63A-5b-1204. Architect and design professional cost oversight.
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Effective 7/1/2026
63A-5b-1204. Architect and design professional cost oversight.
(1)The division shall establish and publish maximum allowable fees for both basic services and complexities for architect and design professional services based on:
(a)project size and complexity;
(b)regional market conditions;
(c)industry standards for educational facilities; and
(d)historical cost data from comparable projects.
(2)An LEA shall:
(a)ensure that no contract for architect or design professional services exceeds the maximum fees established by the division under Subsection
(1);
(b)submit all proposed contracts to the division for verification of compliance with maximum fee limits before execution; and
(c)demonstrate through competitive procurement that proposed fees represent fair market value within the established maximums.
(3)If an LEA believes a project requires fees exceeding the division's maximum allowable fees, the LEA shall:
(a)submit a detailed written request to the division before soliciting proposals;
(b)provide documentation of unique project circumstances requiring specialized expertise;
(c)demonstrate that the project cannot be completed within the fee schedule; and
(d)obtain written approval from the division before proceeding.
(4)The division shall:
(a)review cost submissions within 15 business days;
(b)provide written explanation for any required modifications; and
(c)update cost benchmarks annually based on market conditions.
(5)The division shall develop and maintain a library of standardized school design templates developed in collaboration with architects experienced in the design of school facilities that:
(a)provide pre-approved design options for common school types and sizes;
(b)reduce architectural costs through standardized specifications;
(c)accelerate the approval process for school districts using standard designs;
(d)allow modifications for site-specific requirements; and
(e)are updated every five years to reflect current educational needs.
(6)The division shall develop and maintain a library of standardized school design templates developed in collaboration with architects experienced in the design of school facilities that:
(a)provide pre-approved design options for common school types and sizes;
(b)reduce architectural costs through:
(i)reduced design scope for projects using prototype designs;
(ii)standardized specifications and details;
(iii)elimination of redundant design work; and
(iv)lower fee schedule tiers for prototype-based projects;
(c)accelerate the approval process through:
(i)pre-approved building systems and layouts;
(ii)reduced plan review time for projects adhering to prototype designs; and
(iii)streamlined permitting when no significant prototype modifications are made;
(d)allow modifications for site-specific requirements; and
(e)are updated every five years to reflect current educational needs and building standards.
(7)An LEA using a standardized design prototype:
(a)shall comply with all procurement requirements under Title 63G, Chapter 6a, Utah Procurement Code;
(b)may receive reduced architect fees reflecting the limited scope of site adaptation work;
(c)may receive an expedited plan review within 10 business days if no significant modifications are made;
(d)is encouraged to use design-build delivery methods with prototype designs to maximize cost savings; and
(e)shall coordinate with the division on any proposed modifications to ensure continued compliance with prototype standards.
(8)An LEA shall procure architect and design professional services:
(a)in accordance with Title 63G, Chapter 6a, Part 15, Design Professional Services;
(b)using qualifications-based selection procedures as required by Subsection 63G-6a-1502(1) ;
(c)based on demonstrated competence and qualification for the type of services required; and
(d)not based solely on price.
(9)An LEA may appeal the division's maximum fee determinations or denials of requests for fee exceptions to the appeals panel established under Section 63A-5b-1221 .
Enacted by Chapter 225 , 2026 General Session