9-4-1502 - Definitions.
9-4-1502. Definitions.
As used in this part:
(1) "Contaminated by methamphetamine" means that a residence is:
(a) polluted by hazardous materials as a result of the use, production, or presence ofmethamphetamine in excess of decontamination standards adopted by the Department of Healthunder Section 26-51-201; and
(b) placed on a contamination list by a local health department in accordance withSection 19-6-903.
(2) "Fund" means the Methamphetamine Housing Reconstruction and RehabilitationFund created in Section 9-4-1503.
(3) "Qualified housing organization" means an affiliate located in this state of anorganization if that organization:
(a) is exempt from federal income taxation under Section 501(c)(3), Internal RevenueCode;
(b) operates on a worldwide basis;
(c) has the primary purposes of:
(i) constructing, reconstructing, and rehabilitating residences that are:
(A) sold to low-income persons selected by the organization in accordance with any rulesthe division makes as authorized by Section 9-4-1503; and
(B) financed with loans that are not subject to interest as determined by the organizationin accordance with any rules the division makes as authorized by Section 9-4-1503; and
(ii) purchasing property upon which residences described in Subsection (3)(c)(i) areconstructed, reconstructed, or rehabilitated;
(d) expends a portion of the repayment on the loans described in Subsection (3)(c)(i)(B)to finance:
(i) the construction, reconstruction, and rehabilitation of residences described inSubsection (3)(c)(i); and
(ii) the purchase of property upon which residences described in Subsection (3)(c)(i) areconstructed, reconstructed, or rehabilitated; and
(e) has built more than 250,000 residences in total.
(4) (a) "Residence" means a single-family residence.
(b) "Residence" includes:
(i) a condominium;
(ii) a garage;
(iii) real property appurtenant to a residence:
(A) as determined by the division in accordance with any rules the division makes asauthorized by Section 9-4-1503; and
(B) if that real property is contaminated by methamphetamine;
(iv) a shed; or
(v) a town home.
(c) "Residence" does not include:
(i) an apartment or other rental unit as determined by the division in accordance with anyrules the division makes as authorized by Section 9-4-1503; or
(ii) an outbuilding except for a garage or shed.
Enacted by Chapter 194, 2010 General Session