Current through February, 2024
Section 6100
BUILDING PROJECTS ELIGIBLE FOR STATE AID
Section
6110 Statutory Authority 16 VSA Chapter 123
Section 6111 Policy and Purpose
(a) It is the policy of the State of Vermont
to encourage renovation of, additions to, or construction of school facilities
where necessary to meet the educational needs of Vermont pupils. Any such
projects should be developed with standards of quality for public schools set
forth in
16
V.S.A. §
165 in mind and in a cost and
energy efficient manner. Further it is the policy of the State Board to
encourage the use of existing infrastructure to meet the needs of Vermont
students in accordance with the State Board policy on historic preservation.
Joint construction projects between two or more school districts and
consolidation of buildings within a district where feasible and educationally
appropriate are also encouraged. The State Board, in favor of local objectives
to better the learning environment, shall liberally construe these rules. These
rules are intended to establish the extent to which a proposed project is
eligible to receive state construction aid, but shall in no way limit the
amount of construction that a local district may authorize or expend on a
project.
(b) It is the purpose of
these rules to provide the procedures and standards for school districts
applying for school construction aid. In order for the State Board of Education
to approve a construction aid project, it must comply with the applicable
provisions of Rules 6100 et seq. Approval of the project may be for the whole
of the project or only for such component parts as found by the State Board of
Education to meet the requirements set forth herein.
Section 6112 Definitions
"Commissioner" shall mean the Commissioner of Education, or
his or her designee unless the context clearly requires otherwise.
"Construction aid project" means construction of a school
building, renovation or alteration of an existing school building or purchase
of a school building for which a school board may seek a grant of financial aid
pursuant to
16
V.S.A. §
3448. A construction aid
project may include the purchase and installation of relocatable units,
provided such units meet the minimum standards applicable to permanently
constructed educational spaces.
"School", "school district", or "school board" where the
context allows shall in addition to their ordinary meaning include an
independent school or board of trustees as identified in
16
V.S.A. §
3447.
Section 6113 School Building Information
The Commissioner from time to time shall publish information
to help school officials maintain school buildings in safe and sound condition;
achieve effective design, flexibility and economy in a construction aid
project; and secure expeditious approval of grants for construction aid
projects.
Section 6114
Requirements Applicable To All Projects
6114.1
Regulations of Other Agencies
(a) These rules
are in addition to the requirements of other state agencies with respect to
school construction. In order to be eligible for construction aid, school
building projects must meet standards that apply to school construction adopted
by the Department of Labor and Industry, the Agency of Natural Resources, the
Division for Historic Preservation, the Department of Health, the Department of
Agriculture, the Agency of Transportation, and any standards of other state or
federal agencies and local or regional planning authorities.
(b) The Commissioner shall, subject to the
consent of the agencies involved, coordinate the preliminary approval processes
for public schools for all agencies of state government with responsibilities
relating to school buildings and sites. However, the school district shall be
responsible for securing all necessary permits or approvals from these
agencies.
6114.2 Site
Requirements
Before final approval the school board shall request and the
Commissioner shall grant site approval if the site meets the approval of other
applicable agencies and is adequate for:
1) the educational programs the school board
plans to conduct now and in the future as reflected in the approved educational
specifications;
2) the anticipated
community uses of the school facilities;
3) the space needed for the planned
construction and its necessary service areas; and
4) the growth potential of the district. All
construction and site development to be included in a construction aid project
must occur on land to which the school district has clear title in fee simple
or a permanent deeded easement or right-of-way. Land not owned by the district
but convenient to the site on which a construction aid project will occur may
be considered as part of the school site when the Commissioner finds that the
land is suitable for daily school use and the school has permanent unrestricted
access.
Any site considered by a school board shall have the capacity
for a water supply system and sewage disposal system sufficient to meet the
needs for the planned occupancy of the building as determined by the approved
educational specifications.
The school board shall evaluate air quality issues and
environmental hazards when selecting a site for a new school or addition so as
to avoid or minimize the potential for contaminants and submit the analysis
with the application for construction aid.
6114.3 Accessibility Standards
School construction shall comply with all state and federal
laws regarding access rights to public buildings for persons with disabilities.
