| (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.
(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.
(2) Third-party code compliance requirements.
(A) A school district shall require the prime design
professional of a capital improvement project to submit to the school
district a report identifying any construction code requirements that
the prime design professional believes, to the best of their knowledge
after performing research, will not be enforced by a state or local
authority having jurisdiction.
(B) A school district shall contract with a third-party
code compliance officer to enforce any construction code requirement
identified by a prime design professional pursuant to subparagraph
(A) of this paragraph as not enforced by a state or local authority
having jurisdiction and shall adjust the scope of services provided
by the third-party code compliance officer if an error is discovered
in the prime design professional's report.
(C) A school district shall hire a third-party code
compliance officer to have all of the duties and powers of a building
official, as defined by the required construction codes and to the
extent allowable by state law, to ensure compliance with any required
construction code provisions identified as not enforced by a state
or local jurisdiction with authority pursuant to subparagraphs (A)
and (B) of this paragraph.
(D) In the manner specified by TGC, §2269.058,
a school district shall procure the services of a third-party code
compliance officer required by subsection (j) of this section as a
professional service in accordance with the Texas Professional Services
Procurement Act, as established in TGC, Chapter 2254.
(E) A third-party code compliance officer must not
be a design professional responsible for the design of any portion
of the project, anyone employed by a design professional responsible
for the design of any portion of the project, a contractor responsible
for constructing any portion of the project, or anyone employed by
a contractor responsible for constructing any portion of the project.
A third-party code compliance officer may be a peer reviewer that
performs a peer review required for any storm shelters that are part
of the project.
(F) A third-party code compliance officer must have
a Certified Building Official designation from the International Code
Council (ICC). A third-party code compliance officer must also have
at least ten years of experience or equivalent experience as an architect,
engineer, inspector, contractor or superintendent of construction,
or any combination of these, at least five years of which have been
supervisory experience.
(G) A plan review performed by or under the supervision
of a third-party code compliance officer must be performed by a qualified
design professional or an independent third party qualified to certify
plans through the ICC for the appropriate building, mechanical, electrical,
or plumbing trade. Plan reviews performed under the supervision of
a third-party code compliance officer must be performed by a person
with at least five years of experience as an engineer or an architect.
(H) The following shall apply to a storm shelter where
a required construction code has a provision requiring a storm shelter
for certain projects.
(i) For the purposes of determining if a storm shelter
is required for a specific building area, a school district shall
require a third-party code compliance officer to accept, as a modification
of the code in lieu of meeting the requirement to provide a storm
shelter for that specific area, any written justification submitted
by the school district that purports that the intended use of the
specific building area that would be served by a storm shelter is
not used for educational purposes during normal school hours when
attendance is mandatory.
(ii) Where a storm shelter is required for new construction,
a school district shall require a third-party code compliance officer
to allow the occupant load for storm shelter design to be 110% of
maximum instructional capacity, as stated by the designated representative
of the school district in writing, even if this is significantly less
than the total occupant load used for other purposes such as fire
egress.
(iii) Where a storm shelter is required for additions,
a school district shall require a third-party code compliance officer
to allow the occupant load for storm shelter design to be based on,
prorating where only a portion of the school facility is considered,
110% of maximum instructional capacity, as stated by the designated
representative of the school district in writing, even if this is
significantly less than the total occupant load used for other purposes
such as fire egress.
(iv) For the purposes of determining if a storm shelter
can serve the occupants of a building that is located at a distance
from the storm shelter that is greater than a code-required maximum
distance, a school district shall require a third-party code compliance
officer to accept, as a modification of the code in lieu of meeting
the specific distance requirement, any written emergency operations
plan submitted by the school district that purports to provide early
notification to those occupants. School districts may use protections
provided in TEC, §37.108, to protect sensitive information.
(v) For the purposes of determining if a storm shelter
is required to be constructed at a school facility where applicable
construction codes require a storm shelter and a modular building
be installed as part of the project, a school district shall require
a third-party code compliance officer to consider as new construction
any modular building that is installed as part of the project, regardless
of whether it is relocatable.
(3) Other requirements.
(A) A capital improvement project for a school facility
subject to the standards in this section must comply with the 2010
Americans with Disabilities Act Standards for Accessible Design as
well as the Texas Accessibility Standards of 2012.
(B) A school district shall notify a design professional
in writing of any construction-related standard or expectation of
the school district for the project that is not otherwise established
or required by an applicable construction code as required in this
subjection. Where a school district contracts with a design professional
and that design professional subcontracts another design professional,
the school district need only notify the design professional that
has a contract with the school district.
(C) A school district shall consider as part of a capital
improvement project the use of designs, methods, and materials that
will reduce the potential for indoor air quality problems. A school
district may use the voluntary indoor air quality guidelines adopted
by the Texas Department of State Health Services under Texas Health
and Safety Code, Chapter 385; the "Indoor Air Quality Tools for Schools"
program administered by the U.S. Environmental Protection Agency;
or some other updated state approved guidelines or standards for indoor
air quality in response to communicable disease related public health
issues.
(D) A school district shall consider as part of a capital
improvement project 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.
(k) Safety and security standards.
(1) Compliance requirements applicable to all instructional
facilities campus-wide. A capital improvement project of a school
district or an open-enrollment charter school must include campus-wide
implementation of the following provisions.
(A) Communications infrastructure. In accordance with
TEC, §37.108, a school district or an open-enrollment charter
school shall:
(i) develop a multi-hazard plan that provides measures
to ensure that school district communications technology and infrastructure
are adequate to allow for communication during an emergency;
(ii) implement measures to ensure every classroom and
portable classroom provides district employees, including substitute
teachers, access to a telephone, cellular telephone, or other electronic
communications device to allow immediate contact with district emergency
services or emergency services agencies, law enforcement agencies,
health departments, and fire departments; and
(iii) develop site plans and floor plans for a school
facility in accordance with TEC, §37.108(f).
(B) Access control. A school district or an open-enrollment
charter school shall develop a document that designates each exterior
door of each instructional facility campus-wide as either primary,
secondary, or non-designated entrances and shall ensure that the documented
designation of all exterior doors becomes part of the long-range facility
plan prior to commencement of construction of a capital improvement
project.
Cont'd... |
