Section 10100.3 Of Chapter 2. Improvements Authorized From California Streets And Highways Code >> Division 12. >> Chapter 2.
10100.3
. (a) Whenever the public interest or convenience requires,
the legislative body may use the powers of this division to pay for
work or to make loans deemed necessary to bring buildings, including
privately owned buildings, into compliance with fire safety standards
or regulations. The legislative body shall declare that public loans
or funds to owners of private buildings for fire safety improvements
pursuant to this section constitute a public purpose resulting in a
public benefit.
(b) Only work certified as necessary to comply with fire safety
standards or regulations by local building officials may be financed.
No project involving the dismantling of an existing building and its
replacement by a new building or the construction of a new or
substantially new building may be financed pursuant to this section.
Work on qualified historical buildings or structures shall be done in
accordance with the State Historical Building Code (Part 2.7
(commencing with Section 18950) of Division 13 of the Health and
Safety Code).
(c) Any financing for fire safety improvements of a residential
structure containing units that were rented by households specified
in Section 50079.5 of the Health and Safety Code before making of
fire safety improvements shall be subject to a regulatory agreement
that will ensure that the number of those units in the structure will
not be reduced and will remain available at affordable rents
pursuant to Section 50053 of the Health and Safety Code as long as
any portion of a loan issued pursuant to this section remains unpaid.
(d) No lot, parcel, or building shall be included in the district
without the owner's consent.
(e) The Legislature hereby declares that the expenditure of public
funds or making of loans to owners of private buildings pursuant to
this section for fire safety improvements constitutes a public
purpose resulting in a public benefit. Public funds or loans made
pursuant to this section shall not be construed to be gifts of public
funds in violation of Section 6 of Article XVI of the California
Constitution.