Attachment F AP Part X-Sec. II- Court Facilities Criteria (2007-03).pdf

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Court Facility Assessment Services
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Breathitt County, Kentucky

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This document is a comprehensive Court Facilities Criteria manual issued by the Administrative Office of the Courts (AOC) for the Commonwealth of Kentucky Court of Justice, detailing standards and specifications for designing, constructing, and maintaining court facilities across different facility types. The manual establishes precise guidelines for six classes of facilities: Rural Court Facilities, Urban & Metropolitan Court Facilities, Court Satellite Facilities, Supreme Court and Court of Appeals Facilities, Leased and Interim Facilities, and Administrative Office of the Courts Facilities. These criteria provide detailed space allowances, construction standards, security provisions, and supporting infrastructure requirements for each facility type, with specifications covering everything from courtroom dimensions and layout to parking areas, utilities, and equipment.

The manual provides explicit guidance on funding, with the AOC supporting up to 100% of court-required construction costs for local-owned facilities, subject to specific criteria and limitations. Facilities must conform to standardized space allocations, with flexibility for minor variations, and must meet specific design requirements including non-combustible materials, fire suppression systems, seismic survivability, and counter-terrorism considerations. The document outlines a comprehensive approach to facility development that considers projected workload needs for 10-30 years, emphasizes flexibility, and requires detailed needs assessments, site evaluations, and utility analyses. Funding is contingent upon adherence to these precise standards, with provisions for potential scope increases and contingency funds, always maintaining legislative oversight and approval processes.

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SECTION II: Court Facilities Criteria

COURT FACILITIES CRITERIA

Summary. Rule of Administrative Procedure of the Court of Justice have the force and effect of law in the Commonwealth of Kentucky. This Court of Justice Rule of Administrative Procedure stablishes policy concerning buildings and supporting items used for programming the construction of Court Facilities, Court Support Facilities, and Administrative Facilities within the Commonwealth of Kentucky which are supportable totally or in part with Commonwealth of Kentucky Administrative Office of the Courts funds.

Applicability. This Rule of Administrative Procedure of the Court of Justice applies Court of Justice supported facilities and activities.

Supplementation. Supplementation of this Court of Justice Rule of Administrative Procedure is prohibited without prior approval from the Chief Justice, Kentucky Supreme Court and the Director of Commonwealth of Kentucky Administrative Office of the Courts, 100 Millcreek Park, Frankfort, Kentucky, 40601-9230.

Internal Control System. This Rule of Administrative Procedure of the Court of Justice contains internal control provisions but does not contain checklists for conducting internal control reviews. These provisions are contained in Rule of Administrative of the Court of Justice Part X., Section I., Construction Program Development.

Interim Changes. Interim changes are authenticated by the Director, Administrative Office of the Courts. Interim changes will be destroyed on the expiration date unless superseded by the publication of a new version.

Suggested Improvements. Users of this Rule of Administrative Procedure of the Court of Justice are encouraged to send comments and suggested improvements to the General Manager of Court Facilities, Administrative Office of the Courts, 100 Millcreek Park, Frankfort, Kentucky 40601-9230. Updating and editing of this document shall be considered in four (4) year cycles.

Table of Contents

Para Page Chapter 1. General 1 Purpose 1-1 1 References 1-2 1 Explanation of abbreviations and terms 1-3 1 Responsibilities and Authority 1-4 1 Chief Justice 1-4A 1 AOC General Manager of Facilities 1-4B 1 Facilities-Related Matters 1-4C 1 Implementation of Policy 1-4D 1 Policy 1-5 1 General 1-5A 1 Court Facilities & Court Support Facilities 1-5B 1 Court Facilities Purpose 1-5C 2 Primary Facility Mission 1-5D 2 Types of Court Facilities 1-5E 2 Classes of Court Facilities 1-5F 2 State Support 1-5G 2 Space and Materials Criteria 1-5H 2

Overview of Court Facilities Criteria Figure 1-1 3 Overview of Supporting Fac. Criteria Figure 1-2 4 Criteria Overview Figure 1-3 4 Deviation from Criteria Allowances 1-5I 5 State Project Funding Participation 1-5J 5 Items Which Are Not Supported with AOC Funds for Local-Owned Facilities 1-5K 5 Basis for Construction 1-5L 6 Basis for Project Scope 1-5M 6 Facility Design and Construction 1-5N 7 Facility Usage for Local-OwnedFacilities 1-5O 7 Facilities Operations, Maintenance, and Repair 1-5P 7 Facility Size Determination Data 1-6 7 General 1-6A 7 Needs Assessment 1-6B 7 Site Data 1-6C 7 Utilities Data 1-6D 8

~Continued~ i.

Court Facilities Criteria October, 2002

Table of Contents - Continued

Chapter 2. Rural Court Facilities 9 General 2-1 9 Standards 2-1A 9 Leased and Interim Facilities 2-1B 9 Circulation 2-1C 9 Walls and Partitions 2-1D 9 Flexibility 2-1E 9 General Construction of Building(s) 2-2 9 General 2-2A 9 Interior Fire Protection 2-2B 10 Seismic Survivability 2-2C 10 General Security Provisions 2-2D 10 Counter Terrorism Considerations 2-2E 10 Power Failure Survivability 2-2F 10 Supporting Items 2-3 10 Site Preparation 2-3A 10 Rock Excavation for Building Foundations 2-3B 10 Fine Grading and Seeing 2-3C 10 Planting and Sodding 2-3D 10 Secure Elected Officials’ Parking Areas 2-3E 11 Public and Staff Parking Areas 2-3F 11 Service and Access Aprons 2-3G 11 Security Fencing and Barriers 2-3H 11 Utilities 2-3I 12 Exterior Fire Protection 2-3J 12 Access Roads and Entrance Throats 2-3K 12 Walks 2-3L 12 Flagpole 2-3M 12 Lawn/Garden Sprinkler System 2-3N 12 Rural Court Facility Allowances Table 2-1 13

