Healthier Schools: a Review of State Policies for Improving Indoor Air Quality

DOCUMENT RESUME

ED 468 002 EF 006 191

AUTHOR Bernstein, Tobie TITLE Healthier Schools: A Review of State Policies for Improving Indoor Air Quality. Research Report. INSTITUTION Environmental Law Inst., Washington, DC. SPONS AGENCY Environmental Protection Agency, Washington, DC. Office of Radiation and Indoor Air REPORT NO ELI-Proj-960909 ISBN ISBN-1-58576-034-X PUB DATE 2002-01-00 NOTE 64p. CONTRACT X-824881-01 AVAILABLE FROM Environmental Law Institute, 1616 P St., N.W., Suite 200, Washington, DC 20036 ($15.30 members, $18 non-members). Tel: 202-939-3800; Fax: 202-939-3868; e-mail: [email protected]. For full text: http://www.elistore.org/reports_detail.asp?ID=56. PUB TYPE Reports Descriptive (141) EDRS PRICE EDRS Price MF01/PC03 Plus Postage. DESCRIPTORS Air Pollution; Child Health; Elementary Secondary Education; Hazardous Materials; Policy Analysis; *Schools; *State Regulation IDENTIFIERS *Air Quality Standards; *Indoor Air Quality

ABSTRACT Existing indoor air quality (IAQ) policies for schools reflect the variety of institutional, political, social, and economic contexts that exist within individual states. The purpose of this report is to provide a better understanding of the types of policy strategies used by states in addressing general indoor air quality problems. The policies discussed illustrate approaches that states can consider when developing legislation, regulations, guidance documents, and programs to create healthier indoor environments in schools. The report provides detailed information on existing policies, with an emphasis on policy strategies aimed at preventing indoor air quality problems. Thus, the report focuses on policies that promote better maintenance and management of existing school facilities, as well as better design and construction practices in new and renovated schools. Additionally, since an IAQ policy has little value unless implemented, the report highlights significant implementation activities and notes potential strengths and weaknesses of individual policies in this regard. (EV)

Reproductions supplied by EDRS are the best that can be made from the original document. ("4

ENVIRONMENTAL LAW INSTITUTE RESEARCH REPORT

HEALTHIER SCHOOLS A Review of State Policies For Improving Indoor Air Quality

U.S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement ED ATIONAL RESOURCES INFORMATION CENTER (ERIC) This document has been reproduced as . received from the person or organization originating it. O Minor changes have been made to improve reproduction quality.

Points of view or opinions stated in this document do not necessarily represent official OERI positior: or policy.

January 2002

Full text available at: cs) http://www.elistore.org/ co reports_detail.asp?ID=56 c=) BEST COPY AVAILABLE 2 HEALTHIER SCHOOLS

A Review of State Policies For Improving Indoor Air Quality

3 ACKNOWLEDGMENT

This report was prepared with support from the U.S. Environmental Protection Agency's Office of Radiation and Indoor Air, Indoor Environment Division under Assistant Agreement Number X-824881-01. The report was written by ELI Senior Attorney Tobie Bernstein with editorial assistance from ELI Research Associates Verena Radulovic and Elizabeth Seeger. The views expressed herein should not be attributed to EPA, nor should any official endorsement be inferred.

Healthier Schools: .A Review of State Policies For Improving Indoor Air Ouality

An electronically retrievable copy (PDF file) of this report may be obtained for no cost from the Environmental Law Institute web site , click on "Publications" then "2001 Research Reports" to locate the file. [Note: ELI Terms of Use will apply and are available on site.]

(Environmental Law Institute®, The Environmental Forum®, and the Environmental Law Reporter® are registered trademarks of the Environmental Law Institute.) TABLE OF CONTENTS

Executive Summary

PART A: INTRODUCTION 1

PART B: INDOOR AIR QUALITY IN EXISTING SCHOOLS State Policy Approaches to Promoting Better Maintenance and Management Practices 5

1. Establishing Traditional Regulatory Requirements 5

2. Providing Information and Training on Good IAQ Maintenance Practices 21

3. Providing Schools with Funding and Financial Incentives 26

4. Strengthening the Public Right to Know About Indoor Air Quality in Schools 30

PART C: INDOOR AIR QUALITY IN NEW AND RENOVATED SCHOOLS State Policy Approaches to Promoting Better Design and Construction Practices 33

1. Establishing Traditional Regulatory Requirements: Standards and Required Practices in the Design and Construction Process 34

2. Providing Information and Training on Good IAQ Design and Construction Practices 41

3. Strengthening the Public Right to Know About Indoor Air Quality in Schools 45

PART D: CONCLUSIONS 49

5 HEALTHIER SCHOOLS Executive Summary

EXECUTIVE SUMMARY respiratory diseases. Children are particularly vulnerable to the health effects of indoor Overview pollutants, since their-bodies are still developing and they have relatively higher Schools are central to the life of local rates of breathing and metabolism. Asthma, a communities and to the nation as a whole. condition that can be triggered by mold, An estimated 20 percent of the population cockroach dander and a number of indoor spend their days in elementary and secondary environmental conditions in schools, has school buildings. Yet this critical component become the leading cause of school of our national infrastructure is crumbling. absenteeism due to chronic illness. School buildings in every state, county and The federal government addresses city in the country have environmental indoor air quality in schools through a problems that adversely affect the health, number of education, research and grants well-being and productivity of students and programs, though there is currently no federal staff. scheme regulating indoor air quality generally One important component of the in schools. There is considerable potential for school environment affecting health and additional policies and programs at the federal productivity is indoor air quality (IAOJ. level, however this report focuses on the role Studies reveal an alarming percentage of of state policy in ensuring healthier school schools with facility problems related to environments. While school districts are also indoor air quality. One problem that has key players in the creation and drawn widespread attention in recent years is implementation of school facility policies, mold contamination, which may result from a there are over 14,000 school districts across wide range of structural, mechanical and the country; states can play an important role materials-related conditions that lead to in establishing frameworks that require, excess moisture indoors. Other sources of facilitate and encourage local action to indoor air quality problems are volatile improve public health and education. organic chemical emissions from furnishings The purpose of this report is to and materials; chemical emissions from provide a better understanding of the types of improper use or storage of maintenance state policy approaches being used and to products or educational supplies; insufficient facilitate the further development of effective fresh air due to poorly designed or maintained policies in this area. The report focuses on ventilation systems or to overcrowding; entry policies that emphasize preventing indoor of pollutants from outside due to improper pollution through better maintenance and siting or design of the ventilation system; and repair practices in existing schools, as well as high radon levels. Indoor air quality better design and construction practices in problems can also result when asbestos or new and renovated schools. Because the lead in building materials is disturbed during quality of indoor air is affected by many repair or renovation activities. individual pollutants and pollutant sources, as The effects of poor indoor air quality well as by numerous building management on health, learning and general well-being are and construction practices, this report does wide ranging, and include allergies and not include all state policies that potentially asthma, increased rates of infectious diseases, relate to indoor air quality. Additionally, the chronic sinusitis, headaches, and a variety of policies included in the report address

6 HEALTHIER SCHOOLS Executive Summary

"general" indoor air quality issues. State laws A number of states have developed and regulations governing specific pollutants, formal training and education such as asbestos, lead and pesticides, have initiatives aimed at building the been the subject of considerable analysis capacity of local health and school already and are not included here. officials to undertake key maintenance State policies focused directly on and school construction practices. preventing general indoor air quality problems in schools are concentrated in a relatively Most of the policies described in this small number of states. Yet schools across report are relatively new and are in the early the country have been affected by indoor air states of implementation. Thus, the report quality problems, and increased attention to does not purport to assess the effectiveness of policies aimed at prevention can benefit current policies, or to show what works and schools in all states. While there is no what does not. Instead, the report template or model policy used by states summarizes the main implementation efforts currently, many of the policies adopted so far to date and highlights some of the unique demonstrate approaches that can help challenges facing states in carrying out IAQ improve indoor air quality in schools. Some policies.For example, since school and local of these policies utilize existing administrative government officials play an important role in programs to focus attention on IAQ issues, handling IAQ issues, support for local while others create new programs. For agenciesin the form of education, training, example: technical assistance and/or financial assistanceis an important consideration for State school construction funding state policy makers.In addition, because programs, and their attendant state IAQ programs are often understaffed approval processes, are a potentially and underfunded, mechanisms and resources powerful mechanism for focusing for state implementation are particularly local attention on key elements of the important elements of state policy in this area. design and construction process that Finally, given the multitude of state agencies affect the quality of the indoor that play some role in IAQ issues, state environment. policies can be more effective if they provide School environmental or sanitary for coordination and communication among inspection programs provide a vehicle these different state agencies in carrying out for ensuring that schools undertake the policy. important, routine maintenance The remainder of this summary practices, as well as larger school highlights the policies discussed in the report. repairs. These policies illustrate approaches that states Some states have developed programs can consider in developing laws, regulations to provide financial aid for school and guidance aimed at preventing indoor air repairs, and they have used these quality problems in schools. The report does programs to help ensure that schools not suggest, however, that the policies adopt the routine maintenance discussed here represent the only or best necessary for preventing indoor air options for future policy initiatives. The quality problems. potential health, academic and financial problems created by poor indoor air quality

