63A-5b-1214. Construction oversight fee.

323 words·~1 min read·/ut/title-63a/chapter-5b/63a-5b-1214

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2026

(1)Except for an LEA that has hired a division approved project manager to provide services as described in this section, for all public school construction projects, an LEA shall pay the division a construction oversight, building official, plan review, and administration fee in accordance with a fee schedule established by division rule under Section 63A-5b-1217 and approved by the rate committee created in Section 63A-1-114 .

(2)The construction oversight fee:

(a)applies to all projects subject to this part, regardless of whether the division is providing direct construction management services;

(b)shall be established by division rule under Section 63A-5b-1217 to recover the reasonable costs of oversight activities and may be reduced or waived for LEAs with delegated oversight authority; and

(c)may be included in the LEA's bond authorization or other funding mechanism.

(3)The construction oversight fee assessed to an LEA shall fund the division's activities, including:

(a)plan review and permitting;

(b)inspection roster maintenance and oversight;

(c)cost database development and maintenance;

(d)training and technical assistance programs;

(e)compliance monitoring and enforcement;

(f)online document management system operation;

(g)standardized design template development; and

(h)other oversight activities required by this part.

(4)For projects where the division provides direct construction management services under Section 63A-5b-1213 :

(a)the LEA shall not pay duplicative fees; and

(b)the division shall clearly delineate the fee structure for oversight activities.

(5)The division shall:

(a)deposit all construction oversight fees into the restricted account established in Section 63A-5b-1219 ;

(b)use fee revenue exclusively for public school construction oversight activities;

(c)report annually to the Legislature on fee revenue and expenditures; and

(d)adjust the fee rate only through legislative action.

(6)An LEA may appeal fee assessments or payment schedule requirements under this section to the appeals panel established under Section 63A-5b-1221 .

Enacted by Chapter 225 , 2026 General Session