xt7r7s7htq7r https://exploreuk.uky.edu/dips/xt7r7s7htq7r/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1953-09 Bulletins  English Frankford, Ky. : Dept. of Education  This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Procedures in Making Applications for Approval of School Building Construction", vol. XXI, no. 7, September 1953 text 
volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. Educational Bulletin (Frankfort, Ky.), "Procedures in Making Applications for Approval of School Building Construction", vol. XXI, no. 7, September 1953 1953 1953-09 2021 true xt7r7s7htq7r section xt7r7s7htq7r  

 

 

 

 

  

 

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 FOREWORD

This bulletin has been prepared by the Division of Buildings
and Grounds for the purpose of assisting school administrators and
their boards of education, architects, and those WhO are interested
in planning and constructing school buildings to properly present
plans and specifications to the State Department of Education to
be approved in accordance with the requirements of Sections
162.060 and 162.160, Kentucky Revised Statutes. It is requested
that school officials throughout the Commonwealth interested in

the construction of buildingsbecome acquainted with these require-
ments and the procedures outlined in order that the building plans
might receive immediate and due consideration.

The Whole purpose of such planning and approval is that the
health of the children may be protected and that there shall be se-
cured for them more adequate learning conditions. The greatest
saving in building construction can be accomplished by means of
planning.

Wendell P. Butler
Superintendent of Public Instruction

 

  

 Part I
INTRODUCTION

This bulletin is concerned with the procedures which should be
followed by school administrators and local boards of education,
architects, members of the State Department of Education and
others concerned with the construction of school buildings. The
school laws place upon these officials and individuals certain re—
quirements and restrictions in constructing school buildings and
providing school facilities for the public schools of the state.

Part II of this bulletin consists of the school laws that must be
complied with by those who are planning school buildings to house
the educational program. The laws quoted herein are only those that
are concerned with the individuals doing the planning. They are
presented as authority on which planners must rely for the pro—
cedures which they follow.

Part III contains the regulations of the State Board of Education
concerning minimum standards and requirements for schoolhouse
construction. These regulations have been made by authority of
Section 156.160, Paragraphs 5 and 6, Kentucky Revised Statutes,
cited elsewhere herein.

Part IV consists of certain forms and instructions for their use
to be used in filing necessary information. These forms are to be
prepared by school administrators, architects and those concerned
with planning school buildings. The information which they contain
together with the educational specifications outlining the spaces
needed should be submitted to the State Department of Education
before plans are prepared.

These forms consist of two parts. Forms BG 1 and BG la and
the instructions for making the educational specifications are to be
used by the administrator for filing with the Department of Edu—
cation and with the architect certain information which is necessary
to an understanding of the building needs. The second group of
forms consist of instructions to the architect for preparing pre-
liminary and completed plans and specifications, form BG 2 which
gives a tentative outline of the specifications for the building which
the architect thinks should be constructed to meet requirements

631

 

 furnished him by the board and superintendent, and form BG 3 for
the purpose of giving the board of education estimates of the
costs of the building which the architect has in mind. All these
forms will be furnished by the State Department of Education if
requested.

At present the State Department of Education furnishes plans
and specifications to boards of education for the construction of
one-and-two room school buildings and plans for certain other small
buildings, such as lunchrooms, shops and the like. Form BG 4 has
been prepared for the use of superintendents in reporting to the
department certain facts concerning the buildings which they con-
struct under the direction of the engineers of the State Department
of Education.

Quality in School Buildings

There has been a tendency in the past in constructing school
buildings to overlook the fact that the quality of the space in
which the child participates in school activities and lives his daily
life as a student may affect the present and future life of the
child in such a manner as to more or less set his aesthetic standards.

In news items of today one may see discussion of much activity
for slum clearance for residential housing, but by health inspection
reports and actual visitation of school buildings throughout the state,
there appears to be a tendency to disregard slum clearance in
educational housing.

When one considers these facts the question naturally arises
as to whether it makes any differences as to the kind of school
buildings which the children use so long as they have a roof over
them to protect them from the weather and some sort of space in
which they may participate in school work and maybe recreational
activities.

