Title 15 . Revenue

Chapter 150 . (Repealed)

Section 910. Definitions for Chapter 150

15 AAC 150.910. Definitions for Chapter 150

(a) In addition to the definitions provided in 15 AAC 150.900, the following terms have the following meanings for purposes of 15 AAC 150.030 - 15 AAC 150.045:

(1) "approved municipal building code" means the construction codes adopted and enforced by a municipality which the executive director has determined meet or exceed the standards established for residential housing by the state building code;

(2) "authorized inspector" means a person who is not hired by, and has no relationship to, the Corporation; has no relationship to the builder, developer, owner, or realtor that is a party to the transaction and who is:

(A) a person who has received a current certification from the International Conference of Building Officials (ICBO) applicable to the specific inspection performed under 15 AAC 150.030(b) (1) - (b)(5);

(B) for purposes of electrical inspections only, a person who is approved or certified to perform residential inspections in Alaska by the International Association of Electrical Inspectors;

(C) for a project located in a rural area of the state, an architect licensed under AS 08.48, an engineer licensed under AS 08.48, or such other person acceptable to the Corporation and who has received prior approval in writing from the Corporation; or

(D) an inspector from any governmental agency outside the state whose function is the inspection of prefabricated units which may be transported to the state and who inspects prefabricated units for compliance with the state building code.

(3) "completion of electrical installation, plumbing, and framing" means completion to the rough-in stage of the building's framing prior to covering so that the mechanical, electrical, heating, ventilation, and air conditioning systems are sufficiently exposed for inspection to determine compliance with the state building code;

(4) "completion of footings and foundations" means:

(A) for footings, the state of construction at which footing forms have been erected and all reinforcing steel is in place;

(B) for poured concrete wall foundations, the stage of construction at which foundation forms have been erected and all reinforcing steel is in place;

(C) for concrete masonry unit foundations, the stage of construction at which all units have been laid and reinforcing steel is in place;

(D) for all-weather wood foundations, the stage of construction at which foundation walls have been sheathed and bolted to footings and before dampproofing and backfill is done; and

(E) for pile foundations, before placement to inspect for size, grade and condition and then after the piles are in place.

(5) "completion of installation of insulation" means the stage of construction at which insulation and vapor retarders have been installed in the walls and ceilings and there is adequate access for inspection to determine compliance with the state building code;

(6) "construction codes" means, with reference to a municipality, the building, mechanical, plumbing, and electrical codes that have been adopted and are enforced by the municipality;

(7) "energy efficiency standard" means the building energy efficiency standard adopted by the Corporation in 15 AAC 155.010;

(8) "final approval" means certification by an authorized inspector after a residential unit is complete that it complies with the provisions of the state building code;

(9) "inspection" means an on-site inspection or inspections of the construction project. In the case of a project located in a rural area of the state, the inspection may be conducted by video tape, representative stationary photos, or other acceptable methods, if prior approval in writing has been obtained from the Corporation;

(10) "plan approval" means a review of drawings by an authorized inspector and the inspector's written acknowledgement that the drawings comply with the provisions of the state building code;

(11) "prefabricated unit" means a structural unit the integral parts of which have been built or assembled in manufacturing facilities on or off the building site for installation or incorporation on the building site;

(12) "residential housing" and "residential unit" have the meaning given to the term "residential housing" at AS 18.56.390 (11), except they do not include mobile homes which have been placed on an impermanent foundation;

(13) "rural area" means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks;

(14) "state building code" means:

(A) for building standards, the code for all residential buildings, including those for buildings with fewer than four dwellings, set out in the version of the Uniform Building Code adopted by the Department of Public Safety under AS 18.70.080 , even though the Department of Public Safety does not apply that code to buildings with fewer than four dwellings;

(B) for mechanical standards, the code for all residential buildings, including those for buildings with fewer than four dwellings, set out in the version of the Uniform Mechanical Code adopted by the Department of Public Safety under AS 18.70.080 , even though the Department of Public Safety does not apply that code to buildings with fewer than four dwellings;

(C) for plumbing standards, the code adopted by the Department of Labor and Workforce Development under AS 18.60.705 except where such code conflicts with requirements for residential wastewater disposal established by the Department of Environmental Conservation in which case the requirements of the Department of Environmental Conservation shall be the standard; and

(D) for electrical standards, the minimum electrical code prescribed by AS 18.60.580 .

