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(a)Applicability. Except for the safety and security
standards identified in subsection (d)(4) of this section, this section
does not apply to open-enrollment charter schools.
(b)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)Abbreviations--
(A)ANSI--American National Standards Institute;
(B)IBC--International Building Code;
(C)ICC--International Code Council;
(D)IFC--International Fire Code;
(E)IMC--International Mechanical Code;
(F)NFPA--National Fire Protection Association; and
(G)OSHA--Occupational Safety and Hazard Administration.
(2)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.
(3)Certification or certify--An indication that an
architect or engineer has reviewed the standards contained in this
section and used the best professional judgment and reasonable care
consistent with the practice of architecture or engineering in the
state of Texas in executing the construction documents.
(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)Hazardous chemical--This term is defined by the
Texas Health and Safety Code, Chapter 502, Hazard Communication Act.
(6)Inclusive design--Design that considers the full
range of human diversity with respect to ability, language, culture,
gender, age, and other forms of human difference.
(7)Instructional space--All interior general learning
spaces.
(8)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.
(9)Primary entrance--The main entrance to an instructional
facility that is closest to or directly connected to the reception
area as well as any entrance used by visitors during school hours.
(10)Qualified building code consultant--A person who
maintains, as a minimum, a current certification from the ICC.
(11)Qualified, independent third-party inspector--A
person who maintains, as a minimum, a current certification from the
ICC as a combination commercial inspector and commercial energy inspector.
(12)School level--
(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.
(13)Secondary entrance--Any entrance used:
(A)by students during school hours to go outside to
access another building or outdoor instructional space or program;
or
(B)by students, staff, or visitors outside school
hours.
(14)Square feet per room--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.
(15)Square feet per pupil--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.
(c)Administration.
(1)Implementation date. The requirements for school
facility standards under this section shall apply to capital improvement
projects for which the budget has been publicly approved by the school
district board of trustees on or after September 1, 2020. For projects
where action was taken by the board of trustees prior to September
1, 2020, the school district may elect to comply with the standards
specified in §61.1036 of this title (relating to School Facilities
Standards for Construction before September 1, 2020). A board of trustees
meets the standards under this section by either:
(A)adoption of a fiscal year maintenance and operations
budget where a capital improvement project title and budget are delineated;
or
(B)calling a bond election where a capital improvement
project title and budget are delineated.
(2)Trigger language. If a project scope requires a
school district to hire an architect or engineer per the Texas Occupations
Code, the project is required to comply with the standards under this
section. If additional scopes of work are added to the triggering
project scope that alone would not trigger these standards, the affected
areas of the additional scopes of work are not required to be brought
into compliance with these standards.
(3)Compliance. Every project required to comply with
the standards under this section must meet the requirements of this
subsection and subsection (d) of this section and one of the two methods
of compliance described in subsections (e) and (f) of this section.
(4)Designation. The school board shall designate either
a qualitative or quantitative method of compliance prior to the solicitation
of a licensed design professional.
(5)Educational adequacy. A facility meets the threshold
of educational adequacy if the design is based on the requirements
of:
(A)the minimum standards under subsection (d) of this
section, including the educational specifications under subsection
(d)(2) of this section and the long-range facility plan under subsection
(d)(3) of this section;
(B)at least one method of compliance under subsection
(e) or (f) of this section.
(6)Certification of design and construction.
(A)The architect or engineer must certify that the
certification of design and construction conforms to the provisions
of this section, except as indicated on the certification.
(B)The school district shall notify and obligate the
architect or engineer to provide the required certification. The architect's
or engineer's signature and seal on the construction documents shall
certify compliance.
(C)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.
(i)The school district shall provide the architect
or engineer the educational specifications and long-range facility
plan approved by the board of trustees as required by this section,
and any district-approved design standards for the facility.
(ii)The architect or engineer shall perform a building
code search under applicable regulations that may influence the project
and shall certify that the design has been researched before it is
final.
(iii)The architect or engineer shall certify that
the facility has been designed according to the provisions of this
section, based on the educational specifications, long-range facility
plan, building code specifications, and all documented changes to
the construction documents provided by the district. The design professional
shall be required to provide certification on or within 30 calendar
days of the date the construction documents are signed and sealed
for bidding.
(iv)The building contractor or construction manager
shall certify that the facility has been constructed in general accordance
with the construction documents specified in clause (iii) of this
subparagraph. If the school district acts as general contractor, it
shall make the certification required by this paragraph. The contractor
or construction manager shall be required to provide certification
on or within 30 calendar days of the date of providing the certificate
of substantial completion.
