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Amendments to Regulations Governing State Reimbursement of Local ...
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CHAPTER 30
REGULATIONS FOR STATE REIMBURSEMENT OF LOCAL JUVENILE RESIDENTIAL FACILITY COSTS

Part I
General Information

6VAC35-30-10. Introduction.

The state Board of Youth and Family Services is charged with the responsibility for approving all requests from localities for financial assistance relative to the development and operation of new programs and services; for purchase of property; and for construction, enlargement, or renovation of detention homes, group homes or other residential care facilities for children; whether publicly or privately constructed.

The Department of Youth and Family Services exercises oversight responsibility in the establishment and maintenance of programs, services and residential care facilities for children.

The Office of Capital Outlay Management within the Department of Youth and Family Services is responsible for architectural and engineering review of residential care facilities which are constructed, enlarged or renovated, and reimbursed with state funds.

Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice (the "board") and the Governor to evaluate all plans for, specifications of, and requests for reimbursement from a locality or localities for the construction, enlargement, purchase, or renovation of projects governed by this chapter. No reimbursements for costs and construction for such projects shall be made unless the plans, specifications, and construction are approved by the board and the Governor in accordance with the provisions contained herein.

Section 16.1-309.9 of the Code of Virginia further mandates the board to approve minimum standards for the construction and equipment of detention homes and other facilities governed by this chapter. Any such project shall be subject to this regulation and all applicable statutes, regulations, and guidance documents, including, but not limited to, the following:

1. The Virginia Public Procurement Act, Chapter 43 (§2,2-4300 et seq.) of Title 2.2 of the Code of Virginia;

2. The Construction and Professional Services Manual ("CPSM"), issued by the Department of General Services, Division of Engineering and Building;

3. The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement and Renovation, issued by the Department of Juvenile Justice; and

4. The Agency Procurement and Surplus Property Manual, issued by the Department of General Services, Division of Purchases and Supply.

Approval of projects for which state funding is requested is vested by the Governor in the Office of the Secretary of Public Safety. Such projects are best accomplished as a cooperative venture between a locality or localities and the Department of Youth and Family Services Juvenile Justice (the "department"). Using Board of Youth and Family Services (BYFS) approved and American Correctional Association (ACA) standards regulations promulgated by the board and by working together as partners from project planning to through project construction and program implementation, the locality or localities and the department ensure that an the optimum number of children are provided high quality services at a minimum cost to the locality and to the Commonwealth.

As a basis for this regulation:

1. The Virginia Public Procurement Act applies generally to every public body in the Commonwealth which §11-37 of the Code of Virginia defines to include any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty. Therefore, the Commonwealth of Virginia Agency Procurement and Surplus Property Manual, current edition, will apply when construction of juvenile facilities is reimbursed by state funds.

2. The Agency Procurement and Surplus Property manual incorporates the Commonwealth of Virginia Capital Outlay manual for policy and guidelines for Capital Outlay Projects. Generally, construction or renovation of juvenile facilities would constitute Capital Outlay. The Department of Youth and Family Services shall therefore apply the Commonwealth of Virginia Capital Outlay manual, current edition, whenever reimbursement with state funds is requested. Special emphasis on Chapters V, VIII, and X shall be considered whenever reimbursement is requested.

3. The Department of Youth and Family Services does not intend to replace or relieve responsibilities of the architectural and engineering firms and applicable regulatory authorities (i.e., Building Official, State Fire Marshal, etc.).

For the purposes of this chapter and reimbursement recommendations to the Secretary and the Governor, the Department of Youth and Family Services (DYFS) or its designee shall be the reviewing authority.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §1.1, eff. September 9, 1992.

Part II
Definitions and Legal Basis

6VAC35-30-20. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"ACA" means American Correctional Association.

"Area allowance per bed" means the gross square footage of the facility divided by the facility's design capacity, not to exceed 600 square foot per bed, as provided for in approved department procedures.

"Architectural/Engineering (A/E) services" means an individual or firm that is licensed by the Virginia Department of Commerce to provide professional services appropriate for the specific project, and is hired by the owner to provide those specific services for the project.

