94-376-64 Me. Code R. § 1

Current through 2024-51, December 18, 2024

Section 376-64-1 - DEFINITIONS

A. "ADA" means federal Americans with Disabilities Act.

B. "Administrative space" means property used for housing of superintendents, principals and school administrative unit-wide eligible administrative personnel.

C. "Avoided Costs" means savings achieved from reduced energy use as a result of a renovation project.

D. "Bank" means the Maine Municipal Bond Bank.

E. "BGS" means the Bureau of General Services of the Department of Administrative and Financial Services.

F. "Capital improvement plan" means a plan to replace and repair building systems on a building by building basis for each school administrative unit.

G. "Commissioner" means the Commissioner of the Maine Department of Education.

H. "Department" means the Maine Department of Education.

I. "Educational Program" means the school administrative unit's (SAU's) programs and services adopted by the local school board that are aligned with or support the system of Learning Results.

J. "Educational Specifications" means how a school administrative unit describes its educational goals and activities, and the interrelationships between those educational goals and activities and their associated facilities.

K. "Energy and Water Conservation Project" means a school renovation project that is designed to save energy either from reduced heating fuel, reduced electrical consumption, or other conservation measures.

L. "Equivalent cost basis" means an amount not to exceed the total annual cost currently approved for state subsidy on existing leases.

M. "Fund" means the School Revolving Renovation Fund.

N. "Hazardous material" means any chemical which is a physical hazard or a health hazard as defined by the U.S. Department of Labor Occupational Safety and Health Administration (OSHA).

O. "Instructional space" means property used for regular classrooms, small group instruction, libraries, clinics, guidance, and other instructional activities as approved by the Department. Instructional space does not include athletic or play fields.

P. "Interim instructional space" means interim instructional space under 20-A M.R.S.A. §15672(2-A)(B)(2). Interim instructional space is fixed space that a school administrative unit rents for a defined period of time and then vacates at the end of the lease.

Q. "Lease" means an agreement under which a school administrative unit rents property for a defined period of time without acquiring any permanent ownership interest in the property.

R. "Lease space" means property that a school administrative unit is entitled to use for a defined period of time in accordance with the terms of a lease.

S. "Lease-purchase agreement" means an agreement under which a school administrative unit leases space for a defined period of time at the end of which the school administrative unit has an option to purchase the property for one dollar.

T. "Lease-purchase space" means space which a school administrative unit occupies and acquires over a defined period of time in accordance with the terms of a lease-purchase agreement.

U. "Maintenance plan" means a plan to address scheduled and unscheduled repairs, upkeep, and preventative maintenance necessary to achieve the designed life expectancy of building systems and components.

V. "Permanent small instructional space" means permanent small nonadministrative space under 20-A M.R.S.A. §15672(2-A)(B)(3) that is constructed to replace temporary or interim leased space which is subsidizable on an equivalent cost basis. Construction may consist of new buildings or permanent additions to existing buildings that are secured to a permanent foundation.

W. "Renovation project" means a school construction project that falls into one of the following categories:

1)Priority One: Health, safety and compliance repairs;

2)Priority Two: Repairs and improvements not related to health, safety and compliance repairs, that are limited to a school building structure, windows and doors of a school building and to a school building's water or septic system;

3)Priority Three: Repairs and improvements related to energy and water conservation;

4)Priority Four: Upgrades of learning spaces in school buildings; and

5)Priority Five: Other repairs/projects approved by the Commissioner.

X. "Temporary instructional space" means temporary instructional space under 20-A M.R.S.A. §15672(2-A)(B)(2). Temporary instructional space consists of one or more mobile or modular buildings (portables) constructed on or off site and which can be disassembled and moved economically to a new location.

94-376 C.M.R. ch. 64, § 1