605 CMR, § 6.02

Current through Register 1536, December 6, 2024
Section 6.02 - Definitions

Acquisition of Real Property. Obtaining by gift, purchase, devise, grant, eminent domain, or otherwise; land, buildings, appurtenant structures and fixtures attached to buildings or land, including where applicable, all interests in real property, whether created by title, easement or other legal interest.

Addition, Expansion or Extension. Work which will result in an increase in the overall external dimensions of a public library facility.

Alteration. Work required to modify or adjust the interior space arrangement or other physical characteristics of an existing public library facility so that it may be more effectively utilized for its present designated functional purpose.

Applicant. The municipal entity (city or town) having financial authority to enter into a grant contract with the Board for the planning and design phase. An exception to this is made if a library corporation has been designated and empowered by prior legislative action to conduct capital projects, in which case the corporation is the Applicant. In order to be eligible, the Applicant must have an approved strategic plan for library services on file with the Board prior to filing a Letter of Intent for the program. The Applicant must have met the requirements and be certified by the Board to receive State Aid to Public Libraries under M.G.L. c. 78, § 19A and 19B at the time of the Letter of Intent and maintain that certification throughout the application round. To be eligible to receive grant funds, the Applicant must be certified at the time of the grant award and remain certified until project completion and final payment.

Application Round. The period in which grant application materials are available to prospective Applicants, completed applications are reviewed, provisional award requirements are fulfilled, and grants are awarded or projects are placed on the Waiting List.

Approved Capital Equipment. Building components which include the mechanical, electrical, plumbing (MEP), and elevator equipment, including piping, wiring, fixtures, and other accessories, which provide sanitation, lighting, heating, ventilation, fire fighting, and transportation facilities essential for the occupancy of the building or structure. This may include wiring and equipment for the telecommunications infrastructure, but not end user telecommunications equipment. This may include special storage units, service desks, and similar items fastened to the walls or floors that are specifically included in the general building contract and specifications. This may also include cantilevered metal shelving with metal end panels, mobile shelving, and unfixed or mobile service desks, and other components as determined by the Board, that may be bid separately from the general construction contract. Final approval of capital equipment as an eligible cost is determined by the Board. See 605 CMR 6.02: Eligible Costs.

Approved Public Library Project. An undertaking for the planning, alteration, construction, demolition, reconstruction, renovation, addition, expansion, extension, or rehabilitation of a public library facility as approved by a majority vote of the town at a town meeting or by a majority vote of a city council, with the approval of the mayor, in the case of a city or in a municipality having a town council form of government, by vote of the town council.

Approved Site. The site as approved by the municipality and accepted by the Board during the planning and design phase of a project. The approved site is the only site that may be used in the building project; it may be changed only with prior approval by the Board and only as the result of circumstances entirely unforeseen and beyond the control of the Applicant or Grantee. The site for a library building project must be specified prior to commencement of MPLCP-funded design work with a stamped site plan prepared by an architect registered in Massachusetts and must be delineated by a stamped survey performed within the preceding 15 years by a land surveyor licensed in Massachusetts. The site must include adequate space for parking, grading, utilities, and the library building, including any necessary space for future expansion. Before acceptance by the Board, any site on municipal or school owned land must include documented and official approval defining the site and agreeing that it is to be used for the library for the duration of at least 30 years. If the project is planned on land not owned by the library or the municipality, the Applicant or Grantee must have a signed Purchase and Sale Agreement or a lease of not less than 99 years at the time of acceptance by the Board. See 605 CMR 6.02: Title.

As-built Drawings. The revised set of stamped architectural drawings submitted by a contractor upon completion of a project that reflect all deviations from the original drawings during the construction process. These show the exact dimensions, geometry, and location of all elements of the work completed under the contract and serve as a record of differences between the original design as submitted and approved and the completed structure.

Board. The Massachusetts Board of Library Commissioners. See 605 CMR 6.02: MBLC.

Building Condition Assessment. See 605 CMR 6.02: Condition Assessment.

Building Efficiency. A means of determining the efficiency of the design of a library building based on the ratio of assignable (or net usable) area to gross area. Assignable area is the sum of all areas (measured in square feet) on all floors of a building assignable to or useful for library functions or purposes, including space for books and materials, public seating, service desks, offices, and meeting rooms. Gross area is the sum, in square feet, of all floor areas included within the outside faces of the exterior walls for all levels that have floor surfaces. This includes stairwells, elevator shafts, rest rooms, mechanical rooms, and entryways. Projects funded by the MPLCP must meet or exceed an efficiency rating of 65%. This rating must be determined using either AIA Document D101: Methods of Calculating Areas and Volumes of Buildings or ANSI/BOMA Z65.1: Standard Method for Measuring Floor Area in Office Buildings.

