{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 200 and title_number = 24 sorted by section_id", "rows": [["24:24:2.1.1.1.1.0.19.1", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "", "", "", "\u00a7 200.1 Purpose.", "HUD", "", "", "[61 FR 14398, Apr. 1, 1996]", "This part sets forth requirements that are applicable to several of the programs of the Federal Housing Administration, an organizational unit within the Department of Housing and Urban Development. Program requirements applicable to FHA programs and other HUD programs also can be found in 24 CFR part 5. The specific program regulations should be consulted to determine which requirements in this part 200 or 24 CFR part 5 are applicable."], ["24:24:2.1.1.1.1.1.19.1", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.3 Definitions.", "HUD", "", "", "[61 FR 14399, Apr. 1, 1996, as amended at 77 FR 5675, Feb. 3, 2012]", "(a) The definitions \u201cdepartment\u201d, \u201celderly person\u201d, \u201cfamily\u201d, \u201cHUD\u201d, and \u201cSecretary\u201d, as used in this subpart A, shall have the meanings given these terms in 24 CFR part 5.\n\n(b) The terms \u201c first mortgage \u201d, \u201c hospital \u201d, \u201c maturity date \u201d, \u201c mortgage \u201d, \u201c mortgagee \u201d, and \u201c state \u201d, as used in this subpart A shall have the meaning given in the section of the National Housing Act (12 U.S.C. 1701), as amended, under which the project mortgage is insured.\n\n(c) As used in this subpart A:\n\nAct  means the National Housing Act, (12 U.S.C. 1701) as amended.\n\nCommissioner  means the Federal Housing Commissioner.\n\nFHA  means the Federal Housing Administration.\n\nInsured mortgage  means a mortgage which has been insured by the endorsement of the credit instrument by the Commissioner, or the Commissioner's duly authorized representative.\n\nProject  means a property consisting of site, improvements and, where permitted, equipment meeting the provisions of the applicable section of the Act, other applicable statutes and regulations, and terms, conditions and standards established by the Commissioner."], ["24:24:2.1.1.1.1.1.19.2", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.5 Eligible mortgagor.", "HUD", "", "", "[76 FR 24369, May 2, 2011]", "(a) Except as provided in paragraph (b) of this section, the mortgagor:\n\n(1) Shall be a single asset mortgagor entity acceptable to the Commissioner, as limited by the applicable section of the Act, and shall possess the powers necessary and incidental to operating the project, except that the Commissioner may approve a non-single asset mortgagor entity under such circumstances, terms and conditions determined and specified as acceptable to the Commissioner; and\n\n(2) Shall not be a natural person or tenant in common.\n\n(b)(1) For multifamily project mortgages for which HUD issued a firm commitment for mortgage insurance before September 1, 2011, and for multifamily project mortgages insured under section 232 of the Act (12 U.S.C. 1715w), the mortgagor shall be a natural person or entity acceptable to the Commissioner, as limited by the applicable section of the Act, and shall possess the powers necessary and incidental to operating the project.\n\n(2) For multifamily project mortgages for which HUD issued a firm commitment for mortgage insurance on or after September 1, 2011, the regulations of paragraph (a) of this section shall apply, unless the mortgagor demonstrates to the satisfaction of the Commissioner that financial hardship to the mortgagor would result from application of the regulations in paragraph (a) of this section due to the reasonable expectations of the mortgagor that the transaction would close under the regulations in effect prior to September 1, 2011, in which case, the regulations of paragraph (b)(1) shall apply."], ["24:24:2.1.1.1.1.1.19.3", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.6 Employer identification and social security numbers.", "HUD", "", "", "", "The requirements set forth in 24 CFR part 5, regarding the disclosure and verification of social security numbers and employer identification numbers by applicants and participants in assisted mortgage and loan insurance and related programs, apply to these programs."], ["24:24:2.1.1.1.1.1.20.4", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.10 Lender requirements.", "HUD", "", "", "[62 FR 20081, Apr. 24, 1997]", "The requirements set forth in part 202 of this chapter regarding approval, recertification, withdrawal of approval, approval for servicing, report requirements and conditions for supervised mortgagees, nonsupervised mortgagees, investing mortgagees, and governmental and similar institutions, apply to these programs."], ["24:24:2.1.1.1.1.1.20.5", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.11 Audit requirements for State and local governments as mortgagees.", "HUD", "", "", "[80 FR 75936, Dec. 7, 2015]", "Requirements set forth in 2 CFR part 200, subpart F, apply to State and local governments (as defined at 2 CFR 200.90 and 200.64, respectively) that receive mortgage insurance as mortgagees."], ["24:24:2.1.1.1.1.1.21.6", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.15 Maximum mortgage.", "HUD", "", "", "[73 FR 17239, Mar. 31, 2008]", "Mortgages must not exceed either the statutory dollar amount or loan ratio limitations established by the section of the Act under which the mortgage is insured, except that the Commissioner may increase the dollar amount limitations:\n\n(a) By not to exceed 170 percent, in any geographical area, in which the Commissioner finds that cost levels so require; and\n\n(b) By not to exceed 170 percent, or 215 percent in high-cost areas, where the Commissioner determines it necessary on a project-by-project basis."], ["24:24:2.1.1.1.1.1.21.7", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.16 Project mortgage adjustments and reductions.", "HUD", "", "", "", "The principal amount computed in accordance with the applicable section of the Act for the insured mortgage shall be subject to additional adjustments and reductions in accordance with terms and conditions established by the Commissioner."], ["24:24:2.1.1.1.1.1.21.8", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.17 Mortgage coverage.", "HUD", "", "", "", "The mortgage shall cover the entire property included in the project."], ["24:24:2.1.1.1.1.1.21.9", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.18 Minimum loan prohibition.", "HUD", "", "", "", "A mortgagee may not require that the mortgage exceed a minimum amount established by the mortgagee, as a condition of providing a loan secured by a mortgage insured under this part."], ["24:24:2.1.1.1.1.1.22.10", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.20 Refinancing insured mortgages.", "HUD", "", "", "[72 FR 66037, Nov. 26, 2007]", "An existing mortgage insured under the Act, or an existing mortgage held by the Secretary that is subject to a mortgage restructuring and rental assistance sufficiency plan under the Multifamily Assisted Housing Reform and Affordability Act, 42 U.S.C. 1437f note (MAHRA), may be refinanced pursuant to section 223(a)(7) of the Act and such terms and conditions as may be established by the Commissioner. The term of such refinancing in connection with the implementation of an approved restructuring plan under section 401, subpart C of this title, may be up to, but not more than, 30 years."], ["24:24:2.1.1.1.1.1.22.11", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.21 Reinsurance of Commissioner held mortgages.", "HUD", "", "", "", "Any mortgage assigned to the Commissioner in connection with payment under a contract of mortgage insurance, or executed in connection with a sale by the Commissioner of any property acquired under any section or title of the Act, may be insured pursuant to provisions of section 223(c) of the Act and such terms and conditions established by the Commissioner."], ["24:24:2.1.1.1.1.1.22.12", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.22 Operating loss loans.", "HUD", "", "", "", "An insured loan to cover the operating losses of a project with an existing Commissioner insured mortgage may be made in accordance with provisions of section 223(d) of the Act and such terms and conditions established by the Commissioner."], ["24:24:2.1.1.1.1.1.22.13", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.23 Projects in declining neighborhoods.", "HUD", "", "", "", "A Mortgage financing the repair, rehabilitation or construction of a project located in an older declining urban area shall be eligible for insurance pursuant to provisions of section 223(e) of the Act and such terms and conditions established by the Commissioner."], ["24:24:2.1.1.1.1.1.22.14", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.24 Existing projects.", "HUD", "", "", "[79 FR 42189, July 21, 2014]", "A mortgage financing the purchase or refinance of an existing rental housing project or refinance of the existing debt of an existing cooperative project under section 207 of the Act, or for refinancing the existing debt of an existing nursing home, intermediate care facility, assisted living facility, or board and care home, or any combination thereof, under section 232 of the Act, may be insured pursuant to provisions of section 223(f) of the Act and such terms and conditions established by HUD."], ["24:24:2.1.1.1.1.1.22.15", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.25 Supplemental loans.", "HUD", "", "", "[72 FR 67545, Nov. 28, 2007]", "A loan, advance of credit or purchase of an obligation representing a loan or advance of credit made for the purpose of financing improvements or additions to a project covered by a mortgage insured under any section of the Act or Commissioner-held mortgage, or equipment for a nursing home, intermediate care facility, board and care home, assisted living facility, or group practices facility, may be insured pursuant to the provisions of section 241 of the Act and such terms and conditions established by HUD."], ["24:24:2.1.1.1.1.1.23.16", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.30 Nondiscrimination and equal opportunity.", "HUD", "", "", "", "The requirements set forth in 24 CFR part 5, and subparts I, J, and M of this part pertaining to nondiscrimination and equal opportunity, apply to these programs."], ["24:24:2.1.1.1.1.1.23.17", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.31 Debarment and suspension.", "HUD", "", "", "[72 FR 73494, Dec. 27, 2007]", "The requirements set forth in 2 CFR part 2424 apply to these programs."], ["24:24:2.1.1.1.1.1.23.18", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.32 Participation and compliance requirements.", "HUD", "", "", "", "The requirements set forth in 24 CFR part 200, subpart H, apply to these programs."], ["24:24:2.1.1.1.1.1.23.19", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.33 Labor standards.", "HUD", "", "", "", "(a) The requirements set forth in 29 CFR parts 1, 3 and 5 for compliance with labor standards laws apply to projects under these programs to the extent that labor standards apply as provided in section 212 of the Act, provided that:\n\n(1) The labor standards provisions do not apply to projects insured under sections 207 or 232 pursuant to section 223(f) of the Act; and\n\n(2) Supplemental loans under section 241 of the Act are subject to the provisions of section 212 applicable to the section or title pursuant to which the mortgage covering the project is insured or pursuant to which the original mortgage was insured.\n\n(b) The requirements set forth in 24 CFR part 70 apply to those programs with respect to which there is a statutory provision allowing HUD waiver of Davis-Bacon prevailing wage rates for volunteers.\n\n(c) Project commitments, contracts and agreements, as determined by the Commissioner, and construction contracts and subcontracts, shall include terms, conditions and standards for compliance with applicable requirements set forth in 29 CFR parts 1, 3 and 5 and section 212 of the Act.\n\n(d) No advance under a loan or mortgage that is subject to the requirements of section 212 shall be eligible for insurance unless there is filed with the application for the advance a certificate as required by the Commissioner certifying that the laborers and mechanics employed in construction of the project have been paid not less than the wage rates required under section 212."], ["24:24:2.1.1.1.1.1.23.20", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.34 Property and mortgage assessment.", "HUD", "", "", "", "The requirements set forth in 24 CFR part 200, subpart E, regarding the mortgagor's responsibility for making those investigations, analysis and inspections it deems necessary for protecting its interests in the property apply to these programs."], ["24:24:2.1.1.1.1.1.23.21", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.35 Appraisal standards\u2014nondiscrimination requirements.", "HUD", "", "", "", "(a)  Nondiscrimination in the selection of appraiser.  In the selection of an appraiser, there shall be no discrimination on the basis of race, color, religion, national origin, sex, age, or disability.\n\n(b)  Nondiscrimination in appraisal determination.  The certification required by the Uniform Standards of Professional Appraisal Practice must include a statement that the racial/ethnic composition of the neighborhood surrounding the property in no way affected the appraisal determination."], ["24:24:2.1.1.1.1.1.23.22", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.36 Financial reporting requirements.", "HUD", "", "", "[63 FR 46592, Sept. 1, 1998]", "The mortgagor must comply with the financial reporting requirements in 24 CFR part 5, subpart H."], ["24:24:2.1.1.1.1.1.23.23", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.37 Preventing crime in federally assisted housing.", "HUD", "", "", "[66 FR 28797, May 24, 2001]", "See part 5, subparts I and J of this title, for provisions concerning preventing crime in federally assisted housing, including programs administered under section 236 and under sections 221(d)(3) and 221(d)(5) of the National Housing Act."], ["24:24:2.1.1.1.1.1.23.24", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.38 Protections for victims of domestic violence.", "HUD", "", "", "[81 FR 80805, Nov. 16, 2016]", "(a) The requirements for protection for victims of domestic violence, dating violence, sexual assault, or stalking in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking) apply to programs administered under section 236 and under sections 221(d)(3) and (d)(5) of the National Housing Act, as follows:\n\n(1) Multifamily rental housing under section 221(d)(3) of the National Housing Act (12 U.S.C. 17151(d)) with a below-market interest rate (BMIR) pursuant to section 221(d)(5), with implementing regulations at 24 CFR part 221. The Section 221(d)(3) BMIR program insured and subsidized mortgage loans to facilitate new construction or substantial rehabilitation of multifamily rental cooperative housing for low- and moderate-income families. The program is no longer active, but Section 221(d)(3) BMIR properties that remain in existence are covered by VAWA. Coverage of section 221(d)(3) and (d)(5) BMIR housing does not include section 221(d)(3) and (d)(5) BMIR projects that refinance under section 223(a)(7) or 223(f) of the National Housing Act where the interest rate is no longer determined under section 221(d)(5).\n\n(2) Multifamily rental housing under section 236 of the National Housing Act (12 U.S.C. 1715z-1), with implementing regulations at 24 CFR part 236. Coverage of the section 236 program includes not only those projects with FHA-insured project mortgages under section 236(j), but also non-FHA-insured projects that receive interest reduction payments (\u201cIRP\u201d) under section 236(b) and formerly insured section 236 projects that continue to receive interest reduction payments through a \u201cdecoupled\u201d IRP contract under section 236(e)(2). Coverage also includes projects that receive rental assistance payments authorized under section 236(f)(2).\n\n(b) For the programs administered under paragraph (a) of this section, \u201ccovered housing provider\u201d as such term is used in 24 CFR part 5, subpart L, refers to the mortgagor, or owner, as applicable."], ["24:24:2.1.1.1.1.1.24.25", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.40 HUD fees.", "HUD", "", "", "[61 FR 14414, Apr. 1, 1996, as amended at 72 FR 66037, Nov. 26, 2007; 72 FR 67545, Nov. 28, 2007; 80 FR 48027, Aug. 11, 2015]", "The following fees apply to mortgages to be insured under this part.\n\n(a)  Application fee\u2014SAMA letter (for new construction).  An application fee of $1 per thousand dollars of the requested mortgage shall accompany the application for a SAMA letter. An additional fee of $1 per thousand dollars of the requested mortgage amount shall be charged for the review of plans and specifications.\n\n(b)  Application fee\u2014feasibility letter (for substantial rehabilitation).  An application fee of $3 per thousand dollars of the requested mortgage amount shall accompany the application for a feasibility letter.\n\n(c)  Application fee\u2014conditional commitment.  For a mortgage being insured under section 223(f) of the Act (12 U.S.C. 1715n), an application-commitment fee of $3 per thousand dollars of the requested mortgage amount shall accompany an application for conditional commitment.\n\n(d)(1)  Application fee\u2014firm commitment: General.  An application for firm commitment shall be accompanied by an application-commitment fee in an amount determined by the Secretary, which when added to any prior fees received in connection with the same application, shall not exceed $5.00 per thousand dollars of the requested mortgage amount to be insured. The payment of an application-commitment fee shall not be required in connection with an insured mortgage involving the sale by the government of housing or property acquired, held, or contracted pursuant to the Atomic Energy Community Act of 1955 (42 U.S.C. 2301  et seq. ).\n\n(2)  Application fee\u2014Section 232 Programs.  For purposes of mortgages insured under HUD's regulations in 24 CFR part 232, subpart C, an application for firm commitment shall be accompanied by an application fee in an amount determined by the Secretary, which shall not exceed $5.00 per thousand dollars of the requested mortgage amount to be insured.\n\n(e)  Inspection fee \u2014(1)  In general.  The firm commitment may provide for the payment of an inspection fee in an amount not to exceed $5 per thousand dollars of the commitment. If an inspection fee is required, it shall be paid as follows:\n\n(i) If the case involves insurance of advances, at the time of initial endorsement; or\n\n(ii) If the case involves insurance upon completion, before the date construction is begun.