the filing to which the notice applies.</P> <P>(b) A specification of the deficiencies of form, disclosure, accuracy, documentation or fee tender which constitute the grounds under § 1710.45(a) of this chapter, of the suspension, and of the additional or corrective procedure, information, documentation, or tender which will satisfy the Secretary's requirements.</P> <P>(c) A notice of the hearing rights of the developer under § 1720.210 and of the procedures for invoking those rights.</P> <P>(d) A notice that, unless otherwise ordered, the suspension shall remain in effect until 30 days after the developer cures the specified deficiencies as required by the notice.</P> </SECTION> <SECTION> <SECTNO>§ 1720.210</SECTNO> <SUBJECT>Hearings—suspension notice pursuant to § 1710.45(a) of this chapter.</SUBJECT> <P>(a) A developer, upon receipt of a suspension notice issued pursuant to § 1710.45(a) of this chapter, may obtain a hearing by filing a written request in accordance with the instructions regarding such request contained in the suspension notice. Such a request must be filed within 15 days of receipt of the suspension notice and must be accompanied by an answer and 3 copies thereof signed by the respondent or the respondent's attorney conforming to the requirements of § 1720.245. Filing of a motion for a more definite statement pursuant to § 1720.315 shall alter the period of time to request a hearing in accordance with § 1720.240.</P> <P>(b) When a hearing is requested pursuant to paragraph (a) of this section, such hearing shall be held within 20 days of receipt of the request. The time and place for hearing shall be fixed with due regard for the public interest and the convenience and necessity of the parties or their representatives.</P> <P>(c) A request for hearing filed pursuant to paragraph (a) of this section shall not interrupt or annul the effectiveness of the suspension notice, and suspension of the effective date of the Statement or amendment shall continue until vacated by order of the Secretary or administrative law judge. Except in cases in which the developer shall waive or withdraw the request for such hearing, or shall fail to pursue the same by appropriate appearance at a hearing duly scheduled, noticed and convened, the suspended filing shall be reinstated in the event of failure of the Secretary to schedule, give notice of or hold a duly-requested hearing within the time specified in paragraph (b) of this section, or in the event of a finding that the Secretary has failed to support at such hearing the propriety of the suspension with respect to the material issues of law and fact raised by the answer. Such reinstatement shall be effective on the date on which the filing would have become effective had no notice of suspension been issued with respect to it.</P> <P>(d) If there is an outstanding suspension notice under § 1710.45(a) with respect to the same matter for which a suspension order under § 1710.45(b)(3) is issued, the notice and order shall be consolidated for the purposes of hearing. In the event that allegations upon which the suspension notice and suspension order are based are identical, only one answer need be filed.</P> </SECTION> <SECTION> <PRTPAGE P="77"/> <SECTNO>§ 1720.215</SECTNO> <SUBJECT>Notice of proceedings pursuant to § 1710.45(b)(1) of this chapter.</SUBJECT> <P>A proceeding pursuant to § 1710.45(b)(1) of this chapter is commenced by issuance and service of a notice which shall contain:</P> <P>(a) A clear and accurate identification of the filing or filings to which the notice relates.</P> <P>(b) A clear and concise statement of material facts, sufficient to inform the respondent with reasonable definiteness of the statements, omissions, conduct, circumstances or practices alleged to constitute the grounds for the proposed suspension order under § 1710.45(b)(1) of this chapter.</P> <P>(c) A notice of hearing rights of the developer under § 1720.220 and of the procedures for invoking those rights.</P> <P>(d) Designation of the administrative law judge appointed to preside over pre-hearing procedures and over the hearings.</P> <P>(e) A notice that failure to file an answer or motion as provided under § 1720.240 will result in an order suspending the Statement of Record.</P> </SECTION> <SECTION> <SECTNO>§ 1720.220</SECTNO> <SUBJECT>Hearings—notice of proceedings pursuant to § 1710.45(b)(1) of this chapter.</SUBJECT> <P>(a) A developer, upon receipt of a notice of proceedings issued pursuant to § 1710.45(b)(1) of this chapter, may obtain a hearing by filing a written request in accordance with the instructions regarding such request contained in the notice of proceedings. Such a request must be filed within 15 days of receipt of the notice of proceedings and must be accompanied by an answer conforming to the requirements of § 1720.245. Filing of a motion for a more definite statement pursuant to § 1720.315 shall alter the period of time to request a hearing in accordance with § 1720.240.</P> <P>(b) When a hearing is requested pursuant to paragraph (a) of this section, such hearing shall be held within 45 days of receipt of the request by the Secretary unless it is determined that it is not in the public interest. The time and place for hearing shall be fixed with due regard for the public interest and the convenience and necessity of the parties or their representatives.</P> <P>(c) Failure to answer within the time allowed by § 1720.140 or failure of a developer to appear at a hearing duly scheduled shall result in an appropriate order under § 1710.45(b)(1) of this chapter suspending the statement of record. Such order shall be effective as of the date of service or receipt.</P> </SECTION> <SECTION> <SECTNO>§ 1720.225</SECTNO> <SUBJECT>Suspension order under § 1710.45(b)(2) of this chapter.</SUBJECT> <P>A suspension pursuant to § 1710.45(b)(2) of this chapter shall be effected by service of a suspension order which shall contain:</P> <P>(a) An identification of the filing to which the order applies.</P> <P>(b) Bases for issuance of order.</P> <P>(c) A notice of the hearing rights of the developer under § 1720.235 the procedures for invoking those rights.</P> <P>(d) A statement that the order shall remain in effect until the developer has complied with the Secretary's requirements.</P> </SECTION> <SECTION> <SECTNO>§ 1720.230</SECTNO> <SUBJECT>Suspension order under § 1710.45(b)(3) of this chapter.</SUBJECT> <P>A suspension pursuant to paragraph (b)(3) of § 1710.45 of this chapter shall be effected by service of a suspension order which shall contain:</P> <P>(a) An identification of the filing to which the order applies.</P> <P>(b) An identification of the amendment to the filing which generated the order.</P> <P>(c) A statement that the issuance of the order is necessary or appropriate in the public interest or for the protection of purchasers.</P> <P>(d) A statement that the order shall remain in effect until the amendment becomes effective.</P> <P>(e) A notice of the hearing rights of the developer under § 1720.235 and of the procedure for invoking those rights.</P> </SECTION> <SECTION> <SECTNO>§ 1720.235</SECTNO> <SUBJECT>Hearings—suspension orders issued pursuant to § 1710.45(b)(2) and § 1710.45(b)(3) of this chapter.</SUBJECT> <P>(a) A developer, upon receipt of a suspension order issued pursuant to § 1710.45(b)(2) or § 1710.45(b)(3) of this chapter, may obtain a hearing by filing a written request in accordance with the instructions regarding such request <PRTPAGE P="78"/>contained in the suspension order. Such request must be filed within 15 days of receipt of the suspension order and must be accompanied by an answer and 3 copies thereof signed by the respondent or respondent's attorney conforming to the requirements of § 1720.245. Filing of a motion for a more definite statement pursuant to § 1720.315 shall alter the period of time to request a hearing in accordance with § 1720.240.</P> <P>(b) When a hearing is requested pursuant to paragraph (a) of this section, such hearing shall be held within 20 days of receipt of the request. The time and place for hearing shall be fixed with due regard for the public interest and the convenience and necessity of the parties or their representatives.</P> <P>(c) A request for hearing filed pursuant to paragraph (a) of this section shall not interrupt or annul the effectiveness of the suspension order.</P> </SECTION> <SECTION> <SECTNO>§ 1720.236</SECTNO> <SUBJECT>Notice of proceedings to withdraw a State's certification pursuant to § 1710.505 of this chapter.</SUBJECT> <P>A proceeding pursuant to § 1710.505 of this chapter is commenced by issuance and service of a notice which shall contain:</P> <P>(a) An identification of the State certification to which the notice applies.</P> <P>(b) A clear and concise statement of material facts, sufficient to inform the respondent with reasonable definiteness of the basis for the Secretary's determination, pursuant to § 1710.505, that the State's laws, regulations and the administration thereof, taken as a whole, no longer meet the requirements of § 1710. 501.</P> <P>(c) A notice of hearing rights of the State under § 1720.237 and of the procedures for invoking those rights.</P> <P>(d) A notice that failure to file an answer or motion as provided under § 1720.240 will result in an order suspending the State's certification.</P> <CITA>[45 FR 40499, June 13, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 1720.237</SECTNO> <SUBJECT>Hearings—notice of proceedings pursuant to § 1710.505 of this chapter.</SUBJECT> <P>(a) A State, upon receipt of a notice of proceedings issued pursuant to § 1710.505 of this chapter, may obtain a hearing by filing a written request in accordance with the instructions regarding such request contained in the notice of proceedings. Such request must be filed within 15 days of receipt of the notice of proceedings and must be accompanied by an answer conforming to the requirements of § 1720.245. Filing of a motion for a more definite statement pursuant to § 1720.315 shall alter the period of time to request a hearing in accordance with § 1720.240.</P> <P>(b) When a hearing is requested pursuant to paragraph (a) of this section, such hearing shall be held within 45 days of receipt of this request. The time and place for the hearing shall be fixed with due regard for the public interest and the convenience and necessity of the parties or their representatives.</P> <P>(c) Failure to answer within the time allowed by § 1720.240 or failure to appear at a hearing duly scheduled shall result in an appropriate order under § 1710.505 of this chapter withdrawing the State's certification. Such order shall be effective as of the date of service or receipt.</P> <CITA>[45 FR 40499, June 13, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 1720.238</SECTNO> <SUBJECT>Notices of proceedings to terminate exemptions pursuant to §§ 1710.14, 1710.15 and 1710.16 of this chapter.</SUBJECT> <P>A proceeding to terminate a self-determining exemption under § 1710.14 or an exemption order under § 1710.15 or § 1710.16 is commenced by issuance and service of a notice which shall contain:</P> <P>(a) In the case of an exemption under § 1710.14, an identification of the developer and subdivision to which this notice applies. In the case of an exemption under either § 1710.15 or § 1710.16, an identification of the exemption order to which the notice applies.</P> <P>(b) A clear and concise statement of material facts, sufficient to inform the respondent with reasonable definiteness of the basis for the Secretary's determination that further exemption from the registration and disclosure requirements is not in the public interest or that the sales or leases do not meet the requirements for exemption, or both.<PRTPAGE P="79"/> </P> <P>(c) A notice of hearing rights of the respondent under § 1720.239 and of the procedures for invoking those rights.</P> <P>(d) A notice that failure to file an answer or motion as provided under § 1720.240 will result, in the case of a notice issued under § 1710.14, an order terminating eligibility for the exemption, or, in the case of a notice issued under either § 1710.15 or § 1710.16, an order terminating the exemption order.</P> <CITA>[45 FR 40499, June 13, 1980, as amended at 54 FR 40868, Oct. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 1720.239</SECTNO> <SUBJECT>Hearings—notice of proceedings pursuant to §§ 1710.14, 1710.15 and 1710.16 of this chapter.</SUBJECT> <P>(a) A developer, upon receipt of a notice of proceedings issued under §§ 1710.14, 1710.15 and 1710.16 of this chapter, may obtain a hearing by filing a written request contained in the notice of proceedings. The request must be filed within 15 days of receipt of the notice of proceedings and must be accompanied by an answer conforming to the requirements of § 1720.245. Filing of a motion for a more definite statement under § 1720.315 shall alter the period of time to request a hearing in accordance with § 1720.240.</P> <P>(b) When a hearing is requested pursuant to paragraph (a) of this section, such hearing shall be held within 45 days of receipt of this request. The time and place for the hearing shall be fixed with due regard for the public interest and the convenience and necessity of the parties of their representatives.</P> <P>(c) Failure to answer within the time allowed by § 1720.240, or failure to appear at a duly scheduled hearing shall result in an appropriate order under § 1710.14 § 1710,15 or § 1710.16 of this chapter terminating the developer's exemption. The order shall be effective as of the date of service or receipt.</P> <CITA>[45 FR 40500, June 13, 1980, as amended at 54 FR 40868, Oct. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 1720.240</SECTNO> <SUBJECT>Time for filing answer.</SUBJECT> <P>(a) Within 15 days after service of the notice or order, the respondent shall mail or submit to the Docket Clerk for Administrative Proceedings, Room 10278, Department of Housing and Urban Development, Washington, DC 20410, an answer and three copies thereof signed by the respondent or attorney. Unless a different time is fixed by the Secretary, the filing of a motion for a more definite statement of the allegations shall alter the period of time in which to file an answer as follows:</P> <P>(1) If the motion is denied, the answer shall be filed within 15 days after service of the denial.</P> <P>(2) If the motion is granted in whole or in part, the more definite statement of allegations shall be filed after service of the order granting the motion and the answer shall be filed within 15 days after service of the more definite statement of allegations.</P> <P>(b) If a notice or order is amended pursuant to § 1720.255(a), the respondent shall have 15 days after service of the amended notice or order within which to file an answer.</P> </SECTION> <SECTION> <SECTNO>§ 1720.245</SECTNO> <SUBJECT>Content of answer.</SUBJECT> <P>(a) An answer to a notice or order shall contain:</P> <P>(1) Specific admission, denial or explanation of each fact alleged in the notice or, if the respondent is without knowledge thereof, a statement to that effect; and</P> <P>(2) A brief statement of the facts constituting each defense.</P> <P>(b) Allegations not answered in this manner shall be deemed admitted.</P> </SECTION> <SECTION> <SECTNO>§ 1720.250</SECTNO> <SUBJECT>Presumption of hearing request.</SUBJECT> <P>When an answer to a suspension notice, a notice of proceedings, or a suspension order is timely filed but a respondent has failed specifically to request a hearing, the answer shall be deemed to constitute such a request.</P> </SECTION> <SECTION> <SECTNO>§ 1720.255</SECTNO> <SUBJECT>Amendments and supplemental pleadings.</SUBJECT> <P>(a) <E T="03">Amendments.</E> Prior to the receipt by the Docket Clerk for Administrative Proceedings of an answer to a notice or order, that notice or order may be amended as a matter of course. After the receipt of an answer, the administrative law judge may allow appropriate amendments to pleadings by motion whenever determination of a controversy on the merits will be facilitated thereby.</P> <P>(b) <E T="03">Variances of proof.</E> When issues not raised by the pleadings but reasonably <PRTPAGE P="80"/>within the scope of the suspension notice or notice of proceedings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings; and such amendments of the pleadings as may be necessary to make them conform to the evidence and to raise such issues shall be allowed at any time.</P> <P>(c) <E T="03">Supplemental pleadings.</E> The administrative law judge may, upon reasonable notice and such terms as are just, permit service of a supplemental pleading setting forth transactions or events which have occurred since the date of the pleading sought to be supplemented and which are relevant to any of the issues involved.</P> </SECTION> <SECTION> <SECTNO>§ 1720.260</SECTNO> <SUBJECT>Prehearing conferences.</SUBJECT> <P>(a) Where it will expedite the proceeding, the administrative law judge may direct or allow the parties or their representatives to appear for a conference to consider:</P> <P>(1) Simplification and clarification of the issues;</P> <P>(2) Necessity or desirability of amendments to the pleadings;</P> <P>(3) Stipulations and admissions of fact and the contents and authenticity of documents;</P> <P>(4) Expedition in the discovery and presentation of evidence;</P> <P>(5) Matters of which official or judicial notice will be taken; and</P> <P>(6) Such other matters as may aid in the orderly and expeditious disposition of the proceeding, including disclosure of the names of witnesses and of documents or other exhibits which will be introduced in evidence in the course of the proceeding.</P> <FP>Prior to the conference, the administrative law judge may direct or allow the parties or their representatives to file memoranda specifying the issues of law and fact to be considered.</FP> <P>(b) If the circumstances are such that a conference is impracticable, the administrative law judge may require the parties to correspond for the purpose of accomplishing any of the objectives set forth in this section.</P> </SECTION> <SECTION> <SECTNO>§ 1720.265</SECTNO> <SUBJECT>Reporting—prehearing conferences.</SUBJECT> <P>Prehearing conferences shall be stenographically or mechanically reported; and the administrative law judge shall prepare and file for the record a written summary of the action taken at the conference, which shall incorporate any written agreements or stipulations made by the parties at the conference or as a result of the conference.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Motions</HD> <SECTION> <SECTNO>§ 1720.305</SECTNO> <SUBJECT>Motions—filing requirements.</SUBJECT> <P>During the time a proceeding is before an administrative law judge, all motions therein shall be in writing; and, except as otherwise provided in this part, a copy of each motion shall be served on the other party or parties. Such motions shall be signed, addressed to, filed with and ruled upon by the administrative law judge. The provisions of this section need not apply to motions made during the course of a hearing.</P> </SECTION> <SECTION> <SECTNO>§ 1720.310</SECTNO> <SUBJECT>Answers to motions.</SUBJECT> <P>Within 7 days after service of any written motion, an opposing party shall answer or shall be deemed to consent to the granting of the relief asked for in the motion. The moving party shall have no right to reply except as permitted by the administrative law judge or the appeals officer.</P> </SECTION> <SECTION> <SECTNO>§ 1720.315</SECTNO> <SUBJECT>Motion for more definite statement.</SUBJECT> <P>When a respondent is unable to respond to the allegations in a suspension notice, a notice of proceedings, or a suspension order, because such allegations are vague, unclear or otherwise indefinite, motion may be made requesting a more definite statement of the allegations before filing an answer. Such motion shall indicate specifically in what manner the notice or order is indefinite or defective and shall be mailed or submitted to the Docket Clerk for Administrative Proceedings, Room 10278, Department of Housing and Urban Development, Washington, DC 20410, within five days after service of the notice or order.</P> </SECTION> <SECTION> <PRTPAGE P="81"/> <SECTNO>§ 1720.320</SECTNO> <SUBJECT>Motions for extension of time.</SUBJECT> <P>As a matter of discretion, the administrative law judge or the appeals officer may waive the requirements of § 1720.310 as to motions for extension of time, and may rule upon such motions ex parte. Extensions of time or continuances in any proceeding may be ordered on a motion by the administrative law judge or on the motion of either party for sufficient cause after the policy of the Secretary under § 1720.125 has been considered.</P> </SECTION> <SECTION> <SECTNO>§ 1720.325</SECTNO> <SUBJECT>Motions for dismissal.</SUBJECT> <P>(a) A motion to dismiss may be made at any time until and including the fifth day after the close of the case for the reception of evidence.</P> <P>(b) When a motion to dismiss, based upon alleged failure to establish a prima facie case, is made at the close of the evidence offered in support of the notice or order, the administrative law judge may defer ruling thereon until the close of the case for the reception of evidence.</P> <P>(c) When a motion to dismiss is granted so as to terminate entirely the proceeding before the administrative law judge, the administrative law judge shall file a decision in accordance with the provisions of § 1720.525. If such a motion is granted only as to some allegations or as to some respondents, the administrative law judge shall enter this partial determination on the record and take it into account in the decision.</P> </SECTION> <SECTION> <SECTNO>§ 1720.330</SECTNO> <SUBJECT>Motions to limit or quash.</SUBJECT> <P>Any person to whom a subpoena is directed may, prior to the time specified therein for compliance, but in no event more than 5 days after the date of service of such subpoena, apply to the administrative law judge to quash or modify such subpoena, accompanying such application with a brief statement of the reasons therefor. The administrative law judge shall have the discretion of granting, denying or modifying said motion.</P> </SECTION> <SECTION> <SECTNO>§ 1720.335</SECTNO> <SUBJECT>Consolidation.</SUBJECT> <P>When more than one proceeding involves a common question of law or fact, the administrative law judge may order a joint hearing of any or all of the matters in issue in the proceedings and may make such other orders concerning the proceedings as to avoid unnecessary costs or delay.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Discovery and Evidence</HD> <SECTION> <SECTNO>§ 1720.405</SECTNO> <SUBJECT>Depositions and discovery.</SUBJECT> <P>(a) At any time during the course of a proceeding, the administrative law judge may discretionally order the taking of a deposition and the production of documents by the deponent. Such order may be entered upon a showing that the deposition is necessary for the purpose of discovery or to preserve relevant evidence. Insofar as consistent with considerations of fairness and the requirements of due process and the rules of this subpart, a deposition shall not be ordered when it appears that it will result in undue burden to any other party or in undue delay of the proceeding. Depositions may be taken orally or upon written interrogatories and cross-interrogatories.</P> <P>(b) Any party desiring to take a deposition shall make application in writing to the administrative law judge setting forth the justification therefor and the time and place proposed for the taking of the deposition. The application shall include also the name and address of each proposed deponent and the subject matter concerning which each is expected to depose and shall be accompanied by an application for any subpoenas desired.</P> <P>(c) An order that the administrative law judge may issue for taking a deposition shall state the circumstances warranting its being taken, and shall designate the time and place and shall show the name and address of each person who is expected to appear and the subject matter with regard to which each is expected to depose. The time designated shall allow not less than 5 days from date of service of the order when the deposition is to be taken within the United States, and not less than 15 days when the deposition is to be taken elsewhere.</P> <P>(d) After an order is served for taking a deposition upon motion timely made by any party or by the person to be deposed and for good cause shown, the administrative law judge may determine <PRTPAGE P="82"/>the propriety of and issue any of the following orders:</P> <P>(1) That the deposition shall not be taken.</P> <P>(2) That it may be taken only at some designated place other than that stated in the order.</P> <P>(3) That it may be taken only on written interrogatories.</P> <P>(4) That certain matters shall not be inquired into.</P> <P>(5) That the examination shall be held with no one present except the parties to the action, their counsel and a person qualified in the designated place to administer oaths and affirmations.</P> <P>(e) The administrative law judge may make any other order which justice requires to protect the party or deponent from annoyance, embarrassment or oppression, or to prevent the unnecessary disclosure or publication of information contrary to the public interest and beyond the requirements of justice in the particular proceeding.</P> <P>(f) Each deponent shall be duly sworn, and any adverse party shall have the right to cross-examine. Objections to questions or documents shall be in short form, stating the grounds of objections relied upon. The questions and the anwers, together with all objections made, but excluding argument or debate, shall be reduced to writing and certified by the person before whom the deposition was taken. Thereafter such person shall forward the deposition and one copy thereof to the party at whose instance the deposition was taken, and shall forward one copy thereof to the representative of each party who was present or represented at the taking of the deposition.</P> <P>(g) A deposition taken to preserve relevant evidence which any party intends to offer in evidence may be corrected in the manner provided by § 1720.515. Any such deposition shall, in addition to the other required procedures, be read to or by the deponent and be subscribed by the deponent if the party intending to offer it in evidence so notifies the person before whom the deposition was taken. Subject to appropriate rulings on such objections to the questions and answers as were noted at the time the deposition was taken or as may be valid when it is offered, a deposition taken to preserve relevant evidence, or any part thereof, may be used or offered in evidence as against any party who was present or represented at the taking of the deposition or who had due notice thereof if the administrative law judge finds any of the following:</P> <P>(1) That the deponent is dead.</P> <P>(2) That the deponent is out of the United States or is located at such a distance that attendance would be impractical, unless it appears that the absence of the deponent was procured by the party offering the deposition.</P> <P>(3) That the deponent is unable to attend or testify because of age, sickness, infirmity or imprisonment.</P> <P>(4) That the party offering the deposition has been unable to procure the attendance of the deponent by subpoena.</P> <P>(5) That such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open hearing, to allow the deposition to be used.</P> </SECTION> <SECTION> <SECTNO>§ 1720.410</SECTNO> <SUBJECT>Subpoenas ad testificandum.</SUBJECT> <P>Application for issuance of a subpoena requiring a person to appear and depose or testify at the taking of a deposition or at an adjudicative hearing shall be made to the administrative law judge who may issue such subpoena.</P> </SECTION> <SECTION> <SECTNO>§ 1720.415</SECTNO> <SUBJECT>Subpoenas duces tecum.</SUBJECT> <P>(a) Application for issuance of a subpoena requiring a person to appear and depose or testify and to produce specific documents, papers, books, or other physical exhibits at the taking of a deposition, or at a prehearing conference, or at an adjudicative hearing shall be made in writing to the administrative law judge who may issue such subpoena and shall specify as exactly as possible the general relevancy of the material and the reasonableness of the scope of the subpoena.</P> <P>(b) Subpoenas duces tecum may be used by any party for purposes of discovery or for obtaining documents, papers, books, or other physical exhibits <PRTPAGE P="83"/>for use in evidence, or for both purposes. When used for discovery purposes a subpoena may require a person to produce and permit the inspection and copying of nonprivileged documents, papers, books, or other physical exhibits which constitute or contain evidence relevant to the subject matter involved and which are in the possession, custody or control of such person.</P> </SECTION> <SECTION> <SECTNO>§ 1720.420</SECTNO> <SUBJECT>Rulings on applications for compulsory process; appeals.</SUBJECT> <P>(a) Applications for orders requiring the production of witnesses' statements pursuant to the provisions of § 1720.430, applications for orders requiring the taking of depositions pursuant to § 1720.405 and applications for the issuance of subpoenas pursuant to §§ 1720.410 and 1720.415 may be made ex parte, and, if so made, such applications and the rulings thereon shall remain ex parte unless otherwise ordered by the administrative law judge. Such applications shall be ruled upon by the administrative law judge assigned to hear the case or, in the event that judge is not available, by another administrative law judge designated by the Secretary.</P> <P>(b) Appeals to an appeals officer from rulings denying applications within the scope of paragraph (a) of this section, or from rulings on motions to limit or quash process issued pursuant to such applications will be entertained by the appeals officer only upon a showing that the ruling complained of involves substantial rights and will materially affect the final decision, and that a determiniation of its correctness before conclusion of the hearing is essential to serve the interests of justice. Such appeals shall be made on the record, shall briefly state the grounds relied on and shall be filed within 5 days after notice of the ruling complained of. Appeals from denials of ex parte applications shall have annexed thereto copies of the applications and rulings involved. Any answer to such appeal shall not operate to suspend the hearing unless otherwise ordered by the administrative law judge or the appeals officer.</P> </SECTION> <SECTION> <SECTNO>§ 1720.425</SECTNO> <SUBJECT>Presentation and admission of evidence.</SUBJECT> <P>(a) All witnesses at a hearing for the purpose of taking evidence shall testify under oath or affirmation which shall be administered by the administrative law judge. Every party shall have the right to present such oral or documentary evidence and to conduct such cross-examinations as may be required for a full and true disclosure of the facts. The administrative law judge shall receive relevant and material evidence, rule upon offers of proof and exclude all irrelevant, immaterial or unduly repetitious evidence.</P> <P>(b) Evidence shall not be excluded merely by application of technical rules governing its admissibility, competency, weight or foundation in the record; but evidence lacking any significant probative value, or substantially tending merely to confuse or extend the record, shall be excluded. The administrative law judge may allow arguments on the admissibility of evidence by analogy to the Federal Rules of Evidence currently applicable in the United States District Courts of the United States.</P> <P>(c) When offered evidence is excluded, the party offering the same shall be permitted to state on the record an offer of proof with respect thereto and rejected exhibits, adequately marked, shall on request of the party offering the same be retained in the record for purposes of review. Evidence may be received subject to deferred ruling on objections to its admissibility.</P> <P>(d) Objections to evidence shall be timely made and shall specify the particular ground of objection without argument except as argument may be expressly required by the administrative law judge. Formal exception to an adverse ruling is unnecessary.</P> </SECTION> <SECTION> <SECTNO>§ 1720.430</SECTNO> <SUBJECT>Production of witnesses' statements.</SUBJECT> <P>After a witness called by the attorney for the Office of Interstate Land Sales Registration has given direct testimony in a hearing, any other party may request and obtain the production of any statement, or part thereof, of such witness pertaining to the witness' direct testimony in the possession of the Office of Interstate Land Sales <PRTPAGE P="84"/>Registration, subject, however, to the limitations applicable to the production of witnesses' statements under the Jencks Act, 18 U.S.C. 3500.</P> </SECTION> <SECTION> <SECTNO>§ 1720.435</SECTNO> <SUBJECT>Official notice.</SUBJECT> <P>Official notice may be taken of any material fact which might be judicially noticed by a District Court of the United States, any matter in the public official records of the Office of Interstate Land Sales Registration or any matter which is peculiarly within the knowledge of the administrative law judge. When any decision of an administrative law judge rests, in whole or in part, upon the taking of official notice of a material fact not appearing in evidence of record, opportunity to disprove such noticed fact shall be granted any party making timely request therefor.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Hearings</HD> <SECTION> <SECTNO>§ 1720.505</SECTNO> <SUBJECT>Interlocutory review of administrative law judge's decision.</SUBJECT> <P>(a) The appeals officer will not review a ruling of an administrative law judge prior to the appeals officer's consideration of the entire proceeding in the absence of extraordinary circumstances. Except as provided in § 1720.140 an administrative law judge shall not certify a ruling for interlocutory review to an appeals officer unless a party so requests and the administrative law judge is of the opinion and finds either on the record or in writing that:</P> <P>(1) A subsequent reversal of the ruling would cause unusual delay or expense, taking into consideration the probability of such reversal, or</P> <P>(2) Substantial rights are at stake and the final decision might be materially affected.</P> <P>(b) The certification by the administrative law judge shall be in writing and shall specify the material relevant to the ruling involved. The appeals officer may decline to consider the ruling certified if the officer determines that interlocutory review is not warranted or appropriate under the circumstances. If the administrative law judge does not certify a matter, a party who had requested certification may apply to the appeals officer for review. An application for review shall be in writing and shall briefly state the grounds relied on and shall be filed within 2 days after notice of the ruling complained of. Review will not be granted unless the appeals officer concludes that the administrative law judge erred in failing to certify the matter. Unless otherwise ordered by the administrative law judge, the hearing shall continue whether or not such certification or application is made. Failure to request certification or to make such application will not waive the right to seek review of the ruling of the administrative law judge after the close of the hearing.</P> <CITA>[43 FR 29496, July 7, 1978, as amended at 50 FR 10942, Mar. 19, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 1720.510</SECTNO> <SUBJECT>Reporting and transcription.</SUBJECT> <P>Hearings shall be stenographically or mechanically reported and transcribed under the supervision of the administrative law judge. The original transcript shall be a part of the record and the sole official transcript. Copies of transcripts shall be available from the reporter at rates not to exceed the maximum rates fixed by contract between the Secretary and the reporter.</P> </SECTION> <SECTION> <SECTNO>§ 1720.515</SECTNO> <SUBJECT>Corrections.</SUBJECT> <P>Corrections of the official transcript ordered by the administrative law judge shall be included in the record. Corrections shall not be ordered by the administrative law judge except upon notice and opportunity for the hearing of objections. Such corrections shall be made by the reporter by furnishing substitute pages, under the usual certificate of the reporter, for insertion in the official record.</P> </SECTION> <SECTION> <SECTNO>§ 1720.520</SECTNO> <SUBJECT>Proposed findings, conclusions, and order.</SUBJECT> <P>The administrative law judge may fix a reasonable time, not to exceed 30 days after the close of the evidence, during which any party may file with the administrative law judge proposed findings of fact, conclusions of law and rules or orders together with briefs in support thereof. Such proposals shall be in writing, shall be served upon all <PRTPAGE P="85"/>parties and shall contain adequate references to the record and to authorities relied on. The record shall show the administrative law judge's ruling on each proposed finding and conclusion, except when the rule or order disposing of the proceeding otherwise informs the parties of the action taken thereon.</P> </SECTION> <SECTION> <SECTNO>§ 1720.525</SECTNO> <SUBJECT>Decision of administrative law judge.</SUBJECT> <P>(a) The administrative law judge shall make and file a decision within 30 days after the close of the taking of evidence in cases in which a hearing is held.</P> <P>(b) The decision shall be effective 10 days after service upon the parties unless a petition for appeal is filed pursuant to § 1720.605 which shall serve to stay the effectiveness of the decision while the appeal procedure is ongoing.</P> </SECTION> <SECTION> <SECTNO>§ 1720.530</SECTNO> <SUBJECT>Decision of administrative law judge—content.</SUBJECT> <P>The administrative law judge's decision shall include a statement of:</P> <P>(a) Findings, with specific references to principal supporting items of evidence in the record and conclusions, as well as the reasons or bases therefor, upon all of the material issues of fact, law or discretion presented on the record, and</P> <P>(b) An appropriate order.</P> <FP>The administrative law judge's decision shall be based upon a consideration of the whole record and supported by reliable, probative and substantial evidence.</FP> </SECTION> <SECTION> <SECTNO>§ 1720.535</SECTNO> <SUBJECT>Reopening of proceeding; termination of jurisdiction.</SUBJECT> <P>(a) At any time prior to the filing of the decision, the administrative law judge may reopen the proceeding for the reception of further evidence.</P> <P>(b) The jurisdiction of the administrative law judge is terminated when the decision becomes effective unless and until the proceeding is remanded to the judge by the appeals officer or a court of appropriate jurisdiction. The administrative law judge may <E T="03">sua sponte</E> or on motion of a party file corrections of clerical errors.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Appeals</HD> <SECTION> <SECTNO>§ 1720.605</SECTNO> <SUBJECT>Appeal from decision of administrative law judge.</SUBJECT> <P>(a) <E T="03">Petition for appeal.</E> The administrative law judge's decision may be appealed by filing a written petition for appeal with the Docket Clerk for Administrative Proceedings within 10 days after service of the decision appealed from. Copies of the petition for appeal shall be served on all interested parties. The petition shall be limited to specifying the findings and conclusions to which exceptions are taken, together with a summary of the reasons in support of such exceptions.</P> <P>(b) <E T="03">Denial of petition.</E> A petition for appeal of the decision of the administrative law judge may be denied by the appeals officer. The petition shall be ruled on by the appeals officer within 10 days after filing. A denial of the petition shall be final agency action and shall render the administrative law judge's decision immediately effective.</P> <P>(c) <E T="03">Appeal brief.</E> If the appeals officer grants the petition, the appeal shall be perfected by filing within 30 days after service of the decision granting the petition a brief conforming to § 1720.620. In addition, the appellant shall submit a proposed order for the consideration of the appeals officer.</P> </SECTION> <SECTION> <SECTNO>§ 1720.610</SECTNO> <SUBJECT>Answering brief.</SUBJECT> <P>Within 20 days after service of an appeal brief upon a party, such party may file an answering brief conforming to the requirements of § 1720.620.</P> </SECTION> <SECTION> <SECTNO>§ 1720.615</SECTNO> <SUBJECT>Reply brief.</SUBJECT> <P>A brief in reply to an answering brief, limited to rebuttal of matters in the answering brief, may be filed and served by a party within 7 days after receipt of the answering brief or the day preceding oral argument whichever is earlier. No answer to a reply brief will be permitted.</P> </SECTION> <SECTION> <SECTNO>§ 1720.620</SECTNO> <SUBJECT>Length and form of briefs.</SUBJECT> <P>No brief shall exceed 60 pages in length except with the permission of the administrative law judge or the appeals officer on the Interstate Land Sales Board and shall contain, in the order indicated, the following:<PRTPAGE P="86"/> </P> <P>(a) The title of the proceeding, file number, the name of the party on whose behalf it is submitted and the name and address of the attorney in the matter on the front cover or title page.</P> <P>(b) Subject index with page references.</P> <P>(c) Table of cases alphabetically arranged, statutes, texts, and other authorities and materials cited, with page references.</P> <P>(d) A concise statement of the facts of the case, without argument.</P> <P>(e) A concise statement of the questions sought to be raised.</P> <P>(f) The argument, presenting clearly the points of fact and law relied upon in support of the position taken on each question with specific page references to the record so far as available, and to legal authority or other material relied upon in support of statements contained in the argument.</P> </SECTION> <SECTION> <SECTNO>§ 1720.625</SECTNO> <SUBJECT>Oral argument.</SUBJECT> <P>Oral arguments will not be heard in cases on appeal to the appeals officer unless the officer otherwise orders, and stenographic or mechanical record of such oral argument may be made, in the officer's discretion. The purpose of oral argument is to emphasize and clarify the written argument appearing in the briefs and to answer questions.</P> </SECTION> <SECTION> <SECTNO>§ 1720.630</SECTNO> <SUBJECT>Decision on appeal or review.</SUBJECT> <P>(a) Upon appeal from or review of an administrative law judge's decision, the appeals officer will consider such parts of the record as are cited or as may be necessary to resolve the issues and, in addition, to the extent necessary or desirable, will exercise all the powers which could have been exercised had the appeals officer made the initial decision. Unless exceptional circumstances are present, however, all appeals and reviews will be determined upon the record made before the administrative law judge.</P> <P>(b) The appeals officer may affirm, reverse, modify, set aside or remand for further proceedings, in whole or in part, the administrative law judge's decision. The appellate order shall set forth the reasons upon which the decision is based.</P> <P>(c) In those cases where the appeals officer believes that further information or additional arguments of the parties are needed as to the form and content of the rule or order to be issued, the appeals officer may withhold final decision pending the receipt of such additional information or argument under procedures specified.</P> <P>(d) The decision of the appeals officer shall be final 10 days after service upon the parties.</P> <P>(e) The appeals officer shall render a decision within 30 days after the date of receipt of the reply brief or the taking of additional information and evidence, whichever is later.</P> </SECTION> <SECTION> <SECTNO>§ 1720.635</SECTNO> <SUBJECT>Appeals officer.</SUBJECT> <P>The Secretary shall hear, consider and determine fully and finally all appeals from decisions made pursuant to the rules in this part by the administrative law judge; provided, however, that the Secretary may, upon lawful delegation, designate a staff member or other person to serve as the appeals officer.</P> </SECTION> </SUBJGRP> </SUBPART> </PART> </CHAPTER> <CHAPTER> <LRH>24 CFR Ch. XII (4-1-03 Edition)</LRH> <RRH>Office of Inspector General, HUD</RRH> <TOC> <TOCHD> <PRTPAGE P="87"/> <HD SOURCE="HED">CHAPTER XII—OFFICE OF INSPECTOR GENERAL, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</HD> </TOCHD> <PTHD>Part</PTHD> <PGHD>Page</PGHD> <CHAPTI> <PT>2000</PT> <RESERVED>[Reserved]</RESERVED> <PT>2002</PT> <SUBJECT>Availability of information to the public</SUBJECT> <PG>89</PG> <PT>2003</PT> <SUBJECT>Implementation of the Privacy Act of 1974</SUBJECT> <PG>95</PG> <PT>2004</PT> <SUBJECT>Subpoenas and production in response to subpoenas or demands of courts or other authorities</SUBJECT> <PG>98</PG> </CHAPTI> </TOC> <PART> <PRTPAGE P="89"/> <HD SOURCE="HED">PART 2000 [RESERVED]</HD> </PART> <PART> <EAR>Pt. 2002</EAR> <HD SOURCE="HED">PART 2002—AVAILABILITY OF INFORMATION TO THE PUBLIC</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>2002.1</SECTNO> <SUBJECT>Scope of the part and applicability of other HUD regulations.</SUBJECT> <SECTNO>2002.3</SECTNO> <SUBJECT>OIG's overall policy concerning discloseable records and requests for OIG records.</SUBJECT> <SECTNO>2002.5</SECTNO> <SUBJECT>Records produced upon request when reasonably described.</SUBJECT> <SECTNO>2002.7</SECTNO> <SUBJECT>OIG processing of requests.</SUBJECT> <SECTNO>2002.9</SECTNO> <SUBJECT> Where to review records.</SUBJECT> <SECTNO>2002.11</SECTNO> <SUBJECT>Review of records, aggregating requests and waiving or reducing fees.</SUBJECT> <SECTNO>2002.13</SECTNO> <SUBJECT>Charges for interest and for unsuccessful searches; utilization of Debt Collection Act.</SUBJECT> <SECTNO>2002.15</SECTNO> <SUBJECT>Advance payments.</SUBJECT> <SECTNO>2002.17</SECTNO> <SUBJECT>Time limitations.</SUBJECT> <SECTNO>2002.19</SECTNO> <SUBJECT>Authority to release records or copies.</SUBJECT> <SECTNO>2002.21</SECTNO> <SUBJECT>Authority to deny requests for records and form of denial.</SUBJECT> <SECTNO>2002.23</SECTNO> <SUBJECT>Effect of denial of request.</SUBJECT> <SECTNO>2002.25</SECTNO> <SUBJECT>Administrative review.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>5 U.S.C. 552; Electronic Freedom of Information Act (Pub. L. 104-231); Freedom of Information Reform Act of 1986 (Pub. L. 99-579); 5 U.S.C. App. 3 (Inspector General Act of 1978); 42 U.S.C. 3535(d); Delegation of Authority, Jan. 9, 1981 (46 FR 2389).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>49 FR 11165, Mar. 26, 1984, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 2002.1</SECTNO> <SUBJECT>Scope of the part and applicability of other HUD regulations.</SUBJECT> <P>(a) <E T="03">General.</E> This part contains the regulations of the Office of Inspector General which implement the Freedom of Information Act (5 U.S.C. 552). It informs the public how to request records and information from the Office of Inspector General and explains the procedure to use if a request is denied. Requests for documents made by subpoena or other order are governed by procedures contained in part 2004 of this chapter. In addition to the regulations in this part, the following provisions of part 15 of this title covering the production or disclosure of material or information apply (except as limited in paragraph (b) of this section) to the production or disclosure of material in the possession of the Office of Inspector General:</P> <P>§ 15.2—What definitions apply to this part?</P> <P>§ 15.3—What exemptions are authorized by 5 U.S.C. 552?;</P> <P>§ 15.108—What are HUD's policies concerning designating confidential commercial or financial information under Exemption 4 of the FOIA and responding to requests for business information?</P> <P>§ 15.110—What fees will HUD charge?</P> <P>(b) Limited applicability of section 15.110. For purposes of this part, paragraphs (d) through (k) of § 15.110 are not applicable.</P> <P>(c) Use of the term “HUD”. For purposes of this part, and when the words “HUD” or “Department” are used in this part or §§ 15.2(b), 15.3, 15.108 and 15.110 of this title, the term means the Office of the Inspector General.</P> <P>(d) Request for declassification and release of classified material. Section 15.107 of this title contains provisions for requesting declassification and release of declassified material.</P> <CITA>[67 FR 47216, July 17, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.3</SECTNO> <SUBJECT>OIG's overall policy concerning discloseable records and requests for OIG records.</SUBJECT> <P>(a) The Office of Inspector General will fully and responsibly disclose its identifiable records and information consistent with competing public interests, such as national security, personal privacy, grand jury and investigative secrecy, complainant confidentiality, agency deliberative process, as are recognized by FOIA and other federal statutes.</P> <P>(b) A request for Office of Inspector General records may be made in person during normal business hours at any office where Office of Inspector General employees are permanently stationed. Although oral requests may be honored, a requester may be asked to submit the request in writing. A written request shall be addressed to: The Office of Inspector General, Department of Housing and Urban Development, 451 Seventh Street, SW, Room 8260, Washington, DC 20410.</P> <P>(c) Each request must reasonably describe the desired record including the name, subject matter, and number or date, where possible, so that the record <PRTPAGE P="90"/>may be identified and located. The request should also include the name, address and telephone number of the requester, and the format in which the requester would like the desired record to be reproduced. In order to enable the Office of Inspector General to comply with the time limitations set forth in § 2002.17, both the envelope containing a written request and the letter itself should clearly indicate that the subject is a Freedom of Information Act request.</P> <P>(d) The request must be accompanied by the fee or an offer to pay the fee as determined in § 15.110.</P> <P>(e) Copies of available records will be made as promptly as possible. Copying service will be limited to not more than 10 copies of any single page. Records that are published or available for sale need not be reproduced.</P> <P>(f) To the extent that records are readily reproducible, the Office of Inspector General will send records in the form requested, including electronic format.</P> <CITA>[67 FR 47217, July 17, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.5</SECTNO> <SUBJECT>Records produced upon request when reasonably described.</SUBJECT> <P>(a) When a request is made which reasonably describes a record of the Office of Inspector General (see § 2002.3) which has been stored in the National Archives or other record center of the General Services Administration, the record will be requested by the Office of Inspector General if it otherwise would be available under this part.</P> <P>(b) Every effort will be made to make a record in use by the staff of the Office of Inspector General available when requested, and such availability will be deferred only to the extent necessary to avoid serious interference with the business of the Office of Inspector General.</P> </SECTION> <SECTION> <SECTNO>§ 2002.7</SECTNO> <SUBJECT>OIG processing of requests.</SUBJECT> <P>(a) <E T="03">Multitracking.</E> (1) The Office of Inspector General places each request in one of two tracks. The Office of Inspector General places requests in its simple or complex track based on the amount of work and time involved in processing the request. Factors the Office of Inspector General will consider in assigning a request in the simple or complex track will include whether the request involves the processing of voluminous documents and/or whether the request involves responsive documents from more than one organizational unit. Within each track, the Office of Inspector General processes requests in the order in which they are received.</P> <P>(2) For requests that have been sent to the wrong office, the Office of Inspector General will assign the request within each track using the earlier of either:</P> <P>(i) The date on which the request was referred to the appropriate office; or,</P> <P>(ii) The end of the ten (10) working day period in which the request should have been referred to the appropriate office.</P> <P>(b) <E T="03">Expedited processing.</E> The Office of Inspector General may take your request or appeal out of normal order if the Office of Inspector General determines that you have a compelling need for the records or in other cases as determined by the Office of Inspector General. If the Office of Inspector General grants your request for expedited processing, the Office of Inspector General will give your request priority and will process it as soon as practicable. The Office of Inspector General will consider a compelling need to exist if:</P> <P>(1) Your failure to obtain the requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual or a threatened loss of substantial due process rights; or,</P> <P>(2) You are primarily engaged in disseminating information and there is an urgency to inform the public concerning actual or alleged Federal Government activity.</P> <CITA>[67 FR 47217, July 17, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.9</SECTNO> <SUBJECT>Where to review records.</SUBJECT> <P>(a) You may inspect and copy hardcopy records that section 552(a)(2) of FOIA requires the Office of Inspector General make available to the public in reading rooms. At the Headquarters and DC Offices, this would be at HUD's Library, Room 8141, 451 Seventh St., SW, Washington, DC 20410, and should be coordinated through Counsel's Office to the Inspector General, Room <PRTPAGE P="91"/>8260. Local offices may coordinate for local requests.</P> <P>(b) For records created on or after November 1, 1996, this information is available to you through the Office of Inspector General's Internet website at <E T="03">http://www.hud.gov/oig/oigindex.html.</E> </P> <CITA>[67 FR 47217, July 17, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.11</SECTNO> <SUBJECT>Review of records, aggregating requests and waiving or reducing fees.</SUBJECT> <P>(a) <E T="03">Review of records.</E> Only requesters who are seeking documents for commercial use may be charged for the time HUD spends reviewing records to determine whether they are exempt from mandatory disclosure. Charges may be assessed only for the initial review (i.e., the review undertaken the first time HUD analyzes the applicability of a specific exemption to a particular record or portion of a record). HUD will not charge for review at the administrative appeal level of an exemption already applied. However, records or portions of records withheld in full under an exemption which is subsequently determined not to apply may be reviewed again to determine the applicability of other exemptions not previously considered. The costs for such a subsequent review would be properly assessable. Review time will be assessed at the same rates established for search time in § 15.110 of this title.</P> <P>(b) <E T="03">Aggregating requests.</E> A requester may not file multiple requests at the same time, each seeking portions of a document or documents, solely in order to avoid payment of fees. When HUD reasonably believes that a requester or a group of requesters acting in concert, is attempting to break a request down into a series of requests for the purpose of evading the assessment of fees, HUD may aggregate any such requests and charge accordingly.</P> <P>(c) <E T="03">Waiving or reducing fees.</E> HUD will furnish documents without charge or at reduced charge if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. The official authorized to grant access to records may waive or reduce the applicable fee where requested. The determination not to waive or reduce the fee will be subject to administrative review as provided in § 2002.25 after the decision on the request for access has been made. Six factors shall be used in determining whether the requirements for a fee waiver or reduction are met. These factors are as follows:</P> <P>(1) <E T="03">The subject of the request:</E> Whether the subject of the requested records concerns “the operations or activities of the government”;</P> <P>(2) <E T="03">The informative value of the information to be disclosed:</E> Whether the disclosure is “likely to contribute” to an understanding of government operations or activities;</P> <P>(3) <E T="03">The contribution to an understanding of the subject by the general public likely to result from disclosure:</E> Whether disclosure of the requested information will contribute to “public understanding”;</P> <P>(4) <E T="03">The significance of the contribution to public understanding:</E> Whether the disclosure is likely to contribute “significantly” to public understanding of government operations or activities;</P> <P>(5) <E T="03">The existence and magnitude of a commercial interest:</E> Whether the requester has a commercial interest that would be furthered by the requested disclosure; and, if so</P> <P>(6) <E T="03">The primary interest in disclosure:</E> Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is “primarily in the commercial interest of the requester.”</P> <CITA>[53 FR 37551, Sept. 27, 1988, as amended at 67 FR 47217, July 17, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.13</SECTNO> <SUBJECT>Charges for interest and for unsuccessful searches; utilization of Debt Collection Act.</SUBJECT> <P>(a) <E T="03">Charging interest.</E> HUD will begin assessing interest charges on an unpaid bill starting on the 31st day following the day on which the billing was sent. A fee received by HUD, even if not processed, will suffice to stay the accrual of interest. Interest will be at the rate prescribed in section 3717 of title 31 U.S.C. and will accrue from the date of the billing.<PRTPAGE P="92"/> </P> <P>(b) <E T="03">Charge for unsuccessful search.</E> Ordinarily no charge for search time will be assessed when the records requested are not found or when the records located are withheld as exempt. However, if the requester has been notified of the estimated cost of the search time and has been advised specifically that the requested records may not exist or may be withheld as exempt, fees shall be charged.</P> <P>(c) <E T="03">Use of Debt Collection Act of 1982.</E> When a requester has failed to pay a fee charged in a timely fashion (<E T="03">i.e.,</E> within 30 days of the date of the billing), HUD may, under the authority of the Debt Collection Act and part 17, subpart C of this title, use consumer reporting agencies and collection agencies, where appropriate, to recover the indebtedness owed the Department.</P> <CITA>[53 FR 37552, Sept. 27, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.15</SECTNO> <SUBJECT>Advance payments.</SUBJECT> <P>(a) HUD may not require a requester to make an advance payment, <E T="03">i.e.,</E> payment before work is commenced or continued on a request, unless:</P> <P>(1) HUD estimates or determines that allowable charges that a requester may be required to pay are likely to exceed $250. Then, HUD will notify the requester of the likely cost and obtain satisfactory assurance of full payment where the requester has a history of prompt payment of FOIA fees, or require an advance payment of an amount up to the full estimated charges in the case of requesters with no history of payment; or</P> <P>(2) Where a requester has previously failed to pay a fee charged in a timely fashion (<E T="03">i.e.,</E> within 30 days of the date of the billing), HUD may require the requester to pay the full amount owed plus any applicable interest as provided by § 2002.13(a) or demonstrate that he has, in fact, paid the fees, and to make an advance payment of the full amount of the estimated fee before HUD begins to process a new request or a pending request from that requester.</P> <P>(b) When HUD acts under paragraph (a)(1) or (a)(2) of this section, the administrative time limits prescribed in subsection (a)(6) of the FOIA (i.e., 20 working days from receipt of initial requests and 20 working days from receipt of appeals from initial denial, plus permissible extensions of these time limits) will begin only after HUD has received fee payments described in paragraph (a) of this section.</P> <P>(c) Where it is anticipated that either the duplication fee individually, the search fee individually, or a combination of the two exceeds $25.00 over and above the free search time and duplication costs, where applicable, and the requesting party has not indicated in advance a willingness to pay so high a fee, the requesting party shall be promptly informed of the amount of the anticipated fee or such portion thereof as can readily be estimated. The notification shall offer the requesting party the opportunity to confer with agency representatives for the purpose of reformulating the request so as to meet that party's needs at a reduced cost.</P> <CITA>[53 FR 37552, Sept. 27, 1988, as amended at 67 FR 47217, July 17, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.17</SECTNO> <SUBJECT>Time limitations.</SUBJECT> <P>(a) Upon receipt of a request for records, the appropriate Assistant Inspector General or an appointed designee will determine within twenty (20) working days whether to grant the request. The Assistant Inspector General or designee will notify the requestor immediately in writing of the determination and the right of the person to request a review by the Inspector General of an adverse determination.</P> <P>(b) The time of receipt for processing a request for records purposes is the time it is received by the appropriate office for review. If a request is misdirected by the requester, the Office of Inspector General or Department official who receives the request will promptly refer it to the appropriate office and will advise the requester about the delayed time of receipt.</P> <P>(c) A determination with respect to a request for review by the Inspector General of HUD under § 2002.25 will be made within 20 working days after receipt and will be communicated immediately to the person requesting review.</P> <P>(d) If the Office of Inspector General grants the request for records, the records will be made available promptly to the requester.<PRTPAGE P="93"/> </P> <P>(e) In unusual circumstances as specified in this paragraph, and subject to the concurrence of any Assistant Inspector General or appointed designee, the time limits prescribed in either paragraph (a) or (c) of this section may be extended. Any extension will be in writing to the requester and will include reasons for the extension and the date on which the disposition of the request will be sent. No extension will be for more than ten working days. As used in this paragraph, <E T="03">unusual circumstances</E> means (but only to the extent necessary to the proper processing of the particular request) that there is a need:</P> <P>(1) To search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; or</P> <P>(2) To search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or</P> <P>(3) For consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more offices of the Office of Inspector General having a substantial interest in the subject matter of the request.</P> <CITA>[49 FR 11165, Mar. 26, 1984. Redesignated and amended at 53 FR 37550, 37552, Sept. 27, 1988; 57 FR 2227; Jan. 21, 1992; 59 FR 14097, Mar. 25, 1994; 67 FR 47217, July 17, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.19</SECTNO> <SUBJECT>Authority to release records or copies.</SUBJECT> <P>Any Assistant Inspector General or an appointed designee is authorized to release any record (or copy) pertaining to activities for which he or she has primary responsibility, unless disclosure is clearly inappropriate under this part. No authorized person may release records for which another officer has primary responsibility without the consent of the officer or his or her designee.</P> <CITA>[49 FR 11165, Mar. 26, 1984. Redesignated at 53 FR 37550, Sept. 27, 1988, as amended at 59 FR 14098, Mar. 25, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.21</SECTNO> <SUBJECT>Authority to deny requests for records and form of denial.</SUBJECT> <P>(a) An Assistant Inspector General may deny a request for a record. Any denial will:</P> <P>(1) Be in writing;</P> <P>(2) State simply the reasons for the denial;</P> <P>(3) State that review of the denial by the Inspector General of HUD may be requested;</P> <P>(4) Set forth the steps for obtaining review consistent with § 2002.25; and</P> <P>(5) Be signed by the Assistant Inspector General responsible for the denial.</P> <P>(b) The classes of records authorized to be exempted from disclosure by the Freedom of Information Act (5 U.S.C. 552) are those which concern matters that are:</P> <P>(1)(i) Specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy; and</P> <P>(ii) Are in fact properly classified under the cited executive order;</P> <P>(2) Related solely to the internal personnel rules and practices of HUD;</P> <P>(3) Specifically exempted from disclosure by statute (other than section 552b of title 5), provided that the statute either:</P> <P>(i) Requires that the matters be withheld from the public in a manner that leaves no discretion on the issue; or</P> <P>(ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld;</P> <P>(4) Trade secrets and commercial or financial information that are obtained from a person and are privileged or confidential;</P> <P>(5) Inter-agency or intra-agency memoranda or letters that would not be available by law to a party other than an agency in litigation with HUD;</P> <P>(6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;</P> <P>(7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information:</P> <P>(i) Could reasonably be expected to interfere with enforcement proceedings;<PRTPAGE P="94"/> </P> <P>(ii) Would deprive a person of a right to a fair trial or an impartial adjudication;</P> <P>(iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;</P> <P>(iv) Could reasonably be expected to disclose the identity of a confidential source, including a state, local, or foreign agency or authority, or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source;</P> <P>(v) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or</P> <P>(vi) Could reasonably be expected to endanger the life or physical safety of any individual;</P> <P>(8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or</P> <P>(9) Geological and geophysical information and data, including maps, concerning wells.</P> <P>(c) With regard to a request for commercial or financial information, predisclosure notification to business submitters is required by Executive Order 12600 (3 CFR, 1987 Comp., p. 235) to afford the business submitter an opportunity to object to disclosure of the requested information.</P> <P>(d) Any reasonably segregable portion of a record shall be provided to any person requesting the record, after deletion of the portions that are exempt under this section.</P> <CITA>[57 FR 2228, Jan. 21, 1992, as amended at 59 FR 14098, Mar. 25, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.23</SECTNO> <SUBJECT>Effect of denial of request.</SUBJECT> <P>Denial of a request shall terminate the authority of the Assistant Inspector General or his or her designee to release or disclose the requested record, which thereafter may not be made available except with express authorization of the Inspector General of HUD.</P> <CITA>[49 FR 11165, Mar. 26, 1984. Redesignated at 53 FR 37550, Sept. 27, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 2002.25</SECTNO> <SUBJECT>Administrative review.</SUBJECT> <P>(a) Review is available only from a written denial of a request for a record issued under § 2002.21 and only if a written request for review is filed within 30 days after issuance of the written denial.</P> <P>(b) A review may be initiated by mailing a request for review to the Inspector General of HUD, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 8256, Washington, DC 20410. Each request for review must contain the following:</P> <P>(1) A copy of the request, if in writing;</P> <P>(2) A copy of the written denial issued under § 2002.21; and</P> <P>(3) A statement of the circumstances, reasons, or arguments advanced in support of disclosure of the original request for the record.</P> <FP>In order to enable the Inspector General of HUD to comply with the time limitations set forth in § 2002.17, both the envelope containing the request for review and the letter itself should clearly indicate that the subject is a Freedom of Information Act request for review.</FP> <P>(c) Review will be made promptly by the Inspector General of HUD on the basis of the written record described in paragraph (b) of this section. Before a denial, the Inspector General will obtain the concurrence of legal counsel for the Office of Inspector General.</P> <P>(d) The time of receipt for processing of a request for review purposes is the time it is received by the Inspector General of HUD. If a request is misdirected by the requester and is received by one other than the Inspector General, the Office of Inspector General or Department official who receives the request will forward it promptly to the Inspector General and will advise the requester about the delayed time of receipt.</P> <P>(e) The decision after review will be in writing, will constitute final agency <PRTPAGE P="95"/>action on the request, and, if the denial of the request for records is in full or in part upheld, the Inspector General will notify the person making the request of his or her right to seek judicial review under 5 U.S.C. 552(a)(4).</P> <CITA>[49 FR 11165, Mar. 26, 1984. Redesignated and amended at 53 FR 37550, 37552, Sept. 27, 1988]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 2003</EAR> <HD SOURCE="HED">PART 2003—IMPLEMENTATION OF THE PRIVACY ACT OF 1974</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>2003.1</SECTNO> <SUBJECT>Scope of the part and applicability of other HUD regulations.</SUBJECT> <SECTNO>2003.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>2003.3</SECTNO> <SUBJECT>Requests for records.</SUBJECT> <SECTNO>2003.4</SECTNO> <SUBJECT>Officials to receive requests and inquiries.</SUBJECT> <SECTNO>2003.5</SECTNO> <SUBJECT>Initial denial of access to records.</SUBJECT> <SECTNO>2003.6</SECTNO> <SUBJECT>Disclosure of a record to a person other than the individual to whom it pertains.</SUBJECT> <SECTNO>2003.7</SECTNO> <SUBJECT>Authority to make law enforcement-related requests for records maintained by other agencies.</SUBJECT> <SECTNO>2003.8</SECTNO> <SUBJECT>General exemptions.</SUBJECT> <SECTNO>2003.9</SECTNO> <SUBJECT>Specific exemptions.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>5 U.S.C. 552a; 5 U.S.C. App. 3 (Inspector General Act of 1978); 42 U.S.C. 3535(d).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>57 FR 62142, Dec. 29, 1992, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 2003.1</SECTNO> <SUBJECT>Scope of the part and applicability of other HUD regulations.</SUBJECT> <P>(a) <E T="03">General.</E> This part contains the regulations of the Office of Inspector General (“OIG”) implementing the Privacy Act of 1974 (5 U.S.C. 552a). The regulations inform the public that the Inspector General has the responsibility for carrying out the requirements of the Privacy Act and for issuing internal OIG orders and directives in connection with the Privacy Act. These regulations apply to all records that are contained in systems of records maintained by the OIG and that are retrieved by an individuals's name or personal identifier.</P> <P>(b) <E T="03">Applicability of part 16.</E> In addition to these regulations, the provisions of 24 CFR part 16 apply to the OIG, except that appendix A to part 16 is not applicable. The provisions of this part shall govern in the event of any conflict with the provisions of part 16.</P> </SECTION> <SECTION> <SECTNO>§ 2003.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>For purposes of this part:</P> <P> <E T="03">Department</E> means the OIG, except that in the context of §§ 16.1(d); 16.11(b) (1), (3), and (4); and 16.12(e), when those sections are incorporated by reference, the term means the Department of Housing and Urban Development.</P> <P> <E T="03">Privacy Act Officer</E> means an Assistant Inspector General.</P> <P> <E T="03">Privacy Appeals Officer</E> means the Inspector General.</P> <CITA>[59 FR 14098, Mar. 25, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 2003.3</SECTNO> <SUBJECT>Requests for records.