Chapter 3318:1-5 | Exceptional Increases in Enrollment

Rule 3318:1-5-01 | Additional classroom facilities assistance for an exceptional increase in enrollment.

• Effective: April 26, 2018
• Promulgated Under: 119.03

(A) A district may be considered to have an exceptional increase in enrollment, for the purposes of securing additional state funding for facilities improvements pursuant to section 3318.04 of the Revised Code, if a school district demonstrates to the satisfaction of the Ohio facilities construction commission it meets the following criteria:

(1) The district has an enrollment that exceeds one hundred fifteen per cent of design capacity in the school district's master facilities plan;

(2) The population does not include open-enrollment students from outside the district;

(3) The situation has existed for a minimum of three consecutive years; and

(4) The situation cannot be rectified by shifting student population between buildings in the school district

(B) A school district shall notify the commission in writing of an exceptional increase in enrollment that meets all the criteria in paragraph (A) of this rule and present to the commission evidence of such increase.

(C) The commission will review the programming and grade configurations of the district to identify whether students can be shifted among different buildings or space within a single facility to eliminate overcrowding.

(D) The commission will review the master plan of the district to verify a district's design capacity and may conduct an enrollment projection study of the district.

(E) Upon commission review and verification that a school district meets all the criteria in paragraph (A) of this rule, the commission may consider providing additional state funding for facilities improvements pursuant to section 3318.04 of the Revised Code. The commission shall provide written notification to the school district of the final determination.

Last updated September 7, 2022 at 11:08 AM

Supplemental Information

Authorized By: 123.21
Amplifies: 3318.04
Five Year Review Date: 9/7/2027
Prior Effective Dates: 8/10/2012

Rule 3318:1-5-02 | Waiver of the two-thirds guideline for new construction vs. renovation.

• Effective: January 23, 2023
• Promulgated Under: 119.03

(A) The Ohio facilities construction commission may approve master plans that incorporate variances from its planning guidelines. A master plan may include the renovation of buildings where the cost of renovation exceeds two-thirds the cost of new construction and may include the replacement of facilities where the cost of renovation is less than two-thirds the cost of new construction as calculated under rule 3318:1-3-01 of the Administrative Code.

(B) Commission staff shall evaluate requests for such waivers and make a recommendation to the commission. The commission approval of the master plan shall constitute approval of the waiver.

(C) Without limitation, factors to be considered in evaluating such requests include:

(1) Historical significance of the building;

(2) The overall quality of the spaces, including such factors as access to light and air;

(3) The overall quality of the space in supporting education;

(4) Functionality and adjacency of spaces within the school building;

(5) Adequacy of means of egress;

(6) Adequacy of site;

(7) Logical and efficient circulation patterns of students and staff;

(8) Ability to meet requirements of the Americans with Disabilities Act;

(9) Adequacy of the typical classroom size;

(10) Ease of expansion; and.

(11) Consideration of long-term durability of existing building systems.

(D) The commission shall also consider the educational adequacy of the building if it were renovated according to 2021 Ohio school design manual standards, which can be found on the commission's web site at ofcc.ohio.gov, including but not limited to the factors listed in paragraphs (C)(1) to (C)(11) of this rule as well as:

(1) The scope and cost of renovations required for the facility to be educationally adequate.

(2) The context of the entire master plan and the practical considerations of phasing of work, making space available for instruction during the build out of the entire district facility needs, site constraints, and community concerns.

Last updated January 23, 2023 at 11:24 AM

Supplemental Information

Authorized By: 123.21
Amplifies: 3318.02
Five Year Review Date: 1/21/2028
Prior Effective Dates: 8/10/2012

Rule 3318:1-5-03 | Variance from the provisions of the design manual.

• Effective: April 26, 2018
• Promulgated Under: 119.03

(A) The Ohio facilities construction commission may approve a design element that varies from the provisions contained in the Ohio school design manual when a school district demonstrates good cause.

(B) The requests will be evaluated by commission staff and approved or disapproved by the executive director. Without limitation, factors considered in approving or denying such requests are:

(1) Educational adequacy;

(2) Practicality;

(3) Durability and serviceability of materials and systems;

(4) Operational efficiency;

(5) Life cycle cost;

(6) Construction cost.

(C) Variance requests shall be prepared by the architect of record or criteria architect and submitted to the commission prior to the incorporation of the variance into the project design. A variance cannot be incorporated into the project design until approved by the commission.

(D) Procedural protocol for submission of variance requests shall be as established by the commission staff.

(E) A variance committee comprised of commission staff will evaluate requests for variances monthly or more frequently as deemed appropriate. The variance committee will make a recommendation to the executive director for a determination.

(F) The executive director will review the recommendation of the variance committee and the variance request and shall make a determination to approve, conditionally approve or to deny the request.

Last updated September 7, 2022 at 11:08 AM

Supplemental Information

Authorized By: 123.21
Amplifies: 3318.02
Five Year Review Date: 9/7/2027
Prior Effective Dates: 8/10/2012

Rule 3318:1-5-04 | Limitations on state funding for the renovation of existing school buildings.

• Effective: January 23, 2023
• Promulgated Under: 119.03

(A) Pursuant to section 3318.03 of the Revised Code, the Ohio facilities construction commission may, at the request of a school district board of education, approve a master plan, which includes renovation projects that exceed the cost of new construction for the student population assigned. The projected cost for such renovation projects shall be determined pursuant to rule 3318:1-3-01 of the Administrative Code, and such renovation projects shall meet the requirements of rule 3318:1-5-02 of the Administrative Code. In no case shall the state contribution to such renovation project exceed the state share of the cost of new construction.

(1) The cost of new construction for the same grade configuration and projected enrollment shall be determined according to rule 3318:1-3-01 of the Administrative Code that defines the calculation of the project budget. The cost shall not include items such as an allowance for demolition, swing space, environmental abatement or warm, safe and dry expenditures to stabilize an existing structure prior to replacement or other items as determined by the commission.

(2) The maximum amount of the co-funded portion of a renovation project shall be the cost for a new facility determined under paragraph (A)(1) of this rule, which shall be calculated at the time the master plan is approved for funding by the controlling board, or, for segments of accelerated urban projects, at the time the project agreement for that segment is signed.

(B) The cost of the work associated with the preservation or restoration of items including, but not limited to, ornamental plaster, terra cotta pieces, and antique painting will not be co-funded by the state. The cost of work associated with preservation, restoration or replacement of existing building systems with like materials including but not limited to, clay tile or slate roofing material will be co-funded by the state only up to the average budgeted cost for Ohio school design manual compliant building systems.

(C) The commission, prior to award of any contract or before approval of any change order, shall require that a district certify the availability of local resources to fund renovation costs in excess of the maximum co-funded dollar amount calculated under paragraph (A) of this rule, which is necessary to achieve the renovations in the accepted assessment report and master plan and to fund any anticipated work described in paragraph (B) of this rule.

Last updated January 23, 2023 at 11:24 AM

Supplemental Information

Authorized By: 123.21
Amplifies: 3318.03
Five Year Review Date: 1/21/2028
Prior Effective Dates: 8/10/2012