963 CMR, § 2.09

Current through Register 1524, June 21, 2024

Section 2.09 - Schematic Design - Module 4

(1) After the Eligible Applicant has received a preferred schematic design vote by the Board of Directors of the Authority, the Eligible Applicant shall develop a schematic design for the proposed project in compliance with the standards set forth by the Authority.

(2)General Site and School Construction Standards. The Eligible Applicant shall make all reasonable efforts to ensure that an Approved Project, including those for the expansion or renovation of an existing building, meet all applicable federal, state, local and regional requirements including, but not limited to, laws, regulations, by-laws, ordinances, environmental restrictions, zoning, and building code requirements. It shall be the responsibility of the Eligible Applicant to ensure compliance with all such requirements, and the Authority shall bear no responsibility for an Eligible Applicant's failure to comply with said requirements.

(3)Design and Construction Standards: General.

(a) Projects shall reflect cost effective design, material, and finish decisions consistent with good architecture and engineering practice, high quality construction, and the requirements of the Authority.

(b) To the extent possible, projects shall reflect attention to current and future-oriented technological and educational practices for students, faculty, and school staff.

(c) Projects shall adhere to the Authority's Green School Program policies, and such standards should be exceeded when possible.

(d) All new construction and reconstruction projects shall meet applicable local ordinances for recycling.

(e) Construction of new school facilities shall, whenever possible, be oriented on the site in order for the building to optimize for solar orientation and natural daylight for classroom spaces.

(f) The Authority may issue minimum and maximum guidelines and standards for the sustainability of Approved Projects, including school building design guidelines which may provide guidelines for design, energy efficiency, indoor air quality, materials, finishes, life cycle cost analysis, and systems selections.

(g) Approved Projects shall have a project identification sign on the construction site during the period of construction. Said sign shall be at least four feet by eight feet in size, shall be visible from the primary roadway adjoining the site, and shall include the following: "This project funded in part by the Massachusetts School Building Authority."

(h) For all Approved Projects involving the construction of a new school facility, the new school facility shall be designed and constructed to include:

1. daylighting and exterior views from classrooms, to the extent practicable, by locating all classrooms identified in the approved Design and Educational Program on exterior walls, except computer rooms, music rooms, digital art rooms, technology rooms, small resource rooms, small laboratories, and other classrooms where daylighting and location on an exterior wall are not appropriate or necessary because of the nature of the classroom;

2. a glazed area for each classroom identified in the approved Design and Educational Program that is determined to require daylighting totaling not less than 5% of the net floor area of the classroom and which shall to the extent practicable be located to provide outdoor views at both standing and sitting heights; and

3. glare control devices, where applicable, to avoid high-contrast conditions that could impede visual tasks, but such glare control devices shall be constructed only when necessary and if the Designer has determined that glare control devices are the only way to prevent glare.

(4)Design and Construction Standards: Indoor Air Quality. An Eligible Applicant shall make all reasonable efforts to ensure suitable indoor air quality in an Approved Project. Such efforts shall include meeting the Authority's Indoor Air Quality standards. When feasible, the Eligible Applicant shall make reasonable efforts to meet or exceed the leading indoor air quality standards.

(5)Site Standards.

(a) The site of an Approved Project shall be owned by the city, town, regional school district, or independent agricultural and technical school, or be under control of the school district or Eligible Applicant pursuant to a lease which assures the school district or Eligible Applicant legal authority to control and use the Assisted Facility and Project Site, for the useful life of the Assisted Facility, to the extent required for continued operations, construction, and repair of the Assisted Facility and Project Site in a manner consistent with the proposed project submitted to the Authority. In its sole discretion, the Authority may impose additional or different requirements in circumstances where the Authority deems the site ownership to be incompatible with the foregoing regulation.

(b) The selection of a site for a Proposed Project is a local process. The site selected by the Eligible Applicant shall be chosen on the basis that it will meet the educational need, maximize the use of any available community resources, and minimize any possible adverse educational, environmental, social, or economic impact upon the community. Such adverse impact shall include, but not necessarily be limited to: the need to provide new sewers, roads, transportation facilities, water supply, water connections, and other public infrastructure to the site; existence of soil conditions or hazardous materials that may cause site development costs to be greatly increased; or curtailment of the approved educational program.