</SUBJECT> <P>(a) A request from an individual for an OIG record about that individual which is not contained in an OIG system of records will be considered to be a Freedom of Information Act (FOIA) request and will be processed under 24 CFR part 2002.</P> <P>(b) A request from an individual for an OIG record about that individual which is contained in an OIG system of records will be processed under both the Privacy Act and the FOIA in order to ensure maximum access under both statutes. This practice will be undertaken regardless of how an individual characterizes the request.</P> <P>(1) The procedures for inquiries and requirements for access to records under the Privacy Act are more specifically set forth in 24 CFR part 16, except that appendix A to part 16 does not apply to the OIG.</P> <P>(2) An individual will not be required to state a reason or otherwise justify his or her request for access to a record.</P> </SECTION> <SECTION> <SECTNO>§ 2003.4</SECTNO> <SUBJECT>Officials to receive requests and inquiries.</SUBJECT> <P>Officials to receive requests and inquiries for access to, or correction of, records in OIG systems of records are the Privacy Act Officers described in § 2003.2 of this part. Written requests may be addressed to the appropriate Privacy Act Officer at: Office of Inspector General, Department of Housing and Urban Development, Washington, DC 20410.</P> <CITA>[57 FR 62142, Dec. 29, 1992, as amended at 59 FR 14098, Mar. 25, 1994]</CITA> </SECTION> <SECTION> <PRTPAGE P="96"/> <SECTNO>§ 2003.5</SECTNO> <SUBJECT>Initial denial of access to records.</SUBJECT> <P>(a) Access by an individual to a record about that individual which is contained in an OIG system of records will be denied only upon a determination by the Privacy Act Officer that:</P> <P>(1) The record was compiled in reasonable anticipation of a civil action or proceeding; or the record is subject to a Privacy Act exemption under § 2003.8 or § 2003.9 of this part; and</P> <P>(2) The record is also subject to a FOIA exemption under § 2002.21(b) of this chapter.</P> <P>(b) If a request is partially denied, any portions of the responsive record that can be reasonably segregated will be provided to the individual after deletion of those portions determined to be exempt.</P> <P>(c) The provisions of 24 CFR 16.6(b) and 16.7, concerning notification of an initial denial of access and administrative review of the initial denial, apply to the OIG, except that:</P> <P>(1) The final determination of the Inspector General, as Privacy Appeals Officer for the OIG, will be in writing and will constitute final action of the Department on a request for access to a record in an OIG system of records; and</P> <P>(2) If the denial of the request is in whole or in part upheld, the final determination of the Inspector General will include notice of the right to judicial review.</P> </SECTION> <SECTION> <SECTNO>§ 2003.6</SECTNO> <SUBJECT>Disclosure of a record to a person other than the individual to whom it pertains.</SUBJECT> <P>(a) The OIG may disclose an individual's record to a person other than the individual to whom the record pertains in the following instances:</P> <P>(1) Upon written request by the individual, including authorization under 24 CFR 16.5(e);</P> <P>(2) With the prior written consent of the individual;</P> <P>(3) To a parent or legal guardian of the individual under 5 U.S.C. 552a(h); or</P> <P>(4) When permitted by the provisions of 5 U.S.C. 552a(b) (1) through (12).</P> <P>(b) [Reserved]</P> </SECTION> <SECTION> <SECTNO>§ 2003.7</SECTNO> <SUBJECT>Authority to make law enforcement-related requests for records maintained by other agencies.</SUBJECT> <P>(a) The Inspector General is authorized by written delegation from the Secretary of HUD and under the Inspector General Act to make written requests under 5 U.S.C. 552a(b)(7) for transfer of records maintained by other agencies which are necessary to carry out an authorized law enforcement activity under the Inspector General Act.</P> <P>(b) The Inspector General delegates the authority under paragraph (a) of this section to the following OIG officials:</P> <P>(1) Deputy Inspector General;</P> <P>(2) Assistant Inspector General for Audit;</P> <P>(3) Assistant Inspector General for Investigation; and</P> <P>(4) Assistant Inspector General for Management and Policy.</P> <P>(c) The officials listed in paragraph (b) of this section may not redelegate the authority described in paragraph (a) of this section.</P> </SECTION> <SECTION> <SECTNO>§ 2003.8</SECTNO> <SUBJECT>General exemptions.</SUBJECT> <P>(a) The systems of records entitled “Investigative Files of the Office of Inspector General,” “Hotline Complaint Files of the Office of Inspector General,” “Name Indices System of the Office of Inspector General,” and “AutoInvestigation of the Office of Inspector General” consist, in part, of information compiled by the OIG for the purpose of criminal law enforcement investigations. Therefore, to the extent that information in these systems falls within the scope of exemption (j)(2) of the Privacy Act, 5 U.S.C. 552a(j)(2), these systems of records are exempt from the requirements of the following subsections of the Privacy Act, for the reasons stated in paragraphs (a)(1) through (6) of this section.</P> <P>(1) From subsection (c)(3), because release of an accounting of disclosures to an individual who is the subject of an investigation could reveal the nature and scope of the investigation and could result in the altering or destruction of evidence, improper influencing of witnesses, and other evasive actions that could impede or compromise the investigation.<PRTPAGE P="97"/> </P> <P>(2) From subsection (d)(1), because release of investigative records to an individual who is the subject of an investigation could interfere with pending or prospective law enforcement proceedings, constitute an unwarranted invasion of the personal privacy of third parties, reveal the identity of confidential sources, or reveal sensitive investigative techniques and procedures.</P> <P>(3) From subsection (d)(2), because amendment or correction of investigative records could interfere with pending or prospective law enforcement proceedings, or could impose an impossible administrative and investigative burden by requiring the OIG to continuously retrograde its investigations attempting to resolve questions of accuracy, relevance, timeliness and completeness.</P> <P>(4) From subsection (e)(1), because it is often impossible to determine relevance or necessity of information in the early stages of an investigation. The value of such information is a question of judgment and timing; what appears relevant and necessary when collected may ultimately be evaluated and viewed as irrelevant and unnecessary to an investigation. In addition, the OIG may obtain information concerning the violation of laws other than those within the scope of its jurisdiction. In the interest of effective law enforcement, the OIG should retain this information because it may aid in establishing patterns of unlawful activity and provide leads for other law enforcement agencies. Further, in obtaining evidence during an investigation, information may be provided to the OIG which relates to matters incidental to the main purpose of the investigation but which may be pertinent to the investigative jurisdiction of another agency. Such information cannot readily be identified.</P> <P>(5) From subsection (e)(2), because in a law enforcement investigation it is usually counterproductive to collect information to the greatest extent practicable directly from the subject thereof. It is not always feasible to rely upon the subject of an investigation as a source for information which may implicate him or her in illegal activities. In addition, collecting information directly from the subject could seriously compromise an investigation by prematurely revealing its nature and scope, or could provide the subject with an opportunity to conceal criminal activities, or intimidate potential sources, in order to avoid apprehension.</P> <P>(6) From subsection (e)(3), because providing such notice to the subject of an investigation, or to other individual sources, could seriously compromise the investigation by prematurely revealing its nature and scope, or could inhibit cooperation, permit the subject to evade apprehension, or cause interference with undercover activities.</P> <P>(b) [Reserved]</P> <CITA>[57 FR 62142, Dec. 29, 1992, as amended at 65 FR 50904, Aug. 21, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 2003.9</SECTNO> <SUBJECT>Specific exemptions.</SUBJECT> <P>(a) The systems of records entitled “Investigative Files of the Office of Inspector General,” “Hotline Complaint Files of the Office of Inspector General,” “Name Indices System of the Office of Inspector General,” and “AutoInvestigation of the Office of Inspector General” consist, in part, of investigatory material compiled by the OIG for law enforcement purposes. Therefore, to the extent that information in these systems falls within the coverage of exemption (k)(2) of the Privacy Act, 5 U.S.C. 552a(k)(2), these systems of records are exempt from the requirements of the following subsections of the Privacy Act, for the reasons stated in paragraphs (a) (1) through (4) of this section.</P> <P>(1) From subsection (c)(3), because release of an accounting of disclosures to an individual who is the subject of an investigation could reveal the nature and scope of the investigation and could result in the altering or destruction of evidence, improper influencing of witnesses, and other evasive actions that could impede or compromise the investigation.</P> <P>(2) From subsection (d)(1), because release of investigative records to an individual who is the subject of an investigation could interfere with pending or prospective law enforcement proceedings, constitute an unwarranted invasion of the personal privacy of third parties, reveal the identity of <PRTPAGE P="98"/>confidential sources, or reveal sensitive investigative techniques and procedures.</P> <P>(3) From subsection (d)(2), because amendment or correction of investigative records could interfere with pending or prospective law enforcement proceedings, or could impose an impossible administrative and investigative burden by requiring the OIG to continuously retrograde its investigations attempting to resolve questions of accuracy, relevance, timeliness and completeness.</P> <P>(4) From subsection (e)(1), because it is often impossible to determine relevance or necessity of information in the early stages of an investigation. The value of such information is a question of judgment and timing; what appears relevant and necessary when collected may ultimately be evaluated and viewed as irrelevant and unnecessary to an investigation. In addition, the OIG may obtain information concerning the violation of laws other than those within the scope of its jurisdiction. In the interest of effective law enforcement, the OIG should retain this information because it may aid in establishing patterns of unlawful activity and provide leads for other law enforcement agencies. Further, in obtaining evidence during an investigation, information may be provided to the OIG which relates to matters incidental to the main purpose of the investigation but which may be pertinent to the investigative jurisdiction of another agency. Such information cannot readily be identified.</P> <P>(b) The systems of records entitled “Investigative Files of the Office of Inspector General,” “Hotline Complaint Files of the Office of Inspector General,” “Name Indices System of the Office of Inspector General,” and “Autoinvestigation of the Office of Inspector General” consist in part of investigatory material compiled by the OIG for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or Federal contracts, the release of which would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence. Therefore, to the extent that information in these systems fall within the coverage of exemption (k)(5) of the Privacy Act, 5 U.S.C. 552a(k)(5), these systems of records are exempt from the requirements of subsection (d)(1), because release would reveal the identity of a source who furnished information to the Government under an express promise of confidentiality. Revealing the identity of a confidential source could impede future cooperation by sources, and could result in harassment or harm to such sources.</P> <CITA>[57 FR 62142, Dec. 29, 1992, as amended at 65 FR 50904, Aug. 21, 2000]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 2004</EAR> <HD SOURCE="HED">PART 2004—SUBPOENAS AND PRODUCTION IN RESPONSE TO SUBPOENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Requirements</HD> <SECHD>Sec.</SECHD> <SECTNO>2004.1</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <SECTNO>2004.2</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>2004.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Office of Inspector General Subpoenas</HD> <SECTNO>2004.10</SECTNO> <SUBJECT>Service of an Office of Inspector General subpoena.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Requests for Testimony and Production of Documents</HD> <SECTNO>2004.20</SECTNO> <SUBJECT>General prohibition.</SUBJECT> <SECTNO>2004.21</SECTNO> <SUBJECT>Factors OIG will consider.</SUBJECT> <SECTNO>2004.22</SECTNO> <SUBJECT>Filing requirements for demands or requests for documents or testimony.</SUBJECT> <SECTNO>2004.23</SECTNO> <SUBJECT>Service of subpoenas or requests.</SUBJECT> <SECTNO>2004.24</SECTNO> <SUBJECT>Processing demands or requests.</SUBJECT> <SECTNO>2004.25</SECTNO> <SUBJECT>Final determination.</SUBJECT> <SECTNO>2004.26</SECTNO> <SUBJECT>Restrictions that apply to testimony.</SUBJECT> <SECTNO>2004.27</SECTNO> <SUBJECT>Restrictions that apply to released records.</SUBJECT> <SECTNO>2004.28</SECTNO> <SUBJECT>Procedure in the event of an adverse ruling.</SUBJECT> <SECTNO>2004.29</SECTNO> <SUBJECT>Fees. </SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>Inspector General Act of 1978, as amended (5 U.S.C. app.) and 42 U.S.C. 3535(d).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>68 FR 3366, Jan. 23, 2003,unless otherwise noted.</P> </SOURCE> <SUBPART> <PRTPAGE P="99"/> <HD SOURCE="HED">Subpart A—General Requirements</HD> <SECTION> <SECTNO>§ 2004.1</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <P>(a) This part sets forth the policy for service of a subpoena issued by the Office of Inspector General (OIG), and policies and procedures that you must follow when you submit a demand or request to an employee of the OIG to produce official records and information, or provide testimony relating to official information, in connection with a legal proceeding. You must comply with these requirements when you request the release or disclosure of official records and information.</P> <P>(b) The OIG intends these provisions to:</P> <P>(1) Promote economy and efficiency in its programs and operations;</P> <P>(2) Minimize the possibility of involving OIG in controversial issues not related to OIG's functions;</P> <P>(3) Maintain OIG's impartiality among private litigants where OIG is not a named party; and</P> <P>(4) Protect sensitive, confidential information and the deliberative processes of OIG.</P> <P>(c) In providing for these requirements, OIG does not waive the sovereign immunity of the United States.</P> <P>(d) This part provides guidance for the internal operations of OIG. This part does not create any right or benefit, substantive or procedural, that a party may rely upon in any legal proceeding against the United States.</P> </SECTION> <SECTION> <SECTNO>§ 2004.2</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>This subpart applies to demands and requests to employees for factual or expert testimony relating to official information, or for production of official records or information, in legal proceedings in which HUD or OIG is not a named party. However, this subpart does not apply to:</P> <P>(a) Demands upon or requests for an OIG employee to testify as to facts or events that are unrelated to his or her official duties or that are unrelated to the functions of OIG;</P> <P>(b) Requests for the release of records under the Freedom of Information Act, 5 U.S.C. 552, or the Privacy Act, 5 U.S.C. 552a; and</P> <P>(c) Congressional demands and Congressional requests for testimony or records.</P> </SECTION> <SECTION> <SECTNO>§ 2004.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Counsel</E> means the Counsel to the Inspector General.</P> <P> <E T="03">Demand</E> means a subpoena, or an order or other command of a court or other competent authority, for the production, disclosure, or release of records or for the appearance and testimony of an OIG employee that is issued in a legal proceeding.</P> <P> <E T="03">Legal proceeding</E> means any matter before a court of law, administrative board or tribunal, commission, administrative law judge, hearing officer, or other body that conducts a legal or administrative proceeding. Legal proceeding includes all phases of litigation.</P> <P> <E T="03">OIG</E> means the Office of Inspector General, U.S. Department of Housing and Urban Development.</P> <P> <E T="03">OIG employee</E> or <E T="03">employee means:</E> </P> <P>(1) Any current or former officer or employee of OIG;</P> <P>(2) Any other individual hired through contractual agreement by or on behalf of OIG or who has performed or is performing services under such an agreement for OIG; and</P> <P>(3) Any individual who served or is serving in any consulting or advisory capacity to OIG, whether formal or informal.</P> <P> <E T="03">Records or official records or information means:</E> </P> <P>(1) All documents and materials that are OIG agency records under the Freedom of Information Act, 5 U.S.C. 552;</P> <P>(2) All other documents and materials contained in OIG files; and</P> <P>(3) All other information or materials acquired by an OIG employee in the performance of his or her official duties or because of his or her official status.</P> <P> <E T="03">Request</E> means any informal request, by whatever method, for the production of records and information or for testimony that has not been ordered by a court or other competent authority.</P> <P> <E T="03">Testimony</E> means any written or oral statements, including depositions, answers to interrogatories, affidavits, declarations, recorded interviews, and <PRTPAGE P="100"/>statements made by an individual in connection with a legal proceeding.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Office of Inspector General Subpoenas</HD> <SECTION> <SECTNO>§ 2004.10</SECTNO> <SUBJECT>Service of an Office of Inspector General subpoena.</SUBJECT> <P>Service of a subpoena issued by OIG may be accomplished as follows:</P> <P>(a) <E T="03">Personal service.</E> Service may be made by delivering the subpoena to the person to whom it is addressed. If the subpoena is addressed to a corporation or other business entity, it may be served upon an employee of the corporation or entity. Service made to an employee, agent, or legal representative of the addressee shall constitute service upon the addressee.</P> <P>(b) <E T="03">Service by mail.</E> Service may also be made by mailing the subpoena, certified mail—return receipt requested, to the addressee at his or her last known business or personal address.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Requests for Testimony and Production of Documents</HD> <SECTION> <SECTNO>§ 2004.20</SECTNO> <SUBJECT>General prohibition.</SUBJECT> <P>No employee may produce official records and information or provide any testimony relating to official information in response to a demand or request without the prior, written approval of the Inspector General or the Counsel.</P> </SECTION> <SECTION> <SECTNO>§ 2004.21</SECTNO> <SUBJECT>Factors OIG will consider.</SUBJECT> <P>The Counsel or Inspector General, in their discretion, may grant an employee permission to testify on matters relating to official information, or produce official records and information, in response to a demand or request. Among the relevant factors that the Inspector General or the Counsel may consider in making this decision are whether:</P> <P>(a) The purposes of this part are met;</P> <P>(b) OIG has an interest in the decision that may be rendered in the legal proceeding;</P> <P>(c) Allowing such testimony or production of records would assist or hinder OIG in performing its statutory duties or use OIG resources where responding to the request will interfere with the ability of OIG employees to do their work;</P> <P>(d) The records or testimony can be obtained from other sources;</P> <P>(e) The demand or request is unduly burdensome or otherwise inappropriate under the applicable rules of discovery or the rules of procedure governing the case or matter in which the demand or request arose;</P> <P>(f) Disclosure would violate or be inconsistent with a statute, Executive Order, or regulation;</P> <P>(g) Disclosure would reveal confidential or privileged information, trade secrets, or similar, confidential commercial, or financial information;</P> <P>(h) Disclosure would impede or interfere with an ongoing law enforcement investigation or proceedings, or compromise constitutional rights;</P> <P>(i) Disclosure would result in OIG appearing to favor one litigant over another;</P> <P>(j) Disclosure relates to documents that were produced by another agency;</P> <P>(k) The demand or request is in conformance with all other applicable rules;</P> <P>(l) The demand or request is sufficiently specific to be answered; and</P> <P>(m) For any other good cause.</P> </SECTION> <SECTION> <SECTNO>§ 2004.22</SECTNO> <SUBJECT>Filing requirements for demands or requests for documents or testimony.</SUBJECT> <P>You must comply with the following requirements whenever you issue demands or requests to an OIG employee for official records and information or testimony.</P> <P>(a) Your request must be in writing and must be submitted to the Counsel. If you serve a subpoena on OIG or on an OIG employee before submitting a written request and receiving a final determination from the Counsel, OIG will oppose the subpoena on grounds that your request was not submitted in accordance with this subpart.</P> <P>(b) Your written request must contain the following information:</P> <P>(1) The caption of the legal proceeding, docket number, and name and address of the court or other authority involved;<PRTPAGE P="101"/> </P> <P>(2) A copy of the complaint or equivalent document setting forth the assertions in the case and any other pleading or document sufficient to show relevance;</P> <P>(3) A list of categories of records sought, a detailed description of how the information sought is relevant to the issues in the legal proceeding, and a specific description of the substance of the testimony or records sought;</P> <P>(4) A statement as to how the need for the information outweighs the need to maintain any confidentiality of the information and outweighs the burden on OIG to produce the records or provide testimony;</P> <P>(5) A statement indicating that the information sought is not available from another source, from other persons or entities, or from the testimony of someone other than an OIG employee, such as a retained expert;</P> <P>(6) If testimony is requested, the intended use of the testimony, a general summary of the desired testimony, and a showing that no document could be provided and used in lieu of testimony;</P> <P>(7) A description of all prior decisions, orders, or pending motions in the case that bear upon the relevance of the requested records or testimony;</P> <P>(8) The name, address, and telephone number of counsel to each party in the case; and</P> <P>(9) An estimate of the amount of time that the requester and other parties will require with each OIG employee for time spent by the employee to prepare for testimony, in travel, and for attendance in the legal proceeding.</P> <P>(c) The OIG reserves the right to require additional information to complete your request where appropriate.</P> <P>(d) Your request should be submitted at least 30 days before the date that records or testimony are required. Requests submitted less than 30 days before records or testimony are required must be accompanied by a written explanation stating the reasons for the late request and the reasons for expedited processing.</P> <P>(e) Failure to cooperate in good faith to enable the Counsel to make an informed decision may serve as the basis for a determination not to comply with your request.</P> </SECTION> <SECTION> <SECTNO>§ 2004.23</SECTNO> <SUBJECT>Service of subpoenas or requests.</SUBJECT> <P>Subpoenas or requests for official records or information or testimony must be served on the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Housing and Urban Development, 451 Seventh Street, SW, Room 8260, Washington, DC 20410-4500.</P> </SECTION> <SECTION> <SECTNO>§ 2004.24</SECTNO> <SUBJECT>Processing demands or requests.</SUBJECT> <P>(a) After service of a demand or request to testify, the Counsel will review the demand or request and, in accordance with the provisions of this subpart, determine whether, or under what conditions, to authorize the employee to testify on matters relating to official information and/or to produce official records and information.</P> <P>(b) The OIG will process requests in the order in which they are received. Absent exigent or unusual circumstances, OIG will respond within 30 days from the date that we receive all information necessary to the evaluation of the demand or request. The time for response will depend upon the scope of the request.</P> <P>(c) The Counsel may grant a waiver of any procedure described in this subpart where a waiver is considered necessary to promote a significant interest of OIG, HUD, and the United States, or for other good cause.</P> </SECTION> <SECTION> <SECTNO>§ 2004.25</SECTNO> <SUBJECT>Final determination.</SUBJECT> <P>The Counsel makes the final determination on demands and requests to employees for production of official records and information or testimony. All final determinations are within the sole discretion of the Counsel. The Counsel will notify the requester of the final determination, the reasons for the grant or denial of the demand or request, and any conditions that the Counsel may impose on the release of records or information, or on the testimony of an OIG employee.</P> </SECTION> <SECTION> <SECTNO>§ 2004.26</SECTNO> <SUBJECT>Restrictions that apply to testimony.</SUBJECT> <P>(a) The Counsel may impose conditions or restrictions on the testimony of OIG employees including, for example, limiting the areas of testimony or <PRTPAGE P="102"/>requiring the requester and other parties to the legal proceeding to agree that the transcript of the testimony will be kept under seal or will only be used or made available in the particular legal proceeding for which testimony was requested. The Counsel may also require a copy of the transcript of testimony at the requester's expense.</P> <P>(b) The OIG may offer the employee's written declaration in lieu of testimony.</P> <P>(c) If authorized to testify pursuant to this part, an employee may testify as to facts within his or her personal knowledge, but, unless specifically authorized to do so by the Counsel, the employee shall not:</P> <P>(1) Disclose confidential or privileged information;</P> <P>(2) Testify as to facts when the Counsel determines such testimony would not be in the best interest of OIG, HUD and the United States; or</P> <P>(3) Testify as an expert or opinion witness with regard to any matter arising out of the employee's official duties or the functions of OIG. This provision does not apply to requests from the United States for expert or opinion testimony.</P> </SECTION> <SECTION> <SECTNO>§ 2004.27</SECTNO> <SUBJECT>Restrictions that apply to released records.</SUBJECT> <P>(a) The Counsel may impose conditions or restrictions on the release of official records and information, including the requirement that parties to the proceeding obtain a protective order or execute a confidentiality agreement to limit access and any further disclosure. The terms of the protective order or of a confidentiality agreement must be acceptable to the Counsel. In cases where protective orders or confidentiality agreements have already been executed, OIG may condition the release of official records and information on an amendment to the existing protective order or confidentiality agreement.</P> <P>(b) If the Counsel so determines, original OIG records may be presented for examination in response to a demand or request, but they are not to be presented as evidence or otherwise used in a manner by which they could lose their identity as official OIG records, nor are they to be marked or altered. In lieu of the original records, certified copies will be presented for evidentiary purposes.</P> </SECTION> <SECTION> <SECTNO>§ 2004.28</SECTNO> <SUBJECT>Procedure in the event of an adverse ruling.</SUBJECT> <P>If the Counsel declines to approve a demand for records or testimony and the court or other authority rules that the demand must be complied with irrespective of the instructions from the OIG not to produce the material or disclose the information sought, the employee or former employee upon whom the demand has been made shall respectfully decline to comply with the demand, citing <E T="03">United States ex rel. Touhy</E> v. <E T="03">Ragen,</E> 340 U.S. 462.</P> </SECTION> <SECTION> <SECTNO>§ 2004.29</SECTNO> <SUBJECT>Fees.</SUBJECT> <P>(a) <E T="03">Generally.</E> The Counsel may condition the production of records or appearance for testimony upon advance payment of a reasonable estimate of the costs to OIG.</P> <P>(b) <E T="03">Fees for records.</E> Fees for producing records will include fees for searching, reviewing, and duplicating records, costs of attorney time spent in reviewing the demand or request, and expenses generated by materials and equipment used to search for, produce, and copy the responsive information. Costs for employee time will be calculated on the basis of the hourly pay of the employee (including all pay, allowance, and benefits). Fees for duplication will be the same as those charged by OIG in its Freedom of Information Act Regulations at 24 CFR part 2002.</P> <P>(c) <E T="03">Witness fees.</E> Fees for attendance by a witness will include fees, expenses, and allowances prescribed by the court's rules. If no such fees are prescribed, witness fees will be determined based upon the rule of the federal district court closest to the location where the witness will appear. Such fees will include cost of time spent by the witness to prepare for testimony, in travel, and for attendance in the legal proceeding.</P> <P>(d) <E T="03">Payment of fees.</E> You must pay any applicable witness fees for current OIG <PRTPAGE P="103"/>employees and any records certification fees by submitting to the Counsel a check or money order for the appropriate amount made payable to the Treasury of the United States. In the case of testimony by former OIG employees, you must pay applicable fees directly to the former employee in accordance with applicable statutes.</P> <P>(e) <E T="03">Waiver or reduction of fees.</E> The Counsel, in his or her sole discretion, may, upon a showing of reasonable cause, waive or reduce any fees in connection with the testimony or production of records. Additionally, fees will not be assessed if the total charge would be $10.00 or less.</P> </SECTION> </SUBPART> </PART> </CHAPTER> <CHAPTER> <LRH>24 CFR Ch. XX (4-1-03 Edition)</LRH> <RRH>Office of Asst. Sec. for Housing, HUD</RRH> <TOC> <TOCHD> <PRTPAGE P="105"/> <HD SOURCE="HED">CHAPTER XX—OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</HD> </TOCHD> <PTHD>Part</PTHD> <PGHD>Page</PGHD> <CHAPTI> <PT>3280</PT> <SUBJECT>Manufactured home construction and safety standards</SUBJECT> <PG>107</PG> <PT>3282</PT> <SUBJECT>Manufactured home procedural and enforcement regulations</SUBJECT> <PG>198</PG> <PT>3284</PT> <SUBJECT>Manufactured housing program fee</SUBJECT> <PG>249</PG> <PT>3500</PT> <SUBJECT>Real Estate Settlement Procedures Act</SUBJECT> <PG>249</PG> <PT>3800</PT> <SUBJECT>Investigations in consumer regulatory programs</SUBJECT> <PG>308</PG> </CHAPTI> </TOC> <PART> <PRTPAGE P="107"/> <EAR>Pt. 3280</EAR> <HD SOURCE="HED">PART 3280—MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>3280.1</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>3280.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>3280.3</SECTNO> <SUBJECT>Manufactured home procedural and enforcement regulations and consumer manual requirements.</SUBJECT> <SECTNO>3280.4</SECTNO> <SUBJECT>Incorporation by reference.</SUBJECT> <SECTNO>3280.5</SECTNO> <SUBJECT>Data plate.</SUBJECT> <SECTNO>3280.6</SECTNO> <SUBJECT>Serial number.</SUBJECT> <SECTNO>3280.7</SECTNO> <SUBJECT>Excluded structures.</SUBJECT> <SECTNO>3280.8</SECTNO> <SUBJECT>Waivers.</SUBJECT> <SECTNO>3280.9</SECTNO> <SUBJECT>Interpretative bulletins.</SUBJECT> <SECTNO>3280.10</SECTNO> <SUBJECT>Use of alternative construction.</SUBJECT> <SECTNO>3280.11</SECTNO> <SUBJECT>Certification label.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Planning Considerations</HD> <SECTNO>3280.101</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>3280.102</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>3280.103</SECTNO> <SUBJECT>Light and ventilation.</SUBJECT> <SECTNO>3280.104</SECTNO> <SUBJECT>Ceiling heights.</SUBJECT> <SECTNO>3280.105</SECTNO> <SUBJECT>Exit facilities; exterior doors.</SUBJECT> <SECTNO>3280.106</SECTNO> <SUBJECT>Exit facilities; egress windows and devices.</SUBJECT> <SECTNO>3280.107</SECTNO> <SUBJECT>Interior privacy.</SUBJECT> <SECTNO>3280.108</SECTNO> <SUBJECT>Interior passage.</SUBJECT> <SECTNO>3280.109</SECTNO> <SUBJECT>Room requirements.</SUBJECT> <SECTNO>3280.110</SECTNO> <SUBJECT>Minimum room dimensions.</SUBJECT> <SECTNO>3280.111</SECTNO> <SUBJECT>Toilet compartments.</SUBJECT> <SECTNO>3280.112</SECTNO> <SUBJECT>Hallways.</SUBJECT> <SECTNO>3280.113</SECTNO> <SUBJECT>Glass and glazed openings.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Fire Safety</HD> <SECTNO>3280.201</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>3280.202</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>3280.203</SECTNO> <SUBJECT>Flame spread limitations and fire protection requirements.</SUBJECT> <SECTNO>3280.204</SECTNO> <SUBJECT>Kitchen cabinet protection.</SUBJECT> <SECTNO>3280.205</SECTNO> <SUBJECT>Carpeting.</SUBJECT> <SECTNO>3280.206</SECTNO> <SUBJECT>Firestopping.</SUBJECT> <SECTNO>3280.207</SECTNO> <SUBJECT>Requirements for foam plastic thermal insulating materials.</SUBJECT> <SECTNO>3280.208</SECTNO> <SUBJECT>Smoke alarm requirements.</SUBJECT> <SECTNO>3280.209</SECTNO> <SUBJECT>Fire testing.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Body and Frame Construction Requirements</HD> <SECTNO>3280.301</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>3280.302</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>3280.303</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>3280.304</SECTNO> <SUBJECT>Materials.</SUBJECT> <SECTNO>3280.305</SECTNO> <SUBJECT>Structural design requirements.</SUBJECT> <SECTNO>3280.306</SECTNO> <SUBJECT>Windstorm protection.</SUBJECT> <SECTNO>3280.307</SECTNO> <SUBJECT>Resistance to elements and use.</SUBJECT> <SECTNO>3280.308</SECTNO> <SUBJECT>Formaldehyde emission controls for certain wood products.</SUBJECT> <SECTNO>3280.309</SECTNO> <SUBJECT>Health Notice on formaldehyde emissions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Testing</HD> <SECTNO>3280.401</SECTNO> <SUBJECT>Structural load tests.</SUBJECT> <SECTNO>3280.402</SECTNO> <SUBJECT>Test procedure for roof trusses.</SUBJECT> <SECTNO>3280.403</SECTNO> <SUBJECT>Standard for windows and sliding glass doors used in manufactured homes.</SUBJECT> <SECTNO>3280.404</SECTNO> <SUBJECT>Standard for egress windows and devices for use in manufactured homes.</SUBJECT> <SECTNO>3280.405</SECTNO> <SUBJECT>Standard for swinging exterior passage doors for use in manufactured homes.</SUBJECT> <SECTNO>3280.406</SECTNO> <SUBJECT>Air chamber test method for certification and qualification of formaldehyde emission levels.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Thermal Protection</HD> <SECTNO>3280.501</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>3280.502</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>3280.503</SECTNO> <SUBJECT>Materials.</SUBJECT> <SECTNO>3280.504</SECTNO> <SUBJECT>Condensation control and installation of vapor retarders.</SUBJECT> <SECTNO>3280.505</SECTNO> <SUBJECT>Air infiltration.</SUBJECT> <SECTNO>3280.506</SECTNO> <SUBJECT>Heat loss/heat gain.</SUBJECT> <SECTNO>3280.507</SECTNO> <SUBJECT>Comfort heat gain.</SUBJECT> <SECTNO>3280.508</SECTNO> <SUBJECT>Heat loss, heat gain and cooling load calculations.</SUBJECT> <SECTNO>3280.509</SECTNO> <SUBJECT>Criteria in absence of specific data.</SUBJECT> <SECTNO>3280.510</SECTNO> <SUBJECT>Heat loss certificate.</SUBJECT> <SECTNO>3280.511</SECTNO> <SUBJECT>Comfort cooling certificate and information.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Plumbing Systems</HD> <SECTNO>3280.601</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>3280.602</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>3280.603</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>3280.604</SECTNO> <SUBJECT>Materials.</SUBJECT> <SECTNO>3280.605</SECTNO> <SUBJECT>Joints and connections.</SUBJECT> <SECTNO>3280.606</SECTNO> <SUBJECT>Traps and cleanouts.</SUBJECT> <SECTNO>3280.607</SECTNO> <SUBJECT>Plumbing fixtures.</SUBJECT> <SECTNO>3280.608</SECTNO> <SUBJECT>Hangers and supports.</SUBJECT> <SECTNO>3280.609</SECTNO> <SUBJECT>Water distribution systems.</SUBJECT> <SECTNO>3280.610</SECTNO> <SUBJECT>Drainage systems.</SUBJECT> <SECTNO>3280.611</SECTNO> <SUBJECT>Vents and venting.</SUBJECT> <SECTNO>3280.612</SECTNO> <SUBJECT>Tests and inspection.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Heating, Cooling and Fuel Burning Systems</HD> <SECTNO>3280.701</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>3280.702</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>3280.703</SECTNO> <SUBJECT>Minimum standards.</SUBJECT> <SECTNO>3280.704</SECTNO> <SUBJECT>Fuel supply systems.</SUBJECT> <SECTNO>3280.705</SECTNO> <SUBJECT>Gas piping systems.</SUBJECT> <SECTNO>3280.706</SECTNO> <SUBJECT>Oil piping systems.</SUBJECT> <SECTNO>3280.707</SECTNO> <SUBJECT>Heat producing appliances.</SUBJECT> <SECTNO>3280.708</SECTNO> <SUBJECT>Exhaust duct system and provisions for the future installation of a clothes dryer.</SUBJECT> <SECTNO>3280.709</SECTNO> <SUBJECT>Installation of appliances.</SUBJECT> <SECTNO>3280.710</SECTNO> <SUBJECT>Venting, ventilation and combustion air.</SUBJECT> <SECTNO>3280.711</SECTNO> <SUBJECT>Instructions.</SUBJECT> <SECTNO>3280.712</SECTNO> <SUBJECT>Marking.</SUBJECT> <SECTNO>3280.713</SECTNO> <SUBJECT>Accessibility.</SUBJECT> <SECTNO>3280.714</SECTNO> <SUBJECT>Appliances, cooling.</SUBJECT> <SECTNO>3280.715</SECTNO> <SUBJECT>Circulating air systems.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="108"/> <HD SOURCE="HED">Subpart I—Electrical Systems</HD> <SECTNO>3280.801</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>3280.802</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>3280.803</SECTNO> <SUBJECT>Power supply.</SUBJECT> <SECTNO>3280.804</SECTNO> <SUBJECT>Disconnecting means and branch-circuit protective equipment.</SUBJECT> <SECTNO>3280.805</SECTNO> <SUBJECT>Branch circuits required.</SUBJECT> <SECTNO>3280.806</SECTNO> <SUBJECT>Receptacle outlets.</SUBJECT> <SECTNO>3280.807</SECTNO> <SUBJECT>Fixtures and appliances.</SUBJECT> <SECTNO>3280.808</SECTNO> <SUBJECT>Wiring methods and materials.</SUBJECT> <SECTNO>3280.809</SECTNO> <SUBJECT>Grounding.</SUBJECT> <SECTNO>3280.810</SECTNO> <SUBJECT>Electrical testing.</SUBJECT> <SECTNO>3280.811</SECTNO> <SUBJECT>Calculations.</SUBJECT> <SECTNO>3280.812</SECTNO> <SUBJECT>Wiring of expandable units and dual units.</SUBJECT> <SECTNO>3280.813</SECTNO> <SUBJECT>Outdoor outlets, fixtures, air conditioning equipment, etc.</SUBJECT> <SECTNO>3280.814</SECTNO> <SUBJECT>Painting of wiring.</SUBJECT> <SECTNO>3280.815</SECTNO> <SUBJECT>Polarization.</SUBJECT> <SECTNO>3280.816</SECTNO> <SUBJECT>Examination of equipment for safety.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Transportation</HD> <SECTNO>3280.901</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>3280.902</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>3280.903</SECTNO> <SUBJECT>General requirements for designing the structure to withstand transportation shock and vibration.</SUBJECT> <SECTNO>3280.904</SECTNO> <SUBJECT>Specific requirements for designing the transportation system.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>42 U.S.C. 3535(d), 5403, and 5424.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>40 FR 58752, Dec. 18, 1975, unless otherwise noted. Redesignated at 44 FR 20679, Apr. 6, 1979.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 3280.1</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This standard covers all equipment and installations in the design, construction, transportation, fire safety, plumbing, heat-producing and electrical systems of manufactured homes which are designed to be used as dwelling units. This standard seeks to the maximum extent possible to establish performance requirements. In certain instances, however, the use of specific requirements is necessary.</P> <CITA>[58 FR 55002, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Definitions in this subpart are those common to all subparts of the standard and are in addition to the definitions provided in individual parts. The definitions are as follows:</P> <P> <E T="03">Approved,</E> when used in connection with any material, appliance or construction, means complying with the requirements of the Department of Housing and Urban Development.</P> <P> <E T="03">Bay window</E>—a window assembly whose maximum horizontal projection is not more than two feet from the plane of an exterior wall and is elevated above the floor level of the home.</P> <P> <E T="03">Certification label</E> means the approved form of certification by the manufacturer that, under § 3280.8, is permanently affixed to each transportable section of each manufactured home manufactured for sale in the United States.</P> <P> <E T="03">Dwelling unit</E> means one or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking and eating.</P> <P> <E T="03">Equipment</E> includes materials, appliances, devices, fixtures, fittings or accessories both in the construction of, and in the fire safety, plumbing, heat-producing and electrical systems of manufactured homes.</P> <P> <E T="03">Federal manufactured home construction and safety standard</E> means a reasonable standard for the construction, design, and performance of a manufactured home which meets the needs of the public including the need for quality, durability, and safety.</P> <P> <E T="03">Installations</E> means all arrangements and methods of construction, as well as fire safety, plumbing, heat-producing and electrical systems used in manufactured homes.</P> <P> <E T="03">Labeled</E> means a label, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection of production of labeled equipment or materials, and by whose labeling is indicated compliance with nationally recognized standards or tests to determine suitable usage in a specified manner.</P> <P> <E T="03">Length of a manufactured home</E> means its largest overall length in the traveling mode, including cabinets and other projections which contain interior space. Length does not include bay windows, roof projections, overhangs, or eaves under which there is no interior space, nor does it include drawbars, couplings or hitches.<PRTPAGE P="109"/> </P> <P> <E T="03">Listed or certified</E> means included in a list published by a nationally recognized testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or material meets nationally recognized standards or has been tested and found suitable for use in a specified manner.</P> <P> <E T="03">Manufacturer</E> means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale.</P> <P> <E T="03">Manufactured home</E> means 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 three hundred twenty 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. This term includes all structures which meet the above requirements except the size requirements and with respect to which the manufacturer voluntarily files a certification pursuant to § 3282.13 and complies with the standards set forth in part 3280. Nothing in this subsection should be interpreted to mean that a <E T="03">manufactured home</E> necessarily meets the requirements of HUD's Minimum Property Standards (HUD Handbook 4900.1) or that it is automatically eligible for financing under 12 U.S.C. 1709(b).</P> <P> <E T="03">Manufactured home construction</E> means all activities relating to the assembly and manufacture of a manufactured home including, but not limited to, those relating to durability, quality and safety.</P> <P> <E T="03">Manufactured home safety</E> means the performance of a manufactured home in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design or construction of such manufactured home, or any unreasonable risk of death or injury to the user or to the public if such accidents do occur.</P> <P> <E T="03">Registered Engineer or Architect</E> means a person licensed to practice engineering or architecture in a state and subject to all laws and limitations imposed by the state's Board of Engineering and Architecture Examiners and who is engaged in the professional practice of rendering service or creative work requiring education, training and experience in engineering sciences and the application of special knowledge of the mathematical, physical and engineering sciences in such professional or creative work as consultation, investigation, evaluation, planning or design and supervision of construction for the purpose of securing compliance with specifications and design for any such work.</P> <P> <E T="03">Secretary</E> means the Secretary of Housing and Urban Development, or an official of the Department delegated the authority of the Secretary with respect to title VI of Pub. L. 93-383.</P> <P> <E T="03">State</E> includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.</P> <P> <E T="03">Width of a manufactured home</E> means its largest overall width in the traveling mode, including cabinets and other projections which contain interior space. Width does not include bay windows, roof projections, overhangs, or eaves under which there is no interior space.</P> <CITA>[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 960, Jan. 4, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 47 FR 28092, June 29, 1982; 58 FR 55002, Oct. 25, 1993; 61 FR 5216, Feb. 9, 1996]</CITA> </SECTION> <SECTION> <PRTPAGE P="110"/> <SECTNO>§ 3280.3</SECTNO> <SUBJECT>Manufactured home procedural and enforcement regulations and consumer manual requirements.</SUBJECT> <P>A manufacturer must comply with the requirements of this part 3280, part 3282 of this chapter, and 42 U.S.C. 5416.</P> <CITA>[61 FR 18250, Apr. 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.4</SECTNO> <SUBJECT>Incorporation by reference.</SUBJECT> <P>(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. 552(a) and 1 CFR part 51 as though set forth in full. The incorporation by reference of these standards has been approved by the Director of the Federal Register. Reference standards have the same force and effect as this Standard (24 CFR part 3280) except that whenever reference standards and this Standard are inconsistent, the requirements of this Standard prevail to the extent of the inconsistency.</P> <P>(b) The abbreviations and addresses of organizations issuing the referenced standards appear below. Reference standards which are not available from their producer organizations may be obtained from the Office of Manufactured Housing and Regulatory Functions, Manufactured Housing and Construction Standards Division, U.S. Department of Housing and Urban Development, 451 Seventh Street, SW., room B-133, Washington, DC 20410. </P> <EXTRACT> <FP SOURCE="FP-1">AA—Aluminum Association, 900 19th Street NW., suite 300, Washington, DC 20006.</FP> <FP SOURCE="FP-1">AAMA—American Architectural Manufacturers Association, 1540 East Dundee Road, Palatine, Illinois 60067</FP> <FP SOURCE="FP-1">AFPA [previously (N)FPA]—American Forest and Paper Association, 1250 Connecticut Avenue, NW., Washington, DC 20036 [previously named (N)FPA-National Forest Products Association]</FP> <FP SOURCE="FP-1">AGA—American Gas Association, 8501 East Pleasant Valley Road, Cleveland, Ohio 44131</FP> <FP SOURCE="FP-1">AISC—American Institute of Steel Construction, One East Wacker Drive, Chicago, IL 60601</FP> <FP SOURCE="FP-1">AISI—American Iron and Steel Institute, 1101 17th Street, NW., Washington, DC 20036</FP> <FP SOURCE="FP-1">AITC—American Institute of Timber Construction, 11818 SE Mill Plain Blvd., suite 415, Vancouver, Washington 98684</FP> <FP SOURCE="FP-1">ANSI—American National Standards Institute, 1430 Broadway, New York, New York 10018</FP> <FP SOURCE="FP-1">APA—American Plywood Association, P.O. Box 11700, Tacoma, Washington 98411</FP> <FP SOURCE="FP-1">ARI—Air Conditioning and Refrigeration Institute, 1501 Wilson Blvd., 6th Floor, Arlington, VA 22209-2403</FP> <FP SOURCE="FP-1">ASCE—American Society of Civil Engineers, 345 East 47th Street, New York, New York 10017-2398</FP> <FP SOURCE="FP-1">ASHRAE—American Society of Heating, Refrigeration and Air Conditioning Engineers, 1791 Tulle Circle, NE., Atlanta, Georgia 30329</FP> <FP SOURCE="FP-1">ASME—American Society of Mechanical Engineers, 345 East 47th Street, New York, New York 10017</FP> <FP SOURCE="FP-1">ASSE—American Society of Sanitary Engineering, P.O. Box 40362, Bay Village, Ohio 44140</FP> <FP SOURCE="FP-1">ASTM—American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103</FP> <FP SOURCE="FP-1">CISPI—Cast Iron Soil Pipe Institute, 5959 Shallowford Road, suite 419, Chattanooga, TN 37421</FP> <FP SOURCE="FP-1">DOC—U.S. Department of Commerce, National Institute of Standards and Technology, Office of Engineering Standards, room A-166, Technical Building, Washington, DC 20234</FP> <FP SOURCE="FP-1">FS—Federal Specifications, General Services Administration, Specifications Branch, room 6039, GSA Building, 7th and D Streets, SW., Washington, DC 20407</FP> <FP SOURCE="FP-1">HPVA (previously HPMA)—Hardwood Plywood and Veneer Association, P.O. Box 2789, Reston, VA 22090 (previously named HPMA Hardwood Plywood Manufacturers Association)</FP> <FP SOURCE="FP-1">HUD-FHA—Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410</FP> <FP SOURCE="FP-1">HUD—USER Department of Housing and Urban Development, HUD User, P.O. Box 280, Germantown, MD 20874</FP> <FP SOURCE="FP-1">IAPMO—International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, CA 91784-2825</FP> <FP SOURCE="FP-1">IITRI—IIT Research Institute, 10 West 35th Street, Chicago, IL 60616</FP> <FP SOURCE="FP-1">MIL—Military Specifications and Standards, Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pennsylvania 19120</FP> <FP SOURCE="FP-1">NFPA—National Fire Protection Association, Batterymarch Park, Quincy, MA 02269</FP> <FP SOURCE="FP-1">NPA—National Particleboard Association, 18928 Premiere Court, Gaithersburg, MD 20879</FP> <FP SOURCE="FP-1">NSF—National Sanitation Foundation, P.O. Box 1468, Ann Arbor, MI 48105</FP> <FP SOURCE="FP-1">NWWDA—National Wood Window and Door Association, 1400 E. Toughy Avenue, suite G-54, Des Plaines, IL 60018</FP> <FP SOURCE="FP-1">SAE—Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096<PRTPAGE P="111"/> </FP> <FP SOURCE="FP-1">SJI—Steel Joist Institute, 1205 48th Avenue North, suite A, Myrtle Beach, SC 29577</FP> <FP SOURCE="FP-1">TPI—Truss Plate Institute, 583 D'Onofrio Drive, suite 200, Madison, Wisconsin 53719</FP> <FP SOURCE="FP-1">UL—Underwriters' Laboratories, Inc., 333 Pfingsten Road, Northbrook, Illinois 60062</FP> </EXTRACT> <P>(c) The Department will enforce the listed editions of material incorporated by reference into this standard. If a later edition is to be enforced, the Department will publish a notice of change in the <E T="04">Federal Register.</E> </P> <CITA>[47 FR 49385, Nov. 1, 1982, as amended at 52 FR 47553, Dec. 15, 1987; 58 FR 55002, Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.5</SECTNO> <SUBJECT>Data plate.</SUBJECT> <P>Each manufactured home shall bear a data plate affixed in a permanent manner near the main electrical panel or other readily accessible and visible location. Each data plate shall be made of material what will receive typed information as well as preprinted information, and which can be cleaned of ordinary smudges or household dirt without removing information contained on the data plate; or the data plate shall be covered in a permanent manner with materials that will make it possible to clean the data plate of ordinary dirt and smudges without obscuring the information. Each data plate shall contain not less than the following information:</P> <P>(a) The name and address of the manufacturing plant in which the manufactured home was manufactured.</P> <P>(b) The serial number and model designation of the unit, and the date the unit was manufactured.</P> <P>(c) The statement: </P> <EXTRACT> <P>This manufactured home is designed to comply with the Federal Manufactured Home Construction and Safety Standards in force at the time of manufacture.</P> </EXTRACT> <P>(d) A list of the certification label(s) number(s) that are affixed to each transportable manufactured section under § 3280.8.</P> <P>(e) A list of major factory-installed equipment, including the manufacturer's name and the model designation of each appliance.</P> <P>(f) Reference to the roof load zone and wind load zone for which the home is designed and duplicates of the maps as set forth in § 3280.305(c). This information may be combined with the heating/cooling certificate and insulation zone map required by §§ 3280.510 and 3280.511. The Wind Zone Map on the Data Plate shall also contain the statement: </P> <EXTRACT> <P>This home has not been designed for the higher wind pressures and anchoring provisions required for ocean/coastal areas and should not be located within 1500′ of the coastline in Wind Zones II and III, unless the home and its anchoring and foundation system have been designed for the increased requirements specified for Exposure D in ANSI/ASCE 7-88.</P> </EXTRACT> <P>(g) The statement: </P> <EXTRACT> <P>This home has—has not—(appropriate blank to be checked by manufacturer) been equipped with storm shutters or other protective coverings for windows and exterior door openings. For homes designed to be located in Wind Zones II and III, which have not been provided with shutters or equivalent covering devices, it is strongly recommended that the home be made ready to be equipped with these devices in accordance with the method recommended in the manufacturers printed instructions.</P> </EXTRACT> <P>(h) The statement: “Design Approval by”, followed by the name of the agency that approved the design.</P> <CITA>[59 FR 2469, Jan. 14, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.6</SECTNO> <SUBJECT>Serial number.</SUBJECT> <P>(a) A manufactured home serial number which will identify the manufacturer and the state in which the manufactured home is manufactured, must be stamped into the foremost cross member. Letters and numbers must be <FR>3/8</FR> inch minimum in height. Numbers must not be stamped into hitch assembly or drawbar.</P> </SECTION> <SECTION> <SECTNO>§ 3280.7</SECTNO> <SUBJECT>Excluded structures.</SUBJECT> <P>Certain structures may be excluded from these Standards as modular homes under 24 CFR 3282.12.</P> <CITA>[52 FR 4581, Feb. 12, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.8</SECTNO> <SUBJECT>Waivers.</SUBJECT> <P>(a) Where any material piece of equipment, or system which does not meet precise requirements or specifications set out in the standard is shown, to the satisfaction of the Secretary, to meet an equivalent level of performance, the Secretary may waive the specifications set out in the Standard <PRTPAGE P="112"/>for that material, piece of equipment, or system.</P> <P>(b) Where the Secretary is considering issuing a waiver to a Standard, the proposed waiver shall be published in the <E T="04">Federal Register</E> for public comment, unless the Secretary, for good cause, finds that notice is impractical, unnecessary or contrary to the public interest, and incorporates into the waiver that finding and a brief statement of the reasons therefor.</P> <P>(c) Each proposed and final waiver shall include:</P> <P>(1) A statement of the nature of the waiver; and</P> <P>(2) Identification of the particular standard affected.</P> <P>(d) All waivers shall be published in the <E T="04">Federal Register</E> and shall state their effective date. Where a waiver has been issued, the requirements of the Federal Standard to which the waiver relates may be met either by meeting the specifications set out in the Standard or by meeting the requirements of the waiver published in the <E T="04">Federal Register</E>.</P> <CITA>[58 FR 55003, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.9</SECTNO> <SUBJECT>Interpretative bulletins.</SUBJECT> <P>Interpretative bulletins may be issued for the following purposes:</P> <P>(a) To clarify the meaning of the Standard; and</P> <P>(b) To assist in the enforcement of the Standard.</P> <CITA>[58 FR 55003, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.10</SECTNO> <SUBJECT>Use of alternative construction.</SUBJECT> <P>Requests for alternative construction can be made pursuant to 24 CFR 3282.14 of this chapter.</P> <CITA>[58 FR 55003, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.11</SECTNO> <SUBJECT>Certification label.</SUBJECT> <P>(a) A permanent label shall be affixed to each transportable section of each manufactured home for sale or lease in the United States. This label shall be separate and distinct from the data plate which the manufacturer is required to provide under § 3280.5 of the standards.</P> <P>(b) The label shall be approximately 2 in. by 4 in. in size and shall be permanently attached to the manufactured home by means of 4 blind rivets, drive screws, or other means that render it difficult to remove without defacing it. It shall be etched on 0.32 in. thick aluminum plate. The label number shall be etched or stamped with a 3 letter designation which identifies the production inspection primary inspection agency and which the Secretary shall assign. Each label shall be marked with a 6 digit number which the label supplier shall furnish. The labels shall be stamped with numbers sequentially.</P> <P>(c) The label shall read as follows: </P> <EXTRACT> <P>As evidenced by this label No. ABC 000001, the manufacturer certifies to the best of the manufacturer's knowledge and belief that this manufactured home has been inspected in accordance with the requirements of the Department of Housing and Urban Development and is constructed in conformance with the Federal manufactured home construction and safety standards in effect on the date of manufacture. See date plate.</P> </EXTRACT> <P>(d) The label shall be located at the tail-light end of each transportable section of the manufactured home approximately one foot up from the floor and one foot in from the road side, or as near that location on a permanent part of the exterior of the manufactured home unit as practicable. The road side is the right side of the manufactured home when one views the manufactured home from the tow bar end of the manufactured home.</P> <CITA>[42 FR 960, Jan. 4, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 47553, Dec. 15, 1987. Redesignated and amended at 58 FR 55003, Oct. 25, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Planning Considerations</HD> <SECTION> <SECTNO>§ 3280.101</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>Subpart B states the planning requirements in manufactured homes. The intent of this subpart is to assure the adequacy of architectural planning considerations which assist in determining a safe and healthful environment.</P> </SECTION> <SECTION> <SECTNO>§ 3280.102</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Gross floor area</E> means all space, wall to wall, including recessed entries not to exceed 5 sq. ft. and areas under built-in vanities and similar furniture. Where the ceiling height is less than <PRTPAGE P="113"/>that specified in § 3280.104, the floor area under such ceilings shall not be included. Floor area of closets shall not be included in the gross floor area.</P> <P>(b) <E T="03">Habitable room</E> means a room or enclosed floor space arranged for living, eating, food preparation, or sleeping purposes not including bathrooms, foyers, hallways, and other accessory floor space.</P> <P>(c) <E T="03">Laundry area</E> means an area containing or designed to contain a laundry tray, clothes washer and/or clothes dryer.</P> </SECTION> <SECTION> <SECTNO>§ 3280.103</SECTNO> <SUBJECT>Light and ventilation.</SUBJECT> <P>(a) <E T="03">Lighting.</E> Each habitable room shall be provided with exterior windows and/or doors having a total glazed area of not less than 8 percent of the gross floor area.</P> <P>(1) Kitchens, bathrooms, toilet compartments, laundry areas, and utility rooms may be provided with artificial light in place of windows.</P> <P>(2) Rooms and areas may be combined for the purpose of providing the required natural lighting provided that at least one half of the common wall area is open and unobstructed, and the open area is at least equal to 10 percent of the combined floor area or 25 square feet whichever is greater.</P> <P>(b) <E T="03">Whole house ventilation.</E> Each manufactured home shall be capable of providing a minimum of 0.35 air changes per hour continuously or at an equivalent hourly average rate. The following criteria shall be adhered to.</P> <P>(1) Natural infiltration and exfiltration shall be considered as providing 0.25 air changes per hour.</P> <P>(2) The remaining ventilation capacity of 0.10 air change per hour or its hourly average equivalent shall be calculated using 0.035 cubic feet per minute per square foot of interior floor space. This ventilation capacity shall be in addition to any openable window area.</P> <P>(3) The remaining ventilation capacity may be provided by: a mechanical system, or a passive system, or a combination passive and mechanical system. The ventilation system or provisions shall not create a positive pressure in Uo value Zones 2 and 3 or a negative pressure condition in Uo value Zone 1. Mechanical systems shall be balanced. Combination passive and mechanical systems shall have adequately sized inlets or exhaust to release any unbalanced pressure. Passive systems shall have inlets and exhaust of sufficient size to alleviate unbalance pressure conditions under normal conditions. Temporary imbalances due to gusting or high winds are permitted.</P> <P>(4) The ventilation system or provision shall exchange air directly with the exterior of the home, except it shall not draw or expel air with the space underneath the home. The ventilation system or provision shall not draw or expel air into the floor, wall, or ceiling/roof systems even if those systems are vented.</P> <P>(5) The ventilation system or a portion thereof may be integral with the homes heating or cooling system. The system shall be capable of operating independently of the heating or cooling modes. A ventilation system that is integral with the heating or cooling system shall be listed as part of the heating and cooling system or listed as suitable for use therewith.</P> <P>(6) A mechanical ventilation system, or mechanical portion thereof, shall be provided with a manual control and may be provided with automatic timers or humidistats.</P> <P>(7) Substantiation of the ventilation capacity to provide 0.10 ACH shall be provided for a mechanical system, or a passive system, or a combination passive and mechanical system.</P> <P>(c) <E T="03">Additional ventilation.</E> (1) At least half of the minimum required glazed area in paragraph (a) of this section shall be openable directly to the outside of the manufactured home for unobstructed ventilation. These same ventilation requirements apply to rooms combined in accordance with § 3280.103(a)(2).</P> <P>(2) Kitchens shall be provided with a mechanical ventilation system that is capable of exhausting 100 cfm to the outside of the home. The exhaust fan shall be located as close as possible to the range or cook top, but in no case farther than 10 feet horizontally from the range or cook top.</P> <P>(3) Each bathroom and separate toilet compartment shall be provided with a mechanical ventilation system capable of exhausting 50 cfm to the outside <PRTPAGE P="114"/>of the home. A separate toilet compartment may be provided with 1.5 square feet of openable glazed area in place of mechanical ventilation, except in Uo value Zone 3.</P> <CITA>[58 FR 55003, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.104</SECTNO> <SUBJECT>Ceiling heights.</SUBJECT> <P>(a) Every habitable room and bathroom shall have a minimum ceiling height of not less than 7 feet, 0 inches for a minimum of 50 percent of the room's floor area. The remaining area may have a ceiling with a minimum height of 5 feet, 0 inches. Minimum height under dropped ducts, beams, etc. shall be 6 feet, 4 inches.</P> <P>(b) Hallways and foyers shall have a minimum ceiling height of 6 feet, 6 inches.</P> </SECTION> <SECTION> <SECTNO>§ 3280.105</SECTNO> <SUBJECT>Exit facilities; exterior doors.</SUBJECT> <P>(a) <E T="03">Number and location of exterior doors.</E> Manufactured homes shall have a minimum of two exterior doors located remote from each other.</P> <P>(1) Required egress doors shall not be located in rooms where a lockable interior door must be used in order to exit.</P> <P>(2) In order for exit doors to be considered <E T="03">remote</E> from each other, they must comply with all of the following:</P> <P>(i) Both of the required doors must not be in the same room or in a group of rooms which are not defined by fixed walls.</P> <P>(ii) <E T="03">Single wide units.</E> Doors may not be less than 12 ft. c-c from each other as measured in any straight line direction regardless of the length of path of travel between doors.</P> <P>(iii) <E T="03">Double wide units.</E> Doors may not be less than 20 ft. c-c from each other as measured in any straight line direction regardless of the length of path of travel between doors.</P> <P>(iv) One of the required exit doors must be accessible from the doorway of each bedroom without traveling more than 35 ft.</P> <P>(b) <E T="03">Door design and construction.</E> (1) Exterior swinging doors shall be constructed in accordance with § 3280.405 the “Standard for Swinging Exterior Passage Doors for Use in Manufactured Homes”. Exterior sliding glass doors shall be constructed in accordance with § 3280.403 the “Standard for Windows and Sliding Glass Doors Used in Manufactured Homes”.</P> <P>(2) All exterior swinging doors shall provide a minimum 28 inch wide by 74 inch high clear opening. All exterior sliding glass doors shall provide a minimum 28 inch wide by 72 inch high clear opening.</P> <P>(3) Each swinging exterior door other than screen or storm doors shall have a key-operated lock that has a deadlocking latch or a key-operated dead bolt with a passage latch. Locks shall not require the use of a key for operation from the inside.</P> <P>(4) All exterior doors, including storm and screen doors, opening outward shall be provided with a safety door check.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 50 FR 9269, Mar. 7, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.106</SECTNO> <SUBJECT>Exit facilities; egress windows and devices.</SUBJECT> <P>(a) Every room designed expressly for sleeping purposes, unless it has an exit door (<E T="03">see</E> § 3280.105), shall have at least one outside window or approved exit device which meets the requirements of § 3280.404, the “Standard for Egress Windows and Devices for Use in Manufactured Homes.”</P> <P>(b) The bottom of the window opening shall not be more than 36 inches above the floor.</P> <P>(c) Locks, latches, operating handles, tabs, and any other window screen or storm window devices which need to be operated in order to permit exiting, shall not be located in excess of 54 inches from the finished floor.</P> <P>(d) Integral rolled-in screens shall not be permitted in an egress window unless the window is of the hinged-type.</P> <CITA>[49 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 49 FR 36086, Sept. 14, 1984; 52 FR 4581, Feb. 12, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.107</SECTNO> <SUBJECT>Interior privacy.</SUBJECT> <P>Bathroom and toilet compartment doors shall be equipped with a privacy lock.</P> </SECTION> <SECTION> <SECTNO>§ 3280.108</SECTNO> <SUBJECT>Interior passage.</SUBJECT> <P>(a) Interior doors having passage hardware without a privacy lock, or with a privacy lock not engaged, shall <PRTPAGE P="115"/>open from either side by a single movement of the hardware mechanism in any direction.</P> <P>(b) Each manufactured home interior door, when provided with a privacy lock, shall have a privacy lock that has an emergency release on the outside to permit entry when the lock has been locked by a locking knob, lever, button, or other locking device on the inside.</P> </SECTION> <SECTION> <SECTNO>§ 3280.109</SECTNO> <SUBJECT>Room requirements.</SUBJECT> <P>(a) Every manufactured home shall have at least one living area with not less than 150 sq. ft. of gross floor area.</P> <P>(b) Rooms designed for sleeping purposes shall have a minimum gross square foot floor area as follows:</P> <P>(1) All bedrooms shall have at least 50 sq. ft. of floor area.</P> <P>(2) Bedrooms designed for two or more people shall have 70 sq. ft. of floor area plus 50 sq. ft. for each person in excess of two.</P> <P>(c) Every room designed for sleeping purposes shall have accessible clothes hanging space with a minimum inside depth of 22 inches and shall be equipped with a rod and shelf.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, and further redesignated at 58 FR 55004, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.110</SECTNO> <SUBJECT>Minimum room dimensions.</SUBJECT> <P>The gross floor area required by § 3280.110 (a) and (b) shall have no clear horizontal dimension less than 5 feet except as permitted by § 3280.102(a).</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, and further redesignated at 58 FR 55004, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.111</SECTNO> <SUBJECT>Toilet compartments.</SUBJECT> <P>Each toilet compartment shall be a minimum of 30 inches in width, except, when the toilet is located adjacent to the short dimension of the tub, the distance from the tub to the center line of the toilet shall not be less than 12 inches. At least 21 inches of clear space shall be provided in front of each toilet.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, and further redesignated at 58 FR 55004, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.112</SECTNO> <SUBJECT>Hallways.</SUBJECT> <P>Hallways shall have a minimum horizontal dimension of 28 inches measured from the interior finished surface to the interior finished surface of the opposite wall. When appliances are installed in a laundry area, the measurement shall be from the front of the appliance to the opposite finished interior surface. When appliances are not installed and a laundry area is provided, the area shall have a minimum clear depth of 27 inches in addition to the 28 inches required for passage. In addition, a notice of the available clearance for washer/dryer units shall be posted in the laundry area. Minor protrusions into the minimum hallway width by doorknobs, trim, smoke alarms or light fixtures are permitted.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, and further redesignated at 58 FR 55004, Oct. 25, 1993; 67 FR 12817, Mar. 19, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.113</SECTNO> <SUBJECT>Glass and glazed openings.</SUBJECT> <P>(a) <E T="03">Windows and sliding glass doors.</E> All windows and sliding glass doors shall meet the requirements of § 3280.403 the “Standard for Windows and Sliding Glass Doors Used in Manufactured Homes”.</P> <P>(b) <E T="03">Safety glazing.</E> Glazing in all entrance or exit doors, sliding glass doors, units (fixed or moving sections), unframed glass doors, unbacked mirrored wardrobe doors (<E T="03">i.e.,</E> mirrors not secured to a backing capable of being the door itself), shower and bathtub enclosures and surrounds to a height of 6 feet above the bathroom floor level, storm doors or combination doors, and in panels located within 12 inches on either side of exit or entrance doors shall be of a safety glazing material. Safety glazing material is considered to be any glazing material capable of passing the requirements of Safety Performance Specifications and Methods of Test for Safety Glazing Materials Used in Buildings, ANSI Z97.1-1984.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4581, Feb. 12, 1987. Redesignated at 58 FR 55004, Oct. 25, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="116"/> <HD SOURCE="HED">Subpart C—Fire Safety</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>49 FR 32008, Aug. 9, 1984, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 3280.201</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>The purpose of this subpart is to set forth requirements that will assure reasonable fire safety to the occupants by reducing fire hazards and by providing measures for early detection.