{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-1016.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-1016.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-1016.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-1016.html"}],"law_id":86805,"edition_id":1,"section_id":86805,"structure_id":14810,"section_number":"23.1-1016","catch_line":"Covered institutions; operational authority; financial operations; capital projects","history":"2005, cc. 933, 945, \u00a7 23-38.109; 2016, c. 588.","full_text":"A\n\nThe governing board of each covered institution shall adopt policies for the review, approval, and implementation of all capital projects undertaken by the institution.B\n\nAll capital projects of a covered institution, whether funded by an appropriation of the General Assembly or otherwise, shall be approved by the institution’s governing board.C\n\nExcept as otherwise provided in subdivision D 2, capital projects undertaken at a covered institution may be exempt from any capital outlay oversight performed or required by the Department of General Services, the Division of Engineering and Buildings, the Department of Planning and Budget, and any other state agency that supports the functions performed by such departments.D\n\nCapital projects undertaken at a covered institution are subject to the institution’s capital project policies adopted pursuant to subsection A and:1\n\nAny capital project undertaken at a covered institution that costs $300,000 or more is subject to the environmental, historic preservation, and conservation requirements of state law that are generally applicable to capital projects in the Commonwealth;2\n\nIf the capital project is funded in whole or in part with a general fund appropriation for that purpose or proceeds from bonds issued under Article X, Section 9 (a), 9 (b), or 9 (c) of the Constitution of Virginia, or under Article X, Section 9 (d) of the Constitution of Virginia, if such issuance is supported by general funds, the project shall remain subject to the pre-appropriation approvals that are in effect within the executive and legislative branches of state government but may be exempt under the management agreement from any state post-appropriation review, approval, administrative, or other policy or procedure functions performed or required by the Department of General Services, the Division of Engineering and Buildings, the Department of Planning and Budget, and any other state agency that supports the functions performed by such departments; and3\n\nIf a covered institution constructs improvements on land or renovates property that was originally acquired or constructed in whole or in part with a general fund appropriation for that purpose or proceeds from bonds issued under Article X, Section 9 (a), 9 (b), or 9 (c) of the Constitution of Virginia, or under Article X, Section 9 (d) of the Constitution of Virginia, if such issuance is supported by general funds, and such improvements or renovations are undertaken entirely with funds not appropriated by the General Assembly, such improvements or renovations shall be consistent with such institution’s master plan approved by its governing board and, if the cost of such improvements or renovations is reasonably expected to exceed $2 million, the institution’s decision to undertake such improvements or renovations shall be communicated to the Governor and to the Chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations no later than 60 days prior to the (i) commencement of construction or renovation or (ii) issuance of bonds, notes, or other obligations to finance such construction or renovation.E\n\nEach covered institution may designate a full-time employee to be its own building official and may determine the suitability for occupancy of and issue certifications for building occupancy for all capital projects undertaken at such institution. Such building official shall:1\n\nEnsure that the Virginia Uniform Statewide Building Code (§ 36-97 et seq.) requirements are met for that capital project and that such project has been inspected by the State Fire Marshal or his designee prior to issuing any such certification;2\n\nReport directly and exclusively to the governing board of the institution and be subject to review by the appropriate personnel in the Department of General Services;3\n\nBe certified by the Department of Housing and Community Development to perform this function; and4\n\nHave adequate resources and staff who are certified by the Department of Housing and Community Development in accordance with § 36-137 for such purpose and who shall review plans, specifications, and documents for compliance with codes and standards and perform required inspections of the work in progress and the completed project.F\n\nNo individual licensed professional architect or engineer hired or contracted to perform the functions set forth in subsection E shall also perform other code-related design, construction, facilities-related project management, or facilities management functions for the institution on the same project.","order_by":null,"text":{"0":{"id":310820,"text":"The governing board of each covered institution shall adopt policies for the review, approval, and implementation of all capital projects undertaken by the institution.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":310821,"text":"All capital projects of a covered institution, whether funded by an appropriation of the General Assembly or otherwise, shall be approved by the institution’s governing board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":310822,"text":"Except as otherwise provided in subdivision D 2, capital projects undertaken at a covered institution may be exempt from any capital outlay oversight performed or required by the Department of General Services, the Division of Engineering and Buildings, the Department of Planning and Budget, and any other state agency that supports the functions performed by such departments.