A. When a newly opened facility seeks certification to allow the admission of residents, the facility administrator shall contact the director or designee to request a review of the facility for conditional certification.

B. The facility administrator and the department shall follow the requirements of this chapter and department procedures in reviewing a facility prior to admission of residents. New construction, expansions, and renovations in all juvenile residential facilities, whether or not the facility or its sponsor is seeking reimbursement for construction or operations, shall conform to the governing provisions of the following regulations:

1. Regulation Governing Juvenile Correctional Centers (6VAC35-71);

2. Regulation Governing Juvenile Secure Detention Centers (6VAC35-101); and

3. Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41); and

4. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30).

C. In addition to the requirements in subsection B, a juvenile residential facility seeking reimbursement for construction or operations pursuant to � 16.1-309.5 of the Code of Virginia or seeking to preserve the option to obtain reimbursement in the future shall conform to the governing provisions of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30). A juvenile residential facility that is not seeking such reimbursement shall be subject to the governing provisions of the Regulations Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities.

CD. A newly constructed, expanded, or renovated facility shall, except as provided in subsection D E of this section, obtain conditional certification as provided in 6VAC35-20-100 prior to the placement of residents in the new facility or portion of an existing facility subject to the expansion or renovation.

DE. The director or designee shall consider the request for certification within 60 days of receiving the request and report of the basic audit findings. Actions taken by the director or designee shall be governed by the provisions of 6VAC35-20-100.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

“Area allowance per bed” means the gross square footage of the facility divided by the facility’s design capacity, as provided in this chapter.

“Board” means the Board of Juvenile Justice.

“Board regulation” means a regulation or section or subsections of the regulation promulgated and approved by the board.

“Construction” means the act or process of erecting a new facility or replacing an outdated existing facility. For purposes of this definition, construction shall not include enlargement, expansion, or renovation of an existing facility.

“Construction and Professional Services Manual” or “CPSM” means the manual issued by the Commonwealth of Virginia’s Department of General Services Division of Engineering and Building that sets forth the standards, policies, terms, conditions, and procedures that state agencies and institutions must follow in procuring professional design and construction services.

“Day” means calendar day unless otherwise specified.

“Department” means the Department of Juvenile Justice.

“Efficiency ratio” means the proportion of a building’s net usable area to its gross floor area.

“Emergency” means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

"Enlargement or expansion" means the expansion of an existing facility through the erection of additional areas as may be determined by need or as required by law or regulation.

“Local facility” or “facility” means a juvenile residential facility that is or will be regulated by the board and is owned, maintained, or operated by a political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with a political subdivision or combination of political subdivisions of the Commonwealth and is or will be regulated by the board.

“Needs assessment” means an evaluation of trends and factors at the local or regional level that may affect current and future local facility needs and the assessment of local facilities and nonresidential programs available to meet such needs.

“Planning study” means an overall description of a proposed project consisting of construction, renovation of existing facilities, or both.

“Project” means a proposed or actual construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or by board regulation.

"Renovation" means the alteration or other modification of an existing facility or piece of equipment for the purpose of changing the use or capability of such facility or equipment as may be determined by need or required by law or regulation. For purposes of this definition, renovation does not include work on or replacement of a facility or equipment that generally may be associated with normal wear and tear and included in routine maintenance.

“Routine maintenance” means the normal and usual type of repair or replacement necessary as the result of periodic maintenance inspections or normal wear and tear of a local facility or equipment.

“Sponsor” means a city, county, commission, or a combination of these entities, or a private entity under contract or arrangement with a city, county, commission, or a combination of these entities, that is actually building, renovating, expanding, or operating, or proposing to build, renovate, expand, or operate a local facility.

“Substantive change” means a deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility’s compliance with a board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement.

“Written” means the required information is communicated in writing either in hard copy or electronic form.

Part I
General Information

Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice and the Governor to evaluate all plans for, specifications of, and requests for reimbursement from a locality or localities for the construction, enlargement, purchase, or renovation of projects governed by this chapter. No reimbursements for costs and construction for such projects shall be made unless the plans, specifications, and construction are approved by the board and the Governor in accordance with the provisions contained herein.

