N.J. Admin. Code § 6A:26-3.2

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

Section 6A:26-3.2 - School facilities projects

(a) Any school district seeking to initiate a school facilities project shall apply to the Division on a Commissioner-provided form for approval of the school facilities project. School facilities projects include:

1. New construction;

2. Rehabilitation, provided that the rehabilitation or capital maintenance consists of the entire building system in the same school facility building section, as building section is defined in the approved LRFP, unless one or more of the components of a mechanical, electrical, or plumbing building system is required for the continued operation of such system;

3. Acquisition of existing buildings to accommodate unhoused students;

4. Furnishings, fixtures, and equipment, but they shall be eligible for State support only as follows:

i. Furnishings with a useful life of 10 years or greater when part of a school facilities project is either new construction or rehabilitation and also qualified as reconstruction. The cost of furnishings shall not exceed the cost of the item if purchased through a State contract, if applicable. For purposes of this subsection, reconstruction is to be defined in accordance with the UCC, 5:23-6.3;

ii. Fixtures when part of a school facilities project;

iii. Equipment with a useful life of 10 years or greater either consisting of a school facilities project when it is an integral and substantial part of a building system in a school facility or when part of a school facilities project. The cost of equipment shall not exceed the cost of the item if purchased through a State contract, if applicable. Operating equipment such as vacuums, snowblowers, and floor polishers, along with repairs to such items shall be ineligible for State support;

iv. Air conditioning equipment with a useful life of 10 years or greater either consisting of a school facilities project when it is an integral and substantial part of a building system or when part of a school facilities project. If the school facilities project consists of new construction, the air conditioning system shall be eligible for State support to the extent that it is included in the area cost allowance. If the school facilities project consists of rehabilitation that includes the replacement of an existing air conditioning system, the replacement shall be eligible for State support provided that it is for the entire building air conditioning system in the same school facility building section, as building section is defined in the approved LRFP, unless one or more of the components of that building system are required for the continued operation of such system. If the school facilities project consists of rehabilitation that includes the installation of a new air conditioning system, the new system shall be eligible for State support if it is for the entire building air conditioning system in the same school facility building section and for instructional spaces (excluding industrial shops) and/or for occupied non-instructional spaces (excluding kitchens and locker rooms). To the extent that a new air conditioning system is for unoccupied non-instructional spaces, such as utility rooms and storage rooms, except for spaces that accommodate heat- and humidity-sensitive equipment, it will not be eligible for State support; and

v. Technology electronic systems recommended by the "Facilities Standards for Technology in New Jersey Schools" and the "Working Toward the Future With Our Children" educational technology plan for New Jersey, or subsequent State educational technology standards for New Jersey schools, when part of a school facilities project which is either new construction or rehabilitation that also qualifies as reconstruction as defined in the UCC, N.J.A.C. 5:23-6.3; and

5. The rehabilitation of a multi-purpose physical education field(s) and, for pre-school-through-grade-five school facilities, a playground with playground equipment when required to support the New Jersey Student Learning Standards as defined by the number of physical education teaching stations applicable to the school facility pursuant to the facilities efficiency standards and the approved programmatic model. A new multi-purpose physical education field or playground, including playground equipment is eligible for State support, within the area cost allowance only when part of a school facilities project consisting of new construction for unhoused students.

(b) An application for a school facilities project shall contain the following information:

1. All information set forth in 6A:26-5.2 and 5.3 if the project is subject to educational adequacy review and, if not, any drawings or narrative relating to the project from a New Jersey licensed architect or professional engineer, if applicable, and, if the school facilities project includes the acquisition of land, 6A:26-7.1;

2. Necessary updates to the enrollment projections in the school district's approved LRFP to support the project;

3. A delineation and description of each of the functional components of the school facilities project;

4. The number of unhoused students to be housed in the school facilities project;

5. The minimum area allowances per FTE student as calculated pursuant to this chapter;

6. A narrative description of the school facilities project on a form prescribed by the Commissioner, including an itemized breakdown of estimated actual costs and quantities by area for new construction, rehabilitation and acquisition of existing buildings;

7. Identification of the site for new construction, if any;

8. Identification and description of any spaces that exceed the facilities efficiency standards for which the school district received approval pursuant to the approved LRFP or is seeking approval as additional space pursuant to 6A:26-3.3;

9. A complete room inventory of the spaces contained in the building;

10. A feasibility study for all new construction in lieu of rehabilitation;

11. Identification of the programmatic model from the school district's approved LRFP and supporting documentation to confirm that the school facilities project conforms to the programmatic model;

12. The tier the school district proposes for each school facilities project in accordance with 18A:7G-5(m);

13. A resolution of the district board of education authorizing the submission of the application to the Division;

14. A certification from the chief school administrator and the school business administrator that the school district has not advertised or awarded a construction or purchase contract for the school facilities project and that the school facilities project has not been completed; and

15. Any additional information that a school district deems relevant for the Commissioner's review of the school facilities project.

(c) Where required by 40:55D-31 and 18A:18A-16, each school district shall submit applications for school facilities projects to the planning board(s) of the municipality(ies) in which the school district is situated, no later than the date the school district submits to the Division each application to afford the planning board(s) the opportunity to prepare and submit findings to the Division of Administration and Finance, Office of School Facilities, PO Box 500, Trenton, New Jersey 08625-0500. A school district shall provide to the Division proof of the date that it submits each school facilities project application to the planning board(s). The planning board(s) shall submit to the Division findings, if any, within 45 days of its receipt of each project application from a school district required to use the Development Authority, and has an additional 10 days to file with the Division notice of recommendations against approval of the project. No school facilities project application shall be considered complete until comments have been received from the planning board(s) or until either 45 days or 55 days, as applicable, have passed from the planning board's receipt of each school facilities project application, whichever is earlier. If the school district or its architect receives the planning board findings, it shall be forwarded promptly to the Division at the above address.

(d) A school district shall not initiate a school facilities project without an approved LRFP.

N.J. Admin. Code § 6A:26-3.2

Administrative Change, 48 N.J.R. 1802(a).