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TITLE 19EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 61SCHOOL DISTRICTS
SUBCHAPTER CCCOMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES
RULE §61.1040School Facilities Standards for Construction on or after November 1, 2021
Texas Register

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings.

  (1) Adjusted maximum instructional capacity--The maximum number of students who can be served at an instructional facility at any point in time as adjusted from the maximum instructional capacity based on the implementation of innovative instructional or operational practices.

  (2) Architect--A person registered as an architect under Texas Occupations Code (TOC), Chapter 1051, and responsible for compliance with the architectural design requirements of TOC, Chapter 1051.

  (3) Authority having jurisdiction--A state, local, or other regional department or an individual such as a fire marshal, building official, electrical inspector, or other individuals having statutory authority or authority assigned contractually by the school district to enforce specified building codes in accordance with subsection (j) of this section.

  (4) Capital improvement project--Any school facility project consisting of new construction, major renovation, or minor renovation for which construction services are procured under Texas Government Code (TGC), Chapter 2269, in accordance with Texas Education Code (TEC), §44.031(a)(5).

  (5) Contractor--A sole proprietorship, partnership, corporation, or other legal entity that:

    (A) provides construction services and assumes the risk for constructing, rehabilitating, altering, or repairing all or part of a school facility at the contracted price;

    (B) serves as the general contractor as defined in TGC, Chapter 2269;

    (C) serves as a construction manager-at-risk as defined in TGC, Chapter 2269, Subchapter F;

    (D) serves as a construction manager agent as defined in TGC, Chapter 2269, Subchapter E; or

    (E) serves as a prime subcontractor for a project where the school district has contracted with a construction manager agent.

  (6) Design guidelines or standards--A written document comprised of standardized information developed by the school district, possibly in partnership with consultants, often adopted by a school district board of trustees and provided to the design professional of record for reference on capital improvement projects. It includes, but is not limited to:

    (A) the instructional programs, grade configuration, and types of facilities in the school district;

    (B) a schedule of the estimated number and approximate size of all instructional and support spaces included in each facility and extracurricular activities;

    (C) provisions for outdoor instruction;

    (D) adjacencies diagram(s) defining relationships between functions at the facilities; and

    (E) technical standards related to functional requirements, systems, manufacturers, products, and finishes.

  (7) Design professional--An architect or engineer as defined in this subsection.

  (8) Designated representative--A person designated by a school district board of trustees to act as the official representative of the district, in accordance with TEC, §44.0312, and TGC, §2269.053, who has the express authority to act and bind the school district, to the extent and for the purposes described in the contract for school facility design and construction services, including responsibilities for general administration of the contract and required school district certifications for educational adequacy, space, and construction quality.

  (9) Engineer--A person registered as an engineer under TOC, Chapter 1001, and responsible for compliance with engineering design requirements and other applicable requirements of TOC, Chapter 1001.

  (10) Hazardous chemical--This term has the meaning assigned in Texas Health and Safety Code, §502.003(13).

  (11) Inclusive design--Design that considers the broad spectrum of human diversity with respect to ability, age, culture, gender, language, and other forms of human difference.

  (12) Instructional facility--This term has the meaning assigned in TEC, §46.001, and includes any real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly for teaching curriculum under TEC, §28.002.

  (13) Instructional space--All interior general learning spaces, including general classrooms, collaboration spaces, specialized classrooms, and laboratories. Outdoor instructional space may be provided at an instructional facility but may not be used to meet minimum aggregate space requirements in either method of compliance in subsections (h) and (i) of this section. Certain major support spaces may be classified as instructional space for purposes of complying with subsection (i) of this section.

  (14) Major renovation--A project for the construction, addition, rehabilitation, alteration, or repair of an existing school facility that exceeds $50,000 and requires the school district to hire an architect and an engineer.

  (15) Maximum instructional capacity--The maximum number of students who can be served by an instructional facility at any point in time.

  (16) Maximum student enrollment--The maximum number of students a school district expects to enroll at an instructional facility. For the quantitative method of compliance, maximum student enrollment must equal the maximum instructional capacity. For the qualitative method of compliance, maximum student enrollment is allowed to be higher than the maximum instructional capacity.

  (17) Minor renovation--A project for the construction, addition, rehabilitation, alteration, or repair of an existing school facility that exceeds $50,000 and for which a school district is required to hire an engineer but not an architect. If the scope of work for the minor renovation project expands in the type and way that requires the hiring of an architect, the project must be reclassified as a major renovation. If the scope of work for the minor renovation requires that additional safety and security standards under subsection (k)(2) of this section be included in the scope of work of the project and those additional safety and security standards require the hiring of an architect, the project does not require reclassification as a major renovation.

