Manufactured Home Construction and Safety Standards, 39871-39891 [2010-16724]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Proposed Rules]
[Pages 39871-39891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16724]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3280

[Docket No. FR-5221-P-01]
RIN 2502-AI71


Manufactured Home Construction and Safety Standards

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would amend the Federal Manufactured Home 
Construction and Safety Standards by adopting certain recommendations 
made to HUD by the Manufactured Housing Consensus Committee (MHCC). The 
National Manufactured Housing Construction and Safety Standards Act of 
1974 (the Act) requires HUD to publish in the Federal Register all 
proposed revised construction and safety standards (Construction and 
Safety Standards, or Standards) submitted by the MHCC. The MHCC has 
prepared and submitted to HUD its second group of recommendations to 
improve various aspects of the Construction and Safety Standards. HUD 
has reviewed those proposals and has made several editorial revisions 
to the proposals, and those revisions have been reviewed and accepted 
by the MHCC.

DATES: Comment Due Date: September 13, 2010.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule to the Regulations Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
10276, Washington, DC 20410-0500. Communications must refer to the 
above docket number and title. There are two methods for submitting 
public comments. All submissions must refer to the above docket number 
and title.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street, SW., Room 10276, 
Washington, DC 20410-0001.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.

    Note: To receive consideration as public comments, comments must 
be submitted through one of the two methods specified above. Again, 
all submissions must refer to the docket number and title of the 
rule.

    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling the Regulations Division at 202-708-3055 (this is 
not a toll-free number). Individuals with speech or hearing impairments 
may access this number through TTY by calling the Federal Information 
Relay Service at 800-877-8339. Copies of all comments submitted are 
available for inspection and downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Regulatory Affairs and 
Manufactured Housing, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 9164, Washington, DC 
20410; telephone number 202-708-6401 (this is not a toll-free number). 
Persons with hearing or speech impairments may access this number 
through TTY by calling the toll-free Federal Information Relay Service 
at 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401-5426) (the Act) authorizes HUD to establish 
and amend the Federal Manufactured Home Construction and Safety 
Standards (the Construction and Safety Standards, or Standards) 
codified in 24 CFR part 3280. The Act was amended in 2000 by the 
Manufactured Housing Improvement Act of 2000 (Pub. L. 106-569), by 
expanding its purposes and creating the Manufactured Housing Consensus 
Committee (MHCC).
    As amended, the purposes of the Act (enumerated at 42 U.S.C. 5401) 
are: ``(1) to protect the quality, durability, safety, and 
affordability of manufactured homes; (2) to facilitate the availability 
of affordable manufactured homes and to increase homeownership for all 
Americans; (3) to provide for the establishment of practical, uniform, 
and, to the extent possible, performance-based Federal construction 
standards for manufactured homes; (4) to encourage innovative and cost-
effective construction techniques for manufactured homes; (5) to 
protect residents of manufactured homes with respect to personal 
injuries and the amount of insurance costs and property damages in 
manufactured housing consistent with the other purposes of this 
section; (6) to establish a balanced consensus process for the 
development, revision, and interpretation of Federal construction and 
safety standards for manufactured homes and related regulations for the 
enforcement of such standards; (7) to ensure uniform and effective 
enforcement of Federal construction and safety standards for 
manufactured homes; and (8) to ensure that the public interest in, and 
need for, affordable manufactured housing is duly considered in all 
determinations relating to the Federal standards and their 
enforcement.''
    In addition, the amended Act generally requires HUD to establish 
Construction and Safety Standards that are reasonable and practical, 
meet high standards of protection, are performance-based, and are 
objectively stated. Congress specifically established the MHCC to 
develop proposed revisions to the Construction and Safety Standards. 
The Act provides specific procedures (42 U.S.C. 5403) for the MHCC 
process.

[[Page 39872]]

    After the passage of amendments to the Act in 2000, HUD, in 
accordance with the mandate of the Act, issued a request for proposals 
to interested organizations to be the ``Administering Organization'' 
that would serve as secretariat to the MHCC and therefore support the 
Construction and Safety Standards development process. After evaluating 
the bids received, HUD selected the National Fire Protection 
Association (NFPA) to be the MHCC's Administering Organization. 
Thereafter, NFPA assisted HUD in selecting the 21 voting members 
provided for by statute for appointment to the MHCC, seven in each of 
the following three statutory categories: Producers, Users, and General 
Interest and Public Officials. The Act also provides for one nonvoting 
member to represent HUD.
    The MHCC held its first meeting in August 2002 and began work on 
reviewing possible revisions to the Construction and Safety Standards. 
The MHCC developed its own priorities for preparing proposed revisions 
for HUD to consider. As the MHCC proceeded, proposed revisions to the 
Construction and Safety Standards were divided into sets. On November 
30, 2005, at 70 FR 72024, HUD published a final rule to amend various 
sections of the Construction and Safety Standards that was based on the 
first set of revisions the MHCC had proposed. This proposed rule is 
based on the second set of MHCC proposals to revise the Construction 
and Safety Standards. The MHCC proposals and recommendations can be 
viewed using the following link: https://www.nfpa.org/assets/files/PDF/CodesStandards/MHCCHUD/MHCCPart2ChangesShown1105.pdf.
    HUD has reviewed those proposals and has made certain editorial 
revisions. HUD believes this proposed rule represents revisions that 
HUD and the MHCC have agreed upon.

II. Proposed Changes

    The proposed rule would revise the following sections of the 
Construction and Safety Standards and also revise the incorporated 
reference standards, where indicated. Most of the proposed changes 
would codify existing building practices or conform HUD standards to 
HUD interpretive bulletins or existing building codes. As noted 
elsewhere in this preamble, HUD has identified only two standards in 
this proposed rule that would have an economic impact on the production 
costs of manufactured homes: The requirement that shower and bath 
valves use anti-scald mixing valves, and the increase in minimum 
insulation levels for cross-under ducts. HUD is requesting comment, 
however, on whether any of the other proposed changes would have an 
economic impact or impose additional costs on the production of 
manufactured housing and specifically seeks comments on the analysis 
supporting this proposed rule and on the assumptions used.
    The following is a discussion of the specific revisions to the 
Construction and Safety Standards that are proposed by this rule.

