Guam Administrative Code

§7102. Responsibilities of Employer and Port Users. (1) The Employer shall provide, so far as the same shall be under its control, a safe working place for all operations. (2) The Employer shall provide for the proper and safe condition of all cargo handling gear supplied. (3) Th…

§7103. Responsibilities of Supervisors. The safety duties of supervisor including but not limited to: (1) They shall see that all working conditions are safe and that gear is in apparent safe working condition during the operation. (2) They shall only permit operations on or in s…

§7104. Responsibilities of Stevedore Leaders. The stevedore leader shall carry out the following safety duties: (1) They shall be in direct charge of their gang or group and shall see that all work is done in a safe manner. (2) They shall report promptly to their supervisor, or t…

§7105. Duties of Employees and General Safety Rules. (1) The safety rules of all parties to the agreement (Employers, Port Users and employees), in addition to those printed elsewhere in this Code, shall be to use and follow all federal and local rules and laws. (2) An injury of …

§7106. Responsibilities of Signal-persons and Winch Operators. The following shall be the safety duties of the persons designated as Signalperson and Winch Operators: (1) They shall consider themselves as the safety workers for the gang or unit, and for this purpose shall coopera…

§7107. Responsibilities of Crane Operators. The safety duties of crane operators are: (1) Before starting hoisting operations, crane operators shall do the following: (a) Shall follow all established "start-up" procedures; (b) Shall see that the crane is working properly by testi…

§7108. Responsibilities of Vehicle Operators. The safety duties of the vehicle operators are: (1) They shall test the brakes, steering gear, lights and mechanism for lowering, raising, and tilting forks before starting work, and report any defects to their supervisor, Safety pers…

§7109. Shipboard Safety Rules. (1) Deck loads shall be so stowed as not to interfere with safe operations of winches. (2) Temporary tables on which loads are to be landed shall be of sufficient size and strength to permit workers thereon to work in safety. (3) Cargo shall not be …

§7110. Dock Safety Rules. (1) When dangerous or broken floors, piers or bulkheads cannot be temporarily repaired in an adequate manner, they shall be barricaded until repairs are made. (2) Docks, piers, wharves or terminals shall be maintained in a safe condition. All surfacings …

§7111. Haulage Equipment Safety Rules. (1) Every power truck, operated from an end platform or pedal position shall be equipped with a substantial guard securely attached to the platform or frame of the vehicle in such a manner as to protect the operator and so designed that the …

§7112. Machine and Power Transmission Equipment. (1) Shields, screens, or other protective devices shall be provided which will prevent contact with gears, friction drives, cranks, connecting rods, and all other exposed moving parts of winches and other machinery. (2) All project…

§7113. Crane Safety Rules. (1) The term crane as used in this section refers to shore-based stevedoring cranes. (2) A substantial and durable rating chart with clearly legible letters and figures shall be provided with each crane and securely fixed to the crane cab in a location …

§7114. Work Center Safety Rules. (1) All work tables, benches, floors, etc. shall be maintained in a safe condition. All surfaces and floors shall be maintained in good repair. Fluorescent bulbs and other lamps shall be replaced when burned out, in order to maintain proper illumi…

§7115. Responsibilities of the Safety Office. (1) PAG Safety personnel shall inspect Port Authority areas, facilities, buildings, machinery, equipment, tools, and work methods for hazards and make recommendations for corrective action and improvements. These inspections shall be …

§7116. Penalties for Noncompliance. (1) All Port Authority of Guam employees must comply with all provisions of this Safety Code where required. Failure to comply will result in action being taken under the Port Authority of Guam Personnel Rules and Regulations. (2) All other use…

§ 2101. General Provisions. These Rules and Regulations are promulgated pursuant to the authority vested in the Guam Housing Corporation by the terms of 12 GCA Chapter 4. 1 CORPORATION…

§ 2102. Definitions. Unless the context requires otherwise, the definitions hereinafter set forth govern the construction of these Rules: (a) Code means the Guam Code Annotated. (b) Board means the Board of Directors of the Corporation as provided in 12 GCA ' 4112. (c) President …

§ 2103. Citation of Rules. Each section of these Rules is a rule of the Corporation and may be cited as such.

§ 2104. Effect of Headings, Article and Section Heading. Effect of headings, article and section headings shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article, section or part hereof. NOTE: Although the…

§ 2105. Loans. The rules and regulations of this Part shall apply to loans made pursuant to the provisions of 12 GCA ' 4110.

§ 2106. Same: General Provisions. Loans made pursuant to the provisions of this Part shall be subject to the following provisions: (a) Loans may be made only for the purpose of acquisition, construction or improvement of capital assets as 3 CORPORATION defined hereof; (b) Loans m…

§ 2107. Same: Application. Loan applications shall be completed with all pertinent attachments and exhibits. Applicants shall be required to submit proof of citizenship or certification of permanent residency status. Applicants shall also be required to furnish any and all other …

§ 2108. Same: Loan Disbursements. All loans approved by the Board shall show disbursements of fifteen percent (15%) or more of the sum approved within thirty (30) days after date of approval; the remaining portion thereof shall be disbursed within a period specified by the Corpor…

§ 2109. Same: Legal Approval Requirement. 4 CORPORATION All instruments executed according to the preceding section, as well as all legal documents of whatsoever nature entered into by the Corporation, under any rule, regulation or law applicable to the Corporation, shall be prep…

§ 2110. Same: Security. As security for all loans made pursuant to the terms hereof, the Corporation may require appropriate mortgages on all the assets of the entity to which the loan is made and such mortgages shall recite the interest of the Corporation in the business, operat…

