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 (the "Department") proposes to amend 10 TAC Chapter 80, §§80.2, 80.20 - 80.22, 80.25, 80.32, 80.33 and 80.100 relating to the regulation of the manufactured housing program. The rules are revised for clarification and to comply with requirements of the Federal Installation Standards that became effective on January 1, 2009.
Section 80.2(16) - Added definition for Frost Line Zone and renumbered definitions (17) through (26).
Section 80.20(b) - Revised to indicate the section is only relating to used manufactured homes.
Section 80.20(e) - Removed subsection.
Section 80.21(a) - Added new subsection to reference installation of new homes.
Section 80.21(b) - Moved previous (a) to (b) and indicated that this section pertains to used homes.
Section 80.21(c) - Relettered (b) to (c).
Section 80.21(d) - Relettered (c) to (d).
Section 80.21(e) - Relettered (d) to (e) and revised section to differentiate site preparation responsibility for new and used homes.
Section 80.21(f) - Relettered (e) to (f).
Section 80.21(g) - Relettered (f) to (g).
Section 80.21(h) - Relettered (g) to (h) and revised section to differentiate drainage responsibility for new and used homes.
Section 80.21(i) - Added new subsection for Frost Line Zone.
Section 80.22(a) - Clarified that this section only pertains to used homes.
Section 80.25(i)(1) - Clarified that last sentence of paragraph only relates to used homes.
Section 80.32(g) - Clarified in last sentence of subsection that the installer of a new home is responsible for the required site preparation.
Section 80.33(k)(1) - Clarified that the site preparation notice is only for used homes.
Section 80.33(k)(3) - Referenced §1201.255 of the Standards Act as requirement to promulgate disclosure form.
Section 80.100(a)(12) - Revised name of form to clarify it is for used homes.
Section 80.100(a)(33) - Revised name of form to clarify it is for used homes.
Section 80.100(a)(45) and (46) - Added new form number (45) and (46) to the list of forms.
Figure: 10 TAC §80.100(b)(8) - Revised the site preparation section in the Consumer Disclosure Statement.
Figure: 10 TAC §80.100(b)(10) - Updated the Retail Monitoring Checklist to include additional requirements and removed the Wind Zone Notice and Insulation Disclosure that are no longer required.
Figure: 10 TAC §80.100(b)(12) - Updated the form to clarify it only pertains to used homes.
Figure: 10 TAC §80.100(b)(16) - Updated to clarify installation requirements of new and used homes.
Figure: 10 TAC §80.100(b)(17) - Updated the Installation Checklist to clarify the reference to the site preparation notice is only for used homes.
Figure: 10 TAC §80.100(b)(33) - Updated to clarify the site preparation notice is only for used homes.
Figure: 10 TAC §80.100(b)(38) - Updated to clarify installation requirements of new and used homes.
Figure: 10 TAC §80.100(b)(45) - New Spanish version of the Consumer Disclosure Statement.
Figure: 10 TAC §80.100(b)(46) - New HUD required installation program disclosure.
Joe A. Garcia, Executive Director of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, has determined that for the first five-year period that the proposed rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering these sections.
There will be an effect on small or micro-businesses because of the proposed amendments relating to installing homes in the Frost Line Zone, 10 TAC §80.21(i). The costs of a singlewide home installed in the Frost Line Zone will increase approximately $900 and a doublewide home will increase approximately $1,400. This increase applies only to the 42 counties designated in the Frost Line Zone. There will be approximately 439 homes installed annually in the Frost Line Zone. We anticipate that the cost will be passed on to the consumer.
Except for the above, there are no other proposed amendments expected to have material economic costs to persons/businesses that are required to comply with the proposed rules.
Mr. Garcia also has determined that for each year of the first five years that the proposed rules are in effect the public benefit as a result of enforcing the amendments will be to provide clarification of procedures and compliance with the Federal Installation Standards.
