Arkansas Administrative Code

22 CAR § 100-103. Fund Corpus. (a) Funds will be collected and deposited pursuant to Acts 2009, Nos. 754 and 1363, for the purposes as stated in Acts 2009, No. 1372, as codified in Arkansas Code §§ 22-3-1901 — 22-3-1904. (b) The Sustainable Building Design Revolving Loan Fund is …

22 CAR § 100-104. Initial process overview. (a)(1) Any agency which does not have sufficient appropriation and/or funding to complete desired energy efficient upgrades for state-owned facilities may participate in the Sustainable Building Design Program for State Agencies for ren…

22 CAR § 100-201. Fund. There shall be established within the Building Authority Division a separate and segregated account for the purpose of ensuring the viability of the Sustainable Building Design Program for State Agencies through the creation of an inviolate corpus (princip…

22 CAR § 100-202. Annual loans. (a) Projects funded during a regular fiscal annual loan period. These loans are submitted through the regular annual loan cycle with projects and expenditures occurring between July 1 and June 30 of each year. (b)(1) No loan shall be made for two h…

22 CAR § 100-301. Eligibility to apply. (a) Applicants for funding from the Sustainable Building Design Revolving Loan Fund shall be agencies, boards, and commissions of the State of Arkansas which: (1) Receive general revenue funding; and (2) Are authorized by law to make renova…

22 CAR § 100-302. Loan review criteria. (a)(1) The Building Authority Division shall only approve those projects which exceed two hundred fifty thousand dollars ($250,000) for the renovations of existing state-owned facilities which the division determines to be of value for sust…

22 CAR § 100-303. Loans. (a) There is only one (1) category of loans for which application may be made. (b) Annual loans. Projects funded during a regular annual loan cycle with projects and expenditures occurring between July 1 and the following June 30. (c) Origination fees. (1…

22 CAR § 100-304. What is and is not funded. (a) Only those projects which conform to the purposes defined in the legislation, rules, and loan application procedures will be considered. (b) No loan funds shall be used to fund any other project or in any manner not defined within …

22 CAR § 100-305. Loan elements. (a) Design professional, consultant, and ESCO contracts. (1) Licensed design professionals shall prepare plans and specifications for sustainable projects funded with the funds. (2)(A) Contracts for such professionals, consultants, and ESCOs shall…

22 CAR § 100-306. Application instructions. (a) Application form. (1) Each loan application must include a completed loan application form. (2) Loan applications may include more than one (1) like project. (b) Approval by the agency’s chief executive officer and other approval. (…

22 CAR § 100-307. Review committee meetings. (a) A meeting with the Sustainable Building Design Program Review Committee shall be held at the Director of the Building Authority Division’s discretion, but no less than once a year. (b) At that meeting, a report of the funds collect…

22 CAR § 100-308. Legal, financial, and reporting requirements for loan recipients. (a) Contracts. (1)(A) After award decisions are made, award letters, contracts, final budget forms, and instructions shall be mailed to recipients. (B) All documents are to be completed, signed, a…

22 CAR § 101-101. Purpose. The purpose of this part is to administer and implement Arkansas Code § 22-10-101 et seq., regarding partnerships for public facilities and infrastructure.

22 CAR § 101-102. Definitions. As used in this part: (1) “Affected local jurisdiction” means: (A) A county, a city of the first class, a city of the second class, an incorporated town, or a school district in which all or a portion of a qualifying project is located; or (B) Any o…

22 CAR § 101-103. Responsible public entity application. (a) Prior to issuing an RFP, any public entity wanting to utilize the Partnership for Public Facilities and Infrastructure Act, Arkansas Code § 22-10-101 et seq., for the development of partnership projects must submit an a…

22 CAR § 101-104. Requests for proposals. (a) A responsible public entity (RPE) may issue a request for proposal (RFP) or an invitation for bid (IFB) for the development of a qualifying project if the RPE determines: (1) There is a public need or benefit from the type of qualifyi…

