Part 1.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
Chapter 80.
MANUFACTURED HOUSING
Subchapter D. STANDARDS AND REQUIREMENTS
10 TAC §80.54
The Manufactured Housing Division of the Texas Department
of Housing and Community Affairs (the "Department") proposes amendments to §80.54,
relating to standards for the installation of manufactured homes.
Section 80.54(b)(1) updates the Department’s rules regarding site
preparation for the installation of a manufactured home to address those situations
where, because the home has already been installed or the home will be installed
under circumstances that the consumer cannot control, the consumer needs to
make sure that the party in a position to prepare the site has done so or
will do so rather than assuming a responsibility that the consumer is unable
to carry out.
Figure: 10 TAC §80.54(c) - Moved to §80.54(g) and improved the language in the Site Preparation Notice.
Figure: 10 TAC §80.54(d)(3) - Moved to §80.54(h)(3).
Figure: 10 TAC §80.54(d)(4) - Moved to §80.54(h)(4).
Figure: 10 TAC §80.54(d)(6) - Moved to §80.54(h)(6).
Figure: 10 TAC §80.54(d)(6)(B) - Moved to §80.54(h)(6)(B).
Figure: 10 TAC §80.54(d)(6)(C) - Moved to §80.54(h)(6)(C).
Figure: 10 TAC §80.54(d)(7) - Moved to §80.54(h)(7).
Figure: 10 TAC §80.54(d)(8) - Moved to §80.54(h)(8).
Figure: 10 TAC §80.54(d)(9)(A) - Moved to §80.54(h)(9)(A).
Figure: 10 TAC §80.54(d)(9)(D) - Moved to §80.54(h)(9)(D).
Figure: 10 TAC §80.54(g) - Moved from §80.54(c) and improved
the language in the Site Preparation Notice for better clarification. The
revised language alerts the consumer to instances where they may need to do
additional work to be sure of the accuracy of their site preparation.
Figure: 10 TAC §80.54(h)(3) - Moved from §80.54(d)(3). No change
in the content.
Figure: 10 TAC §80.54(h)(4) - Moved from §80.54(d)(4). No change
in the content.
Figure: 10 TAC §80.54(h)(6) - Moved from §80.54(d)(6). No change
in the content.
Figure: 10 TAC §80.54(h)(6)(B) - Moved from §80.54(d)(6)(B).
No change in the content.
Figure: 10 TAC §80.54(h)(6)(C) - Moved from §80.54(d)(6)(C).
No change in the content.
Figure: 10 TAC §80.54(h)(7) - Moved from §80.54(d)(7). No change
in the content.
Figure: 10 TAC §80.54(h)(8) - Moved from §80.54(d)(8). No change
in the content.
Figure: 10 TAC §80.54(h)(9)(A) - Moved from §80.54(d)(9)(A).
No change in the content.
Figure: 10 TAC §80.54(h)(9)(D) - Moved from §80.54(d)(9)(D).
No change in the content.
Bobbie Hill, 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 the amendments are in effect there will be
no fiscal implications for state or local government as a result of enforcing
or administering the amendments.
Ms. Hill also has determined that for each year of the first five years
the amendments are in effect the public benefit as a result of enforcing the
amendments will be: clarification of rules that will increase compliance;
improved quality of home installation; and improved gathering of data to facilitate
the administration of the Act.
The proposed amendments to §80.54 is expected to have no material
economic costs to persons/businesses who are required to comply with the amendments
as proposed.
Comments may be submitted to Ms. Bobbie Hill, 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 bhill@tdhca.state.tx.us. The deadline for comments is 30 days after
publication in the
Texas Register
.
The amendments are proposed under the Texas Manufactured Housing
Standards Act, Texas Civil Statutes, Article 5221f, §9, 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 proposed amendments.
§80.54.Standards for the Installation of Manufactured Homes.
