Icr 2502-0321

Paperwork Reduction Act Submission

Please read the instruction before completing this form. For additional forms or assistance in completing this forms, contact your agency’s Paperwork Reduction Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 Seventeenth St. NW, Washington, DC 20503.

1. Agency/Subagency Originating Request: U.S. Department of Housing and Urban Development Office of Assistant Secretary for Housing-FHA Office of Regulatory Affairs and Manufactured Housing		2. OMB Control Number: a.2502 0321      	b. None      
3. Type of information collection: (check one) New Collection Revision of a currently approved collection x Extension of a currently approved collection Reinstatement, without change, of previously approved collection for which approval has expired Reinstatement, with change, of previously approved collection for which approval has expired Existing collection in use without an OMB control number For b-f, note item A2 of Supporting Statement instructions.	4. Type of review requested: (check one) x Regular Emergency - Approval requested by       Delegated 5. Small entities: Will this information collection have a significant economic impact on a substantial number of small entities? Yes x No 6. Requested expiration date: a. x Three years form approval date b. Other (specify)      

7. Title:

Minimum Property Standards for Multifamily and Care-type Facilities

8. Agency form number(s): (if applicable)

None

9. Keywords:

Housing standards, Mortgage Insurance, Construction, Building Codes, Minimum Property Standards

10. Abstract:

These Standards establish the acceptability of properties for mortgage insurance and will forward the goal of a decent and suitable living environment for every American family. This information is collected from State and local governments to assess the adequacy of their existing housing standards to meet HUD’s minimum requirements. These Standards will protect the Department’s interest by requiring certain features of design and construction.

11. Affected public: (mark primary with “P” and all others that apply with “X”) a. X Individuals or households e.   Farms b. P Business or other for-profit f.   Federal Government c.   Not-for-profit institutions g. P State, Local or Tribal Government		12. Obligation to respond: (mark primary with “P” and all others that apply with “X”) a.   Voluntary b. P Required to obtain or retain benefits c.   Mandatory
13. Annual reporting and recordkeeping hour burden: a. Number of respondents 1,000 b. Total annual responses 1,000 Percentage of these responses collected electronically 0% Total annual hours requested 8,400 d. Current OMB inventory 8,000 e. Difference (+,-) +400 f. Explanation of difference: 1. Program change: 2. Adjustment: +400		14. Annual reporting and recordkeeping cost burden: (in thousands of dollars) a. Total annualized capital/startup costs b. Total annual costs (O&M) c. Total annualized cost requested d. Total annual cost requested e. Current OMB inventory f. Explanation of difference: 1. Program change: 2. Adjustment:
15. Purpose of Information collection: (mark primary with “P” and all others that apply with “X”) a. P Application for benefits e.   Program planning or management b.   Program evaluation f.   Research c.   General purpose statistics g. x Regulatory or compliance d.   Audit		16. Frequency of recordkeeping or reporting: (check all that apply) a. Recordkeeping b. Third party disclosure b. X Reporting: 1. X On occasion 2. Weekly 3. Monthly 4. Quarterly 5. Semi-annually 6. Annually 7. Biannually 8. Other (describe)      
17. Statistical methods: Does this information collection employ statistical methods? Yes X No	18. Agency contact: (person who can best answer questions regarding the content of this submission) Name: Elizabeth Cocke Phone:202-402-4233

19. Certification for Paperwork Reduction Act Submissions

On behalf of this Federal Agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

Note: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320/8(b)(3). Appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collections of information, that the certification covers:

1. It is necessary for the proper performance of agency functions;

2. It avoids unnecessary duplication;

3. It reduces burden on small entities;

4. It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

5. Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

6. It indicates the retention periods for recordkeeping requirements;

7. It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

1. Why the information is being collected;

2. Use of the information;

3. burden estimate;

4. Nature of response (voluntary, required for a benefit, or mandatory);

5. Nature and extent of confidentiality; and

6. Need to display currently valid OMB control number;

8. It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to collected (see note in item 19 of the instructions);

9. It uses effective and efficient statistical survey methodology; and

10. It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

     

Signature of Program Official: X Michael Winiarski, Deputy Director Organizational Policy Planning and Analysis Division, HROA	Date:
Signature of Senior Officer or Designee: X Lillian Deitzer, Departmental Reports Management Officer Office of the Chief Information Officer	Date:

Supporting Statement for Paperwork Reduction Act Submissions

Minimum Property Standards for Multifamily and Care-type Facilities

2502-0321

A. Justification

1. Section 405(a)(3) of the Housing and Urban Rural Recovery Act of 1983, revised October 17, 1984, Section 1735f-4, permits the Secretary of HUD to assist properties that are built, to comply with State or local codes that are the equivalent of model building codes and makes the Secretary responsible for determining equivalency. Regulation 24 CFR 200.925 implements Section 1735f-4 for multifamily housing and care-type facilities and establishes rules in 24 CFR Part 200.929 for determining the equivalency of State or local codes for such assisted properties.

