(Previously called mobile home.)
(1)
Authority to promulgate
rules. Pursuant to Public Law
93-383, Section 604, of the National
Manufactured Home Construction and Safety Act of 1974, specified in
42 U.S.C.
5403 and signed into law on August 22, 1974,
the authority to promulgate rules and regulations in order to establish federal
manufactured home construction standards and procedures of enforcement were
established by Congress and subsequent provisions for their implementation were
so granted to the United States Department of Housing and Urban Development
(HUD). Title VI of this Act authorizes the secretary of HUD to promulgate the
federal standards and to issue the rules and regulations to ensure adequate
administration and enforcement of such standards.
(2)
Scope and applicability.
a. Provisions contained within Part 2 shall
apply to all factory-built structures defined as a "manufactured home" in
subrule 16.620(4) of Part 2. These regulations shall govern manufactured homes
that enter the first stage of production on or after June 15, 1976, and
manufactured homes that entered the first stage of production prior to June 15,
1976, to which HUD (Department of Housing and Urban Development) labels were
affixed. These provisions supersede all local, state, or other governmental
regulations for manufactured home standards and are applicable for every
manufactured home unit newly manufactured and offered for sale in the United
States and its governing territories. These provisions do not apply to the
following:
(1) Factory-built structures which
comply with the requirements of Division VI, Part 1 of the state building
code.
(2) Manufactured homes
manufactured for installation in the state of Iowa on or after February 1,
1973, and prior to June 15, 1976.
b. Construction of multifamily manufactured
homes, manufactured home add-on units, and temporary field construction offices
will be covered by the provisions of Division VI, Part 2, however, the
administration and the enforcement of the rules and regulations will apply as
specified in Division VI, Part 1 for modular structures. These units will not
bear a seal issued by the Department of Housing and Urban Development, but will
bear an Iowa seal and be governed by all seal provisions outlined accordingly
in Division VI, Part 1.
(3)
Manufacture of units prior to
June 15, 1976. Manufactured home units, add-on units, multifamily
manufactured homes and temporary field construction offices that were
manufactured for installation in Iowa prior to June 15, 1976, which established
the effective date of the HUD standard, shall have been constructed to the
standards of manufactured homes of the Iowa state building code which was in
effect at the time of manufacture.
(4)
Definitions and terms.
Terms and definitions for purposes of clarification when used in Part 2. (See
also subrule 16.610(3).)
"Anchoring equipment. " Straps, cables,
turnbuckles, clamps, clips, and other fasteners including tensioning devices,
which are used with ties to secure a manufactured home to ground
anchors.
"Anchoring system. " A combination of ties,
anchoring equipment, and ground anchors that will, when properly designed and
installed, resist overturning and lateral movement of the manufactured home
from wind forces.
"Approved installer." Approval by the
commissioner or the commissioner's designated representative of a person,
dealer, agency or organization, qualified to inspect, or install ground
anchoring and support systems for manufactured homes or other manufactured
structures, who installs units, for others, at a site of occupancy by attaching
support and anchoring systems, and is familiar with and has agreed to comply
with these installation procedures.
"Certificate, installation. " The certificate
provided by the installer to both the commissioner and the owner which warrants
that the installation system complies with these rules. When an installer
installs only the support system or anchorage system, an installation
certificate shall also be completed and copies distributed accordingly for each
installation and with the applicable information completed on the certificate
pertinent to that type of installation (see subrule 16.623(5)).
"DAPIA." A design inspection agency approved
by HUD to perform in-plant design reviews on all drawings and specifications in
order to provide compliance to the HUD standard for manufactured home
construction.
"Diagonal tie (frame tie). " A tie intended
primarily to resist horizontal or shear forces and which may secondarily resist
vertical, uplift, and overturning forces.
"Ground anchor. " Any device at the
manufactured home site designed to transfer manufactured home anchoring loads
to the ground.
" IPIA." A production inspection agency
approved by HUD to perform the in-plant quality assurance inspection programs
within manufactured home manufacturing facilities.
"Label or certification label. " The approved
form of certification by the manufacturer that is affixed to each transportable
section of each manufactured home manufactured for sale to a purchaser in the
United States or its governing territories.
"Main frame" (Chassis). The structural
component on which is mounted the body of the manufactured home.