ii HEALTHIER SCHOOLS Executive Summary call for more concerted action to develop 1. Traditional Regulatory creative, comprehensive strategies at the state Mechanisms level. The challenge is to build on existing efforts and continue to develop programs that Although indoor air quality is viewed will improve the indoor environment in as a largely "unregulated" area, certain schools. Indeed, the growing body of regulatory requirements have been established knowledge on how to create "high to prevent indoor air quality problems in performance" schools that integrate indoor existing schools. The report discusses three environmental quality with energy efficiency, types of regulatory approaches used by states. material selection and other resource conservation goals provides a foundation for Requiring that schools adopt state policies to promote a new approach to maintenance plans or specific building and maintaining schoolsone that maintenance practices. This is one of the reflects their fundamental importance to most common state policy approaches to children, staff, the local community and preventing indoor air quality problems in society as a whole. schools. States have used education and labor laws and regulations to require schools to Key State Policy Approaches: adopt IAQ maintenance plans and Maintenance and Management management programs. One important Practices in Existing Schools consideration is the extent to which such a policy specifies the required maintenance The report discusses current state practices. State policies vary somewhat in how they balance the need for specificity in policies that aim to promote good IAQ ensuring sound plans with the need for maintenance and management practices practices that help school buildings operate flexibility to accommodate the great variation properly, that prevent and correct quickly in size and capacity of school districts. For deficiencies that may lead to serious IAQ example, Maine law requires the problems, and identify and address capital establishment of a state maintenance template, and Minnesota law requires the state projects necessary to improve indoor air quality. The policies included in the report to develop written guidance for school districts in adopting an IAQ management fall within the following four general plan. In other states, such as New York, the categories: (1) traditional regulatory mechanisms, (2) information and training, (3) state law and regulations require the funding/financial incentives and (4) public development of a maintenance plan, but leave right to know. The report describes notable the details to the school districts. In addition, or as an alternative, to examples of each of these approaches, but does not attempt to include every existing requiring a general maintenance plan, some state policy. While some states have taken state policies have set out specific required maintenance practices, most often relating to other approaches to addressing this subject the ventilation system. New Jersey has also for example, by undertaking research or by included a more general provision in its labor establishing advisory committees to regulation requiring mold prevention investigate the problemthose approaches practices such as prompt repair of leaks and are not covered in the report. removal or replacement of wet materials.

iii

8 HEALTHIER SCHOOLS Executive Summary

Whether the state policy calls for Health has authorized local health general maintenance plans or specific departments to assume this function.There minimum practices, a central question is how tends to be considerable variation in the to ensure implementation by schools. While extent to which local health departments maintenance plans themselves help establish emphasize IAQ issues in school inspections, greater accountability, the goal of such a due in large part to resource constraints and policy is not merely for schools to have the the need for training of inspectors. plan on file, but to carry out the sound Other states have required local maintenance practices incorporated in the school districts themselves to carry out the plan. Record keeping requirements for inspections. In New York, for example, the routine maintenance activities may help state law and regulations specify the local promote implementation. In addition, other team that is to conduct the inspection, aspects of state policy discussed separately in including not only a school district official, this reportschool inspection programs, but also a local code official and a school education and outreach activities to school health and safety committee representative. facilities personnel, and provisions for greater Maine state law requires school districts to public participation in decisions about school conduct annual sanitary inspections, as well as conditionscan complement the inspections of the heating, ventilation and air requirement that schools adopt maintenance conditioning (HVAC) systems. plans and practices. Second, it is important to make clear the IAQ-related criteria included in the Establishing school inspection inspection. If an inspection program is to requirements. School inspection programs succeed in changing facility practices, the are a potentially significant tool for agency conducting the inspection, as well as encouraging schools to focus attention on the school district itself, must understand basic operations and maintenance practices which IAQ-related conditions or problems that can prevent IAQ problems. States have are considered to be "failures" or structured school health and safety inspection inadequacies according to the inspection programs in different ways, and the extent to criteria. Moreover, if the standards used to which these programs effectively address judge school IAQ-related conditions are not indoor air quality depends on a number of described adequately, the inspection program factors. is less likely to achieve consistent results First, it is important to consider which across the state. agency is responsible for conducting the In New York, the education law and inspection. While state agencies generally do regulations explicitly list a number of IAQ- not perform the inspections, some related building conditions that must be occupational health and safety programs included in the inspections, and schools are authorize the state labor agency to conduct required to use a state-created form for inspections in response to school employee conducting the inspections. Some states, complaints. such as Washington and North Carolina use a States such as Washington require more general list of sanitation criteria to local health departments to carry out evaluate school facilities. However, inspections. North Carolina requires the state Washington supplements its checklist of to inspect schools, but the Department of required sanitary items with additional

iv HEALTHIER SCHOOLS Executive Summary

"recommended" practices, and uses this challenge for efforts to promote facility mechanism to promote the IAQ best maintenance and management practices that management practices contained in the state can prevent indoor air quality problems. manual. North Carolina has begun The state's role in overseeing conducting extensive training of local health spending by school districts varies from state department personnel to increase capacity for to state, and a full discussion of policies that conducting inspections relating to IAQ seek to ensure that school districts allocate conditions. The state of Ohio is in the adequate funds for maintenance and capital process of amending its school environmental projects is beyond the scope of this report. inspection report form to explicitly include a One approach that has been used is to number of items related to indoor air quality. establish criteria or a formula for maintenance Third, the effectiveness of school spending. For example, Maine law requires inspection programs will depend in large school districts to commit resources to their measure on how the programs provide for maintenance and capital improvement reporting inspection results and correcting program according to criteria established by deficiencies. As with any building inspection the state. In Massachusetts, state law and program, a key factor is the resources regulations require that schools spend a available to state or local officials to provide minimum percentage of the funds they oversight and enforcement. In New York, allocate for ordinary and extraordinary for example, state law establishes maintenance. Another strategy is to establish accountability by requiring schools to report state matching funds if a school district inspection results on a fixed date each year. allocates a certain amount for maintenance or In North Carolina, the state health capital projects. California is an example of a department must report inspection results to state that takes this approach with respect to the state education agency. In addition, the major repairs or replacement of building state of Ohio requires local health systems, and further requires any school departments to abate nuisances found in district that does not allocate or spend the schools and further empowers health agencies required amount to provide a public to order schools to correct conditions that are explanation for failing to do so. detrimental to health or well-being. New York establishes a safety rating system for 2 Information and Training schools that includes information on measures taken to address indoor air quality. Another approach that states have If a structural system or a system relevant to taken to prevent indoor air quality problems health and safety is found deficient, a school is to provide information and training on may lose its certificate of occupancy. sound facility operations and maintenance practices. Many states have developed Providing state oversight of school informational materials and have provided spending on IAQ maintenance activities. direct technical assistance without the benefit Deferred maintenance has long been viewed of a formal policy directive.Legislation may as a significant factor in the deteriorationof be necessary in some circumstances, however, school facilities. Competition for resources to provide a state agency with authority and with curricular and other programs, as well as with other faCility needs, presents a key

10 HEALTHIER SCHOOLS Executive Summary resources to develop and disseminate IAQ 3. Funding and Financial Incentives information. Some states have adopted policies States differ widely in how they directing a state agency to develop written provide funding for school maintenance and guidance on IAQ issues. A notable example repair activities. While an examination of is a Washington state law directing the these funding schemes is not undertaken here, departments of education and health to create the report highlights some state policies that an IAQ best management practices manual target funding for IAQ repairs and for schools and providing $70,000 for the improvements. Given the scarcity of task. The detailed manual developed by the resources to address school facility needs, as state Department of Health has become a well as the competition for funds with focal point for state IAQ education activities curricular and other school programs, state and is widely used both within and outside policy can play a critical role in this area. Washington. Another prominent example is Two states in particular have a Texas law requiring the state Department of developed programs to fund repairs to Health to create voluntary guidelines for improve indoor air quality. In Minnesota, the addressing indoor air quality in schools. The state has created the Capital Expenditure: resulting guidelines, which take the form of Health and Safety program to provide an outline of key practices, have also served funding to schools for health and safety an important role in focusing attention on repairs. The program specifically authorizes preventing indoor air quality problems requests for projects to address IAQ issues in through good maintenance. existing school facilities. Approximately 85 Other states have adopted policies percent of school districts in the state receive that assign the state a broader, ongoing role in aid under the program, and according to state IAQ education and training. For example, officials, IAQ projects represented the single Vermont's recently enacted indoor air quality largest category of requested aid in fiscal year law requires three state agencies to provide 2001. As a condition of receiving aid, the training and technical assistance to school state education agency requires that school officials, and to maintain an internet-based districts submit the IAQ management plans clearinghouse of IAQ information for schools required by state law, and the agency is taking and the public at large. New Jersey's a number of steps to educate districts on the occupational health and safety law establishes necessary components of those plans. an ongoing educational and technical Maine's School Revolving Renovation assistance role for the state health agency on a Fund provides financial assistance to schools range of matters, including IAQ in schools, for repairs and renovation and includes and the state has been active in producing indoor air quality improvements as one of written IAQ materials. In addition, West several areas with priority status for receiving Virginia's law directs the state Department of assistance. Applicants for funding must Education to provide schools with technical submit a copy of the maintenance plan that is assistance on HVAC issues. required under state law. In addition, state school construction funding programs can be used as an incentive for school districts to implement sound maintenance practices that will prevent

