Ohio Administrative Code 3318:1 — Ohio Facilities Construction Commission | Ohio School Facilities Commission

Chapter 3318:1-1 Organization and Procedures

Ohio Adm.Code 3318:1-1-04 Procedure for consideration of projects.

(A) Pursuant to section 3318.03 of the Revised Code, the commission shall make determinations in favor of proceeding with school district projects. Pursuant to division (A) of section 3318.06 of the Revised Code, the commission may conditionally approve school district projects. Such conditional approval shall be submitted to the controlling board for approval thereof.

(B) Whereas the conditional approval of the commission is necessary prior to controlling board approval, the commission shall adhere to the following procedure for approval of school district projects.

(1) The commission shall convene a regularly scheduled meeting, as called by the chair, to approve school district projects.

(2) The executive director or the executive director's designee shall present a recommendation to the commission for approval of each school district project which may be funded within the appropriations given to the commission and which has met all other eligibility criteria set forth in Chapter 3318. of the Revised Code. The executive director may present a listing of school district projects to be approved that provides the name of each school district, the scope of the project, the total project budget and the state and local share.

(3) The commission will vote approval or disapproval of each school district project, as set forth in Chapter 3318. of the Revised Code. The commission may approve multiple projects listed on an appendix or exhibit in one vote.

(4) Following approval of the project and obtainment of local funding, the commission may authorize the executive director or the executive director's designee to enter into a project agreement pursuant to section 3318.08 of the Revised Code.

(5) Following approval of the project and obtainment of local funding, the commission may authorize the executive director or the executive director's designee to take actions necessary to administer the performance of the project agreement.

Last updated January 23, 2023 at 11:24 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 3318:1-1-05 Procedure for consideration of contracts.

(A) In accordance with division (A) of section 123.20 of the Revised Code, the commission may contract with, retain the services of, or designate, and fix the compensation of, such agents, accountants, consultants, advisers, and other independent contractors as may be necessary or desirable to carry out the programs authorized under Chapter 3318. of the Revised Code.

(B) In accordance with section 3318.10 of the Revised Code, when the construction multiple prime bids for all branches of work and materials have been tabulated, the contract shall be awarded by the school district board to the lowest responsible bidder subject to the approval of the commission.

In addition, the commission may also approve contracts that utilize project delivery methods for construction as authorized by the Revised Code, including single prime, design-build, and construction manager at risk.

(C) In accordance with section 3318.091 of the Revised Code, the employment of a qualified professional person or firm to provide professional design services for the project is subject to the approval of the commission.

(D) Pursuant to paragraphs (A) to (C) of this rule, the commission shall adhere to the following procedure for the approval of contracts.

(1) The commission shall convene regular or special meetings, as called by the chair, to approve contracts.

(2) The executive director or a designee shall present a recommendation to the commission for approval or disapproval of each proposed contract, as set forth in Chapter 3318. of the Revised Code. The executive director may present a listing of contracts to be approved that provides a description of the selection process, the name of each contractor, and the amount of the contract.

(3) The commission will vote approval or disapproval of each contract request. The commission may approve multiple contracts listed on an appendix or exhibit in one vote.

(4) Following approval of the contract, the commission may authorize the executive director or a designee to take actions necessary to administer the performance of the contract.

(5) Notwithstanding paragraphs (D)(1) to (D)(4) of this rule, the commission may delegate the function of approval of contracts to its executive director.

Last updated September 7, 2022 at 11:08 AM

History

• Effective: March 25, 2018
• Promulgated Under: 119.03

Chapter 3318:1-3 Calculation of Basic Project Cost-Project Budget

Ohio Adm.Code 3318:1-3-01 Procedure for determining basic project cost.

(A) Pursuant to section 3318.01 of the Revised Code, the Ohio facilities construction commission shall use the calculations identified in this rule to determine the basic project cost for new school facilities and additions to existing facilities. The cost calculations referenced in this rule are contained in the Ohio school design manual, published by the Ohio facilities construction commission and are updated annually. The 2021 Ohio school design manual shall be made available on the commission's website, ofcc.ohio.gov.

(B) In consultation with the school district, a master facilities plan will be developed indicating the disposition of all current buildings, and enrollment and grade configurations of each building to be built or renovated. The appropriate amount of square footage per student or full time equivalent student for each building shall be specified by the Ohio school design manual, according to grade level, number and type of students to be housed. The square foot cost of a new building is based on the grade configuration and number of students to be housed in the building. The square foot cost of an addition to an existing building is based upon the grade configuration and square footage of the addition.

(C) For the purposes of establishing cost modification factors for various regions of the state, the state will be divided into nine different regions as specified in the Ohio school design manual.

(D) The Ohio school design manual shall be used for the purpose of calculating all probable costs required to design and construct a school building, including both construction and non-construction costs. The cost calculation also takes into consideration the following factors:

(1) For the purposes of establishing an overall cost per square foot of building summary, historical cost data, bid result analysis, inflation and analysis of current project costs will be used.

(2) The construction costs are included as part of the overall, all inclusive, square foot costs. These items include site development costs and building costs.

(3) Non-construction costs are included as part of the overall, all inclusive, square foot costs.