"Manufactured home. " (Previously called
mobile home.) A structure transportable in one or more sections which when
erected on site measures 8 body feet or more in width and 40 body feet or more
in length or when erected on site is 320 or more square feet in area, and which
is built on a permanent chassis and designed to be used as a dwelling unit with
or without a permanent foundation when connected to the required utilities and
includes the plumbing, heating, air conditioning and electrical systems
contained therein.
"Manufactured home add-on." A structure which
is designed and produced and to be made an integral part of a manufactured home
and will be considered part of the manufactured home, when attached
thereto.
"Manufacturer's statement of origin " means a
certification signed by the manufacturer or importer that the manufactured home
described has been transferred to the person or dealer named and that the
transfer is the first transfer of the manufactured home in ordinary trade and
commerce. In addition to the information required by the Iowa Department of
Transportation definition 761-subrule 421.1(2), the label number required by
the federal regulations Section 3282.362(c)(2) 24 CFR Chapter XX shall be
included. (This number is commonly known as the HUD number.) The terms
"manufacturer's certificate," "importer's certificate," "MSO" and "MCO" shall
be synonymous with the term "manufacturer's statement of origin."
"Multifamily manufactured home. " Manufactured
homes designed and manufactured with more than one living unit.
"Pier. " That portion of the support system
between the pier foundation and the manufactured home exclusive of caps and
shims.
"Pier foundation (footing). " That portion of
the support system that transmits loads directly to the soil, and shall be
sized to support the loads shown herein.
"SAA." A state administrative agency approved
by the Department of Housing and Urban Development to participate in the
enforcement of all provisions to which a manufactured home is regulated under
the HUD standard.
"Seal, installation. " Is an insignia issued
by the commissioner which is attached to a manufactured home by the installer
to certify that the installation is in compliance with the requirements of the
state building code.
"Stabilizing system (tie-down system)." A
combination of the anchoring system and the support system when properly
installed. Therefore, components of the anchoring and support systems such as
piers, pier foundations, ties, anchoring equipment, anchors, or any other
equipment which supports or secures the manufactured home to the ground, shall
be defined as stabilizing devices. For the purposes of this code the definition
of a stabilizing system and the definition of a tie-down system shall be one
and the same.
"Support system. " A combination of pier
foundations, piers, caps, and shims that will, when properly installed, support
the manufactured home.
"Temporary field construction office. " A
factory-built structure used at a construction site as an office facility by
the personnel engaged in the construction of another structure or project. The
intent of this structure is to remain on the job site only as long as necessary
during the construction and then be removed before construction is
completed.
"Tie. " Strap, cable or securing device used
to connect the manufactured home to ground anchors.
"Tie-down system (stabilizing system). " Means
a ground support system and a ground anchoring system used in concert to
provide anchoring and support for a manufactured home.
"Vertical tie (over-the-top). " A tie intended
to resist the uplifting and overturning forces. This tie may continue
over-the-top but if properly attached may only extend partway up each
side.
(5)
Administration. This section covers the basic requirements for
constructing manufactured homes and all of the administrative procedures under
which the manufactured home program functions including information pursuant to
certification, approval and manufacturing requirements. This section also
applies to those structures defined in subrule 16.620(4) of Part 2 as
manufactured home add-on units, temporary field construction offices and
multifamily homes. There are also included within Part 2, (661-16.621(103A))
sections dealing with installation procedures and information pursuant to the
handling of consumer complaints (16.620(15)) consistent with the duties of the
state of Iowa to be performed as a State Administrative Agency (SAA) in
conjunction with the manufactured home program.
(6)
Manufactured home construction
requirements. All factory-built structures that are defined as a
manufactured home under subrule 16.620(4) of Part 2, shall be constructed to
the standards as promulgated by the United States Department of Housing and
Urban Development hereafter referred to as HUD. These standards were published
as final rules in the December 18, 1975, issue of the Federal Register, Volume
40, No. 244, and will be amended from time to time. These standards are herein
adopted and apply to all manufactured homes manufactured after June 15, 1976.
All provisions for manufactured home procedural and enforcement regulations are
covered within the May 13, 1976, Federal Register, Volume 41, No. 94. All
factory-built structures defined as a manufactured home by the federal standard
shall be manufactured and so regulated by these documents.
(7)
Procedures of approval for
manufactured homes. Every manufactured home unit or structure approval
will follow the method of third-party certification approval with all approvals
obtained through the HUD secretary. All manufactured home plans,
specifications, documentation, plant facilities and in-plant inspections must
be submitted to and approved by a third-party certification agency so
designated by the HUD secretary. Rules and regulations pursuant to these
procedures are outlined in the manufactured home procedural and enforcement
regulations, Parts 3282.201 through 3282.204 which set out requirements to be
met by states or private organizations which wish to qualify as primary
inspection agencies (see subrule 16.620(4) of Part 2 definitions for IPIA and
DAPIA).
