Stat. Auth.:ORS285A.093, 285A.098, 401.910 & 2013 Ol Ch. 782 Stats. Implemented:ORS285A.093, 285A.098 & 401.910 Hist.: Obdd 13-2013, F. 12-30-13, Cert. Ef. 1-1-14

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_123/123_051.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON BUSINESS DEVELOPMENT DEPARTMENT

 






















DIVISION 51
OREGON SEISMIC REHABILITATION GRANTS
PROGRAM
123-051-0100
Purpose
(1) The Infrastructure Finance Authority,
pursuant to Oregon Revised Statutes ORS 401.910, shall develop and administer grant
programs for the seismic rehabilitation of critical public buildings.
(2) The funds for the seismic
rehabilitation of critical public buildings under the grant program are provided
from the issuance of bonds pursuant to the authority provided in Articles XI-M and
XI-N of the Oregon Constitution.
Stat. Auth.: ORS 285A.093, 285A.098,
286A.760 – 286A.772, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.098,
286A.760 – 286A.772, 401.910 & 2013 OL Ch. 782
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-0200
Definitions
(1) “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.
(2) “Applicant”
means 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.
(3) “Authority”
means the Infrastructure Finance Authority within the Oregon Business Development
Department.
(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) “Distressed or
Impoverished” means all Oregon cities and counties designated by Oregon Business
Development Department as distressed or impoverished by established methodology.
(7) “Education Service
District (ESD)” means a district created under ORS 334.010 that provides regional
educational services to component school districts.
(8) “Grant Program”
means The Seismic Rehabilitation Grant Program (SRGP).
(9) “Grant Selection
Committee” means 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 Office of Emergency Management/Oregon Military
Department, 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, The Confederation of Oregon School
Administrators and others who possess expertise in construction, construction grants
and structural design as determined by the Authority.
(10) “Grantee”
means applicant awarded grant funds for seismic rehabilitation project.
(11) “Holistic Project”
means a project emphasizing the whole building instead of the separation of its
parts.
(12) “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.
(13) “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.
(14) “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.
(15) “Project”
means seismic rehabilitation activity (or activities) to be performed on a building
that is eligible for assistance from the Seismic Rehabilitation Grant Program.
(16) “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 is based
on standards adopted by the State of Oregon or by local governments.
(17) “Structural”
means components of a building that support or resist loads. Parts of a building
that bear weight.
(18) “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.
(19) “Useful Life”
means the length of time that the building or structure is expected to be used,
or 30 years, whichever is greater.
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-0300
Eligible Applicants
The following are eligible to apply
for a Seismic Rehabilitation Grant, except those determined to be ineligible by
the Authority because of nonperformance under a prior Seismic Rehabilitation Grant
contract:
(1) All 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.
(2) Kindergarten through
grade 12 public schools, community colleges, education service districts and institutions
of higher education buildings with a capacity of 250 or more persons that are routinely
used for student activities and are owned by the State Board of Higher Education,
a school district, an education service district, a community college district or
a community college service district.
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-0400
Program Information
(1) The Authority shall prepare a Grant
Application Package. The application package may contain a guidance document, application
forms, and other supplementary information that may help eligible applicants prepare
grant applications.
(2) The guidance document
will include a description of eligibility criteria, and ranking factors used to
evaluate and select applications for funding.
(3) The Grant Application
Package on file with the Authority is incorporated as part of these rules by reference.
(4) The Authority will provide
to Seismic Rehabilitation grantee a Grant Contract which specifies legal requirements
for grant management, reporting, and record keeping, and the Authority's monitoring
and grant closeout procedures.
(5) The Authority shall administer
Seismic Rehabilitation Grants in compliance with the requirements of applicable
statutes, rules, and the Grant Guidance Document.
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-0500
Program Sanctions
The grantee shall be responsible for
taking all actions necessary to enforce the terms of the grant contract against
any private or public participant who fails to comply with applicable provisions
of the grant contract, and to recover on behalf of the state any liabilities that
may arise as the result of the breach of the grant contract by any participant.
Nothing in this paragraph shall restrict the state's rights to enforce independently
the terms of any grant contract or to recover any sums that may become due as the
result of a breach of such a contract.
