63A-5b-1202. Division authority over public school construction -- Construction standards.

861 words·~4 min read·/ut/title-63a/chapter-5b/63a-5b-1202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2026

(1)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing comprehensive standards for public school construction that shall include:

(a)minimum and maximum real property requirements;

(b)cost per square foot parameters;

(c)building material quality and cost standards;

(d)parking and access requirements;

(e)standardized cost reporting requirements;

(f)mandatory plan review and approval procedures;

(g)qualified reviewer certification requirements;

(h)a process for permitting of public school construction in accordance with Section 63A-5b-1218 ;

(i)a process for a school district to report project related issues;

(j)other construction related requirements;

(k)transition and replacement of existing State Board of Education rules related to school construction;

(l)facility condition assessment requirements, including:

(i)frequency of assessments;

(ii)qualifications for third-party engineering firms conducting assessments;

(iii)standardized assessment methodologies; and

(iv)reporting and database requirements;

(m)building maintenance standards for public school facilities;

(n)building commissioning requirements, including:

(i)commissioning scope and procedures;

(ii)qualified commissioning agent requirements;

(iii)functional performance testing standards;

(iv)commissioning documentation and closeout requirements; and

(v)ongoing commissioning for major building systems;

(o)construction delivery method criteria and approval procedures consistent with Section 63G-6a-1302 ;

(p)construction manager or general contractor use restrictions and oversight requirements in accordance with Subsections 63G-6a-1302(4) and (5);

(q)factors to be considered in selecting appropriate delivery methods under Subsection 63G-6a-1302(3) ;

(r)standards for school district coordination with municipalities and counties regarding school siting, traffic impacts, and site safety considerations; and

(s)cost matrix establishment and application, including:

(i)cost per square foot parameters by building type and region;

(ii)allowable cost ranges and variance thresholds;

(iii)factors for adjusting costs based on project complexity;

(iv)pre-construction approval procedures and timelines; and

(v)appeal procedures for cost matrix determinations.

(2)In developing the rules described in Subsection

(1), the division shall consider:

(a)project costs;

(b)location factors, including rural or urban setting and climate;

(c)projected student population growth or declines;

(d)specific needs of different school types and grade levels;

(e)year-round use requirements; and

(f)accessibility compliance under state and federal law.

(3)The division shall consult with:

(a)the fire marshal;

(b)the school construction liaison on educational programming needs and coordination of safety and security requirements;

(c)representatives from school districts; and

(d)architects, engineers, and construction professionals.

(4)As described in Section 63A-5b-1213 , the division may establish fee-for-service construction management programs to:

(a)provide professional construction oversight for a school district lacking internal capacity;

(b)ensure consistent application of standards across all projects;

(c)leverage state procurement expertise and economies of scale; and

(d)reduce compliance risks for complex projects.

(5)The division shall require an LEA to:

(a)review division rules and policies before beginning construction;

(b)demonstrate compliance with rules and policies as a condition of permit approval;

(c)use qualified, certified inspectors for all required inspections; and

(d)submit monthly construction reports through the online system described in Section 63A-5b-1207 .

(6)The school construction liaison, in coordination with the School Safety Center established under Section 53G-8-802 and the state security chief appointed under Section 53-22-102 , shall:

(a)ensure compliance with mandatory safety and security standards established under Section 53-22-102 ;

(b)review construction plans to verify that proposed designs meet mandatory safety and security requirements;

(c)coordinate with the division regarding safety and security compliance before the division issues construction permits; and

(d)report safety and security compliance to the division as part of the plan approval process under Section 63A-5b-1205 .

(7)The division shall collaborate with the state fire marshal, state security chief, and local governmental entities to:

(a)examine plans and specifications for school buildings;

(b)verify inspections during and following construction; and

(c)perform other functions necessary to ensure compliance.

(8)In exercising oversight authority, the division shall recognize that:

(a)public school construction is typically funded through local bond measures approved by school district voters;

(b)school facilities are owned and operated by the school district;

(c)local communities have legitimate interests in facility design and construction decisions; and

(d)division oversight is intended to ensure standardized cost controls, compliance with safety, efficiency, and accountability standards while preserving appropriate local autonomy.

(9)The division may delegate oversight authority to qualified school districts as provided in Section 63A-5b-1217 .

(10)A school district may appeal division determinations under this section to the appeals panel established under Section 63A-5b-1221 .

(11)The division shall require:

(a)building commissioning for all new construction and major renovations exceeding $5,000,000, including:

(i)commissioning of mechanical, electrical, plumbing, and building envelope systems;

(ii)verification of system performance against design intent;

(iii)training of facility staff on commissioned systems; and

(iv)delivery of comprehensive commissioning documentation;

(b)facility condition assessments:

(i)every five years for all facilities over 20 years old;

(ii)conducted by qualified third-party architectural and engineering firms;

(iii)addressing all major building systems and components; and

(iv)integrated with the deferred maintenance reporting under Section 63A-5b-1210 .

Enacted by Chapter 225 , 2026 General Session