WYOMING STATE BUILDING COMMISSION RULES AND REGULATIONS CHAPTER I GENERAL PROVISIONS Section 1. Wyoming State Building Commission. The Wyoming State Building Commission was established by W.S. 9-5-101, as amended, and has the powers and duties established in W.S. 6-5-101 through 108. Section 2. Authority. These rules are promulgated in accordance with the Wyoming Administrative Procedures Act, W.S. 16-3-101 st.seq.; W.S. 9-5-101 through 9-5-108; and W.S. 9-2-1023. Section 3. Members. Members of the Commission shall include the Governor, who shall serve as chairman, the Secretary of State, the State Treasure, the State Auditor and the Superintendent of Public Instruction. The administrator of the General Services Division shall function as secretary to the commission. Section 4. (a)

Definitions.

The following definitions shall prevail in these rules.

“Commission” means the Wyoming State Building Commission.

(b) “Chairman” means the Governor of the State of Wyoming or, upon the Governor’s designation, an alternate Commission member. (c) “Secretary” means the administrator of the General Services Division of the Department of Administration and Information. (d) “Dangerous Weapon” means all items described in W.S. 6-1-104 (a)(iv) and any other implement or device capable of being used as a deadly weapon, which has no reasonable usage related to the conduct of government business. Ordinary pocket knives, not exceeding six inches in overall length when open, are not considered as a dangerous weapon under this rule. (e) (f) Information.

“SBC” means the Wyoming State Building Commission. “A&I” means the State of Wyoming, Department of Administration and

(g) “GSD” means the State of Wyoming, Department of Administration and Information, General Services Division. (h) “Purchasing” means the State of Wyoming, Department of Administration and Information, General Services Division, Purchasing Services. (i) “Fair Market Value” means the estimated highest price a buyer would be warranted in paying and a seller justified in accepting, provided both parties were fully informed and acted intelligently and voluntarily. 1-1

CHAPTER II MEETINGS

Section 1. Quarterly meetings. The Commission shall, as provided by W.S.9-5-107 (f), hold at least one meeting each quarter, which meeting shall be called by the Secretary after consultation and coordination with the Chairman and other members of the Commission. Special meetings may be called by the Chairman. All meetings shall be held in accordance with W.S. 16-4-403, Public Meetings Act. Nothing contained in these rules shall be construed as prohibiting the Commission or the Chairman from holding informational proceedings, meeting or conferences deemed by the Commission to be necessary in the performance of their duties.

Section 2. Place of Meeting. Unless otherwise designated in the call of a meeting, each meeting shall be held in Cheyenne, Wyoming. Section 3. Notice. Notice of any quarterly or special meeting shall be provided to any person who request notice in writing. Notice shall also be provided to each newspaper or general circulation, radio or television station requesting the notice in writing. The notice shall specify the date, time and place of the meeting and the business at any meeting of the Commission. Section 4. Quorum and Manner of Acting. Three members of the Commission shall constitute a quorum for transaction of business at any meeting of the Commission. Section 5. Majority for Approval of Actions. A majority vote of the members of the Commission present at the meeting shall be required for approval of any actions of the Commission. Section 6. Agenda. The agenda shall be prepared under the direction of the Chairman for each meeting of the Commission. Copies of the agenda and other available data shall be mailed to Commission members before each meeting. At regular meetings, time shall be provided for items not on the agenda. The agenda shall include an opportunity for the public to comment on an issue or project under consideration of the Commission at that meeting. Section 7. Minutes. Minutes of the meeting shall be prepared under the supervision and direction of Secretary, submitted at the next meeting of the Commission for approval, and upon Commission approval, signed by the Chairman and the Secretary. Section 8. Rules of Order. Any matter of procedure or conduct not specifically provided for by state law or rules and regulations of the Commission shall be governed by Robert’s Rules of Order Revised, Latest Edition.

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CHAPTER III ADMINSTRATION Section 1. Signing of Contracts. Chairman shall sign and secretary shall attest only those contracts, agreements, memorandums of understanding or other documents of the Commission. With the Commission’s approval, the secretary may sign Commission documents on behalf of the Chairman.