(E) An allowance may be provided in the basic project cost for demolition of buildings that are being taken out of service. The state share of any unused portion of the demolition allowance shall be withheld by, or returned to, the commission upon completion of the project.

(F) Notwithstanding the above provisions, the commission may waive certain square footage criteria for special conditions, including but not limited to student populations having special needs.

(G) Pursuant to section 3318.01 of the Revised Code, the assessment guidelines will be used to determine basic project cost for the renovation of existing classroom structures and eligible vocational education space.

Assessment cost guidelines are contained in the Ohio school design manual, which is available at the commission website at ofcc.ohio.gov.

(H) An enhanced environmental assessment may be performed by the commission to verify hazardous material abatement costs included in the basic project cost.

(I) The size of an addition shall be determined by subtracting the existing square footage from the required square footage. Under specific circumstances the commission may reduce the recognized existing square footage to account for oversized existing spaces and unusable spaces, and may provide additional dollars per square foot where reprogramming requires the relocation of existing walls.

Last updated January 23, 2023 at 10:25 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 3318:1-3-02 Procedure for budget development and budget adjustments.

(A) The design specifications and materials, and the formula contained in the Ohio school design manual, as specified in rule 3318:1-3-01 of the Administrative Code and published by the Ohio facilities construction commission at ofcc.ohio.gov, to determine basic project cost, shall be used to determine the budget for new facilities and additions to existing facilities. The formula takes into consideration the square footage and cost per square foot necessary for the grade levels to be housed in the facility, the variation across the state in construction and related costs, the cost of the construction and the professional design and administration fees associated with a project.

(B) The project budget is based on the basic project cost for new construction, additions, and renovations. The assessment cost guidelines approved by the commission are used to determine the budget for the renovation of existing facilities.

(C) After the master facilities plan and scope of the project has been determined, the commission will provide a project budget breakdown to the school district. The project budget breakdown will establish the amount and line items of the construction budget and the non-construction budget.

(D) In the event there is a budget surplus during any phase of a project, the commission will not approve increasing the scope of the project beyond the standards, specifications and recommended alternatives provided in the design manual, or adding square footage.

(E) The commission will not approve the use of project dollars to fund systems that exceed the standards set forth in the design manual, except as approved by a variance committee established by the commission.

(F) Should the construction contingency become depleted, the first source of money used to replenish it will be the investment earnings credited to the project construction fund. If the fund, including all investment earnings credited to the fund, becomes depleted by payments of proper project costs, the school district and commission agree to complete the project, with each contributing additional moneys in proportion to their respective contribution to the fund, pursuant to section 3318.083 of the Revised Code.

(G) To manage circumstances that require an acknowledgment of a modification of the project scope or potential increase in the total project budget, and to implement proportional sharing provisions pursuant to Chapter 3318. of the Revised Code, the following procedure will be used.

(1) When circumstances occur that appear to make necessary a modification of the project scope or adjustment to the total project budget, because the circumstance cannot be addressed solely through management solutions within design standards and construction specifications, commission staff will evaluate the situation and may make a recommendation to the executive director.

(2) The executive director will review the recommendation of commission staff and determine whether the situation requires an acknowledgment of a modification of the project scope or potential increase in the total project budget.

(3) Should the executive director conclude that an acknowledgment is required in order for the project team to move forward without delay, a notice of intent to amend the project agreement will be issued, indicating the recommendation to seek the approval of the commission and the controlling board to approve any modification in the project scope and, if the total project budget is insufficient to enter into contracts or if the contingency reserve and all investment earnings on project funds should become depleted before or at completion of the project, to contribute the state's proportional share of an actual cost overrun.

(4) The school district board shall acknowledge by resolution the obligation to share the school district's portion of an actual cost overrun in proportion to their respective contribution to the project construction fund, if the total project budget is insufficient to enter into contracts or if the contingency reserve and all investment earnings on project funds should become depleted before or at completion of the project.

(5) The approval of the commission and controlling board to amend the master plan and project agreement will be sought prior to the award of construction contracts or "Guaranteed Maximum Price" amendment that cannot be fully funded within the existing budget. The amount of any increase in the project budget may be greater than or less than the notice of intent to amend the project agreement amount, due to updated expense and revenue figures. A notice of intent to amend the project agreement need not be followed by a budget increase, should circumstances allow the project to be completed within the existing project budget.

(6) In the event that implementing a notice of intent to amend the project agreement before a budget increase or scope change would cause construction delays or present a life safety hazard, the commission and the school district may pursue the budget increase or scope change without first implementing a notice of intent to amend the project agreement.

Last updated January 23, 2023 at 10:25 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Chapter 3318:1-5 Exceptional Increases in Enrollment

Ohio Adm.Code 3318:1-5-01 Additional classroom facilities assistance for an exceptional increase in enrollment.

(A) A district may be considered to have an exceptional increase in enrollment, for the purposes of securing additional state funding for facilities improvements pursuant to section 3318.04 of the Revised Code, if a school district demonstrates to the satisfaction of the Ohio facilities construction commission it meets the following criteria:

(1) The district has an enrollment that exceeds one hundred fifteen per cent of design capacity in the school district's master facilities plan;

(2) The population does not include open-enrollment students from outside the district;

(3) The situation has existed for a minimum of three consecutive years; and

(4) The situation cannot be rectified by shifting student population between buildings in the school district

(B) A school district shall notify the commission in writing of an exceptional increase in enrollment that meets all the criteria in paragraph (A) of this rule and present to the commission evidence of such increase.