These include the requirements of
21 V.S.A. §
271-277, Section 504 of the Rehabilitation
Act of 1973 and any regulations promulgated in connection therewith.
6114.4 Bond Amortization
School boards issuing bonds for capital construction shall
repay the principal in not more than twenty years except as provided by
16 VSA §
777.
Section 6115 Application Procedures for
Construction Aid
6115.1 The application
procedures for construction aid shall consist of two parts: the preliminary
application and a final application. Both applications shall be made on forms
prescribed by the Commissioner.
6115.2 Each school district which has voted
funds or issued bonds for the total cost to either construct or purchase a new
school, or make extensive additions or alterations to its existing school plant
to adequately house its pupils, or to conserve energy, can make application in
writing to the State Board of Education for construction aid.
Section 6116 Preliminary
Application
6116.1 The Commissioner may
approve a preliminary application if he or she finds that the project or any
part thereof fulfills a need which cannot reasonably be met by another means
and that is occasioned by:
(a) facilities
which are inadequate to provide programs required by state or federal rule or
regulation;
(b) deterioration of
existing buildings;
(c) conditions
which are unsafe or threaten the health of students or employees;
(d) excessive energy use or cost resulting
from the design characteristics of the building.
6116.2 A school board shall supply evidence
with its preliminary application that it has conducted a facility analysis
consistent with these rules and considered the availability of classrooms or
other accommodations in neighboring schools as a reasonable means of meeting
the urgent need on which its application is based.
Section 6117 Facility Analysis
A facility analysis means a complete analysis of the existing
facility. The analysis shall identify the areas of deficiency consistent with
the criteria listed in
16
V.S.A. §
3448(a)(2)(A).
The analysis shall include, as appropriate for the project, the following
information:
(a) demographic data and
enrollment projections,
(b) the
current floor plan and useable square footage,
(c) economic impact on the community,
condition of the infrastructure of the existing building, including existing
health and safety conditions, and
(d) history of maintenance on the existing
facility.
Section 6118
Determining a Priority of Projects
Upon receipt of a preliminary application, the Commissioner
will evaluate and rate the degree of need for construction in accordance with
the System for Rating Proposed School Construction Projects adopted by the
State Board of Education.
Section
6119 Rating Eligible Projects
6119.1 The State Board shall adopt and from
time to time update a document entitled System for Rating Proposed Capital
Construction Projects in order to determine the priorities for construction
aid.
6119.2 The rating system for
prioritizing proposed capital construction projects shall require consideration
of projects according to objective criteria and a review of data submitted by
school districts. The rating system shall include consideration of the
following factors:
(a) type of space
requested;
(b) current space
availability;
(c) current health
and safety status;
(d) physical
condition of the facility;
(e)
impacts of maintenance on condition of facilities;
(f) short and long-range enrollment
projections; and
(g) consolidation
or union district formation
6119.3 The Commissioner shall notify in
writing each district of its rating. A school district within 30 days of
notification may appeal its rating in writing to the State Board of Education.
The State Board of Education, after offering the school district the
opportunity for a hearing, may affirm the rating of the Commissioner or, if
there is substantial evidence to justify it, modify the rating
accordingly.
Section
6120 Preliminary Design Work and Cost Estimates
Upon notification of its rating status, a school district may
submit to the Commissioner preliminary design work and a cost estimate for the
proposed project.
Section
6121 Educational Specifications
Plans and specifications for all construction aid projects
for new school buildings, and alterations or additions to an existing school
buildings shall be based on educational specifications approved by the
Commissioner. The educational specifications shall incorporate the results of
the facilities analysis required by Rule
6117 and enrollment projections
for not less than five nor more than ten years beyond the anticipated
completion of the work. Based on the results of the facilities analysis, the
educational specifications shall provide information on each type of space and
outdoor area to be included in the facilities of the school.
Section 6122 Enrollment Projections
Enrollment projections to be incorporated in educational
specifications for a construction aid project shall be based on and
include:
1) a ten year history of
enrollment by grade level of resident and tuition pupils within the
district;
2) when available, live
birth data for the district and other districts from which it regularly
receives and will continue to receive tuition pupils, and
3) enrollment projections for not less than
five nor more than ten years beyond the anticipated completion to the
work.
