WSR 10-15-042

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed July 13, 2010, 1:09 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-09-007.

Title of Rule and Other Identifying Information: WAC 392-344-095 Construction documents -- Compliance with public works statutory provisions and 392-344-165 Documents required for release of retainage by school districts.

Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on August 25, 2010, at 11:30.

Date of Intended Adoption: August 25, 2010.

Submit Written Comments to: Scott Black, Office of Superintendent of Public Instruction, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail schoolfacilitiesrules@k12.wa.us, fax (360) 586-3946, by August 24, 2010.

Assistance for Persons with Disabilities: Contact Kristin Collins by August 24, 2010, TTY (360) 664-3631 or (360) 725-6270.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Requirements per RCW 39.04.320 [(1)](c)(i) regarding apprenticeship utilization necessitate making changes to the rules in order to educate and verify that the districts have fulfilled the apprenticeship requirements.

Statutory Authority for Adoption: RCW 28A-525-020 [28A.525.020] Duties of the superintendent of public instruction.

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

Name of Proponent:

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 cost-benefit analysis is not required under RCW 34.05.328.

July 13, 2010

Randy Dorn

Superintendent of

Public Instruction

OTS-3411.1


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

WAC 392-344-095   Construction documents -- Compliance with public works statutory provisions.   The construction documents shall provide for compliance by the contractor with pertinent statutory provisions relating to public works including the following:

(1) Chapter 39.08 RCW relating to contractor's bond;

(2) Chapter 39.12 RCW relating to prevailing wages;

(3) Chapter 18.27 RCW relating to contractor registration;

(4) Chapter 49.28 RCW relating to hours of labor;

(5) Chapter 49.60 RCW relating to discrimination; ((and))

(6) Chapter 70.92 RCW relating to the provisions for the aged and physically handicapped;

(7) RCW 39.04.320 relating to apprenticeship utilization.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as 392-344-095, filed 7/25/06, effective 8/25/06. Statutory Authority: Chapter 39.25 RCW, RCW 39.25.010, 39.25.020 and 39.25.030. 95-08-031, 180-29-095, filed 3/29/95, effective 4/29/95. Statutory Authority: RCW 28A.47.802. 84-21-003 (Order 11-84), 180-29-095, filed 10/4/84. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), 180-29-095, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 08-20-008, filed 9/18/08, effective 10/19/08)

WAC 392-344-165   Documents required for release of retainage by school district.   Release of retainage on contracts shall be subject to receipt by the superintendent of public instruction of the following documents:

(1) These documents shall be required no later than thirty days after official acceptance:

(a) Properly executed state invoice voucher as per the requirements of WAC 392-344-145;

(b) Architect/engineer certificate(s) of completion;

(c) School district board of directors' resolution of final acceptance signed by the authorized agent of the school district;

(d) School district board of directors' resolution accepting the building commissioning report;

(e) Certification by the authorized agent of the school district that the requirements of RCW 39.04.320 apprenticeship utilization have been met.

(2) These documents shall be required no later than sixty days after official acceptance:

(a) Certification by the authorized agent of the school district that the district has on file all affidavits of wages paid in compliance with RCW 39.12.040;

(b) After expiration of forty-five days following acceptance of the project by the school district, a signed statement by the authorized agent of the school district that no lien(s) is on file with the school district or a certified list of each lien is on file with the school district. A copy of each lien shall be forwarded to the superintendent of public instruction;

(c) Either a permanent or temporary occupancy permit by building official of the jurisdiction. Also required are release documents as defined in chapter 60.28 RCW, RCW 50.24.130, and 51.12.050.

[Statutory Authority: RCW 28A.525.020. 08-20-008, 392-344-165, filed 9/18/08, effective 10/19/08; 06-16-032, amended and recodified as 392-344-165, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, 180-29-165, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), 180-29-165, filed 10/17/83.]

Washington State Code Reviser's Office