ATTACHMENT 10 - Regulatory Requirements.docx

Section 01 41 00

REGULATORY REQUIREMENTS

Applicable Publications

1. Federal Law:

10 CFR 433-436, Federal Buildings Energy Efficiency Code, Standards, and Programs 29 CFR 1910, 1926, & 1960 of the Occupational Safety and Health Act of 1970, as amended)

· Including CPL 2-00.124 Multi-Employer Citation Policy 29 USC 701 et seq., The Rehabilitation Act of 1973, as amended 40 USC 601-619, Chapter 12--Construction, Alteration and Acquisition of Public Buildings. Public Buildings Amendment Act of 1959, as amended (Public Buildings Act) 40 USC 3313, Use of Energy Efficient Lighting and Fixtures 42 USC 4151 et seq., The Architectural Barriers Act (ABA) of 1968, as amended 42 USC 13201 et seq, Energy Policy Act of 2005 (EPAct) 42 U.S.C. 12101 et seq., The Americans with Disabilities Act (ADA) of 1990, as amended) - 28 CFR part 36 (title III), esp. incl. but not limited to Subpart D – New Construction and Alterations.

Executive Order 13423: Strengthening Federal Environmental, Energy, and Transportation Management.

Federal Leadership in High Performance and Sustainable Buildings Memorandum of Understanding (MOU) OMB Circular No. A-119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities

2. Compliance with Nationally Recognized Codes and Standards:

A. By no means can it be practical to list each and every consensus standard, nor should it be necessary. Federal Acquisition Regulations require each contractor bidding a project to maintain a greater than working knowledge of the science, technologies, and best practices governing the work.

B. VA and its AE firms are required to comply with the latest edition of all nationally-recognized codes and standards propagated by the International Code Council (ICC) and National Fire Protection Association (NFPA), and the plethora of industry consensus codes and standards associated with the various systems and elements included within a project. To be clear, the Regulatory Requirements specification cannot possibly be all-inclusive given the hundreds of industry associations propagating and updating consensus resources, however, it is expected that AE firms planning VA projects have a sufficient stable of subject matter expert licensed design professionals of the various disciplines contemplated for the planned work to ensure that all of the current knowledge and best practices are employed in planning the work. This is how compliance shall be achieved within 40 USC 601-619, Chapter 12--Construction, Alteration and Acquisition of Public Buildings. Public Buildings Amendment Act of 1959, as amended (Public Buildings Act), and 40 USC 3312 Compliance with Nationally Recognized Codes.

C. VA Design Manuals and Master Specifications specify codes and standards are expected to be followed on its projects. In all cases, regardless of edition cited within this Specification, or within VA Design Manuals and Master Specifications, the most current edition published at the time the construction documents are finalized shall apply.

D. Should a conflict exist between VA requirements elaborated within Design Manuals and Master Specifications, and nationally recognized codes and standards, the conflict shall be brought to the attention of the VA Contracting Officer. The resolution of the conflict shall be made by the Authority Having Jurisdiction.

E. The VA Architectural Design Manual states: “Unless otherwise directed by VA [Contracting Officer, in writing], the Authority Having Jurisdiction is the VISN Safety Officer”.

F. VHA Directive 7712 Fire Protection Code Reviews of Delegated Construction Projects (10FEB17), available at: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5331, states, in part:

2.a. The Department of Veterans Affairs (VA) acts as its own building and fire protection official and Authority Having Jurisdiction (AHJ). Construction of facilities on Federal property is generally exempt from the requirements of local building codes and standards. In addition, construction projects on Federal property are generally exempt from code compliance reviews by local fire officials. Therefore, VA must have its own process to ensure that facilities are designed, renovated, and constructed in accordance with VA policy and the codes and standards adopted by VA.

2.b. VA is required to comply with national consensus codes and standards. VA general requirements addressing construction codes and standards are found in the Office of Construction and Facilities Management (OCFM) document Program Guide (PG) 18-3, Topic 1, Codes, Standards, and Executive Orders. Specific VA requirements for fire protection are found in the VA Fire Protection Design Manual.

5.b.(2). DUSHOM is AHJ for fire protection code, except as defined within the CEOSH resources available to VA staff facility and safety professionals (Consult the VA Fire Marshal).

6.b. Review Comments. All fire protection code review comments shall be responded to and resolved in a manner that is acceptable to the design team, the [Independent Code Review Consultant] reviewer(s), and the Chief Engineer or designee (e.g., Contracting Officer’s Representative) responsible for managing the project. All fire protection code review comments and their resolution shall be documented in a permanent record as part of the project documentation. NOTE: Documentation of the fire protection code review comments and their resolution is typically recorded in the Project Tracking Report (PTR) in the Capital Assets Database.

G. VA Fire Protection Design Manual (current edition), available at https://www.cfm.va.gov/til/dManual/dmFire.pdf: Code interpretation and equivalencies determination shall only occur at the Network [VISN] level or higher.