22 CAR § 101-105. RFP evaluation criteria. (a)(1) RFPs should ascertain the private entity’s capability to: (A) Complete the proposed qualifying project in a timely manner; and (B) Ensure that proposed benefits will be derived throughout the life of the project. (2) RFPs should r…

22 CAR § 101-106. Qualifying projects. (a) A qualifying project shall: (1) Be located on real property owned or leased by a public entity; and (2) Include any improvements necessary or desirable to unimproved real property owned by a public entity. (b) The RPE’s development of a …

22 CAR § 101-107. Interim and comprehensive agreements. (a) Interim agreements. (1)(A) Interim agreements are not required but are encouraged and may be used where additional information is needed to further develop the concept of the qualifying project or to leave open items for…

22 CAR § 101-108. Timelines. (a) The following timelines shall be followed for the development of qualified projects. (b) If an RPE has requested and been approved for an accelerated timeline, the expedited timeline shall be followed for the selection of a qualified project. (c) …

22 CAR § 101-109. Fees. (a) Proposals which have technical, complex, or specialized information may require expert evaluation and review by third-party independent advisors and consultants to the RPE. (b)(1) The RPE may charge reasonable, nonrefundable fees to private entities to…

22 CAR § 101-110. Conditions. (a) Eminent domain. (1) A public entity may exercise its right of eminent domain under applicable law in connection with the development of a qualifying project. (2) The power of eminent domain shall not be delegated to a private entity with respect …

22 CAR § 110-101. Scope. (a) This subchapter shall be known as the Department of Shared Administrative Services, Building Authority Division, Building Authority Minimum Standards and Criteria (MSC). (b)(1) Copies of this subchapter may be obtained from the division. (2) It may al…

22 CAR § 110-102. Purpose. (a) The Building Authority Division has various duties and responsibilities involving: (1) Capital improvements; (2) Real estate transfers; and (3) Leases. (b) Capital improvements are overseen and managed in part by the: (1) Construction Section; (2) D…

22 CAR § 110-103. Function. (a) Although the Building Authority Division has specific tasks which it carries out daily basis, it also has within its organization the expertise to serve various state entities in the resolution of special problems relating to state-owned and leased…

22 CAR § 110-104. Organization. (a)(1) The Building Authority Division functions under the guidance of the Secretary of the Department of Shared Administrative Services pursuant to Arkansas Code § 22-2-101 et seq., also known as the Building Authority Division Act. (2)(A) The div…

22 CAR § 110-105. Regulatory authority. (a) The authority of the Building Authority Division to issue rules is established by Arkansas Code § 22-2-101 et seq. (b) All departments, divisions, and other entities within the Building Authority Division jurisdiction are within the jur…

22 CAR § 110-106. Definitions. (a) The Americans with Disabilities Act of 1990 Accessibility Guidelines, 42 U.S.C. § 12101 et seq., definitions are located in 22 CAR § 111-1001. (b) As used in this subchapter: (1) “Addendum/addenda” means a supplement or supplements to the bid do…

22 CAR § 111-1001. Accessibility for individuals with disabilities standards generally. (a) Purpose. (1) The requirements in this standard are intended to make buildings and facilities accessible to and usable by individuals with disabilities such as, but not limited to: (A) The …

22 CAR § 111-1002. Review authority. (a) The Design Review Section is responsible for the review of accessibility standards and criteria for capital improvement projects of those state departments under its jurisdiction and for public school new construction projects. (b) See Ark…

22 CAR § 111-1003. Acts, codes, and standards. (a)(1) There are numerous codes and standards which address accessibility issues in the constructed environment. (2) The most common are the 2010 Americans with Disabilities Act Standards for Accessible Design which is the current st…

22 CAR § 111-1004. Owner/department responsibilities. (a) Owners are responsible for ensuring all facilities are compliant with accessibility acts, laws, and codes. (b) Owners should evaluate facilities for the minimum scoping requirements, such as minimum number and types of acc…