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CHAPTER IV PUBLIC HEARINGS Sections 1. Holding of Hearings. Public hearings shall be held by the Commission, for the purposes provided in W.S. 9-5-108 (b)(ii). Nothing contained in these rules shall be construed as prohibiting the Commission or the Secretary from holding informational proceedings, meeting or conferences deemed by the Commission to be necessary in the performance of their duties. (a). Membership Present. Commission members may attend any public hearing required under W.S. 9-5-108 (b)(ii). The Chairman or his designee shall preside over the public hearing. The Secretary or his designee shall attend the hearing.

(b) Notice of Hearing. When the Commission has established an appropriate time and place for such a hearing, the Secretary shall arrange for a paid notice of the hearing to be published in a newspaper or newspapers of general circulation in the area affected by the project or issue to be considered at the hearing. Such notice shall contain sufficient detail to inform interested parties of the date, time, location, and subject of the hearing, and shall be published not less than once each week for three weeks prior to the hearing. (c) Conduct of Hearings. At the hearing, any person will be allowed to present evidence, comments, or opinions. The hearing shall not be considered a contested case. (i) The Chairmen shall announce that the hearing is open and call the proposed project or other matter to be heard.

(ii) The Secretary or his designate(s) will present the details or the project involved or other matter to be heard. (iii) The Chairman may allow, in his discretion, testimony to be offered in any order. (iv)

Time for presentations may be limited by the Chairman.

(v)

The Chairman may recess the hearing as required.

(vi) After all interested parties have been offered the opportunity to be heard, the Chairman shall declare the hearing closed and excuse all witnesses or interested parties. The matter may be reopened at a later date, for good cause shown, by order of the Commission upon motion. (vii) The Chairman shall declare that the matter is taken under advisement and that the decision of the Commission will be announced at a later date. 4-1

(d) Legal Counsel. In all matters before the Commission, the Commission may request the Attorney General of the State of Wyoming or a representative of his staff to be present throughout the hearing.

(e) Reporting of Testimony. Summary minutes of the public hearing, including all testimony, shall be taken. Public hearing may be tape recorded. Copies of the hearing’s minutes and/or the tape recording shall be made available to the public. (f) Record of Hearing. The record of all hearings shall include all formal and informal notices; reported or recorded testimony and exhibits received or considered, including matters officially noticed; any other pertinent date; and the Commission’s recommendation to the Legislature and its final report.

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CHAPTER V MANAGEMENT OF STATE BUILDINGS Section 1. Uniform Standards and Procedures for Condition Assessments of State Buildings. (a). standards:

All state buildings shall meet the following condition assessment

(i) Building is in compliance with structural integrity standards from an architectural, engineering standpoint.

(ii) Building is in compliance with local, state and federal regulations governing environmental conditions, e.g., air quality, containment of hazardous materials. (iii) Building is in compliance with local, state and federal regulations regarding occupant safety, e.g., numbers of occupants, adequacy of electrical, heating, plumbing systems. (iv) parking.

Building is in compliance with GSD requirements for adequate

(v) Building is in compliance with GSD requirements for exterior grounds maintenance systems. (vi) Building space arrangement and space allocations meets the program requirements. (vii) Building space conditions and systems (heating, ventilation, air conditioning and electrical) meet programs needs. (b)

Procedures for condition assessment:

(i) GSD shall serve as the initiator and repository for the facilities inventory and assessment date. (ii) A standardized building/grounds assessment instrument will be distributed to state department directors by March 1st of each year. Directors will distribute the instrument to persons most knowledgeable in each of their respective buildings and return them to GSD by May 1st of each year. GSD may require a third party verification for proposed capital expenditures. If third party verification is required, GSD may request that agency reimburse GSD. Initial assessments will be due November 1, 1997.

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(iii) The Capitol Complex assessment will be conducted by GSD personnel, assisted by contractors/experts as necessary.

