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HomeMy WebLinkAboutCC 3 HOUSING REHAB 12-05-83DATE: FROR: SUBJECT: December 5, 1983 CONSENT CA~.~.NDAR NO. 3 Inter-Corn Honorable Mayor & City Council Members Community Development Department Proposed Contract'for Housing Rehabilitation, Housing & Community Development Act of 1974 {HCD) Enclosed is the proposed contract for the HCD Act which implements the housing rehabilitation portion of our 9th Year application. The County will administer and implement our Housing Rehabilitation Project which will not exceed $75,000. The City Attorney has reviewedI the contract and finds it satisfactory. RECOHHENDATION Approve the contract as submitted. MAC:ih TITLE OF PROJECT: 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 27 19 and Contract No. C40007 COUNTY OF ORANGE ENVIRONmeNTAL MANAGEMENT AGENCY HOUSING AND COI~4UNITY D~%~ELOPMENT CO~TRACT Rehabilitation of Private Properties (I15.1) MEMORANDUM OF CONTPACT entered into this day of , BY AND CITY OF TUSTIN, a municipal corporation, hereinafter referred ~o as CITY o COUNTY OF ORANGE, a political subdivisio~ of the State of California and recognized Urban County under the Federal Housing and Co~unity Development Act of 1974 (Public Law 93-383), as amended, hereinafter referred to as COUNTY. W~.REAS, COUNTY and CITY previously entered into a Cooperatio~ Agreement, dated November 24, 1981 in which both parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance activities, and W~REAS, the CITY has submitted to the COUNTY an application for funding of a project hereinafter described, and W~I~EAS, the COUNTY has entered into separate agreement dated August 2, 1983 with the U.S. Department of Housing and Urban Development (hereinafter designated as HUD) to fund said project under the Housing and Co~unity Development Act of 1974 (Public Law 93-383), as a~ended (hereinafter referred to as ACT). WHEREAS, the COUNTY has established a Home Improvement Program and has entered into individual agreements to administer said program with HUD, California State Department of Housing and Cc~m~unity Development and a local lending institution(s), and W~REAS, the CITY has requested COUNTY to implement the CITY's Housing and Community Development Project entitled Housing ~mhabilitation and funded from Block Grant funds (I15.1) for ($75,000.00). Contract No. C40007 Nm, THEREFORE, IT IS ~JTUALLY AGREED by and between the parties that ~e fo~i~ p~ovisions listed as ~ as all a~licable F~eral, S~te ~d ~unty laws ' and regulations includi~g the at2ach~ SPEC~ P~ISI~S, identified as ~hibit ~A', ~d Exhibits 'B' an~ 'C', are ~rt of ~s ~ntract. 1. The ~Y will ad~nister CI~ ~BG rehabilitation f~ds to ~lemen~ ~e Housing ~habilitation Project des=ribed herein as project, which will pr~ide l~-interest l~ns, deferr~ pa~ent l~ns, grants or re~tes for home ~prove~nt 6 7 8 of privately owned properties primarily in the CITY's target area and spot housing 9 rehabilitatio~ within the CITY's boundaries (see attached map Exhibit 'B')', in 10 accordance with the COUNTY's Ho~e I~provement Program (see Exhibit "C" of this 11 Contract) as approved and amended from time ~o time by the Board of Supervisors. 1~ The project is to primarily benefit low- and moderate-income families. 13 2. The total project funds, available for loans, grants a~d rebates and. 14 administrative costs hereinafter provided for in Section 5 of this Contract will not 15 exceed $75,000.00 (Seventy-Five Thousand Dollars and no/100). It is agreed by all 16 parties that all funds shall be expended prior to December 31, 1984 . 17 3. The CITY agrees to advertise the program and to provide outreach efforts 18 to prospective clients on an ongoing basis to promote loans, grants and rebates from 19 available project funds. In the event that all funds for this project are not 20 expended by December 31, 1984, this Contract may be terminated at the discretion of 21 the co~Y. ~ 4. The CITY agrees to provide appropriate office space to the COUNTY, as 23 needed for the project, including use of a desk and a telephone. ~ 5. The CITY agrees to pay from p~oject funds identified in Section 2 of 25 this Contract administrative charges for costs incurred by COUNTY staff not to 26 exceed 20% of the total project funding a~ount stated in Section 2 of this Contract. 27 6. Whenever available and feasible, funds may also be used to administer ~ the CITY's HUD 312 Program. Other funding sources once approved by the Board of Contract No. C40007 I Supervisors for the Home Improvement Program mey be added to this agreement by 2 mutual consent of the Director of COUNTY's Environmental Management Agency and the 3 city. 4 7. All program income pursuant to 24 CFR 570.506 (c) which may be derived 5 from funding through this contract will be allocated to and will be used to further 6 the Countywide Rehabilitation Program. 7 8. Neither COUNTY nor any officer nor employee thereof shall be responsible 8 for any damage or liability occurring by reason of any action or omission of CITY or 9 its agents, associates, contractors, subcontractors, materialmen, laborers, or any 10 other persons, firms, or corporations furnishing or supplying work service, 11 materials, or supplies in connection with CITY's performance of this Contract and 12 from any and all claim~ 'and losses accruing or resulting to any persons, firm or 1~ corporation for personal injuries or property danmge resulting from or as a 14 consequence of, CITY's performanc~ of this Contract under or in connection with any 1§ work, authority or Jurisdicticm delegated to CITY under this Contract. It is also 16 understood and agreed that, pursuant to California Government Code Section 895.4, 17 CITY shall fully indemnify, defend and hold COUNTY harmless from any liability 18 imposed for injury (as defined by California Government Code Section 810.8) 19 occurring by reason of any action or omission of CITY under or in connection with ~0 any work, authority Or jurisdiction delegated to CITY under this Contract. CITY 21 shall act in an independent capacity and not as officers, employees or agents of 22 COUNTY. 23 9. Neither CITY nor any officer nor employee thereof shall be responsible 24 for any damage or liability occurring by reason of any action or omission of COUNTY, 25 its agents, associates, contractors, subcontractors, materialmen, laborers, or any 26 other persons, firms, or corporations furnishing or supplying work, service, 27 materials, or supplies in connection with COUh'fY's performance of this Contract and 28 from any and all claims and losses accruing or resulting to any persons, firm or --3-- Contract No. C40007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 corporation for personal injuries or property ~a~ge resulting from or as a consequence of COUNTY's performance of this Contract, under or in connection with any work, authority or jurisdiction delegated to CO~TY under this Contract. It is also unde=stoo~ and' agreed that, pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by California Government Code Section 810.8), occurring by reason of any action or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Contract. COUNTY shall act in an independent capacity and not as officers, employees or agents of CITY. 10. In the event of CITY's failure to complywith the provisions of this Contract, COUNTY may withhold funds and/o= allocate funds to another activity considered by the COUNTY to be in complience with the Act. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -4- Contract No. C40007 1 2 3 4 5 6 7 8 9 10' 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 IN WITNESS T-K~EOF, CITY has caused this Contract to be executed by its Mayor and attested by its Clerk and COUNTY has caused this Contract to be executed by the Chairman of the Board of Supervisors and certified by its Clerk, all having been duly authorized by the City Council of CITY and the Orange County Board of Supervisors. CITY OF Tu~TIN Dated: By Mayor City Clerk COUNTY O~ OP~NGE, a political subdivisio~ of the State of California Dated: By SIGNED AND CEI~IFIED THAT A COPY OF THIS DOCUMENT ~A~ BEEN DELIVERED TO · l.~~. c~RIRMAN OF THE BOARD. Chairman of the Board of Supervisors COUNTY J~JNE ~TmXANDER Clerk of the Board of Supervisors of Orange County, California APPI~0V~D AS TO FOI~M= ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFOI~NIA BR:ktbDH24:12 -5- F.xhib.. '&' to COUNTY/CITY Contract · SPECIAL PROVISlOHS &. Section 3 - Ccgpliance With the provision of T=aininq Employment and Bus,ness ~r tunity ~e ~ shall cause o~ r~i~e to ~ ~ert~ in full in ~1 ~n~racts ~ s~nUa~s fo~ wtk ~imc~ In ~le or ~=t wi~ f~eral ~8is~ pr~id~ ~de= ~ts ~ntrect, ~e S~lon 3 clause set for~ in 24 ~R 135.20(b). The ~ wi~ pr~i~ such ~ies of 24 ~R Pa=t 135, as My ~ n~essa=y for ~e info=~ion of ~ties to ~nt=acts =~ired to ~ntain ~e said Section 3 clause. S~tion 3 r~t~es ~hat to ~e greatest ex~nt feasible, o~tat~ies for ~ainlng and ~lo~nt ~ Mde available ~ 1~ in~ residents within the ~i~ of 1~ g~er~nt o~ setro~lt~n area (or n~-~e~ro~lttan ~ty), in which ~e pro~ect is ~at~. In a~i~ton, ~ ~e greatest extent f~sible, ~nt=acts for w~k in ~m~tion with the p=oj~t shall ~ awa=d~ to ~siness ~xe~ns which are l~atg in, or in substmtial pa=t ~ed ~, pe=~ns =esidin9 in ~he s~e uni~ of 1~ q~e=~ent or ~tro~lt~n a=ea (or n~t=o~liUn ~unty), in which the p~oj~t is lo~t~. ~ ~ti~s ~ ~ts ~nt~lct ~ill ~1~ wi~ ~ p=ovisions of said Section 3, and ~e regulati~a issug ~rsuant ~e=eto ~ ~e S~re~afy of Housing a~ Urban ~vel~ent set fo~ in ~4 ~ 135, a~ all a~ltcable rules a~ orders of ~e ~=~nt issu~ ~ereu~e= prior to ~e ~ecutton of this contract. The C~ shall take a~opriate scrim ~=s~nt to ~e s~ntract u~n a finding ~e s~nt~acto= is in vio~tt~ of rWulatioas issug ~ ~e S~=eta=y of ~ouain9 ~ U~m ~l~nt, 14 ~ 135. ~e ~ntrac~= ~ill not s~ntract with any ~n~rac~ ~e~e l~ ~s ~ti~ o~ k~lgge ~at t~ lette~ ~s ~n fo~d in vi~ lation of r~ula~io~ ~der 24 ~ 135. The ~ttes to ~is ~nt~act ~=tify a~ agree ~t ~ are u~er ~ coflt=~tual or ~= dis~illty whi~ ~uld prevent ~ ~ ~lyi~ wi~ ~ese r~ireMnt8. (S~r~ Vol. 38, No. 203, Title 24 Page 1 of 13 1 B. Bclual BBOlovuent OE~or~:unit~ 2 In ~urrying ouC the program, the CITY shall no~ discri~Lna~:a a~ains*: any' 3 eupLoFue o~ 8pp~i~nn~ foe employmen~ be~aus~ of =ace, ~olo~, rsligia~, sex ut wi~u~ r~a~d ~ ~eL: =a~, ~r, relLgL~, m or ni~oM1 or/gin. Such ic~Lon 10 ~e ~ sh~ ~ in ~A~ plus, avaAl~le ~o ~X~e~ and a~XAcn~s fo~ ~is n~isc=~na~ion chuse. ~e C~ abel, in all so~cita~iO~ or ~=~i~n~s ~o= ~l~s pla~ ~ oz on ~half of ~he ~, s~a~e ~a~ all 14 ~lifi~ a~li~s will r~i~'~ide=a~ion ~o~ e~l~n~ wi~ut =~az~ to ~a~, ~1~, .=eligion, sex ~ ~ioflal o~igin. ~e CX~ s~ll An~a~e ~e ~ ~ ~x ~X~n~ ~c~A~ c~uXa~i~ 24 ~ Pack 130 as a~lA~ble ~o ~ aasis~ ~ns~ue~Aon ~n~ac~. The ~ s~XA cause or r~Are ~o ~ ~er~ed Iff gull in a~ ~xe~ ~ ~ s~a~ foe ~~i~ ~ck oc ~i~ica~i~ ~he~, as de~in~ in. oaAd c~i~s ~Aeh is ~Ad ~or An ~le oc An p~ vA~ assAsU~e- under ~e ~~ ~e ~o~l~ ~1 ~t~A~ clause.* '~ri~ ~e ~c~o~ o~ ~b ~n~cac~, ~e ~n~rac~r agrees aa 1. The ~nC:ac~= gall ~ d/s~/~e ~ai~ any e~l~ee or Page 2 of 13 ! The contractor wil~ take a££1rBative acti°n to ensure that applicants, are employed 2 and that employees are treated during efuploymmnt, without regard to their race, 3 color, religion, sex, or. national origin. Such action shell include, but not be 4 limited to, the £ollowing= Employment, upgrading, demotion or transfer, recrui~ment 5 ~rtieing', layoff or termination~ rates of pay or other £onns of compensation and 6 selection for training, including apprenticeship. The contractor agrees to post in ? conspicuous places, available to euployees and applicants for employment, notices to 8 be provided by the CITY setting f[orth the provisions of[ this nondiscrimination 9 clause. 10 2. The contractor will, in all solicitations or edvertieenents 11 employees placed by or on behalf[ of the contractor state that all qualified 1~ applicants will receive consideration f[or emplo~nent without regard to race, color, 13 religion, sex or national origin. 