Alaska § 18.56.300 - Construction standards for housing eligible for purchase of loans.

§ 18.56.300. Construction standards for housing eligible for purchase of loans.

 (a) The corporation may not make or purchase a housing loan for residential housing the construction of which begins after June 30, 1992, unless the seller of the mortgage loan complies with the provisions of this section and unless        (1) the unit is in compliance with the construction codes of the municipality, if the unit is located within a municipality that has adopted and enforces construction codes and each of those codes meets or exceeds the comparable standards for similar housing established by the state building code; or

 (2) the unit is in compliance with the comparable standards for similar housing established by the state building code             (A) if the unit is located                  (i) within a municipality whose construction codes do not meet the standards for similar housing established by the state building code;

 (ii) within a municipality that does not enforce construction codes; or

 (iii) outside a municipality; or

 (B) as to each specific code within the construction codes of the municipality that has adopted and enforces construction codes if the specific code does not meet or exceed the comparable standard for similar housing established by the state building code.

 (b) As a condition of a commitment to purchase or approve a loan under this section for residential housing the construction of which begins after June 30, 1992, the corporation shall require inspection of the unit of residential housing that is the subject of the loan. The inspection must be performed by a municipal building inspector, by an individual who is registered under AS 08.18 to perform home inspections for new construction, by an architect registered under AS 08.48 , by an engineer registered under AS 08.48 , or by another person approved by the corporation. When the unit of residential housing is located in a rural area, the person who makes the inspection may use methods other than a personal physical inspection to make the inspection if the method is approved by the corporation, and variations from the applicable code may be accepted at the corporation's discretion, if the person authorized to inspect the unit under this subsection satisfies the corporation that the variation does not adversely affect the structural integrity of the unit or the health and safety of the residents. The person who makes the inspection shall determine whether the construction conforms to relevant provisions of the construction codes of the municipality or of the state building code, as applicable, at each of the following stages of construction:        (1) plan approval;

 (2) completion of footings and foundations;

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

 (4) completion of installation of insulation;

 (5) final approval.

 (c) A person may not bring an action for damages based on a duty imposed by (b) of this section to inspect a residential unit unless the action is for damages caused by gross negligence or intentional misconduct.

 (d) This section does not apply to a nonconforming housing loan made or purchased by the corporation.

 (e) In this section,        (1) “construction codes” means, with reference to a municipality, the building, mechanical, plumbing, and electrical codes, or any of them that have been adopted and are enforced by the municipality;

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

 (3) “state building code” means             (A) for building standards, the standards set out in the version of the Uniform Building Code adopted by the Department of Public Safety under AS 18.70.080 , including the provisions of that code applicable to buildings used for residential purposes containing fewer than four dwelling units, notwithstanding the exclusion of those buildings from the Department of Public Safety's jurisdiction made by AS 18.70.080 (a)(2);

 (B) for mechanical standards, the standards set out in the version of the Uniform Mechanical Code adopted by the Department of Public Safety under AS 18.70.080 , including the provisions of that code applicable to buildings used for residential purposes containing fewer than four dwelling units, notwithstanding the exclusion of those buildings from the Department of Public Safety's jurisdiction made by AS 18.70.080 (a)(2);

 (C) for plumbing standards, the minimum plumbing code adopted for the state under AS 18.60.705 ; and

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