Ohio Administrative Code Title 3318 - Facilities Construction Commission
Ohio Administrative Code Title 3318 – Facilities Construction Commission
Overview
Title 3318 of the Ohio Administrative Code contains the administrative rules adopted by the Ohio Facilities Construction Commission (OFCC). The OFCC oversees the planning, funding, design, construction, and renovation of public facilities, especially K–12 public school buildings across Ohio.
The authority for the rules in OAC Title 3318 comes from the Ohio Revised Code Chapter 3318, which governs the state’s school facilities programs, and from other enabling statutes related to state capital construction projects.
Purpose of the OFCC and Title 3318 Rules
The primary goals of the OFCC, and by extension Title 3318, are to:
Provide equitable and cost-effective construction and renovation of public schools and state buildings.
Ensure construction projects follow uniform design, construction, and financial guidelines.
Enforce rules to guarantee transparency, fiscal responsibility, and quality in public construction.
Support co-funding programs between the state and local school districts.
Administer other public building programs, such as courthouses, higher education facilities, and state agencies' capital projects.
Structure of Title 3318 Rules
The rules in Title 3318 can be grouped into several key operational areas:
1. Project Eligibility and Application Process
Rule Focus: Criteria for determining when a school district qualifies for OFCC programs.
Key Concepts:
Assessment of school facilities condition.
Local funding capacity and wealth index.
Priority ranking for state assistance.
2. Funding and Project Agreements
Rule Focus: How state and local funds are allocated and managed.
Key Concepts:
Required local share based on wealth calculations.
Execution of project agreements between school districts and the Commission.
Use and tracking of Contingency Funds, LFI (Locally Funded Initiatives), and ELPP (Expedited Local Partnership Program).
3. Design and Construction Standards
Rule Focus: Enforcing state-mandated design guidelines for consistency, safety, and educational adequacy.
Key Concepts:
Minimum classroom sizes, building system requirements (HVAC, fire protection, etc.).
Use of uniform design manuals and adherence to LEED or other energy efficiency standards.
Commission approval required at various project stages (schematic, design development, final design).
4. Procurement and Contracting Rules
Rule Focus: Ensuring fair bidding, contractor prequalification, and ethical compliance.
Key Concepts:
Use of Construction Manager at Risk (CMR) or Design-Bid-Build (DBB) methods.
Competitive bidding procedures.
Contractor and architect prequalification and registration with the OFCC.
5. Oversight, Auditing, and Compliance
Rule Focus: Tracking performance, ensuring proper use of funds, and investigating violations.
Key Concepts:
Construction progress reports.
Post-project audits and financial closeouts.
Suspension or debarment of contractors for rule violations or unethical behavior.
Legal Authority and Administrative Process
Rules are adopted pursuant to the Ohio Administrative Procedure Act.
OFCC regulations must remain consistent with ORC Chapter 3318, which provides the statutory basis for school construction programs and state funding.
Violations of administrative rules can result in enforcement actions, including disqualification of contractors, withholding of funds, or termination of project agreements.
Relevant Ohio Case Law on Title 3318 and Related Statutes
While most disputes involving the OFCC are administrative in nature (resolved via hearings or audits), several Ohio court cases illustrate the legal principles behind Title 3318.
🔹 State ex rel. Warrensville Heights City School District v. Ohio School Facilities Commission,
2012-Ohio-5707 (10th Dist. Ct. App.)
Issue: Whether the OFCC acted within its discretion in suspending a project agreement due to noncompliance.
Holding: The court held that the OFCC had statutory and regulatory authority under OAC 3318 to enforce compliance and suspend projects where financial controls or project terms were breached.
Significance: Validated the Commission’s ability to enforce Title 3318 rules through administrative action, even where school districts disagreed.
🔹 T.A. Constr., Inc. v. Ohio School Facilities Comm'n,
2005-Ohio-5928 (Ct. Cl. of Ohio)
Issue: Whether a contractor could recover payment for disputed work on a school construction project overseen by the OFCC.
Holding: The Court of Claims ruled that contract modifications not approved under the Title 3318 procurement procedures were unenforceable.
Significance: Reinforced the strict procurement and approval rules under Title 3318, preventing unauthorized changes.
🔹 State ex rel. Licking Heights Local School District v. OFCC,
2009-Ohio-3788 (Ct. App. 10th Dist.)
Issue: Dispute over calculation of the local share under funding formulas governed by OFCC rules.
Holding: The court upheld the OFCC’s methodology and application of its funding rules as consistent with OAC Title 3318 and underlying statutes.
Significance: Shows judicial deference to OFCC’s technical and financial expertise, provided its actions are within rule-based discretion.
Key Legal Principles
| Legal Principle | Application in Title 3318 | Case Example |
|---|---|---|
| Administrative Discretion | OFCC has authority to enforce compliance and suspend noncompliant projects. | Warrensville Heights City SD v. OFCC |
| Contract Compliance and Procurement Rules | Only contract terms and changes approved per Title 3318 are valid. | T.A. Construction v. OFCC |
| Funding Calculations | Courts defer to OFCC’s technical methods if rules are followed. | Licking Heights Local SD v. OFCC |
| Due Process in Enforcement | Affected parties are entitled to administrative hearing procedures. | Inferred from procedural fairness under ORC/OAC |
Common Compliance Challenges under Title 3318
Failure to follow competitive bidding rules.
Use of unapproved contractors or professionals.
Local districts exceeding authorized scope or cost.
Improper use of contingency or LFI funds.
Failure to meet reporting or auditing requirements.
Conclusion
Ohio Administrative Code Title 3318 plays a vital role in regulating how public school and other state-funded construction projects are designed, funded, and completed.
The Ohio Facilities Construction Commission exercises significant authority, backed by both administrative rules and statutes, to ensure projects are handled legally, efficiently, and fairly.
Ohio courts support the Commission’s discretion under Title 3318 rules, as long as actions comply with the rulemaking process and respect due process.
Schools, contractors, and public agencies involved in construction must understand and adhere to these rules to ensure successful participation in state-funded programs.
RELATED Blog
0 comments