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24 CFR Ch. II (4–1–19 Edition)
concurrence. If the MFD does not concur, the DEC Compliance Plan will be
submitted to the Deputy Assistant Secretary for Housing and the Deputy Director of the DEC for review and concurrence. If the DEC Compliance Plan
remains unapproved, a final decision on
the plan will be made by HUD’s Deputy
Secretary in consultation with the
General Counsel, the Assistant Secretary for Housing, and the Director of
the DEC.
(iii) Following submission of the DEC
Compliance Plan to the owner, the
owner will be provided a period of 30
calendar days to review and accept the
DEC Compliance Plan. If the owner
agrees to comply with the DEC Compliance Plan, the plan will be forwarded
to the appropriate Multifamily Office
for implementation and monitoring of
completion of the plan’s requirements.
(2) Counter compliance plan proposal by
owner. The owner may submit an acceptable counter proposal to the DEC
Compliance Plan. An owner’s counter
proposal to a DEC Compliance Plan
must be submitted no later than the
30th day following submission of the
DEC Compliance Plan to the owner.
The DEC, in coordination with the
MFD, may enter into discussions with
the owner to achieve agreement to a
revised DEC Compliance Plan. If the
owner and the DEC agree on a revised
DEC Compliance Plan, the revised plan
will be forwarded to the appropriate
Multifamily Office for implementation
and monitoring of completion of the
plan’s requirements.
(3) Non-cooperation and Non-compliance by owner. If at the conclusion of
the 30th calendar day following submission of the DEC Compliance Plan to
the owner, the DEC receives no response from the owner, or the owner
refuses to accept the DEC Compliance
Plan, or to present a counter compliance plan proposal, or if the owner accepts the DEC Compliance Plan or revised DEC Compliance Plan, but refuses to take the actions required of
the owner in the plan, the DEC may
take appropriate enforcement action.
(4) No limitation on existing enforcement authority. The administrative
process provided in this section does
not prohibit the Office of Housing, the
DEC, or HUD generally, to take what-
ever action may be necessary when
necessary (notwithstanding the commencement of this process), as authorized under existing statutes, regulations, contracts or other documents, to
protect HUD’s financial interests in
multifamily properties and to protect
the residents of these properties.
(j) Limitations on material alteration of
physical inspection software. HUD will
not materially alter the physical inspection requirements in a manner
which would materially increase the
cost of performing the inspection.
[65 FR 77240, Dec. 8, 2000, as amended at 72
FR 54517, Sept. 25, 2007]
Subpart R [Reserved]
Subpart S—Minimum Property
Standards
§ 200.925 Applicability of minimum
property standards.
All housing constructed under HUD
mortgage insurance and low-rent public housing programs shall meet or exceed HUD Minimum Property Standards, except that this requirement
shall be applicable to manufactured
homes eligible for insurance pursuant
to § 203.43f of this chapter only to the
extent provided therein. The Minimum
Property Standards may be waived to
the same extent as the other regulatory requirements for eligibility for
insurance under the specific mortgage
insurance program involved.
[58 FR 60248, Nov. 15, 1993]
§ 200.925a Multifamily and care-type
minimum property standards.
(a) Construction standards. Multifamily or care-type properties shall
comply with the minimum property
standards contained in the handbook
identified in § 200.929(b)(2). In addition,
each such property shall, for the Department’s purposes, comply with:
(1) The applicable State of local
building code, if the property is located
within a jurisdiction which has a building code accepted by the Secretary
under § 200.925a(d); or
(2)(i) The applicable State or local
building code, and
(ii) Those portions of the codes identified in § 200.295c which are designated
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Office of Assistant Secretary for Housing, HUD
by the HUD Field Office serving the jurisdiction in which the property is to
be located, if the property is located in
a jurisdiction which has a building
code partially accepted by the Secretary; or
(3) The appropriate codes, as identified in § 200.925c(c), if the property is
not located within a jurisdiction which
has a building code accepted by the
Secretary.
(b) Conflicting standards. The minimum property standards contained in
the
handbook
identified
in
§ 200.929(b)(2) do not preempt state or
local standards, nor do they alter or affect a builder’s obligation to comply
with any state or local requirements.
However, a property shall be eligible
for benefits only if it complies with all
applicable minimum property standards, including referenced standards.
(c) Standard for evaluating local building codes. The Secretary shall compare
the portions of a local or State building code applicable to residential or institutional occupancy, as appropriate,
submitted under § 200.925a(d) to the list
of construction related areas contained
in § 200.925b.
(1) A State or local code will be accepted if it regulates each area on the
list.
(2) A State or local building code will
be partially accepted if it regulates
most of the areas on the list. However,
no code may be partially accepted if it
fails to regulate the subarea for seismic design (see § 200.925b(c)(5)), or if it
fails to regulate subareas in more than
one of the following major areas listed
in § 200.925b: fire safety, light and ventilation, structural loads and seismic
design, foundation systems, materials
standards, construction components,
glass, mechanical, plumbing, electrical, and elevators.
(3) For purposes of this paragraph, a
state or local code regulates an area if
it establishes a standard concerning
that area. However, for earthquake
loads (see § 200.925b(c)(5)), ASCE 7–88 is
mandatory.
(d) Review process and acceptance—(1)
Jurisdictions without previously accepted
building codes. The following submission requirements apply to developers
and other interested parties in jurisdictions without building codes, jurisdic-
§ 200.925a
tions with building codes which have
never been submitted for acceptance,
and jurisdictions with building codes
which have been submitted for acceptance and neither accepted nor partially
accepted by the Secretary.
(i) Developers or other interested
parties must comply with one of the
following by the time of application for
insurance or other benefits:
(A) The developer or other interested
party may choose to comply with the
appropriate codes as identified in
§ 200.925c. If the developer or other interested party so chooses, then the
multifamily or care-type property
shall be constructed in accordance with
one of the model codes designated in
paragraph (c)(1), (2) or (3) of § 200.925c
and with any other code or codes identified in the same paragraph. In such
instances, the developer or other interested party shall notify the Department of the code or group of codes with
which it intends to comply by the time
of application for insurance or other
benefits; or
(B) The developer or other interested
party may choose to comply with the
State or local building code, if such
code is acceptable to the Secretary. To
obtain the Secretary’s acceptance, the
developer or other interested party
shall submit the material specified in
paragraph (d)(1)(ii) of this section to
the HUD Field Office serving the jurisdiction in which the property is to be
constructed. Such material may be
submitted at any time; provided, however, that it must be submitted no
later than the time of application for
mortgage insurance or other benefits.
(ii) If, under paragraph (d)(1)(i)(B) of
this section, the developer or other interested party chooses to comply with
the State or local building code as prescribed in paragraph (a)(1) of this section, it shall submit the following material to the HUD field Office serving
the jurisdiction in which the property
is to be constructed:
(A) A copy of the jurisdiction’s building code, including all applicable service codes, appendices and referenced
standards; and
(B) A copy of the statute, ordinance,
regulation, or order establishing the
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§ 200.925b
24 CFR Ch. II (4–1–19 Edition)
code, if such statute, ordinance, regulation or order is not contained in the
building code itself.
However, the developer or other interested party need not submit any document already on file in the Field Office.
(2) Jurisdictions with previously accepted or partially accepted building codes.
The following submission requirements
apply to developers and other interested parties in any jurisdiction with a
building code which has been accepted
or partially accepted by the Secretary:
(i) At the time of application for
mortgage insurance or other benefits,
the developer or other interested party
shall submit to the HUD Field Office
serving the jurisdiction in which the
property is to be constructed.
(A) A certificate stating that, since
its acceptance by the Secretary, the jurisdiction’s building code has not been
changed; or
(B)(1) A copy of all changes to the jurisdiction’s building code, including all
applicable service codes and appendices, which have been made since the
date of the code’s acceptance by the
Secretary. However, the developer or
other interested party need not submit
any part already in the possession of
the Field Office; and
(2) A copy of the statute, ordinance
regulation, or order making such
changes in the code.
(3) Notification of decision. The Secretary shall review the material submitted under paragraphs (d) (1)(ii) and
(2)(i). Following that review, the Secretary shall issue a written notice (except in the case of a previously accepted code which hasn’t been changed) to
the submitting party stating whether
the State or local building code has
been accepted, partially accepted, or
whether the Secretary’s previous acceptance or partial acceptance has
been continued; the basis for the Secretary’s decision; and a notification of
the submitting party’s right to present
its views concerning the denial of acceptance if the code is neither accepted
nor partially accepted. The Secretary
may, in his discretion, permit either an
oral or written presentation of views.
(i) If a developer or other interested
party is notified that a State or local
building code has not been accepted,
then the multifamily or care-type
properties eligible for HUD benefits in
that jurisdiction shall be constructed
in accordance with the appropriate
codes indicated in § 200.925c(c). In such
instances, the developer or other interested party shall notify the HUD Field
Office of the code or codes with which
it chooses to comply, in accordance
with § 200.925a(d)(1)(i)(A).
(ii) If a developer or other interested
party is notified that a State or local
building code has been partially accepted, then the multifamily or caretype properties eligible for HUD benefits in that jurisdiction shall be constructed in accordance with the applicable State or local building code, plus
those additional requirements identified in the written notice issued by the
Secretary under § 200.925a(d)(3). The
written notice shall identify, in accordance with appendix J of the Handbook
identified in § 200.929(b)(2), those portions of the codes listed at § 200.925c(a)
with which the property must comply.
(iii) Each Regional Office will maintain a current list of jurisdictions with
accepted building codes and a current
list of jurisdictions with partially accepted building codes. The lists will
state the most recent date of each
code’s acceptance or partial acceptance
and will be available to any interested
party upon request. In addition, the
list of jurisdictions whose codes have
been partially accepted shall identify
those portions of the codes listed at
§ 200.925c(a) with which the property
must comply.
(Approved by the Office of Management and
Budget under control number 2502–0321)
[49 FR 18695, May 1, 1984, as amended at 51
FR 28699, Aug. 11, 1986; 58 FR 60248, Nov. 15,
1993; 59 FR 36695, July 19, 1994]
§ 200.925b Residential
and
institutional building code comparison
items.
HUD will review each local code submitted under this chapter to determine
whether it regulates all of the following areas and subareas:
(a) Fire safety. (1) Construction types
permitted;
(2) Allowable height and area;
(3) Fire separations;
(4) Fire resistance requirements;
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Office of Assistant Secretary for Housing, HUD
(5) Means of egress (number and distance);
(6) Individual unit smoke detectors;
(7) Building alarm systems;
(8) Highrise criteria;
(b) Light and ventilation. (1) Habitable
rooms;
(2) Bath and toilet rooms.
(c) Structural loads and seismic design.
(1) Design live loads;
(2) Design dead loads;
(3) Snow loads;
(4) Wind loads.
(5) Earthquake loads (in localities
identified by ASCE 7–88 (formerly ANSI
A58.1–82) as being in seismic zones 1, 2,
3, or 4, and Guam).
(6) Special loads, i.e., soil pressure,
railings, interior walls etc.
(d) Foundation systems. (1) Soil tests;
(2) Foundation depths;
(3) Footings;
(4) Foundation materials criteria;
(5) Piles, i.e., materials, allowable
stresses, design;
(6) Excavation;
(e) Materials standards.
(f) Construction components. (1) Steel;
(2) Masonry;
(3) Concrete;
(4) Gypsum;
(5) Lumber;
(6) Roof construction and covering;
(7) Chimneys and fireplaces.
(g) Glass. (1) Thickness/area requirements;
(2) Safety glazing.
(h) Mechanical. (1) Heating, cooling
and ventilation systems;
(2) Boilers and pressure vessels;
(3) Gas, liquid and solid fuel piping
and equipment;
(4) Chimneys and vents;
(5) Ventilation (air changes).
(i) Plumbing. (1) Materials standards;
(2) Sizing and installing drainage systems;
(3) Vents and venting;
(4) Traps;
(5) Cleanouts;
(6) Plumbing fixtures;
(7) Water supply and distribution;
(8) Storm drain systems.
(j) Electrical. (1) Wiring design and
protection;
(2) Wiring methods and materials;
(3) Equipment for general use;
(4) Special equipment;
(5) Special conditions;
§ 200.925c
(6) Communication systems.
(k) Elevators. (1) Reference ASME/
ANSI Standard A 17.1–1987; and the
ASME/ANSI A17.1b–1989 Addenda.
(2) Acceptance tests and periodic
tests.
[49 FR 18696, May 1, 1984, as amended at 51
FR 28699, Aug. 11, 1986; 58 FR 60248, Nov. 15,
1993; 59 FR 36695, July 19, 1994]
§ 200.925c Model codes.
(a) Incorporation by reference. The following publications are incorporated
by reference under 5 U.S.C. 552(a) and 1
CFR part 51. The incorporation by reference of these publications has been
approved by the Director of the Federal
Register. The locations where copies of
these publications are available are set
forth below.
(1) Model Building Codes—(i) The
BOCA National Building Code, 1993 Edition, The BOCA National Plumbing Code,
1993 Edition, and the BOCA National Mechanical Code, 1993 Edition, excluding
Chapter I, Administration, for the
Building, Plumbing and Mechanical
Codes and the references to fire retardant treated wood and a distance of 4
feet (1219 mm) from the wall in exception number 1 of paragraph 705.6 and
707.5.2 number 2 (Chapter 7) of the
Building Code, but including the Appendices of the Code. Available from
Building Officials and Code Administrators International, Inc., 4051 West
Flossmoor Road, Country Club Hills,
Illinois 60478.
(ii) Standard Building Code, 1991 Edition, including 1992/1993 revisions. Standard Plumbing Code, 1991 Edition, Standard Mechanical Code, 1991 Edition, including 1992 revisions, and Standard Gas
Code, 1991 Edition, including the 1992 revisions, but excluding Chapter I—Administration from each standard code
and the phrase ‘‘or fire retardant treated wood’’ in reference note (a) of table
600 (Chapter 6) of the Standard Building Code, but including Appendices A,
C, E, J, K, M, and R. Available from
the Southern Building Code Congress
International, Inc., 900 Montclair Road,
Birmingham, Alabama 35213.
(iii) Uniform Building Code, 1991 Edition, including the 1993 Accumulative
Supplement, but excluding Part I—Administrative, and the reference to fire
retardant treated plywood in section
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§ 200.926
24 CFR Ch. II (4–1–19 Edition)
2504(c)3 and to fire retardant treated
wood in 1–HR type III and V construction referenced in paragraph 4203.2.,
but including the Appendix of the Code.
Uniform Plumbing Code, 1991 Edition, including the 1992 Code Changes but excluding Part I—Administration, but including the Appendices of the Code.