At the present time a great deal is being written about crime
and immorality. In any attempt to eliminate such undesirable
conditions for the future citizenship the question naturally arises
as to whether drab, ugly, unattractive school buildings might affect
the children in such a manner as to pay many times the cost of pro-

viding better and more attractive school building space for the
children of our schools.

In providing school plants in the light of these conditions,
boards of education might do well to consider whether it is im-
portant to locate buildings so that there. will be provided large,

632

 

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attractive playground space as a part of the school site, where boys
and girls can learn the rules of fair play under the direction and
guidance of good teachers; Whether it makes any difference in the
life of the child if the toilets in the school building are located in
dark basements which are many times two or three stories away
from the classrooms; whether there should be provided clean gym-
nasiums for indoor play and recreation, assem‘rbly rooms which are
attractive for dramatics, music and other group activities; whether
there should be provided library facilities which will enable the
children to develop appreciation for good literature.

If children will grow up to make good, clean, healthy, well-
balanced, thinking citizens regardless of their childhood environ-
ment in the home and in the school, the problem of school housing
is very simple and any kind of space in any kind of a building and
in any kind of an environment may be sufficient.

If, 011 the other hand, it is believed that the school and home
environment will affect the type of citizen which comes from them,
boards of education, parents and civic leaders, whose chief aim is
to aid in the development of worthwhile citizens for their com—
munities, have a problem of monumental importance in determining
and providing the proper quality for school buildings in which
these citizens are to be developed.

(13.3

 

 Part II

STATUTES RELATING TO THE
CONSTRUCTION OF SCHOOL BUILDINGS

The following pages contain the school laws that must be com-
plied with by those who are planning school buildings to house the
educational program. The laws quoted herein are only those that
are concerned with the individuals doing the planning. They are
presented as authority 011 which planners must rely for the pro-
cedures which they follow.

STATUTES RELATING TO THE CONSTRUCTION OF
SCHOOL BUILDINGS

Title to School Property

162010 Title to School Property—The title to all property
owned by a school district is vested in the Commonwealth for the
benefit of the district board of education. In the acquisition of
land for school purposes the title shall be made in fee simple,
except where land is obtained by condemnation proceedings. The
title to land held by boards of education on June 14, 1934, shall
be perfected at the earliest date possible. Any reversionary interest
in any land used for school purposes shall not deprive boards of
education of buildings or other improvements thereon.

Condemnation of Property for School Purposes

162.030 Condemnation of Property for School Purposes—Each
board of education may, when unable to contract with the owner
for the purchase of any real estate necessary for school purposes,

institute condemnation proceedings in the manner provided in
KRIS 416.010 to 416.080.

Plans for School Buildings to be Approved

162.060 Plans for School Buildings to be Approved—The
Superintendent of Public Instruction shall be furnished a copy of all
plans and specifications for new public school buildings contem-
plated by boards of education and for all additions to or alterations
of old buildings. He shall examine or cause to be examined all
such plans and specifications and shall approve or disapprove them
in accordance with the rules and regulations of the State Board
of Education. No board of education may award a contract for the

634

 

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erection of a new building or contract for an addition to or altera-
tion of an old building until the plan has been approved by the
Superintendent of Public Instruction.

Contracts for Buildings, Improvements and

Materials to be Let on Competitive Bidding
162.070 Contracts for Buildings, Improvements and Materials
to be Let on Competitive Bidding—The contracts for the erection
of new school buildings and additions and repairs to old buildings,
except repairs not exceeding $150, shall be made by the board of
education to the lowest and best responsible bidder complying with
the terms of the letting, after such advertisement for competitive
bids as the board determines, but the board may reject any or all
bids. All necessary specifications and drawings shall be prepared
for all such work. The board shall advertise for bids on all supplies
and equipment that it desires to purchase, except where the amount
of the purchase does not exceed $250, and shall accept the bid of
the lowest and best bidder, but the board may reject any or all bids.
Building Levy; Four to Twenty Gents Within the Maximum Levy

