SENATE BILL NO. 120
AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2
AN ACT AMENDING TITLE 17 RELATING TO INSPECTION REQUIREMENTS FOR BRIDGE OWNERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Chapter 5, Title 17 of the Delaware Code by creating a new Section 530, to read as follows:
“Section 530. Inspection requirements for bridge owners.
(a) As used herein, the terms ‘bridge’ and ‘bridge with approaches’ are defined as structures, including supports, erected over a depression or an obstruction such as water, a highway, or a railway, with tracks or passageways for carrying traffic or other moving loads, and with openings measured along the center of the roadway of more than 20 feet (6.1 meters) between undercopings of abutments or spring lines of arches, or the extreme ends of openings for multiple boxes. The term ‘bridge’ shall also include multiple pipe structures where the clear distance between pipe openings is less than half of the smaller pipe diameter(s), and the combined structure exceeds 20 feet (6.1 meters) in total span length.
(b) All bridges and bridges with approaches located on or over public roads must be inspected in accordance with The National Bridge Inspection Standards, as codified in 23 CFR Part 650, Subpart C, as amended, and in accordance with the following provisions:
(1) Such inspections shall be the responsibility of the bridge owner.
(2) The inspections shall be performed by qualified personnel not less frequently than every two years, based on the bridge condition and on the schedule set by the Department of Transportation.
(3) Inspection information must be collected, maintained, and be available for review as required by the Federal Highway Administration’s Recording and Coding Guide for Structure Inventory and Appraisal of the Nation’s Bridge.
(4) If the bridge owner does not perform the required inspection on the schedule approved by the Department of Transportation, the Department shall notify the bridge owner and give the bridge owner 60 days to produce the required inspection report.
(5) If the bridge owner fails to produce the required inspection report after notice pursuant to subsection (4) hereof, the Department shall be empowered to take the following enforcement actions:
(i) perform the inspection, the costs of which shall be borne by the bridge owner. The Department shall have the right to enter the property to perform such inspections, regardless of the ownership of the property; or
(ii) Close the bridge.”
Section 2. The provisions of this Act shall become effective upon enactment, except that for those entities that must comply with the provisions of 49 CFR part 213, the provisions of this Act shall apply one year after enactment.
Approved July 20,1999