WSR 08-04-084

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed February 5, 2008, 11:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-01-087.

Title of Rule and Other Identifying Information: WAC 392-343-080 Value engineering studies, constructability reviews, and building commissioning -- Requirements and definition, lowers the threshold for state match funding for building commissioning for common school construction. Allows for state match funding for school construction starting at five thousand square feet.

Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on March 17, 2008, at 9:30 a.m.

Date of Intended Adoption: March 18, 2008.

Submit Written Comments to: Scott Black, Office of Superintendent of Public Instruction, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, by March 16, 2008.

Assistance for Persons with Disabilities: Contact Penny Coker by March 16, 2008, TTY (360) 725-6130.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule change is to reconcile the differences in requirements and state funding eligibility between the state funding formula in WAC 392-343-080 and the high-performance public buildings law, chapter 39.35D RCW, in regard to building commissioning. Building commissioning is currently funded starting at fifteen thousand square feet by required at five thousand square feet for projects subject to chapter 39.35D RCW.

Projects between five thousand square feet and fifteen thousand square feet will now be able to receive state match funding for building commissioning.

Reasons Supporting Proposal: Currently, state match to fund building commissioning for school construction projects starts at fifteen thousand square feet. Allowing state match to start at five thousand square feet is necessary because projects over five thousand square feet are not required under another statute to perform building commissioning.

Statutory Authority for Adoption: RCW 28A.525.020 Duties of the superintendent of public instruction.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This change will help school districts pay the fees for building commissioning.

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Scott Black, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6268; and Enforcement: Gordon Beck, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6261.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose any costs on school districts.

A cost-benefit analysis is not required under RCW 34.05.328.

February 5, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1315.1


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-080   Value engineering studies, constructability reviews, and building commissioning -- Requirements and definition.   At the appropriate time in the design process for a school facility approved by the superintendent of public instruction, the district shall prepare a value engineering study, complete a constructability review, and perform building commissioning for all projects greater than fifty thousand square feet. Value engineering studies((,)) and constructability reviews((, and building commissioning)) shall be optional for projects larger than fifteen thousand square feet but less than fifty thousand square feet. Any project which includes fifteen thousand square feet or less shall be exempt from this requirement. For projects subject to chapter 39.35D RCW, building commissioning must be performed for all projects over five thousand square feet. For the purpose of this section, a value engineering study is defined as a cost control technique which is based on the use of a systematic, creative analysis of the functions of the facility with the objective of identifying unnecessary high costs or functions and/or identifying cost savings that may result in high maintenance and operation costs. The study shall consist of a forty-hour workshop involving a minimum of a five-person team pursuant to WAC 392-344-065. A constructability review is defined as a cost control technique which is based on the review of project documents by mechanical, electrical, structural, construction, and design professionals prior to a request for bids. The purpose of a constructability review is to identify potential claim or problem areas and deficiencies that may occur as a result of errors, ambiguities, omissions, discrepancies, and conflicts in design documents. The study shall consist of a forty-hour workshop involving a minimum of a five-person team pursuant to WAC 392-344-066. Building commissioning is defined as the process of verifying that the installation and performance of selected building systems meet or exceed the specified design criteria and therefore satisfy the design intent. Building commissioning shall include a physical inspection, functional performance testing, listing of noted deficiencies, and a final commissioning report. Building commissioning shall be performed by a professional agent or authority not contractually or otherwise financially associated with the project design team or contractor. A district shall be eligible for state assistance for a value engineering study, a constructability review, and building commissioning for each qualifying project. The maximum amount of assistance for ((each component)) value engineering studies and constructability reviews of the study package shall be the state matching percentage multiplied by the greater of the following:

(1) Two-fifths of one percent of the area cost allowance multiplied by the square foot area for the fiscal year funded; or

(2) Twenty thousand dollars.

The maximum amount of assistance for building commissioning shall be as follows:

(a) Seven thousand five hundred dollars for projects larger than five thousand square feet but less than ten thousand square feet;

(b) Ten thousand dollars for projects ten thousand square feet but less than fifteen thousand square feet;

(c) The larger of the following for projects fifteen thousand square feet and above:

(i) Two-fifths of one percent of the area cost allowance multiplied by the square foot area for the fiscal year funded; or

(ii) Twenty thousand dollars.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as 392-343-080, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, 180-27-080, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 99-24-127, 180-27-080, filed 12/1/99, effective 1/1/00; 98-19-143, 180-27-080, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), 180-27-080, filed 10/17/83.]

Washington State Code Reviser's Office