A. Incorporation by Reference

    The proposed rule would amend Sec.  3280.4, by allowing the 
manufacturer to select which reference standard to incorporate into its 
designs and construction, where two or more reference standards are 
incorporated by reference for the same application or requirement. The 
existing practice is that if more than one reference standard exists, 
manufacturers must comply with the most restrictive aspects of each 
standard in their designs and construction. While this change reflects 
a relaxation of current requirements, by providing manufacturers with 
more flexibility in selecting materials, components, etc., to utilize 
in their production of homes, it is not actually a significant change. 
Currently, the areas in which there are duplicate reference standards 
are very few and, for those that do exist, HUD believes the degree of 
differences in performance and safety between the reference standards 
(i.e., the restrictive and less restrictive) are not significant. 
However, the Department is specifically interested in receiving 
comments from the public as to whether the use of any of the duplicate 
reference standards for materials or equipment would result in reduced 
safety or performance levels for manufactured home occupants.

B. Planning Considerations

    The proposed rule would amend Sec.  3280.105(a)(2), by clarifying 
the method to be used when measuring the travel distance from the 
bedroom door to an exit door, a distance that must not exceed 35 feet. 
The proposed rule would clarify how the natural and unobstructed path 
is to be measured from the center of the bedroom door to the center of 
the exit door. Currently, there is no standardized method for making 
the travel distance measurement identified in the Standards. This 
proposed change would codify the method that is currently being used by 
manufacturers to make the 35-foot measurement to determine compliance 
with the Standards.
    The proposed rule would also amend the provisions for exit 
facilities/exit doors in Sec.  3280.105(b), by permitting door seals to 
reduce the minimum required exterior door opening by one inch. This 
proposed change would not change current construction requirements for 
exterior passage doors. Rather, it would codify an existing practice 
that has been previously permitted under Interpretative Bulletin B-1-
76.
    The proposed rule would make editorial revisions and amend the 
provisions for toilet requirements in Sec.  3280.111, by adding an 
additional minimum clearance dimension from the centerline of a toilet 
to any adjacent wall of at least 15 inches. This proposed revision is 
consistent with current design practice in manufactured homes and is 
consistent with the requirements in residential building codes as well.
    The proposed rule would modify and expand current Sec.  3280.113, 
that sets requirements as to where safety glazing materials are to be 
located and how they are to be tested to determine if they can be 
considered safety glazing materials. The rule would also make the 
existing requirements for location and testing of safety glazing 
materials consistent with other model building codes and residential 
construction practices. Under the proposed revisions, safety glazing 
materials would be considered to be any glazing material capable of 
meeting the requirements of the Consumer Product Safety Commission 
(CPSC) or the Safety Performance Specifications and Methods of Test in 
ANSI Z97.1-1984.

C. Fire Safety

    The proposed rule would add an alternative means of complying with 
the kitchen cabinet protection requirements in Sec.  3280.204, by 
allowing the metal hood, \5/16\-inch gypsum board, and \3/8\-inch air 
space required by this section to be omitted when a microwave oven 
certified as conforming to Underwriters Laboratories Standard UL 923-
2002 is installed between the cabinet and the range. Since the 
microwave oven would protect only combustible kitchen cabinet materials 
over the cooking range, all exposed surfaces along the bottom and sides 
of the cabinet would still be required to be protected by at least \5/
16\-inch gypsum board or the equivalent, in accordance with paragraph 
(a) of this section.
    The proposed rule would also add and expand upon fire safety and 
performance requirements for all types of thermal insulating materials 
under proposed new section Sec.  3280.207, Requirements for Thermal 
Insulating Materials. This is consistent with the requirements for 
evaluation of fire performance characteristics of

[[Page 39873]]

insulating materials used in residential building codes. HUD's existing 
regulation requires evaluation of fire performance characteristics of 
foam plastic insulating materials. Because thermal insulation materials 
used in manufactured homes are the same type of insulation materials 
used in residential building codes, they would already comply with the 
fire resistive properties being recommended by this proposed rule.

D. Body and Frame Requirements

    The proposed rule would amend Sec.  3280.305(c)(1)(i) by clarifying 
that the net uplift roof load must not be reduced by the dead load of 
the roof structure for the purposes of preparing engineering 
calculations or in performing structural load testing. This proposed 
change for roof uplift design would make no change to current 
engineering design practices. Rather, it would merely codify the 
current practices permitted under Interpretative Bulletin D-4-76.
    The proposed rule would make editorial revisions and also clarify 
existing provisions in Sec.  3280.305(c) that address areas where state 
or local building codes requirements exceed the provisions for design 
roof loads and wind loads required by the Standards. For consideration 
of state or local requirements for wind loads, the proposed rule would 
clarify that wind mapping data or records would need to indicate that 
higher design loads are necessary. The proposed rule would also change 
the title of each section to Consideration of Local Requirements.
    The proposed rule would modify the existing requirements for 
control of formaldehyde emissions in Sec.  3280.308, by lowering the 
maximum emission levels (as measured in the air chamber test specified 
in Sec.  3280.406) for particleboard materials used in flooring 
applications from 0.3 parts per million (ppm) to 0.2 ppm; by limiting 
formaldehyde emissions from other uses of particleboard materials to 
0.3 ppm; and by adding new formaldehyde emission controls for medium 
density fiberboard materials (MDF) of 0.3 ppm. These changes 
recommended by the MHCC, which are available on-line at 
www.regulations.gov, would be consistent with formaldehyde emission 
requirements in prior voluntary consensus standards for particleboard 
(ANSI-A208.1-1999) and MDF (ANSI A208.2-2004) and would require no 
change in existing technology for either product to achieve the 
proposed reduced formaldehyde levels or to meet the new requirements. 
However, the current national voluntary consensus standards for 
particleboard (ANSI A-208.1-2009) and MDF (ANSI A-208.2-2009) further 
reduces formaldehyde emission limits from those levels being proposed 
by HUD and were recently revised to harmonize with the formaldehyde 
emission standards established by the California Air Resource Board's 
Airborne Toxic Control Measure (CARB ACTM). The CARB ATCM standard for 
formaldehyde emissions for particleboard is 0.18ppm, but will become 
0.09ppm on January 1, 2011. The CARB ATCM standard for MDF is currently 
0.21ppm, but will become 0.11ppm for regular MDF on January 1, 2011, 
and 0.13ppm for thin MDF on January 1, 2012. The Environmental 
Protection Agency (EPA) is also currently investigating formaldehyde 
emissions from pressed wood products, including particleboard and MDF. 
Under a petition filed under the Toxic Substances Control Act,\1\ EPA 
is being asked to extend the CARB ACTM formaldehyde emission limits 
nationally and to apply those limits to manufactured housing.\2\ HUD is 
seeking comments from the public on whether the CARB ACTM and voluntary 
consensus standards limits for formaldehyde emissions from 
particleboard and MDF products should be the subject of future 
rulemaking.
---------------------------------------------------------------------------