Uniform Mechanical Code, 1991 Edition,
including the 1993 Accumulative Supplement but excluding Part I—Administrative, but including the Appendices
of the Code. All available from the
International Conference of Building
Officials, 5360 South Workman Mill
Road, Whittier, California 90601.
(2) National Electrical Code, NFPA 70,
1993 Edition, including appendices.
Available from the National Fire Protection
Association,
Batterymarch
Park, Quincy, Massachusetts 02269.
(3) National Standard Plumbing Code,
1993 Edition. Available from the National Association of Plumbing-Heating-Cooling Contractors, P.O. Box 6808,
Falls Church, Virginia 22046.
(b) Model Code Compliance Requirements. (1) When a multifamily or caretype property is to comply with one of
the model building codes set forth in
paragraph (a)(1) of this section, the following requirements of those model
codes shall not apply to those properties:
(i) Those provisions of the model
codes that do not pertain to residential
or institutional buildings;
(ii) Those provisions of the model
codes that establish energy requirements for multifamily or care-type
structures; and
(iii) Those provisions of the model
codes that require or allow the
issuance of permits of any sort.
(2) Where the model codes set forth in
paragraph (a)(1) of this section designate a building, fire, mechanical,
plumbing or other official, the Secretary’s designee in the HUD Field Office serving the jurisdiction in which
the property is to be constructed shall
act as such official.
(c) Designation of Model Codes. When a
multifamily or care-type property is to
comply with a model code, it shall
comply with one of the model codes
designated in paragraphs (c)(1), (2), or
(3) of this section, and with any other
code or codes identified in the same
paragraph. However, seismic design is a
mandatory requirement. In addition,
the property shall comply with all of
the standards that are incorporated
into the code or codes by reference. By
the time of application for insurance or
other benefits, the developer or other
interested party shall notify the Department of the code or group of codes
to which the developer intends to comply.
(1) The BOCA National Building Code,
The BOCA National Plumbing and The
BOCA National Mechanical Code, 1993
Editions.
(2) Standard Building Code, Standard
Plumbing Code, Standard Mechanical
Code and Standard Gas Code, 1991 Editions, including the revisions specified
in paragraph (a)(1)(ii) of this section,
and the National Electrical Code, 1993
Edition.
(3) Uniform Building Code, Uniform
Plumbing Code and Uniform Mechanical
Code, 1991 Editions, including the 1993
Accumulative Supplements to the
Building and Mechanical Codes, and
the 1992 Code Changes to the Uniform
Plumbing Code, and the National Electrical Code, NFPA 70, 1993 Edition.
(4) The National Electrical Code, NFPA
70, 1993 Edition.
[49 FR 18696, May 1, 1984, as amended at 51
FR 28699, Aug. 11, 1986; 58 FR 60248, Nov. 15,
1993; 59 FR 36695, July 19, 1994]
§ 200.926 Minimum property standards
for one and two family dwellings.
(a) Construction standards—(1) Applicable structures. The standards identified or contained in this section, and in
§§ 200.926a–200.926e, apply to single family detached homes, duplexes, threeunit homes, and to living units in a
structure where the units are located
side-by-side in town house fashion. Section 200.926d(c)(4) also applies to fourunit homes.
(2) Applicability of standards to new
construction. The standards referenced
in paragraph (a)(1) of this section are
applicable to structures which are:
(i) Approved for insurance or other
benefits prior to the start of construction, including approval under the Direct Endorsement process described in
§ 203.5 of this chapter, or under the
Lender Insurance process described in
§ 203.6 of this chapter;
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Office of Assistant Secretary for Housing, HUD
(ii) Approved for insurance or other
benefits based upon participation in an
insured warranty program; or
(iii) Insured as new construction
based upon a Certificate of Reasonable
Value issued by the Department of Veterans Affairs.
(b) Conflicting standards. The requirements contained in § 200.926d do not
preempt local or State standards, nor
do they alter or affect a builder’s obligation to comply with any local or
State requirements. However, a property shall be eligible for benefits only
if it complies with the requirements of
this subpart, including any referenced
standards. When any of the requirements identified in § 200.926c are in conflict with a partially accepted local or
state code, the conflict will be resolved
by the HUD Field Office servicing the
jurisdiction in which the property is to
be located.
(c) Standard for evaluating local or
state building codes. The Secretary shall
compare a local building code submitted under paragraph (d) of this section or a State code to the list of construction related areas contained in
§ 200.926a.
(1) A local or State code will be accepted if it regulates each area and
subarea on the list.
(2) A State or local building code will
be partially accepted if it regulates
most of the areas on the list. However,
no code may be partially accepted if it
fails to regulate the subarea for seismic design (see § 200.926a(c)(5)), or if it
fails to regulate subareas in more than
one of the following major areas listed
in § 200.926a: fire safety, light and ventilation, structural loads and seismic
design, foundation systems, materials
standards, construction components,
glass, mechanical, plumbing, and electrical.
(3) For purposes of this paragraph, a
local or State code regulates an area or
subarea if it establishes a standard
concerning that area or subarea. However,
for
earthquake
loads
(see
§ 200.926a(c)(5)), ASCE 7–88 is mandatory.
(d) Code selection. Any materials required to be submitted under this section must be submitted by the time the
lender or other interested party applies
§ 200.926
for mortgage insurance or other benefits.
(1) Jurisdictions without previously accepted building codes. The following submission requirements apply to lenders
and other interested parties in jurisdictions without building codes, jurisdictions with building codes which have
never been submitted for acceptance,
and jurisdictions with building codes
which previously have been submitted
for acceptance and have not been accepted or partially accepted by the
Secretary.
(i) In jurisdictions without local
building codes:
(A) If the State building code is acceptable, the lender or other interested
party must comply with the State
building code and the requirements of
§ 200.926d;
(B) If the State building code is partially acceptable, the lender or other
interested party must comply with:
(1) The acceptable portions of the
partially acceptable code; and
(2) Those portions of the CABO One
and Two Family Dwelling Code designated by the HUD Field Office in accordance with § 200.926c; and
(3) The requirements of § 200.926d.
(C) If there is no State building code
or if the State building code is unacceptable, the lender or other interested
party must comply with:
(1) The CABO One and Two Family
Dwelling
Code
as
identified
in
§ 200.926b(a); and
(2) The requirements of § 200.926d.
(ii) In jurisdictions with local building codes which have never been submitted for review, lenders or other interested parties must:
(A) Comply with the requirements of
paragraph (d)(1)(i) (A), (B) or (C) of this
section, as appropriate; or
(B) Request the Secretary’s acceptance of the local building code in accordance with paragraph (d)(1)(iv) of
this section.
(1) If the Secretary determines that
the local building code is unacceptable,
then the lender or other interested
party must comply with the requirements of paragraph (d)(1)(i) (A), (B) or
(C) of this section as appropriate.
(2) If the Secretary determines that
the local code is partially acceptable,
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§ 200.926
24 CFR Ch. II (4–1–19 Edition)
(A) A copy of the jurisdiction’s local
building code, including all applicable
service codes and appendices; and
(B) A copy of the statute, ordinance,
regulation, or order establishing the
code, if such statute, ordinance, regulation or order is not contained in the
building code itself.
However, the lender or other interested
party need not submit any document
already on file in the HUD Field Office.
(2) Jurisdictions with previously accepted or partially accepted building codes.
The following submission requirements
apply to lenders or other interested
parties in any jurisdiction with a building code which has been accepted or
partially accepted by the Secretary:
(i) The lender or other interested
party shall submit to the HUD Field
Office serving the jurisdiction in which
the property is to be constructed:
(A) A certificate stating that, since
the date when the code or any changes
thereto were last submitted to the Secretary, the jurisdiction’s local building
code has not been changed; or
(B)(1) A copy of all changes to the jurisdiction’s building code, including all
applicable service codes and appendices, which have been made since the
date when the code or other changes
thereto were last submitted to the Secretary. However, the lender or other interested party need not submit any
part already in the possession of the
HUD Field Office; and
(2) A copy of the statute, ordinance,
regulation, or order making such
changes in the code.
(ii) If, based upon changes to the
local building code, the Secretary determines that it is unacceptable, the
lender or other interested party must
comply with the requirements of paragraph (d)(1) (i)(A), (B) or (C) of this section, as appropriate.
(iii) If the local building code was
previously found by the Secretary to be
partially acceptable and there have
been no changes to it or if the local
building code was previously found by
the Secretary to be partially acceptable and if, based upon changes to it,
the Secretary determines that it is
still partially acceptable or if the local
building code was previously found by
the Secretary to be acceptable and if,
based upon changes to it, the Secretary
then the lender or other interested
party must comply with:
(i) The acceptable portions of the partially acceptable local code; and
(ii) Those portions of the CABO One
and Two Family Dwelling Code designated by the HUD Field Office in accordance with § 200.926c; and
(iii) The requirements of § 200.926d.
(3) If the Secretary determines that
the local code is acceptable, then the
lender or other interested party must
comply with the local building code
and the requirements of § 200.926d.
(iii) In jurisdictions with local building codes which previously have been
submitted for review and which have
been found unacceptable by the Secretary:
(A) If the local code has not been
changed since the date the code or
changes thereto were submitted to the
Secretary, the lender or other interested party must comply with the requirements of paragraph (d)(1)(i) (A),
(B) or (C) of this section, as appropriate; or
(B) If the local code has been changed
since the date when the code or
changes thereto were submitted to the
Secretary, the lender or other interested party must submit a copy of all
changes to the local building code, including all applicable service codes and
appendices and a copy of the statute,
ordinance, regulation or order making
such changes in the code, which have
been made since the date when the
code or other changes thereto were last
submitted to the Secretary. However,
the lender or other interested party
need not submit any part already in
the possession of the HUD Field Office.
Based upon the Secretary’s determination concerning the acceptability of
the local code as changed, the lender or
other interested party must comply
with the requirements of paragraph
(d)(1)(ii)(B) (1), (2) or (3) of this section,
as appropriate.
(iv) In order to obtain the Department’s approval of a local code, the
lender or other interested party must
submit the following material to the
HUD Field Office serving the jurisdiction in which the property is to be constructed:
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Office of Assistant Secretary for Housing, HUD
determines that it is partially acceptable, then the lender or other interested party must comply with paragraphs (d)(1)(ii)(B)(2) (i), (ii) and (iii) of
this section.
(iv) If the local building code was
previously found by the Secretary to be
partially acceptable and if, based upon
changes to it, the Secretary determines
that it is acceptable, or if the local
building code was previously found by
the Secretary to be acceptable and
there have been no changes to the code,
or if the local building code was previously found by the Secretary to be
acceptable and if, based upon changes
to it, the Secretary determines that it
is still acceptable, then the lender or
other interested party must comply
with the local building code and the requirements of § 200.926d.
(3) Notification of decision. (i) Fire retardant treated plywood, where approved by a State or local building
code, shall not be permitted for use in
roof construction unless a HUD technical suitability bulletin has been
issued by the Department for that
product.
(ii) The Secretary shall review the
material submitted under § 200.926(d).
Following that review, the Secretary
shall issue a written notice (except
where there is a previously accepted or
partially accepted code which has not
been changed) to the submitting party
stating whether the local building code
is acceptable, partially acceptable, or
not acceptable. Where the local building code is not acceptable, the notice
shall also state whether the State code
is acceptable, partially acceptable or
not acceptable. The notice shall also
contain the basis for the Secretary’s
decision and a notification of the submitting party’s right to present its
views concerning the denial of acceptance if the code is neither accepted nor
partially accepted. The Secretary may,
in his or her discretion, permit either
an oral or written presentation of
views.
(4) Department’s responsibilities. (i)
Each Regional and Field Office will
maintain a current list of jurisdictions
with accepted local or State building
codes, a current list of jurisdictions
with partially accepted local or State
building codes and a current list of ju-
§ 200.926a
risdictions with local or State building
codes which have not been accepted.
For local codes, the lists will state the
most recent date when the code or
changes thereto were submitted to the
Secretary. The lists, which shall be
prepared by the Field Offices and submitted to the Regional Offices, will be
available to any interested party upon
request. In addition, the list of jurisdictions whose codes have been partially accepted shall identify in accordance with § 200.926c those portions of
the codes listed at § 200.926b(a) with
which the property must comply.
(ii) The Department is responsible for
obtaining copies of the State codes and
any changes thereto.
(Approved by the Office of Management and
Budget under control number 2502–0474)
[50 FR 39592, Sept. 27, 1985, as amended at 57
FR 27927, June 23, 1992; 57 FR 58340, Dec. 9,
1992; 58 FR 13536, Mar. 12, 1993; 58 FR 41337,
Aug. 3, 1993; 58 FR 60249, Nov. 15, 1993; 59 FR
36695, July 19, 1994; 62 FR 30225, June 2, 1997;
64 FR 56110, Oct. 15, 1999]
§ 200.926a Residential
comparison items.
building
HUD will review each local and State
code submitted under this subpart to
determine whether it regulates all of
the following areas and subareas:
(a) Fire Safety. (1) Allowable height;
(2) Fire separations;
(3) Fire resistance requirements;
(4) Egress doors and windows;
(5) Unit smoke detectors;
(6) Flame spread.
(b) Light and ventilation. (1) Habitable
rooms;
(2) Bath and toilet rooms.
(c) Structural loads and seismic design.
(1) Design live loads;
(2) Design dead loads;
(3) Snow loads (for jurisdictions with
snow loading conditions identified in
Section 7 of ASCE–7–88 (formerly ANSI
A58.1–82);
(4) Wind loads;
(5) Earthquake loads (for jurisdictions in seismic zones 3 or 4, as identified in Section 9 of ASCE–7–88 (formerly ANSI A58.1–82)).
(d) Foundation systems. (1) Foundation
depths;
(2) Footings;
(3) Foundation materials criteria.
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§ 200.926b
24 CFR Ch. II (4–1–19 Edition)
(2) Electrical Code for One and Two
Family Dwellings, NFPA 70A, 1990 Edition, including Tables and Examples.
Available from the National Fire Protection
Association,
Batterymarch
Park, Quincy, MA 02269.
(b) Model code compliance requirements. (1) When a one or two family
dwelling is to comply with the model
codes set forth in § 200.926b(a), the following requirements of those model
codes shall not apply to those properties:
(i) Those provisions of the model
codes that establish energy requirements for one and two family dwellings; and
(ii) Those provisions of the model
codes that require or allow the
issuance of permits of any sort.
(2) Where the model codes set forth in
paragraph (a) of this section designate
a building, fire, mechanical, plumbing
or other official, the Secretary’s designee in the HUD Field Office serving
the jurisdiction in which the dwelling
is to be constructed shall act as such
official.