(C) The commission will review the programming and grade configurations of the district to identify whether students can be shifted among different buildings or space within a single facility to eliminate overcrowding.

(D) The commission will review the master plan of the district to verify a district's design capacity and may conduct an enrollment projection study of the district.

(E) Upon commission review and verification that a school district meets all the criteria in paragraph (A) of this rule, the commission may consider providing additional state funding for facilities improvements pursuant to section 3318.04 of the Revised Code. The commission shall provide written notification to the school district of the final determination.

Last updated September 7, 2022 at 11:08 AM

History

• Effective: April 26, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 3318:1-5-02 Waiver of the two-thirds guideline for new construction vs. renovation.

(A) The Ohio facilities construction commission may approve master plans that incorporate variances from its planning guidelines. A master plan may include the renovation of buildings where the cost of renovation exceeds two-thirds the cost of new construction and may include the replacement of facilities where the cost of renovation is less than two-thirds the cost of new construction as calculated under rule 3318:1-3-01 of the Administrative Code.

(B) Commission staff shall evaluate requests for such waivers and make a recommendation to the commission. The commission approval of the master plan shall constitute approval of the waiver.

(C) Without limitation, factors to be considered in evaluating such requests include:

(1) Historical significance of the building;

(2) The overall quality of the spaces, including such factors as access to light and air;

(3) The overall quality of the space in supporting education;

(4) Functionality and adjacency of spaces within the school building;

(5) Adequacy of means of egress;

(6) Adequacy of site;

(7) Logical and efficient circulation patterns of students and staff;

(8) Ability to meet requirements of the Americans with Disabilities Act;

(9) Adequacy of the typical classroom size;

(10) Ease of expansion; and.

(11) Consideration of long-term durability of existing building systems.

(D) The commission shall also consider the educational adequacy of the building if it were renovated according to 2021 Ohio school design manual standards, which can be found on the commission's web site at ofcc.ohio.gov, including but not limited to the factors listed in paragraphs (C)(1) to (C)(11) of this rule as well as:

(1) The scope and cost of renovations required for the facility to be educationally adequate.

(2) The context of the entire master plan and the practical considerations of phasing of work, making space available for instruction during the build out of the entire district facility needs, site constraints, and community concerns.

Last updated January 23, 2023 at 11:24 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 3318:1-3-01

(A) Pursuant to section 3318.01 of the Revised Code, the Ohio facilities construction commission shall use the calculations identified in this rule to determine the basic project cost for new school facilities and additions to existing facilities. The cost calculations referenced in this rule are contained in the Ohio school design manual, published by the Ohio facilities construction commission and are updated annually. The 2021 Ohio school design manual shall be made available on the commission's website, ofcc.ohio.gov.

(B) In consultation with the school district, a master facilities plan will be developed indicating the disposition of all current buildings, and enrollment and grade configurations of each building to be built or renovated. The appropriate amount of square footage per student or full time equivalent student for each building shall be specified by the Ohio school design manual, according to grade level, number and type of students to be housed. The square foot cost of a new building is based on the grade configuration and number of students to be housed in the building. The square foot cost of an addition to an existing building is based upon the grade configuration and square footage of the addition.

(C) For the purposes of establishing cost modification factors for various regions of the state, the state will be divided into nine different regions as specified in the Ohio school design manual.

(D) The Ohio school design manual shall be used for the purpose of calculating all probable costs required to design and construct a school building, including both construction and non-construction costs. The cost calculation also takes into consideration the following factors:

(1) For the purposes of establishing an overall cost per square foot of building summary, historical cost data, bid result analysis, inflation and analysis of current project costs will be used.

(2) The construction costs are included as part of the overall, all inclusive, square foot costs. These items include site development costs and building costs.

(3) Non-construction costs are included as part of the overall, all inclusive, square foot costs.

(E) An allowance may be provided in the basic project cost for demolition of buildings that are being taken out of service. The state share of any unused portion of the demolition allowance shall be withheld by, or returned to, the commission upon completion of the project.

(F) Notwithstanding the above provisions, the commission may waive certain square footage criteria for special conditions, including but not limited to student populations having special needs.

(G) Pursuant to section 3318.01 of the Revised Code, the assessment guidelines will be used to determine basic project cost for the renovation of existing classroom structures and eligible vocational education space.

Assessment cost guidelines are contained in the Ohio school design manual, which is available at the commission website at ofcc.ohio.gov.

(H) An enhanced environmental assessment may be performed by the commission to verify hazardous material abatement costs included in the basic project cost.

(I) The size of an addition shall be determined by subtracting the existing square footage from the required square footage. Under specific circumstances the commission may reduce the recognized existing square footage to account for oversized existing spaces and unusable spaces, and may provide additional dollars per square foot where reprogramming requires the relocation of existing walls.

Last updated January 23, 2023 at 10:25 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 3318:1-5-03 Variance from the provisions of the design manual.

(A) The Ohio facilities construction commission may approve a design element that varies from the provisions contained in the Ohio school design manual when a school district demonstrates good cause.

