Texas Register

TITLE 19 EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 61SCHOOL DISTRICTS
SUBCHAPTER CCCOMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES
RULE §61.1036School Facilities Standards for Construction on or after January 1, 2004
ISSUE 07/11/2008
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Definitions and procedures. The following words, terms, and procedures, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   (1)Architect--An individual registered as an architect under the Texas Occupations Code, Chapter 1051, and responsible for compliance with the architectural design requirements and all other applicable requirements of the Texas Occupations Code, Chapter 1051.

  (2)[(1)] Educational program--A written document, developed and provided by the district, that includes the following information:

    (A)a summary of the school district's educational philosophy, mission, and goals; and

    (B)a description of the general nature of the district's instructional program in accordance with §74.1 of this title (relating to Essential Knowledge and Skills). The written educational program should describe:

      (i)the learning activities to be housed, by instructional space;

      (ii)how the subject matter will be taught (methods of instructional delivery);

      (iii)the materials and equipment to be used and stored;

      (iv)utilities and infrastructure needs; and

      (v)the characteristics of furniture needed to support instruction.

  (3)[(2)] Educational specifications--A written document for a proposed new school facility or major space renovation that includes a description of the proposed project, expressing the range of issues and alternatives. School districts that do not have personnel on staff with experience in developing educational specifications shall use [utilize] the services of a design professional or consultant experienced in school planning and design to assist in the development of the educational specifications. The school district shall allow for input from teachers, other school campus staff, and district program staff in developing the educational specifications. The following information should be included in the educational specifications:

    (A)the instructional programs, grade configuration, and type of facility;

    (B)the spatial relationships--the desired relationships for the functions housed at the facility:

      (i)should be developed by the school district to support the district's instructional program;

      (ii)should identify functions that should be:

        (I)adjacent to, immediately accessible;

        (II)nearby, easily accessible; and

        (III)removed from or away from; and

      (iii)should relate to classroom/instructional functions, instructional support functions, building circulation, site activities/functions, and site circulation;[.]

    (C)number of students;

    (D)a list of any specialized classrooms or major support areas, noninstructional support areas, outdoor learning areas, outdoor science discovery centers, living science centers, or external activity spaces;

    (E)a schedule of the estimated number and approximate size of all instructional and instructional support spaces included in the facility;

    (F)estimated budget for the facility project;

    (G)school administrative organization;

    (H)provisions for outdoor instruction;

    (I)hours of operation that include the instructional day, extracurricular activities, and any public access or use;

    (J)the safety of students and staff in instructional programs, such as science and vocational instruction; and

    (K)the overall security of the facility.

   (4)Engineer--An individual registered as an engineer under the Texas Occupations Code, Chapter 1001, and responsible for compliance with the engineering design requirements and all other applicable requirements of the Texas Occupations Code, Chapter 1001.

  (5)[(3)] Grade levels:

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

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

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

    (D)secondary school level--a school facility that includes some or all grades from Grade 6 through Grade 12.

  (6)[(4)] Hazardous chemical--As defined by the Texas Health and Safety Code, Chapter 502, Hazard Communication Act.

  (7)[(5)] Instructional space--General classrooms, specialized classrooms, outdoor learning areas, and major support areas.

  (8)[(6)] Library--Library will include the following minimum requirements:

    (A)reading/instructional area;

    (B)reference/independent study area;

    (C)stack area;

    (D)circulation desk/area;

    (E)computer/online [computer/on-line] reference areas; and

    (F)necessary ancillary areas, such as offices, workrooms, head-end room, and storage rooms.

  (9)[(7)] Long-range school facility plan--School districts are encouraged to formulate a long-range facilities plan prior to making major capital investments. When formulating a plan, a school district's process should allow for input from teachers, students, parents, taxpayers, and other interested parties that reside within the school district. Major considerations should include:

    (A)a description of the current and future instructional program and instructional delivery issues;

    (B)the age, condition, and educational appropriateness of all buildings on the campus (in district), considering condition of all components and systems as well as design flexibility, including an estimate of cost to replace or refurbish and appropriate recommendations;

    (C)verification of the suitability of school site(s) for the intended use, considering size, shape, useable land, suitability for the planned improvements, and adequate vehicular and pedestrian access, queuing, parking, playgrounds and fields, etc.; and

    (D)a timeline [time-line] and a series of recommendations to modify or supplement existing facilities to support the district's instructional program.

