2006 New York Code - Capital Construction Planning.

 
    § 375. Capital construction planning. 1. Construction standards. On or
  before  July  first,  nineteen  hundred  sixty-two, the state university
  trustees shall cause to be prepared with the assistance of the fund, the
  dormitory authority, the state  department  of  transportation  and  the
  division of the budget, proposed standards for all facilities or classes
  of  facilities to be constructed, acquired, reconstructed, rehabilitated
  or improved for the state university pursuant to contracts  executed  on
  or  after  a  date  thirty days subsequent to the effective date of such
  standards. The proposed standards may, in the discretion  of  the  state
  university trustees, include, among other things, provisions relating to
  the  quality  and  type  of  materials  to  be  used in such facilities,
  provisions  for  safety,  fire  protection,   health   and   sanitation,
  provisions  for  the  installation  of  fixtures  and  equipment in such
  facilities and construction features deemed by the state  university  to
  be  desirable  for  academic  use  or  for  habitability.  The  proposed
  standards shall be reviewed by the state university trustees  and  shall
  be  subject  to their approval, disapproval or modification on or before
  August first, nineteen hundred sixty-two and in the form approved, shall
  be forwarded to the governor for his further  approval,  disapproval  or
  modification within thirty days thereafter. The proposed standards shall
  be  deemed  adopted,  with  or without modifications as the case may be,
  upon (i) written approval by the governor  or  (ii)  the  expiration  of
  thirty days after receipt of the proposed standards by the governor from
  the  state  university  trustees,  whichever occurs first. The effective
  date of such  standards  shall  be  September  first,  nineteen  hundred
  sixty-two.  Such  standards,  in the form adopted, shall be filed by the
  state university with the secretary of state in the manner  provided  by
  section one hundred two of the executive law.
    Changes in the construction standards so adopted may from time to time
  be formulated and proposed, reviewed, approved, disapproved or modified,
  adopted and filed in the same manner as the original standards.
    2. Design. The fund shall prepare, or cause to be prepared, within the
  amounts  appropriated  therefor  or  otherwise  available,  the building
  plans, the exterior drawings  or  models  displaying  the  architectural
  concept  of  the facility, and the detailed plans and specifications for
  all  construction,  acquisition,  reconstruction,   rehabilitation   and
  improvement  work  to  be  performed  at  state-operated institutions or
  statutory or contract colleges  under  the  jurisdiction  of  the  state
  university.  The fund may cause the building plans, drawings, models and
  detailed plans and specifications for such work to be prepared under the
  direction of the letting agency in accordance  with  the  terms  of  any
  agreement entered into between the fund and such letting agency pursuant
  to section three hundred seventy-six of this chapter.
    The  detailed  plans  and  specifications  for  any  such  work  to be
  performed pursuant to a contract executed on or after a date thirty days
  subsequent to the effective date of the construction  standards  adopted
  pursuant  to  subdivision  one  of  this  section  shall comply with the
  standards in effect at the time the contract is executed.
    Subject to the terms of any agreement entered into  between  the  fund
  and  the letting agency pursuant to section three hundred seventy-six of
  this chapter, the fund may  from  time  to  time  modify,  or  authorize
  modifications  to,  such  detailed plans and specifications provided (i)
  that the plans and specifications as so modified shall comply  with  the
  construction  standards,  if any, adopted pursuant to subdivision one of
  this section and in effect at the time of  the  modification,  and  (ii)
  that  such  modifications  are  made  after  consultation with the state
  university,  and  (iii)  that  in  the  event  a  contingency  fund   is
  appropriated  to the fund to pay the added costs during the then current
  state  fiscal  year  of  all  modifications  made  in  the   course   of
  construction,    acquisition,    reconstruction,    rehabilitation   and
  improvement of facilities for the state university, no such modification
  may  be  made  or authorized in such fiscal year without the approval of
  the director of the budget unless the cost thereof shall  be  less  than
  five per centum of the total estimated cost of the facility as set forth
  in  the  budget  bill  referred  to  in subdivision one of section three
  hundred seventy-six of this chapter, but in  no  event  shall  any  such
  modification  be  made  or  authorized  in  such fiscal year if the cost
  thereof,  plus  the  cost  of  all  modifications  theretofore  made  or
  authorized during the same state fiscal year, would exceed the amount of
  the contingency fund appropriated for the purpose of such modifications,
  and  (iv)  that  in the event a contingency fund is not appropriated for
  the purpose of such modifications, no  such  modification  involving  an
  estimated  expense  of  ten  thousand  dollars  or more shall be made or
  authorized without the prior approval of the director of the budget.
    3. Municipal regulations. No county, city, town or village shall  have
  power  to modify or change the plans or specifications for facilities to
  be constructed, acquired, reconstructed, rehabilitated or  improved  for
  state  university  purposes,  or  the  construction,  plumbing, heating,
  lighting or other mechanical branch of work necessary  to  complete  the
  work  in  question,  nor to require that any person, firm or corporation
  employed on any such work shall  perform  such  work  in  any  other  or
  different  manner  than  that provided by such plans and specifications,
  nor to require that any such person,  firm  or  corporation  obtain  any
  other  or additional authority or permit from such county, city, town or
  village as a condition of doing  such  work,  nor  shall  any  condition
  whatever  be  imposed  by  any  such  county,  city,  town or village in
  relation to the work being done pursuant to this article, but such  work
  shall be under the sole control of the supervising architect or engineer
  in  accordance with the drawings, plans, specifications and contracts in
  relation thereto; and the doing of any such work for  the  fund  by  any
  person,  firm  or  corporation  in  accordance  with  the  terms of such
  drawings, plans, specifications or  contracts  shall  not  subject  said
  person,  firm  or  corporation  to  any  liability  or penalty, civil or
  criminal, other than as may be stated in such contracts or incidental to
  the proper enforcement thereof.