Section 6123
Construction Design
Plans and specifications for a construction aid project shall
be prepared by a registered architect. Unless otherwise approved by the
Commissioner and subject to state licensing requirements, plans for
construction projects which do not impact or alter instructional areas shall be
prepared by a registered architect or a registered professional
engineer.
When appropriate, the Department of Education may request a
review by the Department of Aging and Disabilities to assess the architectural
accessibility of a proposed project.
Section 6124 The Maximum Cost for State
Participation
6124.1 The State Board of
Education shall adopt and update annually a document entitled Capital Outlay
Financing Formula.
The capital outlay formula shall establish the maximum and
minimum square footage parameters by school size, and grade range through a
square footage allowance per student or program. The formula shall also
establish an allowable cost per square foot of construction.
6124.2 The Commissioner shall determine the
maximum eligible cost for construction aid for the proposed project using the
information provided by the district and applying the Capital Outlay Formula.
The cost and space parameters shall be fixed at the time the State Board
approves the final application.
Section 6125 Assigning a Priority to Projects
After all appeals under rule 6119.3 have been concluded, but
in no case later than December 1 of each calendar year, the State Board of
Education shall list in priority order those projects that have received
preliminary approval from the Commissioner and voter approval. The State Board
shall approve the priority order of projects at its December meeting. The order
of priority shall be as follows:
1.
The State Board shall assign first priority to emergency projects which address
threats to the health and safety of students and staff.
2. The Board shall assign second priority to
voter approved construction projects in excess of $ 10,000 which extend the
useful life of the building but which do not make extensive additions or
alterations to existing facilities to house or educate pupils.
3. All other voter approved projects shall
receive a priority based on consideration of the relative degree of need as
determined by The System for Rating Proposed School Construction Projects and
16
VSA §
3448(a)(2)(A) and
(B).
4. By January 15th of the following year, the
State Board of Education shall present the house and senate institutions
committees with a list of projects in priority order with the estimated cost of
each project.
Section
6126 Approval of Final Application
6126.1 The State Board may approve the final
application for a project that has:
(a)
received preliminary approval from the Commissioner;
(b) received approval from the voters of the
district for the total cost of the project either through the authorization of
a bond or other funds;
(c) made
arrangements for project construction supervision by persons competent in
building trades;
(d) provided for
financing of the construction project during a period prescribed by the State
Board; and
(e) otherwise met the
requirements of sections 3447-3456 of Title 16 and these rules.
6126.2 In order to be eligible for
construction aid, no construction shall begin before the State Board of
Education approves the final application
Section 6127 Final Application
A school district seeking construction shall file a final
application on a form prescribed by the Commissioner that provides evidence of
the following:
1. Approval of a
preliminary application consistent with rule 6116.
2. A review by the Agency of Natural
Resources of the water supply and sewage disposal conditions at the existing
site that the board is considering.
3. Approval of the educational specifications
by the Commissioner of Education
4.
Completion of the preliminary design work for the project by a registered
architect or engineer as appropriate
5. A determination of the maximum eligible
cost for state capital construction aid by the Department of Education for the
proposed project
6. A successful
vote consistent with Title
24 V.S.A. §
1758(b) for financing
100<0>[0] of the cost of the project.
7. Financing of the project and a system of
cost accounting for the project separate from the accounting system for the
district.
8. Final plans. The
school shall submit to the Commissioner copies of the construction plans either
in computer aided design (CAD) format, if used, or, if not, in the form
submitted by the architect or engineer to the school board or board of
trustees.
9. Compliance with public
bidding procedures consistent with
16 V.S.A. §
559 and Rules 6300-6400.
10. Employ a clerk-of-the-works to oversee
the completion of the project. The clerk-of-the-works may not be a current
employee or, without the approval of the Commissioner, a former employee of the
district, or the contractor, construction manager, architect or engineer for
the project.
11. Adequate builder's
risk insurance and professional liability insurance.