Section 16.1-309.9 of the Code of Virginia further mandates the board to approve minimum standards for the construction and equipment of detention homes and other facilities governed by this chapter. Any such project shall be subject to this regulation and all applicable statutes, regulations, and guidance documents, including, but not limited to, the following:

1. The Virginia Public Procurement Act, Chapter 43 (� 2.2-4300 et seq.) of Title 2.2 of the Code of Virginia;

2. The Construction and Professional Services Manual (CPSM), October 2004, issued by the Department of General Services, Division of Engineering and Building;

3. The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, March 2001, issued by the Department of Juvenile Justice; and

4. The Agency Procurement and Surplus Property Manual (1VAC30-130), issued by the Department of General Services, Division of Purchases and Supply.

Such projects are best accomplished as a cooperative venture between a locality or localities and the Department of Juvenile Justice. Using regulations promulgated by the board and by working together as partners from project planning through project construction and program implementation, the locality or localities and the department ensure that the optimum number of children are provided high quality services at a minimum cost to the locality or localities and to the Commonwealth.

This chapter applies to projects for which a locality is seeking reimbursement from the Commonwealth currently or for which the locality is seeking to preserve the option to obtain reimbursement in the future, either through legislative enactment or should funding become available. Projects for which the locality is not seeking reimbursement, either now or in the future, shall be subject to the requirements of 6VAC35-35 (Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities), unless otherwise specified.

Part II
Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Area allowance per bed" means the gross square footage of the facility divided by the facility's design capacity as provided herein.

"Board" means the Virginia Board of Juvenile Justice.

"Board-approved funding formula" means the method by which construction costs are calculated as provided for in  6VAC35-30-65.

"Board regulation" means a regulation or section or subsections thereof promulgated and approved by the board.

"Department" or "DJJ" means the Department of Juvenile Justice.

"Efficiency ratio" means the proportion of a building's net usable area to its gross floor area.

"Local facility" or "facility" means a juvenile residential facility that is or may be regulated by the board and is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with any political subdivision or combination of political subdivisions of the Commonwealth and is or may be regulated by the board.

"Needs assessment" means an evaluation of trends and factors at the local or regional level that may affect current and future local facility needs and the assessment of local facilities and nonresidential programs available to meet such needs. The needs assessment for each proposed project shall identify the target population, the specific need of the target population the project is seeking to address, why the specific need cannot be met with existing resources, all alternatives considered to meet identified need, and the reason for rejecting the alternatives.

"Planning study" means an overall description of a proposed project consisting of new construction, renovation of existing facilities, or both. The planning study shall include a program description and a program design as detailed in approved department procedures, architectural and engineering drawings at the Schematic Design (15%) Document level, the relationship of the project to existing facilities or structures, the project's schedule, a detail of the project's total projected design, construction, operation, maintenance costs, and a cost/benefit analysis.

"Project" means any proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or regulation by the board.

"Routine maintenance" means the normal and usual type of repair or replacement necessary as the result of periodic maintenance inspections or normal wear and tear of a local facility or equipment.

"Sponsor" means a city, county, commission, or any combination thereof, or any private entity under contract or arrangement with any city, county, commission, or any combination thereof, that is actually or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means any deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with any board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement, as detailed in approved department procedures.

Part III II
Procedures Reimbursement Request Process

A. Any A sponsor planning any a construction, renovation, enlargement, or expansion of a local facility and seeking state reimbursement in accordance with § 16.309.5 of the Code of Virginia shall submit an initial writing written request to the department that shall include a graphic showing any proposed structural changes and a brief description of the project including all operating capacity or programmatic changes to be accommodated by the structure and a graphic showing the proposed structural changes if available. The department shall review the initial writing written request, determine the appropriate classification in accordance with subsection B of this section, and inform provide a written notification to the sponsor in writing as to whether the project is subject to this regulation chapter as soon as practicable but no later than 30 days from the receipt of after receiving the initial writing request from the sponsor. If the department fails to respond in the required time frame, the sponsor may proceed with the reimbursement request in accordance with this chapter.

B. Any request shall be determined to be in one of the following categories The department shall determine under which of the following categories the request falls:

1. Projects subject to this entire chapter. For any new construction, Construction, enlargement, or modification other modifications of an existing local facility or piece of stationary equipment, including security related security-related upgrades for which the sponsor seeks reimbursement and, that will affect the facility's compliance with a board regulation,; result in a change in certification or licensure status,; or result in increased square footage, bed space, or capacity shall be subject to this regulation chapter.

