DEPARTMENT OF EDUCATION
State Board of EducationRULE NO: RULE TITLE
6A-2.0010: Educational FacilitiesNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33, No. 45, November 9, 2007 issue of the Florida Administrative Weekly.
The document incorporated by reference within the rule, State Requirements for Educational Facilities” was amended in the following sections:
Section 1.1
(3) Scope of SREF requirements. SREF establishes the requirements for public educational facilities under the Florida School Code and Chapter 1013, Florida Statutes, in particular. Boards must ensure that public educational facilities are in compliance with other applicable state and federal regulations, including but not limited to the Florida Building Code (FBC), Florida Fire Prevention Code (FFPC), Uniform Building Code (which consists of Section 423, FBC, and the FFPC), and the Asbestos Hazard Emergency Response Act (AHERA).
Section 1.4
Acquisition and Disposal of Real Property.
(1) Boards, including universities, are authorized to purchase, own, convey, sell, lease, trade, and encumber real property. A board planning to acquire sites, existing facilities, or new facilities, through purchase, gift, lease, lease-purchase, or otherwise, shall comply with all laws, procedures, and requirements pertaining to the appropriation and use of capital outlay funds, including appraisal and/or condemnation procedures.
(1) Authority. Boards are authorized to purchase, own, trade, convey, sell, lease, or encumber real property.
(2) Acquiring Real Property. The purchase of real property by a board shall be in compliance with Sections 1013.14, 1013.36, 1013.40(2) and (3), and 1013.78, F.S. Before acquiring real property, the board shall consider the most economical and practical locations for current and anticipated needs. The board shall coordinate with local, regional, and state governmental agencies to assure compatibility with the comprehensive plan.
(3) Coordination with Local Governing Bodies. The board and the appropriate local governing body shall agree on a process for assuring coordination and cooperation in the provision of educational facilities and associated infrastructure as described in Section 1013.33, F.S., and other applicable growth management laws and rules.
(4) Recommended Usable Acreage. The board shall ensure that each site contains at least the minimum usable acreage necessary to meet the needs of the anticipated program as follows:
(a) Elementary School. A minimum of four (4) acres for the first two hundred (200) student capacity plus one (1) acre for each additional one hundred (100) students.
(b) Middle or Junior High School. A minimum of six (6) acres for the first three hundred (300) student capacity plus one (1) acre for each additional one hundred (100) students.
(c) Senior High School. A minimum of seven (7) acres for the first three hundred (300) student capacity plus one (1) acre for each additional fifty (50) students up to one thousand (1,000) students, plus one (1) acre for each additional one hundred (100) students thereafter.
(d) Area Vocational-Technical School. A minimum of twenty (20) acres for the first five hundred (500) student capacity plus one (1) acre for each additional fifty (50) students up to one thousand (1,000) students.
(e) Community College. A main campus site should be a minimum of one hundred (100) acres. Each separate center site should contain a minimum of forty (40) acres for the first five hundred (500) student capacity plus two (2) acres for each additional one hundred (100) students. Special-purpose center site acreage should be appropriate to contain the functions identified in the program.
(f) Exception to Site Size. When a board chooses to employ an exception to the Recommended Usable Acreage, it shall consider how equitable programs can be offered.
(5) Abandoned Facilities. Abandoned facilities owned by the board shall be secured to eliminate safety and sanitation hazards, unlawful entry, and vandalism from occurring.
(6) Returning Facilities to Instructional Use. When returning board-owned educational facilities to instructional use, the facility shall be inspected for deficiencies in accordance with the Florida Fire Prevention Code for an existing building and SREF Section 5. Any remodeling, renovation, or correction of deficiencies shall be brought into compliance with the requirements in the state minimum life safety codes, Florida Building Code, the Florida Fire Prevention Code, state and federal laws, and state and federal rules, as applicable.
(7) Disposal of Property. A board has the authority to dispose of any land or other real property by resolution of such board, if recommended in an educational plant survey, and if determined to be unnecessary for educational or ancillary purposes. A board shall take diligent measures to dispose of educational property only in the best interest of the public. This section does not apply to granting of easements, rights-of-way, or leases of board property. The board has the authority to dispose of such property by one of the following methods:
(a) Transfer. Transfer to another governmental agency for whatever consideration the board deems to be in its best interest.
(b) Trade. The board has the authority to trade, to a public or private entity or person, land or other real property.
1. The board can trade land or other real property that has been appraised to be at least of equal dollar value.
2. The board can trade land or other real property not of equal value if the board deems the trade to be in its best interest.
