5 CCR s 20430

Cal. Admin. Code tit. 5, s 20430

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 2. CALIFORNIA STATE LIBRARY
CHAPTER 3. CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY
CONSTRUCTION AND RENOVATION BOND ACT OF 2000
ARTICLE 1. GENERAL PROVISIONS
This database is current through 02/09/07, Register 2007, No. 6
s 20430. Definitions.

(a) Addition - a project that increases the floor area of enclosed space
of an existing building. "Addition" also means "expansion."

(b) Addition/remodeling - a project that combines remodeling with an
addition to an existing building.

(c) Administrative costs of the project [Education Code section 19990] -
administrative costs include costs of any services provided by employees
of the applicant jurisdiction or its library service provider, excluding
professional services as described in section 20432(e) and (f) where such
services are required by the applicant jurisdiction to be provided by a
Public Works or similar department, or by other departments providing the
professional services, and where the costs are directly billed to the
construction project.

(d) Applicant - a local jurisdiction as defined under Education Code
section 19988 that is eligible for a grant and that is in the process of
making application for California Reading and Literacy Improvement and
Public Library Construction and Renovation Bond Act of 2000 funds.

(e) Application Form - the form entitled "Application Form: California
Reading and Literacy Improvement and Public Library Construction and
Renovation Bond Act of 2000 Funds" found in section 20440, Appendix 1.

(f) Appraised value - the value of land, an existing building, or any
other improvements as determined by an independent certified appraiser no
more than one year prior to the date of the Board's deadline for
application. [See section 20436(a) for appraisal requirements.]

(g) Architect - an architect holding a valid license under California
Business and Professions Code, Chapter 3, Division 3, commencing with
section 5500.

(h) Assignable square footage - the usable space within the building
assigned to furniture and equipment, excluding any non-assignable space.

(i) Board - California Public Library Construction and Renovation Board.

(j) Bond Act - the California Reading and Literacy Improvement and Public
Library Construction and Renovation Bond Act of 2000 (Education Code
sections 19985-20011).

(k) Co-located library - a library that houses a combined public library
and public school library in a single facility, either on or off of school
grounds. Library services provided in the facility shall be defined by a
cooperative agreement between the public library jurisdiction that will
operate the library and one or more public school districts serving any
combination of K-12 students. The terms "co-location project" and
"co-located library" are used synonymously. If portions of a co-located
project are not devoted to the delivery and support of public library
direct service, the project shall be considered, in addition, a
multipurpose project.

( l ) Common areas of a multipurpose building - areas of a multi-occupant
building that are shared by its occupants.

(m) Community Library Needs Assessment - a written evaluation of the
library service needs of an identified public library service area
containing the elements specified in section 20440, Appendix 3.

(n) Completion of the public library project - For the purposes of Bond
Act grant projects, the public library project shall be considered
complete at Substantial Completion.

(o) Construction manager - an individual who has had responsibility for
construction management for five or more construction projects in excess
of $1,000,000 each, within the 10 years prior to the Board's application
deadline.

(p) Conversion - remodeling an existing building that is not currently
used for public library purposes to make it a public library.

(q) Construction cost estimator - an individual who has had responsibility
for five or more construction project cost estimates in excess of
$1,000,000 each, within the 10 years prior to the Board's application
deadline.

(r) Cooperative agreement - a written legal agreement containing the
elements specified in section 20440 , Appendix 2.

(s) DSA - Division of the State Architect, Department of General Services,
State of California.

(t) Electronic technologies - any electronic device or network that
processes or provides access to data or information.

(u) Eligible project costs - reimbursable costs authorized in Education
Code sections 19989 and 19995(b) as made specific in these regulations.

(v) Eligible projected construction cost:

(1) For new construction - construction contract costs for a public
library or joint use library facility derived by calculating the
normal public construction costs in the applicant's area as
specified in section 20436(c).

(2) For conversion, remodeling, and addition/remodeling -
construction costs related to all aspects of remodeling,
rehabilitating, or renovating an existing public library facility
owned by the applicant; or construction costs related to the
conversion of a building into a public library, as specified in
section 20436(d).

(w) Engineer - an engineer holding a valid license under California
Business and Professions Code, Chapter 7, Division 3, commencing
with section 6700, in that branch of engineering that is applicable.

(x) Existing public library - a facility operated to provide public
library direct service, either owned or leased, if the lease has a
total duration of not less than 20 years.

(y) Existing public school library - a facility operated to provide
library service to students in a public school, either owned or
leased, if the lease has a total duration of not less than 20 years.

(z) Fenestration - the arrangement, proportioning, and design of
exterior and interior windows, clerestories, skylights, window
walls, and doors in a building.

(aa) Field Act - Education Code sections 17281, 17365, and 81130.

