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CHAPTER 385. INDOOR AIR QUALITY IN GOVERNMENT BUILDINGS

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HEALTH AND SAFETY CODETITLE 5. SANITATION AND ENVIRONMENTAL QUALITYSUBTITLE C. AIR QUALITYCHAPTER 385. INDOOR AIR QUALITY IN GOVERNMENT BUILDINGSSec. 385.001.DEFINITIONS.In this chapter:(1)"Air contaminant" means a gaseous, liquid, or solidsubstance or combination of substances that is in a form that istransported by or in air and has the potential to be detrimentalto human health.(2)"Board" means the Texas Board of Health.(3)"Government building" means a building that is:(A)owned, or leased for a term of at least three months, by astate governmental entity or by a political subdivision of thisstate, including a county, municipality, special purposedistrict, or school district; and(B)regularly open to members of the public or used by the stateor local governmental entity for a purpose that involves regularoccupancy of the building by an employee or by a person in thecustody or control of the governmental entity such as a publicschool student.(4)"Indoor air pollution" means the presence, in an indoorenvironment, of one or more air contaminants in sufficientconcentration and of sufficient duration to be capable of causingadverse effects to human health.Added by Acts 1995, 74th Leg., ch. 690, Sec. 1, eff. Sept. 1,1995. Amended by Acts 2001, 77th Leg., ch. 1067, Sec. 1, eff.Sept. 1, 2001.Sec. 385.002.POWERS AND DUTIES OF BOARD.(a)The board byrule shall establish voluntary guidelines for indoor air qualityin government buildings, including guidelines for ventilation andindoor air pollution control systems. The board may adopt otherrules necessary to implement this chapter.(b)In establishing the guidelines, the board shall consider:(1)the potential chronic effects of air contaminants on humanhealth;(2)the potential effects of insufficient ventilation of theindoor environment on human health;(3)the potential costs of health care for the short-term andlong-term effects on human health that may result from exposureto indoor air contaminants; and(4)the potential costs of compliance with a proposed guideline.(c)A guideline adopted under this chapter may include acontaminant concentration, a control method, a sampling method, aventilation rate, design, or procedure, or a similarrecommendation.(d)The board's guidelines may differ for different pollutionsources or different areas of the state and may differ forbuildings that are regularly occupied or visited by children.Added by Acts 1995, 74th Leg., ch. 690, Sec. 1, eff. Sept. 1,1995. Amended by Acts 2001, 77th Leg., ch. 1067, Sec. 1, eff.Sept. 1, 2001.Sec. 385.003.LIABILITY AND IMMUNITY.This chapter does notcreate liability for a governmental entity for an injury causedby the failure to comply with the voluntary guidelinesestablished under Section 385.002.Added by Acts 1995, 74th Leg., ch. 690, Sec. 1, eff. Sept. 1,1995. Amended by Acts 2001, 77th Leg., ch. 1067, Sec. 1, eff.Sept. 1, 2001.
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  • HEALTH AND SAFETY CODE

    TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

    SUBTITLE C. AIR QUALITY

    CHAPTER 385. INDOOR AIR QUALITY IN GOVERNMENT BUILDINGS

    Sec. 385.001. DEFINITIONS. In this chapter:

    (1) "Air contaminant" means a gaseous, liquid, or solid

    substance or combination of substances that is in a form that is

    transported by or in air and has the potential to be detrimental

    to human health.

    (2) "Board" means the Texas Board of Health.

    (3) "Government building" means a building that is:

    (A) owned, or leased for a term of at least three months, by a

    state governmental entity or by a political subdivision of this

    state, including a county, municipality, special purpose

    district, or school district; and

    (B) regularly open to members of the public or used by the state

    or local governmental entity for a purpose that involves regular

    occupancy of the building by an employee or by a person in the

    custody or control of the governmental entity such as a public

    school student.

    (4) "Indoor air pollution" means the presence, in an indoor

    environment, of one or more air contaminants in sufficient

    concentration and of sufficient duration to be capable of causing

    adverse effects to human health.

    Added by Acts 1995, 74th Leg., ch. 690, Sec. 1, eff. Sept. 1,

    1995. Amended by Acts 2001, 77th Leg., ch. 1067, Sec. 1, eff.

    Sept. 1, 2001.

    Sec. 385.002. POWERS AND DUTIES OF BOARD. (a) The board by

    rule shall establish voluntary guidelines for indoor air quality

    in government buildings, including guidelines for ventilation and

    indoor air pollution control systems. The board may adopt other

    rules necessary to implement this chapter.

    (b) In establishing the guidelines, the board shall consider:

    (1) the potential chronic effects of air contaminants on human

    health;

    (2) the potential effects of insufficient ventilation of the

    indoor environment on human health;

    (3) the potential costs of health care for the short-term and

    long-term effects on human health that may result from exposure

    to indoor air contaminants; and

    (4) the potential costs of compliance with a proposed guideline.

    (c) A guideline adopted under this chapter may include a

    contaminant concentration, a control method, a sampling method, a

    ventilation rate, design, or procedure, or a similar

    recommendation.

    (d) The board's guidelines may differ for different pollution

    sources or different areas of the state and may differ for

    buildings that are regularly occupied or visited by children.

    Added by Acts 1995, 74th Leg., ch. 690, Sec. 1, eff. Sept. 1,

    1995. Amended by Acts 2001, 77th Leg., ch. 1067, Sec. 1, eff.

    Sept. 1, 2001.

    Sec. 385.003. LIABILITY AND IMMUNITY. This chapter does not

    create liability for a governmental entity for an injury caused

    by the failure to comply with the voluntary guidelines

    established under Section 385.002.

    Added by Acts 1995, 74th Leg., ch. 690, Sec. 1, eff. Sept. 1,

    1995. Amended by Acts 2001, 77th Leg., ch. 1067, Sec. 1, eff.

    Sept. 1, 2001.

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