Regulation – x
Adopted – 5/7/1998
The Superintendent or designee shall periodically evaluate the adequacy and design of existing district facilities to determine whether they meet the needs of the instructional program, provide a healthful and pleasing environment for students and staff, and fulfill legal requirements for safety and structural soundness, accessibility to the disabled, and energy conservation.
When evaluating existing buildings, the Superintendent or designee shall arrange for the preaudit and postaudit of school buildings by utility companies or independent energy audit firms to the extent that these services are available. Information provided by these services shall be used to determine the cost of retrofitting the buildings and the savings which may result from adding insulation, making design modifications, or using other energy-conserving devices. The district may contract with qualified businesses capable of retrofitting these buildings and may borrow funds which do not exceed the amount of energy savings to be accumulated from the improvement of the buildings. (Education Code 17901-17903)
In the event that the Department of General Services or any licensed structural engineer or licensed architect finds and reports to the Governing Board that a district building is unsafe for use, the Superintendent or designee shall immediately obtain an estimate of the cost of repairs or reconstruction necessary to bring the building up to legal standards for structural safety. The Board shall establish a system of priorities for the repair, reconstruction or replacement of unsafe school buildings. (Education Code 39212)
Education Code 39141.10 authorizes the district, under certain circumstances, to request a waiver of the requirements of Education Code 39140-39159 and 39210-39232 for portable school buildings. SB 291 (Ch. 655, Statutes of 1995) amended Education Code 39141.10 and added Education Code 39141.11, extending the time period under which certain portables may be used and discontinuing the waiver
process effective September 30, 1997. After that date, nonconforming portables built after December 19, 1979 may be used until September 30, 2007 if they meet specified conditions, including compliance with Department of Housing and Community Development criteria and reinspection by the State Architect. In addition, on or before September 30, 2007, the Board must certify that any such portables it may have in use will no longer be used as school buildings.
EC 17900-903, 39140-159, EC 39210-232, 39212; GC 53097, 53097.5.
CSBA Date – 2/96