1. School Construction Training and Education May 4, 2011

2. SCHOOL CONSTRUCTION PERMITTING – REPORTING – INSPECTIONS – LICENSING – CERTIFICATION - FEES Session 2 (9:30 – 10:15 a.m.)

3. Must School Districts and Charter Schools follow USOE School Construction Guidelines? Yes, refer to: – Administrative Rule R277-471 – Utah Code 53A-20-104.5 – All other references notes.

4. Dispelling School Construction Myths. Aren’t Utah school districts and charter schools exempt from following school construction statues, rules, guidelines, and so forth? No, all school districts and ‘authorized’ public charter schools are required to comply.

5. Schools to be Housed in Former School District Schools: May still be required to renovate the facility prior to students occupy it. Often a school district closes an older school because of the cost to bring the building up to code.

6. Charter Schools Housed in Former Private Schools: Private schools aren’t under USOE oversight, and follow different rules, thus evidence will need to be provided showing the facility complied with the building code, before occupancy approval can be issued.

7. Construction Projects That Must be Reported to USOE? All federally funded construction projects and all over $99,999 including the following examples, but, not to be considered all inclusive: new buildings, additions, remodels, renovations, portable (relocatables/trailers) classrooms, playgrounds, roofing, parking, landscaping, HVAC upgrades, and so on.

8. Building Code Compliance Compliance is required with all current building codes and all State of Utah amendments to the codes : International Building Code International Plumbing Code International Energy Conservation Code International Mechanical code National Electrical Code International Fire Code See Utah Uniform Building Standard Act Rules: http://www.rules.utah.gov/publicat/code/r156/r156-56.htm http://www.rules.utah.gov/publicat/code/r156/r156-56.htm

9. Existing Facilities – Compliance as an ‘E’ (Education) Occupancy All schools are 'E' (Educational) occupancy classification. An existing facility of a different occupancy, converted to a school district or charter school facility, must be renovated to meet the appropriate requirements for the intended educational environment in the most comprehensive and cost effective manner.

14. Construction Performed by District Personnel – NOTE: All construction performed by school district personnel is required to be inspected as applicable. – The exemption of reporting projects less than $99,999 to USOE does not exempt school districts and charter schools from obtaining the required inspections.

15. School (Facility)Leasing Versus Owning Facilities: – Leased facilities are treated and considered the same as owned, thus must follow the same requirements, even if part of the lease agreement includes the lease holder paying the construction renovation costs.

16. Schools Located on State Property: Construction projects for schools located on property, owned by the State of Utah, must comply with the most stringent requirement(s) between USOE and DFCM (Division of Facilities Construction & Management).

17. Reporting Renovations of Existing Facilities There is no differentiation between reporting requirements for new facilities as opposed existing facilities being renovated, remodeled, added to, etc. Refer to the ‘Pre-Construction Checklist’ and the ‘Active Construction and Closeout Checklist.’

18. Pre- Construction Checklist

19. Active Construction and Project Closeout Checklist

20. Basis for Requirements of Building Codes The overall requirements of building codes are based the very minimum level of construction to maintain life – safety for occupants. This means that changes to codes and added requirements are generated because of previous injuries and/or loss of life. This is why it is imperative to adhere to all requirements.

21. Construction Procurement Requirements Although financing may come from an investor for the facility, the investor(s) cannot select the architect and design team and the construction team through typical processes used in the private sector.

22. School Construction must be procured competitively, even if there is an established report with an architect, engineer, contractor, developer, etc., from previous construction, the investor(s) have a preference and/or established relationship with design professionals, contractors, etc. School Construction Competitive Procurement:

23. Construction Procurement Requirements continued… The school districts and charter schools are responsible for and should have oversight of all phases of construction, including procurement of services by following proper procedures through an advertised SOIQ (Statement of Interest and Qualifications) for the design team (architect/engineer) and then a separate advertisement using an RFP for the contractor.

24. School districts and charter schools are required to select design professions using the SOIQ (Statement of Interest and Qualifications) process. Selection of Design Professionals (Architects and Engineers):

25. Two step procurement process used to select design professionals: – Step One: Process of determining qualified design professionals to perform the work requested. Fee cannot be part of selection. – Step Two: Negotiation process starting with the most qualified offeror to obtain design professionals. (R33) SOIQ Process:

26. The RFP (Request for Proposal) process must be used to obtain contractors. Fee must be a minimum of 30% of the selection criteria. (R33 & the Utah State Purchasing RFP Manual). RFP Processes

27. Following competitive procedures is legally required and is also considered to be good business practice and fiscally responsible. Not following competitive practice in this market is foolish and will most likely not produce the best price nor the best end product. School Construction Competitive Procurement:

28. Involvement in Construction Procurement Processes Those involved in the selection process must have the knowledge related to construction to properly evaluate proposals. Assistance in these processes can be obtained through USOE. All selection committee members must sign a conflict of interest and confidentiality statement, prior to participating in the selection process.