(B) The requests will be evaluated by commission staff and approved or disapproved by the executive director. Without limitation, factors considered in approving or denying such requests are:

(1) Educational adequacy;

(2) Practicality;

(3) Durability and serviceability of materials and systems;

(4) Operational efficiency;

(5) Life cycle cost;

(6) Construction cost.

(C) Variance requests shall be prepared by the architect of record or criteria architect and submitted to the commission prior to the incorporation of the variance into the project design. A variance cannot be incorporated into the project design until approved by the commission.

(D) Procedural protocol for submission of variance requests shall be as established by the commission staff.

(E) A variance committee comprised of commission staff will evaluate requests for variances monthly or more frequently as deemed appropriate. The variance committee will make a recommendation to the executive director for a determination.

(F) The executive director will review the recommendation of the variance committee and the variance request and shall make a determination to approve, conditionally approve or to deny the request.

Last updated September 7, 2022 at 11:08 AM

History

• Effective: April 26, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 3318:1-5-04 Limitations on state funding for the renovation of existing school buildings.

(A) Pursuant to section 3318.03 of the Revised Code, the Ohio facilities construction commission may, at the request of a school district board of education, approve a master plan, which includes renovation projects that exceed the cost of new construction for the student population assigned. The projected cost for such renovation projects shall be determined pursuant to rule 3318:1-3-01 of the Administrative Code, and such renovation projects shall meet the requirements of rule 3318:1-5-02 of the Administrative Code. In no case shall the state contribution to such renovation project exceed the state share of the cost of new construction.

(1) The cost of new construction for the same grade configuration and projected enrollment shall be determined according to rule 3318:1-3-01 of the Administrative Code that defines the calculation of the project budget. The cost shall not include items such as an allowance for demolition, swing space, environmental abatement or warm, safe and dry expenditures to stabilize an existing structure prior to replacement or other items as determined by the commission.

(2) The maximum amount of the co-funded portion of a renovation project shall be the cost for a new facility determined under paragraph (A)(1) of this rule, which shall be calculated at the time the master plan is approved for funding by the controlling board, or, for segments of accelerated urban projects, at the time the project agreement for that segment is signed.

(B) The cost of the work associated with the preservation or restoration of items including, but not limited to, ornamental plaster, terra cotta pieces, and antique painting will not be co-funded by the state. The cost of work associated with preservation, restoration or replacement of existing building systems with like materials including but not limited to, clay tile or slate roofing material will be co-funded by the state only up to the average budgeted cost for Ohio school design manual compliant building systems.

(C) The commission, prior to award of any contract or before approval of any change order, shall require that a district certify the availability of local resources to fund renovation costs in excess of the maximum co-funded dollar amount calculated under paragraph (A) of this rule, which is necessary to achieve the renovations in the accepted assessment report and master plan and to fund any anticipated work described in paragraph (B) of this rule.

Last updated January 23, 2023 at 11:24 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Chapter 3318:1-6 Vocational Facilities Assistance Expedited Local Partnership Program

Ohio Adm.Code 3318:1-6-01 Vocational facilities assistance expedited local partnership program.

(A) Pursuant to section 3318.46 of the Revised Code there is hereby created the vocational facilities assistance expedited local partnership program whereas:

(1) A district that cannot reasonably expect to be served under sections 3318.40 to 3318.45 of the Revised Code within two years shall be eligible to apply for participation in the program.

(2) To apply districts must submit a resolution of intent to participate in the program adopted by the district board of education.

(3) The commission will provide participating joint vocational school districts with a district-wide assessment.

(4) The commission and district will develop a district-wide master facilities plan in compliance with all applicable criteria contained in the 2017 Ohio school design manual, which can be found at ofcc.ohio.gov/Resources/DesignManual(OSDM).aspx. The commission may, for good cause, waive its standards for replacement of facilities in the master plan.

(5) The master plan shall require district board, commission and state controlling board approval.

(6) The basic project cost shall be determined pursuant to section 3318.40 of the Revised Code.

(7) Participating districts may expend local resources on a separate and discrete portion of their master plan, either major new construction or major renovation and later qualifying expenditures are deducted from the district share of the basic project cost when the district becomes eligible under sections 3318.40 to 3318.45 of the Revised Code.

(8) Prior to beginning construction on a discrete portion that has been approved by the commission, the district shall:

(a) Secure funding for the discrete portion prior to entering into an agreement under section 3318.46 of the Revised Code.

(b) Establish a maintenance fund and agree to a schedule of deposits based on the value of the discrete portion pursuant to section 3318.43 of the Revised Code.

(c) Enter into an agreement pursuant to section 3318.46 of the Revised Code with the commission establishing the qualifying expenditures for the discrete portion and the administrative and audit requirements of the program.

(B) Once the district becomes eligible under sections 3318.40 to 3318.45 of the Revised Code, the commission will assess the facility needs of the district and develop a district-wide master plan taking into account the following:

(1) If work executed in the discrete portion constitutes a complete building, building addition or complete renovation of a building, the commission shall not include this work in the reassessment.

(2) If work executed in the discrete portion must be replaced pursuant to the reassessment, the commission may require that a district pay the full cost of replacement. In no case shall the commission both credit work in the discrete portion and also provide funding for replacement of the same work in the co-funded master plan.