Chapter 3. Urban & Metropolitan Court Facilities 15 General 3-1 15 General 3-1 15 Standards 3-1A 15 Leased and Interim Facilities 3-1B 15 Circulation 3-1C 15 Walls and Partitions 3-1D 15 Flexibility 3-1E 15 General Construction of Building(s) 3-2 15 General 3-2A 15 Interior Fire Protection 3-2B 16 Seismic Survivability 3-2C 16 General Security Provisions 3-2D 16 Counter Terrorism Considerations 3-2E 16 Power Failure Survivability 3-2F 16 Supporting Items 3-3 16 Site Preparation 3-3A 16

Rock Excavation for Building Foundations 3-3B 16 Fine Grading and Seeing 3-3C 16 Planting and Sodding 3-3D 16 Secure Elected Officials’ Parking Areas 3-3E 17 Public and Staff Parking Areas 3-3F 17 Service and Access Aprons 3-3G 17 Security Fencing and Barriers 3-3H 17 Utilities 3-3I 18 Exterior Fire Protection 3-3J 18 Access Roads and Entrance Throats 3-3K 18 Walks 3-3L 18 Flagpole 3-3M 18 Lawn/Garden Sprinkler System 3-3N 18 Urban and Metropolitan Facility Allowances Table 3-1 19

Chapter 4. Court Satellite Facilities 23 General 4-1 23 Standards 4-1A 23 Leased and Interim Facilities 4-1B 23 Circulation 4-1C 23 Walls and Partitions 4-1D 23 Flexibility 4-1E 23 General Construction of Building(s) 4-2 23 General 4-2A 23 Interior Fire Protection 4-2B 24 Seismic Survivability 4-2C 24 General Security Provisions 4-2D 24 Counter Terrorism Considerations 4-2E 24 Power Failure Survivability 4-2F 24 Supporting Items 4-3 24 Site Preparation 4-3A 24 Rock Excavation for Building Foundations 4-3B 24 Fine Grading and Seeing 4-3C 24 Planting and Sodding 4-3D 24 Secure Elected Officials’ Parking Areas 4-3E 25 Public and Staff Parking Areas 4-3F 25 Service and Access Aprons 4-3G 25 Security Fencing and Barriers 4-3H 26 Utilities 4-3I 26 Exterior Fire Protection 4-3J 26 Access Roads and Entrance Throats 4-3K 26 Walks 4-3L 26 Flagpole 4-3M 26 Lawn/Garden Sprinkler System 4-3N 26 Satellite Facility Allowances Table 4-1 27

~Continued~ ii.

Court Facilities Criteria October, 2002

Table of Contents - Continued

Chapter 5. Supreme Court and Court of Appeals Facilities General 5-1 29 Standards 5-1A 29 Leased and Interim Facilities 5-1B 29 Circulation 5-1C 29 Walls and Partitions 5-1D 29 Flexibility 5-1E 29 General Construction of Building(s) 5-2 29 General 5-2A 29 Interior Fire Protection 5-2B 30 Seismic Survivability 5-2C 30 General Security Provisions 5-2D 30 Counter Terrorism Considerations 5-2E 30 Power Failure Survivability 5-2F 30 Supporting Items 5-3 30 Site Preparation 5-3A 30 Rock Excavation for Building Foundations 5-3B 30 Fine Grading and Seeing 5-3C 30 Planting and Sodding 5-3D 31 Secure Elected Officials’ Parking Areas 5-3E 31 Public and Staff Parking Areas 5-3F 31 Service and Access Aprons 5-3G 31 Security Fencing and Barriers 5-3H 32 Utilities 5-3I 32 Exterior Fire Protection 5-3J 32 Access Roads and Entrance Throats 5-3K 32 Walks 5-3L 32 Flagpole 5-3M 32 Lawn/Garden Sprinkler System 5-3N 32 Court of Appeals and Supreme Court Facility Allowances Table 5-1 33

Chapter 6. Leased and Interim Judicial Facilities General 6-1 37 Leased and Interim Judicial Facilities Standards 6-2 37 General 6-2A 37 Functional & Non-Functional Areas 6-2B 37 Flexibility 6-2C 37 General Security Provisions 6-2D 37 Supporting Items 6-3 37 Secure Officials’ & Staff Parking 6-3A 37 Public Parking Areas 6-3B 37 Signage 6-3C 37 Supreme Court Justice and Court Court of Appeals Judge Leased Chambers Table 6-1 37 Circuit, Family and District Court Judge Leased Chambers Table 6-2 38 Court Affiliated and Support Leased Offices Table 6-3 38

Chapter 7. Administrative Office of the Courts Facilities General 7-1 39 Standards 7-1A 39 Leased and Interim Facilities 7-1B 39 Circulation 7-1C 39 Walls and Partitions 7-1D 39 Flexibility 7-1E 39 General Construction of Building(s) 7-2 39 General 7-2A 39 Interior Fire Protection 7-2B 40 Seismic Survivability 7-2C 40 General Security Provisions 7-2D 40 Counter Terrorism Considerations 7-2E 40 Power Failure Survivability 7-2F 40 Supporting Items 7-3 40 Site Preparation 7-3A 40 Rock Excavation for Building Foundations 7-3B 40 Fine Grading and Seeing 7-3C 40 Planting and Sodding 7-3D 41 Secure Officials’ and Official Vehicle Parking Areas 7-3E 41 Staff Parking Areas 7-3F 41 Public and Visitor Parking Areas 7-3G 41 Service and Access Aprons 7-3H 42 Security Fencing and Barriers 7-3I 42 Utilities 7-3J 42 Exterior Fire Protection 7-3K 42 Access Roads and Entrance Throats 7-3L 42 Walks 7-3M 43 Flagpole 7-3N 43 Lawn/Garden Sprinkler System 7-3O 43 Administrative Office of the Courts Facility Allowances Table 7-1 44

Chapter 8 Cabinetry, Furnishings and Equipment General 8-1 47 Cabinetry, Furnishings and Equipment Allowances Table 8-1 47

Appendix A. References Appendix B. Terms and Abbreviations iii.

