CHAPTER 37.5. INDOOR AIR QUALITY IN SCHOOLS
IC 16-41-37.5
Chapter 37.5. Indoor Air Quality in Schools
IC 16-41-37.5-0.3
"Nonpublic school"
Sec. 0.3. As used in this chapter, "nonpublic school" has themeaning set forth in IC 20-18-2-12.
As added by P.L.79-2008, SEC.7.
IC 16-41-37.5-0.5
"Public school"
Sec. 0.5. As used in this chapter, "public school" has the meaningset forth in IC 20-18-2-15(1).
As added by P.L.79-2008, SEC.8.
IC 16-41-37.5-1
"School"
Sec. 1. As used in this chapter, "school" refers to a:
(1) public school; or
(2) nonpublic school that is not located in a private home.
As added by P.L.1-2005, SEC.33.
IC 16-41-37.5-1.3
"State agency"
Sec. 1.3. As used in this chapter, "state agency" has the meaningset forth in IC 4-13-1-1(b).
As added by P.L.79-2008, SEC.9.
IC 16-41-37.5-2
Indoor air quality inspection and evaluation program; functions ofstate department
Sec. 2. (a) The state department shall before July 1, 2010:
(1) adopt rules under IC 4-22-2 to establish an indoor air qualityinspection, evaluation, and employee notification program toassist state agencies in improving indoor air quality; and
(2) amend 410 IAC 6-5.1 or adopt new rules under IC 4-22-2 todo the following:
(A) Establish an indoor air quality inspection, evaluation,and parent and employee notification program to assistschools in improving indoor air quality.
(B) Establish best practices to assure healthful indoor airquality in schools.
(b) Subject to subsection (c), the state department shall:
(1) inspect a school or state agency if the state departmentreceives a complaint about the quality of air in the school orstate agency;
(2) prepare a report, which may be in letter form, that:
(A) describes the state department's inspection findings;
(B) identifies any conditions that are contributing or couldcontribute to poor indoor air quality at the school or state
agency, including:
(i) carbon dioxide levels;
(ii) humidity;
(iii) evidence of mold or water damage; and
(iv) excess dust;
(C) provides guidance on steps the school or state agencyshould take to address any issues; and
(D) requests a response from the school or state agency notlater than sixty (60) days after the date of the report;
(3) report the results of the inspection to:
(A) the person who complained about the quality of air;
(B) the school's principal or the state agency head;
(C) the superintendent of the school corporation, if theschool is part of a school corporation;
(D) the Indiana state board of education, if the school is apublic school or an accredited nonpublic school;
(E) the Indiana department of administration, if the inspectedentity is a state agency; and
(F) the appropriate local or county board of health; and
(4) assist the school or state agency in developing a reasonableplan to improve air quality conditions found in the inspection.
(c) A complaint referred to in subsection (b)(1):
(1) must be in writing; and
(2) may be made by electronic mail.
(d) The state department may release the name of a person whofiles a complaint referred to in subsection (b)(1) only if the personhas authorized the release in writing.
As added by P.L.1-2005, SEC.33. Amended by P.L.79-2008, SEC.10;P.L.132-2009, SEC.1; P.L.168-2009, SEC.4.
IC 16-41-37.5-2.5
Manual of best practices for indoor air quality at schools
Sec. 2.5. (a) Before July 1, 2010, the state department shalldistribute a manual of best practices for managing indoor air qualityat schools as described in this section. The state department may usea manual on indoor air quality in schools developed by a federalhealth or environmental agency or another state and make additionsor revisions to the manual, with the input and advice of the airquality panel established by section 3 of this chapter, to make themanual most useful to Indiana schools. The state department shallprovide the manual:
(1) to:
(A) the legislative council; and
(B) the department of education;
in an electronic format under IC 5-14-6; and
(2) to the facilities manager and superintendent of each schoolcorporation.
(b) The department shall review and revise the manual developedunder subsection (a) at least once every three (3) years to assure thatthe manual continues to represent best practices available to schools.As added by P.L.132-2009, SEC.2; P.L.168-2009, SEC.5.
IC 16-41-37.5-3
Air quality panel; members; duties
Sec. 3. (a) The air quality panel is established to assist the statedepartment in carrying out this chapter.
(b) The panel consists of the following members:
(1) A representative of the state department, appointed by thecommissioner of the state department.
(2) A representative of the department of education, appointedby the state superintendent of public instruction.
(3) A representative of the Indiana department ofadministration, appointed by the commissioner of the Indianadepartment of administration.
(4) A member of the governing body of a school corporation,appointed by the state superintendent of public instruction.
(5) A teacher licensed under IC 20-28-4 or IC 20-28-5,appointed by the governor.
(6) A representative of a statewide parent organization,appointed by the state superintendent of public instruction.
(7) A physician who has experience in indoor air quality issues,appointed by the commissioner of the state department.
(8) An individual with training and experience in occupationalsafety and health, appointed by the commissioner of thedepartment of labor.
(9) A mechanical engineer with experience in buildingventilation system design, appointed by the governor.
(10) A building contractor with experience in air flow systemswho is a member of a national association that specializes in airflow systems, appointed by the governor.
(11) A member of a labor organization whose members install,service, evaluate, and balance heating, ventilation, and airconditioning equipment, appointed by the governor.
(12) An individual with experience in the cleaning andmaintenance of commercial facilities, appointed by thegovernor.
(c) The chairperson of the panel shall be the representative of thestate department.
(d) The panel shall convene at least twice annually at thediscretion of the chairperson.
(e) The state department shall post minutes of each meeting of thepanel on the state department's web site not later than forty-five (45)days after the meeting.
(f) The state department shall provide administrative support forthe panel.
(g) The panel shall:
(1) identify and make available to schools and state agenciesbest operating practices for indoor air quality;
(2) assist the state department in developing plans to improveair quality conditions found in inspections under section 2 of
this chapter; and
(3) assist the state department in adopting rules under section 2of this chapter.
(h) The state department shall prepare and make available to thepublic an annual report describing the panel's actions.
As added by P.L.1-2005, SEC.33. Amended by P.L.79-2008, SEC.11;P.L.132-2009, SEC.3; P.L.168-2009, SEC.6.
IC 16-41-37.5-4
Qualifications of individual conducting indoor air quality test;certification of test
Sec. 4. (a) An individual conducting an indoor air quality testunder this chapter must be:
(1) a professional engineer (as defined in IC 25-31-1-2);
(2) an industrial hygienist; or
(3) a supervisor or technician certified by a nationalorganization that:
(A) writes and adheres to standards for:
(i) testing, adjusting, and balancing of heating, ventilation,and air conditioning equipment or exhaust systems; and
(ii) indoor air quality testing procedures and requirements;and
(B) certifies supervisors and technicians to perform:
(i) testing, adjusting, and balancing of heating, ventilation,and air conditioning equipment or exhaust systems; and
(ii) indoor air quality testing procedures and requirements.
(b) The report of a test conducted under this chapter must becertified by the person conducting the test. If the person uses aprofessional seal on documents, the certification must include theperson's seal.
As added by P.L.79-2008, SEC.12.
IC 16-41-37.5-5
State department considerations in amending school building andsite rules
Sec. 5. After June 30, 2009, if the department amends 410 IAC6-5.1 concerning school buildings and school sites, the departmentshall consider the effects of outdoor air quality when establishingcriteria for school siting.
As added by P.L.132-2009, SEC.4; P.L.168-2009, SEC.7.