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
C-Engrossed
Senate Bill 15
Ordered by the House June 30
Including Senate Amendments dated April 18 and House Amendments
dated May 17 and June 30
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 Health Division, subject to provision of funding by
State Department of Geology and Mineral Industries { + from
gifts, grants and donations + }, to provide for seismic safety
surveys of certain hospital buildings. Requires department,
subject to available funding { + from gifts, grants and
donations + }, to provide for seismic safety surveys of fire
stations { + and law enforcement facilities + }. Creates
exceptions. Requires fire departments or districts { + , law
enforcement agencies + } and certain hospital facilities, after
consultation with department, to conduct additional seismic
safety evaluations if fire department, fire district { + , law
enforcement agency + } or hospital facility considers further
evaluations to be necessary. Requires entity using building to
develop plan for seismic rehabilitation or other actions to
reduce seismic risk for evaluated buildings that are found 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; 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. + }
----------