2. School District Building Official
Charter School Building Officer
And
School Construction Inspection
Revised October 11, 2007
a. Selection and Role
The state adopted building code—Section 58-56-3—provides for local regulators for the regulation of construction, remodeling, alteration, building, and other activities. Local boards of education and local charter school boards are accountable to ensure that all school district and charter school permanent and temporary construction, renovation and inspection is conducted in accordance with the state adopted building code; 58-56-3(4) of the Utah Code states:
(4) "Compliance agency" means:
(a) an agency of the state or any of its political subdivisions which issues permits for construction regulated under the codes;
(b) any other agency of the state or its political subdivisions specifically empowered to enforce compliance with the codes; or
(c) any other state agency which chooses to enforce codes adopted under this chapter by authority given the agency under a title other than Title 58, Occupations and Professions.
School districts and charter schools are tasked with assigning a person to be responsible for code enforcement issues. State Board of Education Administrative Rule R277-471-3 "Oversignt of School Inspections" requires a School District Building Official and Charter School Board Building Officer to be appointed by each school board and charter school board:
A. Local boards of education and local charter school boards shall be accountable to ensure that all school district and charter school permanent or temporary construction, renovation, and inspection is conducted in accordance with the Code.
(1) Local school boards shall appoint a School District Building Official (SDBO) who has direct administrative and operational control of all construction, renovation, and inspection of public school district facilities within the school district and shall provide in writing the name of the SDBO to the USOE.
(2) Charter school boards shall be accountable to the State Charter School Board and the Board to ensure that all charter school permanent or temporary construction, renovation, and inspection is conducted in accordance with the Code. Each local charter school board shall appoint a local charter school board building officer who has direct operational responsibility for construction, renovation, and inspection of the charter school. The local charter school board building officer shall report regularly to the local charter school board.
(a) The local charter school board shall provide the name of this officer in writing to the Superintendent.
(b) The local charter school board shall promptly notify the Superintendent in writing of any changes of this individual...
B. The SDBO shall monitor school district building construction to ensure compliance with the provisions of the Code.
C. The local charter school board building officer shall monitor all charter school building construction to ensure compliance with the provisions of the Code.
D. The SDBO and local charter school board building officer shall render interpretations of the Code for the school district or charter school. Such interpretations shall be in conformance with the intent and purpose of the Code, insofar as they are expressed in the Code or in legislative intent.
E. The SDBO and local charter school board building officer may adopt and enforce supplemental school district and charter school policies under appropriate school district and charter school policies to clarify the application of the provisions of the Code for school district and charter school personnel.
The State Office of Education is responsible for developing and publishing this School Construction Inspection Resource Manual. School district and charter school boards, administrators and other personnel are required to act consistent with this Resource Manual. Rule R277 471-7 states:
A. The USOE shall develop and distribute to each school district and charter school a Resource Manual.
B. The Resource Manual shall include process, legal requirements and resource information on school building construction and inspections.
C. The USOE shall review and, if necessary, update the Resource Manual annually.
D. The Board, local school boards, charter school boards, as well as school district and charter school personnel shall act consistent with the Resource Manual.
Local school boards shall appoint a School District Building Official (SDBO) who has direct administrative and operational control and responsibility for inspection of all new construction, building additions, and building renovations of public school district facilities within the school district and shall provide in writing the name of the SDBO to the State Office of Education (USOE). School districts must promptly notify USOE officials of any changes of this individual. The SDBO is also responsible for coordinating with local municipalities and counties and the State Office of Education to ensure that the appropriate documents are filed in a timely manner for all construction projects exceeding $99,999 in cost. See a current list of School District Building Officials (SDBOs) and Charter School Board Building Officers (CSBBOs).
Local school boards shall be accountable to the State Board of Education to ensure that all school dictrict permanent or temporary construction, renovation, and inspection is conducted in accordance with the state adopted building code (UCA 58-56-4) and in accordance with Administrative Code R392-200 “Design, Construction, Operation, Sanitation and Safety of Schools.