(3) The commission may, for good cause, waive its standards for replacement of facilities.

(4) The basic project cost shall be recalculated based on the reassessment and shall include the amount of qualifying expenditures made by the district under paragraph (A) of this rule.

(5) State and local percentages of the basic project cost shall be determined based on the three-year average valuation per pupil of the district under section 3318.011 of the Revised Code in the fiscal year immediately preceding the year in which they become eligible to be served under sections 3318.40 to 3318.45 of the Revised Code.

(6) The commission shall deduct the district qualifying expenditures made by the district under paragraph (A) of this rule from the district portion of the basic project cost.

(a) If the expenditures are less than the total amount of the district share required for state assistance under sections 3318.40 to 3318.45 of the Revised Code, the district shall pay any additional amount required.

(b) If the district has spent more than the required local share on approved expenditures, the commission may reimburse the district for the amount spent above the required local share. The commission shall not expend any state funds on a project in an amount greater than the state portion of the basic project cost. Any monies reimbursed to the district shall be used to pay debt the district owes for facilities constructed under its project before such monies are applied to any other purpose.

(C) The commission funds are contingent upon the availability of lawful appropriations by the general assembly. If the general assembly fails at any time to continue funding for the commission or its building assistance programs, including the payments and other obligations that will become due hereunder when the district becomes eligible for state building assistance under sections 3318.40 to 3318.45 of the Revised Code, the obligations of the commission are terminated as of the date that the funding expires without further obligation of the commission.

Last updated September 7, 2022 at 11:08 AM

History

• Effective: April 26, 2018
• Promulgated Under: 111.15

Ohio Adm.Code 3318:1-6-02 Assistance for districts that have entered into a vocational facilities assistance expedited local partnership agreement.

In any fiscal year, the Ohio school facilities commission may, at its discretion, provide assistance under sections 3318.40 to 3318.45 of the Revised Code to a school district that has entered into an expedited local partnership agreement under section 3318.46 of the Revised Code before the district is otherwise eligible for that assistance based on its percentile rank, if the commission determines all of the following:

(A) The district has made an expenditure of local resources under its expedited local partnership agreement on a discrete part of its district-wide project.

(B) The district is ready to fund its complete district-wide project. To be considered funding ready, a district must have an established credit and its full local share required for the completion of the co-funded project and is able to satisfy the maintenance fund requirement in section 3318.43 of the Revised Code without the approval of a further ballot issue.

(C) Sufficient state funds have been appropriated for classroom facilities projects for the fiscal year to pay the state share of the district's project after paying the state share of projects for all of the following:

(1) Districts that previously had their conditional approval lapse pursuant to section 3318.05 of the Revised Code;

(2) Districts eligible for assistance under division (B)(2) of section 3318.04 of the Revised Code;

(3) Districts participating in the exceptional needs school facilities assistance program under section 3318.37 or 3318.371 of the Revised Code;

(4) Districts participating in the accelerated urban school building assistance program under section 3318.38 of the Revised Code.

Assistance under this section shall be offered to eligible districts in the order of their percentile rankings at the time they entered into their expedited local partnership agreements, from lowest to highest percentile. In the event that more than one district has the same percentile ranking, those districts shall be offered assistance in the order of the date they entered into their expedited local partnership agreements, from earliest to latest date.

Last updated September 7, 2022 at 11:08 AM

History

• Effective: April 30, 2015
• Promulgated Under: 111.15

Chapter 3318:1-7 Community Schools Classroom Facilities Loan Program

Ohio Adm.Code 3318:1-7-01 Community schools classroom facilities loan guarantee program procedure for application and risk management.

(A) To be considered for participation in the community schools classroom facilities loan guarantee program (the program), the governing authority of a "start-up community school" shall apply to the commission and provide such additional requested data and documents as are deemed necessary for evaluating the application. "Start-up community school" means a "new start-up school" as that term is defined in division (A) of section 3314.02 of the Revised Code. Additional requested data and documents may include, but are not limited to the following:

(1) School information including name, sponsoring authority, contract information, enrollment information, and contact information.

(2) Governing authority information, identifying the president and treasurer of the governing authority.

(3) Classroom facilities project information describing the project to be financed.

(4) Loan information identifying the loan amount, term, number of payments, payment amount, interest rate, total principal and interest, and amount of guarantee requested.

(5) Other relevant information including, but not limited to, information on all existing direct and contingent loan and lease obligations of or on behalf of the school, loan history, conflicts of interest, and pending litigation that could have an adverse financial impact on the applicant.

(B) Applicants to the program must be deemed credit worthy by the commission and are subject to credit review.

(C) The executive director shall appoint a charter school facility loan guarantee review committee (review committee) to review applications and make recommendations for approval by the commission. The review committee shall include representatives from the banking industry, community schools, and such other informed parties as are deemed necessary in assisting the commission in assessing the risk of each application for purposes of protecting the interest of the state.

(D) The review committee shall assess applications using the following criteria:

(1) Minimize risk to the state.

(2) Maximize benefit per dollar guaranteed.

(3) Maximize use of other non-guaranteed funds.

(4) Maximize the diversity of types of projects and loan arrangements.

