Design and Construction Activities on University Campuses
Existing Rules/Regulations
The Education Law of the State of New York requires that plans and
specifications for any construction/renovation project having an impact upon the
public's safety or valued greater than $20,000 be designed by or under the
supervision of a New York State licensed architect/engineer who will affix
his/her stamp to the documents. Likewise, any construction/renovation
project that involves changes affecting structural safety must also be designed
by or
under the supervision of a New York State licensed architect/engineer and bear
the stamp of that individual. The only exemption to this law are agricultural
buildings and residential buildings less than 1500 square feet.
Under the Education Law (Section 376), the responsibility for construction or
reconstruction within the State University is vested with the State University
Construction Fund and the Dormitory Authority of the State of New York.
Further, the State University of New York also has the authority to design and
construct facilities. This authorization is provided in an agreement
between the State University Construction Fund and the University dated
December 23, 1987.
University Initiated Construction & Design Contracts
In order to provide a uniform approach to campus construction activities,
SUNY Procedures Manual, Item 530.8- Construction Contract procedures have been
issued. That document and accompanying guidelines governs those
construction contracts over $50,000 which must be executed on behalf of the
University by a System Administration official; and construction contracts less
than $50,000 which are primarily administered by the campus physical plant
administrator or other designated campus official(s). Note - contracts
between $20,000. and $50,000. may be executed by the campus or by a SUNY System
Administration official at the discretion of the campus. Additionally, a
standardized design consultant contract, SUNY Procedures manual, Item 530.9,
Consultant Service Agreements has been developed. The principal advantage
of the Consultant Service Agreement is that it will be a "full service"
agreement specifically identifying the responsibilities of the consultant and
additionally provides a mechanism for the review and approval of change orders
during the construction phase. Provision has also been made to allow for
direct participation by Construction Fund staff, when appropriate, during the
construction phase. Use of these agreements is a mandatory requirement for all
future design and construction contracts initiated by the campuses.
Campus Responsibility for Construction Activity
The campus administration and by inference, the Physical Plant
Administrative Office or similar office, has functional responsibility for
initiating all design and construction contracts at the campus. It is
absolutely essential that all plans, regardless of the source of funds,
for modification of spaces on the campus be reviewed and approved by this
entity. Clearly, planning is of the essence and appropriate time frames
should be established to enable the scope of a particular project to be
accommodated in a timely fashion.
The campus Physical Plant Administrator's Office is charged with the
responsibility of shepherding a given construction project through the type of
funding and contractual mechanism(s) delineated by the nature of the task (i.e.,
cost, safety to the public, structural, etc.). It is therefore incumbent
upon both campus administrators and physical plant administrators to be familiar
with the rules and regulations governing design and construction and the
necessary procedures to be followed.
In summary, the physical plant entity on a campus should be the focal point for
all modifications to the facilities regardless of funding source and scope of
the project. Information should be shared as a general practice.
Classification of Construction Work
To clarify the various types of construction/modifications which are likely
to take place on a campus, the following examples are noted:
1. New Construction
Projects which involve the construction of totally new
facilities or the addition to existing campus facilities.
Examples of projects in this classification would be construction of storage
buildings; additions to any existing buildings such as
physical education buildings; dining halls; etc.;pavilions; temporary classroom
buildings; child care facilities; new parking lots and roadways; new athletic
facilities, etc. Requires SUNY System Administration Office for
Capital Facilities approval regardless of the dollar value. Campus
Physical Plant Departments would be directly involved, and be responsible for
insuring code compliance.
2. Remodeling
Generally where a given space is to be modified which
involves no structural changes. This would typically apply to a situation
where the modification deals with only interior non-load bearing walls, ceilings
(non-asbestos), floor finishes (non-asbestos), etc. and might be best
categorized as layout changes wherein none of the supporting electric or
HVAC systems are affected. Exempt from SUNY System Administration Office
for Capital Facilities approval unless contract ($50,000) limit is exceeded.
(Note - Execution of contracts whose value is between $20,000. and $50,000 can
be either by the campus or by a SUNY System Administration official at the
discretion of the campus. However, approval from SUNY System
Administration Counsel's Office is required for
contracts whose value is between $20,000 and $50,000). Campus Physical Plant
Departments would be directly involved, and be responsible for insuring code
compliance.
3. Rehabilitation
Generally where a given space is to be modified which
involves structural changes. This would typically apply to a situation
where the modification deals with interior load-bearing walls, exterior
walls, floor height changes, etc., and would affect the supporting electric,
plumbing or HVAC systems. Requires SUNY System Administration Office for
Capital Facilities approval and obviously campus Physical Plant Department
involvement who would be responsible for insuring code compliance, regardless of
dollar value.
4. Re-fixturing
Generally where a given space is to be modified by replacing
existing non-structural fixtures with new ones as for example, display cases in
a bookstore. If
no changes are to be made to the supporting electric, plumbing or HVAC systems,
this type of project would be exempt from SUNY System Administration approval.
However, it is important that information be provided to the campus Physical
Plant Department in advance to assure that all appropriate standards are met
(ex. Fire retardant fabric for drapes, etc.).
5. Equipment
Generally where a given piece of equipment is being replaced
by another piece of equipment as for example, dining hall furniture.
Approval from SUNY System Administration would not be required. If no
special "hookups" or installation are necessary, the campus Physical Plant
operation would usually not be involved. However, if there are special
requirements, appropriate review and approval by campus Physical Plant
Departments is required.
FUNDING MECHANISMS/AUTHORITY TO DESIGN/CONSTRUCT
As noted throughout these procedures, only the State University Construction
Fund or the University through the Office of Capital Facilities and the
Dormitory Authority have the legal right to enter into design and construction
contracts on University facilities or property. Additionally, under
certain limitations, this right has been vested in the campus Physical Plant
Department or similar organizations within the University. Consequently,
no other entity, regardless of funding source, may enter into these types of
contracts.