"Board" means the Virginia Board of Youth and Family Services Juvenile Justice.

"Board approved funding formula" means the method by which construction costs are calculated as provided for in 6VAC35-30-60 and detailed in approved department procedures.

"Board approved standards regulation" means standards a regulation or section or subsections thereof promulgated and approved by the Board of Youth and Family Services Juvenile Justice. These standards include:

1. Chapter 50 of Title 6 (6VAC35-50-10 et seq.), Standards for Interdepartmental Regulation of Residential Facilities for Children;

2. Chapter 100 of Title 6 (6VAC35-100-10 et seq.), Standards for Secure Detention; and

3. Chapter 40 of Title 6 (6VAC35-40-10 et seq.), Standards for Predispositional and Post-Dispositional Group Homes.

"Department or DYFS DJJ" means the Department of Youth and Family Services Juvenile Justice.

"Enlargement" or "Expansion" means to expand an existing local facility by constructing additional areas.

"Furnishings and equipment" means built-in equipment or fixtures normally included in a structure at the time of construction.

"Local facility" means a juvenile residential facility, which is or may be regulated by the board and is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility which that has contracted with any political subdivision or combination of political subdivisions of the Commonwealth and is or may be regulated by the board.

"Locality's representative" means an individual who is licensed by the Virginia Department of Commerce as an architect or engineer.

"Needs assessment" means an evaluation of trends and factors at the local or regional level which that may affect current and future local facility needs, and the assessment of local facilities and nonresidential programs available to meet such needs. The needs assessment for each proposed project shall identify the target population, the specific need of the target population the project is seeking to address, why the specific need cannot be met with existing resources, all alternatives considered to meet identified need, and the reason for rejecting the alternatives.

"New construction" means to erect a new local facility or replace an outdated existing local facility.

"Operating capacity" means operating capacity as established by the Department of Youth and Family Services, based on "per bed area allowances." 6VAC35-30-60 C 2.

"Planning study" means an overall description of a proposed project consisting of new construction, renovation of existing facilities, or both. The planning study shall include a program description and a program design as detailed in approved department procedures, architectural and engineering drawings at the 15% complete stage, the relationship of the project to existing facilities or structures, the project's schedule, a detail of the project's total projected construction, operation, and maintenance costs, and a cost/benefit analysis.

"Procedures" means the Department of Youth and Family Services Procedures for Receiving State Reimbursement for Local Facility Construction, Enlargement, Renovation, and Operating Funds, and for the Development and Operation of New Programs.

"Project" means any proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or regulation by the board.

"Renovation" means altering or otherwise modifying an existing local facility or piece of stationary equipment for the purpose of modernizing or changing its use or capability. Renovation does not include routine maintenance. Renovation renders the facility, item or area superior to the original.

"Replacement" means constructing a local facility in place of a like local facility or purchasing equipment to replace stationary equipment which cannot be economically renovated or repaired.

"Reviewing authority" means the department, division or agency to which the Governor has delegated authority to act in his behalf in reviewing local facility construction projects for reimbursement approval.

"Routine maintenance" means the normal and usual type of repair or replacement necessary as the result of periodic maintenance inspections or normal wear and tear of a local facility or equipment.

"Sponsor" means a city, county, commission, or any combination thereof, or any private entity under contract or arrangement with any city, county, commission, or any combination thereof, that is actually or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means user generated design changes affecting any deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with any board regulation, or that would result in the locality seeking additional reimbursement, as detailed in approved department procedures.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §2.1, eff. September 9, 1992.

6VAC35-30-30. Legal basis. (Repealed.)

A. This chapter has been promulgated by the board to carry out the provisions of §§16.1-313 and 16.1-322.5 through 16.1-322.7 of the Code of Virginia. This chapter:

1. Serves as a guideline in evaluating requests for reimbursement of local facility construction costs;

2. Includes criteria to assess need and establish priorities;

3. Ensures the fair and equitable distribution of state funds provided for reimbursing local facility construction costs; and

4. Provides criteria for private construction of detention or other residential facilities.

B. The board is authorized to promulgate regulations pursuant to §66-10 of the Code of Virginia.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §2.2, eff. September 9, 1992.