(a)
All manufactured homes shall be installed in accordance
with one of the following:
(1)
the home manufacturer's installation instructions;
(2)
the state's generic standards set forth in this section, §80.55
of this title (relating to Anchoring Systems), §80.56 of this title (relating
to Multi-Section Connection Standards), and modified by any appendix filed
in accordance with §80.51(a)(2) of this title (relating to Manufactured
Home Installation Requirements);
(3)
a custom designed stabilization system;
(4)
a stabilization system pre-approved by the department;
or
(5)
on a permanent foundation.
(b)
Site Preparation Responsibilities and Requirements:
(1)
The purchaser of a manufactured home, new or used,
is responsible for the proper preparation of the site where the manufactured
home will be installed except as set forth in subsection (g) of this section:
[
(A)
In the case of a manufactured
home that is to be installed in a manufactured home rental community (as defined
in Local Government Code §232.007), the purchaser may not have the ability
to control the preparation of the site. Therefore, the purchaser should confirm
with the person who owns, leases, or manages the rental community that the
site has been properly prepared as required by Property Code, §94.151.
(B)
When a manufactured home is
sold already installed it is not possible for the purchaser to prepare the
site. Therefore, it is the responsibility of seller, if the seller is a licensed
retailer, to ensure that the site has been properly prepared.
(2)
Whenever a licensed retailer
intends to sell a manufactured home, regardless of where it is located or
is to be located, the retailer is required to give the proposed purchaser
the Site Preparation Notice, for signature by the consumer, in the form set
forth in subsection (g) of this section PRIOR to the execution of any binding
sales agreement.
(3)
Whenever a licensed installer
proposes to move a used manufactured home, the installer is required to give
the proposed purchaser the Site Preparation Notice, for signature by the consumer,
in the form set forth in subsection (g) of this section PRIOR to entering
into a binding agreement to move that home.
(c)
[
(d)
[
(e)
[
(f)
[
(1)
[
(2)
[
(g)
[
Figure: 10 TAC §80.54(g) (.pdf format)
[
(h)
[
(1)
Proper sizing of footings depends on the load carrying
capacity of both the piers and the soil. To determine the load bearing capacity
of the soil, the installer may use any of the following methods:
(A)
Pocket penetrometer:
(i)
Test a typical area adjacent to or within 10 feet of the
perimeter of the unit;
(ii)
Dig down to undisturbed soil. This should be a minimum
of 1 square foot surface area; and
(iii)
Using the pocket penetrometer take seven (7) readings,
eliminate the highest and the lowest and average the remaining five (5).
(B)
Soil surveys from the U.S. Department of Agriculture;
(C)
Values from tables of allowable or presumptive bearing
capacities given in local building codes. Such tables are commonly available
from the local authority having jurisdiction; or
(D)
Any other test data from soil analysis reports.
(2)
The footing must be placed on firm, undisturbed soil, or
fill compacted to at least 90% of its maximum relative density. Installation
on loose, noncompacted fill may invalidate the home's limited warranty.
(3)
Footer configurations:
Figure: 10 TAC §80.54(h)(3) (.pdf format)
[
(4)
Footer sizing and capacities: The following tables represent
maximum loads and spacings based on footer size and soil bearing capacity.
Other approved footers may be used if equal or greater in bearing area than
those footer sizes tabulated.
Figure: 10 TAC §80.54(h)(4) (.pdf format)
[
(5)
Piers and pier spacings: One of the most important parts
of home installation is proper pier installation. Incorrect size, location
or spacing of piers may cause serious structural damage to the home. Spacing
and location of piers shall be in accordance with the tables listed in these
standards (Table 3B, without perimeter piers; Table 3C, with perimeter piers).
(A)
Spacing shall be as even as practicable along each main
I-Beam. Pier spacing may exceed tabulated values up to 30% so long as the
total pier count remains the same. End piers are to be located within 24 inches
of the end of the main frame.
(B)
Piers shall extend at least 6 inches from the centerline
of the I-Beam or be designed to prevent dislodgment due to horizontal movement
of less than 4 inches.
