10 TAC §80.54
The Texas Department of Housing and Community Affairs ("Department"),
Manufactured Housing Division, adopts on an emergency basis amendments to
10 TAC §80.54, concerning manufactured home anchor installation requirements
in subsection (a) and the requirement for a ground vapor retarder in subsection
(b) and (c). The Department finds that an imminent peril to the public safety
requires the adoption of the amendments to this rule on an emergency basis.
The original emergency filing of subsection (b) and (c) has been withdrawn
(published in the
Texas Register
on November
13, 1998, pages 11510, 11511, and 11677) in order that all emergency rules
for this section can be found in one
Texas Register
publication. The wording in this filing for subsection (b) and (c)
remains the same as previously filed in the withdrawn emergency rule.
The Department finds that there is an immediate need for safe, affordable
anchoring of new and used manufactured homes in difficult soils, without which
there is an imminent peril to occupants and neighboring homes if such anchoring
systems are not implemented. Presently, although there are Department approved
anchors for installation in soil and in rock, there are no cross drive rock
or soil auger anchors individually designed for mixed rock and soil conditions
or hard caliche soil. Even if there were such anchors available, there is
a 12-month time period for testing new anchors under the department's requirements,
with a cost to the anchor manufacturer of approximately $50,000.
Alternative anchoring systems approved by the Department, such as custom-designed
anchor systems or concrete pads with embedded anchors, are economically prohibitive
for most consumers and homeowners who live in areas of difficult soils, or
the systems are not designed for all home widths. The Department's Anchor
Task Force met on November 12, 1998, and reached consensus on the proposed
emergency rules. The rules will require that installers double the amount
of cross drive rock anchors and diagonal ties (use two for each specified)
when inserted in mixed rock and soil conditions or hard caliche soil in order
to meet necessary holding requirements for wind resistance.
The Department has received information indicating that the use of 6-mil
polyethylene sheeting may be highly flammable under certain conditions and
has determined that the issue needs to be investigated further. For this reason,
the ground vapor control requirement found in §80.54(b) is being removed,
and the Site Preparation Notice in §80.54(c) has been rewritten to remove
references to the ground vapor retarder.
An additional consideration in adopting these emergency rules is that under
§9(g) of Article 5221f, the effective date of a rule relating to installation
standards shall not be less than 60 days following the date of publication
of notice that the rule has been adopted. The Anchor Task Force agreed that
these emergency rules could go into effect immediately without unduly burdening
the industry.
These emergency amendments are adopted pursuant to Texas Civil
Statutes, Article 5221f, §4(a), which gives the Department the authority
to adopt standards and requirements for the installation of manufactured housing
that are reasonably necessary to protect the health, safety, and welfare of
the occupants and the public, and 10 TAC §2001.034, which allows an agency
to adopt an emergency rule if the agency finds that an imminent peril to the
public health, safety, or welfare, or a requirement of state or federal law,
requires adoption of a rule on fewer than 30 days' notice.
§80.54.Standards for the Installation of Manufactured Homes.
(a)
All manufactured homes shall be installed in accordance
with one of the following:
(1)-(3)
(No Change.)
(4)
a stabilization system pre-approved by the department;
[
or
]
(5)
on a permanent foundation
; or
[
.
]
(6)
the state's generic standards set
forth in this section, §80.55 of this title (relating to Anchoring Systems),
and §80.56 of this title (relating to Multi-Section Connection Standards)
with the values and notes for Table 4A in §80.55(d)(2) of this title
(relating to Anchoring Systems) modified as follows when approved auger anchors
cannot be inserted into a difficult soil, such as mixed soil and rock or caliche
(heavily weathered limestone), that is not solid rock:
(A)
since the ultimate anchor pull out in the difficult soil
will be reduced, the maximum spacing for diagonal ties per side is one half
the spacing allowed by Table 4A in §80.55(d)(2) of this title (relating
to Anchoring Systems) which will require adding one additional cross drive
rock anchor for each anchor specified;
(B)
the rods of the approved cross drive rock anchors must
be fully inserted, have at least 24 inches of the rod lengths embedded in
the difficult soil, and be restrained from horizontal movement, when feasible,
by a stabilizer plate between the rods and the home; and
(C)
each cross drive rock anchor is connected to one diagonal
tie and is not connected to a vertical tie.