    \1\ See, Formaldehyde Emissions from Composite Wood Products; 
Disposition of TSCA Section 21 Petition, 73 FR 36504 (June 27, 
2008).
    \2\ See, Formaldehyde Emissions from Pressed Wood Products, 
Advance Notice of Proposed Rulemaking and Notice of Public Meetings, 
73 FR 73620 (December 3, 2008).
---------------------------------------------------------------------------

E. Testing

    A conforming amendment would be made to Sec.  3280.403, for the 
testing of skylights consistent with the revisions to Sec.  
3280.305(c)(3)(iv) of the Construction and Safety Standards published 
in the Federal Register on November 30, 2005. The conforming amendment 
provides for skylights to be certified as complying with the AAMA/WDMA 
Voluntary Specifications for Skylights.
    Section 3280.404(c)(2) of the proposed rule would prohibit any 
window that requires the removal of a sash to meet the egress size 
provisions of the Manufactured Home Construction and Safety Standards 
from being classified as an egress window. This proposed change would 
enhance egress and occupant safety in the event of an emergency.

F. Subpart F

    The proposed rule would add new section Sec.  3280.504(c) to allow 
the use of liquid-applied vapor retarders, so long as a nationally 
recognized testing agency has approved its use on the specific 
substrate to which it is to be applied. This addition would codify the 
current practice of accepting liquid-applied vapor retarders as an 
alternative to other conventional vapor retarder materials required by 
this section.
    Section 3280.506(c) would be revised to clarify that interior-
mounted storm window frames must be sealed in Thermal Uo Value Zone 3. 
This would reduce air infiltration and heat loss for interior-mounted-
type storm windows and improve overall energy efficiency for 
manufactured homes designed to be located in the most restrictive 
climatic regions of the country.
    Section 3280.509(c) would be amended by replacing the graph for 
determining the effective R values of compressed insulation with a 
table that allows for more precisely determining the effects on R 
values of non-uniform and uniform insulation compression for batt and 
blown insulation. This proposal would provide a more accurate method 
for determining effective R value requirements when insulation is 
compressed or used in sloping roof cavities and would result in more 
accurate projections of heat loss and heat gain for manufactured homes 
than would be determined by the current graphical method.
    The proposed rule would amend Sec.  3280.510(c), by eliminating the 
requirement to determine and report the optimal outdoor winter 
certification temperature for operating economy and energy conservation 
on the heating certificate. The requirement is being eliminated because 
this information has been found to be too technical and is not a basis 
often relied upon by consumers in determining sites for installing 
their homes.
    However, in view of the renewed interest in improving energy 
conservation, HUD is requesting comments from the public regarding any 
other information that could be provided on the heating certificate 
that could be more useful to consumers in this regard. In addition, the 
information on the comfort cooling certificates required by this 
section would be amended to refer to the 1997 edition of the ASHRAE 
Handbook of Fundamentals.

G. Plumbing Systems

    The proposed rule would make a conforming amendment to Sec.  
3280.603(a)(2) on water conservation to limit each water closet to 1.6 
gallons of water per flush. Section 3280.607(b)(2)(iii) was amended in 
the final rule published in the Federal Register on November 30, 2005, 
by

[[Page 39874]]

requiring all water closets to be low consumption (1.6 gallons per 
flush) closets. This conforming amendment would conserve water and help 
assure the continued availability of adequate water supplies, as well 
as reduce wastewater flows.
    The proposed rule would amend Sec.  3280.603(b)(4), by adding a 
requirement that the installation instructions required by Sec.  
3280.306(b)(4) include a statement that any heat tape or pipe heating 
cable used be listed for use in manufactured homes. The proposed rule 
would further amend this section with regard to the requirements for 
the receptacle outlet for connection of the heat tape or pipe heating 
cable to conform with the amended provisions of Sec.  3280.806(d).
    The proposed rule would amend the table in 3280.604(b)(2), by 
incorporating standards for the installation of cross-linked 
polyethylene (PEX) plastic cold and hot water systems. This proposal 
would permit the use of PEX plastic piping as an alternate piping 
material to other materials that may currently be used to supply hot 
and cold water systems.
    A new provision would be added in Sec.  3280.607(b)(v) to require 
that shower, bath, and tub-shower combination valves be either balanced 
pressure, thermostatic, or a combination of mixing valves that conforms 
to the requirements of ASSE 1016-1996, Performance Requirements for 
Individual Thermostatic Pressure-Balancing and Combination Control for 
Bathing Facilities. These valves would be required to have handle 
position stops that are adjustable to a maximum setting of 120 [deg]F 
to prevent scalding and burn injuries to occupants from very hot water. 
This proposed change would reduce the number of injuries and deaths 
resulting from tap water scald burns. Further, the Centers for Disease 
Control (CDC) and other organizations report that a majority of scald 
burn victims are young children whose injuries may have been prevented 
by the use of an anti-scald valve.\3\ In addition, this proposed change 
would be consistent with International Residential Code requirements 
for Single and Two Family Dwellings.
---------------------------------------------------------------------------

    \3\ Centers for Disease Control and Prevention and U.S. 
Department of Housing and Urban Development. Healthy Housing 
Reference Manual, Atlanta: U.S. Department of Health and Human 
Services, 2006.
---------------------------------------------------------------------------

