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Utah Code § 53G-4-608

Requirement to conduct seismic safety evaluations when issuing a bond

Renumbered and Amended by Chapter 3, 2018 General Session

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.