The following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise:

"Administrator" means the Administrator of the Division of Capital Assets Management.

"Agency" means any state agency, board, commission or public trust having the State of Oklahoma as a beneficiary.

"Boat Storage" means a boat slip or dry dock storage.

"Director" or "Director of Real Estate and Leasing Services" means the person designated by the Director of the Office of Management and Enterprise Services to formulate, enter into, or administer contracts for real property or make written determinations and findings with respect to them and to carry out the duties of the Office relating to real property transactions and the inventory of real property.

"Division" means the Division of Capital Assets Management of the Office of Management and Enterprise Services.

"Full time employee (FTE)" means permanent state employees.

"Hangar" means a structure used for housing aircraft.

"Laboratory" means a part of a building, or other place, equipped to conduct scientific experiments, tests, investigations et cetera.

"Maintenance" means the repair or preventative up-keep of equipment, machinery, property, and building features or fixtures.

"Motor Pool" means a facility used to keep, maintain and services vehicles owned by the Division and state agencies.

"Net usable square feet" means the space in non-state owned facilities for which the State shall pay a square foot rate.

1. (A) If the space is on a single tenancy floor or building, computing the inside gross area of the space by measuring from the normal inside finish of the permanent exterior walls, or from the face of the convector (pipes or other wall-hung fixtures) if the convector occupies at least 50% of the length of the walls.
2. (B) If the space is on a multiple tenancy floor, measure from the exterior building walls as above (#A) and to the room side finish of the fixed corridor and shaft walls and/or the center of tenant-separating partitions.

3. (C) In all measurements, make no deductions for the columns and projections enclosing the structural elements of the building; and deduct from the gross area the following, including enclosing walls:

   1. (i) Toilets and lounges;
   2. (ii) Stairwells and bearing partitions;
   3. (iii) Elevator and escalator shafts;
   4. (iv) Building equipment and service areas;
   5. (v) Entrance and all elevator lobbies;
   6. (vi) Stacks and shafts; and
   7. (vii) Fixed or common use corridors
4. (D) Common-Area space accessible to and/or utilized by entities other than the State is not included as net usable square feet.
5. (E) If restrooms are available in a common area of a multiple tenant building, those restrooms within the state's leased space which are for the state's exclusive use, shall be included as net usable square feet.
6. (F) When the only accessible restroom facilities in a building are within the state's leased space, one set of restrooms and their enclosing walls shall be deducted from the net usable square feet.

"Office" means structures or space for the regular transaction of business used primarily as work areas for personnel, conference areas, reception areas, hearing rooms, drafting areas, etc. Minor storage areas, such as storage of miscellaneous supplies or stationary and file cabinet space within a private office or adjacent to clerical personnel are also included in "office" space.

"Personnel" means the peak number of persons to be located in the space, including permanent employees of the agency, temporaries, contractual employees and budgeted vacancies.

"Print Shop" means a structure or space were the primary function is publication or printing.

"Real Estate and Leasing forms" means forms and documents the Director of Real Estate and Leasing Services approves for real property transactions and for providing information to the Office of Management and Enterprise Services.

"Real Property" means land, and generally whatever is erected growing upon or affixed to land; also rights issuing out of, annexed to, and exercising in or about land.

"Real Property Inventory" means a comprehensive list of property submitted by the state agencies, boards, commissions, and public trusts listing all real property owned, the value of the property and any underutilized property.

"Rental Rate Ceiling" means the net usable square foot rate established by the Office of Management and Enterprise Services as the maximum rental consideration to be made for non-state owned facilities. The ceiling is not the standard rate; it is the maximum rate an agency may pay for leased space without authorization from the Director of Real Estate and Leasing Services allowing the agency to exceed the rental rate ceiling.

1. (A) On full service leases, which include all utilities except telephones, 5 day per week janitorial services and supplies, and general parking, the rental rate shall not exceed the ceiling rate.
2. (B) On net leases, which exclude utilities and/or 5 day per week janitorial services or general parking, the rate shall not exceed the ceiling rate when rent related expenses are added to the base rate (i.e. utilities except telephones, 5 day per week janitorial, parking, etc.).
3. (C) If a lease rate does not include all or part of the utility expenses, documentation of the most recent 12 month period in which the space was occupied may be utilized to estimate what the total rent related expenses will be to the agency. The historical utility expenses or estimated utility expenses shall be considered in rental negotiations and by the Office of Management and Enterprise Services in evaluation/authorization of the lease.
4. (D) On those full service or net leases wherein the janitorial services will be provided less than five days per week (either at the Lessor or state's expense), the Office of Management and Enterprise Services will provide the agency with the acceptable rental rate.

"State-owned properties" means all property lawfully appropriated by the state to its own use; all property dedicated to the state and all property which there is no other owner.

"State owned space" means space in structures on state-owned properties.

"State space standards" means the standard guidelines for the determination of an agency's space needs in all real property leased, purchased or lease-purchased by the State.

"Storage" means a structure or area used primarily for storing items such as furniture, fixtures, equipment and inactive files. Desk space for staff located within larger storage areas is also included in "storage" space.

"Tower" means a structure used for supporting some type of antenna or communication devise. A tower may be self-supporting or guyed and may be an independent structure or part of a larger structure.

Added at 31 Ok Reg 1502, eff 9-12-14