(bb) Gross square footage - the entire area of the building interior
including the exterior wall thickness. The total of the assignable square
footage and the non-assignable square footage equals the gross square
footage. Whenever the terms or abbreviations "square footage," "square
feet," "SQ FT," or "SF" are used in the Bond Act regulations or appendices
without the modifiers "assignable" or "non-assignable," then the terms or
abbreviations mean "gross square footage" or "gross square feet."

(cc) Inadequate infrastructure - incoming telecommunication connection to
a public school building equal to or less than 512 thousand bits per
second (512K bps).

(dd) Joint use project - a public library project that is either a
co-located library or a joint venture project.

(ee) Joint venture project - a project to construct a public library
facility that jointly serves both public library users and any combination
of K-12 students as defined by a cooperative agreement between a public
library jurisdiction and one or more public school districts. Joint
venture library services are defined in section 20434(a)(1)(B).

(ff) K-12 - kindergarten through grade 12.

(gg) Library building program - the planning document that describes the
space requirements and all other general building considerations required
for the design of a public library building, as specified in section
20440, Appendix 5.

(hh) Library consultant - a qualified library consultant who meets all of
the following criteria:

(1) Possesses a Master of Library Science or equivalent 5th year
degree in library science.

(2) Has been a consultant for at least five different library
projects within the last 10 years for the development of at least
one of the following:

(A) Library needs assessment.

(B) Library plan of service.

(C) Library facility master plan.

(D) Library site study.

(E) Library building program.

(F) Library architectural plans review.

(3) Has provided the services in (2) above as an independent
contractor or as the employee of an organization involved with the
administration of public libraries.

(ii) Library facilities master plan - a jurisdiction-wide plan detailing
the anticipated need for new and/or remodeled public library facilities
for a specified period of time.

(jj) Local matching funds - 35% of the total eligible project costs
submitted in the Library Project Budget in the Application Form, which the
applicant is responsible for obtaining from sources other than the Bond
Act.

(kk) Mid-point of construction - the calendar date that falls half-way
between the start of construction and Substantial Completion of the
project.

( ll ) Multipurpose building - a multi-occupant facility, part of which is
a public library and part of which is used for other purposes. [See also
the definition (k), Co-located library].

(mm) New construction - new building square footage for one or more of the
following:

(1) A totally new library building.

(2) An addition to an existing public library building owned by the
applicant.

(3) An addition to an existing building that is being converted to
a public library building.

(nn) New public library - any of the following:

(1) The construction of a new public library building.

(2) The acquisition of a building that is not currently a public
library and remodeling it to become a public library.

(3) A replacement facility for an existing public library, whether
on the same site or a new site.

(oo) Non-assignable space - utility areas of a building required
for the function of the building, including stairways; elevators;
corridors and interior walkways; public lobbies; restrooms; duct
shafts; mechanical rooms; electrical closets; telecommunications
closets for voice, data, electrical, security, and fire systems;
janitor's closets; fireplaces; interior and exterior wall thickness;
and exterior amenities that are part of the building but not
enclosed, such as loading docks and covered patios, porches, and
walkways.

(pp) Project - a remodeling, remodeling with addition, or new
construction project for purposes authorized under Education Code
section 19989.

(qq) Project manager - an individual who has had responsibility for
project management of five or more construction projects in excess
of $1,000,000 each, within the 10 years prior to the Board's
application deadline.

(rr) Projected construction cost - the construction cost of the
library project as estimated by an architect, engineer, or
construction cost estimator.

(ss) Public library portion of a building or site - the portion of
the building or site dedicated to the delivery and support of public
library direct services plus the pro rata share of common areas
attributable to the delivery and support of public library direct
services.

(tt) Readers' seats - all seating in the library available for the
public of all ages to use while reading print materials (i.e.,
lounge seating, benches, floor cushions, seating at tables, carrels,
and study counters). Readers' seats do not include technology
workstations.

(uu) Remodeling - any form of renovation or rehabilitation of an
existing facility. The following terms are used synonymously:
remodeling, renovation, and rehabilitation.

(vv) State matching funds - 65% of the total eligible project costs
submitted in the Library Project Budget in the Application Form.

(ww) Substantial Completion - the date on which the owner and
contractor agree that the construction contract is sufficiently
complete to permit the owner to take possession of the facility.

(xx) Supplemental funds - local funds required to cover ineligible
project costs that are directly related to the construction project.

(yy) Technology workstations - workstations in the library (e.g.
tables, carrels, counters, office systems) available for the public
of all ages to use while operating any kind of library-provided
electronic or audiovisual technology (i.e., personal computers,
computer terminals, on-line public access computers (OPAC), audio
and video units, ADA adaptive technology, and microform readers).

Note: Authority cited: Section 19992, Education Code. Reference:
Sections 19989, 19994, 19995 and 19996, Education Code.

HISTORY

1. New chapter 3 (articles 1-2, sections 20430-20444), article 1 (section
20430) and section filed 12-5-2001; operative 1-4-2002 (Register 2001, No.
49).

5 CCR s 20430, 5 CA ADC s 20430
1CAC

5 CA ADC s 20430

END OF DOCUMENT