Part 1.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
Chapter 80.
MANUFACTURED HOUSING
The Manufactured Housing Division of the Texas Department of Housing
and Community Affairs (Department) adopts without changes §§80.51,
80.55, 80.62, 80.64, 80.66, 80.122, 80.128, 80.130, 80.132, and 80.135. The
text to the adopted rules without changes will not be republished. The proposed
amendments to §80.52 are not adopted. The following amended rules are
adopted with changes and will be republished: §§80.11, 80.56, 80.119,
80.121, 80.123, 80.124, 80.126, and 80.136. The proposed rules were published
in the September 19, 2003 issue of the
Texas Register
(28 TexReg 8076).
The effective date of the rules is thirty (30) days following the date
of publication with the
Texas Register
of
notice that the rules have been adopted.
A public hearing was held on October 28, 2003. The following interested
groups or associations presented comments either at the hearing or in writing:
Texas Manufactured Housing Association ("TMHA").
Set forth below are comments from TMHA and other parties suggesting revisions
to specific subsections and the analysis and recommendations of staff.
There was a general comment that several of the definitions (§80.11)
were really more than definitions, being in the nature of actual rules, and
it was asked that they be moved into other sections as rules. The definitions,
as adopted, do not seem to involve any of the proposals that initially caused
this issue to be raised.
Definition of Attachment. A commenter suggested changing the language by
deleting "With respect to a manufactured home, that it" and adding "means
that the home has been..." It was decided to leave it as proposed to make
it clear we are talking about the installation of a manufactured home, which
includes a HUD Code home or a mobile home, and does not refer to attachment
of anything else, such as a foundation or stabilization system.
Definition of a Cash Transaction. A commenter said that proposed definition
was technically accurate but could be misleading in a situation in which a
customer had secured their own financing independently and used those proceeds
to pay cash to the seller. Such a transaction would be is cash the seller
(licensee) but financed to the buyer. The commenter stated that these rules
were primarily for the benefit of licensees and suggested the following language,
"...and no portion of the consideration for the home is financed through the
assistance or involvement of the seller." It was decided that the definition
was not needed.
Definition of a Contractual Agreement. A commenter expressed concern over
the breadth of the definition and thought it might run contrary to the general
policy to document manufactured home transactions in writing. It was decided
that the definition is not needed.
Definition of a Credit Application. A commenter questioned whether there
was such a thing as an oral credit application and voiced that if there is
its use should not encouraged or be recognized by the Department. Additionally,
the commenter stated, in light of legislative attempts earlier this year to
address the ongoing problems with identity theft (SB 473) credit applications
should be in writing so it is clear to all parties what is happening and that
permission to access consumer information has been granted. It is decided
that since the issue is covered by federal laws and rules (the Equal Credit
Opportunity Act and Federal Reserve Regulation B), the definition, which tracked
the federal language, and separate record-keeping requirement were not needed.
However, under the federal law, it is possible, if a lender's procedures permit,
to have oral credit application.
Definition of a Creditor. A commenter questioned this, indicating that
the Department should have no role in enforcing or administering the Finance
Code. The definition, as adopted, is identical to that in the Finance Code.
Note that under Section 1201.505, Occupations Code, a retailer or broker must
comply with Subtitles A and B, Title 4, Finance Code.
Definition of a Deposit. Due to comments received, the Department clarified
to explain disclosure requirements and to allow retention of out-of-pocket
costs paid to third parties in connection with financing, such as credit reports.
Definition of Deposits. A commenter indicated that there was nothing wrong
with the present definition. It was decided to leave it unchanged
Definition of a Down Payment. A commenter indicated that there was nothing
wrong with the present definition. It was decided to leave it unchanged.
Definition of a Permanent Foundation. This was a comment that was viewed
as more in the nature of rules than a definition. It was decided to leave
this section unchanged from existing rules. However, additional comments and
suggestions on this issue are solicited as a broad definition of permanent
foundation may promote the availability of mortgage financing for manufactured
homes installed to standards other than FHA.
Definition of a Sale Documents - A commenter suggested that the definition
was unnecessary. It has been deleted.
A commenter suggested that "chattel mortgage" be defined. Staff recommends
that a chattel mortgage be defined as any loan subject to Chapter 347, Finance
Code, that is not a mortgage loan.