2. Projects subject to 6VAC35-30-180. For any each facility enhancements enhancement not provided for in subdivision 1 of this subsection for which the sponsor seeks reimbursement, the sponsor shall submit to the board for approval a project overview that includes a brief description of the project, a justification for why the project is necessary, and any other pertinent information, as well as and cost estimates an estimate of the total projected cost of the project. to the board for approval and The project shall be subject to the requirements of 6VAC35-30-180. The department and board may require additional documentation. This category shall not apply to construction projects.

3. Minor changes, such as routine maintenance;, shall not be subject to this regulation and shall be managed informally in accordance with department procedures.

C. A sponsor shall not be required to comply with the requirements of this section for the following projects:

1. Routine maintenance projects and other projects that involve minor changes to the facility;

2. Projects for which the locality is not seeking reimbursement now or in the future. These projects shall be subject to the requirements of 6VAC35-35 (Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities.

A. Requests. For all projects subject to all or a portion of this regulation chapter, classified in accordance with subdivisions B(1) and B(2) of 6VAC35-30-35 , the department shall advise the sponsor or the sponsor's designated representative of the deadline for submissions necessary to obtain approval,: (i) from the board; (ii) for inclusion in the department's budget request to the Governor,, if applicable; and (iii) for consideration during the next General Assembly session., if applicable.

B. Needs assessment. The sponsor shall, prior to the applicable deadline, submit a needs assessment that shall demonstrate the need for the particular service, program, or facility. The board shall consider the needs assessment at its next regularly scheduled meeting and shall approve, reject, or return the needs assessment.

1. If the needs assessment is approved by the board, the department shall advise the sponsor of the board's decision and of the deadline for submitting the planning study for the project.

2. If the needs assessment is returned to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board's decision, in writing, within seven business days of the board's decision.

C. Planning study. The sponsor shall, upon approval of the needs assessment by the board and prior to the applicable deadline, submit a complete planning study that shall explain how the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested and a resolution from the governing body of the sponsor or sponsors requesting reimbursement.

2. The board shall consider the planning study at its next regularly scheduled meeting and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing a sponsor's planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

3. Requests for regional facilities shall also include a copy of the agreement between the participating localities including the allocation of financial and operational responsibilities.

A. Prior to the applicable deadline, for all projects classified under subdivision B(1) of 6VAC35-30-35, the sponsor shall submit a needs assessment that shall demonstrate the need for the particular service, program, or facility and that shall include the following information:

1. The target population the project is seeking to impact;

2. The specific need of the target population the project is seeking to address;

3. An explanation as to why the specific need cannot be met with existing resources;

4. All alternatives considered to meet the identified need; and

5. The reason for rejecting the alternatives.

B. The department shall have a maximum of 45 days from receipt of the needs assessment to conduct a review of the assessment and to notify the sponsor regarding next steps.

C. The board shall consider the needs assessment submitted in accordance with subsection A as soon as practicable following the department’s review and shall approve, reject, or return the needs assessment.

1. If the board approves the needs assessment, the department shall advise the sponsor of the board’s decision and of the project’s approved advancement to the Planning Study phase pending the Governor’s approval.

2. If the board elects to return the needs assessment to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board’s decision within 10 days and provide a written record upon adoption of the applicable board minutes.

D. Upon the board’s approval of the needs assessment and before the applicable deadline, the sponsor shall submit to the department a complete planning study that shall explain why the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall include a program description; project description; architectural and engineering drawings at the Schematic Design Document level; an explanation of the relationship of the project to existing facilities or structures; the project’s schedule; a detail of the project’s total projected design, construction and operation, including personnel and maintenance costs; and a cost/benefit analysis.

2. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested in accordance with Code of Virginia § 16.1-309.5 and a resolution from the governing body of the sponsor or sponsors requesting reimbursement.

3. Requests for regional facilities also shall include a copy of the agreement between the participating localities that addresses how financial and operational responsibilities are allocated.

4. When submitting the planning study for review, a sponsor may request to receive portions of the total project reimbursement based upon the completion of the project in phases.

