Water heater strapping in manufactured homes

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

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

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).

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

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.

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

Regards

Gerry

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.

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

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.

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

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. :smiley:

I know this is an old thread but I thought I’d add my 2 cents. I used to live in a mobile home up until a year and a half ago. I paid property taxes. Nothing went through the dmv. When I sold, we transferred title/deed through Chicago Title. I did not own the land and there was no permanent foundation. This was in San Marcos, Ca. The home was a 1971 (pre-hud standards) model. The laws regarding mobile homes/manufactured home is quite confusing.

I believe it is dependent on whether or not the wheels/axles have been removed. If not, it’s DMV. If so, it’s title/deed.