vi 11 HEALTHIER SCHOOLS Executive Summary indoor air quality problems from occurring in as mechanisms for preventing IAQ problems. the future. For example, Maine explicitly One exception is New York's school health requires that school districts submit a facility and safety policies, which establish a number maintenance plan in order to receive state of requirements that promote the school construction funding. Massachusetts community's right to know about school law provides that school districts may not environmental conditions. In addition to receive state funding for school construction requiring public access to school maintenance and emergency repairs unless they have spent records, the law and regulations require the a minimum percentage of the funds that they establishment of local school health and have allocated for ordinary and extraordinary safety committees that include representatives maintenance. of school employees and parents. The state also mandates the development of a school 4. Public Right to Know facility report card to be disseminated through public meetings. Indoor air quality is a multi-faceted area, encompassing a variety of pollutants that Analysis of Key State Policies: Design and have a range of potential health effects. Construction Practices in New and Information can be a critical tool in helping Renovated Schools parents, staff and other members of a school community take action to improve the This report discusses three types of school's indoor environment. State policy policy approaches to promote good indoor air can play an important role in ensuring that quality in new and renovated schools: (1) the public has access to this information. traditional regulatory mechanisms, (2) Yet the creation of information access information and training, and (3) public right requirements alone does not ensure that to know. The traditional regulatory information will actually reach the people requirements discussed in the report are who need it most. Some key aspects of generally established in the context of state public policies that promote a community's funding programs; for this reason, a separate right to know are: (1) mechanisms for discussion of state funding and financial informing community members that they incentives for school construction is not have the right to obtain specific information; included. (2) methods for making information accessible to all community members, 1. Traditional Regulatory including those with limited resources or Mechanisms educational backgrounds; and (3) inclusion of practical information to help people One approach to changing the way understand what steps they can take if they schools are built is the adoption of design and wish to pursue a question or concern about construction standards or requirements that indoor air quality. promote good indoor air quality. Many states Outside of the area of pesticide use in provide significant funding for school schools, which has been the subject of construction. As part of these funding considerable state legislation in recent years, programs the states often set certain there have been few state policies focusing on minimum design and construction public participation and access to information requirements and establish a process for state

vii

12 HEALTHIER SCHOOLS Executive Summary approval of local projects. The report focuses environmental standards. Those standards on four IAQ issues that have been addressed incorporate general IAQ-related issues such through such requirements: IAQ management as odors, condensation, and the need for local practices during construction; ventilation; exhaust of air pollution sources. materials and furnishings; and commissioning. One example is the state of 2. Information and Training Minnesota, which has used its school renovation and construction review process Information and training about how to address certain IAQ issues. School to prevent indoor air quality problems in new districts must verify compliance with and renovated schools is critically important ventilation and commissioning requirements to changing current school design and and must demonstrate that indoor air quality construction practices. Some of the state has been considered. New York has information policies that address incorporated IAQ issues into the state maintenance, discussed above, also cover the approval process for new school construction new construction arena. Indeed, the through use of a code compliance checklist Washington state law mandating the creation that lists requirements for IAQ management of a best practices manual focuses primarily during construction, as well as for ventilation on new construction. Similarly, the Texas systems. In addition, New York has adopted voluntary IAQ guidelines outline sound regulatory requirements relating to off-gassing design and construction practices for schools. of volatile organic compounds introduced New York state's general manual on new during construction. The state manual on school construction includes IAQ-related school construction expands considerably on issues. Like the Washington manual, it these requirements by providing information incorporates both recommended and required on IAQ considerations in the selection and practices. This approach facilitates use of materials and furnishings. implementation of existing requirements and Another state that has addressed also provides a vehicle for educating school materials and furnishings in its formal policies districts and building professionals about is West Virginia, which adopted regulations opportunities for going beyond the minimum strongly recommending that use of carpeting required practices. be limited in new and existing schools. The Another state informational initiative, rules require that schools using carpeting while not the result of legislation or provide maintenance staff with instruction on regulation, is worth-noting. The California proper care of carpeting. High Performance Schools (CHPS) initiative Washington is one state that has is a public/private collaboration involving adopted a local health department approval several state agencies and non-governmental process encompassing IAQ issues. entities to promote the construction of Washington state health regulations mandate schools that consider indoor air quality, that prior to constructing a school, the school energy-efficiency and other elements of district must submit final plans and environmental and financial sustainability. specifications to the local health department The project has produced detailed manuals, and must obtain that agency's training sessions and a set of criteria for recommendations and its written approval certifying high performance schools. that the plans meet the state's minimum viii 13 3. Public Right to Know jersey has incorporated notice provisions in its occupational safety and health regulations. Some policies that address Another public participation approach construction activities in occupied schools is to require that school districts provide a focus on the public's right to know about mechanism for involving the community in IAQ issues as one mechanism for ensuring the school design and construction process. that design and construction practices protect For example, the local health and safety occupants from indoor air pollutants. One committees mandated by New York law are key right to know issue is the provision of charged with monitoring school construction advance notice to school occupants that projects. This is a potentially powerful tool construction activities with potential IAQ for focusing community interest and impacts will be taking place. New York has participation in design and construction adopted such notice requirements through its decisions that affect indoor air quality. education law and regulations, while New

OVERVIEW OF STATE POLICY APPROACHES

Policy Goal Policy Approach Strategies In Use Now Promoting Better IAQ Maintenance 1. Traditional Regulatory 0 Maintenance plans and specified and Management Practices Mechanisms practices 19 Inspection programs ID ( )versight of maintenance spending

2. Information and Training 0 IAQ guidance and manuals MI Technical assistance, and training

3. Funding and Financial MI I:unding for building repairs and Incentives building condition surveys MI Conditioning state construction funding on adequate maintenance

4. Public Right to Know CI School health & safety committees M Public access to maintenance records, budget information Promoting Better IAQDesign and 1. Traditional Regulatory Mechanisms 0IAQ management practices during Construction Practices construction El I IVAC requirements MI Materials and furnishings selection M Commissioning requirements

2.Information and Training 0 School construction guidance and best practice manuals MI Public/private training and education initiatives

3.Public Right to Know "Advance notice of construction work ID School health & safety committees

ix 14 HEALTHIER SCHOOLS Part A, Introduction

approximately 27 percent reported Part A unsatisfactory ventilation, and almost 22 percent reported unsatisfactory indoor air INTRODUCTION quality generally. U.S. General Accounting Office "America's Schools Report Differing Background Conditions," at 62 (GAO/HEHS-96-103, June 1996). With about twenty percent of the Schools are a vital institution in local U.S. population spending their days in communities and in society as a whole. As elementary and secondary schools, the public discourse continues on the merits of potential health, comfort and productivity different approaches to improving the quality impacts of poor indoor air quality are of education, one fact holds true for all considerable.SeeNational Center for school systems: the condition of school Education Statistics, "Public School Student, facilities can have a significant impact on the Staff and Graduate Counts by State, School health, well-being and performance of Year 1999-2000" (May 2001). According to a students and school staff. working group chaired by the California This report focuses on indoor air Department of Health Services: quality (IAQ), a key component of a healthy school environment. Indoor air quality has Both students and school staff may been ranked near the top of environmental suffer the detrimental effects of poor [indoor environmental quality]. risks in a number of government studies.See, Chemical toxins and biological agents e.g.,EPA Science Advisory Board, "Reducing Risk: Setting Priorities and Strategies for in the classroom can lead to health Environmental Protection" (1990),available at risks and adverse learning conditions. http://www.epa.gov/opperspd/history7/red These can affect many different body uce/toc.htm (last visited Jan. 8, 2002). systems, and impact health, learning, Air quality problems inside school productivity, and self-esteem. Effects buildings can arise from a variety of sources, can be both transient and long-term. such as mold growth from excessive moisture Symptoms can range from mild accumulation; volatile organic chemical discomfort and the perception of emissions from furnishings and materials; bothersome odors to severe illness chemical emissions from improper use or and permanent injury. Health effects storage of maintenance and educational include increased rates of infectious supplies; insufficient fresh air supply due to diseases (e.g., influenza and the poorly designed or maintained ventilation common cold), eye and respiratory systems or to overcrowding; entry of irritation, allergies and asthma, pollutants from outside due to improper chromic sinusitis, headaches, and an siting or design of the ventilation system; and array of respiratory diseases. high radon levels. Indoor air quality problems can also result when asbestos or California Interagency Working Group on lead in building materials is disturbed during Indoor Air Quality, Committee on Indoor renovation. Environmental Quality in Schools, "Indoor In a 1995 U.S. General Accounting Environmental Quality in California Schools: Office survey of 10,000 schools,

