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
Senate Bill 14
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 as
introduced.
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. Creates
exceptions.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to seismic event preparation; creating new provisions;
amending ORS 455.390; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The following shall conduct seismic
rehabilitation surveys of their buildings that are used for
instruction and have a capacity of 250 or more students:
(a) District school boards as defined in ORS 332.002;
(b) Boards of education of community college districts; and
(c) Administrators of state institutions of higher education
listed in ORS 352.002.
(2) All entities required to conduct seismic rehabilitation
surveys under subsection (1) of this section shall report the
survey results to the Department of Consumer and Business
Services. In addition to reporting to the department:
(a) District school boards and boards of education of community
college districts shall report the survey results to the State
Board of Education.
(b) Administrators of state institutions of higher education
listed in ORS 352.002 shall report the survey results to the
State Board of Higher Education.
(3) A report pursuant to subsection (2) of this section shall
contain all of the following:
(a) An engineering evaluation of the surveyed buildings based
on structural inspection and analysis, including but not limited
to a determination of the potential for structural collapse, fall
hazards, tsunami vulnerability or other threats to occupant
safety during a seismic event.
(b) A plan for seismic rehabilitation if a surveyed building is
identified as posing a threat to occupant safety during a seismic
event. The plan shall provide for rehabilitation to life safety
level seismic performance standards established by department
rule. However, the department or a municipality acting under ORS
455.020 (4) and 455.150 may approve rehabilitation to a lower
level of seismic performance if rehabilitation to the life safety
level is not practicable. In lieu of a plan for seismic
rehabilitation, the report may contain a plan for the building to
be demolished, vacated or converted to an alternate use.
(c) A proposed schedule for completing the seismic
rehabilitation or other disposition of each building described
under paragraph (b) of this subsection.
(4) The department may establish a schedule for the completion
of a rehabilitation or other disposition. All rehabilitations or
other dispositions must be completed before January 1, 2032.
(5) Notwithstanding subsections (1) and (2) of this section:
(a) A seismic rehabilitation survey is not required for any
building constructed in accordance with life safety level seismic
performance standards established by department rule; and
(b) A seismic rehabilitation survey is not required for any
building that has previously been rehabilitated or for which a
seismic rehabilitation agreement or seismic rehabilitation
program has been approved by state or local government prior to
the effective date of this 2001 Act. + }
SECTION 2. { + The Department of Consumer and Business
Services, in consultation with the State Department of Geology
and Mineral Industries, State Board of Education and State Board
of Higher Education, shall adopt rules to govern the conducting
and reporting of seismic rehabilitation surveys as required by
section 1 of this 2001 Act. + }
SECTION 3. ORS 455.390 is amended to read:
455.390. As used in ORS 455.020, 455.390, 455.395 and 455.400
{ + and sections 1 and 2 of this 2001 Act + }:
(1) 'Seismic rehabilitation' means construction of structural
improvements to a building that result in the increased
capability of the building to resist earthquake forces and that
are based on standards adopted by the State of Oregon or by local
governments.
(2) 'Seismic rehabilitation agreement' means an agreement
between a local government entity and a building owner pursuant
to a seismic rehabilitation program for the phased completion of
structural improvements to the owner's building.
(3) 'Seismic rehabilitation data' means data contained in any
documents, reports, studies, test results, papers, files or other
records that result from a seismic rehabilitation survey or are
contained in a seismic rehabilitation agreement. 'Seismic
rehabilitation data' does not include data or reports required by
ORS 455.447 or rules adopted pursuant thereto.
(4) 'Seismic rehabilitation program' means any program enacted
under an ordinance of a local government entity that provides for
the seismic rehabilitation of buildings within the jurisdiction
of the entity and authorizes the rehabilitation to be phased over
a period of time not to exceed 10 years.
(5) 'Seismic rehabilitation survey' means any investigation,
survey, audit or other process for generating data from which the
local government entity and the building owner may determine and
agree upon the deficiencies that need to be addressed in a plan
for the seismic rehabilitation of the owner's building.
SECTION 4. { + 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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