Chapter 30. Rules and Regulations for Single Family Housing Developments
13VAC10-30-10. Purpose and applicability.
The following rules and regulations will be applicable to mortgage loans which are made or are proposed to be made by the authority to housing sponsors to provide the construction financing of single family housing developments intended for ownership and occupancy by persons and families of low and moderate income (hereinafter referred to as the "development" or "developments"). The term "construction," as used herein, shall include the rehabilitation, preservation or improvement of existing structures.
Mortgage loans may be made or financed pursuant to these rules and regulations only if and to the extent that the authority has made or expects to make funds available therefore.
Notwithstanding anything to the contrary herein, the executive director is authorized with respect to any development to waive or modify any provision herein where deemed appropriate by him for good cause, to the extent not inconsistent with the Act.
All reviews, analyses, evaluations, inspections, determinations and other actions by the authority pursuant to the provisions of these rules and regulations shall be made for the sole and exclusive benefit and protection of the authority and shall not be construed to waive or modify any of the rights, benefits, privileges, duties, liabilities or responsibilities of the authority, the mortgagor, the contractor or other members of the development team under the initial closing documents (as defined in 13VAC10-30-60).
The rules and regulations set forth herein are intended to provide a general description of the authority's processing requirements and are not intended to include all actions involved or required in the processing and administration of mortgage loans under the authority's single family housing construction loan program. These rules and regulations are subject to change at any time by the authority and may be supplemented by policies, rules and regulations adopted by the authority from time to time with respect to any particular development or developments or single family housing program or programs.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.
Historical Notes
Derived from VR400-02-0002 § 1, eff. July 1, 1989.
13VAC10-30-20. General description.
The authority may make mortgage loans secured by a lien on real property in order to finance the construction of developments intended for ownership and occupancy by persons and families of low and moderate income. The board establishes, from time to time, income limits for ownership and occupancy of single family homes financed by the authority. For the purpose of these rules and regulations, a person or family shall be deemed to be of low and moderate income if the gross family income of such person or family does not exceed the applicable income limit established by the board. Furthermore, the board may establish, in the resolution authorizing any mortgage loan to finance a development under these rules and regulations, lower income limits for the purchasers of single family dwelling units in such development. In the case of developments which are subject to federal mortgage insurance or assistance, federal regulations may establish lower income limitations which in effect supersede the authority's income limits as described above.
Notwithstanding anything to the contrary herein, all developments must comply with (i) the Act and the authority's rules and regulations, (ii) the applicable federal laws and regulations governing the federal tax exemption of any notes or bonds issued by the authority to finance such developments, (iii) in the case of developments subject to federal mortgage insurance or other assistance, all applicable federal laws and regulations relating thereto and (iv) the requirements set forth in the resolutions pursuant to which the notes or bonds, if any, are issued by the authority to finance the developments. Copies of the authority's note and bond resolutions shall be available upon request.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.
Historical Notes
Derived from VR400-02-0002 § 2, eff. July 1, 1989.
13VAC10-30-30. Terms of mortgage loans.
The term of the mortgage loan shall be equal to the period determined by the executive director to be necessary to complete construction of the development and to sell and convey the housing units to persons and families of low and moderate income, but in no event shall such period exceed five years.
Mortgage loans may be made in amounts not to exceed the lesser of the maximum principal amount specified in the mortgage loan commitment or such percentage of the estimated housing development costs of the development as is established in such commitment, but in no event shall such percentage exceed 95% in the case of for-profit housing sponsors and 100% in the case of nonprofit housing sponsors.
In determining the estimated total development costs, the categories of costs which shall be includable therein shall be those set forth in the authority's rules and regulations for multi-family housing developments (including a reasonable profit to the mortgagor), to the extent deemed by the executive director to be applicable to the development, and such other costs as the executive director shall deem reasonable and necessary for the sale and conveyance of the units in the proposed development.
The maximum principal amount and percentage of estimated housing development costs specified or established in the mortgage loan commitment shall be determined by the authority in such manner and based upon such factors as it deems relevant to the security of the mortgage loan and the fulfillment of its public purpose.