  (10)[(8)] Major space renovations--Renovations to all or part of the facility's instructional space where the scope of the work in the affected part of the facility involves substantial renovations to the extent that most existing interior walls and fixtures are demolished and then subsequently rebuilt in a different configuration and/or function. Other renovations associated with repair or replacement of architectural interior or exterior finishes; fixtures; equipment; and electrical, plumbing, and mechanical systems are not subject to the requirements of subsections (d) and (e) of this section, but shall comply with applicable building codes as required by subsection (f) of this section.

   (11)Portable, modular building--An industrialized building as defined by the Texas Occupations Code, §1202.003, or any other manufactured or site-built building that is capable of being relocated and is used as a school facility.

  (12)[(9)] 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 single class period.

  (13)[(10)] Square feet per room measurements--The net square footage of a room includes exposed storage space, such as cabinets or shelving, but does not include 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.

  (14)[(11)] Abbreviations:

    (A)ANSI--American National Standards Institute;

    (B)ICC--International Code Council; and

    (C)NFPA--National Fire Protection Association.

(b)(No change.)

(c)Certification of design and construction.

  (1) - (2)(No change.)

  (3)To ensure that facilities have been designed and constructed according to the provisions of this section, each of the involved parties shall execute responsibilities as follows.

    (A) - (E)(No change.)

    (F)The certifications specified in subparagraphs (A) - (E) of this paragraph shall be gathered on the "Certification of Project Compliance" form developed by the Texas Education Agency (TEA). The school district will retain this form in its [their] files indefinitely until review and/or submittal is required by representatives of the TEA.

(d)Space, minimum square foot, and design requirements.

  (1) - (4)(No change.)

  (5)Instructional area size and design requirements.

    (A) - (B)(No change.)

    (C)Specialized classrooms.

      (i) - (ii)(No change.)

      (iii)The following provisions shall apply to combination science laboratories/classrooms [laboratory/classrooms], where each student has a lab station and where typically there is a clearly defined laboratory area and a clearly defined lecture area.

        (I)Combination science laboratories/classrooms [ laboratory/classrooms] shall have a minimum of 900 square feet per room at the elementary school level. The minimum room size is adequate for 22 students; 41 square feet per student shall be added to the minimum square footage for each student in excess of 22.

        (II)Combination science laboratories/classrooms [ laboratory/classrooms] shall have a minimum of 1,200 square feet per room at the middle school level. The minimum room size is adequate for 24 students; 50 square feet per student shall be added to the minimum square footage for each student in excess of 24.

        (III)Combination science laboratories/classrooms [ laboratory/classrooms] shall have a minimum of 1,400 square feet per room at the high school level. The minimum room size is adequate for 24 students; 58 square feet per student shall be added to the minimum square footage for each student in excess of 24.

        (IV)School districts with small class sizes may have combination science laboratories/classrooms [laboratory/classrooms ] that provide a minimum of 41 square feet per student but not less than 700 square feet total at the elementary school level, a minimum of 50 square feet per student but not less than 950 square feet total at the middle school level, and a minimum of 58 square feet per student but not less than 1,100 square feet total at the high school level.

      (iv)(No change.)

      (v)If hazardous or vaporous chemicals are to be used in the science laboratories or science laboratories/classrooms [ laboratory/classrooms], a separate chemical storage room shall be provided. The chemical storage room shall be separate from, and shall not be combined as part of, a preparation room or an equipment storage room; however, the chemical storage room may be located so that access is through a preparation room or equipment storage room. The chemical storage room shall be secure to prevent access to chemicals by students. One chemical storage room may be shared among multiple laboratories or laboratories/classrooms [laboratory/classrooms ].

      (vi) - (ix)(No change.)

