N.J. Admin. Code § 6A:26-3.14
Current through Register Vol. 56, No. 12, June 17, 2024
Section 6A:26-3.14 - Emergency stabilization(a) Emergency stabilization must qualify as an emergency pursuant to 18A:18A-7 and the rule promulgated pursuant thereto at N.J.A.C. 5:34-6.1. Emergency stabilization is not eligible for State support, and therefore the costs incurred by the school district in undertaking the emergency stabilization will not be eligible for reimbursement by the State in the event that it is determined that an emergent condition exists after undertaking such stabilization.(b) When a school district determines that an emergency exists pursuant to 18A:18A-7, it shall undertake emergency stabilization as follows: 1. The school district shall, if possible, immediately undertake the actions necessary, including temporary repairs to alleviate the emergency;2. The school district shall conform to the Public Schools Contract Law and the applicable rule at 5:34-6.1 when undertaking such emergency stabilization; and3. The school district shall proceed as set forth in (d) or (e) below if, after undertaking emergency stabilization, it is necessary to undertake an emergent project.(c) Emergent projects can be either school facilities projects eligible for State support or other capital projects. Emergent projects that are school facilities projects shall proceed in accordance with (d) and (e) below. Emergent projects that are other capital projects shall proceed in accordance with (f) below. If a school district determines that an emergent condition exists after undertaking an emergency stabilization, the school district in applying for review and approval, if applicable, of the project shall submit evidence acceptable to the Division of the emergency stabilization costs.(d) Prior to the approval of a school district's LRFP, a school district may, on a form provided by the Commissioner, apply directly to the Commissioner for approval of a school facilities project when an emergent condition exists. 1. The Commissioner shall approve a school facilities project for an emergent condition only if, after an on-site inspection, the county superintendent of schools, in consultation with the Division, certifies that an emergent condition exists.2. If a school facilities project for an emergent condition is approved by the Commissioner, the school facilities project application shall be forwarded to the Division for review, pursuant to 6A:26-3.3(a) through (o), on an expedited basis. The scope of work contained in the application shall be limited to action required to rectify the emergent condition.3. Notwithstanding the approval of a school facilities project for an emergent condition prior to approval of a school district's LRFP, pursuant to this section, preliminary eligible costs and final eligible costs for the school facilities project shall be determined consistent with this chapter.(e) After approval of a school district's LRFP, a school district may, on a form provided by the Department, apply directly to the Division for approval of a school facilities project when an emergent condition exists. 1. The Division shall approve a school facilities project for an emergent condition only after an on-site inspection, the county superintendent of schools, in consultation with the Division, certifies that an emergent condition exists.2. If the existence of the emergent condition has been certified pursuant to (e)1 above, the school facilities project application shall be forwarded to the Division for review, pursuant to 6A:26-3.3(a) through (o), on an expedited basis. The expedited basis shall include Division acceptance of school district submission of the school facilities project application or a predevelopment request in the case of Authority managed projects, within 45 days of the date of such submission. If the emergent condition was not included in the school district's approved LRFP, the school district shall request an amendment to its LRFP as part of the project application and amend its LRFP within 45 days of such submission. The scope of work contained in the application shall be limited to those actions determined by the Division to be reasonable considering the emergent condition and the capital projects in the school district's approved LRFP.3. Preliminary eligible costs and final eligible costs for the school facilities project shall be determined consistent with this chapter.(f) If a school district determines that an emergent condition exists after undertaking an emergency stabilization, and the emergent project is an other capital project, the school district shall submit the information required by 6A:26-3.1 1, and the Division shall perform all required reviews on an expedited basis. The scope of work contained in the application shall be limited to those actions determined by the Division to be reasonable considering the emergent condition and the capital projects in the school district's approved LRFP.N.J. Admin. Code § 6A:26-3.14
New Rule, R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote (a), (c) and (e).
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" and "district's" throughout.
Recodified from N.J.A.C. 6A:26-3.16 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Emergency stabilization and emergent projects". In (b)1, deleted "and render the facility safe and fit for occupancy" following "emergency"; and in (c), substituted the third occurrence of "projects" for "project". Former N.J.A.C. 6A:26-3.14, Review, approval, and use of temporary facilities, recodified to N.J.A.C. 6A:26-3.13.