2. Regulation 24 CFR 200.925 requires anyone with an interest in proposing construction of a property (mortgagor or mortgagee) to comply with model codes, or State or local codes that have been submitted to HUD by such parties and deemed equivalent. If such State or local codes are deemed equivalent, HUD assisted properties need only comply with such equivalent codes. Therefore, under this information collection, prospective mortgagors or mortgagees or local building authorities must submit the local or state building requirements that set forth design and construction requirements in a particular area or jurisdiction where the codes and standards have not been evaluated for equivalency to HUD’s Minimum Property Standards requirements. The applicants must submit the following material to the HUD field Office serving the jurisdiction in which the property is to be constructed:

• A copy of the jurisdiction’s building code, including all applicable service codes, appendices, and reference standards; and

• A copy of the statute, ordinance, regulation, or order establishing the code, is such statute, ordinance regulation, or order is not contained in the building code itself.

Further, the same or other parties with an interest in other proposed properties in the same jurisdiction need only submit a statement that State or local codes have not been changed since last deemed equivalent by HUD. If the State or local codes have changes, they need to submit changes for updating the prior HUD determination.

If information is not collected about State or local codes, parties will have to comply with both State or local codes and HUD standards (model codes). This process could be confusing, burdensome and cost ineffective to such parties.

3. No automated, mechanical, or electronic means for collecting this information is used due to the nature and type of information submitted and requested. The type of documentation required is not practical to automate and often consists of building codes and state/local building regulations which are voluminous and not electronic in original format.

4. No similar information collected is available for use or modification.

5. The methods used to minimize the burden of collecting information from small business or other small entities will be limited by the collection of information to one submission of basic information per code jurisdiction, no matter how many subsequent properties are submitted by the original party or other parties in the same jurisdiction. The burden of collecting updated basic information will be minimized in the same way.

6. If the collection of information were conducted less frequently, the consequences to the Federal program or policy activities would result in the withholding of information that could lead to erroneous determinations of local code comparability, jeopardize Federal insurance funds, and cause public condemnation.

7. Periodic assessments are made on the use of the information reported to determine their continued need.

8. None of the guidelines specified at 5 CFR 1320.6 are being violated. The previous agency notice soliciting comments on the information collection was published in the Federal Register on June 29, 2007 (Vol. 72, No. 125, page 35716). No comments were received.

9. No gifts or payments are provided to the respondents.

10. All information being collected is public information. No assurance of confidentially is needed.

11. No questions of a sensitive nature are involved.

12. Estimate of public burden:

Information Collection	Number of Respondents	Frequency of Response	Responses per Annum	Hours Per Response	Annual Burden Hours	Hourly Cost	Annual Cost
Application for initial acceptance of the jurisdiction’s building code	1,000	1	1,000	8	8,000	$20	$160,000
Application for updating the jurisdiction’s building code	200	1	200	2	400	$20	8,000
Total	1,200		1,200		8,400		$168,000

Hourly rate based on an estimated average annual of $40,000 for respondent staff.

13. There are no additional capital start-up costs to the respondents.

14. Based on a review of 1,000 code evaluations, the Federal government burden would be approximately 20,000 hours with an average of 20 hours per response and the estimated total cost would equal approximately $580,000 citing an hourly rate of $29 (1,000 applications x 20 hours per response x $29 = $580,000).

15. This is an extension of a currently approved collection. The program area has not experienced a significant change in evaluation requests. However, an increase in requested annual hours is due to the clarification that local building jurisdictions must update the application when changes to the building codes are made.

16. The collected information will not be published.

17. HUD is not seeking approval to avoid displaying the expiration date.

18. There are no exceptions to the certification identified in item 19 of the OMB form 83-I.

B. Collections of Information Employing Statistical Methods

The collection of information does not employ statistical methods.

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OMB 83-I 10/95