Part III
Procedures

6VAC35-30-35. Pre-screening.

Any sponsor planning any construction, renovation, enlargement, or expansion of a local facility shall submit an initial writing to the department which shall include a graphic showing any proposed structural changes and a brief description of all operating capacity or programmatic changes to be accommodated by the structure. The Department shall timely review the initial writing and inform the sponsor whether the project is subject to this regulation. Any new construction, change, or modification of an existing local facility or piece of stationary equipment, including security related upgrades, which will affect the facility's compliance with a board regulation, result in a change in certification or licensure status, or result in increased square footage or bed space or capacity shall be subject to this regulation. Minor changes, such as routine maintenance, shall not be subject to this regulation and shall be managed informally in accordance with department procedures.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.1-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

Part III
Reimbursement Request Procedures

6VAC35-30-40. Reimbursement request.

A. Requests. for reimbursement shall be submitted as follows: 1. Requests for reimbursement shall be approved by the board by June 1 of each year for inclusion in the department's budget request to the Governor and consideration during the next General Assembly session. Incomplete submissions, or submissions not received by the department prior to or on April 1 will not be submitted to the board for inclusion in the department's budget request. For all projects subject to this regulation, the department shall advise the sponsor of the deadline for submissions necessary to obtain approval, for inclusion in the department's budget request to the Governor, and for consideration during the next General Assembly session.

2. B. Needs assessment. The locality sponsor shall, prior to the applicable deadline, submit a needs assessment that shall demonstrate the need for the particular service, program, or facility. The board shall approve or reject the needs assessment or return the needs assessment to the sponsor with additional factors to be considered prior to resubmission. If the needs assessment is approved by the board, the department shall timely advise the sponsor of the board's decision and of the deadline for submitting the planning study for the project. direct a letter to the department requesting the board to recommend to the Governor reimbursement for construction, enlargement or renovation. The letter shall be accompanied by the information required by subsection B.

3. C. Planning study. The sponsor shall, upon approval of the needs assessment by the board and prior to the applicable deadline, submit a complete planning study that shall explain how the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested and a resolution from the governing body of the sponsor or sponsors requesting reimbursement. department shall submit the completed request for reimbursement to the board for review and approval by the second board meeting or within 60 days following submission by the locality.

B. Requests for reimbursement of local facility construction, enlargement or renovation costs shall be accompanied by:

1. A needs assessment as specified in the procedures;

2. A resolution from the locality or localities requesting reimbursement;

3. An estimate of the reimbursement amount being requested;

4. A planning study as specified in the procedures; and

5. Requests for regional facilities shall also include a copy of the agreement between the participating localities including the allocation of financial and operational responsibilities.

 D. The board shall utilize the criteria outlined in 6VAC35-30-60 when reviewing a sponsor's planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursemen for the project and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §3.1, eff. September 9, 1992.

6VAC35-30-50. Preliminary review. (Repealed.)

Localities wishing a review of their needs assessment prior to formally submitting a reimbursement request may submit only the needs assessment as specified in 6VAC35-30-40 B. Upon review of the needs assessment, the board will notify the locality or localities as to whether it appears to the board that they are ready to proceed with the formal reimbursement request.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §3.2, eff. September 9, 1992.

6VAC35-30-60. Criteria for board funding recommendation.

A. Demonstrated need. The board will shall evaluate the need for the project as demonstrated by the information provided in the Needs Assessment and Planning Study.

B. Operational cost efficiency. The board shall take into consideration the operational cost efficiency of the interior design of the facility with special concern for the number of staff required, functional layout, material selection, and energy efficiency, with special emphasis on meeting the needs of youth and the mission of the facility. Design of the program facility shall meet the standards of the board and ACA.

