Chapter 798 Oregon Laws 2001

AN ACT

SB 15

Relating to seismic event preparation; appropriating money; limiting expenditures; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) Subject to the provision of funding by the State Department of Geology and Mineral Industries from gifts, grants and donations made available for carrying out this section, the Health Division shall provide for seismic safety surveys of hospital buildings that contain an acute inpatient care facility. As used in this subsection, “acute inpatient care facility” has the meaning given that term in ORS 442.470. As used in this subsection, “acute inpatient care facility” includes the Oregon Health Sciences University.

(2) Subject to available funding from gifts, grants and donations made available for carrying out this section, the State Department of Geology and Mineral Industries shall provide for seismic safety surveys of fire stations.

(3) Subject to available funding from gifts, grants and donations made available for carrying out this section, the department shall provide for seismic safety surveys of police stations, sheriffs’ offices and similar facilities used by state, county, district and municipal law enforcement agencies.

(4) The division and the department shall ensure that seismic safety surveys conducted under subsections (1) to (3) of this section are conducted in accordance with the Federal Emergency Management Agency publication, “Rapid Visual Screening of Buildings for Potential Seismic Hazards: A Handbook,” FEMA-154, 1988 Edition.

(5) A seismic safety survey under subsections (1) to (3) of this section is not required for any building that has previously undergone a seismic safety survey or that has been constructed to the state building code standards in effect for the seismic zone classification at the site on the effective date of this 2001 Act.

(6) The division or the department, as appropriate, shall ensure that seismic safety surveys required under subsections (1) to (3) of this section are completed by January 1, 2007.

SECTION 2. (1) The Health Division shall send the seismic safety surveys conducted pursuant to section 1 (1) of this 2001 Act to the State Department of Geology and Mineral Industries. Notwithstanding section 1 (6) of this 2001 Act, if the department determines that a survey is not fully and properly completed, the department may refuse to accept the survey and may return the survey to the division for correction or completion.

(2) The department may accept seismic safety surveys for buildings that are exempt under section 1 (5) of this 2001 Act if the department determines that the surveys are fully and properly completed and are sufficiently similar to other surveys to be useful. The surveys accepted by the department under this subsection do not need to be surveys conducted by the division or the department.

(3) The department shall use seismic safety surveys accepted under subsections (1) and (2) of this section or conducted pursuant to section 1 (2) or (3) of this 2001 Act to make an initial evaluation of the seismic safety of each surveyed building.

(4) Subject to available funding and after consultation with the department, the acute inpatient care facility, fire department or fire district or law enforcement agency shall conduct such additional seismic safety evaluations of buildings as the facility, fire department or fire district or law enforcement agency considers to be necessary. The facility, fire department or fire district or law enforcement agency shall conduct the evaluations using the life safety standard set forth in the Federal Emergency Management Agency publication, “Handbook for the Seismic Evaluation of Buildings: A Prestandard,” FEMA-310, 1998 Edition, or a stricter standard selected by the acute inpatient care facility, fire department or fire district or law enforcement agency that conducts the survey.

SECTION 3. Subject to available funding, if a building evaluated under section 2 (4) of this 2001 Act is found to pose an undue risk to life safety during a seismic event, the acute inpatient care facility, fire department, fire district or law enforcement agency using the building shall develop a plan for seismic rehabilitation of the building or for other actions to reduce the risk. Subject to available funding, all seismic rehabilitations or other actions to reduce the risk must be completed before January 1, 2022. If the building is listed on a national or state register of historic places or properties or is designated as a landmark by local ordinance, the plan for seismic rehabilitation or other actions shall be developed in a manner that gives consideration to preserving the character of the building.

SECTION 4. (1) The Health Division shall report to an appropriate committee of the Seventy-second Legislative Assembly and an appropriate committee of the Seventy-third Legislative Assembly regarding the progress the division has made toward completion of the seismic safety surveys described in section 1 of this 2001 Act.

(2) The State Department of Geology and Mineral Industries shall report to an appropriate committee of the Seventy-second Legislative Assembly and an appropriate committee of the Seventy-third Legislative Assembly regarding the progress the department has made toward completion of the seismic safety surveys described in section 1 of this 2001 Act.

SECTION 5. In addition to and not in lieu of any other appropriation, there is appropriated to the State Department of Geology and Mineral Industries, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $1, which may be expended for the purpose of carrying out the provisions of sections 1 and 2 (1) to (3) of this 2001 Act.

SECTION 6. Notwithstanding any other law, the amount of $1 is established for the biennium beginning July 1, 2001, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the State Department of Geology and Mineral Industries for the purpose of carrying out the provisions of sections 1 and 2 (1) to (3) of this 2001 Act.

SECTION 7. For purposes of sections 2 (4) and 3 of this 2001 Act, funding is available only if the Legislative Assembly provides the funding pursuant to a grant of bonding authority approved by the people at the first general election held throughout the state on or after January 1, 2002.

SECTION 8. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor July 19, 2001

Filed in the office of Secretary of State July 19, 2001

Effective date July 19, 2001

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