14 3. The contractor will. send to each labor union or representative of[ 15 ~orkers with which ha has · coL~ective bargaining agreement or other contract or 16 understanding, a notice advising the said labor union or worker's representatives 17 the contractor's c~muitmuent under Section 202 of[ Executive Order 11246 of[ September 18 24, 1965, and sha~l po~t copies of[ the notice in conspicuous places available to 19 employees and applicants £or employment. ~) 4. The contractor will comply with all provisions of[ Executive Order 21 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the ~ Secretary of[ Labor. 2~ 5. The contr&c~or will furnish all information 'and reports required 24 uvecutlve Order 11246 of[ geptember 24, 1965 and by the rules, regulations and order 25 of the Secretary of[ Labor or pursuant there~o and will pern~t access to his boo, s, 26 records and accounts by the DeparUuant and the Secretary of Labor 27 investigation to ascerUin conplionce with such r~tas, regulations and orders. 28 6. In the event of the contrecto~*s nonccupliance with the Page 3 of[ 13 1 4 6 ? 9 10 11 12 13 14 16 17 18 19 2O '2/ nond:iscrAn:tnstJ, cm cJJuses of this ~m~tract or with any of suc'.b rules, regulations or orders, 'chis c~ntcact nay be oa:'lceled, tezl:Lnated oc sutpended A'n rifle' oz: :In pac~ and 'the contrac, tor My I:qm dec3.mred :Lnel'lgible for fur'~.ht~ GoveFJment contracs-.s or £edera3~y assisted ~ru~iQ~ ~c~t:lct in ac~ordin~u with pro. edgiEst authorized in Bz~u~LVI Order ~3~46 of Sep~lber 24, 3~965, or by ru~es, regu~u~Lons or order of the Se~:etar~ of L~bor or as ocAervise prov4ded by ~v. 7. The =on~zac~or will in~ude the por~Lon of the asntenoe Lm.ediately proc~eding persgraph (1) beginning with the Words "During CAe perfoEnance of..." and CAe provisions of p~ragrap~s (1) cAr~gh (?) An every subcont:ect or purchase order unless exegp~ed by rules, regulations or orders o£ CAe SeoreU~/ of ~ubor issued pursuant to Section 204 of CAe Bxecu~ve Order 11246 of September 24, 1965, os ~J~et such provisions vi~ be binding ~xm each subcontractor or vendor. The contractor vA~ ~a~e such ectAon with respect to an~ subcontract or purohase order as the Department .may direct as a Mans o£ an£orcincj such provisions, including, sanctions ' for nonco~plt~nce~ provided~ ho~ver~ that in ~e event s contractor beconms involved in, or As threatened with, litigation with a subconCrao~or or vendor as a result of such direction by cae Depert~ent cae oontracCor Bay request cae United States to enter into such litigation to protect the interest of the United States. The CITY further agrees that At will be bound by the above equal opportunit~ clause with respect to i~a sun eeployment practices when it participates in federally assisted cons~.ruction work. The above equal opportuniL~ clause is not applicable to any agency, instrumentality or subdivision of such CITY which does not participate An work on or under the con.act. The CITY agrees cast At will assist and cooperate actively with C0Ol~Y0 n~ and cae Secretary of Labor An obtainin~ the cmq~liance of contractors and subcon~.~ac~ors vi~h the equal opportunity clause and the rules, re~vlations and relevant orders of the Secreta~ of Labor~ that At will furnish the C0~liTY, HUD and the Secrst~my of Labor such inforaatioa aa they Bay require ~or the supervisions of Page 4 of 13 3 ~e ~ fu~e~ ~s ~at 2 W~ll ~ef~ain ~ ente~i~ in~o any 4 ~a~ o~ ~n~t ~i~i~2i~ sub, ecS ~ ~i~ Orde~ 11246 of ~ep~e~z 24, 7 ex~utive oEder .and will ce~ out sua sections a~ ~lties io~ viola~ion oi ~al ~taity clause as ~y ~ ~8g ~ ~t~ac~rs and s~nt~acto~s by 10 Iff addition, ~e CI~ agrees ~a~ if It ~ails o~ ~efuses to ~ly wi~ ~ese 11 ~de~takinOs, the ~Y ny ~ke any oE all at the toll~i~ ictio~ Ca.el, terninate or suspend in w~le o~ in ~t ~e 0~m~ o~ lmn OuaEmtes~ ~ef~ain f~ 13 exte~tng any ~ur~er assts~e to ~e ClW under ~e pr~ra~ wi~ reset to which 15 has ~n ~eivg f~ such ~~. (~u~= l/~ F~din~ Ag~e~nt ~4 a~ 16 lxe~ive Orde~ 11246, ~a~t II, S~art B, i~ti~ 202) 1~ C. F~eral ~r Sta~a~ds 18 ax~pt ei~ re~t to ~e rehabili~tion of residential pro. fry 19 design~ Io~ residential u~ ~o~ less ~ eight ~ailits, the ~I~ nd iii ~ ~nt~ac~rs engaged undeE ~nt~acts In ex.ss o~ $2,000.00 (~ T~use~ ~lla~s and 21 ~/10o) to~ ~e ~nstructl~, pros~ution, ~letton o~ ~epeir at any building o~ ~ ~rk fl~ed tn w~le or tn part wi~ assts~e pr~td~ un~ ~ta ~tract, ~ ~11 ~ly wi~ aO~ ~i~fl~ ~f~lni~ ~ such c~t~aots ~d ~e a~licable ~ r~irmnts al ~e E~ati~ o~ ~e ~nt o~ La~ ~deE 29 ~ Pa~ 3 ratio of a~rentt~s a~ trat~s ~ }~n: Pr~id~; ~lt if wage rates ~ing here~eE il lnte~ to ~eli~ ~e ~ of itl obligation, if any, to P~ge 5 of 13 z~izmn~ of 29 ~ S.S ~ fo= s~ ~u~a~s ~ ~mm o~ ~XO,OQO, 29 ~ Sm.3. 11 ~ra~, ~ ~lete by ~e Cit~ ~gin~r or ~e DZ~E og P~ic ~rkm. 14 ~e. ~ in ~y act~vi~ dZ~ec~y o~ iMZ~t~y ~i~d 15 ~tract, a~l~ ~y ~6 1. T~o ~ o~ ~e C~v~l R~gh~J ~t o~ 1964 (P~. L. 88-352), and 17 ~e ~la~ tssu~ ~rs~t ~e~e~ (24 ~ Par~ 1}, which pr~dem Ms~ ~ ef~tuate ~ia usur~e. X~ ~Y ~ pr~r~ or .~u~ure ~er~n tn ~d~ or ~r~ wt~ ~ aM o~ Y~era~ ~a~ ama~s~ ~tend~ to a~$s~e is ~e~, or for ~er ~ $~ivi~ ~e provision of Page 6 of 13 ! 3 4 5 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 2. Title'VXl! o£ ~he Civil RiGhts Act of 1968 (Pub. L. 90-264), as aoended, aduinistering ~ proem ~ a~ivitiea ~elatin9 ~ ~i~ and ~untty ~ a~t~ti~ly ~er iatr ~t~ in ~e ~le or renal of ~stnq, ~e 3. S~tton 109 o~ ~e B~tn9 ~ ~~ ~elo~nt ~t of i974, ~d ~e r~ulatio~ issu~ pursuit ~ereto (24 ~ Part 570.601), ~tch p~ovides ~at no ~rson in the United S~te~ sh~l on ~e Grounds o~ race, color, ~ti~al o~lqin, or sex, ~ exclud~ fr~ ~rticipation in, ~ deni~ ~e ~nefits o~, or ~ s~J~ted to dAscr~1natton under, any pr~r~ of aCtiv~y ~d~ in w~le or in part wi~ ~ds Provided u~er ~is Part. 4. ~ti~ Order 11063 on ~1 ~rt~ity in ~usinq a~ ~discr~nati~ in ~e sale or rental oE ~usi~ built wi~ F~eral assis~ce. (Soug~: Vol. 43, No. 41,'Title 24 ~ P~t 570.307(L 1-4)) E. ~ssib~litv~sabilitv o~ Facilities a~ BuildinGs for Phvsically HandicapPed The CITY in an~ activity directly or ip~itr~ctly financed under this contract shall require eve~ b~ildirq or £acility (o~her ~han a privately owned residential structure) designed, constructed, or alteged with funds p~ovided under this Part to c~ply with the 'American Standard Specifications for Making BuildinGs a~d Facilities Accessible to, and Usable by, the Physically Handicapped,' N,~er A- 117.1-R 1971, subject to the exceptions contaXned in 41 CFR 101-19.604. The CITY wiX1 be responsible for conducting inspections to inau£e compliance with these specifications by any contractor or lubcontraotor. (Source= 24 (~R Part 5?0.30? (X)) F. Rolcoation 1. The CXTY in any activity directly or indirectly [imanced under this contract shall.** a. To the Greatest extent pzacticeble under State law, c~mply PaGe 7 of 13 5 - b. ~nfo~ ~f~ ~rm of ~e~= =igh~ ~ of ~e 7 sT0.602(b). 11 ~ ~lMntlng g~atto~ a~ 24 ~ ~ 42 ~ 570.602 (a) ~ 14 . displaced aa a.result of acquisition of cna1 property/ ~or an activity aseisted under 15 the Cc~unt~ D~velopuent Block Grant Prog:am. ~Such payments, and assistance' shaZ! 16 be provided in a ~air and consistent and equitable naonar ~hat ~nsuges that the 17 ~elocat~on process ba not testat ~n dif£erent ac Separate treatneflt o~ such 18 per~ons on account of race, color, ral~gion, national origin, sex, or source o~ 19 intone; 20 3. AHure that, vithin m reasonable period of tine prior to 2~ diaplmnt,, ccsq~nble decent, a~fa and anginal/ rnplmnt hllings rill be 22 avaRabl, to alt displeced fan,lies and ~ndividuala and ~__h_R the range of cho~ces 24 natimmZ o~igin, seX, or source of incone~ and ~,~ 4. Znforn n££ected persons o~ the ralcoatico assistance, policies ~6 ~ procedural Set :forth in '..he rlgu.~.ationl at 24 CPR Part 42 and 570.602(a). 27 (Source: Vol. 43, Bo. 41 Title :24 C~ Part $'~0.307 (n & o)) 28 G. Lend-Baaed Paint Haznrd~ Page 8 o~ ~3 1 The constructio~ or rehabilitation o£ residential structures with 2 assistance provided under this Cont~a~c ia aub~ect to the HUD Lead-Base Paint 3 re~u~atio~l, 24 CFR Part 3S. Any grants or loans made by the CXTY o£ work pe££o~ned 4 by the CXTY £or the rehabilitation of residential structures vith assistance 5 pr_o~ided under this Contract shall be made sub~ect to the provisions £or the 6 alinination of lead-base paint hazards under su~part B of said raguletions and the ? Cl~Y shall be responsible ~or the inspections and certifications required under 8 Section 35.14 (E) thereof. (Source: H/CD Funding Agreement 05 and 24 CFR Part 35) 9 H. Flood Disaster l0 This Contract is sub~ect to the requirements of the Flood Disaster 11 Protection Act o£ 1973 (P.L. 93-234). No portion of the assistance provided under 12 this Contract is approved for acquisition or construction purpnses as defined under 13 section 3(a.) of said Act, for use in an area identified by the Secretary as having 14 . special flood hazards, which is located in a commnity not then in compliance with l§ the requirements for participation in the national flood insurance proqrmn pursuant 16 to Section 201(d) of Said Act; and the use of any assistance provided under this 17 Cont.~act for such acquisition or construction in such identified areas in 18 .~==,~nities then participating in the national flood insurance proqram shall be 19 sub~ect to the mandato~y purchase of flood insurance requirements o[ Section 102(a) 20 of said Act. 21 Any contract or Agreement £or the sale, lease or other transfer of land 2~ acquired, cleared, or improved with aasiatanoe provided under this Contract shall 2~ oontain, ii such land ia looated in an area identified by the Secretary aa having 24 special flood hazards and in which the sale of flood insurance has been made · 5 available under the Natiofml Flood Xnsuran~e Act of 1968, as a~ended, 42 U.S.C. 4001 26 et seq., provisions obligating the transferree and its successors or assignees to ~7 obtain and maintain, during the o~nership of such land, such flood insurance as 28 required with respect to financial assistance for acquisition or ccnstruction Page 9 of 13 1 lm:"l)oles unde~ Section lO2(&) of ~he FLood Diual~.er ~zo~Lon ~ of Xg73. Such ~e~ ~ ev~tL~ of ~ ha~rd8 8 TL~e 24 ~ 570.307(~)) 9 X. ~Xiw vi~ Air a~ Wa~e~ ~n~aet8, ~e ~ol~fng ~f~n~s (p~ovid~ s~lo~ not ~~ $~00,000.00 (One Hundr~ ~and ~s ~ ~/100) are 1~ ~is ~tzact is s~t to 16 mnd~ 42 mC ~8S7 et s~., ~e Y~eEa~ Ware: Po~ut~on Cont~ ~, ~ ~end~ 33 ~a~ac~on ~ere~de: ~d~ vA~ assAsU~e pr~id~ ~dez ~is ~nt:act, the 1; i 8tt~hti~ by ~e ~nt=~= or I~n~ac~zs ~t any facility r~ir~nts of S~li~ 114 of ~e CII~ At: Ac~, ~ ~g (42 ~C 1857~8) and P~o 10 of 13 ! Section 308 o£ the Federal IMter ~ollution Control .Act, al amended (33 I~C: 1318} 2 relating to ~n~-~i~, ~onitoring, ent.~, zeporta ~xl info-'mit:Lon, aa yell aa all 3 other recluLre~ents spe~i£ie~ In s&id Section ll4 ~n4 Section 308, .nd 4 zegulation8, and guidelines lslued thereunder. 5 - 3. A stilmlation that aa a conditioa for the a~ard of the contract 6 prompt. ~otice vii1 be given of any notification received frCm the Director of the 7 ~PA, Of£ice o£ Federal Activities or an~ agent o£ that o£fice, that a 8 utilized or to be utilized for. the contract is under consideration to be listed on 9 the ~PA list of Violating Facilities. 10 4. ~n Agreement by the contractor that he will include or cause to be 11 included the criteria and requirements in paragraph (1) through (4) of this section l~ in every non-exert subcontract amd requiring that the contractor ~ill take such 13 action as the ~overr~ent may direct as .a means of enforcing such provisions. 14 In no event shall any amount of the assistance provided under this 15 contract be utilized with respect to a facility which has given rise to a conviction 16 under Section 113 (c) (1) of the Clean Air Act or Section 309 (c) of the Federal Water 17 Pollution Control Act. (Sourest H/CD Funding Agreement 18 ~. Management Compliance ~9 The CXTY in any activity directly or indirectly financed under this ~0 con~xact shall ccsapl2 with the. regulations, policies, guidelines and requirements ~1 0~ Circular ~o. A-102, Revised, and Federal ~ansqe~ent Circular 74-4: Cost ~ principles applicable to grants ar~ cont~acta vith State and local governments, and ~ Federal Nanagmnt Circul~ ?4-?s Uni£or~ ~d~inis~xative Require~ents for grant-in- ~4 eld to State a~d looal qover~enta aa they r~l&te to the application, · 5 ad~inist~ation, acceptar~e and use of Federal funds under this Pat. (Source: Vol. ~6 43, No. 41, ?itle 24 CFR Part S?0.30?