The board may establish from time to time maximum sales prices which will be applicable to units financed hereunder; provided, that the board may establish, in the resolution authorizing any mortgage loan to finance a development under these rules and regulations, lower maximum sales prices for the units in such development.
The interest rate on the mortgage loan shall be established at the initial closing and may be thereafter adjusted in accordance with the authority's rules and regulations and the terms of the deed of trust note. The authority shall charge a nonrefundable processing fee of $500 and a financing fee equal to 1-½% (less the $500 processing fee) of the mortgage loan amount, unless the executive director shall for good cause require the payment of a different processing or financing fee. Such fee shall be payable at such times as hereinafter provided or at such other times as the executive director shall for good cause require.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.
Historical Notes
Derived from VR400-02-0002 § 3, eff. July 1, 1989.
13VAC10-30-40. Solicitation of proposals.
The executive director may from time to time take such action as he may deem necessary or proper in order to solicit proposals for the financing of developments. Such actions may include advertising in newspapers and other media, mailing of information to prospective applicants and other members of the public, and any other methods of public announcement which the executive director may select as appropriate under the circumstances. The executive director may impose requirements, limitations and conditions with respect to the submission of proposals and the selection of developments as he shall consider necessary or appropriate. The executive director may cause market studies and other research and analyses to be performed in order to determine the manner and conditions under which available funds of the authority are to be allocated and such other matters as he shall deem appropriate relating to the selection of proposals. The authority may also consider and approve proposals for financing of developments submitted from time to time to the authority without any solicitation therefor on the part of the authority.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.
Historical Notes
Derived from VR400-02-0002 § 4, eff. July 1, 1989.
13VAC10-30-50. Application and processing.
Application for a mortgage loan shall be commenced by filing with the authority an application, on such form or forms as the executive director may from time to time prescribe, together with such documents and additional information as may be requested by the authority, including, but not limited to:
1. Financial statement of the applicant, the general contractor and the principals therein and information regarding other projects in which the applicant, general contractor and principals therein are or have been involved.
2. If the applicant is incorporated, a corporate resolution setting forth the applicant's borrowing capacity and a certificate of incumbency identifying officers of the corporation.
3. Information regarding the business status and experience of the applicant, general contractor, and any other members of the proposed development team.
4. Plans and specifications for roads and streets which are to serve the proposed development.
5. Site plans and specifications showing location of homes and streets, topography, ground cover, easements, drainage, lots, driveways and utilities.
6. Plans and specifications for each unit type.
7. The subdivision plat which has been or will be recorded.
8. Any documents required by the authority to evidence compliance with all conditions and requirements necessary to own, construct, and sell the units in the proposed development, including local governmental approvals, proper zoning status, licenses and other necessary legal authorizations, and any easements necessary for the construction and occupancy of the development.
9. Any option or sales contract to acquire the site of the proposed development.
10. Area and location maps indicating location of the proposed development and public and private facilities in the immediate vicinity of the proposed development.
11. Evidence of the availability and capacity of public water and sewer systems and/or approval of individual well and/or septic systems by lot by the appropriate authority and/or all necessary permits for the construction of private utility systems with supporting documents.
12. The applicant's (i) best estimates of the housing development costs and the components thereof, (ii) proposed mortgage loan amount, and (iii) proposed sales prices.
13. The applicant's marketing plan, including (i) the proposed sales prices of the single family dwelling units; (ii) the utilization of any mortgage insurance, subsidy or other assistance from the federal government or any other source; (iii) the proposed income levels of purchasers therefor, which income levels shall not exceed the income limitations of the authority applicable to the single family dwelling units; and (iv) the marketing strategies, techniques and procedures to be followed with respect to the sale of the single family dwelling units (including any affirmative marketing efforts and media advertising plans) and the identity and qualifications of the proposed marketing agent of the applicant.
The executive director may for good cause permit the applicant to file one or more of the foregoing forms, documents and information at a later time, and any review, analysis, determination or other action by the authority or the executive director prior to such filing shall be subject to the receipt, review and approval of such forms, documents and information.
The executive director may require that the nonrefundable processing fee of $500 accompany the application. If after a site inspection by the authority the application is disapproved, then the authority will deduct its expenses to date and will refund the balance.
