53A-20-104 - Enforcement of chapter by state superintendent -- Employment of personnel -- School districts and charter schools -- Certificate of inspection verification.
53A-20-104. Enforcement of chapter by state superintendent -- Employment ofpersonnel -- School districts and charter schools -- Certificate of inspection verification.
(1) The state superintendent of public instruction shall enforce this chapter.
(2) The superintendent may employ architects or other qualified personnel, or contractwith the State Building Board, the state fire marshal, or a local governmental entity to:
(a) examine the plans and specifications of any school building or alteration submittedunder this chapter;
(b) verify the inspection of any school building during or following construction; and
(c) perform other functions necessary to ensure compliance with this chapter.
(3) (a) (i) If a local school board uses the school district's building inspector underSubsection 10-9a-305(7)(a)(ii) or 17-27a-305(7)(a)(ii) and issues its own certificate authorizingpermanent occupancy of the school building, the local school board shall file a certificate ofinspection verification with the local governmental entity's building official and the State Officeof Education, advising those entities that the school district has complied with the inspectionprovisions of this chapter.
(ii) If a charter school uses a school district building inspector under Subsection10-9a-305(7)(a)(ii) or 17-27a-305(7)(a)(ii) and the school district issues to the charter school acertificate authorizing permanent occupancy of the school building, the charter school shall filewith the State Office of Education a certificate of inspection verification.
(iii) If a local school board or charter school uses a local governmental entity's buildinginspector under Subsection 10-9a-305(7)(a)(i) or 17-27a-305(7)(a)(i) and the local governmentalentity issues the local school board or charter school a certificate authorizing permanentoccupancy of the school building, the local school board or charter school shall file with the StateOffice of Education a certificate of inspection verification.
(iv) (A) If a local school board or charter school uses an independent, certified buildinginspector under Subsection 10-9a-305(7)(a)(iii) or 17-27a-305(7)(a)(iii), the local school board orcharter school shall, upon completion of all required inspections of the school building, file withthe State Office of Education a certificate of inspection verification and a request for the issuanceof a certificate authorizing permanent occupancy of the school building.
(B) Upon the local school board's or charter school's filing of the certificate and requestas provided in Subsection (3)(a)(iv)(A), the school district or charter school shall be entitled totemporary occupancy of the school building that is the subject of the request for a period of 90days, beginning the date the request is filed, if the school district or charter school has compliedwith all applicable fire and life safety code requirements.
(C) Within 30 days after the local school board or charter school files a request underSubsection (3)(a)(iv)(A) for a certificate authorizing permanent occupancy of the schoolbuilding, the state superintendent of public instruction shall:
(I) (Aa) issue to the local school board or charter school a certificate authorizingpermanent occupancy of the school building; or
(Bb) deliver to the local school board or charter school a written notice indicatingdeficiencies in the school district's or charter school's compliance with the inspection provisionsof this chapter; and
(II) mail a copy of the certificate authorizing permanent occupancy or the notice ofdeficiency to the building official of the local governmental entity in which the school building islocated.
(D) Upon the local school board or charter school remedying the deficiencies indicated inthe notice under Subsection (3)(a)(iv)(C)(I)(Bb) and notifying the state superintendent of publicinstruction that the deficiencies have been remedied, the state superintendent of publicinstruction shall issue a certificate authorizing permanent occupancy of the school building andmail a copy of the certificate to the building official of the local governmental entity in which theschool building is located.
(E) (I) The state superintendent of public instruction may charge the school district orcharter school a fee for an inspection that the superintendent considers necessary to enable thesuperintendent to issue a certificate authorizing permanent occupancy of the school building.
(II) A fee under Subsection (3)(a)(iv)(E)(I) may not exceed the actual cost of performingthe inspection.
(b) For purposes of this Subsection (3):
(i) "local governmental entity" means either a municipality, for a school building locatedwithin a municipality, or a county, for a school building located within an unincorporated area inthe county; and
(ii) "certificate of inspection verification" means a standard inspection form developedby the state superintendent in consultation with local school boards and charter schools to verifythat inspections by qualified inspectors have occurred.
Amended by Chapter 290, 2008 General Session