Mr. Garcia has also determined that for each year of the first five years the proposed rules are in effect there should be no adverse effect on a local economy, and therefore no local employment impact statement is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
If requested, the Department will conduct a public hearing on this rulemaking, pursuant to the Administrative Procedure Act, Texas Government Code §2001.029. The request for a public hearing must be received by the Department within 15 days after publication.
Comments may be submitted to Mr. Joe A. Garcia, Executive Director of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, P.O. Box 12489, Austin, Texas 78711-2489 or by e-mail at the following address joe.garcia@tdhca.state.tx.us. The deadline for comments is no later than 30 days from the date that these proposed rules are published in the Texas Register.
SUBCHAPTER A. CODES, STANDARDS, TERMS, FEES AND ADMINISTRATION
The amended section is proposed under the Texas Manufactured Housing Standards Act, Occupations Code, 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, §2306.6014 and §2306.6020, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.
No other statutes, codes, or articles are affected by the proposed rule.
§80.2.Definitions.
Terms used herein that are defined in the Code and the Standards Act have the meanings ascribed to them therein. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (15) (No change.)
(16) Frost Line Zone--An area in Texas designated by the Department, as having a frost line depth to consider when conforming with federal rules.
(17) [(16)] 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.
(18) [(17)] Inventory Lender--A
person that is involved in extending credit for inventory financing
secured by manufactured housing.
(19) [(18)] 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.
(20) [(19)] 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.
(21) [(20)] Main frame--A chassis
or structure serving a similar purpose.
(22) [(21)] Manufactured home
identification numbers--HUD label number, serial number, or Texas
seal number. For the purpose of maintaining ownership and location
records, including the perfection of liens, 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 in upper left corner on the end opposite the
tongue end and used for identification in lieu of the HUD label number.
(23) [(22)] Manufactured home
site--That area of a lot or tract of land on which a manufactured
home is or will be installed.
(24) [(23)] Permanent foundation--A
foundation which meets the requirements of §80.21 of this chapter
(relating to Requirements for the Installation of Manufactured Homes)
and was constructed according to drawings, as required by that section,
which state that the foundation is a permanent foundation for a manufactured home.
(25) [(24)] Promptly--Means within
the time prescribed by the Standards Act, these Rules, and any administrative
order (including any properly granted extension) or, in the case of
a matter that constitutes an imminent threat to health or safety,
as quickly as reasonably possible.
(26) [(25)] Stabilization systems--A
combination of the anchoring and support system. It includes, but
is not limited to the following components:
(A) 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, but are not limited to auger anchors, rock anchors, slab anchors, ground anchors, stabilizing devices, connection bolts, j-hooks, buckles, and split bolts.
(B) Anchoring equipment--Straps, cables, turnbuckles, tubes, and chains, including tensioning devices, which are used with ties to secure a manufactured home to anchoring components or other devices.
(C) Anchoring systems--Combination of ties, anchoring components, and anchoring equipment that will resist overturning and lateral movement of the manufactured home from wind forces.
(D) Diagonal tie--A tie intended to primarily resist horizontal forces, but which may also be used to resist vertical forces.
(E) Footing--That portion of the support system that transmits loads directly to the soil.
(F) Ground anchor--Any device at the manufactured home site designed to transfer manufactured home anchoring loads to the ground.
(G) Longitudinal ties--Designed to prevent lateral movement along the length of the home.
(H) Shim--A wedge-shaped piece of hardwood or other registered component not to exceed one (1) inch vertical (actual) height.
(I) 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.
(J) Support system--A combination of footings, piers, caps and shims that support the manufactured home.
(K) Vertical tie--A tie intended primarily to resist the uplifting and overturning forces.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 20, 2009.
TRD-200901139
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: May 3, 2009
For further information, please call: (512) 475-2206
The amended sections are proposed under the Texas Manufactured Housing Standards Act, Occupations Code, 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, §2306.6014 and §2306.6020, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.
No other statutes, codes, or articles are affected by the proposed rules.