\n\n(2)  Existing projects.  For a mortgage being insured under section 223(f) of the Act, if the application provides for the completion of repairs, replacements and/or improvements (repairs), the Commissioner will charge an inspection fee equal to one percent (1%) of the cost of the repairs. However, where the Commissioner determines the cost of repairs is minimal, the Commissioner may establish a minimum inspection fee that exceeds one percent of the cost of repairs and can periodically increase or decrease this minimum fee.\n\n(f)  Fees on increases\u2014in general.  This section applies to all applications except applications involving hospitals, which are covered in 24 CFR part 242.\n\n(1)  Increase in firm commitment before endorsement.  An application, filed before initial endorsement (or before endorsement in a case involving insurance upon completion), for an increase in the amount of an outstanding firm commitment, shall be accompanied by a combined additional application and commitment fee. This combined additional fee shall be in an amount that will aggregate $5 per thousand dollars of the amount of the requested increase. If an inspection fee was required in the original commitment, an additional inspection fee shall be paid in an amount computed at the same dollar rate per thousand dollars of the amount of increase in commitment as was used for the inspection fee required in the original commitment. When insurance of advances is involved, the additional inspection fee shall be paid at the time of initial endorsement. When insurance upon completion is involved, the additional inspection fee shall be paid before the date construction is begun; or, if construction has begun, it shall be paid with the application for increase.\n\n(2)  Increase in mortgage between initial and final endorsement.  Upon the filing of an application between initial and final endorsement, for an increase in the amount of the mortgage, either by amendment or by substitution of a new mortgage, a combined additional application and commitment fee shall accompany the application. This combined additional fee shall be in an amount that will aggregate $5 per thousand dollars of the amount of the increase requested. If an inspection fee was required in the original commitment, an additional inspection fee shall accompany the application in an amount not to exceed the $5 per thousand dollars of the amount of the increase requested.\n\n(3)  Loan to cover operating losses.  In connection with a loan to cover operating losses (see Sec. 200.22), a combined application and commitment fee of $5 per thousand dollars of the amount of the loan applied for shall be submitted with the application for a firm commitment. No inspection fee shall be required.\n\n(g)  Reopening of expired commitments.  An expired commitment may be reopened if a request for reopening is received by the Commissioner within 90 days of the expiration of the commitment. The reopening request shall be accompanied by a fee of 50 cents per thousand dollars of the amount of the expired commitment. If the reopening request is not received by the Commissioner within the required 90-day period, a new application, accompanied by the required application and commitment fee, must be submitted.\n\n(h)  Transfer fee.  Upon application for the approval of a transfer of physical assets or the substitution of mortgagors, a transfer fee of 50 cents per thousand dollars shall be paid on the original face amount of the mortgage in all cases, except that a transfer fee shall not be paid where both parties to the transfer transaction are nonprofit purchasers, or when the transfer of physical assets or the substitution of mortgagors occurs contemporaneously with the restructuring of a mortgage pursuant to a restructuring plan under part 401, subpart C of this title.\n\n(i)  Refund of fees.  If the amount of the commitment issued or increase in mortgage granted is less than the amount applied for, the Commissioner shall refund the excess amount of the application and commitment fees submitted by the applicant. If an application is rejected before it is assigned for processing, or in such other instances as the Commissioner may determine, the entire application and commitment fee or any portion thereof may be returned to the applicant. Commitment, inspection and reopening fees may be refunded, in whole or in part, if it is determined by the Commissioner that there is a lack of need for the housing or that the construction or financing of the project has been prevented because of condemnation proceedings or other legal action taken by a governmental body or public agency, or in such other instances as the Commissioner may determine. A transfer fee may be refunded only in such instances as the Commissioner may determine.\n\n(j)  Fees not required.  (1) The payment of an application, commitment, inspection, or reopening fee shall not be required in connection with the insurance of a mortgage involving the sale by the Secretary of any property acquired under any section or title of the Act.\n\n(2) The payment of an application or commitment fee shall not be required in connection with the insurance of a mortgage used to facilitate a restructuring plan under part 401, subpart C of this title."], ["24:24:2.1.1.1.1.1.24.26", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.41 Maximum mortgagee fees and charges.", "HUD", "", "", "", "(a) Mortgagee fees and charges included in the mortgage must be for actual required services provided to the mortgagor by the mortgagee, and shall not exceed common market rates for such services as determined by the Commissioner.\n\n(b) Mortgagee charges for prepayment of the mortgage and late mortgage payments shall not exceed that determined appropriate by the Commissioner."], ["24:24:2.1.1.1.1.1.25.27", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.45 Processing of applications.", "HUD", "", "", "[61 FR 14415, Apr. 1, 1996]", "(a)  Preapplication conference.  Except for mortgages insured under section 241(f) or 242 of the Act, the local HUD Office will determine whether participation in such a conference is required as a condition to submission of an initial application for either a site appraisal and market analysis (SAMA) letter (for new construction), a feasibility letter (for substantial rehabilitation), or for a firm commitment. The project sponsor may elect (after the preapplication conference if required) to submit an application for a SAMA or a feasibility letter (as appropriate), or for a firm commitment for insurance depending upon the completeness of the drawings, specifications and other required exhibits. An application for a SAMA or feasibility letter may be submitted by the project sponsor. An application for a firm commitment for insurance must be submitted by both the project sponsor and an approved mortgagee. Applications shall be submitted to the local HUD Office on HUD-approved forms. No application will be considered unless accompanied by all exhibits required by the form and program handbooks. At the option of the local HUD Office, the SAMA/Feasibility letter stage of processing can be combined with the firm commitment stage of processing.\n\n(b)  Firm commitment requirement.  An application for a firm commitment must be made by an approved mortgagee for any project for which a mortgagor seeks mortgage insurance under the Act.\n\n(c)  Staged applications.  Staged applications leading to an application for firm commitment shall be made as determined appropriate by the Commissioner, and in accordance with such terms and conditions established by the Commissioner. The intermediate stages to firm commitment may include a site appraisal and market analysis (SAMA) letter stage or a feasibility letter stage and a conditional commitment. The conditional commitment stage applies only to mortgages to be insured pursuant to section 223(f) of the Act.\n\n(d)  Effect of SAMA letter, feasibility letter, and firm commitment \u2014(1)  SAMA letter.  (i) The issuance of a SAMA letter indicates completion of the site appraisal and market analysis stage to determine initial acceptability of the site and recognition of a specific market need. The SAMA letter is not a commitment to insure a mortgage for the proposed project and does not bind the Commissioner to issue a firm commitment to insure. The SAMA letter precedes the later submission of acceptable plans and specifications for the proposed project and is limited to advising the applicant as to the following determinations of the Commissioner, which shall not be changed to the detriment of an applicant, if the application for a firm commitment is received before expiration of the SAMA letter:\n\n(A) The land value fully improved (with off-site improvements installed);\n\n(B) The acceptability of the proposed project site, the proposed composition, number and size of the units and the market for the number of proposed units. Where the application is not acceptable as submitted, but can be made acceptable by a change in the number, size, or composition of the units, the SAMA letter may establish the specific lesser number of units which would be acceptable and any acceptable alternative plan for the composition and size of units; and\n\n(C) The acceptability of the unit rents proposed. Where rent levels are unacceptable, the SAMA letter may establish specific rents which are acceptable.\n\n(ii) After receiving a SAMA letter, the sponsor shall submit design drawings and specifications in a timeframe prescribed by the Commissioner. The Commissioner will review and comment on design development and the drawings and specifications. The comments will be provided to the sponsor for use in preparing a firm commitment application.\n\n(2)  Feasibility letter.  The issuance of a feasibility letter indicates approval of the preliminary work write-up and outline specifications and completion of technical processing involving the estimated rehabilitation cost of the project, the \u201cas is\u201d value of the site, the detailed estimates of operating expenses and taxes, the specific unit rents, the vacancy allowance, and the estimated mortgage amount. The issuance of a feasibility letter is not a commitment to insure a mortgage for the proposed project and does not bind the Commissioner to issue a firm commitment to insure. Determinations found in a feasibility letter are not to be binding upon the Department and may be changed in whole or in part at any later point in time. The letter may even be unilaterally terminated by the Commissioner if found necessary.\n\n(3)  Conditional commitment.  The issuance of a Section 223(f) conditional commitment indicates completion of technical processing involving the estimated value of the property, the detailed estimates of rents, operating expenses and taxes and an estimated mortgage amount.\n\n(e)  Term of SAMA letter, feasibility letter, and conditional commitment.  A SAMA letter, a feasibility letter, and a conditional commitment shall be effective for whatever term is specified in the respective letter or commitment.\n\n(f)  Rejection of an application.  A significant deviation in an application from the Commissioner's terms or conditions in an earlier stage application commitment or agreement shall be grounds for rejection. The fees paid to such date shall be considered as having been earned notwithstanding such rejection."], ["24:24:2.1.1.1.1.1.25.28", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.46 Commitment issuance.", "HUD", "", "", "", "Upon approval of an application for insurance, a commitment shall be issued by the Commissioner setting forth the terms and conditions upon which the mortgage will be insured. The commitment term and any extension or reopening of an expired commitment shall be in accordance with standards established by the Commissioner."], ["24:24:2.1.1.1.1.1.25.29", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.47 Firm commitments.", "HUD", "", "", "", "A valid firm commitment must be in effect at the time the mortgage instrument is endorsed.\n\n(a)  Insurance upon completion.  The commitment shall provide the terms and conditions for the insurance of the mortgage:\n\n(1) After completion of construction or substantial rehabilitation of the project; or\n\n(2) Upon completion of required work, except as deferred by the Commissioner in accordance with terms, conditions and standards established by the Commissioner, for an existing project without substantial rehabilitation.\n\n(b)  Insured advances.  The commitment shall provide for insurance of the mortgage as provided in paragraph (a) of this section, and for the insurance of mortgage money advanced in accordance with terms and conditions established by the Commissioner during: construction; substantial rehabilitation; or other work acceptable to the Commissioner."], ["24:24:2.1.1.1.1.1.26.30", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.50 Building loan agreement.", "HUD", "", "", "", "The mortgagor and mortgagee must execute a building loan agreement approved by the Commissioner, that sets forth the terms and conditions under which progress payments may be advanced during construction, before initial endorsement of the mortgage for insurance."], ["24:24:2.1.1.1.1.1.26.31", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.51 Mortgagee certificate.", "HUD", "", "", "", "The mortgagee shall certify to the Commissioner that it will conform with terms and conditions established by the Commissioner for the mortgagee's control of project funds, and other incidental requirements established by the Commissioner."], ["24:24:2.1.1.1.1.1.26.32", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.52 Construction contract.", "HUD", "", "", "", "The form of contract between the mortgagor and builder shall be as prescribed by the Commissioner in accordance with terms and conditions established by the Commissioner."], ["24:24:2.1.1.1.1.1.26.33", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.53 Initial operating funds.", "HUD", "", "", "", "The mortgagor shall deposit cash with the mortgagee, or in a depository satisfactory to the mortgagee and under control of the mortgagee, in accordance with terms, conditions and standards established by the Commissioner for:\n\n(a) Accruals for taxes, ground rates, mortgage insurance premiums, and property insurance premiums, during the course of construction;\n\n(b) Meeting the cost of equipping and renting the project subsequent to its completion in whole or part; and\n\n(c) Allocation by the mortgagee for assessments required by the terms of the mortgage in an amount acceptable to the Commissioner."], ["24:24:2.1.1.1.1.1.26.34", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.54 Project completion funding.", "HUD", "", "", "[75 FR 51915, Aug. 23, 2010, as amended at 89 FR 100743, Dec. 13, 2024]", "(a) Except as provided in paragraph (c) of this section, the mortgagor shall deposit with the mortgagee cash deemed by the Commissioner to be sufficient, when added to the proceeds of the insured mortgage, to assure completion of the project and to pay the initial service charge, carrying charges, and legal and organizational expenses incident to the construction of the project. The Commissioner may accept a lesser cash deposit or an alternative to a cash deposit in accordance with terms and conditions established by the Commissioner, where the required funding is to be provided by a grant or loan from a Federal, State, or local government agency or instrumentality.\n\n(b) An agreement acceptable to the Commissioner shall require that funds provided by the mortgagor under requirements of this section must be disbursed in full for project work, material, and incidental charges and expenses before disbursement of any insured mortgage proceeds, except:\n\n(1) Low-income housing tax credit syndication proceeds, historic tax-credit syndication proceeds, New Markets Tax Credits proceeds, or funds provided by a grant or loan from a Federal, State, or local governmental agency or instrumentality under requirements of this section need not be fully disbursed before the disbursement of insured mortgage proceeds, where approved by the Commissioner in accordance with terms, conditions, and standards established by the Commissioner; or\n\n(2) If the mortgagor's deposit required by paragraph (a) of this section is not fully disbursed with the initial advance of the insured mortgage proceeds, the mortgagee may disburse up to one (1) percent of the mortgage amount initially endorsed for insurance before requiring that the funds provided by the mortgagor be disbursed in full. The 1 percent of the initially endorsed mortgage amount may be disbursed in full at the time of initial endorsement or may be disbursed in any amount on a monthly basis, whether consecutive or nonconsecutive, until the funds provided by the mortgagor are fully disbursed.\n\n(c) In the case of a mortgage insured under any provision of this title executed in connection with the purchase, construction, rehabilitation, or refinancing of a multifamily tax credit project, the Commissioner may not require:\n\n(1) The escrowing of equity provided by Low-Income Housing Tax Credits for the project pursuant to Title 26, section 42 of the Internal Revenue Code of 1986;\n\n(2) The escrowing of equity provided by historic rehabilitation tax credits, New Markets Tax Credits, or any other form of security, such as a letter of credit."], ["24:24:2.1.1.1.1.1.26.35", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.55 Financing fees and charges.", "HUD", "", "", "", "Fees and charges approved by the Commissioner in excess of the initial service charge shall be deposited with the mortgagee in cash before initial endorsement, except as otherwise preapproved by the Commissioner."], ["24:24:2.1.1.1.1.1.26.36", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.56 Assurance of completion for on-site improvements.", "HUD", "", "", "", "The mortgagor shall furnish assurance of completion of the project in the form and amount provided by terms, conditions and standards established by the Commissioner."], ["24:24:2.1.1.1.1.1.27.37", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.60 Assurance of completion for offsite facilities.", "HUD", "", "", "", "An assurance of completion for offsite utilities, streets, and other facilities required for a buildable site shall be provided in an amount and form acceptable to the Commissioner, except where a municipality or other public body has, in a manner acceptable to the Commissioner, agreed to install such improvements without cost to the mortgagor."], ["24:24:2.1.1.1.1.1.27.38", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.61 Title.", "HUD", "", "", "", "(a) Marketable title to the project must be vested in the mortgagor as of the date the mortgage is filed for record.