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":310823,"text":"Capital projects undertaken at a covered institution are subject to the institution’s capital project policies adopted pursuant to subsection A and:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":310824,"text":"Any capital project undertaken at a covered institution that costs $300,000 or more is subject to the environmental, historic preservation, and conservation requirements of state law that are generally applicable to capital projects in the Commonwealth;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":310825,"text":"If the capital project is funded in whole or in part with a general fund appropriation for that purpose or proceeds from bonds issued under Article X, Section 9 (a), 9 (b), or 9 (c) of the Constitution of Virginia, or under Article X, Section 9 (d) of the Constitution of Virginia, if such issuance is supported by general funds, the project shall remain subject to the pre-appropriation approvals that are in effect within the executive and legislative branches of state government but may be exempt under the management agreement from any state post-appropriation review, approval, administrative, or other policy or procedure functions performed or required by the Department of General Services, the Division of Engineering and Buildings, the Department of Planning and Budget, and any other state agency that supports the functions performed by such departments; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":310826,"text":"If a covered institution constructs improvements on land or renovates property that was originally acquired or constructed in whole or in part with a general fund appropriation for that purpose or proceeds from bonds issued under Article X, Section 9 (a), 9 (b), or 9 (c) of the Constitution of Virginia, or under Article X, Section 9 (d) of the Constitution of Virginia, if such issuance is supported by general funds, and such improvements or renovations are undertaken entirely with funds not appropriated by the General Assembly, such improvements or renovations shall be consistent with such institution’s master plan approved by its governing board and, if the cost of such improvements or renovations is reasonably expected to exceed $2 million, the institution’s decision to undertake such improvements or renovations shall be communicated to the Governor and to the Chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations no later than 60 days prior to the (i) commencement of construction or renovation or (ii) issuance of bonds, notes, or other obligations to finance such construction or renovation.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":310827,"text":"Each covered institution may designate a full-time employee to be its own building official and may determine the suitability for occupancy of and issue certifications for building occupancy for all capital projects undertaken at such institution. Such building official shall:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"E1"},"8":{"id":310828,"text":"Ensure that the Virginia Uniform Statewide Building Code (§ 36-97 et seq.) requirements are met for that capital project and that such project has been inspected by the State Fire Marshal or his designee prior to issuing any such certification;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"9":{"id":310829,"text":"Report directly and exclusively to the governing board of the institution and be subject to review by the appropriate personnel in the Department of General Services;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"10":{"id":310830,"text":"Be certified by the Department of Housing and Community Development to perform this function; and","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"11":{"id":310831,"text":"Have adequate resources and staff who are certified by the Department of Housing and Community Development in accordance with § 36-137 for such purpose and who shall review plans, specifications, and documents for compliance with codes and standards and perform required inspections of the work in progress and the completed project.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"12":{"id":310832,"text":"No individual licensed professional architect or engineer hired or contracted to perform the functions set forth in subsection E shall also perform other code-related design, construction, facilities-related project management, or facilities management functions for the institution on the same project.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4"}},"ancestry":[{"id":14810,"edition_id":1,"name":"Restructured Financial and Administrative Authority; Covered Institutions; Management Agreements","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14809,"metadata":{},"date_created":"2026-06-26 03:50:04","date_modified":"2026-06-26 03:50:04","permalink":{"id":185539,"object_type":"structure","relational_id":14810,"identifier":"4","token":"23.1\/III\/10\/4","url":"\/23.1\/III\/10\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14809,"edition_id":1,"name":"Restructured Higher Education Financial and Administrative Operations Act","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":14060,"metadata":{},"date_created":"2026-06-26 03:50:04","date_modified":"2026-06-26 03:50:04","permalink":{"id":185515,"object_type":"structure","relational_id":14809,"identifier":"10","token":"23.1\/III\/10","url":"\/23.1\/III\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14060,"edition_id":1,"name":"Management and Financing","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:46:44","date_modified":"2026-06-26 03:46:44","permalink":{"id":185513,"object_type":"structure","relational_id":14060,"identifier":"III","token":"23.1\/III","url":"\/23.