Water heater strapping in manufactured homes

[ilpowell]

Hello, I inspect homes in an area where all on-site built homes require the water heaters to be strapped top and bottom. The problem I have encountered is in situations with water heater seismic strapping in manufactured homes. The homes are in many cases new or only a few years old. They have been inspected by the local county inspectors when they were set up on the site. When I talked to the county inspectors they informed me that they do not inspect or enforce any codes inside of the homes. In all cases the water heaters were held in place by metal brackets at the top and bottom. Same as they were when they left the manufacturer. The HUD standards are vague in this area, and I need someone to clarify if the additional straps should be installed or not. The real-estate agents want to be on the safe side, and I don't want to be telling the seller of a new or nearly new home that he needs to install additional straps on the water heater. In many cases the seller thinks the straps should have been required when he bought the home in the first place. Or he thinks that I am being unreasonable to make him spend time and money that is not needed. Please help me resolve this matter, Thank you, Lynn Powell

[Gerry Beaumont]

Originally Posted by ilpowell

Hello, I inspect homes in an area where all on-site built homes require the water heaters to be strapped top and bottom. The problem I have encountered is in situations with water heater seismic strapping in manufactured homes. The homes are in many cases new or only a few years old. They have been inspected by the local county inspectors when they were set up on the site. When I talked to the county inspectors they informed me that they do not inspect or enforce any codes inside of the homes. In all cases the water heaters were held in place by metal brackets at the top and bottom. Same as they were when they left the manufacturer. The HUD standards are vague in this area, and I need someone to clarify if the additional straps should be installed or not. The real-estate agents want to be on the safe side, and I don't want to be telling the seller of a new or nearly new home that he needs to install additional straps on the water heater. In many cases the seller thinks the straps should have been required when he bought the home in the first place. Or he thinks that I am being unreasonable to make him spend time and money that is not needed. Please help me resolve this matter, Thank you, Lynn Powell

Hi to all,

Lynn, in all cases the HUD regulations take presidence over state regulation for anything inside of the unit, your local AHJ is only empowered to inspect the areas outside of the unit such as piers. bracing, connection to utilities and general site issues.

The unit must have passed 3rd party inspection before it left the factory to recieve it's HUD data plate.

If need be contact the authority having juristiction for HUD homes in your state, that may be either DMV or State Fire Marshals office.

Regards

Gerry

[Jeffrey R. Pope]

This would be heavily dependant on the state where you are inspecting. In CA, it's quite clear. It's a state law.

CALIFORNIA CODES HEALTH AND

SAFETY CODE SECTION 19210-19217


19210. (a) The Legislature finds and declares that there exists a serious threat of fire, explosion, or electrocution to the people of California from water heaters that overturn or experience damage to the plumbing or electrical wiring during an earthquake, and that a large number of structures will suffer damage from water heaters due to the lack of adequate strapping or bracing.

(b) The Legislature further finds and declares that it is the goal of the State of California to reduce earthquake hazards in this state.

(c) The Legislature further finds and declares that the original state policy goal of having all water heaters strapped or properly anchored by the year 2000 has not been achieved, thereby exposing the residents of California to a continuing serious risk of injury or damage from water heaters overturned or demolished during earthquakes.

(d) The Legislature further finds and declares that occupants of rental housing in this state are vulnerable to the threat of fire, explosion, or electrocution from water heaters that overturn or experience damage during an earthquake, and are not authorized to strap, brace, or anchor water heaters in their units without the owner's advance approval, thus exposing them to hazardous conditions that they cannot mitigate.

(e) It is the intent of the Legislature that compliance with Section 19211 shall not result in the displacement of existing households.

19211

(a) Notwithstanding Section 19100, all new and replacement water heaters, and all existing residential water heaters, shall be braced, anchored, or strapped to resist falling or horizontal displacement due to earthquake motion. At a minimum, any water heater shall be secured in accordance with the California Plumbing Code, or modifications made thereto by a city, county, or city and county pursuant to Section 17958.5.

(b) The seller of any real property containing a water heater shall certify to the prospective purchaser that this section has been complied with. This certification shall be made in writing, and may be included in existing transactional documents, including, but not limited to, the Homeowner's Guide to Earthquake Safety published pursuant to Section 10149 of the Business and Professions Code, a real estate sales contract or receipt for deposit, or a transfer disclosure statement pursuant to Section 1102.6 or 1102.6a of the Civil Code.

(c) An owner of a residential rental property shall not evict any person on the basis that the eviction is required in order to comply with this section.

(d) For the purposes of subdivision (a), "water heater" means any standard water heater with a capacity of not more than 120 gallons for which a preengineered strapping kit is readily available.

(e) Notwithstanding Section 669 of the Evidence Code, the failure of any person to comply with this section shall not create a presumption of a failure by that person to exercise due care.

(f) Any building or portion thereof, including any dwelling unit, guestroom, suite of rooms, or portions thereof, or the premises on which it is located is deemed to be a nuisance if it is in violation of this section. The owner or the owner's agent shall have the right to correct any violation of subdivision (a) pursuant to Section 17980.

19212. All water heaters manufactured for sale in California on or after July 1, 1991, shall include a statement in the installation instructions that water heater units must be braced, anchored, or strapped to resist falling or horizontal displacement due to earthquake motion. The instructions provided by the manufacturer may include a reproduction of the generic installation instructions and standard details as prepared by the Division of the State Architect in accordance with Section 19215.