22 CAR § 111-1005. Construction document submittal requirements. (a)(1) Unless the project has been approved under the delivery method, a full set of plans and specifications should be submitted to the Design Review Section for review when the documents are one-hundred-percent co…

22 CAR § 111-101. Design professional services selection procedures generally. (a)(1) To ensure an equitable opportunity for all practicing design professionals and in accordance with the Building Authority Division Act, Arkansas Code § 22-2-101 et seq., the Building Authority Di…

22 CAR § 111-102. Selection authority schedule. (a)(1) Departments’ whose funds have been appropriated by the General Assembly to the department or appropriated to the Building Authority Division for specific buildings within Pulaski County shall have the responsibility for selec…

22 CAR § 111-103. Authorization to conduct selection. (a)(1) Advertising shall not be implemented until approved by the Design Review Section. (2) The Design Review Section shall assign the solicitation process the appropriate request for qualifications (RFQ) number for tracking …

22 CAR § 111-104. Public notifications required. (a) After approval by the Design Review Section to conduct selection procedures, the selecting department shall be required to publish a notification that design professional services are being solicited. (b) A notice shall be publ…

22 CAR § 111-105. Design professional qualifications. The following are minimum qualifications required for design professionals desiring to contract for design services with the state: (1) All design professionals shall demonstrate their capability to perform the design of the p…

22 CAR § 111-106. Responding procedures. (a) Allow a minimum of one (1) week after the last advertisement for the receipt of responses from interested design professionals. (b) Responses shall be: (1) In writing and in the format stipulated in the RFQ (fax and email are not accep…

22 CAR § 111-107. Selection method. (a) After the response period, if the receiving department decides to proceed, it shall take one (1) of the following actions: (1)(A) For design professional type services or single project contracts wherein the estimated construction cost is l…

22 CAR § 111-1101. Grading standards generally. (a) To promote good drainage, ease of maintenance, and ease of travel in and around state facilities, the minimum slopes or grades shall be established. (b) Where existing natural grades prohibit regrading to these standards without…

22 CAR § 111-1102. Standards for grading around structures. CONDITIONSMAXIMUMMINIMUMPREFERRED Side slopes with vehicular access10%10:12.0%50:11 – 3% Back slopes with vehicle access15%6.6:12.0%50:11 – 5% Side slopes without vehicular access15%6.6:12.0%50:11 – 10% Back slopes witho…

22 CAR § 111-1103. Standards for grading streets and ways. CONDITIONSMAXIMUMMINIMUMPREFERRED Crown of improved streets3%33:11%100:12% Crown of unimproved streets3%33:12%50:12.5% Side slopes on walks4%25:11%100:11 – 2% Tree lawns20%5:11%100:12 – 3% Slope of shoulders15%6.6:11%100:…

22 CAR § 111-1104. Standards for drainage channels. CONDITIONSMAXIMUMMINIMUMPREFERRED Swale side slopes10%10:11%100:12% Longitudinal slope of swales-grass invert8%12:11%100:12% Longitudinal slope of swales-paved invert12%8.3:10.5%200:15% Ditch side slope-grass invert8%12:11%100:1…

22 CAR § 111-1201. Roofing system requirements generally. (a) These minimum roofing system requirements are to provide design professionals and state personnel with functional, working guidelines to aid in the determination of the required roofing systems and specifications. (b) …

22 CAR § 111-1202. Determination of the proper roof system. (a) In designing and specifying the proper roof system for a new building, the following should be considered: (1) Type of building refers to a state-owned or leased property (library, office buildings, campus buildings,…

22 CAR § 111-1203. Steep roofing. (a)(1) Asphalt shingles on sloped roofs shall be Class "A", fiberglass based, asphalt shingles with a recommended twenty-five-year minimum limited warranty over felt underlayment installed as per manufacturer's specifications minimum slope, four …