Court Facilities Criteria October, 2002

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Court of Justice Court Facilities Criteria May, 2007

Chapter 1. General

1-1. Purpose

This Rule of Administrative Procedure of the Commonwealth of Kentucky Court of Justice establishes allowances for activities eligible for support through Administrative Office of the Courts, either totally or in part, from Commonwealth of Kentucky funds administered by the AOC. Other Court of Justice facilities required on an infrequent basis, and for which allowances are not specifically provided here, will be established by allowances for similar facilities or will be determined on a case by case basis by the AOC General Manager of Court Facilities, with the approval of the AOC Director.

Figure 1-1 (on following page) depicts the general flow of information as it is used to form criteria.

1-2. References

Required and related publications are listed in Appendix A.

1-3. Explanation of Abbreviations and Terms

Abbreviations and special terms used in this regulation are explained in Appendix B.

1-4. Responsibilities and Authorities

A. Chief Justice: All court facilities within the Commonwealth of Kentucky are subject to the direction and control of the Chief Justice of the Supreme Court

B. AOC General Manager of Facilities: The Commonwealth of Kentucky Administrative Office of the Courts (AOC) General Manager of Court Facilities has the responsibility to provide facilities for Court of Justice activities in conjunction with Local Agencies or other government or private agencies. The AOC General Manager of Court Facilities has the authority to accept or refuse existing facilities for Court of Justice use pursuant to KRS 26A. The AOC General Manager of Court Facilities may modify authorizations contained herein for individual projects so as to meet specific facility needs.

C. Facilities-Related Matters: The Director of the AOC is responsible for all matters pertaining to Court Facilities and acts on behalf of the Chief Justice of the Supreme Court on facilities-related matters. The AOC General Manager of Court Facilities, under the direction of the AOC Director, upon determining that the facilities provided for any court, judge, clerk, or support function are inadequate, even though the facilities are located in a public building, may, after giving a reasonable opportunity for adequate facilities to be provided, direct the court, judge or clerk to cease using the same and provide other accommodation.

D. Implementation of Policy: The AOC General Manager of Court Facilities implements facility allowances in accordance with this Rule of Administrative Procedure within the state for new construction, modifications of existing AOC supported facilities and the procurement of existing facilities for AOC supported functions.

1-5. Policy

A. General: All courtrooms, judges' chambers and clerks' offices shall be located in public buildings, except that where adequate facilities are not available in public buildings or conveniently located, the AOC General Manager of Court Facilities may approve their location in some other appropriate place. Administrative Office of the Courts (AOC) policy regarding types of facilities, materials, installed equipment, and space authorizations eligible for AOC support in construction projects is as follows:

B. Court Facilities and Court Support Facilities. Only those facilities specified and space allocations in this publication are authorized for construction with AOC funds, a waiver granting an exception to these allowances can be obtained through the General Manager of Court Faciliteis, Court Facilities Standards Committee and the Director of AOC. (specific justification is required for each proposed modification). Specific design/construction policy is set forth in Court of Justice Rule of Administrative Procedure Part X. Section III, Court Facilities Design and Construction.

Court of Justice Court Facilities Criteria May, 2007

Procedure for exceptions is published in this Section II. of Rule of Administrative Procedure Part X., and Section III, Court Facilities Design and Construction.

C. Court Facilities Purpose: AOC supported court facilities provide space and provisions for the execution of Supreme, Appellate, Circuit Court, and District Court Functions, including other approved court affiliated and support functions.

D. Primary Facility Mission: The general intent and mission of the Court of Justice is to develop, provide support and maintain Court of Justice activities and facilities as the focal points of within the traditional centers of communities throughout the Commonwealth of Kentucky.

However, the Court of Justice may develop, procure or maintain facilities in non-traditional locations when it has been demonstrated to the Court of Justice that the facility does not create a conflict with the betterment of the community it serves.

E. Types of Court Facilities: The following are the four (4) types of court facilities which may be funded through AOC per KRS 26A and priority of courts.

1. County owned existing facilities.

2. County owned new facility.

3. City or other Government Agency owned facility.

4. Private owned, leased facility.

F. Classes of Court Facilities The six (6) classes of facilities, which are detailed in these Criteria and are eligible for AOC funding, are as follows.

1. Rural (one & two courtroom) Court Facilities,

2. Urban & Metropolitan Court Facilities,

3. Court Satellite Facilities,

4. Court of Appeals and Supreme Court Facilities,

5. Leased and Interim Facilities, and

6. Administrative Office of the Courts Facilities.

G. State Support.

1. To qualify for State support the materials and equipment incorporated, "built-in" must be installed in accordance with Court of Justice Rule of Administrative Procedure Part X., Section III, Court Facilities Design and Construction.

2. AOC construction projects will not exceed the standards set forth in this publication. These standards are prescribed on the basis of providing an economically functional and durable facility that has appropriate presence in the county or city that will adequately serve the Courts of Justice within the Commonwealth of Kentucky with relatively low utility and maintenance costs.

3. Approved cost overruns shall be executed in accordance with Court of Justice Rule of Administrative Procedure Part X., Section I, Construction Program Development.

H. Space and Materials Criteria.

1. Space and materials criteria referenced and established in this publication shall be considered the maximum allowable (unless otherwise indicated) for use in determining AOC contributions toward construction costs.

2. Use of full maximum allowances is permissible rather than mandatory since local conditions may warrant the construction of smaller, less expensive facilities. The criteria shall be used by the AOC General Manager of Facilities in the final determination of facility maximum size and to establish facility-related equity for judicial facilities throughout the Commonwealth of Kentucky.