(C)
Load bearing supports or devices shall be listed by an
independent testing laboratory, nationally recognized inspection agency, or
other nationally recognized organization and approved by the department. Engineers
or architects licensed in Texas may design load bearing supports or devices
for a single installation. A copy of the design for this particular home and
site shall be provided to the department before the home is installed, but
department approval is not required.
(D)
Sidewall openings greater than 4 feet shall have perimeter
piers located under each side of the opening, i.e. patio doors, recessed porches/entries,
bay windows and porch posts. Perimeter piers for openings are not required
for endwalls.
(6)
Pier design: Piers shall be constructed per the following details:
Figure: 10 TAC §80.54(h)(6) (.pdf format)
[
(A)
Shimming (if needed): Hardwood shims are commonly used
as a means for leveling the home and filling any voids left between the bottom
flange of the I-Beam and the top of the pier cap. Wedge shaped shims must
be installed from both sides of the I-Beam to provide a level bearing surface.
The allowable height must not exceed 1 inch. Shims shall be a minimum of 3
inches wide and 6 inches long. Over shimming should be avoided.
(B)
Table 3B - Pier loads (pounds) at tabulated spacings WITHOUT
perimeter supports:
Figure: 10 TAC §80.54(h)(6)(B) (.pdf format)
[
(C)
Table 3C - Pier loads (pounds) at tabulated spacings WITH
perimeter supports:
Figure: 10 TAC §80.54(h)(6)(C) (.pdf format)
[
(7)
Typical multi-section pier layout:
Figure: 10 TAC §80.54(h)(7) (.pdf format)
[
(8)
Typical single section pier layout:
Figure: 10 TAC §80.54(h)(8) (.pdf format)
[
(9)
Multi-section units mating line column supports:
(A)
On multi-section units, openings larger than 4 feet must
have piers installed at each end of the opening. To determine the pier loads,
refer to Table 3D in subparagraph (D) of this paragraph.
Figure: 10 TAC §80.54(h)(9)(A) (.pdf format)
[
(B)
Column loads for each section may be combined when the
columns are opposite each other. The footer must be sized for the combined
loading.
(C)
Additional piers are required under marriage walls (see
wall between column #3 and #4 in the Marriage Line Elevation drawing in subparagraph
(A) of this paragraph). The maximum spacing is the same as the spacing at
the main I-Beams, without perimeter piers, and one half the spacing of the
perimeter piers, with perimeter piers installed.
(D)
Table 3D: Mating line column loads (pounds).
Figure: 10 TAC §80.54(h)(9)(D) (.pdf format)
[
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 31, 2003.
TRD-200302109
Bobbie Hill
Deputy Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Proposed date of adoption: June 10, 2003
For further information, please call: (512) 475-2206
10 TAC §80.137
The Manufactured Housing Division of the Texas Department
of Housing and Community Affairs (Department) proposes new §80.137, which
will list and provide the format for all forms which the Division of Manufactured
Housing, Texas Department of Housing and Community Affairs (the "Department")
requires to be used in connection with the administration of the Texas Manufactured
Housing Standards Act (the "Act"). The Department will, from time to time,
make available on its website other forms which are suggested or "acceptable"
sample forms that do not require the use of a specific format, and those forms
are not included in this proposed regulation.
Section 80.137(a) sets forth those forms that are required forms to be
used in connection with the installation of manufactured homes; that are required
to be used in connection with the titling of manufactured homes; and that
are required to be used in connection with the administration of the Homeowners’
Recovery Fund, including the performing of reassigned warranty work under §14(k)
of the Standards Act.
Figure: 10 TAC §80.137(a)(1) - Notice of Installation Affidavit (Form T) (.pdf format)
Figure: 10 TAC §80.137(a)(2) - Down Payment Verification Affidavit (.pdf format)
Figure: 10 TAC §80.137(a)(3) - Covenant Disclosure Notice (.pdf format)
Figure: 10 TAC §80.137(a)(4) - Estimate for Reassigned Warranty Work (.pdf format)
Section 80.137(b) provides for the approval of alternative forms.
Bobbie Hill, 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 the new section is in effect there will be
no fiscal implications for state or local government as a result of enforcing
or administering the new section.