(E) The review committee may recommend one or more loans to the executive director after each round of applications. The executive director may present some, all, or none of these loans to the commission for conditional approval. Upon conditional approval of the commission, the executive director shall work with each approved applicant community school and its financial institution to agree upon a loan guarantee agreement. Such agreement shall be presented to the commission for approval before execution. The commission's approval shall direct the executive director to sign the loan guarantee agreement and carry out its terms and conditions.

(F) If approved by the commission, the maximum term of the guaranteed portion of any loan to purchase a facility or for renovations to a facility owned by the governing board of the community school shall be the lesser of fifteen years or the useful life of the asset, with the total guarantee not to exceed one million dollars.

(G) If approved by the commission, the maximum term of the guaranteed portion of any loan used for modular facilities, buildings renovations to a leased facility, or other improvements to a leased facility shall be the lesser of seven years or the useful life of the asset, with the total guarantee not to exceed five hundred thousand dollars. Where improvements or renovations are being financed for leased facilities, the lease term with renewal options shall extend beyond the financing term or at least for a sufficient term to insure that the community school is the primary beneficiary of the improvements.

(H) If approved by the commission, the maximum term of the guaranteed portion of any loan to purchase furnishings or technology infrastructure shall be the lesser of five years or the useful life of the asset.

(I) Under no circumstances shall the guarantee amount exceed eighty-five percent of the total principal and interest of the loan. In the event of default, the net loss of the commission shall not exceed eighty-five percent of the outstanding and unpaid principal balance of the loan, accrued interest of the loan and reasonable costs of collection, excluding penalties and late fees incurred by the borrower.

(J) The commission shall monitor the financial status of the borrower and require the borrower to submit a copy of the following documents to the commission:

(1) Annual report;

(2) Financial statements and budgets;

(3) Quarterly financial reports of the governing board; and

(4) Community school payment report received from the Ohio department of education.

(K) The lender shall notify the commission of any delinquent payment on any loan that is subject to an approved guarantee by the commission. In the event that a default occurs, the lender shall follow its normal collection and foreclosure procedures to minimize any claims against the guarantee fund.

(L) Upon any default, where the lender intends to take action to accelerate the loan, within thirty days of the lender taking such action, the lender shall give notice to the commission, meet with the borrower in order to make a determination as to the nature of and severity of the problems causing such default, and promptly communicate this information to the commission.

(M) When the lender has determined to take action to accelerate the loan, the lender may seek any method of remedy available under the laws of this state, with prior notification to the commission of the remedy sought, and shall follow the normal procedures for default for similar loans made by lender. The commission may propose to the lender any alternative remedy, including remedies that may deviate from lender's normal process. While the lender may consider the request of the commission, the lender retains the right to determine when default has occurred and to determine the appropriate remedies to be taken to collect the loan.

(N) Upon payment in full of the guarantee amount by the commission to the lender under an approved guarantee, the commission shall have the right to enforce or participate in any claim, right, or remedy that the lender then has or may thereafter acquire against the borrower and the security interests under the loan documents and shall be entitled to the benefit of and any right to participate in any security interests and collections then or thereafter held or acquired by the lender. No payment by the commission to the lender under an approved guarantee shall reduce, discharge, satisfy or terminate any obligation of the borrower.

Last updated June 15, 2026 at 4:20 PM

History

• Effective: August 10, 2012
• Promulgated Under: 111.15

Chapter 3318:1-8 College-preparatory Boarding School Facilities Program

Ohio Adm.Code 3318:1-8-01 Eligibility requirements.

In order to be eligible to participate in the college-preparatory boarding school facilities program, an entity must meet the following requirements:

(A) Be a governing board of trustees organized pursuant to section 3328.15 of the Revised Code;

(B) Have secured at least twenty million dollars of private funds to satisfy its share of facilities acquisition; and

(C) Have secured funding for the acquisition of residential facilities and any other facilities other than classroom facilities through private means.

Last updated November 4, 2024 at 1:30 PM

History

• Effective: December 26, 2011
• Promulgated Under: 111.15

Ohio Adm.Code 3318:1-8-02 Acquisition of classroom facilities.

(A) The acquisition of classroom facilities means constructing, reconstructing, repairing or making additions to classroom facilities.

(B) "Classroom Facilities" has the same meaning as in section 3318.01 of the Revised Code.

(C) The acquisition of classroom facilities under this program shall not be subject to provisions in sections 3318.01 to 3318.20 of the Revised Code.

Last updated November 4, 2024 at 1:30 PM

History

• Effective: December 26, 2011
• Promulgated Under: 111.15

Ohio Adm.Code 3318:1-8-03 Program procedure for application and approval.

(A) To be considered for participation in the college-preparatory boarding school facilities program, the board of trustees of a college-preparatory boarding school shall submit a written proposal to the commission and provide such additional requested data and documents as are deemed necessary for evaluation the application. The written proposal shall include, but is not limited to, the following:

(1) School information including school name, operator, contract information, enrollment information and contact information;

(2) Board of trustees' information, identifying the officers and fiscal officer of the board and contact information;

(3) Classroom facilities project information describing the project to be financed including the total square footage of the facilities, the total amount of state funding requested, the amount of non-state funding secured for the acquisition of the classroom facilities, the proposed site of the classroom facilities, any facilities needs assessment that has been conducted by the board of trustees or the operator, and a proposed phasing schedule of facilities needs based upon projected increases in student population due to serving additional grade levels;

(4) A description of educational delivery methods of the college-preparatory board school curriculum, the space required for those delivery methods and how those spaces differ from the Ohio school design manual;

(5) Proof of secured funding for board of trustees' share for the acquisition of classroom facilities and a financial plan for the operation of the school; and

(6) A proposed maintenance plan for the facilities including how that plan will be funded.

