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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

  (1) To satisfy this method of compliance, the project shall meet the minimum total square footage based on the campus's flexibility level as specified in subsection (h)(2) of this section, the SF per student as specified in subsection (h)(3) of this section, and the adjusted maximum instructional capacity of the campus. The minimum aggregate square footage required may be comprised of the following:

    (A) mathematics, English/language arts, and history/social studies classrooms;

    (B) combination science classrooms/laboratories;

    (C) science classrooms, if the separate science classroom and laboratory layout is used;

    (D) special education classrooms;

    (E) collaboration areas; and

    (F) elective classrooms or laboratories under the following circumstances:

      (i) if the elective program necessitates a SF per student in excess of the value specified in subsection (h)(3) of this section, a maximum of total square feet for the space shall be used that is equal to the value specified in subsection (h)(3) of this section multiplied by the maximum number of students that shall be safely served in that classroom or laboratory at a time;

      (ii) if the elective classroom or laboratory is used between 51-100% of the school day, at a factor of 1; and

      (iii) if the elective classroom or laboratory is used between 0-50% of the school day, at a factor of .5.

  (2) Gymnasiums may not be used to satisfy this method of compliance. Cafeterias and library space may be used to satisfy this method of compliance and shall be treated like an elective space under paragraph (1)(F) of this subsection.

(j) Construction quality standards.

  (1) Construction code requirements. A capital improvement project for a school facility must reasonably comply with the following construction code requirements.

    (A) Projects located outside of a municipal jurisdiction in the unincorporated area of a county must reasonably comply with the following requirements.

      (i) Where projects are located in a county that does not have an adopted general building code, projects must reasonably comply with the International Building Code and the Existing Building Code, as published by the International Code Council, as they existed on May 1, 2003. Where projects are located in a county that has an adopted general building code, projects must reasonably comply with the adopted general building code and any chapters that were not adopted or removed entirely by amendment from the adopted model building code. Where a project is located in an area that is designated as a catastrophe area according to the Texas Department of Insurance, a project must also reasonably comply with any applicable amendments to the building code that have been adopted by the Texas Department of Insurance in accordance with Texas Insurance Code, Chapter 2210.

      (ii) Where projects are located in a county that does not have an adopted mechanical code, projects must reasonably comply with the International Mechanical Code, as published by the International Code Council, as it existed on the same date that the applicable International Building Code was published. Where projects are located in a county that has an adopted mechanical code, projects must reasonably comply with the adopted mechanical code.

      (iii) Where projects are located in a county that does not have an adopted fire code, projects must reasonably comply with the NFPA 101 Life Safety Code and NFPA 1 Fire Code standards adopted by the State Fire Marshal in accordance with TGC, §417.008, and in accordance with 28 TAC §34.301 (relating to Purpose). Where projects are located in a county that has an adopted fire code, projects must reasonably comply with the adopted fire code.

      (iv) Where projects are located in a county that does not have an adopted plumbing code, projects must reasonably comply with the International Plumbing Code and referenced International Fuel Gas Code, as published by the International Code Council, as adopted by the Texas Board of Plumbing Examiners as established in 22 TAC §367.2(a) (relating to Code Requirements) in accordance with TOC, Chapter 1301. Where projects are located in a county that has an adopted plumbing code, projects must reasonably comply with the adopted plumbing code.

      (v) Where projects are located in a county that does not have an adopted electric code, projects must reasonably comply with the National Electric Code, as published by the NFPA, as adopted by the Texas Department of Licensing and Regulation in accordance with TOC, Chapter 1305. Where projects are located in a county that has an adopted electric code, projects must reasonably comply with the adopted electric code.

      (vi) Projects must reasonably comply with the International Energy Conservation Code, as published by the International Code Council, as adopted by the State Energy Conservation Office of Texas in accordance with Texas Health and Safety Code, Chapter 388.

      (vii) Projects must reasonably comply with the International Swimming Pool and Spa Code, as published by the International Code Council, as it existed on May 1, 2019.

      (viii) Projects must reasonably comply with the industrialized housing and building rules as adopted by the Texas Commission of Licensing and Regulation in accordance with TOC, Chapter 1202.

    (B) Projects located inside of a municipal jurisdiction must reasonably comply with the following requirements.

      (i) Where projects are located in a municipality that does not have an adopted general building code, projects must reasonably comply with the International Building Code and the International Existing Building Code, as published by the International Code Council, as they existed on May 1, 2003, in accordance with Local Government Code, §214.216. Where projects are located in a municipality that has an adopted general building code, projects must reasonably comply with the adopted general building code. Where a project is located in an area that is designated as a catastrophe area according to the Texas Department of Insurance, a project must also comply with any applicable amendments to the building code that have been adopted by the Texas Department of Insurance in accordance with Texas Insurance Code, Chapter 2210.

      (ii) Where projects are located in a municipality that does not have an adopted mechanical code, projects must comply with the International Mechanical Code, as published by the International Code Council, as it existed on May 1, 2003. Where projects are located in a municipality that has an adopted mechanical code, projects must reasonably comply with the adopted mechanical code.

      (iii) Where projects are located in a municipality that does not have an adopted fire code, projects must reasonably comply with the NFPA 101 Life Safety Code and NFPA 1 Fire Code standards adopted by the State Fire Marshal in accordance with TGC, §417.008, and in accordance with 28 TAC §34.301. Where projects are located in a municipality that has an adopted fire code, projects must reasonably comply with the adopted fire code.

      (iv) Where projects are located in a municipality that does not have an adopted plumbing code, projects must reasonably comply with the International Plumbing Code and referenced International Fuel Gas Code, as published by the International Code Council, as adopted by the Texas Board of Plumbing Examiners as established in 22 TAC §367.2(a) in accordance with TOC, Chapter 1301. Where projects are located in a municipality that has an adopted plumbing code, projects must reasonably comply with the adopted plumbing code.

      (v) Where projects are located in a municipality that does not have an adopted electric code, projects must reasonably comply with the National Electric Code, as published by the NFPA, as adopted by the Texas Department of Licensing and Regulation in accordance with TOC, Chapter 1305. Where projects are located in a municipality that has an adopted electric code, projects must reasonably comply with the adopted electric code.

      (vi) Where projects are located in a municipality that does not have an adopted energy conservation code, projects must reasonably comply with the International Energy Conservation Code, as published by the International Code Council, as adopted by the State Energy Conservation Office of Texas in accordance with Texas Health and Safety Code, Chapter 388. Where projects are located in a municipality that has an adopted energy conservation code, projects must reasonably comply with the adopted energy conservation code.

      (vii) Where projects are located in a municipality that does not have an adopted swimming pool code, projects must reasonably comply with the International Swimming Pool and Spa Code, as published by the International Code Council, as it existed on May 1, 2019. Where projects are located in a municipality that has an adopted swimming pool code, projects must reasonably comply with the adopted swimming pool code.

Cont'd...

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