WSR 98-14-147
PROPOSED RULES
STATE BOARD OF EDUCATION
[Filed July 1, 1998, 11:59 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-06-004.
Title of Rule: Chapter 180-29 WAC , State assistance in providing school plant facilities--Procedural regulations.
Purpose: To do one or more of the following, as deemed appropriate: Make technical adjustments, clarify existing provisions, repeal unnecessary wording, repeal provisions unsupported by rule-making authority, or provide greater flexibility or discretion to persons or entities subject to the rules.
Statutory Authority for Adoption: RCW 28A.525.020.
Summary: See Purpose above.
Reasons Supporting Proposal: Amend to provide clarity and rewrite outdated wording; repeal sections that are no longer applicable.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.
Name of Proponent: State Board of Education.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: Technical corrections - 6; repeals - 5; paperwork reductions - 0; clarifications - 2; authority transfers (local control) - 1; new sections - 0; and additional requirements - 2.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption. Not applicable.
Hearing Location: Center for Education Leadership, 2921 Falk Road, Vancouver, WA 98661, on August 19, 1998, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Patty Martin by August 5, 1998, TDD (360) 664-3631, or (360) 753-6715.
Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by August 12, 1998.
Date of Intended Adoption: August 20, 1998.
July 1, 1998
Larry Davis
Executive Director
OTS-2300.1
AMENDATORY SECTION (Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)
WAC 180-29-005 Authority. This chapter is adopted pursuant
to RCW ((28A.525.200)) 28A.525.020 relating to authority of the
state board of education to prescribe rules and regulations
governing the administration, control, terms, conditions, and
disbursements of allotments to school districts to assist them in
providing school facilities. In accordance with RCW 28A.525.200,
the only provision of chapter 28A.525 RCW currently applicable to
state assistance for school plant facilities are RCW 28A.525.030,
28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.
[Statutory Authority: 1990 c 33. 90-17-009, § 180-29-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-005, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 27-85, filed 11/27/85)
WAC 180-29-021 Deadline for submission of agenda items.
((The superintendent of public instruction shall not place on the
agenda of any regular meeting of the state board of education any
item requested by a district pertaining to the approval of school
facilities, including state board of education action regarding
study and surveys, site approval or waiver, planning grants, and
any other matters requiring action by the state board of
education pertaining to a school facility unless such district
has presented to the superintendent of public instruction in
satisfactory form all materials required by law or rule or
regulation of the state board of education pertaining to such
action at least sixty calendar days preceding the date of
commencement of the next scheduled meeting of the state board of
education: Provided, That if any error or omission in such
materials is found prior to the thirtieth calendar day preceding
the first day of such meeting and is corrected prior to such
date, the superintendent of public instruction shall place such
item on the agenda of the state board of education.)) All items
related to the approval of school facilities and requiring action
by the state board of education shall be submitted to the
superintendent of public instruction no later than sixty days
prior to the date of any regular state board of education meeting
at which action is expected.
[Statutory Authority: RCW 28A.47.830. 85-24-050 (Order 27-85), § 180-29-021, filed 11/27/85.]
AMENDATORY SECTION (Amending Order 12-83, filed 10/17/83)
WAC 180-29-025 State board of education review. Upon
completion of the study and survey by the superintendent of
public instruction and review by district board of directors, the
study and survey shall be submitted to the state board of
education, accompanied by recommendations from the superintendent
of public instruction and an application for state assistance
from the district for the project(s) to be considered by the
board. State board of education approval of a proposed
project(s) shall establish the ((maximum)) area cost allowance
and estimated amount of state financial assistance based upon the
information furnished in the study and survey.
[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-025, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 12-83, filed 10/17/83)
WAC 180-29-035 Site((--Acceptance requirements)). (1) The
district shall provide the superintendent of public instruction
with ((evidence of compliance with applicable site conditions
pursuant to chapter 180-26 WAC and)) certification from the
district board of directors that the site will not create or
aggravate racial imbalance.