(iv) GSD may conduct or contract for joint or state-wide assessments and analysis of building systems if there are sufficient sites and agency condition assessments to justify the analysis. At least four sites with documented need for a system assessment/analysis must be identified before consideration and cost/benefit analysis would be undertaken to proceed with the assessment. Affected state agencies shall be advised of the need and cost for the assessment and charged back by GSD for the expense. Section 2. Criteria to Guide Prioritization of Construction and Renovation Needs of State Buildings. (a) Prioritization of funding request for construction and renovation request will be executed under two major criteria – critical and strategic. (b) Critical Criteria: Construction and renovation request which require action in the current legislative session. The critical criteria for construction and renovation projects are: (i) Life Safety Emergency: Immediate life safety emergencies presently exist. Corrective action is urgent and unavoidable. Emergencies must be documented by a third party. Example: a roof which has deteriorated to the point where it appears to be in danger of falling. (ii) Legal Liability: A known and substantiated legal liability is currently pending; or a citation for corrective action and fines will occur unless immediate action is taken. Example: a local building inspector/fire marshal has issued a citation for corrective action and fines will be imposed unless immediate action is taken. (iii) Prior Binding Commitments: Projects that require action in the current legislative session due to previous legislative action which created a binding commitment. Example: an appropriation request to finish a construction project which has already been partially funded and currently underway. (c) Strategic Criteria: Prioritization of projects will be based upon each project’s strategic need and value. The strategic criteria for construction and renovation projects are: (i) agency’s strategic plan.

Strategic Linkage: Relationship between the project and the

(ii) Safety Concerns: The request addresses safety issues which do not meet the critical criteria. (iii) Customer Services/Statewide Significance: Geographic dispersion of the benefit, i.e., whether the project benefits the entire state and its citizens, a particular region or the state, or primarily a local community. 5-2

(iv)

Agency Priority: Agency’s overall priority ranking of project.

(v) Non-State Financing: Percentage of non-state funding, private contributions or matching funds that can be applied against project cost.

(vi) re-use current stat assets

Asset Management: History of maintenance, repair and adaptive

(vii) Operating Savings or Efficiencies: Project produces operating savings or operating efficiencies resulting in a reduction in net operating costs. (viii) Projects contained in Strategic Plans: Project is included in agency strategic plan or indentified in the stat’s strategic plan. Section 3. Requirements for Planned Maintenance Schedules Designed to Eliminate Maintenance Backlogs and to Establish Proactive Maintenance Practices. (a) GSD Shall create a computer-based preventive maintenance schedule and equipment data bases. (b) All major equipment shall be on a computer-bases preventive maintenance schedule as soon as feasible. Preventive Maintenance work orders shall be issued for both contract and in-house preventive maintenance. The completion of the prescribed maintenance requirements shall be documented. (c) GSD shall establish policies and procedures which detail the planned maintenance schedule which shall be observed for all of the following, but not limited to : boilers; elevators; emergency generators; fire protection and warning systems; roofs; trails, restrooms, drains, fences, barriers; halo systems and uninterruptible power supply systems; chillers and all other equipment/systems which shall require preventive maintenance. (d) Building inspections shall be conducted at least annually, in accordance with standards and procedures established by GSD. (e) Buildings shall be inspected and evaluated every 5 years by an architect/engineer or qualified in-house personnel to determine structural and infra structural maintenance and preventive maintenance needs. Inspections shall be conducted in accordance with standards and procedures established by GSD. Section 4. Uniform Standards for Assessing and Approving Agency Building and Other Space Needs.

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(a) Uniform standards for building and space needs are for planning purposes only; and are not intended to be regulatory/mandatory, i.e., agency compliance is not required: (i) Space planning shall provide a maximum of approximately 100 square feet for clerical staff; a maximum of 125 square feet for support staff; a maximum of 150 square feet for management staff; and a maximum of approximately 200 square feet for directors. (ii) Space shall meet Americans with Disabilities Act (ADA) requirements. (iii) Space shall be asbestos free or abated. (iv) Electrical services and conduit adequate for all necessary agency equipment, including communications room(s) and cable adequate to support both voice and data equipment. (v)

Adequate parking.