</P> </SECTION> <SECTION> <SECTNO>§ 3280.202</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions are applicable to subparts C, H, and I of the Standards:</P> <P> <E T="03">Combustible material:</E> Any material not meeting the definition of limited-combustible or non-combustible material.</P> <P> <E T="03">Flame-spread rating:</E> The measurement of the propagation of flame on the surface of materials or their assemblies as determined by recognized standard tests conducted as required by this subpart.</P> <P> <E T="03">Interior finish:</E> The surface material of walls, fixed or movable partitions, ceilings, columns, and other exposed interior surfaces affixed to the home's structure including any materials such as paint or wallpaper and the substrate to which they are applied. Interior finish does not include:</P> <P>(1) Trim and sealant 2 inches or less in width adjacent to the cooking range and in furnace and water heater spaces provided it is installed in accordance with the requirements of § 3280.203(b)(3) or (4), and trim 6 inches or less in width in all other areas;</P> <P>(2) Windows and frames;</P> <P>(3) Single doors and frames and a series of doors and frames not exceeding 5 feet in width;</P> <P>(4) Skylights and frames;</P> <P>(5) Casings around doors, windows, and skylights not exceeding 4 inches in width;</P> <P>(6) Furnishings which are not permanently affixed to the home's structure;</P> <P>(7) Baseboards not exceeding 6 inches in height;</P> <P>(8) Light fixtures, cover plates of electrical receptacle outlets, switches, and other devices;</P> <P>(9) Decorative items attached to walls and partitions (i.e., pictures, decorative objects, etc.) constituting no more than 10% of the aggregate wall surface area in any room or space not more than 32 square feet in surface area, whichever is less;</P> <P>(10) Plastic light diffusers when suspended from a material which meets the interior finish provisions of § 3280.203(b);</P> <P>(11) Coverings and surfaces of exposed wood beams; and</P> <P>(12) Decorative items including the following:</P> <P>(i) Non-structural beams not exceeding 6 inches in depth and 6 inches in width and spaced not closer than 4 feet on center;</P> <P>(ii) Non-structural lattice work;</P> <P>(iii) Mating and closure molding; and</P> <P>(iv) Other items not affixed to the home's structure.</P> <P> <E T="03">Limited combustible:</E> A material meeting:</P> <P>(1) The definition of Article 2-3 or NFPA 220-1992; or</P> <P>(2) <FR>5/16</FR>-inch or thicker gypsum board.</P> <P> <E T="03">Noncombustible material:</E> A material meeting the definition of contained in NFPA 220-1992.</P> <P> <E T="03">Smoke alarm:</E> An alarm device that is responsive to smoke.</P> <P> <E T="03">Tactile notification appliance:</E> A notification appliance that alerts by the sense of touch or vibration.</P> <CITA>[58 FR 55004, Oct. 25, 1993, as amended at 67 FR 12817, Mar. 19, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.203</SECTNO> <SUBJECT>Flame spread limitations and fire protection requirements.</SUBJECT> <P>(a) <E T="03">Establishment of flame spread rating.</E> The surface flame spread rating of interior-finish material shall not exceed the value shown in § 3280.203(b) when tested by “Standard Test Method for Surface Burning Characteristics of Building Materials, ASTM E 84-91a” except that the surface flame spread rating of interior-finish materials required by § 3280.203(b)(5) and (6) may be determined by using the “Standard Test Method for Surface Flammability of Materials Using a Radiant Heat Energy Source, ASTM E 162-90”. However, the following materials need not be tested to establish their flame spread rating unless a lower rating is required by these standards.</P> <P>(1) Flame-spread rating—76 to 200.</P> <P>(i) .035-inch or thicker high pressure laminated plastic panel countertop;<PRTPAGE P="117"/> </P> <P>(ii) <FR>1/4</FR>-inch or thicker unfinished plywood with phenolic or urea glue;</P> <P>(iii) Unfinished dimension lumber (1-inch or thicker nominal boards);</P> <P>(iv) <FR>3/8</FR>-inch or thicker unfinished particleboard with phenolic or urea binder;</P> <P>(v) Natural gum-varnished or latex- or alkyd-painted:</P> <P>(A) <FR>1/4</FR>-inch or thicker plywood, or</P> <P>(B) <FR>3/8</FR>-inch or thicker particleboard, or</P> <P>(C) 1-inch or thicker nominal board;</P> <P>(vi) <FR>5/16</FR>-inch gypsum board with decorative wallpaper; and</P> <P>(vii) <FR>1/4</FR>-inch or thicker unfinished hardboard,</P> <P>(2) Flame-spread rating-25 to 200,</P> <P>(i) Painted metal;</P> <P>(ii) Mineral-base acoustic tile;</P> <P>(iii) <FR>5/16</FR>-inch or thicker unfinished gypsum wallboard (both latex- or alkyd-painted); and</P> <P>(iv) Ceramic tile. </P> <FP>(The above-listed material applications do not waive the requirements of § 3280.203(c) or § 3280.204 of this subpart.)</FP> <P>(b) Flame-spread rating requirements.</P> <P>(1) The interior finish of all walls, columns, and partitions shall not have a flame spread rating exceeding 200 except as otherwise specified herein.</P> <P>(2) Ceiling interior finish shall not have a flame spread rating exceeding 75.</P> <P>(3) Walls adjacent to or enclosing a furnace or water heater and ceilings above them shall have an interior finish with a flame spread rating not exceeding 25. Sealants and other trim materials 2 inches or less in width used to finish adjacent surfaces within these spaces are exempt from this provision provided that all joints are completely supported by framing members or by materials having a flame spread rating not exceeding 25.</P> <P>(4) Exposed interior finishes adjacent to the cooking range shall have a flame spread rating not exceeding 50, except that backsplashes not exceeding 6 inches in height are exempted. Adjacent surfaces are the exposed vertical surfaces between the range top height and the overhead cabinets and/or ceiling and within 6 horizontal inches of the cooking range. (Refer also to § 3280.204(a), Kitchen Cabinet Protection.) Sealants and other trim materials 2 inches or less in width used to finish adjacent surfaces are exempt from this provision provided that all joints are completely supported by a framing member.</P> <P>(5) Kitchen cabinet doors, countertops, backsplashes, exposed bottoms, and end panels shall have a flame spread rating not to exceed 200. Cabinet rails, stiles, mullions, and top strips are exempted.</P> <P>(6) Finish surfaces of plastic bathtubs, shower units, and tub or shower doors shall not exceed a flame spread rating of 200.</P> <P>(c) Fire protective requirements.</P> <P>(1) Materials used to surface the following areas shall be of limited combustible material (e.g., <FR>5/16</FR>-inch gypsum board, etc.):</P> <P>(i) The exposed wall adjacent to the cooking range (see § 3280.203(b)(4));</P> <P>(ii) Exposed bottoms and sides of kitchen cabinets as required by § 3280.204;</P> <P>(iii) Interior walls and ceilings enclosing furnace and/or water heater spaces; and</P> <P>(iv) Combustible doors which provide interior or exterior access to furnace and/or water heater spaces. The surface may be interrupted for louvers ventilating the enclosure. However, the louvers shall not be constructed of a material of greater combustibility than the door itself (e.g., plastic louvers on a wooden door).</P> <P>(2) No burner of a surface cooking unit shall be closer than 12 horizontal inches to a window or an exterior door with glazing.</P> <CITA>[49 FR 32008, Aug. 9, 1984, as amended at 58 FR 55005, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.204</SECTNO> <SUBJECT>Kitchen cabinet protection.</SUBJECT> <P>(a) The bottom and sides of combustible kitchen cabinets over cooking ranges to a horizontal distance of 6 inches from the outside edge of the cooking range shall be protected with at least <FR>5/16</FR>-inch thick gypsum board or equivalent limited combustible material. One-inch nominal framing members and trim are exempted from this requirement. The cabinet area over the cooking range or cooktops shall be protected by a metal hood (26-gauge sheet metal, or .017 stainless steel, or .024 <PRTPAGE P="118"/>aluminum, or .020 copper) with not less than a 3-inch eyebrow projecting horizontally from the front cabinet face. The <FR>5/16</FR>-inch thick gypsum board or equivalent material which is above the top of the hood may be supported by the hood. A <FR>3/8</FR>-inch enclosed air space shall be provided between the bottom surface of the cabinet and the gypsum board or equivalent material. The hood shall be at least as wide as the cooking range.</P> <P>(b) The 3-inch metal eyebrow required by paragraph (a) of this section will project from the front and rear cabinet faces when there is no adjacent surface behind the range, or the <FR>5/16</FR>-inch thick gypsum board or equivalent material shall be extended to cover all exposed rear surfaces of the cabinet.</P> <P>(c) The metal hood required by paragraphs (a) and (b) of this section can be omitted when an oven of equivalent metal protection is installed between the cabinet and the range and all exposed cabinet surfaces are protected as described in paragraph (a) of this section.</P> <P>(d) When a manufactured home is designed for the future installation of a cooking range, the metal hood and cabinet protection required by paragraph (a) of this section and the wall-surfacing protection behind the range required by § 3280.203 shall be installed in the factory.</P> <P>(e) Vertical clearance above cooking top. Ranges shall have a vertical clearance above the cooking top of not less than 24 inches to the bottom of combustible cabinets.</P> </SECTION> <SECTION> <SECTNO>§ 3280.205</SECTNO> <SUBJECT>Carpeting.</SUBJECT> <P>Carpeting shall not be used in a space or compartment designed to contain only a furnace and/or water heater. Carpeting may be used in other areas where a furnace or water heater is installed, provided that it is not located under the furnace or water heater.</P> </SECTION> <SECTION> <SECTNO>§ 3280.206</SECTNO> <SUBJECT>Firestopping.</SUBJECT> <P>(a) Firestopping of at least 1-inch nominal lumber, <FR>5/16</FR>-inch thick gypsum board, or the equivalent, shall be provided to cut off concealed draft openings between walls and partitions, including furred spaces, and the roof or floors, so as to retard vertical movement of fire. In particular, such concealed spaces must be constructed so that floor-to-ceiling concealed spaces on one floor do not communicate with any concealed space on another floor, any concealed spaces in the floor, or any concealed space in the roof cavity. A barrier must be installed to prevent communication between adjacent concealed spaces.</P> <P>(1) Where the barrier is vertical, it must be made of exterior or interior covering(s) equivalent to that used on the nearest exposed wall surface; and</P> <P>(2) In all other cases, the barrier must be made of 1-inch nominal lumber, <FR>5/16</FR>-inch thick gypsum board, or the equivalent.</P> <P>(b) A space does not lose its character as a concealed draft opening if it is filled with insulation or other material or if it is blocked by a barrier other than as required by paragraph (a) of this section.</P> <P>(c) All openings for pipes and vents and other penetrations in walls, floors, and ceilings of furnace and water heater spaces shall be tight-fitted or firestopped. Pipes, vents, and other penetrations are tight-fitted when they cannot be moved freely in the opening.</P> </SECTION> <SECTION> <SECTNO>§ 3280.207</SECTNO> <SUBJECT>Requirements for foam plastic thermal insulating materials.</SUBJECT> <P>(a) <E T="03">General.</E> Foam plastic thermal insulating materials shall not be used within the cavity of walls (not including doors) or ceilings or be exposed to the interior of the home unless:</P> <P>(1) The foam plastic insulating material is protected by an interior finish of <FR>5/16</FR>-inch thick gypsum board or equivalent material for all cavities where the material is to be installed; or</P> <P>(2) The foam plastic is used as a sheathing or siding backerboard, and it:</P> <P>(i) Has a flame spread rating of 75 or less and a smoke-developed rating of 450 or less (not including outer covering of sheathing);</P> <P>(ii) Does not exceed <FR>3/8</FR>-inch in thickness; and</P> <P>(iii) Is separated from the interior of the manufactured home by a minimum of 2 inches of mineral fiber insulation or an equivalent thermal barrier; or</P> <P>(3) The foam plastic insulating material has been previously accepted by <PRTPAGE P="119"/>the Department for use in wall and/or ceiling cavities of manufactured homes, and it is installed in accordance with any restrictions imposed at the time of that acceptance; or</P> <P>(4) The foam plastic insulating material has been tested as required for its location in wall and/or ceiling cavities in accordance with testing procedures described in the Illinois Institute of Technology Research Institute (IITRI) Report, “Development of Mobile Home Fire Test Methods to Judge the Fire Safe Performance of Foam Plastic, J-6461,” or other full-scale fire tests accepted by the Department, and it is installed in a manner consistent with the way the material was installed in the foam plastic test module. The materials shall be capable of meeting the following acceptance criteria required for their location.</P> <P>(i) <E T="03">Wall assemblies.</E> The foam plastic system shall demonstrate equivalent or superior performance to the control module as determined by:</P> <P>(A) Time to reach flashover (600 °C in the upper part of the room);</P> <P>(B) Time to reach an oxygen (O<E T="52">2</E>) level of 14% (rate of O<E T="52">2</E> depletion), a carbon monoxide (CO) level of 1%, a carbon dioxide (CO<E T="52">2</E>) level of 6%, and a smoke level of 0.26 optical density/meter measured at 5 feet high in the doorway; and</P> <P>(C) Rate of change concentration for O<E T="52">2</E>, CO, CO<E T="52">2</E> and smoke measured 3 inches below the top of the doorway.</P> <P>(ii) <E T="03">Ceiling assemblies.</E> A minimum of three valid tests of the foam plastic system and one valid test of the control module shall be evaluated to determine if the foam plastic system domonstrates equivalent or superior performance to the control module. Individual factors to be evaluated include intensity of cavity fire (temperature-time) and post-test damage.</P> <P>(iii) <E T="03">Post-test damage assessment for wall and ceiling assemblies.</E> The overall performance of each total system shall also be evaluated in determining the acceptability of a particular foam plastic insulating material.</P> <P>(b) All foam plastic thermal insulating materials used in manufactured housing shall have a flame spread rating of 75 or less (not including outer covering or sheathing) and a maximum smoke-developed rating of 450.</P> </SECTION> <SECTION> <SECTNO>§ 3280.208</SECTNO> <SUBJECT>Smoke alarm requirements.</SUBJECT> <P>(a) <E T="03">Labeling.</E> Each smoke alarm required under paragraph (b) of this section must conform with the requirements of UL 217, Single and Multiple Station Smoke Alarms, dated January 4, 1999 (incorporated by reference, see § 3280.4), or UL 268, Smoke Detectors for Fire Protective Signaling Systems, dated January 4, 1999 (incorporated by reference, see § 3280.4), and must bear a label to evidence conformance.</P> <P>(b) <E T="03">Required smoke alarm locations.</E> (1) At least one smoke alarm must be installed in each of the following locations:</P> <P>(i) To protect both the living area and kitchen space. Manufacturers are encouraged to locate the alarm in the living area remote from the kitchen and cooking appliances. A smoke alarm located within 20 feet horizontally of a cooking appliance must incorporate a temporary silencing feature or be of a photoelectric type.</P> <P>(ii) In each room designed for sleeping.</P> <P>(iii) On the ceiling of the upper level near the top or above each stairway, other than a basement stairway, in any multistory home completed in accordance with this part or part 3282 of this chapter. The alarm must be located so that smoke rising in the stairway cannot be prevented from reaching the alarm by an intervening door or obstruction.</P> <P>(2) For each home designed to be placed over a basement, the manufacturer must provide a smoke alarm for the basement and must install at the factory an electrical junction box for the installation of this smoke alarm and for its interconnection to other smoke alarms required by this section. The instructions for installers and information for homeowners required in paragraph (f) of this section must clearly indicate that a smoke alarm should be installed and is to be located on the basement ceiling near the stairway.</P> <P>(3) A smoke alarm required under this section must not be placed in a location that impairs its effectiveness or in any of the following locations:<PRTPAGE P="120"/> </P> <P>(i) Within 3 feet horizontally from any discharge grille when a home is equipped or designed for future installation of a roof-mounted evaporative cooler or other equipment discharging conditioned air through a ceiling grille into the living space; and</P> <P>(ii) In any location or environment that is prohibited by the terms of its listing, except as permitted by this section.</P> <P>(c) <E T="03">Mounting requirements.</E> (1) Except in rooms with peaked sloping or shed sloping ceilings with a slope of more than 1.5/12 or as permitted pursuant to paragraph (e) of this section, smoke alarms must be mounted either:</P> <P>(i) On the ceiling at least 4 inches from each wall; or</P> <P>(ii) On a wall with the top of the alarm not less than 4 inches below the ceiling, and not farther from the ceiling than 12 inches or the distance from the ceiling specified in the smoke alarm manufacturer's listing and instructions, whichever is less.</P> <P>(2) Except as permitted pursuant to paragraph (e) of this section, in rooms with peaked sloping ceilings with a slope of more than 1.5/12, smoke alarms must be mounted on the ceiling within 3 feet, measured horizontally, from the peak of the ceiling; at least 4 inches, measured vertically, below the peak of the ceiling; and at least 4 inches from any projecting structural element.</P> <P>(3) Except as permitted pursuant to paragraph (e) of this section, in rooms with shed sloping ceilings with a slope of more than 1.5/12, smoke alarms must be mounted on the ceiling within 3 feet, measured horizontally, of the high side of the ceiling, and not closer than 4 inches from any adjoining wall surface and from any projecting structural element.</P> <P>(d) <E T="03">Connection to power source.</E> (1) Each smoke alarm must be powered from:</P> <P>(i) The electrical system of the home as the primary power source and a battery as a secondary power source; or</P> <P>(ii) A battery rated for a 10-year life, provided the smoke alarm is listed for use with a 10-year battery.</P> <P>(2) Each smoke alarm whose primary power source is the home electrical system must be mounted on an electrical outlet box and connected by a permanent wiring method to a general electrical circuit. More than one smoke alarm is permitted to be placed on the same electrical circuit. The wiring circuit for the alarm must not include any switches between the over-current protective device and the alarm, and must not be protected by a ground fault circuit interrupter.</P> <P>(3) Smoke alarms required under this section must be interconnected such that the activation of any one smoke alarm causes the alarm to be triggered in all required smoke alarms in the home.</P> <P>(e) <E T="03">Visible and tactile notification appliances.</E> (1) In addition to the smoke alarms required pursuant to this section, the manufacturer must provide visible and listed tactile notification appliances if these appliances are ordered by the purchaser or retailer before the home enters the first stage of production. These appliances are required to operate from the primary power source, but are not required to operate from a secondary power source.</P> <P>(2) A visible notification appliance in a room designed for sleeping must have a minimum rating of 177 candela, except that when the visible notification appliance is wall-mounted or suspended more than 24 inches below the ceiling, a minimum rating of 110 candela is permitted.</P> <P>(3) A visible notification appliance in an area other than a room designed for sleeping must have a minimum rating of 15 candela.</P> <P>(f) <E T="03">Testing and maintenance.</E> (1) Each required smoke 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. A smoke alarm that does not function as designed during the test and is not fixed so that it functions properly in the next retest must be replaced. Any replacement smoke alarm must be successfully tested in accordance with this paragraph.</P> <P>(2) Home manufacturers must provide specific written instructions for installers on how to inspect and test the operation of smoke alarms during installation of the home. These instructions must indicate that any smoke <PRTPAGE P="121"/>alarm that does not meet the inspection or testing requirements needs to be replaced and retested.</P> <P>(3) Home manufacturers must provide the homeowner with the alarm manufacturer's information describing the operation, method and frequency of testing, and proper maintenance of the smoke alarm. This information must be provided in same manner and location as the consumer manual required by § 3282.207 of this chapter, but does not have to be incorporated into the consumer manual. No dealer, distributor, construction contractor, or other person shall interfere with the distribution of this information</P> <CITA>[67 FR 12817, Mar. 19, 2002, as amended at 67 FR 49795, July 31, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.209</SECTNO> <SUBJECT>Fire testing.</SUBJECT> <P>All fire testing conducted in accordance with this subpart shall be performed by nationally recognized testing laboratories which have expertise in fire technology. In case of dispute, the Secretary shall determine if a particular agency is qualified to perform such fire tests.</P> <CITA>[49 FR 32011, Aug. 9, 1984]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Body and Frame Construction Requirements</HD> <SECTION> <SECTNO>§ 3280.301</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This subpart covers the minimum requirements for materials, products, equipment and workmanship needed to assure that the manufactured home will provide:</P> <P>(a) Structural strength and rigidity,</P> <P>(b) Protection against corrosion, decay, insects and other similar destructive forces,</P> <P>(c) Protection against hazards of windstorm,</P> <P>(d) Resistance to the elements, and</P> <P>(e) Durability and economy of maintenance.</P> </SECTION> <SECTION> <SECTNO>§ 3280.302</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions are applicable to subpart D only:</P> <P> <E T="03">Anchoring equipment:</E> means straps, cables, turnbuckles, and chains, including tensioning devices, which are used with ties to secure a manufactured home to ground anchors.</P> <P> <E T="03">Anchoring system:</E> means a combination of ties, anchoring equipment, and ground anchors that will, when properly designed and installed, resist overturning and lateral movement of the manufactured home from wind forces.</P> <P> <E T="03">Diagonal tie:</E> means a tie intended to primarily resist horizontal forces, but which may also be used to resist vertical forces.</P> <P> <E T="03">Footing:</E> means that portion of the support system that transmits loads directly to the soil.</P> <P> <E T="03">Ground anchor:</E> means any device at the manufactured home stand designed to transfer manufactured home anchoring loads to the ground.</P> <P> <E T="03">Loads:</E> (1) <E T="03">Dead load:</E> means the weight of all permanent construction including walls, floors, roof, partition, and fixed service equipment.</P> <P>(2) <E T="03">Live load:</E> means the weight superimposed by the use and occupancy of the manufactured home, including wind load and snow load, but not including dead load.</P> <P>(3) <E T="03">Wind load:</E> means the lateral or vertical pressure or uplift on the manufactured home due to wind blowing in any direction.</P> <P> <E T="03">Main frame:</E> means the structural component on which is mounted the body of the manufactured home.</P> <P> <E T="03">Pier:</E> means that portion of the support system between the footing and manufactured home exclusive of caps and shims.</P> <P> <E T="03">Sheathing:</E> means material which is applied on the exterior side of a building frame under the exterior weather resistant covering.</P> <P> <E T="03">Stabilizing devices:</E> means all components of the anchoring and support system such as piers, footings, ties, anchoring equipment, ground anchors, and any other equipment which supports the manufactured home and secures it to the ground.</P> <P> <E T="03">Support system:</E> means a combination of footings, piers, caps, and shims that will, when properly installed, support the manufactured home.</P> <P> <E T="03">Tie:</E> means straps, cable, or securing devices used to connect the manufactured home to ground anchors.<PRTPAGE P="122"/> </P> <P> <E T="03">Vertical tie:</E> means a tie intended to resist the uplifting or overturning forces.</P> <CITA>[58 FR 55005, Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.303</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) <E T="03">Minimum requirements.</E> The design and construction of a manufactured home shall conform with the provisions of this standard. Requirements for any size, weight, or quality of material modified by the terms of <E T="03">minimum, not less than, at least,</E> and similar expressions are minimum standards. The manufacturer or installer may exceed these standards provided such deviation does not result in any inferior installation or defeat the purpose and intent of this standard.</P> <P>(b) <E T="03">Construction.</E> All construction methods shall be in conformance with accepted engineering practices to insure durable, livable, and safe housing and shall demonstrate acceptable workmanship reflecting journeyman quality of work of the various trades.</P> <P>(c) <E T="03">Structural analysis.</E> The strength and rigidity of the component parts and/or the integrated structure shall be determined by engineering analysis or by suitable load tests to simulate the actual loads and conditions of application that occur. (See subparts E and J.)</P> <P>(d) [Reserved]</P> <P>(e) <E T="03">New materials and methods.</E> (1) Any new material or method of construction not provided for in this standard and any material or method of questioned suitability proposed for use in the manufacture of the structure shall nevertheless conform in performance to the requirements of this standard.</P> <P>(2) Unless based on accepted engineering design for the use indicated, all new manufactured home materials, equipment, systems or methods of construction not provided for in this standard shall be subjected to the tests specified in paragraph (g) of this section.</P> <P>(f) <E T="03">Allowable design stress.</E> The design stresses of all materials shall conform to accepted engineering practice. The use of materials not certified as to strength or stress grade shall be limited to the minimum allowable stresses under accepted engineering practice.</P> <P>(g) <E T="03">Alternative test procedures.</E> In the absence of recognized testing procedures either in these standards or the applicable provisions of those standards incorporated by reference, the manufacturer electing this option shall develop or cause to be developed testing procedures to demonstrate the structural properties and significant characteristics of the material, assembly, subassembly component or member. Such testing procedures shall become part of the manufacturer's approved design. (Refer to § 3280.3.)</P> <P>(1) Testing procedures so developed shall be submitted to the Department for approval.</P> <P>(2) Upon notification of approval, the alternative test procedure is considered acceptable.</P> <P>(3) Such tests shall be witnessed by an independent licensed professional engineer or architect or by a recognized testing organization. Copies of the test results shall be kept on file by the manufactured home manufacturer.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55005, Oct. 25, 1993; 59 FR 2469, Jan. 14, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.304</SECTNO> <SUBJECT>Materials.</SUBJECT> <P>(a) Dimension and board lumber shall not exceed 19 percent moisture content at time of installation.</P> <P>(b)(1) Standards for some of the generally used materials and methods of construction are listed in the following table.</P> <HD SOURCE="HD3">Steel</HD> <P>Specification for Aluminum Structures Construction Manual Series—Section 1, Fifth Edition—1986, The Aluminum Association.</P> <P>Specification for Structural Steel Buildings—Allowable Stress Design and Plastic Design—AISC—June 1, 1989.</P> <P>The following parts of this reference standard are not applicable: 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.4.6, 1.5.1.5, 1.5.5, 1.6, 1.7, 1.8, 1.9, 1.10.4 through 1.10.7, 1.10.9, 1.11, 1.13, 1.14.5, 1.17.7 through 1.17.9, 1.19.1, 1.19.3, 1.20, 1.21, 1.23.7, 1.24, 1.25.1 through 1.25.5, 1.26.4, 2.3, 2.4, 2.8 through 2.10.</P> <P>Specification for the Design of Cold-Formed Steel Structural Members—AISI—1986 Edition With 1989 Addendum.<PRTPAGE P="123"/> </P> <P>The following parts of this reference standard are not applicable: 3.1.2, 4.2.1, 4.2.4.</P> <P>Stainless Steel Cold-Formed Structural Design Manual—AISI-1974.</P> <P>The following part of this reference standard is not applicable: 3.1.2.</P> <P>Standard Specifications Load Tables and Weight Tables for Steel Joists and Joist Girders, only Sections 1-6 and the table for “H series only” are applicable—Steel Joist Institute 1992.</P> <P>Manual for Structural Applications of Steel Cables for Buildings—AISI-1973.</P> <P>Standard Specification for Strapping, Flat Steel and Seals—ASTM D3953-91.</P> <HD SOURCE="HD3">Wood and Wood Products</HD> <P>Basic Hardboard—ANSI/AHA A135.4-1982.</P> <P>Prefinished Hardboard Paneling—ANSI/AHA A135.5-1988.</P> <P>Hardboard Siding—ANSI/AHA A135.6-1990.</P> <P>Interim Voluntary Standard for Hardwood and Decorative Plywood—HPVA Interim Standard HP-1-1993.</P> <P>Structural Design Guide for Hardwood Plywood Wall Panels—HPMA Design Guide HP-SG-86.</P> <P>For wood products—Structural Glued Laminated Timber—ANSI/AITC A190.1-1992.</P> <P>Voluntary Product Standard, Construction and Industrial Plywood—PS-1-83.</P> <P>APA Design/Construction Guide, Residential and Commercial—APA E30M-1993.</P> <P>Design and Fabrication of All-Plywood Beams, Suppl. 5—APA-H 815D-1989.</P> <P>Plywood Design Specification—APA-Y 510Q-1993.</P> <P>Design and Fabrication of Glued Plywood-Lumber Beams, Suppl. 2—APA-S 812P-1992.</P> <P>Design and Fabrication of Plywood Curved Panels, Suppl. 1—APA-S 811M-1990.</P> <P>Design and Fabrication of Plywood Sandwich Panels, Suppl. 4—APA-U 814G-1990.</P> <P>Performance Standards and Policies for Structural Use Panels—APA-PRP-E-108P, E445N-1989.</P> <P>Design and Fabrication of Plywood Stressed-Skin Panels, Suppl. 3—APA-U 813K-1990.</P> <P>National Design Specifications for Wood Construction, 1991 Edition, With Supplement, Design Values for Wood Construction, AFPA.</P> <P>Wood Structural Design Data, 1986 Edition With 1992 Revisions, AFPA.</P> <P>Span Tables for Joists and Rafters—PS-20-70, 1993, AFPA.</P> <P>Design Values for Joists and Rafters, American Softwood Lumber Standard Sizes, 1992, AFPA.</P> <P>Design Specifications for Metal Plate Connected Wood Trusses—TPI-85.</P> <P>Wood Particleboard—ANSI A208.1-1989,</P> <P>Wood Flush Doors—ANSI/NWWDA I.S.1-87.</P> <P>Wood Windows—ANSI/NWWDA I.S.2-87.</P> <P>Wood Sliding Patio Doors—NWWDA-I.S.3-88.</P> <P>Water Repellent Preservative Non Pressure Treatment for Millwork—NWWDA-I.S.4-81.</P> <P>Standard Test Methods for Puncture and Stiffness of Paperboard, and Corrugated and Solid Fiberboard—ASTM D781-68 (73).</P> <P>Standard Test Methods for Direct Moisture Content Measurement of Wood and Wood-Base Materials—ASTM D4442.</P> <P>Standard Test Methods for Use and Calibration of Hand-Held Moisture Meters—ASTM D4444-92.</P> <HD SOURCE="HD3">Other</HD> <P>Standard Specification for Gypsum Wallboard—ASTM C36-93.</P> <HD SOURCE="HD3">Fasteners</HD> <P>Application and Fastening Schedule: Power-Driven, Mechanically Driven and Manually Driven Fasteners—HUD-FHA Use of Materials Bulletin—UM-25d-73.</P> <HD SOURCE="HD3">Unclassified</HD> <P>American Society of Civil Engineering Minimum Design Loads for Buildings and Other Structures—ANSI/ASCE 7-88.</P> <P>Performance Standard for Wood-Based Structural Use Panels—PS-2-92, <PRTPAGE P="124"/>APA (also known as NIST Standard PS-2-92).</P> <P>Safety Performance Specifications and Methods of Test for Safety Glazing Materials Used in Building—ANSI Z97.1-1984.</P> <P>(2) Materials and methods of construction utilized in the design and construction of manufactured homes which are covered by the standards in the following table, or any applicable portion thereof shall comply with these requirements.</P> <P>(3) Engineering analysis and testing methods contained in these references shall be utilized to judge conformance with accepted engineering practices required in § 3280.303(c).</P> <P>(4) Materials and methods of installation conforming to these standards shall be considered acceptable when installed in conformance with the requirements of this part.</P> <P>(5) Materials meeting the standards (or the applicable portion thereof) are considered acceptable unless otherwise specified herein or unless substantial doubt exists as to conformance.</P> <P>(c) Wood products shall be identified as complying with the appropriate standards.</P> <CITA>[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55006, Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.305</SECTNO> <SUBJECT>Structural design requirements.</SUBJECT> <P>(a) <E T="03">General</E>. Each manufactured home shall be designed and constructed as a completely integrated structure capable of sustaining the design load requirements of this standard, and shall be capable of transmitting these loads to stabilizing devices without exceeding the allowable stresses or deflections. Roof framing shall be securely fastened to wall framing, walls to floor structure, and floor structure to chassis to secure and maintain continuity between the floor and chassis, so as to resist wind overturning, uplift, and sliding as imposed by design loads in this part. Uncompressed finished flooring greater than 1/8 inch in thickness shall not extend beneath load-bearing walls that are fastened to the floor structure.</P> <P>(b) <E T="03">Design loads—</E>(1) <E T="03">Design dead loads.</E> Design dead loads shall be the actual dead load supported by the structural assembly under consideration.</P> <P>(2) <E T="03">Design live loads.</E> The design live loads and wind and snow loads shall be as specified in this section and shall be considered to be uniformly distributed. The roof live load or snow load shall not be considered as acting simultaneously with the wind load and the roof live or snow load and floor live loads shall not be considered as resisting the overturning moment due to wind.</P> <P>(3) When engineering calculations are performed, allowable unit stresses may be increased as provided in the documents referenced in § 3280.304 except as otherwise indicated in §§ 3280.304(b)(1) and 3280.306(a).</P> <P>(4) Whenever the roof slope does not exceed 20 degrees, the design horizontal wind loads required by § 3280.305(c)(1) may be determined without including the vertical roof projection of the manufactured home. However, regardless of the roof slope of the manufactured home, the vertical roof projection shall be included when determining the wind loading for split level or clerestory-type roof systems.</P> <P>(c) <E T="03">Wind, snow, and roof loads</E>—(1) <E T="03">Wind loads—design requirements.</E> (i) <E T="03">Standard wind loads (Zone I)</E>. 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 wind resisting parts and portions shall be designed for horizontal wind loads of not less than 15 psf and net uplift load of not less than 9 psf.</P> <P>(ii) <E T="03">Wind loads for high wind areas (Zone II and Zone III)</E>. When designed for high wind areas (Zone II and Zone III), the manufactured home, each of its wind resisting parts (including, but not limited to, shear walls, diaphragms, ridge beams, and their fastening and anchoring systems), and its components and cladding materials (including, but not limited to, roof trusses, wall studs, exterior sheathing, roofing and siding materials, exterior glazing, and their connections and fasteners) shall be designed by a Professional Engineer or Architect to resist:<PRTPAGE P="125"/> </P> <P>(A) The design wind loads for Exposure C specified in ANSI/ASCE 7-88, “Minimum Design Loads for Buildings and Other Structures,” for a fifty-year recurrence interval, and a design wind speed of 100 mph, as specified for Wind Zone II, or 110 mph, as specified for Wind Zone III (Basic Wind Zone Map); or</P> <P>(B) The wind pressures specified in the following table:</P> <GPOTABLE CDEF="s200,12,12" COLS="3" OPTS="L2,i1"> <TTITLE>Table of Design Wind Pressures</TTITLE> <BOXHD> <CHED H="1">Element</CHED> <CHED H="1">Wind zone II design wind speed 100 MPH</CHED> <CHED H="1">Wind zone III design wind speed 110 MPH</CHED> </BOXHD> <ROW> <ENT I="11">Anchorage for lateral and vertical stability (See § 3280.306(a)):</ENT> </ROW> <ROW> <ENT I="03">Net Horizontal Drag<E T="51">1,2:</E> </ENT> <ENT> <SU>3</SU> ±39 PSF</ENT> <ENT> <SU>3</SU> ±47 PSF</ENT> </ROW> <ROW> <ENT I="03">Uplift <SU>4</SU>:</ENT> <ENT> <SU>5</SU> −27 PSF</ENT> <ENT>−32 PSF</ENT> </ROW> <ROW> <ENT I="11">Main wind force resisting system:</ENT> </ROW> <ROW> <ENT I="03">Shearwalls, Diaphragms and their Fastening and Anchorage Systems <E T="51">1,2</E> </ENT> <ENT>±39 PSF</ENT> <ENT>±47 PSF</ENT> </ROW> <ROW> <ENT I="03">Ridge beams and other Main Roof Support Beams (Beams supporting expanding room sections, etc.)</ENT> <ENT>−30 PSF</ENT> <ENT>−36 PSF</ENT> </ROW> <ROW> <ENT I="11">Components and cladding:</ENT> </ROW> <ROW> <ENT I="03">Roof trusses <SU>4</SU> in all areas; trusses shall be doubled within 3'-0” from each end of the roof</ENT> <ENT> <SU>5</SU> −39 PSF</ENT> <ENT> <SU>5</SU> −47 PSF</ENT> </ROW> <ROW> <ENT I="03">Exterior roof coverings, sheathing and fastenings <SU>4</SU>,<SU>6</SU>,<SU>7</SU> in all areas except the following</ENT> <ENT> <SU>5</SU> −39 PSF</ENT> <ENT> <SU>5</SU> −47 PSF</ENT> </ROW> <ROW> <ENT I="05">Within 3'-0” from each gable end (overhang at end wall) of the roof or endwall if no overhang is provided <SU>4</SU>,<SU>6</SU>,<SU>7</SU> </ENT> <ENT> <SU>5</SU> −73 PSF</ENT> <ENT> <SU>5</SU> −89 PSF</ENT> </ROW> <ROW> <ENT I="05">Within 3'-0” from the ridge and eave (overhang at sidewall) or sidewall if no eave is provided <SU>4</SU>,<SU>6</SU>,<SU>7</SU> </ENT> <ENT> <SU>5</SU> −51 PSF</ENT> <ENT> <SU>5</SU> −62 PSF</ENT> </ROW> <ROW> <ENT I="03">Eaves (Overhangs at Sidewalls) <SU>4</SU>,<SU>6</SU>,<SU>7</SU> </ENT> <ENT> <SU>5</SU> −51 PSF</ENT> <ENT> <SU>5</SU> −62 PSF</ENT> </ROW> <ROW> <ENT I="03">Gables (Overhangs at Endwalls) <SU>4</SU>,<SU>6</SU>,<SU>7</SU> </ENT> <ENT> <SU>5</SU> −73 PSF</ENT> <ENT> <SU>5</SU> −89 PSF</ENT> </ROW> <ROW> <ENT I="11">Wall studs in sidewalls and endwalls, exterior windows and sliding glass doors (glazing and framing), exterior coverings, sheathing and fastenings <SU>8</SU>:</ENT> </ROW> <ROW> <ENT I="05">Within 3'-0” from each corner of the sidewall and endwall</ENT> <ENT>±48 PSF</ENT> <ENT>±58 PSF</ENT> </ROW> <ROW> <ENT I="05">All other areas</ENT> <ENT>±38 PSF</ENT> <ENT>±46 PSF</ENT> </ROW> <TNOTE>NOTES:</TNOTE> <TNOTE> <E T="51">1</E> The net horizontal drag of ±39 PSF to be used in calculating Anchorage for Lateral and Vertical Stability and for the design of Main Wind Force Resisting Systems is based on a distribution of wind pressures of +0.8 or +24 PSF to the windward wall and −0.5 or −15 PSF to the leeward wall.</TNOTE> <TNOTE> <E T="51">2</E> Horizontal drag pressures need not be applied to roof projections when the roof slope does not exceed 20 degrees.</TNOTE> <TNOTE> <E T="51">3</E> + sign would mean pressures are acting towards or on the structure; − sign means pressures are acting away from the structure; ± sign means forces can act in either direction, towards or away from the structure.</TNOTE> <TNOTE> <E T="51">4</E> Design values in this “Table” are only applicable to roof slopes between 10 degrees (nominal 2/12 slope) and 30 degrees.</TNOTE> <TNOTE> <E T="51">5</E> The design uplift pressures are the same whether they are applied normal to the surface of the roof or to the horizontal projection of the roof.</TNOTE> <TNOTE> <E T="51">6</E> Shingle roof coverings that are secured with 6 fasteners per shingle through an underlayment which is cemented to a 3/8” structural rated roof sheathing need not be evaluated for these design wind pressures.</TNOTE> <TNOTE> <E T="51">7</E> Structural rated roof sheathing that is at least 3/8” in thickness, installed with the long dimension perpendicular to roof framing supports, and secured with fasteners at 4” on center within 3'-0” of each gable end or endwall if no overhang is provided and 6” on center in all other areas, need not be evaluated for these design wind pressures.</TNOTE> <TNOTE> <E T="51">8</E> Exterior coverings that are secured at 6” o.c. to a 3/8” structural rated sheathing that is fastened to wall framing members at 6” on center need not be evaluated for these design wind pressures.</TNOTE> </GPOTABLE> <P>(2) <E T="03">Wind loads—zone designations.</E> The Wind Zone and specific wind design load requirements are determined by the fastest basic wind speed (mph) within each Zone and the intended location, based on the Basic Wind Zone Map, as follows:</P> <P>(i) <E T="03">Wind Zone I.</E> Wind Zone I consists of those areas on the Basic Wind Zone Map that are not identified in paragraphs (c)(2)(ii) or (iii) of this section as being within Wind Zone II or III, respectively.</P> <P>(ii) <E T="03">Wind Zone II</E>.....100 mph. The following areas are deemed to be within Wind Zone II of the Basic Wind Zone Map:</P> <P> <E T="03">Local governments:</E> The following local governments listed by State (counties, unless specified otherwise):</P> <P> <E T="03">Alabama:</E> Baldwin and Mobile.</P> <P> <E T="03">Florida:</E> All counties except those identified in paragraph (c)(1)(i)(C) of this section as within Wind Zone III.</P> <P> <E T="03">Georgia:</E> Bryan, Camden, Chatham, Glynn, Liberty, McIntosh.</P> <P> <E T="03">Louisiana:</E> Parishes of Acadia, Allen, Ascension, Assumption, Calcasieu, Cameron, East Baton Rouge, East Feliciana, Evangeline, Iberia, Iberville, Jefferson Davis, LaFayette, Livingston, Pointe Coupee, St. Helena, St. James, St. John the Baptist, St. Landry, St. Martin, St. Tammany, <PRTPAGE P="126"/>Tangipahoa, Vermillion, Washington, West Baton Rouge, and West Feliciana.</P> <P> <E T="03">Maine:</E> Hancock and Washington.</P> <P> <E T="03">Massachusetts:</E> Barnstable, Bristol, Dukes, Nantucket, and Plymouth.</P> <P> <E T="03">Mississippi:</E> George, Hancock, Harrison, Jackson, Pearl River, and Stone.</P> <P> <E T="03">North Carolina:</E> Beaufort, Brunswick, Camden, Chowan, Columbus, Craven, Currituck, Jones, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington.</P> <P> <E T="03">South Carolina:</E> Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry, Jasper, and Williamsburg.</P> <P> <E T="03">Texas:</E> Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy.</P> <P> <E T="03">Virginia:</E> Cities of Chesapeake, Norfolk, Portsmouth, Princess Anne, and Virginia Beach.</P> <P>(iii) <E T="03">Wind Zone III</E>.....110 mph. The following areas are considered to be within Wind Zone III of the Basic Wind Zone Map:</P> <P>(A) <E T="03">States and Territories:</E> The entire State of Hawaii, the coastal regions of Alaska (as determined by the 90 mph isotach on the ANSI/ASCE 7-88 map), and all of the U.S. Territories of American Samoa, Guam, Northern Mariana Islands, Puerto Rico, Trust Territory of the Pacific Islands, and the United States Virgin Islands.</P> <P>(B) <E T="03">Local governments:</E> The following local governments listed by State (counties, unless specified otherwise):</P> <P> <E T="03">Florida:</E> Broward, Charlotte, Collier, Dade, Franklin, Gulf, Hendry, Lee, Martin, Manatee, Monroe, Palm Beach, Pinellas, and Sarasota.</P> <P> <E T="03">Louisiana:</E> Parishes of Jefferson, La Fourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. Mary, and Terrabonne.</P> <P> <E T="03">North Carolina:</E> Carteret, Dare, and Hyde.</P> <P>(iv) <E T="03">Consideration of local requirements.</E> For areas where local building code requirements exceed the design wind speed requirements of these standards, the Department will consider the adoption through rulemaking of the more stringent requirements of the State or local building authority.</P> <P>(3) <E T="03">Snow and roof loads.</E> (i) Flat, curved and pitched roofs shall be designed to resist the following live loads, applied downward on the horizontal projection as appropriate for the design zone marked on the manufactured home:</P> <GPOTABLE CDEF="s25,7" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Zone (see Map in § 3280.305(c)(4))</CHED> <CHED H="1">Pounds per square foot</CHED> </BOXHD> <ROW> <ENT I="01">North Zone</ENT> <ENT>40</ENT> </ROW> <ROW> <ENT I="01">Middle Zone</ENT> <ENT>30</ENT> </ROW> <ROW> <ENT I="01">South Zone</ENT> <ENT>20</ENT> </ROW> </GPOTABLE> <P>(ii) For exposures in areas (mountainous or other) where snow or wind records or experience indicate significant differences from the loads stated above, the Department may establish more stringent requirements for homes known to be destined for such areas. For snow loads, such requirements are to be based on a roof snow load of 0.6 of the ground snow load for areas exposed to wind and a roof snow load of 0.8 of the ground snow load for sheltered areas.</P> <P>(iii) Eaves and cornices shall be designed for a net uplift pressure of 2.5 times the design uplift wind pressure cited in § 3280.305(c)(1)(i) for Wind Zone I, and for the design pressures cited in § 3280.305(c)(1)(ii) for Wind Zones II and III.</P> <P>(4) <E T="03">Data plate requirements.</E> The Data Plate posted in the manufactured home (see § 3280.5) shall designate the wind and roof load zones or, if designed for higher loads, the actual design external snow and wind loads for which the home has been designed. The Data Plate shall include reproductions of the Load Zone Maps shown in this paragraph (c)(4), with any related information. The Load Zone Maps shall be not less than either 3<FR>1/2</FR> in. by 2<FR>1/4</FR> in., or one-half the size illustrated in the Code of Federal Regulations.</P> <GPH DEEP="475" SPAN="2"> <PRTPAGE P="127"/> <GID>ER14JA94.000</GID> </GPH> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="128"/> <GID>ER20OC97.004</GID> </GPH> <P>(d) <E T="03">Design load deflection.</E> (1) When a structural assembly is subjected to total design live loads, the deflection for structural framing members shall not exceed the following (where L equals the clear span between supports or two times the length of a cantilever): </P> <EXTRACT> <PRTPAGE P="129"/> <FP SOURCE="FP-1">Floor—L/240</FP> <FP SOURCE="FP-1">Roof and ceiling—L/180</FP> <FP SOURCE="FP-1">Headers, beams, and girders (vertical load)—L/180</FP> <FP SOURCE="FP-1">Walls and partitions—L/180</FP> </EXTRACT> <P>(2) The allowable eave or cornice deflection for uplift is to be measured at the design uplift load of 9 psf for Wind Zone I, and at the design uplift pressure cited in paragraph (c)(1)(ii) of this section for Wind Zones II and III. The allowable deflection shall be (2×Lc)/180, where Lc is the measured horizontal eave projection from the wall.</P> <P>(e) <E T="03">Fastening of structural systems.</E> (1) Roof framing shall be securely fastened to wall framing, walls to floor structure, and floor structure to chassis to secure and maintain continuity between the floor and chassis, so as to resist wind overturning, uplift, and sliding as specified in this part.</P> <P>(2) For Wind Zones II and III, roof trusses shall be secured to exterior wall framing members (studs), and exterior wall framing members (studs) shall be secured to floor framing members, with 26 gage minimum steel strapping or brackets or by a combination of 26 gage minimum steel strapping or brackets and structural rated wall sheathing that overlaps the roof and floor. Steel strapping or brackets shall be installed at a maximum spacing of 24″ on center in Wind Zone II and at a maximum of 16″ on center in Wind Zone III. The number and type of fasteners used to secure the steel straps or brackets or structural sheathing shall be capable of transferring all uplift forces between elements being joined.</P> <P>(f) <E T="03">Walls.</E> The walls shall be of sufficient strength to withstand the load requirements as defined in § 3280.305(c) of this part, without exceeding the deflections as specified in § 3280.305(d). The connections between the bearing walls, floor, and roof framework members shall be fabricated in such a manner as to provide support for the material used to enclose the manufactured home and to provide for transfer of all lateral and vertical loads to the floor and chassis.</P> <P>(1) Except where substantiated by engineering analysis or tests, studs shall not be notched or drilled in the middle one-third of their length.</P> <P>(2) Interior walls and partitions shall be constructed with structural capacity adequate for the intended purpose and shall be capable of resisting a horizontal load of not less than five pounds per square foot. An allowable stress increase of 1.33 times the permitted published design values may be used in the design of wood framed interior partitions. Finish of walls and partitions shall be securely fastened to wall framing.</P> <P>(g) <E T="03">Floors.</E> (1) Floor assemblies shall be designed in accordance with accepted engineering practice standards to support a minimum uniform live load of 40 lb/ft <SU>2</SU> plus the dead load of the materials. In addition (but not simultaneously), floors shall be able to support a 200-pound concentrated load on a one-inch diameter disc at the most critical location with a maximum deflection not to exceed one-eighth inch relative to floor framing. Perimeter wood joists of more than six inches depth shall be stabilized against overturning from superimposed loads as follows: at ends by solid blocking not less than two-inch thickness by full depth of joist, or by connecting to a continuous header not less than two-inch thickness and not less than the depth of the joist with connecting devices; at eight-feet maximum intermediate spacing by solid blocking or by wood cross-bridging of not less than one inch by three inches, metal cross-bridging of equal strength, or by other approved methods.</P> <P>(2) Wood, wood fiber or plywood floors or subfloors in kitchens, bathrooms (including toilet compartments), laundry areas, water heater compartments, and any other areas subject to excessive moisture shall be moisture resistant or shall be made moisture resistant by sealing or by an overlay of nonabsorbent material applied with water-resistant adhesive. Use of one of the following methods would meet this requirement:</P> <P>(i) Sealing the floor with a water-resistant sealer; or</P> <P>(ii) Installing an overlay of a non-absorbent floor covering material applied with water-resistant adhesive; or</P> <P>(iii) Direct application of a water-resistant sealer to the exposed wood floor <PRTPAGE P="130"/>area when covered with a non-absorbent overlay; or</P> <P>(iv) The use of a non-absorbent floor covering which may be installed without a continuous application of a water-resistant adhesive or sealant when the floor covering meets the following criteria:</P> <P>(A) The covering is a continuous membrane with any seams or patches seam bonded or welded to preserve the continuity of the floor covering; and</P> <P>(B) The floor is protected at all penetrations in these areas by sealing with a compatible water-resistant adhesive or sealant to prevent moisture from migrating under the nonabsorbent floor covering; and</P> <P>(C) The covering is fastened around the perimeter of the subfloor in accordance with the floor covering manufacturer's instructions; and,</P> <P>(D) The covering is designed to be installed to prevent moisture penetration without the use of a water-resistant adhesive or sealer except as required in this paragraph (g). The vertical edges of penetrations for plumbing shall be covered with a moisture-resistant adhesive or sealant. The vertical penetrations located under the bottom plates of perimeter walls of rooms, areas, or compartments are not required to be sealed; this does not include walls or partitions within the rooms or areas.</P> <P>(3) Carpet or carpet pads shall not be installed under concealed spaces subject to excessive moisture, such as plumbing fixture spaces, floor areas under installed laundry equipment. Carpet may be installed in laundry space provided:</P> <P>(i) The appliances are not provided;</P> <P>(ii) The conditions of paragraph (g)(2) of this section are followed; and</P> <P>(iii) Instructions are provided to remove carpet when appliances are installed.</P> <P>(4) Except where substantiated by engineering analysis or tests:</P> <P>(i) Notches on the ends of joists shall not exceed one-fourth the joist depth.</P> <P>(ii) Holes bored in joists shall not be within 2 inches of the top or bottom of the joist, and the diameter of any such hole shall not exceed one-third the depth of the joist.</P> <P>(iii) Notches in the top or bottom of the joists shall not exceed one-sixth the depth and shall not be located in the middle third of the span.</P> <P>(5) Bottom board material (with or without patches) shall 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 D-781-1968 (73). The material shall be suitable for patches and the patch life shall be equivalent to the material life. Patch installation instruction shall be included in the manufactured home manufacturer's instructions.</P> <P>(h) <E T="03">Roofs.</E> (1) Roofs shall be of sufficient strength to withstand the load requirements as defined in § 3280.305 (b) and (c) without exceeding the deflections specified in § 3280.305(d). The connections between roof framework members and bearing walls shall be fabricated in such a manner to provide for the transfer of design vertical and horizontal loads to the bearing walls and to resist uplift forces.</P> <P>(2) Roofing membranes shall be of sufficient rigidity to prevent deflection which would permit ponding of water or separation of seams due to wind, snow, ice, erection or transportation forces.</P> <P>(3) Cutting of roof framework members for passage of electrical, plumbing or mechanical systems shall not be allowed except where substantiated by engineering analysis.</P> <P>(4) All roof penetrations for electrical, plumbing or mechanical systems shall be properly flashed and sealed. In addition, where a metal roof membrane is penetrated, a wood backer shall be installed. The backer plate shall be not less than <FR>5/16</FR> inch plywood, with exterior glues, secured to the roof framing system beneath the metal roof, and shall be of a size to assure that all screws securing the flashing are held by the backer plate.</P> <P>(i) <E T="03">Frame construction.</E> The frame shall be capable of transmitting all design loads to stabilizing devices without exceeding the allowable load and deflections of this section. The frame shall also be capable of withstanding the effects of transportation shock and vibration without degradation as required by subpart J.<PRTPAGE P="131"/> </P> <P>(1) <E T="03">Welded connections.</E> (i) All welds shall be made in accordance with the applicable provisions of the Specification for Structural Steel Buildings, Allowable Stress Design and Plastic Design, AISC, June 1, 1989. The Specification for the Design of Cold-Formed Steel Structural Members, AISI-1986 with 1989 addendum, and the Stainless Steel Cold-Formed Structural Design Manual, AISI-1974.</P> <P>(ii) Regardless of the provisions of any reference standard contained in this subpart, deposits of weld slag or flux shall be required to be removed only from welded joints at the following locations:</P> <P>(A) Drawbar and coupling mechanisms;</P> <P>(B) Main member splices, and</P> <P>(C) Spring hanger to main member connections.</P> <P>(2) <E T="03">Protection of metal frames against corrosion.</E> Metal frames shall be made corrosion resistant or protected against corrosion. Metal frames may be protected against corrosion by painting.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 44 FR 66195, Nov. 19, 1979; 52 FR 4582, Feb. 12, 1987; 58 FR 55006, Oct. 25, 1993; 59 FR 2469, Jan. 14, 1994; 59 FR 15113, 15114, Mar. 31, 1994; 62 FR 54547, Oct. 20, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.306</SECTNO> <SUBJECT>Windstorm protection.</SUBJECT> <P>(a) <E T="03">Provisions for support and anchoring systems.</E> Each manufactured home shall have provisions for support/anchoring or foundation systems that, when properly designed and installed, will resist overturning and lateral movement (sliding) of the manufactured home as imposed by the respective design loads. For Wind Zone I, the design wind loads to be used for calculating resistance to overturning and lateral movement shall be the simultaneous application of the wind loads indicated in § 3280.305(c)(1)(i), increased by a factor of 1.5. The 1.5 factor of safety for Wind Zone I is also to be applied simultaneously to both the vertical building projection, as horizontal wind load, and across the surface of the full roof structure, as uplift loading. For Wind Zones II and III, the resistance shall be determined by the simultaneous application of the horizontal drag and uplift wind loads, in accordance with § 3280.305(c)(1)(ii). The basic allowable stresses of materials required to resist overturning and lateral movement shall not be increased in the design and proportioning of these members. No additional shape or location factors need to be applied in the design of the tiedown system. The dead load of the structure may be used to resist these wind loading effects in all Wind Zones.</P> <P>(1) The provisions of this section shall be followed and the support and anchoring systems shall be designed by a Registered Professional Engineer or Architect.</P> <P>(2) The manufacturer of each manufactured home is required to make provision for the support and anchoring systems but is not required to provide the anchoring equipment or stabilizing devices. When the manufacturer's installation instructions provide for the main frame structure to be used as the points for connection of diagonal ties, no specific connecting devices need be provided on the main frame structure.</P> <P>(b) <E T="03">Contents of instructions.</E> (1) The manufacturer shall provide printed instructions with each manufactured home specifying the location and required capacity of stabilizing devices on which the design is based. The manufacturer shall provide drawings and specifications certified by a registered professional engineer or architect indicating at least one acceptable system of anchoring, including the details of required straps or cables, their end connections, and all other devices needed to transfer the wind loads from the manufactured home to an anchoring or foundation system.</P> <P>(2) For anchoring systems, the instructions shall indicate:</P> <P>(i) The minimum anchor capacity required;</P> <P>(ii) That anchors should be certified by a professional engineer, architect, or a nationally recognized testing laboratory as to their resistance, based on the maximum angle of diagonal tie and/or vertical tie loading (see paragraph (c)(3) of this section) and angle of anchor installation, and type of soil in which the anchor is to be installed;</P> <P>(iii) That ground anchors should be embedded below the frost line and be at <PRTPAGE P="132"/>least 12 inches above the water table; and</P> <P>(iv) That ground anchors should be installed to their full depth, and stabilizer plates should be installed to provide added resistance to overturning or sliding forces.</P> <P>(v) That anchoring equipment should be certified by a registered professional engineer or architect to resist these specified forces in accordance with testing procedures in ASTM Standard Specification D3953-91, Standard Specification for Strapping, Flat Steel and Seals.</P> <P>(c) <E T="03">Design criteria.</E> The provisions made for anchoring systems shall be based on the following design criteria for manufactured homes.</P> <P>(1) The minimum number of ties provided per side of each home shall resist design wind loads required in § 3280.305(c)(1).</P> <P>(2) Ties shall be as evenly spaced as practicable along the length of the manufactured home, with not more than two (2) feet open-end spacing on each end.</P> <P>(3) Vertical ties or straps shall be positioned at studs. Where a vertical tie and a diagonal tie are located at the same place, both ties may be connected to a single anchor, provided that the anchor used is capable of carrying both loadings, simultaneously.</P> <P>(4) Add-on sections of expandable manufactured homes shall have provisions for vertical ties at the exposed ends.</P> <P>(d) <E T="03">Requirements for ties.</E> Manufactured homes in Wind Zone I require only diagonal ties. These ties shall be placed along the main frame and below the outer side walls. All manufactured homes designed to be located in Wind Zones II and III shall have a vertical tie installed at each diagonal tie location.</P> <P>(e) <E T="03">Protection requirements.</E> Protection shall be provided at sharp corners where the anchoring system requires the use of external straps or cables. Protection shall also be provided to minimize damage to siding by the cable or strap.</P> <P>(f) <E T="03">Anchoring equipment—load resistance.</E> Anchoring equipment shall be capable of resisting an allowable working load equal to or exceeding 3,150 pounds and shall be capable of withstanding a 50 percent overload (4,725 pounds total) without failure of either the anchoring equipment or the attachment point on the manufactured home.</P> <P>(g) <E T="03">Anchoring equipment—weatherization.</E> Anchoring equipment exposed to weathering shall have a resistance to weather deterioration at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 ounces per square foot of surface coated, and in accordance with the following:</P> <P>(1) Slit or cut edges of zinc-coated steel strapping do not need to be zinc coated.</P> <P>(2) Type 1, Finish B, Grade 1 steel strapping, 1-1/4 inches wide and 0.035 inches in thickness, certified by a registered professional engineer or architect as conforming with ASTM Standard Specification D3953-91, Standard Specification for Strapping, Flat Steel, and Seals.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4583, Feb. 12, 1987; 59 FR 2473, Jan. 14, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.307</SECTNO> <SUBJECT>Resistance to elements and use.</SUBJECT> <P>(a) Exterior coverings shall be of moisture and weather resistive materials attached with corrosion resistant fasteners to resist wind, snow and rain. Metal coverings and exposed metal structural members shall be of corrosion resistant materials or shall be protected to resist corrosion. All joints between portions of the exterior covering shall be designed, and assembled to protect against the infiltration of air and water, except for any designed ventilation of wall or roof cavity.</P> <P>(b) Joints between dissimilar materials and joints between exterior coverings and frames of openings shall be protected with a compatible sealant suitable to resist infiltration of air or water.</P> <P>(c) Where adjoining materials or assemblies of materials are of such nature that separation can occur due to expansion, contraction, wind loads or other loads induced by erection or transportation, sealants shall be of a type that maintains protection against infiltration or penetration by air, moisture or vermin.<PRTPAGE P="133"/> </P> <P>(d) Exterior surfaces shall be sealed to resist the entrance of rodents.</P> </SECTION> <SECTION> <SECTNO>§ 3280.308</SECTNO> <SUBJECT>Formaldehyde emission controls for certain wood products.</SUBJECT> <P>(a) <E T="03">Formaldehyde emission levels.</E> All plywood and particleboard materials bonded with a resin system or coated with a surface finish containing formaldehyde shall not exceed the following formaldehyde emission levels when installed in manufactured homes:</P> <P>(1) Plywood materials shall not emit formaldehyde in excess of 0.2 parts per million (ppm) as measured by the air chamber test method specified in § 3280.406.</P> <P>(2) Particleboard materials shall not emit formaldehyde in excess of 0.3 ppm as measured by the air chamber test specified in § 3280.406.</P> <P>(b) <E T="03">Product certification and continuing qualification.</E> All plywood and particleboard materials to be installed in manufactured homes which are bonded with a resin system or coated with a surface finish containing formaldehyde, other than an exclusively phenol-formaldehyde resin system or finish, shall be certified by a nationally recognized testing laboratory as complying with paragraph (a) of this section.</P> <P>(1) Separate certification shall be done for each plant where the particleboard is produced or where the plywood or particleboard is surface-finished.</P> <P>(2) To certify plywood or particleboard, the testing laboratory shall witness or conduct the air chamber test specified in § 3280.406 on randomly selected panels initially and at least quarterly thereafter.</P> <P>(3) The testing laboratory must approve a written quality control plan for each plant where the particleboard is produced or finished or where the plywood is finished. The quality control plan must be designed to assure that all panels comply with paragraph (a) of this section. The plan must establish ongoing procedures to identify increases in the formaldehyde emission characteristics of the finished product resulting from the following changes in production.</P> <P>(i) In the case of plywood:</P> <P>(A) The facility where the unfinished panels are produced is changed;</P> <P>(B) The thickness of the panels is changed so that the panels are thinner; or</P> <P>(C) The grooving pattern on the panels is changed so that the grooves are deeper or closer together.</P> <P>(ii) In the case of particleboard:</P> <P>(A) The resin formulation is changed so that the formaldehyde-to-urea ratio is increased;</P> <P>(B) The amount of formaldehyde resin used is increased; or</P> <P>(C) The press time is decreased.</P> <P>(iii) In the case of plywood or particleboard:</P> <P>(A) The finishing or top coat is changed and the new finishing or top coat has a greater formaldehyde content; or</P> <P>(B) The amount of finishing or top coat used on the panels is increased, provided that such finishing or top coat contains formaldehyde.</P> <P>(4) The testing laboratory shall periodically visit the plant to monitor quality control procedures to assure that all certified panels meet the standard.</P> <P>(5) To maintain its certification, plywood or particleboard must be tested by the air chamber test specified in § 3280.406 whenever one of the following events occurs:</P> <P>(i) In the case of particleboard, the resin formulation is changed so that the formaldehyde-to-urea ratio is increased; or</P> <P>(ii) In the case of particleboard or plywood, the finishing or top coat is changed and the new finishing or top coat contains formaldehyde; or</P> <P>(iii) In the case of particleboard or plywood, the testing laboratory determines that an air chamber test is necessary to assure that panels comply with paragraph (a) of this section.</P> <P>(6) In the event that an air chamber test measures levels of formaldehyde from plywood or particleboard in excess of those permitted under paragraph (a) of this section, then the tested product's certification immediately lapses as of the date of production of the tested panels. No panel produced on the same date as the tested panels or on any day thereafter may be used or <PRTPAGE P="134"/>certified for use in manufactured homes.</P> <P>(i) Provided, however, that a new product certification may be obtained by testing randomly selected panels which were produced on any day following the date of production of the tested panels. If such panels pass the air chamber test specified in § 3280.406, then the plywood or particleboard produced on that day and subsequent days may be used and certified for use in manufactured homes.</P> <P>(ii) Provided further, that plywood or particleboard produced on the same day as the tested panels, and panels produced on subsequent days, if not certified pursuant to paragraph (b)(4)(i) of this section, may be used in manufactured homes only under the following circumstances:</P> <P>(A) Each panel is treated with a scavenger, sealant, or other means of reducing formaldehyde emissions which does not adversely affect the structural quality of the product; and</P> <P>(B) Panels randomly selected from the treated panels are tested by and pass the air chamber test specified in § 3280.406.</P> <P>(c) <E T="03">Panel identification.</E> Each plywood and particleboard panel to be installed in manufactured homes which is bonded or coated with a resin system containing formaldehyde, other than an exclusively phenol-formaldehyde resin system, shall be stamped or labeled so as to identify the product manufacturer, date of production and/or lot number, and the testing laboratory certifying compliance with this section.</P> <P>(d) <E T="03">Treatment after certification.</E> If certified plywood or particleboard subsequently is treated with paint, varnish, or any other substance containing formaldehyde, then the certification is no longer valid. In such a case, each stamp or label placed on the panels pursuant to paragraph (c) of this section must be obliterated. In addition, the treated panels may be recertified and reidentified in accordance with paragraphs (b) and (c) of this section.</P> <CITA>[49 FR 32011, Aug. 9, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.309</SECTNO> <SUBJECT>Health Notice on formaldehyde emissions.</SUBJECT> <P>(a) Each manufactured home shall have a Health Notice on formaldehyde emissions prominently displayed in a temporary manner in the kitchen (i.e., countertop or exposed cabinet face). The Notice shall read as follows:</P> <EXTRACT> <HD SOURCE="HD1">Important Health Notice</HD> <P>Some of the building materials used in this home emit formaldehyde. Eye, nose, and throat irritation, headache, nausea, and a variety of asthma-like symptoms, including shortness of breath, have been reported as a result of formaldehyde exposure. Elderly persons and young children, as well as anyone with a history of asthma, allergies, or lung problems, may be at greater risk. Research is continuing on the possible long-term effects of exposure to formaldehyde.</P> <P>Reduced ventilation resulting from energy efficiency standards may allow formaldehyde and other contaminants to accumulate in the indoor air. Additional ventilation to dilute the indoor air may be obtained from a passive or mechanical ventilation system offered by the manufacturer. Consult your dealer for information about the ventilation options offered with this home.</P> <P>High indoor temperatures and humidity raise formaldehyde levels. When a home is to be located in areas subject to extreme summer temperatures, an air-conditioning system can be used to control indoor temperature levels. Check the comfort cooling certificate to determine if this home has been equipped or designed for the installation of an air-conditioning system.</P> <P>If you have any questions regarding the health effects of formaldehyde, consult your doctor or local health department.</P> </EXTRACT> <P>(b) The Notice shall be legible and typed using letters at least <FR>1/4</FR> inch in size. The title shall be typed using letters at least <FR>3/4</FR> inch in size.</P> <P>(c) The Notice shall not be removed by any party until the entire sales transaction has been completed (refer to part 3282—Manufactured Home Procedural and Enforcement Regulations for provisions regarding a sales transaction).</P> <P>(d) A copy of the Notice shall be included in the Consumer Manual (refer to part 3283—Manufactured Home Consumer Manual Requirements).</P> <CITA>[49 FR 32012, Aug. 9, 1984, as amended at 54 FR 46049, Nov. 1, 1989; 58 FR 55007, Oct. 25, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="135"/> <HD SOURCE="HED">Subpart E—Testing</HD> <SECTION> <SECTNO>§ 3280.401</SECTNO> <SUBJECT>Structural load tests.