Utah Code 53G-4-608. Requirement to conduct seismic safety evaluations when issuing a bond
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(1) As used in this section:
Terms Used In Utah Code 53G-4-608
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) “Federal guidelines” means guidelines and procedures specified in “Rapid Visual Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition” published by the United States Federal Emergency Management Agency.
(1)(b) “Qualifying general obligation bond” means a bond:
(1)(b)(i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
(1)(b)(ii) authorized by an election held on or after July 1, 2013.
(1)(c) “Seismic safety evaluation” means a seismic safety rapid visual screening evaluated in accordance with federal guidelines or a more detailed seismic structural evaluation.
(2) If a school district issues a qualifying general obligation bond, the school district shall:
(2)(a) except as provided in Subsection (4), conduct or update a seismic safety evaluation of each school district building:
(2)(a)(i) constructed before 1975; and
(2)(a)(ii) used by the school district as a school; and
(2)(b) provide a copy of a seismic safety evaluation prepared under Subsection (2)(a) to the Utah Seismic Safety Commission created in Section 63C-6-101.
(3) A seismic safety evaluation conducted under Subsection (2) shall be conducted by a licensed structural engineer familiar with seismic codes.
(4) A school district is not required to conduct or update a seismic safety evaluation of a building as required in Subsection (2)(a) if:
(4)(a) a seismic safety evaluation was performed on the building within the 25-year period before the school district issues the qualifying general obligation bond; and
(4)(b) the school district provides a copy of the school district’s seismic safety evaluation described in Subsection (4)(a) to the Utah Seismic Safety Commission.
(5) Creation of a seismic safety evaluation of a school, or a list of schools needing seismic upgrades, shall not be construed as expanding or changing the state‘s or a school district’s common law duty of care for liability purposes.