160.476 School Building Fund; Tax for; Other Resources; In-
vestment; Expenditures; Audit—(1) The board of education of any
district may, in addition to other taxes requested for school pur-
poses, request the levy of not less than four cents nor more than
twenty cents on each one hundred dollars valuation of property
subject to local taxation, to provide a special fund for the purchase
of sites for school buildings, for the erection and complete equipping
of school buildings, and for the major alteration, enlargement and
complete equipping of existing buildings, provided, however, that
such tax shall come within the maximum school tax levy provided
by KRS 160.475. In addition to or in lieu of this special tax, any
board of education may pay into this special fund at the close of
any fiscal year the proceeds from the sale of land or property no
longer needed for school purposes and all or any balances remaining
in the general fund over and above the amount necessary for dis-
charging obligations for the fiscal year in full.

(2) The special fund provided for herein shall be kept in a
separate account designated as “School Building Fund.” The fund
shall be kept in the depository selected by the board of education,
or invested in bonds of the United States, of this state, or county
or municipality in this state, provided however, that such invest-
ments shall be approved by the State Board of Education.

635

 

 (3) All expenditures from such fund shall be made solely for
the purposes enumerated herein and shall be made in accordance
with the school laws of the state at such times as the board of edu-
cation determines. The board of education shall cause to be made
annually an audit of the building fund by a certified public account-
ant or by an accountant approved by the State Department of
Education.

Authority Voted to Levy Five to Fifty Gents In Addition to
Maximum School Tax Levy

160.477 School Building Funds; Tax for.—(1) (a) Upon request
of the board of education of any school district, the tax levying
authority of the district shall adopt an ordinance or resolution sub-
mitting to the qualified voters of the district, the question as to
whether a special school building tax rate of not less than five cents
nor more than fifty cents as requested by the board shall be levied
on each one hundred dollars of property subject to local taxation.
This tax levy shall be in addition to the maximum school tax levy
provided by KRS 160.475. The income from the tax shall be used
for the purchase or lease of school sites and buildings, for the erec-
tion and complete equipping of new school buildings, for the major
alteration, enlargement and complete equipping of existing build-
ings, for the purpose of retiring, directly or through rental payments,
school revenue bonds issued for such school building improvements;
and for the purpose of financing any program for the acquisition,
improvement, or building of schools. The question shall be so framed
that the voter may by his vote answer “For” or “Against.”

(b) The election shall be held at a time fixed in the ordinance
or resolution, not less than fifteen or more than thirty days from
the time the request of the board is filed with the tax levying
authority, and reasonable notice of the election shall be given. The
election shall be conducted and carried out in the school district
in all respects as required by the general election laws, and shall be
held by the same officers as required by the general election laws.
The expense of the election shall be borne by the fiscal court except
where the election is held in a district embracing a city of the first
five classes, in which case the cost of the election shall be borne by
the governing body of the city.

(c) If a majority of those voting on the question favor the
special school building tax levy, the tax levying authority shall
When the next tax rate for the district is fixed levy the special rate

6356

     
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
   

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school building fund in addition to the levy provided by KRS 160.475.

(2) There may be included, in the maximum levy provided for
in KRS 160.475, a special levy for building fund purposes as author—
ized by KRS 160.476, which shall be in addition to the levy author-
ized by vote as provided in subsection (1) of this section.

(3) In addition to or in lieu of this special tax, any board of
education may pay into this special fund at the close of any fiscal
year the proceeds from the sale of land or property no longer needed
for school purposes and allow any balances remaining in the general
fund over and above the amount necessary for discharging obliga-
tions for the fiscal year in full.

(4) The special fund provided for in subsection (1) of this
section shall be kept in a separate account designated as “Special
Voted School Building Fund.” The fund shall be kept in the deposi-
tory selected by the board of education, or invested in bonds of
the United States, of this state, or of any county or municipality in
this state, provided however, that such investment shall be approved
by the State Board of Education.