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-0600
Project Eligible Activities
Projects must meet the following criteria
to be eligible for this program:
(1) Education building rehabilitation
to life safety seismic safety performance level as defined in OAR 123-051-0200(14);
or
(2) Emergency services building
rehabilitation to immediate occupancy seismic safety performance level as defined
in OAR 123-051-0200(13).
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-0700
Project Ineligible Activities
Project ineligible activities include,
but are not limited to:
(1) The demolition and rebuild
of an existing critical public building.
(2) Rehabilitation to a building
located in the Tsunami Inundation Zone as defined in OAR 123-051-0200(19).
(3) Rehabilitation of a building
located in the 100 flood zone.
(4) Partial rehabilitation
of a building that does not holistically address all known seismic deficiencies,
as defined in OAR 123-051-0200(12).
(5) Reimbursement for already
budgeted staff and routine or ongoing expenses of the recipient.
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-0800
Application Submittal, Review and
Approval
(1) The Authority shall announce deadlines
for submitting applications, how to obtain an application form, and required supplemental
documents.
(2) An eligible critical
public building may submit an application after consulting with the Authority on
a preliminary determination of eligibility and otherwise follow the Authority’s
procedures for submitting applications. The application must be in the form provided
by the Authority and must contain or be accompanied by such information as the Authority
may require. The Authority will process only completed applications.
(3) Upon receipt of signed
application, the Authority will notify the applicant within 30 days as to the receipt
of the application.
(4) Upon receipt of a completed
application, the Authority will evaluate the application using ranking factors and
point values and will provide recommendations to the Grant Selection Committee to
determine the project’s prioritization ranking during a public meeting.
(5) Once a completed application
is evaluated for a grant award, the applicant will be notified within 90 days of
the status of their grant application.
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-0900
Project Administration
(1) The Authority and the Applicant
must execute a grant contract prior to disbursal of grant funds.
(2) Documentation of project
costs incurred by entity must be submitted to the Authority prior to disbursal of
funds.
(3) Disbursal of grant funds
to entity will be made on the schedule determined by the Authority.
(4) Prior to final disbursement,
the Authority will review and evaluate all documents produced as a result of the
project, perform a final on-site inspection of the completed project and determine
how closely the project delivered the outcome anticipated in the application.
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-1000
Grant Awards and Match
(1) Grants will be awarded only when
there are sufficient funds available in the Seismic Rehabilitation Grants program.
(2) Grant funds shall be
distributed to public education facilities and emergency services facilities as
allocated by the Legislative Assembly.
(3) The maximum grant award
is $1.5 million.
(4) There is no required
match for this program. Additional application points may be considered for applicants
that provide matching funds.
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-1100
Grant Agreement Conditions
(1) The Authority will only enter into
new agreements or amendments to existing agreements, with prior Grantees, if all
reporting obligations under earlier agreements have been met.
(2) If the grant agreement
has not been fully executed by all the parties within 60 days of grantee receiving
contract document, funding shall be terminated. The money allocated to the grant
shall be available for reallocation by the grant committee.
(3) The Authority or designee
shall establish grant agreement conditions. Grantees shall comply with all grant
agreement conditions.
(4) The Grantee shall comply
with all federal, state and local laws and ordinances applicable to the work to
be done under the agreement.
(5) Upon notice to the Grantee
in writing, the Authority may terminate funding for projects not completed in the
prescribed time and manner. The money allocated to the project but not used will
be available for reallocation by the grant committee.
(6) The Grantee will account
for funds distributed by the grant committee, using project expense forms provided
by the Authority.
(7) The Grantee will obtain
the necessary permits and licenses from local, state or federal agencies or governing
bodies.
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14
123-051-1200
Waivers, Exceptions and Appeals
(1) The Authority may waive non-statutory
requirements of the grant program if it is demonstrated such a waiver would serve
to further the goals or objectives of the program.
(2) The Authority may consider
appeals of the grant committee’s funding decisions. Only the applicant may
appeal. Appeals must be submitted in writing to the Authority within 30 days of
the event or action that is being appealed. The Authority’s decision is final.
Stat. Auth.: ORS 285A.093, 285A.098,
401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093,
285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13,
cert. ef. 1-1-14






















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