DAR File No. 38865

Education, Administration

Rule R277-471

Oversight of School Inspections

Notice of Proposed Rule

(Amendment)

DAR File No.: 38865
Filed: 09/15/2014 05:49:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended in response to H.B. 111, School Building Cost Reporting, from the 2014 General Legislative Session.

Summary of the rule or change:

The amendments to Rule R277-471: provide a new section on school plant capital outlay reporting to satisfy the requirements of H.B. 111 (2014); provide a new section that requires the Utah State Board of Education (Board) to adopt public school construction guidelines and local education agencies (LEAs) to consider identified factors when planning and prior to proceeding with public school construction; change existing language and add new language making the rule, state law, and the School Building Construction and Inspection Resource Manual consistent; and change the title of the rule to better reflect the rule content.

State statutory or constitutional authorization for this rule:

• Section 53A-20-104
• Section 53A-20-104.5
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

The amendments provide new and revised language to satisfy the requirements of H.B. 111 and to standardize the procedures and processes in the rule. This will likely not result in costs or savings to the state budget.

local governments:

There may be additional costs to LEAs to comply with the requirements of this rule. Costs are speculative because each LEA will vary on its public school construction needs. It is anticipated, however, that LEAs will absorb any additional costs within existing budgets.

small businesses:

The amendments provide new and revised language to satisfy the requirements of H.B. 111 and to standardize the procedures and processes in the rule. This will likely not result in costs or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments provide new and revised language to satisfy the requirements of H.B. 111 and to standardize the procedures and processes in the rule. This will likely not result in costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments provide new and revised language to satisfy the requirements of H.B. 111 and to standardize the procedures and processes in the rule. This will likely not result in compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Joel Coleman, Interim State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2014

This rule may become effective on:

11/07/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-471. [Oversight of ]School Construction Oversight, Inspections, Training and Reporting.

R277-471-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Certified plans['] examiner" means a professional who has current applicable commercial certification through the International Code Council[ which requires a rigorous testing program] (ICC).

[C. "Charter schools" means:

(1) schools acknowledged and operating as charter schools by local boards of education under Section 53A-1a-505 or by the Board under Section 53A-1a-515; and

(2) charter school applicants that have their applications approved by a chartering entity in accordance with Title 53A, Chapter 1a, Part 5, the Utah Charter Schools Act.

]C. "Charter schools" means schools acknowledged as charter schools by charter school authorizers consistent with Sections 53A-1a-515, 53A-1a-521, and this rule or by the Board under Section 53A-1a-505.

D. "Charter school responsible person or local charter school board building officer [(charter school]or designee[)] (CSBBO)" means the individual or authority designated by the charter school board who has direct administrative and operational control of charter school construction/renovation and has responsibility for the charter school's compliance with [the Code]Utah law and the Resource Manual on behalf of the charter school board.

E. "Certificate of inspection verification" means a form certifying that the entity responsible for providing inspection services has complied with the provisions of Sections 53A-20-104, 53A-20-105, 10-9a-305, 17-27a-305,[and] 58-56, [Uniform Building Standards Act,]Section 15A, State Construction and Fire Code Act, as well as the provisions of R156-56 and this rule. The form is available on the USOE School Finance [and Statistics ]Section [Web page]website[: http://www.schools.utah.gov/finance/facilities/default.htm].

F. "Certificate of occupancy" means the document issued upon receipt of the final inspection from the inspector of record and the 'Certificate of Fire Clearance' issued by the Utah State Fire Marshal, verifying compliance with all minimum requirements to safeguard the public health, safety and general welfare of occupants, which authorizes permanent usage or occupancy of any new building, occupiable structure or existing occupiable building or structure alteration (remodeling) or change of occupancy in an existing structure or building or space.

[F. "Code" means the state-adopted construction code, including all statutes and administrative rules which control the construction, renovation, and inspection of Utah public school buildings.

]G. "Division" means the Division of Finance with technical assistance from the Department of Technology Services.

[G]H. "General plan" means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality, consistent with Section 10-9a-103(1[1]3).

