Laws & Regs

§ 200.926b

24 CFR Ch. II (4–1–04 Edition)
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.

§ 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.)
(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

[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
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 ............................

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

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Office of Assistant Secretary for Housing, HUD
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
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 prox-

§ 200.926d

imity 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).
(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

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§ 200.926d

24 CFR Ch. II (4–1–04 Edition)

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 pri-

vate 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
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

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Office of Assistant Secretary for Housing, HUD
(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
(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, con-

§ 200.926d

sisting 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.
(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

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§ 200.926d

24 CFR Ch. II (4–1–04 Edition)

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.
DISTANCE FROM SOURCE OF POLLUTION
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 ............................................................

10
50
1 100
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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.

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Office of Assistant Secretary for Housing, HUD

§ 200.926e

(ii) Tanks shall be equipped with a
clean-out plug at the lowest point, and
a suitable pressure relief valve.

(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.
(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.

(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.
(a) Roof live loads.
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

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