Building Program. A written document that provides information about library space requirements that must be met in an architectural design in order to make facility improvements to serve the library and information needs of the community. With the exception of Applicants for a Small Population Public Library Project, it is prepared before application to the MPLCP. It is completed either by the library staff and/or the board of trustees or by a library building consultant in cooperation with them. This program must be prepared by the library independently of, and in advance of the appointment of the architect who will prepare designs or studies during the planning and design phase of a project. The elements to be contained in the program are listed in 605 CMR 6.06(6)(c)(1). See 605 CMR 6.02: Small Population Public Library Project.

Catastrophic Loss. An emergency situation created when an existing library is rendered permanently unusable. Loss cannot be the result of deferred maintenance or negligence.

Catastrophic Loss of Library Project. A project made necessary by a catastrophic loss. The project is to remediate the loss of an existing library building that has been assessed to be harmful to the life, health, or safety and the environment based on local, state and federal life and safety codes and has been documented to be permanently unusable. Loss cannot be the result of deferred maintenance or negligence.

Certification of Funds. Certified copies of Town Meeting appropriation votes, City or Town Council appropriation votes, popular ballot votes authorizing required debt exclusions or approving referenda, proof of trust funds, donations in hand, and/or legally binding pledges for the project. For the planning and design phase, local funds must be sufficient to cover the estimated eligible cost for that phase at the time that the Applicant accepts the award. For the construction phase, local funds must be sufficient to cover the estimated total project cost, as determined by the MPLCP Level of Design estimate, at the time that the Grantee accepts the award. State funds cannot exceed 75% of the actual eligible cost. See 605 CMR 6.02: Eligible Costs.

Certification of Project. After notification of a provisional construction award and within the fiscal year of the Board's vote or other deadline as determined by the Board, the Grantee must certify that sufficient funds are available to cover the total project cost of the project as approved by the Board and that the construction start date will take place within six months of the date of acceptance by Board staff of final construction documents. See 605 CMR 6.02: Construction Start Date, Final Construction Documents.

Commissioning. A quality assurance program intended to demonstrate that a building is constructed well and performs as designed. The commissioning agent is responsible for coordinating and carrying out the commissioning process and should be brought on during the design phase. The commissioning agent shall be an independent party, not affiliated or associated with the owner's project manager, designer, contractor, any subcontractors, or CM at Risk, to provide commissioning services with the intent of achieving, verifying, and documenting the performance of building systems in accordance with the design intent and the functional and operational needs of the library.

Condition Assessment. A written report completed by a building sciences firm, a registered engineer, or a registered architect regarding the physical condition of an existing facility's building, site, and grounds as well as future financial risk or liability issues. Elements are evaluated for condition, completion, code compliance, life-cycle costs, appropriateness for intended use, and any issues compromising the structure or systems.

Construction. New construction, alteration, renovation, rehabilitation, or other activity that is intended to result in a significant increase in the internal usable space of a free public library.

Construction Phase. The phase of a Public Library Project that begins after successful completion of the planning and design phase and a contract is executed between the municipality and the MBLC for construction funding.

Construction Project. See 605 CMR 6.02: Public Library Project.

Construction Start Date. The signing date of a construction contract between the Grantee and the general contractor. The construction start date must take place by the final day of the fiscal year after Board staff approves final construction documents.

Continuous Use. The ongoing operation of a library facility that is open to the public and provides basic library services as defined in 605 CMR 4.00: Free Public Library Service. In the event that a library facility constructed or renovated with Massachusetts Public Library Construction Program funds is not kept in continuous use as a free public library for 30 years, the city or town must return the amount of the grant award plus interest to the Board of Library Commissioners within 60 days of the date the library building falls out of compliance. The 30 year period begins on the date that the building's final Certificate of Occupancy is issued and survives in the contract after the last grant payment is made.

Deferred Maintenance. Neglect and postponement of repair and upkeep that contribute to or are a cause of building, systems, or equipment failure.

Demolition. The act or process of tearing down or razing an existing structure or portions of the structure so that the site may be used for an approved public library project.

Design. Plans prepared by an engineering or architectural firm for the design or modification of a facility. Design must include, but are not limited to: drawings, specifications, and other necessary project design documentation.