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72164,"structure_id":14810,"section_number":"23.1-1004","catch_line":"Management agreement; eligibility and application","url":"\/23.1-1004\/","token":"23.1\/III\/10\/4\/23.1-1004","metadata":false},{"id":83668,"structure_id":14810,"section_number":"23.1-1005","catch_line":"Approval of a management agreement","url":"\/23.1-1005\/","token":"23.1\/III\/10\/4\/23.1-1005","metadata":false},{"id":56640,"structure_id":14810,"section_number":"23.1-1006","catch_line":"Management agreement; contents and scope","url":"\/23.1-1006\/","token":"23.1\/III\/10\/4\/23.1-1006","metadata":false},{"id":63108,"structure_id":14810,"section_number":"23.1-1007","catch_line":"Management agreement; duration and oversight","url":"\/23.1-1007\/","token":"23.1\/III\/10\/4\/23.1-1007","metadata":false},{"id":58529,"structure_id":14810,"section_number":"23.1-1008","catch_line":"Covered institutions; operational authority generally","url":"\/23.1-1008\/","token":"23.1\/III\/10\/4\/23.1-1008","metadata":false},{"id":68969,"structure_id":14810,"section_number":"23.1-1009","catch_line":"Covered institutions; operational authority; projects","url":"\/23.1-1009\/","token":"23.1\/III\/10\/4\/23.1-1009","metadata":false},{"id":71430,"structure_id":14810,"section_number":"23.1-1010","catch_line":"Covered institutions; operational authority; creation of entities and participation in joint ventures","url":"\/23.1-1010\/","token":"23.1\/III\/10\/4\/23.1-1010","metadata":false},{"id":66142,"structure_id":14810,"section_number":"23.1-1011","catch_line":"Covered institutions; operational authority; campus police","url":"\/23.1-1011\/","token":"23.1\/III\/10\/4\/23.1-1011","metadata":false},{"id":69766,"structure_id":14810,"section_number":"23.1-1012","catch_line":"Covered institutions; operational authority; financial operations generally","url":"\/23.1-1012\/","token":"23.1\/III\/10\/4\/23.1-1012","metadata":false},{"id":79752,"structure_id":14810,"section_number":"23.1-1013","catch_line":"Covered institutions; operational authority; financial operations; investment of operating funds","url":"\/23.1-1013\/","token":"23.1\/III\/10\/4\/23.1-1013","metadata":false},{"id":68235,"structure_id":14810,"section_number":"23.1-1014","catch_line":"Covered institutions; operational authority; financial operations; financing and indebtedness","url":"\/23.1-1014\/","token":"23.1\/III\/10\/4\/23.1-1014","metadata":false},{"id":65904,"structure_id":14810,"section_number":"23.1-1015","catch_line":"Covered institutions; operational authority; financial operations; power to issue bonds, notes, or other obligations","url":"\/23.1-1015\/","token":"23.1\/III\/10\/4\/23.1-1015","metadata":false},{"id":86805,"structure_id":14810,"section_number":"23.1-1016","catch_line":"Covered institutions; 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operational authority; human resources; establishment of a human resources program","url":"\/23.1-1021\/","token":"23.1\/III\/10\/4\/23.1-1021","metadata":false},{"id":59817,"structure_id":14810,"section_number":"23.1-1022","catch_line":"Covered institutions; operational authority; human resources; election by certain covered employees","url":"\/23.1-1022\/","token":"23.1\/III\/10\/4\/23.1-1022","metadata":false},{"id":67808,"structure_id":14810,"section_number":"23.1-1023","catch_line":"Covered institutions; operational authority; human resources; grievance procedures","url":"\/23.1-1023\/","token":"23.1\/III\/10\/4\/23.1-1023","metadata":false},{"id":75091,"structure_id":14810,"section_number":"23.1-1024","catch_line":"Covered institutions; operational authority; human resources; miscellaneous personnel matters","url":"\/23.1-1024\/","token":"23.1\/III\/10\/4\/23.1-1024","metadata":false},{"id":76407,"structure_id":14810,"section_number":"23.1-1025","catch_line":"Covered institutions; operational authority; human resources; certain insurance plans","url":"\/23.1-1025\/","token":"23.1\/III\/10\/4\/23.1-1025","metadata":false},{"id":64122,"structure_id":14810,"section_number":"23.1-1026","catch_line":"Covered institutions; operational authority; human resources; severance policies","url":"\/23.1-1026\/","token":"23.1\/III\/10\/4\/23.1-1026","metadata":false},{"id":82551,"structure_id":14810,"section_number":"23.1-1027","catch_line":"Covered institutions; duties; tuition, fees, rentals, and other charges","url":"\/23.1-1027\/","token":"23.1\/III\/10\/4\/23.1-1027","metadata":false},{"id":73063,"structure_id":14810,"section_number":"23.1-1028","catch_line":"Covered institutions; duties; leases of property","url":"\/23.1-1028\/","token":"23.1\/III\/10\/4\/23.1-1028","metadata":false}],"previous_section":{"id":65904,"structure_id":14810,"section_number":"23.1-1015","catch_line":"Covered institutions; operational authority; financial operations; power to issue bonds, notes, or other obligations","url":"\/23.1-1015\/","token":"23.1\/III\/10\/4\/23.1-1015","metadata":false},"next_section":{"id":74516,"structure_id":14810,"section_number":"23.1-1017","catch_line":"Covered institutions; operational authority; procurement","url":"\/23.1-1017\/","token":"23.1\/III\/10\/4\/23.1-1017","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-1016\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapters 933<\/a> and 945<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2016, chapter 588<\/a>.