15 HEALTHIER SCHOOLS Part A, Introduction

An Assessment of Needs and Opportunities" often related to mold infestation. The at 6 (Unreleased draft, August 1999). increased public awareness of indoor air Children are particularly vulnerable to quality problems in schools has led to a the health effects of indoor pollutants, since greater level of activity in state legislatures their rate of breathing and metabolism are around the country. Indeed, schools have greater (relative to their size) than adults, and been the subject of most of the IAQ-related since they are still developing.Recently, bills introduced over the past several years. much attention has been focused on the The federal government addresses increasing prevalence of asthma in children, indoor air quality in schools through a particularly children of color. According to number of education, research and grants the Environmental Protection Agency programs, though there is currently no federal (EPA), "(n)early 1 in 13 school-age children scheme regulating indoor air quality generally has asthma, and that rate is rising more in schools. There is undoubtedly potential for rapidly in preschool-aged children than in any additional policies and programs at the federal other group. Asthma is the leading cause of level, however this report focuses on the role school absenteeism due to a chronic illness." of state policy in ensuring healthier school U.S. EPA, "Asthma Facts," available at environments. In the absence of a federal http://www.epa.gov/iaq/asthma/intro/index scheme regulating indoor air quality, states .html (last visited Jan. 8, 2002). have ample room to develop creative Environmental asthma triggers found in approaches to improving the indoor school buildings include cockroaches and environment of schools. While school other pests, mold, and dander from animals in districts are responsible for addressing basic the classroom. Secondhand smoke and dust health and safety issues affecting students and mites are other known environmental asthma staff, with over 14,000 school districts in the triggers found in schools. A recent National country, the states can play an important role Academy of Sciences report on asthma in establishing frameworks that require,e, affirmed the importance of considering facilitate and encourage local action to measures to address biological contaminants improve health and education. and other indoor asthma triggers. National The quality of school facilities is a Academy of Sciences, Institute of Medicine, subject that falls within a number of areas CLEARING THE AIR: ASTHMA AND INDOOR traditionally of concern to states. Although AIR EXPOSURE (2000), available at most states have general legal authorities to http://www.nap.edu/books/0309064961/ht require that serious public health problems in ml/ (last visited Jan. 8, 2002). See also U.S. schools be addressed, these authorities are EPA, "Indoor Air Quality and Student mainly used to respond to a problem once it Performance," available at has reached serious proportions rather than to http://www.epa.gov/iaq/schools/performan prevent problems in the first place. State ce.html (last visited Jan. 8, 2002) policies focusing specifically on IAQ issues Poor indoor air quality is an important could help ensure that school districts take aspect of school deterioration, but only the necessary steps to prevent and address recently has it begun to receive public IAQ problems, steps that include developing attention. In part, this greater focus on IAQ an IAQ program, securing resources (financial, issues has resulted from widely publicized informational and other) to carry out the health impacts, school closings and lawsuits,

2 16 HEALTHIER SCHOOLS Part A, Introduction program, and establishing accountability for and existing school facilities, as well as better oversight of the results of the program. design and construction practices in new and States face considerable challenges in renovated schools. Additionally, since an creating approaches to improving the indoor IAQ policy has little value unless environment of schools. A principal implemented, the report highlights significant challenge is that myriad demands already implementation activities and notes potential compete for school districts' limited resources strengths and weaknesses of individual and attention. In addition, state policies policies in this regard. would likely apply to a large number of The policies included here are laws school districts that vary greatly in size and enacted by state legislatures and regulations character. Another challenge is that indoor and rules promulgated by state agencies. The air quality involves many different types of report also describes some of the activities pollutants, human activities and building undertaken by state agencies to implement systems, and while much is known about how the policies. While many state agencies to prevent and address IAQ problems, the undertake programs on school IAQ issues science and technology in this field is still without the benefit of a formal policy, a evolving rapidly. A further challenge is that discussion of those programs is outside the IAQ issues cut across several state agency scope of this report. jurisdictions. While the state education office The quality of indoor air is affected by is often a key agency, the department of many individual pollutants and pollutant health also plays an important role, as do sources, as well as by numerous building other agencies such as labor and building management and construction practices. services. Therefore, this report does not include all state statutes and regulations that bear on the Purpose and Scope subject, but rather aims to provide a detailed description of significant policies in this area. Existing IAQ policies reflect the Morevoer, the report covers "general" IAQ variety of institutional, political, social and issues, including control of chemical and economic contexts that exist within individual biological pollutant sources and ensuring states. The purpose of this report is to adequate ventilation, but does not cover provide a better understanding of the types of policies focused on specific IAQ pollutants. policy strategies utilized by states in For example, the report does not cover addressing general indoor air quality asbestos laws and regulations, which are problems. The policies discussed here found in most states, or pesticide policies, illustrate approaches that states can consider which have been a subject of considerable when developing legislation, regulations, state legislative activity and of other reports. guidance documents and programs to create healthier indoor environments in schools. Report Methodology and Structure The report provides detailed information on existing policies, with an Research for this report consisted emphasis on policy strategies aimed at primarily of identifying and analyzing relevant preventing indoor air quality problems. Thus, state laws and regulations. Related written the report focuses on policies that promote materials produced by state agencies, and better maintenance and management of generally available through the agencies' web

3 17 HEALTHIER SCHOOLS Part A, Introduction sites, were also reviewed. In addition, Part C describes policies that address selected interviews were conducted by IAQ issues in the design and construction of telephone with state agency officials new schools. This section includes three responsible for, or knowledgeable about, the policy approaches: (1) traditional regulatory policies included in the research. Information requirements; (2) information and training; about program implementation contained in and (3) public right to know. Because this report is derived from those telephone regulatory requirements relating to new conversations, as well as from agency construction are generally established in the materials. context of state funding programs, a separate Part B of this report provides an in- discussion of state funding and financial depth description of policies aimed at incentives is not included in Part C. preventing indoor air quality problems in Finally, Part D contains conclusions existing schools through sound facility about state policy activity in this area, as well maintenance and management practices. as key considerations for the further These policies fall within four general development of policy, based on the research approaches or strategies: (1) traditional undertaken for this report. regulatory requirements; (2) information and training; (3) funding and financial incentives; and (4) public right to know. Some policies are discussed under more than one of these sections. A table is included at the beginning of each section containing a list of the policies included in the discussion.

4 18 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools Part B primarily into the following four general categories:

INDOOR AIR QUALITY IN (1) Traditional regulatory EXISTING SCHOOLS requirements; (2) Information and training; State Policy Approaches To Promoting (3) Funding and financial incentives; Better Maintenance and Management and Practices (4) Public right to know.

The problem of deferred maintenance While some states have taken other is at the heart of the crisis in school facility approaches to addressing this subjectfor conditions. Throughout the United States, example the development of research projects school districts must make difficult decisions or the establishment of advisory committees about how to allocate educational resources to investigate the problemthose approaches among many important, competing programs. are not included in the report. Preventive maintenance and routine repairs, along with larger capital projects, have been 1. Establishing Traditional delayed and resources redirected to Regulatory Requirements curriculum and other needs. There is broad consensus among IAQ Some states have addressed indoor air officials and practitioners on the importance quality in schools through the establishment of routine facility maintenance and operating of traditional regulatory requirements practices in preventing indoor air quality applicable to school maintenance activities. problems and in correcting deficiencies For the most part, these efforts have not before they cause serious problems. The involved creation of numerical air quality EPA has developed an extensive set of standards for specific pollutants. Numerical materials for schools on how to put these standards most often take the form of practices in place. EPA's "Tools for Schools" minimum fresh air requirements, as well as program identifies several major components acceptable ranges for temperature and relative of a good IAQ management plan, humidity. Instead of numerical benchmarks, emphasizing prevention of IAQ problems by these policies tend to focus on key establishing and carrying out regular maintenance practices that will help provide maintenance and management practices. See adequate ventilation, as well as control http: / /epa.gov /iaq /schools /index.html. moisture, chemical emissions, and This Part discusses in detail current particulates. state policies that aim to promote good IAQ This section discusses three principal maintenance and management practices areas of regulatory activity: (1) requiring practices to ensure a building is operating maintenance plans or specific maintenance properly, to prevent and correct quickly activities; (2) establishing an inspection deficiencies that may lead to serious IAQ program for school facilities; and (3) problems, and to focus attention on needed providing state oversight of school spending capital projects affecting indoor air quality. on maintenance. Indoor air quality standards The policies discussed in this Part fall

19 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools established by states are discussed insofar as The following chart summarizes the policies they are linked to such regulatory strategies. ddescribed in this section:

1.A. MaintenancePlans and Practices State Law/Regulation Brief Description Maine Me. Rev. Stat. tit. 20-A, §§ Education laws and regulations requiring schools 4001,15918, 15905(6); Code to establish maintenance plans based on state- Me. R. § 05-071.64 created model and establishing state oversight and financial incentives. New York N.Y. Educ. Law5§409-d, 409- Education law and regulations requiring e; N.Y. Code R. & Regs. tit. 8, establishment of indoor environmental plan, §§ 155.3, 155.4 including a preventive maintenance plan with an IAQ component. Minnesota Minn. Stat. § 123B.57 Education law requiring school districts to establish a health and safety program, including an IAQ component and establishing state oversight and financial incentives. California Cal. Code Regs. tit. 8, §§ 1542, Labor regulations establishing operating and 1543. maintenance requirements for mechanical systems. New Jersey N.J. Admin. Code tit. 12, § Labor regulation establishing HVAC and mold 100-13 maintenance requirements.and providing for agency inspections and enforcement. Florida Fla. Admin. Code § 6-2.001 State education regulations requiring schools to develop maintenance policies and procedures, . including certain HVAC maintenance practices for existing and relocatable classrooms. West Virginia W.Va. Code §18-9E-3; W. Va. Education rule providing for maintenance of Code St. R. tit. 127, §§ 173 carpeting used in schools. New Jersey N.J. Stat. § 34:5A-10.2 Law restricting the use of hazardous substances in schools. 1.B. Inspection Programs State Law/Regulation Brief Description New York N.Y. Educ. Law §§ 409-d, 409- State education law and regulations requiring e; 3641; N.Y. Code R. & Regs. schools to conduct comprehensive annual and 5- tit. 8, §§ 155.4, 155.6 year facility inspections, which include an IAQ component. Washington Wash. Rev. Code § 43.20.050; State health law and regulations requiring local Wash. Admin. Code § 246-366 health departments to inspect schools for compliance with state environmental health standards.

