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 171
A-Engrossed
Senate Bill 15
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 hospitals to identify and rehabilitate essential
hospital buildings that pose threat to occupant safety or
operational readiness in event of earthquake. Requires local
governments providing fire protection services to identify and
rehabilitate fire stations that pose threats to occupant safety
or operational readiness in event of earthquake. Creates
exceptions. - }
{ + Requires Health Division and State Fire Marshal, subject
to provision of funding by State Department of Geology and
Mineral Industries, to provide for seismic safety surveys of
certain buildings. Creates exceptions. Requires division and fire
marshal, after consultation with department, to conduct
additional seismic safety evaluations on certain buildings.
Requires entity using building to develop plan for seismic
rehabilitation or other actions to reduce seismic risk for
evaluated buildings that are found by division or fire marshal to
pose undue risk. Requires rehabilitation or other actions to be
completed by January 1, 2022. 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 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 the provision of funding by the State Department
of Geology and Mineral Industries, the State Fire Marshal shall
provide for seismic safety surveys of fire stations.
(3) The division and the fire marshal shall ensure that seismic
safety surveys conducted under subsections (1) and (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 in effect for the seismic zone
classification at the site on the effective date of this 2001
Act.
(5) The division or the fire marshal, as appropriate, shall
ensure that seismic safety surveys required under subsections (1)
and (2) of this section are completed by January 1, 2007. + }
SECTION 2. { + (1) The Health Division and the State Fire
Marshal shall send the seismic safety 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 (5)
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 or
the fire marshal 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 division or
the fire marshal.
(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 division or the fire marshal shall conduct
such additional seismic safety evaluations of buildings as the
division or fire marshal considers to be reasonable. The division
or fire marshal 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 the
Health Division or the State Fire Marshal to pose an undue risk
to life safety during a seismic event, the acute inpatient care
facility, fire department or fire district 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 Fire Marshal 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 fire marshal has made toward
completion of the seismic safety 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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