38 U.S.C. § 8105 | Structural requirements

(a)

section 1720 of this title Each medical facility (including each nursing home facility for which the Secretary contracts under 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.

Pub. L. 96–22, title III, § 301(a)June 13, 197993 Stat. 57 Pub. L. 96–128, title V, § 501(e)Nov. 28, 197993 Stat. 987 Pub. L. 102–40, title IV, § 402(b)(1)May 7, 1991105 Stat. 238 Pub. L. 102–83Aug. 6, 1991105 Stat. 404–406 Pub. L. 102–405, title III, § 302(c)(1)Oct. 9, 1992106 Stat. 1984(Added , , , § 5005; amended , , ; renumbered § 8105, , , ; , §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), , ; , , .)

Editorial Notes

Amendments

Pub. L. 102–4051992—Subsec. (b)(3). substituted “Under Secretary for Health” for “Chief Medical Director” in two places.

Pub. L. 102–40 section 5005 of this title1991— renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “1720” for “620”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Pub. L. 102–83, § 4(b)(1)Subsec. (b). , (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

Pub. L. 96–128 section 5031 of this title1979—Subsec. (a). substituted “subchapter III of this chapter” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 1979 Amendment

Pub. L. 96–128Nov. 28, 1979section 601(b) of Pub. L. 96–128 section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date

Oct. 1, 1979Oct. 1, 1979section 302 of Pub. L. 96–22 section 8101 of this titleSection effective , but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construction, or alteration (not including exchange) was approved by the President before , see , set out as a note under .

Termination of Advisory Committees

Jan. 5, 1973section 1013 of Title 5Advisory committees established after , 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 , Government Organization and Employees.