200 R.I. Code R. 200-RICR-20-05-4.9

Current through December 3, 2024

Section 200-RICR-20-05-4.9 - Application and Approval Procedures

4.9.1 Necessity of Construction Overview

A. The process and requirements of the revised Necessity of Construction approval process allow the Council to:

1. better project and allocate school housing aid;

2. give school Districts adequate planning time prior to a final bond-approval commitment; and

3. provide greater accountability over individual school District project costs and content through a structured review process.

B. The Necessity of School Construction approval process is a two-stage process as outlined below. Stage 1 of the process requires Districts to include a statement of interest, project justification, facilities analysis, District asset protection plan, capital improvement plan, and community demographics. Upon the preliminary determination by RIDE that the project meets the criteria for the Stage 1 of the necessity of school construction process, the application proceeds to Stage 2. Stage 2 of the process requires Districts to complete a feasibility study, cost projections, design plans, and site work.

4.9.2 Necessity of School Construction - Stage 1

A. The project approval process begins with informing RIDE of the District's intent to modernize, modernize and build an addition, or construct a new school building. The intent is confirmed once the Necessity of School Construction Application packet has been completed by the District, submitted to RIDE, and accepted by RIDE in writing. The Stage 1 Necessity of School Construction Application shall include the following:

1. Statement of Interest/Project Justification

a. Districts must submit a letter from the School Committee to RIDE signed by the Superintendent, School Committee Chair, and a representative of the municipality in which the District is located (Town Council, Mayor, etc.) indicating the intent of the District to request school housing aid funds and clearly justifying why the proposed project is necessary.

b. When submitting a Statement of Interest, the District must clearly demonstrate why the project is deemed necessary to the District's educational mission and the building deficiencies that this project will remediate such as: not meeting student enrollment needs, class size above appropriate limits, reduced ability or inability to offer ancillary services, and/or learning environments and classroom sizes that are inadequate for student learning or student programs.

c. The District must indicate whether the building will be a major renovation of a current building, a major renovation with an addition, or construction of a new building. In the case of new construction, the District must clearly demonstrate why new construction is necessary as opposed to renovating existing facilities. With renovation projects, the Facility Analysis must clearly indicate that the condition of the affected facility is poor. The application, through the Facility Analysis, should note the reason for the renovations, such as the need to rectify building code compliance issues, safety and/or health concerns, or security issues. When renovations to or closing of an historic building are proposed, the justification should identify historic tax credits or other potential costs if the building were put to commercial use.

d. The District must indicate how the current condition of existing facilities has been addressed through the Asset Protection plan below and link this information to the need for new construction or a major renovation project.

e. If the District is applying for High Performance Green School Status and the additional two to four percent ( 2-4 %) reimbursement for energy efficiency pursuant to §4.13.2 of this Part, this must be stated in the Necessity of Construction Application.

2. School Building Committee members

a. The District must submit names and backgrounds of the members of the school building committee that shall be formed in accordance with the provisions of the District's local charter and/or by-laws.

b. The school building committee must, at a minimum consist of eight (8) people, including the superintendent of schools, at least one member of the school committee, the local official responsible for building maintenance, a representative of the office or body authorized by law to construct school buildings in the municipality, the school principal from the subject school, a member who has knowledge of the educational mission and function of the facility, a local budget official or member of the local finance committee, and at least one member of the community with architectural, engineering and/or construction experience to provide input relative to the effect of the project on the community and to examine building design and construction plans for reasonableness.

3. District Asset Protection Plan

a. The District must submit the District's Asset Protection Plans for the three (3) years prior to the Application documenting spending on preventive maintenance, renovation, and adaptation of the building to be modernized or replaced with notes explaining actions taken by the District to ensure protection of its physical assets. Particular attention must be given to projects receiving Housing Aid reimbursement in previous years.

b. A review of a District's past investment in maintenance and ongoing maintenance activities will indicate to the Council whether the District has effectively maintained existing buildings in accordance with its asset protection plans, such that approval of the proposed project by the Council is justified.