Court of Justice Court Facilities Criteria May, 2007

Courtrooms

Judicial Chambers Hearing Rooms

Circuit Court Clerk Grand Jury Area

Security Areas Functional Areas Conference Areas

Pre-Trial Areas Break Areas

CDW Areas Storage Areas

Primary Facility

Public Circulation Staff Circulation

Secure Circulation Walls

Vending Areas Non-Functional Areas Partitions

Restrooms Mechanical Areas

Custodial Areas Electrical Areas

Telecom/Data Areas

Figure 1-1. Overview of Primary Facility Criteria

Court of Justice Court Facilities Criteria May, 2007

Environmental

Parking Areas Utilities

Walkways Storm Drainage

Grounds Supporting Facilities Site Preparation

Security Geotechnical

Vehicular Access Pedestrian Access

Lighting

Figure 1-2. Overview of Supporting Facilities Criteria

Primary Facility Criteria Supporting Facilities

Figure 1-3. Criteria Overview.

Court of Justice Court Facilities Criteria May, 2007

I. Deviation from Criteria Allowances.

Deviation from criteria allowances established by this Rule of Administrative Procedure may be authorized by the AOC General Manager of Court Facilities, as an “Exception to Criteria” provided one or more of the following conditions can be met through detailed analysis and documentation, which includes but is not limited to:

1. The AOC cost of construction is not increased by the deviation from the standard;

and,

2. Items that exceed stated criteria have been approved by the AOC General Manager of Court Facilities or the Court Facilities Standards Committee as "Exceptions to Criteria" in the program documents, or

3. Areas, which are included in, predominate AOC constructed facilities but are funded with non-AOC funds must comply with this publication and must be specifically addressed in a Memorandum of understanding (MOU) as a non-AOC supported portion of the facility.

J. State Project Funding Participation:

1. Local-Owned Facilities: 100% of AOC-required construction, less items, which are not supported with AOC, funds for local owned (or local leased) facilities.

2. Real Estate: As part of a construction program, as detailed in the Construction Program Documents in accordance with Rule of Administrative Procedure of the Court of Justice Part X., Section I, Construction Program Development. Real Estate, may be procured as part of the legislative approved project. Commonwealth of Kentucky participation in the purchase of real estate is limited to its proportion of the facility multiplied by the appraised property value conduced by an Appraisal Institute certified MAI appraiser.

K. Items, Which Are Not, Supported With AOC Funds for Local-Owned Facilities.

1. Real estate.

a. Any real estate purchase costs above an Appraisal Institute certified MAI appraiser’s appraisal.

b. Any real estate purchase costs exceeding the percent of court of Justice occupancy times the Appraisal Institute certified MAI appraiser’s appraisal.

c. Any real estate owned by the owner (Local Agency) prior to execution of the Memorandum of Understanding for a proposed construction program, unless an agreement has been executed between the Court of Justice and the Local Agency for the purchase of the real estate. See Rule of Administrative Procedure of the Court of Justice Part X.

Section I. Construction Program Development, Chapter 12. Site Procurement.

d. Sites for the construction of court facilities already owned or to be purchased or leased by local agency or government. This does not, however, preclude the construction of new court facilities or the rehabilitation of existing buildings on state owned land licensed to the local controlling agency for courts use. If outstanding debts exists on a Court of Justice AOC General Manager of Court Facilities approved and appropriate site, the portion owed may be applied to the project cost.

2. Environmental. Removal of any and all contaminated materials or wastes from the site to include mandatory testing to verify the absence of any and all contaminants, to include underground storage tanks, from the proposed site. The owner of the site must provide a certification of clean site. Funding for site environmental items shall not exceed funded and budgeted scopes unless such overrun is approved and executed in accordance with Rule of Administrative Procedure of the Court of Justic Part X., Section I, Construction Program

3. Razing of Existing Structures to afford room for a new facility or addition to an existing facility, to include removal of debris from the site. Funding of demolition shall not exceed funded and budgeted scopes executed in accordance with Rule of Administrative Procedure of the Court of Justice Part X., Section I, Construction Program Development.

Court of Justice Court Facilities Criteria May, 2007

4. Excavation, Storm Drainage and Utilities The local agency and/or government shall provide funds for (or shall provide) excavation for the facility, storm drainage, and utilities to the proposed facility for work above and beyond the funded and budgeted scope for such items executed in accordance with Court of Justice Rule of Administrative Procedure Part X., Section I, Construction Program Development Guide.

5. Generators and Power Plants are not supportable with Commonwealth of Kentucky funds unless approved as an “Exception to Criteria” as discussed in the following paragraph.

6. Exceptions to Criteria

a. Additional or higher quality space or materials, equipment or features of higher quality than stipulated in this publication or the Rule of Administrative Procedure Part X. Section III. Court Facilities Design Guide shall not be supported with state funds unless approval of such items has been obtained from the AOC General Manager of Court Facilities, the Court Facilities Standard Committee, and/or the Capital Construction Oversight Committee prior to Construction Contract award. The proponent of the change in project scope is responsible for presenting such proposals to the committees for approval.

b. However, local funds may be used for additional or higher quality space or materials, equipment or features of higher quality than stipulated. If such features increase operation and maintenance costs, the local agency shall support the increases with non-AOC funds.

c. Proposed increases for construction costs, which are not the result of an approved “Exception to Criteria” but are above and beyond the approved funding and budget, may only be approved by the Legislative Branch of Government as detailed in Court of Justice Rule of Administrative Procedure Part X., Section I, Construction Program Development.

L. Basis for Construction.

1. Allowances established herein will be used as the basis for construction of new facilities and for modification, rehabilitation, or expansion of existing facilities. Changes, exceptions, or additional features will be considered only when essential to facility operation.

2. Modification or rehabilitation of an existing structure is authorized when the building is structurally sound and suitable, the cost of modification is substantially less than the total project cost of new construction, and estimated maintenance and utility costs are not excessive. Each proposal for modification of an existing structure will be supported by a feasibility study. The final decision whether or not to modify or rehabilitate an existing structure rests with the AOC General Manager of Facilities.