(v)When construction is completed, the school district
shall certify that the facility conforms to the design requirements
specified in subparagraph (A) of this paragraph. The owner of the
facility shall be required to provide certification on or within 30
calendar days of written approval to occupy the building by the authority
having jurisdiction.
(vi)The certifications specified in clauses (i)-(v)
of this subparagraph shall be gathered on the Certification of Project
Compliance form developed by Texas Education Agency (TEA). The school
district will retain this form in its files indefinitely until review
and/or submittal is required by representatives of TEA.
(7)Life safety code coordination.
(A)Authority having jurisdiction. If a local authority
having jurisdiction deletes an entire chapter of a locally adopted
code, the school district or design professional may choose to use
that section for code compliance purposes.
(B)Districts with existing building codes.
(i)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 inspector, 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
building code consultant or a third-party architect or engineer. 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.
(ii)For school facilities projects subject to the
standards under this section, and where not otherwise required by
local code, fire alarm systems shall be provided. Fire alarm systems
shall be designed and installed in accordance with applicable portions
of the latest edition of the IBC and IFC.
(iii)As part of its school facilities projects and
where not otherwise required by local code, a school district shall
consider providing automatic sprinkler systems for fire protection,
fire suppression, and life safety. In absence of a local code, each
automatic sprinkler system shall be installed in accordance with the
latest edition of the IBC and IFC.
(iv)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 inspector, not employed
by the design architect, engineer, or contractor, shall 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 shall examine compliance conditions
for emergency egress, fire protection, structural integrity, life
safety, plumbing, energy conservation, and mechanical and electrical
design.
(C)Districts without existing building codes.
(i)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 inspector, 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 building code consultant or a third-party
architect or engineer. 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, 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.
(ii)For school facilities projects subject to the
standards under this section, fire alarm systems shall be provided.
Fire alarm systems shall be designed and installed in accordance with
applicable portions of the latest edition of the IBC and IFC.
(iii)As part of its school facilities projects, a
school district shall consider providing automatic sprinkler systems
for fire protection, fire suppression, and life safety. Each automatic
sprinkler system shall be installed in accordance with the latest
edition of the IBC and IFC.
(iv)A qualified, independent third-party inspector,
not employed by the design architect, engineer, or contractor, shall
perform a reasonable number of reviews and inspections during the
course of construction of the facility for compliance with the requirements
of the adopted building code. The reviews and inspections shall examine
compliance conditions for emergency egress, fire protection, structural
integrity, life safety, plumbing, energy conservation, and mechanical
and electrical design.
(D)Special provisions for portable, modular buildings.
Any portable, modular building capable of being relocated that is
purchased or leased for use as a school facility by a school district,
whether that building is manufactured off-site or constructed on-site,
must comply with all provisions of this section. Effective September
1, 2020, the following additional provisions shall apply to any portable,
modular building that is purchased or leased for use as a school facility
by a school district.
(i)A school district located in an area that has adopted
local construction codes shall have the portable, modular building,
including the construction of the foundation system and the erection
and installation of the building on the foundation, inspected by the
local building authority for compliance with the mandatory building
codes or approved designs, plans, and specifications. The school district
is not required to seek additional inspection of the portable, modular
building other than what is required by the local building authority.
If the local building authority does not perform inspections, then
a qualified, independent third-party inspector, not employed by the
design architect, engineer, contractor, or manufacturer, shall inspect
the facility, including the construction of the foundation system
and the erection and installation of the facility on the foundation,
for compliance with the mandatory building codes or approved designs,
plans, and specifications. The inspections shall be performed within
30 calendar days of the completion of the construction, erection,
and installation of the facility on the site, and the school district
shall not occupy or use the facility until the independent third-party
inspector makes a final determination that the facility is in compliance
with all provisions of this section. For a manufactured portable,
modular building that is an industrialized building as defined by
Texas Occupations Code, §1202.003, the factory inspection performed
under the oversight of the Texas Department of Licensing and Regulation
shall suffice to determine compliance of the building envelope with
the mandatory building codes or approved designs, plans, and specifications
in lieu of an inspection by the local building authority or an independent
third-party inspector for a portable, modular building constructed
on or after January 1, 1986. However, an inspection of the construction
of the foundation system and the erection and installation of the
portable, modular building on the foundation shall still be performed.
Cont'd...
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