(b)
Site Preparation Responsibilities and Requirements:
(1)
The purchaser is responsible for the proper preparation
of the site where the manufactured home (new or used) is to be installed unless
the home is installed in a rental community. Except in rental communities,
the purchaser shall remove all debris, sod, tree stumps and other organic
materials from all areas where footings are to be located. In areas where
footings are not to be located, all debris, sod, tree stumps and other organic
material shall be trimmed, cut, or removed down to a maximum height of 8 inches
above the ground [
or to a lower level is needed to properly install the
vapor retarder material
]. The retailer must give the purchaser a site
preparation notice as described in this section prior to the execution of
any binding sales agreement. If the installation is a secondary move, not
involving a retail sale, the installer must give the homeowner the site preparation
notice prior to any agreement for the secondary installation of the home.
[(2)
If the retailer or installer provides
the materials for skirting or contracts for the installation of skirting,
the retailer or installer is responsible for installing the ground vapor retarder
and for providing the proper cross ventilation of the crawl space. If the
purchaser or homeowner contracts with a person other than the retailer or
installer for the skirting, the purchaser or homeowner is responsible for
installing the ground vapor retarder and for providing for the proper cross
ventilation of the crawl space.]
(2)
[
(3)
] Clearance: A minimum
clearance of 18 inches between the ground and the bottom of the floor joists
must be maintained. In addition, the installer shall be responsible for installing
the home with sufficient clearance between the I-Beams and the ground so that
after the crossover duct prescribed by the manufacturer is properly installed
it will not be in contact with the ground. Refer to §80.56 (relating
to Multi-Section Connection Standards) for additional requirements for access
openings to the crawl space and utility connections. It is strongly recommended
that the installer not install the home unless all debris, sod, tree stumps
and other organic materials are removed from all areas where footings are
to be located.
(3)
[
(4)
] Drainage: Except in rental
communities, proper drainage is the responsibility of the homeowner. It is
strongly recommended that the installer not install the home unless the exterior
grade is sloped away from the home or another approved method to prohibit
surface runoff from draining under the home is provided. Drainage prevents
water build-up under the home. Water build-up may cause shifting or settling
of the foundation, dampness in the home, damage to siding and bottom board,
buckling of walls and floors, delamination of floor decking and problems with
the operation of windows and doors.
[(5)
Ground Vapor Control: If the space
under the home is to be enclosed with skirting and/or other materials provided
by the retailer and/or installer, a vapor retarder that keeps ground moisture
out of the home must be installed to prevent moisture damage to the structure.
The installer shall ensure that a minimum 6 mil polyethylene sheeting or its
equivalent is properly installed and the area under the home is covered with
sheeting and overlapped approximately 12 inches at all joints. Any tear larger
than 18 inches long or wide must be taped using a material appropriate for
the sheeting used. The laps should be weighted down to prevent movement. Any
small tears and/or voids around construction (footings, anchor heads, etc.)
are acceptable. In addition, crawl space ventilation must be provided at the
rate of minimum 1 square foot of net free area, for every 150 square feet
of floor area. At least six openings shall be provided, one at each end of
the home and two on each side of the home. The openings shall be screened
or otherwise covered to prevent entrance of rodents (note: screening will
reduce net free area). The vapor retarder prevents water vapor build-up under
the home. Water vapor build-up may cause dampness in the home, damage to siding
and bottom board, buckling of walls and floors, delamination of floor decking
and problems with the operation of windows and doors. For example, a 16'x76'
single section home has 1216 square feet of floor area. This 1216 square feet
divided by 150 equals 8.1 square feet or 1166 square inches of net free area
crawl space ventilation.]
(c)
Notice: The site preparation notice to be given to the
consumer shall be as follows:
Figure 1: 10 TAC §80.54(c)
(d)
(No Change.)
Filed with the Office of the Secretary of State,on
December 4, 1998.
TRD-9818162
Daisy A. Stiner
Acting Executive Director
Texas Department of Housing and Community Affairs
Effective date: December 4, 1998
Expiration date: April 2, 1999
For further information, please call: (512) 475-3726