3. The AOC General Manager of Court Facilities shall evaluate any existing structure, prior to developing a proposed modification or rehabilitation project, to determine if the structure can provide sufficient space to substantially meet the criteria defined in this Rule of Administrative Procedure.

Substantial compliance for existing facilities is a minimum of 80% of required space as defined in this Rule of Administrative Procedure.

M. Basis for Project Scope The Administrative Office of the Courts provides staffing data, based on projected workloads, for determining Project Scope. This data is based on U.S. Census Bureau demographics and caseload statistics.

Each facility shall be sized to support the anticipated volume of workload no less than ten

(10) years in the future. It is preferred that the scope reflects the workload at least 20-years into the future. The project shall provide space and/or consideration for future expansions and/or modifications for workloads 30-years into the future.

Court of Justice Court Facilities Criteria May, 2007

N. Facility Design and Construction: The Project Development Board, acting as the Owner and the Court of Justice, with the oversight of the Administrative Office of the Courts General Manager of Court Facilities shall procure and manage all contracts, contracted services, and materials required for the construction of State-funded facilities in accordance with Court of Justice Rule of Administrative Procedure Part X., Section I, Construction Program Development and Rule of Administrative Procedure Part X., Section III, Court Facilities Design and Construction.

O. Facility Usage for Local Owned Facilities (or portions of facilities) constructed with state funds shall be used only for Court of Justice-supported activities. In the event that the local owning agency elects to occupy or use space constructed for Court of Justice activities for non-Court of Justice activities, the local facility owning agency shall reimburse the Commonwealth of Kentucky for the replacement cost of construction of that portion of the facility, plus the relating share (that percent of functional area) of factored items and supporting facilities.

This policy shall remain in effect until any and all capitalized construction costs of facility are paid in full.

P. Facility Operations, Maintenance and Repair: The facility “Owner” (Local Agency) shall manage and execute facility operations, maintenance and repair activities in accordance with current Memorandum of Understanding proportionate with AOC facility occupancy in accordance with KRS 26A and Court of Justice Rule of Administrative Procedure Part X., Real Property Management.

1-6. Facility Size Determination Data

A. General: The following describes the data required for using this publication to determine the authorized size and scope of a facility. The format detailed in Court of Justice Rule of Administrative Procedure Part X., Section I, Construction Program Development shall be used in the assembly of required data:

B. Needs Assessment: In accordance with Section I titled Court of Justice Rule of Administrative Procedure Part X., Section I, Construction Program Development the “Needs Assessment” projects staffing requirements based on estimated caseloads. The AOC executes the “Needs Assessment”, county-by-county, based on U.S. Census Bureau data and projections and Court of Justice historical caseload data. Caseloads are considered an average of the number of filings and closing in a given county. The maximum number of projected cases is determined by applying the growth of cases over the last twenty years times the estimated population demographics for a given year. The minimum number of cases assumes that the caseload shall remain constant in proportion to estimated population demographics for a given year. The Needs Assessment is then based on the average or mean of the Maximum and Minimum caseload projections. The needs assessment shall determine:

1. Current Staffing,

2. Required staffing ten (10) years into the future,

3. Estimated required staffing 20 years into the future,

4. Required staffing for proposed construction (at least ten (10) years into the future) for renovations.

C. Site Data:

1. Identify suitable and available potential facility site(s),

2. Obtain appraisal of site(s) from an

Appraisal Institute certified MAI appraiser,

3. Determine size of site(s) in acres,

4. Dimensions of site(s) in Lineal Feet,

5. Evaluate site(s) for required structural fill, retaining walls, etc.,

6. State if site(s) is currently owned or must be purchased.

7. Are demolition activities required at the site(s), and

8. Are Environmental remediation activities required for the site(s).

Court of Justice Court Facilities Criteria May, 2007

D. Utility Data:

1. Distance to and availability of Electrical

Service(s) at the site(s),

2. Distance to and availability of Domestic Water Service at the site(s),

3. Distance to, sizes of and availability of

Fire Hydrants at the site(s),

4. Distance to and availability of Sanitary Sewer Service at the site(s),

5. Distance to and nature of available Storm

Sewer Service at the site(s),

6. Distance to and availability of Natural Gas Service at the site(s), and

7. Distance to and availability of required

Telecommunications Service at the site(s).

Court of Justice Court Facilities Criteria May, 2007

Chapter 2. Rural Court Facilities

2-1. General

A. Standards: This chapter establishes the space allowances for Rural Court Facilities where the average number of filings and closings are less than 7,000 cases per year.

The determination of actual and projected numbers of filings and closings is executed by the Administrative Office of the Courts (AOC).

Rural Court facilities which have the requirement for two (2) Judges are authorized one (1) Jury Trial Courtroom. Rural Court facilities, which have the requirement for three (3) Judges are, authorized two (2) Jury Trial Courtrooms.

Environmental protection features required by federal, state, and local codes and regulation will be incorporated into the construction design.

B. Leased & Interim Facilities: Refer to Chapter 6 Leased Judicial Facilities as verified and approved by the AOC General Manager of Court Facilities.

C. Circulation: The total net floor area may be increased by 22.5 percent for single floor facilities and 30 percent for multiple-story facilities for inter-functional circulation space such as corridors, staircases, entrances and lobby as required for a well planned functional layout.

D. Walls and Partitions: The total floor area, which includes all functional space allowances and interfunctional circulation, may be increased by 12 percent to provide for interior and exterior walls and partitions.

E. Flexibility:

1. Space allowances for any authorized functional area may be increased or decreased by up to 15 percent, provided that the total allowable functional net area is not increased thereby in order to provide the necessary off-setting reduction for these space increases for any functional area.

2. The total allowable functional net area may be decreased by no greater than 10 percent.

3. Any increase or decrease of an allowable functional area greater than 15 percent of a functional area shall be considered an “Exception to Criteria”. See Paragraph 1-4J(6).