5. The board shall consider the planning study as soon as reasonably practicable following the department’s review and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing the planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project in accordance with Code of Virginia § 16.1-309.5 and shall forward the sponsor’s submissions and the board’s recommendation to the Governor or the Governor’s designee for approval.

A. In such times when If the Virginia General Assembly has imposed a moratorium on construction and reimbursement of construction costs, the sponsor shall follow the requirements of this chapter in order to preserve the option to seek reimbursement in the future.

B. To obtain any reimbursement thereafter, the sponsor shall may:

1. Pursue a legislative exception to the moratorium on construction and reimbursement of construction costs; or

2. Request reimbursement at such time as when the Virginia General Assembly authorizes funding for such projects.

C. If, through an Appropriation Act, the Virginia General Assembly permits an exception to the legislative moratorium established in subsection A for the reimbursement of funds used for emergency maintenance projects necessary to resolve immediate life safety issues in a juvenile residential facility, and a sponsor seeks reimbursement in accordance with the Appropriation Act, the following requirements shall apply:

1. The sponsor shall initiate the reimbursement process by complying with the prescreening requirements in 6VAC35-30-35 and shall be subject to any additional regulatory requirements contained in this chapter, based upon the category under which the project falls;

2. Eligibility for reimbursement shall be contingent upon approval by the board and the Secretary of Public Safety and Homeland Security; and

3. If the board votes to approve the exception, it shall adopt an emergency resolution authorizing the exception. The resolution shall provide that reimbursement is subject to the availability of funds and approval by the General Assembly at its next regular session.

A. Demonstrated need. The board shall evaluate the need for the project as demonstrated by the information provided in the Needs Assessment and Planning Study.

B. Operational cost efficiency. The board shall take into consideration the operational cost efficiency of the facility's interior design of the facility with special concern for attention to the number of staff required, functional layout, material selection, and energy efficiency, with and special emphasis on meeting the needs of youth and the mission of the facility.

C. Construction cost. All sponsors shall calculate construction costs in accordance with the funding formula provided in 6VAC35-30-65. Construction economy shall be reviewed in relation to the adjusted median cost of local facilities and provide documentation of the methodology.

D. Board review Economy of construction costs. The economy of construction cost is necessary and board shall be reviewed as follows consider the economy of construction costs in accordance with the following:

1. Review for efficiency. 1. Construction economy may be questioned and reviewed in relation to comparable projects within the last five years.

2. Economy of construction cost shall be reviewed for efficiency.

a. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the for maximum efficiency. The board shall review the efficiency of the renovated spaces, the appropriateness of the proposed changes, and for the population served, the relationship of the changes to the project of facility as a whole, and whether the proposed changes are consistent with federal and statute statutes and regulations.

b. Projects of new construction Construction projects shall be reviewed for the building's appropriate efficiency ratio. The board may request further information from the sponsor on projects with a building's efficiency ratio of less than 65%.

2. 3. The board may adjust the amount being requested for reimbursement funding approved project cost eligible for reimbursement as follows:

a. A reduction decrease in funding the estimated project cost when functional areas of the facility, such as the kitchen, recreation area, educational facilities, visiting area, and or laundry facilities are not included in the project or are included at a size not in conformance with applicable regulations or normal practice;

b. An increase in funding the estimated project cost when support services areas are proposed at sizes larger than necessary in anticipation of future enlargements or expansions of the facility;

c. A decrease in funding the estimated project cost when the building's efficiency ratio is less than 65%; and

d. An increase in funding the estimated project cost when the facility includes areas for extraordinary program activities.

3. Any adjustments made by the board in funding shall be based upon the gross square footage of the various conditions multiplied by a cost equal to the adjusted median cost or the proposed gross square foot cost of the facility, whichever is less.

E. Phased reimbursement of projects. A sponsor may request, when submitting the planning study for review, to receive portions of the total project reimbursement based upon the completion of the project in phases. In response to such requests, the board may approve reimbursement based on the total estimated cost of the project as if it were to be completed as a single endeavor The board may approve a sponsor's request to receive portions of the total project reimbursement instead of a single payment; however, reimbursement will be in amounts payments will be proportional to the phases of construction and payment will be made only as each approved phase is completed and that portion of the building is ready to be placed in service.

