Section 26. The director shall recommend to the commissioner standards and guidelines applicable to maintenance and repair. Said standards and guidelines shall be complied with by state agencies and building authorities. The director shall also develop maintenance and repair standards and guidelines for use by the department of housing and community development. Said standards and guidelines shall be advisory only.
State agencies and building authorities shall certify to the director, once each year, that all maintenance and repair standards and guidelines have been complied with, or if the state agency or building authority has not so complied, the reasons for noncompliance. The director may order, in his discretion and without prior notice, inspection of state agency or building authority buildings, for the purpose of insuring compliance with maintenance and repair standards and guidelines. If the director finds that a state agency or building authority is not in compliance, the director shall report such noncompliance to the commissioner, the head of the state agency or building authority, the secretary of administration and finance, and in the case of building authorities, the board of higher education and the board of trustees of the relevant institution. If a state agency or building authority fails within 3 months of such notification to comply with said standards and guidelines, the director shall recommend to the commissioner emergency measures that should be taken.
The director may direct, subject to the approval of the commissioner, once a state agency or building authority is found to be not in compliance with maintenance and repair standards and guidelines, that the state agency or building authority report in detail to the director on a monthly basis the status, progress and problems of maintenance and repair operations at the state agency or building authority's facilities. The director shall recommend to the commissioner regulations to be adopted governing information to be included in the monthly report. The director shall make quarterly reports to the commissioner on the status of maintenance and repair operations at the relevant state agency or building authority. At such time as the commissioner determines, with the advice of the director, that maintenance and repair operations have come into compliance with all applicable standards and guidelines, the state agency or building authority shall be relieved of the necessity of making monthly detailed reports.
Where it is deemed necessary, the commissioner, on the advice of the director, may recommend that the office assume supervision and control over maintenance and repair operations normally carried out by the state agency or building authority. The secretary of administration and finance, after consultation with the secretary of the executive office in which the relevant state agency or building authority is located, and, in the case of building authorities, after consultation with the board of trustees of the relevant institution, may order transfer of supervision and control of maintenance and repair operations to the commissioner. Upon making such order, the commissioner shall forthwith file a copy of said order with the budget director, the comptroller, the house and senate committees on ways and means, and the joint committee on post audit and oversight, specifying the scope of the authority so transferred and the direction of said transfer. Said transfer may be for such period of time as the commissioner deems appropriate. Where the commissioner has so assumed control and supervision, the commissioner shall make quarterly reports to the secretary of administration and finance on the status of maintenance and repair operations at the affected state agency or building authority.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 7c - Capital Asset Management and Maintenance
Section 1 - Definitions Applicable to This Chapter and Chapter 29
Section 3 - Coordination of Capital Facility Project Plans and Programs
Section 7 - Court Facilities Acquisition, Control, Disposition, etc.; Director of Court Facilities
Section 10 - Advisory Council on Capital Asset Management and Maintenance
Section 11 - Office of Programming; Director of Programming
Section 12 - Duties and Responsibilities of Director of Programming
Section 13 - Office of Project Management; Director of Project Management
Section 14 - Duties and Responsibilities of Director of Project Management
Section 17 - Change Orders or Other Contract Modifications
Section 18 - Request for Change Order; Approval or Disapproval; Appeal
Section 21 - General Principles Applicable to Equitable Adjustments
Section 22 - Resident Engineers
Section 23 - Acceptance of Federal Funds or Assistance
Section 25 - Control of Supervision of Projects by the Director of Facilities Management
Section 28 - Duties and Responsibilities of Director of Facilities Management
Section 30 - Evaluation of Energy Consumption of Buildings and Their Major Energy Using Systems
Section 34 - Procedure for the Disposition of Real Property by Sale, Rental or Otherwise
Section 35a - Termination of Lease for Nonappropriation or Nonallotment; Renegotiation of Lease
Section 40 - Rules and Regulations for the Acquisition, Utilization and Disposition of Real Property
Section 42 - Reporting of Lease or Any Agreement for Tenancy at Will or Other Rental of Space
Section 45 - Designer Selection Board
Section 46 - Jurisdiction of Designer Selection Board; Exemptions From Jurisdiction
Section 47 - Public Notice Requirements for Contracts for Design Services
Section 52 - Appointment of Designer or Interior Designer for Continued or Extended Services
Section 53 - Expedited Selection Procedures Upon Declaration of Emergency Situation
Section 54 - Adoption of Written Selection Procedure Prior to Award of Contract for Design Services
Section 57 - Adoption of Procedures and Regulations to Implement Secs. 44 to 58
Section 59 - Study or Program Required Prior to Contracting for Design or Construction Services
Section 62 - Contingency Funds or Accounts
Section 63 - Capital Facility Planning Fund
Section 64 - Long-Range Capital Facilities Development Plans
Section 65 - Required Content of Long-Range Capital Facilities Development Plans
Section 69 - Design and Construction Contingency Reserve Account
Section 70 - Emergency Repair Reserve Account
Section 72 - Annual Reporting by Commissioner to Governor and General Court