    The proposed rule would amend Sec.  3280.607(b)(5)(ii) for the 
standpipe height required for laundry tubs from 30 inches to 42 inches 
above its trap and would require the standpipe to terminate in an 
accessible location no lower than the top of the clothes washing 
machine. This increase in standpipe height would be consistent with the 
International Residential Code requirements for Single and Two Family 
Dwellings and would prevent backflow and improve operation of clothes 
washers installed in manufactured homes.
    The proposed rule would amend Sec.  3280.609(a)(2), by allowing a 
two or three compartment sink, up to three individual sinks or up to 
three lavatories to be connected to one ``P'' trap, to be considered as 
a single fixture for the purposes of drainage and ventilation under 
certain circumstances. This proposal would allow more fixtures to be 
connected to one ``P'' trap than is currently permitted by the 
Standards and would be consistent with other residential model plumbing 
codes for similar three fixture configurations.
    The proposed rule would amend Sec.  3280.610(e), by permitting 
fixture drains that serve only a single lavatory fixture to be 1\1/4\ 
inches in diameter. This proposed reduction in drain size for a single 
lavatory is not significant and would provide adequate drainage flow 
and venting for individual lavatory fixtures.
    The proposed rule would amend the existing requirements for anti-
siphon trap vent devices in Sec.  3280.611(d), by redefining these 
devices as mechanical vents (see Sec.  3280.602) and by expanding the 
requirements to also include gravity-operated mechanical vents (also 
known as air admittance valves). This proposal would allow 
manufacturers to use either type of mechanical vent (anti-siphon vent 
or air admittance valve) for venting of certain plumbing fixtures. The 
current standard allows the use of anti-siphon type vents only. In 
addition, paragraph (f) of this section would be expanded to permit 
vent terminals either through wall extensions or into mechanical vent 
devices.

H. Heating, Cooling, and Fuel Burning Systems

    The proposed rule would amend Sec.  3280.705(b), by allowing the 
use of corrugated stainless steel tubing (CSST) systems for use in gas 
piping systems. The inclusion of CSST piping as a permissible alternate 
gas piping/tubing material is currently permitted to be used in all 
other residential construction as a gas piping system by the model 
codes and state and local building codes. The proposed rule would 
require that CSST gas piping be installed in accordance with the 
requirements of ANSI/IAS LC-1-1997, Gas Piping Systems Using Corrugated 
Stainless Steel Tubing. In addition, a table for sizing CSST systems 
would be added in Sec.  3280.705(d). Paragraph (h) of this section 
would also be amended by permitting CSST to be run inside walls, 
floors, partitions, and roofs under specified conditions.
    Sections 3280.707(a) and (d) and 3280.714(a) would amend the energy 
efficiency and energy conservation requirements for comfort heating 
systems, water heaters, and cooling appliances so that they comply with 
the provisions of the National Appliance Energy Conservation Act of 
1987, the current applicable requirements for these appliances.
    Section 3280.715 would be amended by eliminating the use of Class 2 
ducts and by deleting their definition from Sec.  3280.703; by 
requiring manufacturers instructions to indicate that crossover ducts 
are not to be in contact with the ground and must be properly 
supported; and by requiring air supply crossover ducts in all Thermal 
Zones to have a minimal thermal resistance of R-8, unless installed in 
a basement. The proposed change to eliminate the use of Class 2 air 
handling ducts is consistent with the requirements of the International 
Residential Code for One and Two Family Dwellings, and would improve 
the fire safety and performance of air handling ducts by requiring the 
use of Class 0 or 1 ducts, which are more fire resistive than Class 2 
ducts. In addition, HUD believes that Class 2 ducts are no longer being 
used in the production of manufactured homes. The proposal to increase 
the thermal resistance for crossover ducts would reduce heat loss and 
improve the energy efficiency of crossover ducts between sections of 
multi-section manufactured homes.

I. Electrical Systems

    The proposed rule would amend Sec.  3280.803 by indicating that a 1 
\1/4\-inch maximum continuous raceway is to be used when installing a 
power supply cord within the wall from the bottom of the distribution 
panel to the underside of the floor. This proposed change and 
clarification is consistent with the current requirements of the 
National Electrical Code (NEC), NFPA 70-2005, which is currently 
incorporated by reference in the Manufactured Home Construction and 
Safety Standards. In addition, the requirements for installing service 
equipment in or on the home would be revised in paragraph (k)(3) of 
this section by referencing the appropriate articles of the NEC, NFPA 
70-2005.
    Section 3280.804(f) would be amended to require the distribution 
panelboard to be located in an

[[Page 39875]]

accessible location and not located in a bathroom or clothes closet. 
This revision is consistent with requirements for acceptable locations 
for electrical distribution panels in residential model codes and the 
NEC.
    The proposed rule would amend Sec.  3280.805, by requiring all 
countertop outlets in the kitchen to be supplied by not less than two 
of the small appliance branch circuits. However, one or more of the 
small appliance branch circuits may also supply other receptacle 
outlets in the kitchen, pantry, dining room, and breakfast room. In 
addition, the proposed rule would amend paragraph (a)(3)(vi) of this 
section, by requiring that bathroom receptacle outlets be supplied by 
at least one 20 ampere branch circuit. While such circuits can have no 
other outlets, it is permissible to place the outlet for a heat tape or 
pipe heating cable on a bathroom circuit, provided that all of the 
bathroom outlets are on the load side of the ground fault circuit 
interrupter. These proposed changes would be consistent with the 
requirements in residential model codes and the NEC.
    Section 3280.806(d) would be amended by not including receptacle 
outlets in the floor that are 18 inches or more from the wall as part 
of the required receptacle outlets for the room; by permitting the heat 
tape or pipe heating cable outlet to be on the bathroom circuit, 
provided that all bathroom outlets are on the load side of the ground 
fault circuit interrupter; and by requiring receptacles in any 
countertop to not be in a face-up position. These proposed changes 
would be consistent with the requirements in residential model codes 
and the NEC.

