reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.02 - Housing Rehabilitation Program-Applicable Codes and Standards › Section 05.04.02.06 - Fire Protection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Objective. The objective of this section is to assure a high degree of safety to life and property preservation, by the separation of living units and the use of materials which will retard the spread of fire and prevent the passage of flame, smoke, and hot gases through open or concealed spaces within the building. An additional objective of this section is to provide means of egress which will permit persons to leave the building with safety in an emergency, and permit access for fire control personnel.
B. General. These provisions apply to rehabilitation construction of existing buildings. However, where the construction, plan arrangement, and approximate number of occupants of a property are to remain unchanged, and the fire protection provisions of the local code are complied with, noncompliance with the provisions of this chapter may be acceptable, when so determined by proper local authority.
C. Exits.
(1) One- and two-family dwellings of one, two, or three stories, and one- or two-story multifamily buildings having not more than four living units above the first floor shall have the following two means of egress:
(a) One exit which is a doorway, a protected passage, or a stairway; and
(b) A second exit as provided in §C(1)(a), above, or a secondary exit such as a fire escape or openable window.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.02 - Housing Rehabilitation Program-Applicable Codes and Standards › Section 05.04.02.07 - Materials and Products

Current through Register Vol. 51, No. 14, July 12, 2024
A. Objective. The objective is to provide materials of such kind and quality as to assure that the dwelling will provide appropriate structural strength, adequate resistance to weather and moisture, and reasonable durability and economy of maintenance.
B. Quality of Materials and Products. All materials and products used as replacements or additions in rehabilitation construction shall be of good quality. Second-hand materials which meet the standards for new materials may be used when approved by the proper local authority. The suitability of special materials and products not conforming to a national standard shall be determined by the proper authority, after an evaluation of its properties and performance characteristics.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.02 - Housing Rehabilitation Program-Applicable Codes and Standards › Section 05.04.02.09 - Exterior and Interior Finishes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Objective.
(1) Acceptably prevent the entrance or penetration of moisture and weather;
(2) Be protected from damage by decay, corrosion, insects, and other destructive elements; and
(3) Provide reasonable durability and economy of maintenance.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.02 - Housing Rehabilitation Program-Applicable Codes and Standards › Section 05.04.02.10 - Mechanical Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Objective. The objective is to provide mechanical equipment for the building and its living units that will meet the needs of the intended occupants and be of quality and condition which will assure safety of operation, adequate capacity for its intended use, protection from moisture, corrosion, or other destructive elements, reasonable quietness of operation, and reasonable durability and economy of maintenance.
B. General.
(1) All mechanical equipment should be installed so that maintenance and replacement can be performed without the removal of other equipment.
(2) Existing mechanical equipment and systems shall be inspected for faulty operation, fire, or other hazards. Needed replacement or repair shall conform to applicable code requirements.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.02 - Housing Rehabilitation Program-Applicable Codes and Standards › Section 05.04.02.11 - Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Objective. The objective is to promote adequate maintenance of dwelling units rehabilitated under the Program.
B. General. Each dwelling unit shall be free of maintenance conditions hazardous to health and safety upon the completion of rehabilitation work, and each occupant or sponsor should be counseled as to their responsibilities for continued maintenance of the dwelling unit.
C. Cleanliness. Every occupant of a building should keep that part of the building or premises which he occupies, controls or uses in a clean and sanitary condition.
D. Disposal of Garbage and Rubbish. Every occupant of a building should dispose all of his garbage and rubbish in a clean and sanitary manner.
E. Use and Operation of Plumbing Fixtures. Every occupant of a building should keep plumbing fixtures clean and sanitary and should exercise reasonable care in their use and operation.
F. Motor Vehicles. Not more than one currently unregistered or uninspected motor vehicle, or both, may be parked on any property, and that vehicle may not at any time be in a state of major disassembly or disrepair, nor may it be in the process of being stripped or dismantled.
