By Mark Conte of Manufactured Housing Compliance Services
The US Department of Housing & Urban Development (HUD) published two notices in the January 31, 2020 Federal Register. This post will provide a brief overview of one of these two notices; the final rule announcing changes to the Formaldehyde/Health Notice requirement.
While the final rule has several elements, I think there are two big takeaways for manufactured home installers and retailers:
1. The data plate inside the home will start including a note that the manufactured home is compliant with the Title VI, Toxic Substances Control Act.
2. Section 3280.309 of the Manufactured Home Construction and Safety Standards is being removed. This section required the home manufacturer to provide a notice on display in the kitchen which informed potential customers that the building materials inside of the home may irritate certain people. You may know this notice informally as the “Formaldehyde Notice”.
This notice will not be required in new manufactured homes entering production on or after March 2, 2020. These code changes will take effect in manufactured homes entering the first stage of production on March 2, 2020.
It is important to understand that you should not remove the notice in homes you currently have in stock or on display. This final rule is not retroactive for home produced prior to the effective date.
As always, you should review the actual rule yourself as I am only providing my unofficial take on what I have read. To access the Federal Register publication Click Here!
Also, HUD has added a subsection to the Manufactured Home Procedural and Enforcement Regulations under Retailer and Distributors Responsibilities. This new subsection has me scratching my head and as a result I am reluctant to comment. Read it here for yourself:
TSCA Title VI requirements.
Retailers and distributors must maintain bills of lading, invoices, or comparable documents that include a written statement from the supplier that the component or finished goods are TSCA Title VI compliant for a minimum of 3 years from the date of import, purchase, or shipment, consistent with 40 CFR 770.30(c) and 770.40.
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