§80.20.Requirements for Manufacturer's Designs and Installation Instructions.
(a) (No change.)
(b) For used manufactured homes, if [If]
a manufacturer determines that one or more of its homes requires a
deviation from the generic standards to protect the structural integrity
of the home, the manufacturer must include instructions for the necessary
deviation in the manufacturer's DAPIA-approved installation instructions
and provide a list of all homes affected. The manufacturer must provide
a copy to the Department along with a letter informing the Department
of the required deviation included in the instructions and giving
the Department permission to reproduce and release copies of such
instructions upon request. On the Department's website, the Department
will maintain a current list of all required deviations from generic
standards and will provide a copy to anyone who requests it.
(c) - (d) (No change.)
[(e) If the Department
finds that the manufacturer's instructions do not address all matters
necessary to enable the Department to inspect an installation, the
Department will advise the manufacturer that the State Generic Instructions
will be used for matters not addressed and request that the manufacturer
amend its DAPIA approved instructions within thirty days (30) of notification.
The Executive Director may grant a limited number of extensions as
needed.]
§80.21.Requirements for the Installation of Manufactured Homes.
(a) All new manufactured homes shall be installed by a licensed installer and in accordance with the home manufacturer's DAPIA-approved installation instructions.
(b) [(a)] All used [
When they are installed, all] manufactured homes shall be installed
by a licensed installer to resist overturning and lateral movement
of the home, and the installation must be completed in accordance
with instructions appropriate for the Wind Zone where the home is
to be installed as per one of the following:
(1) the home manufacturer's DAPIA-approved installation instructions;
(2) the state's generic standards set forth in §§80.22,
80.23, 80.24, and 80.25 of this subchapter (relating to Installation
Standards and Device Approvals) [chapter];
(3) the instructions for a stabilization system registered with the Department in accordance with §80.26 of this chapter (relating to Registration of Stabilizing Components and Systems); or
(4) the instructions for a special stabilization system which:
(A) may or may not be a permanent foundation;
(B) is for a particular manufactured home or an identified class of manufactured homes to be installed at a particular area with similar soil properties according to county soil survey or other geotechnical reports; and
(C) is either:
(i) a pre-existing foundation for which a professional engineer or architect licensed in Texas has issued written approval for the installation of a particular home, and the written approval shall be submitted to the Department with the installation report; or
(ii) installed in accordance with a custom designed stabilization system drawing that is stamped by a Texas licensed professional engineer or architect. A copy of the stabilization system drawing must be forwarded to the Department along with the installation report.
(c) [(b)] When a home is installed
on a stabilization system registered with the Department or a special
stabilization system, the installer must follow the home manufacturer's
DAPIA-approved installation instructions for any aspect of the installation
that is not covered by the system's installation instructions or drawings.
(d) [(c)] The installer must
use stabilizing components that have the required capacity and install
them according to the anchor or stabilizing component manufacturer's
current installation instructions. All stabilizing components must
be resistant to all effects of weathering including that encountered
along the Texas gulf coast. Anchors must be made resistant to corrosion.
Nonconcrete stabilizing components and systems for use within 1500
feet of the coastline shall be specifically certified for this use.
Preservative treated (PT) wood components shall conform to the applicable
standards issued by the American Wood Preserver's Association and
referenced by the latest edition of the International Residential
Code. The use of re-conditioned equipment (i.e. anchor, strap, and
clip) or any anchoring component by licensed installer on the new
installations is not permitted. Homeowners are exempt from this requirement
provided the integrity of the component is acceptable and approved
by the state and the original product number, vendor name, and/or
patent number must be legible on the product.
(e) [(d)] Site Preparation Responsibilities
and Requirements:
(1) The responsible installer of a new manufactured home is responsible for the proper preparation of the site where the manufactured home will be installed.
(2) [(1)] A consumer acquiring a used
manufactured home to be installed [, new orused,
] is responsible for the proper preparation of the site
where the manufactured home will be installed except as set forth
in §80.22 of this chapter (relating to Generic Standards for
Moisture and Ground Vapor Controls).
