027-9 Wyo. Code R. §§ 9-12 - Facility Design Standards and Guidelines

(a) The Commission's Facility Design Standards and Guidelines do not apply to existing school buildings and facilities and shall not be used for evaluating the adequacy of any existing school building or facility.

(b) For all Projects, as defined in W.S. 21-15-111(a)(iv), appropriated by the legislature or funded by the Commission, the Department shall include in the Project Agreement the most recent version of the Commission's applicable Facility Design Standards and Guidelines. The Department shall require that the Facility Design Standards and Guidelines incorporated in the Project Agreement govern the expenditure of state funds for that project for the duration of that project.

(c) In accordance with W.S. W.S. 21-15-114(a)(vii), the Commission shall adopt Facility Design Standards and Guidelines for the following types of school buildings and facilities:

(i) Educational Buildings;

(ii) Outdoor Physical Education Facilities; and

(iii) School Bus Maintenance and Parking Facilities.

(d) The Department shall include in the Project Agreement a provision requiring that when the Facility Design Standards and Guidelines are not specific on the type, quantity, or quality of a design element or component, the architect shall select the most efficient and cost effective type, quantity, or quality of the element or component, subject to approval by the Department. The provision shall further provide that if a district opts for an element or component exceeding that approved by the Department, such element or component shall be considered district-initiated and shall not be funded out of the capital construction budget.

(e) The Department shall include in the Project Agreement a requirement that, in the event the legislature funds a project of a type that is not covered by the Commission's existing Facility Design Standards and Guidelines, the architect shall work with the Department to ensure that the design is adequate, efficient and cost effective and shall utilize the Commission's existing Facility Design Standards and Guidelines in doing so to the extent those Guidelines are applicable.

(f) Project Agreements. Project Agreements define the duties and responsibilities of the Department and the district for construction and renovation of school buildings and facilities, including, but not limited to, determination of the most cost effective remedy, land purchase, design, procurement and construction. Prior to the beginning of any Project, as defined in W.S. 21-15-111(a)(iv), the Department and district shall sign a Project Agreement that enumerates what portion of the work is state funded. No work or disbursement of funds shall proceed on Projects until a Project Agreement is executed between the Department and the district. Districts shall not be reimbursed and the Department shall not pay for any work done on any portion of the project prior to the Director's authorization. Furthermore, the Department shall not pay for or reimburse any district for expenses incurred prior to the execution of the Project Agreement and a commission-approved contract with the professional service provider or contractor, with the exception of reasonable owner's overhead expenses.

(g) Districts shall provide to the Department, prior to the commencement of any capital construction project as that term is defined in W.S. 9-2-3001(b)(ii), an opportunity to review the final design, drawings and plans of the project. This review shall include, but is not limited to, consideration of whether the design, drawings and plans of the proposed project utilizes energy efficient best practice techniques and processes. This provision applies to any capital construction project for which the state is required to expend state funds to fully or partially pay for operations, routine maintenance or major maintenance expenses, including state-initiated remedies that include district-initiated elements and district-initiated projects.

(h) The Commission shall incorporate reasonable community and district input and participation for conforming an aesthetic design within the community when a new school building or facility is designed. The Commission shall defer to the reasonable aesthetic design choices of the district, provided that those design choices do not bring the building or facility to a condition exceeding the Commission's relevant adequacy standards.

Notes

027-9 Wyo. Code R. §§ 9-12

Adopted, Eff. 1/15/2020. Amended, Eff. 2/2/2022.