12. Unless otherwise permitted by the
Commissioner, a performance bond or irrevocable letter of credit equal to or
exceeding the amount of the construction contract for the project covering the
contractor or construction manager.
13. Approval from any governmental agency or
authority with rules that affect school construction and from which approval is
required
14. Other information
deemed necessary by the State Board for the type of construction aid
project.
Section 6128
Commencing Construction
When the Department of Education has received a completed
application and all necessary exhibits as required, the Commissioner shall
notify the school board and give authorization to commence construction pending
approval of the application by the State Board at its next meeting.
Section 6129 Emergency Aid
Approval
6129.1 A school board seeking
emergency aid under this section shall make application on a form prescribed by
the Commissioner. The application shall contain:
(a) information on how the project will be
funded;
(b)
(i) a detailed description of the nature and
extent of the imminent health and safety hazards that exist, and the extent
they would be alleviated by the project, and
(ii) certification by an independent and
qualified authority that an imminent health and safety hazard exists to the
building's occupants unless the emergency work is completed; and
(c) the estimated cost of the
emergency construction with documentation where feasible by two or more
independent qualified cost estimators;
6129.2 Upon determination that such emergency
exists and can be corrected in a manner consistent with the construction
proposed in the application, the Commissioner may award such funds as are
permitted under
16
V.S.A. §
3448(d).
Section 6130 During Construction
A set of the approved plans and specifications shall be kept
at the construction site throughout construction. Changes from the approved
plans or specifications for a construction aid project relating to any state
requirements, shall not be incorporated into the project without prior approval
of the appropriate state agencies which have approved the plans and
specifications.
All change orders during construction that increase or
decrease the scope of the project as approved by the State Board of Education
shall be submitted to the Commissioner. The Commissioner may approve all or a
portion of the change orders for eligibility for school construction
aid.
Section 6131 Indoor
Air Quality
The school board shall adopt a plan which addresses indoor
air quality during all phases of construction. This may include, but is not
limited to, temporary modifications to the existing ventilation system and
provisions for the containment and proper exhaust of job-site pollutants,
including dust, and volatile organic compounds (VOC's). Wherever practicable,
the plans shall specify a minimum of one week following the completion of
construction before occupancy to allow off-gassing. The plans and
specifications shall also provide for commissioning of the ventilation system
in accordance with the requirements of Rule 6143.4 herein.
Section 6132 Completion of Construction
Upon completion of a project the builder shall furnish to the
school board a full set of plans and specifications for the project as
built.
Section 6133
Awarding of Construction Aid
6133.1 First
Award
Upon satisfactory evidence that a project approved under
these rules is under construction and upon appropriation by the general
assembly of funds sufficient to fund the state aid due under Title
16
VSA §
3448, the State Board shall
certify an award for the project to the commissioner of finance and management
who shall issue a warrant for the payment of one-half of the award. If no funds
were available for a first award and if the approved project has been
completed, the State Board shall certify an entire award upon completion of an
inspection as outlined below and a final audit of expenditures.
6133.2 Final Award
In order for the school district to receive its final award,
the school board shall:
1. Notify the
Commissioner in writing when the project is completed and request a final state
agency inspection of the work. The following or their designees shall be
present at the final inspection: architect, superintendent, general contractor,
a member of the school board and clerk-of-the-works.
2. Notify the Commissioner when all changes
and additions listed at the final inspection have been made and the project is
complete.
3. Submit a final Heating
Ventilation and Air Conditioning (HVAC) Commissioning report certifying
compliance with minimum requirements specified in Rule 6143.4 and with all
other provisions of the HVAC commissioning plan for the project.
4. Notify the Commissioner that the project
is ready for audit when canceled checks and invoices for all project costs are
returned.
Section
6134 Costs Eligible for Construction Aid
1. Emergency projects costs required to
address imminent threats to safety and health of students or employees for
which construction is necessary
2.
Fees for permits, clerk-of-the-works, legal, architectural and engineering
services
3. Razing existing on-site
structures
4. Installation of
utilities and associated costs either on-site or where legal right-of-way is
obtained by the school district, including grading, drainage facilities, power
plants, sewer, water, wells and pumps, waste treatment, electricity, roads,
walks, parking areas and lighting
5. Athletic fields and other site development
projects necessary to provide exterior facilities to carry out an approved
educational program
6. Landscaping
incidental to the construction
7.
