WSR 99-24-126

PERMANENT RULES

STATE BOARD OF EDUCATION


[ Filed December 1, 1999, 11:05 a.m. ]

Date of Adoption: October 29, 1999.

Purpose: To do one or more of the following, as deemed appropriate: Make technical amendments, clarify existing provisions, or implement new rules resulting from EHB 1831.

Citation of Existing Rules Affected by this Order: Amending WAC 180-29-040, 180-29-075, 180-29-085, and 180-29-160.

Statutory Authority for Adoption: RCW 28A.525.020.

Adopted under notice filed as WSR 99-19-152 on September 22, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

November 22, 1999

Larry Davis

Executive Director

OTS-3273.3


AMENDATORY SECTION(Amending WSR 99-18-107, filed 9/1/99, effective 10/2/99)

WAC 180-29-040
Educational specifications(( -- Review and comment)).

Prior to the commencement of the design of the proposed school facility, the school district shall cause to be prepared the educational specifications pursuant to chapter 180-26 WAC.

[Statutory Authority: RCW 28A.525.020.  99-18-107, 180-29-040, filed 9/1/99, effective 10/2/99.  Statutory Authority: RCW 28A.47.830.  83-21-067 (Order 12-83), 180-29-040, filed 10/17/83.]


NEW SECTION
WAC 180-29-066
Constructability review contracts.

Consultants performing constructability reviews on approved school facilities shall utilize an independent multidiscipline team and shall have a minimum of five years of experience providing constructability reviews of equivalent size projects. Contracts between the school district and the consultant shall stipulate the amount of the fee and the consultant's duties to be performed as in chapter 180-27 WAC.

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NEW SECTION
WAC 180-29-067
Building commissioning contracts.

Consultants performing building commissioning on approved school facilities shall incorporate the attributes of the building commissioning association in their commissioning program. Contracts between the school district and the consultant shall stipulate the amount of the fee and the consultant's duties to be performed as in chapter 180-27 WAC.

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AMENDATORY SECTION(Amending Order 12-83, filed 10/17/83)

WAC 180-29-075
Contracts -- Filing.

The school district shall submit to the superintendent of public instruction one copy of the following contracts for projects approved by the state board of education for state assistance:

(1) Educational specifications (WAC 180-29-050)

(2) Architect-engineer (WAC 180-29-055)

(3) Energy conservation report (WAC 180-29-060)

(4) Value engineering (WAC 180-29-065)

(5) Constructability review (WAC 180-29-066)

(6) Building commissioning (WAC 180-29-067)

(7) Construction management (WAC 180-29-068).

[Statutory Authority: RCW 28A.47.830.  83-21-067 (Order 12-83), 180-29-075, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 98-19-141, filed 9/23/98, effective 10/24/98)

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 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 and constructability review reports as accepted by the school district board of directors.  The reports shall include the following:

(i) A brief description of the original design;

(ii) A brief description of the value engineering or constructability review 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) Completed Building 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.  98-19-141, 180-29-085, filed 9/23/98, effective 10/24/98.  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 92-24-027, filed 11/24/92, effective 12/25/92)

WAC 180-29-160
Acceptance of project by school district.

Based upon board acceptance of a building commissioning report when required and an inspection of the project and the certificate(s) of completion signed by the architect/engineer, the school district board of directors shall accept the project as complete or reject the project as incomplete.  Until the superintendent of public instruction receives a school district board resolution officially accepting the project as complete and a copy of the commissioning report with board acceptance, no release of retainage shall be made in accordance with WAC 180-29-165.

[Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW.  92-24-027, 180-29-160, filed 11/24/92, effective 12/25/92.  Statutory Authority: RCW 28A.47.830.  83-21-067 (Order 12-83), 180-29-160, filed 10/17/83.]

Washington State Code Reviser's Office