Oregon Statutes 455.447 – Regulation of certain structures vulnerable to earthquakes and tsunamis; rules
(1) As used in this section, unless the context requires otherwise:
Terms Used In Oregon Statutes 455.447
- Department: means the Department of Consumer and Business Services. See Oregon Statutes 455.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State building code: means the combined specialty codes. See Oregon Statutes 455.010
(a) ‘ASCE’ means the American Society of Civil Engineers.
(b) ‘ASCE 7’ means the ASCE Minimum Design Loads and Associated Criteria for Buildings and Other Structures that appear in the Oregon Structural Specialty Code.
(c) ‘Major structure’ means a building over six stories in height with an aggregate floor area of 60,000 square feet or more, every building over 10 stories in height and parking structures as determined by Department of Consumer and Business Services rule.
(d) ‘Seismic hazard’ means a geologic condition that is a potential danger to life and property that includes but is not limited to earthquake, landslide, liquefaction, tsunami inundation, fault displacement, and subsidence.
(2) The Department of Consumer and Business Services shall consult with the Seismic Safety Policy Advisory Commission and the State Department of Geology and Mineral Industries prior to adopting rules. Thereafter, the Department of Consumer and Business Services may adopt rules as set forth in ORS § 183.325 to 183.410 to amend the state building code to:
(a) Require new building sites to be evaluated on a site specific basis for vulnerability to seismic geologic hazards if the sites are for structures that are:
(A) Major structures; or
(B) Designated under subsection (5) of this section as Tsunami Risk Category III or IV for design.
(b) Require a program for the installation of strong motions accelerographs in or near selected major buildings.
(c) Provide for the review of geologic and engineering reports for seismic design of new major structures or buildings that have been designated under subsection (5) of this section as Tsunami Risk Category III and IV for design.
(d) Provide for filing of noninterpretive seismic data from site evaluation in a manner accessible to the public.
(3) For the purpose of defraying the cost of applying the regulations in subsection (2) of this section, there is hereby imposed a surcharge in the amount of one percent of the total fees collected under the structural and mechanical specialty codes for major structures and buildings that have been designated under subsection (5) of this section as Tsunami Risk Category III or IV for design, which fees are retained by the jurisdiction enforcing the particular specialty code as provided in ORS § 455.150 or enforcing a building inspection program under ORS § 455.148.
(4) Before submitting design plans for a proposed building designated under subsection (5) of this section as Tsunami Risk Category III or IV for design, the developer shall request consultation from the State Department of Geology and Mineral Industries with respect to the impacts from potential tsunami activity on the proposed building and the department shall provide the developer with the best available scientific evidence of potential impacts. The department shall make a determination as to the likely impacts and recommend any design or other changes to mitigate the impacts that the department deems advisable or necessary. The department shall notify the developer and the official responsible for approving the development not later than 45 days after receiving the developer’s request. An official that approves the development shall include the department’s determination and recommendations with permit documents for the building.
(5) Notwithstanding any contrary standard under the structural specialty code, the following must be designed to meet or exceed the tsunami loads and effects design standards applicable under the provisions related to tsunamis in ASCE 7:
(a) Risk Category III buildings and structures, as defined in ‘Risk Category of Buildings and Other Structures,’ Table 1604.5 of the Oregon Structural Specialty Code. Buildings and other structures described in this paragraph must be designated as Tsunami Risk Category III for design.
(b) Risk Category IV buildings and structures, as defined in ‘Risk Category of Buildings and Other Structures,’ Table 1604.5 of the Oregon Structural Specialty Code. Buildings and other structures described in this paragraph must be designated as Tsunami Risk Category IV for design.
(6) The State Department of Geology and Mineral Industries shall report regarding requests, determinations and recommendations made under subsection (4) of this section to an interim committee of the Legislative Assembly related to general government in the manner provided by ORS § 192.245, no later than September 15 of each year. [1991 c.956 § 12; 1995 c.79 § 229; 1995 c.617 § 1; 2001 c.573 § 12; 2019 c.502 § 3; 2021 c.360 § 2; subsection (1)(a) and (b) of 2021 Edition enacted as 2021 c.360 § 1(1)(a),(b); subsection (5) of 2021 Edition enacted as 2021 c.360 § 1(2); subsection (6) of 2021 Edition enacted as 2021 c.360 § 3]
455.447 (1)(c) and (d) and (2) to (4) were made a part of 455.010 to 455.740 by legislative action but were not added to any smaller series therein. 455.447 (1)(a) and (b), (5) and (6) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 455 or any smaller series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.