Section 8-39-5 - Fees and service charges(a) The rental fees and service charges applicable to the use of school facilities shall be determined by the superintendent of education to recover costs.(b) The fees and charges shall be revised by the superintendent of education when necessary during the odd year of a fiscal biennium based on the following criteria:(1) The rental fees for the use of school facilities shall be calculated on the basis of current average construction costs for classrooms and support facilities or average cost estimates provided by the department of accounting and general services. The daily charge shall be determined by amortizing the cost over forty years and multiplying by a common factor determined by the department.(2) The utility charges shall be assessed according to the type of facility and the number of hours the facility is used. The utility charge shall be calculated by the department based on the actual amount charged by the utility company of the appropriate island. The charge shall cover costs which would not have been incurred if the facility was not utilized.(3) The custodial charges shall be based on the current average negotiated wages at the start of the fiscal biennium.(c) Fees and charges required by this section shall be determined by type of user. (1) Type I user: (A) No rental fee for use of school facilities.(B) The service charge for custodial services if required beyond the school day shall be for a minimum of two hours. The total service charge shall be the current wages multiplied by the number of hours the custodian(s) is on duty.(C) No service charge for the use of utilities.(D) Examples of Type I users: school related activities, school parent-teacher-student organizations, school community based councils, department of education in-service workshops and meetings, all A+ programs, county department of parks and recreation use of facilities per joint-use agreement, primary and general elections including trainingn for election officials, and school directed after school, night, or weekend activities.(2) Type II user: (A) No rental fee for use of school facilities.(B) The service charge for custodial services if required beyond the school day shall be for a minimum of two hours. The total service charge shall be the current wages multiplied by the number of hours the custodian(s) is on duty.(C) A service charge for the cost of utilities shall be assessed.(D) Examples of Type II users: federal, state, and county agencies, nonprofit community organizations, youth athletic teams, private preschool and after school programs endorsed by the department of education, public hearings and meetings, and other educational or recreational activities approved by the school where no fees are assessed or collected.(3) Type III user: (A) A rental fee shall be assessed.(B) The service charge for custodial services when required by the school shall be for a minimum of two hours. The total custodial charge shall be the current wages multiplied by the number of hours the custodian(s) is on duty.(C) A service charge for the cost of utilities shall be assessed.(D) Examples of Type III users: organizations, groups, or individuals who do not belong to Type I or Type II category; churches, private schools, universities, business enterprises, special interest classes, and other individuals, organizations, or activities utilizing school facilities and charging a fee or tuition, or collecting a donation or offering.[Eff. 11/17/84; am and comp JUN 22, 1996] (Auth: HRS § 296-12) (Imp: HRS §§ 296-12, 298-23)