Alabama Code 16-1-2.4. Management of construction and renovation of property; capital improvement projects; transfer of powers, authority, and jurisdiction.
(a) Notwithstanding any provision of law to the contrary, the governing board of each educational institution or state educational institution, as defined in Section 41-4-400(d), shall have full power and authority for, and on behalf of, the State of Alabama to do any or all of the following in relation to that institution:
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
property: includes both real and personal property. See Alabama Code 1-1-1
state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
(1) To acquire lands by purchase, condemnation, or otherwise.(2) To plan for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing, improvement, or relocation of buildings, structures, and facilities.(3) To set policies, procedures, and guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and improvement of all property now owned or hereafter acquired.(4) To construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish, improve, and locate buildings, structures, and facilities.(5) To enter into contracts or consult with architects, engineers, contractors, suppliers, and others as needed to perform any of the functions provided for in this subsection.(6) To receive any monies, land, or equipment donated, appropriated, or otherwise acquired by it for the purposes provided for in this subsection.(7) To charge and provide for collection of user fees for its services. The fees established shall take into consideration the costs of the governing board incurred under this section.(8) To make and adopt all necessary rules, regulations, and plans for its own guidance and for the proper conduct of the duties imposed upon it.(9) To review and approve or disapprove all proposed construction, renovation, or improvement projects for constructability, durability, and maintainability and to ensure the efficient use and availability of funds.(10) To review and administer all design and construction contracts for facilities as provided for in this subsection.(11) To review all emergency project declarations and to aid in the timely execution of emergency projects.(12) To hire architects, inspectors, and any other personnel necessary for the purposes provided for in this subsection or the duties assigned under this section.(b)(1)a. At any K-12 school or at any four-year public institution of higher education , any capital improvement project or any alterations, additions, repair, or maintenance of heating, ventilation, and air conditioning systems or any alterations, additions, repair, or maintenance of a roof shall not be subject to approval by the Division of Construction Management within the Department of Finance; provided, that the estimated cost of the project after design completion is certified by a licensed architect or licensed engineer to be no more than seven hundred fifty thousand dollars ($750,000).b.1. For any project exempt from approval pursuant to paragraph a., the governing body of the K-12 school or four-year public institution of higher education shall submit documents to the Division of Construction Management for the sole purpose of review and inspection for compliance with the Americans with Disabilities Act, 42 U.S.C. § 12 – 1 – 1 et seq., and rules and regulations adopted thereunder, and for fire safety and life safety compliance, and issuance of written recommendations to the school or institution at no cost to the school or institution or the governing body for the school or institution.
2. The Division of Construction Management shall issue its written recommendations no later than 30 days following receipt of documentation pursuant to subparagraph 1.If the division is unable to issue recommendations within the 30-day period following receipt of documentation, the division, prior to the expiration of the 30-day period, shall issue to the party that submitted the documentation a written notice explaining the reasons for the delay, and shall issue the recommendations no later than 45 days following the original receipt of documentation pursuant to subparagraph 1.3. Recommendations issued by the division pursuant to this paragraph shall be maintained by the division as public writings for purposes of Article 3 of Chapter 12 of Title 36.c. The Division of Construction Management, in consultation with the State Department of Education, shall develop and distribute forms relating to projects subject to this subdivision for use by local boards of education. The division shall ensure that the use of these forms alone does not require use of Division of Construction Management services for projects subject to this subdivision, except for the issuance of recommendations pursuant to paragraph b.d. For purposes of this subdivision, “fire safety and life safety compliance” means compliance with those provisions of uniform minimum building standards code adopted by the Division of Construction Management pursuant to law that relate to risk of electrical or fire hazards, risk of injury, or illness.
(2) Any repair or maintenance project with an estimated cost certified by a licensed architect or licensed engineer to be no more than seven hundred fifty thousand dollars (750,000); any repair or maintenance of heating, ventilation, and air conditioning systems; and any roofing repair or maintenance shall not be subject to approval by the governing board of an educational institution or state educational institution.(c) All powers, authority, and jurisdiction of the Division of Construction Management or the former Building Commission relating to any educational institution or state educational institution, including, but not limited to, those authorities currently established in Sections 16-1-2.2, 16-16-10(o)(2) and (p), 39-2-2(f)(1), 41-9-243, and 41-16-72(3)(a) through (f), which were previously transferred to the Division of Construction Management within the Department of Finance, are transferred to the governing board of that institution; provided, that the Division of Construction Management shall retain its authority to adopt uniform minimum building standards code for the construction and renovation of facilities at any educational institution or state educational institution.
