1. (a) To be eligible to receive program funds for seismic rehabilitation improvements, a project must:

   1. (1) be located within the jurisdiction of a local agency that has completed an inventory of unreinforced masonry buildings and has adopted a seismic mitigation program or ordinance pursuant to section 8875.2 of the Government Code or section 19163 of the Health and Safety Code;
   2. (2) involve a structure which is identified as a potentially hazardous building by the local agency in which it is located; and
   3. (3) involve a structure that contains, or will contain, at least six dwelling or residential hotel units, where at least 70 percent of all dwelling or residential hotel units will be assisted units and at least 50 percent of the total gross floor area will be used for residential purposes.
2. (b) Only program funds allocated pursuant to Government Code section 8878.20 may be used for seismic rehabilitation improvements and work directly related thereto.

3. (c) If only a portion of the rental housing development consists of assisted units, no program funds shall be used with respect to the nonresidential space or non-assisted units unless both of the following apply:

   1. (1) The funds are used for seismic rehabilitation improvements and work directly related thereto; and
   2. (2) The funded activity is integral to the seismic rehabilitation improvements and work related thereto being performed on the assisted units.
4. (d) Where program funds are used to pay any costs associated with seismic rehabilitation improvements, and work directly related thereto, of nonresidential space, cash distributions for the entire structure shall be limited in accordance with section 7684.

Note: Authority cited: Section 50668.5, Health and Safety Code. Reference: Sections 19161, 19162, 19163 and 50668.5, Health and Safety Code; and Sections 8875.1, 8875.2 and 8878.20, Government Code.

History

1. New section filed 6-12-89 as an emergency pursuant to Health and Safety Code section 50668.5(g); operative 6-12-89 (Register 89, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or the regulation will be repealed on 10-10-89. For history of former subchapter 8 (sections 7700-7714.5, not consecutive), see Register 85, No. 33.

2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety Code section 50668.5(g) and Government Code section 11346.1(h); operative 10-10-89 (Register 89, No. 42). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-7-90.

3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety Code section 50668.5(g) and Government Code section 11346.1(h); operative 2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-7-90.

4. Amendment of subsections (a)(1), (c) and (d) filed 3-5-90 as an emergency pursuant to Health and Safety Code section 50668.5(g); operative 3-5-90 (Register 90, No. 12). A certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-3-90.

5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amendment of subsections (c) and (d) transmitted to OAL 5-22-90 and filed 5-29-90 (Register 90, No. 29).