Section 80.64 - A commenter suggested revising the rule to require manufacturer
approval for alterations since the Division no longer has an on staff engineer.
Staff is in the process of preparing proposed revisions to §80.64. However,
since they are not in connection with the implementation of SB 521, they will
be presented separately.
Section 80.119 - A commenter proposed deleting the last sentence of §80.119(g)(2).
This comment was adopted.
Section 80.121 - A commenter said that the list of records that retailers
must keep on file should also include the 163 Disclosure that is required
in §80.182. The comment was adopted and added as §80.121(a)(1)(H).
The subsequent subparagraphs are relettered. Also, a commenter suggested adding
to the list evidence that the 3-day right of rescission was delivered to the
consumer at closing. The right of rescission is extended to 2-years and should
be on file. No change was viewed as necessary because §80.121(b) requires
all verifications and copies of notices required by the rules to be maintained
in the retailer's sales file for a minimum of 6 years, regardless of whether
they are listed in §80.121 or not.
Section 80.123(o) - It was asked that the rule be expanded to clarify the
scope and application of the continuing education requirements. Language has
been added to clarify that participating on a clerical or ministerial basis
does not trigger the requirement to obtain continuing education. The same
commenter asked for a clarification that courses could be offered online,
and this has been made clear.
Section 80.123(i) - A commenter stated the last sentence of subsection
(i) could cause confusion and suggested clarification. The sentence has been
revised.
Section 80.126 - The phrase "default orders" in subsection (f) and "assessment
of costs" in subsection (g) has been removed and clarified at the request
of a commenter, along with the phrase "enforcement action." Generally speaking,
the language has been clarified so that it does not use any "undefined terms"
which appear to have special meanings. A number of commenters objected to
what they perceived to be the imposition of costs on top of administrative
penalties and asked that these additions not be adopted. These proposed sections
have not been deleted. The recovery of costs is specifically authorized by
law, and the Department is not in a position to incur significant out-of-pocket
costs in order to enforce the laws and rules it administers.
Section 80.136(a)(2) - A commenter stated that for real property transactions
the rules should also allow for other installation requirements required by
a lender. If no lender is involved and the consumer chooses to treat the home
as real property, they should be able to do so and only meet the manufacturer's
installation requirements necessary to activate the warranty on new homes
and the State generic code on used homes. The Department has deleted this
paragraph.
Except as noted below, the rules as proposed on September 19, 2003 are
adopted as final rules with the following non-substantive changes.
Section 80.11 is revised by adding new definitions: "Chattel Mortgage or
Consumer Loan"; and "Long-Term Lease."
Section 80.11 is revised by deleting proposed new definitions: "Cash Transaction";
"Contractual agreement with a consumer regarding the purchase, exchange, or
lease purchase of a manufactured home"; "Credit Application"; and "Sale Documents."
Section 80.11 is revised by deleting proposed amendments to existing definitions:
"Creditor"; "Deposits"; "Down Payment"; and "Permanent Foundation."
Section 80.56(k)(1) is revised by changing "BTUH" to uppercase.
In §80.119(b)(1) the first sentence changed by moving the words "perform
or" for better sentence structure.
In §80.119(g)(2) the last sentence is deleted because it is not needed.
In §80.121(a)(1) subparagraph (H) was added that requires the retailer
retain the 163 Disclosure on file as part of the sales record.
In §80.123(i) the last sentence changed to reference a specific subsection.
In §80.123(o)(1)(B) the last sentence changed to clarify that a person
is not required to take continuing education courses if not directly involved
in the sale.
In §80.123(o)(2)(C) the last sentence is added to allow for online
instructional courses.
Section 80.123(o)(2)(E) is deleted.
Section 80.123(o)(2)(F) changed to (E) and changes were made to the paragraph
for clarification purposes and to add wording for courses provided online.
Section 80.123(o)(2)(G) is changed to (F). The text remains the same as
proposed.
Section 80.124(c) is a new subsection for additional clarification of deposits
and previously proposed subsections are relettered.
In §80.126(f) the first sentence "Default orders." is deleted and
in the second sentence the words "respond to" is deleted.