(c) To the extent feasible, the site selected shall be proximate to other facilities such as libraries, museums, parks, natural resources, nature study areas, and businesses, which would enhance the proposed educational program.

(d) The site shall be free from noxious pollution or contamination, and should be selected to avoid flood plains, wetlands or other environmentally sensitive areas. A new school site shall not be located within 1,000 feet of an active landfill. Eligibility for a renovation project at a school facility that is currently located in a floodplain, will be evaluated by the Authority in its sole discretion on a case-by-case basis.

(e) The site shall be located to serve efficiently and safely the school population it is intended to serve, and the site should be of sufficient size to accommodate the building and planned future additions thereto, outdoor educational program, parking areas, bus turnarounds, delivery areas, required setbacks and planned aesthetics.

(f) Exterior grades shall slope away from the building and the building foundation to adequately drain away rainwater, snow melt, and HVAC condensate and to prevent ponding, pooling or otherwise saturating the building envelope or foundation. Rain leaders, or downspouts, shall be directed to infiltration structures, on-site storage, rain gardens, or daylight, provided that surface drainage moves water well away from the building and does not result in unintended ponding or pooling.

(g) Unless otherwise required by law or regulation, the Authority may require, at its sole discretion, subsequent environmental testing be performed at a site agreed upon by the Authority and the Eligible Applicant. Said subsequent environmental testing shall, when required or appropriate, include the regulatory authority or authorities having jurisdiction or be in accordance with the requirements of said appropriate regulatory authority or authorities.

(6)Educational Program Space Standards.

(a)General Provisions. The approved Design and Educational Program and the Project Scope and Budget Agreement shall be the basis for the design of an Approved Project, and the Approved Project shall not diverge from said Project Scope and Budget Agreement without the prior written consent of the Authority.

(b)Per Student Space Allowance.

1. The Authority shall authorize design plans based upon the design enrollment certification of the Proposed Project.

2. The space standards contained in 963 CMR 2.00 and in the MSBA Educational Program Space Standards and Guidelines may not necessarily be applicable to reconstruction, renovation or repair projects. These standards and guidelines were developed by the Authority for determining maximum size and funding related to new construction and should not be used for assessing safety standards or educational adequacy of existing facilities that were constructed in accordance with the standards and guidelines that prevailed at the time of construction. The Authority shall consider Proposed Projects on a case-by-case basis and in some cases different square footage may be determined at the discretion of the Authority.

3. Grossing Factor - The Grossing Factor is the net-to-gross square footage ratio of a school facility. The Authority shall not approve a Total Facilities Grant for any proposed project that includes design plans for a new school facility that have a Grossing Factor that exceeds 1.50.

The following tables establish the gross square footage per student for the corresponding enrollment for elementary schools, middle school and high schools.

Table 1: Gross Square Feet per Student - Elementary Schools

Projected Enrollment	GSF per Student
Less than 300	180
Between 300 and 309	180
Between 310 and 319	179
Between 320 and 329	178
Between 330 and 339	177
Between 340 and 349	175
Between 350 and 359	174
Between 360 and 369	173
Between 370 and 379	172
Between 380 and 389	171
Between 390 and 399	170
Between 400 and 409	168
Between 410 and 419	167
Between 420 and 429	166
Between 430 and 439	165
Between 440 and 449	164
Between 450 and 459	163
Between 460 and 469	161
Between 470 and 479	160
Between 480 and 489	159
Between 490 and 499	158
Between 500 and 509	157
Between 510 and 519	156
Between 520 and 529	154
Between 530 and 539	153
Between 540 and 549	152
Between 550 and 559	151
Between 560 and 569	150
Between 570 and 579	149
Between 580 and 589	147
Between 590 and 599	146
600 and greater	145

