of the completion of
the construction, erection, and installation of the facility on the
site, and the school district shall not occupy or use the facility
until the independent third party makes a final determination that
the facility is in compliance with all provisions of this section.
For a manufactured portable, modular building that is an industrialized
building as defined by the Texas Occupations Code, §1202.003,
the factory inspection performed under the oversight of the Texas
Department of Licensing and Regulation shall suffice to determine
compliance of the building envelope with the mandatory building codes
or approved designs, plans, and specifications in lieu of an inspection
by an independent third party for a portable, modular building constructed
on or after January 1, 1986; however, an inspection of the construction
of the foundation system and the erection and installation of the
portable, modular building on the foundation shall still be performed.
(C) A qualified, independent third party inspector
is a person who maintains, as a minimum, a current certification from
the ICC as a combination commercial inspector and commercial energy
inspector.
(D) A school district that has purchased or leased
a portable, modular building for use as a school facility on or after
September 1, 2007, and before the effective date of this section,
shall have the inspections required by this subsection performed within
60 days of the effective date of this section; any items of noncompliance
identified during the inspections shall be brought into compliance
by the school district within 90 days of the date of the inspections.
(4) Other provisions.
(A) For school facilities projects subject to these
standards, an adequate technology, electrical, and communications
infrastructure shall be provided. To ensure the adequacy of the infrastructure,
the school district and the architect or engineer shall seek the input
of the school district staff, including, but not limited to, the technology
director, the library director, the program directors, the maintenance
director, and the campus staff, in the planning and design of the
infrastructure.
(B) As part of their school facilities projects, school
districts should consider the use of designs, methods, and materials
that will reduce the potential for indoor air quality problems. School
districts should consult with a qualified indoor air quality specialist
during the design process to ensure that the potential for indoor
air quality problems after construction and occupancy of a facility
is minimized. School districts should use the voluntary indoor air
quality guidelines adopted by the Texas Department of State Health
Services under the Texas Health and Safety Code, Chapter 385. School
districts should also use the "Indoor Air Quality Tools for Schools"
program administered by the U.S. Environmental Protection Agency.
(C) As part of their school facilities projects, school
districts should consider the use of sustainable school designs. A
sustainable design is a design that minimizes a facility's impact
on the environment through energy and resource efficiency.
(D) School district facilities shall comply with the
"Texas Accessibility Standards" as promulgated under the Texas Government
Code, Chapter 469, Elimination of Architectural Barriers, as prepared
and administered by the Texas Department of Licensing and Regulation.
(E) School district facilities shall comply with the
provisions of the Americans with Disabilities Act of 1990 (Title I
and Title II).
(F) School district facilities shall comply with all
other local, state, and federal requirements as applicable.
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Source Note: The provisions of this §61.1036 adopted to be effective June 9, 2003, 28 TexReg 4420; amended to be effective September 24, 2008, 33 TexReg 8001; amended to be effective October 12, 2021, 46 TexReg 6915 |