C. Construction cost. All sponsors shall calculate construction costs in accordance with the board approved funding formula contained in department procedures. Construction economy shall be reviewed in relation to the adjusted median cost of local facilities. The calculation of the adjusted median cost of local facilities will be calculated by the department as a per bed cost using the following procedure: shall consider the cost per square foot base figure, the adjusted square foot cost, the area allowance per bed, and the total project cost as detailed in the board approved funding formula.

1. A cost per square foot base figure will be the national median square-foot cost for jails (location factor applied), published in the latest edition of "Means Facilities Cost Data" published by R. S. Means Company, Inc. The "Means Facilities Cost Data" takes into consideration the "location factor" which is the materials and labor cost differential specific to a geographical location;

2. The adjusted square-foot costs will be converted to per-bed costs using per-bed area allowances based on the average gross square footage of actual and proposed local facilities in Virginia; the area allowances must be in accordance with all applicable codes and standards according to the following formula:

National cost per square foot (Means)

X Location Factor (Means)

X Area allowance per bed (maximum 900 sq. ft. per bed)

= Adjusted median construction cost of local facility;

3. The total project cost will include:

a. Construction (subdivision C 2 above);

b. Site and utilities (Means);

c. Architectural and engineering (Virginia Capital Outlay Manual);

d. Furnishings and equipment (as itemized);

e. Project inspection (Virginia Capital Outlay Manual);

f. Contingency (3.0%);

g. Property purchased specifically for this facility; and

h. Other.

D. Phased reimbursement of projects. When localities wishA sponsor may request, when submitting the planning study for review, to meet the requirements outlined in the needs assessment receive portions of the total project reimbursement based upon the completion of the project in phases,. In response to such requests, the board may approve reimbursement based on the total estimated cost of the project as if it were to be completed as a single endeavor; however, reimbursement will be in amounts proportional to the phases of construction and payment will be made only as each approved phase is completed and that portion of the building is ready to b e placed in service.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §3.3, eff. September 9, 1992.

6VAC35-30-70. Funding priorities.

A. The following criteria, as determined by the needs assessment shall serve as a guide for determining the level of priority given to requests for reimbursement:

1. New construction or renovation is needed because the existing facility is closed by the court, Board of Youth and Family Services or local governing authority due to its failure to meet state or local operating standards;

2. An unsafe physical plant which fails to meet life, health, safety standards, or a court-ordered renovation, expansion, or new construction;

3. Replacement or renovation of bedspace lost due to fire, earthquake or other disaster;

4. An existing local facility is experiencing overcrowding which is expected to continue based on population forecasts;

5. A locality with no existing local facility;

6. An addition to or renovation of support facilities;

7. Phased projects; and

8. Cost overruns.

B. Regional projects. The board shall prioritize reimbursement requests in a manner to ensure an equitable distribution of state funds across the Commonwealth; and, absent a health, safety, or welfare risk requiring priority, the board shall will ordinarily give preference to requests for reimbursement for regionalized local facilities. Regionalized local facilities shall normally serve three or more localities as determined by the needs assessment.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §3.4, eff. September 9, 1992.

6VAC35-30-80. Board recommendations to the Governor.

A. The department will direct a letter to the locality notifying the governing body shall timely notify the sponsor, in writing, of the board's decision to recommend or not to recommend a project for reimbursement. If the recommendation is not to recommend reimbursement, the department shall briefly explain, and the rationale for the decision.

B. The board shall submit to the Governor, or his designee (i) its recommendations with respect to reimbursement requests and the rationale therefor; and (ii) such information as the Governor may require with respect to a request for approval of reimbursements.

C. Final appropriations are subject to the Governor's approval and legislative enactment.

Sections 16.1-313 and 16.1-322.7 of the Code of Virginia establish the rate of reimbursement to localities for construction, enlargement or renovation.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §3.5, eff. September 9, 1992.

Part IV
Project Development

6VAC35-30-90. Preliminary design.

A. The locality sponsor shall submit preliminary design documents to the department, as specified in the defined in and required by approved department procedures and the Virginia Capital Outlay manual. The locality may also be required to submit preliminary design documents to other regulatory agencies.

