Or. Admin. Code § 104-050-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 104-050-0010 - Definitions

(1) "ODEM": The Oregon Department of Emergency Management.

(2) "Acute inpatient care facility": Means a licensed hospital with an organized medical staff, with permanent facilities that include inpatient beds, with comprehensive medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for, but not limited to acutely ill patients and accident victims. "Acute inpatient care facility" includes the Oregon Health and Science University.

(3) "Applicant": A school district, community college, education service district, higher education institution, police, sheriff, fire, hospital which is applying for a grant from the Seismic Rehabilitation program.

(4) "Collapse Prevention": Means a building at this performance level is capable of maintaining gravity loads though structural damage is severe and risk of falling hazard is high as set forth in the American Society of Civil Engineers Standard for Seismic Rehabilitation of Existing Buildings newest edition.

(5) "Critical Public Buildings": Includes hospital buildings with acute inpatient care facilities, fire stations, police stations, sheriffs' offices, other facilities used by state, county, district, or municipal law enforcement agencies and buildings with a capacity of 250 or more persons that are routinely used for student activities by kindergarten through grade 12 public schools, community colleges, education service districts and institutions of higher education.

(6) "Director": The Director of The Oregon Department of Emergency Management.

(7) "Distressed or Impoverished": All Oregon cities and counties designated by Oregon Business Development Department as distressed or impoverished by established methodology.

(8) "Division": The Oregon Department of Emergency Management.

(9) "Education Service District (ESD)": Means a district created under ORS 334.010 that provides regional educational services to component school districts.

(10) "Grant Program": The Seismic Rehabilitation Grant Program.

(11) "Grant Selection Committee": The committee that is charged with evaluating grant applications for the purpose of determining which projects receive funding. The grant selection committee membership shall include representatives of Oregon Department of Education, The Department of Human Services, The State Department of Geology and Mineral Industries, Oregon Seismic Safety Policy Advisory Commission, The Oregon Department of Administrative Services, The Oregon Fire Chiefs' Association, The Oregon Association of Chiefs of Police, Community Colleges and Workforce Development, Oregon University System, The Oregon Association of Hospitals and Health Systems, and others who possess expertise in construction, construction grants and structural design as determined by the Director.

(12) "Grantee": Means applicant awarded grant funds for seismic rehabilitation project.

(13) "Holistic Project": Means a project emphasizing the whole building instead of the separation of its parts.

(14) "Immediate Occupancy": Means a building at this performance level is expected of being sufficiently functional for occupancy as set forth in the American Society of Civil Engineers Standard for Seismic Rehabilitation of Existing Buildings newest edition.

(15) "Life Safety": Means a building at this performance level is expected to present low risk of life threatening injury to building inhabitants as set forth in the American Society of Civil Engineers Standard for Seismic Evaluation of Existing Buildings newest edition.

(16) "Match": is any contribution to a project that is non-seismic grant funds. Match may include:

(a) Cash on hand or cash that is pledged to be on hand prior to commencement of the project; and,

(b) Secured funding commitments from other sources.

(17) "Project": Seismic rehabilitation activity (or activities) to a building that is eligible for assistance from the Seismic Rehabilitation Grant Program.

(18) "Seismic Rehabilitation": Means construction of structural improvements to a building that results in the increased capability of the building to resist earthquake forces and that are based on standards adopted by the State of Oregon or by local governments.

(19) "Small Impoverished Community": As defined in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5133, means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President. Small and impoverished community must meet all of the following criteria:

(a) Must be a community of 3,000 or fewer individuals that is identified by the State as a rural community, and is not a remote area within the corporate boundaries of a larger city;

(b) Must be economically disadvantaged, with residents having an average per capita annual income not exceeding 80% of the national per capita income, based on best available data. (The Department of Commerce Bureau of Economic Analysis (BEA) website states that the per capita personal income for the United States in 2006 was $31,794.) More up-to-date information may be used. Please see the BEA website at: http://www.bea.gov;

(c) Must have a local unemployment rate that exceeds by one-percentage point or more the most recently reported, average yearly national unemployment rate. (According to the US Bureau of Labor Statistics (USBL), the current average unemployment rate for 2006 is 4.6%.) For up-to-date information, please see the USBL website located at: http://stats.bls.gov/; and

(d) Must meet any other factors as determined by the State in which the community is located.

(20) "Structural": Means components of a building that support or resist loads. Parts of a building that bear weight.

(21) "Tsunami Inundation Zone": Means for purposes of the SRGP, the area depicted as the tsunami inundation zone in Oregon Department of Geology and Mineral Industries Open-File Reports O-95-09 through O-95-38, O-95-43 through O-95-66 and O-97-31 through O-97-32.

(22) "Useful Life": Means the length of time that the building or structure is expected to be used, or 30 years, whichever is greater.

Or. Admin. Code § 104-050-0010

OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10; OEM 12-2023, minor correction filed 04/07/2023, effective 4/7/2023

Statutory/Other Authority: ORS 401.300

Statutes/Other Implemented: ORS 401.300