\n\n(b) Title evidence for the Commissioner's examination shall include a lender's title insurance policy, which title policy provides survey coverage based on a survey acceptable to the title company and the Commissioner; or as the Commissioner may otherwise require, in accordance with terms, conditions and standards established by the Commissioner.\n\n(c) Endorsement of the credit instrument for insurance shall evidence the acceptability of title evidence."], ["24:24:2.1.1.1.1.1.27.39", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.62 Certifications.", "HUD", "", "", "", "Any agreement, undertaking, statement or certification required by the Commissioner shall specifically state that it has been made, presented, and delivered for the purpose of influencing an official action of the FHA, and of the Commissioner, and may be relied upon by the Commissioner as a true statement of the facts contained therein."], ["24:24:2.1.1.1.1.1.27.40", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.63 Required deposits and letters of credit.", "HUD", "", "", "", "(a)  Deposits.  Where the Commissioner requires the mortgagor to make a deposit of cash or securities, such deposit shall be with the mortgagee or a depository acceptable to the mortgagee. The deposit shall be held by the mortgagee in a special account or by the depository under an appropriate agreement approved by the Commissioner.\n\n(b)  Letter of credit.  Where the use of a letter of credit is acceptable to the Commissioner in lieu of a deposit of cash or securities, the letter of credit shall be issued to the mortgagee by a banking institution and shall be unconditional and irrevocable:\n\n(1) The mortgagee of record may not be the issuer of any letter of credit without the prior written consent of the Commissioner.\n\n(2) The mortgagee shall be responsible to the Commissioner for collection under the letter of credit. In the event a demand for payment thereunder is not immediately met, the mortgagee shall immediately provide a cash deposit equivalent to the undrawn balance of the letter of credit."], ["24:24:2.1.1.1.1.1.28.41", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.70 Location and fee interest.", "HUD", "", "", "", "The property must be held by an eligible mortgagor, and must conform with requirements pertaining to property location and fee or lease interests of the section of the Act under which the mortgage is insured."], ["24:24:2.1.1.1.1.1.28.42", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.71 Liens.", "HUD", "", "", "", "The project must be free and clear of all liens other than the insured mortgage, except that the property may be subject to an inferior lien as provided by terms and conditions established by the Commissioner for an inferior lien:\n\n(a) Made or held by a Federal, State or local government instrumentality;\n\n(b) Required in connection with: an operating loss loan insured pursuant to a section 223(d) of the Act; a supplemental loan insured pursuant to section 241 of the Act; or a mortgage to purchase or refinance an existing project pursuant to section 223(f) of the Act; or\n\n(c) As otherwise provided by the Commissioner."], ["24:24:2.1.1.1.1.1.28.43", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.72 Zoning, deed and building restrictions.", "HUD", "", "", "", "The project when completed shall not violate any material zoning or deed restrictions applicable to the project site, and shall comply with all applicable building and other governmental codes, ordinances, regulations and requirements."], ["24:24:2.1.1.1.1.1.28.44", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.73 Property development.", "HUD", "", "", "", "(a) The property shall be suitable and principally designed for the intended use, as provided by the applicable section of the Act under which the mortgage is insured, and have long-term marketability. Design, construction, substantial rehabilitation and repairs shall be in accordance with standards established by the Commissioner.\n\n(b) A project may include such commercial and community facilities as the Commissioner deems acceptable.\n\n(c) The improvements shall constitute a single project. Not less than five rental dwelling units or personal care units, 20 medical care beds, or 50 manufactured home pads, shall be on one site, except that such limitations do not apply to group practice facilities."], ["24:24:2.1.1.1.1.1.28.45", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.74 Minimum property standards.", "HUD", "", "", "", "The requirements set forth in subpart S of this part apply to these programs, except for hospitals insured under section 242 of the Act and group practice facilities insured under title XI of the Act."], ["24:24:2.1.1.1.1.1.28.46", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.75 Environmental quality determinations and standards.", "HUD", "", "", "", "Requirements set forth in 24 CFR part 50, Protection and Enhancement of Environmental Quality, 24 CFR part 51, Environmental Criteria and Standards, 24 CFR part 55, Implementation of Executive Order 11988, Flood Plain Management, and as otherwise required by the Commissioner apply to these programs."], ["24:24:2.1.1.1.1.1.28.47", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.76 Smoke detectors.", "HUD", "", "", "", "Smoke detectors and alarm devices must be installed in accordance with standards and criteria acceptable to the Commissioner for the protection of occupants in any dwelling or facility bedroom or other primary sleeping area."], ["24:24:2.1.1.1.1.1.28.48", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.77 Lead-based paint poisoning prevention.", "HUD", "", "", "", "Requirements set forth in 24 CFR part 35 apply to these programs."], ["24:24:2.1.1.1.1.1.28.49", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.78 Energy conservation.", "HUD", "", "", "", "Construction, mechanical equipment, and energy and metering selections shall provide cost effective energy conservation in accordance with standards established by the Commissioner."], ["24:24:2.1.1.1.1.1.29.50", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.80 Mortgage form.", "HUD", "", "", "", "The mortgage shall be:\n\n(a) Executed on a form approved by the Commissioner for use in the jurisdiction in which the property securing the mortgage is situated, which form shall not be changed without the prior written approval of the Commissioner.\n\n(b) Executed by an eligible mortgagor.\n\n(c) A first lien on the property securing the mortgage, which property conforms with the property standards prescribed by the Commissioner."], ["24:24:2.1.1.1.1.1.29.51", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.81 Disbursement of mortgage proceeds.", "HUD", "", "", "", "The mortgagee shall be obligated, as a part of the mortgage transaction, to disburse the principal amount of the mortgage to the:\n\n(a) Mortgagor or mortgagor's account;\n\n(b) Mortgagor's creditors for the mortgagor's account, subject to the mortgagor's consent."], ["24:24:2.1.1.1.1.1.29.52", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.82 Maturity.", "HUD", "", "", "", "The mortgage shall have a maturity satisfactory to the Commissioner, and shall contain complete amortization or sinking-fund provisions satisfactory to the Commissioner.\n\n(a) The maximum mortgage term may not exceed the lesser of:\n\n(1) Any limits included under the applicable section of the Act.\n\n(2) Thirty-five years for existing projects, except that the mortgage term may be up to 40 years under terms and conditions established by the Commissioner, and 40 years for proposed construction and substantial rehabilitation projects.\n\n(3) Seventy-five percent of the estimated remaining economic life of the physical improvements.\n\n(b) The minimum mortgage term shall not be less than 10 years."], ["24:24:2.1.1.1.1.1.29.53", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.83 Interest rate.", "HUD", "", "", "", "(a) The mortgage shall bear interest at the rate agreed upon by the mortgagee and the mortgagor.\n\n(b) Interest shall be payable in monthly installments on the principal amount of the mortgage outstanding on the due date of each installment.\n\n(c) The amount of any increase approved by the Commissioner in the mortgage amount between initial and final endorsement in excess of the amount that the Commissioner had committed to insure at initial endorsement shall bear interest at the rate agreed upon by the mortgagee and the mortgagor."], ["24:24:2.1.1.1.1.1.29.54", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.84 Payment requirements.", "HUD", "", "", "", "The mortgage shall provide for:\n\n(a) A single aggregate payment each month for all payments to be made by the mortgagor to the mortgagee.\n\n(b) The mortgagor to pay to the mortgagee:\n\n(1) Interest and principal on the first day of each month in accordance with an amortization plan agreed upon by the mortgagor, the mortgagee and the Commissioner.\n\n(i) Date of first payment to interest shall be the endorsement date or, where there are insured advances, the initial endorsement date.\n\n(ii) Date of first payment to principal. The Commissioner shall estimate the time necessary to complete the project and shall establish the date of the first payment to principal so that the lapse of time between completion of the project and commencement of amortization will not be longer than necessary to obtain sustaining occupancy.\n\n(2) An amount on each interest payment date sufficient to accumulate in the hands of the mortgagee one payment period prior to its due date, the next annual mortgage insurance premium payable by the mortgagee to the Commissioner. Such payments shall continue only so long as the contract of insurance shall remain in effect.\n\n(3) Equal monthly payments as will amortize the ground rents, if any, and the estimated amount of all taxes, water charges, special assessments, and fire and other hazard insurance premiums, within a period ending one month prior to the dates on which the same become delinquent.\n\n(4) The mortgage shall further provide:\n\n(i) That such payments shall be held by the mortgagee, for the purpose of paying such items before they become delinquent.\n\n(ii) For adjustments in case such estimated amounts shall prove to be more, or less, than the actual amounts so paid therefor by the mortgagor.\n\n(c) The mortgagee to apply each mortgagor payment received to the following items in the order set forth:\n\n(1) Premium charges under the contract of mortgage insurance.\n\n(2) Ground rents, taxes, special assessments, and fire and other hazard insurance premiums.\n\n(3) Interest on the mortgage.\n\n(4) Amortization of the principal of the mortgage."], ["24:24:2.1.1.1.1.1.29.55", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.85 Covenant against liens.", "HUD", "", "", "", "(a) The mortgage shall contain a covenant against the creation by the mortgagor of liens against the property superior or inferior to the lien of the mortgage except for such inferior lien as may be approved by the Commissioner in accordance with provisions of \u00a7 200.71; and\n\n(b) A covenant against repayment of a Commissioner approved inferior lien from mortgage proceeds other than surplus cash or residual receipts, except in the case of an inferior lien created by an operating loss loan insured pursuant to section 223(d) of the Act, or a supplemental loan insured pursuant to section 241 of the Act."], ["24:24:2.1.1.1.1.1.29.56", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.86 Covenant for fire and other hazard insurance.", "HUD", "", "", "", "The mortgage shall contain a covenant binding the mortgagor to maintain fire and extended coverage insurance on the property in accordance with terms and conditions established by the Commissioner."], ["24:24:2.1.1.1.1.1.29.57", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.87 Mortgage prepayment.", "HUD", "", "", "", "(a)  Prepayment privilege.  Except as provided in paragraph (c) of this section or otherwise established by the Commissioner, the mortgage shall contain a provision permitting the mortgagor to prepay the mortgage in whole or in part upon any interest payment date, after giving the mortgagee 30 days' notice in writing in advance of its intention to so prepay.\n\n(b)  Prepayment charge.  The mortgage may contain a provision for such charge, in the event of prepayment of principal, as may be agreed upon between the mortgagor and the mortgagee, subject to the following:\n\n(1) The mortgagor shall be permitted to prepay up to 15 percent of the original principal amount of the mortgage in any one calendar year without any such charge.\n\n(2) Any reduction in the original principal amount of the mortgage resulting from the certification of cost which the Commissioner may require shall not be construed as a prepayment of the mortgage.\n\n(c)  Prepayment of bond-financed or GNMA securitized mortgages.  Where the mortgage is given to secure GNMA mortgage-backed securities or a loan made by a lender that has obtained the funds for the loan by the issuance and sale of bonds or bond anticipation notes, or both, the mortgage may contain a prepayment restriction and prepayment penalty charge acceptable to the Commissioner as to term, amount, and conditions.\n\n(d)  HUD override of prepayment restrictions.  In the event of a default, the Commissioner may override any lockout, prepayment penalty or combination thereof in order to facilitate a partial or full refinancing of the mortgaged property and avoid a claim."], ["24:24:2.1.1.1.1.1.29.58", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.88 Late charge.", "HUD", "", "", "[76 FR 24369, May 2, 2011]", "(a) The mortgage may provide for the collection by the mortgagee of a late charge in accordance with terms, conditions, and standards of the Commissioner for each dollar of each payment to interest or principal:\n\n(1) More than 10 days in arrears to cover the expense involved in handling delinquent payments;\n\n(2) For multifamily project mortgages for which HUD issued a firm commitment for mortgage insurance before September 1, 2011, and for multifamily project mortgages insured under section 232 of the Act (12 U.S.C. 1715w), more than 15 days in arrears to cover the expense involved in handling delinquent payments.\n\n(b) Late charges shall be separately charged to and collected from the mortgagor and shall not be deducted from any aggregate monthly payment."], ["24:24:2.1.1.1.1.1.30.59", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.95 Certification of cost requirements.", "HUD", "", "", "", "(a) Before initial endorsement of the mortgage for insurance, the mortgagor, the mortgagee, and the Commissioner shall enter into an agreement in form and content satisfactory to the Commissioner for the purpose of precluding any excess of mortgage proceeds over statutory limitations. Under this agreement, the mortgagor shall disclose its relationship with the builder, including any collateral agreement, and shall agree:\n\n(1) To enter into a construction contract, the terms of which shall depend on whether or not there exists an identity of interest between the mortgagor and the builder.\n\n(2) To execute a Certificate of Actual Costs, upon completion of all physical improvements on the mortgaged property.\n\n(3) To apply in reduction of the outstanding balance of the principal of the mortgage any excess of mortgage proceeds over statutory limitations based on actual cost.\n\n(b) The provisions of paragraph (a) of this section relating to disclosure and the requirement for a construction contract shall not apply where the mortgagor is the general contractor."], ["24:24:2.1.1.1.1.1.30.60", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.96 Certificates of actual cost.", "HUD", "", "", "", "(a) The mortgagor's certificate of actual cost, in a form prescribed by the Commissioner, shall be submitted upon completion of the physical improvements to the satisfaction of the Commissioner and before final endorsement, except that in the case of an existing project that does not require substantial rehabilitation and where the commitment provides for completion of specified repairs after endorsement, a supplemental certificate of actual cost will be submitted covering the completed costs of any such repairs. The certificate shall show the actual cost to the mortgagor, after deduction of any kickbacks, rebates, trade discounts, or other similar payments to the mortgagor, or to any of its officers, directors, stockholders, partners or other entity member ownership, of construction and other costs, as prescribed by the Commissioner.\n\n(b) The Certificate of Actual Cost shall be verified by an independent Certified Public Accountant or independent public accountant in a manner acceptable to the Commissioner.\n\n(c) Upon the Commissioner's approval of the mortgagor's certification of actual cost such certification shall be final and incontestable except for fraud or material misrepresentation on the part of the mortgagor."], ["24:24:2.1.1.1.1.1.30.61", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.97 Adjustments resulting from cost certification.", "HUD", "", "", "", "(a)  Fee simple site.  Upon receipt of the mortgagor's certification of actual cost there shall be added to the total amount thereof the Commissioner's estimate of the fair market value of any land included in the mortgage security and owned by the mortgagor in fee, such value being prior to the construction of the improvements.\n\n(b)  Leasehold site.  In the event the land is held under a leasehold or other interest less than a fee, the cost, if any, of acquiring the leasehold or other interest is considered an allowable expense which may be added to actual cost provided that in no event shall such amount be in excess of the fair market value of such leasehold or other interest exclusive of proposed improvements.\n\n(c)  Adjustment.  If the amount calculated in accordance with paragraphs (a) or (b) of this section exceeds the statutory dollar amount limits or loan ratio limits permitted by the section of Act under which the mortgage is to be insured, or program loan ratio limits established by the Commissioner in the absence of statutory limits, the amount must be reduced to the applicable limits before final endorsement."], ["24:24:2.1.1.1.1.1.31.62", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.100 Insurance endorsement.", "HUD", "", "", "", "The credit instrument shall be initially and finally endorsed simultaneously for insurance pursuant to a commitment to insure upon completion. Where the advances of construction funds are to be insured pursuant to a commitment for insured advances, initial endorsement of the credit instrument shall occur before any mortgage proceeds are insured and the time of final endorsement shall be as set forth in paragraph (b) of this section.