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CHAPTER XX-OFFICE OF ASSISTANT

SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT

OF HOUSING AND URBAN DEVELOPMENT

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and installations are adequate for the protection of health, safety and the general welfare.

(b) These Federal manufactured home construction and safety standards seek, to the maximum extent possible, to establish performance requirements. In certain instances, however, the use of specific requirements in the Standard is necessary because, at this time, that is the best available means of identifying the desired performance. The use of specific requirements is not intended to prohibit the utilization of any material, piece of equipment, or system which cannot meet the precise specifications, but which upon evaluation provides equivalent or superior performance. Where any material, piece of equipment, or system which does not meet precise specifications set out in the standard is shown, to the satisfaction of the Secretary, to meet the level of performance of a material, piece of equipment or system which meets the precise specifications, the Secretary may waive the specifications set out in the standard for that material, piece of equipment, or system. Whenever a waiver is issued, the Secretary shall issue an interpretative bulletin which announces the waiver, states that the material, piece of equipment or system meets the required standard of performance, and sets out any limitations or other requirements with respect to how the material, piece of equipment, or system must be used, including any tests of the material, piece of equipment, or system which the Secretary determines must be carried out before it can be used. Where a waiver has been issued, the requirements of the section of the Federal standard to which the waiver relates may be met either by meeting the specifications set out in the standard or by meeting any requirements set out in the interpretative bulletin which announces the waiver.

(c) Interpretative bulletins may also be issued for the following purposes: (1) To clarify the meaning of the standard; and

(2) To assist in the enforcement of the standard.

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(a) Definitions in this subpart are those common to all subparts of the standard and are in addition to the definitions provided in individual parts.

(1) "Approved," when used in connection with any material, appliance or construction, means complying with the requirements of the Department of Housing and Urban Development.

(2) "Center" means the midline between the right and left side of a manufactured home.

(3) "Certification label" means the approved form of certification by the manufacturer that, under § 3280.8, is permanently affixed to each transportable section of each manufactured home manufactured for sale in the United States.

(4) "Combustible Material" means materials made of, or surfaced with, wood, compressed paper, plant fibers, or other material that will ignite and burn. Such materials shall be considered as combustible even though flameproofed, fire-retardant treated, or plastered.

(5) "Defect" includes any defect in the performance, construction, components, or material of a manufactured home that renders the home or any part thereof not fit for the ordinary use for which it was intended.

(6) "Department" means the Department of Housing and Urban Development.

(7) "Dwelling Unit" means one or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking and eating.

(8) "Equipment" includes materials, appliances, devices, fixtures, fittings or accessories both in the construction of, and in the fire safety, plumbing, heat-producing and electrical systems of manufactured homes.

(9) "Federal manufactured home construction and safety standard" means a reasonable standard for the construction, design, and performance of a manufactured home which meets the needs of the public including the need for quality, durability, and safety.

(10) "Imminent safety hazard" means a hazard that presents an immi

nent and unreasonable risk of death severe personal injury.

(11) "Installations" means all rangements and methods of constr tion, as well as fire safety, plumbing heat-producing and electrical system used in manufactured homes.

(12) "Labeled" means a label, symb or other identifying mark of a nati ally recognized testing laboratory, spection agency, or other organizatio concerned with product evaluatio that maintains periodic inspection of production of labeled equipment materials, and by whose labeling is n dicated compliance with nationally recognized standards or tests to deter mine suitable usage in a specifie

manner.

(13) "Length of a Manufactured Home" means its largest overall lengt in the traveling mode, including cab nets, and other projections which con tain interior space. Length does not it Iclude bay windows, roof projections. overhangs, or eaves under which there is no interior space, nor does it include drawbars, couplings or hitches.

(14) "Listed or Certified" means included in a list published by a nationally recognized testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection of production of listed equipment or ma terials, and whose listing states either that the equipment or material meets nationally recognized standards or has been tested and found suitable for use in a specified manner.

means any

(15) "Manufacturer" person engaged in manufacturing or assembling manufactured homes, including any person engaged in import ing manufactured homes for resale.

(16) "Manufactured Home" means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a perma nent chassis and designed to be used as a dwelling with or without a permanent foundation when connected the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained there

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