4. Removal of Functional Areas: The AOC General Manager of Court Facilities or the Project Development Board, with concurrence of the AOC General Manager of Court Facilities may remove functional areas from the proposed facility.

5. When functional areas are completely removed from a facility, however, the total allowable floor space must be reduced by a like amount.

2-2. General Construction of Building(s)

A. General:

1. The building will be constructed of materials rated as non-combustible. The exterior walls may be brick or stone with concrete masonry unit backup or other suitable systems.

2. The roofing system shall be rated to last at least 30-years.

3. The floor normally will be concrete with a non-concrete finished surface, except for service areas with floor loads detailed in Court of Justice Rule of Administrative Procedure Part X., Section III, Court Facilities Design and Construction.

4. Air conditioning for programming purposes should be estimated by determining total floor area authorized for cooling divided by 300 SF per ton.

5. The general construction of building(s) shall be governed by Court of Justice Rule of Administrative Procedure Part X., Section III, Court Facilities Design and Construction.

Court of Justice Court Facilities Criteria May, 2007

6. The authorization of final design must be granted by the Chief Justice of the Supreme Court as detailed in Court of Justice Rule of Administrative Procedure Part X., Section I, Construction Program

B. Interior Fire Protection: All new, renovationed, adapted, and expanded Court of Justice facilities shall have installed a fire suppression sprinkler system with a centralized control and local and remote (at the local fire response agency) alarms.

C. Seismic Survivability: The building shall be designed and constructed for the seismic zone as required by the current edition of the Kentucky Building Code, and applicable local, state and federal codes.

D. General Security Provisions: The AOC General Manager of Facilities, or his or her designee, shall determine the level of security provisions to be installed or provided for Court of Justice used facilities. Courts facilities shall have incorporated security measures, which includes, but are not limited to; area access limitation systems, internal communication systems, intrusion alert systems and closed circuit video monitoring/recording systems. Other provisions may include perimeter intrusion detection system, area isolation systems, ballistic resistant windows, and judicial benches.

E. Counter Terrorism Considerations: The AOC General Manager of Facilities, or his or her designee, shall determine the level of counter terrorism provisions to be installed or provided for Court of Justice used facilities. However, as a minimum and to the greatest reasonable extent, buildings shall be designed and constructed so as to minimize potential damage due to explosive devices, entrances shall not allow vehicular access, approaches shall not be of sufficient length for vehicles to achieve barrier breaching speeds. No public or non-security screened staff parking is allowed under primary facility areas. Other counter terrorism provisions may be determined necessary by the AOC Facilities General Manager and therefore incorporated in or near the facility.

F. Power Failure Survivability: The facility shall have exterior provisions for an external generator/power plant to provide electrical power. State support for generators and power plants is not authorized unless specifically authorized by the AOC General Manager of

Facilities. As a minimum these provisions shall include, within a secure or securable area, a concrete pad, sized to accept a generator/power plant with above ground fuel tank of sufficient size, and a securable external hookup to the facility’s electrical system.

2-3. Supporting Items

Authorized exterior items (supporting facilities) for projects include but are not limited to:

A. Site Preparation: This work includes the clearing and grubbing, stripping and stockpiling topsoil, excavation, embankment, and rough grading operations that are required to develop the project site to subgrade levels and elevations for proper sitting and drainage of facilitates (including culverts, head walls, retaining walls, etc.).

B. Rock Excavation for Building Foundations: Consideration of this type excavation is required if rock conditions are prevalent within a five (5) mile radius of the proposed construction site(s) as determined if the required geotechnical survey. Unit costs for additional or unanticipated mass and trench rock excavation shall be included as part of all construction bid and contract documents.

C. Fine Grading and Seeding: The area within the limits of construction (established by the minimum amount of excavation and embankment work required at the site), for which the existing surface cover has been destroyed or covered, may be fine graded and seeded to provide proper site drainage and control of erosion.

D. Planting and Sodding. Subject to the approval of the AOC General Manager of Facilities this will be included as an integral part of the planning of the project. Court of Justice participation for planting trees, shrubs, and vines at facilities (exclusive of grading and seeding or sprigging and sodding for erosion control) will not exceed 1 percent (1%) of the AOC share of the basic building cost. The minimum following areas shall be sodded:

1. All lawn areas in front of buildings.

2. Adjacent to structures, minimum of six feet (6’-0”).

Court of Justice Court Facilities Criteria May, 2007

3. Adjacent to paved areas (including sidewalks), minimum of six feet (6’-0”).

4. All slopes with grades greater than 3:1.

5. All areas with the potential for severe erosion.

E. Secure Elected Officials’ Vehicle Parking Area.

1. Secure parking, which is ADA compliant, is authorized for 100 percent of all vehicles, equipment, etc.

2. The parking area(s) shall be securely positioned so as to afford the greatest practical convenience to facility staff entrance(s).

3. This parking area may be combined with staff parking area(s), but shall remain a secure area with controlled access.

4. Vehicles within this parking area shall not be observable from the street level.

5. Off street parking area pavement will be designed and constructed based on the best engineering standards. For programming purposes, rigid pavement will be a minimum of six inches (6”) of reinforced concrete and flexible pavement shall be two inches (2”) of base layer and two inches (2”) of finish layer. Both rigid and flexible pavements shall be installed over at least six inches of compacted crushed stone. Geotechnical fabrics are authorized. Adequate drainage for paved area is required.

6. The parking area shall have 24’ isles and 18’ x 9’ parking spaces.

7. Rigid concrete curbs may be installed around parking pavement edges.

F. Public and Staff Parking Areas.

1. It is assumed that public transportation is not available for rural facilities, therefore the parking area size shall provide parking for 100% of authorized staff, 75 percent of the facility’s maximum public usage or be determined by the Facilities General Manager due to site availability to construct reasonable parking.

2. The parking areas shall be positioned so as to afford the greatest practical convenience to respective (public or staff) facility entrances.

