(1) In accordance with the division's permitting authority described in Section 63A-5b-1218, the division shall review and approve or deny all construction documents for public school construction: (a) within 10 business days; and (b) before an LEA may begin construction. (2) The division's plan review shall verify compliance with: (a) adopted building codes and standards; (b) division construction rules; (c) accessibility requirements; (d) energy code compliance; (e) structural engineering requirements; (f) fire and school safety provisions; (g) mandatory safety and security standards; (h) emergency response and evacuation protocols required under Subsection 53-22-102(3)(c); and (i) other building or construction codes the division determines relevant. (3) The division may require corrections to construction documents and may not approve plans that fail to meet applicable standards. (4) An LEA may not begin construction until the division has issued a written approval of the construction documents and a permit under Section 63A-5b-1218. (5) Before approving any construction contract exceeding $1,000,000, an LEA shall: (a) submit proposed contract costs to the division for benchmark comparison when such comparisons become reasonably available following the division's establishment of a baseline; (b) provide written justification for any costs exceeding division benchmarks by more than 10%; (c) demonstrate compliance with standardized procurement procedures; and (d) receive division approval before contract execution. (6) Before beginning any public school construction project, an LEA shall: (a) submit a pre-construction application to the division that includes: (i) detailed project scope and specifications; (ii) preliminary cost estimates; (iii) a proposed project timeline; and (iv) funding sources and financial capacity documentation; (b) receive division approval that the project: (i) fits within the cost matrix established by division rule; (ii) meets cost per square foot parameters for the building type and region; (iii) demonstrates reasonable and appropriate costs for the proposed scope; and (iv) complies with all applicable standards and requirements; and (c) demonstrate that the project costs are consistent with: (i) division cost benchmarks for similar projects; (ii) regional cost factors; (iii) current market conditions; and (iv) industry standards for educational facilities. (7) The division shall: (a) review pre-construction applications within 15 business days; (b) approve, conditionally approve with modifications, or deny applications based on cost matrix compliance; (c) provide written explanation for any required modifications or denials; (d) work with the LEA to bring non-compliant projects into compliance with the cost matrix; and (e) maintain records of all project approvals and cost matrix determinations. (8) The division may not issue a construction permit under Section 63A-5b-1218 until the project has received cost matrix approval under this section. (9) The division may delegate plan review responsibilities to qualified third-party reviewers subject to division oversight and final approval. (10) An LEA may appeal the following determinations under this section to the appeals panel established under Section 63A-5b-1221: (a) denial of construction permit applications; (b) cost matrix determinations under Subsections (6) and (7); (c) required plan corrections under Subsection (3); (d) pre-construction application denials under Subsection (7)(b); and (e) conditions imposed on project approvals.
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