(c) Designation of Model Codes. When a
one or two family dwelling or townhouse is to comply with portions of the
model code or the entire model code,
the dwelling shall comply with the
CABO One and Two Family Dwelling
Code 1992 Edition, including the 1993
amendments, or portion thereof as
modified by § 200.926e of this part and
designated by the HUD Field Office
serving a jurisdiction in which a property is located. In addition, the property shall comply with all of the standards which are referenced for any designated portions of the model code, and
with the Electrical Code for One and
Two Family Dwellings, NFPA 70A/1990.
(e) Materials standards. (1) Materials
standards.
(f) Construction components. (1) Steel;
(2) Masonry;
(3) Concrete;
(4) Lumber;
(5) Roof construction and covering;
(6) Chimneys and fireplaces.
(g) Glass. (1) Thickness/area requirements;
(2) Safety glazing.
(h) Mechanical. (1) Heating, cooling
and ventilation systems;
(2) Gas, liquid and solid fuel piping
and equipment;
(3) Chimneys and vents;
(4) Ventilation (air changes).
(i) Plumbing. (1) Materials standards;
(2) Sizing and installing drainage systems;
(3) Vents and venting;
(4) Traps;
(5) Cleanouts;
(6) Plumbing fixtures;
(7) Water supply and distribution;
(8) Sewage disposal systems.
(j) Electrical. (1) Branch circuits;
(2) Services;
(3) Grounding;
(4) Wiring methods;
(5) Cable;
(6) Conduit;
(7) Outlets, switches and junction
boxes;
(8) Panelboards.
[50 FR 39594, Sept. 27, 1985, as amended at 59
FR 36695, July 19, 1994]
§ 200.926b Model codes.
(a) Incorporation by reference. The following model code publications are incorporated by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
The incorporation by reference of these
publications has been approved by the
Director of the Federal Register. The
locations where copies of these publications are available are set forth below.
(1) CABO One and Two Family Dwelling Code, 1992 Edition, including the
1993 amendments, but excluding Chapter I—Administrative, and the phrase
‘‘or approved fire retardant wood’’ contained in the exception of paragraph R–
218.2.2(2), but including the Appendices
A, B, D, and E of the Code. (Available
from the Council of American Building
Officials, Suite 708, 5203 Leesburg Pike,
Falls Church, VA 22041.)
[50 FR 39594, Sept. 27, 1985, as amended at 58
FR 60249, Nov. 15, 1993]
§ 200.926c Model code provisions for
use in partially accepted code jurisdictions.
If a lender or other interested party
is notified that a State or local building code has been partially accepted,
then the properties eligible for HUD
benefits in that jurisdiction shall be
constructed in accordance with the applicable State or local building code,
plus those additional requirements
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Office of Assistant Secretary for Housing, HUD
to these standards in the areas of
structural soundness, durability, economy of maintenance or operation and
usability.
(ii) Variation procedures. Variations
from the requirements of any standard
with which the Department requires
compliance shall be made in the following ways:
(A) For a particular design or construction method to be used on a single
case or project, the decision is the responsibility of the Field Office. Headquarters concurrence is not required.
(B) Where a variation is intended to
be on a repetitive basis, a recommendation for a Local Acceptable Standard,
substantiating data, and background
information shall be submitted by the
Field Office to the Director, Office of
Manufactured Housing and Regulatory
Functions.
(iii) Variances which require individual analysis and decision in each instance are not considered as repetitive
variances even though one particular
standard is repeatedly the subject of
variation. Such variances are covered
by paragraph (a)(3)(ii)(A) of this section.
(b) General acceptability criteria—(1)
Real estate entity. The property shall
comprise a single plot except that a
primary plot with a secondary plot for
an appurtenant garage or for other use
contributing to the marketability of
the property will be acceptable provided the two plots are in such proximity as to comprise a readily marketable real estate entity.
(2) Service and facilities—(i) Trespass.
Each living unit shall be one that can
be used and maintained individually
without trespass upon adjoining properties, except when the windowless
wall of a detached dwelling is located
on a side lot line. A detached dwelling
may be located on a side lot line if:
(A) legal provision is made for permanent access for the maintenance of
the exterior portion of the lot line
wall, and
(B) the minimum distances from the
dwelling to the dwellings on the abutting properties are not less than the
sum of the side yard distances computed as appropriate for the type of opposing walls. (minimum distance 10 ft).
identified below. Depending upon the
major area identified in § 200.926a which
is not adequately regulated by the
State or local code, the HUD Field Office will designate, in accordance with
the schedule below, those portions of
one of the model codes with which the
property must comply.
SCHEDULE FOR MODEL CODE SUPPLEMENTS TO
LOCAL OR STATE CODES
Deficient major items from
§ 200.926a as determined by
field office review
(a) Fire safety ........................
(b) Light and ventilation .........
(c) Structural loads and seismic design.
(d) Foundation systems .........
(e) Materials standards ..........
(f) Construction components
(g) Glass ................................
(h) Mechanical .......................
(i) Plumbing ...........................
(j) Electrical ............................
§ 200.926d
Portions of the CABO One
and Two Family Dwelling
Code, 1992 Edition, including
the 1993 amendments, with
which a property must comply
Chapters 2, 9; Section R–
402.
Chapter 2; Section R–309.
Chapter 2.
Chapter 3.
Chapter 26.
Part III.
Chapter 2.
Part IV.
Part V.
Electrical code for 1- and 2family dwellings (NFPA
70A–1990).
[50 FR 39594, Sept. 27, 1985, as amended at 58
FR 60249, Nov. 15, 1993; 59 FR 36695, July 19,
1994]
§ 200.926d Construction requirements.
(a) Application—(1) General. These
standards cover the agency requirements for accessibility to physically
handicapped people, variations to
standards, real estate entity, trespass
and utilities, site conditions, access,
site design, streets, dedication of utilities, drainage and flood hazard exposure, special construction and product
acceptance, thermal requirements, and
water supply systems.
(2) Requirements for accessibility to
physically handicapped people. The HUD
Field Office will advise project sponsors as to the extent accessibility will
be required for new construction of
one- and two-family dwellings on a
project-by-project basis.
(i) Technical standards. See HUD
Handbook, 4910.1, Sections 100–1.3b and
100–1.3c.
(3) Variations to standards—(i) New
materials and technologies. See paragraph (d) of this section. Alternatives,
nonconventional or innovative methods and materials shall be equivalent
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§ 200.926d
24 CFR Ch. II (4–1–19 Edition)
(ii) Utilities. Utility services shall be
independent for each living unit, except that common services such as
water, sewer, gas and electricity may
be provided for living units under a single mortgage or ownership. Separate
utility service shut-off for each unit
shall be provided. For living units
under separate ownership, common
utility services may be provided from
the main to the building line when protected by an easement or convenant
and maintenance agreement acceptable
to HUD, but shall not pass over, under
or through any other living unit. Individual utilities serving a living unit
may not pass over, under or through
another living unit under the same
mortgage unless provision is made for
repair and maintenance of utilities
without trespass or when protected by
an easement or covenant providing permanent access for maintenance and repair of the utilities. Building drain
cleanouts shall be accessible from the
exterior where a single drain line within the building serves more than one
unit.
(3) Site conditions. (i) The property
shall be free of those foreseeable hazards and adverse conditions which may
affect the health and safety of occupants or the structural soundness of
the improvements, or which may impair the customary use and enjoyment
of the property. The hazards include
toxic chemicals, radioactive materials,
other pollution, hazardous activities,
potential damage from soil or other
differential ground movements, ground
water, inadequate surface drainage,
flood, erosion, or other hazards located
on or off site. The site must meet the
standards set forth in 24 CFR part 51,
and HUD Handbook 4910.1, section 606
for termite and decay protection.
(ii) When special conditions exist or
arise during construction which were
unforeseen and which necessitate precautionary or hazard mitigation measures, the HUD Field Office shall require
corrective work to mitigate potential
adverse effects from the special conditions as necessary. Special conditions
include rock formations, unstable soils
or slopes, high ground water levels,
springs, or other conditions which may
adversely affect a property. It shall be
the builder’s responsibility to ensure
proper design, construction and satisfactory performance where these conditions are present.
(4) Access. (i) Each property shall be
provided with vehicular or pedestrian
access by a public or private street.
Private streets shall be protected by
permanent easement.
(ii) Each living unit shall have a
means of access such that it is unnecessary to pass through any other living
unit.
(iii) The rear yard shall be accessible
without passing through any other living unit.
(iv) For a townhouse type dwelling,
access to the rear yard may be by
means of alley, easement, passage
through the dwelling, or other means
acceptable to the HUD Field Office.
(c) Site design—(1) General. (i) A site
design shall be provided which includes
an arrangement of all site facilities
necessary to create a safe, functional,
healthful, durable and energy efficient
living environment.
(ii) With the exception of paragraph
(c)(4) of this section, these site design
standards apply only in communities
that have not adopted criteria for site
development applicable to one and two
family dwellings.
(iii) Single family detached houses
situated on individual lots located on
existing streets with utilities need not
comply with the requirements of paragraphs (c)(2) and (c)(3) of this section.
(2) Streets. (i) Existing or proposed
streets on the site shall connect to private or public streets and shall provide
all-weather access to all buildings for
essential and emergency use, including
access needed for deliveries, service,
maintenance and fire equipment.
(ii) Streets shall be designed for dedication for public use and maintenance
or, when approved by the HUD Field
Office, may be retained as private
streets where protected by permanent
easements.
(3) Dedication. Utilities shall be located to permit dedication to the local
government or appropriate public body.
(4) Drainage and flood hazard exposure—(i) Residential structures with basements located in FEMA-designated areas
of special flood hazard. The elevation of
the lowest floor in structures with
basements shall be at or above the base
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Office of Assistant Secretary for Housing, HUD
flood level (100-year flood level) required for new construction or substantial improvement of residential structures under regulations for the National Flood Insurance Program (NFIP)
(see 44 CFR 60.3 through 60.6), except
where variances from this standard are
granted by communities under the procedures of the Federal Emergency
Management Agency (FEMA) at 44
CFR 60.6(a) or exceptions from this
NFIP standard for basements are approved by FEMA in accordance with
procedures at 44 CFR 60.6(c).
(ii) Residential structures without basements located in FEMA-designated areas
of special flood hazard. The elevation of
the lowest floor in structures without
basements shall be at or above the
FEMA-designated base flood elevation
(100-year flood level).
(iii) Residential structures located in
FEMA-designated ‘‘coastal high hazard
areas’’. (A) Basements or any permanent enclosure of space below the lowest floor of a structure are prohibited.
(B) Where FEMA has determined the
base flood level without establishing
stillwater elevations, the bottom of the
lowest structural member of the lowest
floor (excluding pilings and columns)
and its horizontal supports shall be at
or above the base flood level.
(iv)(A) In all cases in which a Direct
Endorsement (DE) mortgagee or a
Lender Insurance (LI) mortgagee seek
to insure a mortgage on a newly constructed one-to four-family dwelling
(including a newly erected manufactured home) that was processed by the
DE or LI mortgagee, the DE or LI
mortgagee must determine whether the
property improvements (dwelling and
related structures/equipment essential
to the value of the property and subject to flood damage) are located in a
100-year floodplain, as designated on
maps of the Federal Emergency Management Agency. If so, the DE mortgagee, before submitting the application for insurance to HUD, or the LI
mortgagee, before submitting all the
required data regarding the mortgage
to HUD, must obtain:
(1) A final Letter of Map Amendment
(LOMA);
(2) A final Letter of Map Revision
(LOMR); or
§ 200.926d
(3) A signed Elevation Certificate
documenting that the lowest floor (including basement) of the property improvements is built at or above the 100year flood elevation in compliance
with National Flood Insurance program criteria 44 CFR 60.3 through 60.6.
(B) Under the DE program, these
mortgages are not eligible for insurance unless the DE mortgagee submits
the LOMA, LOMR, or Elevation Certificate to HUD with the mortgagee’s request for endorsement.
(v) Streets. Streets must be usable
during runoff equivalent to a 10-year
return frequency. Where drainage outfall is inadequate to prevent runoff
equivalent to a 10-year return frequency from ponding over 6 inches
deep, streets must be made passable for
commonly used emergency vehicles
during runoff equivalent to a 25-year
return frequency, except where an alternative access street not subject to
such ponding is available.
(vi) Crawl spaces. Crawl spaces must
not pond water or be subject to prolonged dampness.
(d) Special construction and product acceptance—(1) Structural features of factory produced (modular or panelized)
housing or components.
(i) For factory fabricated systems or
components, HUD Handbook 4950.1,
‘‘Technical Suitability of Products
Program Technical and Processing
Procedures’’ shall apply.
(ii) The requirements of this part
shall apply to structural features, consisting of factory fabricated systems or
components assembled either at the
factory or at the construction site, if
the total construction is covered by
these standards and can be inspected
on-site for determination of compliance.
(2) Non-structural or non-standard features. These features include methods
of construction, systems, sub-systems,
components, materials and processes
which are not covered by these requirements. See HUD Handbook 4950.1 for
procedures to be followed in order to
obtain acceptance of non-structural
components or materials. See HUD
Handbook 4910.1, appendix F for a list
of Use of Materials Bulletins. Products
and methods shall conform to the appropriate Use of Materials Bulletin.
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§ 200.926d
24 CFR Ch. II (4–1–19 Edition)
(3) Standard Features. These features
include methods of construction, systems, sub-systems, components, materials and processes which are covered
by national society or industry standards. For a list of standards and practices to which compliance is required,
see HUD Handbook 4910.1, Appendix C
and Appendices E and F, available from
HUD, 451 Seventh Street, SW., Attention: Mailroom B–133, Washington, DC
20410.
(e) Energy efficiency. All detached
one- and two-family dwellings and onefamily townhouses not more than three
stories in height shall comply with the
CABO Model Energy Code, 1992 Edition,
Residential Buildings, except for Sections 101.3.1, 101.3.2, 104, and 105, but
Section 101.3.2.2, Historic Buildings,
shall remain, and including the Appendix, and HUD intermediate MPS Supplement 4930.2 Solar Heating and Domestic Hot Water Systems, 1989 edition.
(f) Water supply systems—(1) General.
(i) Each living unit shall be provided
with a continuing and sufficient supply
of safe water under adequate pressure
and of appropriate quality for all
household uses. Newly constructed residential property for which a building
permit has been applied for on or after
June 19, 1988 from the competent authority with jurisdiction in this matter
shall have lead-free water piping. For
purposes of these standards, water piping is ‘‘lead free’’ if it uses solders and
flux containing not more than 0.2 percent lead and pipes and pipe fittings
containing not more than 8.0 percent
lead. This system shall not impair the
function or durability of the plumbing
system or attachments.