(3) [(2)] Whenever a licensed
retailer intends to sell a used manufactured home, regardless
of where it is located or is to be located, the retailer is required
to give the consumer the Site Preparation Notice, for signature by
the consumer, in the form set forth in Subchapter I of this chapter
(relating to Forms) PRIOR to the execution of any binding sales agreement.
(4) [(3)] Whenever a licensed
installer proposes to move a used manufactured home, the installer
is required to give the consumer the Site Preparation Notice, for
signature by the consumer, in the form set forth in Subchapter I of
this chapter PRIOR to entering into a binding agreement to move that home.
(f) [(e)] If at the time of installation
or within 90 days thereafter as stated on the contract, the retailer
or installer provides the materials for skirting or contracts for
the installation of skirting, the retailer or installer is responsible
for installing any required moisture and ground vapor control measures
in accordance with the home installation instructions, specifications
of a registered stabilization system, or the generic standards and
shall provide for the proper cross ventilation of the crawl space.
If the consumer contracts with a person other than the retailer or
installer for the skirting, the consumer is responsible for installing
the moisture and ground vapor control measures and for providing for
the proper cross ventilation of the crawl space.
(g) [(f)] Clearance: If the manufactured
home is installed according to the state's generic standards, 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 §80.25 of this chapter (relating to Generic
Standards for Multi-Section Connections Standards) for additional
requirements for utility connections. The Installer must remove all
debris, sod, tree stumps and other organic materials from all areas
where footings are to be located.
(h) [(g)] Drainage: The
Installer is responsible for proper site drainage where a new manufactured
home is to be installed unless the home is installed in a rental community.
The consumer is responsible for proper site drainage where a used
[the] manufactured home [(new or used)]
is to be installed unless the home is installed in a rental community.
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.
(i) Frost Line Zone.
(1) The following Texas counties have a 12 inch frost line depth to consider for the installation of a new manufactured home: Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Foard, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, King, Knox, Lamb, Lipscomb, Lubbock, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Wheeler, and Wilbarger.
(2) For a new home to be installed in a Frost Line Zone county, footings placed in freezing climates must be designed using methods and practices that prevent the effects of frost heave by one of the following methods:
(A) Conventional footings. Conventional footings must be placed below the frost line depth for the site unless an insulated foundation or monolithic slab is used (refer to 24 CFR §3285.312(b)(2) and 24 CFR §3285.312(b)(3)).
(B) This is not subject to the provisions in 24 CFR §3285.2(c) that also require review by the manufacturer and approval by its DAPIA for any variations to the manufacturer's installation instructions for support and anchoring.
(C) Monolithic slab systems. A monolithic slab is permitted above the frost line when all relevant site-specific conditions, including soil characteristics, site preparation, ventilation, and insulative properties of the under floor enclosure, are considered and anchorage requirements are accommodated as set out in 24 CFR §3285.401. The monolithic slab system must be designed by a registered professional engineer or registered architect:
(i) In accordance with acceptable engineering practice to prevent the effects of frost heave; or
(ii) In accordance with SEI/ASCE 32-01 as defined in 24 CFR §3285.4.
(D) Insulated foundations. An insulated foundation is permitted above the frost line, when all relevant site-specific conditions, including soil characteristics, site preparation, ventilation, and insulative properties of the under floor enclosure, are considered, and the foundation is designed by a registered professional engineer or registered architect:
(i) In accordance with acceptable engineering practice to prevent the effects of frost heave; or
(ii) In accordance with SEI/ASCE 32-01 as defined in 24 CFR §3285.4.
§80.22.Generic Standards for Moisture and Ground Vapor Controls.
(a) If the used manufactured home is installed according to the state's generic standards and the space under the home is to be enclosed with skirting and/or other materials provided by the retailer and/or installer, the enclosure must meet the following requirements:
(1) - (4) (No change.)
