71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 170
A-Engrossed
Senate Bill 14
Ordered by the Senate April 18
Including Senate Amendments dated April 18
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Water, Agriculture and Natural Resources for Senator Peter
Courtney and the Oregon Seismic Safety Policy Commission)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires { - inventory and rehabilitation of certain public
school, community college and public university buildings that
would pose threat to occupant safety in event of earthquake - }
{ + State Board of Higher Education and State Board of
Education, subject to provision of funding by State Department of
Geology and Mineral Industries, to provide for seismic safety
surveys on certain buildings + }. Creates exceptions. { +
Requires boards, after consultation with department, to conduct
seismic safety evaluations on certain buildings. Requires boards
to develop plans for seismic rehabilitation or other actions to
reduce seismic risk for certain buildings. Requires
rehabilitation or other actions to be completed by January 1,
2032. Provides that evaluations, plans and completion of
rehabilitation or other actions to reduce seismic risk are
required only if Legislative Assembly provides funding pursuant
to bonding authority approved by people. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to seismic event preparation; 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, the State
Board of Higher Education shall provide for seismic safety
surveys of buildings that have a capacity of 250 or more persons
and are routinely used for student activities by public
institutions or departments under the control of the board. For
purposes of this section, the Oregon Health Sciences University
is not under the control of the board.
(2) Subject to the provision of funding by the State Department
of Geology and Mineral Industries, the State Board of Education
shall provide for seismic safety surveys of buildings that have a
capacity of 250 or more persons and are routinely used for
student activities by kindergarten through grade 12 public
schools, community colleges and education service districts.
(3) The boards shall ensure that the seismic safety surveys
under subsection (1) or (2) 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.
(4) A seismic safety survey under subsection (1) or (2) 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 that are in effect for the
seismic zone classification at the site on the effective date of
this 2001 Act.
(5) The boards may, by rule, establish standards to identify
which buildings are routinely used for student activities. The
standards must provide for the inclusion of buildings not used as
classrooms, including but not limited to libraries, auditoriums
and dining facilities. The boards shall adopt rules for
determining building capacity.
(6) To the extent practicable, the boards shall ensure that the
seismic safety surveys required under subsections (1) and (2) of
this section are completed by January 1, 2007. + }
SECTION 2. { + (1) The State Board of Higher Education and the
State Board of Education shall send surveys conducted pursuant to
section 1 (1) and (2) 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 appropriate board for
correction or completion.
(2) The department may accept seismic safety surveys for
buildings that are exempt under section 1 (4) 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 boards.
(3) The department shall use seismic safety surveys accepted
under subsections (1) and (2) of this section 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 boards shall conduct such additional seismic
safety evaluations of buildings as the boards consider
reasonable. The boards shall conduct the evaluations using the
life safety standard established by the department by rule. In
establishing the life safety standard, the department shall give
consideration to the standard set forth in the Federal Emergency
Management Agency publication, 'Handbook for the Seismic
Evaluation of Buildings: A Prestandard,' FEMA-310, 1998
Edition. + }
SECTION 3. { + Subject to available funding, if a building
evaluated under section 2 (4) of this 2001 Act is found by a
board to pose an undue risk to life safety during a seismic
event, the State Board of Higher Education or the State Board of
Education, as appropriate, shall develop a plan for seismic
rehabilitation of the building or for other actions to reduce the
risk. A board's plan to rehabilitate or take other action to
reduce the seismic risk of a building must be included in the
capital construction program of the board required by ORS
291.224. The board shall rank the relative benefit of projects to
reduce seismic risk in comparison with other life safety and code
requirement projects. Subject to availability of funding, all
seismic rehabilitations or other actions to reduce seismic risk
must be completed before January 1, 2032. 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 action shall be
developed in a manner that gives consideration to preserving the
character of the building. + }
SECTION 4. { + (1) The State Board of Higher Education 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
board has made toward completion of the surveys described in
section 1 of this 2001 Act.
(2) The State Board of Education 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 board has made toward completion of
the surveys described in section 1 of this 2001 Act. + }
SECTION 5. { + 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 6. { + 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. + }
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