A. The following funding formula shall be used to calculate estimated construction costs at the Schematic Design (15%) Documents level in the planning study phase:

1. A cost per square foot base figure shall be the national median square-foot cost for jails published in the 24th annual edition of R. S. Means Facilities Construction Cost Data 2009 (Means) with consideration taken of the "location factor," which is the materials and labor cost differential specific to the project's geographical location.

2. The cost per square foot, adjusted using the location factor, must be in accordance with all applicable codes and standards and in accordance with the following formula:

National cost per square foot (from Means)

X Location Factor (from Means)

X Area allowance per bed (as provided for in subsection B of this section)

= Adjusted median construction cost of local facility.

3. The total project cost shall include:

a. Construction cost;

b. Site and utilities (from Means);

c. Architectural and Engineering services (services as defined in the Construction and Professional Services Manual (CPSM));

d. Furnishing and equipment (as itemized by the sponsor);

e. Project inspection (services as defined in the CPSM);

f. Contingency (10.0%);

g. Inflation factor (yearly market inflation rate applied from January 1 of the year of the submitted design through the midpoint of construction, compounded);

h. Property purchased specifically for this facility; and

i. Other.

B. The following area allowances per bed shall be used to calculate the adjusted median construction cost of a local facility:

1. A maximum of 700 square feet per bed for facilities up to 35 residents;

2. A maximum of 650 square feet per bed for facilities of 36 to 79 residents; and

3. A maximum of 550 square feet per bed for facilities with 80 or more residents.

The board shall prioritize reimbursement requests in a manner to ensure that ensures an equitable distribution of state funds across the Commonwealth; and, absent. Absent a health, safety, or welfare risk requiring priority, the board shall ordinarily give preference to requests for reimbursement for regionalized local facilities. Regionalized local facilities shall normally serve three or more localities as determined by demonstrated in the needs assessment.

A. The department shall notify provide a written notification to the sponsor in writing within seven business 10 days of the board's decision to recommend or not decline to recommend a project for reimbursement. If the recommendation is not board declines to recommend reimbursement, the department shall briefly explain the rationale for the decision.

B. The board shall submit to the Governor, or his designee (i) its recommendations with respect to reimbursement requests and the rationale therefor; and (ii) such information as the Governor may require with respect to a request for approval of reimbursements.

C. Final appropriations are subject to the Governor's approval and legislative enactment.

Part IV III
Project Development

A. The sponsor shall submit preliminary design (35%) documents to the department as defined outlined in the CPSM and required by approved department procedures.

B. Preliminary The department shall review the preliminary design (35%) documents shall be reviewed by the department within 45 days of receipt of the document for compliance with applicable statutes, regulations, and any guidance documents that are incorporated herein into this chapter.

1. If the department requires changes to the preliminary design (35%) documents, the department shall provide the sponsor with a written notification of all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to the department provide a written response to all comments received from the department in the preliminary design review. Necessary The sponsor may incorporate necessary revisions to the project documents may be incorporated in the submission of the construction documents (referred to as the "working drawings" in the CPSM); however, all issues detailed raised in these writings the department's comments shall be resolved before the project is advanced approved for advancement to the construction document phase (referred to as the "working drawings phase" in the CPSM).

C. When all review comments have been addressed and resolved, the department shall notify the sponsor that the project has progressed been approved to proceed to the construction documents phase.

A. The sponsor shall submit to the department construction documents to the department as defined outlined in the CPSM and required by approved department procedures.. The construction documents shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.

B. The department shall review the construction documents shall be reviewed by the department for compliance with applicable statutes, regulations, and any guidance documents incorporated herein into this chapter, and for incorporation of all changes required by the department at the preliminary document review stage. This review in no way releases shall not release the sponsor from other applicable responsibilities and requirements.

1. If the department, upon conducting the review mandated in this subsection, requires changes to the construction documents, the department shall provide the sponsor with a written communication of all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to provide the department with a written response to all comments received from the department in the construction document review. All issues detailed in these writings raised in the department's comments shall be resolved before the project is advanced approved for advancement to the bidding phase.

C. When all review comments have been the sponsor has addressed and resolved all review comments, the department shall approve the construction documents and advise the sponsor in writing, as required in approved department procedures, that the project may progress to the bidding phase (referred to as the "bid documents phase" in the CPSM).