(8)
Compliance
certification. Every manufactured home unit or structure must conform
to the certification requirements within section 3282.205 of the manufactured
home procedural enforcement regulatory document.
(9)
Certification seals (labels) and
other seal requirements. Every manufactured home unit or structure
must conform to the requirements within the manufactured home procedural and
enforcement regulatory document section 3282.362(c)(2) in lieu of Iowa
insignias. Other types of units manufactured under the requirements of Division
VI, Part 2, will be labeled as prescribed in subrules 16.620(10), 16.620(11)
and 16.620(12).
(10)
Manufactured home add-on units. Every factory-built structure
manufactured as a manufactured home add-on unit as defined in subrule 16.620(4)
of Part 2 shall be constructed to the standards set forth in subrule 16.620(6)
of Part 2 except that these units will bear an Iowa seal in accordance with the
provisions of the Iowa state building code, Division VI, Part 1. Manufacturers
of manufactured home add-on units with the exception of constructing to the HUD
standard, which has been herein adopted for these units, must comply with all
other provisions of the Iowa state building code as described within Division
VI, Part 1, for the factory-built structures.
(11)
Multifamily homes.
Every factory-built structure manufactured as a multifamily home within the
definition contained in subrule 16.620(4) of Part 2 shall be constructed to the
standards set forth in subrule 16.620(6) of Part 2 except that these units will
bear an Iowa seal in accordance with the provisions of the Iowa state building
code, Division VI, Part 1. Manufacturers of multifamily homes, with the
exception of constructing units to the HUD standard which has herein been
adopted for these units, must comply with all other provisions of the Iowa
state building code as described within Division VI, Part 1, factory-built
structures.
(12)
Temporary
field construction offices. Every factory-built structure manufactured
as a temporary field construction office within the definition as contained in
subrule 16.620(4) of Part 2 shall be constructed to the standards set forth in
subrule 16.620(6) of Part 2 except that these units will bear an Iowa seal in
accordance with the provisions of the Iowa state building code, Division VI,
Part 1. Manufacturers of temporary field construction offices, with the
exception of constructing units to the HUD standard which has herein been
adopted for these units, must comply with all other provisions of the Iowa
state building code as described within Division VI, Part 1, factory-built
structures.
(13)
Seal types
for manufactured home add-on units, temporary field construction offices and
multifamily homes. When ordering seals for manufactured home add-on
units, temporary field construction offices or multifamily manufactured homes,
each manufacturer will indicate the number of each type of seal requested and
the letter prefix required. Examples of seals issued are as follows:
(A00-0000MH), (B00-0000MH), C, D, and E, etc. Single units are without prefix
letters (00-0000MH). For more details, see Division VI, Part 1, subrule
16.610(21).
It is noted that manufactured home type seals shall be attached
to all of these type units. All other procedures for seal issuance, removal,
damage, repossession and return are to conform with provisions of this code as
outlined in Division VI, Part 1.
(14)
Noncompliance. Failure
to conform to the provisions of Part 2 as they apply to the federal standard
for the construction of manufactured homes is subject to the penalties where
applicable as set forth within Division VI, Part 1. The state of Iowa having
adopted the federal standard and the enforcement regulations shall participate
in the federal program as an agent of HUD thereby providing assurances to
ensure code compliance when these units are offered for sale for subsequent
installation within the state of Iowa.
(15)
Consumer complaints.
The state building code bureau serving as an approved State Administrative
Agency (SAA) for the Federal Department of Housing and Urban Development shall
receive complaints and process them in accordance with the requirements of the
federal regulations as outlined in subpart I, paragraph 3282.401, entitled,
"Consumer Complaint Handling and Remedial Actions of the Manufactured Home
Procedural and Enforcement Document." These specific complaints are categorized
as possible imminent safety hazards or possible failures to conform to the
federal standard. Imminent safety hazards shall be those items that could
result in an unreasonable risk of injury or death to the occupants of the
manufactured homes. Failures to conform to the federal standard are those items
that do not result in an unreasonable risk of injury or death to the occupants
of manufactured homes, but nevertheless do not meet the provisions of the
federal standard in some specific manner.
