§ 375 — Capital construction planning

§ 375. Capital construction planning. 1. Construction standards. On or\nbefore July first, nineteen hundred sixty-two, the state university\ntrustees shall cause to be prepared with the assistance of the fund, the\ndormitory authority, the state department of transportation and the\ndivision of the budget, proposed standards for all facilities or classes\nof facilities to be constructed, acquired, reconstructed, rehabilitated\nor improved for the state university pursuant to contracts executed on\nor after a date thirty days subsequent to the effective date of such\nstandards. The proposed standards may, in the discretion of the state\nuniversity trustees, include, among other things, provisions relating to\nthe quality and type of materials to be used in such facilities,\nprovisions for safety, fire protection, health and sanitation,\nprovisions for the installation of fixtures and equipment in such\nfacilities and construction features deemed by the state university to\nbe desirable for academic use or for habitability. The proposed\nstandards shall be reviewed by the state university trustees and shall\nbe subject to their approval, disapproval or modification on or before\nAugust first, nineteen hundred sixty-two and in the form approved, shall\nbe forwarded to the governor for his further approval, disapproval or\nmodification within thirty days thereafter. The proposed standards shall\nbe deemed adopted, with or without modifications as the case may be,\nupon (i) written approval by the governor or (ii) the expiration of\nthirty days after receipt of the proposed standards by the governor from\nthe state university trustees, whichever occurs first. The effective\ndate of such standards shall be September first, nineteen hundred\nsixty-two. Such standards, in the form adopted, shall be filed by the\nstate university with the secretary of state in the manner provided by\nsection one hundred two of the executive law.\n Changes in the construction standards so adopted may from time to time\nbe formulated and proposed, reviewed, approved, disapproved or modified,\nadopted and filed in the same manner as the original standards.\n 2. Design. The fund shall prepare, or cause to be prepared, within the\namounts appropriated therefor or otherwise available, the building\nplans, the exterior drawings or models displaying the architectural\nconcept of the facility, and the detailed plans and specifications for\nall construction, acquisition, reconstruction, rehabilitation and\nimprovement work to be performed at state-operated institutions or\nstatutory or contract colleges under the jurisdiction of the state\nuniversity. The fund may cause the building plans, drawings, models and\ndetailed plans and specifications for such work to be prepared under the\ndirection of the letting agency in accordance with the terms of any\nagreement entered into between the fund and such letting agency pursuant\nto section three hundred seventy-six of this chapter.\n The detailed plans and specifications for any such work to be\nperformed pursuant to a contract executed on or after a date thirty days\nsubsequent to the effective date of the construction standards adopted\npursuant to subdivision one of this section shall comply with the\nstandards in effect at the time the contract is executed.\n Subject to the terms of any agreement entered into between the fund\nand the letting agency pursuant to section three hundred seventy-six of\nthis chapter, the fund may from time to time modify, or authorize\nmodifications to, such detailed plans and specifications provided (i)\nthat the plans and specifications as so modified shall comply with the\nconstruction standards, if any, adopted pursuant to subdivision one of\nthis section and in effect at the time of the modification, and (ii)\nthat such modifications are made after consultation with the state\nuniversity, and (iii) that in the event a contingency fund is\nappropriated to the fund to pay the added costs during the then current\nstate fiscal year of all modifications made in the course of\nconstruction, acquisition, reconstruction, rehabilitation and\nimprovement of facilities for the state university, no such modification\nmay be made or authorized in such fiscal year without the approval of\nthe director of the budget unless the cost thereof shall be less than\nfive per centum of the total estimated cost of the facility as set forth\nin the budget bill referred to in subdivision one of section three\nhundred seventy-six of this chapter, but in no event shall any such\nmodification be made or authorized in such fiscal year if the cost\nthereof, plus the cost of all modifications theretofore made or\nauthorized during the same state fiscal year, would exceed the amount of\nthe contingency fund appropriated for the purpose of such modifications,\nand (iv) that in the event a contingency fund is not appropriated for\nthe purpose of such modifications, no such modification involving an\nestimated expense of ten thousand dollars or more shall be made or\nauthorized without the prior approval of the director of the budget.\n 3. Municipal regulations. No county, city, town or village shall have\npower to modify or change the plans or specifications for facilities to\nbe constructed, acquired, reconstructed, rehabilitated or improved for\nstate university purposes, or the construction, plumbing, heating,\nlighting or other mechanical branch of work necessary to complete the\nwork in question, nor to require that any person, firm or corporation\nemployed on any such work shall perform such work in any other or\ndifferent manner than that provided by such plans and specifications,\nnor to require that any such person, firm or corporation obtain any\nother or additional authority or permit from such county, city, town or\nvillage as a condition of doing such work, nor shall any condition\nwhatever be imposed by any such county, city, town or village in\nrelation to the work being done pursuant to this article, but such work\nshall be under the sole control of the supervising architect or engineer\nin accordance with the drawings, plans, specifications and contracts in\nrelation thereto; and the doing of any such work for the fund by any\nperson, firm or corporation in accordance with the terms of such\ndrawings, plans, specifications or contracts shall not subject said\nperson, firm or corporation to any liability or penalty, civil or\ncriminal, other than as may be stated in such contracts or incidental to\nthe proper enforcement thereof.\n