For code interpretation and enforcement, the Authority Having Jurisdiction (AHJ) for all VA projects is ultimately the Deputy Under Secretary for Health for Operations and Management [DUSHOM](10N), with the Safety and Fire Protection Engineer (10NA8) acting as the VA Fire Marshal. At the Medical Center and Veterans Integrated Service Network (VISN) level, the respective Network Safety Manager or Network Safety and Fire Protection Engineer (SFPE) has the option to act as the AHJ representative on behalf of 10NA8 and make local AHJ decisions in areas where they are competent. (p.2, para.1.2.C.)

H. All new Emergency Lighting (Exit and Egress lighting) shall meet Chicago Code in their construction and installation. [This is not an error] VA will inform the AE regarding basis-of-design and specification selections performance standards if needed.

I. Local Codes:

As an agency of the federal government, VA is not subject to local imposition of code enforcement procedures such as drawing reviews, building permits, inspections, fees, etc. VA must function as the Authority Having Jurisdiction (AHJ) and thus has the responsibility to guard public health and safety through enforcing its adopted codes. In select cases VA may elect to notify local authorities about planned projects and offer the opportunity to review drawings provided that VA does not pay for review or inspection fees.

J. Consensus Codes and Standards:

The following is a partial listing. Apply all current editions of all applicable industry codes and standards, including addenda and errata where they occur.

American Concrete Institute (ACI):

American Institute of Steel Construction (AISC):

Manual of Steel Construction, Load and Resistance Factor Design Specifications for Structural Steel Buildings American Society of Civil Engineers (ASCE) as applicable American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) ASHRAE 15 Safety Standard for Refrigeration Systems See Addenda for current edition at: https://www.techstreet.com/ashrae/standards/ashrae-15-2019-packaged-w-34-2019?product_id=2046531#amendments ASHRAE 62.1 Ventilation for Acceptable Indoor Air Quality See Addenda for current edition at: https://www.techstreet.com/ashrae/standards/ashrae-62-1-2019?product_id=2088533#amendments ASHRAE 188 Legionellosis: Risk Management for Building Water Systems See Addenda for current edition at: https://www.techstreet.com/ashrae/standards/ashrae-188-2018?product_id=2020895#amendments ASHRAE 170 Ventilation of Health Care Facilities See Addenda for current edition at: https://www.techstreet.com/ashrae/standards/ashrae-170-2017?product_id=1999079#amendments American Society of Mechanical Engineers (ASME):

ASME A 17.1 Safety Code for Elevators and Escalators ASME Boiler and Pressure Vessel Code ASME Code for Pressure Piping American Society of Safety Professionals (ASSP; formerly ASSE):

American Society of Sanitary Engineers International (ASSE):

ASSE/IAPMO/ANSI Series 6000 – Medical Gas Systems American Society of Testing and Materials (ASTM) E84-2013 Surface Burning Characteristics of Building Materials International Code Council (ICC):

International Energy Conservation Code (IECC) International Fire Code (IFC) International Building Code (IBC) International Green Construction Code (IgCC) International Plumbing Code (IPC) International Mechanical Code (IPC) National Fire Protection Association (NFPA):

3. US Department of Veterans Affairs:

A. VHA Directive 7715 Safety and Health During Construction:

Requires inclusion of FAR Clause 52.236-13, Accident Prevention in all construction contracts with paragraph f, as prescribed in the clause. Standard specifications 01 35 26 Safety Requirements, and 01 35 33 Infection Control Requirements, are also required to be included by the Directive.

B. VHA Directive 2008-052 Smoke-Free Policy for VA Health Care Facilities C. VA Office of Construction and Facilities Management, Technical Information Library (http://www.cfm.va.gov/til/ ):

1) VA Healing Environment Design Guidelines (SEP2016): https://www.cfm.va.gov/til/etc/HealEnvir.pdf

2) Master Construction Specification templates (PG-18-1) associated with each part of the work, identified and cataloged using MasterFormat® and SectionFormat®, especially with regard to general requirements, referenced applicable publications specific to each system, assembly, or product, and submittal/shop drawing preparation and submission. http://www.cfm.va.gov/til/spec.asp Edit to project-specific requirements. Not all content pre-populated in the templates is acceptable at all VA facilities. Example: PVC pipe for fire protection systems is highly unlikely to be allowed at all but a few facilities.

AE Estimates must use current MasterFormat®.

3) VA Design Review Checklists per http://www.cfm.va.gov/til/aeDesSubReq.asp and http://www.cfm.va.gov/til/alert.asp and http://www.cfm.va.gov/til/criteria.asp

4) VA CAD standards and details per http://www.cfm.va.gov/til/projReq.asp. No custom or special fonts.