</SUBJECT> <P>Every structural assembly tested shall be capable of meeting the Proof Load Test or the Ultimate Load Test as follows:</P> <P>(a) <E T="03">Proof load tests.</E> Every structural assembly tested shall be capable of sustaining its dead load plus superimposed live loads equal to 1.75 times the required live loads for a period of 12 hours without failure. Tests shall be conducted with loads applied and deflections recorded in <FR>1/4</FR> design live load increments at 10-minute intervals until 1.25 times design live load plus dead load has been reached. Additional load shall then be applied continuously until 1.75 times design live load plus dead load has been reached. Assembly failure shall be considered as design live load deflection (or residual deflection measured 12 hours after live load removal) which is greater than the limits set in § 3280.305(d), rupture, fracture, or excessive yielding. An assembly to be tested shall be of the minimum quality of materials and workmanship of the production. Each test assembly, component or subassembly shall be identified as to type and quality or grade of material. All assemblies, components or subassemblies qualifying under this section shall be subject to a continuing qualification testing program acceptable to the Department.</P> <P>(b) <E T="03">Ultimate load tests.</E> Ultimate load tests shall be performed on a minimum of three assemblies or components to generally evaluate the structural design. Every structural assembly or component tested shall be capable of sustaining its total dead load plus the design live load increased by a factor of safety of at least 2.5. A factor of safety greater than 2.5 shall be used when required by an applicable reference standard in § 3280.304(b)(1). Tests shall be conducted with loads applied and deflections recorded in <FR>1/4</FR> design live load increments at 10-minute intervals until 1.25 times design live load plus dead load has been reached. Additional loading shall then be applied continuously until failure occurs or the total of the factor of safety times the design live load plus the dead load is reached. Assembly failure shall be considered as design live load deflection greater than the limits set in § 3208.305(d), rupture, fracture, or excessive yielding. Assemblies to be tested shall be representative of average quality or materials and workmanship of the production. Each test assembly, component, or sub-assembly shall be identified as to type and quality or grade of material. All assemblies, components, or sub-assemblies qualifying under this section shall be subject to a periodic qualification testing program acceptable to the Department.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55007, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.402</SECTNO> <SUBJECT>Test procedure for roof trusses.</SUBJECT> <P>(a) <E T="03">Roof load tests.</E> The following is an acceptable test procedure, consistent with the provisions of § 3280.401, for roof trusses that are supported at the ends and support design loads. Where roof trusses act as support for other members, act as cantilevers, or support concentrated loads, they shall be tested accordingly.</P> <P>(b) <E T="03">General.</E> Trusses may be tested in pairs or singly in a suitable test facility. When tested singly, simulated lateral support of the test assembly may be provided, but in no case shall this lateral support exceed that which is specified for the completed manufactured home. When tested in pairs, the trusses shall be spaced at the design spacing and shall be mounted on solid support accurately positioned to give the required clear span distance (L) as specified in the design. The top and bottom chords shall be braced and covered with the material, with connections or method of attachment, as specified by the completed manufactured home.</P> <P>(1) As an alternate test procedure, the top chord may be sheathed with <FR>1/4</FR> inch by 12 inch plywood strips. The plywood strips shall be at least long enough to cover the top chords of the trusses at the designated design truss spacing. Adjacent plywood strips must be separated by at least <FR>1/8</FR> inch. The plywood strip shall be nailed with 4d nails or equivalent staples not closer than 8 inches on center along the top <PRTPAGE P="136"/>chord. The bottom chords of the adjacent trusses may be either:</P> <P>(i) Unbraced,</P> <P>(ii) Laterally braced together (not cross braced) with 1″×2″ stripping not closer than 24 inches on center nailed with only one 6d nail at each truss, or</P> <P>(iii) Covered with the material, with connections or methods of attachment, as specified for the completed manufactured home.</P> <P>(2) Truss deflections will be measured relative to a taut wire running over the support and weighted at the end to insure constant tension or other approved methods. Deflections will be measured at the two quarter points and at midspan. Loading shall be applied to the top chord through a suitable hydraulic, pneumatic, or mechanical system, masonry units, or weights to simulate design loads. Load units for uniformly distributed loads shall be separated so that arch action does not occur, and shall be spaced not greater than 12 inches on center so as to simulate uniform loading.</P> <P>(c) <E T="03">Nondestructive test procedure—</E>(1) <E T="03">Dead load plus live load.</E> (i) Noting figure A-1, measure and record initial elevation of the truss in test position at no load.</P> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="137"/> <GID>EC17OC91.008</GID> </GPH> <P>(ii) Apply load units to the top chord of the truss equal to the full dead load of roof and ceiling. Measure and record deflections.</P> <P>(iii) Maintaining the dead load, add live load in approximate <FR>1/4</FR> design live load increments. Measure the deflections after each loading increment. <PRTPAGE P="138"/>Apply incremental loads at a uniform rate such that approximately one-half hour is required to establish the total design load condition. Measure and record the deflections five minutes after loads have been applied. The maximum deflection due to design live load (deflection measured in step (iii) minus step (ii)) shall not exceed L/180, where L is a clear span measured in the same units.</P> <P>(iv) Continue to load truss to dead load plus 1.75 times the design live load. Maintain this loading for 12 hours and inspect the truss for failure.</P> <P>(v) Remove the total superimposed live load. Trusses not recovering to at least the L/180 position within 12 hours shall be considered as failing.</P> <P>(2) <E T="03">Uplift loads.</E> This test shall only be required for truss designs which may be critical under uplift load conditions.</P> <P>(i) Measure and record initial elevation of the truss in an inverted test position at no load. Bottom chord of the truss shall be mounted in the horizontal position.</P> <P>(ii) Apply the uplift load as stated in § 3280.305(c) to the bottom chord of the truss. Measure and record the deflections 5 minutes after the load has been applied.</P> <P>(iii) Continue to load the truss to 1.75 times the design uplift load. Maintain this load for 3 hours and inspect the truss for failure.</P> <P>(iv) Remove applied loads and within three hours the truss must recover to at least L/180 position, where L is a clear span measured in the same units.</P> <P>(d) <E T="03">Destructive test procedure.</E> (1) Destructive tests shall be performed on three trusses to generally evaluate the truss design.</P> <P>(2) Noting figure A-1, apply the load units to the top chord of the truss assembly equal to full dead load of roof and ceiling. Measure and record deflections. Then apply load and record deflections in <FR>1/4</FR> design live load increments at 10-minute intervals until 1.25 times design live load plus dead load has been reached.</P> <P>(3) Additional loading shall then be applied continuously until failure occurs or the factor of safety times the design live load plus the dead load is reached.</P> <P>(4) Assembly failure shall be considered as design live load deflection greater than the limits set in § 3280.305(d), rupture, fracture, or excessive yielding.</P> <P>(5) The assembly shall be capable of sustaining the dead load plus the applicable factor of safety times the design live load (the applicable factor of safety for wood trusses shall be taken as 2.50).</P> <P>(e) Trusses qualifying under the nondestructive test procedure. Tests § 3208.402(c) (1) and (2) (when required), shall be subject to a continuing qualification testing program acceptable to the Department. Trusses qualifying under the destructive test procedures, Tests § 3280.402 (c)(2) (when required), and (d), shall be subject to periodic tests only.</P> <CITA>[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977. Redesignated at 44 FR 20679. Apr. 6, 1979, as amended at 58 FR 55008, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.403</SECTNO> <SUBJECT>Standard for windows and sliding glass doors used in manufactured homes.</SUBJECT> <P>(a) <E T="03">Scope.</E> This section sets the requirements for prime windows and sliding glass doors except for windows used in entry doors. Windows so mounted are components of the door and thus are excluded from this standard.</P> <P>(b) <E T="03">Standard.</E> All primary windows and sliding glass doors shall comply with AAMA Standard 1701.2-1985, Primary Window and Sliding Glass Door Voluntary Standard for Utilization in Manufactured Housing, except that by January 17, 1995, the exterior and interior pressure tests shall be conducted at the design wind loads required for components and cladding specified in § 3280.305(c)(1).</P> <P>(c) <E T="03">Installation.</E> All primary windows and sliding glass doors shall be installed in a manner which allows proper operation and provides protection against the elements (<E T="03">see</E> § 3280.307).</P> <P>(d) <E T="03">Glass.</E> (1) Safety glazing materials, where used, shall meet ANSI Z97.1-1984, “Safety Performance Specifications and Methods of Test for Safety Glazing Materials Used in Buildings.”<PRTPAGE P="139"/> </P> <P>(2) Sealed insulating glass, where used, shall meet all performance requirements for Class C in accordance with ASTM E-774-92, Standard Specification for Sealed Insulating Glass Units. The sealing system shall be qualified in accordance with ASTM E-773-88 Standard Test Methods for Seal Durability of Sealed Insulating Glass Units. Each glass unit shall be permanently identified with the name of the insulating glass manufacturer.</P> <P>(e) <E T="03">Certification.</E> All primary windows and sliding glass doors to be installed in manufactured homes shall be certified as complying with AAMA Standard 1701.2-1985. As of January 17, 1995, this certification must be based on tests conducted at the design wind loads specified in § 3280.305(c)(1).</P> <P>(1) All such windows and doors shall show evidence of certification by affixing a quality certification label to the product in accordance with ANSI Z34.1-1987, “For Certification-Third-Party Certification Program.”</P> <P>(2) In determining certifiability of the products, an independent quality assurance agency shall conduct preproduction specimen tests in accordance with AAMA 1702.2-1985. Further, such agency shall inspect the product manufacturer's facility at least twice per year.</P> <P>(f) <E T="03">Protection of primary window and sliding glass door openings in high wind areas.</E> For homes designed to be located in Wind Zones II and III, manufacturers shall design exterior walls surrounding the primary window and sliding glass door openings to allow for the installation of shutters or other protective covers, such as plywood, to cover these openings. Although not required, the Department encourages manufacturers to provide the shutters or protective covers and to install receiving devices, sleeves, or anchors for fasteners to be used to secure the shutters or protective covers to the exterior walls. If the manufacturer does not provide shutters or other protective covers to cover these openings, the manufacturer must provide to the homeowner instructions for at least one method of protecting primary window and sliding glass door openings. This method must be capable of resisting the design wind pressures specified in § 3280.305 without taking the home out of conformance with the standards in this part. These instructions must be included in the printed instructions that accompany each manufactured home. The instructions shall also indicate whether receiving devices, sleeves, or anchors, for fasteners to be used to secure the shutters or protective covers to the exterior walls, have been installed or provided by the manufacturer.</P> <CITA>[52 FR 4583, Feb. 12, 1987, as amended at 52 FR 35543, Sept. 22, 1987; 58 FR 55009, Oct. 25, 1993; 59 FR 2474, Jan. 14, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.404</SECTNO> <SUBJECT>Standard for egress windows and devices for use in manufactured homes.</SUBJECT> <P>(a) <E T="03">Scope and purpose.</E> The purpose of this section is to establish the requirements for the design, construction, and installation of windows and approved devices intended to be used as an emergency exit during conditions encountered in a fire or similar disaster.</P> <P>(b) <E T="03">Performance.</E> Egress windows including auxiliary frame and seals, if any, shall meet all requirements of AAMA Standard 1701.2-1985, Primary Window and Sliding Glass Door Voluntary Standard for Utilization in Manufactured Housing and AAMA Standard 1704-1985, Voluntary Standard Egress Window Systems for Utilization in Manufactured—Housing, except that by January 17, 1995, the exterior and interior pressure tests for components and cladding shall be conducted at the design wind loads required by § 3280.305(c)(1).</P> <P>(c) <E T="03">Installation.</E> (1) The installation of egress windows or devices shall be installed in a manner which allows for proper operation and provides protection against the elements. (<E T="03">See</E> § 3280.307.)</P> <P>(2) An operational check of each installed egress window or device shall be made at the manufactured home factory. All egress windows and devices shall be openable to the minimum required dimension without binding or requiring the use of tools. Any window or device failing this check shall be repaired or replaced. A repaired window shall conform to its certification. Any repaired or replaced window or device shall pass the operational check.<PRTPAGE P="140"/> </P> <P>(d) <E T="03">Operating instructions.</E> Operating instructions shall be affixed to each egress window and device and carry the legend “Do Not Remove.”</P> <P>(e) <E T="03">Certification of egress windows and devices.</E> Egress windows and devices shall be listed in accordance with the procedures and requirements of AAMA Standard 1704-1985. As of January 17, 1995, this certification must be based on tests conducted at the design wind loads specified in § 3280.305(c)(1).</P> <P>(f) <E T="03">Protection of egress window openings in high wind areas.</E> For homes designed to be located in Wind Zones II and III, manufacturers shall design exterior walls surrounding the egress window openings to allow for the installation of shutters or other protective covers, such as plywood, to cover these openings. Although not required, the Department encourages manufacturers to provide the shutters or protective covers and to install receiving devices, sleeves, or anchors for fasteners to be used to secure the shutters or protective covers to the exterior walls. If the manufacturer does not provide shutters or other protective covers to cover these openings, the manufacturer must provide to the homeowner instructions for at least one method of protecting egress window openings. This method must be capable of resisting the design wind pressures specified in § 3280.305 without taking the home out of conformance with the standards in this part. These instructions must be included in the printed instructions that accompany each manufactured home. The instructions shall also indicate whether receiving devices, sleeves, or anchors, for fasteners to be used to secure the shutters or protective covers to the exterior walls, have been installed or provided by the manufacturer.</P> <CITA>[52 FR 4583, Feb. 12, 1987, as amended at 59 FR 2474, Jan. 14, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.405</SECTNO> <SUBJECT>Standard for swinging exterior passage doors for use in manufactured homes.</SUBJECT> <P>(a) <E T="03">Introduction.</E> This standard applies to all exterior passage door units, excluding sliding doors and doors used for access to utilities and compartments. This standard applies only to the door frame consisting of jambs, head and sill and the attached door or doors.</P> <P>(b) <E T="03">Performance requirements.</E> The design and construction of exterior door units shall meet all requirements of AAMA 1702.2-1985, Swinging Exterior Passage Doors Voluntary Standard for Utilization in Manufactured—Housing.</P> <P>(c) <E T="03">Materials and methods.</E> Any material or method of construction shall conform to the performance requirements as outlined in paragraph (b) of this section. Wood materials or wood based materials shall also conform to the following:</P> <P>(1) <E T="03">Wood.</E> Doors shall conform to the type 1 requirements of ANSI/NWWDA I.S.1-87, Wood Flush Doors.</P> <P>(2) <E T="03">Plywood.</E> Plywood shall be exterior type and preservative treated in accordance with NWWDA I.S.4-81, Water Repellent Preservative Non-Pressure Treatment for Millwork.</P> <P>(d) <E T="03">Exterior doors.</E> All swinging exterior doors shall be installed in a manner which allows proper operation and provides protection against the elements (<E T="03">see</E> § 3280.307).</P> <P>(e) <E T="03">Certification.</E> All swinging exterior doors to be installed in manufactured homes shall be certified as complying with AAMA Standard 1702.2-1985.</P> <P>(1) All such doors shall show evidence of certification by affixing a quality certification label to the product in accordance with ANSI Z34.1-1982, “For Certification-Third-Party Certification Program.”</P> <P>(2) In determining certifiability of the products, an independent quality assurance agency shall conduct preproduction specimen test in accordance with AAMA 1701.2-1985. Further, such agency shall inspect the product manufacturer's facility at least twice per year.</P> <P>(f) <E T="03">Protection of exterior doors in high wind areas.</E> For homes designed to be located in Wind Zones II and III, manufacturers shall design exterior walls surrounding the exterior door openings to allow for the installation of shutters or other protective covers, such as plywood, to cover these openings. Although not required, the Department encourages manufacturers to provide the shutters or protective covers and to install receiving devices, sleeves, or <PRTPAGE P="141"/>anchors for fasteners to be used to secure the shutters or protective covers to the exterior walls. If the manufacturer does not provide shutters or other protective covers to cover these openings, the manufacturer must provide to the homeowner instructions for at least one method of protecting exterior door openings. This method must be capable of resisting the design wind pressures specified in § 3280.305 without taking the home out of conformance with the standards in this part. These instructions must be included in the printed instructions that accompany each manufactured home. The instructions shall also indicate whether receiving devices, sleeves, or anchors, for fasteners to be used to secure the shutters or protective covers to the exterior walls, have been installed or provided by the manufacturer.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4583, Feb. 12, 1987; 52 FR 35543, Sept. 22, 1987; 58 FR 55009, Oct. 25, 1993; 59 FR 2474, Jan. 14, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.406</SECTNO> <SUBJECT>Air chamber test method for certification and qualification of formaldehyde emission levels.</SUBJECT> <P>(a) <E T="03">Preconditioning.</E> Preconditioning of plywood or particleboard panels for air chamber tests shall be initiated as soon as practicable but not in excess of 30 days after the plywood or particleboard is produced or surface-finished, whichever is later, using randomly selected panels.</P> <P>(1) If preconditioning is to be initiated more than two days after the plywood or particleboard is produced or surface-finished, whichever is later, the panels must be dead-stacked or air-tight wrapped until preconditioning is initiated.</P> <P>(2) Panels selected for testing in the air chamber shall not be taken from the top or botton of the stack.</P> <P>(b) <E T="03">Testing.</E> Testing shall be conducted in accordance with the Standard Test Method for Determining Formaldehyde Levels from Wood Products Under Defined Test Conditions Using a Large Chamber, ASTM E-1333-90, with the following exceptions:</P> <P>(1) The chamber shall be operated indoors.</P> <P>(2) Plywood and particleboard panels shall be individually tested in accordance with the following loading ratios:</P> <P>(i) Plywood—0.29 Ft2/Ft3, and</P> <P>(ii) Particleboard—0.13 Ft2/Ft3.</P> <P>(3) Temperature to be maintained inside the chamber shall be 77° plus or minus 2 °F.</P> <P>(4) The test concentration (C) shall be standardized to a level (C<E T="52">O</E>) at a temperature (t<E T="52">O</E>) of 77 °F and 50% relative humidity (H<E T="52">O</E>) by the following formula: </P> <FP SOURCE="FP-1">C = C<E T="52">O</E> × [1 + Ax (H − H<E T="52">O</E>)] × e<E T="51">−R(1 / t − 1 / t O)</E> </FP> <EXTRACT> <FP>where:</FP> <FP SOURCE="FP-1">C = Test formaldehyde concentration</FP> <FP SOURCE="FP-1">C<E T="52">O</E> = Standardized formaldehyde concentration</FP> <FP SOURCE="FP-1">e = Natural log base</FP> <FP SOURCE="FP-1">R = Coefficient of temperature (9799)</FP> <FP SOURCE="FP-1">t = Actual test condition temperature (<E T="51">O</E> K)</FP> <FP SOURCE="FP-1">t<E T="52">O</E> = Standardized temperature (<E T="51">O</E> K)</FP> <FP SOURCE="FP-1">A = Coefficient of humidity (0.0175)</FP> <FP SOURCE="FP-1">H = Actual relative humidity (%)</FP> <FP SOURCE="FP-1">H<E T="52">O</E> = Standardized relative humidity (%)</FP> </EXTRACT> <FP>The standardized level (C<E T="52">O</E>) is the concentration used to determine compliance with § 3280.308(a).</FP> <P>(5) The air chamber shall be inspected and recalibrated at least annually to insure its proper operation under test conditions.</P> <CITA>[49 FR 32012, Aug. 9, 1984, as amended at 58 FR 55009, Oct. 25, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Thermal Protection</HD> <SECTION> <SECTNO>§ 3280.501</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This subpart sets forth the requirements for condensation control, air infiltration, thermal insulation and certification for heating and comfort cooling.</P> </SECTION> <SECTION> <SECTNO>§ 3280.502</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) The following definitions are applicable to subpart F only:</P> <P>(1) <E T="03">Pressure envelope</E> means that primary air barrier surrounding the living space which serves to limit air leakage. In construction using ventilated cavities, the pressure envelope is the interior skin.</P> <P>(2) <E T="03">Thermal envelope area</E> means the sum of the surface areas of outside walls, ceiling and floor, including all openings. The wall area is measured by <PRTPAGE P="142"/>multiplying outside wall lengths by the inside wall height from floor to ceiling. The floor and ceiling areas are considered as horizontal surfaces using exterior width and length.</P> </SECTION> <SECTION> <SECTNO>§ 3280.503</SECTNO> <SUBJECT>Materials.</SUBJECT> <P>Materials used for insulation shall be of proven effectiveness and adequate durability to assure that required design conditions concerning thermal transmission are attained.</P> </SECTION> <SECTION> <SECTNO>§ 3280.504</SECTNO> <SUBJECT>Condensation control and installation of vapor retarders.</SUBJECT> <P>(a) <E T="03">Ceiling vapor retarders.</E> (1) In Uo Value Zones 2 and 3, ceilings shall have a vapor retarder with a permanence of not greater than 1 perm (as measured by ASTM E-96-93 Standard Test Methods for Water Vapor Transmission of Materials) installed on the living space side of the roof cavity.</P> <P>(2) For manufactured homes designed for Uo Value Zone 1, the vapor retarder may be omitted.</P> <P>(b) <E T="03">Exterior walls.</E> (1) Exterior walls shall have a vapor barrier not greater than 1 perm (dry cup method) installed on the living space side of the wall, or</P> <P>(2) Unventilated wall cavities shall have an external covering and/or sheathing which forms the pressure envelope. The covering and/or sheathing shall have a combined permeance of not less than 5.0 perms. In the absence of test data, combined permeance may be computed using the formula: </P> <FP SOURCE="FP-1"> <E T="03">P</E> <E T="52">Total</E>=(1/[(1/<E T="03">P</E> <E T="52">1</E>)+(1/<E T="03">P</E> <E T="52">2</E>)])</FP> <EXTRACT> <FP>where <E T="03">P</E> <E T="52">1</E> and <E T="03">P</E> <E T="52">2</E> are the permeance values of the exterior covering and sheathing in perms.</FP> </EXTRACT> <FP>Formed exterior siding applied in sections with joints not caulked or sealed shall not be considered to restrict water vapor transmission, or</FP> <P>(3) Wall cavities shall be constructed so that ventilation is provided to dissipate any condensation occurring in these cavities.</P> <P>(c) <E T="03">Attic or roof ventilation.</E> (1) Attic and roof cavities shall be vented in accordance with one of the following:</P> <P>(i) A minimum free ventilation area of not less than 1/300 of the attic or roof cavity floor area. At least 50 percent of the required free ventilation area shall be provided by ventilators located in the upper portion of the space to be ventilated. At least 40 percent shall be provided by eave, soffit or low gable vents. The location and spacing of the vent openings and ventilators shall provide cross-ventilation to the entire attic or roof cavity space. A clear air passage space having a minimum height of 1 inch shall be provided between the top of the insulation and the roof sheathing or roof covering. Baffles or other means shall be provided where needed to insure the 1 inch height of the clear air passage space is maintained.</P> <P>(ii) A mechanical attic or roof ventilation system may be installed instead of providing the free ventilation area when the mechanical system provides a minimum air change rate of 0.02 cubic feet per minute (cfm) per sq. ft. of attic floor area. Intake and exhaust vents shall be located so as to provide air movement throughout space.</P> <P>(2) Single section manufactured homes constructed with metal roofs and having no sheathing or underlayment installed, are not required to be provided with attic or roof cavity ventilation provided that the air leakage paths from the living space to the roof cavity created by electrical outlets, electrical junctions, electrical cable penetrations, plumbing penetrations, flue pipe penetrations and exhaust vent penetrations are sealed.</P> <P>(3) Parallel membrane roof section of a closed cell type construction are not required to be ventilated.</P> <P>(4) The vents provided for ventilating attics and roof cavities shall be designed to resist entry of rain and insects.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55009, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.505</SECTNO> <SUBJECT>Air infiltration.</SUBJECT> <P>(a) <E T="03">Envelope air infiltration.</E> The opaque envelope shall be designed and constructed to limit air infiltration to the living area of the home. Any design, material, method or combination thereof which accomplishes this goal may be used. The goal of the infiltration control criteria is to reduce heat loss/heat gain due to infiltration as much as possible without impinging on <PRTPAGE P="143"/>health and comfort and within the limits of reasonable economics.</P> <P>(1) <E T="03">Envelope penetrations.</E> Plumbing, mechanical and electrical penetrations of the pressure envelope not exempted by this part, and installations of window and door frames shall be constructed or treated to limit air infiltration. Penetrations of the pressure envelope made by electrical equipment, other than distribution panel boards and cable and conduit penetrations, are exempt from this requirement. Cable penetrations through outlet boxes are considered exempt.</P> <P>(2) <E T="03">Joints between major envelope elements.</E> Joints not designed to limit air infiltration between wall-to-wall, wall-to-ceiling and wall-to-floor connections shall be caulked or otherwise sealed. When walls are constructed to form a pressure envelope on the outside of the wall cavity, they are deemed to meet this requirement.</P> </SECTION> <SECTION> <SECTNO>§ 3280.506</SECTNO> <SUBJECT>Heat loss/heat gain.</SUBJECT> <P>The manufactured home heat loss/heat gain shall be determined by methods outlined in §§ 3280.508 and 3280.509. The Uo (Coefficient of heat transmission) value zone for which the manufactured home is acceptable and the lowest outdoor temperature to which the installed heating equipment will maintain a temperature of 70 F shall be certified as specified in § 3280.510 of this subpart. The Uo value zone shall be determined from the map in figure 506.</P> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="144"/> <GID>EC17OC91.005</GID> </GPH> <P>(a) <E T="03">Coefficient of heat transmission.</E> The overall coefficient of heat transmission (Uo) of the manufactured home for the respective zones and an indoor design temperature of 70 F, including internal and external ducts, and excluding infiltration, ventilation and condensation control, shall not exceed <PRTPAGE P="145"/>the Btu/(hr.) (sq. ft.) (F) of the manufactured home envelope are as tabulated below:</P> <GPOTABLE CDEF="s10,r84" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Uo value zone</CHED> <CHED H="1">Maximum coefficient of heat transmission</CHED> </BOXHD> <ROW> <ENT I="01">1</ENT> <ENT>0.116 Btu/(hr.) (sq. ft.) (F).</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>0.096 Btu/(hr.) (sq. ft.) (F).</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>0.079 Btu/(hr.) (sq. ft.) (F).</ENT> </ROW> </GPOTABLE> <P>(b) To assure uniform heat transmission in manufactured homes, cavities in exterior walls, floors, and ceilings shall be provided with thermal insulation.</P> <P>(c) Manufactured homes designed for Uo Value Zone 3 shall be factory equipped with storm windows or insulating glass.</P> <CITA>[58 FR 55009, Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.507</SECTNO> <SUBJECT>Comfort heat gain.</SUBJECT> <P>Information necessary to calculate the home cooling load shall be provided as specified in this part.</P> <P>(a) <E T="03">Transmission heat gains.</E> Homes complying with this section shall meet the minimum heat loss transmission coefficients specified in § 3280.506(a).</P> </SECTION> <SECTION> <SECTNO>§ 3280.508</SECTNO> <SUBJECT>Heat loss, heat gain and cooling load calculations.</SUBJECT> <P>(a) Information, values and data necessary for heat loss and heat gain determinations shall be taken from the 1989 ASHRAE Handbook of Fundamentals, chapters 20 through 27. The following portions of those chapters are not applicable: </P> <EXTRACT> <FP SOURCE="FP-1">21.1Steel Frame Construction</FP> <FP SOURCE="FP-1">21.2Masonry Construction</FP> <FP SOURCE="FP-1">21.3Floor Systems</FP> <FP SOURCE="FP-1">21.14Pipes</FP> <FP SOURCE="FP-1">21.16Tanks, Vessels and Equipment</FP> <FP SOURCE="FP-1">21.17Refrigerated Rooms and Buildings</FP> <FP SOURCE="FP-1">22.15Mechanical and Industrial Systems</FP> <FP SOURCE="FP-1">23.13Commercial Building Envelope Leakage</FP> <FP SOURCE="FP-1">25.4Calculation of Heat Loss from Crawl Spaces</FP> </EXTRACT> <P>(b) The calculation of the manufactured home's transmission heat loss coefficient (Uo) shall be in accordance with the fundamental principals of the 1989 ASHRAE Handbook of Fundamentals and, at a minimum, shall address all the heat loss or heat gain considerations in a manner consistent with the calculation procedures provided in the document Overall U-values and Heating/Cooling Loads-Manufactured Homes—February 1992-PNL 8006, HUD User No. 0005945.</P> <P>(c) Areas where the insulation does not fully cover a surface or is compressed shall be accounted for in the U-calculation (see § 3280.506). The effect of framing on the U-value must be included in the Uo calculation. Other low-R-value heat-flow paths (“thermal shorts”) shall be explicitly accounted for in the calculation of the transmission heat loss coefficient if in the aggregate all types of low-R-value paths amount to more than 1% of the total exterior surface area. Areas are considered low-R-value heat-flow paths if:</P> <P>(1) They separate conditioned and unconditioned space; and</P> <P>(2) They are not insulated to a level that is at least one-half the nominal insulation level of the surrounding building component.</P> <P>(d) <E T="03">High efficiency heating and cooling equipment credit.</E> The calculated transmission heat loss coefficient (Uo) used for meeting the requirement in § 3280.506(a) may be adjusted for heating and cooling equipment above that required by the National Appliance Energy Conservation Act of 1987 (NAECA) by applying the following formula: </P> <FP SOURCE="FP-1">Uo adjusted = Uo standard×[1+(0.6) (heating efficiency increase factor)+(cooling multiplier) (cooling efficiency increase factor)]</FP> <EXTRACT> <FP> where:</FP> <FP SOURCE="FP-1">Uo standard = Maximum Uo for Uo Zone required by § 3280.506(a)</FP> <FP SOURCE="FP-1">Uo adjusted = Maximum Uo standard adjusted for high efficiency HVAC equipment</FP> <FP SOURCE="FP-1">Heating efficiency increase factor = The increase factor in heating equipment efficiency measured by the Annual Fuel Utilization Efficiency (AFUE), or the Heating Seasonal Performance Factor (HSPF) for heat pumps, above that required by NAECA (indicated as “NAECA” in formula). The formula is heating efficiency increase factor = AFUE (HSPF) home − AFUE (or HSPF) NAECA divided by AFUE (HSPF) NAECA.</FP> <FP SOURCE="FP-1">Cooling efficiency increase factor = the increase factor in the cooling equipment efficiency measured by the Seasonal Energy Efficiency Ratio (SEER) above that required by NAECA.<PRTPAGE P="146"/> </FP> <FP SOURCE="FP-1">The formula being cooling equipment=SEER home—SEER NAECA divided by SEER NAECA.</FP> <P>The cooling multiplier for the Uo Zone is from the following table:</P> </EXTRACT> <GPOTABLE CDEF="s10,r84" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Uo zone</CHED> <CHED H="1">Cooling multiplier (Cm)</CHED> </BOXHD> <ROW> <ENT I="01">1</ENT> <ENT>0.60 (Florida only).</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>0.20 (All other locations).</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>0.07.</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>0.03.</ENT> </ROW> </GPOTABLE> <P>(e) U-values for any glazing (windows, skylights, and the glazed portions of any door) shall be based on tests using American Architectural Manufacturers Association (AAMA) 1503.1-1988, Voluntary Test Method for Thermal Transmittance and Condensation Resistance of Windows, Doors and Glazed Wall Sections. In the absence of tests, manufacturers shall use the residential window U values contained in table 13 in chapter 27, the 1989 ASHRAE Handbook of Fundamentals. In the event that the classification of the window type is indeterminate, the manufacturer shall use the classification which gives the higher U value. For the purpose of calculating Uo values, storm windows shall be treated as an additional pane.</P> <P>(f) <E T="03">Annual energy used based compliance.</E> As an alternative, homes may demonstrate compliance with the annual energy used implicit in the coefficient of heat transmission (Uo) requirement. The annual energy use determination must be based on generally accepted engineering practices. The general requirement is to demonstrate that the home seeking compliance approval has a projected annual energy use, including both heating and cooling, less than or equal to a similar “base case” home that meets the standard. The energy use for both homes must be calculated based on the same assumptions; including assuming the same dimensions for all boundaries between conditioned and unconditioned spaces, site characteristics, usage patterns and climate.</P> <CITA>[58 FR 55011, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.509</SECTNO> <SUBJECT>Criteria in absence of specific data.</SUBJECT> <P>In the absence of specific data, for purposes of heat-loss/gain calculation, the following criteria shall be used:</P> <P>(a) <E T="03">Infiltration heat loss.</E> In the absence of measured infiltration heat loss data, the following formula shall be used to calculate heat loss due to infiltration and intermittently operated fans exhausting to the outdoors. The perimeter calculation shall be based on the dimensions of the pressure envelope. </P> <FP SOURCE="FP-1">Infiltration Heat-Loss=0.7 (T) (ft. of perimeter), BTU/hr.</FP> <EXTRACT> <FP SOURCE="FP-1">where: T=70 minus the heating system capacity certification temperature stipulated in the Heating Certificate, in F.</FP> </EXTRACT> <P>(b) <E T="03">Framing areas.</E> </P> <GPOTABLE CDEF="s60,r80" COLS="2" OPTS="L0,6/7"> <ROW> <ENT I="01">Wall</ENT> <ENT>15 percent of wall area less windows and doors.</ENT> </ROW> <ROW> <ENT I="01">Floor and Ceiling</ENT> <ENT>10 percent of the area.</ENT> </ROW> </GPOTABLE> <P>(c) <E T="03">Insulation compression.</E> Insulation compressed to less than nominal thickness shall have its nominal R-values reduced for that area which is compressed in accordance with the following graph:</P> <GPH DEEP="150" SPAN="2"> <PRTPAGE P="147"/> <GID>ec17oc91.006</GID> </GPH> <FP>When insulation is installed over the framing members the thermal performance of the insulation is reduced due to compression at the framing members. The Resistance value of the insulation between the framing members is reduced by 12.5 percent for framing members 16″ O.C., 8.5 percent for framing members 24″ O.C., and 4 percent for framing members 48″ O.C.</FP> <P>(d) <E T="03">Air supply ducts within floor cavity.</E> Air supply ducts located within a floor cavity shall be assumed to be heating or cooling the floor cavity to living space temperatures unless the duct is structurally isolated by the framing system or thermally insulated from the rest of the floor cavity with a thermal insulation at least equal to -R-4.</P> <P>(e) <E T="03">Air supply ducts within ceiling cavity.</E> Where supply ducts are located in ceiling cavities, the influence of the duct on cavity temperatures shall be considered in calculating envelope heat loss or heat gain.</P> <P>(f) The supply duct loss (and/or heat gain where applicable—See § 3280.511) shall be calculated using the actual duct surface area and the actual thickness of insulation between the duct and outside of the manufactured home. If there is an air space of at least <FR>1/2</FR> inch between the duct and the insulation, heat loss/gain need not be calculated if the cavity in which the duct is located is assumed to be at living space temperature. The average temperature inside the supply duct, including ducts installed outside the manufactured home, shall be assumed to be 130 F for purposes of calculation of heat loss and 60 F for heat gain.</P> <P>(g) <E T="03">Return air cavities.</E> Cavities used as return air plenums shall be considered to be at living space temperature.</P> </SECTION> <SECTION> <SECTNO>§ 3280.510</SECTNO> <SUBJECT>Heat loss certificate.</SUBJECT> <P>The manufactured home manufacturer shall permanently affix the following “Certificate” to an interior surface of the home that is readily visible to the homeowner. The “Certificate” shall specify the following:</P> <P>(a) <E T="03">Heating zone certification.</E> The design zone at which the manufactured home heat loss complies with § 3280.506(a).</P> <P>(b) <E T="03">Outdoor certification temperature.</E> The lowest outdoor temperature at which the installed heating equipment will maintain a 70°F temperature inside the home without storm sash or insulating glass for Zones 1 and 2, and with storm sash or insulating glass for Zone 3 and complying with § 3280.508 and § 3280.509.</P> <P>(c) <E T="03">Operating economy certification temperature.</E> The temperature to be specified for operating economy and energy conservation shall be 20°F or 30% of the design temperature difference, whichever is greater, added to the temperature specified as the heating system capacity certification temperature without storm windows or insulating glass in Zones 1 and 2 and with storm windows or insulating glass in Zone 3. Design temperature difference is 70° <PRTPAGE P="148"/>minus the heating system capacity certification temperature in degrees Fahrenheit.</P> <EXTRACT> <HD SOURCE="HD1">HEATING CERTIFICATE</HD> <FP SOURCE="FP-DASH">Home Manufacturer</FP> <FP SOURCE="FP-DASH">Plant Location</FP> <FP SOURCE="FP-DASH">Home Model</FP> <HD SOURCE="HD3">(Include Uo Value Zone Map)</HD> <P>This manufactured home has been thermally insulated to conform with the requirements of the Federal Manufactured Home Construction and Safety Standards for all locations within Uo Value Zone __. </P> <FP SOURCE="FP-DASH">Heating Equipment Manufacturer</FP> <FP SOURCE="FP-DASH">Heating Equipment Model</FP> <P>The above heating equipment has the capacity to maintain an average 70F temperature in this home at outdoor temperatures of [see paragraph (b) of this section] F. To maximize furnace operating economy and to conserve energy, it is recommended that this home be installed where the outdoor winter design temperature (97 1/2%) is not higher than [see paragraph (c) of this section] F degrees Fahrenheit.</P> <P>The above information has been calculated assuming a maximum wind velocity of 15 MPH at standard atmospheric pressure.</P> </EXTRACT> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55011, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.511</SECTNO> <SUBJECT>Comfort cooling certificate and information.</SUBJECT> <P>(a) The manufactured home manufacturer shall permanently affix a “Comfort Cooling Certificate” to an interior surface of the home that is readily visible to the home owner. This certificate may be combined with the heating certificate required in § 3280.510. The manufacturer shall comply with one of the following three alternatives in providing the certificate and additional information concerning the cooling of the manufactured home:</P> <P>(1) <E T="03">Alternative I.</E> If a central air conditioning system is provided by the home manufacturer, the heat gain calculation necessary to properly size the air conditioning equipment shall be in accordance with procedures outlined in chapter 22 of the 1989 ASHRAE Handbook of Fundamentals, with an assumed location and orientation. The following shall be supplied in the Comfort Cooling Certificate: </P> <EXTRACT> <FP SOURCE="FP-DASH">Air Conditioner Manufacturer</FP> <FP SOURCE="FP-DASH">Air Conditioner Model</FP> <P>Certified Capacity ___ BTU/Hr. in accordance with the appropriate Air Conditioning and Refrigeration Institute Standards</P> <P>The central air conditioning system provided with this home has been sized, assuming an orientation of the front (hitch) end of the home facing ___ and is designed on the basis of a 75 °F indoor temperature and an outdoor temperature of _ °F dry bulb and _ °F wet bulb.</P> <HD SOURCE="HD1">Example Alternate I</HD> <HD SOURCE="HD1">COMFORT COOLING CERTIFICATE</HD> <FP SOURCE="FP-DASH">Manufactured Home Mfg</FP> <FP SOURCE="FP-DASH">Plant Location</FP> <FP SOURCE="FP-DASH">Manufactured Home Model</FP> <FP SOURCE="FP-DASH">Air Conditioner Manufacturer</FP> <P>Certified Capacity ___ BTU/Hr. in accordance with the appropriate Air Conditioning and Refrigeration Institute Standards.</P> <P>The central air conditioning system provided with this home has been sized assuming an orientation of the front (hitch end) of the home facing ___. On this basis, the system is designed to maintain an indoor temperature of 75 °F when outdoor temperatures are _ °F dry bulb and _ °F wet bulb.</P> <P>The temperature to which this home can be cooled will change depending upon the amount of exposure of the windows to the sun's radiant heat. Therefore, the home's heat gains will vary dependent upon its orientation to the sun and any permanent shading provided. Information concerning the calculation of cooling loads at various locations, window exposures and shadings are provided in chapter 22 of the 1989 edition of the ASHRAE Handbook of Fundamentals.</P> </EXTRACT> <P>(2) <E T="03">Alternative 2.</E> For each home suitable for a central air cooling system, the manufacturer shall provide the following statement: “This air distribution system of this home is suitable for the installation of a central air conditioning system.”</P> <EXTRACT> <HD SOURCE="HD1">Example Alternate 2</HD> <HD SOURCE="HD1">COMFORT COOLING CERTIFICATE</HD> <FP SOURCE="FP-DASH">Manufactured Home Manufacturer</FP> <FP SOURCE="FP-DASH">Plant Location</FP> <FP SOURCE="FP-DASH">Manufactured Home Model</FP> <P>This air distribution system of this home is suitable for the installation of central air conditioning.</P> <P>The supply air distribution system installed in this home is sized for Manufactured Home Central Air Conditioning System of up to ___ B.T.U./Hr. rated capacity which are certified in accordance with the appropriate Air Conditioning and Refrigeration Institute Standards. When the air <PRTPAGE P="149"/>circulators of such air conditioners are rated at 0.3 inch water column static pressure or greater for the cooling air delivered to the manufactured home supply air duct system.</P> <P>Information necessary to calculate cooling loads at various locations and orientations is provided in the special comfort cooling information provided with this manufactured home.</P> </EXTRACT> <P>(3) <E T="03">Alternative 3.</E> If the manufactured home is not equipped with an air supply duct system, or if the manufacturer elects not to designate the home as being suitable for the installation of a central air conditioning system, the manufacturer shall provide the following statement: “This air distribution system of this home has not been designed in anticipation of its use with a central air conditioning system.”</P> <EXTRACT> <HD SOURCE="HD1">Example Alternate 3</HD> <HD SOURCE="HD1">COMFORT COOLING CERTIFICATE</HD> <FP SOURCE="FP-DASH">Manufactured Home Mfg</FP> <FP SOURCE="FP-DASH">Plant Location</FP> <FP SOURCE="FP-DASH">Manufactured Home Model</FP> <P>The air distribution system of this home has not been designed in anticipation of its use with a central air conditioning system.</P> </EXTRACT> <P>(b) For each home designated as suitable for central air conditioning the manufacturer shall provide the maximum central manufactured home air conditioning capacity certified in accordance with the ARI Standard 210/240-89 Unitary Air-Conditioning and Air-Source Heat Pump Equipment and in accordance with § 3280.715(a)(3). If the capacity information provided is based on entrances to the air supply duct at other than the furnace plenum, the manufacturer shall indicate the correct supply air entrance and return air exit locations.</P> <P>(c) <E T="03">Comfort cooling information.</E> For each manufactured home designated, either “suitable for” or “provided with” a central air conditioning system, the manufacturer shall provide comfort cooling information specific to the manufactured home necessary to complete the cooling load calculations. The comfort cooling information shall include a statement to read as follows: </P> <EXTRACT> <P>To determine the required capacity of equipment to cool a home efficiently and economically, a cooling load (heat gain) calculation is required. The cooling load is dependent on the orientation, location and the structure of the home. Central air conditioners operate most efficiently and provide the greatest comfort when their capacity closely approximates the calculated cooling load. Each home's air conditioner should be sized in accordance with chapter 22 of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Handbook of Fundamentals, 1989 Edition, once the location and orientation are known.</P> <HD SOURCE="HD1">Information Provided by the Manufacturer Necessary to Calculate Sensible Heat Gain</HD> <GPOTABLE CDEF="s25,5" COLS="2" OPTS="L0,7/8,g1,t1,i1"> <ROW> <ENT I="01">Walls (without windows and doors)</ENT> <ENT>U</ENT> </ROW> <ROW> <ENT I="01">Ceilings and roofs of light color</ENT> <ENT>U</ENT> </ROW> <ROW> <ENT I="01">Ceilings and roofs of dark color</ENT> <ENT>U</ENT> </ROW> <ROW> <ENT I="01">Floors</ENT> <ENT>U</ENT> </ROW> <ROW> <ENT I="01">Air ducts in floor</ENT> <ENT>U</ENT> </ROW> <ROW> <ENT I="01">Air ducts in ceiling</ENT> <ENT>U</ENT> </ROW> <ROW> <ENT I="01">Air ducts installed outside the home</ENT> <ENT>U</ENT> </ROW> </GPOTABLE> <FP>Information necessary to calculate duct areas.</FP> </EXTRACT> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55012, Oct. 25, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Plumbing Systems</HD> <SECTION> <SECTNO>§ 3280.601</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>Subpart G of this standard covers the plumbing materials, fixtures, and equipment installed within or on manufactured homes. It is the intent of this subpart to assure water supply, drain, waste and vent systems which permit satisfactory functioning and provide for health and safety under all conditions of normal use.</P> </SECTION> <SECTION> <SECTNO>§ 3280.602</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions are applicable to subpart G only:</P> <P> <E T="03">Accessible,</E> when applied to a fixture, connection, appliance or equipment, means having access thereto, but which may require removal of an access panel or opening of a door.</P> <P> <E T="03">Air gap (water distribution system)</E> means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, water supplied appliances, or other device and the flood level rim of the receptacle.</P> <P> <E T="03">Anti-siphon trap vent device</E> means a device which automatically opens to admit air to a fixture drain above the connection of the trap arm so as to prevent siphonage, and closes tightly when the pressure within the drainage <PRTPAGE P="150"/>system is equal to or greater than atmospheric pressure so as to prevent the escape of gases from the drainage system into the manufactured home.</P> <P> <E T="03">Backflow</E> means the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended sources.</P> <P> <E T="03">Backflow connection</E> means any arrangement whereby backflow can occur.</P> <P> <E T="03">Backflow preventer</E> means a device or means to prevent backflow.</P> <P> <E T="03">Branch</E> means any part of the piping system other than a riser, main or stack.</P> <P> <E T="03">Common vent</E> means a vent connecting at the junction of fixture drains and serving as a vent for more than one fixture.</P> <P> <E T="03">Continuous vent</E> means a vertical vent that is a continuation of the drain to which it connects.</P> <P> <E T="03">Continuous waste</E> means a drain from two or more fixtures connected to a single trap.</P> <P> <E T="03">Critical level</E> means a point established by the testing laboratory (usually stamped on the device by the manufacturer) which determines the minimum elevation above the flood level rim of the fixture or receptacle served on which the device may be installed. When a backflow prevention device does not bear a critical level marking, the bottom of the vacuum breaker, combination valve, or of any such approved or listed device shall constitute the critical level.</P> <P> <E T="03">Cross connection</E> means any physical connection or arrangement between two otherwise separate systems or sources, one of which contains potable water and the other either water, steam, gas or chemical of unknown or questionable safety whereby there may be a flow from one system or source to the other, the direction of flow depending on the pressure differential between the two systems.</P> <P> <E T="03">Developed length</E> means that length of pipe measured along the center line of the pipe and fittings.</P> <P> <E T="03">Diameter,</E> unless otherwise specifically stated, means the nominal (inside) diameter designated commercially.</P> <P> <E T="03">Drain</E> means a pipe that carries waste, water, or water-borne waste in a drainage system.</P> <P> <E T="03">Drain connector</E> means the removable extension, consisting of all pipes, fittings and appurtenances, from the drain outlet to the drain inlet serving the manufactured home.</P> <P> <E T="03">Drain outlet</E> means the lowest end of the main or secondary drain to which a sewer connection is made.</P> <P> <E T="03">Drainage system</E> means all piping within or attached to the structure that conveys sewage or other liquid waste to the drain outlet, not including the drain connector.</P> <P> <E T="03">Fixture drain</E> means the drain from the trap of a fixture to the junction of that drain with any other drain pipe.</P> <P> <E T="03">Fixture supply</E> means the water supply pipe connecting a fixture to a branch water supply pipe or directly to a main water supply pipe.</P> <P> <E T="03">Flood-level</E> means the level in the receptacle over which water would overflow to the outside of the receptacle.</P> <P> <E T="03">Flooded</E> means the condition which results when the liquid in a container or receptacle rises to the flood-level.</P> <P> <E T="03">Flush tank</E> means that portion of a water closet that is designed to contain sufficient water to adequately flush the fixture.</P> <P> <E T="03">Flush valve</E> means a device located at the bottom of a flush tank for flushing a water closet.</P> <P> <E T="03">Flushometer tank:</E> means a device integrated within an air accumulator vessel which is designed to discharge a predetermined quantity of water to fixtures for flushing purposes.</P> <P> <E T="03">Flushometer valve</E> means a device which discharges a predetermined quantity of water to a fixture for flushing purposes and is closed by direct water pressure.</P> <P> <E T="03">Grade</E> means the fall (slope) of a pipe in reference to a horizontal plane expressed in inches per foot length.</P> <P> <E T="03">Horizontal branch</E> means any pipe extending laterally, which receives the discharge from one or more fixture drains and connects to the main drain.</P> <P> <E T="03">Horizontal pipe</E> means any pipe or fitting which makes an angle of not more than 45 degrees with the horizontal.</P> <P> <E T="03">Individual vent</E> means a pipe installed to vent a fixture drain.<PRTPAGE P="151"/> </P> <P> <E T="03">Inlet coupling</E> means the terminal end of the water system to which the water service connection is attached. It may be a swivel fitting or threaded pipe end.</P> <P> <E T="03">Main</E> means the principal artery of the system to which branches may be connected.</P> <P> <E T="03">Main drain</E> means the lowest pipe of a drainage system which receives sewage from all the fixtures within a manufactured home and conducts these wastes to the drain outlet.</P> <P> <E T="03">Main vent</E> means the principal artery of the venting system to which vent branches may be connected.</P> <P> <E T="03">Offset</E> means a combination of pipe and/or fittings that brings one section of the pipe out of line but into a line parallel with the other section.</P> <P> <E T="03">Pitch.</E> See <E T="03">Grade</E>.</P> <P> <E T="03">Plumbing appliance:</E> means any one of a special class of plumbing fixture which is intended to perform a special plumbing function. Its operation and/or control may be dependent upon one or more energized components, such as motors, control, heating elements, or pressure or temperature-sensing elements. Such fixture may operate automatically through one or more of the following actions: A time cycle, a temperature range, a pressure range, a measured volume or weight, or the fixture may be manually adjusted or controlled by the user or operator.</P> <P> <E T="03">Plumbing appurtenance:</E> means a manufactured device, or a prefabricated assembly, or an on-the-job assembly of component parts, and which is an adjunct to the basic piping system and plumbing system and plumbing fixtures. An appurtenance demands no additional water supply, nor does it add any discharge load to a fixture or the drainage system.</P> <P> <E T="03">Plumbing fixtures</E> means receptacles, devices, or appliances which are supplied with water or which receive liquid or liquid-borne wastes for discharge into the drainage system.</P> <P> <E T="03">Plumbing system</E> means the water supply and distribution pipes; plumbing fixtures, faucets and traps; soil, waste and vent pipes; and water-treating or water-using equipment.</P> <P> <E T="03">Primary vent.</E> See <E T="03">main vent</E>.</P> <P> <E T="03">Relief vent</E> means an auxiliary vent which permits additional circulation of air in or between drainage and vent systems.</P> <P> <E T="03">Secondary vent</E> means any vent other than the main vent or those serving each toilet.</P> <P> <E T="03">Sewage</E> means any liquid waste containing animal or vegetable matter in suspension or solution, and may include liquids containing chemicals in solution.</P> <P> <E T="03">Siphonage</E> means the loss of water seal from fixture traps resulting from partial vacuum in the drainage system which may be of either of the following two types, or a combination of the two:</P> <P>(a) Self-siphonage resulting from vacuum in a fixture drain generated solely by the discharge of the fixture served by that drain, or,</P> <P>(b) Induced siphonage resulting from vacuum in the drainage system generated by the discharge of one or more fixtures other than the one under observation.</P> <P> <E T="03">Trap</E> means a fitting or device designed and constructed to provide a liquid seal that will prevent the back passage of air without materially affecting the flow of liquid waste through it.</P> <P> <E T="03">Trap arm</E> means the portion of a fixture drain between a trap and its vent.</P> <P> <E T="03">Trap seal</E> means the verticle depth of liquid that a trap will retain.</P> <P> <E T="03">Vacuum breaker.</E> See <E T="03">backflow preventer</E>.</P> <P> <E T="03">Vent cap</E> means the device or fitting which protects the vent pipe from foreign substance with an opening to the atmosphere equal to the area of the vent it serves.</P> <P> <E T="03">Vent system</E> means that part of a piping installation which provides circulation of air within a drainage system.</P> <P> <E T="03">Vertical pipe</E> means any pipe or fitting which makes an angle of not more than 45 degrees with the vertical.</P> <P> <E T="03">Water closet drain</E> means that part of the drainage piping which receives the discharge from each individual water closet.</P> <P> <E T="03">Water connection</E> means the fitting or point of connection for the manufactured home water distribution system designed for connection to a water supply.</P> <P> <E T="03">Water connector</E> means the removable extension connecting the manufactured home water distribution system to the water supply.<PRTPAGE P="152"/> </P> <P> <E T="03">Water distribution system</E> means potable water piping within or permanently attached to the manufactured home.</P> <P> <E T="03">Wet vent</E> means a vent which also serves as a drain for one or more fixtures.</P> <P> <E T="03">Wet vented drainage system</E> means the specially designed system of drain piping that also vents one or more plumbing fixtures by means of a common waste and vent pipe.</P> <P> <E T="03">Whirlpool bathtub</E> means a plumbing appliance consisting of a bathtub fixture which is equipped and fitted with a circulation piping system, pump, and other appurtenances and is so designed to accept, circulate, and discharge bathtub water upon each use.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4584, Feb. 12, 1987; 52 FR 47553, Dec. 15, 1987; 58 FR 55012, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.603</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) <E T="03">Minimum requirements.</E> Any plumbing system installed in a manufactured home shall conform, at least, with the provisions of this subpart.</P> <P>(1) <E T="03">General.</E> The plumbing system shall be of durable material, free from defective workmanship, and so designed and constructed as to give satisfactory service for a reasonable life expectancy.</P> <P>(2) <E T="03">Conservation.</E> Water closets shall be selected and adjusted to use the minimum quantity of water consistent with proper performance and cleaning.</P> <P>(3) <E T="03">Connection to drainage system.</E> All plumbing, fixtures, drains, appurtenances, and appliances designed or used to receive or discharge liquid waste or sewage shall be connected to the manufactured home drainage system in a manner provided by this standard.</P> <P>(4) <E T="03">Workmanship.</E> All design, construction, and workmanship shall be in conformance with accepted engineering practices and shall be of such character as to secure the results sought to be obtained by this standard.</P> <P>(5) <E T="03">Components</E>. Plumbing materials, devices, fixtures, fittings, equipment, appliances, appurtenance, and accessories intended for use in or attached to a manufactured home shall conform to one of the applicable standards referenced in § 3280.604. Where an applicable standard is not referenced, or an alternative recognized standard is utilized, the plumbing component shall be listed by a nationally recognized testing laboratory, inspection agency or other qualified organization as suitable for the intended use.</P> <P>(6) <E T="03">Prohibited fittings and practices.</E> (i) Drainage or vent piping shall not be drilled and tapped for the purpose of making connections.</P> <P>(ii) Except as specifically provided elsewhere in this standard, vent pipes shall not be used as waste or drain pipes.</P> <P>(iii) Fittings, connections, devices, or methods of installation that obstruct or retard the flow of sewage, or air in the drainage or venting systems in an amount greater than the normal frictional resistance to flow shall not be used unless their use is acceptable in this standard or their use is accepted as having a desirable and acceptable function of ultimate benefit to the proper and continued functioning of the plumbing system.</P> <P>(iv) Cracks, holes, or other imperfections in materials shall not be concealed by welding, brazing, or soldering or by paint, wax, tar, or other leak-sealing or repairing agents.</P> <P>(v) Piping, fixtures or equipment shall be located so as not to interfere with the normal use or with the normal operation and use of windows, doors or other required facilities.</P> <P>(vi) Galvanized pipe shall not be bent or welded.</P> <P>(7) <E T="03">Alignment of fittings.</E> All valves, pipes, and fittings shall be installed in correct relationship to the direction of flow.</P> <P>(b) <E T="03">Protective requirements.</E> (1) Cutting structural members. Structural members shall not be unnecessarily or carelessly weakened by cutting or notching.</P> <P>(2) <E T="03">Exposed piping.</E> All piping, pipe threads, hangers, and support exposed to the weather, water, mud, and road hazard, and subject to damage therefrom, shall be painted, coated, wrapped, or otherwise protected from deterioration.</P> <P>(3) <E T="03">Road damage.</E> Pipes, supports, drains, outlets, or drain hoses shall not extend or protrude in a manner where <PRTPAGE P="153"/>they could be unduly subjected to damage during transit.</P> <P>(4) <E T="03">Freezing.</E> All piping and fixtures subject to freezing temperatures shall be insulated or protected to prevent freezing, under normal occupancy. The manufacturer shall provide:</P> <P>(i) Written installation instructions for the method(s) required for compliance to this section;</P> <P>(ii) A statement in his installation instructions that if heat tape is used it shall be listed for use with manufactured homes;</P> <P>(iii) A receptacle outlet for the use of a heat tape located on the underside of the manufactured home within 2 feet of the water supply inlet. The receptacle outlet provided shall not be placed on a branch circuit which is protected by a ground fault circuit interrupter.</P> <P>(5) All piping, except the fixture trap, shall be designed to allow drainage.</P> <P>(6) <E T="03">Rodent resistance.</E> All exterior openings around piping and equipment shall be sealed to resist the entrance of rodents.</P> <P>(7) Piping and electrical wiring shall not pass through the same holes in walls, floors or roofs. Plastic piping shall not be exposed to heat in excess of manufacturers recommendation or radiation from heat producing appliances.</P> <CITA>[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 54383, Oct. 5, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55012, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.604</SECTNO> <SUBJECT>Materials.</SUBJECT> <P>(a) <E T="03">Minimum standards</E>. Materials, devices, fixtures, fittings, equipment, appliances, appurtenances and accessories shall conform to one of the standards in the following table and be free from defects. Where an appropriate standard is not indicated in the table or a standard not indicated in the table is preferred, the item may be used if it is listed. A listing is also required when so specified in other sections of this subpart.</P> <P>(b) Where more than one standard is referenced for a particular material or component, compliance with only one of those standards is acceptable. Exceptions:</P> <P>(1) When one of the reference standards requires evaluation of chemical, toxicity or odor properties which are not included in the other standard, then conformance to the applicable requirements of each standard shall be demonstrated;</P> <P>(2) When a plastic material or component is not covered by the Standards in the following table, it shall be certified as non-toxic in accordance with NSF14-1990, “Plastic Piping Components and Related Materials.”</P> <EXTRACT> <HD SOURCE="HD1">Ferrous Pipe and Fittings</HD> <FP SOURCE="FP-1">Gray Iron Threaded Fittings—ANSI/ASME B16.4-1992.</FP> <FP SOURCE="FP-1">Malleable Iron Threaded Fittings—ANSI/ASME B16.3-1992.</FP> <FP SOURCE="FP-1">Material and Property Standard for Special Cast Iron Fittings—IAPMO PS 5-84.</FP> <FP SOURCE="FP-1">Welding and Seamless Wrought Steel Pipe—ANSI/ASME B36.10-1979.</FP> <FP SOURCE="FP-1">Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless—ASTM A53-93.</FP> <FP SOURCE="FP-1">Pipe Threads, General Purpose (Inch)—ANSI/ASME B1.20.1-1983.</FP> <FP SOURCE="FP-1">Standard Specification for Cast Iron Soil Pipe and Fittings—ASTM A74-92.</FP> <FP SOURCE="FP-1">Standard Specification for Hubless Cast Iron Soil Pipe and Fittings for Sanitary and Storm Drain, Waste, and Vent Piping Applications—CISPI-301-90.</FP> <HD SOURCE="HD1">Nonferrous Pipe and Fittings</HD> <FP SOURCE="FP-1">Standard Specification for Seamless Copper Pipe, Standard Sizes—ASTM B42-93.</FP> <FP SOURCE="FP-1">Standard Specification for General Requirements for Wrought Seamless Copper and Copper-Alloy Tube—ASTM B251-93.</FP> <FP SOURCE="FP-1">Standard Specification for Seamless Copper Water Tube—ASTM B 88-93.</FP> <FP SOURCE="FP-1">Standard Specification for Copper Drainage Tube (DWV)—ASTM B306-92.</FP> <FP SOURCE="FP-1">Wrought Copper and Copper Alloy Solder-Joint Pressure Fitting—ASME/ANSI B16.22-1989.</FP> <FP SOURCE="FP-1">Wrought Copper and Wrought Copper Alloy Solder-Joint Drainage Fittings-DWV—ASME/ANSI B16.29-1986.</FP> <FP SOURCE="FP-1">Cast Copper Alloy Solder-Joint Pressure Fittings—ANSI B16.18-1984.</FP> <FP SOURCE="FP-1">Cast Copper Alloy Solder-Joint Drainage Fittings-DWV—ASME B16.23-1992.</FP> <FP SOURCE="FP-1">Cast Copper Alloy Fittings for Flared Copper Tubes—ASME/ANSI B16.26-1988.</FP> <FP SOURCE="FP-1">Standard Specification for Seamless Red Brass Pipe, Standard Sizes—ASTM B43-91.</FP> <FP SOURCE="FP-1">Cast Bronze Threaded Fittings, Classes 125 and 250—ANSI/ASME B16.15-1985.</FP> <HD SOURCE="HD1">Plastic Pipe and Fittings</HD> <FP SOURCE="FP-1">Standard Specification Acrylonitrile-Butadiene-Styrene (ABS) Schedule 40 Plastic Drain, Waste, and Vent Pipe and Fittings—ASTM D2661-91.<PRTPAGE P="154"/> </FP> <FP SOURCE="FP-1">Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent Pipe and Fittings—ASTM D2665-91b.</FP> <FP SOURCE="FP-1">Standard Specification for Drain, Waste, and Vent (DWV) Plastic Fittings Patterns—ASTM D3311-92.</FP> <FP SOURCE="FP-1">Standard Specification for Acrylonitrile-Butadiene-Styrene (ABS) Schedule 40, Plastic Drain, Waste, and Vent Pipe With a Cellular Core—ASTM F628-91.</FP> <FP SOURCE="FP-1">Standard Specification for Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Hot- and Cold-Water Distribution Systems—ASTM D2846-92.</FP> <FP SOURCE="FP-1">Standard Specification for Polybutylene (PB) Plastic Hot- and Cold-Water Distribution Systems—ASTM D3309-92a.</FP> <FP SOURCE="FP-1">Plastic Piping Components and Related Materials—ANSI/NSF 14-1990.</FP> <HD SOURCE="HD1">Miscellaneous</HD> <FP SOURCE="FP-1">Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe and Fittings—ASTM C564-88.</FP> <FP SOURCE="FP-1">Backflow Valves—ANSI A112.14.1-1975.</FP> <FP SOURCE="FP-1">Plumbing Fixture Setting Compound—TTP 1536A-1975.</FP> <FP SOURCE="FP-1">Material and Property Standard for Cast Brass and Tubing P-Traps—IAPMO PS 2-89.</FP> <FP SOURCE="FP-1">Relief Valves and Automatic Gas Shutoff Devices for Hot Water Supply Systems—*ANSI Z21.22-1986, With Addendum Z21.22a-1990.</FP> <FP SOURCE="FP-1">Standard Specification for Solvent Cement for Acrylonitrile-Butadiene-Styrene (ABS) Plastic Pipe and Fittings—ASTM D2235-88.</FP> <FP SOURCE="FP-1">Standard Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems—ASTM D2564-91a.</FP> <FP SOURCE="FP-1">Specification for Neoprene Rubber Gaskets for HUB and Spigot Cast Iron Soil Pipe and Fittings—CISPI-HSN-85.</FP> <FP SOURCE="FP-1">Plumbing System Components for Manufactured Homes and Recreational Vehicles—ANSI/NSF 24-1988.</FP> <FP SOURCE="FP-1">Material and Property Standard for Diversion Tees and Twin Waste Elbow—IAPMO PS 9-84.</FP> <FP SOURCE="FP-1">Material and Property Standard for Flexible Metallic Water Connectors—IAPMO PS 14-89.</FP> <FP SOURCE="FP-1">Material and Property Standard for Dishwasher Drain Airgaps—IAPMO PS 23-89.</FP> <FP SOURCE="FP-1">Material and Property Standards for Backflow Prevention Assemblies—IAPMO PS 31-91.</FP> <HD SOURCE="HD1">Plumbing Fixtures</HD> <FP SOURCE="FP-1">Plumbing Fixtures (General Specifications)—FS WW-P-541E/GEN-1980.</FP> <FP SOURCE="FP-1">Vitreous China Plumbing Fixtures—ANSI/ASME A112.19.2(M)-1990.</FP> <FP SOURCE="FP-1">Enameled Cast Iron Plumbing Fixtures—ANSI/ASME A112.19.1M-1987.</FP> <FP SOURCE="FP-1">Porcelain Enameled Formed Steel Plumbing Fixtures—ANSI/ASME A112.19.4(M)-1984.</FP> <FP SOURCE="FP-1">Plastic Bathtub Units With Addenda Z124.1a-1990 and Z124.16-1991—ANSI Z124.1-1987.</FP> <FP SOURCE="FP-1">Standard for Porcelain Enameled Formed Steel Plumbing Fixtures—IAPMO TSC 22-85.</FP> <FP SOURCE="FP-1">Plastic Shower Receptors and Shower Stalls With Addendum Z124.2a-1990—ANSI Z124.2-1987.</FP> <FP SOURCE="FP-1">Stainless Steel Plumbing Fixtures (Designed for Residential Use)—ANSI/ASME A112.19.3M-1987.</FP> <FP SOURCE="FP-1">Material and Property Standard for Drains for Prefabricated and Precast Showers—IAPMO PS 4-90.</FP> <FP SOURCE="FP-1">Plastic Lavatories with addendum Z124.3a-1990—ANSI Z124.3-1986.</FP> <FP SOURCE="FP-1">Safety Performance Specifications and Methods of Test for Safety Glazing Materials Used in Building—ANSI Z97.1-1984.</FP> <FP SOURCE="FP-1">Plumbing Fixture Fittings—ANSI/ASME A112.18.1M-1989.</FP> <FP SOURCE="FP-1">Trim for Water Closet, Bowls, Tanks, and Urinals—ANSI A112.19.5-1979.</FP> <FP SOURCE="FP-1">Plastic Water Closets, Bowls and Tanks with Addenda Z124.4a-1990—ANSI Z124.4-1986.</FP> <FP SOURCE="FP-1">Whirlpool Bathtub Appliances—ASME/ANSI A112.19.7M-1987.</FP> <FP SOURCE="FP-1">Performance Requirements for Individual Thermostatic Pressure Balancing and Combination Control for Bathing Facilities—ASSE 1016-1988, (ANSI 1990).</FP> <FP SOURCE="FP-1">Performance Requirements for Pressurized Flushing Devices (Flushometers) For Plumbing Fixtures—ASSE 1037-1990 (ANSI-1990).</FP> <FP SOURCE="FP-1">Performance Requirements for Water Closet Flush Tank Fill Valves (Ballcocks)—ASSE 1002 Revision 5-1986, (ANSI/ASSE-1979).</FP> <FP SOURCE="FP-1">Performance Requirements for Hand-held Showers—ASSE 1014-1989 (ANSI-1990).</FP> <FP SOURCE="FP-1">Hydrants for Utility and Maintenance Use—ANSI/ASME A112.21.3M-1985.</FP> <FP SOURCE="FP-1">Performance Requirements for Home Laundry Equipment—ASSE 1007-1986.</FP> <FP SOURCE="FP-1">Performance Requirements for Hot Water Dispensers, Household Storage Type Electrical—ASSE 1023-ANSI/ASSE-1979.</FP> <FP SOURCE="FP-1">Plumbing Requirements for Residential Use (Household) Dishwashers—ASSE 1006, ASSE/ANSI-1986.</FP> <FP SOURCE="FP-1">Performance Requirements for Household Food Waste Disposer Units—ASSE 1008-1986.</FP> <FP SOURCE="FP-1">Performance Requirements for Temperature Activated Mixing Valves for Primary Domestic Use—ASSE 1017-1986.</FP> <FP SOURCE="FP-1">Water Hammer Arresters—ANSI A112.26.1-1969 (R 1975).