Construction to meet state agency regulations, including but not limited to
fire and safety, environmental, and VOSHA
8. Roof replacement if:
(a) it is a structural improvement which will
extend the life of the building, or
(b) the roof has exceeded its life expectancy
and will be completely replaced and upgraded
9. School building construction or purchase,
and extensive additions, alterations and renovations to existing schools
consistent with
16
V.S.A. §
3448(a)(2)(A)
10. Fixed equipment approved by
the Commissioner
Section
6135 Partially Eligible Costs
1.
Swimming pools, skating rinks, theaters, and other structures with valid
education functions but primarily programmed for community use and/or revenue
production are to be counted into the total space allowances eligible for
construction aid at a percentage which is the ratio of educational use to total
use; such percentage to be determined in each case by the Commissioner.
Auxiliary spaces, such as locker rooms, changing rooms, spectator areas and
mechanical equipment areas may be included as partially eligible
costs.
2. School construction on
land or buildings which are part of a permanent deeded easement or right-of-way
is eligible for state participation as a partially eligible cost at a
percentage to be determined by the Commissioner.
Section 6136 Non-eligible Costs
1. Structures or spaces designed exclusively
for use of other agencies or services such as community centers, town offices,
or civil defense shelters
2. Repair
or maintenance projects that do not amount to extensive additions, alterations
or renovations
3.
Stadiums
4. School furniture,
computers, computer hardware, cleaning equipment and supplies
5. Interest on bonding or short term
borrowing
6. Time spent on the
construction project by school board members or employees of the
district
7. Deferred Maintenance.
No state construction aid shall be available for any proposed project which has
arisen in whole or in part from significant deferred maintenance. For the
purpose of this section, "deferred maintenance" means the lack of reasonable
and timely maintenance including periodic minor repairs of school buildings and
mechanical systems.
8. Office space
for supervisory union personnel, including but not limited to, space for the
superintendents of schools, business managers, special education coordinators,
curriculum coordinators or their staff.
9. All costs associated with land
acquisition.
Section
6137 Questionable Costs of Spaces
1. Costs or spaces not falling clearly within
the list of eligible or partially eligible costs or spaces and not specifically
excluded as non-eligible shall be submitted to the Commissioner for status
determination prior to project commencement, or shall automatically be
considered as not eligible for construction aid.
2. Districts aggrieved by the decision of the
Commissioner regarding eligible costs may appeal to the State Board of
Education. The State Board after opportunity for hearing may affirm, modify or
reverse the decision of the Commissioner.
Section 6138 Minimum Requirements
If one or more of the items set forth in Rule
6139 are included in the
proposed construction aid project, the minimum requirements set forth therein
shall apply by grade range for program and service areas as outlined in the
capital outlay formula. All student counts are calculated on the basis of the
approved enrollment projection for the intended use of the space as set forth
in the educational specifications unless otherwise indicated.
Section 6139 Minimum Requirements and
Specific Program Space Needs
6139.1 General
purpose classrooms: Classrooms shall be suited to the teaching strategies
employed. There shall be effective acoustical separation between teaching
stations so that learning activities in one area do not distract from learning
activities in another. Storage spaces shall be provided and appropriately
designed for their intended purposes. The ceiling height shall be 8 feet except
where other wise required for the intended use of the room. Ceiling height
shall be measured from the floor to the lowest projection from the ceiling, not
including instructional apparatus.
6139.2 Kindergarten/early education:
Classrooms shall include space for large and small group work; for gross-motor
physical activity; for activity with learning materials; for quiet reading; and
for accessible storage of learning materials.
6139.3 Early Education: Rooms for education
of children prior to legal school age may be incorporated in a construction aid
project and must be aligned with the Early Childhood Program Regulations
established by the Child Care Division of the Agency of Human Services' Social
and Rehabilitation Services.