4. Capital Improvement Plan

a. The District must submit the municipality or District's most recently submitted Capital Improvement Plan showing how the proposed building modernization or construction project has been anticipated in District planning or a written explanation of the reason that the project has been moved up in the planning sequence or added to the Plan.

b. If the District does not have a current five-year Capital Improvement Plan on file with RIDE, the District must complete and submit such Plan. Districts submitting new plans or amendments to existing plans will be notified in writing if the Commissioner of Education accepted the plan prior to Stage 2 of the approval process

5. Facility Analysis of Existing Buildings

a. A facility analysis must be submitted. The Facility Analysis should list any deficiencies in the District's existing buildings. The Facility Analysis must be conducted by a licensed engineer and must include:

(1) Inspection and analysis of the building envelope (roof, walls, glazing, foundation, floor/slab)

(2) Inspection and analysis of the structural elements of the facility

(3) Inspection and analysis of all mechanical systems, including condition, age, energy efficiency, levels of ventilation, and compliance with American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) standards

(4) Inspection and analysis of the lighting system, including condition, age, energy efficiency and lighting levels

(5) Inspection and analysis of all controls including lighting controls and sensors, energy management systems, emergency shutoffs

(6) Inspection and analysis of all fire, safety and security systems including emergency plans

(7) Analysis of the energy use (electric and heating and/or cooling) of the facility for at least the last two years, a survey of the facility systems, and recommendations for improving energy efficiency. The use of Energy Star Portfolio Manager or ComCheck software systems to benchmark the facility against other buildings or the Rhode Island Building Energy Code is highly encouraged.

6. District and Community Demographics

a. Districts must submit enrollment projections for the next five years for each grade with a brief analysis (increases/decreases from year to year shown in actual numbers or percents) of how the data supports the need for the project. When possible, local enrollment projections should be supported by those from an outside source, such as RIDE or the New England School Development Council (NESDEC).

b. The District must submit community data including actual and projected population, housing statistics, birth rates, or immigration estimates, and an analysis of how the data supports the need for the project.

7. Cross Districting

a. Districts must provide an analysis for the potential economic and non-economic impact of cross-Districting, which shall demonstrate that the District has considered District boundaries, other existing facilities, and population trends in determining the need and site of proposed projects.

8. Approval of Funding for Architectural Feasibility Study

a. The District must submit an agreement to fund an Architectural Feasibility Study, to include initial energy modeling of energy efficiency or renewable energy technologies, signed by the school District authority or municipal authority. No application will be considered unless there has been an approval by the authority that authorizes funding of an Architectural Feasibility Study.

b. The Stage 1 application is reviewed by RIDE and either approved, returned to the District for further information, or disapproved.

c. Plan Review options:

(1) Approval: RIDE approves the Application and schedules and conducts a conference with the School Building Committee and RIDE at which questions about the Application may be asked and answered and the school construction regulations and feasibility study requirements are discussed. If a project is approved, a written timeline will be established for how the project will proceed.

(2) Further information needed: RIDE returns the Application with requests to provide timely answers to questions, clarification of prescribed issues or request supplemental information. This step may also include a Plan Review where the concerns are addressed at the scheduled conference.

(3) Disapproval: RIDE returns the Application and notes the reasons for disapproval. The District may request a meeting with RIDE to review the Application and the decision.

d. Once RIDE has approved the Stage 1 Necessity Application, the District has one year in which to complete Stage 2 of the application. This is the critical step in project design since Stage 2 will include the projected total cost of construction of the project as well as the rationale for the project to be presented to voters, if a bond issue is required. If Districts do not submit Stage 2 within one year of the preliminary approval, the approval will expire and Districts will have to start at Stage 1 again.

4.9.3Necessity of School Construction: Stage 2

A. The following Stage 2 Necessity of School Construction items are submitted within one year of the preliminary approval and must include the following:

1. Architectural Feasibility Study

a. The Architectural Feasibility Study must include the following items:

(1) Design and Educational Program as defined in § 4.3 of this Part.

(2) The site selected in the case of new construction along with a comparison of the costs and feasibility of modernization/addition and new construction.

(3) Cost comparison between this project and other alternatives reviewed. If the project involves new construction, the cost analysis must show clearly and fully that the proposed new construction is the best available alternative to meet the projected need based upon educational programs to be housed, total cost effectiveness (including life cycle cost analysis using twenty years as the lifetime), and the public interest. A consideration of indirect costs associated with the project, such as new sewers, roads, transportation or utilities, must be included. If there are surplus buildings, include benefits or costs to the public, such as re- sale value or demolition costs. If the project includes the renovation of an existing building, the Facility Analysis must clearly demonstrate that the building is structurally sound or can be made so reasonably.

