New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL › Part 2 - PUBLIC SCHOOL FACILITIES AUTHORITY › Section 6.27.2.12 - OTHER SCHOOL CONSTRUCTION PROJECTS; REQUIRED APPROVALS UNDER SECTION 22-20-1 NMSA 1978

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each local
				school board must secure the approval of the director or the director's
				designee prior to the construction or letting of contracts for construction of
				any school building or related school structure or before reopening an existing
				structure that was formerly used as a school building but that has not been
				used for that purpose during the previous year. As used in this subsection,
				"construction" means any project for which the construction industries division
				of the regulation and licensing department (CID) requires permitting. A
				"related school structure" means a project involving any structure or part of a
				structure under the control of the local school district for which the
				construction industries division requires permitting.
B. Excepted from the requirements of
				Subsection A of this section, but not from permitting requirements of CID or
				other jurisdictions having authority are school construction projects with a
				value of $200,000 or less, exclusive of gross receipts tax. For such projects,
				however, the local school board shall complete a notice of school construction,
				on the current, approved and designated form, which form shall be submitted to
				the authority at least ten (10) days prior to the construction or the letting
				of contracts for construction of the project. It shall be the responsibility of
				the local school board or its designee to obtain all required permits and
				approvals from local, state and federal agencies having jurisdiction over any
				portion of the proposed construction. Additionally, if the construction project
				involves the construction of new buildings or structures, additions to existing
				structures or the demolition of existing structures, the local school board or
				its designee shall submit to the authority a dimensioned or scaled floor plan
				and site plan showing the proposed construction and any building or structure
				to be demolished. The site plan shall illustrate the distance of the new
				construction or demolition from existing structures and shall be sufficiently
				detailed to provide an accurate representation of the proposed construction or
				demolition.
C. A written request
				for approval meeting the requirements of Subsection A of Section
				22-20-1
				NMSA 1978 must be submitted to the director on a form prescribed by the
				director. The form shall include an assurance that any contract for the
				construction of a public school facility, including contracts funded in whole
				or in part with insurance proceeds, shall contain provisions requiring the
				construction to be in compliance with the statewide adequacy
				standards.
D. The director or the
				director's designee shall approve the request if the director reasonably
				determines that the conditions set forth in Subsection B of Section
				22-20-1
				NMSA 1978 have been met, including:
(1)
				certification by the secretary that the construction shall support the
				educational program of the school district; and
(2) determination that the construction
				project is in compliance with the statewide adequacy standards.