3. Off street parking area pavement will be engineering standards. For programming purposes, rigid pavement will be a minimum of six inches (6”) of reinforced concrete and flexible pavement shall be two inches (2”) of base layer and two inches (2”) of finish layer. Both rigid and flexible pavements shall have be installed over at least six inches (6”) of compacted dense grade crushed stone over six inches (6”) of compacted course grade crushed stone. Geotechnical fabrics are authorized. Adequate drainage for paved area is required.

4. The parking area shall have 24’ isles

5. Rigid concrete curbs may be installed

G. Service and Access Aprons.

1. Paved aprons shall be provided adjacent to loading docks and dumpsters.

2. For programming purposes, a minimum of 60 lineal feet per foot of width of the loading docks and 30 lineal feet for dumpsters.

3. For programming purposes, rigid pavement will be a minimum of eight inches (8”) of reinforced concrete. Rigid pavements shall be installed over at least six inches (6”) of compacted dense grade crushed stone over six inches (6”) of compacted course grade crushed stone. Geotechnical fabrics

H. Security Fencing and Barriers. A security-type fence constructed with materials consistent with the design and appearance of the building may be included in the project. This fence should be no less than 8-FT in height, should act as a visual barrier and have anti-climber provisions for Official and Staff Vehicle Parking Areas. Generally, the fence should be tied to the building(s) in order to provide the most economical enclosure of the protected area. The fencing shall be located at least five feet (5’-0”) from the edge of the parking pavement.

Court of Justice Court Facilities Criteria May, 2007

I. Utilities.

1. All building utility service connections should be underground.

2. The length of service for each utility is limited to the distance of the shortest run or most appropriate approach from the building to the property line adjacent to the public right-of-way.

3. Direct-burial cable for telephone and electric service connections, plus conduit where the service connection must pass under a paved area, is authorized.

4. Court of Justice funding, support and participation for utilities shall not include any installation or upgrade of local distribution systems or sanitary sewage treatment system.

J. Exterior Fire Protection: Consideration will be given to the size of the structure, the type of construction, and the exposure to fire hazard that it creates for or receives from nearby buildings. Except in cases of conflict with State requirements, exterior fire protection should be excavated. Where the facility is to be built in a community served by municipal or private water systems and fire fighting forces, fire hydrants and a water main may be provided to ensure that two fire hydrants (including existing) are within 100-FT of the building. Extension of water mains for fire protection is limited to the shortest length from the existing main required to locate the hydrants within 100-FT, but not less than 50-FT of the building with no more than 100-FT of pipe located outside the project property.

K. Access Road(s) and Entrance Throats:

The exact amount and type of pavement will be determined at the preliminary design review by AOC General Manager of Facilities based on an economical and practical site facility layout. For programming purposes the following criteria shall be used:

1. The primary entrance/access road is authorized a width of no less than 24-FT.

2. Other access roads (for official and staff parking areas) should not exceed 24-FT in width.

3. Access roads and entrance throats shall be eight inches (8”) of reinforced concrete installed over at least six (6”) of compacted dense grade crushed stone over six inches (6”) of compacted course grade crushed stone. Geotechnical fabrics are authorized.

Adequate drainage for paved area is required.

4. Rigid concrete curbs may be installed on pavement edges.

L. Walks: A system of walks, for programming purposes, is generally limited to paved walkways by site layout. The exact amount of pavement will be determined at the preliminary design review by AOC based on an economical and practical site facility layout, site compliance with A.D.A. requirements.

M. Flagpole. Three (3) ground-set aluminum flagpoles with a maximum height of 30-FT shall be provided.

N. Lawn/Garden Sprinkler System An efficient lawn/garden sprinkler system is authorized for court facilities grounds and gardens, if authorized by the AOC General Manager of Facilities.

Court of Justice Court Facilities Criteria May, 2007

Table 2-1. Rural Court Facility Allowances

Functional Area Allowance

1. Jury Trial Courtroom Courtroom Litigation Area 1,450 SF Courtroom Spectator Area 950 SF Vestibule 100 SF Public Waiting Area 400 SF Add for Second Jury Courtroom 200 SF Jury Deliberation/Grand Jury Area 400 SF Add for Second Jury Courtroom 200 SF Jury Coffee Service Area 50 SF Jury Male Restroom 64 SF Jury Female Restroom 64 SF Witness/Victim Area #1 120 SF Witness/Victim Area #2 120 SF Add for Second Jury Courtroom 120 SF Attorney/Client Area #1 120 SF Attorney/Client Area #2 120 SF Add for Second Jury Courtroom 120 SF Prisoner Holding Cells (2 Cells) 160 SF Add for Second Jury Courtroom (1 Cell) 80 SF Trial Storage Area per Courtroom 80 SF Audio/Visual Equip Storage Area 80 SF

2. Non-Jury Trial Courtroom/Formal Hearing Room Courtroom Litigation Area 700 SF Courtroom Spectator Area 300 SF Vestibule 100 SF Public Waiting Area 300 SF Conference/Segregated Public Waiting Room 200 SF Juvenile/Child Waiting Room 200 SF Child Waiting Area Restroom 48 SF Child Waiting Area Observation Room 50 SF Attorney/Client Areas 120 SF Prosecutor's Areas 120 SF Trial Storage Area 70 SF Audio/Visual Equipment Area 60 SF

3. Grand Jury Areas Grand Jury Room 350 SF Male/Female Restroom 64 SF Reception/Waiting Area (may be combined with 175 SF Judge’s Chambers Waiting Area)

4. Judge's Chambers 1/ Judge's Office 250 SF Judge's Toilet 64 SF Conference/Hearing Room (Per Judge) 175 SF Law Clerks 150 SF Court Administrator 120 SF Court Reporter/Staff 100 SF Court Secretary (Per Secretary) 120 SF Court Social Worker 120 SF Files Area 60 SF Add for third Judge 40 SF Waiting Area (Per Judge) 100 SF Storage (per Judge) 20 SF