B. Preliminary design documents shall be approved reviewed by the department for compliance with applicable statutes, regulations, and any guidance documents that are incorporated herein.

1. If the department requires changes to the preliminary design documents, all such required changes will shall be communicated in writing to the locality sponsor.

2. The locality's sponsor representative, or its A/E, shall respond in writing to the department to all comments received from the department in the preliminary design review. Necessary revisions to the project documents may be incorporated in the submission of the construction documents; however, all issues in question between the locality's representative, or A/E, and the department detailed in these writings shall be resolved before the project is advanced to the construction document phase is begun.

C. When all review comments have been addressed and resolved, the department shall notify the sponsor that the project has progressed to the construction documents phase.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §4.1, eff. September 9, 1992.

6VAC35-30-100. Construction documents.

A. Localities The sponsor shall submit construction documents to the department as specified in the defined in and required by approved department procedures and the Virginia Capital Outlay manual. The locality may also be required to submit construction documents to other regulatory agencies. The fire official of the authority having jurisdiction over the proposed facility shall conduct a plans review and approve the construction. The construction documents shall include 100% complete working drawings, 100% complete specifications, and review approvals from local building, health, and fire officials.

B. The department will review construction documents shall be reviewed by the department for compliance with board standards, Code requirements, applicable statutes, regulations, and any guidance documents incorporated herein, and for incorporation of all changes required by the department at the preliminary document review stage. This review in no way releases the A/E sponsor from his other applicable responsibilities and requirements.

1. If the department requires changes to the construction documents, all such required changes will shall be communicated in writing to the localitysponsor.

2. The locality's representative, or its A/E, sponsor shall respond in writing to the department to all comments received from the department in the construction document review. All issues in question between the architect, the locality and the department detailed in these writings shall be resolved before the project is bidadvanced to the bidding phase.

C. Upon satisfactory resolution of When all review comments have been addressed and resolved, the department shall approve the construction documents and advise the locality sponsor in writing within 10 working days, as required in approved department procedures, that the project has progressed to the bidding phase.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §4.2, eff. September 9, 1992.

6VAC35-30-110. Changes during project development. Change order process.

If, during the project development stage, any substantive change in the scope of the project, any increase in the estimated cost of construction, or any change in the operational staff requirements occurs, the review process will be suspended until the project is resubmitted to the board for further review and possible change in the status of reimbursement recommendation.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §4.3, eff. September 9, 1992.

Part V
Project Construction

6VAC35-30-120. Bids. Bidding.

After bids for construction have been received and opened, and the locality has determined to proceed with the project, the locality sponsor shall require its A/E to submit to the department a bid tabulation, analysis, and recommendation as to the award of the contract. Any comments by the department shall be timely forwarded to the locality sponsor and the sponsor shall respond to the comments in writing, as provided in approved department procedureswithin 10 working days of receipt.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §5.1, eff. September 9, 1992.

6VAC35-30-130. Construction.

A. During the construction of all projects, the locality sponsor shall require its architect to submit monthly inspection or progress reports to the department. The department must respond shall notify the sponsor, in writing, within 10 working days after receipt as provided in approved department procedures, if there are of any issues or problems with the project or the reports. Failure to do so servesThe department's failure to respond in the required time frame shall serve as acceptance of the inspection and progress report. Any failure to timely submit the monthly inspection or progress reports may constitute grounds to deny the requested reimbursement, in whole or in part.

B. Any substantive changeschange, single change orders of $10,000 or more, and accumulative change orders exceeding the project contingency during the construction phase shall be submitted in writing to the department for review and approval before any such change is executed. Only those changes, on which notification was timely and that are approved through this the approved department procedure, shall be eligible for reimbursement. Any failure to seek and obtain approval of a substantive change may constitute grounds to deny the requested reimbursement, in whole or in part.

C. A representative of the department may visit the project site during the construction period to observe the work in progress. Any observed deviations from approved documents having the effect of voiding or reducing compliance with board standards or Code requirements shall be reported in writing to the locality within 10 working days and shall be corrected.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §5.2, eff. September 9, 1992.

