Title 15 . Revenue

Chapter 150 . (Repealed)

Section 30. Minimum construction standards

15 AAC 150.030. Minimum construction standards

(a) The Corporation will not make, participate in the making of, purchase or participate in the purchase of a loan for the acquisition, construction, or improvement of residential housing the construction of which began after June 30, 1992, unless the residential housing is in compliance with the state building code or is subject to an approved municipal building code. For purposes of this section, the construction of a residential unit will be considered to have been begun by June 30, 1992, if the pilings, footings, or foundation was started by that date.

(b) Each application for the purchase of a loan which is to be secured by a residential unit the construction of which began after June 30, 1992, must be accompanied by a release as described in 15 AAC 150.045 and by either proof of the issuance of a certificate of final approval by an authorized inspector certifying that the residential unit complies with the state building code or proof of the issuance of a certificate of occupancy issued by a municipality with an approved municipal building code. In issuing a certificate of final approval, an authorized inspector may rely on inspections conducted by other authorized inspectors at earlier stages of construction. The inspector must certify that the residential unit was inspected and determined to be in compliance with the state building code at each of the following five stages of construction:

(1) plan approval;

(2) completion of footings and foundations;

(3) completion of electrical installation, plumbing, mechanical, and framing;

(4) completion of installation of insulation; and

(5) final approval.

(c) With respect to a loan which is to be secured by a residential unit which is a prefabricated unit or a mobile home on a permanent foundation, an authorized inspector may rely on the following for purposes of certifying compliance with 15 AAC 150.030(b) (3) and (4):

(1) for a prefabricated unit manufactured outside the state, either (A) a certification issued by any governmental entity in the state where the unit is being or was manufactured which is responsible for inspecting such units or (B) an approved inspectors report on a Corporation approved inspection form. The inspections by either a governmental entity or approved inspector must, at a minimum, certify that the prefabricated unit has been inspected for compliance with the approved plans provided by the manufacturer; the unit meets all requirement of the state building code; any preassembled wall panels are approved by and listed with International Conference of Building Officials (ICBO) or other federally recognized agencies with quality control measures conducted by a qualified third party; and the seal or insignia has been affixed to the unit by the appropriate governmental inspector or by an approved inspector who has affixed the manufacturer's seal or insignia to the unit in a permanent manner;

(2) for a prefabricated unit manufactured in the state, a certification issued by an authorized inspector which certifies that the prefabricated unit has been inspected for compliance with the approved plans provided to the manufacturer and that the unit meets all requirements of the state building code; and

(3) for a mobile home placed on a permanent foundation, a certification label attesting to compliance with 24 CFR 3280 and 24 CFR 3282.

(d) With regard to loans secured by residential construction in rural areas, the inspector may rely on methods of inspection other than personal on-site inspections, including video tape, representative stationary photos or other methods if prior approval has been obtained in writing from the Corporation.

(e) The executive director shall annually review the construction codes of the various municipalities and determine which municipalities have adopted and are enforcing construction codes each of which meet or exceed the comparable standards established for residential housing by the state building code. The executive director shall prepare a list of municipalities having an approved municipal building code for purposes of compliance with AS 18.56.300 . The Corporation will consider compliance with an approved municipal building code to be compliance with the requirements of AS 18.56.300 even though the standards of the municipal code may differ in some respects from the standards of the state building code. A municipality may appeal the decision of the executive director regarding its construction codes pursuant to 15 AAC 150.210.

(f) The Corporation will develop an inspection form to be used by authorized inspectors. A completed inspection form certifying final approval must be recorded in the recording district where the property is located, and the Corporation must receive a copy of the recorded inspection form.

(g) The Corporation will, in its discretion, accept a certificate of final approval or a certificate of occupancy for a residential unit that has been conditioned on the later completion of certain items which cannot be completed due to weather or other extraordinary conditions as determined by the Corporation. The Corporation will accept a conditional certificate under this subsection only if:

(1) the items to be completed are adequately described in the conditional certificate;

(2) the Corporation receives a guarantee that all unfinished items will be completed; and

(3) in the sole determination of the Corporation, the guarantee is acceptable to the Corporation. The Corporation will not make or purchase a loan secured by a residential unit for which the Corporation has previously accepted a conditional certificate under this subsection unless the Corporation has received proof satisfactory to it of completion of the unfinished items described in the conditional certificate.

(h) This section does not apply to a housing loan made under AS 18.56.106 .

History: Eff. 5/7/93, Register 130; am 8/3/94, Register 132; am 4/2/97, Register 142; am 5/14/97, Register 145; am 5/3/2001, Register 159

Authority: AS 18.56.088

AS 18.56.300

Editor's note: Before Register 130, July, 1994, the substance of 15 AAC 150.030 was contained in former 15 AAC 118.269(a). The history note for 15 AAC 150.030 does not reflect the history of the section under its former number.