Ms. Hill also has determined that for each year of the first five years
the new section is in effect the public benefit as a result of enforcing the
new section will be: clarification of rules that will increase compliance;
improved quality of home installation; and improved gathering of data to facilitate
the administration of the Act.
The adoption of §80.137 is expected to have no material economic costs
to persons/businesses who are required to comply with the new section as proposed.
Comments may be submitted to Ms. Bobbie Hill, 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 bhill@tdhca.state.tx.us. The deadline for comments is 30 days after
publication in the
Texas Register
.
The new section is proposed under the Texas Manufactured Housing
Standards Act, Texas Civil Statutes, Article 5221f, §9, 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 proposed new rule.
§80.137.Required Forms.
(a)
The following forms are required by the Department to be
used for the purposes described therein, as set forth in the Standards Act:
(1)
Notice of Installation Affidavit/Form T;
Figure: 10 TAC §80.137(a)(1) (.pdf format)
(2) Down Payment Verification Affidavit;
Figure: 10 TAC §80.137(a)(2) (.pdf format)
(3) Covenant Disclosure Notice; and
Figure: 10 TAC §80.137(a)(3) (.pdf format)
(4) Estimate for Reassigned Warranty Work.
Figure: 10 TAC §80.137(a)(4) (.pdf format)
(b) Any alternative form or any modification of any of the foregoing forms may be accepted by the Department if the Director determines that all information necessary to the administration of the Standards Act has been provided and that in all other respects the alternative form or modified form is acceptable AND the director has evidenced such approval in writing
prior to the acceptance of any such alternative or modified form. The director
may require a legal opinion from counsel for the person seeking to use an
alternative or modified form that it complies with the Standards Act and addressing
such other legal issues as the director may determine. The director may place
limitations or conditions on the approval of any alternative or modified form.
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 31, 2003.
TRD-200302110
Bobbie Hill
Deputy Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: May 11, 2003
For further information, please call: (512) 475-2206
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. 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 sales agreement will be executed before the home is installed. 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 the following: The retailer or
installer shall install any required moisture and ground vapor control measures
in accordance with the home installation instructions, specifications of an
approved stabilization system, or the generic standards and shall provide
for 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 moisture and
ground vapor control measures and for providing for the proper cross ventilation
of the crawl space.
(3)
] 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 §80.56 of this title
(relating to Multi-Section Connection Standards) for additional requirements
for 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.
(4)
] Drainage: The purchaser is
responsible for proper site drainage where the manufactured home (new or used)
is to be installed unless the home is installed in a rental community. 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)
] Generic Moisture and Ground
Vapor Controls:
(A)
] If the 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, an access opening not less than 18 inches in any
dimension and not less than three square feet in area shall be provided by
the installer. The access opening shall be located so that any water supply
and sewer drain connections located under the home are accessible for inspections.
If a clothes dryer exhaust duct, air conditioning condensation drain, or combustion
air inlet is present, the installer must pass it through the skirting to the
outside. 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). 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.
(B)
] The retailer and/or installer
must notify the purchaser that moisture and ground vapor control measures
are required if the space under the home is to be enclosed. 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. The generic ground vapor control measure shall consist
of a ground vapor retarder that is minimum 6 mil polyethylene sheeting or
its equivalent, installed so that 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.
(c)
] Notice: The site preparation
notice to be given to the consumer shall be as follows:
Figure: 10 TAC §80.54(c)]
(d)
] Footers and Piers:
Figure: 10 TAC §80.54(d)(3)]
Figure: 10 TAC §80.54(d)(4)]
Figure: 10 TAC §80.54(d)(6)]
Figure: 10 TAC §80.54(d)(6)(B)]
Figure: 10 TAC §80.54(d)(6)(C)]
Figure: 10 TAC §80.54(d)(7)]
Figure: 10 TAC §80.54(d)(8)]
Figure: 10 TAC §80.54(d)(9)(A)]
Figure: 10 TAC §80.54(d)(9)(D)]
Subchapter E. GENERAL REQUIREMENTS