6139.4
Visual art rooms, combined art and music rooms:
Work space including teacher preparation space with directly
accessible storage shall be provided for the school's curricula in the arts. If
flammable materials are used, the space shall be furnished with a fire
extinguisher, a fire blanket, and separately vented storage. If the preparation
space is used for any activity which may cause the production of hazardous
vapors, it shall be furnished with a mechanical system for exhausting such
vapors directly to atmosphere.
6139.5 Technology Education and Family and
Consumer Sciences: Instructional and storage spaces shall be appropriately
designed for their intended purposes as determined by the school's
curricula.
6139.6 Libraries: There
shall be sufficient space for furniture for circulation materials and
catalogues, and spaces for audiovisual use and small group work. There shall be
access to telephone, work space and clean up facilities and storage of library
supplies.
6139.7 Gymnasium: For
middle or junior high school, floor space shall be a minimum of 42 ft. x 74 ft.
For high schools, floor space shall be a minimum of 50 ft. x 84 ft. In
addition, at least 3 feet of unobstructed space outside the boundaries of the
designated activity area shall be provided. In new construction a separate and
directly accessible storeroom shall be provided for physical education
equipment and other portable furnishings used. The ceiling height shall be
determined by the activities described in the educational specifications.
Minimum ceiling height for a gymnasium shall be 22 feet.
6139.8 Science laboratories: There shall be a
sufficient number of classrooms to support the described program of studies
each with learning stations equaling the number of students intended to occupy
these spaces. Learning stations shall include gas, water and electricity as
required by the curriculum. The space shall include facilities to wash chemical
spills from the eyes and body, lockable storage and display space, and a
separate vented chemical storage area.
6139.9 Project Rooms or Small Group Activity
Rooms:
Such rooms shall be appropriate for the anticipated
activities and conveniently located to the larger instructional areas. There
shall be effective acoustical separation, and appropriate storage areas.
6139.10 Computer Labs: The number
of computer stations shall be sufficient to accommodate the anticipated class
size. There shall be adequate lighting, ventilation and storage
areas.
6139.11 Multipurpose Rooms:
Accessible storage areas shall be provided for all programs using the space for
instructional purposes, and acoustical separation shall be provided from other
teaching stations or classrooms. The ceiling height for a multi-purpose room
shall be 12 feet.
6139.12
Maintenance and Janitorial Storage: Appropriate accessible space for storage of
supplies and materials shall be provided as well as clean up facilities with
availability of hot water.
6139.13
Special Services: Resource rooms and individual instructional areas shall be
provided with appropriate ventilation, lighting and acoustic
separation.
6139.14 Places of
Assembly: Any room to be used for assembly purposes or larger group meetings
shall be provided with appropriate acoustics so that speech may be heard
clearly throughout the room.
6139.15 Food Service
6139.15.1 Kitchen space for the preparation
of meals for on site production only shall include areas for food preparation,
serving, dishwashing, receiving and storage as determined for the intended use
of the space. The kitchen area shall include appropriate space for storage of
brooms and cleaning supplies as well as a separate area for the staff to use
for clean up.
6139.15.2 Storage
space intended for storage of perishable items not requiring refrigeration
shall be designed so that the temperature within the space will not be heated
above 60 degrees Fahrenheit or fall below freezing at any time.
Section 6140 Lighting
In all classrooms or other areas where instruction routinely
takes place, the artificial illumination installed as part of a school
construction project shall be capable of providing work surfaces with at least
50 foot candles of light, without significant glare, except where the intended
use of the area requires a higher level of illumination. Illumination
guidelines for special applications or other areas shall be as described by
Ninth Edition Illuminating Engineering Society of North America Lighting
Handbook.
Section 6141
Toilets, Hand Washing Facilities and Drinking Fountains
Installation of toilets, hand washing facilities and drinking
fountains as part of a school construction project shall comply with the rules
adopted by the Plumbers Examining Board in accordance with
26 V.S.A. §
2173, and requirements of the Department of
Labor and Industry. Public toilets shall be provided in any part of the
building to be used by the public.
Section 6142 Energy Efficiency Standard
Equipment, design, and performance aspects of the proposed
construction or improvement and all related systems shall meet or exceed the
American Society of Heating, Refrigeration, and Air Conditioning Engineers
(ASHRAE) Standard ASHRAE/IES 90.1-1989; Energy Efficient Design of New
Buildings.