(vi)

Adequate heating ventilation, air conditioning and insulation.

(b) GSD shall assess agency building requirements/requests and other space needs, according to the following needs assessment procedures: (i)

GSD shall annually collect uniform data describing the condition of

state buildings. (ii) All agencies shall provide data describing the condition of state buildings, using the GSD generated “Initial Building Survey”. Data shall be transmitted via computer whenever possible. (iii) Agencies shall send Capital Outlay Constructions request, “Initial Building Survey(s)” and capital outlay budget narratives(s) to GSD. (iv)

GSD shall cross-reference agency request with survey data and

verify reliability. (c) GSD shall forecast building longevity and future agency space requirements based on information obtained from the needs assessment. (d) Needs assessments shall be utilized in the prioritization of capital construction request. (e) Needs assessments shall be used to evaluate renovation needs for each state building. Information obtained from the “Buildings Survey” shall be used to determine if a cost/benefit analysis shall be conducted. (f) Needs assessments shall specify construction and renovation requirements for a 5 year period. A prioritization of all statewide requests shall be developed by GSD each year. GSD shall generate a current fiscal year list of construction/renovation projects and a list of projects for the 4 succeeding year. 5-4

(g) On or before November 1st of each year and based upon the needs assessment, the SBC shall establish and prioritize construction, renovation and leasing needs. They shall identify and prioritize potential projects to be studied for inclusion in the Wyoming public buildings construction program. Construction and renovation needs shall be prioritized the current fiscal year and each of the following 4 fiscal years. (h) On or before December 1st of each, year, the SBC shall provide this information to members of the legislature.

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CHAPTER VI CONTROL OF THE CAPITOL BUILDING Section 1.

Occupancy, Use, Repair and Maintenance or Construction Projects.

(a) All rents resulting from this occupancy shall be collected by GSD and shall be paid into the general fund. (b) Use of the State Capitol and/or Capitol Grounds by the general public and/or other state or governmental entities shall be approved by the Administrator of GSD. (c) All proposed repair and maintenance and construction or renovation projects shall be reviewed and approved by the State Historic Preservation Office and GSD prior to commencement of any work. Section 2. Dangerous Weapons Prohibited in State Capitol Building: Confiscation of Dangerous Weapons. (a) No dangerous weapon may be carried in the State Capitol Building or in any buildings under the jurisdiction of the SBC. The Capitol Security Police are authorized to request that any persons carrying a dangerous weapon in any State building relinquish the weapon. The weapon will be returned to the person when he/she leaves the State building, unless the Capitol Security Police determine that other law enforcement personal should be involved. If a person carrying a dangerous weapon refuses to relinquish the weapon, he/she shall be denied access to the State Capitol building. (b) Nothing in these rules shall prohibit the carrying of weapons by authorized Peace Officers as defined and authorized by Wyoming Statutes. Section 3. Conduct in the State Capitol Building. GSD and Capitol Police shall ensure the orderly conduct of government business and provide for the confiscation of dangerous weapons and the removal or arrest of persons who bring dangerous weapons into the State Capitol building. Section 4. Denying Access in Case of Intoxication. Persons who appear to be intoxicated, or under the influence of a controlled substance may be denied access to the State Capitol building or any other building under the jurisdiction of the State Building Commission by the Capitol Security Police, or may be removed after demonstrating such behavior while in a state building. Section 5. Denying Access in Case of Safety Hazard. GSD may deny access to any specific area/location in the State Capitol Building or on the State Capitol grounds that is deemed unsafe.

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CHAPTER VII LEASING OF PROPERTY

Section 1. General Services Division to Serve as Leasing Agent. W.S. 9-2-1023 (a)(i), GSD shall lease all property for the state.

