Title 63A, Title 63A: Utah Government Operations Code

63A-5b-102. Definitions. As used in this chapter: (1) "Capitol hill" means the same as that term is defined in Section. 63O-1-101 (2) "Compliance agency" means the same as that term is defined in Section. 15A-1-202 (3) "Director" means the division director, appointed under Secti…

63A-5b-1101. Gifts, grants, and donations. (1) The state or the division may receive a gift, grant, or donation to further the purposes of this part. A gift, grant, or donation described in Subsectionmay not revert to the General Fund. (1)(a) (2) This Subsectionapplies if: (2) a …

63A-5b-1102. Memorials by the state or state agencies. (1) As used in this section: "Authorizing agency" means an agency that holds title to state land. "Authorizing agency" does not mean a special district under, or a special service district under. Title 17B, Limited Purpose Lo…

63A-5b-1103. Making keys to buildings of state, political subdivisions, or colleges and universities without permission prohibited. (1) As used in this section: "Applicable government entity" means a state agency, a political subdivision of the state, the Utah Board of Higher Edu…

63A-5b-1104. Notification to local governments for construction or modification of certain facilities. (1) The director or the director's designee shall notify in writing the elected representatives of a local government entity directly and substantively affected by any diagnosti…

63A-5b-1105. Testing and inspection firm requirements. The director shall ensure that any person performing testing and inspection work governed by the American Society for Testing Materials Standard E-329 on a public building under the director's supervision: (1) fully complies …

63A-5b-1106. Critical land near state prison -- Definitions -- Preservation as open land -- Management and use of land -- Restrictions on transfer -- Wetlands development -- Conservation easement. (1) For purposes of this section: "Corrections" means the Department of Corrections…

63A-5b-1108. Water wise landscaping and state government facilities. (1) As used in this section: "Active use" means regular use for a community purpose, playing, exercise, recreation, or regular outdoor activities, such as: a sports field; a social gathering area; an amphitheate…

63A-5b-1109. Buildings and facilities to which chapter applies -- Standards available to interested parties -- Division of Facilities Construction and Management staff to advise, review, and approve plans when possible. (1) The standards in this section apply to all buildings and…

63A-5b-1201. General provisions -- Definitions. (1) This part does not apply to micro-education entities as defined in Section. 53G-6-201 (2) As used in this part: "Charter school" means the same as that term is defined in Section. 53G-5-102 "LEA" means a school district or chart…

63A-5b-1202. Division authority over public school construction -- Construction standards. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing comprehensive standards for public school construction that shall…

63A-5b-1203. Construction delivery methods -- Restrictions. (1) For public school construction exceeding $3,000,000, an LEA shall use one of the following delivery methods authorized under Section: 63G-6a-1302 design-bid-build; design-build; or a construction manager general cont…

63A-5b-1204. Architect and design professional cost oversight. (1) The division shall establish and publish maximum allowable fees for both basic services and complexities for architect and design professional services based on: project size and complexity; regional market condit…

63A-5b-1205. Plan review and approval authority. (1) In accordance with the division's permitting authority described in Section, the division shall review and approve or deny all construction documents for public school construction: 63A-5b-1218 within 10 business days; and befo…

63A-5b-1206. Mandatory technical compliance requirements. (1) The division shall establish and enforce specific technical standards including: fire wall construction and continuity requirements as described in International Building Code, Chapter 7; accessibility compliance verif…

63A-5b-1207. Online document management system. (1) The division shall develop and maintain an online document management system that: maintains all required construction and inspection documentation; enables real-time verification of compliance with statutes and rules; tracks pr…

63A-5b-1208. Inspection verification and monitoring. (1) The division shall establish inspection verification procedures that: go beyond simple attestation to verify actual compliance; include regular monitoring of inspection documentation; provide mechanisms for addressing nonco…

63A-5b-1209. Historical project documentation and information requests. (1) Upon written request from the division, an LEA shall provide: in accordance with Subsection, documentation and information regarding construction projects; (7) cost data, construction documents, and proje…

63A-5b-1210. Standardized cost reporting. (1) The division shall implement a standardized cost reporting system that: requires an LEA to report construction costs using consistent categories and formats; enables accurate cost comparison between projects and districts; tracks cost…

63A-5b-1211. Training and technical assistance. (1) In collaboration with the school construction liaison described in Section, the division shall develop and maintain a school construction resource manual including: 63A-5b-1212 current legal requirements; construction and inspec…

63A-5b-1212. School construction liaison -- Coordination with state board. (1) The state board shall designate a school construction liaison who: serves as the primary contact between the state board and the division on school construction matters; coordinates on educational prog…

63A-5b-1213. Division-managed construction services. (1) The division may provide comprehensive construction management services to an LEA, including: project procurement and contractor selection; construction oversight and inspection coordination; cost management and change orde…