(g)) ~7 I. Obliqations of coatractor with aespnct to Certain Third Party ~ Relationships Page 11 of 13 9 ~ez S~A~ 104(h) of ~e H~ing ~ ~i~ ~el~n~ ~ o~ 1974. (Sou~ ~0 H/~ ~i~ ~r~n~ 09) ~ L. Xn~eres~ of ~rtsifl F~eral Official~ ~ ~nef~ ~ arise ~m ~6 ~erninq n~ Or ~e~ P~c Officia~s ~7 ~ ~r, off~r or ~e of ~e ~ or C~ or ~ design.s or 18 ~ents. ~ M~r of ~e 21 ~or o~ ye~ ~ea~r, s~l h~ any interest, dl~t o~ t~iz~, in any ~~ v~ ~e ~r~ (~= a/~ ~ ~r~n~ Jli ~ Vo~. 43, ~. 4~, T~o 24 ~ 570.307 (p)) ~. ~roh~bi~ion payment of any __~_un or ~©amiseion £or ~.e puL~oae of ~ininq ~ a~rova~ ~is~ of ~ o~ ~r~al or ~c~ of ~ r~i~ed ~ this pz~id~, ~, ~ zea~le f~s or ~ ~i~ ~hnical, ~sul~t, ~erial oz o~er 'such ~zvi~s, o~e~ ~n ~l ~licita~ion, ar. not he~eb~ prohibited if otherwise eligible as pr~jran coat. (Source: H/CD Funding Agceement O. Hatch Act Coupliance The CITY and COUNTY shall ccs~ly with the provisions of the Hatch Act 6 ? i0 which limits ~he political activitT of e~ployees. (Source: Vol. 43, No. 41, Title ii 24 cz~ p=t 570.307 ~ P. ~finiti~s 13 T~ou~out these S~ial Provisio~ ~e ~ing of ~rds s~ll be that 14 Maninq given ~ ~e act, ~ulation, ~ecutive. Order, F~e~al ~naqement Circular, ~5 ~reeMnt, or ru~e cited herein as 2he ~u~ fo~ the s~tion in which ~he word ~6 a~ars. (Sour~ O~a~e ~unty I7 9. ~ ~8 F~e~al ~9~nt Cl~laf 74-7 has b~n fepla~d e~ Off~ o~ 19 ~ge~ent and Buret ~ /// 21 /// ~ /// ~ /// ~ /// ~ /// ~ /// ~ /// ~ /// ~: k~10:18 P~ge 13 of 13 755. CITY OF TUSTI~I ENVIRONMENTAL MANAGEMENT AGENCY I ! 1, ,at' ~ · EXHIBIT "C" POLICY CO(~TY ~F ORAHGE ENVlRGHHE~TAL ~AHA~HT A~CY HO~SZNG/~O~JNITY DEVELOPMENT PROGRM4 OFFICE 1200 N. Main Street, Suite 600 San'- Aha, California 92701 Approved by the Boe=d of Supervioo~s May 10, 1983 POLICY MP~qUAL Table of Contents Pa~e ~ane=a! Provisions Sect~ 1 Sect/on 2 Section 3 Section 4 APPRHDIX A LOWIHTERRSTLOAHS 1.01 Low Interest Loans 1.02 Rligibilit~ Requirements 1.03 Rental Property 1.04 Mobilehcune 1.05 ~ltcant'a In~o~e 1.06 FHA Title I Insurance 1.07 Eligible In~rovenents 1.08 TenporaL-yblocationAssistance 1.09 Processing L~w Interest Loans i. IO T~uth-In-nending Requirements u~m~DPA19~T LOAHS 2.01 Deferred PaymentLoans 2.02 Approval of Deferred Payuent L~BnS 2.03 Rligibility Requirements 2.04 Applicant's Income 2.05 Eligible Improvements and Costs 2.06 Tef~ofary Relocation Assistance 2.07 Processing Deferre~ Payment Loans SPOT ~BILITATION LO~NS 3.01 Spot Rehabilitation Loans 3.02 Processing of Spot Rehabilitation Loans ~ABZLZTATIONG~.%~S 4.01 Rehabilitation Grants 4.02 Processing Rehabilitation Gcants PI~OPERTY REHABILITATION STAN/IqRDS 1 2 4 5 5 7 7 8 10 15 16 16 17 17 19 19 20 20 20 21 22 · eneral P~ovision: A. Purpose of Program The Home I~pzove~ent pro~ran provides below Barker interest rats loans and grants to rehabilitate residential properties throughout unincorporated a~eea o£ Orange ~ounty, and in particular areas designated by the Housin~ and Ccgmunity Develol~ent Program Office (H/CD) end approved by the U.S. Department of Housing and Urban Developnmnt (R~D). The primary ob~ectives are to up~rade and preserve viable urban communities to principally benefit persona of low/n~derate tacom. B. Distribution of Funds The rehabilitation and preservation of housing is one of the key eligible activities permitted and encouraged by the CDBG Act. The County Board of Supervisors, in keeping with the intent of the legisla~ion, authorized a significant portion o£ its annual CD~ funds to be used for a Houe Improvement P~o~ram. & minisnm of 70 percent of these approved H/CD funds shall be reserved for loans and grants to low/moderate lncoue, qualified applicants, and a maximum of 30 percent to other qualified target-aran residents. C. Funding Sources Ma~or funding co.es fro~ the Housing and Co~nuni~y Development Block Grant Act (C~BG) of 1974, as ~nded, ~ ~e Unit~ S~tes ~using ~ Urb~ ~velo~nt ~par~nt (~). ~itional funding ~u~ce8 ~y include, but not ~ l~t~ ~, o~ez f~e~al az state as availabla, plus pzivats funds ~i~ ~y ~esult f~ leve~agin~. ~en ne~ssa~y, o~ o~ ~e funding ~uzces ~y ~ ~ ~ c~e~ the enti~e ~st of Eehabili~tinq a ~rticular housing unl~(s),. D. Al~licabilitY of Other Federal/State Regulations ~hila alt rehabilitation loans are subject to the requirenents of this manual, there are special provisions and limitations on the making of rehabilitation loans depending on the tl~e of pro~ect or program area. Consequently, in addition to the provisions of this Policy Nanual, rehabilitation loans Bade on property under this program are subject to the rules and re~uhtions of the CDBG Act of 1974 as amended, by HUD, and regulations governing the use of other state or federal funds which nay bec~ne available. Financial Institutions The Board of Supervisors approved agreements with tw~ financial institutions, which enables low/moderate income clients to receive low interest l~ans for rehabilitation of single-family and multi-family units. The Board Bay approve additional financial institutions, as approved by HUD, to participate in this program. The County o£ Orange and the financial instituliona shall Baintain on application £ile Eot each application it processes. The · ainteined at the £inanciml institution shall be ~epafate £rom, in ad~itio~ to, a~y other ~ile ~aintaine~ b~ the County o[ Oranqe. C~piea of the finoncial institution's files shall be sade available to the County of Orange, HUD, oE appropriate state or federal officials, upon an appropriate request. Author it¥ The Director of the ~nviro~ental Management Agency (~), is re~flsible H/~ PE~r~ Otfi~ ~a ~en designat~ ~ ~e Di=~= ~ ~ ~e~nsible fez ~e ~ I~E~nt Pr~r~. ~e ~usinq P~z~ S~tion Chief My ~t ~ ~haif of ~e H/~ ~age~ if ~ desiqnat~. The above designated officials are authorized to execute documents necessary. ~o e££ectuate and further the purposes of the program; such as subordination agreements, aaaunp~ion aqre~uente and other inat~uments necessary to adjust security, all in accordance with the guidelines established in this policy manual as adopted by the Board of Supervisors. H. Subordination A~reenents Subordination aqreementa, assmuption aqreenents and other instr,~nents necessaEy to adjust eecu£ity can only be allowed when: 1. ~he revised total aeount of loans en~--~ered does not exceed 80 percent of the value of the property, os 2. M~dified transaction does not threaten the secured interest of the County. 3. Approval and authorization is obtained from the H/CD ~anager. 4. ~ified security agreements will only be authorized when it is n~essary to i~ple~ent the Program. Asset Limitations No loans or grants shall be ~ade to property o~ners whose net assets exceed $75,000. EXcluded fro~ the calculation of net assets subject to this provision, will be the pfincipal place of residence, household items and the value of an ownership interest in a shall business. This provision does not apply to landlords applying for rehabilitation of rental property. -ii- ~ Act of 1974 - Authorization The following sections outline the guidelines and policy procedures fog the County's llome Improvement Program. -=e~tion 570.202 ia the specific pgovision of the C~BG Act of 1974, as amended, which ~he County to make ~ funds available for home ~rove~ent purposes. Whenever the uae of funds and/or activity unde£ this program ia in doubt, Section .570.202 shall prevail. This Policy Manual supersedes the Home Imp£ovement Program Procedures Manual and all amendments and revisions p£eviously approved. This Maflual becomes effective immediately upon approval by the County o£ Orange, Board of Supe=viso=s. -iii- SRCTIOH 1. LOW I~T LOANS Section &. B® 1.01 Low Interest Loans Method The County ~akes ay&liable low interest loans to qualified applicants through finan~ial inatitu~io~s approved by the Board of Supervisors. Approval A rehabilitation loan ~ay be approved onlH when the following conditims exist: 1. An executed Grant Agreement exists between the County of Orange and HU~ under Title ! of the CDB~ Act of 1974, as mu~nded, and 2. R~ecuted agreement(s) exist between a financial institution(s) and the Count~ of Orang~ to t~ovide rehabilitation loans to propert~ owners, o~ 3. Ag=assents have been executed with other federal and/or state agencies to ~ake funds available to the County. C. Notification of Loan Decision Applicants will be notified of loan decision by the contracting financial institution after applications have been accepted and processed by H/CD. The H/CD office will retain in its ~iles the copies of notification to ~he applicant of loan decisiun by the financial Institution.' No rehabilitatiofl work ia to be performed prior to this notice by the financial institution and the County*s Notice to Proceed. In case of e~efgency health and safety condi- tions or special circumstances the N/CD Manager may authorize work to proceed prior to notification from the financial institution. D. Restrictions on N.--~er of Loans The nu~be= of lo~ interest or deferred palment rehabilitation loans which maH be made to any property o~ne= under the Home Improvement Pro, ram is one (1) unless waived in w~iting by the K/CD Manage=. Requests fo~ a waiver of this restriction shall be mede by the loan applicant, in w~iting, to the Manager. Requests to the Manager Bust be acccsspanied by the recommendation of the Rousing Progra~ Section Chief. If a request for a waiver of this one (1) 1can restriction ia denied by the Manager, loan applicant may appeal the decision to the Director of EMAc -1- Se~.ioa ],.02 ~J, iqibili~¥ R~luiresents property Bligibilit~ Requirements A rohabili~ati~ loan nay be nad. to properties locate~ within ~get ~oas ~sig~t~ in ~e ~ aZ Ornge H/~ Bl~k ~ ~ ~ ~e ~ ~/~e~a~ ~ ~a ~i~e o~ ~get e~eas, bu~ ~i~ ~ ~un~ un~o~rat~ a~ o~ cont~aotin~ ci~. ~e p~zty~st n~ ~ehablli~ti~ ~ ~ly wi~ ~e · ~ hh~lli~ation St~aE~s adopt~ ~ ~e Board of Su~zvi~zs, aa ~nded (A~ndix A). B. Applicant Rligibilit2 Requirements To be eligible £or a ~ousi~g rehabiliteti~ lcd-interest loan, the applicant ~,st ~e~s~ate ~ate ~ili~ to ~e~ ~e lo~, ~ ~ ~ai age, ~ Met ~ eligibili~ ~i~eli~s. A ~ehabill~tion lo~ ~y ~t ~ a~=ov~ ~ ~e ~i~cial ~stituti~ l~ t~ a~lic~t'a t~ocd ah~ a dis=~atd ~or~ cz~it ~ligati~s o= i~ ~ece is ~ i~ication o~ in~ili~ ~.ke ~ =~i~g ~nt. A loan applicant hast be the owner (s) of the property, or the purc~usor of the propert~ under a land sales contract or a~y similar contractual agreement for the l~rchaee of real-property. An applicant having a lea~e for a fixed term expiring not less than six. calendar ~nths a£ter the ~aturity of the loan ~ay, with the ~cez's consent, apply for a. loan. C. - Income Limits The Housing end C~munt~y Developnent Act of 1974, as amended, requires that prc~jra~ principally benefit persons of low/moderate inc~me (persons uakin~j 80 percent or loss of the County's ~edian income as defined by RUD). In keeping with the intent of tho legislation to benefit lo~/modorate income persons and preserve and up, rads neighborhoods, the following income requirements for participation in the pro~ram are established: Three interest rates are offered under the HGne Improvement Pro, finn: three (3), six (6), and nine (9) percent. i. Three (3) Percent Interest Loan Priority shall be given to applicants whose annual inc~e is within the lo~/~nderate income li~itations prescribed by ~UD. This income is equivalent to 80 percent of the median inc~e for the Anaheim-Garden ;rove-SafltaAna Standard Metropolitan Statistical Area (SASA). The median income for the SMSA area is updated periodically by H~D. This in~ome -2- li~itatio~ shall not &pply to inveetor-o~ners participating in the l~ntal Rehabilitation De~ouetration ~roq~am. ~he Count~ H/CD Pro~ra~ has identi£ied bM £o~al application to RUD specific target areas for concentrated ~e of ~ousing and Cc~aunit,y Develol~ent funds. ~pplicants, ~ho live within the delignated target area and whose income are at or below these ltnits ere eligible to apply for thzee (3) percent loans. Interest rates for Spot Rehabilitation loans ~ade oe.~side an approved target area Ihall also be three (3) percent ~or houecwna~e who neet the aO percent median lncoue criteria. The a/CD ~anager ~ay raise these income limits bM 20 percent upon ata£f comfir~ation o£ the existence of a health and sa£et~ hazard. 