Do installation designs and instructions prepared by a PE have to be approved by the manufacturer and the DAPIA in all states or only HUD-administered states?
Installation designs and instructions that are prepared by a PE or RA that are different from those provided by the manufacturer must be approved by the manufacturer and the DAPIA as providing a level of protection that equals or exceeds the protection provided by the federal installation standards in part 3285 only in states where HUD administers the installation program. State installation programs may deal with the use of alternative designs differently.
The Installation Program final rule clarifies the installation instructions requirements in states with installation programs and states where HUD administers the installation program. Section 3286.9(b) requires the manufacturer to provide DAPIA approved installation designs and instructions with each manufactured home. This is required in all states since it is in Subpart A.
Section 3286.103(a)(2) requires designs that differ from the DAPIA approved designs be prepared by a PE or RA and approved by the manufacturer and the DAPIA. This is only required in states where HUD administers the installation program since it is in Subpart B. Therefore, the state do not have to require manufacturers and DAPIAs to approve designs developed by PEs/RAs as required in 3286.103(a)(2).
The paragraph in 3286.103(a)(2) was added in response to the MHCC's concern that HUD did not have any recourse over PEs/RAs if these 'alternative designs' did not provide a level of protection that equals or exceeds the protection in the Installation Standards. Therefore, the final rule requires the designs prepared by a PE or RA also be approved by the manufacturer and the DAPIA only in states where HUD administers the installation program.Are manufactures required to have their DAPIA approved installation manuals changed (if they are not equal or greater than Part 3285 - Model Manufactured Home Installation Standards) by the implementation date of October 20, 2008?
We have been asked if manufactures are required to have their installation manuals DAPIA approved for compliance with the Model Manufactured Home Installation Standards by the effective date of October 20, 2008. The answer is yes. This requirement applies to all manufactured homes, not just those sited in HUD administered states. The implementation schedule referred to in the Manufactured Home Installation Program only applies to the implementation of the HUD administered installation program in default states.
"Under Subpart I, 24 CFR 3286.803(b)(1) requires state qualifying installation programs to have installation standards that meet or exceed the requirements of 24 CFR 3286.107(a). Does this mean that each state qualifying installation program will have to require the use of DAPIA and Manufacturer approved designs for the initial installation of all new manufactured homes as apposed to using the generalized state-wide installation codes or model codes, like NFPA 501A?"
Manufacturer must provide with each new manufactured home, installation instructions that have been approved by the DAPIA - regardless of the state. These instructions must comply with the minimum installation standards for the state where the home will be installed. States may adopt any installation standards that meet or exceed the federal installation standards in part 3285.
Is the installer certification required in all states or only HUD-administered states?
The installer certification is only required in states where HUD administers the installation program. States that administer their own installation program will determine the installer responsibilities with regards to the installation of manufacture homes.
Section 3285.2(d) states: "In making the certification of the installation when required under part 3286 of this chapter?." Part 3286 only requires installers in states where HUD administers the installation program to provide the certification to HUD. States with qualifying installation programs do not have to require installer certification.
Can you give me some idea of what the "phase-in schedule", mentioned in 24 CFR 3286.1(b), might look like so I will know when to submit my Installation Trainer Registration form (or the State Certification Form)?
We are still working on the phase-in schedule. However, the phase-in schedule will not have an affect on the Installation Trainer Registration or State Certification Form. We will be accepting applications from trainers and states as soon as the Office on Management and Budget (OMB) approves the proposed forms. This approval is expected in the coming weeks. Once the Installation Trainer Registration and the State Certification Form is approved we will be accepting applications immediately. Will HUD recognize a state license if an installer from a HUD-approved state worked across state lines in a default state or would they also have to get licensed by HUD?
A licensed installer in a state that administers a qualified installation program would be required to obtain a HUD license to install a manufactured home in a state where HUD administers the installation program. However, an applicant that holds a license in a state with an approved installation program that issues installation licenses may seek exemption from the experience requirement - Section 3286.207(b). Also, an licensed installer in a state with an approved installation program may postpone the training requirements until 10/20/2009 - Section 3286.205(b)(1).
Will state/local inspectors be able to perform inspections in a state that administers its own installation program or will the inspectors have to be part of the office that administers the installation program?
State and local inspectors would be acceptable in states that administer its own installation program.
Is the installer's license good in all states where HUD administers the installation program or just the state where the installer received the training and certification?
The HUD administered installer's license is valid in all states where HUD administers the installation program. However, the installer may be required to obtain state and/or local licenses that are required to do business in a given jurisdiction.
Will certified installers working within a state qualifying installation program be required to have the same amount of training and continuing education as their counterparts in HUD administered states?
No. In order for a state to have a qualified installation program the state must have installer training; however, that installer training does not have to meet or exceed the HUD administered state's training requirements. Only the state installation standards must meet or exceed the Model Manufactured Home Installation Standards.
Will certified installers working within a state qualifying installation program be required to keep the same types of records as their counterparts working in HUD administered states?