Pursuant to

Section 2. Leasing of Facilities on Competitive Basis. Leasing shall be done using a formal “Request for Proposal” (RFP) process. (a) Notice of RFP shall be given by advertising in at least one newspaper of general circulation in the community where the leased space is needed. Notice will be advertised a minimum of three consecutive weeks prior to the date for accepting proposals. Notice shall include description of space needs and other facility requirements. Proposals shall be received and opened by the Purchasing Section of General Services Division of the Department of Administration and Information. Section 3. Leasing of Facilities through Non-competitive Negotiations. Leasing may be conducted and leasing contracts initiated if the GSD Administrator determines in writing that competitive bidding is not feasible. Section 4. Services Provided by Leasing Agent. GSD shall provide the following services: initiate all “Request for Proposals” for leased space; serve as primary contact with lessors with regard to all leasing related issues; initiate and process all contract documents; and initiate and process all lease payments. (a) GSD shall lease facilities for state boards and commissions. However, boards and commissions shall reimburse GSD for all lease payments. Boards and commissions shall also be responsible for payment of any liquidated damages in the event a lease is terminated early. (b) GSD will not accept responsibility for day-to-day administration and house-keeping activities for boards and commission. Section 5. Standard Contracts. All lease contracts initiated shall use the standard “State Leasing Contract” which shall be developed by and approved by the Office of the Attorney General.

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CHAPTER VIII DISPOSTITION OF PROPERTY Section 1. Sale of Real Property. Pursuant to W.S. 9-2-1016 (b)(viii), the Department of Administration and Information through the General Services Division, Purchasing Section shall dispose of real property in excess of forty (40) acres in one (1) tract, or valued at fifteen thousand dollars ($15,000.00) or more in accordance with the following rules: (a) Fair Market Value. Prior to any disposition, the current appraised value of the property shall be determined. (b) Public Sale of Property. Property may be offered for public sale by any of the following methods as determined by the GSD Purchasing Section. (i) Public Auction. Notice shall be giving by advertising in at least one newspaper of general circulation in the county where the land is located for minimum of one time a week for three consecutive weeks prior to sale. This notice shall contain the location of the property, the date, time and place of sale, conditions of sale and persons to contact to inspect the property. (ii) Sale by Sealed Bid. Notice of sale will be given by advertising in at least one newspaper of general circulation in the county where the land is located for minimum of one time a week for three consecutive weeks prior to the advertised date for accepting bids. Notice shall contain the location(s) of the property, person(s) to contact to inspect the property, date by which bids must be submitted, place where bids must be submitted and conditions for sale. Bids shall be received and opened by GSD Purchasing Section. (iii) Sale through Listing with a Real Estate Agent/Agency. Upon approval of the SBC, real property may be disposed of through listing with a private real estate agent/agency. Real estate agents/agencies shall be selected through a competitive bid process, and all sales of real property listed with private real estate agents/agencies shall be public sales. (c) GSD Purchasing Section shall not dispose of real property to which these rules apply for less than the current appraised value.

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CHAPTER IX PURCHASE OR LEASE OF STATE LANDS AND BUILDINGS Section 1. Determination of Availability of State Owned Property. Prior to purchase of any property for any state purpose, state agencies or boards shall, through the SBC, determine if suitable state owned property is available. (a) Agency/board shall provide the SBC with written proposal to purchase prior to initiating any action. (b) GSD shall assess the agency/board proposal and determine if suitable state owned property is available. Written notification of GSD’s determination shall be provided to the agency/board and the SBC. (c) If GSD determines that suitable state owned property is available, the SBC may direct the agency/board to initiate negotiation for the purchase or lease of the property with the controlling agency/board. (d) If GSD determines that suitable state owned property is not available, or if the purchasing agency/board and the controlling agency/board cannot agree to terms for purchase or lease of the state owned property, SBC may grant permission to the purchasing agency/board to initiate negotiation for the purchase or lease of property with a private property owner. Section 2. Approval of Purchase or Lease. The purchase or lease of any property shall require SBC’s formal approval prior to the purchase or lease. (a) GSD, with SBC approval, may purchase, take options to purchase and lease property for future state use. (i) GSD many lease acquired property to a non-state entity until such time as it can be used by the state. (ii)

GSD may contract for the management of leased property for

future use. (iii) GSD may pay tax assessments to the appropriate county from the proceeds of the lease income.