I. "Inspector" means a professional who holds current applicable commercial certification through the International Code Council (ICC) and is currently licensed in the state of Utah in the applicable trades the inspector is performing inspections.

J. "LEA" means local education agency, including local school boards/public school districts and charter schools.

K. "New school building project" means the construction of a school that did not previously exist in an LEA.

L. "Public school construction" means construction work on a new or existing public school building.

[J]M. "School Building Construction and Inspection Resource Manual, April 30, 2013, (Resource Manual)" means a manual which identifies the processes and procedures a n [school district or charter school]LEA shall follow when constructing a new public school building , maintenance, or renovating existing buildings. The Resource Manual was developed by the USOE [in response to legislative direction under]consistent with Section 53A-20-104.5, [and ]is available on the USOE School Finance website, and is hereby incorporated by reference consistent with Section 63G-3-201(7)[and Statistics Section Web page: http://www.schools.utah.gov/finance/facilities/default.htm].

[H]N. "[Public ]School District Building Official (SDBO)" means the individual or authority designated by the public school district who has direct administrative and operational control of school district construction/renovation and is responsible for the school district's compliance with [the Code]Utah law and the Resource Manual.

O. "Significant school remodel" means the upgrading, changing, alteration, refurbishment, modification, or complete substitution or replacement of an existing school in an LEA with a project cost equal to or in excess of $2,000,000.

[I]P. "Superintendent" means the State Superintendent of Public Instruction.

Q. "Temporary certificate of occupancy" means the document issued upon receipt of the temporary final inspection report from the inspector of record and the 'Temporary Certificate of Fire Clearance' issued by the Utah State Fire Marshal, verifying minimum requirements to safeguard the public health, safety and general welfare of occupants, which authorizes temporary usage or occupancy of any new building, occupiable structure or existing occupiable building or structure alteration (remodeling) or change of occupancy in an existing structure or building or space, valid for a specific time period.

[K]R. "USOE" means the Utah State Office of Education.

 

R277-471-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Sections 53A-20-104 and 104.5 which direct the Superintendent to enforce requirements and provisions about public school building and alteration, verify inspections of school buildings, and provide information annually to LEAs about the construction and inspection of public school buildings, and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities and permits the Board to interrupt disbursements of state aid to any school district or charter school which fails to comply with rules adopted by the Board.

B. The purpose of this rule is to provide specific provisions for the oversight of permanent or temporary public school construction/renovation inspections and to identify [local school board and charter school]LEA board responsibilities and accountability to the Board.

 

R277-471-3. [School District Building Official, and Charter School]LEA Responsible Person.

A. [Local boards of education and local charter school]LEA boards shall be accountable to ensure that all school district and charter school permanent or temporary construction, renovation, and inspections [is]are conducted in accordance with the [Code]law to provide minimum requirements to safeguard the public health, safety and general welfare of occupants while using the most comprehensive, cost effective and efficient design means and methods.

(1) Local school boards shall appoint a [School District Building Official (]SDBO[)] who has direct administrative and operational control of all construction, renovation, and inspection of public school district facilities within the school district and shall provide in writing the name of the SDBO to the USOE.

(2) Charter school boards shall be accountable to the State Charter School Board and the Board to ensure that all charter school permanent or temporary construction, renovation, and inspections [is]are conducted in accordance with [the Code]Utah law and the Resource Manual. Each local charter school board shall appoint a [local charter school board building officer]CSBBO who has direct operational responsibility for construction, renovation, and inspection of the charter school. The [local charter school board building officer]CSBBO shall report regularly to the local charter school board.

(a) The local charter school board shall provide the name of this officer in writing to the Superintendent.

(b) The local charter school board shall promptly notify the Superintendent in writing of any changes of this individual.

[(c) Following notification, the USOE shall provide a construction project number.

]B. The SDBO shall monitor school district building construction to ensure compliance with the provisions of [the Code]Utah law and the Resource Manual.

C. The [local charter school board building officer]CSBBO shall monitor all charter school building construction to ensure compliance with the provisions of [the Code]Utah law and the Resource Manual.