</FP> <FP SOURCE="FP-1">Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, Hot Tubs and Whirlpool Bathtub Appliances—ASME/ANSI A112.19.8M-1989.</FP> <FP SOURCE="FP-1">Air Gaps in Plumbing Systems—ASME A112.1.2-1991.<PRTPAGE P="155"/> </FP> <FP SOURCE="FP-1">Performance Requirements for Diverters for Plumbing Faucets with Hose Spray, Anti-Siphon Type, Residential Applications—ASSE 1025-ANSI/ASSE-1978.</FP> <FP SOURCE="FP-1">Performance Requirements for Pipe Applied Atmospheric Type Vacuum Breakers—ASSE 1001 ASSE/ASNI-1990.</FP> <FP SOURCE="FP-1">Performance Requirements for Hose Connection Vacuum Breakers—ASSE 1011-1981 (ANSI-1982).</FP> <FP SOURCE="FP-1">Performance Requirements for Wall Hydrants, Frost Proof Automatic Draining, Anti-Backflow Types—ANSI/ASSE 1019-1978.</FP> </EXTRACT> <CITA>[58 FR 55013, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.605</SECTNO> <SUBJECT>Joints and connections.</SUBJECT> <P>(a) <E T="03">Tightness.</E> Joints and connections in the plumbing system shall be gastight and watertight for the pressures required under testing procedures.</P> <P>(1) <E T="03">Assembling of pipe.</E> All joints and connections shall be correctly assembled for tightness. Pipe threads shall be fully engaged with the threads of the fitting. Plastic pipe and copper tubing shall be inserted to the full depth of the solder cup or welding sockets of each fitting. Pipe threads and slip joints shall not be wrapped with string, paper, putty, or similar fillers.</P> <P>(2) <E T="03">Threaded joints.</E> Threads for screw pipe and fittings shall conform to the approved or listed standard. Pipe ends shall be reamed out to size of bore. All burrs, chips, cutting oil and foreign matter shall be removed. Pipe joint cement or thread lubricant shall be of approved type and applied to male threads only.</P> <P>(3) <E T="03">Solder joints.</E> Solder joints for tubing shall be made with approved or listed solder type fittings. Surfaces to be soldered shall be cleaned bright. The joints shall be properly fluxed with noncorrosive paste type flux and, for manufactured homes to be connected to a public water system, made with solder having not more than 0.2 percent lead.</P> <P>(4) <E T="03">Plastic pipe, fittings and joints.</E> Plastic pipe and fittings shall be joined by installation methods recommended by the manufacturer or in accordance with the provisions of a recognized, approved, or listed standard.</P> <P>(5) <E T="03">Union joints.</E> Metal unions in water piping shall have metal-to-metal ground seats.</P> <P>(6) <E T="03">Flared joints.</E> Flared joints for soft-copper water tubing shall be made with approved or listed fittings. The tubing shall be expanded with a proper flaring tool.</P> <P>(7) <E T="03">Cast iron soil pipe joints.</E> Approved or listed cast iron pipe may be joined as follows:</P> <P>(i) Approved or listed hubless pipe as per the manufacturer's recommendation.</P> <P>(ii) Hub and plain-end soil pipe may be joined by compression fittings per the manufacturer's recommendation.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 53 FR 23611, June 23, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.606</SECTNO> <SUBJECT>Traps and cleanouts.</SUBJECT> <P>(a) <E T="03">Traps—</E>(1) <E T="03">Traps required.</E> Each plumbing fixture, except listed toilets, shall be separately trapped by approved water seal “P” traps. All traps shall be effectively vented.</P> <P>(2) <E T="03">Dual fixtures.</E> A two-compartment sink, two single sinks, two lavatories, or a single sink and a single lavatory with waste outlets not more than 30 inches apart and in the same room and flood level rims at the same level may be connected to one “P” trap and may be considered as a single fixture for the purpose of drainage and vent requirements.</P> <P>(3) <E T="03">Prohibited traps.</E> A trap which depends for its seal upon concealed interior partitions shall not be used. Full “S” traps, bell traps, drum traps, crown-vented traps, and running traps are prohibited. Fixtures shall not be double-trapped.</P> <P>(4) <E T="03">Material and design.</E> Each trap shall be self-cleaning with a smooth and uniform interior waterway. Traps shall be manufactured of cast iron, cast brass, or drawn brass tubing of not less than No. 20 Brown and Sharpe gage, or approved or listed plastic, or other approved or listed material. Union joints for a trap shall be beaded to provide a shoulder for the union nut. Each trap shall have the manufacturer's name stamped or cast in the body of the trap, and each tubing trap shall show the gage of the tubing.</P> <P>(5) <E T="03">Trap seal.</E> Each “P” trap shall have a water seal of not less than 2 inches and not more than 4 inches and shall be set true to its seal.<PRTPAGE P="156"/> </P> <P>(6) <E T="03">Size.</E> Traps shall be not less than 1<FR>1/4</FR> inches in diameter. A trap shall not be larger than the waste pipe to which it is connected.</P> <P>(7) <E T="03">Location.</E> Each trap shall be located as close to its vent and to its fixture outlet as structural conditions will permit.</P> <P>(8) <E T="03">Length of tailpiece.</E> The vertical distance from a trap to the fixture outlet shall not exceed 24 inches.</P> <P>(9) <E T="03">Installation.</E> (i) <E T="03">Grade of trap arm.</E> The piping between a “P” trap and the fixture tee or the vented waste line shall be graded <FR>1/4</FR> inch per foot towards the vent and in no event shall have a slope greater than its diameter. The vent opening at fixture tees shall not be below the weir of the “P” trap outlet.</P> <P>(ii) <E T="03">Trap arm offset.</E> The piping between the “P” trap and vent may change direction or be offset horizontally with the equivalent of no more than 180 degrees total change in direction with a maximum of 90 degrees by any one fitting.</P> <P>(iii) <E T="03">Concealed traps.</E> Traps with mechanical joints shall be accessible for repair and inspection.</P> <P>(iv) <E T="03">Removability of traps, etc.</E> Traps shall be designed and installed so the “U” bend is removable without removing the strainers from the fixture. Continuous waste and tail pieces which are permanently attached to the “U” bend shall also be removable without removing the strainer from the fixture.</P> <P>(b) <E T="03">Cleanout openings—</E>(1) <E T="03">Location of cleanout fittings.</E> (i) Cleanouts shall be installed if the drainage system cannot be cleaned through fixtures, drains, or vents. Cleanouts shall also be provided when fittings of more than 45 degrees are used to affect an offset except where long turn ells are used which provide sufficient “sweep” for cleaning.</P> <P>(ii) A full size cleanout shall be installed at the upper end of any section of drain piping which does not have the required minimum slope of <FR>1/4</FR> inch per foot grade.</P> <P>(iii) A cleaning tool shall not be required to pass through more than 360 degrees of fittings, excluding removable “P” traps, to reach any part of the drainage system. Water closets may be removed for drainage system access.</P> <P>(2) <E T="03">Access to cleanouts.</E> Cleanouts shall be accessible through an unobstructed minimum clearance of 12 inches directly in front of the opening. Each cleanout fitting shall open in a direction opposite to the flow or at right angles to the pipe. Concealed cleanouts that are not provided with access covers shall be extended to a point above the floor or outside of the manufactured home, with pipe and fittings installed, as required, for drainage piping without sags and pockets.</P> <P>(3) <E T="03">Material.</E> Plugs and caps shall be brass or approved or listed plastic, with screw pipe threads.</P> <P>(4) <E T="03">Design.</E> Cleanout plugs shall have raised heads except that plugs at floor level shall have counter-sunk slots.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55014, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.607</SECTNO> <SUBJECT>Plumbing fixtures.</SUBJECT> <P>(a) <E T="03">General requirements—</E>(1) <E T="03">Quality of fixtures.</E> Plumbing fixtures shall have smooth impervious surfaces, be free from defects and concealed fouling surfaces, be capable of resisting road shock and vibration, and shall conform in quality and design to listed standards. Fixtures shall be permanently marked with the manufacturer's name or trademark.</P> <P>(2) <E T="03">Strainers.</E> The waste outlet of all plumbing fixtures, other than toilets, shall be equipped with a drain fitting that will provide an adequate unobstructed waterway.</P> <P>(3) <E T="03">Fixture connections.</E> Fixture tailpieces and continuous wastes in exposed or accessible locations shall be not less than No. 20 Brown and Sharpe gage seamless drawn-brass tubing or other approved pipe or tubing materials. Inaccessible fixture connections shall be constructed according to the requirements for drainage piping. Each fixture tailpiece, continuous waste, or waste and overflow shall be not less than 1<FR>1/2</FR> inches for sinks of two or more compartments, dishwashers, clothes washing machines, laundry tubs, bath tubs, and not less than 1<FR>1/4</FR> inches for lavatories and single compartment sinks having a 2 inch maximum drain opening.</P> <P>(4) <E T="03">Concealed connections.</E> Concealed slip joint connections shall be provided <PRTPAGE P="157"/>with adequately sized unobstructed access panels and shall be accessible for inspection and repair.</P> <P>(5) <E T="03">Directional fitting.</E> An approved or listed “Y” or other directional-type branch fitting shall be installed in every tailpiece or continuous waste that receives the discharge from food waste disposal units, dishwashing, or other force-discharge fixture or appliance. (See also § 3280.607(b)(4)(ii).)</P> <P>(b) <E T="03">Fixtures.</E> (1) <E T="03">Spacing.</E> All plumbing fixtures shall be so installed with regard to spacing as to be reasonably accessible for their intended use.</P> <P>(2) <E T="03">Water closets.</E> (i) Water closets shall be designed and manufactured according to approved or listed standards and shall be equipped with a water flushing device capable of adequately flushing and cleaning the bowl at each operation of the flushing mechanism.</P> <P>(ii) Water closet flushing devices shall be designed to replace the water seal in the bowl after each operation. Flush valves, flushometer valves, flushometer tanks and ballcocks shall operate automatically to shut off at the end of each flush or when the tank is filled to operating capacity.</P> <P>(iii) Flush tanks shall be fitted with an overflow pipe large enough to prevent flooding at the maximum flow rate of the ball cock. Overflow pipes shall discharge into the toilet, through the tank.</P> <P>(iv) Water closets that have fouling surfaces that are not thoroughly washed at each discharge shall be prohibited. Any water closet that might permit the contents of the bowl to be siphoned back into the water system shall be prohibited.</P> <P>(v) <E T="03">Floor connection.</E> Water closets shall be securely bolted to an approved flange or other approved fitting which is secured to the floor by means of corrosion-resistant screws. The bolts shall be of solid brass or other corrosion-resistant material and shall be not less than one-fourth inch in diameter. A watertight seal shall be made between the water closet and flange or other approved fitting by use of a gasket or sealing compound.</P> <P>(3) <E T="03">Shower compartment.</E> (i) Each compartment stall shall be provided with an approved watertight receptor with sides and back extending at least 1 inch above the finished dam or threshold. In no case shall the depth of a shower receptor be less than 2 inches or more than 9 inches measured from the top of the finished dam or threshold to the top of the drain. The wall area shall be constructed of smooth, noncorrosive, and nonabsorbent waterproof materials to a height not less than 6 feet above the bathroom floor level. Such walls shall form a watertight joint with each other and with the bathtub, receptor or shower floor. The floor of the compartment shall slope uniformly to the drain at not less than one-fourth nor more than one-half inch per foot.</P> <P>(ii) The joint around the drain connection shall be made watertight by a flange, clamping ring, or other approved listed means.</P> <P>(iii) Shower doors and tub and shower enclosures shall be constructed so as to be waterproof and, if glazed, glazing shall comply with the standard for Safety Performance Specifications and Methods of Test for Safety Glazing Materials Used in Buildings, ANSI Z97.1-1984.</P> <P>(iv) Prefabricated plumbing fixtures shall be approved or listed.</P> <P>(4) <E T="03">Dishwashing machines.</E> (i) A dishwashing machine shall not be directly connected to any waste piping, but shall discharge its waste through a fixed air gap installed above the machine, or through a high loop as specified by the dishwashing machine manufacturer, or into an open standpipe-receptor with a height greater than the washing compartment of the machine. When a standpipe is used, it shall be at least 18 inches but not more than 30 inches above the trap weir. The drain connections from the air gap or high loop may connect to an individual trap, to a directional fitting installed in the sink tailpiece or to an opening provided on the inlet side of a food waste disposal unit.</P> <P>(ii) Drain from a dishwashing machine shall not be connected to a sink tailpiece, continuous waste line, or trap on the discharge side of a food waste disposal unit.</P> <P>(5) <E T="03">Clothes washing machines.</E> (i) Clothes washing machines shall drain either into a properly vented trap, into a laundry tub tailpiece with watertight <PRTPAGE P="158"/>connections, into an open standpipe receptor, or over the rim of a laundry tub.</P> <P>(ii) Standpipes shall be 1<FR>1/2</FR> inches minimum nominal iron pipe size, 1<FR>1/2</FR> inches diameter nominal brass tubing not less than No. 20 Brown and Sharpe gage, or 1<FR>1/2</FR> inches approved plastic materials. Receptors shall discharge into a vented trap or shall be connected to a laundry tub tailpiece by means of an approved or listed directional fitting. Each standpipe shall extend not less than 18 inches or more than 30 inches above its trap and shall terminate in an accessible location no lower than the top of clothes washing machine. A removable tightfitting cap or plug shall be installed on the standpipe when clothes washer is not provided.</P> <P>(iii) Clothes washing machine drain shall not be connected to the tailpiece, continuous waste, or trap of any sink or dishwashing machine.</P> <P>(c) <E T="03">Installation</E>—(1) <E T="03">Access</E>. Each plumbing fixture and standpipe receptor shall be located and installed in a manner to be accessible for usage, cleaning, repair and replacement. Access to diverter valves and other connections from the fixture hardware is not required.</P> <P>(2) <E T="03">Alignment.</E> Fixtures shall be set level and in true alignment with adjacent walls. Where practical, piping from fixtures shall extend to nearest wall.</P> <P>(3) <E T="03">Brackets.</E> Wall-hung fixtures shall be rigidly attached to walls by metal brackets or supports without any strain being transmitted to the piping connections. Flush tanks shall be securely fastened to toilets or to the wall with corrosive-resistant materials.</P> <P>(4) <E T="03">Tub supports.</E> Bathtub rims at wall shall be supported on metal hangers or on end-grain wood blocking attached to the wall unless otherwise recommended by the manufacturer of the tub.</P> <P>(5) <E T="03">Fixture fittings</E>. Faucets and diverters shall be installed so that the flow of hot water from the fittings corresponds to the left-hand side of the fitting.</P> <P>(6) <E T="03">Whirlpool bathtub appliances</E>—(i) <E T="03">Access panel</E>. A door or panel of sufficient size shall be installed to provide access to the pump for repair and/or replacement.</P> <P>(ii) <E T="03">Piping drainage</E>. The circulation pump shall be accessibly located above the crown weir of the trap. The pump drain line shall be properly sloped to drain the volute after fixture use.</P> <P>(iii) <E T="03">Piping</E>. Whirlpool bathtub circulation piping shall be installed to be self-draining.</P> <P>(iv) <E T="03">Electrical</E>. Refer to the National Electrical Code, NFPA 70-1993, Article 685G.</P> <CITA>[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4586, Feb. 12, 1987; 58 FR 55014, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.608</SECTNO> <SUBJECT>Hangers and supports.</SUBJECT> <P>(a) <E T="03">Strains and stresses.</E> Piping in a plumbing system shall be installed without undue strains and stresses, and provision shall be made for expansion, contraction, and structural settlement.</P> <P>(b) <E T="03">Piping supports.</E> Piping shall be secured at sufficiently close intervals to keep the pipe in alignment and carry the weight of the pipe and contents. Unless otherwise stated in the standards for specific materials shown in the table in § 3280.604(a), or unless specified by the pipe manufacturer, plastic drainage piping shall be supported at intervals not to exceed 4 feet and plastic water piping shall be supported at intervals not to exceed 3 feet.</P> <P>(c) <E T="03">Hangers and anchors.</E> (1) Hangers and anchors shall be of sufficient strength to support their proportional share of the pipe alignments and prevent rattling.</P> <P>(2) Piping shall be securely attached to the structure by hangers, clamps, or brackets which provide protection against motion, vibration, road shock, or torque in the chassis.</P> <P>(3) Hangers and straps supporting plastic pipe shall not compress, distort, cut or abrade the piping and shall allow free movement of the pipe.</P> </SECTION> <SECTION> <SECTNO>§ 3280.609</SECTNO> <SUBJECT>Water distribution systems.</SUBJECT> <P>(a) <E T="03">Water supply</E>—(1) <E T="03">Supply piping.</E> Piping systems shall be sized to provide an adequate quantity of water to each plumbing fixture at a flow rate sufficient to keep the fixture in a clean and sanitary condition without any danger of backflow or siphonage. (See <PRTPAGE P="159"/>table in § 3280.609(f)(1)). The manufacturer shall include in his written installation instructions that the manufactured home has been designed for an inlet water pressure of 80 psi, and a statement that when the manufactured home is to be installed in areas where the water pressure exceeds 80 psi, a pressure reducing valve should be installed.</P> <P>(2) <E T="03">Hot water supply.</E> Each manufactured home equipped with a kitchen sink, and bathtub and/or shower shall be provided with a hot water supply system including a listed water heater.</P> <P>(b) <E T="03">Water outlets and supply connections—</E>(1) <E T="03">Water connection.</E> Each manufactured home with a water distribution system shall be equipped with a <FR>3/4</FR> inch threaded inlet connection. This connection shall be tagged or marked “Fresh Water Connection” (or marked “Fresh Water Fill”). A matching cap or plug shall be provided to seal the water inlet when it is not in use, and shall be permanently attached to the manufactured home or water supply piping. When a master cold water shutoff full flow valve is not installed on the main feeder line in an accessible location, the manufacturer's installation instructions shall indicate that such a valve is to be installed in the water supply line adjacent to the home. When a manufactured home includes expandable rooms or is composed of two or more units, fittings or connectors designed for such purpose shall be provided to connect any water piping. When not connected, the water piping shall be protected by means of matching threaded caps or plugs.</P> <P>(2) <E T="03">Prohibited connections.</E> (i) The installation of potable water supply piping or fixture or appliance connections shall be made in a manner to preclude the possibility of backflow.</P> <P>(ii) No part of the water system shall be connected to any drainage or vent piping.</P> <P>(3) <E T="03">Rim outlets.</E> The outlets of faucets, spouts, and similar devices shall be spaced at least 1 inch above the flood level of the fixture.</P> <P>(4) <E T="03">Appliance connections.</E> Water supplies connected to clothes washing or dishwashing machines shall be protected by an approved or listed fixed air gap provided within the appliance by the manufacturer.</P> <P>(5) <E T="03">Flushometer valves or manually operated flush valves</E>. An approved or listed vacuum breaker shall be installed and maintained in the water supply line on the discharge side of a water closet flushometer valve or manually operated flush valve. Vacuum breakers shall have a minimum clearance of 6 inches above the flood level of the fixture to the critical level mark unless otherwise permitted in their approval.</P> <P>(6) <E T="03">Flush tanks</E>. Water closet flush tanks shall be equipped with an approved or listed anti-siphon ball cock which shall be installed and maintained with its outlet or critical level mark not less than 1 inch above the full opening of the overflow pipe.</P> <P>(7) <E T="03">Hose bibbs</E>. When provided, all exterior hose bibbs and laundry sink hose connections shall be protected by a listed non-removable backflow prevention device. This is not applicable to hose connections provided for automatic washing machines with built-in backflow prevention.</P> <P>(8) <E T="03">Flushometer tanks</E>. Flushometer tanks shall be equipped with an approved air gap on the vacuum breaker assembly located above the flood level rim above the fixture.</P> <P>(c) <E T="03">Water heater safety devices</E>—(1) <E T="03">Relief valves.</E> (i) All water heaters shall be installed with approved and listed fully automatic valve or valves designed to provide temperature and pressure relief.</P> <P>(ii) Any temperature relief valve or combined pressure and temperature relief valve installed for this purpose shall have the temperature sensing element immersed in the hottest water within the upper 6 inches of the tank. It shall be set to start relieving at a pressure of 150 psi or the rated working pressure of the tank whichever is lower and at or below a water temperature of 210° F.</P> <P>(iii) Relief valves shall be provided with full-sized drains, with cross sectional areas equivalent to that of the relief valve outlet, which shall be directed downward and discharge beneath the manufactured home. Drain lines shall be of a material listed for hot water distribution and shall drain fully by gravity, shall not be trapped, <PRTPAGE P="160"/>and shall not have their outlets threaded, and the end of the drain shall be visible for inspection.</P> <P>(d) <E T="03">Materials—</E>(1) <E T="03">Piping material.</E> Water pipe shall be of standard weight brass, galvanized wrought iron, galvanized steel, Type K, L or M copper tubing, approved or listed plastic or other approved or listed material.</P> <P>(i) <E T="03">Plastic piping.</E> All plastic water piping and fittings in manufactured homes must be listed for use with hot water.</P> <P>(ii) [Reserved]</P> <P>(2) <E T="03">Fittings.</E> Appropriate fittings shall be used for all changes in size and where pipes are joined. The material and design of fittings shall conform to the type of piping used. Special consideration shall be given to prevent corrosion when dissimilar metals are joined.</P> <P>(i) Fittings for screw piping shall be standard weight galvanized iron for galvanized iron and steel pipe, and of brass for brass piping. They shall be installed where required for change in direction, reduction of size, or where pipes are joined together.</P> <P>(ii) Fittings for copper tubing shall be cast brass or drawn copper (sweat-soldered) or shall be approved or listed fittings for the purpose intended.</P> <P>(3) <E T="03">Prohibited material.</E> Used piping materials shall not be permitted. Those pipe dopes, solder, fluxes, oils, solvents, chemicals, or other substances that are toxic, corrosive, or otherwise detrimental to the water system shall not be used. In addition, for those manufactured homes to be connected to a public water system, all water piping shall be lead-free (as defined in section 109(c)(2) of the Safe Drinking Water Act Amendments of 1986) with solders and flux containing not more than 0.2 percent lead and pipes and pipe fittings containing not more than 8.0 percent lead.</P> <P>(e) <E T="03">Installation of piping</E>—(1) <E T="03">Minimum requirement.</E> All piping equipment, appurtenances, and devices shall be installed in workmanlike manner and shall conform with the provisions and intent of this standard.</P> <P>(2) <E T="03">Screw pipe.</E> Iron pipe-size brass or galvanized iron or steel pipe fittings shall be joined with approved or listed standard pipe threads fully engaged in the fittings. Pipe ends shall be reamed to the full bore of the pipe. Pipe-joint compound shall be insoluble in water, shall be nontoxic and shall be applied to male threads only.</P> <P>(3) <E T="03">Solder fittings</E>. Joints in copper water tubes shall be made by the appropriate use of approved cast brass or wrought copper fittings, properly soldered together. The surface to be soldered shall be thoroughly cleaned bright mechanically. The joints shall be properly fluxed and made with a solder that contains no more than 0.2 percent lead.</P> <P>(4) <E T="03">Flared fittings.</E> A flaring tool shall be used to shape the ends of flared tubing to match the flare of fittings.</P> <P>(5) <E T="03">Plastic pipe and fittings.</E> Plastic pipe and fittings shall be joined by installation methods recommended by the manufacturer or in accordance with provisions of a listed standard.</P> <P>(f) <E T="03">Size of water supply piping—</E>(1) <E T="03">Minimum size.</E> The size of water supply piping and branch lines shall not be less than sizes shown in the following table:</P> <GPOTABLE CDEF="s20,9,9,9" COLS="4" OPTS="L2"> <TTITLE>Minimum Size Tubing and Pipe for Water Distribution Systems</TTITLE> <BOXHD> <CHED H="1">Number of fixtures</CHED> <CHED H="1">Tubing (nominal)</CHED> <CHED H="2">Diameter (inches)</CHED> <CHED H="2">Outer diameter (inches)</CHED> <CHED H="1">Pipe iron pipe size (inches)</CHED> </BOXHD> <ROW> <ENT I="01">1</ENT> <ENT>*<FR>1/4</FR> </ENT> <ENT> <FR>3/8</FR> </ENT> <ENT> <FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT> <FR>3/8</FR> </ENT> <ENT> <FR>1/2</FR> </ENT> <ENT> <FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT> <FR>1/2</FR> </ENT> <ENT> <FR>5/8</FR> </ENT> <ENT> <FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT> <FR>1/2</FR> </ENT> <ENT> <FR>5/8</FR> </ENT> <ENT> <FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="01">5 or more</ENT> <ENT> <FR>3/4</FR> </ENT> <ENT> <FR>7/8</FR> </ENT> <ENT> <FR>3/4</FR> </ENT> </ROW> <TNOTE>*6 ft maximum length.</TNOTE> </GPOTABLE> <FP> <E T="03">Exceptions to table:</E> <FR>3/8</FR> inch nominal diameter or <FR>1/2</FR> inch OD minimum size for clothes washing or dishwashing machines, unless larger size is recommended by the fixture manufacturer. <FR>1/2</FR> inch nominal diameter or <FR>5/8</FR> inch OD minimum size for flushometer or metering type valves unless otherwise specified in their listing. No galvanized screw piping shall be less than <FR>1/2</FR> inch iron pipe size.</FP> <P>(2) <E T="03">Sizing procedure.</E> Both hot and cold water piping systems shall be computed by the following method:</P> <P>(i) <E T="03">Size of branch.</E> Start at the most remote outlet on any branch of the hot or cold water piping and progressively count towards the water service connection, computing the total number of fixtures supplied along each section of <PRTPAGE P="161"/>piping. Where branches are joined together, the number of fixtures on each branch shall be totalled so that no fixture is counted twice. Following down the left-hand column of the preceding table a corresponding number of fixtures will be found. The required pipe or tubing size is indicated in the other columns on the same line.</P> <P>(ii) A water heater, food waste disposal unit, evaporative cooler or ice maker shall not be counted as a water-using fixture when computing pipe sizes.</P> <P>(g) <E T="03">Line valves.</E> Valves, when installed in the water supply distribution system (except those immediately controlling one fixture supply) and when fully opened, shall have a cross-sectional area of the smallest orifice or opening, through which the water flows, at least equal to the cross-sectional area of the nominal size of the pipe in which the valve is installed.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4586, Feb. 12, 1987; 53 FR 23611, June 23, 1988; 58 FR 55014, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.610</SECTNO> <SUBJECT>Drainage systems.</SUBJECT> <P>(a) <E T="03">General.</E> (1) Each fixture directly connected to the drainage system shall be installed with a water seal trap (§ 3280.606(a)).</P> <P>(2) The drainage system shall be designed to provide an adequate circulation of air in all piping with no danger of siphonage, aspiration, or forcing of trap seals under conditions of ordinary use.</P> <P>(b) <E T="03">Materials—</E>(1) <E T="03">Pipe.</E> Drainage piping shall be standard weight steel, wrought iron, brass, copper tube DWV, listed plastic, cast iron, or other listed or approved materials.</P> <P>(2) <E T="03">Fittings.</E> Drainage fittings shall be recessed drainage pattern with smooth interior waterways of the same diameter as the piping and shall be of a material conforming to the type of piping used. Drainage fittings shall be designed to provide for a <FR>1/4</FR> inch per foot grade in horizontal piping.</P> <P>(i) Fittings for screw pipe shall be cast iron, malleable iron, brass, or listed plastic with standard pipe threads.</P> <P>(ii) Fittings for copper tubing shall be cast brass or wrought copper.</P> <P>(iii) Socket-type fittings for plastic piping shall comply with listed standards.</P> <P>(iv) Brass or bronze adaptor or wrought copper fittings shall be used to join copper tubing to threaded pipe.</P> <P>(c) <E T="03">Drain outlets.</E> (1) Each manufactured home shall have only one drain outlet.</P> <P>(2) <E T="03">Clearance from drain outlet.</E> The drain outlet shall be provided with a minimum clearance of 3 inches in any direction from all parts of the structure or appurtenances and with not less than 18 inches unrestricted clearance directly in front of the drain outlet.</P> <P>(3) <E T="03">Drain connector.</E> The drain connector shall not be smaller than the piping to which it is connected and shall be equipped with a water-tight cap or plug matching the drain outlet. The cap or plug shall be permanently attached to the manufactured home or drain outlet.</P> <P>(4) The drain outlet and drain connector shall not be less than 3 inches inside diameter.</P> <P>(5) <E T="03">Preassembly of drain lines</E>. Section(s) of the drain system, designed to be located underneath the home, are not required to be factory installed when the manufacturer designs the system for site assembly and also provides all materials and components, including piping, fittings, cement, supports, and instructions necessary for proper site installation.</P> <P>(d) <E T="03">Fixture connections.</E> Drainage piping shall be provided with approved or listed inlet fittings for fixture connections, correctly located according to the size and type of fixture to be connected.</P> <P>(1) <E T="03">Water closet connection</E>. The drain connection for each water closet shall be 3 inches minimum inside diameter and shall be fitted with an iron, brass, or listed plastic floor flange adaptor ring securely screwed, soldered or otherwise permanently attached to the drain piping, in an approved manner and securely fastened to the floor.</P> <P>(2) [Reserved]</P> <P>(e) <E T="03">Size of drainage piping—</E>(1) <E T="03">Fixture load.</E> Except as provided by § 3280.611(d), drain pipe sizes shall be determined by the type of fixture and the total number connected to each drain.<PRTPAGE P="162"/> </P> <P>(i) A 1<FR>1/2</FR> inch minimum diameter piping shall be required for one and not more than three individually vented fixtures.</P> <P>(ii) A 2-inch minimum diameter piping shall be required for four or more fixtures individually vented.</P> <P>(iii) A 3-inch minimum diameter piping shall be required for water closets.</P> <P>(f) <E T="03">Wet-vented drainage system.</E> Plumbing fixture traps may connect into a wet-vented drainage system which shall be designed and installed to accommodate the passage of air and waste in the same pipe.</P> <P>(1) <E T="03">Horizontal piping.</E> All parts of a wet-vented drainage system, including the connected fixture drains, shall be horizontal except for wet-vented vertical risers which shall terminate with a 1<FR>1/2</FR> inch minimum diameter continuous vent. Where required by structural design, wet-vented drain piping may be offset vertically when other vented fixture drains or relief vents are connected to the drain piping at or below the vertical offsets.</P> <P>(2) <E T="03">Size.</E> A wet-vented drain pipe shall be 2 inches minimum diameter and at least one pipe size larger than the largest connected trap or fixture drain. Not more than three fixtures may connect to a 2-inch diameter wet-vented drain system.</P> <P>(3) <E T="03">Length of trap arm.</E> Fixture traps shall be located within the distance given in § 3280.611(c)(5). Not more than one trap shall connect to a trap arm.</P> <P>(g) <E T="03">Offsets and branch fittings—</E>(1) <E T="03">Changes in direction.</E> Changes in direction of drainage piping shall be made by the appropriate use of approved or listed fittings, and shall be of the following angles: 11<FR>1/4</FR>, 22<FR>1/2</FR>, 45, 60, or 90 degrees; or other approved or listed fittings or combinations of fittings with equivalent radius or sweep.</P> <P>(2) <E T="03">Horizontal to vertical.</E> Horizontal drainage lines, connecting with a vertical pipe shall enter through 45-degree “Y” branches, 60-degree “Y” branches, long-turn “TY” branches, sanitary “T” branches, or other approved or listed fittings or combination of fittings having equivalent sweep. Fittings having more than one branch at the same level shall not be used, unless the fitting is constructed so that the discharge from any one branch cannot readily enter any other branch. However, a double sanitary “T” may be used when the drain line is increased not less than two pipe sizes.</P> <P>(3) <E T="03">Horizontal to horizontal and vertical to horizontal.</E> Horizontal drainage lines connecting with other horizontal drainage lines or vertical drainage lines connected with horizontal drainage lines shall enter through 45-degree “Y” branches, long-turn “TY” branches, or other approved or listed fittings or combination of fittings having equivalent sweep.</P> <P>(h) <E T="03">Grade of horizontal drainage piping.</E> Except for fixture connections on the inlet side of the trap, horizontal drainage piping shall be run in practical alignment and have a uniform grade of not less than <FR>1/4</FR> inch per foot toward the manufactured home drain outlet. Where it is impractical, due to the structural features or arrangement of any manufactured home, to obtain a grade of <FR>1/4</FR> inch per foot, the pipe or piping may have a grade of not less than <FR>1/8</FR> inch per foot, when a full size cleanout is installed at the upper end.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4586, Feb. 12, 1987; 58 FR 55015, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.611</SECTNO> <SUBJECT>Vents and venting.</SUBJECT> <P>(a) <E T="03">General.</E> Each plumbing fixture trap shall be protected against siphonage and back pressure, and air circulation shall be ensured throughout all parts of the drainage system by means of vents installed in accordance with the requirements of this section and as otherwise required by this standard.</P> <P>(b) <E T="03">Materials—</E>(1) <E T="03">Pipe.</E> Vent piping shall be standard weight steel, wrought iron, brass, copper tube DWV, listed plastic, cast iron or other approved or listed materials.</P> <P>(2) <E T="03">Fittings.</E> Appropriate fittings shall be used for all changes in direction or size and where pipes are joined. The material and design of vent fittings shall conform to the type of piping used.</P> <P>(i) Fittings for screw pipe shall be cast iron, malleable iron, plastic, or brass, with standard pipe threads.</P> <P>(ii) Fittings for copper tubing shall be cast brass or wrought copper.<PRTPAGE P="163"/> </P> <P>(iii) Fittings for plastic piping shall be made to approved applicable standards.</P> <P>(iv) Brass adaptor fittings or wrought copper shall be used to join copper tubing to threaded pipe.</P> <P>(v) Listed rectangular tubing may be used for vent piping only providing it has an open cross section at least equal to the circular vent pipe required. Listed transition fittings shall be used.</P> <P>(c) <E T="03">Size of vent piping—</E>(1) <E T="03">Main vent.</E> The drain piping for each toilet shall be vented by a 1<FR>1/2</FR> inch minimum diameter vent or rectangular vent of venting cross section equivalent to or greater than the venting cross section of a 1<FR>1/2</FR> inch diameter vent, connected to the toilet drain by one of the following methods:</P> <P>(i) A 1<FR>1/2</FR> inch diameter (min.) individual vent pipe or equivalent directly connected to the toilet drain within the distance allowed in § 3280.611(c)(5), for 3-inch trap arms undiminished in size through the roof,</P> <P>(ii) A 1<FR>1/2</FR> inch diameter (min.) continuous vent or equivalent, indirectly connected to the toilet drain piping within the distance allowed in § 3280.611(c)(5) for 3 inch trap arms through a 2-inch wet vented drain that carries the waste of not more than one fixture, or,</P> <P>(iii) Two or more vented drains when at least one is wet-vented, or 2-inch diameter (minimum), and each drain is separately connected to the toilet drain. At least one of the drains shall connect within the distance allowed in § 3280.611(c)(5) for 3-inch trap arms.</P> <P>(2) <E T="03">Vent pipe areas.</E> Each individually vented fixture with a 1<FR>1/2</FR> inch or smaller trap shall be provided with a vent pipe equivalent in area to a 1<FR>1/4</FR> inch nominal pipe size. The main vent, toilet vent and relief vent, and the continuous vent of wet-vented systems shall have an area equivalent to 1<FR>1/2</FR> inch nominal pipe size.</P> <P>(3) <E T="03">Common vent.</E> When two fixture traps located within the distance allowed from their vent have their trap arms connected separately at the same level into an approved double fitting, an individual vent pipe may serve as a common vent without any increase in size.</P> <P>(4) <E T="03">Intersecting vents.</E> Where two or more vent pipes are joined together, no increase in size shall be required; however, the largest vent pipe shall extend full size through the roof.</P> <P>(5) Distance of fixture trap from vent shall not exceed the values given in the following table:</P> <GPOTABLE CDEF="s80,r60" COLS="2" OPTS="L2"> <TTITLE>Maximum Distance of Fixtures From Vent Trap</TTITLE> <BOXHD> <CHED H="1">Size of fixture drain (inches)</CHED> <CHED H="1">Distance trap to vent</CHED> </BOXHD> <ROW> <ENT I="01">1<FR>1/4</FR> </ENT> <ENT>4 ft. 6 in.</ENT> </ROW> <ROW> <ENT I="01">1<FR>1/2</FR> </ENT> <ENT>4 ft 6 in.</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>5 ft.</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>6 ft.</ENT> </ROW> </GPOTABLE> <P>(d) <E T="03">Anti-siphon trap vent.</E> An anti-siphon trap vent may be used as a secondary vent system for plumbing fixtures protected by traps not larger than 1<FR>1/2</FR> inches, when installed in accordance with the manufacturers' recommendations and the following conditions:</P> <P>(1) Not more than two fixtures individually protected by the device shall be drained by a common 1<FR>1/2</FR> inch drain.</P> <P>(2) Minimum drain size for three or more fixtures individually protected by the device shall be 2 inches.</P> <P>(3) A primary vent stack must be installed to vent the toilet drain at the point of heaviest drainage fixture unit loading.</P> <P>(4) The device shall be installed in a location that permits a free flow of air and shall be accessible for inspection, maintenance, and replacement and the sealing function shall be at least 6 inches above the top of the trap arm.</P> <P>(5) Materials for the anti-siphon trap vent shall be as follows:</P> <P>(i) Cap and housing shall be listed acrylonitrile-butadiene-styrene, DWV grade;</P> <P>(ii) Stem shall be DWV grade nylon or acetal;</P> <P>(iii) Spring shall be stainless steel wire, type 302;</P> <P>(iv) Sealing disc shall be neoprene, conforming to CISPI-HSN-85, the Specification for Neoprene Rubber Gaskets for HUB and Spigot Cast Iron Soil Pipe and Fittings, and ASTM C 564-88, Standard Specification for Rubber Gaskets for Case Iron Soil Pipe and Fittings, or, Silicone Rubber, Low and High Temperature and Tear Resistant, Conforming to Rubber, Silicone, FS ZZ-R-765B-1970, With 1971 Amendment <PRTPAGE P="164"/>1; and Liners, Case, and Sheet, Overwrap; Water-Vapor Proof or Waterproof, Flexible, MIL-L-10547E-1975.</P> <P>(e) <E T="03">Grade and connections—</E>(1) <E T="03">Horizontal vents.</E> Each vent shall extend vertically from its fixture “T” or point of connection with the waste piping to a point not less than 6 inches above the extreme flood level of the fixture it is venting before offsetting horizontally or being connected with any other vent pipe. Vents for horizontal drains shall connect above the centerline of the drain piping ahead (downstream) of the trap. Where required by structural conditions, vent piping may offset below the rim of the fixture at the maximum angle or height possible.</P> <P>(f) <E T="03">Vent terminal—</E>(1) <E T="03">Roof extension.</E> Each vent pipe shall extend through its flashing and terminate vertically, undiminished in size, not less than 2 inches above the roof. Vent openings shall not be less than 3 feet away from any motor-driven air intake that opens into habitable areas.</P> <P>(2) <E T="03">Flashing.</E> The opening around each vent pipe shall be made watertight by an adequate flashing or flashing material.</P> <P>(g) <E T="03">Vent caps.</E> Vent caps, if provided, shall be of the removable type (without removing the flashing from the roof). When vent caps are used for roof space ventilation and the caps are identical to vent caps used for the plumbing system, plumbing system caps shall be identified with permanent markings.</P> <CITA>[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55015, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.612</SECTNO> <SUBJECT>Tests and inspection.</SUBJECT> <P>(a) <E T="03">Water system.</E> All water piping in the water distribution system shall be subjected to a pressure test. The test shall be made by subjecting the system to air or water at 100 psi for 15 minutes without loss of pressure.</P> <P>(b) <E T="03">Drainage and vent system and plumbing fixtures.</E> The waste and vent system shall be tested by one of the three following alternate methods for evidence or indication of leakage:</P> <P>(1) <E T="03">Water test.</E> Before plumbing fixtures are connected, all of the openings into the piping shall be plugged and the entire piping system subjected to a static water test for 15 minutes by filling it with water to the top of the highest vent opening. There shall be no evidence of leakage.</P> <P>(2) <E T="03">Air test.</E> After all fixtures have been installed, the traps filled with water, and the remaining openings securely plugged, the entire system shall be subjected to a 2-inch (manometer) water column air pressure test. If the system loses pressure, leaks may be located with smoke pumped into the system, or with soap suds spread on the exterior of the piping (Bubble test).</P> <P>(3) <E T="03">Flood level test.</E> The manufactured home shall be in a level position, all fixtures shall be connected, and the entire system shall be filled with water to the rim of the water closet bowl. (Tub and shower drains shall be plugged). After all trapped air has been released, the test shall be sustained for not less than 15 minutes without evidence of leaks. Then the system shall be unplugged and emptied. The waste piping above the level of the water closet bowl shall then be tested and show no indication of leakage when the high fixtures are filled with water and emptied simultaneously to obtain the maximum possible flow in the drain piping.</P> <P>(c) <E T="03">Fixture test.</E> The plumbing fixtures and connections shall be subjected to a flow test by filling them with water and checking for leaks and retarded flow while they are being emptied.</P> <P>(d) <E T="03">Shower compartments.</E> Shower compartments and receptors shall be tested for leaks prior to being covered by finish material. Each pan shall be filled with water to the top of the dam for not less than 15 minutes without evidence of leakage.</P> <CITA>[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977; 42 FR 54383, Oct. 5, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55015, Oct. 25, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Heating, Cooling and Fuel Burning Systems</HD> <SECTION> <SECTNO>§ 3280.701</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>Subpart H of this standard covers the heating, cooling and fuel burning equipment installed within, on, or external to a manufactured home.</P> </SECTION> <SECTION> <PRTPAGE P="165"/> <SECTNO>§ 3280.702</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions in this subpart apply to subpart H only.</P> <P> <E T="03">Accessible,</E> when applied to a fixture, connection, appliance or equipment, means having access thereto, but which may require the removal of an access panel, door or similar obstruction.</P> <P> <E T="03">Air conditioner blower coil system</E> means a comfort cooling appliance where the condenser section is placed external to the manufactured home and evaporator section with circulating blower attached to the manufactured home air supply duct system. Provision must be made for a return air system to the evaporator/blower section. Refrigerant connection between the two parts of the system is accomplished by tubing.</P> <P> <E T="03">Air conditioner split system</E> means a comfort cooling appliance where the condenser section is placed external to the manufactured home and the evaporator section incorporated into the heating appliance or with a separate blower/coil section within the manufactured home. Refrigerant connection between the two parts of the system is accomplished by tubing.</P> <P> <E T="03">Air conditioning condenser section</E> means that portion of a refrigerated air cooling or (in the case of a heat pump) heating system which includes the refrigerant pump (compressor) and the external heat exchanger.</P> <P> <E T="03">Air conditioning evaporator section</E> means a heat exchanger used to cool or (in the case of a heat pump) heat air for use in comfort cooling (or heating) the living space.</P> <P> <E T="03">Air conditioning self contained system</E> means a comfort cooling appliance combining the condenser section, evaporator and air circulating blower into one unit with connecting ducts for the supply and return air systems.</P> <P> <E T="03">Air duct</E> means conduits or passageways for conveying air to or from heating, cooling, air conditioning or ventilation equipment, but not including the plenum.</P> <P> <E T="03">Automatic pump (oil lifter)</E> means a pump, not an integral part of the oil-burning appliance, that automatically pumps oil from the supply tank and delivers the oil under a constant head to an oil-burning appliance.</P> <P> <E T="03">Btu. British thermal units</E> means the quantity of heat required to raise the temperature of one pound of water one degree Fahrenheit.</P> <P> <E T="03">Btuh</E> means British thermal units per hour.</P> <P> <E T="03">Burner</E> means a device for the final conveyance of fuel or a mixture of fuel and air to the combustion zone.</P> <P> <E T="03">Central air conditioning system</E> means either an air conditioning split system or an external combination heating/cooling system.</P> <P> <E T="03">Class 0 air ducts</E> means ducts of materials and connectors having a fire-hazard classification of zero.</P> <P> <E T="03">Class 1 air ducts</E> means ducts of materials and connectors having a flame-spread rating of not over 25 without evidence of continued progressive combustion and a smoke-developed rating of not over 50.</P> <P> <E T="03">Class 2 air ducts</E> means ducts of materials and connectors having a flame-spread rating of not over 50 without evidence of continued progressive combustion and a smoke-developed rating of not over 50 for the inside surface and not over 100 for the outside surface.</P> <P> <E T="03">Clearance</E> means the distance between the appliance, chimney, vent, chimney or vent connector or plenum and the nearest surface.</P> <P> <E T="03">Connector-Gas appliance:</E> means a flexible or semi-rigid connector used to convey fuel gas between a gas outlet and a gas appliance.</P> <P> <E T="03">Energy Efficiency Ratio (EER)</E> means the ratio of the cooling capacity output of an air conditioner for each unit of power input.</P> <EXTRACT> <HD SOURCE="HD3">EER=Capacity (Btuh)/Power input (watts)</HD> </EXTRACT> <P> <E T="03">External combination heating/cooling system</E> means a comfort conditioning system placed external to the manufactured home with connecting ducts to the manufactured home for the supply and return air systems.</P> <P> <E T="03">Factory-built fireplace</E> means a hearth, fire chamber and chimney assembly composed of listed factory-built components assembled in accordance with the terms of listing to form a complete fireplace.</P> <P> <E T="03">Fireplace stove</E> means a chimney connected solid fuel-burning stove having part of its fire chamber open to the room.<PRTPAGE P="166"/> </P> <P> <E T="03">Fuel gas piping system</E> means the arrangement of piping, tubing, fittings, connectors, valves and devices designed and intended to supply or control the flow of fuel gas to the appliance(s).</P> <P> <E T="03">Fuel oil piping system</E> means the arrangement of piping, tubing, fittings, connectors, valves and devices designed and intended to supply or control the flow of fuel oil to the appliance(s).</P> <P> <E T="03">Gas clothes dryer</E> means a device used to dry wet laundry by means of heat derived from the combustion of fuel gases.</P> <P> <E T="03">Gas refrigerator</E> means a gas-burning appliance which is designed to extract heat from a suitable chamber.</P> <P> <E T="03">Gas supply connection</E> means the terminal end or connection to which a gas supply connector is attached.</P> <P> <E T="03">Gas supply connector, manufactured home</E> means a listed flexible connector designed for connecting the manufactured home to the gas supply source.</P> <P> <E T="03">Gas vents</E> means factory-built vent piping and vent fittings listed by an approved testing agency, that are assembled and used in accordance with the terms of their listings, for conveying flue gases to the outside atmosphere.</P> <P>(1) <E T="03">Type B gas vent</E> means a gas vent for venting gas appliances with draft hoods and other gas appliances listed for use with Type B gas vents.</P> <P>(2) <E T="03">Type BW gas vent</E> means a gas vent for venting listed gas-fired vented wall furnaces.</P> <P> <E T="03">Heat producing appliance</E> means all heating and cooking appliances and fuel burning appliances.</P> <P> <E T="03">Heating appliance</E> means an appliance for comfort heating or for domestic water heating.</P> <P> <E T="03">Liquefied petroleum gases.</E> The terms <E T="03">Liquefied petroleum gases, LPG</E> and <E T="03">LP-Gas</E> as used in this standard shall mean and include any material which is composed predominantly of any of the following hydrocarbons, or mixtures of them: propane, propylene butanes (normal butane or isobutane), and butylenes.</P> <P> <E T="03">Plenum</E> means an air compartment which is part of an air-distributing system, to which one or more ducts or outlets are connected.</P> <P>(1) Furnace supply plenum is a plenum attached directly to, or an integral part of, the air supply outlet of the furnace.</P> <P>(2) Furnace return plenum is a plenum attached directly to, or an integral part of, the return inlet of the furnace.</P> <P> <E T="03">Quick-disconnect device</E> means a hand-operated device which provides a means for connecting and disconnecting a gas supply or connecting gas systems and which is equipped with an automatic means to shut off the gas supply when the device is disconnected.</P> <P> <E T="03">Readily accessible</E> means direct access without the necessity of removing any panel, door, or similar obstruction.</P> <P> <E T="03">Roof jack</E> means that portion of a manufactured home heater flue or vent assembly, including the cap, insulating means, flashing, and ceiling plate, located in and above the roof of a manufactured home.</P> <P> <E T="03">Sealed combustion system appliance</E> means an appliance which by its inherent design is constructed so that all air supplied for combustion, the combustion system of the appliance, and all products of combustion are completely isolated from the atmosphere of the space in which it is installed.</P> <P> <E T="03">Water heater</E> means an appliance for heating water for domestic purposes other than for space heating.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4586, Feb. 12, 1987; 58 FR 55015, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.703</SECTNO> <SUBJECT>Minimum standards.</SUBJECT> <P>Heating, cooling and fuel burning appliances and systems in manufactured homes shall be free of defects, and shall conform to applicable standards in the following table unless otherwise specified in this standard. (See § 3280.4) When more than one standard is referenced, compliance with any one such standard shall meet the requirements of this standard.</P> <EXTRACT> <HD SOURCE="HD1">Appliances</HD> <FP SOURCE="FP-1">Central Cooling Air Conditioners—UL 465-Seventh Edition-1987 With Revisions through December 24, 1987.</FP> <FP SOURCE="FP-1">Liquid Fuel-Burning Heating Appliances for Manufactured Homes and Recreational Vehicle—UL 307A-Sixth Edition-1990, With Revisions through August 21, 1990.</FP> <FP SOURCE="FP-1">Electrical Air Heaters-UL 1025-Second Edition-1987 With Revisions July 13, 1989, February 6, 1990 and December 3, 1991.<PRTPAGE P="167"/> </FP> <FP SOURCE="FP-1">Electric Baseboard Heating Equipment—UL 1042-Third Edition-1987 With Revision July 15, 1993.</FP> <FP SOURCE="FP-1">Electric Central Air Heating Equipment—UL 1096-Fourth Edition-1986 With Revisions July 16, 1986 and January 30, 1988.</FP> <FP SOURCE="FP-1">Gas Burning Heating Appliances for Mobile Homes and Recreational Vehicles—UL 307B-First Edition-1982 With Revision May 18, 1987.</FP> <FP SOURCE="FP-1">Gas Clothes Dryers Vol. 1, Type 1 Clothes Dryers—ANSI Z21.5.1-1992.</FP> <FP SOURCE="FP-1">Gas Fired Absorption Summer Air Conditioning Appliances—ANSI Z21.40.1-1981, With Addenda Z21.40.1a-1982.</FP> <FP SOURCE="FP-1">Gas-Fired Central Furnaces [Except Direct Vent System Central Furnaces]—ANSI Z21.47-1990, With Addendum Z21.47a-1990 and Z21.47b-1992.</FP> <FP SOURCE="FP-1">Household Cooking Gas Appliances ANSI Z21.1-1990 With Addenda Z21.1a-1991 and Z211b-1993.</FP> <FP SOURCE="FP-1">Refrigerators Using Gas Fuel—ANSI Z21.19-1990, With Addenda Z21.19a-1992.</FP> <FP SOURCE="FP-1">Gas Water Heaters Vol. 1, Storage Water Heaters With Input Ratings of 75,000 BTU per hour or Less—ANSI Z21.10.1-1990, With Addendum Z21.10.1a-1991 and Z21.10.1b-1992.</FP> <FP SOURCE="FP-1">Household Electric Storage Tank Water Heaters—UL 174-Seventh Edition-1989 With Revisions May 8, 1990 and January 22, 1991.</FP> <HD SOURCE="HD1">Ferrous Pipe and Fittings</HD> <FP SOURCE="FP-1">Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless—ASTM A53-93.</FP> <FP SOURCE="FP-1">Standard Specification for Electric-Resistance-Welded Coiled Steel Tubing for Gas and Fuel Oil Lines—*ASTM A539-90a.</FP> <FP SOURCE="FP-1">Pipe Threads, General Purpose (Inch)—ANSI/ASME B1.20.1-1983.</FP> <FP SOURCE="FP-1">Welding and Seamless Wrought Steel Pipe—ANSI/ASME B36.10-1979.</FP> <HD SOURCE="HD1">Nonferrous Pipe, Tubing and Fittings</HD> <FP SOURCE="FP-1">Standard Specification for Seamless Copper Water Tube—ASTM B88-93.</FP> <FP SOURCE="FP-1">Standard Specification for Seamless Copper Tube for Air Conditioning and Refrigeration Field Service—ASTM B280-93.</FP> <FP SOURCE="FP-1">Metal Connectors for Gas Appliances—ANSI Z21.24-1987, With Addena Z21.24a 1990 and Z21.24b-1992.</FP> <FP SOURCE="FP-1">Manually Operated Gas Valves for Appliances, Appliance Connector Valves and Hose End Valves—ANSI Z21.15-1992.</FP> <FP SOURCE="FP-1">Standard for Gas Supply Connectors for Manufactured Homes—IAPMO TSC 9-92.</FP> <FP SOURCE="FP-1">Standard Specification for General Requirements for Wrought Seamless Copper and Copper-Alloy Tubes—ASTM B251-93.</FP> <FP SOURCE="FP-1">Standard Specification for Seamless Copper Pipe, Standard Sizes—ASTM B42-93.</FP> <FP SOURCE="FP-1">Direct Vent Central Furnaces—ANSI Z21.64-1990, With Addenda Z21.64a-1992.</FP> <HD SOURCE="HD3">Miscellaneous</HD> <FP SOURCE="FP-1">Factory-Made Air Ducts and Connectors—UL 181-Seventh Edition-1990, With Revision November 20, 1990.</FP> <FP SOURCE="FP-1">Tube Fittings for Flammable and Combustible Fluids, Refrigeration Service, and Marine Use—UL 109-Fifth Edition-1993.</FP> <FP SOURCE="FP-1">Pigtails and Flexible Hose Connectors for LP-Gas—UL 569-Sixth Edition-1990.</FP> <FP SOURCE="FP-1">Roof Jacks for Manufactured Homes and Recreational Vehicles—UL 311-Seventh Edition-1990.</FP> <FP SOURCE="FP-1">Relief Valves and Automatic Gas Shutoff Devices for Hot Water Supply Systems—ANSI Z21.22-1986, With Addenda Z21.22a-1990.</FP> <FP SOURCE="FP-1">Automatic Gas Ignition Systems and Components—ANSI Z21.20-1989, With Addendum Z21.20a-1991 and Z21.20b-1992.</FP> <FP SOURCE="FP-1">Automatic Valves for Gas Appliances—ANSI Z21.21-1987, With Addendum Z21.21a-1989 and Z21.21b-1992.</FP> <FP SOURCE="FP-1">Gas Appliance Thermostats—ANSI Z21.23-1989, With Addenda Z21.23a-1991.</FP> <FP SOURCE="FP-1">Gas Vents—UL 441-Seventh Edition-1991.</FP> <FP SOURCE="FP-1">Installation of Oil-Burning Equipment, NFPA 31-1992 Edition.</FP> <P>The following sections are applicable:</P> <FP SOURCE="FP1-2">1-1</FP> <FP SOURCE="FP1-2">1-2</FP> <FP SOURCE="FP1-2">1-3</FP> <FP SOURCE="FP1-2">1-4 except 1-4.1</FP> <FP SOURCE="FP1-2">1-5.1</FP> <FP SOURCE="FP1-2">1-5.2</FP> <FP SOURCE="FP1-2">1-5.4.2</FP> <FP SOURCE="FP1-2">1-5.4.3</FP> <FP SOURCE="FP1-2">1-5.5</FP> <FP SOURCE="FP1-2">1-5.6</FP> <FP SOURCE="FP1-2">1-6</FP> <FP SOURCE="FP1-2">1-7.2 except 1-7.2.4</FP> <FP SOURCE="FP1-2">1-8</FP> <FP SOURCE="FP1-2">1-9</FP> <FP SOURCE="FP1-2">1-10.1</FP> <FP SOURCE="FP1-2">3-1.1</FP> <FP SOURCE="FP1-2">3-1.3</FP> <FP SOURCE="FP1-2">3-1.4</FP> <FP SOURCE="FP1-2">3-1.5</FP> <FP SOURCE="FP1-2">3-1.6</FP> <FP SOURCE="FP1-2">3-10</FP> <FP SOURCE="FP1-2">4-1.3</FP> <FP SOURCE="FP1-2">4-1.4</FP> <FP SOURCE="FP1-2">4-1.5</FP> <FP SOURCE="FP1-2">4-2</FP> <FP SOURCE="FP1-2">4-3 except 4-3.2</FP> <FP SOURCE="FP1-2">4-4 except 4-4.2, 4-4.5.4, 4-4.6</FP> <FP SOURCE="FP1-2">4-4.7, 4-4.9 and 4-4.10 Appendices B, C. and E</FP> <FP SOURCE="FP-1">National Fuel Gas Code—NFPA 54-1992 ANSI 223.1.</FP> <FP SOURCE="FP-1">Warm Air Heating and Air Conditioning Systems, 1993 Edition, NFPA-90B.</FP> <P>The following sections are applicable:</P> <FP SOURCE="FP1-2">2-2.4</FP> <FP SOURCE="FP1-2">2-3.6</FP> <FP SOURCE="FP1-2">Table 3-1.3, Section B</FP> <FP SOURCE="FP1-2">4-1.6</FP> <PRTPAGE P="168"/> <FP SOURCE="FP-1">Standard for the Storage and Handling of Liquefied Petroleum Gases, 1992 Edition—NFPA-58.</FP> <FP SOURCE="FP-1">Flares for Tubing (1972)—SAE-J533b.</FP> <FP SOURCE="FP-1">Chimneys, Factory-Built Residential Type and Building Heating Appliance—UL 103-Seventh Edition—1989 With Revision February 23, 1989.</FP> <FP SOURCE="FP-1">Factory-Built Fireplaces—UL 127-Sixth Edition With Revisions January 4, 1989, June 10, 1991, June 29, 1992.</FP> <FP SOURCE="FP-1">Room Heaters Solid-Fuel Type—UL 1482—Third Edition—1988 With Revision September 13, 1988.</FP> <FP SOURCE="FP-1">Fireplace Stoves—UL 737—Sixth Edition—1988 With Revisions September 19, 1988, July 10, 1990 and June 10, 1991.</FP> <FP SOURCE="FP-1">Unitary Air-Conditioning and Air-Source Heat Pump Equipment—ANSI/ARI 210/240-89.</FP> <FP SOURCE="FP-1">AGA Requirements for Gas Connectors for Connection of Fixed Appliances for Outdoor Installation, Park Trailers and Manufactured (Mobile) Homes to the Gas Supply—No. 3-87.</FP> </EXTRACT> <CITA>[58 FR 55015, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.704</SECTNO> <SUBJECT>Fuel supply systems.</SUBJECT> <P>(a) <E T="03">LP—Gas system design and service line pressure.</E> (1) Systems shall be of the vapor-withdrawal type.</P> <P>(2) Gas, at a pressure not over 14 inches water column (<FR>1/2</FR> psi), shall be delivered from the system into the gas supply connection.</P> <P>(b) <E T="03">LP-gas containers—</E>(1) <E T="03">Maximum capacity.</E> No more than two containers having an individual water capacity of not more than 105 pounds (approximately 45 pounds LP-gas capacity), shall be installed on or in a compartment of any manufactured home.</P> <P>(2) <E T="03">Construction of containers.</E> Containers shall be constructed and marked in accordance with the specifications for LP-Gas Containers of the U.S. Department of Transportation (DOT) or the Rules for Construction of Pressure Vessels 1986, ASME Boiler and Pressure Vessel Code section VIII, Division 1 ASME Containers shall have a design pressure of at least 312.5 psig.</P> <P>(i) Container supply systems shall be arranged for vapor withdrawal only.</P> <P>(ii) Container openings for vapor withdrawal shall be located in the vapor space when the container is in service or shall be provided with a suitable internal withdrawal tube which communicates with the vapor space on or near the highest point in the container when it is mounted in service position, with the vehicle on a level surface. Containers shall be permanently and legibly marked in a conspicuous manner on the outside to show the correct mounting position and the position of the service outlet connection. The method of mounting in place shall be such as to minimize the possibility of an incorrect positioning of the container.</P> <P>(3) <E T="03">Location of LP-gas containers and systems.</E> (i) LP-gas containers shall not be installed, nor shall provisions be made for installing or storing any LP-gas container, even temporarily, inside any manufactured home except for listed, completely self-contained hand torches, lanterns, or similar equipment with containers having a maximum water capacity of not more than 2<FR>1/2</FR> pounds (approximately one pound LP-gas capacity).</P> <P>(ii) Containers, control valves, and regulating equipment, when installed, shall be mounted on the “A” frame of the manufactured home, or installed in a compartment that is vaportight to the inside of the manufactured home and accessible only from the outside. The compartment shall be ventilated at top and bottom to facilitate diffusion of vapors. The compartment shall be ventilated with two vents having an aggregate area of not less than two percent of the floor area of the compartment and shall open unrestricted to the outside atmosphere. The required vents shall be equally distributed between the floor and ceiling of the compartment. If the lower vent is located in the access door or wall, the bottom edge of the vent shall be flush with the floor level of the compartment. The top vent shall be located in the access door or wall with the bottom of the vent not more than 12 inches below the ceiling level of the compartment. All vents shall have an unrestricted discharge to the outside atmosphere. Access doors or panels of compartments shall not be equipped with locks or require special tools or knowledge to open.</P> <P>(iii) Permanent and removable fuel containers shall be securely mounted to prevent jarring loose, slipping or rotating and the fastenings shall be designed and constructed to withstand static loading in any direction equal to <PRTPAGE P="169"/>twice the weight of the tank and attachments when filled with fuel, using a safety factor of not less than four based on the ultimate strength of the material to be used.</P> <P>(4) <E T="03">LP-gas container valves and accessories.</E> (i) Valves in the assembly of a two-cylinder system shall be arranged so that replacement of containers can be made without shutting off the flow of gas to the appliance(s). This provision is not to be construed as requiring an automatic change-over device.</P> <P>(ii) Shutoff valves on the containers shall be protected as follows, in transit, in storage, and while being moved into final utilization by setting into a recess of the container to prevent possibility of their being struck if container is dropped upon a flat surface, or by ventilated cap or collar, fastened to the container, capable of withstanding a blow from any direction equivalent to that of a 30-pound weight dropped 4 feet. Construction shall be such that the blow will not be transmitted to the valve.</P> <P>(iii) [Reserved]</P> <P>(iv) Regulators shall be connected directly to the container shutoff valve outlets or mounted securely by means of a support bracket and connected to the container shutoff valve or valves with listed high pressure connections. If the container is permanently mounted the connector shall be as required above or with a listed semi-rigid tubing connector.</P> <P>(5) <E T="03">LP-gas safety devices.</E> (i) DOT containers shall be provided with safety relief devices as required by the regulations of the U.S. Department of Transportation. ASME containers shall be provided with relief valves in accordance with subsection 221 of the Standard for the Storage and Handling Liquefied Petroleum Gases, NFPA No. 58-1992. Safety relief valves shall have direct communication with the vapor space of the vessel.</P> <P>(ii) The delivery side of the gas pressure regulator shall be equipped with a safety relief device set to discharge at a pressure not less than two times and not more than three times the delivery pressure of the regulator.</P> <P>(iii) Systems mounted on the “A” frame assembly shall be so located that the discharge from the safety relief devices shall be into the open air and not less than three feet horizontally from any opening into the manufactured home below the level of such discharge.</P> <P>(iv) Safety relief valves located within liquefied petroleum gas container compartments may be less than three feet from openings provided the bottom vent of the compartment is at the same level or lower than the bottom of any opening into the vehicle, or the compartment is not located on the same wall plane as the opening(s) and is at least two feet horizontally from such openings.</P> <P>(6) <E T="03">LP-gas system enclosure and mounting.</E> (i) Housings and enclosures shall be designed to provide proper ventilation at least equivalent to that specified in § 3280.704(b)(3)(ii).</P> <P>(ii) Doors, hoods, domes, or portions of housings and enclosures required to be removed or opened for replacement of containers shall incorporate means for clamping them firmly in place and preventing them from working loose during transit.</P> <P>(iii) Provisions shall be incorporated in the assembly to hold the containers firmly in position and prevent their movement during transit.</P> <P>(iv) Containers shall be mounted on a substantial support or a base secured firmly to the vehicle chassis. Neither the container nor its support shall extend below the manufactured home frame.</P> <P>(c) <E T="03">Oil tanks—</E>(1) <E T="03">Installation.</E> Oil tanks and listed automatic pumps (oil lifters) installed for gravity flow of oil to heating equipment shall be installed so that the top of the tank is no higher than 8 feet above the appliance oil control and the bottom of the tank is not less than 18 inches above the appliance oil control.</P> <P>(2) <E T="03">Auxiliary oil storage tank.</E> Oil supply tanks affixed to a manufactured home shall be so located as to require filling and draining from the outside and shall be in a place readily available for inspection. If the fuel supply tank is located in a compartment of a manufactured home, the compartment shall be ventilated at the bottom to permit diffusion of vapors and shall be insulated from the structural members of the body. Tanks so installed shall be <PRTPAGE P="170"/>provided with an outside fill and vent pipe and an approved liquid level gage.</P> <P>(3) <E T="03">Shutoff valve.</E> A readily accessible, approved manual shutoff valve shall be installed at the outlet of an oil supply tank. The valve shall be installed to close against the supply.</P> <P>(4) <E T="03">Fuel oil filters.</E> All oil tanks shall be equipped with an approved oil filter or strainer located downstream from the tank shutoff valve. The fuel oil filter or strainer shall contain a sump with a drain for the entrapment of water.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 47 FR 49390, Nov. 1, 1982; 52 FR 4587, Feb. 12, 1987; 58 FR 55016, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.705</SECTNO> <SUBJECT>Gas piping systems.</SUBJECT> <P>(a) <E T="03">General.</E> The requirements of this section shall govern the installation of all fuel gas piping attached to any manufactured home. The gas piping supply system shall be designed for a pressure not exceeding 14 inch water column (<FR>1/2</FR> psi) and not less than 7 inch water column (<FR>1/4</FR> psi). The manufacturer shall indicate in his written installation instructions the design pressure limitations for safe and effective operation of the gas piping system. None of the requirements listed in this section shall apply to the piping supplied as a part of an appliance. All exterior openings around piping, ducts, plenums or vents shall be sealed to resist the entrance of rodents.</P> <P>(b) <E T="03">Materials.</E> All materials used for the installation, extension, alteration, or repair of any gas piping system shall be new and free from defects or internal obstructions. It shall not be permissible to repair defects in gas piping or fittings. Inferior or defective materials shall be removed and replaced with acceptable material. The system shall be made of materials having a melting point of not less than 1,450 F, except as provided in § 3280.705(e). They shall consist of one or more of the materials described in § 3280.705(b) (1) through (4).</P> <P>(1) Steel or wrought-iron pipe shall comply with ANSI Standard B36.10-1979, Welded and Seamless Wrought Steel Pipe. Threaded brass pipe in iron pipe sizes may be used. Threaded brass pipe shall comply with ASTM B43-91, Standard Specification for Seamless Red Brass Pipe, Standard Sizes.</P> <P>(2) Fittings for gas piping shall be wrought iron, malleable iron, steel, or brass (containing not more than 75 percent copper).</P> <P>(3) Copper tubing shall be anneled type, Grade K or L, conforming to the Standard Specification for Seamless Copper Water Tube (ASTM B88-93) or shall comply with the Standard Specification for Seamless Copper Tube for Air Conditioning and Refrigeration Field Service, ASTM B 280-93. Copper tubing shall be internally tinned.</P> <P>(4) Steel tubing shall have a minimum wall thickness of 0.032 inch for tubing of <FR>1/2</FR> inch diameter and smaller and 0.049 inch for diameters <FR>1/2</FR> inch and larger. Steel tubing shall be constructed in accordance with ASTM Standard Specification for Electric-Resistance-Welded Coiled Steel Tubing for Gas and Fuel Oil Lines, ASTM A 539-83, and shall be externally corrosion protected.</P> <P>(c) <E T="03">Piping design.</E> Each manufactured home requiring fuel gas for any purpose shall be equipped with a natural gas piping system acceptable for LP-gas. Where fuel gas piping is to be installed in more than one section of an expandable or multiple unit home, the design and construction of the crossover(s) shall be as follows:</P> <P>(1) All points of crossover shall be readily accessible from the exterior of the home.</P> <P>(2) The connection(s) between units shall be made with a connector(s) listed for exterior use or direct plumbing sized in accordance with § 3280.705(d). A shutoff valve of the nondisplaceable rotor type conforming to ANSI Z21.15-1992 Manually Operated Gas Valves for Appliances, Appliances Connector Valves and Hose End Valves, suitable for outdoor use shall be installed at each crossover point upstream of the connection when listed connectors are used.</P> <P>(3) The connection(s) may be made by a listed quick disconnect device which shall be designed to provide a positive seal of the supply side of the gas system when such device is separated.</P> <P>(4) The flexible connector, direct plumbing pipe, or “quick disconnect” <PRTPAGE P="171"/>device shall be provided with protection from mechanical and impact damage and located to minimize the possibility of tampering.</P> <P>(5) For gas line cross over connections made with either hard pipe or flexible connectors, the crossover point(s) shall be capped on the supply side to provide a positive seal and covered on the other side with a suitable protective covering.