Kentucky Administrative Regulations › Title 702 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION - OFFICE OF DISTRICT SUPPORT SERVICES › Chapter 4 - Facilities Management › Section 702 KAR 4:160 - Capital construction process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A, 156.074, 156.076, 156.496,
				156.670, 157.420(4), 157.450, 157.455, 157.620, 160.160, 160.476, 162.070,
				322.010, 322.360, 323.010, 323.033, 323A.010, 371.405(7), 371.410,
				424.260
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				156.070 requires the Kentucky Board of
				Education to have management and control of the common schools and their
				programs.
				KRS
				156.160 requires the Kentucky Board of
				Education to promulgate administrative regulations establishing standards that
				school districts shall meet in operational performance, including construction
				of public school buildings and the use of uniform forms.
				KRS
				162.060 requires that the chief state school
				officer shall examine or cause to be examined all plans and specifications for
				public school buildings in accordance with administrative regulations
				promulgated by the Kentucky Board of Education.
				KRS
				162.065 requires the Kentucky Board of
				Education to prescribe administrative regulations governing construction
				managers.
				KRS
				322.360 and
				323.033
				require a school district, when engaged in the construction of any public work
				involving architecture or engineering, to utilize an architect or engineer to
				directly supervise the preparation of plans and specifications, estimates, and
				the execution of construction. This administrative regulation establishes the
				procedures and criteria for the construction of public school buildings.
Section 1. Definitions.
(1) "AIA" means the American Institute of
			 Architects.
(2) "Board" means the
			 local board of education.
(3)
			 "Change event" means a contiguous or similar action regarding a change
			 order.
(4) "Construction documents"
			 means the written and graphic documents prepared or assembled for communicating
			 the project design for construction and for administering the construction
			 contract, consisting of bidding requirements, contract forms, contract
			 conditions, contract modifications, addenda, specifications, and
			 drawings.
(5) "Construction
			 manager" or "CM" means a qualified and experienced contracting organization
			 which provides the services of construction management and possesses a general
			 trades workforce, staff and equipment, financial base, insurance coverage,
			 bonding capability, a minimum of three (3) years of construction management
			 experience on projects of $2,000,000 or more, and the ability to provide the
			 services required.
(6) "Contractor"
			 means an individual, corporation, estate, trust, partnership, limited liability
			 company, association, joint venture, or any other legal entity performing
			 construction and having a contract with a board.
(7) "Design professional" means a person
			 licensed in the Commonwealth of Kentucky under KRS Chapter 322, 323, or 323A,
			 which includes architects, engineers, and landscape architects providing
			 services within their respective practice areas.
(8) "Emergency" means a situation which
			 creates a threat or impending threat to public health, welfare, or safety that
			 may arise by reason of fires, floods, tornadoes, other natural or man-caused
			 disasters, epidemics, riots, enemy attack, sabotage, theft, explosion, power
			 failure, energy shortages, transportation emergencies, equipment failures,
			 state or federal legislative mandates, or similar unforeseen events, and which
			 results in the loss of use of the physical facilities.
(9) "Fixed equipment" means furnishings or
			 equipment that are secured to the wall, floor, or ceiling to operate or
			 function in the manner intended by the product manufacturer, such as bleachers,
			 student lockers, casework with sinks, or plumbing fixtures.
(10) "Guaranteed energy savings contract" or
			 "GESC" is defined by
			 KRS
			 45A.345(28).
(11) "KBE" means the Kentucky Board of
			 Education.
(12) "Major renovation"
			 means a project at a permanent center including three (3) or more building
			 systems and an estimated cost of twenty (20) percent of the current replacement
			 cost of the building, or portion thereof, and the building or building systems
			 shall be a minimum of thirty (30) years old or thirty (30) years shall have
			 passed since its last major renovation with the exception of:
(a) The restructuring of an open space school
			 for conventional classrooms; or
(b)
			 The replacement of one (1) of the following single building systems that is
			 within fifteen (15) years of its original installation, or if required by a
			 change in regulation or code:
1. Heating,
			 ventilation, and air conditioning systems and controls;
2. Systems to provide full use of a facility
			 by the physically handicapped and to bring a facility into compliance with
			 state and federal law;
3. Life
			 safety and security systems; or
4.
			 Roofing systems, flashings, and accessories.
(13) "Minor project" means a project for
			 expansion of a permanent center to include a maximum of four (4) classrooms,
			 campus enlargement, renovation of buildings and building systems with a budget
			 of less than $25,000, or construction of support space at permanent centers, or
			 renovation not defined as major renovation.
(14) "Owner" means the local board of
			 education or financing corporation established for the purpose of financing
			 school construction.
(15)
			 "Qualified provider" is defined by
			 KRS
			 45A.345(29).
(16) "Record documents" means a set of
			 reproducible drawings or electronic digital files revised to indicate
			 significant changes in the work during construction, including addenda, change
			 orders, and construction change directives.
(17) "Superintendent" means the
			 superintendent of the local school district or an authorized de-signee of the
			 superintendent selected to represent the board regarding construction
			 issues.