53G-4-608. Requirement to conduct seismic safety evaluations when issuing a bond.
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Effective 1/1/2025
53G-4-608. Requirement to conduct seismic safety evaluations when issuing a bond.
(1)As used in this section:
(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.
(b)"Qualifying general obligation bond" means a bond:
(i)issued pursuant to Title 11, Chapter 14, Local Government Bonding Act ; and
(ii)authorized by an election held on or after July 1, 2013.
(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, except as provided in Subsection
(4), conduct or update a seismic safety evaluation of each school district building:
(a)constructed before 1975; and
(b)used by the school district as a school.
(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 a seismic safety evaluation was performed on the building within the 25-year period before the school district issues the qualifying general obligation bond.
(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.
Renumbered and Amended by Chapter 3 , 2018 General Session