G. Abandoned Ice Boxes. Abandoned ice boxes, refrigerators, or other large airtight containers may not be stored in a living unit or elsewhere on the property.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.03 - Migratory Worker Housing Facilities Program › Section 05.04.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and authorizations for making loans for improving migratory labor camps under the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.03 - Migratory Worker Housing Facilities Program › Section 05.04.03.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The basic objective of the Program is to make plans at a preferred rate of interest to owners of migratory labor camps to finance health and safety improvements to housing facilities for migratory workers.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.03 - Migratory Worker Housing Facilities Program › Section 05.04.03.04 - Eligible Borrowers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Borrowers shall meet the following requirements, which shall be met jointly and separately if there is more than one applicant:
(1) Be an owner as defined in these regulations;
(2) If an individual, be a resident of or have a principal place of business in the State, or, if a business entity, be in good standing and be qualified to do business in Maryland;
(3) Have been denied a loan, in a comparable amount to that requested from the Program, by a private lending institution currently making similar loans, or else have received a commitment from a private lending institution for less than the amount of funds required to finance the necessary health and safety improvements;
(4) Submit a plan; and
(5) Have the legal capacity or, if applicable, all necessary legal and corporate authorization to incur the obligations of the loan.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.03 - Migratory Worker Housing Facilities Program › Section 05.04.03.05 - Eligible Migratory Labor Camp

Current through Register Vol. 51, No. 14, July 12, 2024
Migratory labor camps shall meet the following requirements:
A. Be located within the State;
B. Provide living accommodations for four or more migratory workers engaged in agricultural activities, including related food processing; and
C. Be, in the determination of DHMH and MOSHA, in need of health or safety improvements, or both, in conjunction with a plan.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.03 - Migratory Worker Housing Facilities Program › Section 05.04.03.06 - Loan Terms, Limits, and Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
All loans shall be made for the terms, and conform to the requirements, set forth below:
A. Interest Rate. The Department shall from time to time and, in accordance with the Act, establish the interest rate to be paid on all loans at a preferred rate.
B. Term. The Department shall establish the term of all loans which:
(1) May include a construction period of generally not more than 4 months; and
(2) May not exceed 10 years from completion of construction.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.03 - Migratory Worker Housing Facilities Program › Section 05.04.03.07 - Loan Application, Processing, and Closing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Loan application shall be made on forms and in a manner prescribed by the Department and shall be submitted to the offices of the Program.
B. The loan application shall include without limitation:
(1) A plan which shall be approved by the Department before the loan closing;
(2) A rejection letter from a bank or other private lending institution stating the terms and amounts applied for and the reason for rejection, or a letter of commitment from a bank or private lending institution for funding insufficient to finance the total cost of the improvements;
(3) An application fee in an amount to be determined by the Department;
(4) An appraisal of the migratory labor camp property pursuant to Regulation .06O of this chapter; and
(5) Sufficient information and documentation to determine the extent, if any, to which the plan or improvements will change the type of use or increase the intensity of the existing use of the migratory labor camp property.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.03 - Migratory Worker Housing Facilities Program › Section 05.04.03.08 - Contractor Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. All contractors shall:
(1) Be licensed by the appropriate authority governing the type of work to be performed and meet all other State and local licensing requirements;
(2) Be, in the opinion of the Department, of good reputation, financially sound, and fully qualified to perform the required work, as evidenced by previous professional construction experience;
(3) Furnish evidence of the following:
(a) Comprehensive public liability insurance coverage protecting the borrower for not less than $100,000 for injuries sustained by any one person, and $300,000 for injuries sustained by two or more persons in any one accident,
(b) Property damage liability insurance of not less than $50,000 for each occurrence and $100,000 aggregate in the event of property damage arising out of work performed by the contractor,
(c) Workmen's compensation insurance, and
(d) With respect to loans of $50,000 or more, a payment and performance bond in an amount satisfactory to the Department and naming the Department and the borrower as dual obligees;
(4) Perform all work:
(a) In conformance with the contract and all applicable laws, local codes, ordinances, and regulations including, by way of example, those laws, local codes, ordinances and regulations relating to the protection and safety of persons and property, and
(b) In a competent, workmanlike manner equal to the standards of the industry;
(5) Furnish all labor, materials, and equipment, and obtain and pay for all permits and licenses necessary for execution and completion of the work;
(6) Not assign the contract without the prior written consent of the Department;
(7) Agree to permit the Department or its designee to examine and inspect the work;
(8) Agree to complete all work within the completion date specified in the loan documents;
(9) Indemnify and hold the Department harmless from all liability and loss because of injury to or death of any person or damage to any property which may occur or be alleged to occur during performance of the contract as a direct or indirect result of any act or omission, whether intentional, negligent, or otherwise, by the contractor, subcontractors, or their agents, servants, and employees;
(10) Defend all claims and suits involving §A(9) at its sole cost and expense;
(11) Use its best efforts to employ contractors which are minority business enterprises; and
(12) Meet any other requirements that the Department may reasonably establish.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.03 - Migratory Worker Housing Facilities Program › Section 05.04.03.09 - Construction Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) Construction may not begin before the loan closing. Commencement of work before closing shall constitute an event of default under the loan documents. Except as may be otherwise approved pursuant to these regulations, construction shall be completed within 4 months of the loan closing.
