The board shall ensure that each school building that is two or more stories shall have such fire escapes as are required by law.
Health and Safety Code 791.002, 791.035, 791.036
Construction and renovation of TSBVI buildings will be in accordance with all federal and state standards applicable to TSBVI, including the provisions of Texas Government Code Chapter 2166.
READILY ACCESSIBLE PROGRAMS
No qualified individual with a disability shall, because of the School’s facilities are inaccessible to, or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, and activities of the School, or be subject to discrimination. 42 U.S.C. 12132; 28 CFR 35.149; 29 U.S.C. 794; 34 CFR 104.21
The School shall operate each program, service, or activity so that when viewed in its entirety it is readily accessible to, and usable by, individuals with disabilities. The School is not, however, required to make each existing facility, or every part of a facility, accessible to, and usable by, individuals with disabilities.
Compliance with these requirements may be achieved by:
- Redesigning equipment.
- Reassigning classes, or other services, to accessible buildings.
- Assigning aides to qualified individuals with disabilities.
- Home visits.
- Delivery of services at alternate accessible sites.
- Alteration of existing facilities.
- Constructing new facilities that comply with 34 C.F.R. 104.23 and 28 C.F.R. 35.151.
- Any other methods that would result in making services, programs and activities accessible to individuals with disabilities.
Structural changes in existing facilities need not be made when other methods will achieve compliance with Title II of the Americans with Disabilities Act and its implementing regulation. In choosing among available alternatives for meeting these requirements, the Board shall give priority to methods that offer services, programs and activities to qualified individuals with disabilities in the most integrated setting appropriate.
28 C.F.R. 35.150; 34 C.F.R. 104.22
Review of Plans
All plans and specifications for construction or for the substantial renovation, modification, or alteration of a School building or facility that has an estimated construction cost of $50,000 or more shall be submitted to the Department of Licensing and Regulation for review and approval. The School as owner of the building or facility may not allow an application to be filed with a local governmental entity for a building construction permit related to the plans and specifications or allow construction, renovation, modification, or alteration of the building or facility to begin before the date the plans and specifications are submitted to the Department by the architect, interior designer, landscape architect, or engineer.
The School as owner of each building or facility that has an estimated construction, renovation, modification, or alteration cost of at least $50,000 is responsible for having the building or facility inspected for compliance with the standards and specifications adopted by the Commission of Licensing and Regulation not later than the first anniversary of the date that construction or substantial renovation, modification, or alteration of the building or facility is completed. The inspection must be performed by the Department, an entity with whom the Commission contracts, or a person who holds a certificate of registration to perform inspections.
Govt Code 469.101, 469.102(c), 469.105
Any interested person, including those with impaired vision and hearing, can obtain information as to the existence and location of TSBVI services, activities, and facilities that are accessible to, and usable by, handicapped persons by contacting the TSBVI Superintendents Office. 34 C.F.R. 104.22(f)
Public funds may not be used to purchase playground equipment, or surfacing, for the area under and around the equipment if either purchase does not substantially comply with each applicable provision of the Handbook for Public Playground Safety, published by the U. S. Consumer Product Safety Commission.
Public funds may be used to maintain playground equipment, or surfacing, that was purchased before September 1, 1997, even if they do not comply with the Playground Safety Handbook.
Health and Safety Code 756.061
OUTDOOR LIGHTING FIXTURES
An outdoor lighting fixture that is designed, installed, or replaced on or after September 1, 1999, may be installed, replaced, maintained, or operated using state funds only if the fixture meets the specific energy conservation and light pollution standards in Health and Safety Code Chapter 425.
The standards for state-funded outdoor lighting fixtures do not apply when:
- Preempted by federal law, rule, or regulation;
- Emergency personnel temporarily require additional illumination for emergency procedures;
- The lighting fixture is used temporarily for nighttime work;
- Special events or circumstances require additional illumination;
- The fixture is used solely to enhance the aesthetic beauty of an object; or
- A compelling safety interest cannot be addressed by another method.
TEST OF NATURAL GAS PIPING
At least every two years, before the beginning of the school year and in strict compliance with the time frames established by Railroad Commission rule, the School shall pressure test the natural gas piping system in each School facility. The testing may be performed on a two-year cycle under which the School pressure tests the natural gas piping system in approximately one-half of the facilities each year. If the School operates one or more School facilities on a year-round calendar, the pressure test in each of those facilities shall be conducted and reported not later than July 1 of the year in which the pressure test is performed.
Utilities Code 121.502; 16 TAC 8.230(c)(4)
Railroad Commission Rules
The Railroad Commission of Texas has adopted rules to enforce this policy. Each School facility described in Commission rules shall be tested in accordance with the procedures and timetables implemented by Commission rules.