6VAC35-30-140. Final inspection.

A. Upon construction completion, the locality's representative, or the A/E, sponsor shall establish a schedule for final inspection of the project as follows: This schedule shall include:

1. The locality shall notify (i) notification to the department and all regulatory agencies which that reviewed preliminary design or construction documents of the schedule for final inspection. The fire official of the authority having jurisdiction shall conduct a plan review and approve the construction;

2. The locality shall (ii) a request to the personnel or agencies involved in the final inspection to submit comments or recommendations in writing to the locality sponsor and forward copies to the department.;

3. The locality shall require its architect to take necessary corrective action on (iii) documentation of the correction of all deficiencies noted in the comments; and submit

(iv) the submission of a report of completed actions to the appropriate reviewing agencies and forward a copy of the report to the department.

B. Upon completion of the final inspection and corrective actions as required, the locality sponsor shall provide to the department copies of all regulatory agency letters verifying approval of the completed project. The A/E and shall certify to the department the completion of the project.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §5.3, eff. September 9, 1992.

6VAC35-30-150. Record documents.

The locality sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed and such documents shall be marked "Record." The record documents shall be prepared in accordance with approved department procedures.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §5.4, eff. September 9, 1992.

Part VI
Private Construction of Juvenile Facilities

6VAC35-30-160. Legal basis. Private construction of juvenile facilities.

Section 16.1-322.5 of the Code of Virginia provides for allows the Board of Youth and Family Services board to authorize a county or city or any combination of counties, cities, or towns established pursuant to §16.1-315 of the Code of Virginia to contract with a private entity for the financing, site selection, acquisition, or construction of a local or regional detention home or other secure facility. Localities authorized to contract for private construction of a juvenile detention facility shall receive state reimbursement authorized by §16.1-313, §16.1-309.5 of the Code of Virginia, in accordance with Parts I through VI of this chapter.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §6.1, eff. September 9, 1992.

6VAC35-30-170. ContractRequirements for contract authorization.

Prior to receiving the Board of Youth and Family Services board's authorization to enter into a contract for private construction, localities shall certify and submit documentation demonstrating that all requirements mandated by §16.1-322.5 of the Code of Virginia have been met by both the locality and the contractor.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §6.2, eff. September 9, 1992.

Part VII
Final Reimbursement

6VAC35-30-180. Request for final reimbursement for all projects.

A. Upon completion of the project, the locality sponsor shall submit the documentation specified by the approved department procedures to the department.

B. If the final amount of reimbursement requested is no more not greater than the reimbursement amount initially recommended, including the contingency, the department will shall authorize reimbursement within 90 days of receiving a complete reimbursement request. The reimbursement request shall be in the form specified by the department.

C. If the final amount of reimbursement requested is more than the reimbursement amount initially recommended, the sponsor shall justify the cost increase shall be justified by the locality and resubmitted submit the adjusted reimbursement request to the board and the Governor, or his designee, for approval.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §7.1, eff. September 9, 1992.

6VAC35-30-190. Compliance.

Failure to comply with these regulations will delay the review process and recommendation for disbursement of funds, and may result in the denial of reimbursement, and may result in the failure to obtain board certification or department approval to house juveniles in the facility.

Statutory Authority

§§16.1-309.2 to 16.1-309.10, 16.1-322.5 through 16.2-322.7 and 66-10 of the Code of Virginia.

Historical Notes

Derived from VR690-15-001 §7.2, eff. September 9, 1992.

DOCUMENTS INCORPORATED BY REFERENCE

Procedures for Receiving State Reimbursement for Local Facility Construction, Enlargement, Renovation, and Operating Funds, and for the Development and Operation of New Programs.

The Construction and Professional Services Manual ("CPSM"), issued by the Department of General Services, Division of Engineering and Building.

The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement and Renovation, issued by the Department of Juvenile Justice.

The Agency Procurement and Surplus Property Manual, issued by the Department of General Services, Division of Purchases and Supply.