WSR 17-14-076 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed June 29, 2017, 3:02 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-07-115.
Title of Rule and Other Identifying Information: WAC 392-343-515 Modernization or new-in-lieu of modernization priority elements, 392-343-535 Existing building condition—Evaluation, 392-344-085 Construction and other documents—Submittal, and 392-347-023 State funding assistance in post 1993 buildings.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 South Washington Street, Olympia, WA 98501, on August 15, 2017, at 10:30 a.m.
Date of Intended Adoption: August 17, 2017.
Submit Written Comments to: Scott Black, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, email schoolfacilitiesrules@k12.wa.us, fax (360) 586-3946, by August 15, 2017.
Assistance for Persons with Disabilities: Contact Kristin Murphy by August 1, 2017, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule making amends OSPI's current school facilities funding rules to replace references to the building condition evaluation form (BCEF) with building condition assessment (BCA).
Reasons Supporting Proposal: BCA was adopted in 2009-2010 as the building condition assessment tool for the purposes of completing study and surveys and complying with asset preservation program requirements. Historically, BCEF has been used for the sole purpose of assessing the condition of school facilities as part of the required prioritization for state funding. This amendment would adopt the BCA condition assessment tool as the only tool OSPI uses whenever a BCA is required to comply with any OSPI school facilities funding requirement such as prioritization.
Statutory Authority for Adoption: RCW 28A.525.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting and Implementation: Scott Black, OSPI, 600 South Washington Street, Olympia, WA, (360) 725-6268; and Enforcement: Randy Newman, OSPI, 600 South Washington Street, Olympia, WA, (360) 725-6265.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable. No small business impact, no school district fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
June 29, 2017
Chris P. S. Reykdal
Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)
WAC 392-343-515 Modernization or new-in-lieu of modernization priority elements.
School district projects with secured funding assistance as of July 2018. The ((three)) two priority elements that are related to modernization or new-in-lieu projects are as follows:
(1) Health & safety - Twenty possible points. A maximum of ((sixteen)) twenty points are awarded based on the ((evaluation)) assessment contained in the ((Building Condition Evaluation Form (BCEF) (WAC 392-343-535) and are awarded as follows:
15 - 19 percent = 16 points, 20 - 24 percent = 15 points, 25 - 29 percent = 14 points, etc., until 95 percent at which no points are awarded.
The health and safety condition points are combined with an additional:
Two points if school does not meet seismic code requirements.
Two points if school is not asbestos free)) Health and Safety Assessment form (WAC 392-343-535). In cases where projects affect multiple buildings, the health and safety score is weighted by the proportion of gross square feet (GSF) affected.
(2) Condition of building - Thirty possible points. The ((score is)) total points are based on the building condition ((Evaluation Form (WAC 392-343-535) analysis for all categories other than access for persons with developmental disabilities)) assessment (BCA) as recorded in the superintendent of public instruction's information and condition of schools (ICOS) system (WAC 392-343-535). If the building condition score is thirty-one or less, ((then)) the maximum thirty points are awarded to the project. If the condition score is ninety-one or more, ((then)) no points are awarded. If the condition score is from thirty-two to ninety, the condition score is subtracted from ninety-one and multiplied by fifty percent to determine the points. In cases where projects affect multiple buildings, the ((BCEF)) BCA score is weighted by the proportion of gross square feet (GSF) affected.
(((3) Cost/benefit factor - Ten minus points possible. If the proposed project is a modernization and the BCEF score is less than forty, one point is deducted for each point the BCEF score is less than forty up to a total possible deduction of ten points.
If the proposed project is a new-in-lieu of modernization and the BCEF score is greater than sixty, one point is deducted for each point the BCEF score is higher than sixty to a total possible deduction of ten points.))
The scores shall be determined at the time of project approval per WAC 392-341-045. These scores shall be carried until the district requests a redetermination.
AMENDATORY SECTION (Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)
WAC 392-343-535 Existing building condition—((Evaluation)) Assessment.
School district projects with secured funding assistance as of July 2018. Building condition assessment (BCA) and health and safety ((evaluations)) assessments for purposes of determining priority scores and completing building inventories shall be conducted and reported to the superintendent of public instruction((, utilizing an evaluation model)). Assessment scores shall be recorded in the superintendent of public instruction's information and condition of schools (ICOS) system and on reporting forms for building type, history, equipage, condition, and health and safety factors, ((and portables on site)) that shall be adopted and subject to revision from time to time by the superintendent of public instruction. The information provided by the district on these forms shall be subject to review by the staff or agents of the superintendent of public instruction, or to audit by the state auditor. Compliance with this requirement for all schools in a district is a requirement for the receipt of any state construction funding assistance for projects approved after January 26, 1991.
AMENDATORY SECTION (Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)
WAC 392-344-085 Construction and other documents—Submittal.
