Aug 27th, 2020NYSED and Facilities Planning for School Re-Opening
The New York State Education Department (NYSED) recently issued Guidance dealing with facilities renovations associated with School Re-Opening, available at http://www.nysed.gov/common/nysed/files/programs/reopening-schools/nys-p12-school-reopening-guidance.pdf. More recently, FAQs were issued by the NYSED Office of Facilities Planning (OFP) available at http://www.p12.nysed.gov/facplan/documents/08-05-2020COVIDFAQs.pdf . In addition to the FAQs, the OFP issued a form to be used when submitting facilities renovations associated with School Re-Opening entitled “Submission Form During COVID Re-Opening” available at http://www.p12.nysed.gov/facplan/documents/SubmissionFormDuringCOVID19ReOpening.pdf . The Guidance, FAQs, and the submission form are collectively referred to as the “SED Guidance” throughout this article.
This article highlights selected elements of the SED Guidance with respect to the requirements and approval process that govern proposed facilities renovations in conjunction with your School Re-Opening Plan. Please note this article relies on the formal SED Guidance information available as of August 13, 2020. Consequently, any update of the SED Guidance, additional guidance, or clarification from NYSED, OFM, NYSDOH or other governmental authorities may change the governing requirements and/or process you face in connection with facilities renovations. Given the exceptionally unique situation created by COVID-19 and the fluidity of the rules governing school reopening related renovations, you should involve your Architect and our firm in any facilities planning related to school re-opening. That is especially important for planning that relies on an exception to the normally applicable NYSED filling and approval requirements.
You should assume that the regular NYSED filing requirements and approval process apply to your project or renovation unless you identify and document a specific exception. Use the “Submission Form During COVID Re-Opening” noted above as your preliminary guide to the filing requirements that apply to your proposed renovation.
There are three accommodations from NYSED in connection with its approach to oversight of projects or renovations related to School Re-Opening: expedited review in connection with the standard filing requirements; a Short-Form review process; or no required prior review.
All building additions or alterations, the addition of modular buildings, leasing of space, and the use of temporary tents require the filing of the standard Letter of Intent and related information with NYSED. Use of leased space and temporary tents, in addition to the filing of a Letter of Intent, have additional requirements. NYSED has indicated that labeling your Letter of Intent with “COVID 19 REOPENING” will result in expedited processing of your request.
For the use of temporary restroom facilities, sneeze guard installation, and ventilation or plumbing changes, you may file by using the Re-Opening Short Form portion of the Submission Form http://www.p12.nysed.gov/facplan/documents/SubmissionFormDuringCOVID19ReOpening.pdf . No project number will be assigned and only a brief review of the submitted narrative and drawings describing the proposed changes will be performed.
There is an exception to the NYSED prior review requirement that applies to buildings which exclusively utilize repurposed rooms or larger spaces (e.g., cafeteria, gymnasium, multi-purpose room). Repurposing a room means removing or relocating furniture and equipment to promote social distancing. Repurposing a larger space means adding desks, chairs, teaching consoles, tables, and temporary partitions to create sub-space within the larger space. If you are relying exclusively on repurposing a room or large space in a building, as defined above, you are not required to file with NYSED. However, even though you are not required to file and obtain advance approval from NYSED, you must have the plans outlining the repurposing prepared, signed, and stamped by your Architect. The scope of the required detailed minimum plans is set out in the “Submission Form During COVID Re-Opening”. The plans must be incorporated into your Re-Opening Plan and posted on your website. See, http://www.p12.nysed.gov/facplan/documents/SubmissionFormDuringCOVID19ReOpening.pdf .
Change Orders. There is a potential additional accommodation from NYSED involving the use of Change Orders to reallocate resources from an existing construction project to School Re-Opening facilities renovations. If the Change Order exceeds $35,000, the normally applicable rules continue to apply which require that you explain why it is in the best interest of the District and the public to award a Change Order instead of putting the work out to a competitive public bid. However, given the current circumstances, you may be able to use the urgency associated with needed renovations as part of the justification for the use of a Change Order. You should discuss with your Architect and our firm if you are considering using a Change Order to accomplish School-Re-Opening renovations.
Sneeze Guards. It’s important to note that the information originally released by the OFP on May 29, 2020 available at http://p12.nysed.gov/facplan/documents/PlasticGlazingforSneezeGuards.pdf has been superseded with respect to flammability standards for plastic glazed sneeze barriers that are not being incorporated into a building as part of a construction project. The revised and updated information was dated July 28, 2020 and is available at http://www.p12.nysed.gov/facplan/documents/PlasticGlazingforSneezeGuardsRev4.pdf. Compliance with a standard that is less stringent than the one originally published by OFP is allowed (i.e., 2020 BCNYS Section 2606 Light Transmitting Plastics sub-section 2606.4), but you must document the fact that the material to be used complies with that standard (you should have your Architect certify compliance). For large applications involving light transmitting materials, including partitions, or if the material is to be incorporated into building construction, you must continue to comply with the more stringent standards set out in the Manual of Planning Standards and your Architect should be consulted to ensure compliance with the applicable standard. For large applications you are required to file a Letter of Intent with NYSED and obtain prior approval.
Doors. You may not secure a fire-rated door in the open position unless it is equipped with an automatic door release device that is fully functional and integrated with and activated by the fire alarm system. The automatic release device must comply with the applicable standards set out in the Manual of Planning Standards. A non-fire-rated door may be secured in the open position without the need for a door release device.
Water Fountains. If you disable the full functionality of a water fountain, leaving only the bottle filling capability functional, to count it as an available water fountain, you must provide readily available cups or bottles.
In addition to the facilities planning NYSED Guidance and FAQs, the submission form for COVID Re-Opening, and the OFP information dealing with light transmitting plastic sneeze guards or separators (see the hyperlinks set out above), guidance has been issued by the New York State Department of Health which must be considered in connection with your COVID-19 School Re-Opening facilities planning decisions. See, NYS Department of Health Interim Guidance for in-person Instruction at Pre-K to Grade 12 Schools During the COVID-19 Public Health Emergency, issued 7-13-20, https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/Pre-K_to_Grade_12_Schools_MasterGuidence.pdf and the Supplemental Guidance issued by the NYS DOH
For more information on Facilities Planning and School Re-Opening, please contact our Firm at one of the telephone numbers listed below.
