N.M. Admin. Code § 6.27.2.12

Current through Register Vol. 35, No. 21, November 5, 2024

Section 6.27.2.12 - OTHER SCHOOL CONSTRUCTION PROJECTS; REQUIRED APPROVALS UNDER SECTION 22-20-1 NMSA 1978

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.

E. Within thirty (30) days of receipt of the request for approval, the director or the director's designee shall notify the local school board and the department of the approval or disapproval of the request.

F. No local school board may construct, or cause the construction of, any public school building within four hundred (400) feet of any main artery of travel without the prior written approval of the department or its designee.

G. The authority will coordinate all required reviews and approvals.

N.M. Admin. Code § 6.27.2.12

6.27.2.12 NMAC - N, 06/15/04; A, 08/31/05; A, 07/15/10