Charter school boards shall be accountable to the State Charter School Board and the State Board of Education to ensure that all charter school permanent or temporary construction, renovation, and inspection is conducted in accordance with the state adopted building code (UCA 58-56-4) and in accordance with Administrative Code R392-200 “Design, Construction, Operation, Sanitation and Safety of Schools. Each local charter school board shall appoint a local Charter School Board Building Officer (CSBBO) who has direct administrative and operational control and responsibility for inspection of all facilities new construction, building additions, and building renovations of the charter school. The local Charter School Board Building Officer shall report regularly to the local charter school board. The local charter school board shall provide the name of this building officer in writing to the State Office of Education and shall promptly notify USOE officials of any changes of this individual. The local Charter School Board Building Officer shall monitor all charter school building construction and inspection to ensure compliance with the provisions of the state adopted building code (UCA 58-56-4). The local Charter School Board Building Officer is also responsible for coordinating with local municipalities and counties and the State Office of Education to ensure that the appropriate inspection and construction documents are filed in a timely manner for all construction projects exceeding $99,999 in cost.
The School District Building Official and local Charter School Board Building Officer may adopt and enforce supplemental school district and charter school policies under appropriate school district and charter school policies to clarify the application of the provisions of the state adopted building code (UCA 58-56-4) for school district and charter school personnel. Such interpretations shall be in conformance with the intent and purpose of the building code insofar as they are expressed in the building code or in legislative intent. Further, in accordance with school district and charter school administrative procedures, and with the approval of the district school board or charter school board, school districts and charter schools may appoint such technical officers, inspectors, and other employees as shall be authorized from time to time. All ICC (International Code Council)-certified and Utah state licensed inspectors inspecting school district or charter school construction projects must be Class I licensed (large commercial) for the category(s) for which they are licensed to inspect. The School District Building Official (SDBO) or Charter School Board Building Officer (CSBBO) may deputize such inspectors or employees as may be necessary to carry out the functions of the school district or charter school as the local regulator.
If a school district or charter school is unable to provide appropriate and proper school construction inspection services, the State Superintendent of Public Instruction may provide for inspection services from a list of inspectors determined by the Superintendent and charge the school district or charter school for those services. Fees shall be established in advance of inspection services.
b. Coordination
Because school district and charter school construction can have a significant impact on such things as local truck, automobile and school bus traffic movement patterns, the location of utilities and other infrastructure components supporting schools, and planning and zoning ordinances within a community or neighborhood; prior to developing plans and specifications for a new public school, or the expansion of an existing public school, school districts and charter schools shall coordinate with affected local governmental land use authorities and utility providers [See 53A-20-108 of the Utah Code]. School districts and charter schools must also ensure that the siting or expansion of a school in the intended location will comply with applicable local government general plans and will not conflict with entitled land uses [See 10-9a-305 (2) (a) and (b) and 10-9a-406 of the Utah Code]. In addition, districts and charters must ensure that all local government services and utilities required by the school construction activities can be provided in a logical and cost-effective manner and that potential traffic hazards—including consideration of the impacts between the new school and future roadways—are avoided or appropriately mitigated.
Prior to developing plans and specifications for a new school or the expansion of an existing school, school districts and charter schools must also coordinate with local health department officials, the State Fire Marshal, State Department of Environmental Quality and/or the federal Environmental Protection Agency, as well as the Utah Geological Survey.
To ensure that geologic and seismic hazards are considered at all proposed school district and charter school sites, Utah Geological Survey (UGS) recommends the following:
● Prior to purchase or design, have UGS perform an initial “screening” of the site for geological hazards.
● Once a site is chosen, require that a qualified geo-technical consultant include in a technical investigation a complete site-specific geologic-hazards evaluation.
● Submit the geo-technical consultant’s report to UGS for review; UGS will evaluate the adequacy of the report and submit a review letter with a checklist to the school district or charter school recommending either approval or further work.
Charter schools are considered a permitted use in all zoning districts within a municipality or county –except that if a municipality or county has designated zones for s_xually oriented businesses, or businesses which sell alcohol, a charter school may be prohibited from locations which would defeat the purpose of the zone, unless the charter school provides a waiver of liability for the government entity by the charter school local board in an open meeting. Each land use application for an approval required for a charter school, including an application for a building permit, must be processed on a first priority basis by municipalities and counties. Parking requirements for a charter school may not exceed the minimum parking requirements for traditional public schools of like size and grade levels or other institutional public uses throughout the municipality or county.
