The New York State Pubic Buildings Law defines a "construction emergency" as follows: § 9. Construction emergencies. 1.A "construction emergency" is damage to or a malfunction in buildings or property of the state of New York caused by an unanticipated, sudden and unexpected occurrence which involves a pressing necessity for immediate repair, reconstruction or maintenance in order to permit the safe continuation of a necessary public use of function, or to protect the property of the State of New York, or the life, health or safety of any person. (Source: PUBLIC BUILDINGS LAW, CHAPTER 44 OF THE CONSOLIDATED LAWS OF NEW YORK STATE, ARTICLE 2 COMMISSIONER OF GENERAL SERVICES, Section 2. Public Buildings, 9. Construction emergencies.)
The campus Program Manager at the State University Construction Fund should be notified of all emergencies. In instances where the emergency is not considered critical or sensitive, notification can be made via e-mail. Otherwise, all efforts to contact Program Mangers should be made (see attachment A). If the Program Manager assigned to the campus is unavailable, the campus should contact any one of the other Program Managers.
All "construction emergencies" requesting funding through the State University Construction Fund emergency program must be requested by the campus using the attached Campus Declaration of Emergency (Exhibit A). This declaration should be completed and signed by the campus president or designee, and then submitted to the appropriate campus Program Manager at the State University Construction Fund as soon as possible. For critical or serious emergencies, the requested information can be faxed or phoned into the State University Construction Fund prior to receiving the signature of the campus president or designee. In addition, documentation such as pictures, videos, witness statements, official reports, etc. should be maintained by the campus and submitted to the State University Construction Fund as necessary.
The information provided is reviewed to determine if the emergency is eligible for the emergency-funding program. One of the primary considerations is whether or not the situation meets the basic definition of a "construction emergency", as defined by the New York State Public Building Law. If the circumstances presented by the campus do not qualify for the emergency funding program, this decision must be documented and the campus promptly notified.
When assessing the situation, it is important to consider if the project being requested is really a project that should be addressed through the campus minor rehabilitation and repair program. Additionally, if the emergency signals the need for a capital project to eliminate the potential for recurring emergencies of a similar nature, the campus multi-year capital plan must include, or be modified to include such projects. Lastly "construction emergencies" involving residence halls are not eligible for funding under this program and must be funded through the campus Dormitory Income Fund Reimbursable (DIFR) program; contact the Office of Associate Vice Chancellor for Finance and Business.
For situations that qualify for the emergency funding program, it is critical that the campus remain aware that any costs in excess of $200,000 will be paid for by funds identified by the campus. It is generally expected that these funds will be identified through an adjustment to their multi-year capital plan.
If the emergency is to be handled by the campus; SUNY Procedures Manual Item 530.8 must be followed which includes a Campus Declaration of Emergency (Exhibit A), notification to the State Comptroller and receipt of quotes by the campus.
If OGS is to make repairs under the Public Buildings Law cited above, the SUCF campus Program Manager will complete OGS BDC 318 (Exhibit B) and the Construction Permit Application (Exhibit C), have them signed by the Assistant Vice Chancellor for Capital Facilities and forward them to OGS. Your Program Manager will contact OGS to initiate repairs.
The campus identifies funding for the project.
Submit this completed declaration to the appropriate SUCF Campus Program Manager. For critical or serious emergencies, the following information should be faxed or phoned to the SUCF as soon as possible. In addition, documentation such as pictures, videos, witness statements, official reports, etc. should be maintained by campus. All "construction emergencies" requesting funding through the State University Construction Fund emergency program must be reported on this form.
