38-U.S.C.-8105
§8105 – Structural Requirements
Pathway
Title 38 > Part VI > Chapter 81 > Subchapter I > Section 8105
Details
- Reference: Section 8105
- Legend: §8105 – Structural Requirements
- USCode Year: 2013
Provision Content
(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.
(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.)
Amendments
1992—Subsec. (b)(3). Pub. L. 102–405 substituted Under Secretary for Health for Chief Medical Director in two places.
1991—Pub. L. 102–40 renumbered section 5005 of this title as this section.
Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted 1720 for 620.
Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places.
Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator wherever appearing.
Pub. L. 102–83, §4(a)(3), (4), substituted Department for Veterans’ Administration wherever appearing.
1979—Subsec. (a). Pub. L. 96–128 substituted subchapter III of this chapter for section 5031 of this title.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96–128 effective Nov. 28, 1979, see section 601(b) of Pub. L. 96–128, set out as a note under section 1114 of this title.
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
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