AN ACT Relating to safety in public school buildings; adding new sections to chapter 28A.03 RCW; making an appropriation; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds it to be in the public interest that all public school buildings be seismically safe for occupancy by students, faculty, staff, and administrators. The legislature declares it to be public policy to identify any public school building which is unsafe and to repair or rehabilitate that building for use for school purposes.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in the edition of the Uniform Building Code, Volume 1, adopted under chapter 19.27 RCW, will apply throughout sections 1 through 7 of this act.

NEW SECTION. Sec. 3. The superintendent of public instruction, with the advice of structural engineers or structural engineering firms licensed under chapter 18.43 RCW, shall develop criteria to establish when a building shall be considered unsafe, and shall establish a schedule for review, repair, or abatement of the building. The superintendent of public instruction shall adopt by rule under chapter 34.04 RCW, the criteria to establish when a building shall be considered safe or unsafe and shall adopt other rules necessary to implement and carry out sections 1 through 7 of this act. The rules shall be adopted within one hundred eighty days after the effective date of this act.

NEW SECTION. Sec. 4. (1) A review and structural analysis:

(a) Of all buildings constructed before 1965 shall be completed within twelve months; and

(b) Of all buildings constructed in 1965 or thereafter shall be completed within eighteen months after the date the superintendent of public instruction has adopted the rules required under section 3 of this act.

(2) A building shall be exempt from the review and structural analysis required in subsection (1) of this section:

(a) When the building has been designed and constructed under the provisions of the 1976 edition, or a later edition, of the Uniform Building Code; or

(b) When the building has been given a seismic review and structural analysis within the three years before the adoption of criteria under section 3 of this act and has been found in substantial compliance with the criteria adopted under section 3 of this act for buildings which are safe.

(3) The superintendent of public instruction shall require an immediate structural review of school buildings which are located within a region of seismic activity resulting in modified mercalli intensity VI or greater as estimated by the seismic center at the University of Washington.

(4) The review of the buildings shall be done by a structural engineer or structural engineering firm licensed under chapter 18.43 RCW.

(5) The superintendent of public instruction or a school district board of directors may contract with a private individual or firm to provide technical advice or to perform the reviews required under sections 1 through 7 of this act.

NEW SECTION. Sec. 5. (1) The person reviewing the building shall provide the applicable school district and the superintendent of public instruction with a written narrative report on the structural condition and seismic safety of each building reviewed. This report shall be submitted within sixty days of completion of the review. The report shall include a written evaluation of whether each building reviewed is safe or unsafe under the criteria adopted under section 3 of this act. If a building is evaluated as unsafe, the person reviewing the building shall describe the specific characteristics of the structure or component of the structure which was the basis for the structure being evaluated as unsafe and the description of deficiencies and the remedies for those deficiencies, in accordance with the Uniform Building Code under chapter 19.27 RCW, which are required for the building to be evaluated as safe. The report, the evaluations, and the remedial measures shall be based on the best professional knowledge of the person who did the review. Any structural engineer or firm authorized under section 4(4) of this act to review any building shall not be held personally liable for injury to persons or damage to property as a result of the structural inadequacy and failure of a building, if the person or firm reviewing the building exercised normal professional diligence in carrying out the duties under this chapter. All reports shall be made available for public review upon request.

(2) The superintendent of public instruction shall annually submit to the legislature no later than January 31, a report detailing the number of school buildings state-wide judged to be unsafe and provide an analysis of the estimated cost for all recommended repairs.

NEW SECTION. Sec. 6. Upon written notification by the superintendent of public instruction, after the superintendent has received a copy of the building review and structural analysis report, the school district board of directors shall close any building which has been evaluated as unsafe by the person or firm reviewing the building. Any building so closed shall remain closed until the building has been repaired, reviewed again, and evaluated to be safe by a person or firm authorized to inspect buildings under section 4(4) of this act. However, if a school district is unable to locate other facilities which meet the requirements of the Uniform Building Code under chapter 19.27 RCW, for the purpose of serving students, faculty, and staff displaced by the closure of a building evaluated as unsafe, the school district shall be authorized to operate the building or buildings for one additional year. At the end of that period, the building or buildings shall be closed and remain closed until the building or buildings are repaired, reviewed again, and evaluated to be safe. Public access to hazardous areas shall be prevented during period of closure, repair, or review.

NEW SECTION. Sec. 7. A school district which is required to review a building or buildings under this chapter shall be eligible for funding from the superintendent of public instruction for the review of the buildings.

NEW SECTION. Sec. 8. There is appropriated from the general fund to the superintendent of public instruction for the biennium ending June 30, 1987, the sum of eight hundred ninety-five thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act, including reviews of buildings and administrative costs necessary to carry out this act.

NEW SECTION. Sec. 9. Sections 1 through 7 of this act are each added to chapter 28A.03 RCW.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.