Texas Register

TITLE 19 EDUCATION
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
ISSUE 10/08/2021
ACTION Final/Adopted
Preamble Texas Admin Code Rule

    (C)Science classrooms. Science classrooms shall be provided at a ratio not to exceed 2:1 of science classrooms to science laboratories at the secondary level and must meet the requirements of subsection (h)(3) of this section. The science laboratories must be located in close proximity to the science classrooms they serve.

    (D)Fume hoods.

      (i)Each of the following shall have one built-in fume hood:

        (I)at least one middle school prep room per grade level served in the school facility;

        (II)high school level chemistry or Advanced Placement (AP) chemistry combination classroom/laboratory or laboratory; and

        (III)prep room serving chemistry, AP chemistry, or integrated physics and chemistry (IPC) combination classroom/laboratory or laboratory.

      (ii)A double-sided fume hood may be provided to satisfy chemistry or AP chemistry fume hood requirements.

      (iii)The exhaust shall be vented to the outside, above the roof and away from air vents.

    (E)Preparation/storage rooms. One preparation/storage room at a minimum 10 SF per student shall be provided adjacent to each combination science classroom/laboratory. One preparation/storage room at a minimum of 10 SF per student shall be provided per science classroom and be located adjacent to its partner science laboratory. Preparation/storage rooms may be combined, but the combination of more than one preparation/storage room shall not reduce the minimum square feet or quantity of built-in fume hoods required if they were not combined.

    (F)Chemical storage room. If hazardous or vaporous chemicals are to be used in a science laboratory or combination science classroom/laboratory, 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 or non-authorized adults. One chemical storage room may be shared among multiple laboratories or classrooms/laboratories. Refer to National Fire Protection Association (NFPA), International Fire Code (IFC), and Occupational Safety and Health Administration (OSHA) for additional requirements.

    (G)Eye/face wash. A built-in eye/face wash that can wash both eyes simultaneously shall be provided in each room serving Grades 5-12 where hazardous chemicals or eye irritants are used by instructors and/or students. The eye/face wash shall comply with the American National Standards Institute (ANSI) Standards for Shower and Eyewash Equipment (Z358.1). The tepid water required by ANSI Z358.1 is not required to come from a heated source; however, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season shall consider a tepid water system with a heated source.

    (H)Safety shower. A built-in safety shower shall be provided in each combination classroom/laboratory, laboratory, or prep room where a built-in fume hood is required or voluntarily provided. Where a safety shower is required in both the laboratory and corresponding prep room, a safety shower may be provided in only the prep room to satisfy this requirement. The safety shower shall comply with the ANSI Standards for Shower and Eyewash Equipment (Z358.1). The tepid water required by ANSI Z358.1 is not required to come from a heated source; however, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season shall consider a tepid water system with a heated source.

    (I)Exhaust fan and ventilation system. Refer to International Mechanical Code, ANSI, OSHA, and NFPA for project requirements.

    (J)Emergency shut-off controls. If electricity, gas, and/or water are provided in student areas, emergency shut-off controls shall be provided for each in a location accessible to the instructor but not easily accessible to students. It shall not be located at any doorway leading to a corridor or hallway.

    (K)Special education. Specialized classrooms shall be a minimum of 45 SF per student.

(h)Quantitative method of compliance for instructional facility space requirements. A school district board of trustees shall approve compliance with this method or the method of compliance described in subsection (i) of this section before the commencement of design development for a capital improvement project for an instructional facility.

  (1)To satisfy this method of compliance, the capital improvement project shall meet the minimum aggregate square footage based on the campus's flexibility level as specified in paragraph (2) of this subsection, the SF per student as specified in paragraph (3) of this subsection, and the maximum instructional capacity of the campus included in the project's educational specifications. Cafeterias, gymnasiums, and library space may not be used to satisfy this method of compliance. The minimum aggregate square footage required may be comprised of the following:

    (A)mathematics, English/language arts, and history/social studies classrooms;

    (B)combination science classrooms/laboratories;

    (C)science classrooms, if the separate science classroom and laboratory layout is used;

    (D)special education classrooms;

    (E)collaboration areas; and

    (F)elective classrooms or laboratories under the following circumstances:

      (i)if the elective program necessitates a SF per student in excess of the value specified in subsection (h)(3) of this section, a maximum of total square feet for the space shall be used that is equal to the value specified in (h)(3) of this section multiplied by the maximum number of students that shall be safely served in that classroom or laboratory at a time;

      (ii)if the elective classroom or laboratory is used between 51-100% of the school day, at a factor of 1; and

      (iii)if the elective classroom or laboratory is used between 0-50% percent of the school day, at a factor of .5.

  (2)The level of flexibility of a facility must be selected by a school district in order to calculate the minimum aggregate square footage under paragraph (3) of this subsection.

    (A)Flexibility Level 1 (L1). Single, fixed teacher presentation space; compact organization of spaces makes access to outdoor space limited and challenging; furniture is exclusively attached student desk/chair with an expectation of very infrequent rearrangement; minimal multipurpose functionality for walls with no capability of reconfiguration; teacher-centric digital instruction with partial access to mobile devices.