<\/p>","references":[{"id":68739,"section_number":"23.1-1019","catch_line":"Covered institutions; operational authority; property, grants, and loans","order_by":null,"url":"\/23.1-1019\/"},{"id":73063,"section_number":"23.1-1028","catch_line":"Covered institutions; duties; leases of property","order_by":null,"url":"\/23.1-1028\/"},{"id":65754,"section_number":"36-98.1","catch_line":"State buildings; exception for certain assets owned by the Department of Transportation","order_by":null,"url":"\/36-98.1\/"}],"refers_to":[{"id":67323,"section_number":"36-137","catch_line":"Powers and duties of Board; appointment of Building Code Academy Advisory Committee","order_by":null,"url":"\/36-137\/"},{"id":78167,"section_number":"36-97","catch_line":"Definitions","order_by":null,"url":"\/36-97\/"}],"permalink":{"id":185589,"object_type":"law","relational_id":86805,"identifier":"23.1-1016","token":"23.1\/III\/10\/4\/23.1-1016","url":"\/23.1-1016\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-1016\/","token":"23.1\/III\/10\/4\/23.1-1016","dublin_core":{"Title":"Covered institutions; operational authority; financial operations; capital projects","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-1016","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The governing board<\/span> of each covered institution<\/span> shall adopt policies for the review, approval, and implementation of all capital projects<\/span> undertaken by the institution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All capital projects<\/span> of a covered institution<\/span>, whether funded by an appropriation of the General Assembly or otherwise, shall be approved by the institution’s governing board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as otherwise provided in subdivision D 2, capital projects<\/span> undertaken at a covered institution<\/span> may be exempt from any capital outlay oversight performed or required by the Department of General Services, the Division of Engineering and Buildings, the Department of Planning and Budget, and any other state agency that supports the functions performed by such departments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Capital projects<\/span> undertaken at a covered institution<\/span> are subject to the institution’s capital project<\/span> policies adopted pursuant to subsection A and: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any capital project<\/span> undertaken at a covered institution<\/span> that costs $300,000 or more is subject to the environmental, historic preservation, and conservation requirements of state law<\/span> that are generally applicable to capital projects<\/span> in the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the capital project<\/span> is funded in whole or in part with a general fund appropriation for that purpose or proceeds from bonds<\/span> issued under Article X, Section 9 (a), 9 (b), or 9 (c) of the Constitution of Virginia, or under Article X, Section 9 (d) of the Constitution of Virginia, if such issuance is supported by general funds, the project shall remain subject to the pre-appropriation approvals that are in effect within the executive and legislative branches of state government but may be exempt under the management agreement<\/span> from any state post-appropriation review, approval, administrative, or other policy or procedure functions performed or required by the Department of General Services, the Division of Engineering and Buildings, the Department of Planning and Budget, and any other state agency that supports the functions performed by such departments; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a covered institution<\/span> constructs improvements on land or renovates property that was originally acquired or constructed in whole or in part with a general fund appropriation for that purpose or proceeds from bonds<\/span> issued under Article X, Section 9 (a), 9 (b), or 9 (c) of the Constitution of Virginia, or under Article X, Section 9 (d) of the Constitution of Virginia, if such issuance is supported by general funds, and such improvements or renovations are undertaken entirely with funds not appropriated by the General Assembly, such improvements or renovations shall be consistent with such institution’s master plan approved by its governing board<\/span> and, if the cost of such improvements or renovations is reasonably expected to exceed $2 million, the institution’s decision to undertake such improvements or renovations shall be communicated to the Governor and to the Chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations no later than 60 days prior to the (i) commencement of construction or renovation or (ii) issuance of bonds<\/span>, notes, or other obligations<\/span> to finance such construction or renovation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Each covered institution<\/span> may designate a full-time employee to be its own building official and may determine the suitability for occupancy of and issue<\/span> certifications for building occupancy for all capital projects<\/span> undertaken at such institution. Such building official shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Ensure that the Virginia Uniform Statewide Building Code (§ 36-97<\/a> et seq.) requirements are met for that capital project<\/span> and that such project has been inspected by the State Fire Marshal or his designee prior to issuing any such certification; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Report directly and exclusively to the governing board<\/span> of the institution and be subject to review by the appropriate personnel in the Department of General Services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Be certified by the Department of Housing and Community Development to perform this function; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Have adequate resources and staff who are certified by the Department of Housing and Community Development in accordance with § 36-137<\/a> for such purpose and who shall review plans, specifications, and documents for compliance with codes and standards and perform required inspections of the work in progress and the completed project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No individual licensed professional architect or engineer hired or contracted to perform the functions set forth in subsection E shall also perform other code-related design, construction, facilities<\/span>-related project management, or facilities<\/span> management functions for the institution on the same project. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOVERED INSTITUTIONS; OPERATIONAL AUTHORITY; FINANCIAL OPERATIONS; CAPITAL\nPROJECTS (\u00a7 23.1-1016)\n\nA. The governing board of each covered institution shall adopt policies for the\nreview, approval, and implementation of all capital projects undertaken by the\ninstitution.\n\nB. All capital projects of a covered institution, whether funded by an\nappropriation of the General Assembly or otherwise, shall be approved by the\ninstitution’s governing board.\n\nC. Except as otherwise provided in subdivision D 2, capital projects undertaken\nat a covered institution may be exempt from any capital outlay oversight\nperformed or required by the Department of General Services, the Division of\nEngineering and Buildings, the Department of Planning and Budget, and any other\nstate agency that supports the functions performed by such departments.\n\nD. Capital projects undertaken at a covered institution are subject to the\ninstitution’s capital project policies adopted pursuant to subsection A\nand:\n\n 1. Any capital project undertaken at a covered institution that costs $300,000\n or more is subject to the environmental, historic preservation, and\n conservation requirements of state law that are generally applicable to\n capital projects in the Commonwealth;\n\n 2. If the capital project is funded in whole or in part with a general fund\n appropriation for that purpose or proceeds from bonds issued under Article X,\n Section 9 (a), 9 (b), or 9 (c) of the Constitution of Virginia, or under\n Article X, Section 9 (d) of the Constitution of Virginia, if such issuance is\n supported by general funds, the project shall remain subject to the\n pre-appropriation approvals that are in effect within the executive and\n legislative branches of state government but may be exempt under the\n management agreement from any state post-appropriation review, approval,\n administrative, or other policy or procedure functions performed or required\n by the Department of General Services, the Division of Engineering and\n Buildings, the Department of Planning and Budget, and any other state agency\n that supports the functions performed by such departments; and\n\n 3. If a covered institution constructs improvements on land or renovates\n property that was originally acquired or constructed in whole or in part with\n a general fund appropriation for that purpose or proceeds from bonds issued\n under Article X, Section 9 (a), 9 (b), or 9 (c) of the Constitution of\n Virginia, or under Article X, Section 9 (d) of the Constitution of Virginia,\n if such issuance is supported by general funds, and such improvements or\n renovations are undertaken entirely with funds not appropriated by the General\n Assembly, such improvements or renovations shall be consistent with such\n institution’s master plan approved by its governing board and, if the\n cost of such improvements or renovations is reasonably expected to exceed $2\n million, the institution’s decision to undertake such improvements or\n renovations shall be communicated to the Governor and to the Chairmen of the\n Senate Committee on Finance and Appropriations and the House Committee on\n Appropriations no later than 60 days prior to the (i) commencement of\n construction or renovation or (ii) issuance of bonds, notes, or other\n obligations to finance such construction or renovation.\n\nE. Each covered institution may designate a full-time employee to be its own\nbuilding official and may determine the suitability for occupancy of and issue\ncertifications for building occupancy for all capital projects undertaken at\nsuch institution. Such building official shall:\n\n 1. Ensure that the Virginia Uniform Statewide Building Code (§ 36-97 et\n seq.) requirements are met for that capital project and that such project has\n been inspected by the State Fire Marshal or his designee prior to issuing any\n such certification;\n\n 2. Report directly and exclusively to the governing board of the institution\n and be subject to review by the appropriate personnel in the Department of\n General Services;\n\n 3. Be certified by the Department of Housing and Community Development to\n perform this function; and\n\n 4. Have adequate resources and staff who are certified by the Department of\n Housing and Community Development in accordance with § 36-137 for such\n purpose and who shall review plans, specifications, and documents for\n compliance with codes and standards and perform required inspections of the\n work in progress and the completed project.\n\nF. No individual licensed professional architect or engineer hired or contracted\nto perform the functions set forth in subsection E shall also perform other\ncode-related design, construction, facilities-related project management, or\nfacilities management functions for the institution on the same project.\n\nHISTORY: 2005, cc. 933, 945, \u00a7 23-38.109; 2016, c. 588.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}