J. Revisions to Standards Incorporated by Reference (Reference 
Standards)

    The following is a list of the standards incorporated by reference 
that would be revised by this proposed rule. Each reference standard is 
preceded with an indicator to identify the type of change being made. A 
new reference standard being added is indicated by the designation 
``N,'' while a reference standard being updated is indicated by the 
designation ``U.'' The sections of the Construction and Safety 
Standards that would be amended by each modification are also shown on 
the right of each reference standard being added or updated.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
N--AAMA/WDMA 1600 I.S.7.....................         2000  Voluntary Specifications for              3280.403(b)
                                                            Skylights.
U--ANSI Z21.23..............................         1993  Gas Appliance Thermostats..........          3280.703
N--ANSI A208.2..............................         1999  Medium Density Fiberboard..........       3280.304(b)
N--ANSI/IAS LC-1............................         1997  Gas Piping Systems Using Corrugated       3280.705(b)
                                                            Stainless Steel Tubing.
U--APA S 812R...............................         1998  Design and Fabrication of Glued           3280.304(b)
                                                            Plywood Lumber Beams PDS
                                                            supplement 2.
U--APA U 814 H..............................         1993  Design and Fabrication of Plywood         3280.304(b)
                                                            Sandwiched Panels.
U--APA U 813 L..............................         1996  Design and Fabrication of Plywood         3280.304(b)
                                                            Stressed Skin Panels, PDS
                                                            supplement 3.
N--APA......................................         2001  Engineered Wood Construction Guide.       3280.304(b)
N--ASSE 1016................................         1996  Performance Requirements for              3280.607(b)
                                                            Individual Thermostatic Pressure
                                                            Balancing and Combination Control
                                                            for Bathing Facilities.
U--ASTM C564................................         1997  Standard Specification for Rubber         3280.611(d)
                                                            Gaskets for Cast Iron Soil Pipe
                                                            and Fittings.
U--ASTM C920................................         2002  Standard Specification for                3280.611(d)
                                                            Elastomeric Joint Sealants.
U--ASTM D3953...............................         1997  Standard Specification for               3280.306(b),
                                                            Strapping, Flat Steel, and Seals.       3280.306(g).
U--ASTM D4635...............................         2001  Standard Specification for                3280.611(d)
                                                            Polyethylene Films Made From Low-
                                                            density Polyethylene for General
                                                            Use and Packaging Applications.
N--ASTM F876................................         1993  Standard Specification for                3280.604(b)
                                                            Crosslinked Polyethylene (PEX)
                                                            Tubing.
N--ASTM F877................................         1995  Standard Specification for                3280.604(b)
                                                            Crosslinked Polyethylene (PEX)
                                                            Plastic Hot- and Cold-Water
                                                            Distribution Systems.
U--NFPA 31..................................         2001  Standard for the Installation of             3280.703
                                                            Oil Burning Equipment.
N--NFPA 253.................................         2000  Standard Method of Test for               3280.207(c)
                                                            Critical Radiant Flux of Floor
                                                            Covering Systems Using a Radiant
                                                            Heat Source.
U--PS 2-04..................................         2005  Voluntary Product Standard                3280.304(b)
                                                            Performance Standard for Wood-
                                                            Based Structural-Use Panels.
RADCO DS-010................................         1991  Decorative Gas Appliances for                3280.703
                                                            Installation in Solid Fuel Burning
                                                            Appliances.
U--UL 181...................................         1998  Factory Made Air Ducts and Air               3280.703
                                                            Connectors.                              3280.715(a)
----------------------------------------------------------------------------------------------------------------

K. Accessibility Requirements for Persons With Disabilities

    In some situations, manufactured housing units which are subject to 
HUD's Manufactured Home Construction and Safety Standards may be 
provided through a program or activity that receives federal financial 
assistance from HUD. When this is the case, Section 504 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and HUD's 
implementing regulations at 24 CFR part 8 would be applicable, 
including the requirements at 24 CFR 8.22 that address accessibility in 
new construction. However, these requirements are not applicable to any 
individual or buyer that obtains Federal Housing Administration 
financing when purchasing a manufactured housing unit. When working 
with a recipient of HUD funds, manufacturers must be prepared to 
produce manufactured housing units that meet the accessibility 
standards provided in 24 CFR part 8. There regulations currently 
incorporate

[[Page 39876]]

the Uniform Federal Accessibility Standards (UFAS) (see 24 CFR 8.32).

III. Findings and Certifications

Regulatory Planning and Review

    The Office of Management and Budget (OMB) reviewed this rule under 
Executive Order 12866, Regulatory Planning and Review. This rule has 
been determined to be a ``significant regulatory action,'' as defined 
in section 3(f) of the Order (although not an economically significant 
regulatory action, as provided under section 3(f)(1) of the Order).
    As the preamble highlights, this rule proposes to amend several 
construction and safety standards under the National Manufactured 
Housing and Construction and Safety Standards Act of 1974. However, 
most of the proposed changes would codify existing practices or conform 
HUD standards to existing building codes. Only two standards included 
in this rule would have an impact on the production cost of 
manufactured homes: the requirement that shower and bath valves use 
anti-scald mixing valves, and the increase in minimum insulation levels 
for cross-under ducts.
    Currently, producers of manufactured housing may use non-pressure 
balanced mixing valves in bathtubs and showers. The cost of non-
pressure balanced mixing value generally totals $30 per valve. If this 
proposed requirement is adopted in the final rule, the per-unit cost to 
producers to purchase pressure balanced/anti-scald mixing valve would 
be $55, or an increase of $25 per valve. The average number of mixing 
valves is one per single-section home and two per multi-section home. 
Thus, the cost is $25 per single-section home and $50 per multi-section 
home.
    The number of placements annually since 1999 and the projected 
annualized aggregate placements from January 2009 through August 2009 
have decreased considerably. This trend continues through the latest 
data, which indicates that the annual rate of placements through August 
2009 was 58,100. Of these, 20,900 were single-section homes, 36,000 
were double- section homes, and the remaining 1,200 had more than two 
sections. Although this trend is expected to continue, so that annual 
placements continue to decrease, this analysis assumes annual 
production of 58,100. In addition, this analysis assumes that the cost 
of requiring the use of an anti-scald valve at the point of production 
of the home is less than installation at some later time. This 
assumption is based on the fact that replacing a mixing valve with an 
anti-scald valve at some later date would require the use of a licensed 
plumber for several hours to make the change and a higher cost to 
purchase the anti-scald valve(s) due to the volume purchasing power of 
manufacturers as compared to individual purchasers.
    Accordingly, based on current annual placement rates, the total 
cost of the anti-scald valve requirement is $523,000 ($25 per home * 
20,900 single-section homes). For multi-section homes, the total cost 
is $1.86 million ($50 per home * 37,000 multi-section homes). The 
combined cost totals $2.383 million.
    The second cost comes from the increase in the minimum insulation 
levels for cross-under ducts. These ducts are used in multi-section 
homes to carry heat from one section to another. Thus, there is no cost 
increase for single-section homes. The cost per square foot of 
insulation for multi-section homes would increase from $1.25 per square 
foot of R-4 insulated cross-under duct to $3.50 per square foot of R-8 
insulated cross-under duct, or $2.25 per square foot. On average there 
are 20 square feet of insulation needed per multi-section home. Thus, 
the total cost of increasing the minimum insulation level is $2.615 
million ($2.25 per square foot * 20 square feet per home * 58,100 
homes).
    In estimating the benefits of these two requirements, HUD has 
considered that requiring anti-scald valves would reduce the number of 
injuries and deaths resulting from tap water scald burns. Although 
statistics specific to scald burns in manufactured homes are 
unavailable, according to Safe Kids, a nonprofit organization dedicated 
to preventing accidental childhood injury, hot tap water accounts for 
nearly 25 percent of all scald burns among children and is associated 
with more deaths and hospitalizations than any other hot liquid burns. 
Statistics reported by the CDC indicate that almost 3,000 people are 
hospitalized annually due to scald burns from tap water in the home.\4\ 
The Safe Kids organization, however, reports that in 2002, 22,600 
children received emergency room treatments for scald burns,\5\ 
approximately 25 percent (5,560) coming from hot tap water. This 
analysis uses the CDC estimate of 3,000, which is a conservative 
estimate that represents the lower bound of scald injuries prevented.
---------------------------------------------------------------------------