    (B)Flexibility Level 2 (L2). Single, fixed teacher presentation space; compact organization of spaces makes access to outdoor space limited and challenging, but outdoor spaces may be visible from classrooms; furniture includes detached student desk/chair with an expectation of very infrequent rearrangement; moderate multipurpose functionality for walls with no capability of reconfiguration; teacher-centric digital instruction with moderate access to mobile devices.

    (C)Flexibility Level 3 (L3). Multiple student/teacher presentation spaces; organization of spaces allows for proximal outdoor access that is visible from classrooms; flexible and mobile furniture that is easily rearranged; high use of multipurpose walls, including digital touchscreen and other functionalities; learner-centric digital instruction with high levels of access to a range of mobile devices.

    (D)Flexibility Level 4 (L4). Multiple student/teacher presentation spaces that are likely mobile; organization of spaces allows for direct outdoor access that is visible from classrooms; highly flexible and mobile furniture that is easily rearranged by students independently or collectively; maximized inclusion of multipurpose walls, including digital capabilities and reconfiguration; learner-centric digital instruction with high levels of access to a range of mobile devices incorporating an "anytime/anywhere" instructional philosophy.

  (3)The minimum aggregate square footage shall be determined based on the minimum square footage per student by campus type and the selected flexibility level approved under paragraph (2) of this subsection.

    (A)Elementary schools (prekindergarten-Grade 5):

      (i)L1 36 SF per pupil (pp);

      (ii)L2 36 SF pp;

      (iii)L3 42 SF pp; and

      (iv)L4 42 SF pp.

    (B)Middle schools (Grades 6-8):

      (i)L1 32 SF pp;

      (ii)L2 32 SF pp;

      (iii)L3 36 SF pp; and

      (iv)L4 36 SF pp.

    (C)High schools (Grades 9-12):

      (i)L1 32 SF pp;

      (ii)L2 32 SF pp;

      (iii)L3 36 SF pp; and

      (iv)L4 36 SF pp.

(i)Qualitative method of compliance for instructional facility space standards. A school district board of trustees shall approve compliance with this method or the method of compliance described in subsection (h) of this section before the commencement of design development for a capital improvement project for an instructional facility. A school district may use the qualitative method of compliance for a capital improvement project only if the board of trustees has prior documented approval of one or more instructional or operational practices for the proposed project that distributes or manages student capacity in an innovative or non-traditional manner. Prior to approving the qualitative method of compliance, all instructional and operational practices applicable to the proposed project must have been documented and approved by the school district board of trustees to demonstrate compliance with the requirements in this subsection.

  (1)To satisfy this method of compliance, the project shall meet the minimum total square footage based on the campus's flexibility level as specified in subsection (h)(2) of this section, the SF per student as specified in subsection (h)(3) of this section, and the adjusted maximum instructional capacity of the campus. The minimum aggregate square footage required may be comprised of the following:

    (A)mathematics, English/language arts, and history/social studies classrooms;

    (B)combination science classrooms/laboratories;

    (C)science classrooms, if the separate science classroom and laboratory layout is used;

    (D)special education classrooms;

    (E)collaboration areas; and

    (F)elective classrooms or laboratories under the following circumstances:

      (i)if the elective program necessitates a SF per student in excess of the value specified in subsection (h)(3) of this section, a maximum of total square feet for the space shall be used that is equal to the value specified in subsection (h)(3) of this section multiplied by the maximum number of students that shall be safely served in that classroom or laboratory at a time;

      (ii)if the elective classroom or laboratory is used between 51-100% of the school day, at a factor of 1; and

      (iii)if the elective classroom or laboratory is used between 0-50% of the school day, at a factor of .5.

  (2)Gymnasiums may not be used to satisfy this method of compliance. Cafeterias and library space may be used to satisfy this method of compliance and shall be treated like an elective space under paragraph (1)(F) of this subsection.

(j)Construction quality standards.

  (1)Construction code requirements. A capital improvement project for a school facility must reasonably comply with the following construction code requirements.

    (A)Projects located outside of a municipal jurisdiction in the unincorporated area of a county must reasonably comply with the following requirements.

      (i)Where projects are located in a county that does not have an adopted general building code, projects must reasonably comply with the International Building Code and the Existing Building Code, as published by the International Code Council, as they existed on May 1, 2003. Where projects are located in a county that has an adopted general building code, projects must reasonably comply with the adopted general building code and any chapters that were not adopted or removed entirely by amendment from the adopted model 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 reasonably 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 county that does not have an adopted mechanical code, projects must reasonably comply with the International Mechanical Code, as published by the International Code Council, as it existed on the same date that the applicable International Building Code was published. Where projects are located in a county that has an adopted mechanical code, projects must reasonably comply with the adopted mechanical code.

      (iii)Where projects are located in a county 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 (relating to Purpose). Where projects are located in a county that has an adopted fire code, projects must reasonably comply with the adopted fire code.

      (iv)Where projects are located in a county 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) (relating to Code Requirements) in accordance with TOC, Chapter 1301. Where projects are located in a county that has an adopted plumbing code, projects must reasonably comply with the adopted plumbing code.

      (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.

Cont'd...

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