D. The SDBO and [local charter school board building officer]CSBBO shall [render interpretations of the Code for the school district or charter school. Such interpretations shall be in conformance]ensure that public school construction conforms with the intent and purpose of [the Code]Utah law and the Resource Manual[, insofar as they are expressed in the Code or in legislative intent].

E. The SDBO and [local charter school board building officer]CSBBO may adopt and enforce supplemental [school district and charter school]LEA policies under appropriate [school district and charter school]LEA policies to clarify the application of the provisions of [the Code]Utah law and the Resource Manual for [school district and charter school]LEA personnel.

 

R277-471-4. School Construction Inspectors.

A. LEAs shall employ inspectors for school construction inspection who are currently ICC commercially certified and licensed in Utah, in the trade specific to the inspection, consistent with Utah law and the Resource Manual requirements.

B. LEAs shall choose one of three methods for inspections:

(1) Independent inspectors:

(a) shall be approved by the local jurisdiction in which the construction activity occurs;

(b) may include inspectors working outside the municipality, county, or school district in which they are employed; and

(c) shall not be any of the following, nor an employee of: the architect, developer, contractor, a subcontractor working on the project, any management company or other agency hired by the LEA to perform construction or construction administrative services.

(2) School district inspectors shall be employed by and perform school construction inspections within the boundaries of the school district.

(3) Inspectors employed by municipalities and counties may perform school construction inspections within the boundaries of the municipality or county where they are employed.

 

[R277-471-5. Charter School Land Use Zoning within Municipalities and Counties.

A. If consistent with the general plan, a charter school shall be considered a permitted use in all zoning districts within a municipality or county, except as provided in R277-471-5D.

B. Each land use application for any approval required for a charter school, including an application for a building permit, shall be processed on a first priority basis by municipalities and counties.

C. Parking requirements for a charter school may not exceed the minimum parking requirements for traditional public schools of like size and grade levels or other institutional public uses throughout the municipality or county.

D. If a municipality or county has designated zones for sexually oriented businesses, or businesses which sell alcohol, a charter school may be prohibited from locations which would defeat the purpose for the zone, unless the charter school provides a waiver of liability for the local government entity by the charter school governing board in an open meeting.

]R277-471-5. School Construction Inspections.

[F]A. Before any school[district or charter school] construction project begins, [school districts and charter schools]the SDBO or CSBBO shall obtain a construction project number from the USOE [and]by complet[e]ing and submitting construction project identification forms provided by the USOE and other required submittals for all projects [which exceed $99,999 in cost]consistent with Section 53A-20 and the Resource Manual.

[G]B. [All school district and charter school plans and specifications shall be approved by a]The appropriate currently certified plans['] examiner shall approve all LEA school plans and specifications before any [school district or charter school]LEA construction project begins.

[H]C. If an [school district or charter school]LEA is unable to provide appropriate and proper school construction inspection and plan review services, the Superintendent may [provide for]procure inspection services [from a list of inspectors determined by the Superintendent ]and charge the [school district or charter school]LEA for those services. [Fees shall be]The approved inspector shall establish[ed]fees in advance of inspection services.

[I]D. [For all school district or charter school projects that exceed $99,999, the SDBO and local charter school board building officers shall]LEA construction projects shall comply with Section 53A-20 and the Resource Manual to:

[(a) submit inspection summary reports monthly to the USOE;

] ([f]1) ensure that each inspector is adequately and appropriately credentialed;

([e]2) identify and provide to the USOE and local government entity building official [the total number of]reports of all inspections with the name, state license number, and disciplines of each inspector performing the project inspections;

([c]3) submit inspection certificates and all related submittals to the USOE and appropriate local government entity building official;

([b]4) submit inspection summary reports monthly to the appropriate local government entity building official and the USOE;

([g]5) sign the final certificate of inspection and verification form, certifying all inspections were completed in compliance with [the]all applicable laws and[this] rules[.], and the Resource Manual to safeguard the public health, safety and general welfare of occupants;

([h]6) send the final inspection certification[ and], inspection verification , and provide all other related project closeout submittals to the USOE and to the appropriate local government entity building official upon completion of the project; and

([d]7) maintain all submitted documentation at a designated [school district/charter school]LEA location for auditing or monitoring[;].

