Sec. 10-291. Approval of plans and site. Expense limit.
Sec. 10-291. Approval of plans and site. Expense limit. (a) No school building
project for which state assistance is sought shall be undertaken except according to a
plan and on a site approved by the Department of Education, the town or regional board
of education and by the building committee of such town or district. No such school
building project shall be undertaken at an expense exceeding the sum which the town
or regional district may appropriate for the project. In the case of a school building
project financed in whole or in part by an energy conservation lease purchase agreement,
the expense of the project shall not exceed the sum which the town or regional school
district approved for the project. A copy of final plans and specifications for each phase
of site development and construction of all school building projects and for each phase
thereof including site development shall be filed with the Commissioner of Education
subject to the provisions of section 10-292 before the start of such phase of development
or construction shall be begun. In the case of a school building project which is a new
construction, extension or replacement of a building to be used for public school purposes, the town or regional board of education and the building committee of such town
or district, prior to the approval of the architectural plans pursuant to the provisions of
section 10-292, shall provide for a Phase I environmental site assessment in accordance
with the American Society for Testing and Materials Standard #1527, Standard Practice
for Environmental Site Assessments: Phase I Environmental Site Assessment Process,
or similar subsequent standards. The costs of performing such Phase I environmental
site assessment shall be considered eligible costs of such school construction project. A
town or regional school district may commence a phase of development or construction
before completion of final plans and specifications for the whole project provided a
copy of the latest preliminary plan and cost estimate for such project which has been
approved by the town or regional board of education and by the building committee
shall be submitted with the final plans and specifications for such phase. Any board of
education which, prior to the approval of a grant commitment by the General Assembly,
commences any portion of a school construction project or causes any such project to
be let out for bid, shall not be eligible for a school construction grant until a grant
commitment is so approved.
(b) The Department of Education shall not approve a school building project plan
or site, as applicable, if:
(1) The site is in an area of moderate or high radon potential, as indicated in the
Department of Environmental Protection's Radon Potential Map, or similar subsequent
publications, except where the school building project plan incorporates construction
techniques to mitigate radon levels in the air of the facility;
(2) The plans incorporate new roof construction or total replacement of an existing
roof and do not provide for the following: (A) A minimum roof pitch of one-half inch
per foot, except that for a total replacement of an existing roof, the Commissioner of
Education may permit the minimum roof pitch to be reduced to one-quarter inch per
foot if the commissioner finds, based upon written certification from a licensed architect
or engineer provided by the town or regional board of education, that (i) such reduction
of roof pitch will not impede drainage or cause pooling of water that may leak into the
building to a greater degree than that of a roof of a minimum roof pitch of one-half inch
per foot, (ii) the cost of replacing the roof with a minimum roof pitch of one-half inch
per foot would substantially exceed the cost of replacing the roof with a minimum roof
pitch of one-quarter inch per foot, (iii) the time needed to replace the roof with a minimum
roof pitch of one-half inch per foot would be substantially longer than the time needed
to replace the roof with a minimum roof pitch of one-quarter inch per foot, and (iv) the
existing building would not support a roof with a roof pitch of one-half inch per foot
without a substantial rebuilding of the existing building, (B) a minimum twenty-year
unlimited manufacturer's guarantee for water tightness covering material and workmanship on the entire roofing system, (C) the inclusion of vapor retarders, insulation, bitumen, felts, membranes, flashings, metals, decks and any other feature required by the
roof design, and (D) that all manufacturer's materials to be used in the roofing system are
specified to meet the latest standards for individual components of the roofing systems of
the American Society for Testing and Materials;
(3) In the case of a major alteration, renovation or extension of a building to be used
for public school purposes, the plans do not incorporate the guidelines set forth in the
Sheet Metal and Air Conditioning Contractors National Association's publication entitled "Indoor Air Quality Guidelines for Occupied Buildings Under Construction" or
similar subsequent publications;
(4) In the case of a new construction, extension, renovation or replacement, the
plans do not provide that the building maintenance staff responsible for such facility
are trained in or are receiving training in, or that the applicant plans to provide training
in, the appropriate areas of plant operations including, but not limited to, heating, ventilation and air conditioning systems pursuant to section 10-231e, with specific training
relative to indoor air quality; or
(5) In the case of a project for new construction, extension, major alteration, renovation or replacement involving a school entrance for inclusion on any listing submitted
to the General Assembly in accordance with section 10-283 on or after July 1, 2008,
the plans do not provide for a security infrastructure for such entrance.
(1949 Rev., S. 1496; 1953, S. 990d; 1957, P.A. 593, S. 10; 1967, P.A. 294, S. 1; P.A. 73-358, S. 2; P.A. 76-418, S. 15,
18; P.A. 85-589, S. 2, 3; P.A. 88-360, S. 43, 63; P.A. 91-220, S. 5, 8; P.A. 93-378, S. 2, 4; P.A. 03-76, S. 30; 03-220, S.
6; P.A. 04-26, S. 8; 04-168, S. 1; P.A. 07-208, S. 1.)
History: 1967 act specified that site must be approved as well as plan; P.A. 73-358 required filing of plans and specifications "for each phase of site development and construction" before each phase begins and allowed commencement of
phase before final plans complete for whole project if final phase plans and latest preliminary plan and cost estimates have
been submitted; P.A. 76-418 made provisions applicable to projects for which state assistance sought, included reference
to districts, forbade letting project out for bid until grant commitment approved and allowed commencement of phase
before approval of grant commitment under same conditions as previously applied; P.A. 85-589 amended section to allow
towns which commence projects or let projects out for bid to remain eligible for project grants effective July 1, 1985,
and transferred site approval power from state board of education to department of education; P.A. 88-360 substituted
"commissioner" for "state board" of education; P.A. 91-220 required that filing of plans and specifications be pursuant to
Sec. 10-292; P.A. 93-378 added provision regarding project financed by energy conservation lease purchase agreement,
effective July 1, 1993; P.A. 03-76 made a technical change, effective June 3, 2003; P.A. 03-220 designated existing
provisions as Subsec. (a) and amended same by making a technical change and adding provisions re environmental site
assessment, and added Subsec. (b) re grounds for rejection of a plan or site, effective July 1, 2003; P.A. 04-26 made
technical changes in Subsec. (b)(4), effective April 28, 2004; P.A. 04-168 amended Subsec. (b)(2)(A) by adding provisions
permitting a reduction in minimum roof pitch, effective June 1, 2004; P.A. 07-208 added Subsec. (b)(5) re school entrances,
effective July 1, 2007.
Prior approval by town board of education and town building committee not applicable to acquisition of a school
building site. 168 C. 135.