Before any school district or charter school construction project begins, school districts and charter schools must obtain a construction project number from the USOE and complete and submit construction project identification forms [Preliminary Information on Proposed School Facilities Construction--Form SP-4 (Microsoft Word) and Final Plans Data on Proposed School Facilities Construction--Form SP-5 provided by the USOE for all projects which exceed $99,999 in cost.
All school district and charter school plans and specifications must be approved by a properly licensed and certified plans examiner before any school district or charter school construction project begins. Nearly all municipalities and county building departments have at least one certified plans examiner on staff. Plans examiner certification verification may be obtained by checking the ICC Safe website [International Code Council]; go to “Certification and Testing”; go to “Search for an ICC Certified Code Professional”] to see what the disciplines and areas the inspector is qualified to inspect; look for “Building Plans Examiner”. In general, the least amount of information supplied for each search provides the best results; usually just put in the state and the last name of the inspector.
The School District Building Official (SDBO) and the local Charter School Board Building Officer (CSBBO) must also identify and provide to the State Office of Education and to the local government entity building official the total number of inspections with the name, state license number, when the license expires, and disciplines of each inspector. In addition, the SDBO and the CSBBO must ensure that each inspector is adequately and appropriately credentialed to do the inspections. [See Department of Occupational and Professional Licensing, Licensee Lookup and Verification or Utah Chapter of the International Code Council or the Bonneville Chapter of the International Code Council or the Beehive Chapter of the International Code Council]; or check the ICC Safe website [International Code Council]; go to “Certification and Testing”; go to “Search for an ICC Certified Code Professional”] to see what ICC certification the person has qualified for; look for “Building Inspector” or “Certified Building Official” or “Combination Inspector “, etc.
When the project is complete, the SDBO and the CSBBO must complete and sign the final Certificate of Inspection and Verification form [School Building Certificate of Inspection Verification--Form SP-11 ] (Microsoft Word), certifying all inspections were completed in compliance with the state adopted building code (UCA 58-56-4) and rule R277-471 “Oversight of School Inspections” (html/Microsoft Word) and complete and send the final completed Inspection Certification and Inspection form to the USOE and to the appropriate local government entity building official upon completion of the project.
(1) Public School District Construction Inspection
A public school district may employ one of three methods for school construction inspection [Utah Code 53A-20-104]:
(a) An independent, properly licensed and certified building inspector;
(b) A properly licensed and certified building inspector employed by the school district; or
(c) A properly licensed and certified building inspector approved by the local jurisdiction in which the construction activity occurs.
(a) Procedure for School District Using Independent Properly Licensed and Certified Building Inspector
(i) Monthly Inspection Summaries
The School District Building Official (SDBO) must provide, on a monthly basis during construction, a copy of each inspection certificate and a monthly inspection summary [Construction Inspection Summary Report - Form SP-8 (Microsoft Excel)] regarding the school building to the State Superintendent of Public Instruction and to the appropriate local governmental entity building official where the building is located for each project the exceeds $99,999 in cost. The SDBO must identify in the monthly summary reports the total number of inspections as well as the name, state license number and disciplines of the state licensed/certified inspectors performing the building inspections. Notwithstanding any local agreements between municipal and county building authorities and local school districts, all school districts must submit these reports each month, no later than the 15th of the month for the preceding month's activities. In addition, school districts must keep copies of all individual inspection documents at an identified location in the district for auditing and follow-up purposes. These reports may be paper or electronic.
The independent building inspector must not be an employee of the architect, contractor or any subcontractor on the project, must be approved by the applicable local government or school district building inspector, and must be properly licensed and certified to perform all of the inspections that the inspector is required to perform.
(ii) Final Inspection Certification
After completion of the project, the SDBO shall—upon completion of all required inspections of the school building—complete and file with the State Office of Education and the building inspector of the local jurisdiction in which the building is located, a completed School Building Certificate of Inspection Verification--Form SP-11 (Microsoft Word) and complete and file a Final Inspection Certification - Form SP-9 (Microsoft Excel), certifying that all inspections were completed in accordance with the state adopted building code (UCA 58-56-4).