2. Six (6) Percent Xntereet Loan Since the County's goal is to i~prove the entire neighborhood within a designated target area, property c~ners whose income exceeds the 80 percent ~dian income criteria, b~t ia less th~ or st 100 percent of the ~edian income, a~e eligible to apply for a six (6) percent loan provided they live in a designated target area. Nine (9) Percent Interest Loan' For the sa~e lmrpose citied in D (2) above, property owners whose income exceeds 100 percent of the median i~come are eligible t~ apply £or a nine (9) percent loan provided they live in a designated target area. D. Loan ~ount The ~axi~um for a loan =-de shall be $45,000.00 for structures of one to three units. For four oF ~ore units.the ~aximum loan shall not exceed $15,000 per unit. A ~obilehome rehabilitation loan ~ay not e~ceed $10,000 unless waived in ~iting bM the H/CD ~uager. Refinance As allowed bM Section 570.202(c) (2) (ii) (B) of the Housing and Ccmuuntty Development regulations, refinanoin~ ~a¥ be permitted if it is necessary to c~nplete the rehabilitation work for low/moderate income applicants. The sectto~ reads that block grant funds may be used for 'Refinancing existing indebtedness secured bM & propert~ being rehabilitated if such refinancing is necessary or appropriate to the execution o£ the Co~muni~y Development and Housing Plan.' If refinancing is over 20 percent of the clients indebtedness, Housing Program Section Chief must obtain Nanager's approval. -3- The loan applicant is sub:tact to the same loan limits described in D above. For ref4~Ancins delinquent loans itt Section 1.09 (13). Section 1.03 Rental Property Rental properties nay be eligible, at the present t~ue, under three programs: The County*s Inveetor-i~ner Prosram, the Section 8 Hoderate Rehabilitation Prosrae and the Rental Rehabilitatiou De~otmtration Program. Other prosrama may become available vhen approved by the County Board of Supervisors. Rental Property A. County's Investor-Ovner Proiram Under this prosram, rental property unite to be rehabilitated rill be sade available co lov/nodsrace income renters. Ovner must assure the H/CD office ln~riting that no displace~ent of renters will occur and nuac attempt to obtain Section 8 Certificates or vouchers for tenants per unic rehabilitated that u ay be available thtoush the Oranse County HouainS Authority or a s~]n~lar prosram. The Housin$ Prosram Section Chief v~ll Bake a detar~Lnation of acceptability of these efforts. Applicant Bay appeal nesative find- inS(s) to the H/CD Hanaser. In the event no Section 8 Certificates are available, ovner must agree to keep rents affordable for seven years to lover intone persona or families (i.s.,-those esrnins 80 percent or less of the CounCyts median income as defined by HUD). B. Section 8 ~oderate Rehabilitation Program 0vnet must also assure the B/CD'office in~rtitin$ that no displacement of renters vii1 occur, and that units Co be rehabilitated viii be mede available tO lov/uoderate income renters. Ovner ut obtain Section 8 Certificates or vouchers for tenants per unit rehabilitated that nay be available throush the 0tense County ltou~ins Authority or a similar prosram. The llousin$ Program Section Chief rill make a determination of acceptability of these efforts. Applicant may appeal nesative findins(s) to the II/CD Nanager. Ko loans vii1 be aide until o~mer is quaranteed to be svarded Section 8 Certificates. Rental Rehabilitation Demonstration Proiran This De~onstratioi Prosran provides for the ~ehabilitation of rental units in 'certain deslinaCed terser areas. Under this prosram, ovner must assure the R/CD office in vritinS that no displacement of renters will occur and thaC the units to be rehabilitated will be mede available Co lov/noderace incmne renters. 0vner suet obtain Section 8 Certificates or vouchers for tenants per unit rehabilitated that nay be available through the Oran&e County llousin$ Authority or a similar program. The Sousing Prosram Section rill make a determination of acceptability of these e££orta. ~l~licant ~ay appeal negative finding (a) to the H/CD Manage=. O~ber ~han ~hat .~y be required by ~e Section 8 regulaticme, rant res~ict~o~a are not required by ~his Demonst=a~ion Program. S~cti~n 1.04 Hobileho~es In order to provide ~obilehc~e owner-occupants with a financing ~echanism to rehabilitate ~hair units within ~n existing park, the Counter bas established this pro~r~a. The pro~ra~ provides for leans up to $10,000 and grants up to $5,000. I~ere conditiuns varrunt, the ~anage~ may increase the grant B~ount, not to exceed tventy percent for L~Binent hazard to the health and safety of the Applicant or the co~unity. Due to the nature o£ this high-risk type of loan, the rate of interest will he determined o~ a yearly basis by the H/CD Program Office and the contracting financial institution. Besides the recfuirement for income eligibllit~, the following conditions ~ust he satisfied before a loan ~an be ~ade to a ~obilehome ovner: A. O~ner Bust show proof o£ o~nez$hip either by: 1. Possessing a State of Cali£ornia of Housing. and Community Development Cer~ificate of Title, ~obilehome, or 2. A California Department of ~otor Vehicles Ownership Cer~:ificata (knoun as & pink slip). 3. Other documents as may be required by H~D or the State R/CD Depar~ent. a. The remaining ec~mic life of the mobilehome must he st least five (5) years o= ~oze. C. P~blleho~ must be peramantely anchored to the ground to resist vied and seismic forces. Section 1.05 Applicant's Income A. Type of Applicant In order to make an eligibility determination for a rehabilitation loan, an owner-o~cupant applicant is classified as being either lo~/~oderate income or above lo~/~oderate income or an investo=-o~ne~. Low/moderato income is 80 percent of the county's median income, as defined and pa~iodically updated by HUD. Bo Xncome C~ponanta The following is a list of comf~nents that comprise the total income allo~ed an applicant for a ~ehebilitation loan. The -$- trois income o£ the avglicant and his/her £mail¥ is used to deterline eligibility, l~ver,, if a co-signer o~ heir is on- the title to the p£ol~rty, but ~oes not £eside in the property and does not contztbuta to the inc~e, & notarized statement o£ non-support will be r~quized in order to e~clude the co-signer's o~ heir's incos~. ~he a~lioant'a £mally includes the al~licant and any othe£ l~rSon(s) ~elatsd by bl~d, marriage~ or o~eration of law, who share the state dwelling unit and/or have mmership interest in the l~Operty. ~n applicant's gross income must be established ce an annual basis for the preceeding t~o years at the t/~ae of ai~lying for a rehabilitation ~oan and ~ai include, but is not limited to.* 1. ~e aVVltcant's gross earnings. Spouse's gross earnings and earnings off all other smmbers the fam/ly who share the household must be considered emp~yment and ea~n£ngs a~s on a regular basis. 3. Other income regularly received by the applicant or his/her family from ~ny source. 4. Income Ircm assets including savings, stocks, bonds, vacant land, etc. Xncome £r~a real estate, including rental units on the property to he rehabilitated is based o~ net rental income. X£ the applicant has not o~ned the propez.ty ~or two or more years, the County of orange shall ear,hate the income and eocpendituzes on the available data. 6. Self-~.to~ment l£ self-mnployed,.the average ~llowable income iron the two ·ost recent income tax returns shall he used in detern~ining applicent!s eligibility. The £ollowing method shall he used in determining present income ~or self-o_mployed individuals: Net profit or loss Depreciation and Depletion equals Net Income plus Other Income (wages, interest, etc.) equals kliovable Income C. A~.~ances G£oas income of the applicant shall be ~educed by the ~ollowing allowances when applicable. ~edtca! expenses for a ~a~or illness or chronic condition which ~ze not covered by insurance. Supporting · ~mentaticn ~ust be submitted to a/C~ as evidence of a ~aJo= pe=~anent illness o~ chronic condition. UnusUal ezpenses o= ~ounts paid for ~he care of ~rs ~e~ 18 ~ea~s of aqe ~ fo~ t~ ca~e of d~sab~ o~ care is ~ss~ ~ e~ a ~ily ~ ~ ~ gainfu~y D. F~cZuato~a £~:~,a Income 'The £ollo~ing income i. excluded in de~ermining income eligibility: The inc:c~e of a child 18 years o£ age o= lmunger; 2. Child .upport, including ~ocial ~ecurit~ or pension £unds, · nd inco~ fz~ a t~ust fund established fo= the child; 3. The inc~e of a child ~ho is a £ull-tl~e student living at ho~e, and is 21 4® Section 1..06 The inc~ o£ & co-signer oc heir ~ho ~oes not reside on p~operty ~tay be ~clud~ p=~id~ that a nota~iz~ stat~nt off ~n-s~t il lu~tt~. Such ~siqne= o= heir ~ not ~ ~unt~ as a ~ily ~r ~o= ~ ~r~se o~ in~- F~ Title T Insurance #heneve= possible, $oans will be processed b~ the ~inancial inst$tut~on for F~ TStle ! ~nsurance. ~ection 1.07 E~iqible Improvements A. Genera~ This section sets fozth, but does not limit, examples o£ e~igib~e and ~andator¥ ~roves~n~s under the rehabilitation pro~ra~ as ~e~l as ineliqib2e i~provemen~s. ~hen the eligibilit~ of a p~opoeed l~prove~ent is in question, Section 570.202 of the CI~G ~ct of 1974, as a~ended, is the Einal authority. B. Eligible I~prove~en~s &dditions and alternations to prolong ~he livablltt~ or usefulness oE existing structures such as ~coms, porches, stai~ays, c~osets, bath£~o~s, and entrances a~e eligible, as determine~ necessary by ~he H/CD Senio~ Buildin9 -7- Bection &. 2. Exterior work to help preserve or protect structures, such as grading, painting, ~oo££nq and siding, ia eligible. 3® lneerior uork ~o make a structure more ltv&ble such as painC~ng, papering, plastering, new flooring and ti~e work is eligible. Also eligible &re repairs, restoration or replacenent o£ important parts o£ st~uctu£es such as heaeing systeM, plunbing repairs, elect~ical repairs and certain kitchen appliances in residential structures. e Clearance, site preparation and site acquisition where a unit ia deterlined not suitable for rehabilitation and a replacement house plan has been approved and £unded. 6. Xtems considered necessary to provide handicap accessibility and/or re~ove &rchitectural barriers to the handicap. 7. Ztems necessary £or historical restoration/preservation. C. Mandatory Improvements Hazardous conditions which &re a dire~t threat to the health, safet~y and general welfare of occupants aa defined in the Uniform Housing Coda and/or Property Rehabilitation Standards as defined b~ Appendix A, lust be corrected. D.. Ineligible Improvements The following inprovements a~e not eligible: Barbecue pits, bathhouses, burglar protection bars, dumbwaiters,. wet beret greenhouses, greenhouse windows, a£~plone hangers, kennels, outdoOr fireplaces or hearths, photcssurals, swimmg pools, television antennae, tennis courts. ~laterials, ~ixtures or equilmeflt of a type or quality, vhinh unreasonably exceeds that custo~a~ily usg in propertieaof the sane general type as the property to be rehabilitated. L. 08 Temporary Relocation Assistance ~eneral This section sets forth a description of ts~porazy relocation bene£its to be Bade available to persona and ~mniliee vho are displaced item their hcanee aa a result of the Countyts Home Improvement Program, Cost ~ay be borne by the County and the displaced person or family. -8- B. Conditions Requiring Temporary Relocation If any of the following causes or conditions occur as a result of the Home Improvement Program, it may be necessary for the persons or families to relocate to another dwelling on a teaporary basis: 1. Water ~stem ts shut off for any extended period of dalm for pl,_~hing repairs. 2. Hlectrical service becomes non-operable ~hile making repairs to wiring. 3. Repairs which create dust and other conditions which would aggravate allergic condition of occupant(s). 4. Structure is to be fumigated for termite control and infestation. 5. Hazardous living conditions which result rrm structural Changes during co~struction. 