29. Building Officer/ Building Official Respon- sibilities Work with Architect(s) & Engineer(s) Throughout Project Hire & Oversee Inspections & Testing Reports Monthly Obtain all Required Construction Approvals Ensure Compliance with all Procurement and Building Codes, Rules, etc. Submit & Report to USOE & Local Jurisdictions Submit all Active & Closeout Document- ation

30. School District Building Officials All school districts are required to have a designated 'School District Building Official,' even when construction is not occurring, who not only is responsible to ensure construction processes are adhered to, but also receive updates, information, announcements, training and so forth, related to school construction and facility safety.

31. Charter School Building Officers All charter schools are required to have a designated 'Charter School Building Officer,' even when construction is not occurring, who not only is responsible to ensure construction processes are adhered to, but also receive updates, information, announcements, training and so forth, related to school construction and facility safety.

32. Charter School Building Officer: Charter School Building Officers must be hired by the charter school and cannot be an employee of the contractor, developer, design professional, etc. (R277-471).

33. Charter School Building Officer: http://www.rules.utah. gov/publicat/code/ r277/r277-471.htm

34. School Construction Required to be Registered: School districts and charter schools must file construction projects with the online State Construction Registry (SCR), including the following: Notices of Commencement Preliminary Notices Notices of Completion http://www.scr.utah.gov/

35. SP-4 and SP-5 Forms required to be submitted prior to any construction commencing.

36. Inspectors and Plan Reviewers: Do school districts and charter schools have to obtain licensed inspections and testing? – Yes, all required inspections and reviews must be performed by inspectors currently ICC licensed and/or certified in Utah. – Unlike local jurisdictions all required reviews must be performed by individuals holding current certification(s) through the International Code Council.

37. Methods for School Construction Inspections: School districts and charter schools may employ one of three methods for school construction inspection: (1) An independent, properly licensed and certified building inspector; (2) a properly licensed and certified building inspector, employed by the school district; or (3) a properly licensed and certified building inspector approved by the local jurisdiction in which the construction activity occurs.

38. Inspectors and Plan Reviewers: Inspections and reviews can only be performed by those having the proper licensing and/or certification in the applicable field, for example: – ICC Commercial Building Inspector providing building inspections; – ICC Commercial Combination Inspector providing all building, mechanical, plumbing and electrical inspections.

39. School Districts and Charter Schools Cannot be Required to Obtain a Building Permit Utah Law allows for school districts and charter schools to be charged only the actual cost of inspections Local jurisdictions who provide inspections, cannot require schools to obtain nor be charged for a building permit. If the local jurisdiction chooses to issue a building permit for tracking purposes, they may do so, but cannot charge for it.

40. Affected Local Government Notification: 53A-20-108 (1) (a)…notify the affected local governmental entity without delay prior to the purchase of a school site or construction of a school building of its intent to purchase or construct.

41. A Municipality or County May: Subject a school district or charter school to standards within each zone pertaining to setback, height, bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction staging; and

42. A Municipality or County May: Continued… Impose regulations upon the location of a project that are necessary to avoid unreasonable risks to health or safety. The standards to which a municipality may subject a school district or charter school shall be objective standards only and may not be subjective.

43. Building Permits Continued… Impose regulations upon the location of a project that are necessary to avoid unreasonable risks to health or safety. The standards to which a municipality may subject a school district or charter school shall be objective standards only and may not be subjective.

44. A Municipality or County May: Continued… Deny or withhold approval of a school district or charter school's land use application based on a school district or charter school's failure to comply with a standard imposed in Code.

45. A Municipality or County May: Continued… Nothing may be construed to relieve a school district or charter school of an obligation to comply with a requirement of an applicable building or safety code to which it is otherwise obligated to comply.

