Application for Section 504 Loans
Section Three: Statements Required by Law and Executive Order and Certifications
(Signed by the Applicant and Associates)
statement is to notify all applicants for SBA assistance that such actions are hazardous to both life and property
and should be avoided. The additional cost of flood preventive construction must be considered in addition to
the possible loss of all assets and investments due to a future flood.
Occupational Safety and Health Act (29 U.S.C. § 651 et seq.) – The Occupational Safety and Health
Administration (OSHA) can require businesses to modify facilities and procedures to protect employees.
Businesses that do not comply may be fined and required to abate the hazards in their workplaces. They may
also be ordered to cease operations posing an imminent danger of death or serious injury until employees can be
protected. Signing this form is certification that the applicant, to the best of its knowledge, is in compliance with
the applicable OSHA requirements, and will remain in compliance during the life of the loan.
Civil Rights Legislation – All businesses receiving SBA financial assistance must agree not to discriminate in
any business practice, including employment practices and services to the public, on the basis of categories
cited in 13 C.F.R., Parts 112, 113, and 117 of SBA Regulations. This includes making their goods and services
available to handicapped clients or customers. All business borrowers will be required to display the "Equal
Employment Opportunity Poster" prescribed by SBA.
Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.) – The Federal Equal Credit Opportunity Act
prohibits creditors from discriminating against credit Applicants on the basis of race, color, religion, national
origin, sex, marital status or age (provided that the Applicant has the capacity to enter into a binding contract);
because all or part of the Applicant's income derives from any public assistance program, or because the
Applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency
that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal
Credit Opportunity, Washington, D.C. 20580.
Executive Order 11738 -- Environmental Protection (38 C.F.R. 25161) – The Executive Order charges the
SBA with administering its loan programs in a manner that will result in effective enforcement of the Clean Air
Act, the Federal Water Pollution Act and other environmental protection legislation. SBA must, therefore,
impose conditions on some loans. By acknowledging receipt of this form and presenting the application, the
Associates of all small businesses borrowing $100,000 or more in direct funds stipulate to the following:
• That any facility used, or to be used, by the subject firm is not cited on the EPA list of Violating Facilities.
• That subject firm will comply with all the requirements of Section 114 of the Clean Air Act (42 U.S.C.
7414) and Section 308 of the Water Act (33 U.S.C. § 1318) relating to inspection, monitoring, entry, reports
and information, as well as all other requirements specified in Section 114 and Section 308 of the respective
Acts, and all regulations and guidelines issued thereunder.
• That subject firm will notify SBA of the receipt of any communication from the Director of the
Environmental Protection Agency indicating that a facility utilized, or to be utilized, by subject firm is under
consideration to be listed on the EPA List of Violating Facilities.
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4821 et seq.) – Borrowers using SBA funds for the
construction or rehabilitation of a residential structure are prohibited from using lead-based paint (as defined in
Federal regulations) on all interior surfaces, whether accessible or not, and exterior surfaces, such as stairs,
decks, porches, railings, windows and doors, which are readily accessible to children under 7 years of age. A
"residential structure" is any home, apartment, hotel, motel, orphanage, boarding school, dormitory, day care
center, extended care facility, college or other school housing, hospital, group practice or community facility
and all other residential or institutional structures where persons reside.
SBA Form 1244 (06-2021) Page 8