6. Sanitation facilities; e.g., tub, wash basin, toilet become non-operable. Contractor requires relocation of occupants to perform repairs and such requi~ement has the concurrence of the Housing Program Section Chief and the occupant. C..Eligibilit~ Requirements Applicants approved for a loan or a grant who must find temporary acconuuodations as per Section B above are eligible for relocation benefits, Clients must actually secure and occupy an alternative dwelling unit in order to receive payment. - D. Amount of Assistance Benefits will be made available for a period determined by the Manager but not to exceed the term of the rehabilitation contract. County will pay the cost of the temporary accommodations up to a daily maximum equal to the Housing Authority's rent limitations prorated on a daily basis. Procedures for Securing Temporary Relocation Assistance Contractor or Rehabilitation Cost Specialist must submit letter to the H/CD Program Office requesting vacating of unit and specifying amount of time unit must remain vacant. -9- Request for vacating of premises must be approved, in writing, by rehabilitation staff and authorized by.H/CD Manager. Person displaced presents written quote from accommodation to rehabilitation staff. Staff will then verify that displaced persons occupied unit and staff will also verify amount of quote. Section 1.09 Rehabilitation staff will present claim form to Auditor- Controller with a request for payment. Payment will be made payable, Jointly, to person displaced and persons who provided accommodation. ProcessingLow Intereat Loans A. General This section sets forth the steps which are to be followed tn the processing of a rehabilitation loan: 1. Initial Contact Marketing effort/strategy includes, but is not limited to: Press releases to metropolitan and local newspapers; Public Services Announcements (PSAs) for television and radio; articles in magazines, newsletters and newspapers; paid advertisements in the print media; staff appearances on public service radio and television progr~mm; flyers distributed by mail or door-to-door contact by H/CD staff; and presentations using a prepared rehabilitation slide show or other graphics at community meetings. Upon initial contact, an application will be mailed or given to the appltcent. 2. Loan Application If requested by applicant, loan application will be explained to homeowner by loan counselor who may assist in completing necessary forms. Otherwise, loan application will be mailed or given to applicant who will complete application. 3. Preliminary Approval of Funding Authority Completed loan application will be forwarded by H/CD staff to financial institution and, if applicable, to the appropriate state or federal agency for funding authority to: -10- s. Verify program eligibility of applicant. b. Verify that applicant is owner o£ property to be Verify applicant's income and employment. The inc~ne tax returns for the previous two years will be obtained by H/CD staff. d. Complete credit investigation. e. Advise h~aeowner in writing of approval/disapproval. When appropriate, items a through · may be required to be per£or~ed by the County prior to su~ittal to funding 4. Termite Inspection A free termite inspection will be arranged by the County for the homeowner or property owner approved for a rehabilitation loan. The termite company will submit the inspection results to the rehabilitation specialist for inclusion in the work write-up coat estinmte. 5. Work Write-up/Cost Estimate A work write-up/cost estimate will be compiled based on the initial inspection and the termite inspection report. Homeowner will be given a copy of the work write-up for approval and will be advised of estimate of loan necessary ~o complete rehabilitation work. 6. Bid Process a. Contractor Unless homeowner elects to conduct his/her own bid, provided regulations permit, bid packages will be prepared by H/CD staff, and, if possible, bids obtained from at least three (3) qualified contractors. 'Qualified' ~eans those contractors who are licensed by the State of California, who have applied to participate in the County's Ho~e Improvement Program and who have received written approval of their participation in the program from H/CD. All bids must be returned within 20 calendar days unless otherwise specified. Bids will be opened in the presence of the homeowner and R/CD staff will review bids. Responsibility for selection of a contractor rests with the homeowner. Homeowner must, -11- however, select a qualified contractor. Homeowner is not required to select low bid, but, bid chosen must be within l0 ps=cent of H/CD esthete. This requirement may be waived by the Housing Program Section Chief in cases where the H/CD cost estimate is proven not to reflect current prices.. b. Owner-Builder Homeowner shall prove to the satisfaction of the rehabilitation specialist that be/she has the ability to perform tasks to be undertaken, including coordination of contractor (s). Where all or part of the work is to be performed by the homeowner, then homeowner shall submit to the rehabilitation specialist a list of the materials, approxi~ate costs for these items and a schedule for completion by homeowner. Only material will be reimbursable, not the labor of the hc~neowner or ~umed. late family member. This list will be submitted to H/CD prior to preparation of bid package. Rcx~ovner may act on his/her own behalf to hire contractor(s) to ccx~lete various portion(s) of the work listed in the work write-up. Homeowners will identify the contractor(s) or laborers and the work items which contractor (s) or laborers will perform. Failure by property owner to comply with the above requirement will terminate his/her application. Contract/Agreement Execution requirement for funding of all loans, deferre~ payment loans~ or grants: A ProDerty Owner &~reement must be executed between the property owner and R/CD. In conjunction with the Property Owner Agreement, the following contracts and/or agreements will be executed depending on method of rehabilitation chosen by client: Prime Construction Contract between homeowner and contractor or homeowner and sub-contractor, if applicable~ i.e., owner-builder who subcontracts any portion of the agreed upon scope of work. Owner-Builder Agreement for homeowners who are approved to do their own rehabilitation work or act as his/her o~n oontractor. -12- In the event that homeowner-wishes to provide improvements oyez and above eligible work provided £or, or perform a portion(s) of the work her/htmeelf, the above contract(s) or agreement(a) shall reflect the total cost of work to be done, what the prime and/or subcontractor's responsibilities are and work homeowner will perform. Evidence of availabtlit~ o£ the additional funds required must be varified and available prior to funding of loan. Executed Contracts R/CD may forward copy of final work write-up to the appropriate financial institution or appropriate funding agency with request for loan documents. Financial institution(s) will prepare and fforward loan documents at interest rate previously determined by H/CD and advise N/CD of interest subsidy due, if appropriate. Homeowner's payments will be in equal monthly installments, the first installment payment due 30 calendar days from note date depending on financial institution policy. B/CD obtains borrower's signature on loan documents and returns all documents to the financial institution(s), if appropriate. 9. Loan Subsidy Loan subsidies will be governed by contracts with financial institutions as approved by the Board of Supervisors. 10. Notice to Proceed No construction/rehabilitation work will begin until a written Notice to Proceed is issued by H/CD and homeowner. 11. Smoke Detector(s) Smoke detector(s} will be required and mede available 'at no charge to all applicants who receive a rehabilitation loan. 12. Loan Disbursement Financial institution(s) may forward to H/CD loan proceeds in a form prescribed by the agency or financial institution and may disburse progress payments upon request of H/CD staff. Disbursements will be mede only after completion of inspection by rehabilitation specialist and verification of billings by H/CD. Proceeds will be disbursed by one of the following methods: -13- 1) Pro, tess Payments {draws) C~fltractor my not receive less ~ three progress paynents except in cases where rehabilitation is of a minor nature. The progress Peyments shall not exceed 90 percent of the cost of such work items determined by the bid breakdown. Pro~£ess payments due Contractor shall be paid after County approval of receipt and verification of contractor's involoe{s) and eatisifactory Release of Liens or. claims for Liens, by contractor, eubcontEactors, laborers and mate£ial suppliers for work completed and materials installed. If no liens are recorded, a 10 percent retention will be disbursed to oontractor at expiration of lien filing thirty-five (35) calendar days after filing the Notice of Completion. This retention may be less than 10 Percent, as determined by the Housing Program Section Chief, depending on total contract 2) One Lump Payment may be made in one 1,~-~. su~ u~on completion of all work, less l0 percent retention. Cos~letion consists of passing final inspection and filing required release forms. If no liens are r~orded retention will be disbursed to contractor at expiration of lien filing period, thirty-five (35) calendar days after filing of Notice of Completion. 3) Homeowner Advancements upon approval of the loan, the bc=rower (if the borrmeer is performing the work her/himself) =ay receive advancements to cover an agreed portion of the costs of materials consistent with the schedule provided in work write-up. Additional advancements may be made when work financed by prior advancements has been completed to the satisfaction of H/CD. Depending upon the type and level of rehabilitation work to be conducted and the amount of loan, H/CD may utilize escrow services for control of fund disbursement. 13. Loan Delinquencies The lender will provide County with a weekly, monthly, or quarterly list of delinquent borrowers. H/CD will contact the borrowers. Should a delinquency continue and bank informs H/CD that foreclosure will result, H/CD Manager, -14- upon recc~endation of Rousing Program Section Chief, in ozde£ to pzotect County's interest, may decide to cure the default by refinancing existing loan to a DPL if client q~alifiee. 14. A~eal & loan application which is disapproved ~ay be resubmitted for a DPL or Grant described in Section 2 and Section 3 below. Subsequent rejection ~ay be appealed under Section Section 1.10 Truth in Lending Requirements H/CD shall meet all state and federal truth in lending requirements. Section 2. DEFERRED PAYMENT LOANS Section 2.01 Deferred Payment Loans A Deferred Payment Loan (DPL) is a zero percent (0) interest loan. DPL's are intended to assist low/moderate income persons who are unable to finance rehabilitation work without this assistance. The loan becomes due and payable in a lump sum upon sale or transfer of property, by any means, instru~ent or probate proceedings, whichever results in the shortest time for repayment. If client sells or transfers property within five (5) years of receiving DPL, entire DPL principal plus three (3) percent interest per annum will be paid~ if sold or transfer=ed after five years, no interest will be charged on DPL but entire principal wtll become due and payable. The DPL may not exceed loan limits of $45,000. Clients shall execute a promissory note and secure it by a Deed of Trust. If title is transferred to an heir, am income analysis can be made to determine if heir is low/~oderate income and qualified to assume DPL, or if the DPL should be repaid. All assumptions of D~'s shall be approved by the H/CD Manager. Funding for the DPL is through the H/CD Program and/or any other federal or state prograw~ or appropriate lending institutions under contractual agreement with the County. Funds may be loaned directly by the'County to the eligible clients without the involvement of a private lending institution. DPL's can also be made to rehabilitate publicly owned residential units. In order to preserve and u~grade affordable rental units for the benefit of low/moderate inco~e tenants, a DPL may be made to investor o~ne~s who participate in the Rental Rehabilitation Demonstration Program without regard to income. The DPL will be due and payable in fifteen (I~)'years or at time of transfer of title, whichever cumes first. -15- Section 2.02 Approval of Deferred Payment Loans The criteria for an al~roval of a D~n are: 1) Applicant ~ust be of lo~/~oderate income or an investor- o#ner in a target or spot area. 2) Applicant must be financially unable to repay loan with the exception of investor-owners in the Rental Rehabilitation Demonstration Program. 