    \4\ Centers for Disease Control and Prevention and U.S. 
Department of Housing and Urban Development. Healthy Housing 
Reference Manual. Atlanta: U.S. Department of Health and Human 
Services, 2006.
    \5\ Safe Kids Web site: https://www.usa.safekids.org/tier3_cd.cfm?folder_id=540&content_item_id=1011.
---------------------------------------------------------------------------

    The Safe Kids organization estimates that hospital costs for 
admitted scald burn patients average $22,700.\6\ Although this estimate 
includes only children under the age of 14, this group comprises a 
large percentage of scald burn injuries. Finally, based on the number 
of occupied housing units in the 2007 American Housing Survey (AHS),\7\ 
newly placed manufactured housing accounts for 0.05% of occupied 
housing units. If tap water scalds are evenly distributed across all 
housing units,\8\ then 1.5 burns (3,000 total scald burns * 0.05% in 
newly-placed manufactured housing) could be prevented annually for 
annual savings of $35,744 (3,000 burn victims * 0.05% in manufactured 
homes * $22,700 in hospital costs).\9\ OMB Circular A-94, which 
provides guidance on economic analyses required under Executive Order 
12866, requires the present discounted value of annual benefits using 
alternative discount rates 3 percent and 7 percent. The discounted 
present value of savings from the use of anti-scald valves totals 
$1.227 million using the 3 percent rate and $0.546 million using the 7 
percent rate. Note that using the Safe Kids estimate of 5,560 would 
increase these amounts to almost 3 scald burns and $66,246 in hospital 
care avoided annually. The discounted present value of savings assuming 
the higher estimate of burns totals $2.274 million using the 3 percent 
discount rate and $1.013 million using the 7 percent discount rate.
---------------------------------------------------------------------------

    \6\ National SAFE KIDS Campaign (NSKC). Burn Injury Fact Sheet. 
Washington (DC): NSKC, 2004.
    \7\ See 2007 AHS, Table 2-1.
    \8\ If state and local codes that regulate traditional ``stick-
built'' housing predominantly require anti-scald valves, then this 
distribution may not be even across housing types. For this reason, 
manufactured homes may account for a larger than proportionate share 
of scald burns.
    \9\ Anti-scald valves decrease the maximum water temperature to 
120 degrees. At this temperature, it would take 8 minutes of 
exposure to receive second-degree burns and 10 minutes for third-
degree burns. While this does not completely eliminate the risk of 
scald burns, this risk does not need to be completely eliminated for 
benefits to be realized.
---------------------------------------------------------------------------

    In addition to prevented injuries and hospitalizations, the anti-
scald valve requirement will also reduce the number of deaths resulting 
from scald burns. Aside from the 3,000 to 5,560 scald burns occurring 
each year, the National Coalition to Prevent Childhood Injury estimates 
that approximately 100 deaths result from scald burns annually. As 
explained above, newly placed manufactured housing represents 0.05 
percent of occupied housing units. Thus, if tap water scalds are evenly

[[Page 39877]]

distributed across all housing units, then 0.05 burns annually, or one 
death every 20 years, would be prevented. Government estimates of the 
value of a human life range from $5 million used by the Consumer 
Product Safety Commission to $7.22 million used by the Environmental 
Protection Agency (EPA). Using the lower estimate of $5 million, the 
discounted present value of prevented deaths from the use of anti-scald 
valves totals $9.010 million using the 3 percent rate and $4.012 
million using the 7 percent rate.
    The insulation requirement will increase the energy efficiency of 
manufactured homes, which will decrease annual energy costs for 
homeowners. Based on estimates from the Department of Energy's Energy 
Gauge model, owners of multi-section homes, to which this requirement 
applies, would save approximately $3 in energy costs annually. Thus, 
the total annual benefit of this provision is $111,600 ($3 per home * 
37,200 homes). Calculating the present value of the stream of benefits 
into the future yields a discounted present value of $3.832 million in 
energy savings using the 3 percent discount rate and $1.706 million 
using the 7 percent discount rate.
    A summary of HUD's calculation of benefits from the anti-scald 
valve and insulation requirements follows:
BILLING CODE 4210-67-P

[[Page 39878]]

[GRAPHIC] [TIFF OMITTED] TP13JY10.001

BILLING CODE 4210-67-C

[[Page 39879]]

    In summary, this proposed rule would impose costs equaling $4.057 
million and create discounted present value of benefits totaling $6.264 
million to $14.069 million, depending on the discount rate. Thus, the 
total impact of this rule, the sum of the total costs and benefits, 
equals between $10.321 million and $18.126 million annually. 
Consequently, the rule was determined not economically significant 
within the meaning of the Executive Order.
    The docket file is available for public inspection in the 
Regulations Division, Office of General Counsel, Department of Housing 
and Urban Development, 451 7th Street, SW., Washington, DC 20410-0500. 
Due to security measures at the HUD Headquarters building, an advance 
appointment to review the public comments must be scheduled by calling 
the Regulations Division at 202-402-3055 (this is not a toll-free 
number). Individuals with speech or hearing impairments may access this 
number through TTY by calling the Federal Information Relay Service at 
800-877-8339.