(2) ((The superintendent of public instruction shall conduct
an on-site review as required by chapter 180-26 WAC.
(3) Acceptance)) Review of the site by the superintendent of
public instruction as required by chapter 180-26 WAC shall be ((a
prerequisite to commencing with the design of a school facility
project)) completed prior to issuance of preliminary funding
status.
[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-035, filed 10/17/83.]
AMENDATORY SECTION (Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)
WAC 180-29-080 Construction documents--Bids and contract provisions. The construction documents shall include the following bid and contract provisions:
(1) Separate or combined bids. The school district shall determine if the bids for general, mechanical, or electrical are to be separate or combined.
(2) Combination projects. For those projects which include a combination of both new construction and modernization, bid documents shall provide for separate and distinct bids for each and shall, when combined, be the low bid for the project.
(3) Ineligible items. Items ineligible for state matching shall be bid separate or as an alternate.
(4) Bid law. All items included in the construction documents shall be bid in accordance with RCW 28A.335.190 and 43.19.1906.
(5) ((Fire)) Insurance. Provision for ((fire)) insurance is
mandatory for all school facilities under construction. The
insurance shall cover at a minimum the amount of the work in
place and materials to be used in the project which is in place
and on the site. Evidence shall be submitted to the
superintendent of public instruction that insurance is provided
for by the contractor or the school district. Only costs for
insurance provided for in the construction documents will be
matched.
[Statutory Authority: 1990 c 33. 90-17-009, § 180-29-080, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-080, filed 10/17/83.]
AMENDATORY SECTION (Amending WSR 92-16-058, filed 8/3/92, effective 9/3/92)
WAC 180-29-085 Construction and other documents--Submittal.
(1) For the purpose of determining that the provisions set forth
in chapters 180-25 through 180-29 WAC have been complied with
prior to the opening of bids of any project to be financed with
state moneys, the school district shall ((submit to or)) have on
file with the superintendent of public instruction the following:
(a) One microfilm copy of the construction documents;
(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 180-29-090;
(d) Area analysis on a form approved by the superintendent of public instruction in accordance with chapter 180-27 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 180-27-100;
(f) One copy of the value engineering report ((signed)) as
accepted by the school district board of directors. 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 ((by the school district board of
directors)) explaining why each alternate not accepted was
rejected;
(g) ((A)) Completed ((standardized)) Building ((inventory
and)) Condition Evaluation Forms (BCEF) as required by WAC 180-27-535 for every school facility in the district.
(2) If the above documents reflect an increase in square foot size from the application approved by the state board of education as per WAC 180-29-030 which will result in an increase in state support, a new application must be submitted to the state board of education.
[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-29-085, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-085, filed 10/17/83.]
AMENDATORY SECTION (Amending WSR 94-01-014, filed 12/3/93, effective 1/3/94)
WAC 180-29-090 Construction documents--Other governmental
agency approval. (((1))) The construction documents shall be
submitted for the approval of the following other governmental
agencies:
(((a))) (1) Fire marshal or fire chief having jurisdiction;
(((b))) (2) Department of labor and industries or local
jurisdiction when permitted by the department of labor and
industries (electrical);
(((c))) (3) Health agency having jurisdiction;
(((d))) (4) Department of ecology or the local agency having
jurisdiction for environmental approvals (when applicable); and
(((e))) (5) Building official ((of the)) having
jurisdiction.
Approvals shall be in respect to compliance with pertinent rules and regulations established by said agencies.
(((2) The school district shall receive)) Written approvals
of the construction documents by the agencies ((and submit proof
of such approvals)) shall be submitted to the superintendent of
public instruction in accordance with WAC 180-29-085.
[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-01-014, § 180-29-090, filed 12/3/93, effective 1/3/94. Statutory Authority: RCW 28A.47.802. 84-21-003 (Order 11-84), § 180-29-090, filed 10/4/84. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-090, filed 10/17/83.]