(5) All expenditures from such fund shall be made solely for
the purposes enumerated in this section and shall be made in
accordance with the school laws of the state at such times as the
board of education determines. The board of education shall cause
to be made annually an audit of the building fund by a certified
public accountant or by an accountant approved by the State De-
partment of Education.

Schedule of Prevailing Wages to be Included in Specifications

337.510 Schedule of Prevailing Wages to Be Included in Speci-
fications—Before advertising for bids or entering into any contract
for construction of public works, every public authority shall
ascertain the prevailing rates of wages of laborers, workmen,
mechanics, helpers, assistants and apprentices for the class of work
called for in the construction of such public works in the locality
where the work is to be performed. This schedule of wages shall
be attached to and made a part of the specifications for the work
and shall be printed on. the bidding blanks and made a part of every
contract for the construction of public works.

Determination of Prevailing Wages
337.020 Determination of Prevailing \Vages.——The wages paid
for a legal day’s work to laborers, workmen, mechanics, helpers,

63i7

 

 assistants and apprentices upon public works shall not be less than
the prevailing wages paid in the same trade or occupation in the
locality. The public authority shall establish prevailing wages at
the same rate that prevails in the locality under collective agree-
ments or understandings between bona fide organizations of labor
and their employers at the date the contract for public works is
made if there are such agreements or understandings in the locality
applying to a sufficient number of employees to furnish a reasonable
basis for considering those rates to be the prevailing rates in the
locality. If contracts are not awarded within ninety days from
the date of the establishment of the prevailing rate of wages, as
provided in KRS 337.510, there shall be a redetermination of the
prevailing rate of wages before the contract is awarded and the
schedule or scale of prevailing wages shall be incorporated in and
made a part of each contract.

Contractor to Pay Prevailing Wages and Post Rates; Payroll
Records

387.530 Contractor to Pay Prevailing Wages and Post Rates;
Payroll Records—(1) \Nhere public authority has established and
prescribed a prevailing rate of wages, the contract executed be—
tween that public authority and the successful bidder or contractor
shall contain a provision requiring the successful bidder and all
of his subcontractors to pay the rate of wages so established. The
successful bidder or contractor and all subcontractors shall strictly
comply with these provisions of the contract.

(2) All contractors and subcontractors required by KRS
337.510 to 337.550 and the contracts with any public authority to
pay not less than the prevailing rate of wages, shall pay such wages
in legal tender without any deductions. These provisions shall
not apply where the employer and employee enter into an agreement
in writing at the beginning of or during any term of employment
covering deductions for food, sleeping accommodations, or any
similar item if this agreement is submitted by the employer to the
public authority who fixed the rate of wages and is approved by
that authority as fair and reasonable. All contractors and subcon-
tractors affected by the terms of KRS 337.510 to 337.550 shall keep
full and accurate payroll records covering all disbursements of wages
to their employees to whom they are required to pay not less than the
prevailing rate of wages. These payroll records shall not be destroyed
or removed from this state for one year following the completion
‘of the improvement in connection with which they are made.

638

  
    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
    
  
 
 
 
 
 
 
 
 
  
   

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(3) Each contractor and subcontractor subject to the pro-
visions of KRS 337.510 to 337.550 shall post and keep posted in a
conspicuous place at the site of the construction work a copy of
prevailing rates of wages and working hours as prescribed in the
contract with the public authority, showing the rates of wages
prescribed and the working hours for each class of laborers, work-
men, mechanics, helpers, assistants and apprentices employed by
him in the work of constructing the public works provided for in
the contract with the public authority.

Limitation of Working Hours; Exceptions; Overtime

337.540 Limitation of Working Hours; Exceptions; Over-
time—(1) Every public authority, before advertising for bids,
shall include with the schedule of wages a provision that no laborer,
workman, mechanic, helper, assistant or apprentice shall be per-
mitted to work more than eight hours in one calendar day, which
shall constitute a legal day’s work; nor more than forty hours in
one week, which shall constitute a legal work week, except in
cases of emergency caused by fire, flood or damage to life or
property. This limitation of work hours shall be made a part of
the specifications for the work and printed on bid blanks where
the work is done by contract and shall be incorporated as a part
of each contract.