No. The installer must follow the state's requirements for record keeping in states that administer its own installation program.
I'm trying to determine how close a state administered program has to mirror the HUD administered program's requirements in 24 CFR 3286 Subparts B through H to be accepted?
A state administered installation program must have the following:
||Installation standards that meet or exceed the protection provided by the Model |
||Manufactured Home Installation Standards;|
||Training and licensing of manufactured home installers; and|
||Inspection of the installation of manufactured homes.|
Only the installation standards must meet or exceed the HUD installation standards. The state must have training and licensing of installers and inspections of manufactured homes - but these aspects do not have to meet or exceed the requirements in HUD administered states.
What new form will be used as a result of the installation program final rule?
Are there any conditions under which existing inventories of painted anchors may be used after October 20, 2008, the effective date of HUD's Model Installation Standards (Standards), as painted anchors will not meet the level of protection against weather deterioration and corrosion as required by 3285.402 of the Standards?
||HUD Manufactured Home Retailer Report - Home Tracking Information, Form HUD-305|
||HUD Manufactured Home Retailer Report - Home Installation Information, Form HUD- 306|
||HUD Manufactured Home Installer License Application, Form HUD-307|
||HUD Manufactured Home Installation Trainer Registration Application, Form HUD-308|
||HUD Manufactured Home Installation Certification And Verification Report, Form HUD-309|
||State Installation Program Certification, Form HUD-312|
Existing inventories of painted anchors manufactured prior to October 20, 2008, may be used to install manufactured homes until February 2, 2009, in all states including those states in which HUD will administer the installation program. However, since the HUD installation standards do not preempt state law, states such as Florida may continue to enforce their own anchoring requirements on October 20, 2008, including required levels of zinc coating for weather and corrosion protection of anchors.
Are requirements in the Manufactured Home Construction and Safety Standards (24 CFR 3280) for inclusion of certain information in manufacturer's installation instructions applicable if those provisions are not specifically required by HUD's Model Installation Standards (24 CFR Part 3285)?
All provisions in the Manufactured Home Construction and Safety Standards (24 CFR 3280) regarding manufacturer's installation instructions continue to apply and are required even if those requirements were not included or specifically referenced in HUD's Model Installation Standards (24 CFR Part 3285).
Is it permissible to only include the minimum and maximum permitted angles for diagonal tiedown strap requirements in manufacturer's installation instructions without any information to dimensionally describe their location?
No. Without the dimensional information being provided in the instructions, it is difficult for installers and inspectors to verify that the diagonal tiedown straps are being installed in accordance within the permitted range of minimum and maximum angles. Therefore, the dimensional parameters must be provided in the manufacturers instructions to determine the acceptability of diagonal tiedown placement and spacing. The Tables in 3285.402 providing the maximum spacing for diagonal tiedown straps also include dimensional requirements for installing the straps and are based on a minimum angle of 30 degrees and a maximum angle of 60 degrees between the diagonal strap and the ground.
Is there a conflict between Footnote 2 in Figure C to 3285.310 which states that column loads listed in Table 3 to 3285.303 are total loads for both sections while Footnote 3 to Table 3 states that the maximum column loads shown are for each section of the manufactured home?
Note 2 is correct. Note 3 of Table 3 to 3285.303 will be revised when the Model Installation Standards are next updated to read as follows: "Loads listed are maximum column loads for both sections of the manufactured home."
Are the plumbing tests required to be conducted at the installation site by 3285.603 and 3285.604 of HUD's Model Installation Standards of the water supply and drainage systems for only the elements of the systems installed by the installer or is a retest of the entire water and drainage system required including those plumbing parts provided at the site? If plumbing tests of the water supply and drainage systems are required, when should they be conducted?
The entire water supply and drainage systems are to be retested in accordance with 3280.608 and 3280.612 at the site including those plumbing parts that are field installed at the site. The tests are to be conducted after all field installed water and drainage piping is connected to the manufactured home at the installation site but prior to connection to the water supply and sewer or septic system.
Is it necessary for an installer to crown the ground surface under the home so that there are no depressions in which surface water can accumulate under the home, if the home is skirted around the perimeter between the bottom of the home and the ground or the home is provided with a perimeter foundation or enclosure and the remainder of the site is sloped to remove all ground water as indicated in the illustration in 3285.203 of HUD's Model Installation Standards?
No. It is only necessary to crown the ground surface under the home when there is no perimeter skirting, foundation or enclosure provided between the bottom of the home and ground as shown in the Figure to 3285.203 of HUD's Model Installation Standards. However, the remainder of the site must be graded sloped, or designed to provide drainage away from the home to the property line.
Does HUD's Installation Standards require tie-downs/anchors for manufactured housing?
Yes, any home built after October 20, 2008 requires tie-downs/anchors. After blocking and leveling, the manufactured home must be secured against the wind by use of anchor assembly type installations as described in "Subpart E - Anchorage Against Wind" of the Installation Standards or by the connecting the home to an alternate foundation system as described in Section 3285.301 of the Standards.