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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations
HUD also notes that updating specific editions of referenced standards may require notice and comment and as such, will remain for the time-being.
HUD also disagreed with some commenters that proposed to require carbon monoxide alarms in all homes, regardless of whether the home as fuelburning appliances, an attached garage, or designed for installation over a basement. HUDs standards are consistent with state and local standards for residential construction. Should the commenter wish to pursue requirements for carbon monoxide alarms in all homes, the commenter is encouraged to submit the proposed change to the MHCC for review and deliberation by the Committee. It is not appropriate for HUD to integrate these changes at the final rule stage.

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Subpart C, Fire Safety, Attached Garages 3280.212 Factory Constructed or Site-Built Attached Garages One commenter noted that HUDs current policy, to not require the IPIA to inspect documents shipped with the manufactured home under Interpretive Bulletin H177, conflicts with proposed paragraph gthere is no assurance that the manufacturer would be including these additional instructions.
A commenter stated that the proposed rule leaves it unclear as to when a garage is to be added to the home.
Another commenter stated that HUD
should clarify that paragraph a applies only to garages which are not selfsupported. One commenter supported HUDs actions to remove the issue of attached garages and carports from the costly AC process. The commenter stated that the proposed standards and regulations would effectively obviate previous sub-regulatory HUD
guidance memoranda which mandated the approval of attached garage and add-on-ready manufactured homes via the AC process set forth at 3282.14.7
Several commenters stated that HUD
should revise the proposed fire separation requirements. A commenter stated HUD should require that gypsum be added on site to meet the fire separation requirement. Installing gypsum on the exterior of a home in the factory would not be a durable enough 7 See,
e.g., June 12, 2014 HUD Guidance Memorandum Construction of On-Site installation of Add-Ons Such as an Attached Garage; and November 10, 2014 HUD Guidance Memorandum Additional DAPIA Guidance for Review and Processing of Manufacturers Alternative Construction Requests for Attached Garages.

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exterior finish for storage and shipping.
Another commenter agreed and stated that paragraph c needs to be clarified so that fire separation between the garage and the home may be completed on-site. Site-installed dormers at the garage in addition to floor-to-foundation fire separation will be required to be completed on-site and it would be advantageous to run all separation at that time to ensure proper alignment with the garage. Paragraph c1 should also be clarified to allow gypsum required to meet separation to be either factory or site installed and allowance for products equivalent to 12 gypsum should be added.
One commenter stated that in 3280.212g the reference to 3285.201
should be changed to 3285.301. The commenter proposed that a new paragraph h be added because a sitebuilt, self-supported garage is considered an add-on per 3282.8j1
and does not affect the ability of the manufactured home to comply with the Construction and Standards.
Another commenter stated the Standards should be consistent with other building codes, such as the IRC.
Instead of requiring that the fire separation be continuous from beneath the floor, through the attic space, to the underside of the roof sheathing/decking, the Standards should only state that the garage must be separated from the home with appropriate gypsum wallboard or equivalent. Manufacturers can determine whether the fire separation should be continuous from the floor, through the attic space, to the roof sheathing or decking or if it is more appropriate to envelop the structures garage side. Other building codes leave this to the builders discretion and so should the Standards.
The commenter continued that HUDs proposed rule for factory or site construction of attached garages should emphasize the distinction between attached and self-supported structures.
HUD should also revisit the fire separation requirements for attached garages. The commenters suggested edits included clarifying that attached garages are not self-supported. Further, when a garage would be attached to and supported by the home, manufacturers should only be required to comply with the Standards load provisions. They should not be expected to build homes that also meet the specific requirements of the various state and local jurisdictions, and confirming that a sitebuilt, self-supported garage is considered an add-on and clarifying that add-ons do not affect a manufactured homes ability to comply with the Standards.

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According to one commenter, the guidance provided in 3280.212, 3280.213, 3282.8j, and 3285.903c Attached Garages, Carports and AddOns appears contradictory and confusing. Sections 3280.212 and 3280.213 provide guidance on how manufactured housing should be prepared for the addition of garages and carports which is clearly within the scope of the Federal standards. These sections, along with 3282.8, discuss load paths, providing conflicting information on where loads should be transferred. If the intent is to offer options, then the sections should be presented with an or statement to indicate they are options, as is included in the Data Plate requirements of 3280.5. The commenter said who bears responsibility for approval and inspection of these attached accessory buildings and structures should also be clarified. According to the commenter, these structures should comply with the local building code and be inspected to that code by the local jurisdiction, given their designation as attached buildings or structures and not the extension of the manufactured home.
HUD Response: HUD agreed with most comments and has accepted all suggested textual changes to the standards that were submitted by the public. HUD modified the final Construction and Safety Standards accordingly.
HUD disagreed with the commenter that installation instructions are not required by this final rule, as it is specifically addressed through 3280.212g. Further, upon placing a label certification on each transportable section of a manufactured home, the manufacturer self certifies its compliance with the Construction and Safety Standards. Should the commenter seek additional changes to either manufacturer or IPIA
requirements, the commenter is encouraged to submit comments through the MHCC process for consensus review and deliberation. It is not appropriate for HUD to integrate these changes at the final rule stage.
HUD also notes that the added information required on the Data Plate more clearly identifies whether the home has been designed for an attached garage.
Subpart C, Fire Safety, Attached Carports 3280.213 Factory Constructed or Site-Built Attached Carports One commenter stated that the proposed rule should be modified to include attached patio covers and porch
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