(B) The executive director shall appoint a college-preparatory boarding school facilities program review committee to review the proposals and make recommendations for approval by the commission. The review committee shall include a project planner, a project administrator, a representative from the Ohio department of education and such other persons as deemed necessary in assisting the commission in thoroughly reviewing the proposals.

(C) The review committee shall assess the proposals based upon the building and economic feasibility of the proposed location, the total square footage requested in order to fulfill the curriculum, the total cost of the project, the total cost to the state and the availability of state funds.

(D) The review committee shall make a recommendation to the commission for commission approval. The review committee shall notify the board of trustees that the proposal will be sent to the commission for its approval.

Last updated November 4, 2024 at 1:30 PM

History

• Effective: December 26, 2011
• Promulgated Under: 111.15

Ohio Adm.Code 3318:1-8-04 Classroom facilities acquisition agreement.

(A) Once a proposal has been recommended for approval by the review committee and has received formal approval from the commission, the commission shall submit the proposal to the controlling board for the approval of funding for the acquisition of classroom facilities.

(B) The commission shall then enter into an agreement with the selected board of trustees that shall include, but is not limited to, the following:

(1) A provision that the commission shall choose, in consultation with the board of trustees, the construction delivery method for the acquisition of classroom facilities;

(2) A provision that stipulates that the commission shall be the contracting authority for all professional services and construction contracts required for the acquisition of classroom facilities;

(3) A provision that the board of trustees must own the property or have an appropriate lease on the property upon which the classroom facilities are proposed;

(4) A provision for the lease of the classroom facilities to the selected operator as long as the operator has a signed contract with the Ohio department of education to be the operator of a college-preparatory boarding school established under Chapter 3328. of the Revised Code;

(5) A provision that throughout the term of the lease the selected operator provide proof of property insurance of the classroom facilities in an amount equal to the full value of the classroom facilities;

(6) A provision for the establishment and funding of a maintenance fund by the selected operator for the routine maintenance of the classroom facilities;

(7) A provision for the selected operator to have on staff one or more staff members who have obtained building operator certification;

(8) A provision for the selected operator to develop and follow a maintenance plan approved by the commission;

(9) A provision to terminate the lease with the selected operator if the operator fails to maintain its contract with the Ohio department of education to operate a college-preparatory boarding school established under Chapter 3328. of the Revised Code or fails to adequately maintain the classroom facilities; and

(10) A provision that in the event the board of trustees dissolves at any time, ownership of the classroom facilities must first be offered to the school district in which the facilities are located, then to any community school operating within the district and then to the state.

Last updated November 4, 2024 at 1:30 PM

History

• Effective: December 26, 2011
• Promulgated Under: 111.15

Chapter 3318:1-9 Standards for Solar Ready Roofs and Equipment in School Buildings

Ohio Adm.Code 3318:1-9-01 Standards for solar ready roofs and equipment in school buildings.

(A) Pursuant to section 3318.112 of the Revised Code, the Ohio facilities construction commission shall adopt rules prescribing standards for solar ready roofs on school buildings under its jurisdiction. "Solar ready" is defined as being capable of accommodating the eventual installation of roof top, solar photovoltaic energy equipment.

(B) The standards apply to projects funded by the commission pursuant to section 3318.01 of the Revised Code.

(C) The standards for solar ready roofs will be contained in the Ohio school design manual published by the commission. The Ohio school design manual is available on the commission's web site at ofcc.ohio.gov.

(D) The standards will address, but not be limited to, the following:

(1) Roof space limitations;

(2) Shading and obstruction;

(3) Building orientation;

(4) Roof loading capacity, and

(5) Electric systems.

(E) The commission may update the standards for solar ready roofs through updates to the Ohio school design manual.

(F) Notwithstanding the above provisions, the commission may grant an exception to a school district requesting a waiver from all or part of the standards if the district shows good cause. Any request for a waiver from solar ready roof standards submitted by a school district will be subject to the commission variance process as outlined in rule 3318:1-5-03 of the Administrative Code.

Last updated January 23, 2023 at 11:24 AM

History

• Effective: January 23, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 3318:1-5-03

(A) The Ohio facilities construction commission may approve a design element that varies from the provisions contained in the Ohio school design manual when a school district demonstrates good cause.

(B) The requests will be evaluated by commission staff and approved or disapproved by the executive director. Without limitation, factors considered in approving or denying such requests are:

(1) Educational adequacy;

(2) Practicality;

(3) Durability and serviceability of materials and systems;

(4) Operational efficiency;

(5) Life cycle cost;

(6) Construction cost.

(C) Variance requests shall be prepared by the architect of record or criteria architect and submitted to the commission prior to the incorporation of the variance into the project design. A variance cannot be incorporated into the project design until approved by the commission.

(D) Procedural protocol for submission of variance requests shall be as established by the commission staff.