BEST COPY AVAILABLE 49 0 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

Ohio Ohio Rev. Code553707.26, Requires local health departments to conduct 3707.03 semiannual sanitary inspections of all schools. _Authorizes health department to "disinfect" any school building, to abate nuisances and to require schools to correct conditions detrimental to health or well-being. North Carolina N.C. Gen. Stat. §§ 130A-236, State health law requiring annual health 237 department inspections of schools for compliance with state sanitation standards. California Cal. Code Regs. tit. 8, §§ 5142, Labor regulations requiring schools to conduct 5143 inspections of the HV,-C system. Maine Me. Rev. Stat. tit. 20-A, §§ State education law and regulations requiring 6801-A, 6302, 15912, 258-A, school districts to conduct annual inspections 258-B; Code Me. R. § 05- and providing for inspections by the state 071.125.10 education agency in certain circumstances. 1.C. Maintenance Spending Oversight State Law/Regulation Brief Description Maine Me. Rev. Stat. tit. 20-A,54001; State education law and regulation requiring Code Me. R. § 05-071.64 schools to meet state maintenance and capital improvement spending requirements. Massachusetts Mass. Gen. Laws Ch. 70B, §8; Education regulations requiring school districts Code Mass. Regs. tit. 603, § to spend a minimum percentage of funds 38.14 allocated for ordinary and extraordinary maintenance. California Cal. Educ. Code §§ 17584, State law requiring school districts to justify 17584.1 publicly the failure to allocate funds for deferred maintenance sufficient to receive state matching funds.

1.a. Requiring Schools to Develop a flexibility to accommodate the variation in Maintenance Plan and/or Carry size and capacity of school districts. Out Specific Maintenance Whether or not a state policy requires Practices a maintenance plan generally or sets out specific minimum practices, a crucial question The policies discussed in this section is how to ensure implemenhaion of the desired require the development of a maintenance maintenance practices. While maintenance plan and/or the adoption of specific plans themselves help ensure greater maintenance practices. As reflected in EPA's accountability of the schools, the goal is not Tools for Schools program, the development merely for schools to have the plan on file, of an IAQ maintenance plan is important to but to implement the sound maintenance ensuring that schools will institute good practices incorporated in the plan. maintenance practices. In considering the Record-keeping requirements are one extent to which a state policy should mechanism for helping to ensure enumerate the IAQ-related elements that are implementation. In addition, other aspects of required in the maintenance plan, state state policy can complement this type of policies must balance the need for specificity requirement and help ensure implementation in ensuring sound plans with the need for inspection programs and attendant

BEST COPYAVAILABLE HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools penalty provisions; education and outreach to comprehensiveness in local plans, and to school facility personnel; and public right to provide for electronic reporting of progress know about the condition of school facilities. on maintenance activities to the Department These policy approaches are discussed in of Education. subsequent sections. Maine Revised Statutes title 20-A, § 15905(6), enacted prior to the above statutes, EXAMPLE 9%. MAINE provides that the state Board of Education must require school districts applying for state Summary of Policy:Education laws and construction funding to establish a facility regulations require schools to establish maintenance plan for the life of the proposed maintenance plans based on a state-created school building. It also requires the state to model and ensure establishment of plans provide technical assistance to the school through state oversight and financial districts in implementing this requirement, incentives. including the provision of a model facility Policies: Me. Rev. Stat. tit. 20-A, § maintenance plan and other information. 4001,15918, 15905(6); Code Me. R. § Obsemations: In Maine, a state with 05-071.64. 286 school districts and strong local control Maine Revised Statutes, title 20-A, § over school issues, indoor air quality has been 4001 is an education law that requires school a high-profile issue at the state level. A state districts to establish and maintain a task force recently issued a report that offers "maintenance and capital improvement recommendations for achieving and program" for all school facilities. The maintaining healthy indoor air quality in required program must utilize a maintenance Maine's schools by using pollutant prevention template and software provided by the state and control strategies. See Maine Indoor Air Department of Education. The law also Quality Council, "Report and requires school districts to commit resources Recommendations of the Task Force on to the program pursuant to standards School Air Quality" (January 2001). A established by the Department of Education number of state laws addressing indoor air and the Department of Administration and quality-related issues in schools have been Financial Services. According to regulations enacted over the past decade. Concurrent promulgated under the law, the required with the increase in attention to indoor air program must include a plan for each building quality is an increase in the number of staff that contains, among other things, a addressing school facilities issues in the state maintenance and replacement schedule for all Department of Education. major building systems (HVAC, roof, interior The Department of Education is in painting, flooring, etc.). the process of implementing the policies Maine Revised Statues, title 20-A, § described above. The agency is developing a 15918 is a related law that requires the two template for capital asset management and departments noted above to provide one for operations and maintenance. The assistance to schools in establishing the maintenance template will include three main maintenance programs. The agencies are areas: work orders, preventive maintenance directed to provide the maintenance template schedules, and inventories. Schools will be and software, to assist with initial inventory able to implement the templates as soon as inputs to ensure consistency and they receive training from the state.

8 22 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

Maine's policies incorporate strong comprehensive maintenance plans for all financial incentives to ensure that school schools and for monitoring the condition of districts will establish the required schools. This process must include a maintenance plans. Schools receiving state comprehensive maintenance plan that assistance for construction and renovation incorporates "procedures and guidelines must develop a maintenance plan for the which will contribute to acceptable indoor air facility. In addition, school districts must quality." The monitoring program under the submit their maintenance plans, along with a law and regulations also requires the "functional analysis" of the building, as a immediate remedying of serious health and prerequisite for receipt of state funding for safety conditions and timely resolution of school repair and renovation (see Part B.3, health and safety complaints. below). The law also places certain In addition, the regulations require requirements on the statefor example, that each school district's five-year, providing assistance with the initial inventory comprehensive long-range facilities plan inputs and establishing electronic reporting of include a well-designed maintenance plan, progress in maintenance activitiesto help along with an assessment of needed building ensure implementation of the maintenance maintenance and repairs. plans. Finally, a separate provision of the Observations: New York is still in the state education code authorizes the state to early stages of implementing the requirements pursue sanctions if a school district is "not in contained in these recently adopted school compliance with the reporting, program or health and safety policies. The state does not other requirements" of the code. Maine specify the contents of the required Revised Statutes, title 20-A, § 6801(A). The comprehensive maintenance plan, and it is sanctions include withholding state subsidies not clear what mechanisms the state will use or referring the matter to the state Attorney to ensure that such a plan has been created. General for injunctive or other relief. The state law and regulations do contain extensive school inspection requirements EXAMPLE 95 NEW YORK (described in the following section) aimed at ensuring that appropriate maintenance SummaryofPolicies:Education law activities are implemented. In addition, and regulations require establishment of an school districts are required to establish health indoor environmental plan, including a and safety committees to oversee these preventive maintenance plan with an IAQ activities (see Part B.4, below). component. The requirement for a school Policy. N.Y. Educ. Law § 409-d, 409 maintenance plan is also tied to a long- e; N.Y. Code R. & Regs. tit. 8, §155.3, standing requirement contained in the 155.4. education regulations that school districts The state education law addresses a develop a comprehensive long-range plan for variety of school health and safety issues, educational facilities. The long-range plan including school maintenance, and directs the must include an annual assessment of needed state Department of Education to develop maintenance, repair and updating of regulations to implement the law. The law buildings. and implementing regulations require school districts to develop a process for establishing

9 93 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

EXAMPLE 4 MINNESOTA plan. According to the model, the IAQ management plan itself should contain Summag ofPolig: Education law prbvisions on training, communications, requires school districts to establish a health complaint response, record keeping, and safety program, including an IAQ maintenance and operations, an component, and provides for state oversight implementation schedule, and review and financial incentives. procedures. Policy: Minn. Stat. § 123B.57. Second, the CFL has contracted with This law addresses capital service providers to offer management expenditures made by schools for health and assistance to school districts pursuant to the safety projects. The law requires school law. The agency has a contract with nine districts to adopt a health and safety program service cooperatives throughout the state. that includes a management plan to monitor Each cooperative has a health and safety and improve indoor air quality. The law also management professional to assist school explicitly provides that in order to receive districts in that region in identifying and health and safety revenue from the state for prioritizing hazards and developing plans to any fiscal year, a school district must submit correct them. Under this arrangement, the an application that includes the health and management professionals are required to safety program adopted by the school board. conduct a walk-through of each school facility (See Part B.3, below). In addition, the law at least annually and to write a report of any authorizes the state to contract with third deficiencies noted. These reports, along with parties to provide "management assistance" the plans to correct the deficiencies, are to school districts for their health and safety required as part of the school district's projects. This assistance includes identifying, application for state health and safety prioritizing and controlling hazards. revenue. Observations:This education law Finally, to ensure that school districts creates both a requirement for establishing an are aware of the requirement to develop an IAQ management plan and a strong financial IAQ plan, the CFL has sent out information incentive for complying with the law. The about the requirement with its annual "policy state education agency, the Department of letter" to school districts, which contains Children, Families and Learning (CFL), has detailed information about the state health taken a number of steps to help school and safety revenue program. The 2001 letter districts adopt and implement the required reiterated the requirement that school districts plans. First, the agency has developed a have an IAQ coordinator in place in 2001 and "planning model" for schools to follow in an operational IAQ management plan in developing their plans. The model, which is place in 2002, or the districts would risk similar to EPA's Tools for Schools program, losing all health and safety revenue funding in is a listing of key elements of good IAQ 2002. Letter from Kenneth Hasledalen and management: (1) designating an IAQ Philip Allmon to Superintendents of Schools coordinator; (2) conducting an IAQ (June 5, 2001), available at assessment; (3) establishing IAQ program http://cfl.state.mn.us/FACILIT/hsletter.pdf goals; (4) building organizational support; (5) (laste visited Jan. 8, 2002). Included in the ensuring adequate funding and staffing; and letter was a form containing a set of criteria (6) developing a written IAQ management which the CFL developed with the