School district projects with secured funding assistance as of July 2018. (1) For the purpose of determining that the provisions set forth in chapters 392-341 through 392-344 WAC have been complied with prior to the opening of bids of any project to be financed with state funding assistance, the school district shall have on file with the superintendent of public instruction the following:
(a) One copy of the construction documents forwarded by others;
(b) Cost estimate of construction on a form approved by the superintendent of public instruction, completed and signed by the architect-engineer;
(c) Signed copy or photocopy of letters of approval by other governmental agencies in accordance with WAC 392-344-090;
(d) Area analysis on a form approved by the superintendent of public instruction in accordance with chapter 392-343 WAC;
(e) Complete listing of construction special inspections and/or testing to be performed by independent sources that are included in the project pursuant to WAC 392-343-100;
(f) School district board acceptance of a value engineering report and its implementation.
The report shall include the following:
(i) A brief description of the original design;
(ii) A brief description of the value engineering methodology used;
(iii) The areas analyzed;
(iv) The design alternatives proposed;
(v) The cost changes proposed;
(vi) The alternates accepted; and
(vii) A brief statement explaining why each alternate not accepted was rejected;
(g) Certification by the school district that a constructability review report was completed.
The report shall include:
(i) A brief description of the constructability review methodology used;
(ii) The area analyzed;
(iii) The recommendations accepted; and
(iv) A brief statement explaining why each recommendation not accepted was rejected;
(h) Completed building condition ((Evaluation Forms (BCEF))) assessment (BCA) as required by WAC 392-343-535 for every school facility in the district.
(i) Completed health and safety assessment as required by WAC 392-343-535, on buildings for which state funding assistance is being requested.
(2) If the above documents reflect an increase in square foot size from the application approved by the superintendent of public instruction as per WAC 392-344-025 which will result in an increase in state funding assistance, a new application must be submitted to the superintendent of public instruction.
AMENDATORY SECTION (Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)
WAC 392-347-023 State funding assistance in post 1993 facilities.
As a condition precedent to receiving state funding assistance for modernization under WAC 392-347-015 or new-in-lieu of modernization under WAC 392-347-042, school districts that received state funding assistance for new and new-in-lieu school buildings and whose buildings were accepted as complete by school board of directors as of January 1, 1994, and later, shall adopt by board resolution and implement an asset preservation program (APP).
(1) Definitions: For purposes of this chapter:
(a) An asset preservation program is a systematic approach to ensure performance accountability; promote student health and safety by maintaining and operating building systems to their design capacity; maintain an encouraging learning environment; and extend building life, thus minimizing future capital needs.
(b) An asset preservation system is a system of tasks or projects that are active, reactive, or proactive in maintaining the day to day health, safety, and instructional quality of the school facility and tasks or projects that are proactive, predictive or preventative in maintaining the school facility over its thirty-year expected life cycle.
(c) A building condition ((evaluation)) assessment (BCA) is an ((evaluation)) assessment of the condition of building components and systems using a standardized scoring matrix, an element of the office of the superintendent of public instruction's information and condition of schools (ICOS) system.
(d) A building condition standard is a numeric scoring table with a scale identifying the expected condition score for each year of the building's expected life cycle.
(2) The office of the superintendent of public instruction shall establish and adopt a uniform program of specifications, standards, and requirements for implementing and maintaining the asset preservation program.
(3) School districts with affected buildings under this chapter are required to:
(a) Adopt or implement an asset preservation system;
(b) Annually perform a building condition ((evaluation and report the condition of such building)) assessment (BCA) which shall include recording assessments in the ICOS system and reporting the assessment scores to the school district's board of directors no later than April 1st of each year;
(c) Thereafter in six year intervals during the thirty-year expected life span of the building, have a certified evaluator, as approved by the office of the superintendent of public instruction, perform a building condition evaluation and report the condition to the school district's board of directors and to the office of the superintendent of public instruction no later than April 1st.
(4) A school district building affected under this chapter and that does not meet the minimum building condition standard score of ((forty)) sixty-two points at the end of the thirty years from the accepted date shall:
(a) Have its allowable cost per square foot used to determine the amount of state funding assistance in any modernization project reduced at a rate of two percent for each point below ((forty)) sixty-two points, not to exceed a total twenty percent reduction; or
(b) Be ineligible for state funding assistance when the building condition score is less than ((thirty)) forty points.
(((5) The following schedule shall apply to school districts with buildings affected under this chapter, and the requirements set forth shall replace the former requirements of this section:
(a) Buildings accepted by the school board in 1994 must begin an asset preservation program in 2009, and shall fully implement the program within no more than one and one-half years;
(b) Buildings accepted by the school board in 1995 must begin an asset preservation program in 2010, and shall fully implement the program within no more than one year;
(c) Buildings accepted by the school board in 1996 through 2010 must begin an asset preservation program in 2011, and shall fully implement the program within no more than six months;
(d) Buildings accepted by the school board after December 31, 2010, must implement an asset preservation program within six months of facility acceptance.))
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