(ii) The chemical and bacteriological
standards of the local health authority
shall apply. In the absence of such
standards, those of the appropriate
State agency shall apply. A water analysis may be required by either the
health authority or the HUD Field Office.
(iii) Whenever feasible, connection
shall be made to a public water system.
When a public system is not available,
connection shall be made to a community system which complies with HUD
Handbook 4940.2, if feasible.
(2) Individual water systems. (i) The
system should be capable of delivering
a flow of 5 gpm over at least a 4 hour
period.
(ii) The chemical and bacteriological
standards of the local health authority
shall apply. In the absence of such
standards, those of the appropriate
State agency shall apply. A water analysis may be required by either the
health authority or the HUD Field Office.
(iii) After installation, the system
shall be disinfected in accordance with
the recommendations or requirements
of the local health authority. In the absence of a health authority, system
cleaning and disinfection shall conform
to the current EPA Manual of Individual Water Supply Systems.
(iv) Bacteriological or chemical examination of a water sample collected
by a representative of the local or state
health authority shall be made when
required by that authority or the HUD
Field Office.
(3) Location of wells. (i) A well located
within the foundation walls of a dwelling is not acceptable except in arctic or
subarctic regions.
(ii) Water which comes from any soil
formation which may be polluted, contaminated, fissured, creviced or less
than 20 ft. below the natural ground
surface is not acceptable, unless acceptable to the local health authority.
(iii) Individual water supply systems
are not acceptable for individual lots
in areas where chemical soil poisoning
has been or is practiced if the overburden of soil between the ground surface
and the water bearing strata is coarse
grained sand, gravel, or porous rock, or
is creviced in a manner which will permit the recharge water to carry the
toxicants into the zone of saturation.
(iv) The following table shall be used
in establishing the minimum acceptable distances between wells and
sources of pollution located on either
the same or adjoining lots. These distances may be increased by either the
health authority having jurisdiction or
the HUD Field Office.
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Office of Assistant Secretary for Housing, HUD
DISTANCE FROM SOURCE OF POLLUTION
(viii) Openings in the casing, cap, or
concrete cover for the entrance of
pipes, pumps or manholes shall be watertight.
(ix) If a breather is provided, it shall
extend above the highest level to which
surface water may rise. The breather
shall be watertight, and the open end
shall be screened and positioned to prevent entry of dust, insects and foreign
objects.
(5) Pump and equipment. (i) Pumps
shall be capable of delivering the volume of water required under normal
operating pressure within the living
unit. Pump capacity shall not exceed
the output of the well.
(ii) Pumps and equipment shall be
mounted to be free of objectionable
noises, vibrations, flooding, pollution,
and freezing.
(iii) Suction lines shall terminate
below maximum drawdown of the
water level in the well.
(iv) Horizontal segments of suction
line shall be placed below the frost line
in a sealed casing pipe or in at least 4
in. of concrete. The distance from suction line to sources of pollution shall
be not less than shown in the table at
paragraph (f)(3)(iv) of this section.
(6) Storage tanks. (i) A pressure tank
having a minimum capacity of 42 gallons shall be provided. However,
prepressured tanks and other pressurizing devices are acceptable provided
that delivery between pump cycles
equals or exceeds that of a 42 gallon
tank.
(ii) Tanks shall be equipped with a
clean-out plug at the lowest point, and
a suitable pressure relief valve.
Minimum
horizontal
distance (feet)
Source of pollution
Property Line .................................................
Septic Tank ....................................................
Absorption Field .............................................
Seepage Pit ...................................................
Absorption Bed ..............................................
Sewer Lines w/Permanent Watertight Joints
Other Sewer Lines .........................................
Chemically Poisoned Soil ..............................
Dry Well .........................................................
Other ..............................................................
§ 200.926e
10
50
1 100
1 100
1 100
10
50
3 25
50
(2)
1 This clearance may be increased or decreased depending
upon soil and rock penetrated by the well and aquifer conditions. The clearance may be increased in creviced limestone
and permeable strata of gravel and sand. The clearance may
be reduced to 50 ft. only where the ground surface is effectively separated from the water bearing formation by an extensive, continuous and impervious strata of clay, hardpan, or
rock. The well shall be constructed so as to prevent the entrance of surface water and contaminants.
2 The recommendations or requirements of the local health
authority shall apply.
3 This clearance may be reduced to 15 feet only where the
ground surface is effectively separated from the water bearing
formation by an extensive, continuous and impervious strata
of clay, hardpan, or rock.
(4) Well construction. (i) The well shall
be constructed so as to allow the pump
to be easily placed and to function
properly.
(ii)(A) All drilled wells shall be provided with a sound, durable and watertight casing capable of sustaining the
loads imposed.
(B) The casing shall extend from a
point several feet below the water level
at drawdown or from an impervious
strata above the water level to 12 in.
above either the ground surface or the
pump room floor. The casing shall be
sealed at the upper opening to a depth
of at least 15 feet.
(iii) Bored wells shall be lined with
concrete, vitrified clay or equivalent
materials.
(iv) The space between the casing or
liner and the wall of the well hole shall
be sealed with cement grout.
(v) The well casing shall not be used
to convey water except under positive
pressure. A separate drop pipe shall be
used for the suction line.
(vi) When sand or silt is encountered
in the water-bearing formation, the
well shall either be compacted and
gravel packed, or a removable strainer
or screen shall be installed.
(vii) The surface of the ground above
and around the well shall be compacted
and graded to drain surface water away
from the well.
(Approved by the Office of Management and
Budget under control number 2502–0474)
[50 FR 39594, Sept. 27, 1985, as amended at 53
FR 11271, Apr. 6, 1988; 56 FR 5350, Feb. 11,
1991; 57 FR 9609, Mar. 19, 1992; 57 FR 27927,
June 23, 1992; 58 FR 41337, Aug. 3, 1993; 58 FR
60249, Nov. 15, 1993; 59 FR 19112, Apr. 21, 1994;
62 FR 30225, June 2, 1997; 64 FR 56110, Oct. 15,
1999]
§ 200.926e Supplemental
information
for use with the CABO One and
Two Family Dwelling Code.
The following shall be used in Table
No. R–202, Climatic and Geographic Design Criteria of the CABO One and Two
Family Dwelling Code.
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§ 200.927
24 CFR Ch. II (4–1–19 Edition)
(a) Roof live loads.
determining where wind speeds greater
than 80 mph occur. Pressures are assumed to act horizontally on the gross
area of the vertical projection of the
structure except as noted for roof design.
(d) Seismic conditions shall be in accordance with Section 9 of ASCE 7–88.
(e) Subject to damage from: weathering.
A jurisdiction’s weathering region
shall be as established by the map in
ASTM C 62–83.
(f) Subject to damage from: frost line
depth. Exterior wall footings or foundation walls including those of accessory
buildings shall extend a minimum of 6
in. below the finished grade and, where
applicable, the prevailing frost line.
(g) Subject to damage from: termites.
‘‘Yes’’ shall be used in locations designated as Regions I, II or III. ‘‘No’’
shall be used in locations designated as
Region IV. The map for Termite Infestation Probability in appendix A of
CABO, One and Two Family Dwelling
Code shall be used to determine the jurisdiction’s region.
(h) Subject to damage from: decay.
‘‘Yes’’ shall be used in locations designated as moderate to severe and
slight to moderate. ‘‘No’’ shall be used
in locations designated as none to
slight. The Decay Probability map in
appendix A of CABO, One and Two
Family Dwelling Code shall be used to
determine the jurisdiction’s decay designation.
Roof slope 3 in 12 or less: 20 psf
Roof slope over 3 in 12: 15 psf
Roof used as deck: 40 psf
(b) Roof snow load. The roof snow load
shall be in accordance with section 7 of
ASCE 7–88.
(c) Wind pressures. The minimum Design Wind Pressures (net pressures) set
forth below apply to areas designated
as experiencing basic wind speeds up to
and including 80 mph, as shown in
ASCE 7–88, Figure 1, Basic Wind Speed
Map. These pressures also apply to
buildings not over 30 ft. in height above
finish grade, assuming exposure C or
defined in ASCE 7–88.
(1) Minimum design wind pressure criteria. (i) Buildings (for overturning
racking or sliding); p = 20 psf.
(ii) Chimneys, p = 30 psf.
(iii) Exterior walls, p = 15 psf inward
or outward. Local pressure at corners
of walls shall be not less than p = 30 psf
outward. These local pressures shall
not be included with the design pressure when computing overall loads.
The pressures shall be applied perpendicularly outward on strips of width
equal to 10 percent of the least width of
building.
(iv) Partitions, p = 10 psf.
(v) Windows, p = 20 psf inward or outward.
(vi) Roof, p = 20 psf inward or outward.
Roofs with slopes greater than 6 in 12
shall be designed to withstand pressures acting inward normal to the surface, equal to the design wind pressure
for exterior walls. Overhanging eaves,
cornices, and ridges, 40 psf upward normal to roof surface. These local pressures shall not be included with the design pressure when computing overall
loads. The pressures shall be applied
perpendicularly outward on strips of
width equal to 10 percent of the least
width of building. Net uplift on horizontal projection of roof shall not be
less than 12 psf.
(2) Severe wind design pressures. If the
construction is higher than 30 ft., or if
it is located in an area experiencing
wind speeds greater than 80 mph, higher design wind pressures than shown
above are required. Use Section 6 of
ASCE 7–88 for higher criteria and for
(Approved by the Office of Management and
Budget under control number 2502–0338)
[50 FR 39599, Sept. 27, 1985, as amended at 59
FR 36695, July 19, 1994]
§ 200.927 Incorporation by reference of
minimum property standards.
The Minimum Property Standards as
contained in the handbooks identified
in § 200.929(b) are incorporated by reference into this section as though set
forth in full in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
[50 FR 39592, Sept. 29, 1985]
§ 200.929 Description and identification of minimum property standards.
(a) Description. The Minimum Property Standards describe physical standards for housing. They are intended to
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Office of Assistant Secretary for Housing, HUD
provide a sound basis for determining
the acceptability of housing built
under the HUD mortgage insurance and
low-rent public housing programs. The
Minimum Property Standards refer to
material standards developed by industry and accepted by HUD. In addition,
under Section 521 of the National Housing Act, HUD adopts its own technical
suitability standards for materials and
products for which there are no industry standards acceptable to HUD.
These standards are contained in Use
of Materials Bulletins that apply to
products and methods and Materials
Releases that apply to specific materials. Use of Materials Bulletins and
Materials Releases are addenda to the
Minimum Property Standards. Unless
otherwise stated, the current edition,
issue, or version of each of these documents, as available from its source, is
applicable to this subpart S. A list of
the Use of Materials Bulletins, Materials Releases, and MPS Appendix listing the applicable referenced Standards
may be obtained from the Construction
Standards Division, Office of Manufactured Housing and Construction Standards, room 6170 Department of Housing
and Urban Development, 451 7th Street,
SW, Washington, DC 20410.
(b) Identification. The Minimum Property Standards have been published as
described below:
(1) MPS for One and Two Family
Dwellings. See §§ 200.926, 200.926 (a)
through (e).
(2) MPS for Housing 4910.1, 1994 edition. This volume applies to buildings
and sites designed and used for normal
multifamily occupancy, including both
unsubsidized and subsidized insured
housing, and to care-type housing insured under the National Housing Act.
It also includes, in Appendix K, a reprint of the MPS for One and Two
Family Dwellings identified in paragraph (b)(1) of this section.
§ 200.933
§ 200.929a Fair Housing Accessibility
Guidelines.
Builders and developers may use the
Department’s Fair Housing Accessibility Guideline when designing or constructing covered multifamily dwelling
units in order to comply with the Fair
Housing Act. The Guidelines may be
found in the 24 CFR Chapter I, Subchapter A, Appendix II, titled Fair
Housing Accessibility Guidelines—Design Guidelines for Accessible/Adaptable Dwellings.
[58 FR 60250, Nov. 15, 1993]
§ 200.931 Statement of availability.
(a) Updated copies of the Minimum
Property Standards and Use of Materials Bulletins are available for public
examination in the Office of Consumer
and Regulatory Affairs, Department of
Housing and Urban Development, room
9156, 451 Seventh St. SW., Washington,
D.C. 20410–8000. In addition, copies of
volumes 1, 2, and 3 of the Minimum
Property Standards may be purchased
from the U.S. Government Printing Office, Washington, D.C. 20402.
(b) Publications approved by the Director of the Federal Register for incorporation by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51
are available for inspection at the National Archives and Records Administration (NARA). For information on
the availability of this material at
NARA, call 202–741–6030, or go to: http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
[63 FR 5423, Feb. 2, 1998]
§ 200.933 Changes in minimum property standards.
Changes in the Minimum Property
Standards will generally be made every
three years. Changes will be made in
accordance with HUD policy for the
adoption of rules and regulations set
forth in part 10 of this title. Notice of
such changes will be published in the
FEDERAL REGISTER. As the changes are
made, they will be incorporated into
the volumes of the Minimum Property
Standards to which they apply. The
volumes available for public examination and for purchase will contain all
changes up to the date of examination
[39 FR 26895, July 24, 1974, as amended at 42
FR 33890, July 1, 1977; 47 FR 29524, July 7,
1982; 47 FR 35761, Aug. 17, 1982; 49 FR 18695,
May 1, 1984; 50 FR 39592, Sept. 29, 1985; 51 FR
28699, Aug. 11, 1986; 58 FR 60250, Nov. 15, 1993;
63 FR 5423, Feb. 2, 1998]
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§ 200.934
24 CFR Ch. II (4–1–19 Edition)
administrators under § 200.935 of this
title shall include the entire processing
fee with the application. All other applicants shall submit one half of the required processing fee with each application. The applicant shall pay the balance when the draft issuance is returned to HUD with the applicant’s
concurrence signature. The Department will not prepare a final document
for printing and distribution until it
has received the full processing fee.
From time to time, as may be necessary, the Department will establish
and amend the fee schedule by publication of a Notice in the FEDERAL REGISTER.
(d) Initial application and review—(1)
Content of applications. Each application shall include only one item. All
applications will be promptly processed
on receipt by the Department.
(i) With respect to Mechanical Engineering Bulletins (MEBs), Structural
Engineering Bulletins (SEBs), Truss
Connector Bulletins (TCBs), and Area
Letters of Acceptance (ALAs), each
structural design shall constitute a different item.
(ii) With respect to Materials Releases (MRs), each product or system
shall constitute a different item.
