New York Laws
Article 8-A - State University Construction Fund
375 - Capital Construction Planning.

§ 375. Capital construction planning. 1. Construction standards. On or
before July first, nineteen hundred sixty-two, the state university
trustees shall cause to be prepared with the assistance of the fund, the
dormitory authority, the state department of transportation and the
division of the budget, proposed standards for all facilities or classes
of facilities to be constructed, acquired, reconstructed, rehabilitated
or improved for the state university pursuant to contracts executed on
or after a date thirty days subsequent to the effective date of such
standards. The proposed standards may, in the discretion of the state
university trustees, include, among other things, provisions relating to
the quality and type of materials to be used in such facilities,
provisions for safety, fire protection, health and sanitation,
provisions for the installation of fixtures and equipment in such
facilities and construction features deemed by the state university to
be desirable for academic use or for habitability. The proposed
standards shall be reviewed by the state university trustees and shall
be subject to their approval, disapproval or modification on or before
August first, nineteen hundred sixty-two and in the form approved, shall
be forwarded to the governor for his further approval, disapproval or
modification within thirty days thereafter. The proposed standards shall
be deemed adopted, with or without modifications as the case may be,
upon (i) written approval by the governor or (ii) the expiration of
thirty days after receipt of the proposed standards by the governor from
the state university trustees, whichever occurs first. The effective
date of such standards shall be September first, nineteen hundred
sixty-two. Such standards, in the form adopted, shall be filed by the
state university with the secretary of state in the manner provided by
section one hundred two of the executive law.

Changes in the construction standards so adopted may from time to time
be formulated and proposed, reviewed, approved, disapproved or modified,
adopted and filed in the same manner as the original standards.

2. Design. The fund shall prepare, or cause to be prepared, within the
amounts appropriated therefor or otherwise available, the building
plans, the exterior drawings or models displaying the architectural
concept of the facility, and the detailed plans and specifications for
all construction, acquisition, reconstruction, rehabilitation and
improvement work to be performed at state-operated institutions or
statutory or contract colleges under the jurisdiction of the state
university. The fund may cause the building plans, drawings, models and
detailed plans and specifications for such work to be prepared under the
direction of the letting agency in accordance with the terms of any
agreement entered into between the fund and such letting agency pursuant
to section three hundred seventy-six of this chapter.

The detailed plans and specifications for any such work to be
performed pursuant to a contract executed on or after a date thirty days
subsequent to the effective date of the construction standards adopted
pursuant to subdivision one of this section shall comply with the
standards in effect at the time the contract is executed.

Subject to the terms of any agreement entered into between the fund
and the letting agency pursuant to section three hundred seventy-six of
this chapter, the fund may from time to time modify, or authorize
modifications to, such detailed plans and specifications provided (i)
that the plans and specifications as so modified shall comply with the
construction standards, if any, adopted pursuant to subdivision one of
this section and in effect at the time of the modification, and (ii)
that such modifications are made after consultation with the state
university, and (iii) that in the event a contingency fund is
appropriated to the fund to pay the added costs during the then current

state fiscal year of all modifications made in the course of
construction, acquisition, reconstruction, rehabilitation and
improvement of facilities for the state university, no such modification
may be made or authorized in such fiscal year without the approval of
the director of the budget unless the cost thereof shall be less than
five per centum of the total estimated cost of the facility as set forth
in the budget bill referred to in subdivision one of section three
hundred seventy-six of this chapter, but in no event shall any such
modification be made or authorized in such fiscal year if the cost
thereof, plus the cost of all modifications theretofore made or
authorized during the same state fiscal year, would exceed the amount of
the contingency fund appropriated for the purpose of such modifications,
and (iv) that in the event a contingency fund is not appropriated for
the purpose of such modifications, no such modification involving an
estimated expense of ten thousand dollars or more shall be made or
authorized without the prior approval of the director of the budget.

3. Municipal regulations. No county, city, town or village shall have
power to modify or change the plans or specifications for facilities to
be constructed, acquired, reconstructed, rehabilitated or improved for
state university purposes, or the construction, plumbing, heating,
lighting or other mechanical branch of work necessary to complete the
work in question, nor to require that any person, firm or corporation
employed on any such work shall perform such work in any other or
different manner than that provided by such plans and specifications,
nor to require that any such person, firm or corporation obtain any
other or additional authority or permit from such county, city, town or
village as a condition of doing such work, nor shall any condition
whatever be imposed by any such county, city, town or village in
relation to the work being done pursuant to this article, but such work
shall be under the sole control of the supervising architect or engineer
in accordance with the drawings, plans, specifications and contracts in
relation thereto; and the doing of any such work for the fund by any
person, firm or corporation in accordance with the terms of such
drawings, plans, specifications or contracts shall not subject said
person, firm or corporation to any liability or penalty, civil or
criminal, other than as may be stated in such contracts or incidental to
the proper enforcement thereof.