68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
Senate Bill 379
Sponsored by Senator CEASE (at the request of Oregon Seismic
Safety Policy Advisory Commission)
CHAPTER ................
AN ACT
Relating to construction in tsunami inundation zone; creating new
provisions; and amending ORS 455.447.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. ORS 455.447 is amended
to read:
455.447. (1) As used in this section, unless the context
requires otherwise:
(a) 'Essential facility' means:
(A) Hospitals and other medical facilities having surgery and
emergency treatment areas;
(B) Fire and police stations;
(C) Tanks or other structures containing, housing or supporting
water or fire-suppression materials or equipment required for the
protection of essential or hazardous facilities or special
occupancy structures;
(D) Emergency vehicle shelters and garages;
(E) Structures and equipment in emergency-preparedness centers;
(F) Standby power generating equipment for essential
facilities; and
(G) Structures and equipment in government communication
centers and other facilities required for emergency response.
(b) 'Hazardous facility' means structures housing, supporting
or containing sufficient quantities of toxic or explosive
substances to be of danger to the safety of the public if
released.
(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 which includes but is not
limited to earthquake, landslide, liquefaction, { - Tsunami
flooding - } { + tsunami inundation + }, fault displacement,
and subsidence.
(e) 'Special occupancy structure' means:
(A) Covered structures whose primary occupancy is public
assembly with a capacity greater than 300 persons;
(B) Buildings { + with a capacity greater than 250
individuals + } for every public, private or parochial school
through secondary level or day care centers { - with a capacity
greater than 250 individuals - } ;
(C) Buildings for colleges or adult education schools with a
capacity greater than 500 persons;
(D) Medical facilities with 50 or more resident, incapacitated
patients not included in subparagraphs (A) to (C) of this
paragraph;
(E) Jails and detention facilities; and
(F) All structures and occupancies with a capacity greater than
5,000 persons.
(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 for essential facilities,
hazardous facilities, major structures and special occupancy
structures to be evaluated on a site specific basis for
vulnerability to seismic geologic hazards.
(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 buildings of large size, high occupancy
or critical use.
(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 essential facilities, hazardous facilities, major
structures and special occupancy structures, which fees shall be
retained by the jurisdiction enforcing the particular specialty
code as provided in ORS 455.150.
{ + (4) Developers of new essential facilities, hazardous
facilities and major structures described in subsection
(1)(a)(E), (b) and (c) of this section and new special occupancy
structures described in subsection (1)(e)(A), (D) and (F) of this
section that are located in an identified tsunami inundation zone
shall consult with the State Department of Geology and Mineral
Industries for assistance in determining the impact of possible
tsunamis on the proposed development and for assistance in
preparing methods to mitigate risk at the site of a potential
tsunami. Consultation shall take place prior to submittal of
design plans to the building official for final approval. + }
**************************** SECTION 2. { + (1)(a) New
essential facilities described in ORS 455.447 (1)(a)(A), (B) and
(G) and new special occupancy structures described in ORS 455.447
(1)(e)(B), (C) and (E) shall not be constructed in the tsunami
inundation zone established under paragraph (c) of this
subsection. The provisions of this paragraph apply to buildings
with a capacity greater than 50 individuals for every public,
private or parochial school through secondary level and day care
centers.
(b) The State Department of Geology and Mineral Industries
shall establish the parameters of the area of expected tsunami
inundation based on scientific evidence that may include geologic
field data and tsunami modeling.
(c) The governing board of the State Department of Geology and
Mineral Industries, by rule, shall determine the tsunami
inundation zone based on the parameters established by the
department. The board shall adopt the zone as determined by the
Enrolled Senate Bill 379 Page 2
department under paragraph (b) of this subsection except as
modified by the board under paragraph (d) of this subsection.
(d) The board may grant exceptions to restrictions in the
tsunami inundation zone established under paragraph (c) of this
subsection after public hearing and a determination by the board
that the applicant has demonstrated that the safety of building
occupants will be ensured to the maximum reasonable extent:
(A) By addressing the relative risks within the zone.
(B) By balancing competing interests and other considerations.
(C) By considering mitigative construction strategies.
(D) By considering mitigative terrain modification.
(e) The provisions of paragraph (a) of this subsection do not
apply:
(A) To fire or police stations where there is a need for
strategic location; and
(B) To public schools if there is a need for the school to be
within the boundaries of a school district and this cannot
otherwise be accomplished.
(f) All materials supporting an application for an exception to
the tsunami inundation zone are public records under ORS 192.005
to 192.170 and shall be retained in the library of the department
for periods of time determined by its governing board.
(g) The applicant for an exception to the tsunami inundation
zone established under paragraph (c) of this subsection shall pay
any costs for department review of the application and the costs,
if any, of the approval process.
(2) The definitions in ORS 455.447 apply to this section.
(3) The provisions of this section do not apply to
water-dependent and water-related facilities, including but not
limited to docks, wharves, piers and marinas.
(4) Decisions made under this section are not land use
decisions under ORS 197.015 (10). + }
**************************** SECTION 3. { + This Act becomes
operative on January 1, 1996. + }
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Passed by Senate May 11, 1995
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 6, 1995
...........................................................
Speaker of House
Enrolled Senate Bill 379 Page 3
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled Senate Bill 379 Page 4