An appraisal of the land and any improvements to be retained and used as a part of the development will be obtained at this time or as soon as practical thereafter from an independent real estate appraiser selected by the authority. The executive director may require the applicant to reimburse the authority for the cost of such appraisal. The executive director may also obtain such other reports, analyses, information and data as he deems necessary or appropriate to evaluate the proposed development.
If at any time the executive director determines that the applicant is not processing the application with due diligence and best efforts or that the application cannot be successfully processed to commitment and initial closing within a reasonable time, he may, in his discretion, terminate the application and retain any fees previously paid to the authority.
The authority's staff shall review the application and any additional information submitted by the applicant or obtained from other sources by the authority in its review of the proposed development. Such review shall be performed in accordance with § 36-55.33:1 D 2 of the authority's Act and shall include, but not be limited to, the following:
1. An analysis of the site characteristics, surrounding land uses, available utilities, transportation, employment opportunities, recreational opportunities, shopping facilities and other factors affecting the site;
2. An evaluation of the ability, experience and financial capacity of the applicant and general contractor and the qualifications of any other members of the proposed development team;
3. An evaluation of the estimated construction costs, the proposed sales prices, and the design and structure of the proposed development;
4. A market analysis as to the present and projected demand for the proposed development in the market area, including: an evaluation of existing and future market conditions; an analysis of trends and projections of housing production, employment and population for the market area; a site evaluation (such as access and topography of the site, neighborhood environment of the site, public and private facilities serving the site and present and proposed uses of nearby land); and an analysis of competitive projects;
5. A review of the marketing plan, including its effect on the economic feasibility of the proposed development and its efficacy in carrying out the programs and policies of the authority;
6. An analysis of the plans and specifications, including the functional use and living environment of the units, the marketability of the units as designed, the amenities, equipment and facilities to be provided, and the maintenance and energy conservation characteristics of the units in the proposed development.
Based on the authority's review of the applications, documents and any additional information submitted by the applicants or obtained from other sources by the authority in its review of the proposed developments, the executive director shall prepare a recommendation to the board that a mortgage loan commitment be issued to the applicant with respect to the proposed development if he determines that all of the foregoing criteria have been satisfied.
1. The vicinity of the proposed development is and will continue to be a residential area suitable for the proposed development and is not now, nor is it likely in the future to become, subject to uses or deterioration which could cause undue depreciation in the value of the units in the proposed development or which could adversely affect its marketability or economic feasibility.
2. There are or will be available on or before the estimated completion date (i) direct access to adequate public roads and any necessary public utilities and (ii) such public and private facilities (such as schools, churches, transportation, retail and service establishments, parks, recreational facilities and major public and private employers) in the area of the proposed development as the executive director determines to be necessary or desirable for use and enjoyment by the contemplated residents.
3. The characteristics of the site (such as its size, topography, terrain, soil and subsoil conditions, vegetation, and drainage conditions) are suitable for the construction of the proposed development, and the site is free from any defects which would have a materially adverse effect on such construction.
4. The location of the proposed development will promote and enhance the marketability of the units to the person and families intended for ownership and occupancy thereof.
5. The applicant either owns the site of the proposed development of has the legal right to acquire the site in such manner, at such time and subject to such terms as will permit the applicant to process the application and consummate the initial closing (any such ownership acquired or to be acquired shall be free of any covenants, restrictions, easements, conditions, or other encumbrances which would adversely affect the authority's security or the construction or sale of the proposed development).
6. The design of the proposed development and the units therein is attractive and esthetically appealing, will contribute to the marketability of the proposed development, makes use of materials to reduce energy and maintenance costs, provides for units with adequate, well-designed space, includes equipment and facilities customarily used or enjoyed in similar developments in the area by the contemplated residents, and will otherwise provide safe, habitable and pleasant living accommodations and environment for such residents.
7. Any administrative, community, health, educational, recreational, commercial or other nonhousing facilities to be included in the proposed development are incidental to the proposed development and are necessary, convenient or desirable with respect to the occupancy and ownership of the units in the proposed development.
8. The applicant's estimates of housing development costs (i) include all costs necessary for the development, construction and sale of the proposed development, (ii) are reasonable in amount, (iii) are based upon valid data and information, and (iv) are comparable to costs for similar single family developments.