(2) Work done, materials supplied, and construction procedures shall comply with the approved plan, the contract, and all applicable laws, local codes, ordinances, and Regulations.
(3) There shall be no modifications of the contract without the prior written consent of the Department as evidenced by an approved change order executed by the contractor and the borrower and approved by the Department as well as DHMH, and MOSHA, as applicable.
(4) The Department, through a designated agent, shall be given access to the migratory labor camp property during the normal business hours for the purpose of inspection or for any other lawful purpose.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.03 - Migratory Worker Housing Facilities Program › Section 05.04.03.10 - Appeals by Borrower or Applicant

Current through Register Vol. 51, No. 14, July 12, 2024
A. Criteria for Appeal.
(1) A borrower or applicant may appeal to the Assistant Director from any action taken by the Department through the Program.
(2) Notice of Appeal.
(a) An appeal shall be initiated by submitting a notice of appeal to the Assistant Director, in writing, within 30 days of the action complained of or the date of the notice of the action complained of, if any, whichever is later.
(b) The notice of appeal shall:
(i) State the reason for disagreement with the action of the Department;
(ii) Contain any additional information to be considered in support of the appeal, and a statement of why the information was not furnished with the original application;
(iii) Attach supporting documents;
(iv) State whether the borrower or applicant wants to meet with the Assistant Director;
(v) Contain the borrower's or applicant's name, address, telephone number, and, if known, the Program file number;
(vi) Contain an affirmation, under oath, that the facts set forth in the notice of appeal are true and correct.
(3) Disposition.
(a) If requested, the Assistant Director will meet with the borrower or applicant to resolve the appeal. If a meeting is not requested, the Assistant Director shall decide the appeal based on the information contained in the notice of appeal and supplied to the Assistant Director by the Program staff.
(b) The Assistant Director shall issue a written decision within 15 days of receipt of the notice or the date of the meeting, if any, whichever is later.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.03 - Migratory Worker Housing Facilities Program › Section 05.04.03.11 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with the Act if:
A. Conformance to the requirements of any federal agency in connection with any improvements with respect to which federal assistance is sought necessitates waiver or variance of a regulation; or
B. In the determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purpose of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and authorizations for making loans to provide indoor plumbing connecting to supply adequate water and sewage disposal systems in residential buildings.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.02 - Objective

Current through Register Vol. 51, No. 14, July 12, 2024
The basic objectives of the Program are to:
(1) Make loans to or for the benefit of individuals with limited incomes to finance indoor plumbing pipes, equipment, wells, septic tanks, or other on-site sewerage systems, or connection to community water and sewerage systems; and
(2) Develop the capacity of political subdivisions to administer the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.04 - Eligible Borrowers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Owner-occupants shall meet the following requirements which shall be met jointly and separately by all applicants if there is more than one applicant:
(1) Be a family of limited income;
(2) Reside, or intend to reside, in the building;
(3) Hold title to the building for which the loan is made in fee simple or under a freely transferable ground rent lease;
(4) Demonstrate repayment ability, in the estimation of the Department; and
(5) Have income at a level that the Secretary has determined renders the applicant unable to afford or secure private financing to rehabilitate the property.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.05 - Eligible Building

Current through Register Vol. 51, No. 14, July 12, 2024
A. All buildings shall meet the following requirements:
(1) Be located within the State;
(2) Be a structurally and mechanically sound building except as permitted under §B of this regulation;
(3) Be in need of indoor plumbing pipes, equipment, wells, septic tanks, or other on-site sewerage system, or connection to community water and sewerage systems;
(4) Have:
(a) No or incomplete indoor plumbing, or
(b) An existing, failing septic system;
(5) Be owned by an eligible borrower who shall provide assurance of title or evidence of ownership acceptable to the Department; and
(6) Contain not more than 20 dwelling units.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.06 - Eligible Improvements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Proceeds of a loan may finance improvements which are necessary to provide adequate indoor plumbing connecting to adequate water supply and sewage disposal systems which include without limitation:
(1) Wells;
(2) Septic tanks and drain fields;
(3) Piping from the system into the buildings;
(4) Connection fees and assessments;
(5) Plumbing fixtures and equipment, including fixtures for the handicapped;
(6) Additions, modifications, and alterations required to provide adequate private space for toilet and bath facilities;
(7) Sand mound systems;
(8) Water treatment systems;
(9) For owner-occupants only, related costs described in Regulation .03B(27) of this chapter, and other costs or improvements essential to implementing the required system, and consistent with the purposes of the Act as determined by the Department; and
(10) Alternative and innovative septic and water systems which comply with the requirements of and are approved by MDE and all governmental entities having jurisdiction over those systems.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.07 - Loan Terms and Requirements - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maximum Loan Amount.
