N.H. Admin. Code § Ed 321.21

Current through Register No. 45, November 7, 2024

Section Ed 321.21 - Steps in the Procedure for Approval of School Building Aid

(a) Approval for a school site by the department shall not be given until the requirements in Ed 321.21(b)-(u) are completed.

(b) A letter of intent shall consist of:

(1) Project information on the name, location, contact person, description, anticipated district approval date, estimated total cost, and anticipated commencement and completion dates for the project;

(2) Description of the deficiencies in the existing building; and

(3) A statement to be signed by the superintendent of schools of the district making application which indicates that the school board has reviewed the requirements of RSA 198:15-a, 15-b, and 15-c and Ed 321, and that a copy of Ed 321 has been provided to the lead architect or engineer responsible for design of the project.

(c) The letter of intent shall be received no later than 18 months prior to the beginning of the biennium in which school building aid grants are to be dispersed. If requested, the commissioner shall waive the letter of intent or its submittal deadline pursuant to the waiver provisions under Ed 321.28.

(d) An application for school building aid shall consist of:

(1) School building aid application for each building where eligible construction work is to be accomplished, which shall include the following information from the school district:

a. Project information including the location, contact person, estimated cost of the project, school approval level, project type, and project delivery method;

b. Identification of architect and project manager, if required by RSA 198:15-c;

c. Identification of the total number of students, staff, and student drivers, the design capacity, educational capacity, and utilization rate;

d. A brief description of the project;

e. Description of the project alternatives considered and rational for selecting the alternative chosen;

f. Description of the current and proposed energy use of the facility;

g. A list of the deficiencies and, if applicable, a statement of how the proposed project will correct the deficiencies;

h. A description of the maintenance requirements identified in RSA 198:15-b, I-a;

i. Square footage of the building before and after construction;

j. Anticipated project costs and unit costs;

k. Anticipated funding sources and anticipated amounts from each source; and

l. Amount of district debt, total assessed valuation, and percent debt to valuation;

(2) The school building application shall include the following attachments:

a. A completed and signed "Condition Evaluation Form" dated February 5, 2020;

b. A statement of assurance, signed by the chair of the school board, which indicates that the district intends to maintain and service all installed equipment according to the manufacturer's instructions;

c. A copy of the school or district's 20-year maintenance plan in accordance with RSA 198:15I-a. (l);

d. Minutes of the meeting to put forth the project for voter consideration and funding;

e. Most recent fire and health inspection reports;

f. Copy of completed request for project review from the department of cultural resource, division of historical resources;

g. Acknowledgement that plans shall be submitted to the state fire marshal's office for a plan review prior to construction;

h. Acknowledgement that the applicant shall submit for energy efficiency reimbursement from their regulated utility under RSA 374-F, as required by RSA 198:15-c;

i. Copy of engineering reports, space utilization studies, or other appropriate documents that confirm the need to remediate the existing conditions;

j. Life cycle cost analysis, in accordance with RSA 198:15-bI.(b)(2);

k. Documentation on the selected design capacity;

l. Educational capacity calculations;

m. An aerial view of the existing building(s) with the total square footage and the year of construction labeled for the original building and any additions;

n. Site plan which indicates the boundaries of school owned property to be developed, location of proposed construction, location of wetlands and bodies of water, and location of existing structures;

o. Preliminary architectural drawings including outside elevations, and dimensioned floor plans that are labeled as to the use of each space;

p. Outline of technical specifications;

q. The completion of the data collection survey or the general description of major building systems, including but not limited to heating, ventilation, electrical, plumbing, and fire protection;

r. If the project includes the purchase of land, attach site information such as the total buildable area, descriptions of the restrictions the site might have, the status of any necessary testing and permitting, and the proposed grading plan; and

s. A digital copy of the application and attachments.

(e) To be considered for building aid in the following biennium, complete applications shall be filed with the department no later than July 1 of the year prior to the biennium in which school building aid grants are to be dispersed in accordance with RSA 198:15-c.

(f) The department shall notify the applicant within 30 days of receipt of an application that either:

(1) The application is complete and approved for project ranking; or

(2) The application is incomplete and is not approved for project ranking.

(g) The department shall award a score to each application using the "Condition Evaluation Form" dated February 5, 2020. The department shall conduct a site visit to the location of each application subject to the availability of time and funds for making such visits. The department shall present the applications including the completed condition evaluation to the school building authority.

(h) Projects shall be scored according to the following criteria.

(1) Correcting unsafe conditions, 250 points possible;

(2) Updating obsolete, inefficient, and unsuitable facilities, including correcting deficiencies with the Americans with Disabilities Act, 100 points possible;

(3) Correcting overcrowding conditions and addressing increased enrollment projections, 50 points possible;

(4) Having an active maintenance program that tracks scheduled and unscheduled repairs, upkeep, minor alterations, enhancements to buildings, and preventive maintenance necessary to achieve the design life expectancy of building systems and components, 125 points possible;

(5) Percent of student enrollment eligible for free or reduced cost meals, 200 points possible;

(6) Adding and integrating school security systems, 100 points possible;

(7) Contributing to operational cost efficiencies, consolidation, or reduced property taxes, 50 points possible;

(8) Designing a high performance facility that provides an environment that is energy and recourse efficient, 100 points possible; and

(9) Preserving historical elements of the facility, as requested by the New Hampshire department of natural and cultural resources, division of historical resources, 25 points possible.