3. There shall be no limit on the value of land or other real property that can be traded by the board.
(c) Sale of Property under $100,000. When, in the opinion of the board, the property has an estimated value of less than $100,000, the board has the authority to dispose of the property by either public or private sale for whatever consideration the board deems to be in its best interest.
(d) Sale of Property Equal to or over $100,000. When, in the opinion of the board, the property to be sold has an estimated value equal to or in excess of $100,000, the board shall dispose of the property by public sale. Such sale shall be advertised for a minimum of once a week for three (3) consecutive weeks in a newspaper having general circulation in the district.
1. For property with an estimated value from $100,000 to $500,000, the board shall obtain an appraisal from at least one (1) qualified real estate appraiser to determine a fair market value prior to or concurrent with receiving bids.
2. For property with an estimated value exceeding five hundred thousand dollars ($500,000), the board shall obtain appraisals from at least two (2) qualified real estate appraisers to determine a fair market value prior to or concurrent with receiving bids.
3. The board can sell the property if the bid price is within ten (10) percent of the lowest appraised value.
4. The board shall have the authority to reject any or all bids. If there are no bids, the board can dispose of the property by other approved means.
5. After disposal of any land or real property, funds received shall only be expended on capital outlay projects.
6. When the property is obtained through the use of federal funds or under specified conditions, all prior covenants shall be met.
7. Upon disposal of any land or other real property, the board shall delete the appropriate records from Florida Inventory of School Houses (FISH) files by on-line transactions through the Educational Facilities Information System (EFIS).
8. When surplus property has been determined to be a liability by the board, after obtaining appraisals, advertising the property for public sale, and opening bids, if the highest bid is less than (10) percent of the lowest appraised value, the board can, by extraordinary vote, dispose of the property to the highest bidder.
(e) Lease-Purchase Contracts. A board has the authority to dispose of any land owned by it, through a lease with an option to purchase or a lease-purchase agreement, to any person or entity, as the board determines to be in its best interest. A determination that the land, facility, or educational plant is unnecessary for educational purposes is not a prerequisite for the lease or lease-purchase. The board shall advertise the proposal as required by law and prior to entering into such agreement shall hold a public meeting. A copy of the final agreement shall be available for inspection and review by the public. The intent to enter into a lease with an option to purchase or a lease-purchase agreement shall be published three (3) times in a local newspaper as required by law.
(2)(8) Florida Inventory of School Houses (FISH). Real property owned or acquired under a long-term lease/use agreement (forty [40] or more years) by a school board shall be included in the inventory update as reported to the Department. All satisfactory relocatables owned, leased, lease-purchased, and rented (regardless of the terms and length of rental agreement) by or through a school board shall be included in the inventory.
Section 4.1
Professional Services and Construction Techniques. The board shall consider appropriate design and construction techniques that will deliver facilities in a timely and economical manner. The process by which professional services are obtained by a board, the construction techniques available, and the procedures for delivering projects shall be as authorized in Sections 255.20, 1013.45, and 1013.46, F.S., and as described below. Allowable design and/or construction techniques include, but are not limited to, conventional bidding, systems building, fast-track construction scheduling, construction management, program management, turnkey, use of components, commissioning, partnering, value engineering, and design-build Boards shall provide the Office a brief description of the facilities procurement process for each project over $200,000, prior to implementation. The description shall include the names of the architects and engineers of record for design, the plan review entity, the contractor/construction manager/design-build or program management entity, building inspector, and threshold inspector using the Project Implementation Information form (OEF Form 110A). Upon completion, the board shall provide the Office with a signed Certificate of Occupancy (OEF Form 110B) and a signed Certificate of Final Inspection (OEF Form 209) for all projects over $200,000.
(1) Professional Design Services Required. Boards shall ensure that all projects comply with the appropriate codes.
(a) Professional Responsibility. A registered Architect or Engineer (A/E), whether on staff, under continuing contract, or under a specific project contract, shall be responsible for ensuring that the design and construction of the project are in conformance with the appropriate codes; shall sign and seal the appropriate drawings and the project manual; and shall be the A/E of record. The federal Asbestos Hazard Emergency Response Act (AHERA) of October 22, 1986, requires the architect or engineer of record to sign a statement that no asbestos-containing building materials were specified, or, to the best of his/her knowledge, were used as a building material in the project.
(b) Plan Review. Boards shall adopt policies for plan review that use the services of architects, engineers, or licensed plan reviewers meeting the criteria established in Section 1013.38, F.S.
(c) Exception. Maintenance and repair projects may not require professional services; however, they must be reviewed and approved for compliance with applicable federal and state laws and building and life safety codes, and constructed accordingly. A copy of such approval or review for compliance shall be retained as a permanent record in the board’s office.