Paperwork Reduction Act

    The proposed modified information collection requirements contained 
in this proposed rule, at Sec. Sec.  3280.510, 3280.511, 3280.804, and 
3280.813, have been submitted to the Office of Management and Budget 
(OMB) for review under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520). In accordance with the Paperwork Reduction Act of 1995, an 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information, unless the collection displays 
a currently valid OMB control number. OMB has issued HUD the control 
number 2502-0253 for the information collection requirements under the 
current Manufactured Housing Construction and Safety Standards Program.
    The public reporting burden for this modified collection of 
information is estimated to include the time for reviewing the 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. These proposed modifications to the existing 
heating and cooling certificates and two labels would result in no 
additional burden hours for completing the information collection 
currently accepted under control number 2502-0253.
    In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments 
from members of the public and affected agencies concerning the 
proposed collection of information to:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    Interested persons are invited to submit comments regarding the 
information collection requirements in this proposal. Comments must 
refer to the proposal by name and docket number (FR-5221-P-01) and must 
be sent to:

HUD Desk Officer, Office of Management and Budget, New Executive Office 
Building, Washington, DC 20503; and
Reports Liaison Officer, Office of the Assistant Secretary for 
Housing--Federal Housing Commissioner, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 9116, Washington, DC 20410-8000.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 establishes 
requirements for federal agencies to assess the effects of their 
regulatory actions on state, local, and tribal governments and the 
private sector. This rule will not impose any federal mandates on any 
state, local, or tribal government or the private sector within the 
meaning of the Unfunded Mandates Reform Act of 1995.

Environmental Review

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50, 
which implement section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant 
Impact is available for public inspection between the hours of 8 a.m. 
and 5 p.m. weekdays in the Regulations Division, Office of General 
Counsel, Department of Housing and Urban Development, 451 7th Street, 
SW., Room 10276, Washington, DC 20410-0500. Due to security measures at 
the HUD Headquarters building, please schedule an appointment to review 
the finding by calling the Regulations Division at 202-402-3055 (this 
is not a toll-free number). Individuals with speech or hearing 
impairments may access this number through TTY by calling the Federal 
Information Relay Service at 800-877-8339.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule would not have 
a significant economic impact on a substantial number of small 
entities. This rule would regulate establishments primarily engaged in 
making manufactured homes (NAICS 32991). The Small Business 
Administration's size standards define an establishment primarily 
engaged in making manufactured homes as small if it does not exceed 500 
employees. Of the 222 firms included under this NAICS definition, 198 
are small manufacturers that fall below the small business threshold of 
500 employees. The proposed rule will apply to all of the 
manufacturers. The rule would thus affect a substantial number of small 
entities, but would not have a significant economic impact on these 
small entities.
    Based on an analysis of the costs and the fact that a small 
manufacturer would just as likely produce homes at the higher end of 
the cost spectrum as would a major producer, evaluating the effect of 
the increase is not discernible based on the size of the manufacturing 
operation. For the reasons stated below, HUD knows of no instance of a 
manufacturer with fewer than 500 employees that would be economically 
affected significantly by this rule. As the preamble discusses, the 
overwhelming majority of the revisions to the Construction and Safety 
Standards proposed by this rule are directed to relieving burden on all 
manufacturers by having the Standards be consistent with current design 
and construction standards or state and local codes. Reducing the 
differences between the federal standards for design and construction 
of manufactured homes with current industry standards reduces burden 
for all manufacturers.
    As discussed under the ``Regulatory Planning and Review'' section 
of this preamble, the annual economic impact of this rule is not 
significant, since the changes made by this rule are largely changes 
conforming to current industry practices and current building codes.

[[Page 39880]]

This assessment shows that this does not represent a significant 
economic effect on either an industry-wide or per-unit basis.
    The relatively small increase in cost for the manufacturer 
associated with this proposed rule would not impose a significant 
burden on a small business for manufacturing homes that can cost the 
purchaser between $40,000 and $100,000. Therefore, although this rule 
would affect a substantial number of small entities, it would not have 
a significant economic impact on them. Therefore, the undersigned 
certifies that this rule will not have a significant impact on a 
substantial number of small entities.
    Notwithstanding HUD's view that this rule will not have a 
significant economic effect on a substantial number of small entities, 
HUD specifically invites comments regarding this certification and any 
less burdensome alternatives to this rule that will meet HUD's 
objectives, as described in this preamble.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either: (i) Imposes substantial direct compliance costs on state and 
local governments and is not required by statute, or (2) preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Order. This proposed rule does not have federalism 
implications, within the meaning of the Executive Orders, and would not 
impose substantial direct compliance costs on state and local 
governments nor preempt state law within the meaning of the Order.

IV. Incorporation by Reference

    Before HUD issues a final rule, these reference standards will be 
approved by the Director of the Federal Register for incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
of these standards may be obtained from the following organizations:

AAMA--American Architectural Manufacturers Association, 1540 East 
Sundee Road, Palatine, Illinois 60067. https://www.aamanet.org.
ANSI--American National Standards Institute, 11 West 42nd Street, New 
York, New York 10036, (212) 642-4900, fax number (212) 398-0023, https://www.ansi.org.
APA--The Engineered Wood Association, 7011 South 19th Street, Tacoma, 
Washington 98411, (253) 565-6600, fax number (253) 565-7265, https://www.apawood.org.
ASSE--American Society of Sanitary Engineering, PO Box 40362, Bay 
Village, Ohio 44140, (216) 835-3040, fax number (216) 835-3488, https://www.asse-plumbing.org.
ASTM--American Society for Testing and Materials, 100 Barr Harbor 
Drive, West Conshohocken, Pennsylvania 19428, (610) 832-9500, fax 
number (610) 832-9555, https://www.astm.org.
CSA (IAS)--CSA International (formerly International Approval 
Services), 8501 East Pleasant Valley Road, Cleveland, Ohio 44131, (216) 
524-4990, fax number (216) 642-3463, https://www.csa-international.org.
NFPA--National Fire Protection Association, Batterymarch Park, Quincy, 
Massachusetts 02269, (617) 770-3000, fax number (617) 770-0700, https://www.nfpa.org.
PS--National Institute of Standards and Technology, Voluntary Product 
Standards, Gaithersburg, Maryland 20810, (301) 975-2000, fax number 
(301) 926-1559, https://www.nist.gov.
RADCO--Resources, Applications, Designs, & Controls, Inc., 3220 East 
59th Street, Long Beach, California 90805, https://www.radcoinc.com.
UL--Underwriters Laboratories, 333 Pfingsten Road, Northbrook, Illinois 
60062, (847) 272-8800, fax number (847) 509-6257, https://www.ul.com.
WDMA--Window & Door Manufacturers Association, 1400 East Touhy Avenue, 
Des Plaines, Illinois 60018, (847) 299-5200, fax number (847) 299-1286, 
https://www.wdma.com.