[J]E. [Reports required under this rule may be]The SDBO/CSBBO may submit paper or electronic reports to satisfy this section.

 

[R277-471-6. Public School District/Charter School Construction Inspection.

A. A public school district or charter school may employ one of three methods for school construction inspection:

(1) An independent, properly licensed and certified building inspector;

(2) a properly licensed and certified building inspector, employed by the school district; or

(3) a properly licensed and certified building inspector approved by the local jurisdiction in which the construction activity occurs.

B. Procedure for independent properly licensed and certified building inspector:

(1) The SDBO or charter school designee shall provide, on a monthly basis during construction, a copy of each inspection certificate and a monthly inspection summary regarding the school building to the Superintendent and to the appropriate local governmental entity building official where the building is located for each project that exceeds $99,999 in cost.

(2) The school district, through the SDBO, or charter school designee shall identify in the monthly summary reports the total number of inspections as well as the name, state license number and discipline(s) of the state licensed/certified inspectors performing the building inspections.

(3) The independent building inspector shall:

(a) not be an employee of the architect, contractor or any subcontractor on the project;

(b) be approved by the applicable local government or school district building inspector; and

(c) be properly licensed and certified to perform all of the inspections that the inspector is required to perform.

(4) After completion of the project, the SDBO or charter school designee shall, upon completion of all required inspections of the school building, file with the USOE and the building inspector of the local jurisdiction in which the building is located, a certificate of inspection verification, certifying that all inspections were completed in accordance with the Code.

(5) The school district or charter school shall seek a certificate authorizing permanent occupancy of the school building from the Superintendent.

(6) Within 30 days after the school district or charter school files a request for the issuance of a certificate authorizing permanent occupancy of the school building, the Superintendent shall:

(a) issue to the school district or charter school a certificate authorizing permanent occupancy of the school building; or

(b) deliver to the local school board or charter school board a written notice indicating deficiencies in the school district's or charter school's compliance with the inspection findings; and

(c) mail a copy of the certificate authorizing permanent occupancy or the notice of deficiency to the building official of the local government entity in which the school building is located.

(7) Upon the local school or charter school board's filing of the certificate of inspection verification and requesting the issuance of a certificate authorizing permanent occupancy of the school building with the USOE, the school district or charter school shall be entitled to temporary occupancy of the school building for a period up to 90 days, beginning on the date the request is filed, if the school district or charter school has complied with all applicable fire and life safety code requirements.

(8) Upon the school district or charter school remedying any inspection deficiencies and notifying the Superintendent that the deficiencies have been remedied, following certification of the information, the Superintendent shall issue a certificate authorizing permanent occupancy of the school building and mail a copy of the certificate to the building official of the local governmental entity in which the school building is located authorizing permanent occupancy of the school building.

(9) The Superintendent may contract with any appropriately qualified entity or person(s) to provide inspection services that the Superintendent considers necessary to enable the Superintendent to issue a certificate authorizing permanent occupancy of the public school building.

(10) The Superintendent may charge the school district or charter school a fee not to exceed the actual cost of performing the inspection(s) for inspection services that the Superintendent considers necessary to enable the Superintendent to issue a certificate authorizing permanent occupancy of the school building.

(11) A certificate authorizing permanent occupancy issued by the Superintendent shall be considered to satisfy any municipal or county requirement(s) for an inspection or a certification of occupancy.

C. Procedures for properly licensed and certified school district building inspector:

(1) The SDBO or charter school designee shall provide, on a monthly basis during construction, a copy of each inspection certificate and a monthly inspection summary regarding the school building to the Superintendent and to the appropriate local governmental entity building official where the building is located for each project that exceeds $99,999 in cost.

(2) The school district, through the SDBO, or the charter school designee shall identify in the monthly summary reports the total number of inspections as well as the name, state license number and discipline(s) of the state licensed/certified inspectors performing the building inspections.