</P> <P>(6) Suitable protective coverings for the connection device(s) when separated, shall be permanently attached to the device or flexible connector.</P> <P>(7) When a quick disconnect device is installed, a 3 inch by 1<FR>3/4</FR> inch minimum size tag made of etched, metal-stamped or embossed brass, stainless steel, anodized or alcalde aluminum not less than 0.020 inch thick or other approved material (e.g., 0.005 inch plastic laminates) shall be permanently attached on the exterior wall adjacent to the access to the “quick disconnect” device. Each tag shall be legibly inscribed with the following information using letters no smaller than <FR>1/4</FR> inch high:</P> <EXTRACT> <HD SOURCE="HD3">Do Not Use Tools To Separate the “Quick-Disconnect” Device</HD> </EXTRACT> <P>(d) <E T="03">Gas pipe sizing.</E> Gas piping systems shall be sized so that the pressure drop to any appliance inlet connection from any gas supply connection, when all appliances are in operation at maximum capacity, is not more than 0.5 inch water column as determined on the basis of test, or in accordance with table 3280.705(d). When determining gas pipe sizing in the table, gas shall be assumed to have a specific gravity of 0.65 and rated at 1000 B.T.U. per cubic foot. The natural gas supply connection(s) shall be not less than the size of the gas piping but shall be not smaller than <FR>3/4</FR> inch nominal pipe size.</P> <P>(e) <E T="03">Joints for gas pipe.</E> All pipe joints in the piping system, unless welded or brazed, shall be threaded joints that comply with Pipe Threads, General Purpose (Inch), adopted 25 October 1984, ANSI/ASME B1.20.1-1983. Right and left nipples or couplings shall not be used. Unions, if used, shall be of ground joint type. The material used for welding or brazing pipe connections shall have a melting temperature in excess of 1,000 F.</P> <P>(f) <E T="03">Joints for tubing.</E> (1) Tubing joints shall be made with either a single or a double flare of 45 degrees in accordance with Flares For Tubing, SAE-J533b-1972 or with other listed vibration-resistant fittings, or joints may be brazed with material having a melting point exceeding 1,000 F. Metallic ball sleeve compression-type tubing fittings shall not be used.</P> <P>(2) Steel tubing joints shall be made with a double-flare in accordance with Flares For Tubing, SAE-J533b-1972.</P> <P>(g) <E T="03">Pipe joint compound.</E> Screw joints shall be made up tight with listed pipe joint compound, insoluble in liquefied petroleum gas, and shall be applied to the male threads only.</P> <P>(h) <E T="03">Concealed tubing.</E> Tubing shall not be run inside walls, floors, partitions, or roofs. Where tubing passes through walls, floors, partitions, roofs, or similar installations, such tubing shall be protected by the use of weather resistant grommets that shall snugly fit both the tubing and the hole through which the tubing passes.<PRTPAGE P="172"/> </P> <GPOTABLE CDEF="4,4,4,4,4,4,4,4,4,4,4,4,4,4,4,4,4,4,4,4,4,4" COLS="22" OPTS="L2"> <TTITLE>Part I—Maximum Capacity of Different Sizes of Pipe and Tubing in Thousands of Btu's Per Hour of Natural Gas For Gas Pressures of 0.5 Psig or Less and a Maximum Pressure Drop of <FR>1/2</FR> Inch Water Column</TTITLE> <BOXHD> <CHED H="1">Iron pipe sizes—Length in feet</CHED> <CHED H="2">I.D.</CHED> <CHED H="2">10</CHED> <CHED H="2">20</CHED> <CHED H="2">30</CHED> <CHED H="2">40</CHED> <CHED H="2">50</CHED> <CHED H="2">60</CHED> <CHED H="2">70</CHED> <CHED H="2">80</CHED> <CHED H="2">90</CHED> <CHED H="2">100</CHED> <CHED H="1">Tubing—Length in feet</CHED> <CHED H="2">O.D.</CHED> <CHED H="2">10</CHED> <CHED H="2">20</CHED> <CHED H="2">30</CHED> <CHED H="2">40</CHED> <CHED H="2">50</CHED> <CHED H="2">60</CHED> <CHED H="2">70</CHED> <CHED H="2">80</CHED> <CHED H="2">90</CHED> <CHED H="2">100</CHED> </BOXHD> <ROW> <ENT I="01"> <FR>1/4</FR>″</ENT> <ENT>43</ENT> <ENT>29</ENT> <ENT>24</ENT> <ENT>20</ENT> <ENT>18</ENT> <ENT>16</ENT> <ENT>15</ENT> <ENT>14</ENT> <ENT>13</ENT> <ENT>12</ENT> <ENT> <FR>3/8</FR>″</ENT> <ENT>27</ENT> <ENT>18</ENT> <ENT>15</ENT> <ENT>13</ENT> <ENT>11</ENT> <ENT>10</ENT> <ENT>9</ENT> <ENT>9</ENT> <ENT>8</ENT> <ENT>8</ENT> </ROW> <ROW> <ENT I="01"> <FR>3/8</FR>″</ENT> <ENT>95</ENT> <ENT>65</ENT> <ENT>52</ENT> <ENT>45</ENT> <ENT>40</ENT> <ENT>36</ENT> <ENT>33</ENT> <ENT>31</ENT> <ENT>29</ENT> <ENT>27</ENT> <ENT> <FR>1/2</FR>″</ENT> <ENT>56</ENT> <ENT>38</ENT> <ENT>31</ENT> <ENT>26</ENT> <ENT>23</ENT> <ENT>21</ENT> <ENT>19</ENT> <ENT>18</ENT> <ENT>17</ENT> <ENT>16</ENT> </ROW> <ROW> <ENT I="01"> <FR>1/2</FR>″</ENT> <ENT>175</ENT> <ENT>120</ENT> <ENT>97</ENT> <ENT>82</ENT> <ENT>73</ENT> <ENT>66</ENT> <ENT>61</ENT> <ENT>57</ENT> <ENT>53</ENT> <ENT>50</ENT> <ENT> <FR>5/8</FR>″</ENT> <ENT>113</ENT> <ENT>78</ENT> <ENT>62</ENT> <ENT>53</ENT> <ENT>47</ENT> <ENT>43</ENT> <ENT>39</ENT> <ENT>37</ENT> <ENT>34</ENT> <ENT>33</ENT> </ROW> <ROW> <ENT I="01"> <FR>3/4</FR>″</ENT> <ENT>360</ENT> <ENT>250</ENT> <ENT>200</ENT> <ENT>170</ENT> <ENT>151</ENT> <ENT>138</ENT> <ENT>125</ENT> <ENT>118</ENT> <ENT>110</ENT> <ENT>103</ENT> <ENT> <FR>3/4</FR>″</ENT> <ENT>197</ENT> <ENT>136</ENT> <ENT>109</ENT> <ENT>93</ENT> <ENT>83</ENT> <ENT>75</ENT> <ENT>69</ENT> <ENT>64</ENT> <ENT>60</ENT> <ENT>57</ENT> </ROW> <ROW> <ENT I="01">1″</ENT> <ENT>680</ENT> <ENT>465</ENT> <ENT>375</ENT> <ENT>320</ENT> <ENT>285</ENT> <ENT>260</ENT> <ENT>240</ENT> <ENT>220</ENT> <ENT>215</ENT> <ENT>195</ENT> <ENT> <FR>7/8</FR>″</ENT> <ENT>280</ENT> <ENT>193</ENT> <ENT>155</ENT> <ENT>132</ENT> <ENT>117</ENT> <ENT>106</ENT> <ENT>98</ENT> <ENT>91</ENT> <ENT>85</ENT> <ENT>81</ENT> </ROW> </GPOTABLE> <PRTPAGE P="173"/> <HD SOURCE="HD1">Part II [Reserved]</HD> <P>(i) <E T="03">Concealed joints.</E> Piping or tubing joints shall not be located in any floor, wall partition, or similar concealed construction space.</P> <P>(j) <E T="03">Gas supply connections.</E> When gas appliances are installed, at least one gas supply connection shall be provided on each home. The connection shall not be located beneath an exit door. Where more than one connection is provided, the piping system shall be sized to provide adequate capacity from each supply connection.</P> <P>(k) <E T="03">Identification of gas supply connections.</E> Each manufactured home shall have permanently affixed to the exterior skin at or near each gas supply connection or the end of the pipe, a tag of 3 inches by 1<FR>3/4</FR> inches minimum size, made of etched, metal-stamped or embossed brass, stainless steel, anodized or alcalde aluminum not less than 0.020 inch thick, or other approved material (e.g., 0.005 inch plastic laminates), which reads as follows. The connector capacity indicated on this tag shall be equal to or greater than the total Btuh rating of all intended gas appliances.</P> <BOXTXT> <HD SOURCE="HD1">Combination LP-Gas and Natural Gas System</HD> <P>This gas piping system is designed for use of either liquefied petroleum gas or natural gas.</P> <P>NOTICE: BEFORE TURNING ON GAS BE CERTAIN APPLIANCES ARE DESIGNED FOR THE GAS CONNECTED AND ARE EQUIPPED WITH CORRECT ORIFICES. SECURELY CAP THIS INLET WHEN NOT CONNECTED FOR USE.</P> <P>When connecting to lot outlet, use a listed gas supply connector for mobile homes rated at ☐ 100,000 Btuh or more; ☐ 250,000 Btuh or more.</P> <P>Before turning on gas, make certain all gas connections have been made tight, all appliance valves are turned off, and any unconnected outlets are capped.</P> <P>After turning on gas, test gas piping and connections to appliances for leakage with soapy water or bubble solution, and light all pilots.</P> </BOXTXT> <FP>The connector capacity indicated on this tag shall be equal to or greater than the total Btuh rating of all intended gas appliances.</FP> <P>(l) <E T="03">LP-gas supply connectors.</E> (1) A listed LP-gas flexible connection conforming to the UL Standard for Pigtails, and Flexible Hose Connectors for LP-Gas, UL 569—Sixth Edition—1990, or equal shall be supplied when LP-gas cylinder(s) and regulator(s) are supplied.</P> <P>(2) <E T="03">Appliance connections.</E> All gas burning appliances shall be connected to the fuel piping. Materials as provided in § 3280.705(b) or listed appliance connectors shall be used. Listed appliance connectors when used shall not run through walls, floors, ceilings or partitions, except for cabinetry, and shall be 3 feet or less in length or 6 feet or less for cooking appliances. Connectors of aluminum shall not be used outdoors. A manufactured home containing a combination LP-natural-gas-system may be provided with a gas outlet to supply exterior appliances when installed in accordance with the following:</P> <P>(i) No portion of the completed installation shall project beyond the wall of the manufactured home.</P> <P>(ii) The outlet shall be provided with an approved quick-disconnect device, which shall be designed to provided a positive seal on the supply side of the gas system when the appliance is disconnected. A shutoff valve of the nondisplaceable rotor type conforming to ANSI Z21.15-1992, Manually Operated Gas Valves, shall be installed immediately upstream of the quick-disconnect device. The complete device shall be provided as part of the original installation.</P> <P>(iii) Protective caps or plugs for the “quick-disconnect” device, when disconnected, shall be permanently attached to the manufactured home adjacent to the device.</P> <P>(iv) A tag shall be permanently attached to the outside of the exterior wall of the manufactured home as close as possible to the gas supply connection. The tag shall indicate the type of gas and the Btuh capacity of the outlet and shall be legibly inscribed as follows: </P> <EXTRACT> <P>THIS OUTLET IS DESIGNED FOR USE WITH GAS PORTABLE APPLIANCES WHOSE TOTAL INPUT DO NOT EXCEED <PRTPAGE P="174"/>——— BTUH. REPLACE PROTECTIVE COVERING OVER CONNECTOR WHEN NOT IN USE.</P> </EXTRACT> <P>(3) <E T="03">Valves.</E> A shutoff valve shall be installed in the fuel piping at each appliance inside the manufactured home structure, upstream of the union or connector in addition to any valve on the appliance and so arranged to be accessible to permit serving of the appliance and removal of its components. The shutoff valve shall be located within 6 feet of a cooking appliance and within 3 feet of any other appliance. A shutoff valve may serve more than one appliance if located as required above. Shut off valves shall be of the nondisplaceable rotor type and conform ANSI Z21.15-1992, Manually Operated Gas Valves.</P> <P>(4) <E T="03">Gas piping system openings.</E> All openings in the gas piping system shall be closed gas-tight with threaded pipe plugs or pipe caps.</P> <P>(5) <E T="03">Electrical ground.</E> Gas piping shall not be used for an electrical ground.</P> <P>(6) <E T="03">Couplings.</E> Pipe couplings and unions shall be used to join sections of threaded piping. Right and left nipples or couplings shall not be used.</P> <P>(7) <E T="03">Hangers and supports.</E> All gas piping shall be adequately supported by galvanized or equivalently protected metal straps or hangers at intervals of not more than 4 feet, except where adequate support and protection is provided by structural members. Solid-iron-pipe gas supply connection(s) shall be rigidly anchored to a structural member within 6 inches of the supply connection(s).</P> <P>(8) <E T="03">Testing for leakage.</E> (i) Before appliances are connected, piping systems shall stand a pressure of at least six inches mercury or three PSI gage for a period of not less than ten minutes without showing any drop in pressure. Pressure shall be measured with a mercury manometer or slope gage calibrated so as to be read in increments of not greater than one-tenth pound, or an equivalent device. The source of normal operating pressure shall be isolated before the pressure tests are made. Before a test is begun, the temperature of the ambient air and of the piping shall be approximately the same, and constant air temperature be maintained throughout the test.</P> <P>(ii) After appliances are connected, the piping system shall be pressurized to not less than 10 inches nor more than 14 inches water column and the appliance connections tested for leakage with soapy water or bubble solution.</P> <CITA>[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 54383, Oct. 5, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4587, Feb. 12, 1987; 58 FR 55016, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.706</SECTNO> <SUBJECT>Oil piping systems.</SUBJECT> <P>(a) <E T="03">General.</E> The requirements of this section shall govern the installation of all liquid fuel piping attached to any manufactured home. None of the requirements listed in this section shall apply to the piping in the appliance(s).</P> <P>(b) <E T="03">Materials.</E> All materials used for the installation extension, alteration, or repair, of any oil piping systems shall be new and free from defects or internal obstructions. The system shall be made of materials having a melting point of not less than 1,450 F, except as provided in § 280.706(d) and (e). They shall consist of one or more of the materials described in § 3280.706(b) (1) through (4).</P> <P>(1) Steel or wrought-iron pipe shall comply with ANSI B 36.10-1979, Welded and Seamless Wrought Steel Pipe. Threaded copper or brass pipe in iron pipe sizes may be used.</P> <P>(2) Fittings for oil piping shall be wrought-iron, malleable iron, steel, or brass (containing not more than 75 percent copper).</P> <P>(3) Copper tubing shall be annealed type, Grade K or L conforming to the Standard Specification for Seamless Copper Water Tube, ASTM B88-93, or shall comply with the Standard Specification for Seamless Copper Tube for Air Conditioning and Refrigeration Field Service, ASTM B280-93.</P> <P>(4) Steel tubing shall have a minimum wall thickness of 0.032 inch for diameters up to <FR>1/2</FR> inch and 0.049 inch for diameters <FR>1/2</FR> inch and larger. Steel tubing shall be constructed in accordance with the Specification for Electric-Resistance-Welded Coiled Steel Tubing for Gas and Field Oil Lines, ASTM, A539-90a, and shall be externally corrosion protected.<PRTPAGE P="175"/> </P> <P>(c) <E T="03">Size of oil piping.</E> The minimum size of all fuel oil tank piping connecting outside tanks to the appliance shall be no smaller than <FR>3/8</FR> inch OD copper tubing or <FR>1/4</FR> inch IPS. If No. 1 fuel oil is used with a listed automatic pump (fuel lifter), copper tubing shall be sized as specified by the pump manufacturer.</P> <P>(d) <E T="03">Joints for oil piping.</E> All pipe joints in the piping system, unless welded or brazed, shall be threaded joints which comply with ANSI/ASME B1.20.1-1983, Pipe Threads, General Purpose (Inch). The material used for brazing pipe connections shall have a melting temperature in excess of 1,000 F.</P> <P>(e) <E T="03">Joints for tubing.</E> Joints in tubing shall be made with either a single or double flare of the proper degree, as recommended by the tubing manufacturer, by means of listed tubing fittings, or brazed with materials having a melting point in excess of 1,000 F.</P> <P>(f) <E T="03">Pipe joint compound.</E> Threaded joints shall be made up tight with listed pipe joint compound which shall be applied to the male threads only.</P> <P>(g) <E T="03">Couplings.</E> Pipe couplings and unions shall be used to join sections of threaded pipe. Right and left nipples or couplings shall not be used.</P> <P>(h) <E T="03">Grade of piping.</E> Fuel oil piping installed in conjunction with gravity feed systems to oil heating equipment shall slope in a gradual rise upward from a central location to both the oil tank and the appliance in order to eliminate air locks.</P> <P>(i) <E T="03">Strap hangers.</E> All oil piping shall be adequately supported by galvanized or equivalently protected metal straps or hangers at intervals of not more than 4 feet, except where adequate support and protection is provided by structural members. Solid-iron-pipe oil supply connection(s) shall be rigidly anchored to a structural member within 6 inches of the supply connection(s).</P> <P>(j) <E T="03">Testing for leakage.</E> Before setting the system in operation, tank installations and piping shall be checked for oil leaks with fuel oil of the same grade that will be burned in the appliance. No other material shall be used for testing fuel oil tanks and piping. Tanks shall be filled to maximum capacity for the final check for oil leakage.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4588, Feb. 12, 1987; 58 FR 55017, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.707</SECTNO> <SUBJECT>Heat producing appliances.</SUBJECT> <P>(a) Heat-producing appliances and vents, roof jacks and chimneys necessary for their installation in manufactured homes shall be listed or certified by a nationally recognized testing agency for use in manufactured homes.</P> <P>(1) A manufactured home shall be provided with a comfort heating system.</P> <P>(i) When a manufactured home is manufactured to contain a heating appliance, the heating appliance shall be installed by the manufacturer of the manufactured home in compliance with applicable sections of this subpart.</P> <P>(ii) When a manufactured home is manufactured for field application of an external heating or combination heating/cooling appliance, preparation of the manufactured home for this external application shall comply with the applicable sections of this part.</P> <P>(2) Gas and oil burning comfort heating appliances shall have a flue loss of not more than 25 percent, and a thermal efficiency of not less than that specified in nationally recognized standards (<E T="03">See</E> § 3280.703).</P> <P>(b) Fuel-burning heat-producing appliances and refrigeration appliances, except ranges and ovens, shall be of the vented type and vented to the outside.</P> <P>(c) Fuel-burning appliances shall not be converted from one fuel to another fuel unless converted in accordance with the terms of their listing and the appliance manufacturer's instructions.</P> <P>(d) <E T="03">Performance efficiency.</E> (1) All automatic electric storage water heaters installed in manufactured homes shall have a standby loss not exceeding 43 watts/meter<SU>2</SU> (4 watts/ft<SU>2</SU>) of tank surface area. The method of test for standby loss shall be as described in section 4.3.1 of Household Automatic Electric Storage Type Water Heaters, ANSI C72.1-1972.</P> <P>(2) All gas and oil-fired automatic storage water heaters shall have a recovery efficiency, E, and a standby <PRTPAGE P="176"/>loss, S, as described below. The method of test of E and S shall be as described in section 2.7 of Gas Water heaters, Vol. I, Storage Water Heaters with Input/Ratings of 75,000 BTU per hour or less, ANSI Z21.10.1-1990, with addendums Z21.10.1a-1991 and Z21.10.1b-1992 except that for oil-fired units. CF=1.0, Q=total gallons of oil consumed and H=total heating value of oil in BTU/gallon.</P> <GPOTABLE CDEF="s25,r36,r42" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Storage capacity in gallons</CHED> <CHED H="1">Recovery efficiency</CHED> <CHED H="1">Standby loss</CHED> </BOXHD> <ROW> <ENT I="01">Less than 25</ENT> <ENT>At least 75 percent</ENT> <ENT>Not more than 7.5 percent.</ENT> </ROW> <ROW> <ENT I="01">25 up to 35</ENT> <ENT>00</ENT> <ENT>Not more than 7 percent.</ENT> </ROW> <ROW> <ENT I="01">35 or more</ENT> <ENT>00</ENT> <ENT>Not more than 6 percent.</ENT> </ROW> </GPOTABLE> <P>(e) Each space heating, cooling or combination heating and cooling system shall be provided with at least one readily adjustable automatic control for regulation of living space temperature. The control shall be placed a minimum of 3 feet from the vertical edge of the appliance compartment door. It shall not be located on an exterior wall or on a wall separating the appliance compartment from a habitable room.</P> <P>(f) <E T="03">Oil-fired heating equipment.</E> All oil-fired heating equipment shall conform to liquid fuel-burning heating appliances for UL 307A—Fifth Edition—1987, Liquid Fuel-Burning Heating Appliances for Mobile Homes and Recreational Vehicles, and be installed in accordance with Installation of Oil Burning Equipment, NFPA 31-1983. Regardless of the requirements of the above referenced standards, or any other referenced standards, the following are not required:</P> <P>(1) External switches or remote controls which shut off the burner or the flow of oil to the burner, or</P> <P>(2) An emergency disconnect switch to interrupt electric power to the equipment under conditions of excessive temperature.</P> <CITA>[40 FR 58752, Dec. 17, 1975, as amended at 42 FR 54383, Oct. 5, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 47 FR 49391, Nov. 1, 1982; 52 FR 4588, Feb. 12, 1987; 52 FR 47553, Dec. 15, 1987; 58 FR 55017, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.708</SECTNO> <SUBJECT>Exhaust duct system and provisions for the future installation of a clothes dryer.</SUBJECT> <P>(a) <E T="03">Clothes dryers.</E> (1) All gas and electric clothes dryers shall be exhausted to the outside by a moisture-lint exhaust duct and termination fitting. When the clothes dryer is supplied by the manufacturer, the exhaust duct and termination fittings shall be completely installed by the manufacturer. However, if the exhaust duct system is subject to damage during transportation, it need not be completely installed at the factory when:</P> <P>(i) The exhaust duct system is connected to the clothes dryer, and</P> <P>(ii) A moisture lint exhaust duct system is roughed in and installation intructions are provided in accordance with paragraph (b)(3) or (c) of this section.</P> <P>(2) A clothes dryer moisture-lint exhaust duct shall not be connected to any other duct, vent or chimney.</P> <P>(3) The exhaust duct shall not terminate beneath the manufactured home.</P> <P>(4) Moisture-lint exhaust ducts shall not be connected with sheet metal screws or other fastening devices which extend into the interior of the duct.</P> <P>(5) Moisture-lint exhaust duct and termination fittings shall be installed in accordance with the appliance manufacturer's printed instructions.</P> <P>(b) <E T="03">Provisions for future intallation of a gas clothes dryer.</E> A manufactured home may be provided with “stubbed in” equipment at the factory to supply a gas clothes dryer for future installation by the owner provided it complies with the following provisions:</P> <P>(1) The “stubbed in” gas outlet shall be provided with a shutoff valve, the outlet of which is closed by threaded pipe plug or cap;</P> <P>(2) The “stubbed in” gas outlet shall be permanently labeled to identify it for use only as the supply connection for a gas clothes dryer;</P> <P>(3) A moisture lint duct system consisting of a complete access space (hole) through the wall or floor cavity with a cap or cover on the interior and exterior of the cavity secured in such a manner that they can be removed by a common household tool shall be provided. The cap or cover in place shall limit air infiltration and be designed to <PRTPAGE P="177"/>resist the entry of water or rodents. The manufacturer is not required to provide the moisture-lint exhaust duct or the termination fitting. The manufacturer shall provide written instructions to the owner on how to complete the exhaust duct installation in accordance with provisions of § 3280.708(a)(1) through (5).</P> <P>(c) <E T="03">Provisions for future installation of a electric clothes dryers.</E> When wiring is installed to supply an electric clothes dryer for future installation by the owner, the manufacturer shall:</P> <P>(1) Provide a roughed in moisture-lint exhaust duct system consisting of a complete access space (hole) through the wall or floor cavity with a cap or cover on the interior and exterior of the cavity which are secured in such a manner that they can be removed by the use of common household tools. The cap or cover in place shall limit air filtration and be designed to resist the entry of water or rodents into the home. The manufacturer is not required to provide the moisture-lint exhaust duct or the termination fitting;</P> <P>(2) Install a receptacle for future connection of the dryer;</P> <P>(3) Provide written instructions on how to complete the exhaust duct installation in accordance with the provisions of paragraphs (a)(1) through (5) of this section.</P> <CITA>[42 FR 54383, Oct. 5, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55018, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.709</SECTNO> <SUBJECT>Installation of appliances.</SUBJECT> <P>(a) The installation of each appliance shall conform to the terms of its listing and the manufacturer's instructions. The installer shall leave the manufacturer's instructions attached to the appliance. Every appliance shall be secured in place to avoid displacement. For the purpose of servicing and replacement, each appliance shall be both accessible and removable.</P> <P>(b) Heat-producing appliances shall be so located that no doors, drapes, or other such material can be placed or swing closer to the front of the appliance than the clearances specified on the labeled appliances.</P> <P>(c) Clearances surrounding heat producing appliances shall not be less than the clearances specified in the terms of their listings.</P> <P>(1) Prevention of storage. The area surrounding heat producing appliances installed in areas with interior or exterior access shall be framed-in or guarded with noncombustible material such that the distance from the appliance to the framing or guarding material is not greater than three inches unless the appliance is installed in compliance with paragraph (c)(2), of this section. When clearance required by the listing is greater than three inches, the guard or frame shall not be closer to the appliance than the distance provided in the listing.</P> <P>(2) Clearance spaces surrounding heat producing appliances are not required to be framed-in or guarded when:</P> <P>(i) A space is designed specifically for a clothes washer or dryer;</P> <P>(ii) Dimensions surrounding the appliance do not exceed three inches; or</P> <P>(iii) The manufacturer affixes either to a side of an alcove or compartment containing the appliance, or to the appliance itself, in a clearly visible location, a 3″×5″ adhesive backed plastic laminated label or the equivalent which reads as follows:</P> <EXTRACT> <HD SOURCE="HD3">“Warning”</HD> <P>This compartment is not to be used as a storage area. Storage of combustible materials or containers on or near any appliance in this compartment may create a fire hazard. Do not store such materials or containers in this compartment.</P> </EXTRACT> <P>(d) All fuel-burning appliances, except ranges, ovens, illuminating appliances, clothes dryers, solid fuel-burning fireplaces and solid fuel-burning fireplace stoves, shall be installed to provide for the complete separation of the combustion system from the interior atmosphere of the manufactured home. Combustion air inlets and flue gas outlets shall be listed or certified as components of the appliance. The required separation may be obtained by:</P> <P>(1) The installation of direct vent system (sealed combustion system) appliances, or</P> <P>(2) The installation of appliances within enclosures so as to separate the appliance combustion system and venting system from the interior atmosphere of the manufactured home. There <PRTPAGE P="178"/>shall not be any door, removable access panel, or other opening into the enclosure from the inside of the manufactured home. Any opening for ducts, piping, wiring, etc., shall be sealed.</P> <P>(e) A forced air appliance and its return-air system shall be designed and installed so that negative pressure created by the air-circulating fan cannot affect its or another appliance's combustion air supply or act to mix products of combustion with circulating air.</P> <P>(1) The air circulating fan of a furnace installed in an enclosure with another fuel-burning appliance shall be operable only when any door or panel covering an opening in the furnace fan compartment or in a return air plenum or duct is in the closed position. This does not apply if both appliances are direct vent system (sealed combustion system) appliances.</P> <P>(2) If a warm air appliance is installed within an enclosure to conform to § 3280.709(d)(2), each warm-air outlet and each return air inlet shall extend to the exterior of the enclosure. Ducts, if used for that purpose, shall not have any opening within the enclosure and shall terminate at a location exterior to the enclosure.</P> <P>(3) Cooling coils installed as a portion of, or in connection with, any forced-air furnace shall be installed on the downstream side unless the furnace is specifically otherwise listed.</P> <P>(4) An air conditioner evaporator section shall not be located in the air discharge duct or plenum of any forced-air furnace unless the manufactured home manufacturer has complied with certification required in § 3280.511.</P> <P>(5) If a cooling coil is installed with a forced-air furnace, the coil shall be installed in accordance with its listing. When a furnace-coil unit has a limited listing, the installation must be in accordance with that listing.</P> <P>(6) When an external heating appliance or combination cooling/heating appliance is to be field installed, the home manufacturer shall make provision for proper location of the connections to the supply and return air systems. The manufacturer is not required to provide said appliance(s). The preparation by the manufacturer for connection to the home's supply and return air system shall include all fittings and connection ducts to the main duct and return air system such that the installer is only required to provide:</P> <P>(i) The appliance;</P> <P>(ii) Any appliance connections to the home; and</P> <P>(iii) The connecting duct between the external appliance and the fitting installed on the home by the manufacturer. The above connection preparations by the manufacturer do not apply to supply or return air systems designed only to accept external cooling (i.e., self contained air conditioning systems, etc.)</P> <P>(7) The installation of a self contained air conditioner comfort cooling appliance shall meet the following requirements:</P> <P>(i) The installation on a duct common with an installed heating appliance shall require the installation of an automatic damper or other means to prevent the cooled air from passing through the heating appliance unless the heating appliance is certified or listed for such application and the supply system is intended for such an application.</P> <P>(ii) The installation shall prevent the flow of heated air into the external cooling appliance and its connecting ducts to the manufactured home supply and return air system during the operation of the heating appliance installed in the manufactured home.</P> <P>(iii) The installation shall prevent simultaneous operation of the heating and cooling appliances.</P> <P>(f) <E T="03">Vertical clearance above cooking top.</E> Ranges shall have a vertical clearance above the cooking top of not less than 24 inches. (See § 3280.204).</P> <P>(g) Solid fuel-burning factory-built fireplaces and fireplace stoves listed for use in manufactured homes may be installed in manufactured homes provided they and their installation conform to the following paragraphs. A fireplace or fireplace stove shall not be considered as a heating facility for determining compliance with subpart F.</P> <P>(1) A solid fuel-burning fireplace or fireplace stove shall be equipped with integral door(s) or shutter(s) designed to close the fireplace or fireplace stove fire chamber opening and shall include complete means for venting through <PRTPAGE P="179"/>the roof, a combustion air inlet, a hearth extension, and means to securely attach the fireplace or the fireplace stove to the manufactured home structure. The installation shall conform to the following paragraphs (g)(1) (i) to (vii) inclusive:</P> <P>(i) A listed factory-built chimney designed to be attached directly to the fireplace or fireplace stove shall be used. The listed factory built chimney shall be equipped with and contain as part of its listing a termination device(s) and a spark arrester(s).</P> <P>(ii) A fireplace or fireplace stove, air intake assembly, hearth extension and the chimney shall be installed in accordance with the terms of their listings and their manufacturer's instructions.</P> <P>(iii) The combustion air inlet shall conduct the air directly into the fire chamber and shall be designed to prevent material from the hearth dropping onto the area beneath the manufactured home.</P> <P>(iv) The fireplace or fireplace stove shall not be installed in a sleeping room.</P> <P>(v) Hearth extension shall be of noncombustible material not less than <FR>3/8</FR>-inch thick. The hearth shall extend at least 16 inches in front or and at least 8 inches beyond each side of the fireplace or fireplace stove opening. Furthermore the hearth shall extend over the entire surface beneath a fireplace stove and beneath an elevated or overhanging fireplace.</P> <P>(vi) The label on each solid fuel-burning fireplace and solid fuel-burning fireplace stove shall include the following wording: For use with solid fuel only.</P> <P>(vii) The chimney shall extend at least three feet above the part of the roof through which it passes and at least two feet above the highest elevation of any part of the manufactured home within 10 feet of the chimney. Portions of the chimney and termination that exceed an elevation of 13<FR>1/2</FR> ft. above ground level may be designed to be removed for transporting the manufactured home.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 44 FR 66195, Nov. 19, 1979; 58 FR 55018, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.710</SECTNO> <SUBJECT>Venting, ventilation and combustion air.</SUBJECT> <P>(a) The venting as required by § 3280.707(b) shall be accomplished by one or more of the methods given in (a)(1) and (2) of this section:</P> <P>(1) An integral vent system listed or certified as part of the appliance.</P> <P>(2) A venting system consisting entirely of listed components, including roof jack, installed in accordance with the terms of the appliance listing and the appliance manufacturer's instructions.</P> <P>(b) Venting and combustion air systems shall be installed in accordance with the following:</P> <P>(1) Components shall be securely assembled and properly aligned at the factory in accordance with the appliance manufacturer's instructions except vertical or horizontal sections of a fuel fired heating appliance venting system that extend beyond the roof line or outside the wall line may be installed at the site. Sectional venting systems shall be listed for such applications and installed in accordance with the terms of their listings and manufacturers' instructions. In cases where sections of the venting system are removed for transportation, a label shall be permanently attached to the appliance indicating the following: </P> <EXTRACT> <P>Sections of the venting system have not been installed. Warning-do not operate the appliance until all sections have been assembled and installed in accordance with the manufacturer's instructions.</P> </EXTRACT> <P>(2) Draft hood connectors shall be firmly attached to draft hood outlets or flue collars by sheet metal screws or by equivalent effective mechanical fasteners.</P> <P>(3) Every joint of a vent, vent connector, exhaust duct and combustion air intake shall be secure and in alignment.</P> <P>(c) Venting systems shall not terminate underneath a manufactured home.</P> <P>(d) Venting system terminations shall be not less than three feet from any motor-driven air intake discharging into habitable areas.</P> <P>(e) The area in which cooking appliances are located shall be ventilated by a metal duct which may be single wall, not less than 12.5 square inches in <PRTPAGE P="180"/>cross-sectional area (minimum dimension shall be two inches) located above the appliance(s) and terminating outside the manufactured home, or by listed mechanical ventilating equipment discharging outside the home, that is installed in accordance with the terms of listing and the manufacturer's instructions. Gravity or mechanical ventilation shall be installed within a horizontal distance of not more than ten feet from the vertical front of the appliance(s).</P> <P>(f) Mechanical ventilation which exhausts directly to the outside atmosphere from the living space of a home shall be equipped with an automatic or manual damper. Operating controls shall be provided such that mechanical ventilation can be separately operated without directly energizing other energy consuming devices.</P> <CITA>[49 FR 32012, Aug. 9, 1984, as amended at 58 FR 55018, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.711</SECTNO> <SUBJECT>Instructions.</SUBJECT> <P>Operating instructions shall be provided with each appliance. These instructions shall include directions and information covering the proper use and efficient operation of the appliance and its proper maintenance.</P> </SECTION> <SECTION> <SECTNO>§ 3280.712</SECTNO> <SUBJECT>Marking.</SUBJECT> <P>(a) Information on clearances, input rating, lighting and shutdown shall be attached to the appliances with the same permanence as the nameplate, and so located that it is easily readable when the appliance is properly installed or shutdown for transporting of manufactured home.</P> <P>(b) Each fuel-burning appliance shall bear permanent marking designating the type(s) of fuel for which it is listed.</P> </SECTION> <SECTION> <SECTNO>§ 3280.713</SECTNO> <SUBJECT>Accessibility.</SUBJECT> <P>Every appliance shall be accessible for inspection, service, repair, and replacement without removing permanent construction. For those purposes, inlet piping supplying the appliance shall not be considered permanent construction. Sufficient room shall be available to enable the operator to observe the burner, control, and ignition means while starting the appliance.</P> <CITA>[58 FR 55018, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.714</SECTNO> <SUBJECT>Appliances, cooling.</SUBJECT> <P>(a) Every air conditioning unit or a combination air conditioning and heating unit shall be listed or certified by a nationally recognized testing agency for the application for which the unit is intended and installed in accordance with the terms of its listing.</P> <P>(1) Mechanical air conditioners shall be rated in accordance with the ARI Standard 210/240-89 Unitary Air Conditioning and Air Source Unitary Heat Pump Equipment and certified by ARI or other nationally recognized testing agency capable of providing follow-up service.</P> <P>(i) Electric motor-driven unitary cooling systems with rated capacity less than 65,000 BTU/Hr when rated at ARI Standard rating conditions in ARI Standard 210/240-89 Unitary Air-Conditioning and Air-Source Heat Pump Equipment, shall show energy efficiency (EER) values not less than 7.2.</P> <P>(ii) Heat pumps shall be certified to comply with all the requirements of the ARI Standard 210/240-89 Unitary Air Conditioning and Air Source Unitary Heat Pump Equipment. Electric motor-driven vapor compression heat pumps with supplemental electrical resistance heat shall be sized to provide by compression at least 60 percent of the calculated annual heating requirements for the manufactured home being served. A control shall be provided and set to prevent operation of supplemental electrical resistance heat at outdoor temperatures above 40 F, except for defrost operation.</P> <P>(iii) Electric motor-driven vapor compression heat pumps with supplemental electric resistance heat conforming to ARI Standard 210/240-89 Unitary Air-Conditioning and Air-Source Heat Pump Equipment shall show coefficient of performance ratios not less than shown below:</P> <GPOTABLE CDEF="s25,11" COLS="2" OPTS="L2,i1"> <TTITLE>COP</TTITLE> <BOXHD> <CHED H="1">Temperature degrees <LI>fahrenheit</LI> </CHED> <CHED H="1">Coefficient of performance</CHED> </BOXHD> <ROW> <ENT I="01">47</ENT> <ENT>2.5</ENT> </ROW> <ROW> <ENT I="01">17</ENT> <ENT>1.7</ENT> </ROW> <ROW> <ENT I="01">0</ENT> <ENT>1.0</ENT> </ROW> </GPOTABLE> <P>(2) Gas-fired absorption air conditioners shall be listed or certified in accordance with ANSI Standard <PRTPAGE P="181"/>Z21.40.1-1981 “Gas-fired Absorption Summer Air Conditioning Appliances” with addenda la-1982, and certified by a nationally recognized testing agency capable of providing follow-up service.</P> <P>(3) Direct refrigerating systems serving any air conditioning or comfort-cooling system installed in a manufactured home shall employ a type of refrigerant that ranks no lower than Group 5 in the Underwriters' Laboratories, Inc. “Classification of Comparative Life Hazard of Various Chemicals.”</P> <P>(4) When a cooling or heat pump coil and air conditioner blower are installed with a furnace or heating appliance, they shall be tested and listed in combination for heating and safety performance by a nationally recognized testing agency.</P> <P>(5) Cooling or heat pump indoor coils and outdoor sections shall be certified, listed and rated in combination for capacity and efficiency by a nationally recognized testing agency(ies). Rating procedures shall be based on U.S. Department of Energy test procedures.</P> <P>(b) <E T="03">Installation and instructions.</E> (1) The installation of each appliance shall conform to the terms of its listing as specified on the appliance and in the manufacturer's instructions. The installer shall include the manufacturer's installation instructions in the manufactured home. Appliances shall be secured in place to avoid displacement and movement from vibration and road shock.</P> <P>(2) Operating instructions shall be provided with the appliance.</P> <P>(c) Fuel-burning air conditioners shall also comply with § 280.707.</P> <P>(d) The appliance rating plate shall be so located that it is easily readable when the appliance is properly installed.</P> <P>(e) Every installed appliance shall be accessible for inspection, service, repair and replacement without removing permanent construction.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55018, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.715</SECTNO> <SUBJECT>Circulating air systems.</SUBJECT> <P>(a) <E T="03">Supply system.</E> (1) Supply ducts and any dampers contained therein shall be made from galvanized steel, tin-plated steel, or aluminum, or shall be listed Class 0, Class 1, or Class 2 air ducts. Class 2 air ducts shall be located at least 3 feet from the furnace bonnet or plenum. A duct system integral with the structure shall be of durable construction that can be demonstrated to be equally resistant to fire and deterioration. Ducts constructed from sheet metal shall be in accordance with the following table:</P> <GPOTABLE CDEF="s50,8,8" COLS="3" OPTS="L2"> <TTITLE>Minimum Metal Thickness for Ducts <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">Duct type</CHED> <CHED H="1">Diameter 14 in. or less</CHED> <CHED H="1">Width over 14 in.</CHED> </BOXHD> <ROW> <ENT I="01">Round</ENT> <ENT>0.013</ENT> <ENT>0.016</ENT> </ROW> <ROW> <ENT I="01">Enclosed rectangular</ENT> <ENT>.013</ENT> <ENT>.016</ENT> </ROW> <ROW> <ENT I="01">Exposed rectangular</ENT> <ENT>.016</ENT> <ENT>.019</ENT> </ROW> <TNOTE> <SU>1</SU> When “nominal” thicknesses are specified, 0.003 in. shall be added to these “minimum” metal thicknesses.</TNOTE> </GPOTABLE> <P>(2) <E T="03">Sizing of ducts for heating.</E> (i) Ducts shall be so designed that when a labeled forced-air furnace is installed and operated continuously at its normal heating air circulating rate in the manufactured home, with all registers in the full open position, the static pressure measured in the casing shall not exceed 90% of that shown on the label of the appliance. For upflow furnaces the static pressure shall be taken in the duct plenum. For external heating or combination heating/cooling appliances the static pressure shall be taken at the point used by the agency listing or certifying the appliance.</P> <P>(ii) When an evaporator-coil specifically designed for the particular furnace is installed between the furnace and the duct plenum, the total static pressure shall be measured downstream of the coil in accordance with the appliance label and shall not exceed 90 percent of that shown on the label of the appliance.</P> <P>(iii) When any other listed air-cooler coil is installed between the furnace and the duct plenum, the total static pressure shall be measured between the furnace and the coil and it shall not exceed 90 percent of that shown on the label of the furnace.</P> <P>(iv) The minimum dimension of any branch duct shall be at least 1<FR>1/2</FR> inches, and of any main duct, 2<FR>1/2</FR> inches.</P> <P>(3) <E T="03">Sizing of ducts.</E> (i) The manufactured home manufacturer shall certify the capacity of the air cooling supply <PRTPAGE P="182"/>duct system for the maximum allowable output of ARI certified central air conditioning systems. The certification shall be at operating static pressure of 0.3 inches of water or greater. (See § 3280.511).</P> <P>(ii) The refrigerated air cooling supply duct system including registers must be capable of handling at least 300 cfm per 10,000 btuh with a static pressure no greater than 0.3 inches of water when measured at room temperature. In the case of application of external self contained comfort cooling appliances or the cooling mode of combination heating/cooling appliances, either the external ducts between the appliance and the manufactured home supply system shall be considered part of, and shall comply with the requirements for the refrigerated air cooling supply duct system, or the connecting duct between the external appliance and the mobile supply duct system shall be a part of the listed appliance. The minimum dimension of any branch duct shall be at least 1<FR>1/2</FR> inches, and of any main duct, 2<FR>1/2</FR> inches.</P> <P>(4) <E T="03">Airtightness of supply duct systems.</E> A supply duct system shall be considered substantially airtight when the static pressure in the duct system, with all registers sealed and with the furnace air circulator at high speed, is at least 80 percent of the static pressure measured in the furnace casing, with its outlets sealed and the furnace air circulator operating at high speed. For the purpose of this paragraph and § 3280.715(b) pressures shall be measured with a water manometer or equivalent device calibrated to read in increments not greater than <FR>1/10</FR> inch water column.</P> <P>(5) <E T="03">Expandable or multiple manufactured home connections.</E> (i) An expandable or multiple manufactured home may have ducts of the heating system installed in the various units. The points of connection must be so designed and constructed that when the manufactured home is fully expanded or coupled, the resulting duct joint will conform to the requirements of this part.</P> <P>(ii) Installation instructions for supporting the crossover duct from the manufactured home shall be provided for onsite installation. The duct shall not be in contact with the ground.</P> <P>(6) Air supply ducts shall be insulated with material having an effective thermal resistance (R) of not less than 4.0 unless they are within manufactured home insulation having a minimum effective value of R-4.0 for floors or R-6.0 for ceilings.</P> <P>(7) Supply and return ducts exposed directly to outside air, such as under chassis crossover ducts or ducts connecting external heating, cooling or combination heating/cooling appliances shall be insulated with material having a minimum thermal resistance of R=4.0, with a continuous vapor barrier having a perm rating of not more than 1 perm. Where exposed underneath the manufactured home, all such ducts shall comply with § 3280.715(a)(5)(ii).</P> <P>(b) <E T="03">Return air systems—</E>(1) <E T="03">Return air openings.</E> Provisions shall be made to permit the return of circulating air from all rooms and living spaces, except toilet room(s), to the circulating air supply inlet of the furnace.</P> <P>(2) <E T="03">Duct material.</E> Return ducts and any diverting dampers contained therein shall be in accordance with the following:</P> <P>(i) Portions of return ducts directly above the heating surfaces, or closer than 2 feet from the outer jacket or casing of the furnace shall be constructed of metal in accordance with § 3280.715(a)(1) or shall be listed Class 0 or Class 1 air ducts.</P> <P>(ii) Return ducts, except as required by paragraph (a) of this section, shall be constructed of one-inch (nominal) wood boards (flame spread classification of not more than 200), other suitable material no more flammable than one-inch board or in accordance with § 3280.715(a)(1).</P> <P>(iii) The interior of combustible ducts shall be lined with noncombustible material at points where there might be danger from incandescent particles dropped through the register or furnace such as directly under floor registers and the bottom return.</P> <P>(iv) Factory made air ducts used for connecting external heating, cooling or combination heating/cooling appliances to the supply system and return air system of a manufactured home shall be listed by a nationally recognized testing agency. Ducts applied to <PRTPAGE P="183"/>external heating appliances or combination heating/cooling appliances supply system outlets shall be constructed of metal in accordance with § 3280.715(a)(1) or shall be listed Class 0 or Class 1 air ducts for those portions of the duct closer than 2 feet from the outer casing of the appliance.</P> <P>(v) Ducts applied to external appliances shall be resistant to deteriorating environmental effects, including but not limited to ultraviolet rays, cold weather, or moisture and shall be resistant to insects and rodents.</P> <P>(3) <E T="03">Sizing.</E> The cross-sectional areas of the return air duct shall not be less than 2 square inches for each 1,000 Btu per hour input rating of the appliance. Dampers shall not be placed in a combination fresh air intake and return air duct so arranged that the required cross-sectional area will not be reduced at all possible positions of the damper.</P> <P>(4) <E T="03">Permanent uncloseable openings.</E> Living areas not served by return air ducts or closed off from the return opening of the furnace by doors, sliding partitions, or other means shall be provided with permanent uncloseable openings in the doors or separating partitions to allow circulated air to return to the furnace. Such openings may be grilled or louvered. The net free area of each opening shall be not less than 1 square inch for every 5 square feet of total living area closed off from the furnace by the door or partition serviced by that opening. Undercutting doors connecting the closed-off space may be used as a means of providing return air area. However, in the event that doors are undercut, they shall be undercut a minimum of 2 inches and not more than 2<FR>1/2</FR> inches, as measured from the top surface of the floor decking to the bottom of the door and no more than one half of the free air area so provided shall be counted as return air area.</P> <P>(c) <E T="03">Joints and seams.</E> Joints and seams of ducts shall be securely fastened and made substantially airtight. Slip joints shall have a lap of at least 1 inch and shall be individually fastened. Tape or caulking compound may be used for sealing mechanically secure joints. Where used, tape or caulking compound shall not be subject to deterioration under long exposures to temperatures up to 200° F. and to conditions of high humidity, excessive moisture, or mildew.</P> <P>(d) <E T="03">Supports.</E> Ducts shall be securely supported.</P> <P>(e) <E T="03">Registers or grilles.</E> Fittings connecting the registers or grilles to the duct system shall be constructed of metal or material which complies with the requirements of Class 1 or 2 ducts under UL 181—Sixth Edition—1984, Factory Made Air Ducts and Connectors. Air supply terminal devices (registers) when installed in kitchens, bedrooms, and bathrooms shall be equipped with adjustable closeable dampers. Registers or grilles shall be constructed of metal or conform with the following:</P> <P>(1) Be made of a material classified 94V-0 or 94V-1 when tested as described in Underwriters' Laboratories, Inc., Tests for Flammability of Plastic Materials for Parts in Devices and Appliances, UL 94-Fourth Edition-1991.</P> <P>(2) Floor registers or grilles shall resist without structural failure a 200 lb. concentrated load on a 2-inch diameter disc applied to the most critical area of the exposed face of the register or grille. For this test the register or grille is to be at a temperature of not less than 165° F and is to be supported in accordance with the manufacturer's instructions.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4589, Feb. 12, 1987; 58 FR 55019, Oct. 25, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Electrical Systems</HD> <SECTION> <SECTNO>§ 3280.801</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>(a) Subpart I of this standard and part A of Article 550 of the National Electrical Code (NFPA No. 70-1993) cover the electrical conductors and equipment installed within or on manufactured homes and the conductors that connect manufactured homes to a supply of electricity.</P> <P>(b) In addition to the requirements of this standard and Article 550 of the National Electrical Code (NFPA No. 70-1993) the applicable portions of other Articles of the National Electrical Code shall be followed covering electrical installations in manufactured homes. Wherever the requirements of this standard differ from the National <PRTPAGE P="184"/>Electrical Code, this standard shall apply.</P> <P>(c) The provisions of this standard apply to manufactured homes intended for connection to a wiring system nominally rated 120/240 volts, 3-wire AC, with grounded neutral.</P> <P>(d) All electrical materials, devices, appliances, fittings and other equipment shall be listed or labeled by a nationally recognized testing agency and shall be connected in an approved manner when in service.</P> <P>(e) Aluminum conductors, aluminum alloy conductors, and aluminum core conductors such as copper clad aluminum; are not acceptable for use in branch circuit wiring in manufactured homes.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55019, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.802</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) The following definitions are applicable to subpart I only.</P> <P>(1) <E T="03">Accessible</E> (i) <E T="03">(As applied to equipment)</E> means admitting close approach because not guarded by locked doors, elevation, or other effective means. (See <E T="03">readily accessible.</E>)</P> <P>(ii) <E T="03">(As applied to wiring methods)</E> means capable of being removed or exposed without damaging the manufactured home structure or finish, or not permanently closed-in by the structure or finish of the manufactured home (see <E T="03">concealed</E> and <E T="03">exposed</E>).</P> <P>(2) <E T="03">Air conditioning or comfort cooling equipment</E> means all of that equipment intended or installed for the purpose of processing the treatment of air so as to control simultaneously its temperature, humidity, cleanliness, and distribution to meet the requirements of the conditioned space.</P> <P>(3)(i) <E T="03">Appliance</E> means utilization equipment, generally other than industrial, normally built in standardized sizes or types, which is installed or connected as a unit to perform one or more functions, such as clothes washing, air conditioning, food mixing, deep frying, etc.</P> <P>(ii) <E T="03">Appliance, fixed</E> means an appliance which is fastened or otherwise secured at a specific location.</P> <P>(iii) <E T="03">Appliance, portable</E> means an appliance which is actually moved or can easily be moved from one place to another in normal use. For the purpose of this Standard, the following major appliances are considered portable if cord-connected: refrigerators, clothes washers, dishwashers without booster heaters, or other similar appliances.</P> <P>(iv) <E T="03">Appliance, stationary</E> means an appliance which is not easily moved from one place to another in normal use.</P> <P>(4) <E T="03">Attachment plug (plug cap) (cap)</E> means a device which, by insertion in a receptacle, establishes connection between the conductors of the attached flexible cord and the conductors connected permanently to the receptacle.</P> <P>(5) <E T="03">Bonding</E> means the permanent joining of metallic parts to form an electrically conductive path which will assure electrical continuity and the capacity to conduct safely any current likely to be imposed.</P> <P>(6) <E T="03">Branch circuit</E> (i) means the circuit conductors between the final overcurrent device protecting the circuit and the outlet(s). A device not approved for branch circuit protection, such as a thermal cutout or motor overload protective device, is not considered as the overcurrent device protecting the circuit.</P> <P>(ii) <E T="03">Branch circuit—appliance</E> means a branch circuit supplying energy to one or more outlets to which appliances are to be connected, such circuits to have no permanently connected lighting fixtures not a part of an appliance.</P> <P>(iii) <E T="03">Branch circuit—general purpose</E> means a circuit that supplies a number of outlets for lighting and appliances.</P> <P>(iv) <E T="03">Branch circuit—individual</E> means a branch circuit that supplies only one utilization equipment.</P> <P>(7) <E T="03">Cabinet</E> means an enclosure designed either for surface or flush mounting, and provided with a frame, mat, or trim in which swinging doors are hung.</P> <P>(8) <E T="03">Circuit breaker</E> means a device designed to open and close a circuit by nonautomatic means, and to open the circuit automatically on a predetermined overload of current without injury to itself when properly applied within its rating.</P> <P>(9) <E T="03">Concealed</E> means rendered inaccessible by the structure or finish of the <PRTPAGE P="185"/>manufactured home. Wires in concealed raceways are considered concealed, even though they may become accessible by withdrawing them. (See <E T="03">accessible (As applied to wiring methods)</E>)</P> <P>(10) <E T="03">Connector, pressure (solderless)</E> means a device that establishes a connection between two or more conductors or between one or more conductors and a terminal by means of mechanical pressure and without the use of solder.</P> <P>(11) <E T="03">Dead front (as applied to switches, circuit-breakers, switchboards, and distribution panelboard)</E> means so designed, constructed, and installed that no current-carrying parts are normally exposed on the front.</P> <P>(12) <E T="03">Demand factor</E> means the ratio of the maximum demand of a system, or part of a system, to the total connected load of a system or the part of the system under consideration.</P> <P>(13) <E T="03">Device</E> means a unit of an electrical system that is intended to carry but not utilize electrical energy.</P> <P>(14) <E T="03">Disconnecting means</E> means a device, or group of devices, or other means by which the conductors of a circuit can be disconnected from their source of supply.</P> <P>(15) <E T="03">Distribution panelboard</E> means a single panel or a group of panel units designed for assembly in the form of a single panel, including buses, and with or without switches or automatic overcurrent protective devices or both, for the control of light, heat, or power circuits of small individual as well as aggregate capacity; designed to be placed in a cabinet placed in or against a wall or partition and accessible only from the front.</P> <P>(16) <E T="03">Enclosed</E> means surrounded by a case that will prevent a person from accidentally contacting live parts.</P> <P>(17) <E T="03">Equipment</E> means a general term, including material, fittings, devices, appliances, fixtures, apparatus, and the like used as a part of, or in connection with, an electrical installation.</P> <P>(18) <E T="03">Exposed</E> (i) (As applied to live parts) means capable of being inadvertently touched or approached nearer than a safe distance by a person. It is applied to parts not suitably guarded, isolated, or insulated. (See <E T="03">accessible</E> and <E T="03">concealed.</E>)</P> <P>(ii) (As applied to <E T="03">wiring method</E>) means on or attached to the surface or behind panels designed to allow access. (See <E T="03">Accessible (as applied to wiring methods)</E>)</P> <P>(19) <E T="03">Externally operable</E> means capable of being operated without exposing the operator to contact with live parts.</P> <P>(20) <E T="03">Feeder assembly</E> means the overhead or under-chassis feeder conductors, including the grounding conductor, together with the necessary fittings and equipment, or a power supply cord approved for manufactured home use, designed for the purpose of delivering energy from the source of electrical supply to the distribution panelboard within the manufactured home.</P> <P>(21) <E T="03">Fitting</E> means an accessory, such as a locknut, bushing, or other part of a wiring system, that is intended primarily to perform a mechanical rather than an electrical function.</P> <P>(22) <E T="03">Ground</E> means a conducting connection, whether intentional or accidental, between an electrical circuit or equipment and earth, or to some conducting body that serves in place of the earth.</P> <P>(23) <E T="03">Grounded</E> means connected to earth or to some conducting body that serves in place of the earth.</P> <P>(24) <E T="03">Grounded conductor</E> means a system or circuit conductor that is intentionally grounded.</P> <P>(25) <E T="03">Grounding conductor</E> means a conductor used to connect equipment or the grounded circuit of a wiring system to a grounding electrode or electrodes.</P> <P>(26) <E T="03">Guarded</E> means covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers, casings, barriers, rails, screens, mats or platforms to remove the likelihood of approach or contact by persons or objects to a point of danger.</P> <P>(27) <E T="03">Isolated</E> means not readily accessible to persons unless special means for access are used.</P> <P>(28) <E T="03">Laundry area</E> means an area containing or designed to contain either a laundry tray, clothes washer and/or clothes dryer.</P> <P>(29) <E T="03">Lighting outlet</E> means an outlet intended for the direct connection of a lampholder, a lighting fixture, or a pendant cord terminating in a lampholder.</P> <P>(30) <E T="03">Manufactured home accessory building or structure</E> means any awning, <PRTPAGE P="186"/>cabana, ramada, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the manufactured home upon a manufactured home lot.</P> <P>(31) <E T="03">Manufactured home service equipment</E> means the equipment containing the disconnecting means, overcurrent protective devices, and receptacles or other means for connecting a manufactured home feeder assembly.</P> <P>(32) <E T="03">Outlet</E> means a point on the wiring system at which current is taken to supply utilization equipment.</P> <P>(33) <E T="03">Panelboard</E> means a single panel or group of panel units designed for assembly in the form of a single panel; including buses, automatic overcurrent protective devices, and with or without switches for the control of light, heat, or power circuits; designed to be placed in a cabinet or cutout box placed in or against a wall or partition and accessible only from the front.</P> <P>(34) <E T="03">Raceway</E> means any channel for holding wires, cables, or busbars that is designed expressly for, and used solely for, this purpose. Raceways may be of metal or insulating material, and the term includes rigid metal conduit, rigid nonmetallic conduit, flexible metal conduit, electrical metallic tubing, underfloor raceways, cellular concrete floor raceways, cellular metal floor raceways, surface raceways, structural raceways, wireways, and busways.</P> <P>(35) <E T="03">Raintight</E> means so constructed or protected that exposure to a beating rain will not result in the entrance of water.</P> <P>(36) <E T="03">Readily accessible</E> means capable of being reached quickly for operation, renewal, or inspection, without requiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders, chairs, etc. (See <E T="03">Accessible.</E>)</P> <P>(37) <E T="03">Receptacle</E> means a contact device installed at an outlet for the connection of a single attachment plug. A single receptacle is a single contact device with no other contact device on the same yoke. A multiple receptacle is a single device containing two or more receptacles.</P> <P>(38) <E T="03">Receptacle outlet</E> means an outlet where one or more receptacles are installed.</P> <P>(39) <E T="03">Utilization equipment</E> means equipment which utilizes electric energy for mechanical, chemical, heating, lighting, or similar purposes.</P> <P>(40) <E T="03">Voltage (of a circuit)</E> means the greatest root-mean-square (effective) difference of potential between any two conductors of the circuit concerned. Some systems, such as 3-phase 4-wire, single-phase 3-wire, and 3-wire direct-current may have various circuits of various voltages.</P> <P>(41) <E T="03">Weatherproof</E> means so constructed or protected that exposure to the weather will not interfere with successful operation. Rainproof, raintight, or watertight equipment can fulfill the requirements for weatherproof where varying weather conditions other than wetness, such as snow, ice, dust, or temperature extremes, are not a factor.</P> </SECTION> <SECTION> <SECTNO>§ 3280.803</SECTNO> <SUBJECT>Power supply.</SUBJECT> <P>(a) The power supply to the manufactured home shall be a feeder assembly consisting of not more than one listed 50 ampere manufactured home power-supply cords, or a permanently installed circuit. A manufactured home that is factory-equipped with gas or oil-fired central heating equipment and cooking appliances shall be permitted to be provided with a listed manufactured home power-supply cord rated 40 amperes.</P> <P>(b) If the manufactured home has a power-supply cord, it shall be permanently attached to the distribution panelboard or to a junction box permanently connected to the distribution panelboard, with the free end terminating in an attachment plug cap.</P> <P>(c) Cords with adapters and pigtail ends, extension cords, and similar items shall not be attached to, or shipped with, a manufactured home.</P> <P>(d) A listed clamp or the equivalent shall be provided at the distribution panelboard knockout to afford strain relief for the cord to prevent strain from being transmitted to the terminals when the power-supply cord is handled in its intended manner.</P> <P>(e) The cord shall be of an approved type with four conductors, one of which shall be identified by a continuous green color or a continuous green color with one or more yellow stripes for use as the grounding conductor.<PRTPAGE P="187"/> </P> <P>(f) The attachment plug cap shall be a 3-pole, 4-wire grounding type, rated 50 amperes, 125/250 volts with a configuration as shown herein and intended for use with the 50-ampere, 125/250 receptacle configuration shown. It shall be molded of butyl rubber, neoprene, or other approved materials which have been found suitable for the purpose, and shall be molded to the flexible cord so that it adheres tightly to the cord at the point where the cord enters the attachment-plug cap. If a right-angle cap is used, the configuration shall be so oriented that the grounding member is farthest from the cord.</P> <P>(g) The overall length of a power-supply cord, measured from the end of the cord, including bared leads, to the face of the attachment-plug cap shall not be less than 21 feet and shall not exceed 36<FR>1/2</FR> feet. The length of cord from the face of the attachment-plug cap to the point where the cord enters the manufactured home shall not be less than 20 feet.</P> <GPH DEEP="52" SPAN="1"> <GID>EC17OC91.007</GID> </GPH> <EXTRACT> <P>50-ampere 125/250 volt receptacle and attachment-plug-cap configurations, 3 pole, 4-wire grounding types used for manufactured home supply cords and manufactured home parks. Complete details of the 50-ampere cap and receptacle can be found in the American National Standard Dimensions of Caps, Plugs and Receptacles, Grounding Type (ANSI C73.17—1972).</P> </EXTRACT> <P>(h) The power supply cord shall bear the following marking: “For use with manufactured homes—40 amperes” or “For use with manufactured homes—50 amperes.”</P> <P>(i) Where the cord passes through walls or floors, it shall be protected by means of conduit and bushings or equivalent. The cord may be installed within the manufactured home walls, provided a continuous raceway is installed from the branch-circuit panelboard to the underside of the manufactured home floor. The raceway may be rigid conduit, electrical metallic tubing or polyethylene (PE), poly-vinylchloride (PVC) or acrylonitrile-butadiene-styrene (ABS) plastic tubing having a minimum wall thickness of nominal <FR>1/8</FR> inch.</P> <P>(j) Permanent provisions shall be made for the protection of the attachment-plug cap of the power supply cord and any connector cord assembly or receptacle against corrosion and mechanical damage if such devices are in an exterior location while the manufactured home is in transit.</P> <P>(k) Where the calculated load exceeds 50 amperes or where a permanent feeder is used, the supply shall be by means of:</P> <P>(1) One mast weatherhead installation installed in accordance with Article 230 of the National Electrical Code NFPA No. 70-1993 containing four continuous insulated, color-coded, feeder conductors, one of which shall be an equipment grounding conductor; or</P> <P>(2) An approved raceway from the disconnecting means in the manufactured home to the underside of the manufactured home with provisions for the attachment of a suitable junction box or fitting to the raceway on the underside of the manufactured home. The manufacturer shall provide in his written installation instructions, the proper feeder conductor sizes for the raceway and the size of the junction box to be used; or</P> <P>(3) Service equipment installed on the manufactured home in accordance with Article 230 of the National Electrical Code NFPA No. 70-1993; and</P> <P>(i) The installation shall be completed by the manufacturer except for the service connections, the meter and the grounding electrode conductor;</P> <P>(ii) Exterior equipment, or the enclosure in which it is installed shall be weatherproof and installed in accordance with Article 373-2 of the National Electrical Code NFPA No. 70-1993. Conductors shall be suitable for use in wet locations;</P> <P>(iii) The neutral conductor shall be connected to the system grounding conductor on the supply side of the main disconnect in accordance with Articles 250-23, 25, and 53 of NFPA No. 70-1993.</P> <P>(iv) The manufacturer shall include in its written installation instructions one method of grounding the service equipment at the installation site;<PRTPAGE P="188"/> </P> <P>(v) The minimum size grounding electrode conductor shall be specified in the instructions; and</P> <P>(vi) A red “Warning” label shall be mounted on or adjacent to the service equipment. The label shall state: </P> <EXTRACT> <P>“Warning—do not provide electrical power until the grounding electrode is installed and connected (see installation instructions).”</P> </EXTRACT> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4589, Feb. 12, 1987; 58 FR 55019, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.804</SECTNO> <SUBJECT>Disconnecting means and branch-circuit protective equipment.</SUBJECT> <P>(a) The branch-circuit equipment shall be permitted to be combined with the disconnecting means as a single assembly. Such a combination shall be permitted to be designated as a distribution panelboard. If a fused distribution panelboard is used, the maximum fuse size of the mains shall be plainly marked with lettering at least <FR>1/4</FR>-inch high and visible when fuses are changed. See section 110-22 of the National Electrical Code (NFPA No. 70-1993) concerning identification of each disconnecting means and each service, feeder, or branch circuit at the point where it originated and the type marking needed.</P> <P>(b) Plug fuses and fuseholders shall be tamper-resistant, Type “S,” enclosed in dead-front fuse panelboards. Electrical distribution panels containing circuit breakers shall also be dead-front type.</P> <P>(c) Disconnecting means. A single disconnecting means shall be provided in each manufactured home consisting of a circuit breaker, or a switch and fuses and their accessories installed in a readily accessible location near the point of entrance of the supply cord or conductors into the manufactured home. The main circuit breakers or fuses shall be plainly marked “Main.” This equipment shall contain a solderless type of grounding connector or bar for the purposes of grounding with sufficient terminals for all grounding conductors. The neutral bar termination of the grounded circuit conductors shall be insulated.</P> <P>(d) The disconnecting equipment shall have a rating suitable for the connected load. The distribution equipment, either circuit breaker or fused type, shall be located a minimum of 24 inches from the bottom of such equipment to the floor level of the manufactured home.