                                 CODE OF VIRGINIA

COVERED INSTITUTIONS; OPERATIONAL AUTHORITY; FINANCIAL OPERATIONS; CAPITAL
PROJECTS (§ 23.1-1016)

A. The governing board of each covered institution shall adopt policies for the
review, approval, and implementation of all capital projects undertaken by the
institution.

B. All capital projects of a covered institution, whether funded by an
appropriation of the General Assembly or otherwise, shall be approved by the
institution&#8217;s governing board.

C. 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.

D. Capital projects undertaken at a covered institution are subject to the
institution&#8217;s capital project policies adopted pursuant to subsection A
and:

   1. 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;

   2. 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

   3. 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&#8217;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&#8217;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. 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:

   1. Ensure that the Virginia Uniform Statewide Building Code (&#xA7; 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. 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;

   3. Be certified by the Department of Housing and Community Development to
   perform this function; and

   4. Have adequate resources and staff who are certified by the Department of
   Housing and Community Development in accordance with &#xA7; 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. 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.

HISTORY: 2005, cc. 933, 945, § 23-38.109; 2016, c. 588.