\n\n(a)  Initial endorsement.  The Commissioner shall indicate the insurance of the mortgage by endorsing the original credit instrument and identifying the section of the Act and the regulations under which the mortgage is insured and the date of insurance.\n\n(b)  Final endorsement.  When all advances of mortgage proceeds have been made and all the terms and conditions of the commitment have been met to the Commissioner's satisfaction the Commissioner shall indicate on the original credit instrument the total of all advances approved for insurance and again endorse such instrument.\n\n(c)  Contract rights and obligations.  The Commissioner and the mortgagee or lender shall be bound from the date of initial endorsement, whether the initial and final endorsement occur simultaneously or are split, by the provisions of the Contract Rights and Obligations set forth in the respective regulations for each section of the Act, as follows: Section 207 of the Act (24 CFR part 207); Section 213 of the Act (24 CFR part 213); Section 220 of the Act (24 CFR part 220); Section 221 of the Act (24 CFR part 221); Section 231 of the Act (24 CFR part 231); Section 232 of the Act (24 CFR part 232); Section 234 of the Act (24 CFR part 234); Section 241 of the Act (24 CFR part 241); Section 242 of the Act (24 CFR part 242); title XI of the Act (24 CFR part 244)."], ["24:24:2.1.1.1.1.1.31.63", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.101 Mortgagor lien certificate.", "HUD", "", "", "", "The mortgagor shall certify at the final endorsement of the mortgage for insurance as to each of the following:\n\n(a) That the mortgage is the first lien upon and covers the entire project, including any equipment financed with mortgage proceeds.\n\n(b) That the property upon which the improvements have been made or constructed and the equipment financed with mortgage proceeds are free and clear of all liens other than the insured mortgage and such other liens as may be approved by the Commissioner.\n\n(c) That the certificate sets forth all unpaid obligations in connection with the mortgage transaction, the purchase of the mortgaged property, the construction or rehabilitation of the project or the purchase of the equipment financed with mortgage proceeds."], ["24:24:2.1.1.1.1.1.32.64", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.105 Mortgagor supervision.", "HUD", "", "", "[61 FR 14399, Apr. 1, 1996, as amended at 65 FR 61074, Oct. 13, 2000]", "(a) As long as the Commissioner is the insurer or holder of the mortgage, the Commissioner shall regulate the mortgagor by means of a regulatory agreement providing terms, conditions and standards established by the Commissioner, or by such other means as the Commissioner may prescribe.\n\n(b) The Commissioner may delegate to the mortgagee or other party the Commissioner's authority, in whole or in part, in accordance with the terms, conditions and standards established by the Commissioner in any executed Regulatory Agreement or other instrument granting the Commissioner supervision of the mortgagor."], ["24:24:2.1.1.1.1.1.32.65", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "A", "Subpart A\u2014Requirements for Application, Commitment, and Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects", "", "\u00a7 200.106 Projects with limited distribution mortgagors and program assistance.", "HUD", "", "", "[65 FR 61074, Oct. 13, 2000]", "(a)  Regulation as limited distribution mortgagors.  In addition to regulation under \u00a7 200.105, limited distribution mortgagors for projects receiving \u201cassistance within the jurisdiction of the Department\u201d (as defined in \u00a7 4.3 of this title) may be regulated by the Commissioner as to additional matters, by regulation or otherwise, including as to the amount of the permissible distribution to the mortgagor.\n\n(b)  Increased distributions.  The Commissioner may permit increased distributions of surplus cash, in excess of the amounts the Commissioner otherwise permits for limited distribution mortgagors, to a limited distribution mortgagor who participates in a HUD-approved initiative or program to preserve housing stock with below-market rents as affordable housing. The increased distribution will be limited to a maximum amount based on market rents and calculated according to HUD instructions. Funds that the mortgagor is authorized to retain under section 236(g)(2) of the National Housing Act are not considered distributions to the mortgagor.\n\n(c)  Pre-emption.  Any State or local law or regulation that restricts distributions to an amount lower than permitted by the Commissioner under authority of this section is preempted to the extent provided in section 524(f) of the Multifamily Assisted Housing Reform and Affordability Act of 1997."], ["24:24:2.1.1.1.1.11.37.1", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "M", "Subpart M\u2014Affirmative Fair Housing Marketing Regulations", "", "\u00a7 200.600 Purpose.", "HUD", "", "", "", "The purpose of this subpart is to set forth the Department's equal opportunity regulations for affirmative fair housing marketing under FHA subsidized and unsubsidized housing programs."], ["24:24:2.1.1.1.1.11.37.2", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "M", "Subpart M\u2014Affirmative Fair Housing Marketing Regulations", "", "\u00a7 200.605 Authority.", "HUD", "", "", "[40 FR 20080, May 8, 1975]", "The regulations in this subpart are issued pursuant to the authority to issue regulations granted to the Secretary by section 7(d) of the Department of Housing and Urban Development Act of 1965, 42 U.S.C. 3535(d), and implement the functions, powers, and duties imposed on the Secretary by Executive Order 11063, 27 FR 11527, and title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. 3608."], ["24:24:2.1.1.1.1.11.37.3", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "M", "Subpart M\u2014Affirmative Fair Housing Marketing Regulations", "", "\u00a7 200.610 Policy.", "HUD", "", "", "[40 FR 20080, May 8, 1975, as amended at 58 FR 41337, Aug. 3, 1993]", "It is the policy of the Department to administer its FHA housing programs affirmatively, as to achieve a condition in which individuals of similar income levels in the same housing market area have a like range of housing choices available to them regardless of their race, color, religion, sex, handicap, familial status or national origin. Each applicant for participation in FHA subsidized and unsubsidized housing programs shall pursue affirmative fair housing marketing policies in soliciting buyers and tenants, in determining their eligibility, and in concluding sales and rental transactions."], ["24:24:2.1.1.1.1.11.37.4", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "M", "Subpart M\u2014Affirmative Fair Housing Marketing Regulations", "", "\u00a7 200.615 Applicability.", "HUD", "", "", "[37 FR 75, Jan. 5, 1972, as amended at 50 FR 9268, Mar. 7, 1985; 58 FR 41337, Aug. 3, 1993]", "The affirmative fair housing marketing requirements, as set forth in paragraphs (a) through (f) of \u00a7 200.620, shall apply to all applicants for participation in FHA subsidized and unsubsidized housing programs whose application is hereafter approved for development or rehabilitation of:\n\n(a) Multifamily projects and manufactured home parks of five or more lots, units or spaces, and initial submissions by a lender for an application for mortgage insurance on a single family property, where the property is located in a subdivision and the builder or developer intends to sell five or more properties in the subdivision; or\n\n(b) Dwelling units, when the applicant's participation in FHA housing programs had exceeded or would thereby exceed development of five or more such dwelling units during the year preceding the application, except that there shall not be included in a determination of the number of dwelling units developed by an applicant those in which a single family dwelling is constructed or rehabilitated for occupancy by a mortgagor on property owned by the mortgagor and in which the applicant had no interest prior to entering into the contract for construction or rehabilitation."], ["24:24:2.1.1.1.1.11.37.5", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "M", "Subpart M\u2014Affirmative Fair Housing Marketing Regulations", "", "\u00a7 200.620 Requirements.", "HUD", "", "", "[37 FR 75, Jan. 5, 1972, as amended at 40 FR 20080, May 8, 1975; 40 FR 53008, Nov. 14, 1975; 58 FR 41337, Aug. 3, 1993]", "With respect to all FHA subsidized or unsubsidized programs in which the applicant hereafter participates (except for housing for which a conditional commitment has been issued prior to the effective date of these regulations), the applicant shall meet the following requirements or, if he contracts marketing responsibility to another party, be responsible for that party's carrying out the requirements:\n\n(a) Carry out an affirmative program to attract buyers or tenants, regardless of sex, handicap or familial status, of all minority and majority groups to the housing for initial sale or rental. An affirmative marketing program shall be in effect for each multifamily project throughout the life of the mortgage. Such a program shall typically involve publicizing to minority persons the availability of housing opportunities regardless of race, color, religion, sex, handicap or familial status or national origin, through the type of media customarily utilized by the applicant, including minority publications or other minority outlets which are available in the housing market area. All advertising shall include either the Department-approved Equal Housing Opportunity logo or slogan or statement and all advertising depicting persons shall depict persons of majority and minority groups, including both sexes.\n\n(b) Maintain a nondiscriminatory hiring policy in recruiting from both minority and majority groups, including both sexes and the handicapped, for staff engaged in the sale or rental of properties.\n\n(c) Instruct all employees and agents in writing and orally in the policy of nondiscrimination and fair housing.\n\n(d) Specifically solicit eligible buyers or tenants reported to the applicant by the Area or Insuring Office.\n\n(e) Prominently display in all offices in which sale or rental activity pertaining to the project or subdivision takes place the Department-approved Fair Housing Poster and include in any printed material used in connection with sales or rentals, the Department-approved Equal Housing Opportunity logo or slogan or statement.\n\n(f) Post in a conspicuous position on all FHA project sites a sign displaying prominently either the Department-approved Equal Housing Opportunity logo or slogan or statement."], ["24:24:2.1.1.1.1.11.37.6", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "M", "Subpart M\u2014Affirmative Fair Housing Marketing Regulations", "", "\u00a7 200.625 Affirmative fair housing marketing plan.", "HUD", "", "", "", "Each applicant for participation in FHA housing programs to which these regulations apply shall provide on a form to be supplied by the Department information indicating his affirmative fair housing marketing plan to comply with the requirements set forth in \u00a7 200.620. This form, once approved by HUD, will be available for public inspection at the sales or rental offices of the applicant."], ["24:24:2.1.1.1.1.11.37.7", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "M", "Subpart M\u2014Affirmative Fair Housing Marketing Regulations", "", "\u00a7 200.630 Notice of housing opportunities.", "HUD", "", "", "[58 FR 41337, Aug. 3, 1993]", "The Director of each Field Office shall prepare monthly a list of all projects covered by this subpart, and of all initial submissions by lenders for single family mortgage insurance where the property is located in a subdivision and the builder or developer intends to sell five or more properties in the subdivision, on which commitments have been issued during the preceding 30 days. The Director shall maintain a roster of interested organizations and individuals (including public agencies responsible for providing relocation assistance and local housing authorities) who have expressed a wish to receive the monthly list, and shall provide the list to these organizations and individuals."], ["24:24:2.1.1.1.1.11.37.8", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "M", "Subpart M\u2014Affirmative Fair Housing Marketing Regulations", "", "\u00a7 200.635 Compliance.", "HUD", "", "", "[37 FR 75, Jan. 5, 1972, as amended at 58 FR 41337, Aug. 3, 1993]", "Applicants failing to comply with the requirements of this subpart will make themselves liable to sanctions authorized by regulations, rules or policies governing the program pursuant to which the application was made, including but not limited to denial of further participation in departmental programs and referral to the Department of Justice for suit by the United States for injunctive or other appropriate relief. The Department will enforce compliance through the procedures outlined in 24 CFR part 108."], ["24:24:2.1.1.1.1.11.37.9", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "M", "Subpart M\u2014Affirmative Fair Housing Marketing Regulations", "", "\u00a7 200.640 Effect on other requirements.", "HUD", "", "", "[58 FR 41337, Aug. 3, 1993]", "The requirement for compliance with this part is in addition to, and not in substitution for, any other requirements imposed by or under Executive Order 11063 or the Fair Housing Act."], ["24:24:2.1.1.1.1.13.37.1", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "O", "Subpart O\u2014Lead-Based Paint Poisoning Prevention", "", "\u00a7 200.800 Lead-based paint.", "HUD", "", "", "", "The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, F, G, I, and R of this title, apply to activities under these programs, except for single family mortgage insurance and guarantee programs. Sections 200.805 and 200.810 apply to single family mortgage insurance and guarantee programs administered by HUD."], ["24:24:2.1.1.1.1.13.37.2", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "O", "Subpart O\u2014Lead-Based Paint Poisoning Prevention", "", "\u00a7 200.805 Definitions.", "HUD", "", "", "", "Applicable surface.  All intact and nonintact interior and exterior painted surfaces of a residential structure.\n\nDefective paint surface.  Paint on applicable surfaces that is cracking, scaling, chipping, peeling or loose.\n\nLead-based paint surface.  A paint surface, whether or not defective, identified as having a lead content greater than or equal to 1 mg/cm\n 2 ."], ["24:24:2.1.1.1.1.13.37.3", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "O", "Subpart O\u2014Lead-Based Paint Poisoning Prevention", "", "\u00a7 200.810 Single family insurance and coinsurance.", "HUD", "", "", "[64 FR 50224, Sept. 15, 1999, as amended at 69 FR 34275, June 21, 2004]", "(a)  General.  (1) The requirements of this section apply to any one-to four-family dwelling which was constructed before 1978 and is the subject of an application for mortgage insurance under section 203(b) or other sections of the National Housing Act relating to the insurance or coinsurance of mortgages on one-to-four-family dwellings. Such other sections include:\n\n(i) Section 244 (coinsurance);\n\n(ii) Section 213 (cooperative housing insurance);\n\n(iii) Section 220 (rehabilitation and neighborhood conservation housing insurance);\n\n(iv) Section 221 (housing for moderate income and displaced families);\n\n(v) Section 222 (mortgagor insurance for servicemen);\n\n(vi) Section 809 (armed services housing for civilian employees);\n\n(vii) Section 810 (armed services housing in impacted areas);\n\n(viii) Section 234 (mortgage insurance for condominiums);\n\n(ix) Section 235 (mortgage assistance payments for home ownership and project rehabilitation);\n\n(x) Section 237 (special mortgage insurance for low and moderate income families); and\n\n(xi) Section 240 (mortgage insurance on loans for purchase of fee simple title from lessors).\n\n(2) [Reserved]\n\n(3) Applications for insurance in connection with a refinancing transaction where an appraisal is not required under the applicable procedures established by the Commissioner are excluded from the coverage of this section. Any housing assisted under the programs set out in this section for which no new activity is applied for or required is not covered by this section.\n\n(b)  Appraisal.  The appraiser shall, when appraising a dwelling constructed prior to 1978, inspect the dwelling for defective paint surfaces.\n\n(c)  Treatment of defective paint surfaces.  For defective paint surfaces, treatment shall be provided to defective areas. Treatment of hazards shall consist of covering or removing defective paint surfaces. Covering may be accomplished by such means as adding a layer of wallboard to the wall surface. Depending on the wall condition, wallcoverings which are permanently attached may be used. Covering or replacing trim surfaces is also permitted. Paint removal may be accomplished by such methods as scraping, heat treatment (infra-red or coil type heat guns) or chemicals. Machine sanding and use of propane or gasoline torches (open-flame methods) are not permitted. Washing and repainting without thorough removal or covering does not constitute adequate treatment. In the case of defective paint spots, scraping and repainting the defective area is considered adequate treatment. Treatment of a defective paint surface is not required if such a surface is found to not be a lead-based paint surface by a lead-based paint inspector certified pursuant to procedures of the U.S. Environmental Protection Agency at 40 CFR part 745.\n\n(d)  Home equity conversion mortgage insurance.  