(3) School districts:

(a) After completion of the project, the SDBO shall sign a certificate of inspection verification and a certificate of occupancy certifying that all inspections were completed in accordance with the Code and file the form with the USOE and the building official of the jurisdiction in which the building is located.

(b) A school district may issue its own certificate authorizing permanent occupancy of a school building if it used a building inspector employed by the public school district for inspection of the school building.

(4) Charter schools:

(a) After completion of the project, the charter school may seek a certificate of occupancy from the SDBO of the school district providing the inspection services.

(b) If the charter school seeks a certificate of occupancy from the SDBO, the SDBO shall sign a certificate of inspection verification and a certificate of occupancy certifying that all inspections were completed in accordance with the Code and file the form with the USOE and the building official of the municipality or county in which the building is located.

(c) A certificate authorizing permanent occupancy issued by a SDBO with authority to issue the certificate shall satisfy any municipal or county requirement for an inspection or a certification of occupancy.

D. Procedure for properly licensed and certified local municipal or county building inspector:

(1) The SDBO or charter school designee shall provide, on a monthly basis during construction, a copy of each inspection certificate and a monthly inspection summary regarding the public school building to the Superintendent for each project that exceeds $99,999 in cost.

(2) The school district, through the SDBO or charter school designee, shall identify in the monthly summary reports the total number of inspections as well as the name, state license number and discipline(s) of the state licensed/certified inspectors performing the building inspections.

(3) School districts:

(a) After completion of the project, the SDBO shall sign a certificate of inspection verification form certifying that all inspections were completed in accordance with the Code and file the form with the USOE and the building official of the jurisdiction in which the building is located.

(b) A public school district shall seek a certificate authorizing permanent occupancy of a school building from the jurisdiction in which the building is located; a copy of the certificate of occupancy shall be filed with the USOE.

(4) Charter schools:

(a) After completion of the project, the charter school designee shall obtain a completed certificate of inspection verification form from the local municipal or county building inspector certifying that all inspections were completed in accordance with the Code and file the form with the USOE.

(b) A charter school shall seek a certificate authorizing permanent occupancy of a school building from the jurisdiction in which the building is located; a copy of the certificate of occupancy shall be filed with the USOE.

E. A municipality or county may not:

(1) require school districts or charter schools to landscape, fence, make aesthetic improvements, use specific construction methods or materials, impose requirements for buildings used only for educational purposes, or place limitations prohibiting the use of temporary classroom facilities on school property. All temporary classroom facilities shall be properly inspected to meet the Code.

(2) require a school district or charter school to participate in the cost of any roadway or sidewalk, or a study of the impact of a school on a roadway or sidewalk, that is not reasonably necessary for the safety of school children and not located on or contiguous to school property, unless the roadway or sidewalk is required to connect an otherwise isolated public school or an existing roadway;

(3) require a school district or charter school to pay fees not authorized under 10-9a-305 or 17-27a-305;

(4) require inspection of school construction or assess a fee or other charges for inspection, unless the school district or charter school is unable to provide for inspection by properly licensed and certified inspectors, other than the project architect, contractor or subcontractors;

(5) require a school district or charter school to pay any impact fee for an improvement project that is not reasonably related to the impact of the school project upon the need that the improvement is to address; or

(6) impose regulations upon the location of a public school project except as necessary to avoid unreasonable risks to health or safety of students.

F. A municipality or county may, at its discretion, schedule a time with school district or charter school officials to:

(1) provide a walk-through of school construction at no cost and at a time convenient to the school district or charter school; and

(2) provide recommendations based on the walk-through.

 

]R277-471-[4]6. Coordination with Local Governments, Utility Providers and State Fire Marshal.

A. Prior to developing plans and specifications for a [new ]public school[, or the expansion of an existing public school, school districts and charter schools] construction project, LEAs shall coordinate with affected local government land use authorities and utility providers to:

(1) ensure that the siting or expansion of a school in the intended location will comply with applicable local general plans and land use laws and will not conflict with entitled land uses;

(2) ensure that all local government services and utilities required by the school construction activities can be provided in a logical and cost-effective manner;

(3) avoid or mitigate existing and potential traffic hazards, including consideration of the impacts between the [new]public school construction and future roadways; and

(4) maximize school, student and site safety.