(E) A variance committee comprised of commission staff will evaluate requests for variances monthly or more frequently as deemed appropriate. The variance committee will make a recommendation to the executive director for a determination.

(F) The executive director will review the recommendation of the variance committee and the variance request and shall make a determination to approve, conditionally approve or to deny the request.

Last updated September 7, 2022 at 11:08 AM

History

• Effective: April 26, 2018
• Promulgated Under: 119.03

Chapter 3318:1-10 Installment Payment Contracts

Ohio Adm.Code 3318:1-10-01 Selection process for installment payment contracts.

(A) Definitions

(1) "Proposer" means an architect, professional engineer, energy services company, or firm experienced in the design and implementation of energy conservation measures and provides energy management, design and construction services in exchange for compensation related to the energy and operational performance of an energy project.

(2) "Technical report" means an analysis and recommendations pertaining to installations, modifications of installations, or remodeling that would significantly reduce energy consumption in buildings owned by the district as described in division (G)(1) of section 133.06 of the Revised Code.

(3) "Energy project" means the installment payment contract for purchase and installation of energy conservation measures as defined in division (A) of section 3313.372 of the Revised Code.

(4) "District" means a city, exempted village, local or joint vocational school district.

(B) Selection process

(1) For each energy project, the district shall engage in a selection process consisting of a request for qualifications before contracting for a technical report.

(2) The district shall request statements of qualifications in the following manner:

(a) The request for qualifications shall be issued not less than fourteen days prior to the submission deadline.

(b) The request for qualifications shall include a general description of the buildings that are within the scope of consideration, information detailing the district's utility bills for the buildings over the most recent twelve month period, and the criteria by which the submissions will be evaluated.

(c) The evaluation criteria set by the district shall include, but is not limited to:

(i) Competence to perform the required services as indicated by the technical training, education, and experience of the contractor's personnel, and;

(ii) Availability of qualified personnel, equipment, and facilities to perform the required services competently and expeditiously, and;

(iii) Experience and past performance working on similar types of energy projects.

(d) The district may request clarifications, conduct interviews or request additional information that supplements the statement of qualifications including, but not limited to a technical proposal, an estimate of energy project costs, or an estimate of energy savings in order to competitively select a proposer.

(e) The request for qualifications shall indicate how qualified contractors may submit a statement of qualifications for consideration.

(f) The district shall solicit statements of qualifications from no fewer than three proposers, soliciting through one or more methods including but not limited to direct invitation, electronic notification, websites, newspapers or additional methods as deemed by the district. The district shall make a good faith effort to solicit statements of qualifications from proposers who are ready, willing and able to undertake an energy project for the district.

(3) The statements of qualifications shall be timely reviewed and evaluated using the criteria published in the request for qualifications. The district shall announce the proposer deemed to be the most qualified to perform the required services, and enter into contract negotiations for the energy project.

(4) If the district fails to negotiate a contract with the proposer deemed to be most qualified, the district shall inform the proposer, in writing, of the termination of negotiations. Upon terminating negotiations, the district may enter into negotiations with the proposer that the district ranked next highest.

(5) Nothing in this rule affects the district's right to accept or reject any or all proposers' statements of qualifications in whole or in part.

Last updated September 7, 2022 at 11:08 AM

History

• Effective: April 1, 2015
• Promulgated Under: 119.03

Chapter 3318:1-11 School Energy Performance Contracting Loan Program

Ohio Adm.Code 3318:1-11-01 School Energy Performance Contracting Loan Program.

(A) Definitions

(1) "School energy project" means one or more energy saving measures, or a shared savings contract, as those terms are defined in sections 3313.372 and 3313.373 of the Revised Code.

(2) "Eligible participant" means any board of education of a city, exempted village, local, or joint vocational school district that applies for a loan under section 3313.372 or 3313.373 of the Revised Code.

(3) "Energy loan" is a loan from the school energy performance contracting loan fund, established by section 3313.378 of the Revised Code, for purposes of paying for all or a portion of a school energy project.

(B) Application

(1) The executive director of the commission shall prescribe an application process for an energy loan and create an application guide for eligible participants. An eligible participant may apply for an energy loan concurrently with a request to incur indebtedness under division (G)(1) of section 133.06 of the Revised Code. The executive director shall make available a combined application that allows eligible participants to request approval for a school energy project and an energy loan.

(2) The application process shall require the eligible participant to submit:

(a) The most recent year's audited financial statements;

(b) The most recent four-year financial forecast as submitted to the department of education and workforce in electronic form;

(c) A board resolution authorizing the eligible participant to enter into an agreement for an energy loan;

(d) School energy project financial analysis including energy calculations; and

(e) Other submissions prescribed in the application guide.

(3) The forms prescribed by the executive director shall be made publicly available on the commission's website.

(C) Agreement

Upon approval of the application, the eligible participant and the commission, acting through the executive director, shall enter into an agreement for an energy loan using an agreement form prescribed by the executive director. The loan terms shall include:

(1) Annual interest rate of two per cent;

(2) A repayment term not to exceed ten years; and

(3) Repayment of the energy loan and any interest accrued shall begin six months after the completion of the installation of the school energy project.

Last updated July 1, 2026 at 7:43 AM

History

• Effective: July 1, 2026
• Promulgated Under: 119.03