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CHAPTER X MAINTAINING, OPERATING, EQUIPPING AND LEASING STATE BUILDINGS Section 1. Maintenance of State Buildings. state buildings, the following procedures shall be followed.

To facilitate maintenance of

(a) GSD shall keep architectural, mechanical and electrical documentation for all state buildings. Agencies exempt from SBC oversight shall be asked to provide documentation to GSD. The documentation GSD shall keep or each stat building shall include the following, a copy of which shall also be kept at each state building. (i)

Operations and maintenance manual.

(ii)

Architectural, mechanical, electrical and plumbing as-built

drawings. (A) As built- drawings shall be property updated upon changes in the structural, mechanical, electrical or plumbing systems. (iii) Copies of all building documentation received by GSD shall be archived with the Department of Commerce, Archives and Records Management Section. (b) Corrective maintenance problems shall be reported and logged promptly by the maintenance section through the use of a computerized maintenance management system. (i) The system shall be used by GSD to log and report problems. A log for all maintenance request shall be maintained, indicating the date of the request was made and the date of completion. (A)

The system shall be used to record maintenance

time, cost and nature of repair. (B) All maintenance requests shall be regularly reviewed and acted upon in a timely manner. (C) A priority system for corrective maintenance shall be established so that maintenance work is accomplished in an orderly and systematic manner. (c) Preventive Maintenance. GSD and other agencies responsible for building management shall implement computerized preventive maintenance scheduling and equipment data bases. (i)

All major equipment shall be on a preventive maintenance

schedule. (d) Indoor Air Quality and Energy Management. quality shall meet or exceed OSHA and State of Wyoming requirements. 10-1

Indoor air

(i) HVAC (Heating, Ventilation and Air Conditioning) equipment data shall be recorded daily. Daily data recording shall be reviewed annually to determine causes in variations and necessary corrections to prevent possible system damage/failure. (ii) All utility costs (gas, electric, water, sewer, sanitation, etc.) for all buildings may be requested by GSD for analysis. (iii) An energy management audit shall be conducted at least every five years either by an outside energy service company or by qualified in-house personnel. Based on the energy management audit, energy conservation measures may be budgeted for, implemented and savings documented. (e) Building Inspections. Buildings shall receive maintenance inspections annually. Maintenance inspections shall include heating, ventilation and air conditioning filter condition; mechanical room cleanliness and condition; building condition; ADA compliance; level of performance of janitorial service and condition of the grounds. (i) Buildings shall be inspected and evaluated at least every 5 years by an Architect/Engineer (A/E) or by qualified in-house personnel to determine structural and infrastructural maintenance and preventive maintenance needs. Inspection, evaluation and recommendations shall be documented. Inspection, evaluation, and recommendation documents shall be submitted to GSD. (A) Structural inspection and evaluation shall include: interior and exterior painting, foundations, walls, carpeting, windows, roofs, doors, ADA and OSHA compliance, brick work, landscaping, sidewalks, structural integrity and exterior surface cleanliness. (B) Mechanical and electrical inspection and evaluation shall include HVAC systems, plumbing systems, security and fire prevention and warning system, and electrical distribution systems. (f) GSD Maintenance Management Systems. GSD may provide certain maintenance management, energy management and preventive maintenance services to agencies at cost. The services available include, but are not limited to: (i)

Equipment data base collection and management.

(ii)

Maintenance Management consulting.

(iii) Provision of, installation of and training on maintenance management and preventive maintenance software. (iv)

Maintenance audits of facilities.

(v)

Development and administration of preventive

maintenance programs.

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(vi)

Energy audits.

Section 2. Equipment Data Base and Tagging. An equipment data base and appropriate numbering/tagging system of equipment shall be utilized. (a) All equipment tags and data shall be collected, documented and filed in a computerized data base when feasible. If a computerized data base is not available, hard copy records shall be organized for future computerization.

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