(b) In addition to the definitions provided in 15 AAC 150.900, the following terms have the following meanings for purposes of 15 AAC 150.220 and 15 AAC 150.300 - 15 AAC 150.440:

(1) "Alaskan bidder" means a person or firm who:

(A) holds a current Alaska business license;

(B) submits a bid for goods, services, or construction under the name appearing on the person's current Alaska business license;

(C) has maintained a place of business within the state staffed by the bidder or an employee of the bidder for a period of six months immediately preceding the date of the bid; and

(D) is either incorporated and qualified to do business under the laws of the state, a sole proprietorship the proprietor of which is a resident of the state, a partnership all partners of which are residents of the state, or a joint venture in which each joint venturer (A) is an entity described in one of the other clauses of this subparagraph and (B) qualifies under (A) - (C) of this paragraph.

(2) "appropriate Corporation officer" means an officer or employee of the Corporation who has received a specific delegation of procurement authority, in writing, from the chief procurement officer;

(3) "chief procurement officer" means the executive director;

(4) "contract" means all types of Corporation agreements, regardless of what they might be called, for the procurement of supplies, equipment, services, construction, office or other space leases, personal property, or professional services;

(5) "days" means calendar days unless otherwise specified;

(6) "interested party" means an actual or prospective bidder or offeror whose economic interest might be affected substantially and directly by the issuance of a contract solicitation, the award of a contract, or the failure to award a contract;

(7) "minor informality" means a matter of form rather than substance that is evident from the bid document, or is an insignificant matter that has a negligible effect on price, quantity, quality, delivery, or contractual conditions and can be waived or corrected without prejudice to other bidders;

(8) "non-responsive" means a bid or proposal that does not conform in all material respects to the solicitation;

(9) "procurement" means, unless the context requires otherwise, procurement, management, and control of supplies, equipment, services, construction, office or other space leases, personal property, and professional services;

(10) "procurement department" means a central purchasing office established within the Corporation by the chief procurement officer;

(11) "professional services" means professional, technical, or consultant's services that are predominantly intellectual in character, result in the production of a report or the completion of a task, and include analysis, evaluation, prediction, planning, or recommendation;

(12) "protester" means an actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or the award of a contract and who files a protest;

(13) "responsive bidder" means a firm or person who has submitted a bid that conforms in all material respects to the solicitation;

(14) "solicitation" means a request for proposals, request for quotations, invitation to bid, or any other means used by the Corporation for the purpose of soliciting bids or proposals to perform a Corporation contract.

(c) In addition to the definitions provided in 15 AAC 150.900, the following terms have the following meanings for purposes of 15 AAC 150.600 - 15 AAC 150.780, unless the context indicates otherwise:

(1) "bid" means the information, including a proposal, submitted to the Corporation in response to an invitation to bid;

(2) "bidder" means a party that submits a sealed bid or a proposal;

(3) "construction plans" means those plans as defined and required under the disposal agreement, Part II Agreement, and any supplemental agreement imposed by HUD;

(4) "disposal agreement" means the agreement or contract executed by and between the purchaser and the Corporation for the purchase and sale of real property pursuant to 15 AAC 150.600 - 15 AAC 150.780; the disposal agreement is also known as the "Part I of the Contract for the Sale of Land for Private Redevelopment" and is a part of and is supplemented by a Part II Agreement;

(5) "division" means the public housing division of the Corporation;

(6) "fair market value" means the value established by the highest appraisal, provided that such value does not exceed by more than 15 percent the value established by any other appraisal;

(7) "good-faith deposit" means the monetary value in United States dollars that must be submitted by the successful bidder at public auction or all bidders who submit a sealed bid;

(8) " HUD Urban Renewal Handbook " means the collection of written regulations and provisions that have been promulgated and published by HUD that governs the disposition of real property and that is formally entitled, Land Marketing and Redevelopment ;

(9) "municipality" means the political subdivision of the state that is recognized as the governing local body in which the real property is situated;

(10) "Part II Agreement" means the document formally entitled "Terms and Conditions, Part II of the Contract for Sale of Land for Private Redevelopment" which the Corporation incorporates in each disposal agreement;

(11) "redeveloper" means the person that executes the disposal agreement; and

(12) "substantial development" means any construction and development that would have a total construction cost of $500,000, excluding the value of the real property.

History: Eff. 5/7/93, Register 130; am 8/3/94, Register 132; am 1/20/95, Register 133; am 10/29/97, Register 145

Authority: AS 18.55.100 (a)

AS 18.55.320

AS 18.55.410

AS 18.55.420

AS 18.55.520

AS 18.55.540

AS 18.56.088

AS 36.30.015 (f)

Editor's note: Before Register 130, July 1994, the substance of 15 AAC 150.910 appeared in former 15 AAC 118.269, 15 AAC 118.875, and 3 AAC 97.330. The history note for 15 AAC 150.910 does not reflect the history of the sections under their former numbers.

As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.