CHAPTER 37.5. INDOOR AIR QUALITY IN SCHOOLS - Indiana Statutes

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 the meaning 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 meaning set 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 meaning set 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 of state 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 quality inspection, evaluation, and employee notification program to assist state agencies in improving indoor air quality; and
        (2) amend 410 IAC 6-5.1 or adopt new rules under IC 4-22-2 to do the following:
            (A) Establish an indoor air quality inspection, evaluation, and parent and employee notification program to assist schools in improving indoor air quality.
            (B) Establish best practices to assure healthful indoor air quality in schools.
    (b) Subject to subsection (c), the state department shall:
        (1) inspect a school or state agency if the state department receives a complaint about the quality of air in the school or state 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 could contribute 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 agency should take to address any issues; and
            (D) requests a response from the school or state agency not later 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 the school is part of a school corporation;
            (D) the Indiana state board of education, if the school is a public school or an accredited nonpublic school;
            (E) the Indiana department of administration, if the inspected entity 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 reasonable plan 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 who files a complaint referred to in subsection (b)(1) only if the person has 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 shall distribute a manual of best practices for managing indoor air quality at schools as described in this section. The state department may use a manual on indoor air quality in schools developed by a federal health or environmental agency or another state and make additions or revisions to the manual, with the input and advice of the air quality panel established by section 3 of this chapter, to make the manual most useful to Indiana schools. The state department shall provide 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 school corporation.
    (b) The department shall review and revise the manual developed under subsection (a) at least once every three (3) years to assure that the 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 state department in carrying out this chapter.
    (b) The panel consists of the following members:
        (1) A representative of the state department, appointed by the commissioner of the state department.
        (2) A representative of the department of education, appointed by the state superintendent of public instruction.
        (3) A representative of the Indiana department of administration, appointed by the commissioner of the Indiana department 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 occupational safety and health, appointed by the commissioner of the department of labor.
        (9) A mechanical engineer with experience in building ventilation system design, appointed by the governor.
        (10) A building contractor with experience in air flow systems who is a member of a national association that specializes in air flow systems, appointed by the governor.
        (11) A member of a labor organization whose members install, service, evaluate, and balance heating, ventilation, and air conditioning equipment, appointed by the governor.
        (12) An individual with experience in the cleaning and maintenance of commercial facilities, appointed by the governor.
    (c) The chairperson of the panel shall be the representative of the state department.
    (d) The panel shall convene at least twice annually at the discretion of the chairperson.
    (e) The state department shall post minutes of each meeting of the panel 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 for the panel.
    (g) The panel shall:
        (1) identify and make available to schools and state agencies best operating practices for indoor air quality;
        (2) assist the state department in developing plans to improve air quality conditions found in inspections under section 2 of

this chapter; and
        (3) assist the state department in adopting rules under section 2 of this chapter.
    (h) The state department shall prepare and make available to the public 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 test under 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 national organization 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 be certified by the person conducting the test. If the person uses a professional seal on documents, the certification must include the person's seal.
As added by P.L.79-2008, SEC.12.

IC 16-41-37.5-5
State department considerations in amending school building and site rules
     Sec. 5. After June 30, 2009, if the department amends 410 IAC 6-5.1 concerning school buildings and school sites, the department shall consider the effects of outdoor air quality when establishing criteria for school siting.
As added by P.L.132-2009, SEC.4; P.L.168-2009, SEC.7.