(1) The maximum loan amount, when added to any prior indebtedness secured by the building, may not exceed 95 percent of the after-rehabilitation value of the building.
(2) If 100 percent of the units are subject to a federal rent subsidy which is allocated to the project for the entire term of the loan, then the 95 percent loan-to-value ratio required by §A(1) of this regulation may be raised to 100 percent.
(3) If, in the determination of the Program Director, a loan increase is necessary to assure completion of the building and protect the Department's interest, an increase in the mortgage may be made to cover extraordinary and unforeseen construction problems if the increase can be made within the limits on maximum loan amounts set forth in §A(1)-(3) of this regulation.
(4) Closing costs as defined in Regulation .03B(5) of this chapter may be included in loans on owner-occupied dwellings, if the loan does not exceed the limits on the maximum loan amount set forth in §A(1)-(3) of this regulation.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.08 - Loan Terms and Requirements - Deferred Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the conditions and requirements of Regulation .07 of this chapter, deferred loans shall meet the requirements in §§B-F of this regulation.
B. Eligibility. The Department may make loans with deferred payments of principal or interest or both principal and interest to:
(1) Single family owner-occupants who are families of very low income and sponsors or nonprofit sponsors of buildings occupied entirely by tenants who are families of very low income; or
(2) As determined by the Secretary, any category of borrowers necessary to achieve the purposes of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.09 - Loan Terms and Requirements for Secured Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the conditions and requirements of Regulations .07 and .08 of this chapter, secured loans shall meet requirements in §§B-D of this regulation.
B. Deed of Trust. The deed of trust shall secure repayment of the loan by the granting of a valid lien on the building.
C. Escrow Account. If there is no prior mortgage requiring the payment of expenses to a mortgagee, the borrower may be required to make monthly expense payments, in escrow, to the Department consisting of 1/12 of annual real estate taxes, ground rent, property insurance premiums and, when appropriate, other items for which payments are required by the Department. Interest need not be paid to borrowers on escrowed monies except as required by law.
D. Title Insurance. The Department, in its discretion, may require the borrower to provide a standard American Land Title Association (ALTA) Loan Policy, with the Environmental Endorsement 8.1, or other form of title policy approved by the Department and the Office of the Attorney General for an amount equal to the maximum principal amount of the loan, insuring the Department, evidencing that title to the building on the date of closing is vested in the borrower, and containing only standard exceptions and encumbrances acceptable to the Department and the Office of the Attorney General.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.11 - Loan Approval and Disapproval

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Eligibility Determination.
(1) Each application shall be submitted to the local administrator for an initial review to make a preliminary determination of the eligibility of the applicant and the project.
(2) If an applicant is determined preliminarily to be eligible, appropriate verification forms shall be distributed, credit reports shall be obtained, and the applicant may be provided with a letter from the local administrator in the form approved by the Program acknowledging receipt of the application and notifying the applicant of the ongoing review process.
(3) If the applicant is ineligible for a loan, the applicant shall be informed in writing of the determination and the reasons for it.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.12 - Loan Closing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time and Place. The loan closing shall be scheduled at a time and place mutually acceptable to the applicant and the local administrator, through a closing officer serving the applicant's area and otherwise acceptable to the local administrator.
B. Loan Documents.
(1) Loan document forms shall be provided by the Program and may not be altered by the local administrator.