(iii) Certificate of Occupancy
The school district must also seek a certificate authorizing permanent occupancy of the school building from the State Superintendent. Within 30 days after the school district files a request for the issuance of a certificate authorizing permanent occupancy of the school building, the Superintendent will either issue to the school district a certificate authorizing permanent occupancy of the school building [Certificate of Occupancy - Form SP-10--State Superintendent (Microsoft Excel)] or deliver to the local school board a written notice indicating the deficiencies in the school district’s compliance with the inspection findings and mail a copy of the certificate authorizing permanent occupancy or the notice of deficiency to the building official of the local government entity in which the school building is located. Upon the local school district filing of the completed Certificate of Inspection Verification and Final Inspection Certification forms and requesting the issuance of a certificate authorizing permanent occupancy of the school building with the State Office of Education, the school district is entitled to temporary occupancy of the school building for a period up to 90 days—beginning on the date the request is filed—if the school district has complied with all applicable fire and life safety code requirements.
Upon the school district remedying any inspection deficiencies and notifying the State Superintendent that the deficiencies have been remedied, following certification of the information, the State Superintendent will issue a certificate authorizing permanent occupancy of the school building [Certificate of Occupancy - Form SP-10--State Superintendent (Microsoft Excel)] and mail a copy of the certificate to the building official of the local governmental entity in which the school building is located authorizing permanent occupancy of the school building.
The State Superintendent may contract with any appropriately qualified entity or person(s) to provide inspection services that the Superintendent considers necessary to enable the Superintendent to issue a certificate authorizing permanent occupancy of the school district building. The State Superintendent may also charge the school district a fee—not to exceed the actual cost of performing the inspection(s)—for inspection services.
(b) Procedure for School District Using Properly Licensed and Certified School District Building Inspector
(i) Monthly Inspection Summaries
The School District Building Official (SDBO) must provide, on a monthly basis during construction, a copy of each inspection certificate and a monthly inspection summary [Construction Inspection Summary Report - Form SP-8 (Microsoft Excel)] regarding the school building to the State Superintendent of Public Instruction and to the appropriate local governmental entity building official where the building is located for each project the exceeds $99,999 in cost. The SDBO must identify in the monthly summary reports the total number of inspections as well as the name, state license number and disciplines of the state licensed/certified inspectors performing the building inspections. Notwithstanding any local agreements between municipal and county building authorities and local school districts, all school districts must submit these reports each month, no later than the 15th of the month for the preceding month's activities. In addition, school districts must keep copies of all individual inspection documents at an identified location in the district for auditing and follow-up purposes. These reports may be paper or electronic.
(ii) Final Inspection Certification
After completion of the project, the SDBO shall—upon completion of all required inspections of the school building—complete, sign and file with the State Office of Education and the building inspector of the local jurisdiction in which the building is located, a Certificate of Inspection Verification [School Building Certificate of Inspection Verification--Form SP-11] (Microsoft Word) and complete and file a Final Inspection Certification - Form SP-9 (Microsoft Excel),certifying that all inspections were completed in accordance with the state adopted building code (UCA 58-56-4).
(iii) Certificate of Occupancy
A school district may issue its own certificate authorizing permanent occupancy [Certificate of Occupancy - Form SP-10 (Microsoft Excel)] of a school building if it used building inspectors employed by the school district for inspections of the school buildings. The School District Building Official must mail a copy of the completed certificate to the State Office of Education as well as to the building official of the local governmental entity in which the school building is located authorizing permanent occupancy of the school building.
(c) Procedure for School District Using Properly Licensed and Certified Local Municipal or County Building Inspector
(i) Monthly Inspection Summaries
The School District Building Official (SDBO) must provide, on a monthly basis during construction, a copy of each inspection certificate and a monthly inspection summary [Construction Inspection Summary Report - Form SP-8 (Microsoft Excel)] regarding the school building to the State Superintendent of Public Instruction for each project the exceeds $99,999 in cost. The SDBO must identify in the monthly summary reports the total number of inspections as well as the name, state license number and disciplines of the state licensed/certified inspectors performing the building inspections. School districts must submit these reports no later than the 15th of each month for the preceding month's activities. In addition, school districts must keep copies of all individual inspections at an identified location in the district for auditing and follow-up purposes. These reports may be paper or electronic.
