Audit finds several safety code violations with new and renovated K-12 schools

SALT LAKE CITY — A legislative audit found “consistent problems” of compliance with building codes in several newly constructed and renovated public schools and recommends more state oversight to ensure safety and compliance going forward.

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The report, presented to state lawmakers Tuesday, comes after that panel requested an examination of the Utah State Board of Education‘s oversight of school construction. While the report noted that construction projects “generally meet the intent of providing safe, functional school buildings,” independent contractors found several compliance issues — chief among them flaws in fire walls meant to contain the spread of potential blazes.

“Multiple schools did not build required fire walls in compliance with code,” the report states. “Fire walls are highly regulated because if a fire wall fails, fires can spread more rapidly, increasing risk to property and building occupants. According to our independent inspectors, fire wall compliance flaws are likely the most significant discovery in this review.”

Those issues were detailed in a 70-page report by Building Code Solutions Inc., which conducted a compliance review in five newly built or renovated schools — two high schools, one junior high school, one elementary school and one charter school. The schools in question were not identified.

Contractors concluded “most projects” achieved safe school buildings but said “a reliable system, clear expectations, accountability measures and staffing to monitor and enforce the (State School Board) requirements in real time is needed.”

The report also found that some local school district officials had waived code requirements during construction, something they are not allowed to do “partly because these codes represent the minimum standards to protect the life and safety of occupants,” lead auditor Jacob Davis told the Legislative Audit Subcommittee.

“While some of these districts have certified staff outside of the designated building official, only 5 of the 41 school district building officials appear to hold some sort of building code certification,” according to the report.

Auditors attributed some of these compliance issues with oversight problems at the board of education, recommending that the board “create a functional oversight system to review and enforce compliance with state requirements.”

State Superintendent of Public Instruction Sydney Dickson said school construction has been a known “area of risk” for several years in acknowledging the findings and recommendations made by legislative auditors.

She said the seven recommendations would be submitted to the board for consideration by the end of the month and promised the board’s leadership would discuss it and determine how to move forward no later than Aug. 31.