§ 53G-4-608 — Requirement to conduct seismic safety evaluations when issuing a bond.

(1) As used in this section:

(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, except as provided in Subsection (4), conduct or update a seismic safety evaluation of each school district building:
(2)(a) constructed before 1975; and
(2)(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.

Legislative History

Renumbered and Amended by Chapter 3, 2018 General Session