</P> <P>(e) A distribution panelboard employing a main circuit breaker shall be rated 50 amperes and employ a 2-pole circuit breaker rated 40 amperes for a 40-ampere supply cord, or 50 amperes for a 50-ampere supply cord. A distribution panelboard employing a disconnect switch and fuses shall be rated 60 amperes and shall employ a single 2-pole, 60-ampere fuseholder with 40- or 50-ampere main fuses for 40- or 50-ampere supply cords, respectively. The outside of the distribution panelboard shall be plainly marked with the fuse size.</P> <P>(f) The distribution panelboard shall not be located in a bathroom, or in any other inaccessible location, but shall be permitted just inside a closet entry if the location is such that a clear space of 6 inches to easily ignitable materials is maintained in front of the distribution panelboard, and the distribution panelboard door can be extended to its full open position (at least 90 degrees). A clear working space at least 30 inches wide and 30 inches in front of the distribution panelboard shall be provided. This space shall extend from floor to the top of the distribution panelboard.</P> <P>(g) Branch-circuit distribution equipment shall be installed in each manufactured home and shall include overcurrent protection for each branch circuit consisting of either circuit breakers or fuses.</P> <P>(1) The branch circuit overcurrent devices shall be rated:</P> <P>(i) Not more than the circuit conductors; and</P> <P>(ii) Not more than 150 percent of the rating of a single appliance rated 13.3 amperes or more which is supplied by an individual branch circuit; but</P> <P>(iii) Not more than the fuse size marked on the air conditioner or other motor-operated appliance.</P> <P>(h) A 15-ampere multiple receptacle shall be acceptable when connected to a 20-ampere laundry circuit.</P> <P>(i) When circuit breakers are provided for branch-circuit protection 240 circuits shall be protected by 2-pole <PRTPAGE P="189"/>common or companion trip, or handle-tied paired circuit breakers.</P> <P>(j) A 3 inch by 1-3/4 inch minimum size tag made of etched, metal-stamped or embossed brass, stainless steel, anodized or alclad aluminum not less than 0.020 inch thick, or other approval material (e.g., 0.005 inch plastic laminates) shall be permanently affixed on the outside adjacent to the feeder assembly entrance and shall read: This connection for 120/240 Volt, 3-Pole, 4-Wire, 60 Hertz, ____ Ampere Supply. The correct ampere rating shall be marked on the blank space.</P> <P>(k) When a home is provided with installed service equipment, a single disconnecting means for disconnecting the branch circuit conductors from the service entrance conductors shall be provided in accordance with Part F of Article 230 of the National Electrical Code, NFPA No. 70-1993. The disconnecting means shall be listed for use as service equipment. The disconnecting means may be combined with the disconnect required by § 3280.804(c). The disconnecting means shall be rated not more than the ampere supply or service capacity indicated on the tag required by paragraph (l) of this section.</P> <P>(l) When a home is provided with installed service equipment, the electrical nameplate required by § 3280.804(j) shall read: “This connection for 120/240 volt, 3 pole, 3 wire, 60 Hertz, ____ Ampere Supply.” The correct ampere rating shall be marked in the blank space.</P> <CITA>[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 4589, Feb. 12, 1987; 58 FR 55019, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.805</SECTNO> <SUBJECT>Branch circuits required.</SUBJECT> <P>(a) The number of branch circuits required shall be determined in accordance with the following:</P> <P>(1) Lighting, based on 3 volt-amperes per square foot times outside dimensions of the manufactured home (coupler excluded) divided by 120 volts times amperes to determine number of 15 or 20 ampere lighting area circuits. e.g. [3 × length × width—[120 × (15 or 20)] = number of 15 or 20 ampere circuits.</P> <P>(2) <E T="03">Small appliances</E>. For the small appliance load in kitchen, pantry dining room and breakfast rooms of manufactured homes, two or more 20-ampere appliance branch circuits, in addition to the branch circuit specified in § 3280.805(a)(1), shall be provided for all receptacle outlets in these rooms, and such circuits shall have no other outlets. Receptacle outlets supplied by at least two appliance receptacle branch circuits shall be installed in the kitchen.</P> <P>(3) <E T="03">General appliances</E> (<E T="03">Including furnace, water heater, range, and central or room air conditioner, etc.</E>). There shall be one or more circuits of adequate rating in accordance with the following:</P> <P>(i) Ampere rating of fixed appliances not over 50 percent of circuit rating if lighting outlets (receptacles, other than kitchen, dining area, and laundry, considered as lighting outlets) are on same circuit;</P> <P>(ii) For fixed appliances on a circuit without lighting outlets, the sum of rated amperes shall not exceed the branch-circuit rating. Motor loads or other continuous duty loads shall not exceed 80 percent of the branch circuit rating.</P> <P>(iii) The rating of a single cord and plug connected appliances on a circuit having no other outlets, shall not exceed 80 percent of the circuit rating.</P> <P>(iv) The rating of range branch circuit shall be based on the range demand as specified or ranges in § 3280.811, Item B(5) of Method 1. For central air conditioning, see Article 440 of the National Electrical Code (NFPA No. 70-1993).</P> <P>(v) Where a laundry area is provided, a 20 ampere branch circuit shall be provided to supply laundry receptacle outlets. This circuit shall have no other outlets. See § 3280.806(a)(7).</P> <P>(b) [Reserved]</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55020, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.806</SECTNO> <SUBJECT>Receptacle outlets.</SUBJECT> <P>(a) All receptacle outlets shall be:</P> <P>(1) Of grounding type;</P> <P>(2) Installed according to section 210-7 of the National Electrical Code (NFPA No. 70-1993).</P> <P>(3) Except when supplying specific appliances, be parallel-blade, 15-ampere, 125-volt, either single or duplex.<PRTPAGE P="190"/> </P> <P>(b) All 120 volt single phase, 15 and 20 ampere receptacle outlets, including receptacles in light fixtures, installed outdoors, in compartments accessible from the outdoors, in bathrooms, and within 6 feet of a kitchen sink to serve counter top surfaces shall have ground-fault circuit protection for personnel. Feeders supplying branch circuits may be protected by a ground-fault circuit-interrupter in lieu of the provision for such interrupters specified above. Receptacles dedicated for washer and dryers, also located in a bathroom, are exempt from this requirement.</P> <P>(c) There shall be an outlet of the grounding type for each cord-connected fixed appliance installed.</P> <P>(d) Receptacle outlets required. Except in the bath and hall areas, receptacle outlets shall be installed at wall spaces 2 feet wide or more, so that no point along the floor line is more than 6 feet, measured horizontally, from an outlet in that space. In addition, a receptacle outlet shall be installed:</P> <P>(1) Over or adjacent to counter tops in the kitchen (at least one on each side of the sink if counter tops are on each side and 12 inches or over in width).</P> <P>(2) Adjacent to the refrigerator and free-standing gas-range space. A duplex receptacle may serve as the outlet for a countertop and a refrigerator.</P> <P>(3) At counter top spaces for built-in vanities.</P> <P>(4) At counter top spaces under wall-mounted cabinets.</P> <P>(5) In the wall, at the nearest point where a bar type counter attaches to the wall.</P> <P>(6) In the wall at the nearest point where a fixed room divider attaches to the wall.</P> <P>(7) In laundry areas within 6 feet of the intended location of the appliance(s).</P> <P>(8) At least one receptacle outlet shall be installed outdoors.</P> <P>(9) Adjacent to bathroom basins or integral with the light fixture over the bathroom basin.</P> <P>(10) Receptacle outlets are not required in the following locations:</P> <P>(i) Wall space occupied by built-in kitchen or wardrobe cabinets,</P> <P>(ii) Wall space behind doors which may be opened fully against a wall surface,</P> <P>(iii) Room dividers of the lattice type, less than 8 feet long, not solid within 6 inches of the floor,</P> <P>(iv) Wall space afforded by bar type counters.</P> <P>(e) Receptacle outlets shall not be installed in or within reach (30 inches) of a shower or bathtub space.</P> <P>(f) Receptacle outlets shall not be installed above electric baseboard heaters.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55020, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.807</SECTNO> <SUBJECT>Fixtures and appliances.</SUBJECT> <P>(a) Electrical materials, devices, appliances, fittings, and other equipment installed, intended for use in, or attached to the manufactured home shall be approved for the application and shall be connected in an approved manner when in service. Facilities shall be provided to securely fasten appliances when the manufactured home is in transit. (See § 3280.809.)</P> <P>(b) Specifically listed pendant-type fixtures or pendant cords shall be permitted in manufactured homes.</P> <P>(c) If a lighting fixture is provided over a bathtub or in a shower stall, it shall be of the enclosed and gasketed type, listed for wet locations. See also Article 410-4(d) of the National Electrical Code NFPA No. 70-1993.</P> <P>(d) The switch for shower lighting fixtures and exhaust fans located over a tub or in a shower stall shall be located outside the tub shower space. (See § 3280.806(e).)</P> <P>(e) Any combustible wall or ceiling finish exposed between the edge of a fixture canopy, or pan and an outlet box shall be covered with non-combustible or limited combustible material.</P> <P>(f) Every appliance shall be accessible for inspection, service, repair, or replacement without removal of permanent construction.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 52 FR 35543, Sept. 22, 1987; 58 FR 55020, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <PRTPAGE P="191"/> <SECTNO>§ 3280.808</SECTNO> <SUBJECT>Wiring methods and materials.</SUBJECT> <P>(a) Except as specifically limited in this part, the wiring methods and materials specified in the National Electrical Code (NFPA No. 70-1993) shall be used in manufactured homes.</P> <P>(b) Nonmetallic outlet boxes shall be acceptable only with nonmetallic cable.</P> <P>(c) Nonmetallic cable located 15 inches or less above the floor, if exposed, shall be protected from physical damage by covering boards, guard strips, or conduit. Cable likely to be damaged by stowage shall be so protected in all cases.</P> <P>(d) Nonmetallic sheathed cable shall be secured by staples, straps, or similar fittings so designed and installed as not to injure any cable. Cable shall be secured in place at intervals not exceeding 4<FR>1/2</FR> feet and within 12 inches from every cabinet, box or fitting.</P> <P>(e) Metal-clad and nonmetallic cables shall be permitted to pass through the centers of the wide side of 2-inch by 4-inch studs. However, they shall be protected where they pass through 2-inch by 2-inch studs or at other studs or frames where the cable or armor would be less than 1<FR>1/2</FR> inches from the inside or outside surface of the studs when the wall covering materials are in contact with the studs. Steel plates on each side of the cable, or a tube, with not less than No. 16 MSG wall thickness shall be required to protect the cable. These plates or tubes shall be securely held in place.</P> <P>(f) Where metallic faceplates are used they shall be effectively grounded.</P> <P>(g) If the range, clothes dryer, or similar appliance is connected by metalclad cable or flexible conduit, a length of not less than three feet of free cable or conduit shall be provided to permit moving the appliance. Type NM or Type SE cable shall not be used to connect a range or a dryer. This shall not prohibit the use of Type NM or Type SE cable between the branch circuit overcurrent protective device and a junction box or range or dryer receptacle.</P> <P>(h) Threaded rigid metal conduit shall be provided with a locknut inside and outside the box, and a conduit bushing shall be used on the inside. Rigid nonmetallic conduit shall be permitted. Inside ends of the conduit shall be reamed.</P> <P>(i) Switches shall be rated as follows:</P> <P>(1) For lighting circuits, switches, shall have a 10-ampere, 120-125 volt rating; or higher if needed for the connected load.</P> <P>(2) For motors or other loads, switches shall have ampere or horsepower ratings, or both, adequate for loads controlled. (An “AC general-use” snap switch shall be permitted to control a motor 2 horsepower or less with full-load current not over 80 percent of the switch ampere rating).</P> <P>(j) At least 4 inches of free conductor shall be left at each outlet box except where conductors are intended to loop without joints.</P> <P>(k) When outdoor or under-chassis line-voltage wiring is exposed to moisture or physical damage, it shall be protected by rigid metal conduit. The conductors shall be suitable for wet locations. Electrical metallic tubing may be used when closely routed against frames, and equipment enclosures.</P> <P>(l) The cables or conductors shall be Type NMC, TW, or equivalent.</P> <P>(m) Outlet boxes of dimensions less than those required in table 370-6(a) of the National Electrical Code (NFPA No. 70-1993) shall be permitted provided the box has been tested and approved for the purpose.</P> <P>(n) Boxes, fittings, and cabinets shall be securely fastened in place, and shall be supported from a structural member of the home, either directly or by using a substantial brace. Snap-in type boxes provided with special wall or ceiling brackets that securely fasten boxes in walls or ceilings shall be permitted.</P> <P>(o) Outlet boxes shall fit closely to openings in combustible walls and ceilings, and they shall be flush with such surfaces.</P> <P>(p) Appliances having branch-circuit terminal connections which operate at temperatures higher than 60° C (140° F) shall have circuit conductors as described in paragraphs (p) (1) and (2) of this section:</P> <P>(1) Branch-circuit conductors having an insulation suitable for the temperature encountered shall be permitted to run directly to the appliance.<PRTPAGE P="192"/> </P> <P>(2) Conductors having an insulation suitable for the temperature encountered shall be run from the appliance terminal connections to a readily accessible outlet box placed at least one foot from the appliance. These conductors shall be in a suitable raceway which shall extend for at least 4 feet.</P> <P>(q) A substantial brace for securing a box, fitting or cabinet shall be as described in the National Electrical Code, NFPA 70-1993 Article 370-13(d), or the brace, including the fastening mechanism to attach the brace to the home structure, shall withstand a force of 50 lbs. applied to the brace at the intended point(s) of attachment for the box in a direction perpendicular to the surface in which the box is installed.</P> <P>(r) Outlet boxes shall fit closely to the openings in combustible wall and ceilings with a maximum of a <FR>1/8</FR> inch gap. They shall be flush with the finish surface or project therefrom.</P> <P>(s) Where the sheathing of NM cable has been cut or damaged and visual inspection reveals that the conductor and its insulation has not been damaged, it shall be permitted to repair the cable sheath with electrical tape which provides equivalent protection to the sheath.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55020, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.809</SECTNO> <SUBJECT>Grounding.</SUBJECT> <P>(a) <E T="03">General.</E> Grounding of both electrical and nonelectrical metal parts in a manufactured home shall be through connection to a grounding bus in the manufactured home distribution panelboard. The grounding bus shall be grounded through the green-colored conductor in the supply cord or the feeder wiring to the service ground in the service-entrance equipment located adjacent to the manufactured home location. Neither the frame of the manufactured home nor the frame of any appliance shall be connected to the neutral conductor in the manufactured home.</P> <P>(b) <E T="03">Insulated neutral.</E> (1) The grounded circuit conductor (neutral) shall be insulated from the grounding conductors and from equipment enclosures and other grounded parts. The grounded (neutral) circuit terminals in the distribution panelboard and in ranges, clothes dryers, counter-mounted cooking units, and wall-mounted ovens shall be insulated from the equipment enclosure. Bonding screws, straps, or buses in the distribution panelboard or in appliances shall be removed and discarded. However, when service equipment is installed on the manufactured home, the neutral and the ground bus may be connected in the distribution panel.</P> <P>(2) Connection of ranges and clothes dryers with 120/240 volt, 3-wire ratings shall be made with 4 conductor cord and 3 pole, 4-wire grounding type plugs, or by type AC metal clad conductors enclosed in flexible metal conduit. For 120 volt rated devices a 3-conductor cord and a 2-pole, 3-wire grounding type plug shall be permitted.</P> <P>(c) <E T="03">Equipment grounding means.</E> (1) The green-colored grounding wire in the supply cord or permanent feeder wiring shall be connected to the grounding bus in the distribution panelboard or disconnecting means.</P> <P>(2) In the electrical system, all exposed metal parts, enclosures, frames, lamp fixture canopies, etc., shall be effectively bonded to the grounding terminal or enclosure of the distribution panelboard.</P> <P>(3) Cord-connected appliances, such as washing machines, clothes dryers, refrigerators, and the electrical system of gas ranges, etc., shall be grounded by means of an approved cord with grounding conductor and grounding-type attachment plug.</P> <P>(d) <E T="03">Bonding of noncurrent-carrying metal parts.</E> (1) All exposed noncurrent-carrying metal parts that may become energized shall be effectively bonded to the grounding terminal or enclosure of the distribution panelboard. A bonding conductor shall be connected between each distribution panelboard and an accessible terminal on the chassis.</P> <P>(2) Grounding terminals shall be of the solderless type and approved as pressure-terminal connectors recognized for the wire size used. Star washers or other approved paint-penetrating fitting shall be used to bond terminals to chassis or other coated areas. The bonding conductor shall be solid or stranded, insulated or bare and shall be No. 8 copper minimum, or equal. The <PRTPAGE P="193"/>bonding conductor shall be routed so as not to be exposed to physical damage. Protection can be afforded by the configuration of the chassis.</P> <P>(3) Metallic gas, water and waste pipes and metallic air-circulating ducts shall be considered bonded if they are connected to the terminal on the chassis (see § 3280.809) by clamps, solderless connectors, or by suitable grounding-type straps.</P> <P>(4) Any metallic roof and exterior covering shall be considered bonded if (i) the metal panels overlap one another and are securely attached to the wood or metal frame parts by metallic fasteners, and (ii) if the lower panel of the metallic exterior covering is secured by metallic fasteners at a cross member of the chassis by two metal straps per manufactured home unit or section at opposite ends. The bonding strap material shall be a minimum of 4 inches in width of material equivalent to the skin or a material of equal or better electrical conductivity. The straps shall be fastened with paint-penetrating fittings (such as screws and star washers or equivalent).</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55020, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.810</SECTNO> <SUBJECT>Electrical testing.</SUBJECT> <P>(a) <E T="03">Dielectric strength test.</E> The wiring of each manufactured home shall be subjected to a 1-minute, 900 to 1079 volt dielectric strength test (with all switches closed) between live parts and the manufactured home ground, and neutral and the manufactured home ground. Alternatively, the test may be performed at 1080 to 1250 volts for 1 second. This test shall be performed after branch circuits are complete and after fixtures or appliances are installed. Fixtures or appliances which are listed shall not be required to withstand the dielectric strength test.</P> <P>(b) Each manufactured home shall be subject to:</P> <P>(1) A continuity test to assure that metallic parts are properly bonded;</P> <P>(2) Operational test to demonstrate that all equipment, except water heaters, electric furnaces, dishwashers, clothes washers/dryers, and portable appliances, is connected and in working order; and</P> <P>(3) Polarity checks to determine that connections have been properly made. Visual verification shall be an acceptable check.</P> <CITA>[58 FR 55020, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.811</SECTNO> <SUBJECT>Calculations.</SUBJECT> <P>(a) The following method shall be employed in computing the supply cord and distribution-panelboard load for each feeder assembly for each manufactured home and shall be based on a 3-wire, 120/240 volt supply with 120 volt loads balanced between the two legs of the 3-wire system. The total load for determining power supply by this method is the summation of:</P> <P>(1) Lighting and small appliance load as calculated below:</P> <P>(i) Lighting volt-amperes: Length time width of manufactured home (outside dimensions exclusive of coupler) times 3 volt-amperes per square foot; e.g. Length × width × 3=lighting volt-amperes.</P> <P>(ii) Small appliance volt-amperes: Number of circuits time 1,500 volt-amperes for each 20-ampere appliance receptacle circuit (see definition of “Appliance Portable” with Note): e.g. Number of circuits × 1,500=small appliance volt-amperes.</P> <P>(iii) Total volts-amperes: Lighting volts-amperes plus small appliance=total volt-amperes.</P> <P>(iv) First 3,000 total volts-amperes at 100 percent plus remainder at 35 percent=watts to be divided by 240 volts to obtain current (amperes) per leg.</P> <P>(2) Nameplate amperes for motors and heater loads (exhaust fans, air conditioners, electric, gas, or oil heating). Omit smaller of air conditioning and heating except include blower motor if used as air conditioner evaporator motor. When an air conditioner is not installed and a 40-ampere power supply cord is provided, allow 15 amperes per leg for air conditioning.</P> <P>(3) 25 percent of current of largest motor in paragraph (a)(2) of this section.</P> <P>(4) Total of nameplate amperes for: Disposal, dishwasher, water heater, clothes dryer, wall-mounted oven, cooking units. Where number of these appliances exceeds three, use 75 percent of total.<PRTPAGE P="194"/> </P> <P>(5) Derive amperes for free-standing range (as distinguished from separate ovens and cooking units) by dividing values below by 240 volts.</P> <GPOTABLE CDEF="s80,r60" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Nameplate rating (in watts)</CHED> <CHED H="1">Use (in watts)</CHED> </BOXHD> <ROW> <ENT I="01">10,000 or less</ENT> <ENT>80 percent of rating.</ENT> </ROW> <ROW> <ENT I="01">10,001 to 12,500</ENT> <ENT>8,000.</ENT> </ROW> <ROW> <ENT I="01">12,501 to 13,500</ENT> <ENT>8,400.</ENT> </ROW> <ROW> <ENT I="01">13,501 to 14,500</ENT> <ENT>8,800.</ENT> </ROW> <ROW> <ENT I="01">14,501 to 15,500</ENT> <ENT>9,200.</ENT> </ROW> <ROW> <ENT I="01">15,501 to 16,500</ENT> <ENT>9,600.</ENT> </ROW> <ROW> <ENT I="01">16,501 to 17,500</ENT> <ENT>10,000.</ENT> </ROW> </GPOTABLE> <P>(6) If outlets or circuits are provided for other than factory-installed appliances, include the anticipated load. The following example is given to illustrate the application of this Method of Calculation: </P> <EXAMPLE> <HD SOURCE="HED">Example</HD> <P>A manufactured home is 70×10 feet and has two portable appliance circuits, a 1000 volt-ampere 240 volt heater, a 200 volt-ampere 120 volt exhaust fan, a 400 volts-ampere 120 volt dishwasher and a 7000 volt-ampere electric range.</P> </EXAMPLE> <GPOTABLE CDEF="s50,7" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Lighting and small appliance load</CHED> <CHED H="1">Volt-ampheres</CHED> </BOXHD> <ROW> <ENT I="01">Lighting 70×10×3</ENT> <ENT>2,100</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Small Appliance</ENT> <ENT>3,000</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>5,100</ENT> </ROW> <ROW> <ENT I="01">1st. 3,000 Volt-Ampheres at 100%</ENT> <ENT>3,000</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Remainder (5,100 −3,000 =2,100, at 35%</ENT> <ENT>735</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>3,735</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s50,8,8" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1"/> <CHED H="1">Amperes per leg A</CHED> <CHED H="1">Amperes per leg B</CHED> </BOXHD> <ROW> <ENT I="01">Lighting and small Appliance</ENT> <ENT>15.5</ENT> <ENT>15.5</ENT> </ROW> <ROW> <ENT I="01">Heater 240 volt</ENT> <ENT>4.1</ENT> <ENT>4.1</ENT> </ROW> <ROW> <ENT I="01">Fan 120 volt</ENT> <ENT>1.7</ENT> <ENT/> </ROW> <ROW> <ENT I="01">Dishwasher 120 volt</ENT> <ENT/> <ENT>3.3</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Range</ENT> <ENT>23.3</ENT> <ENT>23.3</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>44.6</ENT> <ENT>46.2</ENT> </ROW> <TNOTE>Note: Based on the higher current calculated for either leg, use one 50-A supply cord.</TNOTE> </GPOTABLE> <P>(b) The following is an optional method of calculation for lighting and appliance loads for manufactured homes served by single 3-wire 120/240 volt set of feeder conductors with an ampacity of 100 or greater. The total load for determining the feeder ampacity may be computed in accordance with the following table instead of the method previously specified. Feeder conductors whose demand load is determined by this optional calculation shall be permitted to have the neutral load determined by section 220-22 of the National Electrical Code (NFPA No. 70-1993). The loads identified in the table as “other load” and as “Remainder of other load” shall include the following:</P> <P>(1) 1500 volt-amperes for each 2-wire, 20-ampere small appliance branch circuit and each laundry branch circuit specified.</P> <P>(2) 3 volt-amperes per square foot for general lighting and general-use receptacles.</P> <P>(3) The nameplate rating of all fixed appliances, ranges, wall-mounted ovens, counter-mounted cooking units, and including 4 or more separately controlled space heating loads.</P> <P>(4) The nameplate ampere or kVA rating of all motors and of all low-power-factor loads.</P> <P>(5) The largest of the following:</P> <P>(i) Air conditioning load;</P> <P>(ii) The 65 percent diversified demand of the central electric space heating load;</P> <P>(iii) The 65 percent diversified demand of the load of less than four separately-controlled electric space heating units.</P> <P>(iv) The connected load of four or more separately-controlled electric space heating units.</P> <GPOTABLE CDEF="s50,9" COLS="2" OPTS="L2"> <TTITLE>Optional Calculation for Manufactured Homes With 110-Ampere or Larger Service</TTITLE> <BOXHD> <CHED H="1">Load (in kilowatt or kilovoltampere)</CHED> <CHED H="1">Demand factor (percent)</CHED> </BOXHD> <ROW> <ENT I="01">Air-conditioning and cooling including heat pump compressors</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">Central electric space heating</ENT> <ENT>65</ENT> </ROW> <ROW> <ENT I="01">Less than 4 separately controlled electric space heating units</ENT> <ENT>65</ENT> </ROW> <ROW> <ENT I="01">1st 10 kW of all other load</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="01">Remainder of other load</ENT> <ENT>40</ENT> </ROW> </GPOTABLE> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55021, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.812</SECTNO> <SUBJECT>Wiring of expandable units and dual units.</SUBJECT> <P>(a) Expandable or multiple unit manufactured homes shall use fixed-type wiring methods and materials for connecting such units to each other.</P> <P>(b) Expandable or multiple unit manufactured homes not having permanently installed feeders and which are <PRTPAGE P="195"/>to be moved from one location to another, shall be permitted to have disconnecting means with branch circuit protective equipment in each unit when so located that after assembly or joining together of units the requirements of § 3280.803 will be met.</P> </SECTION> <SECTION> <SECTNO>§ 3280.813</SECTNO> <SUBJECT>Outdoor outlets, fixtures, air-conditioning equipment, etc.</SUBJECT> <P>(a) Outdoor fixtures and equipment shall be listed for use in wet locations, except that if located on the underside of the home or located under roof extensions or similarly protected locations, they may be listed for use in damp locations.</P> <P>(b) A manufactured home provided with an outlet designed to energize heating and/or air conditioning equipment located outside the manufactured home, shall have permanently affixed, adjacent to the outlet, a metal tag which reads: </P> <EXTRACT> <P>This Connection Is for Air Conditioning Equipment Rated at Not More Than ——— Amperes, at ——— Volts, 60 Hertz. A disconnect shall be located within sight of the appliance.</P> </EXTRACT> <FP>The correct voltage and ampere ratings shall be given. The tag shall not be less than 0.020 inch, etched Brass, stainless steel, anodized or alclad aluminum or equivalent or other approved material (e.g., .005 inch plastic laminates). The tag shall be not less than 3 inches by 1<FR>3/4</FR> inches minimum size.</FP> <CITA>[40 FR 58752, Dec. 18, 1975, as amended at 42 FR 961, Jan. 4, 1977. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55021, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.814</SECTNO> <SUBJECT>Painting of wiring.</SUBJECT> <P>During painting or staining of the manufactured home, it shall be permitted to paint metal raceways (except where grounding continuity would be reduced) or the sheath of the nonmetallic cable. Some arrangement, however, shall be made so that no paint shall be applied to the individual wires, as the color coding may be obliterated by the paint.</P> </SECTION> <SECTION> <SECTNO>§ 3280.815</SECTNO> <SUBJECT>Polarization.</SUBJECT> <P>(a) The identified (white) conductor shall be employed for grounding circuit conductors only and shall be connected to the identified (white) terminal or lead on receptacle outlets and fixtures. It shall be the unswitched wire in switched circuits, except that a cable containing an identified conductor (white) shall be permitted for single-pole three-way or four-way switch loops where the connections are made so that the unidentified conductor is the return conductor from the switch to the outlet. Painting of the terminal end of the wire shall not be required.</P> <P>(b) If the identified (white) conductor of a cable is used for other than grounded conductors or for other than switch loops as explained above (for a 240 volt circuit for example), the conductor shall be finished in a color other than white at each outlet where the conductors are visible and accessible.</P> <P>(c) Green-colored wires or green with yellow stripe shall be used for grounding conductors only.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 58 FR 55021, Oct. 25, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.816</SECTNO> <SUBJECT>Examination of equipment for safety.</SUBJECT> <P>The examination or inspection of equipment for safety, according to this standard, shall be conducted under uniform conditions and by organizations properly equipped and qualified for experimental testing, inspections of the run of goods at factories, and service-value determinations through field examinations.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Transportation</HD> <SECTION> <SECTNO>§ 3280.901</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>Subpart J of this standard covers the general requirement for designing the structure of the manufactured home to fully withstand the adverse effects of transportation shock and vibration without degradation of the integrated structure or of its component parts and the specific requirements pertaining to the transportation system and its relationship to the structure.</P> </SECTION> <SECTION> <SECTNO>§ 3280.902</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Chassis</E> means the entire transportation system comprising the following subsystems: drawbar and coupling mechanism, frame, running gear assembly, and lights.<PRTPAGE P="196"/> </P> <P>(b) <E T="03">Drawbar and coupling mechanism</E> means the rigid assembly, (usually an <E T="03">A</E> frame) upon which is mounted a coupling mechanism, which connects the manufactured home's frame to the towing vehicle.</P> <P>(c) <E T="03">Frame</E> means the fabricated rigid substructure which provides considerable support to the affixed manufactured home structure both during transport and on-site; and also provides a platform for securement of the running gear assembly, the drawbar and coupling mechanism.</P> <P>(d) <E T="03">Running gear assembly</E> means the subsystem consisting of suspension springs, axles, bearings, wheels, hubs, tires, and brakes, with their related hardware.</P> <P>(e) <E T="03">Lights</E> means those safety lights and associated wiring required by applicable U.S. Department of Transportation regulations.</P> <P>(f) <E T="03">Transportation system,</E> (Same as chassis, above).</P> <P>(g) <E T="03">Highway,</E> includes all roads and streets to be legally used in transporting the manufactured home.</P> <CITA>[40 FR 58752, Dec. 18, 1975. Redesignated at 44 FR 20679, Apr. 6, 1979, as amended at 47 FR 28093, June 29, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 3280.903</SECTNO> <SUBJECT>General requirements for designing the structure to withstand transportation shock and vibration.</SUBJECT> <P>(a) The cumulative effect of highway transportation shock and vibration upon a manufactured home structure may result in incremental degradation of its designed performance in terms of providing a safe, healthy and durable dwelling. Therefore, the manufactured home shall be designed, in terms of its structural, plumbing, mechanical and electrical systems, to fully withstand such transportation forces during its intended life. (See §§ 3280.303(c) and 3280.305(a)).</P> <P>(b) Particular attention shall be given to maintaining watertight integrity and conserving energy by assuring that structural components in the roof and walls (and their interfaces with vents, windows, doors, etc.) are capable of resisting highway shock and vibration forces during primary and subsequent secondary transportation moves.</P> <P>(c) In place of an engineering analysis, either of the following may be accepted:</P> <P>(1) Documented technical data of suitable highway tests which were conducted to simulate transportation loads and conditions; or</P> <P>(2) Acceptable documented evidence of actual transportation experience which meets the intent of this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 3280.904</SECTNO> <SUBJECT>Specific requirements for designing the transportation system.</SUBJECT> <P>(a) <E T="03">General.</E> The entire system (frame, drawbar and coupling mechanism, running gear assembly, and lights) shall be designed and constructed as an integrated, balanced and durable unit which is safe and suitable for its specified use during the intended life of the manufactured home. In operation, the transportation system (supporting the manufactured home structure and its contents) shall effectively respond to the control of the braking, while traveling at applicable towing vehicle in terms of tracking and highway speeds and in normal highway traffic conditions.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>While the majority of manufactured homes utilize a fabricated steel frame assembly, upon which the manufactured home structure is constructed, it is not the intent of this standard to limit innovation. Therefore, other concepts, such as integrating the frame function into the manufactured home structure, are acceptable provided that such design meets the intent and requirements of this part).</P> </NOTE> <P>(b) <E T="03">Specific requirements—</E>(1) <E T="03">Drawbar.</E> The drawbar shall be constructed of sufficient strength, rigidity and durability to safely withstand those dynamic forces experienced during highway transportation. It shall be securely fastened to the manufactured home frame by either a continuous weld or by bolting.</P> <P>(2) <E T="03">Coupling mechanism.</E> The coupling mechanism (which is usually of the socket type) shall be securely fastened to the drawbar in such a manner as to assure safe and effective transfer of the maximum loads, including dynamic loads, between the manufactured home structure and the hitch-assembly of the towing vehicle. The coupling shall be equipped with a manually operated mechanism so adapted as to prevent <PRTPAGE P="197"/>disengagement of the unit while in operation. The coupling shall be so designed that it can be disconnected regardless of the angle of the manufactured home to the towing vehicle. With the manufactured home parked on level ground, the center of the socket of the coupler shall not be less than 20 inches nor more than 26 inches from ground level.</P> <P>(3) <E T="03">Chassis.</E> The chassis, in conjunction with the manufactured home structure, shall be designed and constructed to effectively sustain the designed loads consisting of the dead load plus a minimum of 3 pounds per square foot floor load, (example: free-standing range, refrigerator, and loose furniture) and the superimposed dynamic load resulting from highway movement but shall not be required to exceed twice the dead load. The integrated design shall be capable of insuring rigidity and structural integrity of the complete manufactured home structure and to insure against deformation of structural or finish members during the intended life of the home.</P> <P>(4) <E T="03">Running gear assembly.</E> (i) The running gear assembly, as part of the chassis, shall be designed to perform, as a balanced system, in order to effectively sustain the designed loads set forth in § 3280.904(b)(3) and to provide for durable dependable safe mobility of the manufactured home. It shall be designed to accept shock and vibration, both from the highway and the towing vehicle and effectively dampen these forces so as to protect the manufactured home structure from damage and fatigue. Its components shall be designed to facilitate routine maintenance, inspection and replacement.</P> <P>(ii) Location of the running gear assembly shall be determined by documented engineering analysis, taking into account the gross weight (including all contents), total length of the manufactured home, the necessary coupling hitch weight, span distance, and turning radius. The coupling weight shall be not less than 12 percent nor more than 25 percent of the gross weight.</P> <P>(5) <E T="03">Spring assemblies.</E> Spring assemblies (springs, hangers, shackles, bushings and mounting bolts) shall be capable of withstanding all the design loads as outlined in § 3280.904(b)(3) without exceeding maximum allowable stresses for design spring assembly life as recommended by the spring assembly manufacturer. The capacity of the spring system shall assure, that under maximum operating load conditions, sufficient clearance shall be maintained between the tire and manufactured home frame or structure to permit unimpeded wheel movement and for changing tires.</P> <P>(6) <E T="03">Axles.</E> Axles, and their connecting hardware, shall be capable of withstanding all of the design loads outlined in § 3280.904(b)(3) without exceeding maximum allowable stresses for design axle life as recommended by the axle manufacturer. The number of axles required to provide a safe tow and good ride characteristics shall be determined and documented by engineering analysis. Those alternatives listed in § 3280.903(c) may be accepted in place of such an analysis.</P> <P>(7) <E T="03">Hubs and bearings.</E> Hubs and bearings shall meet the requirements of § 3280.904(b)(3) and good engineering practice. Both of these components shall be accessible for inspection, routine maintenance and replacement of parts.</P> <P>(8) <E T="03">Tires, wheels and rims.</E> Tires, wheels and rims shall meet the requirements of § 3280.904(b)(3). Tires shall be selected for anticipated usage.</P> <P>(9) <E T="03">Brake assemblies.</E> (i) The number, type, size and design of brake assemblies required to assist the towing vehicle in providing effective control and stopping of the manufactured home shall be determined and documented by engineering analysis. Those alternatives listed in § 3280.903(c) may be accepted in place of such an analysis.</P> <P>(ii) Brakes on the towing vehicle and the manufactured home shall be capable of assuring that the maximum stopping distance from an initial velocity of 20 miles per hour does not exceed 40 feet (U.S. Department of Transportation Regulations).</P> <P>(10) <E T="03">Lights and associated wiring.</E> Highway safety electrical lights and associated wiring shall conform to applicable Federal requirements in terms of location and performance. The manufacturer shall have the option of meeting <PRTPAGE P="198"/>this requirement by utilizing a temporary light/wiring harness provided by the manufactured home transportation carrier.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 3282</EAR> <HD SOURCE="HED">PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>3282.1</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <SECTNO>3282.6</SECTNO> <SUBJECT>Separability of provisions.</SUBJECT> <SECTNO>3282.7</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>3282.8</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>3282.9</SECTNO> <SUBJECT>Computation of time.</SUBJECT> <SECTNO>3282.10</SECTNO> <SUBJECT>Civil and criminal penalties.</SUBJECT> <SECTNO>3282.11</SECTNO> <SUBJECT>Preemption and reciprocity.</SUBJECT> <SECTNO>3282.12</SECTNO> <SUBJECT>Excluded structures—modular homes.</SUBJECT> <SECTNO>3282.13</SECTNO> <SUBJECT>Voluntary certification.</SUBJECT> <SECTNO>3282.14</SECTNO> <SUBJECT>Alternative construction of manufactured homes.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Formal Procedures</HD> <SECTNO>3282.51</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>3282.52</SECTNO> <SUBJECT>Address of communications.</SUBJECT> <SECTNO>3282.53</SECTNO> <SUBJECT>Service of process on foreign manu-facturers and importers.</SUBJECT> <SECTNO>3282.54</SECTNO> <SUBJECT>Public information.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Rules and Rulemaking Procedures</HD> <SECTNO>3282.101</SECTNO> <SUBJECT>Generally.</SUBJECT> <SECTNO>3282.111</SECTNO> <SUBJECT>Petitions for reconsideration of final rules.</SUBJECT> <SECTNO>3282.113</SECTNO> <SUBJECT>Interpretative bulletins.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Informal and Formal Presentations of Views, Hearings and Investigations</HD> <SECTNO>3282.151</SECTNO> <SUBJECT>Applicability and scope.</SUBJECT> <SECTNO>3282.152</SECTNO> <SUBJECT>Procedures to present views and evidence.</SUBJECT> <SECTNO>3282.153</SECTNO> <SUBJECT>Public participation in formal or informal presentation of views.</SUBJECT> <SECTNO>3282.154</SECTNO> <SUBJECT>Petitions for formal or informal presentations of views, and requests for extraordinary interim relief.</SUBJECT> <SECTNO>3282.155</SECTNO> <SUBJECT>Investigations.</SUBJECT> <SECTNO>3282.156</SECTNO> <SUBJECT>Petitions for investigations.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Manufacturer Inspection and Certification Requirements</HD> <SECTNO>3282.201</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <SECTNO>3282.202</SECTNO> <SUBJECT>Primary inspection agency contracts.</SUBJECT> <SECTNO>3282.203</SECTNO> <SUBJECT>DAPIA services.</SUBJECT> <SECTNO>3282.204</SECTNO> <SUBJECT>IPIA services.</SUBJECT> <SECTNO>3282.205</SECTNO> <SUBJECT>Certification requirements.</SUBJECT> <SECTNO>3282.206</SECTNO> <SUBJECT>Disagreement with IPIA or DAPIA.</SUBJECT> <SECTNO>3282.207</SECTNO> <SUBJECT>Manufactured home consumer manual requirements.</SUBJECT> <SECTNO>3282.208</SECTNO> <SUBJECT>Remedial actions—general description.</SUBJECT> <SECTNO>3282.209</SECTNO> <SUBJECT>Report requirements.</SUBJECT> <SECTNO>3282.210</SECTNO> <SUBJECT>Payment of monitoring fee.</SUBJECT> <SECTNO>3282.211</SECTNO> <SUBJECT>Record of purchasers.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Dealer and Distributor Responsibilities</HD> <SECTNO>3282.251</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <SECTNO>3282.252</SECTNO> <SUBJECT>Prohibition of sale.</SUBJECT> <SECTNO>3282.253</SECTNO> <SUBJECT>Removal of prohibition of sale.</SUBJECT> <SECTNO>3282.254</SECTNO> <SUBJECT>Distributor and dealer alterations.</SUBJECT> <SECTNO>3282.255</SECTNO> <SUBJECT>Completion of information card.</SUBJECT> <SECTNO>3282.256</SECTNO> <SUBJECT>Distributor or dealer complaint handling.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—State Administrative Agencies</HD> <SECTNO>3282.301</SECTNO> <SUBJECT>General—scope.</SUBJECT> <SECTNO>3282.302</SECTNO> <SUBJECT>State plan.</SUBJECT> <SECTNO>3282.303</SECTNO> <SUBJECT>State plan—suggested provisions.</SUBJECT> <SECTNO>3282.304</SECTNO> <SUBJECT>Inadequate State plan.</SUBJECT> <SECTNO>3282.305</SECTNO> <SUBJECT>State plan approval.</SUBJECT> <SECTNO>3282.306</SECTNO> <SUBJECT>Withdrawal of State approval.</SUBJECT> <SECTNO>3282.307</SECTNO> <SUBJECT>Monitoring inspection fee establishment and distribution.</SUBJECT> <SECTNO>3282.308</SECTNO> <SUBJECT>State participation in monitoring of primary inspection agencies.</SUBJECT> <SECTNO>3282.309</SECTNO> <SUBJECT>Formal and informal presentations of views held by SAAs.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Primary Inspection Agencies</HD> <SECTNO>3282.351</SECTNO> <SUBJECT>General.</SUBJECT> <SECTNO>3282.352</SECTNO> <SUBJECT>State exclusive IPIA functions.</SUBJECT> <SECTNO>3282.353</SECTNO> <SUBJECT>Submission format.</SUBJECT> <SECTNO>3282.354</SECTNO> <SUBJECT>Submittal of false information or refusal to submit information.</SUBJECT> <SECTNO>3282.355</SECTNO> <SUBJECT>Submission acceptance.</SUBJECT> <SECTNO>3282.356</SECTNO> <SUBJECT>Disqualification and requalification of primary inspection agencies.</SUBJECT> <SECTNO>3282.357</SECTNO> <SUBJECT>Background and experience.</SUBJECT> <SECTNO>3282.358</SECTNO> <SUBJECT>Personnel.</SUBJECT> <SECTNO>3282.359</SECTNO> <SUBJECT>Conflict of interest.</SUBJECT> <SECTNO>3282.360</SECTNO> <SUBJECT>PIA acceptance of product certification programs or listings.</SUBJECT> <SECTNO>3282.361</SECTNO> <SUBJECT>Design Approval Primary Inspection Agency (DAPIA).</SUBJECT> <SECTNO>3282.362</SECTNO> <SUBJECT>Production Inspection Primary Inspection Agencies (IPIAs).</SUBJECT> <SECTNO>3282.363</SECTNO> <SUBJECT>Right of entry and inspection.</SUBJECT> <SECTNO>3282.364</SECTNO> <SUBJECT>Inspection responsibilities and coordination.</SUBJECT> <SECTNO>3282.365</SECTNO> <SUBJECT>Forwarding monitoring fee.</SUBJECT> <SECTNO>3282.366</SECTNO> <SUBJECT>Notification and correction campaign responsibilities.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Consumer Complaint Handling and Remedial Actions</HD> <SECTNO>3282.401</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>3282.402</SECTNO> <SUBJECT>General principles.</SUBJECT> <SECTNO>3282.403</SECTNO> <SUBJECT>Consumer complaint and information referral.<PRTPAGE P="199"/> </SUBJECT> <SECTNO>3282.404</SECTNO> <SUBJECT>Notification pursuant to manufacturer's determination.</SUBJECT> <SECTNO>3282.405</SECTNO> <SUBJECT>SAA responsibilities.</SUBJECT> <SECTNO>3282.406</SECTNO> <SUBJECT>Required manufacturer correction.</SUBJECT> <SECTNO>3282.407</SECTNO> <SUBJECT>Notification and correction pursuant to administrative determination.</SUBJECT> <SECTNO>3282.408</SECTNO> <SUBJECT>Reimbursement for prior correction by owner.</SUBJECT> <SECTNO>3282.409</SECTNO> <SUBJECT>Manufacturer's plan for notification and correction.</SUBJECT> <SECTNO>3282.410</SECTNO> <SUBJECT>Contents of notice.</SUBJECT> <SECTNO>3282.411</SECTNO> <SUBJECT>Time for implementation.</SUBJECT> <SECTNO>3282.412</SECTNO> <SUBJECT>Completion of remedial actions and report.</SUBJECT> <SECTNO>3282.413</SECTNO> <SUBJECT>Replacement or repurchase of manufactured home from purchaser.</SUBJECT> <SECTNO>3282.414</SECTNO> <SUBJECT>Manufactured homes in the hands of dealers and distributors.</SUBJECT> <SECTNO>3282.415</SECTNO> <SUBJECT>Notices, bulletins and other communications.</SUBJECT> <SECTNO>3282.416</SECTNO> <SUBJECT>Supervision of notification and correction actions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Monitoring of Primary Inspection Agencies</HD> <SECTNO>3282.451</SECTNO> <SUBJECT>General.</SUBJECT> <SECTNO>3282.452</SECTNO> <SUBJECT>Participation in monitoring.</SUBJECT> <SECTNO>3282.453</SECTNO> <SUBJECT>Frequency and extent of monitoring.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Departmental Oversight</HD> <SECTNO>3282.501</SECTNO> <SUBJECT>General.</SUBJECT> <SECTNO>3282.502</SECTNO> <SUBJECT>Departmental implementation.</SUBJECT> <SECTNO>3282.503</SECTNO> <SUBJECT>Determinations and hearings.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart L—Manufacturer, IPIA and SAA Reports</HD> <SECTNO>3282.551</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <SECTNO>3282.552</SECTNO> <SUBJECT>Manufacturer reports for joint monitoring fees.</SUBJECT> <SECTNO>3282.553</SECTNO> <SUBJECT>IPIA reports.</SUBJECT> <SECTNO>3282.554</SECTNO> <SUBJECT>SAA reports.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>28 U.S.C. 2461 note; 42 U.S.C. 5424; and 42 U.S.C. 3535(d).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>41 FR 19852, May 13, 1976, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 3282.1</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <P>(a) The National Manufactured Housing Construction and Safety Standards Act of 1974 (title VI of Pub. L. 93-383, 88 Stat. 700, 42 U.S.C. 5401, <E T="03">et seq.</E>) (hereinafter referred to as the Act), requires the Secretary of the Department of Housing and Urban Development to establish Federal manufactured home construction and safety standards and to issue regulations to carry out the purpose of the Act. The standards promulgated pursuant to the Act appear at part 3280 of chapter XX of this title, and apply to all manufactured homes manufactured for sale to purchasers in the United States on or after the effective date of the standards (June 15, 1976). A manufactured home is manufactured on or after June 15, 1976, if it enters the first stage of production on or after that date.</P> <P>(b) The Secretary is also authorized by the Act to conduct inspections and investigations necessary to enforce the standards, to determine that a manufactured home fails to comply with an applicable standard or contains a defect or an imminent safety hazard, and to direct the manufacturer to furnish notification thereof, and in some cases, to remedy the defect or imminent safety hazard. The purpose of this part is to prescribe procedures for the implementation of these responsibilities of the Secretary under the Act through the use of private and State inspection organizations and cooperation with State manufactured home agencies. It is the policy of the Department to involve State agencies in the enforcement of the Federal manufactured home standards to the maximum extent possible consistent with the capabilities of such agencies and the public interest. The procedures for investigations and investigational proceedings are set forth in 24 CFR part 3800.</P> <CITA>[41 FR 19852, May 13, 1976, as amended at 61 FR 10442, Mar. 13, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.6</SECTNO> <SUBJECT>Separability of provisions.</SUBJECT> <P>If any clause, sentence, paragraph, section or other portion of part 3282 shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined by its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.</P> </SECTION> <SECTION> <SECTNO>§ 3282.7</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The terms <E T="03">Department, HUD,</E> and <E T="03">Secretary</E> are defined in 24 CFR part 5.</P> <P>(a) <E T="03">Act</E> means the National Manufactured Housing Construction and Safety Standards Act of 1974, title VI of the <PRTPAGE P="200"/>Housing and Community Development Act of 1974 (42 U.S.C. 5401 <E T="03">et seq.</E>)</P> <P>(b) <E T="03">Add-on</E> means any structure (except a structure designed or produced as an integral part of a manufactured home) which, when attached to the basic manufactured home unit, increases the area, either living or storage, of the manufactured home.</P> <P>(c) <E T="03">Alteration</E> means the replacement, addition, and modification, or removal of any equipment or installation after sale by a manufacturer to a dealer or distributor but prior to sale by a dealer to a purchaser which may affect the construction, fire safety, occupancy, plumbing, heat-producing or electrical system. It includes any modification made in the manufactured home which may affect the compliance of the home with the standards, but it does not include the repair or replacement of a component or appliance requiring plug-in to an electrical receptacle where the replaced item is of the same configuration and rating as the one being replaced. It also does not include the addition of an appliance requiring <E T="03">plug-in</E> to an electrical receptacle, which appliance was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which it is connected.</P> <P>(d) <E T="03">Certification label</E> see <E T="03">label</E>.</P> <P>(e) <E T="03">Certification report</E> means the report prepared by an IPIA (see definition z) for each manufactured home manufacturing plant under § 3282.203 in which the IPIA provides a complete description of the initial comprehensive inspection of the plant, an evaluation of the quality assurance program under the approved quality assurance manual, and the identity of the DAPIA (see definition z) which approved the designs and quality assurance manual used in the plant. Where appropriate under § 3282.362(b)(5), the certification report may be made by a DAPIA.</P> <P>(f) <E T="03">Component</E> means any part, material or appliance which is built in as an integral part of the manufactured home during the manufacturing process.</P> <P>(g) <E T="03">Cost information</E> means information submitted by a manufacturer under section 607 of the Act with respect to alleged cost increases resulting from action by the Secretary, in such form as to permit the public and the Secretary to make an informed judgment on the validity of the manufacturer's statements. Such term includes both the manufacturer's cost and the cost to retail purchasers.</P> <P>(h) <E T="03">Date of manufacture</E> means the date on which the label required by § 3282.205(c) is affixed to the manufactured home.</P> <P>(i) <E T="03">Dealer</E> means any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale.</P> <P>(j) <E T="03">Defect</E> means a failure to comply with an applicable Federal manufactured home safety and construction standard that renders the manufactured home or any part or component thereof not fit for the ordinary use for which it was intended, but does not result in an unreasonable risk of injury or death to occupants of the affected manufactured home. See related definitions of <E T="03">imminent safety hazard</E> (definition q), <E T="03">noncompliance</E> (definition x), and <E T="03">serious defect</E> (definition ff).</P> <P>(k) <E T="03">Design</E> means drawings, specifications, sketches and the related engineering calculations, tests and data in support of the configurations, structures and systems to be incorporated in manufactured homes manufactured in a plant.</P> <P>(l) <E T="03">Director</E> means the Director of the Manufactured Housing Standards Division.</P> <P>(m) <E T="03">Distributor</E> means any person engaged in the sale and distribution of manufactured homes for resale.</P> <P>(n) <E T="03">Failure to conform</E> means an imminent safety hazard related to the standards, a serious defect, defect, or noncompliance and is used as a substitute for all of those terms.</P> <P>(o) [Reserved]</P> <P>(p) <E T="03">Imminent safety hazard</E> means a hazard that presents an imminent and unreasonable risk of death or severe personal injury that may or may not be related to failure to comply with an applicable Federal manufactured home construction or safety standard. See related definitions of <E T="03">defect</E> (definition j), <E T="03">noncompliance</E> (paragraph x) and <E T="03">serious defect</E> (paragraph ff).<PRTPAGE P="201"/> </P> <P>(q) <E T="03">Joint monitoring team</E> means a monitoring inspection team composed of personnel provided by the various State Administrative Agencies, or by HUD or its contract agent, operating under a contract with HUD for the purpose of monitoring, or otherwise aiding in the enforcement of the Federal standards.</P> <P>(r) <E T="03">Label</E> or <E T="03">certification label</E> means the approved form of certification by the manufacturer that, under § 3282.362(c)(2)(i), is permanently affixed to each transportable section of each manufactured home manufactured for sale to a purchaser in the United States.</P> <P>(s) (Same as § 3280.2(a)(13).)</P> <P>(t) <E T="03">Manufacturer</E> means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale.</P> <P>(u) (Same as § 3280.2(a)(16).)</P> <P>(v) <E T="03">Manufactured home construction</E> means all activities relating to the assembly and manufacture of a manufactured home including but not limited to those relating to durability, quality, and safety.</P> <P>(w) <E T="03">Manufactured home safety</E> means the performance of a manufactured home in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design or construction of such manufactured home, or any unreasonable risk of death or injury to the user or to the public if such accidents do occur.</P> <P>(x) <E T="03">Noncompliance</E> means a failure of a manufactured home to comply with a Federal manufactured home construction or safety standard that does not constitute a defect, serious defect, or imminent safety hazard. See related definitions or <E T="03">defect</E> (definition j), <E T="03">imminent safety hazard</E> (definition q), and <E T="03">serious defect</E> (definition ff).</P> <P>(y) <E T="03">Owner</E> means any person purchasing a manufactured home from any other person after the first purchase of the manufactured home, in good faith, for purposes other than resale.</P> <P>(z) <E T="03">Primary Inspection Agency</E> (PIA) means a State/or private organization that has been accepted by the Secretary in accordance with the requirement of subpart H of this part. There are two types of PIA:</P> <P>(1) Design Approval PIA (DAPIA), which evaluates and approves or disapproves manufactured home designs and quality control procedures, and</P> <P>(2) Production Inspection PIA (IPIA), which evaluates the ability of manufactured home manufacturing plants to follow approved quality control procedures and provides ongoing surveillance of the manufacturing process. Organizations may act as one or both of these types.</P> <P>(aa) <E T="03">Purchaser</E> means the first person purchasing a manufactured home in good faith for purposes other than resale.</P> <P>(bb) <E T="03">Quality Assurance Manual</E> means a manual, prepared by each manufacturer for its manufacturing plants and approved by a DAPIA which contains: a statement of the manufacturer's quality assurance program, a chart of the organization showing, by position, all personnel accountable for quality assurance, a list of tests and test equipment required, a station-by-station description of the manufacturing process, a list of inspections required at each station, and a list by title of personnel in the manufacturer's organization to be held responsible for each inspection. Where necessary, the quality assurance manual used in a particular plant shall contain information specific to that plant.</P> <P>(cc) <E T="03">To red tag</E> means to affix a notice to a manufactured home which has been found to contain an imminent safety hazard or a failure to conform with any applicable standard. A <E T="03">red tag</E> is the notice so affixed to the manufactured home.</P> <P>(dd) [Reserved]</P> <P>(ee) <E T="03">Secretary's agent</E> means a party operating as an independent contractor under a contract with HUD.</P> <P>(ff) <E T="03">Serious defect</E> means any failure to comply with an applicable Federal manufactured home construction and safety standard that renders the manufactured home or any part thereof not fit for the ordinary use for which it was intended and which results in an unreasonable risk of injury or death to occupants of the affected manufactured home.<PRTPAGE P="202"/> </P> <P>(gg) <E T="03">Standards</E> means the Federal manufactured home construction and safety standards promulgated under section 604 of the Act, 42 U.S.C. 5403, as part 3280 of these regulations.</P> <P>(hh) <E T="03">State</E> includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.</P> <P>(ii) <E T="03">State Administrative Agency</E> (SAA) means an agency of a State which has been approved or conditionally approved to carry out the State plan for enforcement of the standards pursuant to section 623 of the Act, 42 U.S.C. 5422, and subpart G of this part.</P> <P>(jj) <E T="03">State plan application</E> means the application of any State organization which is submitted to the Secretary for approval as a State Administrative Agency under subpart G.</P> <P>(kk) <E T="03">System</E> means a set or arrangement of materials or components related or connected as to form an operating entity, i.e., heating, ventilating and air-conditioning systems, evaporative coolers.</P> <P>(ll) [Reserved]</P> <P>(mm) <E T="03">United States District Courts</E> means the Federal district courts of the United States and the United States courts of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.</P> <P>(nn) (Same as § 3280.2(a)(22).)</P> <CITA>[41 FR 19852, May 13, 1976, as amended at 41 FR 24971, June 21, 1976; 47 FR 28093, June 29, 1982; 61 FR 5216, Feb. 9, 1996; 61 FR 10859, Mar. 15, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.8</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>(a) <E T="03">Mobile homes.</E> This part applies to all manufactured homes that enter the first stage of production on or after June 15, 1976, and to all manufactured homes that enter the first stage of production before June 15, 1976, to which labels are applied under § 3282.205(d).</P> <P>(b) <E T="03">States.</E> This part applies to States that desire to assume responsibility under the Federal manufactured home construction and safety standards enforcement program. It includes requirements which must be met in order for State agencies to be approved by the Secretary under section 623(c) of the Act, 42 U.S.C. 5422(c). It also includes requirements for States wishing to act as primary inspection agencies, as defined in § 3282.7, or to participate in monitoring activities under § 3282.308.</P> <P>(c) <E T="03">Primary inspection and engineering organizations.</E> This part applies to each private inspection and engineering organization that wishes to qualify as a primary inspection agency under subpart H.</P> <P>(d) <E T="03">Manufactured home manufacturers.</E> This part applies to all manufacturers producing manufactured homes for sale in the United States. It includes:</P> <P>(1) Inspection procedures to be carried out in the manufacturing plants.</P> <P>(2) Procedures by which a manufacturer obtains approval of manufactured home designs.</P> <P>(3) Procedures by which a manufacturer obtains approval of manufacturing quality control and assurance programs.</P> <P>(4) Procedures by which a manufacturer may obtain production inspections and certification labels for its manufactured homes.</P> <P>(e) <E T="03">Manufactured home dealers and distributors.</E> This part applies to any person selling, leasing, or distributing new manufactured homes for use in the United States. It includes prohibitions of the sale of new manufactured homes to which labels have not been affixed pursuant to subpart H of these regulations or that have been altered, damaged, or otherwise caused not to be in compliance with the Federal standards.</P> <P>(f) <E T="03">Purchasers, owners and consumers.</E> This part applies to purchasers, owners and consumers of manufactured homes in that it sets out procedures to be followed when purchasers, owners and consumers complain to manufacturers, States, the Secretary or others concerning problems in manufactured homes for which remedies are provided under the Act.</P> <P>(g) <E T="03">Recreational vehicles.</E> Recreational vehicles are not subject to this part, part 3280, or part 3283. A recreational vehicle is a vehicle which is:</P> <P>(1) Built on a single chassis;</P> <P>(2) 400 Square feet or less when measured at the largest horizontal projections;</P> <P>(3) Self-propelled or permanently towable by a light duty truck; and<PRTPAGE P="203"/> </P> <P>(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.</P> <P>(h) <E T="03">Imported manufactured homes.</E> Imported manufactured homes are covered by the regulations except as modified by regulations promulgated jointly by the Secretary and the Secretary of the Treasury.</P> <P>(i) <E T="03">Export manufactured homes.</E> Manufactured Homes intended solely for export are not governed by this part or by part 3280 of this title if a label or tag stating that the manufactured home is intended solely for export is placed on the manufactured home or the outside of the container, if any, in which it is to be exported. However, any manufactured home so tagged or labeled that is not exported but is sold to a purchaser in the United States is subject to this part and part 3280 of this title.</P> <P>(j) <E T="03">Add-on.</E> An add-on added by the dealer or some other party not the manufacturer (except where the manufacturer acts as a dealer) as part of a simultaneous transaction involving the sale of a new manufactured home, is not governed by the standards and is not subject to these regulations. However, the addition of the add-on must not affect the ability of the basic manufactured home to comply with the standards. If the addition of an add-on causes the basic manufactured home to fail to conform to the standards, sale, lease, and offer for sale or lease of the home is prohibited until the manufactured home is brought into conformance with the standards. While the standards do not govern add-ons, the Secretary has the authority to promulgate standards for add-ons and may do so in the future.</P> <P>(k) A structure (including an expandable room, tip-out, or tag-along unit) which is designed and produced as an integral part of a manufactured home when assembled on site, is governed by the standards and these regulations regardless of the dimensions of such structure.</P> <P>(l) <E T="03">Multifamily homes.</E> Mobile homes designed and manufactured with more than one separate living unit are not covered by the standards and these regulations.</P> <CITA>[41 FR 19852, May 13, 1976, as amended at 41 FR 24970, June 21, 1976; 42 FR 35013, July 7, 1977; 44 FR 68733, Nov. 29, 1979; 47 FR 28093, June 29, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.9</SECTNO> <SUBJECT>Computation of time.</SUBJECT> <P>(a) In computing any period of time prescribed by the regulations in this part, refer to § 26.16(a) of this title.</P> <P>(b) Extensions of any of the time periods set out in these regulations may be granted by the Secretary or, as appropriate, by a State Administrative Agency, upon a showing of good cause by the party governed by the time period.</P> <CITA>[42 FR 2580, Jan. 12, 1977, as amended at 61 FR 10859, Mar. 15, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.10</SECTNO> <SUBJECT>Civil and criminal penalties.</SUBJECT> <EXT-XREF HREF="20030317" REFID="101">Link to an amendment published at 68 FR 12789, Mar. 17, 2003.</EXT-XREF> <P>Failure to comply with these regulations may subject the party in question to the civil and criminal penalties provided for in section 611 of the Act, 42 U.S.C. 5410. The maximum amount of penalties imposed under section 611 of the Act shall be $1,100 for each violation, up to a maximum of $1,100,000 for any related series of violations occurring within one year from the date of the first violation.</P> <CITA>[41 FR 19852, May 13, 1976, as amended at 61 FR 50219, Sept. 24, 1996]</CITA> <EFFDNOTP> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 68 FR 12788, Mar. 17, 2003, § 3282.10 was revised, effective Apr. 16, 2003. For the convenience of the user, the revised text follows:</P> <REVTXT> <SECTION> <SECTNO>§ 3282.10</SECTNO> <SUBJECT>Civil and criminal penalties.</SUBJECT> <P>Failure to comply with these regulations may subject the party in question to the civil and criminal penalties provided for in section 611 of the Act, 42 U.S.C. 5410. The maximum amount of penalties imposed under section 611 of the Act shall be $1,100 for each violation, up to a maximum of $1,250,000 for any related series of violations occurring within one year from the date of the first violation.</P> </SECTION> <SECTION> <SECTNO>§ 3282.11</SECTNO> <SUBJECT>Preemption and reciprocity.</SUBJECT> <P>(a) No State manufactured home standard regarding manufactured home construction and safety which covers aspects of the manufactured home governed by the Federal standards shall be established or continue in effect with <PRTPAGE P="204"/>respect to manufactured homes subject to the Federal standards and these regulations unless it is identical to the Federal standards.</P> <P>(b) No State may require, as a condition of entry into or sale in the State, a manufactured home certified (by the application of the label required by § 3282.362(c)(2)(i)) as in conformance with the Federal standards to be subject to State inspection to determine compliance with any standard covering any aspect of the manufactured home covered by the Federal standards. Nor may any State require that a State label be placed on the manufactured home certifying conformance to the Federal standard or an identical standard. Certain actions that States are permitted to take are set out in § 3282.303.</P> <P>(c) States may participate in the enforcement of the Federal standards enforcement program under these regulations either as SAAs or PIAs or both. These regulations establish the exclusive system for enforcement of the Federal standards. No State may establish or keep in effect through a building code enforcement system or otherwise, procedures or requirements which constitute systems for enforcement of the Federal standards or of identical State standards which are outside the system established in these regulations or which go beyond this system to require remedial actions which are not required by the Act and these regulations. A State may establish or continue in force consumer protections, such as warranty or warranty performance requirements, which respond to individual consumer complaints and so do not constitute systems of enforcement of the Federal standards, regardless of whether the State qualifies as an SAA or PIA.</P> <P>(d) No State or locality may establish or enforce any rule or regulation or take any action that stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. The test of whether a State rule or action is valid or must give way is whether the State rule can be enforced or the action taken without impairing the Federal superintendence of the manufactured home industry as established by the Act.</P> <CITA>[42 FR 2580, Jan. 12, 1977, as amended at 56 FR 65186, Dec. 16, 1991; 61 FR 10859, Mar. 15, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.12</SECTNO> <SUBJECT>Excluded structures—modular homes.</SUBJECT> <P>(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.</P> <P>(b) Any structure that meets the definition of <E T="03">manufactured home</E> 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 <E T="03">et seq.,</E> if the manufacturer certifies as prescribed in paragraph (c) of this section that:</P> <P>(1) The structure is designed only for erection or installation on a site-built permanent foundation;</P> <P>(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.