§ 2111. Same: Encumbrances - Restriction. Any contract or agreement entered into by the Corporation must contain a provision to the effect that any and all encumbrances of whatsoever nature placed after the date of the loan upon the capital assets covered by the loan may be so pl…

§ 2112. Same: Financial Statement. The Corporation may require with the application, and at any time thereafter, a complete financial statement of the applicant made by a person or firm to prepare such financial statement, provided, however, that in either case the expense of pre…

§ 2113. Insured and Guaranteed Loans. The rules and regulations of § 2105 hereof shall apply to all insured and guaranteed loans: (a) The Corporation shall insure or guarantee loans under the Code only through the deposit of interest bearing 5 CORPORATION securities of a nature a…

§ 2114. Disqualification - Applicant Already Owns Concrete House. Any individual applicant applying for a housing loans should be considered disqualified if he already owns one or more habitable, safe and decent concrete houses.…

§ 2115. Home Improvement Defined. Home Improvement is defined as a valuable addition made to property or an amelioration in its condition, amounting to more than mere repairs or replacement of waste, costing labor or capital, and intended to enhance its value, beauty or utility.…

§ 2116. Home Repair Defined. Home Repair is defined to mean to mend, remedy, restore, renovate, to restore to a sound or good state after decay, injury, dilapidation or partial destruction. The term "home repair" contemplates an existing structure which has become imperfect and m…

§ 2117. Loan Priorities. 6 CORPORATION Home improvement loans for the purposes of construction of structures such as carports, patios, outdoor kitchens, fences or landscaping and home repair loans for repair of same shall be placed in the lowest priority for consideration by the …

§ 2118. Financial Disclosure. The Corporation shall disclose to each approved loan applicant the total amount of interest, fees, charges and expenses that shall be incurred by the applicant by virtue of the loan undertaking.…

§ 2119. Priorities. Guam Housing Corporation in recognition of the limitation of funds available for its statutorily defined purposes, herein establishes the following priorities for granting of loan requests: (a) First Priority: Homeless and Landless applicants. (b) Second Prior…

§ 2120. Guam Housing Trust Fund. (a) Purpose and Use of the Housing Trust Fund. (1) Pursuant to the Housing Trust Fund Act, codified at Title 12 GCA §§ 41001 – 41006, the purpose of the Housing Trust Fund (Fund) is to support the affordability and accessibility of housing for the…

§ 2201. Authority. The Rules and Regulations are hereby implemented pursuant to § 4705(e) of Article 7, Chapter 4, Title 12 of the Guam Code Annotated.

§ 2202. Scope. The Guam Housing Corporation shall establish and publish rules and regulations necessary to implement the First-Time Homeowner Assistance Program as enacted by Public Law 31- 166.

§ 2203. Communication. Communication concerning the First-Time Homeowner Assistance Program may be made to: President Guam Housing Corporation 13 CORPORATION P.O. Box 3457 Hagåtña, Guam 96932…

§ 2204. Computing Time. The following rules apply in computing any period of time specified in these rules: (a) exclude the day of the act, event, or default that begins the period; (b) exclude intermediate Saturdays, Sundays and legal holidays when the period is less than eleven…

§ 2205. Definitions. The following words and phrases, when used in these rules and regulations, shall have the meaning ascribed to them in this Section (a) Accredited means as recognized by the Council for Higher Education Administration (CHEA); for vocational schools, an accredi…

§ 2206. Construction. Unless specifically stated otherwise, in these rules and regulations pronouns of either gender apply equally to the other gender, the singular of a noun includes the plural and the plural includes the singular, and phrases in the conjunctive include the disj…

§ 2207. Entitlement to Assistance. Eligible applicants engaged in eligible transactions may receive assistance under the First-Time Homeowner Assistance Program.

§ 2208. Eligibility Criteria. Subject to the requirements of § 4703 of Article 7, Chapter 17 CORPORATION 4, Title 12 of the Guam Code Annotated, United States citizens and permanent resident aliens who are residents of Guam are eligible for assistance.…

§ 2209. Who is a Resident of Guam. (a) For purposes of this program, a resident of Guam is a United States citizen or permanent resident alien who has been a bona fide resident of Guam for not less than five (5) years immediately preceding the commencement date of the eligible tr…

§ 2210. Preference. (a) Demand for assistance by United States citizens shall be satisfied before considering applications for assistance from otherwise eligible permanent resident aliens. (b) Order. Applications for assistance shall be considered in the order received by the GHC…

§ 2211. When Demand is Satisfied. Demand for assistance by United States citizens shall be deemed satisfied when there remains funds available to award assistance to a permanent resident alien after subtracting from the program funds the amount of all acceptable and payable appli…

§ 2212. Affidavit of Occupancy. Within six (6) months of the completion of the eligible transaction, an applicant must file with the GHC an affidavit, in a form approved by the GHC, evidencing their occupancy of the home to which the application relates as the applicant’s princip…

§ 2213. Eligible Transaction Amount. The amount of an eligible transaction shall be no more than Two Hundred Fifty Thousand Dollars ($250,000), inclusive of any down payment, land purchase cost and closing cost. (a) Adjustment. The amount of an eligible transaction may be raised …

§ 2214. Application for Assistance. (a) Applications for assistance under the program must be made on forms, and in the manner, provided by the GHC. (b) Approved Forms are Appended Hereto. Forms are subject to revision and amendment as deemed necessary by the Guam Housing Corpora…

§ 2215. Time for Application. (a) Applications for assistance can be made on or after the commencement date of the eligible transaction and before the eligible transaction is completed. (b) Applications Out of Time. In no event may an application for assistance made before the co…