Section 6143
Ventilation
6143.1 Ventilation design for all
new schools and additions for which construction aid is sought, including
modular or relocatable units, shall comply with minimum standards specified in
ASHRAE 62-1989.
In addition, ASHRAE 62-1989 shall apply to any renovations of
existing building in which the airflow is being altered as a result of:
(a) a new heating system or new heating
plant;
(b) new HVAC
controls;
(c) substantial
reconfiguration of interior partitions; or
(d) treatment of any portion of an existing
ventilation system, including but not limited to replacement, or
upgrades.
6143.2 Where
required under Rule 6143 compliance with ASHRAE 62-1989 shall be required
throughout all renovated sections of the school, in addition to any other
sections where the ventilation system is affected directly or indirectly by
components located within the renovated area.
6143.3 Project specifications for all new
construction, additions, or renovations shall include a building commissioning
plan. At a minimum, the building commissioning plan shall identify a process
for verifying the performance of the new or modified HVAC system(s) in
accordance with approved project specifications.
6143.4 The HVAC commissioning plan shall
clearly specify the procedure for verification of system performance, and shall
require certification by a registered engineer.
HVAC commissioning shall include but not be limited to
comprehensive testing of the equipment and controls in all operating modes. An
air balance report shall be prepared by a qualified professional, and shall be
utilized by the commissioning agent in assessing system performance. Prior to
the release of state funds, the school board shall submit to the Commissioner a
final HVAC commissioning report, certifying that all HVAC equipment and
controls were installed as specified, that the system is operating according to
manufacturer's and project specifications, and that all controls are properly
programmed. Bid specifications shall provide for the contractor to give school
building management personnel appropriate training, operating manuals for HVAC
components, and relevant information concerning equipment specifications,
operations, maintenance schedules and routines.
Section 6144 Finishes
The walls, ceilings and floors of a school shall be finished
with easily cleanable surfaces in all occupied parts of the building. Finishes
for all occupied areas shall use materials that emit as few VOC's as possible.
The school board shall allow sufficient time prior to occupancy for curing of
finishes and off gassing of potential pollutants.
Section 6145 Energy Retrofit Projects
Eligibility for State Aid.
Definition
"Energy retrofit projects" include any improvements
undertaken primarily to address excessive energy use or cost resulting from the
design characteristics of the building. Such projects may include but are not
limited to lighting retrofits, heat recovery, fuel conversions, HVAC systems
& controls, and thermal shell improvements.
6145.1 Cost Effectiveness
Only those projects which have completed a life cycle cost
analysis and demonstrate energy savings shall be eligible for construction aid.
The life cycle cost analysis shall utilize the estimated total project costs.
The life cycle cost analysis shall be for a period of time equal to the
anticipated life of the proposed improvement. Life cycle cost means the present
value purchase price of an item, plus the replacement cost, plus or minus the
salvage value, plus the present value of operation and maintenance cost.
Only those projects that are identified as being energy
cost-effective as determined by a registered professional engineer or certified
architect, shall be eligible for construction aid. A statement from the
engineer or architect shall accompany the school building aid
application.
Section
6200 VARIANCE
6201 On written
request of a school board, the State Board of Education may approve the use of
an alternative specification or procedure for a proposed construction aid
project for any requirement of these rules when it finds that the intent of the
rule can be met by the alternative.
6202 No alternative to these rules may be
approved under Rule
6200 which would contravene any
Vermont state or federal law or regulation other than these rules.
6203 The school board shall submit the
following when requesting a variance:
1)
Evidence that strict compliance with these rules could entail practical
difficulty, unnecessary cost or, hardships or is otherwise
unwarranted.
2) Evidence that the
alternative specification or procedure meets the intent of the rule.
6204 The State Board after
opportunity for hearing shall grant, deny or modify the request for a variance
stating its reasons therefor and any conditions attached thereto. The
Commissioner shall notify the applicant in writing of the action of the State
Board.
Statutory Authority:
16
V.S.A. §
3448