(b) (No change.)
§80.25.Generic Standards for Multi-Section Connections Standards.
(a) - (h) (No change.)
(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 used [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.
Figure: 10 TAC §80.25(i)(1) (No change.)
(2) (No change.)
(j) - (k) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 20, 2009.
TRD-200901140
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: May 3, 2009
For further information, please call: (512) 475-2206
The amended sections are proposed under the Texas Manufactured Housing Standards Act, Occupations Code, 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, §2306.6014 and §2306.6020, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.
No other statutes, codes, or articles are affected by the proposed rules.
§80.32.Retailers' Responsibilities and Requirements.
(a) - (f) (No change.)
(g) On a new manufactured home and on any used manufactured home where the sale, exchange or lease-purchase includes installation, the retailer must specify in the applicable contract or an accompanying written disclosure the intended date by which installation will be complete and a designated person to contact for the current status as to the intended date for completion of installation. For new manufactured homes, the retailer is responsible for ensuring that a licensed installer warrants the proper installation of the home and performs the required site preparation.
(h) - (v) (No change.)
§80.33.Installers' Responsibilities and Requirements.
(a) - (j) (No change.)
(k) Each installer shall maintain the following books and records for each installation:
(1) verification that the required site preparation notice for a used home was signed by the consumer and timely delivered to a consumer by the licensee;
(2) (No change.)
(3) if the home is to be installed on a site that has evidence of ponding, run-off, or uncompacted soil, a signed form from the consumer, acknowledging the condition and accepting the risks, such form to be as set forth in Subchapter I of this chapter (relating to Forms) and §1201.255 of the Standards Act;
(4) - (8) (No change.)
(l) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 20, 2009.
TRD-200901141
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: May 3, 2009
For further information, please call: (512) 475-2206
The amended section is proposed under the Texas Manufactured Housing Standards Act, Occupations Code, 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, §2306.6014 and §2306.6020, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.
No other statutes, codes, or articles are affected by the proposed rule.
§80.100.List of Forms.
(a) The following list is in numerical order with the forms located in subsection (b) of this section.
(1) - (11) (No change.)
(12) Notice and Informed Consent to the Installation of a Used Manufactured Home on an Improperly Prepared Site.
(13) - (32) (No change.)
(33) Site Preparation Notice for Used Homes Form.
(34) - (44) (No change.)
(45) Consumer Disclosure Statement (Spanish Version).
(46) HUD Required Installation Program Disclosure to Consumer.
(b) Forms.
(1) - (7) (No change.)
(8) Consumer Disclosure Statement.
Figure: 10 TAC §80.100(b)(8) (.pdf)
(9) (No change.)
(10) Retail Monitoring Checklist.
Figure: 10 TAC §80.100(b)(10) (.pdf)
(11) (No change.)
(12) Notice and Informed Consent to the Installation of a Used Manufactured Home on an Improperly Prepared Site.
Figure: 10 TAC §80.100(b)(12) (.pdf)
(13) - (15) (No change.)
(16) Notice of Installation (Form T).
Figure: 10 TAC §80.100(b)(16) (.pdf)
(17) Installation Checklist.
Figure: 10 TAC §80.100(b)(17) (.pdf)
(18) - (32) (No change.)
(33) Site Preparation Notice for Used Homes Form.
Figure: 10 TAC §80.100(b)(33) (.pdf)
(34) - (37) (No change.)
(38) Probationary Notice of Installation (Form T).
Figure: 10 TAC §80.100(b)(38) (.pdf)
(39) - (44) (No change.)
(45) Consumer Disclosure Statement (Spanish Version).
Figure: 10 TAC §80.100(b)(45) (.pdf)
(46) HUD Required Installation Program Disclosure to Consumer.
Figure: 10 TAC §80.100(b)(46) (.pdf)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 20, 2009.
TRD-200901142
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: May 3, 2009
For further information, please call: (512) 475-2206