In §80.126(g) the first sentence "Assessment of costs." is deleted
and in the second sentence the word "enforcement" located in two places are
deleted.
Deleted proposed paragraph §80.136(a)(2) and renumbered remaining
paragraphs.
The following is a restatement of the rules' factual basis:
Section 80.11 is adopted (with changes) to make amendments and additions
to the definitions. A number of terms added and revised are being clarified
in order to facilitate the implementation of changes to the Act made by SB
521.
Section 80.51(c)(1) is adopted (without changes) for the purpose of clarification.
Section 80.55 is adopted (without changes) for the purpose of clarification.
Figure: 10 TAC §80.55(d)(2) - is adopted (without changes) that amends
Item # 9 in Table 4A for the purpose of clarification.
Figure: 10 TAC §80.55(e)(1) - is adopted (without changes) that amends
Item #9 in Table 5A for the purpose of clarification.
Section 80.56 is adopted (with changes) to make minor grammar changes for
the purpose of consistency throughout the rules.
Section 80.62 is adopted (without changes) to make minor grammar changes
for the purpose of consistency throughout the rules.
Section 80.64 is adopted (without changes) to make minor grammar changes
for the purpose of consistency throughout the rules.
Section 80.66 is adopted (without changes) to make minor grammar changes
for the purpose of consistency throughout the rules.
Section 80.119 is adopted (with changes) to change statutory references
from Vernon's Revised Texas Civil Statutes to the Occupations Code, to comply
with changes made by SB 521, and to make minor grammar changes for the purpose
of consistency throughout the rules.
Section 80.121 is adopted (with changes) to change statutory references
from Vernon's Revised Texas Civil Statutes to the Occupations Code, to comply
with changes made by SB 521, and to make minor grammar changes for the purpose
of consistency throughout the rules.
Section 80.122 is adopted (without changes) to change statutory references
from Vernon's Revised Texas Civil Statutes to the Occupations Code.
Section 80.123 is adopted (with changes) to change statutory references
from Vernon's Revised Texas Civil Statutes to the Occupations Code, to comply
with changes made by SB 521, and to make minor grammar changes for the purpose
of consistency throughout the rules.
Section 80.123(o) is adopted (with changes) that implement continuing education
requirements put in place by the adoption of SB 521. This provision also specifies
the requirements for the approval of third party coursework providers.
Section 80.124 is adopted (with changes) to change statutory references
from Vernon's Revised Texas Civil Statutes to the Occupations Code and to
comply with changes made by SB 521.
Section 80.126 is adopted (with changes) that enable the Division to recover
certain costs when it takes successful enforcement action in a contested case.
Section 80.128 is adopted (without changes) to comply with changes made
by SB 521, and to make minor grammar changes for the purpose of consistency
throughout the rules.
Section 80.130 is adopted (without changes) to change statutory references
from Vernon's Revised Texas Civil Statutes to the Occupations Code.
Section 80.132 is adopted (without changes) to change statutory references
from Vernon's Revised Texas Civil Statutes to the Occupations Code.
Section 80.135 is adopted (without changes) to change statutory references
from Vernon's Revised Texas Civil Statutes to the Occupations Code.
Section 80.136 is adopted (with changes) that delete the requirements for
the surrendering of manufacturer's certificates of origin ("MCOs"), a change
made possible by the adoption of SB 521, which changed the way that MCOs are
treated after a first retail sale.
Subchapter B. DEFINITIONS
10 TAC §80.11
The amended rules are adopted under the Texas Manufactured
Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201, §1201.052,
which provides the Department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the Department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the amendments.
§80.11.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Alteration - The replacement, addition, and modification
or removal of any equipment or its installation after sale by the manufacturer
to a retailer, but prior to sale and installation to a purchaser which may
affect the construction, fire safety, occupancy plumbing, heat-producing,
or electrical system. An alteration is deemed to be prior to sale if the alteration
is part of the retail sales contract. It includes any modification made in
the manufactured home which may affect the compliance of the home with the
standards, but it does not include the repair or replacement of a component
or appliance requiring plug-in to an electrical receptacle where the replaced
item is of the same configuration and rating as the one being replaced. It
also does not include the addition of an appliance requiring "plug-in" to
an electrical receptacle, which appliance was not provided with the manufactured
home by the manufacturer, if the rating of the appliance does not exceed the
rating of the receptacle to which it is connected (FMHCSS §3287.7(c)).