9. The proposed sales prices are in amounts which (i) do not exceed any applicable maximum sales prices established by the authority, (ii) will permit the applicant to recover his costs of development, construction and sale of the proposed development and to receive a reasonable profit as determined by the executive director, (iii) will be affordable by the persons and families intended to be assisted by the authority and (iv) will permit the successful marketing of the units to such persons and families within the term of the mortgage loan.
10. The applicant and general contractor have the experience, ability and financial capacity necessary to carry out their respective responsibilities for the acquisition, construction, marketing, and sale of the proposed development.
11. Any other members of the proposed development team have the qualifications necessary to perform their respective functions and responsibilities.
12. The marketing plan submitted by the applicant shall comply with these rules and regulations and shall provide for actions to be taken such that (i) the dwelling units in the proposed development will be sold and occupied within the term of the mortgage loan by those eligible persons and families who are expected to be served by the proposed development and (ii) the residents will be selected without regard to race, color, religion, creed, sex or national origin.
13. In the case of any development to be insured or otherwise assisted or aided by the federal government, the proposed development will comply in all respects with any applicable federal laws, rules and regulations, and adequate federal insurance, subsidy, or assistance is available for the proposed development and will be expected to remain available during the term of the mortgage loan.
14. The proposed development will comply with (i) all applicable federal laws and regulations governing the federal tax exemption of any notes or bonds issued or to be issued by the authority to finance the proposed development and (ii) all requirements set forth in the resolutions pursuant to which any such notes or bonds are issued or to be issued.
15. The prerequisites necessary for the owner, general contractor and other members of the applicant's development team to acquire, own, construct and sell the units in the proposed development have been satisfied or can be satisfied prior to initial closing. These prerequisites include, but are not limited to obtaining: (i) site plan approval, (ii) proper zoning status, (iii) assurances of the adequacy and availability of the requisite public or private utilities and services, (iv) commitments by public officials to construct such public improvements and accept the dedication of streets and easements that are necessary or desirable for the construction and occupancy of the proposed development, (v) licenses and other legal authorizations necessary to permit the owner, general contractor, and any other member of the applicant's development team to perform his or its duties and responsibilities in the State of Virginia, and (vi) building permits.
16. The proposed development will not have a materially adverse effect on any other housing development located or to be located in the same market area for ownership and occupancy by the same type of resident and financed or to be financed by the authority.
17. The application and proposed development conform to any requirements, limitations and conditions imposed by the executive director pursuant to 13VAC10-30-40 hereof.
18. The proposed development will contribute to the implementation of the policies and programs of the authority in providing decent, safe and sanitary rental housing for low and moderate income persons and families who cannot otherwise afford such housing and will assist in meeting the need for such housing in the market area of the proposed development.
19. It appears that the proposed development will otherwise continue to be processed through initial closing and will be completed and sold, all in compliance with the Act and these rules and regulations, the documents and contracts executed at initial closing, any applicable federal laws, rules and regulations, and the provisions hereof and without unreasonable delay, interruptions or expense.
20. The proposed development will comply with all applicable state and local laws, ordinances, regulations, and requirements.
21. The proposed development will provide valid and sound security for the authority's mortgage loan and will contribute to the fulfillment of the public purposes of the authority as set forth in its Act.
22. Subject to a final determination by the board, the financing of the proposed development will meet the applicable requirements set forth in § 36-55.39 A of the Code of Virginia.
Proposed developments shall be selected only to the extent that the authority has or expects to have funds available from the sale of its notes or bonds or from other sources to finance mortgage loans. If funds are insufficient to finance all of the mortgage loans for the proposed developments then being considered, the executive director shall select those proposed developments which best satisfy the foregoing criteria.
In the selection of an application, the executive director may take into account the desirability of allocating funds to different housing sponsors throughout the Commonwealth.
Nothing contained herein shall require the authority to select any application which, in the judgment of the executive director, does not adequately satisfy the foregoing criteria.