Table 2: Gross Square Feet per Student - Middle and Junior High Schools

Projected Enrollment	GSF per Student
Less than 400	190
Between 400 and 409	190
Between 410 and 419	189
Between 420 and 429	188
Between 430 and 439	187
Between 440 and 449	187
Between 450 and 459	186
Between 460 and 469	185
Between 470 and 479	184
Between 480 and 489	183
Between 490 and 499	182
Between 500 and 509	181
Between 510 and 519	181
Between 520 and 529	180
Between 530 and 539	179
Between 540 and 549	178
Between 550 and 559	177
Between 560 and 569	176
Between 570 and 579	175
Between 580 and 589	175
Between 590 and 599	174
Between 600 and 609	173
Between 610 and 619	172
Between 620 and 629	171
Between 630 and 639	170
Between 640 and 649	169
Between 650 and 659	169
Between 660 and 669	168
Between 670 and 679	167
Between 680 and 689	166
Between 690 and 699	165
Between 700 and 709	164
Between 710 and 719	163
Between 720 and 729	163
Between 730 and 739	162
Between 740 and 749	161
750 and greater	160

Table 3: Gross Square Feet per Student - Academic High Schools

Projected Enrollment	GSF per Student
Less than 600	To Be Determined
Between 600 and 619	228
Between 620 and 639	227
Between 640 and 659	224
Between 660 and 679	220
Between 680 and 699	218
Between 700 and 719	216
Between 720 and 739	214
Between 740 and 759	213
Between 760 and 779	211
Between 780 and 799	209
Between 800 and 819	207
Between 820 and 839	206
Between 840 and 859	205
Between 860 and 879	203
Between 880 and 899	202
Between 900 and 919	201
Between 920 and 939	201
Between 940 and 959	200
Between 960 and 979	198
Between 980 and 999	197
Between 1000 and 1019	197
Between 1020 and 1039	197
Between 1040 and 1059	196
Between 1060 and 1079	196
Between 1080 and 1099	194
Between 1100 and 1119	193
Between 1120 and 1139	192
Between 1140 and 1159	191
Between 1160 and 1179	190
Between 1300 and 1319	184
Between 1320 and 1339	183
Between 1340 and 1359	183
Between 1360 and 1379	182
Between 1380 and 1399	181
Between 1400 and 1419	181
Between 1420 and 1439	181
Between 1440 and 1459	180
Between 1460 and 1479	179
Between 1480 and 1499	178
Between 1500 and 1519	178
Between 1520 and 1539	179
Between 1540 and 1559	178
Between 1560 and 1579	177
Between 1580 and 1599	176
Between 1600 and 1619	176
Between 1620 and 1639	175
Between 1640 and 1659	175
Between 1660 and 1679	175
Between 1680 and 1699	174
Between 1700 and 1719	173
Between 1720 and 1739	173
Between 1740 and 1759	172
Between 1760 and 1779	172
Between 1780 and 1799	172
Between 1800 and 1819	173
Between 1820 and 1839	173
Between 1840 and 1859	172
Between 1860 and 1879	172
Between 1880 and 1899	171
Between 1180 and 1199	189
Between 1200 and 1219	188
Between 1220 and 1239	188
Between 1240 and 1259	187
Between 1260 and 1279	186
Between 1280 and 1299	185
Between 1900 and 1919	171
Between 1920 and 1939	170
Between 1940 and 1959	170
Between 1960 and 1979	170
Between 1980 and 1999	169
Greater than 2000	To Be Determined

4.Vocational Technical Schools. Vocational Technical Schools and the Vocational Educational Space components of Comprehensive High Schools shall be considered on a case-by-case basis by the Authority in conformity with M.G.L. c. 74 requirements and a comparison of existing school facilities with similar vocational program requirements.

5.Special Education Spaces. Spaces for special education classes/programs may receive special consideration at the sole discretion of the Authority if the Eligible Applicant documents and certifies to the Authority why there is a need for the proposed spaces.

6.Educational Collaborative Spaces. The Authority may, in its sole discretion, consider spaces for special education services provided through Department of Elementary and Secondary Education (DESE) approved Educational Collaboratives to be included within Special Education. For the Authority to consider Collaborative Space, the Eligible Applicant must (1) have executed a formal written agreement to be a member of the collaborative or to receive services from a collaborative, prior to filing a Statement of Interest with the Authority, and (2) certify that any space allowed by the Authority in a school facility for use by a Collaborative shall remain in use for the Collaborative for the useful life of the facility or for another specified amount of time that is agreed upon by the Authority in writing prior to project approval.