(2) Loan documents shall be executed on behalf of the Department by the officer or employee authorized to do so by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.13 - Contractor Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements. Contractors and subcontractors:
(1) Shall be licensed by the State, the local political subdivision, or the Maryland Home Improvement Commission, as applicable, to do the work required under the contract;
(2) Shall be qualified to do business in the State of Maryland;
(3) Shall be able to demonstrate to the satisfaction of the Department the ability to complete the rehabilitation work, which evidence may include previous professional rehabilitation experience;
(4) May not be suspended or debarred from the Department's programs pursuant to any action under COMAR 05.01.05;
(5) Shall agree in the contract to:
(a) Perform all work:
(i) In conformance with the contract and all applicable laws, local codes, and Departmental rehabilitation standards, whether or not covered by the work write-up and drawings for the work, and
(ii) In a competent, workmanlike manner, equal to the standards of the industry;
(b) Comply with all applicable laws, ordinances, and regulations relating to the protection and safety of persons or property;
(c) Furnish all labor, materials, and equipment, and obtain all licenses, permits, insurance coverage, and workers' compensation as may be required to complete the rehabilitation;
(d) Not assign the contract without prior written consent of the owner and approval of the local administrator;
(e) In addition to all remedies and guarantees provided by law, and at the contractor's expense, make all necessary repairs, replacements, and corrections of any nature or description, interior or exterior, structural or nonstructural, as shall become necessary by reason of faulty workmanship or material, which appear within:
(i) 1 year from the date the notice of completion is filed,
(ii) A longer period if any longer guarantee period is specified for any particular materials or workmanship under the plans and specifications, under a subcontract, in connection with any manufactured unit which is installed in the structure, or
(iii) A longer period, if Maryland law so provides;
(f) Complete all specifications of the proposal within the completion date as specified in the contract;
(6) Shall indemnify and hold the Department harmless from all liability and loss because of injury to or death of any person or damage to any property which may occur or be alleged to occur during performance of the contract as a direct or indirect result of any act or omission, whether intentional, negligent, or otherwise, by the contractor, subcontractors, or their agents, servants, and employees, and defend all suits or claims involving the above at its sole cost and expense.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.14 - Construction Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permits. If required by MDE or by local law, building or rehabilitation permits shall be obtained and posted at the project before the beginning of construction.
B. Contract Documents.
(1) Work done, materials supplied, and construction procedures employed shall comply with all contract documents and applicable codes and standards, including those set forth in these regulations and any others established by the Department or MDE. Contract documents include, without limitation:
(a) Rehabilitation loan agreement;
(b) Change orders;
(c) Certification of structural and mechanical soundness;
(d) Instructions to bidders;
(e) Specifications;
(f) Drawings, if applicable; and
(g) Contractor's proposal.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.15 - Loan Disbursements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Monitoring.
(1) The local administrator shall monitor loans and disbursement of loan funds during rehabilitation to assist borrowers and to assure that loan funds are properly used.
(2) Based on Program guidelines, the local administrator shall determine the frequency and level of inspections during rehabilitation, taking into consideration the:
(a) Capability of the borrower;
(b) Demonstrated experience and reliability of the contractor;
(c) Amount of the loan;
(d) Availability of the local technical assistance; and
(e) Other factors considered relevant by the Department.
(3) The local administrator may charge borrowers a fee for inspections during rehabilitation, as approved by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.16 - Certification of Local Governments as Local Administrators

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The Department recognizes that the most effective housing programs of this kind are those administered at the local level. Therefore, each political subdivision is encouraged and expected to develop the capacity to originate and administer Program loans. While the Department has the authority to originate and administer loans, the Department does not plan to operate a program for a political subdivision. The Department reserves the right, however, to originate or administer Program loans at its discretion.
B. Certification of Level I Local Administrators. The Department may certify a political subdivision to originate and administer loans when the political subdivision meets the following minimum criteria to the satisfaction of the Department:
(1) The political subdivision shall be able to provide staff to perform adequately the functions of the following positions:
(a) A rehabilitation director, experienced in operating a rehabilitation program, supervising employees, and dealing with the public;
(b) A building inspector, experienced in residential rehabilitation, cost estimation, writing specifications, blueprint reading, and residential inspections, and trained to understand and apply the appropriate codes and rehabilitation standards;
(c) A loan underwriter, experienced in mortgage lending and financial processing of loans; and
(d) Clerical and administrative staff trained to ensure prompt and efficient processing of applications, draw schedules, and other required items;
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.17 - Certification of Income

Current through Register Vol. 51, No. 14, July 12, 2024
A. Owner-Occupants.
(1) At initial occupancy, each owner-occupant shall submit to the Department a signed certificate of annual income for each member of the household 18 years old or older, along with verification documentation acceptable to the Department.
