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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations consumers, retailers, installers, and local authorities about the design and construction of the home that may help prevent a home from being taken out of compliance when an attached accessory building or structure is built and added on at the home site. Further, the Data Plate provides information that may be used by state and local authorities that have enforcement authority for site-built structures that are not integral to the manufactured home produced and shipped by the manufactured home manufacturer.

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Subpart B, Planning Considerations One commenter stated that HUD
proposed to adopt a superseded MHCC
recommendation concerning ventilation. HUD has proposed to authorize manufacturers compliance with the 2010 edition of American Society of Heating, Refrigeration, and Air-Conditioning Engineers ASHRAE Standard 62.2, Ventilation and Acceptable Indoor Air Quality in Low-Rise Residential Buildings, as an alternative to the prescriptive ventilation requirements in 3280.103b and c. The proposed rule ignores that more than four years ago, the MHCC updated its recommended acceptance of ASHRAE Standard 62.2 to refer to the 2013 version. Adopting the more recent version of the ASHRAE
standard in this rulemaking would avoid the need for an additional change to the regulations later to update the reference.
HUD Response: HUD understands that the MHCC continues to provide recommendations that may be more recent than those published in proposed rules, including updates to the referenced ASHRAE Standard 62.2.
Generally, HUD finalizes recommendations in the order received to avoid selective choice, minimize confusion, and so that full and complete impact analyses can be conducted specific to the various groups of recommendations provide by the MHCC.
3280.103 Light and Ventilation One commenter supported the removal of the maximum 90 cubic feet per minute fan requirement, which will allow the commenter to increase the size of homes built to accommodate larger families, which commenter stated will allow more families to live in safe, affordable homes with the modern amenities they desire.
Another commenter expressed concern that using the Standards and eliminating the alternative construction AC process for manufactured housing that utilizes design elements of site-built
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homes could affect the manufactured housing occupants health and safety.
The commenter urged HUD to keep the AC process in place for design features that could affect the manufactured homes structural integrity and safety, including attached homes i.e., zero lot line, multi-story homes, and attached carports and garages. The commenter continued that blurring the line between what is manufactured housing and what is site-built housing could mislead homebuyers, and that manufactured housing that emulates site-built elements should be held to the same inspection and building standards as site-built homes. The commenter urged HUD to require attached units to meet all state and local building codes, including higher energy standards, required for conventionally built housing.
HUD Response: HUDs minimum requirements established for attached homes i.e., zero lot line and multistory homes do not change the definition of a manufactured home or impact the requirement that every transportable section of a manufactured home bear a manufacturers certification label. Through this rulemaking, HUD is codifying requirements previously set forth through Alternative Construction requirements; thereby, accounting for consumer safety. All regulatory aspects of the program, including design review and inspections, remain in place for all manufactured homes built under this federal program. HUD believes the minimum standards established and enforced for these construction options provide benefits to all segments of the industry while protecting consumers health and safety. Further updates to the referenced ASHRAE Standard 62.2 may be addressed in future rulemaking.
3280.108 Interior Passage Several commenters agreed that clarification was needed regarding to which doors the 27-inch requirement applies. One commenter stated that closet doors including walk-in closets and pantry doors are less than 27inches, typically 24-inches or less.
Another commenter stated that it has several floor plans with closet and pantry openings less than 27-inches and uses 24-inches for water heater and furnace compartments and 16-inches for linen and coat closets. The commenters stated that they would need to make significant changes to floor plan designs to accommodate HUDs proposal, and one commenter explained this would add costs to the home, drive up affordable housing costs, and financially burden the commenter. One commenter suggested clarifying that the minimum
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clear opening requirement of 27-inches only apply to passage doors in a manufactured home.
Some commenters suggested adding exclusions for closet, pantry, coat closet, linen closet, and toilet compartment doors and other spaces where the intent is to reach in and access an item. The commenters explained that closet and pantry doors, unlike a bedroom door, are not considered passage doors.
Further, single-section manufactured homes have a smaller living space when compared with a multi-section manufactured home or a typical sitebuilt home. Given that living space is at a premium in single-section homes, closet and pantry doors should not be subject to the same clear opening requirements.
HUD Response: HUD agreed with the comments and revised the standard accordingly.
3280.111

Toilet compartments
Two commenters suggested revising language in paragraph b to clarify the regulatory intent that the section refers to bathroom passage doors in singlesection and multi-section homes. For example, the term single-section should modify home, not bathroom.
HUD Response: HUD agreed with the comments and revised the standard accordingly.
3280.114

Stairways
Comments: Riser Height, Tread Depth, and Consistency.
Several commenters opposed HUDs proposed changes to stair rise and run requirements. Some commenters noted that, as written, the proposal would conflict with existing state and local requirements and require manufactured home communities to replace existing inventory of prefabricated landings and stairs. Another commenter stated that the stair rise and run in HUDs proposed rule would not allow stairs to be run parallel with the width of many homes, which would eliminate many floor plan options and adversely penalize manufactured home builders.
One commenter stated that, 3280.114a2i, 7 risers and 10
treads would cause stairway openings to be larger to the point where some floor plans would no longer accommodate a stairway. Some commenters suggested HUD use 8 or 8.25 for the maximum rise and 9 for the minimum tread, which are figures that thirteen states accept.6 One commenter also suggested 6 The states referenced by the commenter were:
IL, IN, KY, ME, MD, MA, MT, NJ, ND, OH, OR, PA,
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