| (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.
Cont'd... |
