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38 U.S.C. § 8105Structural requirements

submitted 47 years ago by Pub. L. 96-22 to r/title-38-VETERANS-BENEFITS · 249 words · no verdicts yet

in plain englishAI-generated · not legal advice

VA medical facilities, including contracted nursing homes and certain state home facilities, must be built to resist fire, earthquakes, and other disasters. The Secretary sets these standards by state or region, based on local codes and conditions. An advisory committee of outside architecture and engineering experts helps write and review the rules.

(a) Every medical facility — including nursing home facilities the Secretary contracts for under section 1720, and state home facilities built or altered under this chapter's Subchapter III — must be built to resist fire, earthquakes, and other natural disasters. The Secretary sets these construction standards on a state or regional basis, after surveying the relevant state and local laws, ordinances, building codes, and climate and seismic conditions for each facility. If the VA acquires an existing building for use as a medical facility, that building must be altered to meet these same standards. (b) To carry out this section, the Secretary must appoint an advisory committee called the "Advisory Committee on Structural Safety of Department Facilities," on which at least one architect and one structural engineer — experts in disaster-resistant design who don't work for the federal government — must serve. This committee advises the Secretary on all structural-safety matters in building and altering medical facilities under this section, and reviews and recommends changes to the regulations the Secretary writes. The Associate Deputy Secretary, the Under Secretary for Health (or that Under Secretary's designee), and the VA official responsible for construction automatically serve on this committee as well.
the actual law source: uscode.house.gov ↗public domain
(a)

Each medical facility (including each nursing home facility for which the Secretary contracts under section 1720 of this title and each State home facility constructed or altered under subchapter III of this chapter) shall be of fire, earthquake, and other natural disaster resistant construction in accordance with standards which the Secretary shall prescribe on a State or regional basis after surveying appropriate State and local laws, ordinances, and building codes and climatic and seismic conditions pertinent to each such facility. When an existing structure is acquired for use as a medical facility, it shall be altered to comply with such standards.

(b)
(1)

In order to carry out this section, the Secretary shall appoint an advisory committee to be known as the “Advisory Committee on Structural Safety of Department Facilities”, on which shall serve at least one architect and one structural engineer who are experts in structural resistance to fire, earthquake, and other natural disasters and who are not employees of the Federal Government.

(2)

Such advisory committee shall advise the Secretary on all matters of structural safety in the construction and altering of medical facilities in accordance with the requirements of this section and shall review and make recommendations to the Secretary on the regulations prescribed under this section.

(3)

The Associate Deputy Secretary, the Under Secretary for Health or the designee of the Under Secretary for Health, and the Department official charged with the responsibility for construction shall be ex officio members of such advisory committee.

Source credit: (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 57, § 5005; amended Pub. L. 96–128, title V, § 501(e), Nov. 28, 1979, 93 Stat. 987; renumbered § 8105, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

history & why it existsrecord from the source credit
  • 1979Enacted · Pub. L. 96-22 · 93 Stat. 57
  • 1979Amended · Pub. L. 96-128 · 93 Stat. 987
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 404
  • 1992Amended · Pub. L. 102-405 · 106 Stat. 1984

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-22 on 1979-06-13.

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