N.J. Admin. Code § 6A:26-3.13

Current through Register Vol. 56, No. 12, June 17, 2024

Section 6A:26-3.13 - Review, approval, and use of temporary facilities

(a) As part of a school facilities project, a school district may propose providing temporary facilities pending the construction of a school facilities project either by the Development Authority or the school district. A school district may also propose providing temporary facilities not as part of a school facilities project and, therefore, to be locally funded as an other capital project. An approved private school for the disabled may also propose to provide temporary facilities, which are not part of a school facilities project and shall be reviewed as an other capital project.

(b) All temporary facilities shall be approved by the Division pursuant to this section and, if housing students, pursuant to the educational adequacy requirements at 6A:26-5.4(c) and the temporary facility standards at N.J.A.C. 6A:26-8.

1. If an SDA district seeks approval of a temporary facility and it is part of a school facilities project, and if approval is sought prior to the school facility project's approval, it shall submit to the Division a preconstruction application referencing the acquisition of a temporary facility (including related design work), pursuant to 6A:26-3.9.

i. If the SDA district seeks approval of a temporary facility prior to approval of a school facilities project, the school district or the Development Authority on behalf of the school district, shall submit an application for approval of the temporary facility pursuant to this section. The Division shall then make a determination on the temporary facility, and notify both the school district and the Development Authority. When the SDA district later submits an application for the related school facilities project, the temporary facility submission shall be deemed to be included in the application. The preliminary eligible cost and final eligible cost determinations shall incorporate the eligible costs of the temporary facility.

ii. If the SDA district seeks approval of a temporary facility at the time it seeks approval of a school facilities project, the school district, or the Development Authority on behalf of the school district, shall submit an application for approval of the temporary facilities pursuant to this section. The temporary facility cost estimate for the estimated actual costs of the temporary facility shall be included in the cost estimate for the school facilities project. The project and preliminary eligible cost, land, and educational adequacy determinations shall occur at the same time as its temporary facility determination pursuant to this section.

iii. If the SDA district, or the Development Authority on behalf of the SDA district, seeks approval of a temporary facility after the time it seeks approval of a school facilities project, the cost estimate for estimated actual costs of the temporary facility shall be added to the cost estimate for the school facilities project, and the temporary facility determination shall occur after the project and preliminary eligible cost determinations are made by the Division.

2. If a ROD seeks approval of a temporary facility that is part of a school facilities project, the ROD shall engage an architect to undertake the design work required for the temporary facility to be approved as part of a school facilities project.

i. If the school district seeks approval of a temporary facility prior to approval of a school facilities project or at the time it seeks approval of a school facilities project, the school district shall submit an application for temporary facility approval, including a cost estimate for the temporary facility based on its estimated actual costs. A temporary facility approved prior to the approval of a school facilities project shall be funded locally. Once the project has been approved, the school district shall receive credit toward the local share of its final eligible costs, pursuant to 6A:26-3.8.

(c) An application for a temporary facility, including in the case of an approved private school for the disabled, shall contain the following information:

1. If the temporary facility is to house students, all information set forth in 6A:26-5.4(c), relating to detailed plans and educational specifications, and all information demonstrating that the design of the facility complies with N.J.A.C. 6A:26-8, Temporary Facility Standards;

2. All information to the extent applicable to temporary facilities in 6A:26-7.1 if the temporary facility includes the acquisition of land;

3. If the temporary facility is part of a school facilities project and if intended to house students due to overcrowding, necessary updates to the enrollment projections in the school district's approved LRFP to support the temporary facility;

4. The number of unhoused students, if any, to be housed in the temporary facility;

5. A cost estimate for the temporary facility;

6. A recommendation of the county superintendent of schools certifying the need for a temporary facility;

7. A resolution of the district board of education or the board of trustees of the approved private school for the disabled approving the application; and

8. Where required by 40:55D-31 and 18A:18A-16, either proof that 45 or 55 days have passed, whichever time period is applicable, pursuant to 6A:26-3.2, from the planning board's receipt of the temporary facility application or the receipt of comments from the local planning board(s) on the temporary facility application, whichever is earlier. Such comments are to be sent to the Division, Office of School Facilities, PO Box 500, Trenton, New Jersey 08625-0500.

(d) After the Division receives a completed temporary facility application, it shall make a determination on the temporary facility based on the following criteria:

1. Whether the temporary facility is consistent with the school district's approved LRFP;

2. If intending a temporary facility to be part of a school facilities project and intending the temporary facility to house students due to overcrowding, whether the school district evidences through updates to its enrollment projections that the related school facility has a functional capacity of less than 90 percent of the facilities efficiency standards when the capacity is most efficiently utilized through scheduling and other means;

3. If it is to house students, whether the facility conforms to educational-adequacy requirements at 6A:26-5.4(c);

4. Whether the design of the facility demonstrates compliance with the temporary facility standards at N.J.A.C. 6A:26-8;

5. If it includes land acquisition, whether the facility conforms to the applicable requirements at N.J.A.C. 6A:26-7.1;

6. Whether the facility meets the facilities efficiency standards; and

7. Whether the estimated actual cost of the temporary facility is reasonable.

(e) If the temporary facility is intended to be funded as an other capital project, the school district shall conform to all other applicable statutes and regulations, including N.J.S.A. 18A:18A-1.1 et seq. and the local support provisions at 6A:26-3.1 1(c).

(f) If a school district or an approved private school for the disabled houses public school students in a facility that was reviewed and approved as a substandard facility under the rules in effect prior to June 7, 2004, the facility shall not be required to be re-approved as a temporary facility under the rules in effect after June 7, 2004. Renewal of the facility's approval as a substandard facility shall be subject to standards for substandard facilities in effect prior to June 7, 2004.

(g) A temporary facility may be approved by the Division for a term of two years, with three annual renewals if the school district, or the Development Authority on behalf of the school district, demonstrates satisfactory progress toward the provision of permanent facilities. No such approval shall remain in effect or be eligible for renewal unless the executive county superintendent determines in consultation with the Division and upon inspection of the temporary facility that:

1. The temporary facility meets the educational-adequacy and temporary-facility standards as specified in this chapter;

2. The school district or approved private school for the disabled demonstrates through the LRFP or other plan, in the case of the approved private school for the disabled, that students housed in the temporary facility will be housed in permanent school facilities; and

3. The temporary facility meets N.J.A.C. 5:23 requirements for a certificate of occupancy for "E" (educational) group use.

(h) When a school district receives State support pursuant to EFCFA for a school facilities project and temporary facilities are acquired by the school district to house students pending completion of the school facilities project, the temporary facilities shall not be encumbered, sold or otherwise disposed of until the Division approves the action.

N.J. Admin. Code § 6A:26-3.13

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (b), substituted "All temporary" for "Temporary" and updated N.J.A.C. reference; and in (c), inserted reference to EFCFA.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; and in (c)3 and (d)1, inserted "school" preceding "district's".
Recodified from N.J.A.C. 6A:26-3.14 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section. Former N.J.A.C. 6A:26-3.13, Acquisition of land by school districts, recodified to N.J.A.C. 6A:26-3.12.