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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations
3280.2 and 3285.5 further adds to the confusion indicating that it includes such items when they are designed for attachment and structural support from the manufactured home.
HUD Response: HUDs standards developed and implemented through this rulemaking are not intended to apply to the design and construction of site-built structures, including add-ons in other words, the site-built garage, or the site-built carport. However, the standards and regulations established through this rulemaking do apply to the design and construction of the manufactured home, when the home is designed to have an attached accessory structure, such as the garage, carport, or similar add-on. The requirements established are to ensure that the manufactured home will continue to comply with the Construction and Safety Standards and that the residents health and safety will be protected through means such as adequate structural load design and minimum fire separation and other requirements when applicable. The design, construction, and inspection of the attached accessory structure site-built garage, site-built carport, or other site-built add-on remains subject to any applicable state and or local requirements.

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Subpart A, General 3280.2 Definitions One commenter opposed the definition change to attached accessory building or structure, while another commenter supported the proposed changes. Some commenters stated that proposed definition of Attached accessory building or structure fails to include stairs, which are needed for entry in almost every manufactured home.
One commenter further stated that the proposed rule would require that the basic manufactured home be designed for the attachment of these structures.
This does not address the need for the manufacturers to modify their installation instructions to reflect the added weight and wind load that added structures would impose on the homes foundation.
Another commenter stated that the definition appears to open the flood gates for other additions to a manufactured home which can affect egress requirements as well as alter the electric, heating, plumbing and other systems. The commenter provided examples; awnings, porches, and ramadas typically are identified as a covered area projecting in front of an entrance, while cabanas are defined as a cabin, hut, or shelter, and garages are
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defined as a building for housing a motor vehicle. The commenter stated that these are totally separate structures which affect the home differently and can create safety hazards. The commenter suggested that the proposal should be rewritten, and garages should be addressed separately.
A commenter stated that the term basic manufactured home is not defined and pre-supposing that there is such a thing as a non-basic manufactured home. If this is the case, HUD should clearly indicate what they mean by these terms and how the construction and safety standards would apply. The commenter contended that regardless of HUDs differentiation in this case, the manufactured housing Construction and Safety standards should be applied consistently and any manufactured home, whether deemed basic or non-basic be clearly marketed as a manufactured home to avoid customer confusion and an expectation of the product being received.
HUD Response: HUD disagreed with commenters stating that HUD should establish requirements for stairs external to the manufactured home, which are needed for entry in most manufactured homes. HUDs established standards only govern the design and construction of the manufactured home, including all provisions addressed by this rulemaking. Requirements for external stairs that are necessary to provide entry to the homes remain subject to design and construction requirements of state and local jurisdictions as they are not intended to increase the living or storage area of the manufactured home and are dependent upon the siting and installation of each individual home which may vary by model, lot size, topography, and other aspects.
HUD agreed with the commenter stating that the proposed rule would require that the manufactured home be designed for the attachment of these site-built structures. However, HUD
disagreed that the manufacturer would not be required to provide installation instructions that reflect the added weight and wind load that an added structure would impose on the homes foundation. HUDs standards, set forth at 3285.903, require accessory structures to be structurally independent unless the attached accessory building or structure is otherwise included in the installation instructions or designed by a registered professional engineer or registered architect. Further, the changes to the Data Plate specifically identify when the home is designed for an attached accessory structure, and if so, the loads
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the home has been designed to accommodate see 3280.5.
HUD disagreed with the comment suggesting that the definition of accessory building or structure is too broad. The Construction and Safety standards address the design and construction of the manufactured home and do not address the design, construction, placement, or other standards for the design and construction of the accessory structures. Further, state and local authorities may verify that a home has been designed for an attached accessory structure by verifying such information available on the Data Plate. HUD agreed with the commenter that the term basic manufactured home is not defined;
therefore, basic has been removed.
3280.5 Data Plate One commenter opposed the proposed rules changes to the Data Plate language and another commenter supported the proposed changes. Some commenters agreed, however, that certain modifications to the Data Plate definition should be made: The Data Plate indicates whether the home is designed to accommodate an add on, accessory building, and the like, and the Data Plate and other documentation should document the weight, size, and other limits the manufactured home can support. Failure to require additional information will lead to confusion and result in many homes being stressed beyond their designs limits and therefore lead to structural failure.
Another commenter stated that the manufacturer should be required to identify the maximum loads applied to the floor system, wall system, roof system and support system.
Another commenter suggested HUD
delete the first paragraph of the applicable statement in 3280.5d. This and another commenter recommended HUD revise the second paragraph to include a checkbox for is or is not similar to current language for 3280.5g to reduce language and clutter on home Data Plates. One commenter explained that this alternative would still capture the intent of HUDs proposal, while preserving space on the Data Plate for future statements or other required disclosures.
The commenters proposed significant changes to HUDs proposed regulatory text.
HUD Response: HUD considered all comments received on the requirements for the Data Plate and made minor changes to reflect and accommodate some of the comments. Through the language on the Date Plate, HUD is trying to provide information to the
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