(2) Revisions. A recipient of a technical suitability document issued by
the Department may apply for revision
of that document at any time. The revision may be in the form of an amendment of or supplement to the document, for which the recipient will be
charged the applicable revision fee.
However, where the Department determines that a proposed revision constitutes a different item, the schedule
of fees for initial applications shall
apply.
(3) Renewals. Each issuance shall be
valid for a period of three years from
the date of initial issuance or most recent renewal, whichever is later. An
applicant shall submit an application
for renewal with the entire required fee
three months before the expiration of
the three-year period. Failure to submit a timely renewal application along
with the required fee shall constitute a
basis for cancellation of the issuance.
(4) Initial and revision applications requiring further study or additional data.
In its discretion, the Department may
or purchase. An official, historic file of
such changes will be available in the
office of the Rules Docket Clerk in the
HUD Central Office in Washington, DC,
and in each HUD Regional, Area, and
Insuring Office. A similar copy of the
standards will also be maintained in
the Office of the Federal Register,
Washington, DC.
[39 FR 26895, July 24, 1974, as amended at 58
FR 60250, Nov. 15, 1993]
§ 200.934 User fee system for the technical suitability of products program.
(a) General. This section establishes
fee requirements for the issuance of
Structural
Engineering
Bulletins
(SEBs), Mechanical Engineering Bulletins (MEBs), Truss Connector Bulletins (TCBs), Area Letters of Acceptance (ALAs), Materials Releases (MRs),
and review of program administrator
applications submitted pursuant to
§ 200.935 of this title.
(b) Filing address—(1) Applications containing payment. When applications for
or correspondence concerning SEBs,
MEBs, TCBs, MRs, or program administrator approval contain payment,
such applications or correspondence
shall be sent to the following address:
U.S. Department of Housing and Urban Development, Technical Suitability of Product Fees, P.O. Box 954199, St. Louis, MO.
63195–4199.
(2) Other correspondence. All other
correspondence
concerning
SEBs,
MEBs, TCBs, MRs, and program administrator acceptance shall be sent to the
following address:
Manufactured Housing and Construction
Standards Division, Department of Housing and Urban Development, 451 Seventh
Street, SW., Attn: Mail Room B–133, Washington, DC 20410.
(3) Application for ALAs. Applications
for or correspondence concerning ALAs
shall be submitted to the Housing Division of the field office having jurisdiction over the area in which the production facility of the system is located,
except that applications containing
payment shall be addressed to the attention of the Collection Officer for deposit to Account No. 86–09–0300.
(c) Fees. Applicants for renewal and
applicants for acceptance as program
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Office of Assistant Secretary for Housing, HUD
request an applicant to submit additional data or to conduct further study
to supplement or clarify an initial application or an application for revision
of a previously issued technical suitability document. If the applicant fails
to comply with the Department’s request within ninety days of the date of
that request or within such longer time
as may be specified by the Secretary,
the Department will return the application to the applicant. The Department will not refund any fees paid toward an application returned under
this paragraph. The application will be
considered further only if it is resubmitted along with payment of the full
fee as required by these regulations.
(5) Ineligible applications. If the Secretary determines that an application
or request will not be considered because it is not eligible for issuance of a
technical suitability document, the Department will promptly return the application or request, refund any fees
paid, and explain why the application
or request is ineligible.
(6) Cancellation of a technical suitability document. If the Department determines that (i) the conditions under
which a technical suitability document
was issued have so changed as to affect
the production of, or to compromise
the integrity of, the material, product,
or system approved thereby, or (ii) that
the producer has changed its organizational form without notifying HUD, or
(iii) that the producer is not complying
with the responsibilities it assumed as
a condition of HUD’s acceptance of its
material, product or system, the Department will notify the producer or
manufacturer that the technical suitability document may be cancelled.
However, before cancelling a technical
suitability document, the Department
will give the manufacturer reasonable
notice in writing of the specific reasons
therefore and an opportunity to
present its views on why the technical
suitability document should not be
cancelled. No refund of fees will be
made on a cancelled document.
(e) Identification. (1) Applications for
issuance of a MEB, SEB, TCB, or MR
submitted to HUD Headquarters will be
identified with a case number. The applicant will be notified of the case
number when receipt of the application
§ 200.935
is acknowledged. Thereafter, the case
number will be used on all correspondence relating to the application. When
a final draft of a new document is prepared for publication and distribution,
a bulletin or release number will be assigned to the new issuance.
(2) In the case of an application for
an ALA submitted to a field office, the
application will be processed in accordance with the identification and processing procedures established by the responsible field office. The field office
will notify the applicant of receipt of
the application and inform the applicant of the procedures that will be followed with respect to the issuance of
an ALA.
(Information collection requirements in
paragraphs (b), (c), (d)(1), (2), (3) and (4) were
approved by the Office of Management and
Budget under control number 2502–0313)
[49 FR 31856, Aug. 9, 1984, as amended at 58
FR 60250, Nov. 15, 1993]
§ 200.935 Administrator qualifications
and procedures for HUD building
products certification programs.
(a) General. This section establishes
administrator qualifications and procedures for the HUD Building Products
Certification Programs under section
521 of the National Housing Act and the
HUD Minimum Property Standards.
Under these programs organizations
acceptable to HUD validate manufacturers’ certifications that certain
building products or materials meet
applicable standards. HUD may decide
to implement a certification program
for a particular building product or
material for a variety of reasons, such
as when deemed necessary by HUD to
facilitate the introduction of new and
innovative products or materials; or in
response to reports of fraud or misrepresentation by manufacturers in advertising that their product or materials comply with a standard.
(b) Definitions—(1) Certification program (‘‘program’’). The procedure under
which accepted administrators validate
manufacturers’ certifications that particular building products or materials
meet applicable HUD standards. A separate program is used to validate certifications for each particular product
or material for which HUD requires
certifications.
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§ 200.935
24 CFR Ch. II (4–1–19 Edition)
(2) Program administrator (‘‘administrator’’). An organization which conducts the program validating the manufacturer’s certification that a particular building product or material
meets applicable HUD standards.
(c) Administrator qualifications and application procedures—(1) Qualifications.
Each program administrator shall be
capable of conducting a certification
program with respect to organization,
staff and facilities, and have a reputation for adhering to high ethical standards. To be considered acceptable for
conducting a certification program,
each administrator shall:
(i) Be a technically qualified organization with past experience in the administration of certification programs.
The certification program(s) shall be
under the supervision of a qualified
professional with six years of experience in interpreting testing standards,
test methods, evaluating test reports
and quality control programs. Each administrator is responsible for staffing
the program with qualified professional
personnel with experience in interpreting testing standards, test methods, evaluating test reports and quality
control programs. The staff shall be
adequate to service all aspects of the
program.
(ii) Have field inspectors trained to
make selections of materials for testing from manufacturer’s stock or from
distributors’ establishments and to
conduct product compliance inspections. Such inspectors must be trained
and experienced in evaluating manufacturer’s quality control records to ascertain with a reasonable degree of assurance that continuing production remains in compliance with the applicable standard set forth in the Use of Materials (UM) Bulletin. When inspectors
are used to evaluate laboratory operations, they shall be qualified and
under the supervision of the administrator. They shall be knowledgeable in
such areas as test methods, quality
control, testing techniques, and instrument calibration.
(iii) Have facilities and capabilities
for communications with manufacturers, laboratories, and HUD, including
publication of a directory of certified
products and a list of accredited laboratories, if required by the program.
(iv) Have adequate policies and practices for preserving information entrusted to its care. HUD reserves the
right to review all technical records related to the program for the purpose of
monitoring.
(v) Have a copy of all applicable
standards, test methods and related information necessary to carry out the
program.
(vi) Have a registered or pending certification mark at the United States
Patent Office and be willing to license,
on a uniform basis, the use of that
mark by manufacturers as a validation
of the manufacturer’s certification
that the product complies with the applicable standard.
(2) Applications procedures. Any organization desiring HUD acceptance as a
qualified administrator to conduct a
certification program shall make application in writing to the Director, Office of Architecture and Engineering
Standards. The application shall state
the particular certification program
for which acceptance is requested and
include information indicating compliance with each of the qualification requirements by number and subsection.
Attached to the application shall be:
(i) A list of certification programs in
which the organization is participating
or has participated and the types of
participation (sponsor, administrator,
testing laboratory, etc.).
(ii) A procedural guide used in one of
these programs.
(iii) A directory or listing used in one
of these programs.
(iv) A reproduction or facsimile of
the organization’s registered or pending mark.
(v) A proposed procedural guide for
the particular certification program.
HUD certification program procedures
described in paragraph (d) of this section shall be followed.
(3) Acceptance. HUD shall review each
submission and notify the applicant
whether or not they are accepted or rejected. HUD shall be notified immediately of any change(s) in the administrator’s submission regarding program procedures and/or major personnel associated with the program.
HUD reserves the right to suspend or
debar an administrator in accordance
with 2 CFR part 2424.
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Office of Assistant Secretary for Housing, HUD
(d) HUD building products certification
procedures—(1) Certification program development. Certification program development by an administrator shall be
based upon the procedures and standards for the specific building product
described in a Use of Materials Bulletin
or a Materials Release.
(2) License agreement. Each administrator shall have a written license
agreement with each participating
manufacturer binding each to the provisions of the specific program and authorizing the manufacturer to use the
administrator’s mark, seal, or label on
its products. The administrator shall
have the right to terminate any agreement prior to an expiration date, for
example, if there has been a breach of
the requirement of the certification
program by the manufacturer.
(3) Laboratory approval. The administrator shall review laboratories that
apply for participation in this program
on the basis of the procedures described
in paragraph (e) of this section. A list
of approved laboratories shall be maintained by the administrator. When the
certification program allows the use of
the administrator’s testing laboratories, the laboratories shall be reviewed by a qualified party acceptable
to HUD. As accreditation procedures
are made available through the National Voluntary Laboratory Accreditation Program (NVLAP) for specifc
products, HUD may require such accreditation.
(4) Initial testing and quality control review—(i) Initial testing. Each participating manufacturer shall submit to
the appropriate administrator, the
product(s) specification and statement(s) that the product complies with
the applicable standard. The administrator shall select samples of the product(s), or when HUD specifies as acceptable, a prototype. The particular
method of sample selection shall be determined by HUD for each specific
product certification program. Other
methods of initial sample selection
may be used if deemed necessary. If a
failure occurs on the initial tests, additional sampling and testing may be
done at the manufacturer’s request.
The administrator’s validation of the
manufacturer’s declaration of certifi-
§ 200.935
cation shall be withheld until a finding
of compliance is achieved.
(ii) Quality assurance system review.
(A) Each administrator shall examine a
participating manufacturer’s facilities
and quality assurance system procedures to determine that they are adequate to assure continuing production
of the product that complies with the
applicable standard. These quality assurance system procedures shall be
documented in the administrator’s and
the manufacturer’s files. If a manufacturer’s quality assurance system is not
satisfactory to the administrator, validation of the manufacturer’s declaration of certification shall be withheld.
The following American Society for
Quality Control (ASQC) standards,
which are incorporated by reference,
may be used as guidelines in any quality assurance review:
(1) ASQC Q9000–1–1994 Quality Management and Quality Assurance Standards Guidelines for Selection and Use;
(2) ASQC Q9001–1994 Quality Systems—Model for Quality Assurance in
Design, Development, Production, Installation, and Servicing;
(3) ASQC Q9002–1994 Quality Systems—Model for Quality Assurance in
Production, Installation, and Servicing;
(4) ASQC Q9003–1994 Quality Systems—Model for Quality Assurance in
Final Inspection and Test;
(5) ASQC Q9004–1–1994 Quality Management and Quality System Elements-Guidelines.
(B) These standards have been approved by the Director of the Federal
Register for incorporation by reference
in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. They are available from
the American Society for Quality Control (ASQC), 611 East Wisconsin Avenue, Milwaukee, WI 53202.
(5) Notice of validation. When initial
testing, quality control review, and
evaluation of other technical data are
satisfactory to the administrator, a
Notice of Validation or Certification
shall be issued to the manufacturer.
This allows the use of the administrator’s registered mark on the product
label.
(6) Labeling. Each administrator shall
issue to the manufacturer labels, tags,
marks containing the administrator’s
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§ 200.935
24 CFR Ch. II (4–1–19 Edition)
validation mark, and the manufacturer’s certification of compliance with
the applicable standard. The registered
administrator’s
(validator’s)
mark
shall be on the label. A sponsor’s (association, testing agencies, society or
others) mark may be used in addition
to the administrator’s mark. The manufacturer’s certification of compliance
to the standard may be coded. Additional information such as type, grade,
class, etc., may also be coded. When
coding is used, the code shall be described in the directory or listing.
(7) Directory or listing. When required
by the program, the administrator
shall publish a directory or listing for
all certified products. The directory
shall list the items described in paragraph (d)(6) of this section. The directly shall also carry a complete list
of approved laboratories and shall be
updated to reflect additions or deletions of certified products and laboratories. Directories or listings shall be
published periodically as described in
the specific program. Each administrator shall make a complimentary
distribution of the directory or listing
to the HUD Field Offices and other government agencies designated by HUD.
A subscription fee may be charged to
others requesting copies.
(8) Periodic tests and quality control inspections. Samples of the certified product or prototype shall be selected periodically from the plant, warehouse inventory or sales points. The samples
shall be sent to an administrator-approved laboratory and tested in accordance with the applicable standard. The
frequency of testing shall be described
in the specific building product program. The administrator shall periodically visit the manufacturer’s facility
to assure that the initially accepted
quality control procedures are being
followed.
(9) Product decertification. If a failure
should occur in any test, the laboratory shall notify the administrator and
the manufacturer. The manufacturer
shall notify the administrator if a
retest if requested. If a retest is not requested, validation shall be withdrawn.
If the manufacturer requests a retest,
the administrator shall select new
samples and submit them to the same
or another laboratory at the manufac-
turer’s expense, for retest of only the
test requirement(s) in which the failure(s) occurred. If the specified number
of specimens pass the retest, the product can continue to be validated and
listed. If the designated number of
specimens described in the UM Bulletin
fail, the administrator shall decertify
the product. The manufacturer may request that a new selection be made of
the product after corredction or modifications and be subjected to the initial
acceptance testing procedure or to a
program of retesting established by the
administrator. The administrator may
decertify the product on the basis of inadequate quality control by the manufacturer. The administrator shall notify the manufacturer, HUD headquarters and the HUD Field Offices of
any decertification within 7 days.
When the product is decertified the
magnufacturer shall remove labels,
tags or marks from all production and
inventory in his/her control determined
to be in noncompliance.