3) Rehabilitation improve~ents are necessary to comply with existing health and safety codes. B. Approval Authority A DPL will be approved or disapproved in writing by the Manager or his designee. H/CD shall notify applicant of results. A person whose application for a DPL hag been disapproved may appeal to the Director of fHA for a final decision. C. Restriction on Nt~m~er of Loans The n,-.~er of DPL's which ~ay be made to any property o~ner under the Ho~e Improvement Program is one (1). Waiver of 1imitation ~ay be granted by the Manager. Section 2.03 Eligibility Requirements for DPLs A. Applicant Eligibility Requirements A DPL is intended to avoid the displacement of homeowners who have no other ~eans of financing repairs and improvements which must be made to their homes. A DPL shall be made only to homeowners who have no substantial resources to make needed improvements and substantive evidence is on file to make such determination. A review of DPL's executed after June, 1983 shall be made every five (5) years to £eevaluate if clients are still low/mo~erate income. If a family income exceeds 80 percent of the County ~edian income et that time, the DPL will be due and payable, but ~ay be assumed at the Comlty~s discretion. In the case of a quasi-governmental or nonprofit organization, at least 75 percent of the rental units must be guaranteed to receive Section 8 assistance for the term of the loan. B. Income Limits The income limitations are those set by Section 1.02 (c) and 2.02. -16- Co #aivers #slyer of one or sore of the above eligibility requirements may be approved in writing b~ the Manager. Section 2.04 Applicants Income Method of determining applicant's income will be noted in Section 1.05. Section 2.05 Eligible Improvements and Costs A. General This section sets forth examples of improvements and costs to be financed with a DPL. B. Eligible Improvements and Costs A DPL may be used to finance the cost of repairs and improvements to comply with the Property Rehabilitation Standards approved by the Board of Supervisors as amended (Appendix A) and incipient violations of these standards. DPL funds may also be used to finance the cost and installation of energy conservation materials. DPLts may also be used to remove handicap barriers and to provide handicap accessibility. Mandatory Improvements Hazardous conditions which are a direct threat to the health, safety and general welfare of occupants as defined in the Uniform Housing Code must be corrected. D. Ineligible Improvements DPL may not provide for: 1. New construction or expansion of the size of a structure, except where family size warrants. 2. Materials, fixtures or equiixnent of a type or quality, which unreasonably exceeds that customarily used in properties of the same general type as the property to be rehabilitated. E. Insurance and Property Taxes The client shall maintain adequate fire and hazard insurance with the County listed as loss payee for the amount of the loan on the property, as required by the Ho~e Improvement Program, and keep taxes current during term of DPL, except under special government program= allowed for elderly clients. -17- 1. Recording fees The cost of recording the Deed of ?~ust and othe~ pertinent documents shall be wsived as per Government Co~e, Section 6103. 2. POlicy of Title Insurance A policy of title insurance covering the amount of the DPL shall be obtained for the borrower and the cost paid the loan proceeds. 3. Tax Service Co. HOme Improvement Program amy utilize services of a Tax Service Company. Cost shall be paid frc~ loan proceeds. Maximum loan of $45,000 may be made and is subject to the same conditions set by Section 1.02 R. of this manual. H. Escrow of Rehabilitation Funds The applicant shall agree to permit the County of orange, its agents o~ designees, to act as escrow agents of funds loaned through a DPL and to ps=mit the County of Orange, its agents or designees, to disburse such funds to the applicant/borrower and ' the contractor in the manner set forth in the contract between the applicant/bo=rower and the contractor or in the contrsct between applicant/borrower and County in the case of an Owner/Builder, to insure the proper disbursement of such funds. The 'borrower' shall be construed to be any person or other leqal entity who holds title to the property being rehabilitated with the assistance of a DPL and who is legally responsible for repayment of the loan. In the case of multiple ownership' the signature of every titleholder will be required on a Deed of Trust where the signature of the applicant/borrower is necessary. I. Assumptions for Deferred Payment Loans Assumptions of DPL's ace authorized, however, new borrower's income must be established at or below 80 percent of the County's median ir~ome. DPL assumptions may be considered when one of the following occurs: 1. Judgement of Dissolution of ~larriage. -18- 2. Death of vested title holders. Heirs of property must be £rcm the innediate family. .. 3. Title of property is transferred. Section 2.06 Temporary Relocation Assistance Temporary relocatio~ benefits that are available to applicant receiving a DPL are those described in Section 1.08 of this manual. Section 2.07 Processing Deferred Pawnent Loans A, Processing Procedures The processing of a DPL shall be the same .as that of a subsidized, low interest loan as noted £n Section 1.09 of this Policy Manual in addition to the following: 1. Determination of Preliminary Eligibility Rehabilitation staff will ~evelop necessary documentation to make determination of applicant eligibility for a DPL. 2. Obtain Preliminary Title Report, credit report, appraisal, if needed, and verify income. Determination of Final Eligibility. After receiving preliminary title report and credit report, staff will mekea final reconenendation regarding applicant's eligibility for a DPL. Recosmendation will be submitted to H/CD Manager or his designee for approval. 4. Execution of Documents If eligible, applicant will execute Promissory Note and Deed of Trust. Additionally, applicant will execute DPL property o~ner agreement. Once all documents are executed, Deed of Trust will be recorded, PrO~issory Note and Deed of Trust will be held by H/CD Accounting and H/CD will request title insurance policy covering ~nount of loan from.title company. 5. Notification of Loan AmOunt U~on request of title insurance policy, staff will advise N/CD accounting of a~ount needed to fund DPL and rehabilitation process will continue. B. Truth-In-Lending Requirements Truth-in-lending requirements, as noted in Section 1.10 of this manual, apply to all DPL's. -19- SECTION 3. .SPOT I~HABILITATIOH LOANS Section 3.01 Spot Rehabilitation Loans Spot rehabilitation is a o~ponent of the Home Improvement PrOgram. Low interest loans, ~PL'S and Grants are available to o~ner- o~cupants of low/~oderate income, living in any contract city or county unincorporated area. In order to preserve and upgrade affordable rental units for the benefit of lo~/moderate income tenants, investor-owners.participating in the rental rehabilitation prOgram are also eligible to apply. Section 3.02 Processing of Spot Rehabilitation Loans Requirements for approval of spot rehabilitation loans are those noted in Section i of this manual except: Eligibility Requirements A. Property Eligibility Requirements A rehabilitation loan may be mede to any qualified residential property owner located in unincorporated area of the County of Orange, or in any part of a participating contracting ~ity. B. Income Limits Spot rehabilitation loans to low/moderate income persons shall be subject to Section 1.02 C. (1) for 3 percent loans. C. Eligible Improvements and Costs A spot rehabilitation loan may be used to finance the cost · of repairs and improvements as required to bring the property into compliance with the Property Rehabilitation Standards approved by the Board of Supervisors, as amended. Spot rehabilitation loans may also be used to finance the COst of repairs of incipient violations of these standards. No general property improvements are permitted. SECTION 4. RF2tABILITATION GtiANTS Section 4.01 Rehabilitation Grants In order to provide a full range of financing machanisms for the CountyOs Ho~e Improvement PrOgram, a grant prOgram has been established. This prOgram provide8 a grant of up to $8,000.00 with a 20 percent supplement for materials and labor to low/moderate income o~ner-occupants. The goal of the prOgram is to rectify emergency health or safety hazards in the applicant's ho~e and to provide energy conservation. -20- Section 4.02 PrOCessinq Rehabilitation Grants &. & rehabilitation grant may be approved sub~ect to the same provisions as set forth in Section 2 except as noted below: Applicant Eligibility Requirements &pplicant must execute Property O~ner Grant &greement ~hich provides that the o~ner returns 100 percent of the grant to County upon sale or transfer of title within one year of agreement execution and 50 percent of property upon sale or transfer of title transferred between one and t~o years after the execution of the agreement. A rehabilitation grant may be used to finance the cost of repairs and improvements to comply with the Property Rehabilitation Standards approved by the Board of Supervisors and incipient violations of these standards. Grant funds mey also be used to finance the cost and installation of ene£g~ conservation materials. The ~ax~mum a~ount of a rehabilitation grant may not exceed the folloving: (a) $8,000.00 for conventional single family units and $5,000 for ~obileho~es. (b) #here conditions warrant, the Nanager may increase the grant amount, not to exceed twenty percent (of the above) for i~minent hazard to the health and safety of the applicant or the com~unity. (c) $3,000.00 ~ximum for minor rehabilitation (mini-grants) in approved target area. To eliminate blight or prevent further deterioration neighborhood, the Director may waive in writing the income requirements and resale restriction of 4.02 & (1) above, provided that a staff determination has been made, and the Director concures that by providing small, minor repair/maintenance, rehabilitation, mini-grants to an entire lo,/moderate income neighborhood, further deteriorating condition of the street will be retarded and the value private and public investment made under this program in the area will be preserved. NGN:ktbDH5:I 04/26/83 -21- Appendix A pI~OPERTY REHABILITATION STANIlqI~S FOR I~,S I DENTIAL pI~OPERT IES CO~N~f OF OP~NGE ENVII~OI~TAL MANAGEMENT A~NCY HOUSlNG/CO~NITY ~"~'ELOP~T~T DIVISION Al~ril 7, 1983 INTRODUCTION CaAPTm~ 1 Ca~PT~ 2 CRaVeR 4 CHAP~R 10 TITLE AND SCOPE PERMITS AND INSPECTIONS DEFINITIONS SPACE AND OCCUPANCY STRUCTURAL REQUIREMENTS MECHANICAL REQUI~FJ~EI~TS FIRE PROTECTION SUBSTANDARD BUILDINGS BNERGY CONSERVATION REQUIREMENTS FOR PHYSIC~T.LY HANDICAPPED Page 1 1 3 3 4 6 10 10 12 12 INTRODUCTION The 'Property l~ehabilitation Standards' (pitS) as denoted herein have been estab- llshed after considering many codes and suggestions by the Federal Housing Administration. These PRS are the Uniform Housing Code, 1979 Edition, except for ogee minor revisions and additions, and shall be the guide for the County in tmplmsentinq its Rome Improvement Program. These PRS shall constitute the basis of the working agreement between the Department off Housing and Urban Development (ItUD) and the County o£ Orange. They shall apply to all residential properties in areas designated by the County as eligible for rehabilitation. Where the ~uu Minimum Property Standards are note restrictive, those standards shall apply. It is recognized that the PRS are minimum property standards and not ideal property standards. Where actual rehabilitation occurs, £eplacements may be required which go beyond the minimum standards in order that the CDBG funds be utilized in a more effective manner and a longer lasting repair be made to structures. For example, in areas where there is a generally recognized condition of expansive soils, larger footings amy be required by H/CD. A~ditionally