(ii) Final Inspection Certification
After completion of the project, the SDBO shall—upon completion of all required inspections of the school building—complete, sign and file with the State Office of Education and the building inspector of the local jurisdiction in which the building is located, a Certificate of Inspection Verification [School Building Certificate of Inspection Verification--Form SP-11] (Microsoft Word) and complete and file a Final Inspection Certification - Form SP-9 (Microsoft Excel),certifying that all inspections were completed in accordance with the state adopted building code (UCA 58-56-4).
(iii) Certificate of Occupancy
School districts which use properly licensed and certified local municipal or county building inspectors must seek a certificate authorizing permanent occupancy of a school building from the jurisdiction in which the building is located. A copy of the certificate of permanent occupancy must be filed with the State Office of Education.
(2) Charter School Construction Inspection
A charter school may employ one of three methods for school construction inspection [Utah Code 53A-20-104]:
(a) An independent, properly licensed and certified building inspector;
(b) A properly licensed and certified building inspector employed by a school district; or
(c) A properly licensed and certified building inspector approved by the local jurisdiction in which the construction activity occurs.
(a) Procedure for Charter School Using Independent Properly Licensed and Certified Building Inspector
(i) Monthly Inspection Summaries
The local Charter School Board Building Officer(CSBBO) must provide, on a monthly basis during construction, a copy of each inspection certificate and a monthly inspection summary [Construction Inspection Summary Report - Form SP-8 (Microsoft Excel)] regarding the school building to the State Superintendent of Public Instruction and to the appropriate local governmental entity building official where the building is located for each project the exceeds $99,999 in cost. The charter school must identify in the monthly summary reports the total number of inspections as well as the name, state license number and disciplines of the state licensed/certified inspectors performing the building inspections. Notwithstanding any local agreements between municipal and county building authorities and the charter school, all charter schools must submit these reports each month, no later than the 15th of the month for the preceding month's activities. In addition, charter schools must keep copies of all individual inspection documents at an identified location at the charter school for auditing and follow-up purposes. These reports may be paper or electronic.
The independent building inspector must not be an employee of the architect, contractor or any subcontractor on the project, must be approved by the applicable local government or school district building inspector, and must be properly licensed and certified to perform all of the inspections that the inspector is required to perform.
(ii) Final Inspection Certification
After completion of the project, the local Charter School Board Building Officer shall—upon completion of all required inspections of the school building—complete and file with the State Office of Education and the building inspector of the local jurisdiction in which the building is located, Certificate of Inspection Verification [School Building Certificate of Inspection Verification--Form SP-11 ] (Microsoft Word) and complete and file a Final Inspection Certification - Form SP-9 (Microsoft Excel), certifying that all inspections were completed in accordance with the state adopted building code (UCA 58-56-4 ).
(iii) Certificate of Occupancy
The charter school board must also seek a certificate authorizing permanent occupancy of the school building from the State Superintendent. Within 30 days after the charter school board files a request for the issuance of a certificate authorizing permanent occupancy of the school building, the Superintendent will either issue to the charter school board a certificate authorizing permanent occupancy of the school building or deliver to the charter school board a written notice indicating the deficiencies in the charter school’s compliance with the inspection findings and mail a copy of the certificate authorizing permanent occupancy or the notice of deficiency to the building official of the local government entity in which the school building is located.
Upon the charter school board’s filing of the completed Verification [School Building Certificate of Inspection Verification--Form SP-11] (Microsoft Word) and complete and file a Final Inspection Certification - Form SP-9 (Microsoft Excel) forms and requesting the issuance of a certificate authorizing permanent occupancy of the school building with the State Office of Education and the building official of the local governmental entity in which the school building is located, the charter school is entitled to temporary occupancy of the school building for a period up to 90 days—beginning on the date the request is filed—if the charter school has complied with all applicable fire and life safety code requirements.
Upon the charter school board remedying any inspection deficiencies and notifying the State Superintendent that the deficiencies have been remedied, following certification of the information, the State Superintendent will issue a certificate authorizing permanent occupancy of the school building [Certificate of Occupancy - Form SP-10--State Superintendent] (Microsoft Excel) and mail a copy of the certificate to the building official of the local governmental entity in which the school building is located authorizing permanent occupancy of the school building.