Designer Selection. The state law required designer selection process for public building projects that meet certain cost criteria according to M.G.L. c. 7C, §§ 44 through 58. The law applies to design service contracts for any building construction, renovation, reconstruction, alteration, remodeling, or repair work. Design services include the following services in connection with a public building project: preparation of studies, surveys, soil tests, cost estimates and programs; preparation of drawings and specifications; supervision or administration of a construction contract; and construction management and scheduling. An official letter on municipal letterhead from the Grantee confirming compliance with designer selection law must be submitted before design work commences.

Director. The Director of the Massachusetts Board of Library Commissioners.

Efficiency. See 605 CMR 6.02: Building Efficiency.

Eligible Costs. Those project costs or proportional costs that are eligible for MPLCP grant funding. For the planning and design phase, eligible costs include planning and/or design services incurred after the date of the grant award. For Small Population Public Library Projects, eligible costs include costs for preparing a library building program and a condition assessment as well as planning and/or design services incurred after the date of the grant award. For the construction phase, eligible costs are those project costs or proportional costs directly related to implementing interior and exterior construction of an eligible project, including: acquisition of real property, including purchases within three years prior to the application due date; planning costs; design services; demolition; site preparation; construction; and approved capital equipment of an approved public library project. Where publicly or privately owned real property is to be donated to a project, only so much land as is necessary to provide an adequate library site, up to a maximum of $1,000,000, may be considered in the calculation of eligible costs, and the value of such land must be documented. Ineligible expenses include but are not limited to costs related to fundraising, municipal bonding, attorney fees and legal proceedings, moving, temporary quarters, furnishings, computers and other equipment, and costs related to any aspect of the exterior grounds or site of the free public library structure including landscaping, walkways, and parking lots, except exterior handicapped ramps. See 605 CMR 6.02: Small Population Public Library Project.

Eligible Project. A project for design, demolition, new construction, renovation, or reconstruction which for purposes of 605 CMR 6.00 refers to the legislative definitions of Alteration, Renovation, Preservation, Rehabilitation, and Addition, Expansion, or Extension of a building or other structure used or to be used as a free public library as detailed in the contract documents.

Equalized Valuations (EQV). The determination made by the state of the full and fair cash value of all property in the Commonwealth that is subject to local taxation. The Commissioner of Revenue, in accordance with M.G.L. c. 58, § 10C, is charged with the responsibility of biennially determining an equalized valuation for each town and city in the Commonwealth. EQV may be considered in calculating a need factor. See605 CMR 6.07(5)(a).

Feasibility Study. See 605 CMR 6.02: DefinitionsMaster Plan and Study.

Facility Condition Assessment. See 605 CMR 6.02: Condition Assessment.

Final Construction Documents. Architectural and engineering plans and specifications which form the basis for construction bids and set forth in detail the requirements for the construction of the project. These must be based on the approved design development documents and any further adjustments in the scope or quality of the project or in the authorized construction budget. They must bear the seal of a design professional registered to practice in Massachusetts.

Fixed Capital Equipment. Building components which include the mechanical, electrical and elevator equipment, including piping, wiring, fixtures and other accessories, which provide sanitation, lighting, heating, ventilation, fire-fighting and transportation facilities essential for the occupancy of the building or structure. This may include wiring and equipment for the telecommunications infrastructure, but not end-user telecommunications equipment. This may include special storage units, service desks, and similar items fastened to the walls or floors that are specifically included in the general building contract and specifications. This may also include cantilevered metal shelving, with metal end panels that may be bid separately from the general construction contract.

Free Public Library. Any library that provides general library services without charge to residents of the Commonwealth. The Applicant must be certified by the Massachusetts Board of Library Commissioners as providing free public library service under 605 CMR 4.00: Free Public Library Service.

Geotechnical Report. A scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local geology and processes.

Grantee. An Applicant that has been accepted into the planning and design phase of the program after the independent review process. The Grantee must have met the requirements and be certified by the Board to receive State Aid to Public Libraries under M.G.L. c. 78, § 19A and 19B at the time of the grant award and remain certified until project completion and final payment.

Green Design. See 605 CMR 6.02: Sustainable and Resilient Design.

Green Library Incentive. An incentive offered to recipients of construction grant funds, intended to offset the costs associated with achieving LEED certification. See 605 CMR 6.02: Definitions LEED.

Guidelines. See 605 CMR 6.02: Standards and Guidelines.