7.Space Allowance by Program Activity. The approved Design and Educational Program and Project Scope and Budget Agreement shall be within the limitations as set forth in 963 CMR 2.09: Table 4:

Table 4: Net Square Feet¹

	Minimum	Maximum
Elementary School
Pre-Kindergarten and Kindergarten (including self-contained toilet)	1,100	1,300
General Classroom (grades 1-6)	900	1,000
Junior High School/Middle School
General Classroom	850	950
High School
General Classroom	825	950

¹ Measured from inside face of wall to inside face of wall.

8. For all other spaces, the MSBA Educational Program Space Standards and Guidelines shall be followed in planning school facilities. Said Guidelines may also provide school designers and school building committees with prototype building programs for elementary, middle, and high schools, and other grade configurations as determined by the Authority. The Eligible Applicant may make reasonable departures from the MSBA Educational Program Space Standards and Guidelines with a prior written determination of the Authority, at their sole discretion, that such departures are consistent with the intent of 963 CMR 2.00 to provide adequate, safe, cost effective and programmatically sound school facilities. The space standards set forth in Table 4 and in the MSBA Educational Program Space Standards and Guidelines may not necessarily be applicable to reconstruction, renovation, or repair projects. These standards and guidelines were developed by the Authority for determining maximum size and funding related to new construction and should not be used for assessing safety standards or educational adequacy of existing facilities that were constructed in accordance with the standards and guidelines that prevailed at the time of construction. The Authority shall consider Proposed Projects on a case-by-case basis and in some cases different square footage may be determined at the discretion of the Authority.

(7)Cost Standards

(a) The Authority shall develop construction and soft cost standards based upon the cost experience of recently completed and recently bid school projects, taking into account the cost effectiveness of design, construction and programming techniques utilized in such school projects.

(b) The cost standards may be developed based on Massachusetts regional construction costs reflective of the geographic diversity of the Commonwealth.

(c) For the purposes of calculating a total project budget for an Approved Project which is new construction, cost standards developed pursuant to M.G.L. c. 70B, § 9(b), 963 CMR 2.00 and any other guidelines or policies of the Authority shall be applied to the Enrollment Projection, as determined by the Authority. For an Approved Project which is a reconstruction, renovation, or repair project, the total project budget shall be calculated based on the approved scope of the project and cost factors, as determined by the Authority. (d) The Authority shall not reimburse an Eligible Applicant for eligible soft cost components that exceed, in the aggregate, 20% of total construction costs, as determined by the Authority. Said limit may be exceeded with the prior written approval of the Authority. (e) Unless defined otherwise in the standard Designer Contract established by the Authority, basic architectural services shall include, but not be limited to, the following: architectural drawings, conceptual drawings and models, mechanical, electrical, plumbing, fire protection, structural, site development, basic environmental permitting, graphics, lighting design, acoustics, data and communication, visits to the project construction site to administer the contract between the Eligible Applicant and the contractor at a minimum interval of at least weekly for the duration of the project, educational consultants, any specialty consultants for laboratory, library/media center and kitchen space, code consultants, accessibility, making design revisions required to contain costs within the approved project construction budget and other services established pursuant to the Authority's standard designer contract. Additional architectural services may include, but not be limited to geotechnical consulting, asbestos consulting, wetlands flagging, and other additional services as determined by the Authority.

(f) The provisions of 963 CMR 2.00 shall not preclude an Eligible Applicant from adding additional project elements, subject to the approval of the Authority. Any and all costs related to said additional project elements, including but not limited to, the design, construction and implementation of said additional project elements, shall be the sole responsibly of the Eligible Applicant. Project elements that exceed or diverge from the project scope detailed in the Project Scope and Budget Agreement may result in a rescission of approval by the Board and/or recapture of grant funds by the Authority.