(10) Challenge response. Any person or
organization may submit a sample of a
manufacturer’s certified product to the
administrator in substantiation of a
claim of noncompliance. Submission
shall be made to the administrator
that validated the manufacturer’s
product. The administrator shall notify
the manufacturer that its product has
been challenged and shall make arrangements to obtain test samples of
the challenged product. An estimate of
the cost of the special sample selection
and testing shall be made to the complainant. The complainant shall pay
the estimated cost of the investigation
in advance of any testing of the challenged product, unless HUD believes
the complaint to be in the public’s interest. HUD may conduct its own investigation when deemed necessary
based upon a complaint or a product
failure. The administrator shall submit
the sample of the challenged product to
an approved laboratory of the administrator’s choice with the request to test
compliance of only the challenged requirement(s). If the samples tested
prove that the product failed to meet
the standard, the product shall be decertified immediately. The manufacturer whose product is decertified shall
reimburse the administrator for all
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Office of Assistant Secretary for Housing, HUD
costs of the investigation and the administrator shall refund the complainant’s advance payment. If the tests
prove that the product does comply
with the standard, the complainant
shall be notified that the tests do not
support the complaint and that the advance fee has been used for the cost of
testing and investigating the claim.
(11) Maintainance of the program. Each
administrator shall maintain the program in conformance with administrative letters issued by HUD for the purpose of clarifying procedures and interpreting the applicable standard. These
letters may also be used to revise and
amend the procedures used in specific
programs. Significant changes in any
program shall be published in the FEDERAL REGISTER.
(e) Laboratory qualifications. The following laboratory qualifications apply
to all testing laboratories participating in the program including manufacturer’s laboratories and the administrator’s own laboratories when designated in the specific program.
(1) Organization and personnel. Laboratories wishing to participate in a
certification program shall apply to
the administrator and shall furnish the
following information:
(i) Name of laboratory, address, telephone number, name and title of official to be contacted for this program.
(ii) Name and qualifications of person
assigned by the laboratory to supervise
testing under a specific certification
program.
(iii) Name and qualifications of engineers and other key personnel who
shall conduct the testing.
(iv) Brief review of training program
for personnel associated with program
to assure the operational efficiency and
uniformity of the testing and quality
control procedures.
Each laboratory shall notify the administrator of any change in its submission regarding procedures and/or
major personnel associated with the
program.
(2) Equipment and facilities. Each laboratory shall:
(i) Describe the test instruments and
testing facilities to be used in making
the test(s) required by the applicable
standard. Information shall include:
Item of equipment, manufacturer, type
§ 200.935
or model, serial number, range, precision, frequency of calibration and dates
of calibration.
(ii) Provide photographs of the listed
equipment.
(iii) Provide a description of the applicable standards and calibration
equipment being used and the calibration procedures followed, including National
Bureau
of
Standards
traceability, when applicable. List outside organizations providing calibration services, if used.
(iv) Demonstrate that measurements
can be made with existing equipment
and repeated precision within the limits established by the applicable standards. Administrator may periodically
require laboratories to conduct collaborative testing on standard reference materials.
(v) Provide evidence, when regulated
temperatures and humidity are required, that charts are maintained
from a continuous recorder registering
both wet and dry bulb temperature or
relative humidity. The charts are to be
properly dated, retained and available
for inspection.
(vi) Provide a list of standards, test
methods and other information necessary to carry out the program.
(3) Testing methodology. (i) Describe
concisely the procedures for conducting the tests required and the specific equipment to be used.
(ii) Attach a sample test report showing representative test results and accompanied by test data forms for each
test required. When approved for program participation, testing laboratories may be required by administrator to report test results on standard summary report forms.
(4) Subcontractors. If a testing laboratory plans to subcontract any of its
testing to other laboratories, only approved laboratories acceptable to the
administrator shall be used.
(5) Laboratory quality control. The laboratory shall develop operating quality
control procedures acceptable to the
administrator. The procedures of the
American Council of Independent Laboratories 1 may be used as a guideline.
1 Copies are available from the American
Council of Independent Laboratories, Inc.,
1725 ‘‘K’’ Street, NW., Washington, DC 20006.
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§ 200.936
24 CFR Ch. II (4–1–19 Edition)
(6) Approval of laboratories. Administrators shall develop detailed laboratory approval requirements and conduct periodic inspections to assure
each test laboratory’s capability. Laboratory approval may be granted for 2
years. Reapproval of the laboratory
shall be necessary every 2 years. When
a program allows the use of an administrator’s own laboratories, these laboratories shall be reviewed by a qualified third party acceptable to HUD.
Documentation of acceptance for administrator laboratories shall be maintained by the administrator and HUD.
Administrator laboratories shall be
subject to reapproval every two years.
(7) Withdrawal of approval. Laboratory approval shall be withdrawn or
temporarily suspended if it is determined that the laboratory is not complying with the approved requirements.
Causes for suspension include, but are
not limited to, the following:
(i) Incompetence.
(ii) Failure to test in accordance with
the test methods described in the
standard.
(iii) Issuance of test reports which
fail to comply with the requirements
described in the specific product certification program.
(iv) Falsification of the information
reported.
(v) A statement implying validation
of the product using a test report
which constitutes only part of the
total standard.
(vi) Deceptively utilizing references
in advertising or other promotional activities.
(vii) Submission of incomplete or inadequate information and documentation called for herein.
formance with the following standards,
which are incorporated by reference:
(1) ANSI/UL 737 (1978), for fireplace
stoves;
(2) ANSI/UL 1482 (1979), for solid fuel
type room heaters with coal amendments.
(b) Labelling. (1) Under the procedures
set forth in paragraph (d)(6) of § 200.935,
concerning labelling of a product, the
administrator’s validation mark and
the manufacturer’s certification of
compliance with the applicable standards are required to be on the certification label issued by the administrator to the manufacturer. In the case
of solid fuel type room heaters and fireplace stoves, the following additional
information must be included on the
certification label:
(i) The manufacturer’s statement of
conformance to the HUD Building
Products Certification Program;
(ii) The manufacturer’s name and the
identity and location of manufacturing
plant;
(iii) The specification designation
and manufacturer series or model number; and
(iv) The type of fuel to be used.
(2) The certification label must be
permanently affixed to the heater or
stove and be readily visible after the
heater or stove is installed.
(c) Periodic tests and quality control inspections. Under the procedures set
forth in paragraph (d)(8) of § 200.935,
concerning periodic tests and quality
control inspections, the frequency of
testing for a product must be described
in the specific building product certification program. In the case of solid
fuel type room heaters and fireplace
stoves, testing and inspection shall be
conducted as follows:
(1) Once every four years, beginning
with the initial administrator visit, a
sample of each certified product shall
be selected by the administrator for
testing for compliance with the applicable standards in a laboratory which
has been accredited under the National
Voluntary Laboratory Accreditation
Program.
(2) The administrator shall visit the
manufacturer’s facility two times a
[44 FR 54656, Sept. 20, 1979, as amended at 63
FR 5423, Feb. 2, 1998; 72 FR 73494, Dec. 27,
2007]
§ 200.936 Supplementary specific procedural requirements under HUD
building products certification program for solid fuel type room heaters and fireplace stoves.
(a) Applicable standards. Solid fuel
type room heaters and fireplace stoves
certified under the HUD Building Products Certification Program shall be designed, assembled and tested in con-
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Office of Assistant Secretary for Housing, HUD
year to assure that the initially accepted quality control procedures are
being followed.
§ 200.940
(ii) Manufacturer’s name and code
identifying the plant location.
(2) The certification label shall be affixed to each plastic bathroom fixture.
(c) Periodic tests and quality control inspections. Under the procedures set
forth in paragraph (d)(8) of § 200.935,
concerning periodic tests and quality
control inspections, the frequency of
testing for a product shall be described
in the specific building product certification program. In the case of plastic
bathroom fixtures, testing and inspection shall be conducted as follows:
(1) At least every six months, the administrator shall visit the manufacturer’s facility to select a sample of each
certified plastic bathtub unit, plastic
shower receptor and stall, plastic water
closet bowl and tank for testing in an
approved laboratory, in accordance
with applicable standards.
(2) At least every twelve months, the
administrator shall visit the manufacturer’s facility to select a sample of
each certified plastic lavatory for testing in accordance with applicable
standards.
(3) The administrator shall also review quality control procedures at each
visit to determine that they continue
to be followed.
[48 FR 1955, Jan. 17, 1983]
§ 200.937 Supplementary specific procedural requirements under HUD
building product standards and certification program for plastic bathtub units, plastic shower receptors
and stalls, plastic lavatories, plastic
water closet bowls and tanks.
(a) Applicable standards. (1) Plastic
bathtub units, plastic shower receptors
and stalls, plastic lavatories, and plastic water closet bowls and tanks shall
be designed, assembled and tested in
compliance with the following standards, which are incorporated by reference:
ANSI Z124.1—(1980) Plastic Bathtub Units
ANSI Z124.2—(1980) Plastic Shower Receptors and Stalls
ANSI Z124.3—(1980) Plastic Lavatories
ANSI Z124.4—(1983) Plastic Water Closet
Bowls and Tanks
(2) These standards have been approved by the Director of the Federal
Register for incorporation by reference. They are available from the
American National Standards Institute, Inc., 11 West 42nd Street, New
York, NY 10036. The standards are also
available for inspection at the National
Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
202–741–6030,
or
go
to:
http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) Labeling. (1) Under the procedures
set forth in paragraph (d)(6) of § 200.935,
concerning labeling of a product, the
administrator’s validation mark and
the manufacturer’s certification of
compliance with the applicable standards are required to be on the certification label issued by the administrator to the manufacturer. In the case
of plastic bathtub units, plastic shower
receptors and stalls, plastic lavatories,
and plastic water closet bowls and
tanks, the following additional information shall be included on the certification label:
(i) Manufacturer’s statement of conformance to UM 73a;
[49 FR 378, Jan. 4, 1984, as amended at 59 FR
36695, July 19, 1994]
§ 200.940 Supplementary specific requirements under the HUD building
product standards and certification
program for sealed insulating glass
units.
(a) Applicable standards. (1) All sealed
insulating glass units shall be designed, manufactured, and tested in
compliance with the American Society
for Testing and Materials standard:
ASTM E–774–92 Standard Specification
for Sealed Insulating Glass Units.
(2) This standard has been approved
by the Director of the Federal Register
for incorporation by reference. The
standard is available from the American Society for Testing and Materials,
1916 Race Street, Philadelphia, PA
19103. This standard is also available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to: http://www.archives.gov/
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§ 200.942
24 CFR Ch. II (4–1–19 Edition)
federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
validation mark and the manufacturer’s certification of compliance with
the applicable standards are issued by
the administrator to the manufacturer.
Each sealed insulating glass unit shall
be marked as conforming to UM 82a.
The label shall be located on each
sealed insulating unit so that it is
available for inspection. The label shall
include the manufacturer’s name and
plant location.
(c) Periodic tests and quality assurance
inspections. Under the procedures set
forth in § 200.935(d)(8) concerning periodic tests and quality assurance inspections, the frequency of testing for
a product shall be described in the specific building product certification program. In the case of sealed insulating
glass units, testing and inspection
shall be conducted as follows:
(1) At least once a year, the administrator shall visit the manufacturer’s
facility to select a sample, of the maximum size commercially available, for
testing in a laboratory approved by the
administrator.
(2) The administrator shall also review the quality assurance procedures
twice a year to assure that they are
being followed by the manufacturer.
(v) ASTM D1335–67 (Reapproved
1972)—Standard Test Method for Tuft
Bind of Pile Floor Coverings;
(vi) ASTM D3676–78 (Reapproved
1983)—Standard Specification for Rubber Cellular Cushion Used for Carpet or
Rug Underlay;
(vii) ASTM E648–78—Standard Test
Method for Critical Radiant Flux of
Floor-Covering Systems Using a Radiant Heat Energy Source;
(viii)
ASTM
D2646–79—Standard
Methods of Testing Backing Fabrics;
(ix) ASTM D3936–80—Standard Test
Method for Delamination Strength of
Secondary Backing of Pile Floor Coverings;
(x) ASTM D297–81—Standard Methods
for Rubber Products—Chemical Analysis;
(xi) ASTM D418–82—Standard Methods of Testing Pile Yarn Floor Covering Construction; and
(xii) National Bureau of Standards
DOC FF 1–70. (ASTM D2859–76)—Standard Test Method for Flammability of
Finished Textile Floor Covering Materials.
(2) These standards have been approved by the Director of the Federal
Register for incorporation by reference. They are available from the (i)
American Association of Textile Chemists and Colorists (AATCC), P.O. Box
12215, Research Triangle Park, NC
27709;
(ii) American Society for Testing and
Materials (ASTM), 1916 Race Street,
Philadelphia, PA 19103; and
(iii) U.S. Department of Commerce,
National Bureau of Standards, Washington, DC 20234.
The standards are also available for inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or
go
to:
http://www.archives.gov/
federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) Labeling. (1) Under the procedures
set forth in § 202.935(d)(6), concerning
labeling of a product, the administrator’s validation mark and the manufacturer’s certification of compliance with
the applied standard is required to be
on the certification label issued by the
administrator to the manufacturer. In
[58 FR 67674, Dec. 22, 1993]
§ 200.942 Supplementary specific procedural requirements under HUD
building product standards and certification program for carpet and
carpet with attached cushion.
(a) Applicable standards. (1) Carpet
and carpet with attached cushion certified for this program shall be designed, manufactured and tested in accordance with the following standards:
(i) AATCC 20A–81—Fiber Analysis:
Quantitative;
(ii) AATCC 16E–82—Colorfastness to
Light: Water-Cooled Xenon-Arc Lamp,
Continuous Light;
(iii) AATCC 8–85—Colorfastness to
Crocking: AATCC Crockmeter Method;
(iv) AATCC 24–85—Insect, Resistance
to Textiles to;
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Office of Assistant Secretary for Housing, HUD
§ 200.944
the case of carpet and carpet with attached cushion, the following additional information shall be included on
the certification label, mark or stamp:
(i) Manufacturer’s name or code identifying the manufacturing plant location; and
(ii) Manufacturer’s statement of
compliance with UM 44d.
(2) The certification mark shall be
applied to each carpet at intervals of at
least every six feet, not less than one
foot from the edge.