The requirements of this section, as modified by the following sentence, apply to a dwelling which is the subject of an application for mortgage insurance under section 255 of the National Housing Act (home equity conversion insurance) unless the mortgagor provides the certification described in \u00a7 206.45(d) of this title. The defective paint surface may be treated after the mortgage is endorsed for insurance, provided that the defective paint surface is treated as expeditiously as possible in accordance with the repair work provisions contained in \u00a7 206.47 of this title."], ["24:24:2.1.1.1.1.14.37.1", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "P", "Subpart P\u2014Physical Condition of Multifamily Properties", "", "\u00a7 200.850 Physical condition standards and physical inspection requirements.", "HUD", "", "", "[88 FR 30498, May 11, 2023]", "The requirements in 24 CFR part 5, subpart G, are applicable to the multifamily properties assisted or insured that are listed in 24 CFR 5.701."], ["24:24:2.1.1.1.1.14.37.2", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "P", "Subpart P\u2014Physical Condition of Multifamily Properties", "", "\u00a7 200.853 [Reserved]", "HUD", "", "", "", ""], ["24:24:2.1.1.1.1.14.37.3", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "P", "Subpart P\u2014Physical Condition of Multifamily Properties", "", "\u00a7 200.855 [Reserved]", "HUD", "", "", "", ""], ["24:24:2.1.1.1.1.14.37.4", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "P", "Subpart P\u2014Physical Condition of Multifamily Properties", "", "\u00a7 200.857 [Reserved]", "HUD", "", "", "", ""], ["24:24:2.1.1.1.1.16.37.1", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.925 Applicability of minimum property standards.", "HUD", "", "", "[58 FR 60248, Nov. 15, 1993]", "All housing constructed under HUD mortgage insurance and low-rent public housing programs shall meet or exceed HUD Minimum Property Standards, except that this requirement shall be applicable to manufactured homes eligible for insurance pursuant to \u00a7 203.43f of this chapter only to the extent provided therein. The Minimum Property Standards may be waived to the same extent as the other regulatory requirements for eligibility for insurance under the specific mortgage insurance program involved."], ["24:24:2.1.1.1.1.16.37.10", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.926e Supplemental information for use with the CABO One and Two Family Dwelling Code.", "HUD", "", "", "[50 FR 39599, Sept. 27, 1985, as amended at 59 FR 36695, July 19, 1994]", "The following shall be used in Table No. R-202, Climatic and Geographic Design Criteria of the CABO One and Two Family Dwelling Code.\n\n(a)  Roof live loads.\n\nRoof slope 3 in 12 or less: 20 psf \n \n Roof slope over 3 in 12: 15 psf \n \n Roof used as deck: 40 psf\n\nRoof slope 3 in 12 or less: 20 psf\n\nRoof slope over 3 in 12: 15 psf\n\nRoof used as deck: 40 psf\n\n(b)  Roof snow load.  The roof snow load shall be in accordance with section 7 of ASCE 7-88.\n\n(c)  Wind pressures.  The minimum Design Wind Pressures (net pressures) set forth below apply to areas designated as experiencing basic wind speeds up to and including 80 mph, as shown in ASCE 7-88, Figure 1, Basic Wind Speed Map. These pressures also apply to buildings not over 30 ft. in height above finish grade, assuming exposure C or defined in ASCE 7-88.\n\n(1)  Minimum design wind pressure criteria.  (i) Buildings (for overturning racking or sliding); p = 20 psf.\n\n(ii) Chimneys, p = 30 psf.\n\n(iii) Exterior walls, p = 15 psf inward or outward. Local pressure at corners of walls shall be not less than p = 30 psf outward. These local pressures shall not be included with the design pressure when computing overall loads. The pressures shall be applied perpendicularly outward on strips of width equal to 10 percent of the least width of building.\n\n(iv) Partitions, p = 10 psf.\n\n(v) Windows, p = 20 psf inward or outward.\n\n(vi) Roof, p = 20 psf inward or outward.\n\nRoofs with slopes greater than 6 in 12 shall be designed to withstand pressures acting inward normal to the surface, equal to the design wind pressure for exterior walls. Overhanging eaves, cornices, and ridges, 40 psf upward normal to roof surface. These local pressures shall not be included with the design pressure when computing overall loads. The pressures shall be applied perpendicularly outward on strips of width equal to 10 percent of the least width of building. Net uplift on horizontal projection of roof shall not be less than 12 psf.\n\n(2)  Severe wind design pressures.  If the construction is higher than 30 ft., or if it is located in an area experiencing wind speeds greater than 80 mph, higher design wind pressures than shown above are required. Use Section 6 of ASCE 7-88 for higher criteria and for determining where wind speeds greater than 80 mph occur. Pressures are assumed to act horizontally on the gross area of the vertical projection of the structure except as noted for roof design.\n\n(d) Seismic conditions shall be in accordance with Section 9 of ASCE 7-88.\n\n(e)  Subject to damage from: weathering.  A jurisdiction's weathering region shall be as established by the map in ASTM C 62-83.\n\n(f)  Subject to damage from: frost line depth.  Exterior wall footings or foundation walls including those of accessory buildings shall extend a minimum of 6 in. below the finished grade and, where applicable, the prevailing frost line.\n\n(g)  Subject to damage from: termites.  \u201cYes\u201d shall be used in locations designated as Regions I, II or III. \u201cNo\u201d shall be used in locations designated as Region IV. The map for Termite Infestation Probability in appendix A of CABO, One and Two Family Dwelling Code shall be used to determine the jurisdiction's region.\n\n(h)  Subject to damage from: decay.  \u201cYes\u201d shall be used in locations designated as moderate to severe and slight to moderate. \u201cNo\u201d shall be used in locations designated as none to slight. The Decay Probability map in appendix A of CABO, One and Two Family Dwelling Code shall be used to determine the jurisdiction's decay designation."], ["24:24:2.1.1.1.1.16.37.11", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.927 Incorporation by reference of minimum property standards.", "HUD", "", "", "[50 FR 39592, Sept. 29, 1985]", "The Minimum Property Standards as contained in the handbooks identified in \u00a7 200.929(b) are incorporated by reference into this section as though set forth in full in accordance with 5 U.S.C. 552(a) and 1 CFR part 51."], ["24:24:2.1.1.1.1.16.37.12", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.929 Description and identification of minimum property standards.", "HUD", "", "", "[39 FR 26895, July 24, 1974, as amended at 42 FR 33890, July 1, 1977; 47 FR 29524, July 7, 1982; 47 FR 35761, Aug. 17, 1982; 49 FR 18695, May 1, 1984; 50 FR 39592, Sept. 29, 1985; 51 FR 28699, Aug. 11, 1986; 58 FR 60250, Nov. 15, 1993; 63 FR 5423, Feb. 2, 1998]", "(a)  Description.  The Minimum Property Standards describe physical standards for housing. They are intended to provide a sound basis for determining the acceptability of housing built under the HUD mortgage insurance and low-rent public housing programs. The Minimum Property Standards refer to material standards developed by industry and accepted by HUD. In addition, under Section 521 of the National Housing Act, HUD adopts its own technical suitability standards for materials and products for which there are no industry standards acceptable to HUD. These standards are contained in Use of Materials Bulletins that apply to products and methods and Materials Releases that apply to specific materials. Use of Materials Bulletins and Materials Releases are addenda to the Minimum Property Standards. Unless otherwise stated, the current edition, issue, or version of each of these documents, as available from its source, is applicable to this subpart S. A list of the Use of Materials Bulletins, Materials Releases, and MPS Appendix listing the applicable referenced Standards may be obtained from the Construction Standards Division, Office of Manufactured Housing and Construction Standards, room 6170 Department of Housing and Urban Development, 451 7th Street, SW, Washington, DC 20410.\n\n(b)  Identification.  The Minimum Property Standards have been published as described below:\n\n(1) MPS for One and Two Family Dwellings.  See  \u00a7\u00a7 200.926, 200.926 (a) through (e).\n\n(2) MPS for Housing 4910.1, 1994 edition. This volume applies to buildings and sites designed and used for normal multifamily occupancy, including both unsubsidized and subsidized insured housing, and to care-type housing insured under the National Housing Act. It also includes, in Appendix K, a reprint of the MPS for One and Two Family Dwellings identified in paragraph (b)(1) of this section."], ["24:24:2.1.1.1.1.16.37.13", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.929a Fair Housing Accessibility Guidelines.", "HUD", "", "", "[58 FR 60250, Nov. 15, 1993]", "Builders and developers may use the Department's Fair Housing Accessibility Guideline when designing or constructing covered multifamily dwelling units in order to comply with the Fair Housing Act. The Guidelines may be found in the 24 CFR Chapter I, Subchapter A, Appendix II, titled Fair Housing Accessibility Guidelines\u2014Design Guidelines for Accessible/Adaptable Dwellings."], ["24:24:2.1.1.1.1.16.37.14", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.931 Statement of availability.", "HUD", "", "", "[63 FR 5423, Feb. 2, 1998]", "(a) Updated copies of the Minimum Property Standards and Use of Materials Bulletins are available for public examination in the Office of Consumer and Regulatory Affairs, Department of Housing and Urban Development, room 9156, 451 Seventh St. SW., Washington, D.C. 20410-8000. In addition, copies of volumes 1, 2, and 3 of the Minimum Property Standards may be purchased from the U.S. Government Printing Office, Washington, D.C. 20402.\n\n(b) Publications approved by the Director of the Federal Register for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html."], ["24:24:2.1.1.1.1.16.37.15", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.933 Changes in minimum property standards.", "HUD", "", "", "[39 FR 26895, July 24, 1974, as amended at 58 FR 60250, Nov. 15, 1993]", "Changes in the Minimum Property Standards will generally be made every three years. Changes will be made in accordance with HUD policy for the adoption of rules and regulations set forth in part 10 of this title. Notice of such changes will be published in the  Federal Register.  As the changes are made, they will be incorporated into the volumes of the Minimum Property Standards to which they apply. The volumes available for public examination and for purchase will contain all changes up to the date of examination or purchase. An official, historic file of such changes will be available in the office of the Rules Docket Clerk in the HUD Central Office in Washington, DC, and in each HUD Regional, Area, and Insuring Office. A similar copy of the standards will also be maintained in the Office of the Federal Register, Washington, DC."], ["24:24:2.1.1.1.1.16.37.16", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.934 User fee system for the technical suitability of products program.", "HUD", "", "", "[49 FR 31856, Aug. 9, 1984, as amended at 58 FR 60250, Nov. 15, 1993]", "(a)  General.  This section establishes fee requirements for the issuance of Structural Engineering Bulletins (SEBs), Mechanical Engineering Bulletins (MEBs), Truss Connector Bulletins (TCBs), Area Letters of Acceptance (ALAs), Materials Releases (MRs), and review of program administrator applications submitted pursuant to \u00a7 200.935 of this title.\n\n(b)  Filing address \u2014(1)  Applications containing payment.  When applications for or correspondence concerning SEBs, MEBs, TCBs, MRs, or program administrator approval contain payment, such applications or correspondence shall be sent to the following address:\n\nU.S. Department of Housing and Urban Development, Technical Suitability of Product Fees, P.O. Box 954199, St. Louis, MO. 63195-4199.\n\nU.S. Department of Housing and Urban Development, Technical Suitability of Product Fees, P.O. Box 954199, St. Louis, MO. 63195-4199.\n\n(2)  Other correspondence.  All other correspondence concerning SEBs, MEBs, TCBs, MRs, and program administrator acceptance shall be sent to the following address:\n\nManufactured Housing and Construction Standards Division, Department of Housing and Urban Development, 451 Seventh Street, SW., Attn: Mail Room B-133, Washington, DC 20410.\n\nManufactured Housing and Construction Standards Division, Department of Housing and Urban Development, 451 Seventh Street, SW., Attn: Mail Room B-133, Washington, DC 20410.\n\n(3)  Application for ALAs.  Applications for or correspondence concerning ALAs shall be submitted to the Housing Division of the field office having jurisdiction over the area in which the production facility of the system is located, except that applications containing payment shall be addressed to the attention of the Collection Officer for deposit to Account No. 86-09-0300.\n\n(c)  Fees.  Applicants for renewal and applicants for acceptance as program administrators under \u00a7 200.935 of this title shall include the entire processing fee with the application. All other applicants shall submit one half of the required processing fee with each application. The applicant shall pay the balance when the draft issuance is returned to HUD with the applicant's concurrence signature. The Department will not prepare a final document for printing and distribution until it has received the full processing fee. From time to time, as may be necessary, the Department will establish and amend the fee schedule by publication of a Notice in the  Federal Register.\n\n(d)  Initial application and review \u2014(1)  Content of applications.  Each application shall include only one item. All applications will be promptly processed on receipt by the Department.\n\n(i) With respect to Mechanical Engineering Bulletins (MEBs), Structural Engineering Bulletins (SEBs), Truss Connector Bulletins (TCBs), and Area Letters of Acceptance (ALAs), each structural design shall constitute a different item.\n\n(ii) With respect to Materials Releases (MRs), each product or system shall constitute a different item.\n\n(2)  Revisions.  A recipient of a technical suitability document issued by the Department may apply for revision of that document at any time. The revision may be in the form of an amendment of or supplement to the document, for which the recipient will be charged the applicable revision fee. However, where the Department determines that a proposed revision constitutes a different item, the schedule of fees for initial applications shall apply.\n\n(3)  Renewals.  Each issuance shall be valid for a period of three years from the date of initial issuance or most recent renewal, whichever is later. An applicant shall submit an application for renewal with the entire required fee three months before the expiration of the three-year period. Failure to submit a timely renewal application along with the required fee shall constitute a basis for cancellation of the issuance.\n\n(4)  Initial and revision applications requiring further study or additional data.  In its discretion, the Department may request an applicant to submit additional data or to conduct further study to supplement or clarify an initial application or an application for revision of a previously issued technical suitability document. If the applicant fails to comply with the Department's request within ninety days of the date of that request or within such longer time as may be specified by the Secretary, the Department will return the application to the applicant. The Department will not refund any fees paid toward an application returned under this paragraph. The application will be considered further only if it is resubmitted along with payment of the full fee as required by these regulations.\n\n(5)  Ineligible applications.  If the Secretary determines that an application or request will not be considered because it is not eligible for issuance of a technical suitability document, the Department will promptly return the application or request, refund any fees paid, and explain why the application or request is ineligible.\n\n(6)  Cancellation of a technical suitability document.  If the Department determines that (i) the conditions under which a technical suitability document was issued have so changed as to affect the production of, or to compromise the integrity of, the material, product, or system approved thereby, or (ii) that the producer has changed its organizational form without notifying HUD, or (iii) that the producer is not complying with the responsibilities it assumed as a condition of HUD's acceptance of its material, product or system, the Department will notify the producer or manufacturer that the technical suitability document may be cancelled. However, before cancelling a technical suitability document, the Department will give the manufacturer reasonable notice in writing of the specific reasons therefore and an opportunity to present its views on why the technical suitability document should not be cancelled. No refund of fees will be made on a cancelled document.\n\n(e)  Identification.  (1) Applications for issuance of a MEB, SEB, TCB, or MR submitted to HUD Headquarters will be identified with a case number. The applicant will be notified of the case number when receipt of the application is acknowledged. Thereafter, the case number will be used on all correspondence relating to the application. When a final draft of a new document is prepared for publication and distribution, a bulletin or release number will be assigned to the new issuance.\n\n(2) In the case of an application for an ALA submitted to a field office, the application will be processed in accordance with the identification and processing procedures established by the responsible field office. The field office will notify the applicant of receipt of the application and inform the applicant of the procedures that will be followed with respect to the issuance of an ALA."], ["24:24:2.1.1.1.1.16.37.17", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.935 Administrator qualifications and procedures for HUD building products certification programs.", "HUD", "", "", "[44 FR 54656, Sept. 20, 1979, as amended at 63 FR 5423, Feb. 2, 1998; 72 FR 73494, Dec. 27, 2007]", "(a)  General.  This section establishes administrator qualifications and procedures for the HUD Building Products Certification Programs under section 521 of the National Housing Act and the HUD Minimum Property Standards. Under these programs organizations acceptable to HUD validate manufacturers' certifications that certain building products or materials meet applicable standards. HUD may decide to implement a certification program for a particular building product or material for a variety of reasons, such as when deemed necessary by HUD to facilitate the introduction of new and innovative products or materials; or in response to reports of fraud or misrepresentation by manufacturers in advertising that their product or materials comply with a standard.