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37.71.601    ELIGIBILITY FOR SERVICE, PRIORITIES

(1) Dwellings which have been weatherized after September 30, 1993, with U.S. Department of Energy funds or with Low Income Energy Assistance Program (LIEAP) weatherization, or Northwestern Energy free weatherization funds after January 1, 1995 are not eligible for weatherization services. LIEAP weatherization funds and/or Northwestern Energy free weatherization funds may be used at any time to address a weatherization related imminent threat to the health or safety of an otherwise eligible household or to replace or make cost effective modifications to an otherwise eligible household's heating system to utilize a less expensive energy source.

(2) Community residential facilities as defined at 76-2-411 , MCA which are the residence for low income elderly or handicapped individuals are eligible for weatherization.

(3) In determining which eligible households will receive weatherization services and in what order, households in each of the governor's substate planning districts shall be ranked according to energy burden. Households with the highest energy burden shall be given the highest priority and households with the lowest energy burden shall be given the lowest priority.

(a) The energy burden, as defined in ARM 37.71.401, of households containing a member who is either 60 years of age or older or who has a disability as determined by the federal Social Security Administration under Title II or Title XVI of the Social Security Act will be multiplied by 1.25 for purposes of prioritization.

(4) If there exists a weatherization related imminent threat to the health or safety of an eligible household, their home may be given a higher priority than that dictated by energy burden. It is the obligation of the household to provide proof of an imminent threat to the health or safety of the household to the local contractor. The local contractor must request that the department give the household's dwelling a higher priority.

(5) Weatherization will be scheduled to minimize travel and other nonproductive costs.

(a) If nonproductive costs are excessive, the scheduled home may be delayed for weatherization at a later date but in no instance shall the scheduled home be delayed longer than one year or the end of the contract period whichever comes first.

(6) Eligible homes, scheduled to receive partial weatherization from any other agency, may be prioritized higher to allow coordination and avoid duplication of weatherization services.

(7) A multi-family unit prioritized high enough to be scheduled for service that is also one of several units that comprise a 66 2/3% eligible multi-family building shall have the entire building weatherized to avoid nonproductive costs.

(8) When a dwelling is prioritized high enough to be scheduled for weatherization work, the delivery of services will be deferred until a later date if providing the services would pose a threat to the health or safety of either a person who lives in the dwelling or of the weatherization installers. In such cases the delivery of services will be postponed until the conditions that pose a threat to health or safety have been resolved. Circumstances that justify the deferral of weatherization services include but are not limited to the following:

(a) A person who lives in the dwelling has known health conditions that prohibit the installation of insulation and other weatherization materials.

(b) The building structure or its mechanical systems, including electrical and plumbing, are in such a state of disrepair that failure is imminent and the conditions cannot be resolved cost-effectively.

(c) The house has sewage or other sanitary problems that would further endanger persons who live in the dwelling or weatherization installers if weatherization work were performed.

(d) The house has been condemned or electrical, heating, plumbing, or other equipment has been "red tagged" by local or state building officials or utilities.

(e) Moisture problems are so severe they cannot be resolved under existing health and safety measures and with minor repairs.

(f) Dangerous conditions exist due to high carbon monoxide levels in combustion appliances, and cannot be resolved under existing health and safety measures.

(g) A person who lives in the dwelling is uncooperative, abusive, or threatening to the crew, subcontractors, auditors, inspectors, or others who must work on or visit the house.

(h) The extent and condition of lead-based paint in the house would potentially create further health and safety hazards.

(i) In the judgment of the department, any condition exists which may endanger the health and/or safety of the work crew or subcontractor.

History: 53-2-201, 90-4-201, MCA; IMP, 53-2-201, 90-4-201, 90-4-202, MCA; NEW, 1982 MAR p. 1309, Eff. 7/1/82; AMD, 1982 MAR p. 2181, Eff. 12/31/82; AMD, 1983 MAR p. 1377, Eff. 9/30/83; AMD, 1988 MAR p. 289, Eff. 4/1/88; AMD, 1991 MAR p. 311, Eff. 3/15/91; AMD, 1993 MAR p. 1113, Eff. 5/28/93; AMD, 1996 MAR p. 1713, Eff. 6/21/96; AMD, 1998 MAR p. 1416, Eff. 5/29/98; TRANS, from SRS, 1998 MAR p. 2061; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2007 MAR p. 974, Eff. 7/6/07.

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