it is recognized that a flexible interpretation of the Uniform Building Co~e is utilized tn the Home Improvement Program since to require an existing older dwelling to conform 100% to the Uniform Building Code may be cost prohibitive. Chapter 1 TITLE AND SCOPE TITLE Sec. 101. These Property Rebilitation Standards are to be referred to herein as pRS. Sec. 102. The purpose of these PRS is to provide minimum standards to safeguard life, l~mb, health, property, safety, and welfare of the general public and the owners and occupants of residential buildings within jurisdiction of the County of Orange and those cities whose rehabilitation programs are administered by the County of Orange. SCOPE Sec. 103. (a) Application. The provisions of these PRS shall apply to all buildings or portions thereof used, or designed, or intended ~o be used, for h-m~n habitation. Such occupancies in existing buildings may be continued as provided in Section 104 (G) of the Building Code, except such structures as are found to be substandard as defined' in thesePRS. Where any building or Portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of these pl~ shall apply to the separate portions as if they w~re separate buildings. Every rooming house or lodging house shall comply with all the requirements of these PRS for dwellings. (b) Alteration. Existing buildings which are altered or enlarged shall be made to conform to these PRS insofar as the new work is concerned and in accord- ance with Section 104 {a) and (b), of the Building C~de. Eowever, exceptions may be permitted provided health, safety, and general welfare of Persons con- cerned are not adversely affected. (c) Relocation. Buildings or structures moved into or within the Jurisdiction shall comply with the requirements in the Relocated Buildings Code for new buildings and structures. Chapter 2 BNFOg~MENT ~BNE~AL Sec. 201. (a) Authority. The Eousing and Con.unity Development Manager is hereby authorized and directed to administer and enforce all of the provisions of these PRS. -1- (b) Right of ~ntry, Whenever ne~eesary to make an inspection ~o enforce any of ~ provisions of ~ese P~, ct whenever ~e ~us~n~ ~nd ~un~t~ ~vel~n~ ~ge= Or his authorized =ep=esen~a~ive has reachable ~use to ~lieve ~at ~eze exis~ ~ ~Y building ct u~n any premises, ~Y condition which Mkes such building or premises unsafe, dangerous, haza~us, cE substand- ard as def~n~ ~n S~2~on 202 of these P~, the Housing and Co~fllty ~velo~ent ~ager or h~s authorized representative My enter fuch building or premises at a~ reachable t~Ms ~ insect the s~ or to ~=fo=m ~y duty ~8~ u~n the Housing ~d ~uni~ ~vel~ent ~ge= by ~ese P~; p~ovided that if such building or premises ~Ee ~cupi~, he shall E~rst ~esent p=o~= cE~entials and de,nd ent~ ~ ~f such ~l~ng or premises ~ u~cup~e~, he shall firs2 ~ke a reasonable effort ~ l~ate ~e ~e~ o= o~er ~rsons hav~ng charge or cofltrol of ~e building or premises ~d ~nd entry. If such entry i8 refused, the ~using and C~un~ty ~velo~ent ~na~e= or his authoriz~ representative shall ~ve recourse ~ every Ee~y provided by law to secure entry. No o~ner or occupant or other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the Housing and Community Develop- ment Manager or his authorized representative for the purpose of inspection and examination pursuant to these PRS. Any person violating this subsection shall be guilty of a misdemeanor. (c) Responsibilities Defined. ~very Cachet remains liable fcc violations of duties imposed upon him by these PRS even though an obligation is also imposed on the occupants of his building, and even though the o~mer has, by agreement, imposed, on the occupant the duty of furnishing required equipment or of complying with these PRS. Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary, ar~ safe condition including the shared or public areas in a building containing t~o or ~ore ~welling units. Every owner shall, where required by these PHS, the health ordinance or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents, or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary, and safe condition that part of the dwelling or dwelling unit or premises which be occupies and controls, shall dispose of all his rubbish, garbage, and other organic waste in a manner required by other laws ar~ regulations. Every occupant shall, where required by these PPS and by other laws and regulations, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary. -2- SUBSTANDARD BUILDINGS Sec. 202. All buildings or portions thereof which are determined to be etd)standard as defined in these PRS are hereby declared to be public nuisances ·nd shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Chapter 2, as amended (Ordinance 3062). Chapter 3 PERMITS AND INSPECTIONS Sec. 301. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish a~y building or structure, or cause or permit the same to be done, without first obtaining a separate building permit for each such building or structure fro~ the Building Official in the manner and according to the applicable conditions prescribed in Chapter 3 of the Building Code and in Section 302 of OrdinanceNo. 3061. Sec. 302. Whenever a building permit is required by Section 301 of these PRS, the appropriate fees shall be paid to the Building Official as specified in Section 304 of the Building Code and of Ordinance No. INSPECTION Sec. 303. All buildings or structures within the scope of these PRS and all construction or work for which a permit is required shall be subject to inspection by the Housing and Comuni~y DevelOlment Manager and the Building Official in accordance with and in the ~anner provided by these PRS and Sections 305 and 306 of the Building Code. Chapter 4 DEFINITIONS Definitions Sec. 401. For the purpose of these PRS, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in the Building Code. BUILDING CODE shall mean the Uniform Building Code, published by the International Conference of Building Officials and the Code currently adopted by the Board of Supervisors. EFFICIENCY LIVING 0NIT. Efficiency living unit is a dwelling unit containing only one habitable roo~ and meeting the requirements of Section 503(b), Exception. -3- ~0~ ~R. ~ot water shall be water at a temperature of not lass than IO0°F. .NECRANI~ CO~ shall ~ean the Uniform Nechanical Code, published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials and the Code currently adopted by the Board of Supervisors, County of Orange. NUISAI~CE. The following shall be defined as nuisances: 1. Any public nuisance known at co~on law or in equity jurisprudence. 2o Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned re£rigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors. 3. Whatever is dangerous to human life or is detrimental to health, as determined by the Housing and Coeeaunity Development Manager. 4. Overcrowding a rooB wi~h occupants. 5. Insufficient ventilation or illumination. 6. Inadequate or unsanitary sewage or plumbing facilities. 7e Uncleanliness, aa determined by the Housing and Co~uunity Development. Manage~. Whatever renders air, food, or drink unwholesome or detrimental to the health of b,--~n beings as determined by the Housing and Community Development Manager. Chapter 5 SPACE AND OCCUPANCY .STANDARDS LOCATION ON PROPERTY Sec. 501. All buildings shall be located with respect to property lines and to Other buildings on the same property as required by Section 504 and Part IV of the Building Code. Bach dwelling unit and each guest room in a dwelling or lodging house shall have access to a passageway, not less than 3 feet in width, leading to a public street or alley. Exit courts from apartment houses to the p~blic way shall be not less than 44 inches in width and 7 feet in heighth. Sec. 502. (a) Scope. This Section shall apply to yards and courts having required windows opening therein. -4- (b) Yards. Every yard shall be not less than 3 feet in width for one-story and two-sto~y buildings. For buildings ~ore than t~o stories in height the m~n~ w~d~ of ~e yard shall ~ increase~ at ~e ~ate of 1 f~t for each additio~l s~ry. ~ere yards ~letely sur=ou~ the building, t~ r~ired wid~ ~y ~ reduc~ ~ i f~t. Fo~ bu~ldings exce~ing 14 stories in height, ~e =~i=~ wid~ of yard shall ~ c~ut~ ~ the ~sis of 14 stories. (c) Courts. Every court shall be not less than 3 feet in width. Courts having windows opening on the opposite sides, shall be not less than 6 feet in width. Courts bounded on three or more sides by the walls of the building shall be not leas than 10 feet in length unless bounded on one em] by a street or yard. For buildings ~ore than two stories in height the court shall be increased 1 foot in width and 2 feet in length for each additional story. For buildings .exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories. Adequate acess shall be provided to the bottom of all courts for cleaning purposes. Every court more than two stories in height shall be provided with a horizontal air intake at the bottom not less than 10 square feet in area and leading to the exterior of the building unless gbuting a yard or public space. The construction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one-hour fire-resistive. (d) Projection into Yards. Baves and cornices ~ay project into any required yard not more than 2 inches for each foot of yard width. Unroofed landi, ngs, porches and stairs may project into any required yard provided no portion extends above the floor level of a habitable room~ and provided further that no such projection shall obstruct a required exitway. ROOM DIMENSIONS Sec. 503. (a) Ceiling Heights. Habitsble rooms or areas shall have a ceiling height of not less than ? feet 6 inChes except as otherwise permitted in this Section. Kitchens, halls, bathrooms, and toilet compartments may have a ceiling height of not less than 7 feet ~easured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than 48 inches on center, the ceiling height shall be measured to the bottom of these members. W~ers exposed ceiling members are spaced at 48 inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members provided that the bottom of the members is not less than 7 feet above the floor. If any roo~ in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the ro~n measuring less than $ feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. Zf any roo~ has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet. (b) Floor Area. Every ~welling unit shall have at least one room which shall have not less than 150 square feet of floor area. Other habitable rooms except kitchens shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes the required floor area -5- shall be increased at the rate of 50 square feet for each occupant in excess of two. Additional sleeping rooms may be provided to obtain proper separation of children or other dependents regarding sex. EXCEPTION: Nothing in this Section shall prohibit the use of an efficiently living unit within an apartment house meeting the following requi£ements~ The unit shall have a living room of not less than 200 square feet of superficial floor area. No additional 100 square leer'of superficial floor area shall be provided for each occupant of such unit in excess of ,two. 2. The unit shall be provided with a separate closet. 3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to these PRS shall be provided. 4. The unit shall be provided with · separate bathroom containing a water closet, lavatory, and bathtub or shower. (c) Width. No habitable room other than a kitchen shall be less than ? feet in any dimension. Each water closet stool shall be located in a clear space not less than 30 inches in width and a clear space in front of the water closet stool of no~ less than 24 inches shall be provided. Additional bathroom facilities may be provided in order to alleviate an overcrowded condition. LltmT AND VENTILATION Sec. 504. (a) Natural Light and Ventilation. All guest rooms, dormitories, and habitable rooms within a dwelling unit shall be provided with r~tural light by means of exterior glazed openings with an area not less than one-tenth of the floor area of such rooms with a minimum of 10 square feet. All bethrcoms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one-twentieth of the floor area of such rooms with a minimum of 1 1/2 square feet. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural Ventilation by means of openable exterior openings with art area of not less than one-twentieth of the floor area of such rooms with a minimum of 5 square feet. (b) Origin of Light and Ventilation. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. -6- Required windows may open into a roofed porch whe£e the porch: Abuts a street, yard, or court; and Has a ceiling height of not less than 7 feet; and Nas the longer side of at least 65 percent open and unobstcucted. & required window in a service roc~ may open into a vent shaft which is open and unobstructed to the sky and not less than 4 feet in least dimension. No vent shaft shall extend through more than two stories. FOr the purpose of determining light and ventilation requirements, any room · ay be consideced as a Portion of an adjoining roc~ when one-half of the area of the coa~aon wall is open and unobstructed and provides an opening of not less than one-tenth of the flooc aces of the interior room o~ 25 square feet, whichever is greater. (C) Mechanical Ventilation. In lieu of required exterior openings for natural ventilation, a ~echanical ventilation system may be provided. Such system shall be capable of providing two air changes Per hour in all guest rooms, dormitories, habitable rooms, and in public corridors. One-fifth of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms, end eimil&r roo~s a ~echanical ventilation system connected directly to the outside, capable of providing five air changes Per hour, shall be provided. (d) Eallways. All public hallways, stairs, and other exitways shall be adequately lighted et all times in accordance with Section 3312(a) of the Building Code. SANITATIO~ Sec. 505. ia) Dwelling Units. Every dwelling unit shell be provided with a bathcoo~ equipped with facilities consisting of a water closet, a lavatory, and either a bathtub or shower. (b) Hotels. Where private water closets, lavatories, and baths are not provided, there shall be provided o~ each floor for each sex at least one water closet and lavatory and one bath &ccessible from a public hallway. Additional water closets, lavatories, and baths shall be provided on each floor for each sex at the rate of one for every additional guests, or fractional number thereof in excess of 10. Such facilities shall be clearly marked for °Men' and °Womeo'. (c) Kitchen. Each dwelling unit shall be provided with a kitchen. kitchen shall be provided with a kitchen sink. No wooden sink or sink of similarly absorbent material shall be permitted. Every (d) Fixtures. All pbmhing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its manual operation, except water closets shall be provided with cold water only. -7- All pl,--hing fixtures shall be of an approved glazed ea£thenware type or of a similarly nonabsorbent ~aterial. '(e) Water Closet Compartments. Walls and floors of water closet co~t~rt~ents except in dwellings shall be fin/shed in accordance with Section 1711 of the Building Code. In all occupancies, accessories such as grab bars, to~el bars, paper dispensers and soap dishes, etc., provided on or within walls, shall be installed and sealed to protect structural elements from s~>isture. (f) Pxx~a Separations. Every water cloeet, bathtub, or shower required by these PRe shall be installed in a races which will afford privacy to the occupant. A room in which a water closet is located shall be separated from food preparation or storage roo~s by a tight-fitting door. (g) Installation and Maintenance. Ail sanitary facilities shall be installed and maintained in safe and sanitary condition and in accordance with all applicable laws. Chapter 6 STRU~uKAL R~QUIREMENTS Sec. 601. (a] General. Buildings or structures may'be of any type of construction permitted by the Building Code. Roofs, floors, walls, foundations, and all other structural cc~ponents of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elelaents shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Building Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Building Code. (b) Shelter. Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness. (c) Protection of Naterials. All wood shall be protected against termite damage and decay as provided in the Building Code. Chapter 7 M~ _~,NICAL REQUXI~,MENTS BEATING AND VENTILATION Sec. 701. (a) Heating. Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 70°P. at a point 3 feet above the flccr in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with Chapter 37 of the Building Code, the Mechanical Code, and all other applicable laws. No unvented fuel-burning heater shall be Permitted. All heating devices or appliances shall be of an approved type. -8- (b) Elcct~ical F~uilment. &ll electrical equil~ent, wiring, and appliances shall be installe~ and maintained in a safe ~anner in accordance ¥ith all applicable laws. All electrical equipment shall be of an approved type. Where there is electrical po~er available within 300 feet of the premises of any building, such building shall be connected to such electrical power° Every habitable ro~a shall contain et least two supplied electric convenience outlets or o~e such convenience outlet and one supplied electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room, and public hallway shall contain at least one supplied electric light fixture. (c) Ventilation. Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required in the Mechanical Code and in this Code. Where mechanical ventilation is provided in lieu of the natural ventilation required by Section 504 Of this Code, such mechanical ventilating system shall be meintained in o~eration during the occupancy of any building or portion thereof. Chapter 8 F.,X'rTS Sec. 801. Every dwelling unit or guest ccom shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exitways, and 'appurtenances as required by Cha~ter 35 of the Building Code. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency egress or rescue. The units shell be operable from the inside to provide a full clear opening without the use of separate tools. All egress or rescue windows fro~'sleeping rooms shall have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than 44 inches above the floor. Chapter 9 FXI~E PI~OTECTION Sec. 901. All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the Building Code, for the appropriate occupancy, type of construction, and location on property or in fire zone; and shall be provided with the appropriate fire-extinguishing systems or equipment required by Chapter 38 of the Building Code. -9- Chapter 10 Sec. lOO1. {a) ~eneral. ~"ly building or portion thereof including any d~eLting unit, guest room o£ suite of located, in ~hich there exists any of the folloving listed conditions to an extent that endangers the-life, ltl~b, health, property, safety, or ~elfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building. (b) Inadequate Sanitation. Inadequate sanitation shall include but not be limited to the folloving: 1. Lack of or i~propar rater closet, lavatory, bathtub or ahoeer in a d~elltng unit. Lack of or i~proper eater closets, lavatories, and bathtubs or sho~ers per n,~aher of quests in a hotel. 3. Lack of or t~proper kitchen sink. 4. Lack of hot and cold running ~atar to plumbing fixtures in a hotel. 5. Lack of hot and cold running ~ater to plumbing ~ixtures in a d~elltng unit. 6. Lack of adequate heating facilities. 7. Lack of or i~propar operation of required ventilating equllment. 8. Lack of mini~ma a~ounts of natural light and ventilation required by these PITS. 9. Room and space dt~aensiona less than required by these PRS. 10. Lack o£ required electrical lighting. ll. Dampness of habitable 12. Infestation of insects, vermin or rodents as determined by the Rousing and Coe~unity Development Kanage£. 13, ~eneral dilapidation or.i~proper amintenance. 14o Lack of connection to required seeage disposal system. 15. Lack of adequate garbage and rubbish storage and re,oval facilities as determined by the Rousing and Community Development Nanager. -10- (c) Struotural Hazards. Structural hazards shall include but not be l~lnited to the following: 1. Deteriorated or inadequate foundations. 2. Dafective or deteriorated flooring or floor supports. Flooring or floor support of insufficient size to carry imposed loads and safety. Members of valle, partitions, or other vertical supports that split, lean, list or buckle due to defective material or deterioration. Members of vails, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration. Members of ceilings, fools, ceiling and roof supports, or other horizontal me.bets that are of insufficient size to carry imposed loads with safety. 8. Pit.places or chflnney8 which list, bulge, or settle, due to defective material or deterioration. 9. Fireplaces or cb4maeys which are of insufficient size or strength to carry imposed loads vith safety. Dangerous or deteriorating fences. (d) Nuisance. Any nuisance as defined in these PRS. (e) Hazardous Wiring. All wiring except that which conformed with all applicable laws in effect at the tJ~e of installation and which has been maintained in 9ood condition and is being used in a safe manner. (f) Hazardous plumbing. All plumbing except that which ounformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections and siphonage between fixtures. (g) Hazardous Mechanical ~quip~ent. All mechanical equip~ent, including vents, except that which conformed with all applicable laws in effect at the time of installation and which bas been maintained in good and safe condition. (h) Faulty Weather Protection, which shall include but not be limited to the following: 1. Daterio£ated, crumbling, or loose plaster. -11- 2. Deteriorated or ineffective water proofing of exterior walls, roof, foundations, or floors, including broken windows or doors. Defective or Luck of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. 4. Broken, rotted, split, or buckled exterior wall coverings or roof coverings. (i) Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Orange County Fire Warden or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire explosion arising fro~ any cause. (J) Faulty Materials of Construction. Ail materials of construction except those which are specifically allowed or approved by these PRS and the Building Code, and which have been adequately maintained in good and safe condition. (k) Hazardous or Unsanitary Premises. Those premises on which an acc~unulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health or safety hazards. (1) Inadequate Exits. Ail buildings or portions thereof not provided with adequate exit facilities as required by these P~S except those buildings or portions thereof whose exit facilities conformed with all aPPlicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of or improper location of exits, additional exits may be required to be installed. (n) Inadequate Fire-protection or Fire-fighting Equipment. All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by these PRS, except those buildings or portions thereof which conforme~ with all applicable laws at the thne of their construction and whose fire-resistive integrity and fire- extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in ocucl~ant load, alteration or addition, or any change in occupancy. (o) Improper Occupancy. AIl buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which are not designed or intended to be used for such occupancies. -12- Chaptez 11 " ~H~ CONSERVATION ~NE~AL Sec. 1101. (a) Energy Efficiency Performance l~equirement. Appropriate energy-conserving ~p£ovements such as insulation, caulking, and we&ther-proofing must be accomplished by the owner as part of the rehabilitation under this part, provided that these ~rovements are determined to be cost effective over a perio~ of 15 years. (h) ~nergy Co~servation requirements in New Building Construction shall comply with Chapter 53, Appendix of the U.B.C. Chapter 12 I~QUIRF24ENTS FOR pHYSIC~T.r.y ~NDICAPPED Sec. 1201. (a) Units accommodating physically handicapged occupants with wheelchairs and other special equipment shall not contain architectural harriers which impede access or use. Handrails and ramps shall be provided as appropr iate. Bt: decDH5:19 -13-