\n\n(b)  Definitions \u2014(1)  Certification program (\u201cprogram\u201d).  The procedure under which accepted administrators validate manufacturers' certifications that particular building products or materials meet applicable HUD standards. A separate program is used to validate certifications for each particular product or material for which HUD requires certifications.\n\n(2)  Program administrator (\u201cadministrator\u201d).  An organization which conducts the program validating the manufacturer's certification that a particular building product or material meets applicable HUD standards.\n\n(c)  Administrator qualifications and application procedures \u2014(1)  Qualifications.  Each program administrator shall be capable of conducting a certification program with respect to organization, staff and facilities, and have a reputation for adhering to high ethical standards. To be considered acceptable for conducting a certification program, each administrator shall:\n\n(i) Be a technically qualified organization with past experience in the administration of certification programs. The certification program(s) shall be under the supervision of a qualified professional with six years of experience in interpreting testing standards, test methods, evaluating test reports and quality control programs. Each administrator is responsible for staffing the program with qualified professional personnel with experience in interpreting testing standards, test methods, evaluating test reports and quality control programs. The staff shall be adequate to service all aspects of the program.\n\n(ii) Have field inspectors trained to make selections of materials for testing from manufacturer's stock or from distributors' establishments and to conduct product compliance inspections. Such inspectors must be trained and experienced in evaluating manufacturer's quality control records to ascertain with a reasonable degree of assurance that continuing production remains in compliance with the applicable standard set forth in the Use of Materials (UM) Bulletin. When inspectors are used to evaluate laboratory operations, they shall be qualified and under the supervision of the administrator. They shall be knowledgeable in such areas as test methods, quality control, testing techniques, and instrument calibration.\n\n(iii) Have facilities and capabilities for communications with manufacturers, laboratories, and HUD, including publication of a directory of certified products and a list of accredited laboratories, if required by the program.\n\n(iv) Have adequate policies and practices for preserving information entrusted to its care. HUD reserves the right to review all technical records related to the program for the purpose of monitoring.\n\n(v) Have a copy of all applicable standards, test methods and related information necessary to carry out the program.\n\n(vi) Have a registered or pending certification mark at the United States Patent Office and be willing to license, on a uniform basis, the use of that mark by manufacturers as a validation of the manufacturer's certification that the product complies with the applicable standard.\n\n(2)  Applications procedures.  Any organization desiring HUD acceptance as a qualified administrator to conduct a certification program shall make application in writing to the Director, Office of Architecture and Engineering Standards. The application shall state the particular certification program for which acceptance is requested and include information indicating compliance with each of the qualification requirements by number and subsection. Attached to the application shall be:\n\n(i) A list of certification programs in which the organization is participating or has participated and the types of participation (sponsor, administrator, testing laboratory, etc.).\n\n(ii) A procedural guide used in one of these programs.\n\n(iii) A directory or listing used in one of these programs.\n\n(iv) A reproduction or facsimile of the organization's registered or pending mark.\n\n(v) A proposed procedural guide for the particular certification program. HUD certification program procedures described in paragraph (d) of this section shall be followed.\n\n(3)  Acceptance.  HUD shall review each submission and notify the applicant whether or not they are accepted or rejected. HUD shall be notified immediately of any change(s) in the administrator's submission regarding program procedures and/or major personnel associated with the program. HUD reserves the right to suspend or debar an administrator in accordance with 2 CFR part 2424.\n\n(d)  HUD building products certification procedures \u2014(1)  Certification program development.  Certification program development by an administrator shall be based upon the procedures and standards for the specific building product described in a Use of Materials Bulletin or a Materials Release.\n\n(2)  License agreement.  Each administrator shall have a written license agreement with each participating manufacturer binding each to the provisions of the specific program and authorizing the manufacturer to use the administrator's mark, seal, or label on its products. The administrator shall have the right to terminate any agreement prior to an expiration date, for example, if there has been a breach of the requirement of the certification program by the manufacturer.\n\n(3)  Laboratory approval.  The administrator shall review laboratories that apply for participation in this program on the basis of the procedures described in paragraph (e) of this section. A list of approved laboratories shall be maintained by the administrator. When the certification program allows the use of the administrator's testing laboratories, the laboratories shall be reviewed by a qualified party acceptable to HUD. As accreditation procedures are made available through the National Voluntary Laboratory Accreditation Program (NVLAP) for specific products, HUD may require such accreditation.\n\n(4)  Initial testing and quality control review \u2014(i)  Initial testing.  Each participating manufacturer shall submit to the appropriate administrator, the product(s) specification and statement(s) that the product complies with the applicable standard. The administrator shall select samples of the product(s), or when HUD specifies as acceptable, a prototype. The particular method of sample selection shall be determined by HUD for each specific product certification program. Other methods of initial sample selection may be used if deemed necessary. If a failure occurs on the initial tests, additional sampling and testing may be done at the manufacturer's request. The administrator's validation of the manufacturer's declaration of certification shall be withheld until a finding of compliance is achieved.\n\n(ii)  Quality assurance system review.  (A) Each administrator shall examine a participating manufacturer's facilities and quality assurance system procedures to determine that they are adequate to assure continuing production of the product that complies with the applicable standard. These quality assurance system procedures shall be documented in the administrator's and the manufacturer's files. If a manufacturer's quality assurance system is not satisfactory to the administrator, validation of the manufacturer's declaration of certification shall be withheld. The following American Society for Quality Control (ASQC) standards, which are incorporated by reference, may be used as guidelines in any quality assurance review:\n\n( 1 ) ASQC Q9000-1-1994 Quality Management and Quality Assurance Standards Guidelines for Selection and Use;\n\n( 2 ) ASQC Q9001-1994 Quality Systems\u2014Model for Quality Assurance in Design, Development, Production, Installation, and Servicing;\n\n( 3 ) ASQC Q9002-1994 Quality Systems\u2014Model for Quality Assurance in Production, Installation, and Servicing;\n\n( 4 ) ASQC Q9003-1994 Quality Systems\u2014Model for Quality Assurance in Final Inspection and Test;\n\n( 5 ) ASQC Q9004-1-1994 Quality Management and Quality System Elements-Guidelines.\n\n(B) These standards have been approved by the Director of the Federal Register for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. They are available from the American Society for Quality Control (ASQC), 611 East Wisconsin Avenue, Milwaukee, WI 53202.\n\n(5)  Notice of validation.  When initial testing, quality control review, and evaluation of other technical data are satisfactory to the administrator, a Notice of Validation or Certification shall be issued to the manufacturer. This allows the use of the administrator's registered mark on the product label.\n\n(6)  Labeling.  Each administrator shall issue to the manufacturer labels, tags, marks containing the administrator's validation mark, and the manufacturer's certification of compliance with the applicable standard. The registered administrator's (validator's) mark shall be on the label. A sponsor's (association, testing agencies, society or others) mark may be used in addition to the administrator's mark. The manufacturer's certification of compliance to the standard may be coded. Additional information such as type, grade, class, etc., may also be coded. When coding is used, the code shall be described in the directory or listing.\n\n(7)  Directory or listing.  When required by the program, the administrator shall publish a directory or listing for all certified products. The directory shall list the items described in paragraph (d)(6) of this section. The directly shall also carry a complete list of approved laboratories and shall be updated to reflect additions or deletions of certified products and laboratories. Directories or listings shall be published periodically as described in the specific program. Each administrator shall make a complimentary distribution of the directory or listing to the HUD Field Offices and other government agencies designated by HUD. A subscription fee may be charged to others requesting copies.\n\n(8)  Periodic tests and quality control inspections.  Samples of the certified product or prototype shall be selected periodically from the plant, warehouse inventory or sales points. The samples shall be sent to an administrator-approved laboratory and tested in accordance with the applicable standard. The frequency of testing shall be described in the specific building product program. The administrator shall periodically visit the manufacturer's facility to assure that the initially accepted quality control procedures are being followed.\n\n(9)  Product decertification.  If a failure should occur in any test, the laboratory shall notify the administrator and the manufacturer. The manufacturer shall notify the administrator if a retest if requested. If a retest is not requested, validation shall be withdrawn. If the manufacturer requests a retest, the administrator shall select new samples and submit them to the same or another laboratory at the manufacturer's expense, for retest of only the test requirement(s) in which the failure(s) occurred. If the specified number of specimens pass the retest, the product can continue to be validated and listed. If the designated number of specimens described in the UM Bulletin fail, the administrator shall decertify the product. The manufacturer may request that a new selection be made of the product after correction or modifications and be subjected to the initial acceptance testing procedure or to a program of retesting established by the administrator. The administrator may decertify the product on the basis of inadequate quality control by the manufacturer. The administrator shall notify the manufacturer, HUD headquarters and the HUD Field Offices of any decertification within 7 days. When the product is decertified the manufacturer shall remove labels, tags or marks from all production and inventory in his/her control determined to be in noncompliance.\n\n(10)  Challenge response.  Any person or organization may submit a sample of a manufacturer's certified product to the administrator in substantiation of a claim of noncompliance. Submission shall be made to the administrator that validated the manufacturer's product. The administrator shall notify the manufacturer that its product has been challenged and shall make arrangements to obtain test samples of the challenged product. An estimate of the cost of the special sample selection and testing shall be made to the complainant. The complainant shall pay the estimated cost of the investigation in advance of any testing of the challenged product, unless HUD believes the complaint to be in the public's interest. HUD may conduct its own investigation when deemed necessary based upon a complaint or a product failure. The administrator shall submit the sample of the challenged product to an approved laboratory of the administrator's choice with the request to test compliance of only the challenged requirement(s). If the samples tested prove that the product failed to meet the standard, the product shall be decertified immediately. The manufacturer whose product is decertified shall reimburse the administrator for all costs of the investigation and the administrator shall refund the complainant's advance payment. If the tests prove that the product does comply with the standard, the complainant shall be notified that the tests do not support the complaint and that the advance fee has been used for the cost of testing and investigating the claim.\n\n(11)  Maintenance of the program.  Each administrator shall maintain the program in conformance with administrative letters issued by HUD for the purpose of clarifying procedures and interpreting the applicable standard. These letters may also be used to revise and amend the procedures used in specific programs. Significant changes in any program shall be published in the  Federal Register.\n\n(e)  Laboratory qualifications.  The following laboratory qualifications apply to all testing laboratories participating in the program including manufacturer's laboratories and the administrator's own laboratories when designated in the specific program.\n\n(1)  Organization and personnel.  Laboratories wishing to participate in a certification program shall apply to the administrator and shall furnish the following information:\n\n(i) Name of laboratory, address, telephone number, name and title of official to be contacted for this program.\n\n(ii) Name and qualifications of person assigned by the laboratory to supervise testing under a specific certification program.\n\n(iii) Name and qualifications of engineers and other key personnel who shall conduct the testing.\n\n(iv) Brief review of training program for personnel associated with program to assure the operational efficiency and uniformity of the testing and quality control procedures.\n\nEach laboratory shall notify the administrator of any change in its submission regarding procedures and/or major personnel associated with the program.\n\n(2)  Equipment and facilities.  Each laboratory shall:\n\n(i) Describe the test instruments and testing facilities to be used in making the test(s) required by the applicable standard. Information shall include: Item of equipment, manufacturer, type or model, serial number, range, precision, frequency of calibration and dates of calibration.\n\n(ii) Provide photographs of the listed equipment.\n\n(iii) Provide a description of the applicable standards and calibration equipment being used and the calibration procedures followed, including National Bureau of Standards traceability, when applicable. List outside organizations providing calibration services, if used.\n\n(iv) Demonstrate that measurements can be made with existing equipment and repeated precision within the limits established by the applicable standards. Administrator may periodically require laboratories to conduct collaborative testing on standard reference materials.\n\n(v) Provide evidence, when regulated temperatures and humidity are required, that charts are maintained from a continuous recorder registering both wet and dry bulb temperature or relative humidity. The charts are to be properly dated, retained and available for inspection.\n\n(vi) Provide a list of standards, test methods and other information necessary to carry out the program.\n\n(3)  Testing methodology.  (i) Describe concisely the procedures for conducting the tests required and the specific equipment to be used.\n\n(ii) Attach a sample test report showing representative test results and accompanied by test data forms for each test required. When approved for program participation, testing laboratories may be required by administrator to report test results on standard summary report forms.\n\n(4)  Subcontractors.  If a testing laboratory plans to subcontract any of its testing to other laboratories, only approved laboratories acceptable to the administrator shall be used.\n\n(5)  Laboratory quality control.  The laboratory shall develop operating quality control procedures acceptable to the administrator. The procedures of the American Council of Independent Laboratories \n 1 \n   may be used as a guideline.\n\n1  Copies are available from the American Council of Independent Laboratories, Inc., 1725 \u201cK\u201d Street, NW., Washington, DC 20006.\n\n(6)  Approval of laboratories.  Administrators shall develop detailed laboratory approval requirements and conduct periodic inspections to assure each test laboratory's capability. Laboratory approval may be granted for 2 years. Reapproval of the laboratory shall be necessary every 2 years. When a program allows the use of an administrator's own laboratories, these laboratories shall be reviewed by a qualified third party acceptable to HUD. Documentation of acceptance for administrator laboratories shall be maintained by the administrator and HUD. Administrator laboratories shall be subject to reapproval every two years.\n\n(7)  Withdrawal of approval.  Laboratory approval shall be withdrawn or temporarily suspended if it is determined that the laboratory is not complying with the approved requirements. Causes for suspension include, but are not limited to, the following:\n\n(i) Incompetence.\n\n(ii) Failure to test in accordance with the test methods described in the standard.\n\n(iii) Issuance of test reports which fail to comply with the requirements described in the specific product certification program.\n\n(iv) Falsification of the information reported.\n\n(v) A statement implying validation of the product using a test report which constitutes only part of the total standard.\n\n(vi) Deceptively utilizing references in advertising or other promotional activities.