(2) After initial occupancy, the Department may require each owner-occupant to periodically submit to the Department a signed certificate of annual income for each member of the household 18 years old or older, along with verification documentation acceptable to the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.18 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. A borrower, contractor, local administrator, or subcontractor may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, or age, except with regard to age as permitted under the federal Housing for Older Persons Act, as amended from time to time, or other similar federal laws, in any aspect of the Program, or in any aspect of employment by any borrower, contractor, local administrator, or subcontractor in the connection with any property financed or assisted under the Program.
B. Each borrower, contractor, local administrator, and subcontractor shall comply with all applicable federal, State, and local laws and Department policies and programs regarding discrimination and equal opportunity in employment, housing, and credit practices, and drug and alcohol free workplaces, including:
(1) Titles VI and VII of the Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil Rights Act of 1968, as amended;
(3) The Fair Housing Amendments Act of 1988, as amended;
(4) The Department's Minority Business Enterprise Program;
(5) The Americans with Disabilities Act of 1990, as amended;
(6) State Government Article, Title 20, Annotated Code of Maryland, as amended; and
(7) Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department or State regulations adopted or to be adopted to carry out the requirements of that Order.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.19 - Program Fund Allocations

Current through Register Vol. 51, No. 14, July 12, 2024
It is the intent of the Department that Program funds be distributed Statewide. Monies appropriated to the Program shall be made available Statewide on a first-come, first-served basis.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.20 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Borrowers, contractors, and subcontractors shall maintain such books, accounts, and records, and shall file with the Department such financial and other reports as the Department may from time to time require.
B. The books, accounts, and records in §A of this regulation shall be open to the inspection of representatives of the Department or other agencies of the State during reasonable working hours.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.05 - Indoor Plumbing Loan Program › Section 05.04.05.21 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Combining with Other Loans and Grants. Program loans may be made in conjunction with other federal or State loan or grant programs, if the requirements of the Act and these regulations are met. The Program shall be administered to the extent possible to ensure maximum use of available federal funds.
B. Program Guidelines. The Department may establish from time to time detailed Program guidelines containing underwriting standards, loan processing requirements, and other requirements or matters relating to the financing of loans or to the Program. Copies of these guidelines shall be available for examination at the offices of any local administrator and at the Department's principal office. The Department, upon request, shall provide copies to the public for a reasonable charge.
C. Fees. The Department may charge commitment fees, application fees, closing fees, or other fees, charges, or penalties to applicants, borrowers, or other individuals or entities that participate in the Program. The Department may restrict the fees and charges that servicers, local administrators, or other Program participants obtain from borrowers or applicants.
D. Delegation. The Secretary may delegate to the Director, the Program Director, or to any other official or employee of the Department the authority to execute or approve any program documents or loan documents, including loan commitments and agreements with local administrators. In addition, through the agreement with the local administrator, specific staff members for the local administrator may be authorized by the Department to execute loan documents on behalf of the Department.
E. False Statements. A borrower who knowingly makes or causes to be made a false statement or report, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Department or the local administrator originating the loan, is subject to immediate acceleration of the loan, in addition to the criminal penalties authorized by Housing and Community Development Article, §
									4-933, Annotated Code of Maryland.
F. Waiver. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with the Act if:
(1) Conformance to the requirements of any federal, State, or local programs used in connection with a loan necessitates waiver or variance of a regulation; or
(2) In the determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter describes the policies and procedures for making State-funded loans and grants to finance lead hazard reduction activities in residential buildings and child care centers.