10 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

Department of Health, outlining the district's motors; lubricating parts; and checking the IAQ responsibilities.In order to obtain HVAC system when CO, levels exceed 1,000 future health and safety revenue funding, ppm or if the temperature is outside the range school districts were required to complete the of 68-79 degrees. form, confirming their compliance with each The regulation also explicitly of the listed elements. addresses mold prevention and cleanup. According to state officials, Employers must undertake prompt repair of approximately 85 percent of Minnesota leaks, prompt removal/replacement of wet school districts obtain state health and safety materials, and removal of mold found during aid. This aid would therefore appear to be a maintenance or visual inspection. The significant incentive for ensuring compliance regulation specifically states that any part of with the law. Nevertheless, a recent survey by the HVAC system with standing water should the CFL found that relatively few school be checked for microbial growth. districts had the required IAQ management Observation.r. The state labor law and plan in place. As a result, the CFL and the regulations contain general inspection and Health Department are undertaking two enforcement authorities that can be used to activities to increase compliance: (1) creation ensure that schools carry out the required of a more detailed model IAQ management IAQ maintenance activities. The state health plan; and (2) development of smaller, more agency (the Department of Health and Senior targeted training workshops for school Services) conducts inspections in response to districts, which will incorporate preparation employee complaints. According to officials, of the required plan. the agency does receive complaints from teachers relating to IAQ and conducts EXAMPLE ' NEW JERSEY inspections of schools on a fairly regular basis. Officials note that inspectors routinely Summary of Policy:Labor regulation review a school's HVAC maintenance requires a preventive maintenance schedule records, including the required preventive for HVAC systems, specifies certain HVAC maintenance plan, and that they may pursue maintenance practices, and requires mold an administrative order if an inspection prevention and cleanup activities. reveals visible mold growth. Policy. N.J. Admin. Code tit.12, If the agency determines that 51 00-1 3. corrective action is needed, the agency This occupational safety and health requests that the Department of Labor issue regulation requires generally that public an order to comply, which provides a time employers (including schools) establish and frame for remedying the problem. Penalties implement a preventive maintenance plan and for noncompliance are available, though schedule for HVAC systems. The schedule penalties are generally not issued for first must be updated to show all maintenance violations. According to agency policy, if it is performed on building systems, including the determined that the employer is not making a date of the work and the person performing good faith effort to abate the violation, an the work. The regulation explicitly requires Order to Comply establishing penalties will be that a number of practices be incorporated issued within 20 days. PEOSH Procedural into scheduled maintenance: Regulations, N.J. Admin. Code tit. 12, checking/replacing air filters, belts and §110-4.11.

2 5 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

In addition to this enforcement EXAMPLE FLORIDA function, the Department of Health and Senior Services conducts considerable Summary of Policy:State education outreach and education on IAQ issues. (See regulations require schools to develop Part B.2, below.) maintenance policies and procedures, including certain HVAC maintenance EXAMPLE > CALIFORNIA practices for existing and relocatable classrooms. Summary of Policy:Labor regulations Policy:Fla. Admin. Code § 6-2.001. establishing operating and maintenance This regulation incorporates by requirements for mechanical systems. reference the State Requirements for Policy:Cal. Code Regs. tit. 8, §1542, Educational Facilities (SREF), adopted by the 1543. Department of Education. Chapter five of These occupational safety and health the SREF contains a general requirement that regulations contain maintenance and local school districts establish "policies and operating requirements relating to mechanical procedures for the maintenance, sanitation systems. Among other things, the regulations and housekeeping of existing facilities to require that employers (schools) maintain and ensure the health and safety of occupants," as operate the HVAC system to provide at least well as procedures for withdrawing schools the quantity of air required by the state from use until unsafe or unsanitary conditions building code at the time the building permit are remedied. was issued; operate the system continuously The regulations specify certain during working hours (with exceptions); and elements relating to HVAC systems that must maintain the exhaust system to prevent be included in the school districts' "harmful exposure." maintenance policies. For permanent Obsemations:The principal means for facilities, HVAC filters must be kept clean, ensuring compliance with the policy is serviceable, orderly and sized to prevent through the general occupational safety and unfiltered air from entering the air stream. health enforcement process. The regulations (SREF § 5.1(e)).In addition, schools must aid in ensuring compliance by requiring that ensure that HVAC systems are "operating as the school document all maintenance designed." (SREF § 5.16(a)). The regulations performed and keep the records on file for at include more detailed HVAC provisions least five years. When the state labor agency governing relocatable (portable) classrooms, inspects a school following a complaint, the including: cleaning filters, coils, and inspector can review those records. Failure to condensate lines; keeping outdoor intake clear comply with the regulations can result in a of pollutants; and ensuring that there are no citation and penalties. Division of indications of mold or mildew in or on Occupational Safety and Health, "Policy and carpets, walls, restrooms, and the HVAC Procedures Manual P&P C-48" (Aug. 1994). system. (SREF § 5.2(b)). Observations:In addition to establishing a very general requirement for schools to develop maintenance policies and practices, these regulations provide some specific HVAC maintenance practices that must be

12 26 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools undertaken by schools. The regulations do and installation of the carpeting comply with not incorporate a mechanism for state the rules. The rule's requirement that school oversight of this particular requirement, staff receive instruction on carpet although the regulations do require that maintenance is a potentially significant schools conduct annual inspections for mechanism for preventing mold growth and compliance with the standards. other IAQ-related problems.

EXAMPLE WEST VIRGINIA EXAMPLE 4. NEW JERSEY

Summary of Policy: Education rule Summary °Policy: Law restricts the use providing for maintenance of carpeting used of hazardous substances in schools. in schools. Policy: NJ. Stat. 5 34:5A-10.2. Policy: W.Va. Code §18-9E-3; W. Va. This law prohibits the "use of any Code St. R. tit. 127, §173. hazardous substance in or on" any school "at The state education law directs the any time when children are expected to be state to promulgate rules that authorize present in the building." The law also schools to use any appropriate floor covering provides that the use or storage of hazardous based on user needs and performance substances must comply with health specifications. The rule adopted by the state department regulations. Board of Education "highly recommends" Observations: According to state that carpeting be restricted to certain types of officials, implementation of this law has been rooms in the school, and requires that carpet hampered by its lack of specificity about the used in existing or new schools meet industry circumstances to which it applies. The state standards, including those for off-gassing and has not issued implementing regulations, reducing microbial growth. The rule requires though the law has been publicized through that schools proposing to use or replace health department mailings and through carpeting provide the state with consultation with individual schools. It documentation that the use will "enhance the appears that the state has not sought to use effectiveness of the teaching environment." the law to restrict the routine usefor Moreover, wherever carpeting is in use in a example, in cleaning and maintenanceof new or existing school facility, custodialstaff certain types of products that could be for that facility must receive instruction on considered "hazardous." Rather, the law is maintenance of the carpet and on the used by the department as a basis for manufacturer's or industry's recommended requiring schools to evaluate specific facility frequency and methods of care. projects to ensure that they will be carried out Observations: This regulation helps in a safe manner. ensure that schools consider carefully the circumstances in which they use carpeting and 1.b. Establishing an Inspection that they select carpeting that will minimize Program for School Facilities indoor air quality problems. By requiring schools to provide justification for the use of The establishment of school carpeting, the state has established a inspection requirements is another common mechanism for evaluating whether such use is approach to ensuring that school districts appropriate and for ensuring that selection maintain their facilities and correct quickly

1:3

I7 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools any problems that develop. Facility Policy: N.Y. Educ. Law §§ 409-d, 409 inspections may be used to determine e, 3641; N.Y. Code R. & Regs. tit. 8, §§ 155.4, whether required maintenance plans or 155.6. specific maintenance practices, discussed As noted earlier, New York's above, are being implemented. In addition, education code requires the state to establish some of the inspection programs discussed and monitor a comprehensive public school below are used to determine whether general building safety program. The law, in state health, sanitary or environmental conjunction with its implementing standards are being met. regulations, incorporates two principal States have structured school health inspection requirements that address and safety inspection programs in different environmental health conditions at school ways. The extent to which these programs facilities. will help ensure good indoor air quality First, a five-year building condition depends on a number of factors, including: survey is required for each facility. The survey (to be conducted by a team that includes at which agency is responsible for least one licensed architect or engineer) conducting the inspection and what assesses the useful life and need for repair, type of oversight or accountability is maintenance or replacement of all major provided; building systems, as well as environmental what items relating specifically to IAQ features such as appearance, cleanliness, are covered by the inspection and acoustics, lighting quality, thermal comfort, how clear it is to school officials humidity, ventilation and space adequacy. which IAQ-related conditions or (N.Y. Educ. Law § 3641 requires the five-year problems are considered to be building condition surveys and authorizes "failures" or inadequacies; and financial aid for schools to conduct the how the results of the inspection are surveys. See Part B.3, below). used to address problems, including Second, annual visual inspections whether the policies require reporting must be completed by November 15 of each of inspection results and correction of year, and are conducted by a team that deficiencies. includes a code enforcement official, the school district director of facilities, and a As with any building inspection member of the school health and safety program, how well these measures work in committee. These annual inspections serve as practice depends in large part on the a re-check of items covered by the five-year resources available to provide oversight and building condition survey in years when the enforcement. five-year survey does not take place. The annual inspection reports must indicate if EXAMPLE 4. NEW YORK more frequent inspections and repairs are necessary to protect the health and safety of Summary of Policy:State education law students and staff occupying the school and regulations require schools to conduct buildings. The regulations also provide that comprehensive annual and five-year facility the Department of Education may require inspections, which include an IAQ more frequent inspections as necessary to component.

