2006 Code of Virginia § 23-38.109 - Capital projects

23-38.109. Capital projects.

A. All capital projects of a covered institution, whether funded by anappropriation of the General Assembly or otherwise, shall be approved by suchinstitution's governing body, and the governing body of each coveredinstitution shall adopt policies for the review, approval, and implementationof all capital projects undertaken by the institution.

B. Except as otherwise provided in subdivision C 2, capital projectsundertaken at a covered institution may be exempt from any capital outlayoversight performed or required by the Department of General Services, theDivision of Engineering and Buildings, the Department of Planning and Budget,and any other state agency that supports the functions performed by thesedepartments.

C. Capital projects undertaken at a covered institution shall be subject tothe institution's capital project policies adopted pursuant to subsection A,and:

1. Any capital project undertaken at a covered institution shall be subjectto the environmental, historic preservation and conservation requirements ofstate statutes that are generally applicable to capital projects in theCommonwealth. For purposes of this subdivision, "capital project" means acapital project as defined in 23-38.89 costing $300,000 or more; and

2. If the capital project is funded in whole or in part with a general fundappropriation for that purpose or proceeds from bonds issued under Article X,Section 9(a), 9(b), or 9(c), or 9(d), if such issuance is Commonwealthgeneral fund supported, of the Constitution of Virginia, the project shallremain subject to such pre-appropriation approvals as are in effect from timeto time within the executive and legislative branches of state government,but such project may nevertheless be exempt from any and all statepost-appropriation review, approval, administrative or other policy orprocedure functions performed or required by the Department of GeneralServices, the Division of Engineering and Buildings, the Department ofPlanning and Budget, and any other state agency that supports the functionsperformed by these departments, subject to the terms of any managementagreement.

3. If a covered institution constructs improvements on land, or renovatesproperty, that originally was acquired or constructed in whole or in partwith a general fund appropriation for that purpose or proceeds from bondsissued under Article X, Section 9(a), 9(b), or 9(c), or 9(d), if suchissuance is Commonwealth general fund supported, of the Constitution ofVirginia, and such improvements or renovations are undertaken entirely withfunds not appropriated by the General Assembly, such improvements orrenovations must be consistent with such institution's master plan approvedby its governing body and, if the cost of such improvements or renovations isreasonably expected to exceed $2 million, the institution's decision toundertake such improvements or renovations shall be communicated to theGovernor and to the Chairmen of the Senate Committee on Finance and the HouseCommittee on Appropriations no later than 60 days prior to (i) commencementof construction or renovation or (ii) issuance of bonds, notes, or otherobligations to finance such construction or renovation.

D. A covered institution shall have the authority to designate its ownbuilding official who shall be a full-time employee and who is herebyauthorized to determine the suitability for occupancy of, and to issuecertifications for building occupancy for, all capital projects undertaken atthat institution, and who, prior to issuing any such certification, shallensure that the Virginia Uniform Statewide Building Code ( 36-97 et seq.)requirements are met for that capital project and that such project has beeninspected by the State Fire Marshal or his designee. When serving as thebuilding official, such individual shall report directly and exclusively tothe Board of Visitors of the institution and shall be subject to review bythe appropriate personnel in the Department of General Services. Thedesignated official shall be certified by the Department of Housing andCommunity Development to perform this function. The individual employed orcontracted to serve in such capacity shall have adequate resources and staffwho are certified by the Department of Housing and Community Development inaccordance with 36-137 for such purpose, and who shall review plans,specifications, and documents for compliance with codes and standards andperform required inspections of the work in progress and the completedproject. No individual licensed professional architect or engineer hired orcontracted to perform these functions shall also perform other code-relateddesign, construction, facilities-related project management or facilitiesmanagement functions for the institution on the same project.

(2005, cc. 933, 945.)