If the executive director determines that the foregoing criteria are satisfied and that he will recommend approval of the application and issuance of the commitment, he shall present his analysis and recommendations to the board. If the executive director determines that one or more of the foregoing criteria have not been adequately satisfied, he may nevertheless in his discretion recommend to the board that the application be approved and that a mortgage loan commitment be issued subject to the satisfaction of such criteria in such manner and within such time period as he shall deem appropriate. Prior to the presentation of his recommendations to the board, the executive director may require the payment by the applicant of a nonrefundable processing fee in an amount equal to one-half of 1.0% of the then estimated mortgage loan amount less any processing fee previously paid by the applicant. Such fee shall be applied at initial closing toward the payment of the authority's financing fee.
The board shall review and consider the analysis and recommendation of the executive director, and if it concurs with such recommendation, it shall by resolution approve the application and authorize the mortgage loan and the issuance of a commitment therefor, subject to such terms and conditions as the board shall require in such resolution. Such resolution or commitment shall set forth the estimated total housing development costs and the principal amount and term of the mortgage loan and shall include such terms and conditions as the authority considers appropriate with respect to the construction of the proposed development, the marketing and sale of the single family dwelling units in such development (including any income limits or maximum sales prices lower than those established in the authority's rules and regulations), the disbursement and repayment of the mortgage loan, assurances of successful completion of the proposed development and all other matters related to the construction and sale of the proposed development. Such resolution or commitment may include a financial analysis of the proposed development setting forth the sales price limits for the single family dwelling units within the proposed development and a schedule of the estimated housing development costs.
If the executive director determines not to recommend approval of the application and issuance of a commitment, he shall so notify the applicant. If any application is not so recommended for approval, the executive director may select for processing one or more applications in its place.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.
Historical Notes
Derived from VR400-02-0002 § 5, eff. July 1, 1989.
13VAC10-30-60. Initial closing.
Upon issuance of the commitment, the applicant shall direct its attorney to prepare and submit the legal documentation (the "initial closing documents") required by the commitment within the time period specified. When the initial closing documents have been submitted and approved by the authority staff and all other requirements in the commitment have been satisfied, the initial closing of the mortgage loan shall be held. At this closing, the initial closing documents shall be, where required, executed and recorded, and the mortgagor will pay to the authority the balance owed on the financing fee, will make any initial equity investment required by the initial closing documents and will fund such other deposits, escrows and reserves as required by the commitment. The initial disbursement of mortgage loan proceeds will be made by the authority, if appropriate under the commitment and the initial closing documents.
The actual interest rate on the mortgage loan shall be established by the executive director at the time of the execution of the deed of trust note at initial closing and may thereafter be altered by the executive director in accordance with the authority's rules and regulations and the terms of such note.
The executive director may require such accounts, reserves, deposits, escrows, bonds, letters of credit and other assurances as he shall deem appropriate for the satisfactory construction, completion and sale of the development. The foregoing shall be in such amounts and subject to such terms and conditions as the executive director shall require and as shall be set forth in the initial closing documents.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.
Historical Notes
Derived from VR400-02-0002 § 6, eff. July 1, 1989.
13VAC10-30-70. Construction.
The construction of the development shall be performed in accordance with the initial closing documents. The authority shall have the right to inspect the development as often as deemed necessary or appropriate by the authority to determine the progress of the work and compliance with the initial closing documents and to ascertain the propriety and validity of mortgage loan disbursements requested by the mortgagor. Such inspections shall be made for the sole and exclusive benefit and protection of the authority. A disbursement of the mortgage loan proceeds may only be made upon a determination by the authority that the terms and conditions of the initial closing documents with respect to any such disbursement have been satisfied; provided, however, that in the event that such terms and conditions have not been satisfied, the executive director may, in his discretion, permit such disbursement if additional security or assurance satisfactory to him is given. The amount of any disbursement shall be determined in accordance with the terms of the initial closing documents and shall be subject to such retainage or holdback as is therein prescribed.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.
Historical Notes
Derived from VR400-02-0002 § 7, eff. July 1, 1989.
13VAC10-30-80. Mortgage loan increases.
Prior to initial closing, the principal amount of the mortgage loan and/or the maximum sales prices may be increased, if such an increase is justified by an increase in the estimated costs of the proposed development, is necessary or desirable to effect the successful construction and sale of the proposed development, can be funded (in the case of a mortgage loan increase) from available moneys of the authority or proceeds of the authority's notes or bonds, and is not inconsistent with the provisions of the Act or these rules and regulations. Any such increase shall be subject to such terms and conditions as the authority shall require.