(2) No laborer, workman, mechanic, helper, assistant or ap-
prentice shall be premitted to work more than eight hours in any
one calendar day, nor more than forty hours in any one week,
except in cases of emergency caused by fire, flood, or damage to
life or property, 011 the construction of public works which is being
constructed under contract with any public authority.

(3) Any laborer, workman, mechanic, helper, assistant or ap-
prentice worked in excess of eight hours per day or forty hours
per week, except in cases of emergency shall be paid not less than
one and one—half times the prevailing rate of wages as fixed under
this chapter for all overtime worked, and each contract with any
public authority for the construction of public works shall so
provide.

(4) The determination of exception provided in this section
of when an emergency exists shall be made by the public authority
letting the contract.

639

 

 Department to Aid in Enforcement; Remedies of Laborer

337.550 Department to Aid in Enforcement; Remedies of
Laborer.—(1) Any laborer or mechanic employed on public works
may file a complaint of any violation of any provision of KRS
337.510 to 337.550 with the department. The department shall
assist him in the collection of claims of wages due him and shall also
assist to the fullest extent in the administration and enforcement
of KRS 337.510 to 337.550.

(2) A laborer or worker may by civil action recover any sum
due him as the result of the failure of his employer to comply with
the terms of KRS 337.510 to 337.550.

Penalties
337.990 Penalties (11) Any public authority who willfully
fails to comply or to require compliance with KRS 337.510 to 337.550
shall be fined not more than one hundred dollars for each offense.

 

Public Work Under Unlicensed Engineer Prohibited

322.360 Public “Tork Under Unlicensed Engineer Prohibited.—«
(1) Neither the state 1101' any of its political subdivisions shall en-
gage in the construction of any public, work involving engineering,
unless the plans, specifications and estimates have been prepared
and the construction executed under the direct supervision of a
licensed engineer or a licensed architect.

(2) Subsection (1) of this section shall not apply to any public
work in which contemplated expenditure for the completed project
does not exceed two thousand dollars or to the maintenance or
repair of any existing state or county highway.

Sanitary Conditions

156.160 Superintendent to Prepare School Budget and Rules
and Regulations Governing Schools, for Adoption by Board—The
Superintendent of Public Instruction shall prepare or cause to be
prepared and submit for approval and adoption by the State Board
of Education:

(5) Regulations for the sanitary and protective construction
of public school buildings, toilets, physical equipment of school
grounds, school buildings and classrooms;

(6) Regulations governing medical inspection, physical edu-
cation and recreation, and other rules and regulations deemed
necessary or advisable for the protection of the physical welfare
and safety of the public school children;

640

   
  
 
  
 
 
 
 
   
   
   
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
 
 
 
 
  
 

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(11) A uniform series of forms and blanks, educational and
financial, including forms of contract, for use in the several school
districts.

Buildings in County and Independent Districts

Financing School Buildings
There are siX ways by which school buildings may be financed.
They are:

1. Paying all costs from current income.

2. Out of the proceeds from school district voted bonds.

3. With proceeds provided from the sale of bonds by private
corporations usually called holding companies. While this
is a legal procedure, it is rarely used. It is not recommended
that this plan be used since boards of education can require
the governing bodies of city and county districts to issue
bonds that are now considered more desirable.

4. By proceeds of bonds sold by the governing bodies of cities
or counties. These are known as school revenue bonds.

5. By the levy of a building tax to be accumulated for future
building needs by authority of KRS 160.476.

6. By funds accumulated from a tax, authorized by vote of the
people, in an amount of not less than five nor more than fifty
cents on each one hundred dollars of property subject to
school tax and authorized by KRS 160.477.

Current Income

There are a few districts where it is possible to secure enough
funds from current income to provide for any building needs. The
number of districts that may do this is decreasing. Where such a
plan is followed, the districts have so arranged their financial affairs
that they may set aside annually an amount sufficient to pay for
the construction of some, if not all, of the building needs.

This is a commendable plan where it can be done. It avoids the
expense of financing and interest costs. This reduces the obligation
for capital outlay.

