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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

      (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.

  (2) Additional standards based on the project construction budget. A school district shall approve a project construction budget for a capital improvement project at completion of the design development phase of the project and prior to commencement of the construction documents phase. The project construction budget approved by the school district shall determine how many of the additional safety and security standards established in paragraph (3) of this subsection are required for the project. A school district shall designate in writing which of the additional safety and security standards in paragraph (3) of this subsection have been approved by the school district board of trustees for a capital improvement project and shall provide to the prime design professional and each design professional of record written documentation of the approved safety and security standards for the proposed facility prior to commencement of the construction documents phase of a capital improvement project. The following standards shall apply to a capital improvement project for an instructional facility until all instructional facilities campus-wide fully comply with all of the additional safety and security standards specified in this subsection.

    (A) If a project construction budget is $1 million to $5 million, the facility is required to comply with at least one additional safety and security standard specified in paragraph (3) of this subsection.

    (B) If a project construction budget is $5 million to $10 million, the facility is required to comply with at least two additional safety and security standards specified in paragraph (3) of this subsection.

    (C) If a project construction budget is over $10 million, the facility is required to comply with all of the additional safety and security standards specified in paragraph (3) of this subsection.

    (D) For a capital improvement project that includes new construction, the new construction of an instructional facility is required to comply with all three of the additional safety and security standards specified in paragraph (3) of this subsection.

  (3) Additional safety and security standards applicable to all instructional facilities campus-wide. A school district or an open-enrollment charter school must include campus-wide implementation of the following standards in accordance with terms and requirements of paragraph (2) of this subsection.

    (A) Exterior door numbering. All instructional facilities campus-wide, including portable, modular buildings, must include the addition of graphically represented alpha-numerical characters on both the interior and exterior of each exterior door location. The characters may be installed on the door, or on at least one door at locations where more than one door leads from the exterior to the same room inside the facility, or on the wall immediately adjacent to or above the door location. Characters shall comply with the IFC, §505. The primary entrance of an instructional facility, as defined by subsection (a)(23)(A) of this section, shall always be the first in the entire sequence and is the only door location that does not require numbering. The numbering sequence shall be clockwise and may be sequenced for the entire campus or for each facility individually. The design professional of record shall coordinate with school district personnel and local emergency response personnel prior to incorporating exterior door numbering characters and locations into the contract documents for the facility or facilities specified to be included in a capital improvement project. The design professional of record shall coordinate this requirement with any and all accessibility requirements related to signage.

    (B) Visitor management. All primary entrances of instructional facilities campus-wide must include the following:

      (i) an unobstructed line of sight of approaching visitors through physical or digital means;

      (ii) a physical barrier that prevents unassisted access to the facility by a visitor; and

      (iii) a location for a visitor check-in and check-out process.

    (C) Security cameras. All primary and secondary entrances of instructional facilities campus-wide must include a security camera.

  (4) Exceptions to additional standards based on cost. A school district may opt out of the requirements specified in paragraph (2) of this subsection if:

Cont'd...

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