1. A. Building Condition.

   1. (1) A school facility shall be safe and capable of being maintained.

   2. (2) A school facility shall be structurally sound. A school facility shall be considered structurally sound if the building presents:

      1. (a) No imminent danger;
      2. (b) No major visible signs of decay or distress; or
      3. (c) Structural systems support the loads imposed on them.

   3. (3) An exterior envelope is safe and capable of being maintained if:

      1. (a) Walls and roof are weather-tight under normal conditions with routine upkeep; and
      2. (b) Doors and windows are weather-tight under normal conditions with routine upkeep.

   4. (4) An interior surface is safe and capable of being maintained if it is:

      1. (a) Structurally sound;
      2. (b) Capable of supporting a finish; and
      3. (c) Capable of continuing in its intended use with normal maintenance and repair.

   5. (5) An interior finish is safe and capable of being maintained if it is:

      1. (a) Free of exposed lead paint;
      2. (b) Free of exposed friable asbestos; and
      3. (c) Capable of continuing in its intended use with normal maintenance and repair.

2. B. Building Systems.

   1. (1) Building systems in a school facility shall be in working order and capable of being properly maintained.

   2. (2) Building systems include but are not limited to the following:

      1. (a) Roof;
      2. (b) Plumbing;
      3. (c) Telephone;
      4. (d) Electrical;
      5. (e) Heating and cooling systems;
      6. (f) Fire alarm;
      7. (g) Two-way internal communication;
      8. (h) Technological infrastructure; and
      9. (i) Security systems.

   3. (3) A building system shall be considered to be in working order and capable of being maintained if the following apply:

      1. (a) The system is capable of being operated as intended and maintained;
      2. (b) Newly manufactured or cost-effective refurbished replacement parts are available;
      3. (c) The system is capable of supporting the standards established in this rule; and
      4. (d) Components of the system present no imminent danger of personal injury.

   4. (4) Sanitary Facilities.

      1. (a) Fixtures shall include but are not limited to the following:

         1. (i) Water closets;
         2. (ii) Urinals;
         3. (iii) Lavatories; and
         4. (iv) Drinking fountains.
      2. (b) Wherever possible within reasonable cost constraints, restrooms shall be accessible to general classrooms for grades 3 and below and for special-needs classrooms without having to exit the building.

Authority: Education Article, §5-310, Annotated Code of Maryland; Ch. 14, Acts of 2018

Effective date: November 4, 2019 (46:22 Md. R. 979)

Regulation .02D adopted effective October 5, 2020 (47:20 Md. R. 876)

Chapter revised effective December 12, 2022 (49:25 Md. R. 1050)