1. Maintenance and repair projects include: roof or roofing replacement, short of complete replacement of membrane or structure; repainting of interior or exterior surfaces; resurfacing of floors; repair or replacement of glass; repair of hardware, furniture, equipment, electrical fixtures, and plumbing fixtures; repair or resurfacing of parking lots, roads, and walkways; and the placement and hookup of relocatables.
2. Maintenance and repair projects include upkeep of facilities, but not remodeling, renovation, or new construction of facilities.
(d) Exception: The services of a registered architect shall not be required for minor renovation projects with a construction cost of less than $50,000 or for the placement and hookup of relocatables.
(e) Exception: The services of a registered engineer shall not be required on projects exempted by Section 471.003, F.S.
(2) Day Labor Projects. For any one (1) construction project estimated to cost $200,000 or less, the board can arrange for the work to be accomplished on a day labor basis using employees authorized by a board and defined as follows: a person who receives compensation from, and is under the supervision of, a board that regularly deducts the F.I.C.A. and withholding tax, and provides worker’s compensation, all as prescribed by law. The board can use subcontractors for portions of day labor projects.
(a) Project Costs. Estimated construction project costs shall include the total expenditures by the board for supervision, labor, materials, and supplies necessary to make a complete and usable facility or improvement.
1. Materials purchased shall be bid when their totals are estimated to be in excess of limits stipulated in Section 287.017, F.S., as required by Section 1001.42(10)(j), F.S., and a board’s authorized purchasing limit.
2. Exception. Project costs do not include architectural and engineering planning fees, administrative fees, furnishings, and equipment.
(b) Exception. For renovation and remodeling projects estimated to cost over $200,000, when no bids are received after advertising the project in the manner prescribed by law, the work may then be performed on a day labor basis provided all of the other requirements for projects costing over $200,000 are met.
(3) Negotiated Contracts under Emergency Conditions. The board can negotiate a contract to replace, reconstruct, or make repairs under these emergency conditions:
(a) Natural Disaster or Other Imminent Danger. In an emergency situation such as fire, storm, or other providential cause, other impending danger to life safety, or pursuant to Section 1013.46(1)(b), F.S., the board can declare an emergency, can negotiate a contract with a design-build firm, design professional, or contractor in accordance with Section 255.20(1)(c)1., F.S., and can do so without public notice as authorized by Section 287.055(3), F.S.
(b) Negotiations with Low Bidder. If a bid is received that exceeds the construction budget established at the time of completion of the construction documents, all deductive alternates have been taken, and no additional funds are available, then the board can declare an emergency, stating why it exists, and begin negotiations with the lowest responsible bidder. When the construction documents or the scope of the project is changed, the revised documents shall be reviewed for compliance with applicable federal and state law and the building and life safety codes.
(4) General Contractors, Building Contractors, and Sub-Contractors. All construction on board-owned property, including volunteer or service organization projects, shall be performed by state-certified or licensed general contractors, building contractors, and subcontractors, or locally registered subcontractors where their registration is valid, as required by Chapter 489, F.S. Per Section 255.20, F.S., applying the CPI index from January 1, 1994, to January 1 of the year in which the project is scheduled to begin, construction projects estimated to cost more than $200,000 and electrical projects estimated to cost more than $50,000 shall be competitively awarded.
(a) Exception. Authorized board employees can provide routine maintenance.
(b) Exception. Day labor projects costing less than $200,000 can be constructed using authorized employees of a board and in compliance with Chapter 489, F.S.
(5) Construction Management/Construction Program Management. The board shall assure that CM (Construction Management) and TPM (Total Program Management) projects are in compliance with all applicable federal and state laws and rules, building and life safety codes, the Florida Building Code, the Florida Fire Prevention Code, and SREF, which together constitute the Uniform Building Code. The contract for the construction manager at risk provides for a project with a guaranteed maximum price (GMP) pursuant to Section 1013.45, F.S., or a continuing contract.
(6) Design-Build. Pursuant to Section 1013.45, F.S., a board can use a design-build process for design and construction of educational and ancillary facilities using processes and selection criteria as described in Section 287.055, F.S. Design and construction professionals providing design-build services to the boards shall include design professionals and contractors certified, licensed, or registered to do business in Florida in conformance with Chapter 471, F.S., for engineers; Chapter 481, F.S., for architects; and Chapter 489, F.S., for contractors. The board shall assure that design-build projects are in compliance with applicable state and federal laws and building and life safety codes. Boards shall develop policies and procedures for design-build processes that include, as a minimum, the requirements of Section 287.055, F.S.; the selection of professionals; evaluation of professional services; certification as qualified pursuant to law and regulations of the board; and establishment of criteria, procedures, and standards for evaluation of design-build contract proposals or bids. To select a design-build contractor, a board can use either a qualifications-based selection process, as described in Sections 287.055(3), (4), and (5), F.S., or may use a competitive proposal selection process, which is described in Section 287.055(9)(c), F.S. Design-build contracts shall include a guaranteed maximum price and a guaranteed completion date.