B. LEAs shall cooperate with municipalities and counties and conform to municipal and county land use ordinances consistent with Sections 10-9a-305 and 17-27a-305.

[B]C. Prior to developing plans and specifications for a [new ]public school[, or the expansion of an existing school, school districts and charter schools]construction project, LEAs shall coordinate with local health departments and the State Fire Marshal.

D. A charter school shall have an open meeting to seek and secure a variance from the appropriate government entity if the LEA selects a school site in a municipality or county-designated zone for sexually oriented businesses or businesses that sell alcohol.

E. Parking requirements for a charter school may not exceed the minimum parking requirements for a traditional public school of a like size and grade levels or other institutional public use throughout the municipality or county.

[C]F. [School districts and charter schools]LEAs shall maintain documentation for audit purposes of coordination, meetings, and agreements required under this section.

G. Prior to developing plans and specifications for a public school construction project, LEAs shall coordinate with local jurisdictions to comply with Federal Emergency Management Agency flood plain requirements and restrictions, including applicable mitigation measures.

 

R277-471-7. Superintendent's Authority to Request Additional Inspections.

A. The Superintendent may contract with any appropriately qualified entity or person(s) to provide inspection services that the Superintendent considers necessary to enable the Superintendent to issue a certificate authorizing temporary or permanent occupancy of the public school building.

B. The Superintendent may charge the LEA a fee not to exceed the actual cost of performing the inspection(s) for inspection services.

 

R277-471-8. Certification of Occupancy.

A. School districts:

(1) After completion of the project when a school district's appropriately credentialed inspector provides inspections, the SDBO shall sign a certificate of inspection verification form certifying that all inspections were completed in accordance with Utah law and the Resource Manual, and file the form with the USOE and the building official of the jurisdiction in which the building is located.

(2) After completion of the project when a local jurisdiction provides inspections, the school district shall seek a certificate authorizing permanent occupancy of a school building from the jurisdiction in which the building is located; a copy of the certificate of occupancy shall be filed with the USOE.

(3) After completion of the project when independent inspectors provide inspections, the SDBO shall seek a certificate authorizing temporary or permanent occupancy of the school from the Superintendent.

B. Charter schools:

(1) After completion of the project and inspection by an appropriately credentialed inspector when a charter school contracts with a school district for inspections, the CSBBO shall obtain a completed certificate of inspection verification form from the SDBO certifying that all inspections were completed in accordance with Utah law and the Resource Manual, and file the form with the USOE and the jurisdiction where the public school is located.

(2) After completion of the project when a local jurisdiction provides inspections, a charter school shall seek a certificate authorizing permanent occupancy of a school building from the jurisdiction in which the building is located; a copy of the certificate of occupancy shall be filed with the USOE.

(3) After completion of the project when independent inspectors provide inspections, the CSBBO shall seek a certificate authorizing temporary or permanent occupancy of the school from the Superintendent.

C. Within 30 days after the LEA files a request for the issuance of a certificate authorizing permanent occupancy of the school building from the USOE, the Superintendent shall:

(1) issue to the LEA a certificate authorizing permanent occupancy of the school building; or

(2) deliver to the LEA board a written notice indicating deficiencies in the LEA's compliance with the inspection findings.

D. If the Superintendent does not issue the certificate authorizing permanent occupancy, the LEA shall provide notice of the deficiency to the building official of the local government entity in which the public school building is located.

E. Upon the LEA board filing the certificate of inspection verification and requesting the issuance of a certificate authorizing permanent occupancy of the school building with the USOE, the LEA shall be entitled to temporary occupancy of the school building for a period up to 90 days, beginning on the date the request is filed, if the LEA has complied with all minimum requirements to safeguard the public health, safety and general welfare of occupants.

F. Upon the LEA remedying any deficiencies and notifying the Superintendent that the deficiencies have been remedied, following certification of the information, the Superintendent shall issue a certificate authorizing permanent occupancy of the school building.

