FR–5877–P–01 Manufactured Home Procedural and Enforcement Regulations; Revision of Exemption for Recreational Vehicles

[BruceG]

Is this really a thing? I stumbled upon it on an Offgrid site and if true would hit all of us.
 

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The proposed regulations, entitled “FR–5877–P–01 Manufactured Home Procedural and Enforcement Regulations; Revision of Exemption for Recreational Vehicles”, will redefine the industry, and force HUD regulations on those that live the lifestyle. The new regulations are set to modify a current exemption in the Manufactured Home Procedural and Enforcement Regulations. According to the proposed docket information, RVs would be defined as “a factory build vehicular structure, not certified as a manufactured home, designed only for recreational use and not as a primary residence or for permanent occupancy.”

 

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This proposed rule would modify the current exemption for recreational vehicles in the Manufactured Home Procedural and Enforcement Regulations.  Under the current exemption, questions have arisen regarding whether park model recreational vehicles are regulated by HUD’s manufactured home program.

These park models are being produced with patio roofs, screened in porches, and other extensions that exceed the 400 square foot maximum exemption in the current regulations. Additionally, some of these models are being marketed as suitable for year round living. HUD’s proposed rule would permit recreational vehicle manufactures to certify that a unit is exempted from HUD’s regulations. Specifically, HUD’s proposed rule would define a recreational vehicle as a factory build vehicular structure, not certified as a manufactured home, designed only for recreational use and not as a primary residence or for permanent occupancy, and built and certified in accordance with either the National Fire Protection Association (NFPA) 1192-2015, Standard for Recreational Vehicles, or the American National Standards Institute (ANSI) A119.5-15, Recreational Park Trailer Standard. In addition, to provide consumers notice regarding the manufacturing standards used to construct the unit, HUD’s rule would require that units claiming the exemption display a notice that identifies the standards used to construct the unit and states that the unit is designed only for recreational use, and not as a primary residence or permanent dwelling.

Here is the link to the article. https://offgridsurvival.com/federalgovernment-outlaw-tiny-homes/

[LindaH]

https://www.snopes.com/fact-check/hud-tiny-homes-ban/

[Kirk W]

“FR–5877–P–01 was published in the Federal Register on Feb. 9, 2016. The results of that procedure and related hearings were published in the Federal Register on Nov. 16, 2018 and are the regulations currently in force. The Escapees were involved in the hearing process as the proposed changes would have impacted the Park Model industry in particular and possibly some models of towable RV. The system has been resolved anouu you can read the results by following the above link. I'll quote the most important part for the RV industry.

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EXEMPTION CRITERIA

Under this rule, self-propelled RVs qualify for the RV exemption, insofar as they meet all three RV exemption criteria by definition. For towable RVs, however, the standard for the RV exemption is clarified to provide that the RV must be designed, built, and certified in accordance with one of two national standards: NFPA 1192-15, Standard for Recreational Vehicles; or ANSI A119.5-15, Park Model Recreational Vehicle Standard. These standards are already being used by the Recreation Vehicle Industry Association (RVIA) in its standards, inspection, and self-certification process. HUD concludes that the exemption criteria for towable RVs impose negligible costs on the market of RV manufacturers and consumers.

As far as benefits of the new exemption criteria on the market are concerned, the rule provides regulatory clarity to both RV manufacturers and consumers. HUD's Office of Manufactured Housing receives approximately 4-6 complaints per year Start Printed Page 57687on the topic of RVs. In reviewing these complaints, HUD has determined that some come from manufacturers questioning whether a competitor's RV product is exempt from HUD's manufactured housing regulations. These manufacturers may be unsure of the scope of the exemption and feel that the RV in question meets the statutory definition of manufactured housing and does not satisfy the existing RV exemption. Complaints also have been submitted by consumers, who experience difficulty in determining whether their RVs meet the statutory definition of manufactured housing and are suitable for full-time living. This final rule provides both manufacturers and consumers additional clarity to make informed decisions without additional help from HUD.

 

[Dutch_12078]

The bottom line was that the new definition simply clarified what qualified as an RV while changing virtually nothing other than the manufacturers needing to clearly state that a "recreational vehicle" was intended for "recreation". Legally, it changed nothing about what a consumer could do with an RV after purchase. There is nothing in the rule that prohibits full time RV living, only that the manufacturer states that it's not intended for that purpose. Think of it like a hammer maker putting a label on the tool stating it's intended for driving nails. That would certainly not stop us from using it for many other tasks.

[Ray,IN]

2 hours ago, Dutch_12078 said:

The bottom line was that the new definition simply clarified what qualified as an RV while changing virtually nothing other than the manufacturers needing to clearly state that a "recreational vehicle" was intended for "recreation". Legally, it changed nothing about what a consumer could do with an RV after purchase. There is nothing in the rule that prohibits full time RV living, only that the manufacturer states that it's not intended for that purpose. Think of it like a hammer maker putting a label on the tool stating it's intended for driving nails. That would certainly not stop us from using it for many other tasks.

I wonder how that applies the the RV mfgrs. stating in their warranty "approved for full-time use"??

[Dutch_12078]

Beats me, Ray... "Approved" by whom? "Approved" for full time recreational use?

[Kirk W]

4 hours ago, Ray,IN said:

I wonder how that applies the the RV mfgrs. stating in their warranty "approved for full-time use"??

I suspect that is just advertising hype. The approval could mean that their warranty is not impacted by fulltime use, as many are(or could be) and it might mean that some mythical RV expert approved them. There is a slight chance that the subject RV was rated as "fulltime" by someone like the RV Consumer Group. I suppose it is possible that the RV Manufacturers (RVIA) have approved it but I doubt that. The best thing would be to ask the dealer for that information and have them put it in writing. 

Edited February 4, 2020 by Kirk W

[Ray,IN]

It is is writing, stated in the warranty. Just like some mfgrs. state "not approved for full-time use, warranty is not valid when used full-time".

I was asking about the regulations that is the topic of this thread vs the warranty contents..

[BruceG]

Thank you all for clarifying this. It didn't feel right, but I wanted to ask as I couldn't verify the information. Now I'm not worried anymore. Thanks again.

[Randyretired]

When manufacturers or others use the term full time I wonder just what it defines.  We are what I call long timers meaning we travel sometimes for months.  What about the time we spent 18 months in our RV as our house was being repaired.  Is that full time?  Another time we stayed in the RV for 3 years as we built our house.  Does it mean one doesn't own or rent a house for some period of time or maybe the 18 months we spent at the Mayo Clinic living in our RV is fulltime?  Our RV is long out of warranty so it doesn't matter to us but it could to others.