14 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools maintain the safety of school buildings and inspection results to the state by January 15. the welfare of the occupants. However, the regulations do not specify the A related component of New York's consequences for faifure to provide the school inspection policy is the annual safety report. rating for all occupied school buildings, which The Department of Education's is determined by each school district after inspection program seeks to ensure some consultation with the school health and safety degree of consistency in the standards that are committee and in accordance with a state- used to judge indoor environmental quality in developed rating system. The safety rating is school facilities. The law and regulations to be used to develop or amend a school explicitly list several IAQ-related building district's five-year facilities plan, which conditions that must be included in the identifies critical maintenance needs. Among inspections, and schools are required to use a the requirements of the annual safety rating state-created format for conducting the are: the estimated cost to keep the building in inspections. The state has developed an a state of good repair, the projected Annual Visual Inspection Report form that operations and maintenance spending for the includes some general environmental criteria current school year, and the need for routine such as humidity, ventilation and cleanliness, maintenance, repairs, and other in addition to specific HVAC items. See improvements. Several specific types of http://www.emsc.nysed.gov/ facplan/Report environmental information must also be part s/AnnualVisualInsp_101901.PDF. of the rating, including the "(s)tatus of The framework established by the law measures taken to assure acceptable indoor and regulations also contains certain measures air quality." to help ensure that schools undertake routine Observations: New York's law and maintenance and address problems detected regulations set up a program of in the inspections. The state education code comprehensive health and safety inspections requires schools to obtain an annual intended to "ensure that all school facilities certificate of occupancy from the Department are properly maintained and preservedand of Education conditioned on satisfactory provide a suitable educational setting." The results from an annual fire safety inspection. results of the inspections are to be used to Under the safety rating scheme, a school will assist schools in developing long-range facility lose its certification of occupancy if a plans in a consistent manner. Since the state structural system or a system that relates to is in the early stages of implementing these health and safety is rated as unsafe or requirements, it is too soon to draw lessons unhealthy (defined in the regulations as: from the state's experience in this regard; "System is non-functioning, unreliable or not however, several features of the state policy functioning as designed. System endangers are noteworthy. occupant health and/or safety, and/or has School districts themselves are deficiencies that have resulted in serious responsible for conducting the inspections, accident or injury.") although the law requires an inspection team Furthermore, Section 409-d(3) of the and specifies the composition of the team. education code provides that the state One mechanism for ensuring that schools education agency is authorized to notify carry out the mandatory inspections isthe school districts in writing of "the existence of requirement that schools report the annual a hazardous condition found in any school

9 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools building within the school district that is in Observations: The Washington model violation of applicable building, health, or directs local health officials to inspect school safety codes or regulations that may threaten facilities to ensure that they are maintained the health and/or safety of students or staffs. according to state health standards. The state Such notice must be acknowledged and regulations require "periodic" inspections responded to within five business days or rather than requiring inspections annually or less."Section 155.4(d)(9) of the regulations at another time interval. For this reason, provide that school districts "shall take allocation of resources is particularly actions to immediately remedy serious important to ensuring that inspections are conditions affecting health and safety in carried out. State officials note that local school buildings, and shall report such actions health departments vary as to their degree of to the commissioner." involvement in IAQ and other school health and safety issues, due primarily to resource EXAMPLE 9, WASHINGTON constraints. Some local health departments have an active school health and safety Summary of Policy:State health law inspection program and play an important and regulations require local health role in ensuring good IAQ in schools, while departments to inspect schools for other local health departments are much less compliance with state environmental health visible in these areas. standards. Another key aspect of Washington's Policy: Wash. Rev. Code § 43.20.050; inspection policy is the degree to which the Wash. Admin. Code § 246-366. health standards that are being used to guide Washington's school inspection school inspections address indoor air quality program is contained in the state health issues. Washington's regulations do not regulations. These regulations were address indoor air quality explicitly, although promulgated pursuant to a state law providing some provisions are indirectly related. The the state health department with general standards may provide adequate authority for authority to adopt rules controlling public local health departments to require schools to health related to environmental conditions in take action, however the lack of specific IAQ all types of public facilities. The regulations provisions may result in inconsistent require local health officials to conduct application of the standards across the state. periodic inspections of school facilities to It is notable that the state health ensure that schools comply with the agency has developed a checklist of health minimum environmental standards set out in and safety requirements for schools, which the regulations. The provisions most relevant can serve to better acquaint not only local to indoor air quality include requirements that health officials, but also school personnel, buildings be kept clean and in good repair, with the agency's environmental health that floors have easily cleanable surfaces, that standards. As a way of promoting IAQ there be local exhaust for air pollutant practices that go beyond the state sources, and that rooms be kept reasonably requirements, the checklist also includes free of objectionable odor, excessive heat and "recommendations" made by the health condensation. Following an inspection, local department and other agencies in the area of health officials are to issue a report with indoor air quality. recommendations.

30 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

EXAMPLE -P. NORTH CAROLINA conditions that are dangerous to the health of students, the inspector is to notify the school Summary of Policy:State health law district superintendent immediately and to requires annual health department inspections forward a copy of the inspection report to the of schools for compliance with state local and state superintendents. The statute sanitation standards. provides generally that the department is to Policy: N.C. Gen. Stat. §§ 130A-236, submit written inspection reports to the state 237. Board of Education. North Carolina is another example of Observations: According to state health a state whose health law and regulations officials, the requirement for annual school establish a school inspection program. The inspections is met through local health North Carolina law requires state health department inspections. Local health officials to establish sanitation requirements departments are independent of the state for schools, to inspect schools annually, and agency but are authorized by the state to carry to submit written inspection reports to the out these inspections. While the local state Board of Education. The law also agencies do conduct annual inspections, they requires schools to take action immediately to do not receive separate funding for it, and correct conditions that do not meet the some jurisdictions are more active than others sanitation rules. in school health and safety matters. The law calls on the state Moreover, since the state law Commissioner for Health Services to develop addresses indoor air quality issues somewhat regulations covering issues such as indirectly, training of local health officials is "cleanliness of floors, walls, ceilings" and critical to ensuring a thorough school adequacy of ventilation. The law addresses sanitation inspection. The state plays an these issues in a general way, providing, for active role in this regard, providing asthma example, that ventilation must meet the state and IAQ training for local environmental building code requirements; floors, walls, health specialists. According to state health ceilings and fixtures (e.g., grills and vents) officials, this training program is helping to must be kept clean and in good repair; and make indoor air quality issues more central to that the premises generally must be kept neat the functions of the local departments. and clean at all times. The law also directs While the law explicitly orders school school officials to use pesticides and other districts to promptly correct deficiencies, toxic materials as directed, and to handle and neither the law nor the regulations provide a store the materials to avoid health hazards. direct consequence for the failure of a school The state Department of Health and district to do so. Moreover, the regulations Human Services is required to inspect each flatly state that the "grade cards" prepared by school at least once annually for compliance the local health department inspectors "shall with the law and to complete an inspection not be posted in schools," thus foregoing an report. The law establishes a rating system opportunity to involve the community in for schools, ranging from "A" (for those improving school conditions. receiving 90 percent) to "unapproved" (for those receiving less than 70 percent). If the inspection results in a rating of "unapproved" or finds an imminent hazard or other

17 31 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

EXAMPLE OHIO automatic room temperature controls; (2) inlets and outlets unobstructed; (3) system SummaryofPolicy:State health law maintained; (4) free of excessive heat, odor requiring local health departments to conduct and condensation; and (5) filtration. Some of semi-annual school inspections and the other specific items included in the draft authorizing health department to take action form that are relevant to IAQ include: to abate nuisances or correct conditions detrimental to health and well-being. Outside air intakes (Exterior Policy: Ohio Revised Code § 3707.26, Surroundings); 3707.03. Condition of carpeting in rooms The state health law requires local (Buildings/Interiors); health departments to conduct sanitary Chemical storage (Science inspections of school buildings. The Laboratories, Vocational /Industrial inspections are to be carried out by the city Arts, Art Rooms); and health department or the general health Integrated pest management (Pest district (covering towns within a county). Management). The law specifies a minimum of semi-annual inspections. EXAMPLE9%.CALIFORNIA The Ohio law differs somewhat from the Washington and North Carolina policies Summary of Policy: Labor regulations in giving the local health departments fairly require schools to conduct inspections of the broad authority to take action to address HVAC system. unsanitary conditions, including IAQ Policy: Cal. Code Regs. tit. 8, §1542, problems. For example, the local agency may 1543. "disinfect" any school building, though the California's labor regulations law does not elaborate further on what governing public workplaces require at least conditions would give rise to such action.In annual inspections of a school's HVAC addition, local health departments are system, along with annual testing of the required to "abate all nuisances." This ventilation rate of every mechanical system. section further empowers health agencies to The state may conduct an inspection of a order schools to correct "all conditions school in response to a complaint from an detrimental to health or well-being found employee, pursuant to the state's general upon school property." occupational safety and health law and Observations: The state Department of regulations. Health has sought to incorporate further IAQ Obseruationj: As discussed in the issues into the school inspection process by previous section, these regulations set forth a drafting revisions to the school inspection number of maintenance and operating report form used by local sanitary inspectors. requirements relating to the mechanical The draft School Environment Inspection systems that should, presumably, guide the Report lists 16 areas that must be reviewed by inspections conducted by the school and any the inspector, and contains a list of items to inspection carried out by the state in response look at within each area. "Indoor Air Quality to a complaint. & HVAC" is one such area and includes the following specific items for review: (1)