63A-5b-1214. Construction oversight fee. (1) Except for an LEA that has hired a division approved project manager to provide services as described in this section, for all public school construction projects, an LEA shall pay the division a construction oversight, building offici…

63A-5b-1215. Enforcement and penalties. (1) If an LEA fails to comply with requirements established under this part, the division may: issue written warnings and compliance orders; suspend or revoke construction permits; require additional inspections at the LEA's expense; impose…

63A-5b-1216. Qualified contractor pre-qualification registry. (1) The division shall establish and maintain a pre-qualification registry of contractors and vendors eligible to bid on public school construction projects as an original contractor, as that term is defined in Section…

63A-5b-1217. Delegated oversight authority for qualified LEAs. (1) Notwithstanding any other provision of this part, the division may delegate oversight authority for school facility planning, design review, and construction plan approval to an LEA that has demonstrated internal …

63A-5b-1218. Construction permitting authority. (1) The division shall have exclusive authority to issue permits for public school construction projects. (2) In accordance with Sectionsand, counties and municipalities may not require separate permits for public school constructio…

63A-5b-1219. Public School Construction Oversight Restricted Account. (1) There is created within the General Fund a restricted account known as the "Public School Construction Oversight Restricted Account." The account shall be funded by: construction oversight fees collected un…

63A-5b-1220. Qualified inspector and plan reviewer roster. (1) The division shall establish and maintain a unified roster of qualified inspectors and plan reviewers for public school construction. (2) To be included on the roster, an inspector or plan reviewer shall: meet Interna…

63A-5b-1221. Appeals panel -- Composition -- Procedures. (1) There is created an appeals panel to resolve disputes between an LEA and the division regarding decisions made under this part. (2) The appeals panel shall consist of three members: the executive director of the Departm…

63A-5b-1222. Implementation and transition. (1) Before January 1, 2027, the division shall: in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt comprehensive rules implementing this part; establish the online document management system described in …

63A-5b-301. Creation -- Administration. There is created within the department the Division of Facilities Construction and Management, to be administered by a director.

63A-5b-302. Director of division -- Appointment. The executive director shall appoint the director of the division with the approval of the governor.

63A-5b-303. Duties and authority of division. (1) The division shall: subject to Subsection (1)(b), supervise and control the allocation of space, in accordance with legislative directive through annual appropriations acts, other legislation, or statute, to agencies in all buildi…

63A-5b-304. Agencies authorized to hold title -- Transfer of real property to a government entity. (1) As used in this section: "Agency property" means real property, as described in Subsection, that: (2) is owned by a title agency; and the title agency no longer uses or needs. "…

63A-5b-305. Duties and authority of director. (1) The director shall: administer the division's duties and responsibilities; report all property acquired by the state, except property acquired by an institution of higher education or the trust lands administration, to the directo…

63A-5b-401. Definitions. As used in this part: (1) "Capital development project" means: a remodeling or site or utility improvement project with a total cost of $3,500,000 or more; a new facility with a construction cost of $500,000 or more; or a purchase of real property if an a…

63A-5b-402. Capital development process -- Approval requirements. (1) Except as provided in Section, the division shall, on behalf of all agencies, submit capital development project recommendations and priorities to the Legislature for approval and prioritization. 63A-5b-404 (2)…

63A-5b-403. Institutions of higher education -- Capital development projects -- Dedicated and nondedicated projects -- Recommendations and prioritization. (1) As used in this section: "Dedicated project" has the same meaning as that term is defined in: Section, for a capital deve…

63A-5b-404. Exceptions to requirement of legislative approval for capital development projects. (1) Except as provided in this section, a capital development project may not be constructed on state property without legislative approval. The division may authorize a capital develo…

63A-5b-405. Capital improvement projects. (1) On or before January 15 of each year, the division shall, on behalf of all agencies, submit a list of anticipated capital improvement project requirements to the Legislature. The division shall ensure that the capital improvements pro…

63A-5b-406. Limitations on new projects. (1) The Legislature may authorize: the total square footage to be occupied by each agency; and the total square footage and total cost of lease space for each agency. (2) If construction of a new building or facility will require an immedi…

63A-5b-407. State Agency Capital Development Fund -- Creation -- Process. (1) There is created a capital projects fund known as the State Agency Capital Development Fund. The State Agency Capital Development Fund and this section do not apply to an institution of higher education…

63A-5b-501. Five-year building plan. (1) The director shall: in cooperation with agencies, prepare a master plan of structures built or contemplated; submit to the governor and the Legislature a comprehensive five-year building plan for the state containing the information requir…

63A-5b-502. Programming. (1) A program document may: incorporate written and graphic materials; and include: an executive summary; documentation of the methodology used to develop the programming; value and goal statements; relevant facts upon which the programming was based; con…

63A-5b-503. Planning Fund expenditures authorized -- Ceiling on expenditures -- Recovery. (1) The Planning Fund shall be used to make payments for engineering, architectural, and other planning expenses necessary to make a meaningful cost estimate of any facility or improvement w…