If, during the project development stage, any a substantive change in the scope of the project, any or an increase in the estimated cost of construction, or any change in the operational staff requirements occurs, for which the sponsor will seek reimbursement, the department may suspend the review process shall be suspended until the project is resubmitted to the board for further review and possible change in the status of reimbursement recommendation and determine next steps. The department may require the sponsor to comply with any or all steps outlined in the preceding regulatory sections..

If a locality fails to execute a construction contract for the approved project within three years of the department's notice of approval of the planning study, the board approval shall expire unless the sponsor submits a written request to the board for an extension. The board may grant an extension or require the sponsor to amend the locality's needs assessment for resubmission in accordance with the process established 6VAC35-30-42.

Part V IV
Project Construction

After bids for construction have been received and opened and the sponsor has determined to proceed with the project, the sponsor shall submit to the department a bid tabulation, analysis, and recommendation as to the award of the contract. Any The department shall forward written comments by the department shall be forwarded in response to the sponsor within five business seven days of receipt; and the sponsor shall respond to the comments in writing within 10 business days of receipt of the department's comments. The department's failure to respond in the required time frame shall serve as be deemed acceptance of the sponsor's recommendation as to the award of the contract.

A. During the project construction of all projects, the sponsor shall submit monthly inspection or and construction progress reports to the department in accordance with a schedule provided by the sponsor. The sponsor shall submit the reports to the department no later than the 15th day of the month following the inspection or when the progress report became due. If the sponsor identifies any issues as part of the monthly submission, the sponsor shall explain the issue and the plan of action for addressing the issue or problem. The department shall notify the sponsor in writing within 10 business 14 days after receipt of the inspection or progress report regarding any issues or problems with the project or the reports. The department's failure to respond in the required time frame shall serve as be deemed acceptance of the inspection and progress report. Any failure to timely submit the monthly inspection or progress reports may constitute grounds to deny the requested reimbursement, in whole or in part.

B. Any substantive change If, during the construction phase of the project, a locality makes a change deemed substance due to either: (i) an increase in the project cost of $50,000 or more, or (ii) accumulated change orders that exceed 25% of the original contract amount, the sponsor shall submit shall be submitted the change orders in writing to the department for review and approval before any such change is executed. Only those changes that are approved through the approved department procedure shall be eligible for reimbursement. Any failure to seek and obtain approval of a substantive change may constitute grounds to deny the requested reimbursement, in whole or in part implementing the change.

C. Any substantive change for which the sponsor seeks additional reimbursement shall be subject to the requirements in subsection C of 6VAC35-30-180.

A. Upon construction completion, the sponsor shall establish a schedule for ensure final inspection of the project. This schedule, which shall include: (i) notification to the department and all regulatory agencies that reviewed preliminary design or construction documents of the schedule project; (ii) a request to the personnel or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) the submission of a report of completed actions to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall provide to the department with copies of all required regulatory agency letters verifying approval of the completed project and shall certify to the department the completion of the project.

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record." The record documents shall be prepared as defined in the CPSM and in accordance with approved department procedures.

Part VI V
Private Construction of Juvenile Facilities

Section 16.1-322.5 of the Code of Virginia allows the board to authorize a county or city or any combination of counties, cities, or towns established pursuant to § 16.1-315 of the Code of Virginia to contract with a private entity for the financing, site selection, acquisition, or design and construction of a local or regional detention home or other secure facility. Localities authorized to contract for private construction of a juvenile detention facility shall receive state reimbursement authorized by § 16.1-309.5 of the Code of Virginia, in accordance with Parts I through VI of this chapter seek authorization from the board before entering into such contracts by certifying and submitting documentation to the board demonstrating that both the sponsor and the contractor have satisfied all applicable requirements mandated by § 16.1-322.5 of the Code of Virginia. The board shall review the documentation and may not approve private contracts that do not satisfy the applicable requirements in § 16.1-322.5.

Prior to receiving the board's authorization to enter into a contract for private construction, sponsors shall certify and submit documentation demonstrating that all requirements mandated by � 16.1-322.5 of the Code of Virginia have been met by both the sponsor and the contractor.

Part VII VI
Final Reimbursement

A. Upon completion of the project, the sponsor shall submit to the department a written request for final reimbursement for the applicable project, along with documentation specified by approved department procedures to the department supporting the request.