Incentive. A separate award meant to motivate Grantees to pursue specific goals as outlined in the Program Notice for the grant round. This incentive is calculated as a percentage of the total provisional award and offered to Grantees that meet the requirements as detailed in the Program Notice. Each Grantee is eligible to apply for only one incentive per project. In no case can a grant award exceed 75% of eligible project costs, including additional incentives and need factor increases.

International Living Future Institute (IFLI). An environmental non-governmental organization that promotes sustainability in building design, construction, and operation and that administers the Zero Energy certification program.

Joint Public Library. An undertaking by two or more cities or towns to provide public library service to all citizens of both municipalities within a single building. At least one of the municipalities must be an eligible Applicant as defined in 605 CMR 6.02: Applicant. See 605 CMR 6.02: Shared Building.

Large Library Tier. A public library project with gross square footage of 30,000 square feet and above as determined in the building program.

LEED Gold and Platinum Status. The top two levels of the Leadership in Energy and Environmental Design (LEED) green building rating system, developed by the U.S. Green Building Council (USGBC), which provides standards for environmentally sustainable design, construction, and operation of buildings. This certification may be considered as a requirement for an optional incentive award. See 605 CMR 6.02: U.S. Green Building Council and 605 CMR 6.07(5)(b).

Letter of Intent. The form, and any attachments, that a library is required to file in order to initiate the grant application process. Letter of Intent details and instructions are included in the Program Notice for the grant round.

Library Building Program. See 605 CMR 6.02: Building Program.

Local Financial Commitment. The financial commitment required of the eligible Applicant/Grantee to the approved public library project for which the grant is being made. The local financial commitment is determined by the grant funding formula published in the Program Notice for the grant round and must be no less than 25% of the project's eligible costs in each phase. The following will be considered eligible in calculating local financial commitments: municipal appropriation; donations in hand or with a binding commitment; trust monies allocated to the project; monies held in a separate account; real property acquisition; and the value of publicly or privately owned land donated to the project within three years prior to the application due date up to a documented value of $1,000,000 as set forth in 605 CMR 6.02: Certification of Funds, Eligible Costs.

Long-range Plan. A planning document that includes a library's mission statement, needs statement, multi-year goals and objectives, an annual action plan with measurable objectives, a brief description of the planning methodology and an indication that it has been approved by the library's governing board. A current long-range plan, with annual updates as required, must be on file with the Board.

Maintenance. The act or process of maintaining and repairing a facility in order to keep it in appropriate operating condition and in compliance with all relevant codes.

Management Plan. A written preliminary document that addresses management concerns for the operation of a shared building, a joint library facility project, or a project that involves joint ownership between a library association/corporation and a municipality. It must be approved by authorized representatives of all entities participating in the operation of the facility, including town or city officials. The plan is to be used as the basis for a formal agreement among these parties that addresses legal ownership as well as roles and responsibilities for all matters pertaining to the facility. These matters include but are not limited to: space allocation; use of common areas; funding and payment arrangements; facility management and day to day supervision; resolution of conflicts; and the dissolution or early termination of the agreement and subsequent disposition of the facility.

Master Plan. A study, description, or design of an approved public library project which is intended to ensure that various components of an approved public library project are compatible with each other, and that the approved public library project as a whole is compatible with its surroundings. See 605 CMR 6.02: Study.

Medium Library Tier. A library project with gross square footage between 15,000 and 29,999 square feet as determined in the building program.

MBLC. The Massachusetts Board of Library Commissioners, the state agency responsible for administering the MPLCP. See 605 CMR 6.02: MPLCP.

MPLCP. The Massachusetts Public Library Construction Program, a grant program for public library construction administered by the Massachusetts Board of Library Commissioners.

MPLCP Level of Design. Drawings and other documents illustrating the general scope, scale and relationship of project components and based on requirements developed under previous phases, or on program requirements as mandated in 605 CMR 6.08(2)(a). For the purpose of this grant program, MPLCP Level of Design will be based on a library building program that must contain the elements mandated in 605 CMR 6.06(6)(c)(1).

Municipal Census Population. The population of a municipality as determined by the Massachusetts Department of Revenue for the year prior to application to the MPLCP.

Needs Assessment. An element of the library building program that outlines the library service needs of the community, without reference to the existing facility. See 605 CMR 6.02: Building Program.

Negligence. The failure to take reasonable care to avoid or guard against foreseeable harm to people or property.

OPM. See 605 CMR 6.02: Owner's Project Manager.