    (D)Major support areas.

      (i)(No change.)

      (ii)A school district shall consider the School Library Standards and Guidelines as adopted under Texas Education Code, §33.021, when developing, implementing, or expanding library services. Libraries for campuses with a planned student capacity of 100 or less shall be a minimum of 1,400 square feet. Libraries for campuses with a planned student capacity of 101 to 500 shall be a minimum of 1,400 square feet plus an additional 4.0 square feet for each student in excess of 100. Libraries for campuses with a planned student capacity of 501 to 2,000 shall be a minimum of 3,000 square feet plus an additional 3.0 square feet for each student in excess of 500. Libraries for campuses with a planned student capacity of 2,001 or more shall be a minimum of 7,500 square feet plus an additional 2.0 square feet for each student in excess of 2,000. A school district that plans to locate more than 12 student computers in the library shall add 25 square feet of space for each additional computer anticipated. The space allotments within the library shall be based on a formula of 30% for the reading/instructional area and reference/independent study area; 45% for the stack area, circulation desk/area, and computer/online [computer/on-line ] reference areas; and 25% for the necessary ancillary areas. Windows shall be placed so that adequate wall and floor space remains to accommodate the shelving necessary for the library collection size established by the School Library Standards and Guidelines.

  (6) - (7)(No change.)

(e)(No change.)

(f)Construction quality.

  (1)Districts with existing building codes.

    (A)A school district located in an area that has adopted local construction codes shall comply with those codes (including building, fire, plumbing, mechanical, fuel gas, energy conservation, and electrical codes). The school district is not required to seek additional plan review of school facilities projects other than what is required by the local building authority. If the local building authority does not require a plan review, then a qualified, independent third party, not employed by the design architect or engineer, shall review the plans and specifications for compliance with the requirements of the adopted building code. The plan review shall examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. The review shall be conducted prior to the commencement of construction and must be conducted by a qualified [certified ] building code consultant or a third party architect or engineer. A qualified [certified] building code consultant is a person who maintains, as a minimum, a current certification from the ICC [is certified by either the ICC; International Conference of Building Officials (ICBO); Southern Building Code Congress International, Inc. (SBCCI); or Building Officials and Code Administrators International (BOCAI)]. Associated fees shall be the responsibility of the school district. The reviewer shall prepare a summary list of any conditions not in conformance with the provisions of the adopted building code and is required to send a copy to the school district, design architect, or engineer. The design architect or engineer shall revise the plans and specifications as necessary and certify code compliance to the district. The reviewer, in his or her reasonable judgment and with the approval of the local building authority, may allow a limited number of variances from the codes if such variances do not negatively affect the quality or safety of the facility. Any disputes shall be a matter for contract resolution.

    (B) - (C)(No change.)

    (D)If the local building authority does not conduct reviews and inspections during the course of construction of the facility, then a qualified, independent third party, not employed by the design architect or engineer or contractor, should perform a reasonable number of reviews and inspections during the course of construction for compliance with the requirements of the adopted building code. The reviews and inspections should examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. A qualified code inspector is a person who maintains, as a minimum, a current certification from the ICC as a combination commercial inspector and commercial energy inspector [is certified by either the ICC, ICBO, SBCCI, Inc., or BOCAI].

  (2)Districts without existing building codes.

    (A)A school district located in an area that has not adopted local building codes shall adopt and use the building code and related fire, plumbing, mechanical, fuel gas, and energy conservation codes from the latest edition of the family of International Codes as published by the ICC; and the National Electric Code as published by the NFPA. As an alternative, a school district may adopt the building code and related fire, plumbing, mechanical, fuel gas, and energy conservation codes as adopted by a nearby municipality or county. A qualified, independent third party, not employed by the design architect or engineer, shall review the plans and specifications for compliance with the requirements of the adopted building code. The plan review shall examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. The review shall be conducted prior to the commencement of construction and must be conducted by a qualified [certified] building code consultant or a third party architect or engineer. A qualified [certified ] building code consultant is a person who maintains, as a minimum, a current Cont'd...

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