Section 1863.8 - Replacement(a) An existing substandard school facility may be replaced pursuant to Section 16319 of the Act if, upon investigation, the Board finds that the structural stability of the facility constitutes a potential threat to the safety of those using the facility, and it would not be economical or good practice to remedy such conditions by repairing or reconstructing the facility.(b) All requests for replacement of existing facilities shall be accompanied by: (1) Full detail prepared by competent authority regarding the existing condition and deficiencies of such facilities, together with complete information regarding any other circumstances involved that would justify replacement;(2) A statement of the estimated cost and the practicability of remedying the deficiencies of each facility as compared with replacement costs:(3) A certified resolution of the governing board of the district, to which is attached a full description of the facility to be replaced, together with a title report and plat in the event real property is involved, and containing: (A) A statement that the facility described in the attachment is the facility which is to be replaced.(B) A plan, satisfactory to the Director of General Services, for disposition of the facility to be replaced, specifying the proposed manner of disposition and the date by which disposition is to be accomplished, provided however that such disposition shall in any case be subject to Section 16318.(c) Facilities not complying with the Field Act demolished by the district subsequent to June 4, 1971, the effective date of Article 9, but prior to the effective date of an application, may be replaced by the Board if the Board finds that it would not have been economical or good practice to have rehabilitated such facilities to comply with such Act. Any application for such replacement shall be accompanied by: (1) Full detail prepared by competent authority regarding the structural deficiencies of such facilities.(2) A statement (1) of the estimated cost of having rehabilitated such facilities versus replacement of the same, and (2) of the practicability of having rehabilitated such facilities in the light of such replacement cost or other factors.(3) A certified resolution of the governing board of the district, to which is attached a full description of the facilities demolished.(4) Full detail of the method used for demolition, such as sold to the highest bidder, demolished by negotiated contract, etc., including how the demolition value was established and an accounting of any funds received therefrom.(d) In cases of partial replacement of a school plant, where structurally adequate buildings are rendered nonfunctional as a result of the replacement, such reconstruction shall be permitted to existing adequate facilities as is necessary to make such existing facilities function in the same manner as they were functioning prior to removal of the structurally inadequate facilities.Cal. Code Regs. Tit. 2, § 1863.8
1. Amendment of subsections (a) and (b)(3)(B) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 74, No. 3. Note: Authority cited: Section 16316 Education Code. Reference: Sections 16318 and 16319, Education Code.
1. Amendment of subsections (a) and (b)(3)(B) filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 74, No. 3.