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
B-Engrossed
Senate Bill 14
Ordered by the House May 21
Including Senate Amendments dated April 18 and House Amendments
dated May 21
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 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 - } { + State Board of Higher Education, local
school district boards, community college boards and education
service district boards + }, after consultation with department,
to conduct seismic safety evaluations { + as considered
necessary by each of the boards + } 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 State Board of Higher Education, local school
district board, community college board or education service
district board shall conduct such additional seismic safety
evaluations of buildings as each of those boards considers
necessary. The boards 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 board that conducts the
survey. + }
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, local school district
board, community college board or education service district
board, as appropriate, shall develop a plan for seismic
rehabilitation of the building or for other actions to reduce the
risk. For a board that is subject to ORS 291.224, the 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. A board that is subject to ORS 291.224
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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