</P> <P>(ii) A site-built permanent foundation is a system of supports, including piers, either partially or entirely below grade which is:</P> <P>(A) Capable of transferring all design loads imposed by or upon the structure into soil or bedrock without failure,</P> <P>(B) Placed at an adequate depth below grade to prevent frost damage, and</P> <P>(C) Constructed of concrete, metal, treated lumber or wood, or grouted masonry; and<PRTPAGE P="205"/> </P> <P>(2) The structure is not designed to be moved once erected or installed on a site-built permanent foundation;</P> <P>(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</P> <P>(3) The structure is designed and manufactured to comply with the currently effective version of one of the following:</P> <P>(i) One of the following nationally recognized building codes:</P> <P>(A) That published by Building Officials and Code Administrators (BOCA) and the National Fire Protection Association (NFPA) and made up of the following:</P> <P>(<E T="03">1</E>) BOCA Basic Building Code,</P> <P>(<E T="03">2</E>) BOCA Basic Industrialized Dwelling Code,</P> <P>(<E T="03">3</E>) BOCA Basic Plumbing Code,</P> <P>(<E T="03">4</E>) BOCA Basic Mechanical Code, and</P> <P>(<E T="03">5</E>) National Electrical Code, or</P> <P>(B) That published by the Southern Building Code Congress (SBCC) and the NFPA and made up of the following:</P> <P>(<E T="03">1</E>) Standard Building Code,</P> <P>(<E T="03">2</E>) Standard Gas Code,</P> <P>(<E T="03">3</E>) Standard Mechanical Code,</P> <P>(<E T="03">4</E>) Standard Plumbing Code, and</P> <P>(<E T="03">5</E>) National Electrical Code, or</P> <P>(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:</P> <P>(<E T="03">1</E>) Uniform Building Code,</P> <P>(<E T="03">2</E>) Uniform Mechanical Code,</P> <P>(<E T="03">3</E>) Uniform Plumbing Code, and</P> <P>(<E T="03">4</E>) National Electrical Code or</P> <P>(D) The codes included in paragraphs (b)(3)(i)(A), (B), or (C) in connection with the One- and Two-Family Dwelling Code, or</P> <P>(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</P> <P>(F) Any other building code accepted by the Secretary as a nationally recognized model building code, or</P> <P>(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</P> <P>(iii) The minimum property standards adopted by the Secretary pursuant to title II of the National Housing Act; and</P> <P>(4) To the manufacturer's knowledge, the structure is not intended to be used other than on a site-built permanent foundation.</P> <P>(c) When a manufacturer makes a certification provided for under paragraph (b) of this section, the certification shall state as follows: </P> <EXTRACT> <P>The manufacturer of this structure, Name ————————; Address ———————— (location where structure was manufactured). </P> <P>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—</P> <P>(1) designed only for erection or installation on a site-built permanent foundation,</P> <P>(2) not designed to be moved once so erected or installed,</P> <P>(3) designed and manufactured to comply with ———————— (Here state which code included in paragraph (b)(3) of this section has been followed), and</P> <P>(4) to the manufacturer's knowledge is not intended to be used other than on a site-built permanent foundation.</P> </EXTRACT> <P>(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.<PRTPAGE P="206"/> </P> <P>(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 §§ 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 §§ 3282.205 and 3282.362(c).</P> <P>(1) If a manufacturer wishes to certify a structure as a manufactured home under §§ 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 § 3280.6.</P> <P>(2) A manufacturer may not certify a structure under this section after having applied the manufactured home serial number under § 3280.6.</P> <P>(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, the Federal Manufactured Home Construction and Safety Standards, or these Regulations.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[44 FR 68733, Nov. 29, 1979, as amended at 49 FR 10666, Mar. 22, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.13</SECTNO> <SUBJECT>Voluntary certification.</SUBJECT> <P>(a) The purpose of this section is to provide a procedure for voluntary certification of non-conforming manufactured homes as required by 42 U.S.C. 5402(6) as amended by section 308(d)(B) of the Housing and Community Development Act of 1980.</P> <P>(b) Structures which meet all of the requirements of a <E T="03">manufactured home</E> as set out in § 3282.7(u), except the size requirements, shall be <E T="03">manufactured homes</E> if the manufacturer files with the Secretary a certification in the following form: </P> <EXTRACT> <P>[Name of manufacturer and address where structures are to be manufactured] certifies that it intends to manufacture structures that meet all of the requirements of manufactured homes set forth at 42 U.S.C. 5402(6) except the size requirements. Such structures are to be treated as manufactured homes for the purposes of the National Manufactured Housing Construction and Safety Standards Act of 1974 and the regulations promulgated pursuant thereto. Such structures will be built in conformance with the Standards. [Name of manufacturer] further certifies that if, at any time it manufactures structures which are not manufactured <PRTPAGE P="207"/>homes, it will identify each such structure by a permanent serial number placed on the structure during the first stage of production and that the series of serial numbers for such structures shall be distinguishable on the structures and in its records from the series of serial numbers used for manufactured homes.</P> </EXTRACT> <P>(c) Whenever a manufacturer which has filed a certification pursuant to § 3282.13(b) produces structures which are not manufactured homes, it must identify each such structure by placing a permanent serial number on the structure during the first stage of production. The series of serial numbers placed on these structures shall be distinguishable on the structure and in the manufacturer's records from the series of serial numbers used for manufactured homes.</P> <P>(d) A manufacturer may certify a structure as a manufactured home after having applied a serial number identifying it as a structure which is not a manufactured home. To do so, the manufacturer must secure the written consent of the IPIA. This consent may only be given after a DAPIA has approved the manufacturer's design and quality assistance manual in accordance with § 3282.361, and after the IPIA has thoroughly inspected the structure in at least one stage of production and after such removal of equipment, components or materials as the IPIA may require to assure that the structure conforms to the standards. After certification as a manufactured home has been approved, the manufacturer shall remove the original serial number and add the serial number required by § 3280.6.</P> <P>(e) Once a manufacturer has certified under § 3282.13(b) that it intends to build structures which are manufactured homes in all respects except size, the manufacturer must then, with respect to those structures, comply with all of the requirements of the Act and its regulations. The structures may not thereafter be exempted under any other section of these regulations.</P> <CITA>[47 FR 28093, June 29, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.14</SECTNO> <SUBJECT>Alternative construction of manufactured homes.</SUBJECT> <P>(a) <E T="03">Policy.</E> In order to promote the purposes of the Act, the Department will permit the sale or lease of one or more manufactured homes not in compliance with the Standards under circumstances wherein no affirmative action is needed to protect the public interest. The Department encourages innovation and the use of new technology in manufactured homes. Accordingly, HUD will permit manufacturers to utilize new designs or techniques not in compliance with the Standards in cases:</P> <P>(1) Where a manufacturer proposes to utilize construction that would be prohibited by the Standards;</P> <P>(2) Where such construction would provide performance that is equivalent to or superior to that required by the Standards; and</P> <P>(3) Where (i) compliance with the Standards would be unreasonable because of the circumstances of the particular case, or (ii) the alternative construction would be for purposes of research, testing or development of new techniques or designs. If a request for alternative construction is submitted and the facts are consistent with these principles, the Secretary may issue a letter under paragraph (c) of this section stating that no action will be taken under the Act based upon specific failures to conform to the Standards or these regulations, provided that certain conditions are met. The issuance of a letter under paragraph (c) of this section will not affect any right that any purchaser may have under the Act or other applicable law and will not preclude any further agency action that may become necessary.</P> <P>(b) <E T="03">Request for alternative construction.</E> A manufacturer may submit a request for alternative construction of a manufactured home. The request should be sent to the U.S. Department of Housing and Urban Development, Manufactured Housing Standards Division, 451 Seventh Street, SW., Washington, DC 20410. The request must include:</P> <P>(1) A copy of the manufactured design or plan for each nonconforming model which a manufacturer plans to build;</P> <P>(2) An explanation of the manner in which the design fails to conform with the Standards, including a list of the specific standards involved;<PRTPAGE P="208"/> </P> <P>(3) An explanation of how the design will result in homes that provide the same level of performance, quality, durability and safety as would be provided under the Standards;</P> <P>(4) A copy of data adequate to support the request, including applicable test data, engineering calculations or certifications from nationally recognized laboratories;</P> <P>(5) An estimate of the maximum number of manufactured home units affected and the location, if known, to which the units will be shipped;</P> <P>(6) An indication of the period of time during which the manufacturer proposes to engage in the manufacture, sale or lease of the nonconforming homes;</P> <P>(7) A copy of the proposed notice to be provided to home purchasers;</P> <P>(8) A list of the names and addresses of any dealers that would be selling the nonconforming homes; and</P> <P>(9) A letter from the manufacturer's DAPIA indicating that the design(s) to which any nonconforming homes would be built meet the Standards in all other respects.</P> <P>(c) <E T="03">Issuance of the letter by the Secretary—</E>(1) <E T="03">Contents of the letter.</E> If the Secretary issues a letter in response to a request for alternative construction, the letter shall include the specific standards affected, an explanation of the proposed activity or design, an explanation of how the request is consistent with the objectives of the Act, and any conditions that the manufacturer must meet.</P> <P>(2) <E T="03">Letter sent to IPIA, DAPIA and SAA.</E> The Secretary shall forward a copy of the letter to the manufacturer's IPIA and DAPIA along with a letter authorizing the DAPIA to approve plans containing the alternative construction, and authorizing the IPIA to permit use of the alternative construction, provided that the conditions set forth in the letter are met. The Secretary shall also forward a copy of the letter to the SAAs in the State of manufacture and the State(s) in which the homes are to be located, if known.</P> <P>(3) <E T="03">Alternative construction in additional models.</E> In cases where the Secretary grants a letter under this paragraph that is not model-specific, the Secretary may permit the manufacturer to include the alternative construction in additional models. In such cases, the DAPIA shall notify the Department of additional models that incorporate the alternative construction.</P> <P>(d) <E T="03">Revocation.</E> The Secretary may revoke or amend a letter issued under paragraph (c) of this section at any time. Such revocation or amendment will be prospective only. Where manufacturers have requested alternative construction for research, testing or development such alternative construction may not achieve the anticipated results. Therefore, the Secretary may require a manufacturer to bring those homes into compliance with the standards if, after the alternative construction has been in use for a period of time specified by the Secretary, these homes are not, in the Secretary's judgment, providing the levels of safety, quality and durability which would have been provided had the homes been built in compliance with the Standards.</P> <P>(e) <E T="03">Notice to prospective purchasers.</E> Manufacturers receiving letters under paragraph (c) of this section shall provide notice to prospective purchasers that the home does not conform to the Standards. Such notice shall be delivered to each prospective purchase before he or she enters into an agreement to purchase the home. The notice shall be in the following form or in such other form as may be approved by the Secretary: </P> <EXTRACT> <HD SOURCE="HD1">Notice to Purchasers</HD> <P>The Department of Housing and Urban Development has issued a letter to (Name of Manufacturer) concerning the homes in (location if known). As designed, the homes do not meet Federal Manufactured Home Construction and Safety Standards regarding (brief statement of manufacturer's nonconformance).</P> <P>HUD has evaluated the alternative construction and believes that it provides an equivalent level of quality, durability and safety to that provided by the Standards.</P> <P>For further information about the specific Federal Standards involved, a copy of the letter issued pursuant to 24 CFR 3282.14(c) is available from this dealer or manufacturer upon request.</P> </EXTRACT> <P>(f) <E T="03">Serial numbers of homes constructed using alternative construction.</E> Manufacturers shall provide the Department <PRTPAGE P="209"/>with the serial numbers assigned to each home produced in conformance with the letter issued under paragraph (c) of this section within 90 days of their date of manufacture. Each serial number shall include the letters “AC” to indicate that the homes was produced under alternative construction procedures.</P> <CITA>[49 FR 1967, Jan. 16, 1984]</CITA> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart B—Formal Procedures</HD> <SECTION> <SECTNO>§ 3282.51</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This subpart contains rules of procedure generally applicable to the transaction of official business under the National Manufactured Housing Construction and Safety Standards Act, including the rules governing public availability of information.</P> </SECTION> <SECTION> <SECTNO>§ 3282.52</SECTNO> <SUBJECT>Address of communications.</SUBJECT> <P>Unless otherwise specified, communications shall be addressed to the Director, Manufactured Housing Standards Division, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410.</P> </SECTION> <SECTION> <SECTNO>§ 3282.53</SECTNO> <SUBJECT>Service of process on foreign manufacturers and importers.</SUBJECT> <P>The designation of an agent required by section 612(e) of the Act, 42 U.S.C. 5411(e), shall be in writing, dated, and signed by the manufacturer and the designated agent.</P> <CITA>[61 FR 10860, Mar. 15, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.54</SECTNO> <SUBJECT>Public information.</SUBJECT> <P>(a) <E T="03">General.</E> Subject to the provisions of 24 CFR part 15 covering the production or disclosure of material or information and the provisions of 24 CFR part 16 at 40 FR 39729 relating to the Privacy Act, and except as otherwise provided by paragraphs (b), (c), (d), and (e) of this section, the Secretary may make available to the public:</P> <P>(1) Any information which may indicate the existence of an imminent safety hazard, and</P> <P>(2) Any information which may indicate the failure of a manufactured home to comply with applicable manufactured home construction and safety standards, and</P> <P>(3) Such other information as the Secretary determines is necessary to carry out the Secretary's functions under the Act.</P> <P>(b) <E T="03">Protected information.</E> Data and information submitted or otherwise provided to the Secretary or an agent of the Secretary or a PIA or SAA which fall within the definitions of a trade secret or confidential commercial or financial information are exempt from disclosure under this section, only if the party submitting or providing the information so requests under paragraph (c) of this section. However, the Secretary may disclose such information to any person requesting it after deletion of the portions which are exempt, or in such combined or summary form as does not disclose the portions which are exempt from disclosure or in its entirety in accordance with section 614 of the Act, U.S.C. 5413.</P> <P>(c) <E T="03">Obtaining exemption.</E> Any party submitting any information to the Secretary in any form under this part, or otherwise in relation to the program established by the Act shall, if the party desires the information to be exempt from disclosure, at the time of submittal of the information or at any time thereafter, request that the information or any part thereof be protected from disclosure. The request for nondisclosure shall include the basis for the request under the Act or other authority and complete justification supporting the claim that the material should be exempt from disclosure. The request should also include a statement of the information in such combined or summary form that alleged trade secrets or other protected information and the identity of the submitting party would not be disclosed. This request need not be made with respect to information which was submitted to the Secretary, an SAA or a PIA prior to the effective date of these regulations.</P> <P>(d) <E T="03">Request for information from PIAs or SAAs.</E> Whenever a PIA or SAA receives requests for disclosure of information, it shall disclose the information unless the party from which the information was originally obtained <PRTPAGE P="210"/>has submitted to the PIA or SAA a request that the information not be disclosed under paragraph (c) of this section, except that the PIA or SAA shall be governed by the provisions of 24 CFR part 16 (40 FR 39729) relating to the Privacy Act which may limit the disclosure of information. If a request for nondisclosure under paragraph (c) of this section has been received with respect to information whose disclosure is requested, the PIA or SAA shall refer the matter to the Secretary within 5 days of the request for disclosure. If a PIA or SAA receives a request for disclosure of information related to this program, which information was submitted to the PIA or SAA prior to the effective date of these regulations, the PIA or SAA shall refer the request for nondisclosure and required information to the Secretary.</P> <CITA>[41 FR 19852, May 13, 1976, as amended at 61 FR 10860, Mar. 15, 1996]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Rules and Rulemaking Procedures</HD> <SECTION> <SECTNO>§ 3282.101</SECTNO> <SUBJECT>Generally.</SUBJECT> <P>Procedures that apply to the formulation, issuance, amendment, and revocation of rules pursuant to the Act are governed by the Act, the Administrative Procedure Act, 5 U.S.C. 551 <E T="03">et seq.</E>, and part 10 of this title, except that the Secretary shall respond to a petition for rulemaking by an interested party within 180 days of receipt of the petition.</P> <CITA>[61 FR 10860, Mar. 15, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.111</SECTNO> <SUBJECT>Petitions for reconsideration of final rules.</SUBJECT> <P>(a) <E T="03">Definition.</E> A petition for reconsideration of a final rule issued by the Secretary is a request in writing from any interested person which must be received not later than 60 days after publication of the rule in the <E T="04">Federal Register</E>. The petition shall state that it is a petition for reconsideration of a final rule, and shall contain an explanation as to why compliance with the rule is not practicable, is unreasonable, or is not in the public interest. If the petitioner requests the consideration of additional facts, the petitioner shall state the reason they were not presented to be treated as petitions for rulemaking.</P> <P>(b) <E T="03">Proceedings on petitions for reconsideration.</E> The Secretary may grant or deny, in whole or in part, any petition for reconsideration without further proceedings. The Secretary may issue a final decision on reconsideration without further proceeding, or may provide such opportunity to submit comments or information and data as the Secretary deems appropriate.</P> <P>(c) Unless the Secretary determines otherwise, the filing of a petition under this section does not stay the effectiveness of the rule in question.</P> <P>(d) Any party seeking to challenge any rule or regulation issued under the Act, except orders issued under section 604 42 U.S.C. 5403, if the challenge is brought before the expiration of the 60 day period set out in paragraph (a) of this section, shall file a timely petition for reconsideration under this section prior to seeking any other remedy.</P> </SECTION> <SECTION> <SECTNO>§ 3282.113</SECTNO> <SUBJECT>Interpretative bulletins.</SUBJECT> <P>When appropriate, the Secretary shall issue interpretative bulletins interpreting the standards under the authority of § 3280.9 of this chapter or interpreting the provisions of this part. Issuance of interpretative bulletins shall be treated as rulemaking under this subpart C unless the Secretary deems such treatment not to be in the public interest and the interpretation is not otherwise required to be treated as rulemaking. All interpretative bulletins shall be indexed and made available to the public at the Manufactured Housing Standards Division and a copy of the index shall be published periodically in the <E T="04">Federal Register</E>.</P> <CITA>[61 FR 10860, Mar. 15, 1996]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Informal and Formal Presentations of Views, Hearings and Investigations</HD> <SECTION> <SECTNO>§ 3282.151</SECTNO> <SUBJECT>Applicability and scope.</SUBJECT> <P>(a) This subpart sets out procedures to be followed when an opportunity to present views provided for in the Act is requested by an appropriate party. Section 3282.152 provides for two types of procedures that may be followed, one informal and nonadversary, and one <PRTPAGE P="211"/>more formal and adversary. Section 3282.152 also sets out criteria to govern which type of procedure will be followed in particular cases.</P> <P>(b) The procedures of § 3282.152 also apply to:</P> <P>(1) Proceedings held by the Secretary whenever the suspension or disqualification of a primary inspection agency, which has been granted final approval, is recommended under § 3282.356 of these regulations, and</P> <P>(2) Resolution of disputes where an SAA or manufacturer disagrees with a determination of a DAPIA under § 3282.361 that a manufactured home design does or does not conform to the standards or that a quality assurance manual is or is not adequate with a decision by an IPIA to red tag or not to red tag or to provide or not to provide a certification label for a manufactured home under § 3282.362 when the IPIA believes that the manufactured home does or does not conform to the standards.</P> <P>(c) The procedures set out in § 3282.152 shall also be followed whenever State Administrative Agencies hold Formal or Informal Presentations of Views under § 3282.309.</P> <P>(d) To the extent that these regulations provide for Formal or Informal Presentations of Views for parties that would otherwise qualify for hearings under 24 CFR part 24, the procedures of 24 CFR part 24 shall not be available and shall not apply.</P> <CITA>[41 FR 19852, May 13, 1976, as amended at 51 FR 34467, Sept. 29, 1986; 61 FR 10442, Mar. 13, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.152</SECTNO> <SUBJECT>Procedures to present views and evidence.</SUBJECT> <P>(a) <E T="03">Policy.</E> All Formal and Informal Presentations of Views under this subpart shall be public, unless, for good cause, the Secretary determines it is in the public interest that a particular proceeding should be closed. If the Secretary determines that a proceeding should be closed, the Secretary shall state and make publicly available the basis for that determination.</P> <P>(b) <E T="03">Request.</E> Upon receipt of a request to present views and evidence under the Act, the Secretary shall determine whether the proceeding will be a Formal or an Informal Presentation of Views, and shall issue a notice under paragraph (c) of this section.</P> <P>(c) <E T="03">Notice.</E> When the Secretary decides to conduct a Formal or an Informal Presentation of Views under this section, the Secretary shall provide notice as follows:</P> <P>(1) Except where the need for swift resolution of the question involved prohibits it, notice of a proceeding hereunder shall be published in the <E T="04">Federal Register</E> at least 10 days prior to the date of the proceeding. In any case, notice shall be provided to interested persons to the maximum extent practicable. Direct notice shall be sent by certified mail to the parties involved in the hearing.</P> <P>(2) The notice, whether published or mailed, shall include a statement of the time, place and nature of the proceeding; reference to the authority under which the proceeding will be held; a statement of the subject matter of the proceeding, the parties and issues involved; and a statement of the manner in which interested persons shall be afforded the opportunity to participate in the hearing.</P> <P>(3) The notice shall designate the official who shall be the presiding officer for the proceedings and to whom all inquiries should be directed concerning such proceedings.</P> <P>(4) The notice shall state whether the proceeding shall be held in accordance with the provisions of paragraph (f)—(Informal Presentation of Views) or paragraph (g)—(Formal Presentation of Views) of this section, except that when the Secretary makes the determinations provided for in sections 623 (d) and (f) of the Act, the requirements of paragraph (g) of this section shall apply. In determining whether the requirements of paragraph (f) or those of paragraph (g) of this section shall apply the Secretary shall consider the following:</P> <P>(i) The necessity for expeditious action;</P> <P>(ii) The risk of injury to affected members of the public;</P> <P>(iii) The economic consequences of the decisions to be rendered; and</P> <P>(iv) Such other factors as the Secretary determines are appropriate.</P> <P>(d) <E T="03">Department representative.</E> If the Department is to be represented by <PRTPAGE P="212"/>Counsel, such representation shall be by a Department hearing attorney designated by the General Counsel.</P> <P>(e) <E T="03">Reporting and transcription.</E> Oral proceedings shall be stenographically or mechanically reported and transcribed under the supervision of the presiding officer, unless the presiding officer and the parties otherwise agree, in which case a summary approved by the presiding officer shall be kept. The original transcript or summary shall be a part of the record and the sole official transcript, or summary. A copy of the transcript or summary shall be available to any person at a fee established by the Secretary, which fee the Secretary may waive in the public interest. Any information contained in the transcript or summary which would be exempt from required disclosure under § 3282.54 of these regulations may be protected from disclosure if appropriate under that section upon a request for such protection under § 3282.54(c).</P> <P>(f) <E T="03">Informal presentation of views.</E> (1) An Informal Presentation of Views may be written or oral, and may include an opportunity for an oral presentation, whether requested or not, whenever the Secretary concludes that an oral presentation would be in the public interest, and so states in the notice. A presiding officer shall preside over all oral presentations held under this subsection. The purpose of any such presentation shall be to gather information to allow fully informed decision making. Informal Presentations of Views shall not be adversary proceedings. Oral presentations shall be conducted in an informal but orderly manner. The presiding officer shall have the duty and authority to conduct a fair proceeding, to take all necessary action to avoid delay, and to maintain order. In the absence of extraordinary circumstances, the presiding officer at an oral Informal Presentation of Views shall not require that testimony be given under an oath or affirmation, and shall not permit either cross-examination of witnesses by other witnesses or their representatives, or the presentation of rebuttal testimony by persons who have already testified. The rules of evidence prevailing in courts of law or equity shall not control the conduct of oral Informal Presentations of Views.</P> <P>(2) Within 10 days after an Informal Presentation of Views, the presiding officer shall refer to the Secretary all documentary evidence submitted, the transcript, if any, a summary of the issues involved and information presented in the Informal Presentation of Views and the presiding official's recommendations, with the rationale therefor. The presiding officer shall make any appropriate statements concerning the apparent veracity of witnesses or the validity of factual assertions which may be within the competence of the presiding officer. The Secretary shall issue a Final Determination concerning the matters at issue within 30 days of receipt of the presiding officer's summary. The Final Determination shall include:</P> <P>(i) A statement of findings, with specific references to principal supporting items of evidence in the record and conclusions, as well as the reasons or bases therefor, upon all of the material issues of fact, law, or discretion as presented on the record, and</P> <P>(ii) An appropriate order. Notice of the Final Determination shall be given in writing and transmitted by certified mail, return receipt requested, to all participants in the presentation of views. The Final Determination shall be conclusive, with respect to persons whose interests were represented.</P> <P>(g) <E T="03">Formal presentation of views.</E> (1) A Formal Presentation of Views is an adversary proceeding and includes an opportunity for the oral presentation of evidence. All witnesses shall testify under oath or affirmation, which shall be administered by the presiding officer. Participants shall have the right to present such oral or documentary evidence and to conduct such cross-examination as the presiding officer determines is required for a full and true disclosure of facts. The presiding officer shall receive relevant and material evidence, rule upon offers of proof and exclude all irrelevant, immaterial or unduly repetitious evidence. However, the technicalities of the rules of evidence prevailing in courts of law or equity shall not control the conduct of a Formal Presentation of Views. The presiding officer shall take all necessary <PRTPAGE P="213"/>action to regulate the course of the Formal Presentation of Views to avoid delay and to maintain order. The presiding officer may exclude the attorney or witness from further participation in the particular Formal Presentation of Views and may render a decision adverse to the interests of the excluded party in his absence.</P> <P>(2) <E T="03">Decision.</E> The presiding officer shall make and file an initial written decision on the matter in question. The decision shall be filed within 10 days after completion of the oral presentation. The decision shall include:</P> <P>(i) A statement of findings of fact, with specific references to principal supporting items of evidence in the record and conclusions, as well as the reasons or bases therefor, upon all of the material issues of law or discretion presented on the record, and</P> <P>(ii) An appropriate order.</P> <FP>The presiding officer's decision shall be final and shall constitute the Final Determination of the Secretary unless reversed or modified within 30 days by the Secretary. Notice of the Final Determination shall be given in writing, and transmitted by registered or certified mail, return receipt requested, to all participants in the proceeding. The Final Determination shall be conclusive with respect to persons whose interests were represented.</FP> <CITA>[41 FR 19852, May 13, 1976, as amended at 51 FR 34467, Sept. 29, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.153</SECTNO> <SUBJECT>Public participation in formal or informal presentation of views.</SUBJECT> <P>(a) Any interested persons may participate, in writing, in any Formal or Informal Presentation of Views held under the provisions of paragraph (f) or (g) of § 3282.152. The presiding officer shall, to the extent practicable, consider any such written materials.</P> <P>(b) Any interested person may participate in the oral portion of any Formal or Informal Presentation of Views held under paragraphs (f) and (g) of § 3282.152 unless the presiding officer determines that participation should be limited or barred so as not unduly to prejudice the rights of the parties directly involved or unnecessarily to delay the proceedings.</P> <CITA>[51 FR 34468, Sept. 29, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.154</SECTNO> <SUBJECT>Petitions for formal or informal presentations of views, and requests for extraordinary interim relief.</SUBJECT> <P>Any person entitled to a Formal or an Informal Presentation of Views under paragraph (f) or paragraph (g) of § 3282.152 in order to address issues as provided for in § 3282.151(a) may petition the Secretary to initiate such a Presentation of Views. The petition may be accompanied by a request that the Secretary provide appropriate interim relief pending the issuance of the final determination or decision. No interim relief will be granted unless there is a showing of extraordinary cause. Upon receipt of a petition, the Secretary shall grant the petition and issue the notice provided for in § 3282.152(b) for Formal or Informal Presentation of Views, and may grant, deny or defer decision on any request for interim relief.</P> <CITA>[51 FR 34468, Sept. 29, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.155</SECTNO> <SUBJECT>Investigations.</SUBJECT> <P>The procedures for investigations and investigational proceedings are set forth in part 3800 of this chapter.</P> <CITA>[61 FR 10442, Mar. 13, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.156</SECTNO> <SUBJECT>Petitions for investigations.</SUBJECT> <P>(a) Any person may petition the Secretary in writing to open an investigation into whether noncompliances, defects, serious defects, or imminent safety hazards exist in manufactured homes. A petition shall include the reasons that the petitioner believes warrant an investigation, and it shall state any steps which have previously been taken to remedy the situation. The petition shall include all information known to the petitioner concerning the identity of manufactured homes which may be affected and where those manufactured homes were manufactured. The Secretary shall respond to petitions concerning alleged imminent safety hazards and serious defects within 60 days and to petitions alleging the existence of defects or noncompliances within 120 days.<PRTPAGE P="214"/> </P> <P>(b) Any person may petition the Secretary in writing to undertake an investigation for the purpose of determining whether a primary inspection agency should be disqualified. The petition shall set out all facts and information on which the petition is based and a detailed statement of why such information justifies disqualification. The Secretary shall consider such petitions when making determinations on final acceptance and continued acceptance. The Secretary shall respond to such petition within 120 days.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Manufacturer Inspection and Certification Requirements</HD> <SECTION> <SECTNO>§ 3282.201</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <P>(a) This subpart sets out requirements which must be met by manufacturers of manufactured homes for sale to purchasers in the United States with respect to certification of manufactured home designs, inspection of designs, quality assurance programs, and manufactured home production, and certification of manufactured homes. Other than references and a general description of responsibilities, this subpart does not set out requirements with respect to remedial actions or reports which must be taken or filed under the Act and these regulations.</P> <P>(b) The purpose of this subpart is to require manufaacturers to participate in a system of design approvals and inspections which serve to assist them in assuring that manufactured homes which they manufacture will conform to Federal standards. Such approvals and inspections provide significant protection to the public by decreasing the number of manufactured homes with possible defects in them, and provide protection to manufacturers by reducing the number of instances in which costly remedial actions must be undertaken after manufactured homes are sold.</P> </SECTION> <SECTION> <SECTNO>§ 3282.202</SECTNO> <SUBJECT>Primary inspection agency contracts.</SUBJECT> <P>Each manufacturer shall enter into a contract or other agreement with as many Design Inspection Primary Inspection Agencies (DAPIAs) as it wishes and with enough Production Inspection Primary Inspection Agencies (IPIAs) to provide IPIA services for each manufacturing plant as set out in this subpart and in subpart H of this part. In return for the services provided by the DAPIAs and IPIAs, each manufacturer shall pay such reasonable fees as are agreed upon between the manufacturer and the primary inspection agency or, in the case of a State acting as an exclusive IPIA under § 3282.3 such fees as may be established by the State.</P> </SECTION> <SECTION> <SECTNO>§ 3282.203</SECTNO> <SUBJECT>DAPIA services.</SUBJECT> <P>(a) Each manufacturer shall have each manufactured home design and each quality assurance manual which it intends to follow approved by a DAPIA under § 3282.361. The manufacturer is free to choose which DAPIA will evaluate and approve its designs and quality assurance materials manufacturer may obtain design and quality assurance manual approval from a single DAPIA regardless of the number of plants in which the design and quality assurance manual will be followed. A manufacturer may also obtain approval for the same design and quality assurance manual from more than one DAPIA. The choice of which DAPIA or DAPIAs to employ is left to the manufacturer.</P> <P>(b) The manufacturer shall submit to the DAPIA such information as the DAPIA may require in order to carry out design approvals. This information shall, except where the manufacturer demonstrates to the DAPIA that it is not necessary, include the following:</P> <P>(1) Construction drawings and/or specifications showing structural details and layouts of frames, floors, walls and roofs, and chassis; material specifications, framing details, door locations, etc., for each floor plan proposed to be manufactured,</P> <P>(2) Structural analysis and calculations, test data and/or other accepted engineering practices used by the manufacturer to validate the design,</P> <P>(3) Complete heat loss calculations for each significant variation of home design,</P> <P>(4) Floor plans showing room arrangement and sizes, window sizes, emergency exists and locations, locations of smoke alarms, fixed appliance <PRTPAGE P="215"/>range hoods, and other standards related aspects of the manufactured home that can be shown on the floor plans,</P> <P>(5) Diagrams of the fuel supply system, potable water system and drain, waste and vent systems. The diagrams shall specify the types of materials used, types of fittings and methods of installing required safety equipment,</P> <P>(6) Wiring diagrams, including circuit allocation of electrical load and branch circuit calculations, a table of the branch circuit protection provided, the type of wiring used, and wiring methods,</P> <P>(7) Details showing the design of air supply and return systems,</P> <P>(8) Details of chassis construction, components, connections and running gear including rating capacities of tires,</P> <P>(9) A list of fixed and portable appliances furnished with the manufactured home, including type of appliance, rating of appliance, and applicable minimum and maximum performance ratings and/or energy requirements,</P> <P>(10) Detailed manufacturer installation instructions including specifications and procedures for the erection and hook-up of the home at its permanent location, and</P> <P>(11) Reports of all tests that were run to validate the conformance of the design to the standards.</P> <P>(c) The manufacturer shall submit to the DAPIA such information as the DAPIA may require in order to carry out quality assurance manual approvals. At a minimum, this information shall include the quality assurance manual for which approval is sought. That manual shall include the manufacturer's quality assurance program, an organizational chart showing the accountability, by position, of the manufacturer's quality control personnel, a description of production tests and test equipment required for compliance with the standards, a station-by-station description of the manufacturing process, a list of quality control inspections required by the manufacturer at each station, and identification by title of each person who will be held accountable for each quality control inspection.</P> <P>(d) Manufacturers may be required to furnish supplementary information to the DAPIA if the design information or the quality assurance manual is not complete or if any information is not in accordance with accepted engineering practice.</P> <P>(e) When a manufacturer wishes to make a change in an approved design or quality assurance manual, the manufacturer shall obtain the approval of the DAPIA which approved the design or manual prior to production for sale. The procedures for obtaining such approval are set out in § 3282.361.</P> <P>(f) The information to be submitted to a DAPIA under § 3282.203 (b) and (c) may be prepared by the manufacturer's staff or outside consultants, including other DAPIAs. However, a DAPIA may not perform design or quality assurance manual approvals for any manufacturer whose design or manual has been created or prepared in whole or in part by members of the DAPIA's organization or of any affiliated organization.</P> <P>(g) Each manufacturer shall maintain a copy of the drawings, specifications, and sketches from each approved design received from a DAPIA under § 3282.361(b)(4) in each plant in which manufactured homes are being produced to the design. Each manufacturer shall also maintain in each manufacturing plant a copy of the approved quality assurance manual received from a DAPIA under § 3282.361(c)(3) that is being followed in the plant. These materials shall be kept current and shall be readily accessible for use by the Secretary or other parties acting under these regulations.</P> <CITA>[41 FR 19852, May 13, 1976, as amended at 67 FR 12818, Mar. 19, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.204</SECTNO> <SUBJECT>IPIA services.</SUBJECT> <P>(a) Each manufacturer shall obtain the services of an IPIA as set out in § 3282.362 for each manufacturing plant operated by the manufacturer.</P> <P>(b) The manufacturer shall make available to the IPIA operating in each of its plants a copy of the drawings and specifications from the DAPIA approved design and the quality assurance manual for that plant, and the IPIA shall perform an initial factory inspection as set out in § 3282.362(b). If <PRTPAGE P="216"/>the IPIA issues a deviation report after the initial factory inspection, the manufacturer shall make any corrections or adjustments which are necessary to conform with the DAPIA approved designs and manuals. After the corrections required by the deviation report are completed to the satisfaction of the IPIA, the IPIA shall issue the certification report as described in § 3282.362(b)(2). In certain instances a DAPIA may provide the certification report. (See § 3282.362) The manufacturer shall maintain a current copy of each certification report in the plant to which the certification report relates.</P> <P>(c) After the certification report has been signed by the IPIA, the manufacturer shall obtain labels from the IPIA and shall affix them to completed manufactured homes as set out in § 3282.362(c)(2). During the initial factory certification, the IPIA may apply labels to manufactured homes which it knows to be in compliance with the standards if it is performing complete inspections of all phases of production of each manufactured home and the manufacturer authorizes it to apply labels.</P> <P>(d) During the course of production the manufacturer shall maintain a complete set of approved drawings, specifications, and approved design changes for the use of the IPIA's inspector and always available to that inspector when in the manufacturing plant.</P> <P>(e) If, during the course of production, an IPIA finds that a failure to conform to a standard exists in a manufactured home in production, the manufacturer shall correct the failure to confirm in any manufactured homes still in the factory and held by distributors or dealers and shall carry out remedial actions under §§ 3282.404 and 3282.405 with respect to any other manufactured homes which may contain the same failure to conform.</P> </SECTION> <SECTION> <SECTNO>§ 3282.205</SECTNO> <SUBJECT>Certification requirements.</SUBJECT> <P>(a) Every manufacturer shall make a record of the serial number of each manufactured home produced, and a duly authorized representative of the manufacturer shall certify that each manufactured home has been constructed in accordance with the Federal standards. The manufacturer shall furnish a copy of that certification to the IPIA for the purpose of determining which manufactured homes are subject to the notification and correction requirements of subpart I of this part.</P> <P>(b) Every manufacturer of manufactured homes shall certify on the data plate as set out in § 3280.5 of chapter XX of 24 CFR and § 3282.362(c)(3) that the manufactured home is designed to comply with the Federal manufactured home construction and safety standards in force at the time of manufacture in addition to providing other information required to be completed on the data plate.</P> <P>(c) Every manufacturer of manufactured homes shall furnish to the dealer or distributor of each of its manufactured homes a certification that such manufactured home, to the best of the manufacturer's knowledge and belief, conforms to all applicable Federal construction and safety standards. This certification shall be in the form of the label provided by the IPIA under § 3282.362(c)(2). The label shall be affixed only at the end of the last stage of production of the manufactured home.</P> <P>(d) The manufacturer shall apply a label required or allowed by the regulations in this part only to a manufactured home that the manufacturer knows by its inspections to be in compliance with the standards.</P> <CITA>[41 FR 19852, May 13, 1976, as amended at 41 FR 24970, June 21, 1976; 61 FR 10860, Mar. 15, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.206</SECTNO> <SUBJECT>Disagreement with IPIA or DAPIA.</SUBJECT> <P>Whenever a manufacturer disagrees with a finding by a DAPIA or an IPIA acting in accordance with subpart H of this part, the manufacturer may request a Formal or Informal Presentation of Views as provided in § 3282.152. The manufacturer shall not, however, produce manufactured homes pursuant to designs which have not been approved by a DAPIA or produce manufactured homes which the relevant IPIA believes not to conform to the standards unless and until:<PRTPAGE P="217"/> </P> <P>(a) The Secretary determines that the manufacturer is correct in believing the design of the manufactured home conforms to the standards; or</P> <P>(b) Extraordinary interim relief is granted under § 3282.154; or</P> <P>(c) The DAPIA or IPIA otherwise resolves the disagreement.</P> <CITA>[41 FR 19852, May 13, 1976, as amended at 51 FR 34468, Sept. 29, 1986; 61 FR 10860, Mar. 15, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.207</SECTNO> <SUBJECT>Manufactured home consumer manual requirements.</SUBJECT> <P>(a) The manufacturer shall provide a consumer manual with each manufactured home that enters the first stage of production on or after July 31, 1977, pursuant to section 617 of the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5416.</P> <P>(b) The manufacturer shall provide the consumer manual by placing a manual in each such manufactured home before the manufactured home leaves the manufacturing plant. The manual shall be placed in a conspicuous location in a manner likely to assure that it is not removed until the purchaser removes it.</P> <P>(c) If a manufacturer is informed that a purchaser did not receive a consumer manual, the manufacturer shall provide the appropriate manual to the purchaser within 30 days of being so informed.</P> <P>(d) No dealer or distributor may interfere with the distribution of the consumer manual. When necessary, the dealer or distributor shall take any appropriate steps to assure that the purchaser receives a consumer manual from the manufacturer.</P> <P>(e) If a consumer manual or a change or revision to a manual does not substantially comply with the guidelines issued by HUD, the manufacturer shall cease distribution of the consumer manual and shall provide a corrected manual for each manufactured home for which the inadequate or incorrect manual or revision was provided. A manual substantially complies with the guidelines if it presents current material on each of the subjects covered in the guidelines in sufficient detail to inform consumers about the operation, maintenance, and repair of the manufactured home. An updated copy of guidelines published in the <E T="04">Federal Register</E> on March 15, 1996, can be obtained by contacting the Office of Manufactured Housing and Regulatory Functions, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC, 20410; the Information Center, Department of Housing and Urban Development, Room 1202, 451 Seventh Street, SW., Washington, DC, 20410; or any HUD Area or State Office.</P> <CITA>[61 FR 10860, Mar. 15, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.208</SECTNO> <SUBJECT>Remedial actions—general description.</SUBJECT> <P>(a) <E T="03">Notification.</E> A manufacturer may be required to provide formal notice to manufactured home owners and dealers, as set out in subpart I of this part, if the manufacturer, the Secretary, or a State Administrative Agency determines under that subpart that an imminent safety hazard, serious defect, defect, or noncompliance exists or may exist in a manufactured home produced by that manufacturer.</P> <P>(b) <E T="03">Correction.</E> A manufacturer may be required to correct imminent safety hazards and serious defects which the manufacturer or the Secretary determines under subpart I exist in manufactured homes produced by the manufacturer. This correction would be carried out in addition to the sending of formal notice as described in paragraph (a) of this section.</P> <P>(c) <E T="03">Cooperation.</E> The manufacturer shall be responsible for working with the DAPIA, IPIA, any SAA, the Secretary, and the Secretary's agent as necessary in the course of carrying out investigations and remedial actions under subpart I.</P> <P>(d) <E T="03">Avoidance of formalities.</E> The provisions for notification and required correction outlined in paragraphs (a) and (b) of this section and described more fully in subpart I may be waived or avoided in certain circumstances under that subpart.</P> </SECTION> <SECTION> <SECTNO>§ 3282.209</SECTNO> <SUBJECT>Report requirements.</SUBJECT> <P>The manufacturer shall submit reports to the PIAs, SAAs, and the Secretary as required by subpart L of these regulations.</P> </SECTION> <SECTION> <PRTPAGE P="218"/> <SECTNO>§ 3282.210</SECTNO> <SUBJECT>Payment of monitoring fee.</SUBJECT> <P>(a) Each manufacturer shall pay the monitoring fee established under §§ 3282.307 and 3282.454 for each transportable section of each manufactured housing unit that it manufactures under the Federal standards.</P> <P>(b) The monitoring fee shall be paid in the form of a check made payable to the Secretary or the Secretary's agent. The manufacturer shall give to the IPIA (or to any other person or agency designated in writing by the Secretary) the required check in the amount of the number of labels, as required by § 3282.365, multiplied by the amount of the fee per transportable section of each manufactured housing unit.</P> <CITA>[50 FR 28398, July 12, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.211</SECTNO> <SUBJECT>Record of purchasers.</SUBJECT> <P>(a) <E T="03">Information requirements for purchasers.</E> (1) Every manufacturer of manufactured homes shall, for each manufactured home manufactured under the Federal standards, provide with the manufactured home a booklet containing at least 3 detachable cards as described in paragraph (a)(2) of this section. On the front of the booklet, in bold faced type, shall be printed the following language: </P> <EXTRACT> <P>“Keep this booklet with your manufactured home. Title VI of the Housing and Community Development Act of 1974 provides you with protection against certain construction and safety hazards in your manufactured home. To help assure your protection, the manufacturer of your manufactured home needs the information which these cards, when completed and mailed, will supply. If you bought your home from a dealer, please be sure that your dealer has completed and mailed a card for you. If you acquired your home from someone who is not a dealer, you should promptly fill out and send a card to the manufacturer. It is important that you keep this booklet and give it to any person who buys the manufactured home from you.”</P> </EXTRACT> <P>(2) The detachable cards shall contain blanks for the following information:</P> <P>(i) Name and address of the dealer or other person selling the manufactured home to the purchaser;</P> <P>(ii) Name and complete mailing address of the manufactured home purchaser;</P> <P>(iii) Address where the manufactured home will be located, if not the same as item (a)(2)(ii) of this section.</P> <P>(iv) Date of sale to the purchaser;</P> <P>(v) Month, day and year of manufacture;</P> <P>(vi) Identification number of the manufactured home;</P> <P>(vii) Model and/or type designation of the manufactured home as provided by the manufacturer; and</P> <P>(viii) A designation of the zones for which the manufactured home is equipped, as set forth in § 3280.305 in this title.</P> <FP>Additionally, the cards shall have the name and address of the manufacturer printed clearly on the reverse side and shall contain adequate postage or business reply privileges to ensure return to the manufacturer. The manufacturer shall have the responsibility for filing in the blanks on the cards for paragraphs (a)(2) (v), (vi), (vii), and (viii) of this section.</FP> <P>(3) The manufacturer shall maintain all cards received so that the manufacturer has a readily accessible record of the current purchaser or owner and the current address of all manufactured homes manufactured by it for which a card has been received.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Dealer and Distributor Responsibilities</HD> <SECTION> <SECTNO>§ 3282.251</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <P>(a) This subpart sets out the responsibilities which shall be met by distributors and dealers with respect to manufactured homes manufactured after the effective date of the standards for sale to purchasers in the United States. It prohibits the sale, lease, or offer for sale or lease of manufactured homes known by the distributor or dealer not to be in conformance with the standards, and it includes responsibilities for maintaining certain records and assisting in the gathering of certain information.</P> <P>(b) The purpose of this subpart is to inform distributors and dealers when they may sell manufactured homes, when they are prohibited from selling manufactured homes, and what they may do in order to prepare a manufactured home for sale if it is not in conformance with the standards.<PRTPAGE P="219"/> </P> <P>(c) For purposes of this part, any manufacturer or distributor who sells, leases, or offers for sale or lease a manufactured home to a purchaser shall be a dealer for purposes of that transaction.</P> </SECTION> <SECTION> <SECTNO>§ 3282.252</SECTNO> <SUBJECT>Prohibition of sale.</SUBJECT> <P>(a) No distributor or dealer shall make use of any means of transportation affecting interstate or foreign commerce or the mails to sell, lease, or offer for sale or lease in the United States any manufactured home manufactured on or after the effective date of an applicable standard unless:</P> <P>(1) There is affixed to the manufactured home a label certifying that the manufactured home conforms to applicable standards as required by § 3282.205(c), and</P> <P>(2) The distributor or dealer, acting as a reasonable distributor or dealer, does not know that the manufactured home does not conform to any applicable standards.</P> <P>(b) This prohibition applies to any affected manufactured homes until the completion of the entire sales transaction. A sales transaction with a purchaser is considered completed when all the goods and services that the dealer agreed to provide at the time the contract was entered into have been provided. Completion of a retail sale will be at the time the dealer completes set-up of the manufactured home if the dealer has agreed to provide the set-up, or at the time the dealer delivers the home to a transporter, if the dealer has not agreed to transport or set up the manufactured home, or to the site if the dealer has not agreed to provide set-up.</P> <P>(c) This prohibition of sale does not apply to manufactured homes which are placed in production prior to the effective date of the standards, and it does not apply to “used” manufactured homes which are being sold or offered for sale after the first purchase in good faith for purposes other than the resale.</P> </SECTION> <SECTION> <SECTNO>§ 3282.253</SECTNO> <SUBJECT>Removal of prohibition of sale.</SUBJECT> <P>(a) If a distributor or dealer has a manufactured home in its possession or a manufactured home with respect to which the sales transaction has not been completed, and the distributor or dealer, acting as a reasonable distributor or dealer, knows as a result of notification by the manufacturer or otherwise that the manufactured home contains a failure to conform or imminent safety hazard, the distributor or dealer may seek the remedies available to him under § 3282.415.</P> <P>(b) When, in accordance with § 3282.415, a manufacturer corrects a failure to conform to the applicable standard or an imminent safety hazard, the distributor or dealer, acting as a reasonable distributor or dealer, may accept the remedies provided by the manufacturer as having corrected the failure to conform or imminent safety hazard. The distributor or dealer, therefore, may sell, lease, or offer for sale or lease any manufactured home so corrected by the manufacturer.</P> <P>(c) When a distributor or dealer is authorized by a manufacturer to correct a failure to conform to the applicable standard or an imminent safety hazard and completes the correction in accordance with the manufacturer's instructions, the distributor or dealer may sell, or lease or offer for sale or lease the manufactured home in question, provided that the distributor or dealer, acting as a reasonable distributor or dealer knows that the manufactured home conforms to the standards. A distributor or dealer and a manufacturer, at the manufacturer's option, may agree in advance that the distributor or dealer is authorized to make such corrections as the manufacturer believes are within the expertise of the dealer.</P> <P>(d) If the corrections made under paragraphs (b) and (c) of this section do not bring the manufactured home into conformance or correct the imminent safety hazard, the provisions of § 3282.415 will continue in effect prior to completion of the sales transaction.</P> </SECTION> <SECTION> <SECTNO>§ 3282.254</SECTNO> <SUBJECT>Distributor and dealer alterations.</SUBJECT> <P>(a) If a distributor or dealer alters a manufactured home in such a way as to create an imminent safety hazard or to create a condition which causes a failure to conform with applicable Federal <PRTPAGE P="220"/>standards, the manufactured home affected may not be sold, leased, or offered for sale or lease.</P> <P>(b) After correction by the distributor or dealer of the failure to conform or imminent safety hazard, the corrected manufactured home may be sold, leased, or offered for sale or lease.</P> <P>(c) Distributors and dealers shall maintain complete records of all alterations made under paragraphs (a) and (b) of this section.</P> </SECTION> <SECTION> <SECTNO>§ 3282.255</SECTNO> <SUBJECT>Completion of information card.</SUBJECT> <P>(a) Whenever a distributor or dealer sells a manufactured home subject to the standards to a purchaser, the distributor or dealer shall fill out the card with information provided by the purchaser and shall send the card to the manufacturer. (See § 3282.211.)</P> <P>(b) Whenever a distributor or dealer sells a manufactured home to an owner which was originally manufactured under the standards, the distributor or dealer shall similarly use one of the detachable cards which was originally provided with the manufactured home. If such a card is no longer available, the distributor or dealer shall obtain the information which the card would require and send it to the manufacturer of the manufactured home in an appropriate format.</P> </SECTION> <SECTION> <SECTNO>§ 3282.256</SECTNO> <SUBJECT>Distributor or dealer complaint handling.</SUBJECT> <P>(a) When a distributor or dealer believes that a manufactured home in its possession which it has not yet sold to a purchaser contains an imminent safety hazard, serious defect, defect, or noncompliance, the distributor or dealer shall refer the matter to the manufacturer for remedial action under § 3282.415. If the distributor or dealer is not satisfied with the action taken by the manufacturer, it may refer the matter to the SAA in the state in which the manufactured home is located, or to the Secretary if there is no such SAA.</P> <P>(b) Where a distributor or dealer receives a consumer complaint or other information concerning a manufactured home sold by the distributor or dealer, indicating the possible existence of an imminent safety hazard, serious defect, defect, or noncompliance in the manufactured home, the distributor or dealer shall refer the matter to the manufacturer.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—State Administrative Agencies</HD> <SECTION> <SECTNO>§ 3282.301</SECTNO> <SUBJECT>General—scope.</SUBJECT> <P>This subpart sets out procedures to be followed and requirements to be met by States which wish to participate as State Administrative Agencies (SAA) under the Federal standards enforcement program. Requirements relating to States which wish to participate as primary inspection agencies under the Federal standards enforcement program are set out in subpart H of this part. Requirements which States must meet in order to receive full or conditional approval as SAAs and the responsibilities of such agencies are set out in § 3282.302. Reporting requirements for approved and conditionally approved SAAs are set out in subpart L.</P> </SECTION> <SECTION> <SECTNO>§ 3282.302</SECTNO> <SUBJECT>State plan.</SUBJECT> <P>A State wishing to qualify and act as a SAA under this subpart shall make a State Plan Application under this section. The State Plan Application shall be made to the Director, Manufactured Housing Standards Division, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, and shall include:</P> <P>(a) An original and one copy of a cover sheet which shall show the following:</P> <P>(1) The name and address of the State agency designated as the sole agency responsible for administering the plan throughout the State,</P> <P>(2) The name of the administrator in charge of the agency,</P> <P>(3) The name, title, address, and phone number of the person responsible for handling consumer complaints concerning standards related problems in manufactured homes under subpart I of this part,</P> <P>(4) A list of personnel who will carry out the State plan,</P> <P>(5) The number of manufactured home manufacturing plants presently operating in the State,<PRTPAGE P="221"/> </P> <P>(6) The estimated total number of manufactured homes manufactured in the State per year,</P> <P>(7) The estimated total number of manufactured homes set up in the State per year, and</P> <P>(8) A certification signed by the administrator in charge of the designated State agency stating that, if it is approved by the Secretary, the State plan will be carried out in full, and that the regulations issued under the Act shall be followed,</P> <P>(b) An original and one copy of appropriate materials which:</P> <P>(1) Demonstrate how the designated State agency shall ensure effective handling of consumer complaints and other information referred to it that relate to noncompliances, defects, serious defects or imminent safety hazards as set out in subpart I of this part, including the holding of Formal and Informal Presentations of Views and the fulfilling of all other responsibilities of SAAs as set out in this subpart G,</P> <P>(2) Provide that personnel of the designated agency shall, under State law or as agents of HUD, have the right at any reasonable time to enter and inspect all factories, warehouses, or establishments in the State in which manufactured homes are manufactured,</P> <P>(3) Provide for the imposition under State authority of civil and criminal penalties which are identical to those set out in section 611 of the Act, 42 U.S.C. 5410 except that civil penalties shall be payable to the State rather than to the United States,</P> <P>(4) Provide for the notification and correction procedures under subpart I of this part where the State Administrative Agency is to act under that subpart by providing for and requiring approval by the State Administrative Agency of the plan for notification and correction described in § 3282.410, including approval of the number of units that may be affected and the proposed repairs, and by providing for approval of corrective actions where appropriate under subpart I,</P> <P>(5) Provide for oversight by the SAA of:</P> <P>(i) Remedial actions carried out by manufacturers for which the SAA approved the plan for notification or correction under § 3282.405, or § 3282.407, or for which the SAA has waived formal notification under § 3282.405 or § 3282.407, and</P> <P>(ii) A manufacturer's handling of consumer complaints and other information under § 3282.404 as to plants located within the State,</P> <P>(6) Provide for the setting of monitoring inspection fees in accordance with guidelines established by the Secretary and provide for participation in the fee distribution system set out in § 3282.307.</P> <P>(7) Contain satisfactory assurances in whatever form is appropriate under State law that the designated agency has or will have the legal authority necessary to carry out the State plan as submitted for full or conditional approval,</P> <P>(8) Contain satisfactory assurances that the designated agency has or will have, in its own staff or provided by other agencies of the state or otherwise, the personnel, qualified by education or experience necessary to carry out the State plan,</P> <P>(9) Include the resumes of administrative personnel in policy making positions and of all inspectors and engineers to be utilized by the designated agency in carrying out the State plan,</P> <P>(10) Include a certification that none of the personnel who may be involved in carrying out the State plan in any way are subject to any conflict of interest of the type discussed in § 3282.359 or otherwise, except that members of councils, committees, or similar bodies providing advice to the designated agency are not subject to the requirement,</P> <P>(11) Include an estimate of the cost to the State of carrying out all activities called for in the State plan, under this section and § 3282.303, which estimate shall be broken down by particular function and indicate the correlation between the estimate and the number of manufactured homes manufactured in the State and the number of manufactured homes imported into the State, and the relationship of these factors to any fees currently charged and any fees charged during the preceding two calendar years. A description of all current and past State activities with respect to manufactured <PRTPAGE P="222"/>homes shall be included with this estimate.</P> <P>(12) Give satisfactory assurances that the State shall devote adequate funds to carrying out its State plan,</P> <P>(13) Indicate that State Law requires manufacturers, distributors, and dealers in the State to make reports pursuant to section 614 of the Act 42 U.S.C. 5413 and this chapter of these regulations in the same manner and to the same extent as if the State plan were not in effect,</P> <P>(14) Provide that the designated agency shall make reports to the Secretary as required by subpart L of this part in such form and containing such information as the Secretary shall from time to time require,</P> <P>(c) A state plan may be granted conditional approval if all of the requirements of § 3282.302 (a) and (b) are met except paragraphs (b)(2), (b)(3), (b)(6) or (b)(13). When conditional approval is given, the state shall not be considered approved under section 623 of the Act, 42 U.S.C. 5422, but it will participate in all phases of the program as called for in its State plan. Conditional approval shall last for a maximum of five years, by which time all requirements shall be met for full approval, or conditional approval shall lapse. However, the Secretary may for good cause grant an extension of conditional approval upon petition by the SAA.</P> <P>(d) If a State wishes to discontinue participation in the Federal enforcement program as an SAA, it shall provide the Secretary with a minimum of 90 days notice.</P> <P>(e) <E T="03">Exclusive IPIA status.</E> (1) A State that wishes to act as an exclusive IPIA under § 3282.352 shall so indicate in its State Plan and shall include in the information provided under paragraph (b)(11) of this section the fee schedule for the State's activities as an IPIA and the relationship between the proposed fees and the other information provided under paragraph (b)(11) of this section. If the Secretary determines that the fees to be charged by a State acting as an IPIA are unreasonable, the Secretary shall not grant the State status as an exclusive IPIA.</P> <P>(2) The State shall also demonstrate in its State Plan that it has the present capability to act as an IPIA for all plants operating in the State.</P> <CITA>[41 FR 19852, May 13, 1976, as amended at 47 FR 5888, Feb. 9, 1982; 51 FR 34468, Sept. 29, 1986; 61 FR 10860, Mar. 15, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 3282.303</SECTNO> <SUBJECT>State plan—suggested provisions.</SUBJECT> <P>The following are not required to be included in the State plan, but they are urged as necessary to provide full consumer protection and assurances of manufactured home safety:</P> <P>(a) Provision for monitoring of dealers' lots within the State for transit damage, seal tampering, and dealer performance generally,</P> <P>(b) Provision of approvals of all alterations made to certified manufactured homes by dealer in the State. Under this program, the State would assure that alterations did not result in the failure of the manufactured home to comply with the standards.</P> <P>(c) Provision for monitoring of the installation of manufactured homes set up in the State to assure that the homes are properly installed and, where necessary, tied down,</P> <P>(d) Provision for inspection of used manufactured homes and requirements under State authority that used manufactured homes meet a minimal level of safety and durability at the time of sale, and,</P> <P>(e) Provision for regulation of manufactured home transportation over the road to the extent that such regulation is not preempted by Federal authority.</P> </SECTION> <SECTION> <SECTNO>§ 3282.304</SECTNO> <SUBJECT>Inadequate State plan.</SUBJECT> <P>If the Secretary determines that a State plan submitted under this subpart is not adequate, the designated State agency shall be informed of the additions and corrections required for approval. A revised State plan shall be submitted within 30 days of receipt of such determination. If the revised State plan is inadequate or if the State fails to resubmit within the 30 day period or otherwise indicates that it does not intend to change its State plan as submitted, the Secretary shall notify the designated State agency that the State plan is not approved and that it has a right to a hearing on the disapproval in accordance with subpart D of this part.</P> </SECTION> <SECTION> <PRTPAGE P="223"/> <SECTNO>§ 3282.305</SECTNO> <SUBJECT>State plan approval.</SUBJECT> <P>The Secretary's approval or conditional approval of a State plan Application shall qualify that State to perform the functions for which it has been approved.</P> </SECTION> <SECTION> <SECTNO>§ 3282.306</SECTNO> <SUBJECT>Withdrawal of State approval.</SUBJECT> <P>The Secretary shall, on the basis of reports submitted by the State, and on the basis of HUD