  (18) Modular, portable building--An industrialized building as defined by TOC, §1202.002 and §1202.003; any relocatable educational facility as defined by TOC, §1202.004, regardless of the location of construction of the facility; or any other manufactured or site-built building that is capable of being relocated and is used as a school facility.

  (19) New construction--A project for the design and construction of a new school facility to be used for administrative, assembly, educational, or other occupancy for which a school district board of trustees is required to hire an architect, or the installation of a modular building regardless of whether an architect is required.

  (20) Non-designated entry--A door that is not operable from the exterior and is designed to only allow for emergency egress.

  (21) Non-instructional assembly facility--A non-instructional facility where large populations of occupants congregate such as arenas, performing arts centers, and stadiums.

  (22) Non-instructional facility--Administrative buildings, transportation centers, and other support facilities that are not used predominately for teaching curriculum.

  (23) Open-enrollment charter school--This term has the meaning assigned in §100.1001(3) of this title (relating to Definitions).

  (24) Primary entrance--

    (A) the main entrance to an instructional facility that is closest to or directly connected to the reception area;

    (B) any exterior door the school district intends to allow visitors to use to enter the facility during school hours either through policy or practice; or

    (C) any exterior door the school district intends to allow to remain unlocked during school hours.

  (25) Prime design professional--The registered design professional engaged by a school district or school district's authorized agent to coordinate certain aspects of the project requiring review by the building official or third-party code compliance officer for compatibility of the design of the building or structure with applicable building codes, including the coordination of submittal documents prepared by others, deferred submittal documents, and phased submittal documents.

  (26) Project construction budget--The total aggregate dollars to be spent to execute the design and construction of a capital improvement project, as approved by the school district at the completion of design development to establish the compliance thresholds under subsection (k) of this section in accordance with the requirements of subsection (k)(2) of this section.

  (27) School district--The board of trustees of an independent school district or its designated representative, as permitted.

  (28) School facility--Any instructional facility, specialized instructional facility, non-instructional assembly facility, non-instructional facility, or any other facility owned or operated by a school district.

  (29) School level--

    (A) elementary school level--an instructional facility or specialized instructional facility that includes some or all grades from prekindergarten through Grade 5 or Grade 6;

    (B) middle school level--an instructional facility or specialized instructional facility that includes some or all grades from Grade 6 through Grade 8 or Grade 9, or only includes Grade 6;

    (C) high school level--an instructional facility or specialized instructional facility that includes some or all grades from Grade 9 or Grade 10 through Grade 12, or only includes Grade 9; and

    (D) secondary level--an instructional facility or specialized instructional facility that includes some or all grades from Grade 6 through Grade 12.

  (30) Secondary entrance--Any exterior door that is not one of the following:

    (A) a primary entrance; or

    (B) a door that is not operable from the exterior and is designed to allow only for emergency egress.

  (31) Specialized instructional facility--An instructional facility with a specialized educational purpose such as agricultural barns.

  (32) Square feet per room--The net square footage of a space, including exposed storage space such as cabinets or shelving, but not including hallway space, classroom door alcoves, or storage space such as closets or preparation offices. The net square footage of a room shall be measured from the inside surfaces of the room's walls.

  (33) Square feet per student--The net square footage of a room divided by the maximum number of students to be housed in that room during any period of time during school hours.

  (34) Third-party code compliance officer--A person who a school district has contracted with and designated to have all of the duties and powers of a building official, as defined by required construction codes, to the extent allowable by state law, to enforce compliance of any required construction code provision that is not enforced by a state or local authority having jurisdiction.

(b) Applicability.

  (1) The school facilities standards established in this section shall apply to all school district capital improvement projects as follows, regardless of the type of school facility or the type of construction delivery method used by the district.

    (A) A school district capital improvement project of any type or size relating to a school facility subject to this section must comply with applicable requirements established in subsections (d), (e), (f), (j), and (k) of this section.

    (B) A project for new construction or major renovation at an instructional facility must comply with the requirements established in subsections (d), (e), (f), (g), (j), and (k) of this section and one of the methods required to demonstrate compliance with minimum space requirements established in subsections (h) and (i) of this section.

    (C) A project for minor renovation at an instructional facility must comply with applicable requirements established in subsections (d)(1), (e), (f), (j), and (k) of this section.

    (D) A project for new construction, major renovation, or minor renovation at a specialized instructional facility, non-instructional facility, or non-instructional specialized assembly facility must comply with applicable requirements established in subsections (d)(1), (e), (f), (j), and (k) of this section.

    (E) A project for major renovation that includes minor scopes of work in an area of a school facility that is separate and distinct from the project scope of the major renovation may be performed as a part of a construction services contract for the major renovation without the minor scope of work becoming subject to the standards in subsections (g), (h), or (i) of this section if:

      (i) the minor scopes of work would not, on a stand-alone basis, be considered a major renovation project; and

Cont'd...

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