(2)
Anchoring components - Any component which is attached
to the manufactured home and is designed to resist the horizontal and vertical
forces imposed on the manufactured home as a result of wind loading. These
components include auger anchors, rock anchors, slab anchors, ground anchors,
stabilizing plates, connection bolts, j-hooks, buckles, and split bolts.
(3)
Anchoring equipment - Straps, cables, turnbuckles, and
chains, including tensioning devices, which are used with ties to secure a
manufactured home to anchoring components or other approved devices.
(4)
Anchoring systems - Combination of ties, anchoring components,
and anchoring equipment that will resist overturning and lateral movement
of the manufactured home from wind forces.
(5)
APA - Administrative Procedure Act, Texas Government Code,
Chapter 2001.
(6)
Attachment - With respect to a manufactured home, that
it has been installed in accordance with the Department's rules and connected
to any one or more utilities including, but not limited to, electricity, water,
natural gas, propane or bottled gas, or wastewater service. For purposes of
determining whether a manufactured home is attached, the presence of installation
deviations or violations shall not invalidate the home's status as being attached.
(7)
Board - Governing Board of the Manufactured Housing Division
of the Texas Department of Housing and Community Affairs.
(8)
Business use - Any use other than for dwelling purposes.
(9)
Calendar days - Includes every day on the calendar.
(10)
Certificate of Attachment - A certificate issued by the
department to the person who surrenders the Manufacturer's Certificate of
Origin or document of title when the home has been permanently affixed to
real estate. Certificates of Attachment are no longer issued after June 18,
2003.
(11)
Chattel Mortgage or Consumer Loan - A loan subject to
Chapter 347, Texas Finance Code, that is not a mortgage loan.
(12)
Coastline - The shoreline that forms the boundary between
the land and the Gulf of Mexico or a bay or estuary connecting to the Gulf
of Mexico that is more than five miles wide.
(13)
Credit document - The credit sale contract or the loan
instruments including all the written agreements between the consumer and
creditor that relate to the credit transaction.
(14)
Creditor - A person involved in a credit transaction who:
(A)
extends or arranges the extension of credit; or
(B)
is a retailer or broker as defined in the Standards Act
and participates in arranging for the extension of credit.
(15)
Creditor-Lender - A person that is involved in extending
or arranging for credit in inventory financing secured by manufactured housing.
(16)
Custom designed stabilization system - An anchoring and
support system that is not an approved method as prescribed by the state generic
standards, manufacturer's installation instructions, or other systems pre-approved
by the department.
(17)
DAPIA - The Design Approval Primary Inspection Agency.
(18)
Defect - A failure to comply with an applicable federal
manufactured home safety and construction standard that renders the manufactured
home or any part or component thereof not fit for the ordinary use for which
it was intended, but does not result in an unreasonable risk of injury or
death to occupants of the affected manufactured home (FMHCSS §3282.7(j)).
(19)
Department - The Manufactured Housing Division of the
Texas Department of Housing and Community Affairs (TDHCA).
(20)
Department inspector - An inspector who is an employee
of the Manufactured Housing Division of the Texas Department of Housing and
Community Affairs or an inspector who is an employee of an entity performing
inspection services under contract with the department.
(21)
Deposits - Money or other consideration given by a consumer
to a retailer, salesperson, or agent of a retailer to hold a home in inventory
for subsequent purchase or to special order a home for subsequent purchase.
(22)
Diagonal tie - A tie intended to primarily resist horizontal
forces, but which may also be used to resist vertical forces.
(23)
Director - The Executive Director of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
(TDHCA).
(24)
Down Payment - An amount, including the value of any property
used as a trade-in, paid to a retailer to reduce the cash price of goods or
services purchased in a credit sale transaction.
(25)
Dwelling unit - One or more habitable rooms which are
designed to be occupied by one family with facilities for living, sleeping,
cooking and eating.
(26)
FMHCSS - Federal Manufactured Home Construction and Safety
Standards that implement the National Manufactured Home Construction and Safety
Standards Act of 1974, 42 USC 5401, et seq., and means a reasonable standard
for the construction, design, and performance of a manufactured home which
meets the needs of the public including the need for quality, durability,
and safety.
