027-1 Wyo. Code R. § 1-2

Current through April 27, 2019
Section 1-2 - Definitions

(a) "Aggrieved party" means a school district whose legal rights, duties or privileges have been harmed by an act of the Commission and which is entitled to a contested case proceeding as provided by law.

(b) "Capital Construction" means those remedies receiving legislative funding. Capital Construction does not include major building and facility repair (major maintenance) funding.

(c) "Closed" means any school building or facility that is not currently being used and is capable of being reopened.

(d) "Cohort Survival Calculation" means the rate of progression for each grade (K through 11) to the next grade (1 through 12) using the ten-year average for each grade progression.

(e) "Component Level Recommendations" means recommendations by the Commission to implement remedies to address school building and facility condition by repairing or replacing components when it is determined by the Commission that it is not feasible for districts to do so solely with major maintenance funds.

(f) "Contractor" means any person who is a party to a contract with the Commission or a district to construct, erect, alter, install or repair any Commission approved remedy.

(g) "Department" means the State Construction Department.

(h) "Design Charrette" means an interactive and collaborative process where participants (school district, architects and others) work in a focused and sustained effort to develop the basis for a feasible building design that meets the educational, budgetary and schedule goals for the project.

(i) "Design Professionals" means the architect or other professional contracted with the district to design a remedy.

(j) "Educational specifications or "Ed-specs" means those specifications used to define the programmatic, educational and functional goals of the educational facility.

(k) "Facility Condition Assessment" (FCA) means the systematic process of collecting measured data, or making observations relative to the physical condition of a building or facility or one or more of its components or group(s) of components and recording the results.

(l) "Facility Condition Index" (FCI) means a numerical rating or building condition score based on measured data or assessment of physical components or systems. The condition of a building is expressed as a ratio of the Cost to Repair Deficiencies, or "Deferred Maintenance" (DM) divided by the Current Replacement Value (CRV) of the building. The formula is:

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(m) "Facility Condition Needs Index" (FCNI) means a numerical rating or score assigned to a building represented by the FCI measured components and additional data comprised of technology readiness (TECH), illumination (ILLUM), and indoor air quality (IAQ). The FCNI is expressed as a ratio of the Cost to Repair Deficiencies or "Deferred Maintenance" (DM) plus the cost of the three additional systems divided by the Current Replacement Value (CRV) of the building plus the cost of the building improvements associated with the three systems. The formula is:

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(n) "Informal Review" means the opportunity afforded a school district under W.S. 21-15-116(f) to consult with the Department or Commission regarding an action of the Department or Commission prior to seeking administrative review.

(o) "Kick-off Meeting" means a meeting(s) between personnel of the Department and personnel of the district, in addition to such other persons as may be necessary to accomplish project planning.

(p) "Leased Facilities" means any land, building or equipment or other capital asset that has been leased by or to a district.

(q) "Mothballed building or facility" is any district building or facility which is closed and not operational, has the potential to be re-opened, is not being replaced under a district's facility plan approved by the Commission, is not determined surplus within the district's facility plan, and is maintained in good condition, for a maximum of three (3) years without additional approval from the Commission.

(r) "Payable-Leased Facilities" are those facilities which are used by the district to provide the approved educational programs as prescribed by W.S. 21-15-109(c)(i)(B). These facilities shall be included in the district's gross square footage totals.

(s) "Permanent Modular Building" means a pre-built, factory constructed and assembled school building or facility that is transported in an assembled condition to the location on which the building or facility is to be situated that is placed on a permanent foundation, and that is expected to be used by the district for its designed lifetime.

(t) "Project budget" means the amount of legislative funding allocated to a specific remedy. The project budget for any specific remedy shall be an amount determined by the Commission to be sufficient to fund the total project cost of the remedy. Funds allocated to a specific remedy remain State funds and are not an entitlement of any district.

(u) "Separate Account" means an individual account held by the district for depositing and expending major building and facility repair funds. These funds shall not be co-mingled with any other funds or accounts.

(v) "Total project cost" means all project costs, including but not limited to: land acquisition, site preparation, design, construction, contingencies, FF&E, special studies (e.g. traffic, lighting), surveys, environmental assessments, geotechnical investigations, demolition, commissioning, owner's representative fees, testing and inspections, plan review, and building permit/occupancy fees.

027-1 Wyo. Code R. § 1-2

Amended, Eff. 11/19/2018.