19213. Manufacturers shall add language to their instruction label on the front of the water heater that discloses the danger of falling or horizontal displacement due to an earthquake. The label shall contain the following language: WARNING: THIS WATER HEATER MUST BE BRACED, ANCHORED, OR STRAPPED TO AVOID FALLING OR MOVING DURING AN EARTHQUAKE. SEE INSTRUCTIONS FOR CORRECT INSTALLATION PROCEDURES.

19214. Any person who violates Section 19212 or 19213 shall be deemed to have violated a provision of Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code.

19215. The Division of the State Architect shall prepare generic installation instructions with standard details illustrating the strapping, bracing, and anchoring of water heaters for typical installations in single-family homes that comply with the requirements of the model codes. These details shall be made available for reproduction to manufacturers and appliance retailers
at a cost to cover the state's cost to prepare the details, and respond to requests.

19216. At the point of sale, the retailer may provide the consumer with generic installation instructions with standard details approved by the Division of the State Architect. If provided, these generic instructions are intended to be provided to the consumer as a guide, and are not intended to supersede local codes. The retailer and manufacturer are deemed not to be liable for the generic instructions provided to consumers as long as these have been approved by the Division of the State Architect, as complying with the requirements of the model codein force on the date of approval.

19217. The Public Utilities Commission shall direct the investor owned gas and electrical utilities, not later than January 1, 1991, to develop an educational program for bracing, anchoring, and strapping water heaters to resist falling or horizontal displacement due to earthquakes.

[Jeffrey R. Pope]

Another point - HUD regulations apply only to the original sale (much like applying current building codes to existing dwellings). When subject to re-sale, local and state jurisdictions apply (in CA anyway).

[ilpowell]

Jeffery,
I have read all of the California codes and do not see where manufactured homes are mentioned. The new manufactured homes I have inspected recently did not comply with the Calif. code. At what point does the code get enforced?
Lynn

[Gerry Beaumont]

Hi to all,



it is a rare thing for me to find myself out of step with Jeff, but I believe that Fedral HUD regulation applies to California.

Originally Posted by Department of Housing and Urban Development

Since June 1976, all manufactured homes in the United States have been built to the National Home Construction and Safety Standards (the HUD Code). The HUD Code, under federal law, preempts all local building codes for these single-family dwellings. The HUD label certifies that the home has been factory constructed, tested and inspected to comply with stringent, uniform federal standards.
The HUD Code, administered by the Department of Housing and Urban Development, is the counterpart to national model codes for site-built housing. These model codes include the Uniform Building Code of the International Conference of Building Officials, upon which California local governments base their building codes.

From: http://www.hcd.ca.gov/

Manufactured Homes have been built to federally preemptive construction standards since June 15, 1976. The Department of Housing and Community Development was once the exclusive HUD approved inspection agency for new manufactured home construction, but since July 1, 1986, that responsibility has been shared with HUD-approved private inspection agencies. The Department also provided design approval service for "manufactured homes" until January 1, 1987. All such design review is now provided by private design approval agencies approved by HUD for all manufactured housing produced in California.

Regards

Gerry

[Jeffrey R. Pope]

I don't think we disagree on this Gerry. Maybe I wasn't clear.

HUD standards are in place for newly constructed manufactured homes.

State licensed Real Estate agents cannot sell new manufactured housing because the transaction is pursuant to federal guidelines. Re-sale is done by state licensed agents and the re-sale of MH is considered to be "real property."

Water heater bracing on new MH is pursuant to federal guidelines. Water heater bracing for the re-sale of MH is pursuant to state guidelines.

This is information that I obtained from my attorneys when I had an "issue" with calling out water heater bracing on a MH. There may be something I'm missing, but as for the water heater, this holds true in CA.

[Gerry Beaumont]

Hi to all,

Jeff, that is a strange set-up, in most states that I studied manufactured housing only becomes Real property if it is installed on a perimant foundation of certain types, and only if it can be attatched to an existing land deed. In most states if this criteria is not met then the unit is still concidered pesonal property and is regulated by DMV or other body.

Regards

Gerry

[Jeffrey R. Pope]

I'm not exactly sure where the "cross-over" is Gerry. I know that many "single wides" are personal property and bought and sold privately - recorded through the DMV.

All MH on permanent foundations are real property even on a land lease.

I'm sure that you're better versed on this subject than I am, but I'll see what else I can come up with.

[Gerry Beaumont]

Hi to all,

thanks Jeff, if you find further details I would love to have them, I am certain you have a much better understanding of Califonian issues than I do.

Regards

Gerry

[Russel Ray]

Here in San Diego, manufactured homes become real property when they are sited on a piece of land. Siting typically means having those axles and wheels removed and the home plopped down on some sort of foundation.

I've discovered a real easy way to determine the difference between manufactured home personal property and manufactured home real property without even going to look at it. If it is personal property, it is located in a mobile home park. If it is real property, it is located in an "estate." I really don't think there's anything legal to that, it's just what I have noticed. So if I'm going to do a manufactured home in "Lakeside Mobile Home Park," I know the MH has axles and wheels on it and is personal property. If I go across the street to "Lakeside Estates," I know I'm now looking at real property. Having grown up in Texas, "estate" still means something totally different to me, kind of like a large ranch rather than a manufactured home. However, an estate sale is still an estate sale, not a manufactured home sale.