46. A Municipality or County May Not: Impose requirements for landscaping, fencing, aesthetic considerations, construction methods or materials, additional building inspections, municipal building codes, building use for educational purposes, or the placement or use of temporary classroom facilities on school property;

47. A Municipality or County May Not: Continued… Except as otherwise provided in this section, require a school district or charter school to participate in the cost of any roadway or sidewalk, or a study on the impact of a school on a roadway or sidewalk, that is not reasonably necessary for the safety of school children and not located on or contiguous to school property, unless the roadway or sidewalk is required to connect an otherwise isolated school site to an existing roadway;

48. A Municipality or County May Not: Continued… Provide for inspection of school construction or assess a fee or other charges for inspection, unless the school district or charter school is unable to provide for inspection by an inspector, other than the project architect or contractor, who is qualified under criteria established by the state superintendent;

49. A Municipality or County May Not: Continued… Require a district or charter school to pay fees not authorized…; Require a school district or charter school to pay any impact fee for an improvement project unless the impact fee is imposed as provided in Title 11, Chapter 36, Impact Fees Act.

50. A Municipality or County May Not: Continued… Impose regulations upon the location of an educational facility except as necessary to avoid unreasonable risks to health or safety; or for a land use or a structure owned or operated by a school district or charter school that is not an educational facility but is used in support of…

51. A Municipality or County May Not: Continued… providing instruction to pupils, impose a regulation that: – is not imposed on a similar land use or structure in the zone in which the land use or structure is approved; or – uses the tax exempt status of the school district or charter school as criteria for prohibiting or regulating the land use or location of the structure.

52. Inspectors and Plan Reviewers: Verification of licensing and certification (for commercial construction) is the responsibility of the building official/building officer: – DOPL Inspector Licensing Verification: https://secure.utah.gov/llv/sear ch/index.html;jsessionid=0661 95735bce209b79e57aa9d9a5 https://secure.utah.gov/llv/sear ch/index.html;jsessionid=0661 95735bce209b79e57aa9d9a5

53. Inspectors and Plan Reviewers: Verification of licensing and certification is the responsibility of continued… – International Code Council Plan Reviewer & Inspector Verification: https://av.iccsafe.org/EWEB/Dy namicPage.aspx?Site=icc&WebK ey=b7afd990-2e14-4013-a186- aeb405641a95&FromSearchCont rol=Yes https://av.iccsafe.org/EWEB/Dy namicPage.aspx?Site=icc&WebK ey=b7afd990-2e14-4013-a186- aeb405641a95&FromSearchCont rol=Yes

54. Building Inspectors : The independent building inspector shall: Not be an employee of the architect, contractor, developer or any subcontractor on the project; Shall be hired by and a representative of the school district or charter school.

55. Compliance with ADA Guidelines: School design is must comply with the ADA (Americans with Disabilities Act) guidelines and the International Building Codes (applying whichever is more stringent). Design professional may prefer using ANSI Standards for accessibility, which is not appropriate for school design.

56. Americans With Disability Act (ADA) Effective March 11, 2011: 2010 ADA Standards

57. Playground Safety: Along with ADA, school playgrounds must comply with this: – http://www.scho ols.utah.gov/fina nce/Facilities/Sc hool-Facility- Safety.aspx http://www.scho ols.utah.gov/fina nce/Facilities/Sc hool-Facility- Safety.aspx

58. SP-8 Forms required to be submitted monthly along with all supporting documentation (inspections and test reports).

59. Final Inspections & Certificate of Occupancy Fire Marshal ‘Certificate of Fire Clearance’ and Inspector of Record ‘Final Inspection’ are not the ‘Certificate of Occupancy’.

60. School Construction Closeout continued… All Required Documentation Must be Submitted Before Issuance of Certificate of Occupancy and Facility Can Legally Be Occupied!

61. School Construction Closeout

62. Impact Fees for Existing Facilities Impact fees for additions to existing facilities can only be based on the increased usage, not the entire facility: For example, a school was originally constructed with an occupant load of 500, and plans to increase the occupant load with added space constructed to 650. Any impact fee(s) imposed could only be based on the added occupants.

63. School Impact Fee Disputes Property Rights Ombudsman – Brent Bateman bbateman@utah.gov (801) 530-6391

64. Child Access Routing Plans School districts and charter schools should be aware of possible hazards in determining their ‘Child Access Routing Plans,’ as requiring students to use a route which is hazardous (such as walking by an open and unfences canal, on a very busy or high speed limit street/road may end up requiring participating in cost or responsibility to provide measures to alleviate or reduce the hazards.

65. Local Jurisdiction Disputes/ Disagreements USOE can either assist or direct you to assistance.

66. Jenefer Youngfield jenefer.youngfield@schools.utah.gov Office Phone 801.538.7669, Cell Phone 801.419.9482 School Finance Section - Facilities http://www.schools.utah.gov/finance/Facilities.aspx