(c) Periodic tests and quality control inspections. (1) Five samples of carpet and
carpet with attached cushion shall be
tested annually by the administrator
or by an administrator-approved laboratory. Three samples of each certified quality shall be taken from the
plant annually. Of these, two shall be
interim samples (taken every six
months) and one an annual sample. In
addition, two samples of each certified
quality shall be taken annually from
sources other than the manufacturer,
i.e., brought in the market place from
distributors or stores, not from the factory. The administrator shall select
samples for testing, and testing shall
be conducted, in accordance with the
applicable standards in a laboratory
accredited by the National Voluntary
Laboratory
Accreditation
Program
(NVLAP) of the National Bureau of
Standards, U.S. Department of Commerce.
(2) The administrator shall visit the
manufacturer’s facility at least once
every six months to assure that the
initially accepted quality control procedures continue to be followed.
part 51. It is available from the U.S.
Department of Commerce, NIST, Office
of Voluntary Product Standards, Gaithersburg, MD 20899.
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
validation mark and the manufacturer’s certification of compliance with
the applicable standard are required on
the certification label issued by the administrator to the manufacturer. However, in the case of grademarking of
lumber, the following information
shall be included on the certification
label or mark:
(1) The registered symbol which identifies the grading agency;
(2) Species or species combination;
(3) Grade;
(4) Identification of the applicable
grading rules when not indicated by
the species identification or agency
symbol;
(5) Mill or grader;
(6) For members which are less than
5 inches in nominal thickness, indication that the lumber was green or dry
at the time of dressing;
(7) Indication that the lumber was
finger jointed; and
(8) The certification mark shall be affixed to each piece of lumber.
(c) Periodic tests and quality assurance.
Periodic tests and quality assurance
inspections shall be carried out by the
American Lumber Standard Committee as defined in PS 20–94.
[51 FR 17928, May 16, 1986]
§ 200.944 Supplementary specific requirements under the HUD building
product standards and certification
program for plywood and other performance rated wood-based structural-use panels.
[63 FR 5423, Feb. 2, 1998]
§ 200.943 Supplementary specific requirements under the HUD building
product standards and certification
program for the grademarking of
lumber.
(a) Applicable standard. (1) In accordance with UM 38j, lumber shall be
grademarked in compliance with the
U.S. Department of Commerce Voluntary Product Standard PS 20–94
American Softwood Lumber Standard.
(2) This standard has been approved
by the Director of the Federal Register
for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
(a)(1) All plywood made to specifications of Voluntary Product Standard,
PS 1–83, ‘‘Construction and Industrial
Plywood’’ (published by the U.S. Department of Commerce, National Bureau of Standards (May 1984)) and grade
marked as PS 1–83 shall conform to the
requirements of PS 1–83, except that all
veneers may be D-grade. A copy of PS
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§ 200.944
24 CFR Ch. II (4–1–19 Edition)
1–83 may be obtained from the U.S. Department of Commerce, National Institute for Standards and Technology, Office of Product Standards, Gaithersburg, MD 20899.
(2) All plywood panels not meeting
the veneer grade requirements of PS 1–
83, and all performance rated composite and nonveneer structural-use
panels shall comply with the requirements described in the APA PRP–108,
‘‘Performance Standards and Policies
for Structural-Use panels’’ (published
by the American Plywood Association,
June 1988). However, in ASTM D–3043–
87, ‘‘Standard Methods of Testing
Structural Panels in Flexure’’ (published by the American Society for
Testing and Materials, August 28, 1987),
Method B may be used in lieu of Method C for measuring the mechanical
properties of the panel, provided that
the test specimen has a width of at
least 12 inches. The impact load shall
be 150 ft. lbs. for single-layer floor panels excluding any floor finishes. Copies
of the APA Standard may be obtained
from the American Plywood Association, P.O. Box 11700, Tacoma, WA 98411–
0770. Copies of the ASTM Standard may
be obtained from the American Society
of Testing and Materials, 1916 Race
Street, Philadelphia, PA 19103.
(3) Structural-use panels shall be installed in accordance with the manufacturer’s installation instructions and
Form No. E30K, ‘‘APA Design/Construction Guide-Residential and Commercial’’ (published by the American
Plywood Association, January 1989).
(4) These standards have been approved by the Director of the Federal
Register for incorporation by reference
in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies of the standards
are available for inspection at the National Archives and Records Administration (NARA). For information on
the availability of this material at
NARA, call 202–741–6030, or go to: http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
validation mark and the manufacturer’s certification of compliance with
the applicable standards are required
to be on the certification label issued
by the administrator to the manufacturer. Panels that conform to the Performance Standards and Policy for
Structural-Use Panels shall be marked
as conforming to UM 40c. All panels
complying with APA PRP–108 shall be
marked with a label formatted in the
manner similar to the trademark examples shown in APA PRP–108. All
panels will be marked with the mill
number. The certification mark shall
be stamped on each panel and be located so that it is available for inspection.
(c) Periodic tests and qualify control inspections. Under the procedures set
forth in § 200.935(d)(8) concerning periodic tests and quality control inspections, the frequency of testing for a
product shall be described in the specific building product certification program. In the case of plywood and woodbased structural-use panels, testing
and inspection shall be conducted as
follows:
(1) Testing shall be done in an Administrator’s laboratory or an Administrator-approved
laboratory
every
three months. All plywood qualified for
conformance with PS 1–83 shall be tested in accordance with PS 1–83.
(2) All thickness and lay-ups of structural-use panels in production made in
conformance with the Performance
Standards shall be tested in accordance
with procedures set forth in APA PRP–
108 Performance Standards and Policies for Structural-Use Panels (published by the American Plywood Association Standard June 1988).
(3) The Administrator shall examine
each manufacturer’s quality control
procedures to assure they are the same
as or equivalent to those set forth
under the Quality Assurance Policy
section 4.2.3 of the publication referenced in paragraph (2) above or PS 1–
83 section 3.8.6.6, Reexamination.
(4) The Administrator shall inspect
the manufacturer’s procedures at the
plant at least every three months to
assure that the initially accepted quality control procedures are being followed.
[55 FR 38785, Sept. 20, 1990]
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Office of Assistant Secretary for Housing, HUD
§ 200.946
er’s certification of compliance with
UM 44d are required to be on the certification label issued by the Administrator to the manufacturer. The label
shall be placed on each carpet every six
feet not less than one foot from the
edge.
(c) Periodic tests and quality assurance
inspection. Under the procedure set
forth in § 200.935(d)(8), testing and inspection shall be conducted as follows:
(1) Every six months, three samples
and one annual field sample of carpet
shall be submitted to the Administrator for testing in a laboratory accredited by the National Voluntary
Laboratory Accreditation Program of
the U.S. Department of Commerce.
(2) The administrator also shall review the quality assurance procedures
every six months to assure that they
are being followed by the manufacturer.
§ 200.945 Supplementary specific requirements under the HUD building
product standards and certification
program for carpet.
(a) Applicable standards. (1) All carpet
shall be designed, manufactured, and
tested in compliance with the following standards from the American
Society for Testing and Materials and
the American Association of Textile
Chemists and Colorists:
(i) ASTM D418–92—Standard Test
Methods for Tuft and Yarn Length of
Uncoated Floor Coverings;
(ii)
ASTM
D1335–67—(Reapproved
1972) Standard Test Method for Tuft
Bind of Pile Floor Coverings;
(iii) ASTM D 2646–87—Standard Test
Methods for Backing Fabrics;
(iv) ASTM D 3936–80—Standard Test
Method for Delamination Strength of
Secondary Backing of Pile Floor Coverings;
(v) AATCC Test Method 16e–82—
Colorfastness to Light: Water-Cooled
Xenon-Arc Lamp, Continuous Light;
(vi) AATCC Test Method 165–86—
Colorfastness to Crocking: Carpets—
AATCC Crock Meter Method;
(vii) ASTM D 3676–78—(Reapproved
1989) Standard Specification for Rubber
Cellular Cushion Used for Carpet or
Rug Underlay;
(viii) ASTM D 3574–91—Standard Test
Methods for Flexible Cellular Materials—Slab, Bonded and Molded Urethane Foams.
(2) These standards have been approved by the Director of the Federal
Register for incorporation by reference. The standards are available
from the American Society for Testing
and Materials, 1916 Race Street, Philadelphia, PA 19103 and the American Association of Textile Chemists and
Colorists, P.O. Box 12215, Research Triangle Park, NC 27709. These standards
are also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at
NARA, call 202–741–6030, or go to: http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
validation mark and the manufactur-
[58 FR 67674, Dec. 22, 1993]
§ 200.946 Building product standards
and certification program for exterior finish and insulation systems,
use of Materials Bulletin UM 101.
(a) Applicable standards: (1) All Exterior Finish and Insulation Systems
shall be designed, manufactured, and
tested in compliance with the following standards:
(i) ASCE 7–93, American Society of
Civil
Engineers—Minimum
Design
Loads for Buildings and Other Structures.
(ii) ASTM C 150–94 Standard Specification for Portland Cement.
(iii) ASTM C 920–87 Standard Specification
for
Elastomeric
Joint
Sealants.
(iv) ASTM C–1186–91 Standard Specification for Flat Non-Asbestos FiberCement Sheets.
(v) ASTM D 579–90 Standard Specification for Greige Woven Glass Fabrics.
(vi) ASTM D 3273–86—(Reapproved
1991) Standard Test Method for Resistance to Growth of Mold on the Surface
of Interior Coatings in an Environmental Chamber.
(vii) ASTM E 330–90 Standard Test
Method for Structural Performance of
Exterior Windows, Curtain Walls, and
Doors by Uniform Static Air Pressure
Difference.
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§ 200.946
24 CFR Ch. II (4–1–19 Edition)
(viii) ASTM E 695–79 (Reapproved
1991), Standard Method of Measuring
Relative Resistance of Wall, Floor, and
Roof Construction to Impact Loading.
(ix) ASTM G 26–93 Standard Practice
for Operating Light-Exposure Apparatus (Xenon-Arc Type) With and Without Water for Exposure of Nonmetallic
Materials.
(x) Council of American Building Officials, Model Energy Code, 1993 Edition.
(xi) EIMA Test Method 101.01–95
(modified ASTM C67–91) Standard Test
Method for Freeze/Thaw Resistance of
Exterior Insulation and Finish Systems (EIFS), Class PB.
(xii) EIMA Test Method 101.02–95
(modified ASTM E331–91)—Standard
Test Method for Resistance to Water
Penetration of Exterior Insulation and
Finish Systems (EIFS), Class PB.
(xiii) EIMA Test Method 101.03–95
(modified ASTM C297–91)—Standard
Test Method for Determining the Tensile Adhesion Strength of an Exterior
Insulation and Finish System (EIFS),
Class PB.
(xiv) EIMA Test Method 105.01–95—
Standard Test Method for Alkali Resistance of Glass Fiber Reinforcing
Mesh for Use in Exterior Insulation
and Finish Systems (EIFS), Class PB.
(xv) European Agreement Union
Technical Committee—June 88—UEAtc
Directives for the Assessment of External Insulation System for Walls (Expanded Polystyrene Insulation Faced
with a Thin Rendering) Section 3.3.3.3.
(2) These standards have been approved by the Director of the Federal
Register for incorporation by reference
in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. They are available from:
(i) American Society Civil Engineers
(ASCE) 345 East 47th Street, New York,
NY 10017.
(ii) American Society for Testing and
Materials (ASTM), 1916 Race Street,
Philadelphia, Pennsylvania 19103;
(iii) Council of American Building Officials, 5203 Leesburg Pike, Falls
Church, Virginia 22041;
(iv) EAUTC Centre Scientifique ET
Technique Du Batiment (CSTB), 84 Avenue Jesu Jaures, B.P. 02–77421 MarneLA-Valee Cedex 2, Paris, France.
(v) Exterior Insulation Manufacturers Association (EIMA), 2759 State
Road 580, Suite 112, Clearwater, Florida
34621–3350.
(3) The standards are available also
for inspection at the Office of Manufactured Housing and Regulatory Functions, Standards and Products Branch,
Department of Housing and Urban Development, room 3214, L’Enfant Plaza,
490E, Mail Room B–133, Washington,
DC 20410–8000, and at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
202–741–6030,
or
go
to:
http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) Labeling. Under the procedures as
set forth in § 200.935(d)(6), concerning
labeling of a product, the administrator’s validation mark and the manufacturer’s certification of compliance with
the applied standard is required to be
on the certification label issued by the
administrator to the manufacturers. In
the case of exterior wall insulation and
finish systems, the certification label
containing the administrator’s mark
shall be permanently affixed on the
package or container of base and finish
coating materials. Further, additional
information shall be included on the
certification label or mark:
(1) Manufacturer’s name.
(2) Manufacturer’s statement of conformance with UM 101.
(c) The Administrator shall visit the
manufacturer’s or sponsor’s facility
every 6 months, to assure that the initially accepted quality assurance procedures are being followed. At least
every four years, the Administrator
also shall have the exterior wall insulation and finish systems tested in an approved laboratory to assure that the
original performance is maintained.
(d) The administrator’s (or administration-accepted inspection agency) inspection of EFIS system installation of
5000 sq. ft. or more, shall be made during and upon completion of the construction. Reports of the inspection
shall be made to the owner. These reports shall state:
(1) The coverage of the finish coat per
square foot for a given volume of finish.
(2) The minimum thickness of the
base and finish coatings.
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Office of Assistant Secretary for Housing, HUD
§ 200.948
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to: http://www.archives.gov/
federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
certification of compliance with the
applicable standards and the type of
board are required to be on the certification label issued by the administrator to the manufacturer.
(c) Periodic tests and quality assurance
inspection. Under the procedure set
forth in § 200.935(d)(8), testing and inspection shall be conducted as follows:
(1) At least every six months, the administrator shall visit the manufacturer’s facility to select a sample of each
certified polystyrene foam insulation
board for testing by a laboratory approved by the administrator.
(2) The administrator also shall review the quality assurance procedures
every six months to assure that they
are being followed by the manufacturer.
(3) The fiberglass mesh is installed
properly around joints and insulation.
All penetrations, including windows,
flashing, etc., are sealed; and there is a
caulk and sealant continuity evaluation; and
(4) There is a caulk and sealant continuity evaluation with special concerns on maintenance.
(e) The manufacturer shall warrant
their exterior wall insulation and finish system, including any caulks and
sealants, for twenty years against
faulty performance. The warranty shall
include correction of delamination,
chipping, denting, peeling, blistering,
flaking, bulging, unsightly discoloration, or other serious deterioration of
the system such as the intrusion of
water through the wall or structural
failure of the system’s surface materials. Should any of these defects
occur, the manufacturer shall make a
pro-rata allowance for replacement or
pay the owner the amount of the allowance. The manufacturer shall not be
liable for damages or defects resulting
from misuse, natural catastrophes, or
other causes beyond the control of the
manufacturer. The contractor shall
provide a statement to the owner that
the product has been installed in compliance with HUD requirements and
that the manufacturer’s warranty does
not relieve the builder, in any way, of
responsibility under the terms of the
Builder’s Warranty required by the National Housing Act, or under any other
housing program.
