Insured advances for building components stored off-site.
(a) Building components. In insured advances for building components stored off-site, the term building component shall mean any manufactured or pre-assembled part of a structure that HUD has specifically identified for incorporation into the property and has designated for off-site storage because it is of such size or weight that:
(1) Storage of the number of components required for timely construction progress at the construction site is impractical, or
(2) Weather damage or other adverse conditions prevailing at the construction site would make storage at the site impractical or unduly costly.
(b) Storage.(1) An insured advance may be made for up to 90 percent of the invoice value (to exclude costs of transportation and storage) of the building components stored off-site, if the components are stored at a location approved by the mortgagee and HUD.
(2) Each building component shall be adequately marked so as to be readily identifiable in the inventory of the off-site location. Each component shall be kept together with all other building components of the same manufacturer intended for use in the same project for which insured advances have been made and separate and apart from similar units not for use in the project.
(3) Storage costs, if any, shall be borne by the contractor.
(c) Responsibility for transportation, storage, and insurance of off-site building components. The general contractor of the insured mortgaged property shall have the responsibility for:
(1) Insuring the components in the name of the mortgagor while in transit and storage; and
(2) Delivering or contracting for the delivery of the components to the storage area and to the construction site, including payment of freight.
(d) Advances.(1) Before an advance for a building component stored off-site is insured:
(i) The mortgagor shall:
(A) Obtain a bill of sale for the component;
(B) Give the mortgagee a security agreement; and
(C) File a financing statement in accordance with the Uniform Commercial Code; and
(ii) The mortgagee shall warrant to HUD that the security instruments are a first lien on the building components covered by the instruments except for such other liens or encumbrances as may be approved by HUD.
(2) Before each advance for building components stored off-site is insured, the mortgagor's architect shall certify to HUD that the components, in their intended use, comply with HUD-approved contract plans and specifications. Under those circumstances permitted by HUD in which there is no architect, compliance with the HUD-approved contract plans and specifications shall be determined by HUD.
(3) Advances may be made only for components stored off-site in a quantity required to permit uninterrupted installation at the site.
(4) At no time shall the invoice value of building components being stored off-site, for which advances have been HUD insured, represent more than 50 percent of the total estimated construction costs for the insured mortgaged project as specified in the construction contract. Notwithstanding the preceding sentence and other regulatory requirements that set bonding requirements, the percentage of total estimated construction costs insured by advances under this section may exceed 25 percent but not 50 percent if the mortgagor furnishes assurance of completion in the form of a corporate surety bond for the payment and performance each in the amount of 100 percent of the amount of the construction contract. In no event will insurance of advances for components stored off-site be made in the absence of a payment and a performance bond.
(5) No single advance that is to be insured shall be in an amount less than $10,000.
Title 24 published on 2012-04-01
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