List of Subjects in 24 CFR Part 3280

    Housing standards, Manufactured homes.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for Manufactured 
Housing Construction and Safety Standards is 14.171.
    Accordingly, for the reasons stated in the preamble, HUD proposes 
to amend 24 CFR part 3280 as follows:

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

    1. The authority citation for part 3280 continues to read as 
follows:

    Authority:  42 U.S.C. 3535(d), 5403, and 5424.

    2. In Sec.  3280.4, revise paragraph (a) and add a reference to 
RADCO in alphabetical order under paragraph (b) to read as follows:


Sec.  3280.4  Incorporation by reference.

    (a) The specifications, standards, and codes of the following 
organizations are incorporated by reference. Reference standards have 
the same force and effect as the standards in this part. Where two or 
more referenced standards are equivalent in application, the 
manufacturer has the option to incorporate into the manufactured home 
design and construction the referenced standard of its choosing. When 
reference standards and the standards in this part are inconsistent, 
however, the requirements of this part must prevail to the extent of 
the inconsistency.
    (b) * * *
RADCO--Resources, Applications, Designs, & Controls, 3220 East 59th 
Street, Long Beach, California 90805.
* * * * *
    3. In Sec.  3280.105, revise paragraphs (a)(2)(iv) and (b)(2) to 
read as follows:


Sec.  3280.105  Exit facilities; exterior doors.

    (a) * * *
    (2) * * *
    (iv) One of the required exit doors must be accessible from the 
doorway of each bedroom without traveling more than 35 feet. The travel 
distance to the exit door must be measured on the floor or other 
walking surface along the center-line of the natural and unobstructed 
path of travel starting at the center of the bedroom door, curving 
around any corners or permanent obstructions with a one foot clearance 
from, and ending at, the center of the exit door.
    (b) * * *
    (2) All exterior swinging doors must provide a minimum 28-inch wide 
x 74-inch high clear opening. Door seals are permitted to reduce the 
opening, either vertically or horizontally, a maximum of one inch. All 
exterior sliding glass doors must provide a minimum 28-inch wide x 72-
inch high clear opening.
* * * * *
    4. Revise Sec.  3280.111 to read as follows:


Sec.  3280.111  Toilet compartments.

    Each toilet compartment must have a minimum width of 30 inches, 
with a minimum clear space of 21 inches in front of each toilet. A 
toilet located adjacent to a wall must have the center-line of the 
toilet located a minimum of 15 inches from the wall. A toilet located 
adjacent to a tub must have the center-line of the toilet located a 
minimum of 12 inches from the outside edge of the tub.
    5. Amend Sec.  3280.113 by revising paragraph (b) and adding new 
paragraphs (c) and (d) to read as follows:

[[Page 39881]]

Sec.  3280.113  Glass and glazed openings.

* * * * *
    (b) Hazardous locations requiring safety glazing. Except as 
provided in paragraph (d) of this section, the following locations and 
areas require the use of safety glazing conforming to the requirements 
of paragraph (c) of this section:
    (1) Glazing in all entrance or exit doors;
    (2) Glazing in fixed and sliding panels of sliding glass doors;
    (3) Glazing in storm type doors;
    (4) Glazing in unframed side-hinged swinging doors;
    (5) Glazing in doors and fixed panels less than 60 inches above the 
room floor level that enclose bathtubs, showers, hydromassage tubs, hot 
tubs, whirlpools, saunas;
    (6) Glazing within 12 inches horizontally, as measured from the 
edge of the door in the closed position, and 60 inches vertically as 
measured from the room floor level, adjacent to and in the same plane 
of a door;
    (7) Glazing within 36 inches of an interior room walking surface 
when the glazing meets all of the following:
    (i) Individual glazed panels exceed 9 square feet in area in an 
exposed surface area;
    (ii) The bottom edge of the exposed glazing is less than 19 inches 
above the room floor level; and
    (iii) The top edge of the exposed glazing is greater than 36 inches 
above the room floor level.
    (8) Glazing in rails and guardrails; and
    (9) Glazing in unbacked mirrored wardrobe doors (i.e., mirrors that 
are not secured to a backing that is capable of being the door itself).
    (c) Safety glazing material is considered to be any glazing 
material capable of meeting the requirements of CPSC 16 CFR part 1201, 
or the Safety Performance Specifications and Methods of Test for Safety 
Glazing Materials Used in Buildings, ANSI Z97.1-1984.
    (d) Glazing in the following locations is not required to meet the 
requirements in paragraph (b) of this section:
    (1) Openings in doors through which a 3-inch sphere is unable to 
pass;
    (2) Leaded and decorative glazed panels;
    (3) Glazing in jalousie type doors;
    (4) Glazing as described in paragraph (b)(6) of this section when 
an intervening wall or other permanent barrier exists between the door 
and the glazing;
    (5) Glazing as described in paragraph (b)(7) of this section when a 
protective bar or member is installed horizontally between 34 inches 
and 38 inches above the room floor level, as long as the bar or member 
is a minimum of 1\1/2\ inches in height and capable of resisting a 
horizontal load of 50 pounds per lineal foot; and
    (6) Mirrors mounted on a flush door surface or solid wall surface.
    6. In Sec.  3280.204, revise paragraph (c) to read as follows:


Sec.  3280.204  Kitchen cabinet protection.

* * * * *
    (c) Alternative compliance. When all exposed surfaces along the 
bottoms and sides of combustible kitchen cabinets are protected as 
described in paragraph (a) of this section, the metal hood, the \5/16\-
inch thick gypsum board or equivalent material, and the \3/8\-inch 
airspace required by paragraph (a) of this section can be omitted, 
provided that:
    (1) A microwave oven is installed between the cabinet and th