(27)
Footing - That portion of the support system that transmits
loads directly to the soil.
(28)
Ground anchor - Any device at the manufactured home site
designed to transfer manufactured home anchoring loads to the ground.
(29)
HUD-Code manufactured home - A structure constructed on
or after June 15, 1976, according to the rules of HUD, transportable in one
or more sections, which, in the traveling mode, is eight body feet or more
in width or 40 body feet or more in length, or, when erected on site, is 320
or more square feet, and which is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems. The term does not include a recreational vehicle as
that term is defined by 24 CFR, §3282.8(g).
(30)
Imminent safety hazard - A hazard that presents an imminent
and unreasonable risk of death or severe personal injury that may or may not
be related to failure to comply with an applicable federal manufactured home
construction and safety standard (FMHCSS §3282.7(q)).
(31)
Independent testing laboratory - An agency or firm that
tests products for conformance to standards and employs at least one engineer
or architect licensed in at least one state.
(32)
Installation information - A term used to describe the
reports used to inform the department of information needed to perform installation
inspections (includes Notice of Installation).
(33)
IPIA - The Production Inspection Primary Inspection Agency
which evaluates the ability of manufactured home manufacturing plants to follow
approved quality control procedures and/or provides ongoing surveillance of
the manufacturing process.
(34)
Lien - A security interest that is created by any kind
of lease, conditional sales contract, deed of trust, chattel mortgage, trust
receipt, reservation of title or other security agreement of whatever kind
or character, if an interest, other than an absolute title, is sought to be
held or given in a manufactured home, and any lien on a manufactured home
that is created or given by the constitution or a statute.
(35)
Long-Term Lease - For the purpose of determining whether
or not the owner of a manufactured home may elect to treat the home as real
property, is a lease on land to which the manufactured home has been attached
and which:
(A)
has been approved by each lienholder for the manufactured
home by placing on file with the department written consent to have the home
treated as real property; or
(B)
is for at least five years if the home is not financed.
(36)
Main frame - The structural components on which the body
of the manufactured home is mounted.
(37)
Manufactured home - A HUD-Code manufactured home or a
mobile home and collectively means and refers to both.
(38)
Manufactured home identification numbers - For purposes
of title records, the numbers shall include the HUD label number(s) and the
serial number(s) imprinted or stamped on the home in accordance with HUD departmental
regulations. For homes manufactured prior to June 15, 1976, the Texas seal
number, as issued by the department, shall be used instead of the HUD label
number. If a home manufactured prior to June 15, 1976, does not have a Texas
seal, or if a home manufactured after June 15, 1976, does not have a HUD label,
a Texas seal shall be purchased from the department and attached to the home
and used for identification in lieu of the HUD label number.
(39)
Manufactured home site - That area of a lot or tract of
land on which a manufactured home is installed.
(40)
Mobile home - A structure that was constructed before
June 15, 1976, transportable in one or more sections, which, in the traveling
mode, is eight body feet or more in width or 40 body feet or more in length,
or, when erected on site, is 320 or more square feet, and which is built on
a permanent chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems.
(41)
Permanent foundation - A system of supports and securements,
including piers, either partially or entirely below grade which is constructed
or certified in accordance with the criteria outlined in §80.52(a) and
(b), of this title (relating to Permanent Foundation Performance Criteria).
(42)
Permanently affixed - Having been anchored to the real
estate by attachment to a permanent foundation.
(43)
Rebuild - To make a salvaged manufactured home habitable
in accordance with §80.66 of this title (relating to Rebuilding or Repairing
a "Salvaged" Manufactured Home).
(44)
Rebuilder - Any person, within the state, who has been
licensed by the department to rebuild a salvaged manufactured home, as defined
in §1201.461 the Standards Act, in accordance with the rules and regulations
of the department.
(45)
Refurbish - To make a nonhabitable manufactured home or
section habitable by repairing, adding, replacing, modifying, or removing
components.
