Notice Of Agency Interpretation Of Regulation

To:	Superintendents, School Committees, Municipal Officials, Architects, Civil Engineers, General Contractors, Building Inspectors, and other interested parties
From:	Robert V. Antonucci, Commissioner of Education
Date:	October 22, 1997
Re:	Regulations On School Construction 603 CMR 38.03, Design Specifications, Renovation of Existing Buildings

This notice is intended to clarify the Department of Elementary and Secondary Education's interpretation of its regulations governing design requirements for proposed school construction projects involving the expansion and/or renovation of existing buildings. Those regulations appear at 603 CMR 38.03.

It has come to our attention that the current wording of 603 CMR 38.03(2) has created confusion and may have been interpreted by some as imposing on school construction projects building code requirements other than those specified at 780 CMR 34, the section of the State Building Code entitled "Repair, Alteration, Addition and Change of Use of Existing Buildings." The Department and Board of Education did not intend this result, and the regulations will be amended in the near future to eliminate this confusion.

In the meantime, please be advised that the Department of Elementary and Secondary Education interprets 603 CMR 38.03(2) to require that the design specifications for school construction projects for the expansion and renovation of existing buildings meet the current Building Code requirements established by the Executive Office of Public Safety for changes to existing buildings. These requirements are detailed in the current edition of the Building Code, codified at 780 CMR 34.

As long as design specifications for school construction projects for the expansion and renovation of existing buildings satisfy the requirements set forth at 780 CMR 34, they will be accepted by the Department and deemed to meet the requirements of 603 CMR 38.03(2).

Last Updated: October 22, 1997