B. If the final amount of reimbursement requested is not greater than the reimbursement amount initially recommended, including the contingency, the department shall authorize reimbursement within 90 days of receiving a complete reimbursement request. The reimbursement request shall be in the form specified by the department. In no case shall the reimbursement amount exceed 50% of the actual project costs.

C. If the final amount of reimbursement requested is greater than the reimbursement amount initially recommended, the department shall process the initial reimbursement amount in accordance with subsection B. For any increase in costs over the amount of the initial board-approved reimbursement, the sponsor shall justify the cost increase and submit the a written adjusted reimbursement request, including justification for the cost increase to the board and the Governor, or his designee, for approval.

D. The availability of funds for reimbursement, as approved, is contingent on the appropriation of funds by the General Assembly.

In order to assist localities in complying with the requirements of this chapter, the department shall establish guidelines governing the form and process for submission of all documents required in this chapter.

Failure to comply with these regulations will delay the review process and recommendation for disbursement of funds, may result in the denial of reimbursement, and may result in the failure to obtain board certification or department approval to house residents in the facility as provided for in the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, revised March 2001, Department of Juvenile Justice.

Construction and Professional Services Manual, Revision 1, October 2004 0, July 2020, Department of General Services, Division of Engineering and Buildings.

R.S. Means Facilities Construction Cost Data 2009, 24th Annual Edition, R.S. Means-Reed Construction Data (http://rsmeans.reedconstructiondata.com).

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Board of Juvenile Justice.

"Board regulation" means a regulation or section or subsections of the regulation promulgated and approved by the board.

"Construction" means the act or process of erecting a new facility or replacing an outdated existing facility. For purposes of this definition, construction shall not include enlargement, expansion, or renovation of an existing facility.

"Day" means calendar day unless otherwise specified.

"Department" means the Department of Juvenile Justice.

"Enlargement" or "expansion" means the extension of an existing facility through the erection of additional areas as may be determined by need or as required by law or regulation.

"Local facility" or "facility" means a juvenile residential facility that is or will be regulated by the board and is owned, maintained, or operated by a political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with a political subdivision or combination of political subdivisions of the Commonwealth a nd is or will be regulated by the board.

"Project" means a proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or by board regulation.

"Renovation" means the alteration or other modification of an existing facility for the purpose of changing the use or capability of such facility as may be determine by need or required by law or regulation. For purposes of this definition, renovation does not include work on or replacement of a facility that generally may be associated with normal wear and tear and included in routine maintenance.

"Sponsor" means a city, county, commission, or a combination of these entities, or a private entity under contract or arrangement with a city, county, commission, or a combination of these entities that is actually building, renovating, expanding, or operating or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means a deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with a board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement.

"Written" means the required information is communicated in writing either in hard copy or in electronic form.

This chapter applies to projects for which a locality is not seeking reimbursement from the Commonwealth of Virginia, either now or in the future. Projects for which a locality is seeking reimbursement from the Commonwealth currently or for which the locality is seeking to preserve the option to obtain reimbursement in the future should funding become available or through legislative enactment, shall be subject to the requirements of Chapter 30 (Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs).

A. A sponsor planning construction, renovation, enlargement, or expansion of a local facility, regardless of whether the sponsor is seeking reimbursement from the Commonwealth of Virginia pursuant to § 16.1-309.5 of the Code of Virginia, shall submit an initial written request to the department that shall include a graphic, if available, showing the proposed structural changes and a brief description of all operating capacity or programmatic changes to be accommodated by the structure.

B. The department shall review the initial request, classify the request in accordance with the classifications established in subsection C of this section, and inform the sponsor in writing whether, based on these classifications, the project is subject to this chapter. The department shall notify the sponsor of the classification as soon as practicable but no later than 30 days after receiving the initial request from the sponsor.

C. The department shall determine under which of the following categories the request falls.

1. Projects subject to this chapter. Projects for which the locality is not seeking reimbursement now or in the future shall be subject to the requirements of this chapter.

2. Projects subject to the State Reimbursement Regulations (6VAC35-30). Any construction, enlargement, renovation, or other modification of an existing local facility or piece of stationary equipment, including security related upgrades, for which the sponsor seeks reimbursement shall be subject to the requirements of 6VAC35-30 (Regulations Governing State Reimbursement of Local Juvenile Residential Facility Costs).

