Cal. Code Regs. tit. 19 § 2955

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2955 - Public Buildings

(a) General Eligibility

Existing local agency buildings, except inactive or abandoned facilities, maintained by an eligible applicant are eligible for state assistance for permanent repair or replacement costs to the extent necessary for the local agency to obtain a Certificate of Occupancy. This restriction does not apply to facilities that are temporarily removed from service for repairs or maintenance.

(b) Limitations of Eligibility

Permanent restoration or repair eligibility for a damaged or destroyed public facility will be on the basis of predisaster design of such facility, in conformity with current codes and standards, except as directed by an approved hazard mitigation project. The extent of reimbursement shall be controlled by the facility's use and the function it performs for the community. The following information is furnished for guidance:

(1) Damage to the exterior of a building shall be repaired with like materials unless less expensive material is available;

(2) Nonstructural and fixed equipment, such as floors, walls and ceilings, doors and windows, and roofing, is eligible for repair when damaged;

(3) Mechanical and electrical equipment, heating systems, plumbing fixtures, and air conditioning systems are eligible for repair or replacement to the extent of returning the facility to its predisaster condition. Air conditioning will not be approved where it did not exist prior to the disaster event, unless required by current codes and standards;

(4) Fixed appliances, dishwashers, garbage disposals, water heaters, light fixtures, and sump pumps plumbed into the structure are considered as a part of the structure and if damaged or destroyed are eligible for repair or replacement;

(5) Electrical wiring, plumbing and utilities, if damaged as a result of the disaster, shall be repaired to conform to local codes;

(6) Replacement of a building may be eligible when a determination has been reached that it would not be economically or technically feasible to make repairs. A suitable replacement structure equal in functional requirements to the facility damaged or destroyed, conforming to current codes and standards, and including cost effective hazard mitigation, may be authorized. In such instances, adequate justification will be detailed in the state DSR (Cal EMA 90, Rev. 12/09, incorporated by reference), including comparable cost estimates. The inspector shall ascertain if the entire destroyed facility was being utilized by the applicant prior to the disaster and make appropriate comments on the state DSR (Cal EMA 90, Rev. 12/09, incorporated by reference). Functional requirements for the new structure shall take precedence over any design factors;

(7) The state cost estimate for the replacement facility will be based on the floor area of the original building, except in those instances where local codes require a specific footage or area per person; and then only to the extent of the capacity originally intended in the original structure;

(8) Relocation from the original site may, in some instances, be more advantageous and economical. In such cases, the acquisition costs of land, easements or rights-of-way is the responsibility of the local agency; and,

(9) Increased capacity and added operating features are betterments and will be borne by the local agency. Construction materials shall be those types required consistent with the location, usage, and function of the replacement. Long-term maintenance expenses are not considered a controlling factor.

(10) Temporary relocation costs are eligible for reimbursement when an eligible damaged facility must be vacated to ensure public safety, to complete construction, or if it is otherwise impractical for the facility to continue operating while the approved work is underway. Such costs must be reasonable and necessary to reestablish the minimum services normally provided by the damaged facility. If temporary relocation costs are expected to exceed $100,000 or twenty-five percent (25%) of approved repair or replacement funding, whichever is greater, or if the length of relocation will exceed 6 months, the applicant must obtain prior written approval from the Deputy Director.

Cal. Code Regs. Tit. 19, § 2955

1. New section filed 10-19-90 as an emergency; operative 10-29-90. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 2). A Certificate of Compliance must be submitted to OAL by 2-26-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-7-91 as an emergency; operative 3-7-91. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 16). A Certificate of Compliance must be submitted to OAL by 7-5-91 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 1. (Register 91, No. 16).
4. Readoption of emergency filed 3-7-91; operative 3-7-91. Readoption filed 7-2-91, pursuant to Government Code section 8682.9; operative 7-2-91 (Register 91, No. 40).
5. New section refiled 10-30-91 as an emergency; operative 10-30-91 (Register 92, No. 6). A Certificate of Compliance must be transmitted to OAL 2-27-92 or emergency language will be repealed by operation of law on the following day.
6. New section filed 9-30-92; operative 10-30-92 (Register 92, No. 41).
7. Amendment of subsections (b) and (d)(6) filed 8-30-2001 as an emergency; operative 8-30-2001 (Register 2001, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-2001 order transmitted to OAL 12-26-2001 and filed 2-8-2002 (Register 2002, No. 6).
9. Change without regulatory effect amending subsection (b)(6) filed 12-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 51).
10. Amendment of subsections (a)-(b), (b)(3) and (b)(6) and new subsection (b)(10) filed 11-14-2008; operative 12-14-2008 (Register 2008, No. 46).
11. Change without regulatory effect amending subsections (b)(6) and (b)(10) and NOTE filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
12. Change without regulatory effect amending subsection (b)(10) filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).

Note: Authority cited: Sections 8585 and 8682.9, Government Code. Reference: Sections 8585, 8685 and 8686.4, Government Code.

1. New section filed 10-19-90 as an emergency; operative 10-29-90. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 2). A Certificate of Compliance must be submitted to OAL by 2-26-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-7-91 as an emergency; operative 3-7-91. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 16). A Certificate of Compliance must be submitted to OAL by 7-5-91 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 1. (Register 91, No. 16).
4. Readoption of emergency filed 3-7-91; operative 3-7-91. Readoption filed 7-2-91, pursuant to Government Code section 8682.9; operative 7-2-91 (Register 91, No. 40).
5. New section refiled 10-30-91 as an emergency; operative 10-30-91 (Register 92, No. 6). A Certificate of Compliance must be transmitted to OAL 2-27-92 or emergency language will be repealed by operation of law on the following day.
6. New section filed 9-30-92; operative 10-30-92 (Register 92, No. 41).
7. Amendment of subsections (b) and (d)(6) filed 8-30-2001 as an emergency; operative 8-30-2001 (Register 2001, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-2001 order transmitted to OAL 12-26-2001 and filed 2-8-2002 (Register 2002, No. 6).
9. Change without regulatory effect amending subsection (b)(6) filed 12-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 51).
10. Amendment of subsections (a)-(b), (b)(3) and (b)(6) and new subsection (b)(10) filed 11-14-2008; operative 12-14-2008 (Register 2008, No. 46).
11. Change without regulatory effect amending subsections (b)(6) and (b)(10) and Note filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
12. Change without regulatory effect amending subsection (b)(10) filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).