(46)
Serious defect - Any failure to comply with an applicable
federal manufactured home construction and safety standard that renders the
manufactured home or any part thereof not fit for the ordinary use for which
it was intended and which results in an unreasonable risk of injury or death
to occupants of the affected manufactured home (FMHCSS §3282.7(gg)).
(47)
Shim - A wedge-shaped piece of cedar, oak, walnut, pecan,
gum, ash, hickory, elm, or other comparable hardwood or other accepted material
not to exceed one (1) inch vertical (actual) height.
(48)
Stabilizing components - All components of the anchoring
and support system such as piers, footings, ties, anchoring equipment, ground
anchors and any other equipment, which supports the manufactured home and
secures it to the ground.
(49)
Standards Act - Texas Manufactured Housing Standards Act,
Occupations Code, Subtitle C, Chapter 1201.
(50)
Statement of Ownership and Location - means a statement,
issued by the Department on the prescribed form, based on a completed application
for Statement of Ownership and Location, accompanied by the required fee and
all required supporting documentation.
(51)
Support system - A combination of footings, piers, caps
and shims that support the manufactured home.
(52)
TDHCA - The Manufactured Housing Division of the Texas
Department of Housing and Community Affairs (Department).
(53)
TMHSA - Texas Manufactured Housing Standards Act, Occupations
Code, Subtitle C, Chapter 1201.
(54)
Used home - Any manufactured home (or mobile home) for
which a document of title has previously been issued by an appropriate agency
of any state or which has been occupied.
(55)
Vertical tie - A tie intended primarily to resist the
uplifting and overturning forces.
(56)
Wind Zone I - All Texas counties not in Wind Zone II.
(57)
Wind Zone II - Aransas, Brazoria, Calhoun, Cameron, Chambers,
Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio,
San Patricio, and Willacy counties.
(58)
Working days - Includes every day on the calendar except
Saturday, Sunday, and federal and state holidays.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on March 16, 2004.
TRD-200401986
Timothy K. Irvine
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Effective date: May 2, 2004
Proposal publication date: September 19, 2003
For further information, please call: (512) 475-2206
10 TAC §§80.51, 80.55, 80.56, 80.62
The amended rules are adopted under the Texas Manufactured
Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201, §1201.052,
which provides the Department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the Department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the amendments.
§80.56.Multi-Section Connection Standards.
(a)
Air infiltration and water vapor migration at mating surfaces:
Before positioning additional sections, the mating line surfaces along the
floor, endwall and ceiling, require material or procedures to limit air infiltration
and water vapor migration. The following are acceptable materials and/or procedures:
(1)
Expanding Foam: Foam may be used along surfaces that are
accessible after the units have been joined. Where mating line walls line
up between sections, non-porous materials must be installed prior to joining
the units.
(2)
Caulking: Caulking may be used along surfaces that are
accessible after the units have been joined. Where mating line walls line
up between sections, non-porous materials must be installed prior to joining
the units.
(3)
Non-porous gasket installed along the perimeter of all
mating lines.
(4)
Insulation, carpet, carpet pad or other porous materials
are not acceptable.
Figure: 10 TAC §80.56(a)(4) (No change.)
(b)
Floor Connections:
(1)
Gaps between floors up to 1-1/2 inches maximum which do
not extend the full length of the floor may be filled with lumber, plywood
or other suitable shimming materials. Fastener lengths in shimmed areas may
need to be increased to provide minimum 1-1/4 inches penetration into opposite
floor rim joist.
(2)
Gaps less than 1/2 inch width need not be shimmed.
(3)
The floor assemblies of multi-section units must be fastened
together. Fastener options and maximum spacings are listed in table 6A in
paragraph (5) of this subsection.
(4)
Any tears or damages to the bottom board due to fastener
installation must be repaired.
(5)
Table 6A: Floor connections - Wind Zone I and II:
Figure: 10 TAC §80.56(b)(5) (No change.)
(c)
Endwall Connections:
(1)
Endwalls must be fastened together at the mating line with
minimum #8x4 inch wood screws or 16d nails at maximum 8 inches on-center or
12 inches on-center maximum for 5/16 lags; toed or driven straight; and
(2)
Fastener length may need to be adjusted for gaps and/or
toeing, to provide minimum 1-1/2 inch penetration into opposite endwall stud.
Figure: 10 TAC §80.56(c)(2) (No change.)