Subsequent to initial closing, the authority will consider and, where appropriate, approve an increase in the principal amount of the mortgage loan and/or the maximum sales prices in the following instances:
1. Where cost increases are incurred as the direct result of (i) changes in work required or requested by the authority of (ii) betterments to the development approved by the authority which will improve the quality or value of the development;
2. Where cost increases are incurred as a direct result of a failure by the authority during processing of the development to properly perform an act for which the authority is solely responsible;
3. Where an increase in the mortgage loan or maximum sales price is determined by the authority, in its sole and absolute discretion, to be in the best interests of the authority in protecting its security for the mortgage loan; or
4. Where the authority has entered into an agreement with the mortgagor prior to initial closing to provide an increase in the mortgage loan or maximum sales price if certain cost overruns occur in agreed line items, but only to the extent set forth in such agreement.
Any such increase in the mortgage loan or maximum sales price subsequent to initial closing may be subject to such terms and conditions as the authority shall require, including (but not limited to) one or more of the following:
1. The ability of the authority to sell notes or bonds to finance the mortgage loan increase in amounts, at rates and under terms and conditions satisfactory to the authority (applicable only to a mortgage loan increase to be financed from the proceeds of the authority's notes or bonds).
2. A determination by the authority that the mortgage loan increase in the principal amount of the mortgage loan and/or in the maximum sales price will have no material adverse effect on the marketability of the development.
3. A determination by the authority that the mortgage loan, as increased, does not exceed such percentage of the total development cost as is established in the resolution authorizing the mortgage loan in accordance with 13VAC10-30-30 hereof.
4. Such terms and conditions as the authority shall require in order to protect the security of its interest in the mortgage loan, to comply with covenants and agreements with the holders of any notes or bonds issued to finance the mortgage loan, to comply with the Act and these rules and regulations, and to carry out its public purpose.
The executive director may, at any time and without further action by the board, increase (i) the principal amount of the mortgage loan by an amount or amounts not to exceed 2.0% of the maximum principal amount of the mortgage loan set forth in the commitment and/or (ii) the maximum sales prices for the units in the developments to the highest maximum sales prices then established by the authority for newly constructed units in the area in which the development is located; provided that any such increase in the mortgage loan or maximum sales price is consistent with the Act and these rules and regulations and the provisions hereof. Any increase in excess of the foregoing amounts shall require the approval of the board.
Nothing contained in this section (13VAC10-30-80) shall impose any duty or obligation on the authority to increase any mortgage loan or maximum sales price, as the decision as to whether to grant such increase shall be within the sole and absolute discretion of the authority.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.
Historical Notes
Derived from VR400-02-0002 § 8, eff. July 1, 1989.
13VAC10-30-90. Sale of housing units; supervision by the authority.
The sale of units in the development shall be subject to a regulatory agreement executed at the initial closing by the authority and the mortgagor. Such regulatory agreement shall govern the construction of the development, the marketing and sale of the units, the maximum sales prices for such units, eligibility of purchasers of such units, the use and disposition of the development, the payment of any penalty described below for sale to a person or family not of low and moderate income, and such other matters as the executive director shall deem appropriate. Only sales prices established or approved on behalf of the authority pursuant to the regulatory agreement may be charged for units in the development. The mortgagor shall execute such other documents with regard to the regulation of the development as the executive director may determine to be necessary or appropriate to protect the interests of the authority and to permit fulfillment of the authority's duties and responsibilities under the Act and these rules and regulations.
In the event that a single family dwelling unit shall be sold to a purchaser who is not of low or moderate income as described in 13VAC10-30-20 of this chapter, the authority shall have the right to require the mortgagor to pay a penalty in such amount as shall be prescribed in the resolution authorizing the mortgage loan or in the commitment issued pursuant to such resolution.
The authority shall have the power to supervise the mortgagor and the development in accordance with § 36-55.34:1 of the Code of Virginia. The authority shall have the right to inspect the development, conduct audits of all books and records of the development and to require such reports as the authority deems reasonable.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.
Historical Notes
Derived from VR400-02-0002 § 9, eff. July 1, 1989.