(g) When a facility is to be acquired as part of an Approved Project, the value of such facility to be acquired by an Eligible Applicant shall be determined by the Authority in accordance with the provisions of M.G.L. c. 30B on the basis of the reports of at least two appraisers registered with the Attorney General and retained by the Eligible Applicant. The final approved cost of combined facility acquisition, renovation and conversion work shall not exceed the equivalent costs in new construction, as determined by the Authority.

(8)Reconstruction, Renovation, and Repair Projects

(a) Reconstruction, renovation and repair projects may be considered by the Authority pursuant to the Application process promulgated in 963 CMR 2.00.

(b) The space standards contained in 963 CMR 2.00 and in the MSBA Educational Program Space Standards and Guidelines may not necessarily be applicable to reconstruction, renovation or repair projects. These standards and guidelines were developed by the Authority for determining minimum and maximum size and funding related to new construction and should not be used for assessing safety standards or educational adequacy of existing facilities that were constructed in accordance with the standards and guidelines that prevailed at the time of construction. The Authority shall consider proposed reconstruction, renovation and repair projects on a case-by-case basis and in some cases different square footage calculations may be determined at the discretion of the Authority.

(9)Project Scope and Budget Conference. At the end of the Schematic Design Phase, the Authority may invite the local chief executive officer, Chair and/or members of the school committee, the Chair and/or members of the school building committee, the superintendent of the Eligible Applicant's school district, a representative from the office or body that is authorized by law to construct a school building or undertake a school capital project in that city, town or regional school district, and other local officials as required by the Authority, to meet with authorized representatives of the Authority to discuss the scope, budget, and other details of the Proposed Project. Said meeting shall be at a location and in a format determined by the Authority. No Proposed Project shall receive approval or funding from the Authority unless a Project Scope and Budget Conference is held to the reasonable satisfaction of the Authority, unless the Authority determines in writing that a Project Scope and Budget Conference is not required.

(10)Board Approval of the Proposed Project. After a Project Scope and Budget Conference is held, and all other program requirements are met to proceed to the next phase in the Authority's grant program, the proposed project shall be presented to the Authority's Board of Directors for project approval and authorization to enter into a Project Scope and Budget Agreement and a Project Funding Agreement.

(11)Project Scope and Budget Agreement.

(a) After a vote of the Board to approve the Proposed Project and enter into a Project Scope and Budget Agreement and a Project Funding Agreement, a Project Scope and Budget Agreement, in the format and manner prescribed by the Authority, shall be executed by the Eligible Applicant and the Authority. Such Agreement shall include, but not be limited to:

1. the potential reimbursement rate from the Authority based on the grant percentage formula established pursuant to M.G.L. c. 70B § 10;

2. remaining actions to be taken by the Eligible Applicant, including but not limited to, confirmation of a date certain by which the Eligible Applicant shall receive the necessary local approvals and local funding votes for the Proposed Project;

3. a detailed project scope, including the educational space requirements for the Proposed Project and the plans and specifications;

4. an itemized total project budget for the Proposed Project which shall include a delineation of all costs, including but not limited to, a project construction budget;

5. a projected cash flow;

6. a detailed description of the site of Proposed Project;

7. a timeline schedule in a form prescribed by the Authority;

8. a complete listing to the satisfaction of the Authority of all furniture, fixtures and equipment that will be purchased for the Approved Project; and

9. any other information that the Authority may require.

(b) An executed Project Scope and Budget Agreement is valid for a period of time not to exceed 120 calendar days after the vote of the Board of Directors to authorizing the Authority to enter into a Project Scope and Budget Agreement unless agreed to in writing that a different date is necessary to accommodate local meeting schedules. During said 120 calendar day period, the Eligible Applicant shall acquire and certify local approval for an appropriation and all other necessary local votes or approvals showing acceptance of the cost, site, type and scope, and timeline for the Proposed Project. Said local votes or approvals shall be in the format prescribed by the Authority. If the timelines established by the Project Scope and Budget Agreement are not met by the Eligible Applicant, or if the Eligible Applicant fails to obtain the necessary local approvals, the Authority reserves the right to rescind the offer of a Total Facilities Grant to the Eligible Applicant for the Proposed Project.

963 CMR, § 2.09

Amended by Mass Register Issue 1521, eff. 5/10/2024.