G. Upon receipt of the certificate of occupancy, the LEA shall provide a copy of the certificate to the building official of the local governmental entity in which the school building is located authorizing permanent occupancy of the school building.

 

R277-471-[7]9. School Building Construction and Inspection Resource Manual.

A. The USOE shall develop and distribute [to each school district and charter school a Resource Manual]a Resource Manual, or provide an electronic version, on the USOE School Finance website, consistent with Section 53A-20-104.5.

B. The Resource Manual shall include process, legal requirements and resource information on school building construction, operations, maintenance, minimum requirements to safeguard the public health, safety and general welfare of occupants, and inspections.

C. The USOE shall review and, if necessary, update the Resource Manual annually.

D. The Board[, local school boards, charter school] and LEA boards, as well as [school district and charter school]LEA personnel, shall act consistent with the Resource Manual.

 

R277-471-10. School Construction Guidelines.

A. The Board shall adopt public school construction guidelines that take into consideration the factors identified in Section 53A-20-110 and other factors identified by USOE staff or the Division of Facilities Construction and Management Administration staff.

B. LEAs shall review and take into consideration the school construction guidelines when planning and prior to proceeding with public school construction.

 

R277-471-[9]11 . Enforcement.

A. [School districts and charter schools]An LEA which fails to comply with the provisions of this rule [are]is subject to interruption of state[aid] dollars by the Board [in accordance]consistent with Section 53A-1-401(3) and 53A-17a-144(4)(d).

(1) If a n [school district or charter school]LEA fails to meet or satisfy a school construction inspection requirement or timeline designation under this rule, the Superintendent shall, as directed by the Board, send the school district superintendent or local charter school director[shall receive] notice by certified mail; and

(2) If after 30 days the requirement has not been met, the USOE [shall]may, as directed by the Board, interrupt the Minimum School Program fund transfer process to the following extent:

(a) 10 percent of the total monthly Minimum School Program transfer amount the first month;

(b) 25 percent in the second month; and

(c) 50 percent in the third and subsequent months.

B. If the USOE interrupt[ed]s the Minimum School Program fund transfer process, the USOE shall:

(1) upon receipt of confirmation that the proper inspection(s) has (have) taken place or upon receipt of a late report, restart the transfer process within the month (if the confirmation or report is submitted before the tenth working day of the month) or in the following month (if the confirmation or report is submitted after 10:00 a.m. on or after the tenth working day of the month);[ and]

(2) inform the[ appropriate] Board [Committee ]at its next regularly scheduled[ Committee] meeting; and

(3) inform the chair of the local governing board if the school district superintendent or charter school director is not responsive in correcting ongoing school construction inspection and reporting problems.

C. An LEA may be subject to a[A] nonrefundable fine in the amount of one half of one percent of the total construction costs [shall be assessed school districts and charter schools that]if an LEA fails to report a [new or remodeling]public school construction project[s] consistent with Section 53A-20 and the Resource Manual to the USOE[that exceed $99,999 before construction begins].

(1) The USOE, under the direction of the Board, shall deduct [N]nonrefundable fine amounts[ shall be deducted] from the respective [school district's and charter school's]LEA's Minimum School Program allotment at a rate sufficient to complete collection of the nonrefundable fine by the end of the current fiscal year.

(a) The USOE shall deposit [S]school district nonrefundable fine amounts[collected by USOE shall be deposited] into the School Building Revolving Account; and

(b) The USOE shall deposit charter school nonrefundable fine amounts[collected by USOE shall be deposited] into the Charter School Building Subaccount within the School Building Revolving Account.

[D. Violation of any land use regulation and the substantive provisions of all Codes is a class C misdemeanor and may be subject to further civil penalties, as established by local ordinance.

]

R277-471-[10]12. Appeals Procedure for Nonrefundable Fines.

A. The Board designates the procedure outlined in R277-471-12 as an informal adjudicative proceeding, under Section 63G-4-203.

[A]B. [School districts or local charter school]LEA boards may appeal a fine assessed under R277-471-[9]11C consistent with the following:

(1) A n LEA may not appeal a fine[may not be appealed] until a final administrative decision has been made to assess the fine by the USOE and the fine has been affirmed by the Board.