(i) Projects shall be ranked in descending order with the project receiving the highest score ranked first with the following exceptions:

(1) No application which receives at least half of the possible points for unsafe conditions in (h)(1) above shall be ranked below any application that receives fewer than half of the possible points for unsafe conditions;

(2) Except as allowed by (i)(1) above an application that was on the prioritized list in the previous biennium and approved by the district's legislative body, but did not receive a grant due to insufficient funds in the previous biennium, shall be ranked ahead of any application that was not on the list in the previous biennium; and

(3) In the event that 2 or more applications receive the same number of points, they shall be ranked according to the number of points scored in the unsafe conditions category. If a tie score remains after ranking for unsafe conditions, the school building authority shall determine the ranking of those applications.

(j) Points for unsafe conditions shall be awarded only for conditions caused by normal wear and tear, code changes since construction of the building, or a natural event. Conditions that result from insufficient maintenance or neglect as described in Ed 321.25(g) or Ed 321.25(h) shall not be considered for points.

(k) In accordance with RSA 198:15-cII(a), by December 1 of each year prior to the biennium in which school building aid grants are to be dispersed, the school building authority shall verify the ranking submitted by the commissioner and submit a list in descending rank order to the state board of education for approval. If the submitted list differs from the preliminary ranking from the department of education, the school building authority shall justify the new ranking list using the same criteria identified in (h) and (i) above.

(l) The prioritized list of applications shall be approved by majority vote of the school building authority.

(m) In accordance with RSA 198:15-c, II.(a), the state board shall approve and publish the descending rank ordered list of applications by January 15 of the year prior to the biennium in which school building aid grants are to be dispersed. If the state board determines that the school building authority or the department failed to comply with the requirements of Ed 321 or RSA 198:15-c in developing the prioritized list, the list shall be returned for appropriate corrective actions.

(n) School districts and charter schools shall have 15 business days following the publication of the prioritized list of applications to appeal the prioritization of their applications. Appeals shall be submitted in writing to the state board and signed by the chair of the local school board or chair of the board of directors of a charter school.

(o) Final drawings and technical specifications shall be provided to the department for review and approval as soon as they become available.

(p) The department shall approve final drawings and technical specifications upon receiving the following information:

(1) Drawings and technical specifications signed and stamped by individuals licensed in the appropriate disciplines to practice architecture or engineering in the state of New Hampshire;

(2) A signed letter of certification provided by the designers indicating that the design meets the state building code under RSA 155-A, the code for energy conservation in new building construction under RSA 155-D, the New Hampshire code for barrier-free design under Abfd 300, the requirements of Ed 321, and that no asbestos containing materials have been specified; and

(3) Certification that reference any properly approved code or permit variances or waivers.

(q) Certification that the design meets the state energy code shall be provided to the public utilities commission as required by Puc 1803.03.

(r) The department shall provide review comments in writing. Corrections shall be made if the review comments indicate that the design fails to meet one or more state requirements. Documentation of the corrections shall be provided to the department.

(s) Drawings and specifications shall be provided to the office of the state fire marshal. A letter of approval by the state fire marshal shall be issued and distributed upon the fire marshal's approval of drawings and specifications. A copy of the letter of approval shall be provided to the department.

(t) If the project involves construction or extensive renovations of food service facilities, drawings and specifications shall be reviewed and approved by the bureau of food protection in the department of health and human services as required by He-P 2304. A copy of the letter of approval shall be provided to the department.

(u) If the project includes a well or septic system, approval shall be obtained from the department of environmental services as required by RSA 485 and Env-Dws 406 and RSA 485-A and Env-Wq 1000, respectively. A copy of the approval(s) shall be provided by the applicant to the department.

(v) If the project includes an addition to a building using an existing well or septic system, but does not expand the capacity of the system, certification that the existing system is adequate shall be provided by an individual properly licensed in New Hampshire to give such certification.

(w) Upon receipt and approval of all required documents, the department shall approve a project for a school building aid grant and disburse funds to a school district or charter school as described in Ed 321.22.

(x) Following completion of all construction work and final actual costs have been determined, the school district or charter school shall submit a request for final payment with the following information:

(1) Project information including the name of the project, contact person, the contracted date for project completion, and overall cost of the project;

(2) Final space information;

(3) Actual project costs;

(4) Final unit costs;

(5) Actual project funding sources and documentation of each source;

(6) Explanation of all deviations from the approved design and cost;

(7) A summary of invoices with date of invoice, vendor, description of item, amount of invoice, and category of item type such as a site acquisition or development cost, a construction cost, a planning and design cost, or a furniture, fixtures and equipment cost;

(8) A signed statement from the school administrator, the person in charge of finances, and school board members or board of trustees, that the project is complete, the summary of invoices submitted are accurate, and that the project was built in accordance with all applicable building aid rules and law to the best of their knowledge;

(9) Other information on code compliance, income sources, and required approval from other state agencies, not previously submitted; and

(10) A digital copy of the information in (1) through (9) above.

(y) After review and verification of the information submitted in Ed 321.21(z), the department shall issue a project completion letter stating that all necessary requirements have been met and that all payments are final.

N.H. Admin. Code § Ed 321.21

#8265, eff 1-22-05; amd by #8631, eff 5-19-06; ss by #10363, eff 6-15-13

Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13054, Effective 6/12/2020, Expires 6/12/2030.