5) VA A/E Submissions & Review Resources: https://www.cfm.va.gov/til/aeDesSubReq.asp

6) VA Architectural Design Manual: https://www.cfm.va.gov/til/dManual/dmARhosp.pdf

7) VA Barrier Free Design Standard PG-18-13: https://www.cfm.va.gov/til/etc/dsBarrFree.pdf Note: Architectural Barriers Act Accessibility Standards information and CAD resources: https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/aba-standards

8) VA Plumbing Design Manual: https://www.cfm.va.gov/til/dManual/dmPlbg.pdf

9) VA Lighting Design Manual: https://www.cfm.va.gov/til/dManual/dmLighting.pdf

10) VA HVAC Design Manual: https://www.cfm.va.gov/til/dManual/dmHVAC.pdf

11) VA Electrical Design Manual: https://www.cfm.va.gov/til/dManual/dmElec.pdf

12) VA Fire Protection Design Manual: https://www.cfm.va.gov/til/dManual/dmFire.pdf

13) VA Telecommunications Systems Design Manual: https://www.cfm.va.gov/til/dManual/dmTelecomm.pdf

14) VA Physical Security Design Manual for Life-Safety Protected Facilities: https://www.cfm.va.gov/til/PhysicalSecurity/dmPhySecLS.pdf

15) VA Physical Security Design Manual for Mission Critical Facilities: https://www.cfm.va.gov/til/PhysicalSecurity/dmPhySecMC.pdf

16) VA Seismic Design Requirements, H-18-8 (where applicable or appropriate) Note: DO NOT assume that because our location, or any other VA location isn’t in a seismic zone, the work, or parts of it, still don’t require designing to seismic standards.

17) VA Interior Design Manual: https://www.cfm.va.gov/til/dManual/dmIDhonh.pdf

18) VA Signage and Wayfinding Guidance: https://www.cfm.va.gov/til/spclRqmts.asp#SIGN

19) VA Critical Path Method Design Manual, Vol.1: https://www.cfm.va.gov/til/dManual/dmCPM1.pdf

20) VA Critical Path Method Design Manual, Vol.2: https://www.cfm.va.gov/til/dManual/dmCPM2.pdf

21) Cost Estimation Manual for VA Facilities: https://www.cfm.va.gov/til/dManual/dmCost.pdf

22) VA Sustainable Design Resources: https://www.cfm.va.gov/til/sustain.asp VA Sustainable Design Manual: https://www.cfm.va.gov/til/sustain/dmSustain.pdf Federal Mandates & VA Policies:

a. Executive Order 13693 Planning for Federal Sustainability in the Next Decade*

b. Energy Independence and Security Act of 2007 (EISA 2007)

c. Energy Policy Act of 2005 (EPAct 2005)*

d. VA Directive 0055 VA Energy and Water Management Program

e. VA Directive 0056 VA Sustainable Buildings Program

f. VA Directive 0066 VA Sustainable Locations Program

g. VA Handbook 0056 VA Sustainable Buildings Program Situationally:

23) VHA Directive 1330.01(2) Health Care Services for Women Veterans (amended) 24JUL18: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5332

24) Search and apply all VHA Directives and associated Handbooks for content specific to this project at: https://vaww.va.gov/vhapublications/ Examples:

VHA Handbook 1042.01 Criteria and Standards for VA Dialysis Programs (May 23, 2016): http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3205 VHA Directive 1116(2) Sterile Processing Services (March 23, 2016): https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3186

4. Government agencies other than VA which propagate research, guidance, and standards for industry performance (and in some cases enforce these), as applicable to materials, equipment, machines, processes, systems, or other regulated modes and methods associated design, construction, testing, and maintenance of health care facilities, such as:

Centers for Disease Control and Prevention (CDC) CDC Infection Control and Health Care Personnel page (Re: TB testing): https://www.cdc.gov/tb/publications/guidelines/infectioncontrol.htm, and https://www.cdc.gov/tb/topic/infectioncontrol/healthCarePersonnel-resources.htm Centers for Medicare and Medicaid Services (CMS) Department of Labor, including Occupational Safety and Health Administration (OSHA), and Wage and Hour Division.

Environmental Protection Agency (EPA) Food and Drug Administration (FDA) National Institutes of Health (NIH) Nuclear Regulatory Commission (10 CFR 20 Standards for Protection Against Radiation)

5. The Joint Commission: Comprehensive Accreditation and Certification Manual

6. Facilities Guidelines Institute:

2018 Guidelines for the Design and Construction of Hospitals 2018 Guidelines for the Design and Construction of Outpatient Facilities 2018 Guidelines for the Design and Construction of Residential Health, Care, and Support Facilities Note:

As applicable to the facility type.

Verify availability of errata and addenda for current edition at: https://fgiguidelines.org/guidelines/errata-and-addenda/

7. Medical Industry Standards:

Association for the Advancement of Medical Instrumentation (AAMI) Association of Perioperative Registered Nurses (AORN) publishes standards and recommended practices to ensure safe patient care and a safe work environment in all settings where surgical and other invasive procedures are performed.

Association for Professionals in Infection Control and Epidemiology (APIC) APIC Text of Infection Control and Epidemiology American Society for Healthcare Engineering (ASHE)

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REGULATORY REQUIREMENTS