The State Superintendent may contract with any appropriately qualified entity or person(s) to provide inspection services that the Superintendent considers necessary to enable the Superintendent to issue a certificate authorizing permanent occupancy of the charter school building. The State Superintendent may also charge the charter school a fee—not to exceed the actual cost of performing the inspection(s)—for inspection services.
(b) Procedure for Charter School Using Properly Licensed and Certified School District Building Inspector
(i) Monthly Inspection Summaries
The local Charter School Board Building Officer (CSBBO) must provide, on a monthly basis during construction, a copy of each inspection certificate and a monthly inspection summary [Construction Inspection Summary Report - Form SP-8 (Microsoft Excel)] regarding the school building to the State Superintendent of Public Instruction and to the appropriate local governmental entity building official where the building is located for each project the exceeds $99,999 in cost. The charter school must identify in the monthly summary reports the total number of inspections as well as the name, state license number and disciplines of the state licensed/certified inspectors performing the building inspections. Notwithstanding any local agreements between municipal and county building authorities and the charter school, all charter schools must submit these reports each month, no later than the 15th of the month for the preceding month's activities. In addition, charter schools must keep copies of all individual inspection documents at an identified location at the charter school for auditing and follow-up purposes. These reports may be paper or electronic.
(ii) Final Inspection Certification
After completion of the project, the charter school—upon completion of all required inspections of the school building—may seek a certificate of occupancy from the School District Building Official of the school district providing the inspection services. If the charter school seeks a certificate of occupancy from the School District Building Official, the SDBO must complete, sign and file with the State Office of Education and the building inspector of the local jurisdiction in which the building is located, a Certificate of Inspection Verification [School Building Certificate of Inspection Verification--Form SP-11] (Microsoft Word) and complete and file a Final Inspection Certification - Form SP-9 (Microsoft Excel),certifying that all inspections were completed in accordance with the state adopted building code (UCA 58-56-4).
(iii) Certificate of Occupancy
A certificate authorizing permanent occupancy [Certificate of Occupancy - Form SP-10 (Microsoft Excel)] issued by a School District Building Official—with authority to issue the certificate—shall satisfy any municipal or county requirement of an inspection or a certification of occupancy. The School District Building Official must mail a copy of the certificate to the State Office of Education as well as to the building official of the local governmental entity in which the school building is located authorizing permanent occupancy of the school building.
(c) Procedure for Charter School Using Properly Licensed and Certified Local Municipal or County Building Inspector
(i) Monthly Inspection Summaries
The local Charter School Board Building Officer must provide, on a monthly basis during construction, a copy of each inspection certificate and a monthly inspection summary [Construction Inspection Summary Report - Form SP-8 (Microsoft Excel)] regarding the school building to the State Superintendent of Public Instruction for each project the exceeds $99,999 in cost. The charter school must identify in the monthly summary reports the total number of inspections as well as the name, state license number and disciplines of the state licensed/certified inspectors performing the building inspections. Charter schools must submit these reports no later than the 15th of each month for the preceding month's activities. In addition, charter schools must keep copies of all individual inspections at an identified location at the charter school for auditing and follow-up purposes. These reports may be paper or electronic.
(ii) Final Inspection Certification
After completion of the project, the local Charter School Board Building Officer shall—upon completion of all required inspections of the school building—obtain and file with the State Office of Education and the building inspector of the local jurisdiction in which the building is located, a completed Certificate of Inspection Verification [School Building Certificate of Inspection Verification--Form SP-11] (Microsoft Word) and complete and file a Final Inspection Certification - Form SP-9 (Microsoft Excel), certifying that all inspections were completed in accordance with the state adopted building code (UCA 58-56-4).
(iii) Certificate of Occupancy
Charter schools which use properly licensed and certified local municipal or county building inspectors must seek a certificate authorizing permanent occupancy of a school building from the jurisdiction in which the building is located. A copy of the certificate of permanent occupancy must be filed with the State Office of Education.
A municipality or county may subject a charter school to standards within each zone pertaining to setback, height, bulk and massing regulations, off-site parking, curb cut, traffic circulation, geological or environment hazard and construction staging. The standards to which a municipality or county may subject a charter school must be objective standards and may not be subjective to the municipality or county.