(4) Documentation of compliance with Site Standards as referenced in these Regulations and NE-CHPS.

(5) Consideration of school District or school facility consolidation pursuant to §4.6.4 of this Part.

(6) Analysis of historic implications and comments from the RI Historical Preservation and Heritage Commission, if applicable.

(7) Traffic/Transportation Impact Plan pursuant to Section §4.6.7 of this Part.

(8) Preliminary energy analysis or modeling pursuant to NE-CHPS.

(9) Feasibility of using renewable energy technologies pursuant to NE-CHPS.

2. Architect's Design Plans

a. Districts must submit three sets of architect's schematic design plans to RIDE for Plan Review.

3. Design and Construction Cost Projection

a. Cost projections must consider the effects of initial capital costs versus maintenance costs over the life of the building with the goal of reducing operation and maintenance costs. Districts must demonstrate the incorporation of life cycle cost analysis in the selection of mechanical systems, equipment, and materials.

b. The projection shall include a detailed breakdown of the costs associated with this project. This cost analysis should include not only the estimated costs of construction escalated for inflation at the anticipated bid date but also the project management and design fees. Refer to § 4.8 of this Part. Project management and design fees as a percentage of total construction costs shall not exceed twenty percent (20%) of the general construction costs, as determined by RIDE.

c. Basic architectural services shall consist of the following phases, schematic design, design development, construction documents, bidding, and construction administration and include the following: architectural drawings, mechanical, electrical, plumbing, fire protection, structural, site development, basic environmental permitting, graphics, lighting design, acoustics, data and communication, educational consultants, any specialty consultants for laboratory, library/media center and kitchen space, code consultants, accessibility, and other services established by RIDE. Additional architectural services may include: geotechnical consultants, asbestos consulting, wetlands flagging, and other additional services as determined by RIDE.

d. Cost projections must be broken down between new space (i.e. addition) and space improvements (i.e. renovation). If a District is building an addition onto a school as well as conducting major renovations, the soft costs shall be pro rated between the two aspects of the project. By separating the costs, RIDE is able to compare the cost of the new construction versus renovation. RIDE provides cost guidelines as prescribed in § 4.8 of this Part. The cost comparison should also include an evaluation of the potential for the use of historic tax credits for historic buildings that are being reused or surplused.

4. Financing plan

a. Districts must consider the impact on the operating budget of implementing the project in such detail and format as required by the Council, including but not limited to, an estimate of the costs of additional maintenance required of the District, the costs of additional instructional or support staff, additional utility costs, the costs of additional transportation, if any, and the estimated revenue, if any, from the sale or lease of any school facility decommissioned as a result of implementing the project.

5. Site Purchase Plan (if required)

a. Districts must detail information about the location, cost, and acquisition plan for any new site. The site must meet all site standards included in these regulations. The District has sole responsibility for identifying and acquiring control of the site.

6. Local Support, Approval by the Council, and Memorandum of Agreement

a. Districts must submit documentation of community support for the project, including City/Town Council and School Committee approvals. Please include a timeline for when the project will be submitted to voters for approval, if applicable.

b. Upon receipt of the Stage 2 Application, RIDE conducts a project feasibility review followed by a Plan Review meeting with the school building committee, design team, commissioning agent and other applicable parties. After the Plan Review, if the application has received preliminary approval by RIDE, the project will be sent to the Council for final approval. If the project is approved, a Memorandum of Agreement will be entered into with the District that sets forth the dollar authorization for the project (budget agreement), the scope of the project, and any contingencies that the District must comply with. Districts will be required to agree to any contingencies noted in the Memorandum of Agreement. A standing contingency is that Districts will be expected to warn and conduct the vote for public approval for funding within six (6) months of the Council approval. If the voters do not approve the project within that time frame, the approval will expire and Districts will have to start at Stage 1 again. The District will submit a signed copy of the Memorandum of Agreement to RIDE within ten (10) days of receipt. The Superintendent, or other chief administrative officer of the District, as well as all members of the School Committee must sign the agreement.

c. Finally, there will be ongoing design document review and approval process by RIDE that occurs, at a minimum, at the following three stages of project implementation;

(1) Completion of Schematic Design

(2) Completion of Design Development

(3) Sixty Percent (60%) completion of Construction documents

200 R.I. Code R. 200-RICR-20-05-4.9