B. The regulations set forth in COMAR 05.04.13 describe the policies and procedures for lead hazard related grants and loans to be funded through a federal grant to the Department from the United States Department of Housing and Urban Development.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.03 - Eligible Borrowers and Grantees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirements for Loans and Grants. In order to be eligible for a loan or grant, an applicant shall meet the following requirements:
(1) Hold title to the property in fee simple or under a perpetually renewable lease;
(2) If an owner-occupant, reside, or intend to reside, in the building where the lead hazard reduction activity will take place;
(3) If an owner-landlord, meet the following requirements, which shall be met individually and together by all applicants if there is more than one applicant:
(a) If the business entity, be in good standing and qualified to do business in Maryland,
(b) Have the legal capacity, and all necessary legal and corporate authorizations, to incur the obligations of the loan or grant,
(c) Agree to abide by the nondiscrimination and alcohol-free and drug-free workplace requirements described in Regulation .18 of this chapter,
(d) Provide satisfactory assurance that, during the 12 months before making application for a loan or grant under this chapter, the borrower did not cause a residential tenant to leave the building to be abated, except upon good cause, and
(e) Agree in writing to assist with the relocation of tenants to the extent required by the Department; and
(4) Not have been suspended or debarred from the Department's programs under any action under COMAR 05.01.05.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.04 - Eligible Buildings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A building shall meet the following requirements:
(1) Be located within the State;
(2) Be one of the following:
(a) Structurally and mechanically sound such that there are no physical conditions that either endanger the life, property, safety, or welfare of the occupants or the public, or undermine the effectiveness of the lead hazard reduction work, or
(b) Property for which the borrower has obtained financing for rehabilitation work to make the building structurally and mechanically sound, and for which the rehabilitation work will take place before or in conjunction with the lead hazard reduction activity;
(3) Be in need of lead hazard reduction activity as demonstrated by meeting the following criteria:
(a) Has chipping, peeling, flaking, or deteriorated lead paint on interior or exterior surface, and
(b) Has tested positive for lead paint or dust at levels determined to be hazardous under MDE regulations;
(4) Be owned by an eligible borrower who shall provide evidence of ownership acceptable to the Department;
(5) Meet one of the following criteria:
(a) Contain one or more dwelling units,
(b) Provide congregate or group housing or temporary shelters, or
(c) Provide a child care center in the portion of the building to be assisted by the loan; and
(6) If a rental property, be registered in accordance with the Lead Poisoning Prevention Program defined in Regulation .02B of this chapter and be current for all applicable fees.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.05 - Eligible Projects-Lead Hazard Reduction Activity Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following lead hazard reduction activities may be financed by a Program grant or loan:
(1) Window replacement, which may include new wells, sills, and frames;
(2) Lead hazard treatment for existing windows, such as installation of new guides, guides and channels, and new well aluminum coil stock;
(3) Wall encapsulation or enclosure;
(4) Encapsulation or enclosure of lead-painted floors, stair risers, and treads;
(5) Treatment of floors and stairs to provide a smooth, clean surface that can easily be cleaned;
(6) Stabilization, repair, encapsulation, or enclosure of deteriorated or damaged lead-painted surfaces, whether interior or exterior;
(7) Repainting of all surfaces;
(8) Treatment of doors and door frames;
(9) Cleaning and HEPA vacuuming in accordance with MDE regulations;
(10) Post-treatment cleanup;
(11) Post-treatment clearance testing;
(12) Any other activity required to meet the risk reduction standards set forth in Environment Article, §
										6-815, or the modified risk reduction standards set forth in Environment Article, §
										6-819, Annotated Code of Maryland, and any regulations promulgated by MDE in connection with those provisions;
(13) Activities designed to test innovative or unproven methods of lead hazard reduction, as approved by MDE and the Program for the particular project; and
(14) Any other lead hazard reduction activity, including full abatement, relocation, or other activity authorized by the Act and approved by the Program.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.06 - Loan Terms and Requirements - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Interest Rate.
(1) The interest rate to be paid on each loan may not be more than private lending rates for comparable loans.
(2) Interest rates and repayment terms for each loan shall be set by the Department or the local administrator, as applicable, based upon the owner's ability to pay, in accordance with underwriting criteria set by the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 04 - SPECIAL LOAN PROGRAMS › Chapter 05.04.06 - Lead Hazard Reduction Grant and Loan Program › Section 05.04.06.07 - Loan Terms and Requirements - Deferred Payment Loans

Current through Register Vol. 51, No. 14, July 12, 2024
A. Deferral. In order to make a loan affordable, the Program may approve deferral of principal and interest payments for a period of time or until the transfer of the property or an interest in the property.
B. Eligibility for a Deferred Payment Loan. The applicant shall submit evidence satisfactory to the Program that the project requires terms of deferral under the Program underwriting criteria.
C. Security for a Deferred Payment Loan.
(1) The amount of the loan may not exceed the value of the property, less the amount of mortgage debt on the property, except that the Program may approve a higher loan-to-value ratio for owner-occupied property housing a lead-affected household.
(2) The loan shall be secured in accordance with the requirements set forth in Regulation .08 of this chapter.