Section 346-29-12 - New Construction and Rehabilitation RequirementsIf the Development includes new construction or rehabilitation, the following applies:
A.Approval of Construction Documents and Budget. Funding for new construction or rehabilitation is subject to MaineHousing's review of the drawings, specifications, construction contract, and budget for reasonableness and completeness. MaineHousing may require a competitive bidding process for any general contractors or subcontractors. B.Payment and Performance Bonds. MaineHousing at its discretion may require any of the following or a combination of the following: (i) a payment and performance bond,(ii) a letter of credit, and(iii) a maintenance bond.C.Escrows. MaineHousing may establish, maintain, and administer an escrow account for all construction. D.Developments Financed with Project Labor Agreement Funds. Developers of Developments financed with Project Labor Agreement Funds shall (i) enter into pre-hire, collectively bargained project labor agreements with the workers who work on the affordable housing, including those employed by a contractor and all subcontractors of the Developer; and (ii) require any entity working on the housing to make a good faith effort at all times to promote workforce diversity, including diversity with regard to race and gender. If MaineHousing determines that a contractor, subcontractor, firm, corporation, partnership or other entity is not making a good faith effort to achieve workforce diversity, MaineHousing may refuse to permit that entity to be awarded a contract for any Development funded with Project Labor Agreement Funds for a period of two (2) years from the date of such determination.E.Other Requirements of Funding Resources. The Developer shall comply with all applicable requirements of funding resources including without limitation: (i) taking affirmative steps to assure contracting with Women-owned and Minority-owned Business Enterprises;(iii) Section 3 of the Housing and Urban Development Act of 1968; and(iv) the National Environmental Policy Act.F.Codes and Standards. All elements of the Development shall meet all applicable state and local codes and ordinances. Generally, all work undertaken must meet the standards set forth in the Maine Uniform Building and Energy Code and the minimum standards outlined in MaineHousing's Quality Standards and Procedures Manual. MaineHousing may require any or all the following: a plan review, a construction permit, a sprinkler permit, or a barrier free permit from the Department of Public Safety. G.Accessibility and Adaptability Requirements. The design and construction of and improvements to the Development shall comply with all applicable accessibility laws, which include but are not limited to the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988; the Maine Human Rights Act, Subchapters IV and V; Section 504 of the Rehabilitation Act of 1973; and Title II of the Americans with Disabilities Act of 1990; and Title III of the Americans with Disabilities Act of 1990, MUBEC and associated regulations accessibility standards and guidance as may be amended. H.Interpretation of Codes and Standards. If there is a question in interpretation of codes or standards, the construction or rehabilitation shall conform to MaineHousing's interpretation of such codes and standards. I.Incomplete Work Escrows. MaineHousing may disburse all of its funds upon completion of all but a few items if (i) (a) the incomplete work items are awaiting seasonable opportunity; (b) the incomplete work items are back-ordered and therefore unavoidably incomplete; or (c) MaineHousing determines that circumstances warrant inclusion of other non-safety related incomplete work items; and (ii) MaineHousing retains an amount equal to 150% of the cost required to complete such items. J.Flexible Use. To the extent feasible, the Development shall comply with the physical licensing standards for residential facilities of the Department of Health and Human Services; the Department of Corrections; the Department of Education; and their successor agencies. K.Other Requirements. The Developer shall comply with all requirements MaineHousing, in its discretion, determines are prudent.L.Waivers. In the event MaineHousing offers a Program under which (i) MaineHousing lends money short term for acquisition of real estate or (ii) MaineHousing anticipates it will obtain undercollateralized mortgages, MaineHousing may waive or substitute less cumbersome requirements than those set forth in A., B., C., and H. 99-346 C.M.R. ch. 29, § 12