(2) A district superintendent on behalf of a local school board or a local charter board chair on behalf of a local charter school board may appeal an assessed fine by filing an appeal form provided on the USOE website.

(3) An LEA must file [T]the appeal[must be filed] within 10 business days of final affirmation of USOE action/withholding by the Board.

(4) An LEA shall deliver or provide electronically [T]the appeal[shall be delivered or provided electronically] to the USOE as provided by the appeal form.

(5) An LEA shall provide, as stated on the form, [The appeal form shall require ]an explanation of unanticipated or compelling circumstances that resulted in the local board's or charter school's failure to report new construction or remodeling projects [that exceed $99,999]as required.

(6) The school district superintendent or local charter board chair shall provide [The appeal form shall require] a notarized statement[from the district superintendent or local charter board chair] that the information and explanation of circumstances are true and factual statements.

(7) At least three members of the Finance Committee appointed by the Board shall act as a review committee to review the written appeal.

(a) The appeal committee may request additional information from the [local school board/local charter]LEA board.

(b) The appeal committee may ask the district superintendent or local school district or charter school board chair or [school district/charter school]LEA business staff to appear personally and provide information.

(c) The fine shall be presumed appropriate and legitimate when reviewed by the appeal committee.

(d) The appeal committee shall make a written recommendation within 10 business days of receipt of the appeal request.

(e) The full Finance Committee of the Board shall review the recommendation.

(f) The Finance Committee shall make a formal recommendation to the Board to accept, modify or reject the appeal explanation and fine.

[B]C. The Board, in a regular monthly meeting, may accept or reject the Finance Committee's final recommendation to affirm the fine, modify the fine, or grant the appeal.

[C]D. Consistent with the Board's general control and supervision of the Utah public school system and given the significant public policy concern for safe schools and cost-effective public school building projects, a local board of education or a local charter board has no further administrative appeal opportunity.

 

R277-471-[8]13. Annual Construction and Inspection Conference.

A. The USOE shall sponsor an annual school construction conference for representative(s) from each [school district, charter school,]LEA and interested persons involved in the school building construction, design, operation, maintenance, safety and related industr[y]ies.

B. [The c]Conference presenters and participants shall[:

(1)] provide and discuss current information [on ]and training on public school building construction and inspection, including:

(1) the design, construction, operation and the inspection process of public school buildings;

(2) [provide training on]public school building site selection[, design, construction, ];

(3) [lowest]best building life-cycle costing[, and ];

(4) construction inspection [matters as determined by the USOE]requirements and schedules; and

([3]5) [offer and discuss ]information to improve the existing public school building design, construction, operation and safety inspection program.

 

R277-471-14. School Plant Capital Outlay Report.

A. The Board shall prepare an annual School Plant Capital Outlay Report of all school construction projects completed and under construction, including information on the number and size of buildings.

B. An LEA shall prepare and submit an annual School Plant Capital Outlay Report to the Utah Public Finance website, consistent with Section 63A-3-402, for each new school building construction project or significant school remodel, completed between July 1, 2004 and May 13, 2014. An LEA shall submit the report no later than May 15, 2015. For new school building projects or significant remodel projects completed after May 13, 2014, the LEA shall provide the School Plant Capital Outlay Report to the Division annually, by a date designated by the Division.

C. The School Plant Capital Outlay Report shall include information required under Section 63A-3-402(6)(c).

D. The LEA shall report to the Utah Public Finance website the actual cost, fee, or other expense for any figures required to be reported under R277-471-14B.

E. The report shall be in a format, including any raw data or electronic formatting, prescribed by applicable Division policy.

F. The Division may require an LEA to provide further itemized data on information listed in Section 63A-3-402(b) or R277-471-14B.

 

KEY: educational facilities

Date of Enactment or Last Substantive Amendment: [July 8, 2008]2014

Notice of Continuation: September 9, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-20-104; 53A-20-104.5; 10-9a-305; 17-27a-105; 53A-17a-144(4)(d)