§ 143-135.26. Powers and duties of the Commission. - North Carolina Statutes

§ 143‑135.26.  Powersand duties of the Commission.

The State Building Commissionshall have the following powers and duties with regard to the State's capitalfacilities development and management program:

(1)        To adopt rulesestablishing standard procedures and criteria to assure that the designerselected for each State capital improvement project, the consultant selectedfor planning and studies of an architectural and engineering nature associatedwith a capital improvement project or a future capital improvement project anda construction manager at risk selected for each capital improvement projecthas the qualifications and experience necessary for that capital improvementproject or the proposed planning or study project. The rules shall provide thatthe State Building Commission, after consulting with the funded agency, isresponsible and accountable for the final selection of the designer, consultantor construction manager at risk except when the General Assembly or TheUniversity of North Carolina is the funded agency. When the General Assembly isthe funded agency, the Legislative Services Commission is responsible andaccountable for the final selection of the designer, consultant, or theconstruction manager at risk and when the University is the funded agency, itshall be subject to the rules adopted hereunder, except it is responsible andaccountable for the final selection of the designer, consultant, orconstruction manager at risk. All designers and consultants shall be selectedwithin 60 days of the date funds are appropriated for a project by the GeneralAssembly or the date of project authorization by the Director of the Budget;provided, however, the State Building Commission may grant an exception to thisrequirement upon written request of the funded agency if (i) no site wasselected for the project before the funds were appropriated or (ii) funds wereappropriated for advance planning only; provided, further, the Director of theBudget, after consultation with the State Construction Office, may waive the 60‑dayrequirement for the purpose of minimizing project costs through increasedcompetition and improvements in the market availability of qualifiedcontractors to bid on State capital improvement projects. The Director of theBudget also may, after consultation with the State Construction Office,schedule the availability of design and construction funds for capitalimprovement projects for the purpose of minimizing project costs throughincreased competition and improvements in the market availability of qualifiedcontractors to bid on State capital improvement projects.

            TheState Building Commission shall submit a written report to the JointLegislative Commission on Governmental Operations on the Commission's selectionof a designer for a project within 30 days of selecting the designer.

(2)        To adopt rules forcoordinating the plan review, approval, and permit process for State capitalimprovement and community college buildings, as defined in subdivision (4) ofthis section. The rules shall provide for a specific time frame for plan reviewand approval and permit issuance by each agency, consistent with applicablelaws. The time frames shall be established to provide for expeditious review,approval, and permitting of State capital improvement projects and communitycollege buildings. To further expedite the plan review, approval, and permitprocess, the State Building Commission shall develop a standard memorandum ofunderstanding to be executed by the funded agency and all reviewing agenciesfor each State capital improvement project. The memorandum of understanding, atminimum, shall include provisions for establishing:

a.         The type andfrequency of plan reviews.

b.         The submittal datesfor each plan review.

c.         The estimated planreview time for each review and reviewing agency.

d.         A schedule ofmeeting dates.

(2a)      To adopt rulesexempting specified types of State capital improvement projects, includingcommunity college buildings as defined in subdivision (4) of this section, fromplan review.

(3)        To adopt rules forestablishing a post‑occupancy evaluation, annual inspection andpreventive maintenance program for all State buildings.

(4)        To developprocedures for evaluating the work performed by designers and contractors onState capital improvement projects and those community college buildings, asdefined in G.S. 143‑336, requiring the estimated expenditure forconstruction or repair work for which public bidding is required under G.S. 143‑129,and for use of the evaluations as a factor affecting designer selections anddetermining qualification of contractors to bid on State capital improvementprojects and community college buildings.

(5)        To continuouslystudy and recommend ways to improve the effectiveness and efficiency of the State'scapital facilities development and management program.

(6)        To request designersselected prior to April 14, 1987, whose plans for the projects have not beenapproved to report to the Commission on their progress on the projects. TheDepartment of Administration shall provide the Commission with a list of allsuch projects.

(7)        To appoint anadvisory board, if the Commission deems it necessary, to assist the Commissionin its work. No one other than the Commission may appoint an advisory board toassist or advise it in its work.

(8)        To review theState's provisions for ensuring the safety and health of employees involvedwith State capital improvement projects, and to recommend to the appropriateagencies and to the General Assembly, after consultation with the Commissionerof Labor, changes in the terms and conditions of construction contracts, Stateregulations, or State laws that will enhance employee safety and health onthese projects.

(9)        To authorize a Stateagency, a local governmental unit, or any other entity subject to theprovisions of G.S. 143‑129 to use a method of contracting not authorizedunder G.S. 143‑128. An authorization under this subdivision for analternative contracting method shall be granted only under the followingconditions:

a.         An authorizationshall apply only to a single project.

b.         The entity seekingauthorization must demonstrate to the Commission that the alternativecontracting method is necessary because the project cannot be reasonablycompleted under the methods authorized under G.S. 143‑128 or for suchother reasons as the Commission, pursuant to its rules and criteria, deemsappropriate and in the public's interest.

b1.       The entity includesin its bid or proposal requirements that the contractor will file a plan for makinga good faith effort to reach the minority participation goal set out in G.S.143‑128.2.

c.         The authorizationmust be approved by a majority of the members of the Commission present andvoting.

TheCommission shall not waive the requirements of G.S. 143‑129 or G.S. 143‑132for public contracts unless otherwise authorized by law.

(10)      To adopt rulesgoverning review and final approval of plans that are submitted to the StateConstruction Office pursuant to G.S. 58‑31‑40. The rules shallprovide for the manner of submission of the plan by the owner, the type ofstructural work that may be completed by the owner pursuant to G.S. 58‑31‑40(c),and the expeditious review or completion of review of the plan in a manner thatensures that the building will meet the fire safety requirements of G.S. 58‑31‑40(b).

(11)      To develop disputeresolution procedures, including mediation, for subcontractors under any of theconstruction methods authorized under G.S. 143‑128(a1) on State capitalimprovement projects, including building projects of The University of NorthCarolina, and community college buildings as defined in subdivision (4) of thissection, for use by any public entity that has not developed its own disputeresolution process.

(12)      To adopt rulesgoverning the use of open‑end design agreements for State capitalimprovement projects and community college buildings as defined in subdivision(4) of this section, where the expenditure of public money does not exceed theamount specified in G.S. 143‑64.34(b) or (c).

(13)      To submit an annualreport of its activities to the Governor and the Joint Legislative Commissionon Governmental Operations. (1987, c. 71, s. 1; c. 721, s. 2; c. 830, s. 79(a);1989, c. 50; 1989 (Reg. Sess., 1990), c. 889; 1991 (Reg. Sess., 1992), c. 893,s. 1; 1993, c. 561, s. 29; 1995, c. 367, s. 10; 1996, 2nd Ex. Sess., c. 18, s.10.1; 2001‑496, s. 11; 2005‑370, s. 2; 2007‑446, s. 4.)