School District Voted Bonds

The method to be followed in securing funds through this type
of financing may be found in detail in Sections 162.080 through
162.100.

Limitations to this procedure—This type of financing requires
two-thirds of those voting on the question to favor the proposition

641

 

   

before it carries. The amount of bonds that may be issued in any
district shall not exceed the limit provided in the Constitution,
which is two per cent of the assessments next preceding the vote
on the bond issue. In most instances the amount of money that may
be raised by the two per cent constitutional limit is not sufficient
to provide the necessary building requirements.

Private Holding Companies

Many buildings have been constructed under this plan. It is
rarely, if ever, used now since the Court of Appeals’ decision in
the case of Fyfe et al vs. the Hardin County Board of Education
305 Ky. 589, 205 S. W. 2d. 165. According to this decision the
Court said that Where a board of education finds it necessary to
enlarge school facilities and request the fiscal court to cooperate
with it in the issuance of school revenue bonds, the court acted
without authority in refusing to issue the bonds merely because
the court disagreed with the board as to the need for new school
buildings. This decision was made October 17, 1947.

This plan is not recommended now since the school revenue
bonds are more desirable.

School Revenue Bonds

Sections 162.120 through 162.300, KRS, provide that the govern-
ing bodies of county or independent districts may issue bonds for
the erection of school buildings. The bonds issued are not chargeable
to the governing body of the county or city district, but are really
obligations of the school district. Actually, the governing body of
the district is nothing more than a governmental holding corpora—
tion. When such a building is erected from the proceeds provided
by these sections, the title is vested in the governing body. This
body leases the building to the board of education on an annual
rental basis. A contract is entered into between the board of edu-
cation and the governing body whereby an annual rental is paid
which is sufficient to take care of the interest and bond retirement
at the end of a definite period of years. When the board of education
has paid into the treasury of the governing body sufficient funds
to pay all interest charges and costs involved, the title is returned
to the board of education by the governing body of the district.

Bonds issued in this type of financing are tax free.

Revenue bonds are issued by three procedures or some combi-
nation of the three. They are:

642

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
   

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. From current income—There are a few districts at this time

(1953) which can set aside annually from current income
a sufficient amount to retire school revenue bonds of the
type indicated above. The number of districts that can
follow this procedure is decreasing annually. It is more
and more necessary to use either one of the two following
procedures to provide the necessary school buildings.

. School building fund—This building fund may be accumu-

lated over a period of years at not less than four nor more
than twenty cents subject to local taxation set aside annually.
This may be set aside by authority of 160.476, KRS.

. School building tax—A majority vote of the people of the

district may authorize the levy annually of any sum from
five to fifty cents to be used for school building purposes.

. Combination of 1, 2 and 3——

a. Some districts use the funds accumulated under number
two and issue bonds from funds accumulated under number
three.

b. Cash on hand from the current levy for general school
purposes supplemented by funds accumulated by tax
authorized under KRS 160.477.

0. By the levy of a maximum tax for a short number of years
and using only the cash income for building purposes.
This procedure will save the district interest costs as well

as any costs necessary to go through the procedure of
issuing bonds.

643

 

 Part III

REGULATIONS AND MINIMUM STANDARDS
CONCERNING SCHOOL BUILDING CONSTRUCTION

This third part of the bulletin contains the regulations of the
State Board of Education concerning minimum standards and re-
quirements for schoolhouse construction. These regulations have
been made by authority of Section 156.160, Paragraphs 5 and 6,
Kentucky Revised Statutes, cited under Part II of this bulletin.

A. Regulations Pertaining to the Submission of Plans for Approval

1. Application—When boards of education on the advice of admin—
istrative officials find it advisable to erect new buildings or to make
additions and repairs to existing buildings, they shall submit to the
Superintendent of Public Instruction an application for each new build—
ing or addition to be erected or repairs to be made. Said application
shall be on forms to be supplied by the Superintendent of Public In-
struction and shall provide for such information as he may require in
considering said application for new buildings or addition, or repairs
to existing buildi