(3) School Construction Limitations on Municipalities and Counties
A municipality or county may not require school districts or charter schools to landscape, fence make aesthetic improvements, use specific construction methods or materials, impose requirements for buildings used only for educational purposes, or place limitations prohibiting the use of temporary classroom facilities on school property [Utah Code Section 10-9a-305] and [Utah Code Section 17-27a-305]. All temporary classroom facilities must be properly inspected to meet the state adopted building code (UCA 58-56-4).
Municipalities and counties may not require a school district or charter school to participate in the cost of a roadway or sidewalk, or a study of 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 public school or an existing roadway [Utah Code Section 10-9a-305] and [Utah Code Section 17-27a-305].
In addition, a municipality or county may not require a school district or charter school to pay fees not authorized under 10-9a-305 [Other entities required to conform to municipality's land use ordinances--Exceptions--School districts and charter schools] or 17-27a-305 [Other entities required to conform to county's land use ordinances--Exceptions--School districts and charter schools].
Municipalities and counties may not require 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 properly licensed and certified inspectors, other than the project architect, contractor or subcontractors.
In addition, municipalities and counties may not require school districts and charter schools to pay any impact fee for an improvement project that is not reasonably related to the impact of the new school project upon the need that the improvement is to address.
A municipality or county may not impose regulations upon the location of a school district or charter school project except as necessary to avoid unreasonable risks to health or safety of students.
A municipality or county may, at its discretion, schedule a time with school district or charter school officials to provide a walk-through of school construction at no cost and at a time convenient to the school district or charter school and provide recommendations based on the walk-through.
c. Responsibilities
All construction or renovation of buildings which a school district or charter school is responsible for and for which the school district or charter school authorizes work shall be subject to inspection by or under the administrative and direct operational control of the local School District Building Official (SDBO) or the local Charter School Board Building Officer (CSBBO). All such construction work shall remain accessible and exposed for inspection purposes until approved by a building inspector appropriately state licensed and certified under provisions of the state-adopted building code (UCA 58-56-4). In addition, certain continuous inspections, special inspections, as well as structural tests and inspections, are required as indicated in the Plan Development section of this manual.
(1) Inspection Records
No construction or renovation work shall be commenced until the school district or charter school has posted or otherwise made available an inspection record form such as to allow the building inspector to conveniently make the required entries regarding inspection of the work. This form shall be maintained and made available by the school district or charter school until final approval has been granted.
The School District Building Official (SDB0) or local Charter School Board Building Officer (CSBBO) is responsible for ensuring all inspections are performed by appropriately licensed inspectors. The SDBO and CSBBO should visit the state Division of Occupational and Professional Licensing (DOPL) website or the International Code Council website to verify that the inspector performing the inspection is licensed in the state of Utah. To check through the state DOPL web site, go to Utah State Division of Occupational and Professional Licensing];go to “Licensing”; go to “Verify a License”; select “Building Inspector”; verify the license type by searching by license number to get more detail]). Then the SDBO and CSBBO should visit the ICC Safe website [International Code Council]; go to “Certification and Testing”; go to “Search for an ICC Certified Code Professional”] to see what the disciplines and areas the inspector is qualified to inspect. In general, the least amount of information supplied for reach search provides the best results; usually just put in the State and the last name of the inspector.
(2) Inspection Requests
It shall be the duty of the person doing the work authorized by the school district or charter school to notify the School District Building Official (SDBO) or the or local Charter School Board Building Officer (CSBBO) that such work is ready for inspection. The SDBO or the CSBBO may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing, facsimile transmission, electronic mail transmission, or by telephone at the option of the SDBO or CSBBO.
It shall be the duty of the person requesting any inspections required by the state-adopted building code (UCA 58-56-4) to provide access to and means for inspection of such work.
(3) Approval Required
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building inspector. The inspector, upon notification, shall make the requested inspections and shall either indicate that the inspected portion of the construction is satisfactory as completed, or shall notify the School District Building Official (SDBO) or local Charter School Board Building Officer (CSBBO) that the inspected portion fails to meet the standards of the state-adopted building code (UCA 58-56-4). Any portions that do not meet the standards shall be corrected and such portion shall not be covered or concealed until re-inspected and approved by the inspector.
The state adopted building code requires that there shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.
|