5. Appellate Panel Suite (SEE: Urban & Metro Court Facility)

5. Conference/Resource Room Conference/Work Area 250 SF Add for Second Jury Courtroom 50 SF

6. Prisoner Handling Facilities Group Holding Cell 120 SF Individual Holding Cell 100 SF Entrance/Security Vestibule 75 SF Staging and Preparation Area 75 SF Interview Areas - Basic 100 SF Add for Second Jury Courtroom 100 SF Vehicular Sallyport 600 SF Storage 30 SF

7. Circuit Court Clerk Areas Circuit Clerk Office 250 SF Circuit Clerk Restroom 64 SF Supervisor/Book Keeper Areas 1/ 150 SF Clerk Staff Workstations - Basic 200 SF Staff Workstations - Add per Staff member 80 SF Permanent Counter Area - Basic 50 SF Permanent Counter Area - Add 1/ 10 SF Public Queuing & Waiting - Basic 200 SF Public Queuing & Waiting - Add 1/ 20 SF Cashier 50 SF Driver's License Area 120 SF Records Review Area 75 SF Active Records Storage - Basic 300 SF Active Records Storage - Add 2/ 75 SF Inactive Records Storage - Basic 250 SF Inactive Records Storage - Add 2/ 75 SF Archive Records Storage 250 SF Evidence Storage 150 SF Add for Second Jury Courtroom 50 SF Copy/FAX/Mail 60 SF Conference/Training Room - Basic 120 SF Conference/Training Room - Add 1/ 10 SF Staff Lounge Area 180 SF Male Staff Restroom 64 SF Female Staff Restroom 64 SF Multipurpose/Work/Meeting Room 250 SF Office Storage Area 50 SF

8. Court Affiliated & Support Offices Pretrial Services Supervisor/Professional Staff 150 SF Staff/Secretary/Receptionist 120 SF Secure Commo.& Information Facility (SCIF) 3/ 80 SF Conference (may be shared Area) 200 SF Public Waiting Area (may be shared Area) 75 SF File Area (Each office) 50 SF Office Storage Area (Each office) 20 SF

Notes:

1/ Per required position.

2/ Per required courtroom and hearing room.

3/ If required by General Manager of Pretrial Services.

~ continued ~

Court of Justice Court Facilities Criteria May, 2007

Table 2-1. Rural Court Facility Allowances - Continued

CDW

Supervisor/Professional Staff 150 SF Staff/Secretary/Receptionist 120 SF Conference (may be shared Area) 200 SF Public Waiting Area (may be shared Area) 75 SF File Area 40 SF Office Storage Area 20 SF

Drug Court Supervisor/Professional Staff 150 SF Staff/Secretary/Receptionist 120 SF Conference (may be shared Area) 200 SF Public Waiting Area (may be shared Area) 75 SF Sampling Rest Room 75 SF File Area 40 SF Office Storage Area 20 SF

All other Court Affiliated and Support Offices Manager/Professional Staff 120 SF Staff/Secretary/Receptionist 150 SF Conference (may be shared Area) 200 SF Public Waiting Area (may be shared Area) 75 SF File Area (Each office) 50 SF Office Storage Area (Each office) 40 SF

9. Facility Support Areas Security Monitoring Area 120 SF Security/Bailiff Break/Training Room 150 SF Flammable Materials Storage 20 SF Hazardous Materials Storage 20 SF

10. Public Areas Building Entrance/Security Screening 500 SF Men's Public Restrooms 550 SF Add for third floor 150 SF Women's Public Restrooms 560 SF Add for third floor 150 SF Vending Lounge/Public Telephones 60 SF

11. Factored Areas (Net Functional times %) Mechanical/Electrical/ADP/Telecom 6.0 % Circulation - Single Floor Building 22.5 % Circulation - Multiple Floor Building 30.0 % Walls and Partitions 12.0 % Facilities Maintenance & Storage. 4.0 %

12. Security & Fire Suppression Security & Intrusion Detection Systems whole building Fire Detection & Suppression Systems whole building

Notes:

1/ Per required position.

2/ Per required courtroom and hearing room.

Court of Justice Court Facilities Criteria May, 2007

Chapter 3. Urban and Metropolitan Court Facilities

3-1. General space allowances for Urban and Metropolitan Court Facilities where the average of filings and closings are greater than 7,000 cases per year.

The Administrative Office of the Courts (AOC) executes the determination of actual and projected numbers of filings and closings.

Environmental protection features required by federal, state, and local codes and regulation will be incorporated into the construction design.

B. Leased & Interim Facilities: Refer to Chapter 6 Leased Judicial Facilities as verified and approved by the AOC General Manager of Court Facilities.

C. Circulation: The total net floor area may be increased by 22.5 percent for single floor facilities and 30 percent for multiple-story facilities for interfunctional circulation space such as corridors, staircases, entrances and lobby as required for a well planned functional layout.

D. Walls and Partitions: The total floor area, which includes all functional space allowances and interfunctional circulation, may be increased by 12 percent to provide for interior and exterior walls and partitions.

E. Flexibility:

1. Space allowances for any authorized functional area may be increased or decreased by up to 15 percent, provided that the total allowable functional net area is not increased thereby in order to provide the percent of a functional area shall be

General Manager of Facilities or the Project Development Board, with concurrence of the AOC General Manager of Facilities may remove functional areas from the proposed

3-2. General Construction of Building(s) exterior walls may be brick or stone with

3. The floor normally will be concrete with a non-concrete finished surface, except for service areas with floor loads detailed in Court of Justice Rule of Administrative

III, Court Facilities Design and Construction.

6. The authorization of final design must be granted by the Chief Justice of the Supreme Court as detailed in Court of Justice Rule of Administrative Procedure Part

Court of Justice Court Facilities Criteria May, 2007

B. Interior Fire Protection: All new, renovationed, adapted, and expanded Court of Justice facilities shall have installed a fire suppression sprinkler system…

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