Owner's Project Manager. A professional who meets state qualifications to represent the Applicant from predesign through post construction phases by providing independent and competent advice on all aspects of a building project and who is hired through adherence with designer selection law. Responsibilities include assistance with designer selection, participation in cost estimating, general contractor and subcontractor prequalification, negotiations with the designer and the general contractor, monitoring of all phases of design and construction, regular communication with the library director, and assistance with MPLCP monthly and final reporting. Public awarding authorities are required to engage the services of an owner's project manager (OPM) for all phases of any building project estimated to cost $1.5 million or more. The OPM must be hired before the project designer.

Parking. Projects must provide at least one parking space for every 400 gross square feet of building, not including parking required by Americans with Disabilities standards or staff parking requirements. If the number of parking spaces deviates from this guideline, the Applicant must show that the appropriate local boards have approved an alternative parking plan.

Phased Project. An approved public library project conceived from the outset to meet the 20 year need of the municipality but constructed in distinct phases over a period of years and in accordance with a comprehensive plan. Phased projects are limited to towns or cities with populations over 50,000.

Planning. The preparation of a study, analysis, or similar report, the purpose of which is to define the cost, content, and schedule of an approved public library project, so as to establish a frame of reference prior to design, acquisition, construction, alteration, renovation, rehabilitation, or other activity of an approved public library project. Specific elements may include the establishment of project goals, preparation of a building program, and development of a schematic design and cost estimate.

Planning and Design Phase. The initial phase of an approved public library project, which may include preparation of a study, analysis, or similar report on an existing building or alternative sites, along with cost analysis of options and alternatives, site investigation/selection, and preparation of design drawings, energy modeling, cost estimates, site investigation, and soil studies, etc. For Small Population Public Library Projects, this phase also may include the development of a library building program and the preparation of a condition assessment. Eligible costs are limited to those costs that will be incurred after the date of acceptance into the grant program, with the exception of land purchase costs incurred within three years prior to the application due date. See 605 CMR 6.02: Eligible Costs, Small Population Public Library Project.

Preservation. The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure. This may include initial stabilization work.

Preservation Consultant. A preservation professional with working knowledge of historic building systems, historic building materials and their deterioration, preservation technologies and methodologies, and the Secretary of the Interior's Standards for Rehabilitation.

Project Manager. See 605 CMR 6.02: Owner's Project Manager.

Proportional Project Cost. The cost derived from the amount of space eligible for MPLCP funding when an approved public library project will share building space with other occupants. Funding eligibility is limited to that space designated for public library occupancy plus a proportional share of common spaces and services. This proportionality may be based on space or time utilization and will be approved by the Board. Restrooms and HVAC controls must be located in dedicated library space in order to be considered eligible, and separate restrooms and HVAC controls must serve non-library spaces. A dedicated space for library programming must be provided. See 605 CMR 6.02: Shared Building.

Provisional Grant Award. A grant award voted by the Board that is contingent on confirmation of local financial commitment and execution of a contract. A grant award is provisional until after a contract and agreement are in place. Separate provisional awards are voted for the planning and design phase and the construction phase. See 605 CMR 6.02: Construction Phase, Local Financial Commitment, Planning and Design Phase.

Public Agency. A department, board, commission, council, or other instrumentality of a city or town.

Public Library Facility. A building, modular unit, or other structure utilized as a free public library in a city or town, including facilities jointly used by more than one municipality and the portion of a shared building utilized as a free public library.

Public Library Project. A project, including a planning and design phase and a phase for new construction, renovation, or addition/renovation, undertaken by a municipality for the purpose of providing free public library services. See 605 CMR 6.02: Construction Phase,Free Public Library, Planning and Design Phase.

Reconstruction. The act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or a part thereof, as it appeared at a specific period of time.

Rehabilitation. Work required to restore a public library facility to its former historic condition, or to modify and modernize a public library facility in order to comply with current code requirements and be effectively utilized for its designated functional purpose.

Renovation. Work required to restore and modernize a public library building in order that the facility may be effectively utilized for its designated functional purpose and comply with current code requirements. Such projects consist of work of such scope that, if not completed, the present facility would require complete building replacement. A renovation project must provide a library facility substantially equivalent to that of a new facility and must consist substantially of work other than deferred maintenance.

Repair. The process used to restore a facility or system to such condition that it may continue to be approximately and effectively used for its designated purpose by overhaul, reprocessing, or replacement of parts or materials which have deteriorated by action of the elements or use.

