California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 1 - State Public Assistance Program › Section 2955 - Public Buildings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.