Current through Register Vol. 46, No. 12, March 20, 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.
