& Fiscal Guidance
Selected Definitions and References Under Commissioner Regulations
Implementing (EFCFA) N.J.A.C. 6:23A
Definitions N.J.A.C. 6:23A-1.2
"School facilities project" means
the acquisition, demolition, construction, improvement, repair alteration,
modernization, renovation, reconstruction or capital maintenance of
all or any part of a school facility or of any other personal property
necessary for, or ancillary to, any school facility, and shall include
fixtures, furnishings and equipment, and shall also include, but is
not limited to, site acquisition, site development, the services of
design professionals such as engineers and architects, construction
management, legal services, financing costs and administrative costs
and expenses incurred in connection with the project. To qualify as
a school facilities project, the project must be new construction in
order to meet the housing needs of unhoused students, or rehabilitation
for the purpose of keeping a school facility functional for its original
purpose or for a new purpose accomplished within the gross square footage
of the original building. Maintenance projects intended solely to achieve
the design life of school facility and routine maintenance do not constitute
school facilities projects.
"Other capital projects" means all
projects, or portions thereof, that are not eligible for State support
under EFCFA, including:
Capital projects for the construction or rehabilitation
of "other facilities" (defined below);
Projects funded through lease purchase agreements
not in excess of five years duration which are not for additions
or improvements to an existing school facility;
Leases of school facilities;
Capital projects for which a district is not seeking
State funds; and
Projects for which there are no costs eligible
for State support.
"Other facilities" means athletic
stadiums, grandstands, greenhouses, garages, facilities used for non-instructional
or non-educational purposes, and any structure, building or facility
used solely for school administration.
"Required maintenance" means, for
purposes of determining M in the formula in N.J.A.C.
6:23A-2.8, specific maintenance activities required for system warranty
purposes which are approved for repairs and replacements for the purpose
of keeping a school facility open and safe for use or in its original
condition, including repairs and replacements to a school facilitys
heating, lighting, ventilation, security and other fixtures to keep
the facility or fixtures in effective working condition, and which does
not consist of routine maintenance or capital maintenance. Required
maintenance is not an eligible cost of a school facilities project.
"Routine maintenance" means contracted
custodial or janitorial services, expenditures for the cleaning of a
school facility or its fixtures, the care and upkeep of grounds or parking
lots, and the cleaning of, or repairs and replacements to, movable furnishings
or equipment. Routine maintenance is not an eligible cost of a school
Emergent School Facilities Projects - N.J.A.C. 6:23A-2.2(e)
Prior to the approval of a districts LRFP, a district
may apply directly for approval of a school facilities project when an
emergent condition exists. An emergent condition exists when a condition
is so injurious or hazardous that it causes an imminent peril to the health
and safety of students and staff. A school facilities project will be
approved for an emergent condition if, after an on-site inspection, the
county superintendent of schools certifies that an emergent condition
exists as defined above.
Equipment, ,Furnishings and Fixtures
Furnishings, fixtures and equipment are not eligible
for state support unless included in a school facilities project as follows:
Furnishings and equipment, which meet all of the
criteria for capitalization as defined pursuant to N.J.A.C. 6:20-2A.5(a),
when part of a school facilities project which is either new construction
or "major rehabilitation" as defined in the UCC, N.J.A.C.
5:23-6.1 et seq.
BFixtures when part of a school facilities project.