(d)
Roof Connection: (Note: Fasteners must not be used to pull
the sections together.)
(1)
Roof shall be connected with the fasteners and spacings
specified in Table 56(d)(3).
(2)
Gaps between the roof sections (at ridge beam and/or open
beam ledgers) of up to 1-1/2 inches wide maximum which do not extend the full
length of the roof must be filled with lumber and/or plywood shims. Gaps up
to 1/2 inch need not be shimmed. The fastener length used in the shimmed area
may need to be increased to provide a minimum 1-1/4 inch penetration into
the adjacent roof structural member.
(3)
Table 56(d)(3): Roof Connection - Fastener type and spacing:
Figure: 10 TAC §80.56(d)(3) (No change.)
(4)
Figure 56(d)(4).
Figure: 10 TAC §80.56(d)(4) (No change.)
(e)
Exterior Roof Close Up:
(1)
Ensure that shingles are installed to edge of roof decking
at peak. Follow nailing instructions on the shingle wrapper. Note: Wind Zone
II (high wind) installations require additional fasteners.
(2)
Before installing ridge cap shingles, a minimum 6 inch
wide piece of 30 gauge galvanized flashing must be installed the length of
the roof.
(3)
When flashing is not continuous, lap individual pieces
a minimum of 6 inches.
(4)
Fasten flashing into roof sheathing with minimum 16 gauge
staples with 1 inch crown or roofing nails of sufficient length to penetrate
roof decking. Maximum fastener spacing is 6 inches on-center each roof section.
Place fasteners a minimum of 3/4 inches along edge of flashing.
(5)
Install ridge shingles directly on top of flashing.
(6)
Check remainder of roof for any damaged or lose shingles,
remove any shipping plastic or netting, wind deflectors, etc. Make sure to
seal any fastener holes with roofing cement.
Figure: 10 TAC §80.56(e)(6) (No change.)
(f)
Exterior Endwall Close Up: Cut closure material to the
shape and size required and secure in place, starting from the bottom up,
i.e.: bottom starter, vertical or horizontal siding, then roof overhang, soffit
and fascia. All closure material should be fitted and sealed as required to
protect the structure or interior from the elements.
(g)
HVAC (heat/cooling) Duct Crossover:
(1)
Crossover duct must be listed for EXTERIOR use.
(2)
Duct R-value shall be a minimum of R-4.
(3)
The duct must be supported 48 inches on-center (maximum)
and must not be allowed to touch the ground. Either strapping, to hang the
duct from the floor, or pads to support it off the ground are acceptable.
(4)
The duct to the collar or plenum connections must be secured
with bands or straps approved for such use. Keep duct as straight as possible
to avoid kinks or bends that may restrict the airflow. Extra length must be
cut off.
Figure: 10 TAC §80.56(g)(4) (No change.)
(h)
Water Crossover Connection (multi-sections only):
(1)
If there is water service to other sections, connect the
water supply crossover lines as shown in the applicable detail.
Figure: 10 TAC §80.56(h)(1) (No change.)
(2)
If the water crossover connection is not within the insulated
floor envelopes, wrap the exposed water lines in insulation and secure with
a good pressure sensitive tape or nonabrasive strap, or enclose the exposed
portion with an insulated box.
(3)
If water piping at the inlet is exposed, a heat tape should
be installed to prevent freezing. A heat tape receptacle has been provided
near the water inlet. When purchasing a heat tape, it must be listed for manufactured
home use, and it must be installed per manufacturer's instructions.
(i)
Drain, Waste and Vent System (DWV):
(1)
Portions of the DWV system which are below the floor may
not have been installed, to prevent damage to the piping during transport.
Typically, the DWV layout is designed to terminate at a single connection
point to connect to the on-site sewer system. For a new home where on-site
DWV connections are not assembled per the manufacturer's instructions, the
DWV system must be assembled in accordance with Part 3280 of the FMHCSS.
(2)
The following guidelines apply:
(A)
All portions of the DWV system shall be installed to provide
a minimum of 1/4 inch slope per foot, in the direction of the flow.
(B)
Changes in direction from vertical to horizontal, and horizontal
to horizontal, shall be made using long sweep elbows and/or tees.