(1)(7) No change.
Section 4.4
Inspectors and Inspections. The board shall ensure that all educational facilities, pre-Kindergarten (pre-K) through grade twelve (12), community colleges, and ancillary plants meet the requirements of law, rule, the Florida Building Code, the Florida Fire Prevention Code, and SREF that provide for enforcement of the life safety, health, sanitation, and other standards. The board is authorized to employ qualified persons to enforce these requirements, to inspect facilities, and to provide for the inspection of its facilities by other certified persons or agencies.
(1) Building Code Compliance Inspectors. Each board shall secure the services of licensed inspectors who shall be familiar with all construction documents and provide periodic inspections of the board’s new construction, remodeling, renovation, relocatable, lease, lease-purchase, maintenance, repair, and day labor projects to determine compliance with the requirements of law, rule, the Florida Building Code, the Florida Fire Prevention Code, and SREF. It is the board’s responsibility to employ and/or discharge inspectors as necessary and to be responsible for their performance. Building code compliance inspectors include: Florida-registered architects, Florida-registered engineers, and/or building code inspectors who have been certified under the process and requirements of Chapter 468, F.S. Local building department inspectors can also inspect facilities for compliance with requirements of the law, rule, code, and SREF if the local building inspector has been certified by the Office.
(2) Threshold Building Inspectors. The board shall require a qualified threshold inspector, who shall be a consulting architect or engineer, the architect or engineer of record, or a board employee, who is certified by the State of Florida, Department of Community Affairs, Board of Building Codes and Standards, to perform structural inspections on threshold buildings as required by Chapter 553, F.S. Threshold buildings are greater than three (3) stories or fifty (50) feet in height, or contain an assembly space that exceeds five thousand (5,000) square feet and has an occupant load of more than five hundred (500) persons.
(3) Architect/Engineer of Record (A/E of Record). The A/E of record shall not perform the inspections or final occupancy inspection on projects he/she designed. The A/E of record may provide verification of compliance with rules, statutes, and codes on non-occupancy projects such as roofing, paving, and replacement of equipment.
(4) Other State or Local Agencies. Other state or local agencies may inspect new construction or existing facilities when required by law; however, such inspections shall be in conformance with SREF and the required codes. The board can authorize local government agency inspectors to inspect new construction or existing educational and ancillary facilities pursuant to Section 1013.371(2), F.S. Any inspection by local inspectors shall be based on applicable federal and state laws, rules, building codes, life safety codes, and SREF. Leased property can be constructed and inspected using the state minimum building and life safety codes as provided in Chapter 553, F.S. Lease-purchase projects shall be constructed and inspected in accordance with the state minimum building code, life safety codes, and SREF. New construction and existing facilities may require additional inspections by other state agencies using rules as authorized by law, which include, but are not limited to, inspections for: elevators, on-site water and sewer, swimming pools, underground fuel storage tanks, work-place safety, kitchens, traffic control and roads, and storm water runoff. Other state agencies having jurisdiction include, but are not limited to, the following:
(a) Department of Children and Families (DCF).
(b) Department of Health (DOH).
(c) Department of Business and Professional Regulation (DBPR).
(d) Department of Environmental Protection (DEP).
(e) Department of Transportation (DOT).
(f) Department of Community Affairs (DCA). Boards shall provide for the inspection of relocatable classrooms during construction in accordance with DCA rules for factory-built school buildings.
(f) Department of Labor and Employment Security (DLES).
(g) Water Management District (WMD).
(5) Fire Safety Inspectors. Fire safety inspectors shall be certified by the State of Florida, Department of Financial Services, Division of State Fire Marshal. The board shall ensure that every building on each site within its jurisdiction, whether owned, leased, or lease-purchased, receives two annual comprehensive fire safety inspections conducted by inspectors in conformance with Section 1013.12, F.S., and that reports include a plan of action and schedule for correction of deficiencies. Inspections are provided by both the Board fire safety inspector and the local fire control district’s fire safety inspector. These reports shall be forwarded to the Division of State Fire Marshal with copies to be kept on file in the board offices. The board shall withdraw a facility from use immediately if life-threatening deficiencies are found.
(1)(6) No change.
(2)(7) No change.
(8) Other Inspections as Required by Code or Law. Provide periodic inspections by certified inspectors of fire alarms, fire sprinklers, fire extinguishers, elevators, bleachers, and other equipment, as required by law, rule, or code.
