H.B. 278 Enrolled

1

PUBLIC SCHOOL SEISMIC STUDIES
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: Scott K. Jenkins
6
7 LONG TITLE
8 General Description:
9 This bill imposes requirements on a school district regarding seismic safety evaluations
10 of school buildings.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires a school district to conduct or update a seismic safety evaluation of a
15 school district building constructed before 1975 if the school district issues certain
16 general obligation bonds on or after July 1, 2013;
17 . provides that a school district is not required to conduct or update a seismic safety
18 evaluation of a building constructed before 1975 if a seismic safety evaluation was
19 performed on the building within the 25-year period before the school district issues
20 certain general obligation bonds; and
21 . provides that the creation of a seismic safety evaluation of a school, or a list of
22 schools needing seismic upgrades, shall not be construed as expanding or changing
23 the state's or a school district's common law duty of care for liability purposes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:

30 53A-18-107, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 53A-18-107 is enacted to read:
34 53A-18-107. Requirement to conduct seismic safety evaluations when issuing a
35 bond.
36 (1) As used in this section:
37 (a) "Federal guidelines" means guidelines and procedures specified in "Rapid Visual
38 Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition" published by
39 the United States Federal Emergency Management Agency.
40 (b) "Qualifying general obligation bond" means a bond:
41 (i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
42 (ii) authorized by an election held on or after July 1, 2013.
43 (c) "Seismic safety evaluation" means a seismic safety rapid visual screening evaluated
44 in accordance with federal guidelines or a more detailed seismic structural evaluation.
45 (2) If a school district issues a qualifying general obligation bond, the school district
46 shall:
47 (a) except as provided in Subsection (4), conduct or update a seismic safety evaluation
48 of each school district building:
49 (i) constructed before 1975; and
50 (ii) used by the school district as a school; and
51 (b) provide a copy of a seismic safety evaluation prepared under Subsection (2)(a) to
52 the Utah Seismic Safety Commission created in Section 63C-6-101 .
53 (3) A seismic safety evaluation conducted under Subsection (2) shall be conducted by a
54 licensed structural engineer familiar with seismic codes.
55 (4) A school district is not required to conduct or update a seismic safety evaluation of
56 a building as required in Subsection (2)(a) if:
57 (a) a seismic safety evaluation was performed on the building within the 25-year period

58 before the school district issues the qualifying general obligation bond; and
59 (b) the school district provides a copy of the school district's seismic safety evaluation
60 described in Subsection (4)(a) to the Utah Seismic Safety Commission.
61 (5) Creation of a seismic safety evaluation of a school, or a list of schools needing
62 seismic upgrades, shall not be construed as expanding or changing the state's or a school
63 district's common law duty of care for liability purposes.

[Bill Documents]