\n\n(vii) Submission of incomplete or inadequate information and documentation called for herein."], ["24:24:2.1.1.1.1.16.37.18", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.936 Supplementary specific procedural requirements under HUD building products certification program for solid fuel type room heaters and fireplace stoves.", "HUD", "", "", "[48 FR 1955, Jan. 17, 1983]", "(a)  Applicable standards.  Solid fuel type room heaters and fireplace stoves certified under the HUD Building Products Certification Program shall be designed, assembled and tested in conformance with the following standards, which are incorporated by reference:\n\n(1) ANSI/UL 737 (1978), for fireplace stoves;\n\n(2) ANSI/UL 1482 (1979), for solid fuel type room heaters with coal amendments.\n\n(b)  Labelling.  (1) Under the procedures set forth in paragraph (d)(6) of \u00a7 200.935, concerning labelling of a product, the administrator's validation mark and the manufacturer's certification of compliance with the applicable standards are required to be on the certification label issued by the administrator to the manufacturer. In the case of solid fuel type room heaters and fireplace stoves, the following additional information must be included on the certification label:\n\n(i) The manufacturer's statement of conformance to the HUD Building Products Certification Program;\n\n(ii) The manufacturer's name and the identity and location of manufacturing plant;\n\n(iii) The specification designation and manufacturer series or model number; and\n\n(iv) The type of fuel to be used.\n\n(2) The certification label must be permanently affixed to the heater or stove and be readily visible after the heater or stove is installed.\n\n(c)  Periodic tests and quality control inspections.  Under the procedures set forth in paragraph (d)(8) of \u00a7 200.935, concerning periodic tests and quality control inspections, the frequency of testing for a product must be described in the specific building product certification program. In the case of solid fuel type room heaters and fireplace stoves, testing and inspection shall be conducted as follows:\n\n(1) Once every four years, beginning with the initial administrator visit, a sample of each certified product shall be selected by the administrator for testing for compliance with the applicable standards in a laboratory which has been accredited under the National Voluntary Laboratory Accreditation Program.\n\n(2) The administrator shall visit the manufacturer's facility two times a year to assure that the initially accepted quality control procedures are being followed."], ["24:24:2.1.1.1.1.16.37.19", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.937 Supplementary specific procedural requirements under HUD building product standards and certification program for plastic bathtub units, plastic shower receptors and stalls, plastic lavatories, plastic water closet bowls and tanks.", "HUD", "", "", "[49 FR 378, Jan. 4, 1984, as amended at 59 FR 36695, July 19, 1994]", "(a)  Applicable standards.  (1) Plastic bathtub units, plastic shower receptors and stalls, plastic lavatories, and plastic water closet bowls and tanks shall be designed, assembled and tested in compliance with the following standards, which are incorporated by reference:\n\nANSI Z124.1\u2014(1980) Plastic Bathtub Units \n \n ANSI Z124.2\u2014(1980) Plastic Shower Receptors and Stalls \n \n ANSI Z124.3\u2014(1980) Plastic Lavatories \n \n ANSI Z124.4\u2014(1983) Plastic Water Closet Bowls and Tanks\n\nANSI Z124.1\u2014(1980) Plastic Bathtub Units\n\nANSI Z124.2\u2014(1980) Plastic Shower Receptors and Stalls\n\nANSI Z124.3\u2014(1980) Plastic Lavatories\n\nANSI Z124.4\u2014(1983) Plastic Water Closet Bowls and Tanks\n\n(2) These standards have been approved by the Director of the Federal Register for incorporation by reference. They are available from the American National Standards Institute, Inc., 11 West 42nd Street, New York, NY 10036. The standards are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(b)  Labeling.  (1) Under the procedures set forth in paragraph (d)(6) of \u00a7 200.935, concerning labeling of a product, the administrator's validation mark and the manufacturer's certification of compliance with the applicable standards are required to be on the certification label issued by the administrator to the manufacturer. In the case of plastic bathtub units, plastic shower receptors and stalls, plastic lavatories, and plastic water closet bowls and tanks, the following additional information shall be included on the certification label:\n\n(i) Manufacturer's statement of conformance to UM 73a;\n\n(ii) Manufacturer's name and code identifying the plant location.\n\n(2) The certification label shall be affixed to each plastic bathroom fixture.\n\n(c)  Periodic tests and quality control inspections.  Under the procedures set forth in paragraph (d)(8) of \u00a7 200.935, concerning periodic tests and quality control inspections, the frequency of testing for a product shall be described in the specific building product certification program. In the case of plastic bathroom fixtures, testing and inspection shall be conducted as follows:\n\n(1) At least every six months, the administrator shall visit the manufacturer's facility to select a sample of each certified plastic bathtub unit, plastic shower receptor and stall, plastic water closet bowl and tank for testing in an approved laboratory, in accordance with applicable standards.\n\n(2) At least every twelve months, the administrator shall visit the manufacturer's facility to select a sample of each certified plastic lavatory for testing in accordance with applicable standards.\n\n(3) The administrator shall also review quality control procedures at each visit to determine that they continue to be followed."], ["24:24:2.1.1.1.1.16.37.2", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.925a Multifamily and care-type minimum property standards.", "HUD", "", "", "[49 FR 18695, May 1, 1984, as amended at 51 FR 28699, Aug. 11, 1986; 58 FR 60248, Nov. 15, 1993; 59 FR 36695, July 19, 1994]", "(a)  Construction standards.  Multifamily or care-type properties shall comply with the minimum property standards contained in the handbook identified in \u00a7 200.929(b)(2). In addition, each such property shall, for the Department's purposes, comply with:\n\n(1) The applicable State of local building code, if the property is located within a jurisdiction which has a building code accepted by the Secretary under \u00a7 200.925a(d); or\n\n(2)(i) The applicable State or local building code, and\n\n(ii) Those portions of the codes identified in \u00a7 200.295c which are designated by the HUD Field Office serving the jurisdiction in which the property is to be located, if the property is located in a jurisdiction which has a building code partially accepted by the Secretary; or\n\n(3) The appropriate codes, as identified in \u00a7 200.925c(c), if the property is not located within a jurisdiction which has a building code accepted by the Secretary.\n\n(b)  Conflicting standards.  The minimum property standards contained in the handbook identified in \u00a7 200.929(b)(2) do not preempt state or local standards, nor do they alter or affect a builder's obligation to comply with any state or local requirements. However, a property shall be eligible for benefits only if it complies with all applicable minimum property standards, including referenced standards.\n\n(c)  Standard for evaluating local building codes.  The Secretary shall compare the portions of a local or State building code applicable to residential or institutional occupancy, as appropriate, submitted under \u00a7 200.925a(d) to the list of construction related areas contained in \u00a7 200.925b.\n\n(1) A State or local code will be accepted if it regulates each area on the list.\n\n(2) A State or local building code will be partially accepted if it regulates most of the areas on the list. However, no code may be partially accepted if it fails to regulate the subarea for seismic design (see \u00a7 200.925b(c)(5)), or if it fails to regulate subareas in more than one of the following major areas listed in \u00a7 200.925b: fire safety, light and ventilation, structural loads and seismic design, foundation systems, materials standards, construction components, glass, mechanical, plumbing, electrical, and elevators.\n\n(3) For purposes of this paragraph, a state or local code regulates an area if it establishes a standard concerning that area. However, for earthquake loads (see \u00a7 200.925b(c)(5)), ASCE 7-88 is mandatory.\n\n(d)  Review process and acceptance \u2014(1)  Jurisdictions without previously accepted building codes.  The following submission requirements apply to developers and other interested parties in jurisdictions without building codes, jurisdictions with building codes which have never been submitted for acceptance, and jurisdictions with building codes which have been submitted for acceptance and neither accepted nor partially accepted by the Secretary.\n\n(i) Developers or other interested parties must comply with one of the following by the time of application for insurance or other benefits:\n\n(A) The developer or other interested party may choose to comply with the appropriate codes as identified in \u00a7 200.925c. If the developer or other interested party so chooses, then the multifamily or care-type property shall be constructed in accordance with one of the model codes designated in paragraph (c)(1), (2) or (3) of \u00a7 200.925c and with any other code or codes identified in the same paragraph. In such instances, the developer or other interested party shall notify the Department of the code or group of codes with which it intends to comply by the time of application for insurance or other benefits; or\n\n(B) The developer or other interested party may choose to comply with the State or local building code, if such code is acceptable to the Secretary. To obtain the Secretary's acceptance, the developer or other interested party shall submit the material specified in paragraph (d)(1)(ii) of this section to the HUD Field Office serving the jurisdiction in which the property is to be constructed. Such material may be submitted at any time; provided, however, that it must be submitted no later than the time of application for mortgage insurance or other benefits.\n\n(ii) If, under paragraph (d)(1)(i)(B) of this section, the developer or other interested party chooses to comply with the State or local building code as prescribed in paragraph (a)(1) of this section, it shall submit the following material to the HUD field Office serving the jurisdiction in which the property is to be constructed:\n\n(A) A copy of the jurisdiction's building code, including all applicable service codes, appendices and referenced standards; and\n\n(B) A copy of the statute, ordinance, regulation, or order establishing the code, if such statute, ordinance, regulation or order is not contained in the building code itself.\n\nHowever, the developer or other interested party need not submit any document already on file in the Field Office.\n\n(2)  Jurisdictions with previously accepted or partially accepted building codes.  The following submission requirements apply to developers and other interested parties in any jurisdiction with a building code which has been accepted or partially accepted by the Secretary:\n\n(i) At the time of application for mortgage insurance or other benefits, the developer or other interested party shall submit to the HUD Field Office serving the jurisdiction in which the property is to be constructed.\n\n(A) A certificate stating that, since its acceptance by the Secretary, the jurisdiction's building code has not been changed; or\n\n(B)( 1 ) A copy of all changes to the jurisdiction's building code, including all applicable service codes and appendices, which have been made since the date of the code's acceptance by the Secretary. However, the developer or other interested party need not submit any part already in the possession of the Field Office; and\n\n( 2 ) A copy of the statute, ordinance regulation, or order making such changes in the code.\n\n(3)  Notification of decision.  The Secretary shall review the material submitted under paragraphs (d) (1)(ii) and (2)(i). Following that review, the Secretary shall issue a written notice (except in the case of a previously accepted code which hasn't been changed) to the submitting party stating whether the State or local building code has been accepted, partially accepted, or whether the Secretary's previous acceptance or partial acceptance has been continued; the basis for the Secretary's decision; and a notification of the submitting party's right to present its views concerning the denial of acceptance if the code is neither accepted nor partially accepted. The Secretary may, in his discretion, permit either an oral or written presentation of views.\n\n(i) If a developer or other interested party is notified that a State or local building code has not been accepted, then the multifamily or care-type properties eligible for HUD benefits in that jurisdiction shall be constructed in accordance with the appropriate codes indicated in \u00a7 200.925c(c). In such instances, the developer or other interested party shall notify the HUD Field Office of the code or codes with which it chooses to comply, in accordance with \u00a7 200.925a(d)(1)(i)(A).\n\n(ii) If a developer or other interested party is notified that a State or local building code has been partially accepted, then the multifamily or care-type properties eligible for HUD benefits in that jurisdiction shall be constructed in accordance with the applicable State or local building code, plus those additional requirements identified in the written notice issued by the Secretary under \u00a7 200.925a(d)(3). The written notice shall identify, in accordance with appendix J of the Handbook identified in \u00a7 200.929(b)(2), those portions of the codes listed at \u00a7 200.925c(a) with which the property must comply.\n\n(iii) Each Regional Office will maintain a current list of jurisdictions with accepted building codes and a current list of jurisdictions with partially accepted building codes. The lists will state the most recent date of each code's acceptance or partial acceptance and will be available to any interested party upon request. In addition, the list of jurisdictions whose codes have been partially accepted shall identify those portions of the codes listed at \u00a7 200.925c(a) with which the property must comply."], ["24:24:2.1.1.1.1.16.37.20", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.940 Supplementary specific requirements under the HUD building product standards and certification program for sealed insulating glass units.", "HUD", "", "", "[58 FR 67674, Dec. 22, 1993]", "(a)  Applicable standards.  (1) All sealed insulating glass units shall be designed, manufactured, and tested in compliance with the American Society for Testing and Materials standard: ASTM E-774-92 Standard Specification for Sealed Insulating Glass Units.\n\n(2) This standard has been approved by the Director of the Federal Register for incorporation by reference. The standard is available from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. This standard is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(b)  Labeling.  Under the procedures set forth in \u00a7 200.935(d)(6) concerning labeling of a product, the administrator's validation mark and the manufacturer's certification of compliance with the applicable standards are issued by the administrator to the manufacturer. Each sealed insulating glass unit shall be marked as conforming to UM 82a. The label shall be located on each sealed insulating unit so that it is available for inspection. The label shall include the manufacturer's name and plant location.\n\n(c)  Periodic tests and quality assurance inspections.  Under the procedures set forth in \u00a7 200.935(d)(8) concerning periodic tests and quality assurance inspections, the frequency of testing for a product shall be described in the specific building product certification program. In the case of sealed insulating glass units, testing and inspection shall be conducted as follows:\n\n(1) At least once a year, the administrator shall visit the manufacturer's facility to select a sample, of the maximum size commercially available, for testing in a laboratory approved by the administrator.\n\n(2) The administrator shall also review the quality assurance procedures twice a year to assure that they are being followed by the manufacturer."], ["24:24:2.1.1.1.1.16.37.21", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.942 Supplementary specific procedural requirements under HUD building product standards and certification program for carpet and carpet with attached cushion.", "HUD", "", "", "[51 FR 17928, May 16, 1986]", "(a)  Applicable standards.  (1) Carpet and carpet with attached cushion certified for this program shall be designed, manufactured and tested in accordance with the following standards:\n\n(i) AATCC 20A-81\u2014Fiber Analysis: Quantitative;\n\n(ii) AATCC 16E-82\u2014Colorfastness to Light: Water-Cooled Xenon-Arc Lamp, Continuous Light;\n\n(iii) AATCC 8-85\u2014Colorfastness to Crocking: AATCC Crockmeter Method;\n\n(iv) AATCC 24-85\u2014Insect, Resistance to Textiles to;\n\n(v) ASTM D1335-67 (Reapproved 1972)\u2014Standard Test Method for Tuft Bind of Pile Floor Coverings;\n\n(vi) ASTM D3676-78 (Reapproved 1983)\u2014Standard Specification for Rubber Cellular Cushion Used for Carpet or Rug Underlay;\n\n(vii) ASTM E648-78\u2014Standard Test Method for Critical Radiant Flux of Floor-Covering Systems Using a Radiant Heat Energy Source;\n\n(viii) ASTM D2646-79\u2014Standard Methods of Testing Backing Fabrics;\n\n(ix) ASTM D3936-80\u2014Standard Test Method for Delamination Strength of Secondary Backing of Pile Floor Coverings;\n\n(x) ASTM D297-81\u2014Standard Methods for Rubber Products\u2014Chemical Analysis;\n\n(xi) ASTM D418-82\u2014Standard Methods of Testing Pile Yarn Floor Covering Construction; and\n\n(xii) National Bureau of Standards DOC FF 1-70. (ASTM D2859-76)\u2014Standard Test Method for Flammability of Finished Textile Floor Covering Materials.\n\n(2) These standards have been approved by the Director of the Federal Register for incorporation by reference. They are available from the (i) American Association of Textile Chemists and Colorists (AATCC), P.O. Box 12215, Research Triangle Park, NC 27709;\n\n(ii) American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA 19103; and\n\n(iii) U.S. Department of Commerce, National Bureau of Standards, Washington, DC 20234.