(C)
All drain piping shall be supported at intervals not to
exceed 4 feet on-center. The support may be either blocking or strapping.
When strapping is used, it should be nonabrasive.
(D)
Piping must be assembled with the appropriate cleaners,
primers and solvents (note: both ABS and PVC systems are common, but require
different adhesives). Be sure to follow the instructions of the product used.
(E)
A cleanout must be installed at the upper (most remote)
end of the floor piping system (see diagrams in subparagraph (F) in this paragraph).
(F)
Typical details:
Figure: 10 TAC §80.56(i)(2)(F) (No change.)
(j)
Electrical Connections: Depending on the model and/or manufacturer
of the home, electrical crossovers may be located in either the front end
and/or rear end of the home. Check along mating line for other labeled access
panels.
(1)
Crossover connections may be one of the following:
(A)
approved snap or plug-in type;
(B)
junction boxes inside floor cavity (note: crossover wiring
routed outside the floor cavity must be enclosed in conduit). If the boxes
and/or covers are metal, they must be grounded by the use of the ground wire;
or
(C)
pigtail between receptacles/switches between sections (one
circuit only).
(2)
Chassis Bonding: Each chassis shall be bonded to the adjacent
chassis with a solid or stranded, green insulated or bare, number 8 copper
conductor. The conductor is connected to the steel chassis with a solderless
lug. Alternate bonding: A 4 inch wide by 30 gauge continuous metal strap may
be used as an alternate, when attached to the chassis members with two #8x
3/4 inch self tapping metal screws each end of the strap.
Figure: 10 TAC §80.56(j)(2) (No change.)
(3)
typical crossover details:
Figure: 10 TAC §80.56(j)(3) (No change.)
(4)
Shipped loose equipment:
(A)
Electrical equipment such as ceiling fans, chandeliers,
exterior lights, etc., which may have been shipped loose, must be installed
in accordance with the adopted National Electric Code (NEC). Connect all corresponding
color coded or otherwise marked conductors per the applicable sections of
the NEC.
(B)
Bonding strap removal: 240 volt appliances (range, dryer,
etc.) shall have the bonding strap removed between the ground and the neutral
conductors. Cords used to connect those appliances shall be four conductor,
four prong.
(5)
Electrical testing: At the time of installation, the following
tests must be performed:
(A)
All site installed or shipped loose fixtures shall be subjected
to a polarity test to determine that the connections have been properly made.
(B)
All grounding and bonding conductors installed or connected
during the home installation shall be tested for continuity, and
(C)
All electrical lights, equipment, ground fault circuit
interrupters and appliances shall be subjected to an operational test to demonstrate
that all equipment is connected and functioning properly.
(6)
Main panel box feeder connection: The main panel box is
wired with the grounding system separated from the neutral system (4-wire
feeder). The grounding bus in the panel must be connected through a properly
sized green colored insulated conductor to the service entrance equipment
(meter base) located on or adjacent to the home. Refer to the following table
for proper feeder conductor sizes.
Figure: 10 TAC §80.56(j)(6) (No change.)
(k)
Fuel Gas Piping Systems:
(1)
Crossover Connections: All underfloor fuel gas pipe crossover
connections shall be accessible and be made with the connectors supplied by
the home manufacturer, or, if not available, with flexible connectors listed
for exterior use and a listed quick disconnect (Method A), or a shut-off valve
(Method B). When shut-off valve is used, it must be installed on the supply
side of the gas piping system. The crossover connector must have a capacity
rating (BTUH) of at least the total BTUH's of all appliances it serves.
(2)
Testing: The fuel gas piping system shall be subjected
to an air pressure test of no less than 6 ounces and no more than 8 ounces.
While the gas piping system is pressurized with air, the appliance and crossover
connections shall be tested for leakage with soapy water or bubble solution.
This test is required of the person connecting the gas supply to the home,
but may also be performed by the gas utility or supply company.
Figure: 10 TAC §80.56(k)(2) (No change.)
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on March 16, 2004.
TRD-200401987
Timothy K. Irvine
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Effective date: May 2, 2004
Proposal publication date: September 19, 2003
For further information, please call: (512) 475-2208
Subchapter D. STANDARDS AND REQUIREMENTS