D. If the department fails to respond within the 30-day time frame, the sponsor may proceed with the reimbursement process established in 6VAC35-30 (Regulations Governing State Reimbursement of Local Juvenile Residential Facility Costs) or the process established under this chapter, as applicable.

E. A sponsor shall not be required to follow the requirements of this section for routine maintenance projects, projects that will not affect the facility's compliance with other board regulations, and other projects that involve minor changes to the facility. These projects shall not be subject to this chapter and shall be excluded from department review.

A. If the department determines that the project is subject to this chapter pursuant to subsection C of 6VAC35-35-30, the sponsor shall prepare and submit to the department for review a project overview that shall explain the purpose of the proposed project and the need the project is intended to address.

B. The project overview shall include a description fo the facility's existing or proposed program, a description of the proposed project, architectural and engineering drawings at the Schematic Design Document level and the project's anticipated schedule for completion.

C. The department shall review the project overview upon receipt of the document and provide comments regarding the project's proposed compliance with statutes, regulations, and guidance documents applicable to this chapter.

1. If, after conducting the review mandated in this subsection, the department recommends changes to the construction documents, all such recommended changes shall be communicated in writing to the sponsor.

2. The sponsor shall provide the department with a written response to all comments received from the department in the construction document review.

A. The sponsor shall submit to the department construction documents, which shall include 100% complete working drawings, 100% complete specifications, and all required review approvals form local building, health, and fire officials.

B. The department shall review the construction documents for compliance with applicable statutes, regulations, and guidance documents. This review shall not release the sponsor from other applicable responsibilities and requirements.

1. If the department, upon conducting the review mandated in this subsection, recommends changes to the construction documents, all such changes shall be communicated in writing to the sponsor.

2. The sponsor shall provide the department with a written response to all comments received from the department in the in the construction document review. All issues raised in the department's comments shall be addressed before the project proceeds to the bidding phase.

C. When the sponsor has addressed all review comments, the department shall advise the sponsor in writing that the project may progress to the construction phase.

If, during the project development stage, a substantive change in the scope of the project occurs, the department may suspend the review process and determine next steps, which may include any or all steps outlined in the preceding regulatory sections.

If a substantive change occurs during the construction phase, the sponsor shall submit a written explanation of the change to the department for review and comment before the change is executed.

A. Upon construction completion, the sponsor shall ensure final inspection of the project, which shall include: (i) notification to the department and all regulatory agencies that reviewed preliminary design or construction documents of the project; (ii) a request to the staff or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments, and (iv) the submission of a report of completed action to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall provide the department with copies of all required regulatory agency letters verifying approval of the completed project and shall certify to the department completion of the project.

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked, "Record."

Failure to comply with these regulations may prevent the facility from obtaining board certification or department approval to house residents in the facility as provided in § 16.1-309.9 of the Code of Virginia and the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

Part III
Physical Environment

A. All newly constructed buildings, major renovations to buildings, and temporary structures shall be inspected and approved by the local building official. Approval shall be documented by a certificate of occupancy.

B. A current copy of the facility's annual inspection by fire prevention authorities indicating that all buildings and equipment are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51) shall be maintained. If the fire prevention authorities have failed to timely inspect the detention center's buildings and equipment, documentation of the facility's request to schedule the annual inspection as well as documentation of any necessary follow-up with fire prevention authorities shall be maintained.

C. A current copy of the detention center's annual inspection and approval, in accordance with state and local inspection laws, regulations, and ordinances, of the systems listed below shall be maintained. These inspections shall be of the:

1. General sanitation;

2. Sewage disposal system;

3. Water supply; and

4. Food service operations.

D. Building plans and specifications for new construction, change in use of existing buildings, and any structural modifications or additions to existing buildings shall be submitted to and approved by the regulatory authority and by other appropriate regulatory agencies. Any planned construction, renovation, enlargement, or expansion of a detention center for which the locality seeks or plans to seek reimbursement pursuant to � 16.1-309.5 of the Code of Virginia shall follow the submission and approval requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) and of any other applicable regulatory authorities. All other plans for construction, renovation, enlargement, or expansion of a detention center shall follow the submission and approval requirements of the Regulation Governing the Planning, Design, and Construction of Local Juvenile Residential Facilities (6VAC35-35).