Resilient Design. See CMR 6.02: Sustainable and Resilient Design.

Restoration. The process used to accurately recover the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

Seating Capacity. The number of seats provided for public use including general reading area seats, lounge seats, group study seats, cafe style seats, or other seating when available on an open basis. Seats at electronic workstations, microform readers, and other such dedicated seating should not be counted in the total seating capacity, nor should seats in rooms such as program rooms, auditoriums, and general meeting rooms that are not open at all times to library patrons. Seats that have the capability for wireless use but are available for other purposes should be included in the total seating capacity.

Shared Building. A facility incorporating a public library and one or more compatible partners independent of the library and housed within one building. Some parts of the building may be shared, such as larger meeting rooms and common areas, upon approval by the Board. See 605 CMR 6.02: Management Plan, Proportional Project Cost.

Site. See 605 CMR 6.02: Approved Site.

Site Preparation. Those activities directly related to the preparation of the site for an approved public library project, including hazardous waste cleanup, demolition of existing structures, excavation, trenching, and installation of utilities.

Small Library Tier. A library project with gross square footage between 6,000 and 14,999 square feet as determined in the building program.

Small Population Public Library Project. A project which includes a preplanning phase, a planning and design phase, and a phase for new construction, renovation, or addition/renovation, undertaken by a municipality with a municipal census population of under 2,500 for the purpose of providing free public library services. See 605 CMR 6.02: Building Program, Condition Assessment, Construction Phase, Municipal Census Population, Planning and Design Phase.

Specialized Stretch Code. Building code as outlined in 225 CMR 23.00 Appendix CC: Massachusetts Stretch Code and Specialized Code for Commercial Buildings, Massachusetts Municipal Opt-in Specialized Energy Code 2023. Adherence to this level of code may be considered as a requirement for an optional incentive award.

Stabilization. The act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property, while maintaining the essential form and condition as it existed.

Standards and Guidelines. Criteria used in the application process by which library services, programs, and facilities may be measured or assessed. Established by professional organizations, accrediting bodies, or government agencies, the criteria may variously reflect a minimum or ideal, a model procedure or process, a quantitative measure, or a qualitative assessment.

Strategic Plan. A planning document that includes a library's mission and/or vision statement, user needs assessment, multi year goals and objectives, an annual action plan with measurable objectives, a brief description of the planning methodology, and an indication that it has been approved by the library's governing board. A current strategic plan, with annual action plans and updates as required, must be on file with the Board.

Study. A plan, analysis, or report to identify and evaluate alternative solutions to and recommendations for a solution to the needs and requirements defined by a public agency proposing an approved public library project.

Sustainable and Resilient Design. A practice which aims to reduce environmental impacts during the production and transportation of building components, during the construction process, and during the lifecycle of the building. This design practice emphasizes efficiency of heating and cooling systems, alternative and renewable energy sources, minimization of embodied and operational carbon, appropriate building siting, clean and efficient building systems and components, reused or recycled building materials, on site power generation, and provisions for mitigation of climate change impacts.

Tier. A level of small, medium, or large ascribed to Applicants based on the gross square footage presented in the library building program in the application. See 605 CMR 6.02: Large Library Tier, Medium Library Tier, Small Library Tier.

Title. A legal document that confirms that the approved site of an approved public library project is owned by the municipality without any claims by others and no history of past claims that may affect ownership. If the approved site is owned by an association or library corporation, a deed restriction will be placed upon those portions affected by the library, or a Memorandum of Understanding that outlines the jurisdiction and responsibilities of both parties during construction and post-occupancy will be executed between the association or corporation and the municipality. If the site is owned by another organization or entity, evidence of a lease of not less than 99 years is required.

U.S. Green Building Council. A nonprofit trade organization that promotes sustainability in building design, construction and operation and that administers the Leadership in Energy & Environmental Design (LEED) certification program in the United States.

Waiting List. A list, created by the Board, of construction projects approved for funding but awaiting the authorization of funds by the state legislature and its administration.

Zero Energy Certification. A certification developed by the International Living Future Institute (IFLI), which provides standards for constructing highly efficient buildings that rely on clean energy without the onsite combustion of fossil fuels to produce net annual energy demand. This certification may be considered as a requirement for an optional incentive award. See 605 CMR 6.02: International Living Future Institute and 605 CMR 6.07(5)(b).

605 CMR, § 6.02

Amended by Mass Register Issue 1296, eff. 9/25/2015.
Amended by Mass Register Issue 1483, eff. 11/25/2022.