Current through Register Vol. 46, No. 39, September 25, 2024
(a) The
following methodology establishes a multi-year cost allowance which shall apply
to school districts and boards of cooperative educational services for the
purpose of computation of building aid:
(1)
Every school district and board of cooperative educational services shall
submit a building condition survey report as required by section
155.4 of this Part.
(2) Cost allowances for reconstructing or
modernizing structures shall not exceed 100 percent of the cost allowances for
the equivalent new construction over the projected useful life of the building.
Building aid cost allowances shall not exceed the maximum cost allowance for
the projected useful life of a new building, addition or reconstruction and
alterations, using a declining balance method. Once the maximum cost allowance
has been exhausted, no further building aid shall be calculated until the
projected useful life span has been exhausted.
(3) The architect or engineer of record shall
certify to the commissioner the probable useful life of any capital
construction work submitted to the commissioner.
(4) The architect or engineer of record shall
provide documentation to the commissioner regarding the proper operation and
maintenance for each system.
(5)
The probable useful life of any building system shall be the period described
in section
11.00 of
the Local Finance Law. In the absence of any reference to section
11.00 of
the Local Finance Law regarding periods of probable useful life, the following
shall apply: 30 years for new buildings; 20 years for additions; 15 years for
reconstruction projects.
(6) The
commissioner may reduce the probable useful life expectancy for purposes of the
calculation of building aid upon a finding that replacement or renovation of
the existing building is necessary to protect the health and safety of students
or staff, and that the need to replace or renovate the building was not caused
by a failure to properly operate and maintain the building.
(b) Appeals to the commissioner. A
school district or a board of cooperative educational services may appeal a
determination of the commissioner that a building has not been adequately
maintained. To appeal, a school district or a board of cooperative educational
services shall submit documentation describing: how the building was
maintained; why the building and/or any of its major building systems, as
defined in Education Law section 3602(6)(4), did not last as long as
anticipated; what steps, if any, are being taken to remedy the failure of the
building and/or any of its major building systems to last for the entire period
of probable usefulness; and any other relevant information requested by the
commissioner. In addition, the district or board of cooperative educational
services shall submit information regarding any claims for recoveries,
including insurance guarantee and warranty claims, and the status of any such
claims.