[58 FR 67675, Dec. 22, 1993]
§ 200.948 Building product standards
and certification program for carpet cushion.
(a) Applicable standards. (1) All carpet
cushion shall be designed, manufactured, and tested in compliance with
the following standards from the American Society for Testing and Materials:
(i) ASTM D 1667–76—(Reapproved
1990) Standard Specification for Flexible Cellular Materials—Vinyl Chloride
Polymers and Copolymers (Closed-Cell
Foam);
(ii) ASTM D2646–87—Standard Test
Methods for Backing Fabrics;
(iii) ASTM D629–88—Standard Test
Methods for Quantitative Analysis of
Textiles;
(iv) ASTM D3574–91—Standard Test
Methods for Flexible Cellular Materials—Slab, Bonded, and Molded Urethane Foams;
(v) ASTM D3676–78—Standard Specification for Rubber Cellular Cushion
Used for Carpet or Rug Underlay.
[60 FR 47841, Sept. 14, 1995]
§ 200.947 Building product standards
and certification program for polystyrene foam insulation board.
(a) Applicable standards. (1) All polystyrene foam insulation board shall be
designed, manufactured, and tested in
compliance with the American Society
for Testing and Materials (ASTM)
standard C–578–92, Standard Specification for Rigid, Cellular Polystyrene
Thermal Insulation.
(2) This standard has been approved
by the Director of the Federal Register
for incorporation by reference. The
standard is available from the American Society for Testing and Materials,
1916 Race Street, Philadelphia, PA
19103. This standard is also available
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§ 200.949
24 CFR Ch. II (4–1–19 Edition)
(iii) ISDSI–101–83—(Reapproved 1989)
Air Infiltration Performance Standard
for Insulated Steel Door Systems;
(iv) ISDSI–102–84—Installation Standard for Insulated Steel Door Systems;
(v) ISDSI–104–86—Water Penetration
Performance Standard for Insulated
Steel Door Systems;
(vi) ISDSI–105–80—Test Procedure
and Acceptance Criteria for Physical
Endurance for Steel Doors and Hardware Reinforcings;
(vii) ISDSI–106–80—Test Procedure
and Acceptance Criteria for Prime
Painted Steel Surfaces for Steel Doors
and Frames;
(viii) ISDSI–107–80—Thermal Performance Standard for Insulated Steel
Door Systems;
(ix) ASTM F476–84—(Reapproved 1991)
Standard Test Methods for Security of
Swinging Door Assemblies.
(2) These standards have been approved by the Director of the Federal
Register for incorporation by reference. These standards are available
from the American Society for Testing
and Materials, 1916 Race Street, Philadelphia, PA 19103 or the Insulated Steel
Door Institute, 712 Lakewood Center
North, 14600 Detroit Avenue, Cleveland,
OH 44107. These standards are also
available for inspection at the National
Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
202–741–6030,
or
go
to:
http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
certification of compliance with the
applicable standards is required to be
on the certification label issued by the
administrator to the manufacturer.
(c) Periodic tests and quality assurance
inspection. Under the procedure set
forth in § 200.935(d)(8), testing and inspection shall be conducted as follows:
(1) At least every four years, the administrator shall visit the manufacturer’s facility to select a sample of each
certified exterior insulated steel door
system for testing by an approved laboratory in accordance with the applicable standard.
(2) These standards have been approved by the Director of the Federal
Register for incorporation by reference. The standards are available
from the American Society for Testing
Materials, 1916 Race Street, Philadelphia, PA 19103. These standards are
also available for inspection at the National Archives and Records Administration (NARA). For information on
the availability of this material at
NARA, call 202–741–6030, or go to: http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
validation mark, the manufacturer’s
certification of compliance with the
applicable standards, and the type and
class all are required to be on the certification label issued by the administrator to the manufacturer.
(c) Periodic tests and quality assurance
inspection. Under the procedure set
forth in § 200.935(d)(8), testing and inspection shall be conducted as follows:
(1) At least every six months, the administrator shall visit the manufacturer’s facility to select a sample of each
certified carpet cushion for testing by
a laboratory approved by the administrator.
(2) The administrator also shall review the quality assurance procedures
every six months to assure that they
are being followed by the manufacturer.
[58 FR 67675, Dec. 22, 1993]
§ 200.949 Building product standards
and certification program for exterior insulated steel door systems.
(a) Applicable standards. (1) All Exterior Insulated Steel Door Systems shall
be designed, manufactured, and tested
in compliance with the following
standards from the American Society
for Testing and Materials and Insulated Steel Door Systems Institute:
(i) ASTM A591/A591M–89—Standard
Specification for Steel Sheet, Electrolytic-Zinc Coated, for Light Coating
Mass Applications;
(ii) ISDSI–100–90—Door Size Dimensional Standard and Assembly Tolerances for Insulated Steel Door Systems;
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Office of Assistant Secretary for Housing, HUD
(2) The administrator also shall review the quality assurance procedures
every year to assure that they are
being followed by the manufacturer.
§ 200.952
quality assurance procedures are being
followed.
(2) At least every four years, the administrator shall visit the manufacturer’s facility to select a sample of each
certified solar water heating system
for testing by a laboratory approved by
the administrator.
(d) Warranty. The manufacturer shall
provide, at no cost, a full five-year warranty against defects in material or
workmanship, on the absorber plate,
cooling passages, and the collector (excluding any glass), running from the
date of installation of the solar water
heating system. The warranty also
shall include the full costs of field inspection, parts, and labor required to
remedy the defects, and will include
the cost of replacement at the site if
required. This warranty is not required
to cover defects resulting from exposure to harmful materials, fire, flood,
lightning, hurricane, tornado, hailstorms, earthquakes, or other acts of
God, vandalism, explosions, harmful
chemicals or other fluids, fumes or vapors. This exclusion will apply to the
operation of the collector under excessive pressures or excessive flow rates,
misuse, abuse, negligence, accidents,
alterations, falling objects or other
causes beyond the control of the manufacturer. Following the initial five
years, the manufacturer shall provide a
limited no-cost five-year warranty for
collector parts on a prorata allowance
basis.
[58 FR 67675, Dec. 22, 1993]
§ 200.950 Building product standards
and certification program for solar
water heating system.
(a) Applicable standards. (1) All solar
water heating systems shall be designed, manufactured, and tested in
compliance with Solar Rating and Certification Corporation (SRCC) Document OG–300–93, Operating Guidelines
and Minimum Standards for Certifying
Solar Water Heating Systems: An Optional SWH System Certification and
Rating Program. Section 10 of the
SRCC standard has been omitted because it was considered proprietary,
since it describes an administrative
program specifically carried out by
SRCC.
(2) This standard has been approved
by the Director of the Federal Register
for incorporation by reference. The
standard is available from the Solar
Rating and Certification Corporation,
777 North Capitol Street, NE., suite 805,
Washington, DC 20002. This standard is
also available for inspection at the National Archives and Records Administration (NARA). For information on
the availability of this material at
NARA, call 202–741–6030, or go to: http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
validation mark and the manufacturer’s certification of compliance with
the applicable standards are required
to be on the certification label issued
by the administrator to the manufacturer. Each solar water heating system
shall be marked as conforming to UM
100. The label shall include the manufacturer’s name and plant location.
(c) Periodic tests and quality assurance
inspection. Under the procedure set
forth in § 200.935(d)(8), testing and inspection shall be conducted as follows:
(1) The Administrator shall visit the
manufacturer’s factory every two years
to assure that the initially accepted
[58 FR 67676, Dec. 22, 1993]
§ 200.952 Supplementary specific requirements under the HUD building
product standards and certification
program for particleboard interior
stair treads.
(a) Applicable standards. (1) All interior particleboard stair treads shall be
designed, manufactured, and tested in
compliance with ANSI A208.1–1993
Particleboard, Grade M–3.
(2) This standard has been approved
by the Director of the Federal Register
for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51, and is available from the
American National Standards Institute, Inc., 11 West 42nd Street, New
York, NY 10036.
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§ 200.954
24 CFR Ch. II (4–1–19 Edition)
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
validation mark and the manufacturer’s certification of compliance with
the applicable standard are required to
be on the certification label issued by
the administrator to the manufacturer.
Each interior particleboard stair tread
shall include the manufacturer’s statement of conformance to UM 70b, a
statement that this product is for interior use only, and the manufacturer’s
name and plant location.
(c) Periodic tests and quality assurance.
Under the procedures set forth in
§ 200.935(d)(8) concerning periodic tests
and quality assurance inspections, the
frequency of testing for a product shall
be described in the specific building
product certification program. In the
case of interior particleboard stair
treads, testing and inspection shall be
conducted as follows:
(1) At least once every three months,
the administrator shall visit the manufacturer’s facility to select a sample
for testing in a laboratory approved by
the administrator.
(2) The administrator shall also review the quality assurance procedures
twice a year to assure that they are
being followed by the manufacturer.
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
validation mark and the manufacturer’s certification of compliance with
the applicable standard are required to
be on the certification label issued by
the administrator to the manufacturer.
Each container shall be marked as
being in compliance with UM 60a. The
label shall also include the manufacturer’s name, plant location, and shelf
life.
(c) Periodic tests and quality assurance.
Under the procedures set forth in
§ 200.935(d)(8) concerning periodic tests
and quality assurance inspections, the
frequency of testing for a product shall
be described in the specific building
product certification program. In the
case of construction adhesives for field
glued wood floor systems, testing and
inspection shall be conducted as follows:
(1) At least every six months, the administrator shall visit the manufacturer’s facility to select a sample for testing in a laboratory approved by the administrator.
(2) The administrator shall also review the quality assurance procedures
twice a year to assure that they are
being followed by the manufacturer.
[63 FR 5424, Feb. 2, 1998]
[63 FR 5424, Feb. 2, 1998]
§ 200.954 Supplementary specific requirements under the HUD building
product standard and certification
program for construction adhesives
for wood floor systems.
(a) Applicable standards. (1) All construction adhesives for field glued wood
floor systems shall be designed, manufactured, and tested in compliance with
the following American Society for
Testing and Materials (ASTM) standard: D 3498–93 Standard Specification
for Adhesives for Field-Gluing Plywood
to Lumber Framing for Floor Systems
except that the mold and bacteria resistance tests shall not be included.
(2) This standard has been approved
by the Director of the Federal Register
for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51, and is available from the
American Society for Testing & Materials Inc., 100 Barr Harbor Drive, West
Conshohocken, PA. 19428.
§ 200.955 Supplementary specific requirements under the HUD building
product standard and certification
program for fenestration products
(windows and doors).
(a) Applicable standards. (1) All windows and doors shall be designed, manufactured, and tested in compliance
with American Architectural Manufacturers Association (AAMA) standard,
AAMA/NWWDA 101/I.S.2–97 Voluntary
Specifications for Aluminum, Vinyl
(PVC) and Wood Windows and Glass
Doors.
(2) This standard has been approved
by the Director of the Federal Register
for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51, and is available from the
American Architectural Manufacturers
Association, 1827 Walden Office Square,
Suite 104, Schaumburg, IL 60173.
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Office of Assistant Secretary for Housing, HUD
(b) Labeling. Under the procedures set
forth in § 200.935(d)(6) concerning labeling of a product, the administrator’s
validation mark and the manufacturer’s certification of compliance with
the applicable standards are required
to be on the certification label issued
by the administrator to the manufacturer. Each window or glass door shall
include the manufacturer’s name, plant
location, and statement of compliance
with UM 111.
(c) Periodic tests and quality assurance
inspections. Under the procedures set
forth in § 200.935(d)(8) concerning periodic tests and quality assurance inspections, the frequency of testing for
a product shall be described in the specific building product certification program. In the case of windows and glass
doors, testing and inspection shall be
conducted as follows:
(1) At least once every four years, the
administrator shall visit the manufacturer’s facility to select a commercial
sample for testing in a laboratory approved by the administrator.
(2) The administrator shall also review the quality assurance procedures
twice a year to assure that they are
being followed by the manufacturer.
Numbers for applicants in unassisted
programs.
[61 FR 11118, Mar. 18, 1996]
Subpart V—Income Information;
Assistance Applicants and
Participants
§ 200.1201 Cross-reference.
The provisions in subpart B of part 5
of this title apply to income information for assistance applicants and participants.
[61 FR 11118, Mar. 18, 1996]
Subpart W—Administrative Matters
§ 200.1301 Expiring programs—Savings
clause.
(a) No new loan assistance, additional participation, or new loans are
being insured under the programs listed in this section. Existing loan assistance, ongoing participation, or insured
loans under the programs shall continue to be governed by regulations in
effect as described in this section.
(b) Any existing loan assistance, ongoing participation, or insured loans
under the programs listed in this paragraph will continue to be governed by
the regulations in effect as they existed immediately before October 11,
1995 (24 CFR parts 205, 209, 224–228, 240,
277, 278, 1994 edition):
(1) Part 205, Mortgage Insurance for
Land Development (Title X of the National Housing Act, repealed by section
133(a) of the Department of Housing
and Urban Development Reform Act of
1989 (Public Law 101–235, approved December 15, 1989).
(2) Part 209, Individual Homes; War
Housing Mortgage Insurance (12 U.S.C.
1736–1743).
(3) Part 224, Armed Services HousingMilitary Personnel (12 U.S.C. 1736–
1746a).
(4) Part 225, Military Housing Insurance (12 U.S.C. 1748b).
(5) Part 226, Armed Services HousingCivilian Employees (12 U.S.C. 1748h–1).
(6) Part 227, Armed Services HousingImpacted Areas (12 U.S.C. 1478h–2).
(7) Part 228, Individual Residences;
National Defense Housing Mortgage Insurance (12 U.S.C. 1750 as amended by
42 U.S.C. 1591c).
[63 FR 5424, Feb. 2, 1998]
Subpart T—Social Security Numbers and Employer Identification Numbers; Assistance Applicants and Participants
§ 200.1001
Cross-reference.
The provisions in subpart B of part 5
of this title apply to Social Security
Numbers and Employer Identification
Numbers for assistance applicants and
participants.
[61 FR 11118, Mar. 18, 1996]
Subpart U—Social Security Numbers and Employer Identification Numbers; Applicants in
Unassisted Programs
§ 200.1101
§ 200.1301
Cross-reference.
The provisions in subpart B of part 5
of this title apply to Social Security
Numbers and Employer Identification
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| File Type | application/pdf |
| File Modified | 2019-07-31 |
| File Created | 2019-08-01 |