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 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.