AMENDATORY SECTION (Amending WSR 91-20-151, filed 10/2/91, effective 11/2/91)
WAC 180-29-1075 State board of education commitment when
district is authorized to open bids. ((Except as provided at WAC
180-29-1076)) When a district is granted approval to open bids
pursuant to WAC 180-29-107, the state board of education is
committed as provided at WAC 180-29-107 as well as to all other
state building assistance determinations including but not
limited to((, for example,)) additional state assistance((,)) and
professional fees((,)) determined pursuant to state building
assistance rules and regulations in effect at the time such
approval to open bids is granted. This commitment is subject to
the district's compliance with the time limitation for
requesting an authorization for contract award as set forth in
WAC 180-29-108.
[Statutory Authority: RCW 28A.525.020 and 1991 c 14. 91-20-151, § 180-29-1075, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.47.830. 86-04-065 (Order 1-86), § 180-29-1075, filed 2/4/86.]
AMENDATORY SECTION (Amending WSR 91-20-151, filed 10/2/91, effective 11/2/91)
WAC 180-29-115 Authorization for contract award. (1) Upon receipt of the items as per WAC 180-29-110, the superintendent of public instruction shall:
(a) Analyze the bids;
(b) Determine the amount of state moneys allocable; and
(c) ((Except as provided at WAC 180-29-116)) Make an
allocation of state moneys for construction and other items as
per chapter 180-27 WAC.
(2) Authorization for contract award and allocation of state moneys shall be contingent upon the following:
(a) The contract price for the construction has been established by competitive bid(s); and
(b) The school district has available sufficient local funds pursuant to chapter 180-25 WAC.
[Statutory Authority: RCW 28A.525.020 and 1991 c 14. 91-20-151, § 180-29-115, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-115, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 12-83, filed 10/17/83)
WAC 180-29-155 Final acceptance of project by architect/engineer. Upon final completion of the project by contractor(s), the architect/engineer shall inspect the project to determine compliance with the construction documents. The architect/engineer, upon determining that the project has been completed satisfactorily, shall make such recommendation through the issuance of a certificate of completion to the school district board of directors. Separate certificates of completion shall be written for each contract awarded. Certificates of completion shall provide a statement of work completed including the gross square footage of new and/or modernized construction.
[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-155, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 24-85, filed 11/27/85)
WAC 180-29-200 Forms. In addition to forms prescribed in
WAC 180-25-200 and 180-26-200, commencing January 1, 1986, forms
applicable to the provisions of this chapter for school facility
projects ((after such date)) shall be as follows:
(1) Applications for secured funding status pursuant to WAC 180-29-107 shall be designated as SPI Form D-7.
(2) Grants of secured funding status pursuant to WAC 180-29-107 shall be given to districts through SPI Form D-8.
(3) Grants of authority for school districts to proceed without secured funding status pursuant to WAC 180-29-107 shall be given to districts through SPI Form D-8-1.
(4) Applications for authority to enter into contracts pursuant to WAC 180-29-110 shall be designated as SPI Form D-9.
(5) Grants of authority to enter into contracts pursuant to WAC 180-29-115 shall be given to districts through SPI Form D-10.
(6) Grants of authority for school districts to enter into contracts without secured funding status pursuant to WAC 180-29-115 shall be given to districts through SPI Form D-10-1.
(7) Applications for SPI to release retainage pursuant to WAC 180-29-165 shall be designated as SPI Form D-11.
(((7))) (8) Grants of release of final retainage pursuant to
WAC 180-29-165 shall be given through SPI Form D-12.
[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-29-200, filed 11/27/85.]
OTS-2013.1
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 180-29-015 Application--Study and survey by the superintendent of public instruction.
WAC 180-29-020 Study and survey--Local involvement.
WAC 180-29-030 State board of education approval.
WAC 180-29-1076 Suspension of state building assistance commitments pending adoption of new priority system for allocating state assistance.
WAC 180-29-116 Suspension of state building assistance commitments pending adoption of new priority system for allocating state assistance.