16 TAC 8.230
Standards and Procedures
A test performed under a municipal code in compliance with Railroad Commission rules shall satisfy the pressure testing requirements. Utilities Code 121.502(d); 16 TAC 8.230(c)(1)
The pressure test shall determine whether the natural gas piping downstream of a School facility meter holds at least normal operating pressure over a specified period determined by the Railroad Commission. During the pressure test, each system supply inlet and outlet in the facility must be closed. The pressure test shall be performed by a person qualified in accordance with the testing procedures established by Railroad Commission rules. At the Schools request, the Railroad Commission shall assist the School in developing a procedure for conducting the test. Utilities Code 121.503; 16 TAC 8.230(c)(2), (3)
The School shall provide written notice to the Schools natural gas supplier specifying the date and result of each pressure test or other inspection. The supplier shall develop procedures for receiving such written notice from the School. Utilities Code 121.504(a); 16 TAC 8.230(c)(1)
Termination of Service
The supplier shall terminate service to a School facility if:
- The supplier receives official notification from the firm or individual conducting the test of a hazardous natural gas leakage in the facility piping system; or
- A test or other inspection is not performed as required.
Utilities Code 121.505(a)
The supplier shall develop procedures for terminating service to the School if:
- The natural gas supplier receives notification of a hazardous natural gas leak in the school facility piping system; or
- The natural gas supplier does not receive written notification from the School specifying the completion date and results of the testing.
16 TAC 8.230(b)(2)
An identified natural gas leakage in a School facility must be reported to the Board. The firm or individual conducting the natural gas piping test shall immediately report any hazardous natural gas leak in a School facility to Board and to the Schools natural gas supplier. Utilities Code 121.506; 16 TAC 8.230(c)(6)
LP-GAS SYSTEMS TESTING
At least biennially, the School shall perform pressure tests for leakage on the LP-gas piping system in each School facility before the beginning of the school year. The School may perform the pressure tests on a two-year cycle under which the tests are performed for the LP-gas piping systems of approximately half of the facilities each year. If the School operates one or more School facilities on a year-round calendar, the pressure test in each of those facilities must be conducted and reported not later than July 1 of the year in which the test is performed.
A test performed under a municipal code satisfies the pressure testing requirements.
Natural Resources Code 113.352; 16 TAC 9.41
Requirements of Test
The School shall perform the pressure test to determine whether the LP-gas piping system holds at least the amount of pressure specified by the National Fire Protection Association 54, National Fuel Gas Code. The pressure test must be conducted in accordance with National Fire Protection Association 54.
The Railroad Commission, upon request, shall assist the School in providing for the certification of a School employee to conduct the test and in developing a procedure for conducting the test.
Natural Resources Code 113.353
Before the introduction of any LP-gas into the LP-gas piping system, the School shall provide verification to its supplier that the piping has been tested.
The School shall provide written notice to the Railroad Commission specifying the date and the result of each pressure test or other inspection of the LP-gas piping system within one week of the date each test is performed.
Natural Resources Code 113.354; 16 TAC 9.41
Termination of Service
A supplier shall terminate service to a School facility if:
- The supplier receives official notification from the firm or individual conducting the test of a hazardous leakage in the facility LP-gas piping system; or
- A test at the facility is not performed as required.
Natural Resources Code 113.355
An identified LP-gas leakage in a School facility shall be reported to the board and the LP gas system shall be removed from LP gas service until repairs are made and another test passed. Natural Resources Code 113.356; 16 TAC 9.41(b)(3)
INTRASTATE PIPELINE EMERGENCY RESPONSE PLAN
The Railroad Commission shall require the owner or operator of each intrastate hazardous liquid or carbon dioxide pipeline facility, any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of another public school facility where students congregate, to:
- On written request from the School, provide in writing the following parts of a pipeline emergency response plan that are relevant to the school:
- A description and map of the pipeline facilities that are within 1,000 feet of the School building or facility;
- A list of any product transported in the segment of the pipeline that is within 1,000 feet of the School facility;
- The designated emergency number for the pipeline facility operator;
- Information on the state’s excavation one-call system; and
- Information on how to recognize, report, and respond to a product release; and
- Mail a copy of the requested items by certified mail, return receipt requested, to the School Superintendent.
A pipeline operator or the operator’s representative shall appear at a regularly scheduled meeting of a Board to explain the above items if requested by the Board or School.
The Railroad Commission may not require the release of parts of an emergency response plan that include security sensitive information, including maps or data. Security sensitive information shall be made available for review by but not provided to a board.
Natural Resources Code 117.012(k), (l), (m); 16 TAC 8.315
Amended: 11/11/83, 5/29/87, 1/29/93, 5/27/93, 9/24/93, 11/14/97, 1/24/02, 3/28/08