(a) A license shall not be issued to any intermediate care facility/developmentally disabled--habilitative which does not conform to the requirements of Section 1267.8, Health and Safety Code. Evidence of such compliances shall be presented in writing to the Department.

(b) It shall be the responsibility of the licensee to maintain the facility in a safe structural condition. If the Department determines that an evaluation of the structural condition of a facility is necessary, the licensee may be required to submit a report by a licensed structural engineer which shall establish a basis for eliminating or correcting the structural conditions which are found to be hazardous to occupants.