\n\nThe standards are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(b)  Labeling.  (1) Under the procedures set forth in \u00a7 202.935(d)(6), concerning labeling of a product, the administrator's validation mark and the manufacturer's certification of compliance with the applied standard is required to be on the certification label issued by the administrator to the manufacturer. In the case of carpet and carpet with attached cushion, the following additional information shall be included on the certification label, mark or stamp:\n\n(i) Manufacturer's name or code identifying the manufacturing plant location; and\n\n(ii) Manufacturer's statement of compliance with UM 44d.\n\n(2) The certification mark shall be applied to each carpet at intervals of at least every six feet, not less than one foot from the edge.\n\n(c)  Periodic tests and quality control inspections.  (1) Five samples of carpet and carpet with attached cushion shall be tested annually by the administrator or by an administrator-approved laboratory. Three samples of each certified quality shall be taken from the plant annually. Of these, two shall be interim samples (taken every six months) and one an annual sample. In addition, two samples of each certified quality shall be taken annually from sources other than the manufacturer,  i.e.,  brought in the market place from distributors or stores, not from the factory. The administrator shall select samples for testing, and testing shall be conducted, in accordance with the applicable standards in a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) of the National Bureau of Standards, U.S. Department of Commerce.\n\n(2) The administrator shall visit the manufacturer's facility at least once every six months to assure that the initially accepted quality control procedures continue to be followed."], ["24:24:2.1.1.1.1.16.37.22", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.943 Supplementary specific requirements under the HUD building product standards and certification program for the grademarking of lumber.", "HUD", "", "", "[63 FR 5423, Feb. 2, 1998]", "(a)  Applicable standard.  (1) In accordance with UM 38j, lumber shall be grademarked in compliance with the U.S. Department of Commerce Voluntary Product Standard PS 20-94 American Softwood Lumber Standard.\n\n(2) This standard has been approved by the Director of the Federal Register for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. It is available from the U.S. Department of Commerce, NIST, Office of Voluntary Product Standards, Gaithersburg, MD 20899.\n\n(b)  Labeling.  Under the procedures set forth in \u00a7 200.935(d)(6) concerning labeling of a product, the administrator's validation mark and the manufacturer's certification of compliance with the applicable standard are required on the certification label issued by the administrator to the manufacturer. However, in the case of grademarking of lumber, the following information shall be included on the certification label or mark:\n\n(1) The registered symbol which identifies the grading agency;\n\n(2) Species or species combination;\n\n(3) Grade;\n\n(4) Identification of the applicable grading rules when not indicated by the species identification or agency symbol;\n\n(5) Mill or grader;\n\n(6) For members which are less than 5 inches in nominal thickness, indication that the lumber was green or dry at the time of dressing;\n\n(7) Indication that the lumber was finger jointed; and\n\n(8) The certification mark shall be affixed to each piece of lumber.\n\n(c)  Periodic tests and quality assurance.  Periodic tests and quality assurance inspections shall be carried out by the American Lumber Standard Committee as defined in PS 20-94."], ["24:24:2.1.1.1.1.16.37.23", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.944 Supplementary specific requirements under the HUD building product standards and certification program for plywood and other performance rated wood-based structural-use panels.", "HUD", "", "", "[55 FR 38785, Sept. 20, 1990]", "(a)(1) All plywood made to specifications of Voluntary Product Standard, PS 1-83, \u201cConstruction and Industrial Plywood\u201d (published by the U.S. Department of Commerce, National Bureau of Standards (May 1984)) and grade marked as PS 1-83 shall conform to the requirements of PS 1-83, except that all veneers may be D-grade. A copy of PS 1-83 may be obtained from the U.S. Department of Commerce, National Institute for Standards and Technology, Office of Product Standards, Gaithersburg, MD 20899.\n\n(2) All plywood panels not meeting the veneer grade requirements of PS 1-83, and all performance rated composite and nonveneer structural-use panels shall comply with the requirements described in the APA PRP-108, \u201cPerformance Standards and Policies for Structural-Use panels\u201d (published by the American Plywood Association, June 1988). However, in ASTM D-3043-87, \u201cStandard Methods of Testing Structural Panels in Flexure\u201d (published by the American Society for Testing and Materials, August 28, 1987), Method B may be used in lieu of Method C for measuring the mechanical properties of the panel, provided that the test specimen has a width of at least 12 inches. The impact load shall be 150 ft. lbs. for single-layer floor panels excluding any floor finishes. Copies of the APA Standard may be obtained from the American Plywood Association, P.O. Box 11700, Tacoma, WA 98411-0770. Copies of the ASTM Standard may be obtained from the American Society of Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.\n\n(3) Structural-use panels shall be installed in accordance with the manufacturer's installation instructions and Form No. E30K, \u201cAPA Design/Construction Guide-Residential and Commercial\u201d (published by the American Plywood Association, January 1989).\n\n(4) These standards have been approved by the Director of the Federal Register for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the standards are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(b)  Labeling.  Under the procedures set forth in \u00a7 200.935(d)(6) concerning labeling of a product, the administrator's validation mark and the manufacturer's certification of compliance with the applicable standards are required to be on the certification label issued by the administrator to the manufacturer. Panels that conform to the Performance Standards and Policy for Structural-Use Panels shall be marked as conforming to UM 40c. All panels complying with APA PRP-108 shall be marked with a label formatted in the manner similar to the trademark examples shown in APA PRP-108. All panels will be marked with the mill number. The certification mark shall be stamped on each panel and be located so that it is available for inspection.\n\n(c)  Periodic tests and qualify control inspections.  Under the procedures set forth in \u00a7 200.935(d)(8) concerning periodic tests and quality control inspections, the frequency of testing for a product shall be described in the specific building product certification program. In the case of plywood and wood-based structural-use panels, testing and inspection shall be conducted as follows:\n\n(1) Testing shall be done in an Administrator's laboratory or an Administrator-approved laboratory every three months. All plywood qualified for conformance with PS 1-83 shall be tested in accordance with PS 1-83.\n\n(2) All thickness and lay-ups of structural-use panels in production made in conformance with the Performance Standards shall be tested in accordance with procedures set forth in APA PRP-108 Performance Standards and Policies for Structural-Use Panels (published by the American Plywood Association Standard June 1988).\n\n(3) The Administrator shall examine each manufacturer's quality control procedures to assure they are the same as or equivalent to those set forth under the Quality Assurance Policy section 4.2.3 of the publication referenced in paragraph (2) above or PS 1-83 section 3.8.6.6, Reexamination.\n\n(4) The Administrator shall inspect the manufacturer's procedures at the plant at least every three months to assure that the initially accepted quality control procedures are being followed."], ["24:24:2.1.1.1.1.16.37.24", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.945 Supplementary specific requirements under the HUD building product standards and certification program for carpet.", "HUD", "", "", "[58 FR 67674, Dec. 22, 1993]", "(a)  Applicable standards.  (1) All carpet shall be designed, manufactured, and tested in compliance with the following standards from the American Society for Testing and Materials and the American Association of Textile Chemists and Colorists:\n\n(i) ASTM D418-92\u2014Standard Test Methods for Tuft and Yarn Length of Uncoated Floor Coverings;\n\n(ii) ASTM D1335-67\u2014(Reapproved 1972) Standard Test Method for Tuft Bind of Pile Floor Coverings;\n\n(iii) ASTM D 2646-87\u2014Standard Test Methods for Backing Fabrics;\n\n(iv) ASTM D 3936-80\u2014Standard Test Method for Delamination Strength of Secondary Backing of Pile Floor Coverings;\n\n(v) AATCC Test Method 16e-82\u2014Colorfastness to Light: Water-Cooled Xenon-Arc Lamp, Continuous Light;\n\n(vi) AATCC Test Method 165-86\u2014Colorfastness to Crocking: Carpets\u2014AATCC Crock Meter Method;\n\n(vii) ASTM D 3676-78\u2014(Reapproved 1989) Standard Specification for Rubber Cellular Cushion Used for Carpet or Rug Underlay;\n\n(viii) ASTM D 3574-91\u2014Standard Test Methods for Flexible Cellular Materials\u2014Slab, Bonded and Molded Urethane Foams.\n\n(2) These standards have been approved by the Director of the Federal Register for incorporation by reference. The standards are available from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103 and the American Association of Textile Chemists and Colorists, P.O. Box 12215, Research Triangle Park, NC 27709. These standards are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(b)  Labeling.  Under the procedures set forth in \u00a7 200.935(d)(6) concerning labeling of a product, the administrator's validation mark and the manufacturer's certification of compliance with UM 44d are required to be on the certification label issued by the Administrator to the manufacturer. The label shall be placed on each carpet every six feet not less than one foot from the edge.\n\n(c)  Periodic tests and quality assurance inspection.  Under the procedure set forth in \u00a7 200.935(d)(8), testing and inspection shall be conducted as follows:\n\n(1) Every six months, three samples and one annual field sample of carpet shall be submitted to the Administrator for testing in a laboratory accredited by the National Voluntary Laboratory Accreditation Program of the U.S. Department of Commerce.\n\n(2) The administrator also shall review the quality assurance procedures every six months to assure that they are being followed by the manufacturer."], ["24:24:2.1.1.1.1.16.37.25", 24, "Housing and Urban Development", "II", "A", "200", "PART 200\u2014INTRODUCTION TO FHA PROGRAMS", "S", "Subpart S\u2014Minimum Property Standards", "", "\u00a7 200.946 Building product standards and certification program for exterior finish and insulation systems, use of Materials Bulletin UM 101.", "HUD", "", "", "[60 FR 47841, Sept. 14, 1995]", "(a)  Applicable standards:  (1) All Exterior Finish and Insulation Systems shall be designed, manufactured, and tested in compliance with the following standards:\n\n(i) ASCE 7-93, American Society of Civil Engineers\u2014Minimum Design Loads for Buildings and Other Structures.\n\n(ii) ASTM C 150-94 Standard Specification for Portland Cement.\n\n(iii) ASTM C 920-87 Standard Specification for Elastomeric Joint Sealants.\n\n(iv) ASTM C-1186-91 Standard Specification for Flat Non-Asbestos Fiber-Cement Sheets.\n\n(v) ASTM D 579-90 Standard Specification for Greige Woven Glass Fabrics.\n\n(vi) ASTM D 3273-86\u2014(Reapproved 1991) Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber.\n\n(vii) ASTM E 330-90 Standard Test Method for Structural Performance of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air Pressure Difference.\n\n(viii) ASTM E 695-79 (Reapproved 1991), Standard Method of Measuring Relative Resistance of Wall, Floor, and Roof Construction to Impact Loading.\n\n(ix) ASTM G 26-93 Standard Practice for Operating Light-Exposure Apparatus (Xenon-Arc Type) With and Without Water for Exposure of Nonmetallic Materials.\n\n(x) Council of American Building Officials, Model Energy Code, 1993 Edition.\n\n(xi) EIMA Test Method 101.01-95 (modified ASTM C67-91) Standard Test Method for Freeze/Thaw Resistance of Exterior Insulation and Finish Systems (EIFS), Class PB.\n\n(xii) EIMA Test Method 101.02-95 (modified ASTM E331-91)\u2014Standard Test Method for Resistance to Water Penetration of Exterior Insulation and Finish Systems (EIFS), Class PB.\n\n(xiii) EIMA Test Method 101.03-95 (modified ASTM C297-91)\u2014Standard Test Method for Determining the Tensile Adhesion Strength of an Exterior Insulation and Finish System (EIFS), Class PB.\n\n(xiv) EIMA Test Method 105.01-95\u2014Standard Test Method for Alkali Resistance of Glass Fiber Reinforcing Mesh for Use in Exterior Insulation and Finish Systems (EIFS), Class PB.\n\n(xv) European Agreement Union Technical Committee\u2014June 88\u2014UEAtc Directives for the Assessment of External Insulation System for Walls (Expanded Polystyrene Insulation Faced with a Thin Rendering) Section 3.3.3.3.\n\n(2) These standards have been approved by the Director of the Federal Register for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. They are available from:\n\n(i) American Society Civil Engineers (ASCE) 345 East 47th Street, New York, NY 10017.\n\n(ii) American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103;\n\n(iii) Council of American Building Officials, 5203 Leesburg Pike, Falls Church, Virginia 22041;\n\n(iv) EAUTC Centre Scientifique ET Technique Du Batiment (CSTB), 84 Avenue Jesu Jaures, B.P. 02-77421 Marne-LA-Valee Cedex 2, Paris, France.\n\n(v) Exterior Insulation Manufacturers Association (EIMA), 2759 State Road 580, Suite 112, Clearwater, Florida 34621-3350.\n\n(3) The standards are available also for inspection at the Office of Manufactured Housing and Regulatory Functions, Standards and Products Branch, Department of Housing and Urban Development, room 3214, L'Enfant Plaza, 490E, Mail Room B-133, Washington, DC 20410-8000, and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(b)  Labeling.  Under the procedures as set forth in \u00a7 200.935(d)(6), concerning labeling of a product, the administrator's validation mark and the manufacturer's certification of compliance with the applied standard is required to be on the certification label issued by the administrator to the manufacturers. In the case of exterior wall insulation and finish systems, the certification label containing the administrator's mark shall be permanently affixed on the package or container of base and finish coating materials. Further, additional information shall be included on the certification label or mark:\n\n(1) Manufacturer's name.\n\n(2) Manufacturer's statement of conformance with UM 101.\n\n(c) The Administrator shall visit the manufacturer's or sponsor's facility every 6 months, to assure that the initially accepted quality assurance procedures are being followed. At least every four years, the Administrator also shall have the exterior wall insulation and finish systems tested in an approved laboratory to assure that the original performance is maintained.\n\n(d) The administrator's (or administration-accepted inspection agency) inspection of EFIS system installation of 5000 sq. ft. or more, shall be made during and upon completion of the construction. Reports of the inspection shall be made to the owner. These reports shall state:\n\n(1) The coverage of the finish coat per square foot for a given volume of finish.\n\n(2) The minimum thickness of the base and finish coatings.\n\n(3) The fiberglass mesh is installed properly around joints and insulation. All penetrations, including windows, flashing, etc., are sealed; and there is a caulk and sealant continuity evaluation; and\n\n(4) There is a caulk and sealant continuity evaluation with special concerns on maintenance.\n\n(e) The manufacturer shall warrant their exterior wall insulation and finish system, including any caulks and sealants, for twenty years against faulty performance. The warranty shall include correction of delamination, chipping, denting, peeling, blistering, flaking, bulging, unsightly discoloration, or other serious deterioration of the system such as the intrusion of water through the wall or structural failure of the system's surface materials. Should any of these defects occur, the manufacturer shall make a pro-rata allowance for replacement or pay the owner the amount of the allowance. The manufacturer shall not be liable for damages or defects resulting from misuse, natural catastrophes, or other causes beyond the control of the manufacturer. The contractor shall provide a statement to the owner that the product has been installed in compliance with HUD requirements and that the manufacturer's warranty does not relieve the builder, in any way, of responsibility under the terms of the Builder's Warranty required by the National Housing Act, or under any other housing program."]], "truncated": false, "filtered_table_rows_count": 165, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 and \"title_number\" = :p1 order by section_id limit 101", "params": {"p0": "200", "p1": "24"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=200&title_number=24", "results": [{"value": 24, "label": 24, "count": 165, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=200", "selected": true}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=200&title_number=24", "results": [{"value": "HUD", "label": "HUD", "count": 165, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=200&title_number=24&agency=HUD", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=200&title_number=24", "results": [{"value": "200", "label": "200", "count": 165, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?title_number=24", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=200&title_number=24&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=200&title_number=24&_facet=subpart_name"}], "next": "24~3A24~3A2~2E1~2E1~2E1~2E1~2E16~2E37~2E25,24~3A24~3A2~2E1~2E1~2E1~2E1~2E16~2E37~2E25", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=200&title_number=24&_next=24~3A24~3A2~2E1~2E1~2E1~2E1~2E16~2E37~2E25%2C24~3A24~3A2~2E1~2E1~2E1~2E1~2E16~2E37~2E25&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 463.4541580453515, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}