18 32 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

EXAMPLE 4. MAINE voters of the school district. In 1995, the state enacted section 258-B, which provides that the commissioner must also conduct air SummaryofPolicy: State education law and regulations require school districts to quality testing in schools under the same conduct annual inspections and provide for circumstances described above, except that a inspections by the state education agency in petition by only 50 percent of the parents of the children of one school is sufficient to certain circumstances. Polities: Me. Rev. Stat. tit. 20-A, 55 trigger the inspection. This section also 6801-A, 6302, 15912, 258-A, 258-B; Code requires the commissioner to direct school superintendents to notify any citizen who Me. R. 55 05-071, 125.10. State law and regulations in Maine requests a school facility inspection of the require annual inspections of school facilities. petition process. Under Section 6302 of the state's education Observations: The requirement for code, enacted in 1991, school districts must annual HVAC inspections includes a conduct annual inspections of the HVAC minimum standard that must be met by HVAC systems. The system must be system and must correct any problems "within a reasonable time." The school operated continuously (with certain district must maintain written records of exceptions) and must provide at least the HVAC inspections and maintenance for at quantity of outdoor air required by the state building code in effect when the system was least five years. The state education rules, adopted in 1996, also require the school to installed or when the building permit was conduct annual inspections of the facilities' issued, whichever was later. The school sanitary conditions. These regulations, which approval regulations requiring annual sanitary inspections also list the following criterion set out requirements forbasic approval and accreditation of schools, direct school districts relating to IAQ: "Each instructional room must have sufficient air changes toproduce to correct any deficiencies. Maine law also calls for inspection of healthful conditions and to avoid odors, school facilities by the state in certain accumulation or concentrations of toxic circumstances. Section 15912 of the substances or dust particles." education code, enacted in 1981, provides the The school approval regulations do provide sanctions for failure to satisfy school state with recourse if a schooldistrict fails to approval requirements, including the sanitary maintain a school facility "to protect health, welfare and safety" of the people who use the inspection requirement and the required facility. Under such circumstances, the correction of deficiencies. Among the regulations are: Department of Education may inspect the consequences provided in the school and order corrective action. Under placement on "provisional status," section 258-A, enacted in 1983, the state withholding of financial subsidies, or referral In addition, the state commissioner of education is required to for legal action. education code authorizes the state to pursue inspect a school and report the findings and recommendations to the school board if: sanctions if a school district is "not in petitioned by 60 percent of the parents of the compliance with the reporting, program or other requirements" of the code. The children of one school; requested by the school board or superintendent of schools; or sanctions include withholding state subsidies petitioned by 20 percent of the registered

33 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools or referring the matter to the state Attorney school districts allocate adequate funds for General for injunctive or other relief. maintenance activities. When the state inspects a school upon petition or upon request from the school, the EXAMPLE .4. MAINE standards to guide the inspection are the "applicable school approval standards." Summary of Policy:State education law These standards include the provision for and regulation requiring schools to meet state sufficient air changes noted above. maintenance and capital improvement While the state policy providing for spending requirements. state inspections upon petition presents a Policy: Me. Rev. Stat. tit. 20-A, § 4001; relatively clear opportunity for state oversight Code Me. R. 5 05-071.64. of school health and safety conditions, the As discussed earlier, this education law sets a fairly high bar for obtaining a state law requires schools to establish and maintain inspection. Moreover, the air testing a "maintenance and capital improvement provisions, while specifically addressing IAQ program" for all school facilities based on a issues and concerns, do not provide detail as template provided by the Department of to the kind of testing that is to be done, how Education. The law also requires that school the testing is to be done, or the criteria for districts "annually commit resources to that evaluating the results. program pursuant to standards established by the Department of Education and the 1.c. Providing State Oversight of Department of Administration and Financial School Spending on IAQ Services." Regulations implementing the law Maintenance provide that school districts must submit annual reports to the Department of One of the most important challenges Education indicating the actual amount facing efforts to improve IAQ-related budgeted for maintenance and capital maintenance practices is the need to ensure improvement, and whether those amounts adequate funding for maintenance activities. comply with the district's maintenance and Competition for resources with other school capital improvement plan. programs is an ongoing consideration for Observations: In implementing this state policy makers seeking to promote good provision, the Department of Education is indoor air quality through sound facility treating maintenance projects somewhat operations and maintenance practices. differently than capital renewal /improvement The state's role in providing funding projects. The department is currently for school facilities varies from state to state. developing a standard governing minimum A full discussion of these funding schemes allocations for capital projects, and plans to including the incentives and disincentives they condition the receipt of new capital or create for undertaking maintenance activities renovation funds on satisfaction of this is beyond the scope of this report. Such an standard. For maintenance activities, the examination is, however important to agency plans to publish the amount each developing policies to encourage good IAQ school district spends per pupil. This management practices. The following are approach seeks to use greater public examples of state policies that establish an accountability as a mechanism for ensuring oversight role for the state in ensuring that adequate maintenance expenditures.

34 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

EXAMPLE 9, MASSACHUSETTS deferred maintenance project, defined in the law as "major repair or replacement of Summary of Policy: Education plumbing, heating, air conditioning, electrical, regulations require that school districts spend roofing, and floor systems, the exterior and a minimum percentage of thefunds allocated interior painting of school buildings, the in a given year for ordinary and extraordinary inspection, sampling, and analysis of building maintenance. materials to determine the presence of Policy: Mass. Gen. Laws ch.70B, § 8; asbestos- containing materials, the aide Mass. Regs. tit. 603, § 38.14. encapsulation or removal of This regulation requires that every asbestos-containing materials, and any other school district expend funds for utilities and items of maintenance approved by the State for ordinary and extraordinary maintenance in Allocation Board." If less than the prescribed an amount "not less than 50 percentof the amount is allocated by the school district, the district's combined foundation budget district must submit a report to the legislature allotment for those categories for the given and state agencies explaining why they failed fiscal year." The regulation further provides to do so. that no school project will be authorized for Observations: Although this law does funding unless the school district is in not require a specific amount of spending on compliance with this requirement. deferred maintenance projects, it does require Observations: This regulation seeks to schools to budget a certain minimum amount address the problem of deferred maintenance for such projects in order to receive state by establishing minimum spending levels for matching funds. If a school district fails to maintenance and utilities. By conditioning spend all of the money budgeted, then the state aid for school projects on meetingthe state takes back its share. Moreover, school minimum spending requirement, the districts that fail to do so must justify their regulation creates a strong financial incentive actions in writing and make the information for compliance. available to the public. Following enactment, the state education agency sent a letter to school districts notifying them of this new EXAMPLE 9, CALIFORNIA requirement. According to state officials, the policy seems to have led at least one large Summary of Policy:State law requires school districtthe Los Angeles Unified school districts to justify their failure to School Districtto budget the required allocate funds for deferred maintenance amount after having failed to do so in sufficient to receive state matching funds. previous years. Po lig-.Cal. Educ. Code §§17584, 17584.1. 2. Providing Information and This law requires schools to budget a Training on Good IAQ certain amount of funds for deferred Maintenance Practices maintenance, based on a prescribed formula, in order to receive state matching funds, Information and training are critical unless certain emergency circumstances exist. components of any program to ensure good Any state funds awarded, along with the local IAQ maintenance practices. Many state funds being matched, may only be used for education and health agencies have developed

21 35 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools valuable educational materials for school low-emitting products. The state of officials on the subject of maintaining good Massachusetts, for example, recently indoor air quality in schools. One notable produced a "Recycled and Environmentally example is a series of technical bulletins Preferable Products and Services Guide" that produced by the Maryland Department of contains a listing of all products under state Education on topics ranging from carpeting contract (and available to school district to building ecology. Other examples include purchasers) that contain environmentally "Indoor Air Quality Guidelines for preferable features. Pennsylvania Schools" (Pennsylvania This report does not aim to describe Department of Health) and "Indoor Air the range of IAQ educational materials Quality: A Guide for Educators" (California produced by state agencies, but rather to Department of Education). In addition, some highlight two approaches: the enactment of states have developed environmentally formal state policies creating IAQ educational preferable purchasing guides that include or training resources for school officials, and information for school districts on how to the creation of practice manuals that describe buy cleaners, carpets and other less toxic and both required and recommended IAQ practices.

State Law/Regulation Brief Description Vermont Vermont House Bill 192 Law requiring the establishment of specific IAQ information and training programs for schools and the public. Texas Tex. Health & Safety Code 5 385; State health law mandating creation of voluntary 25 Tex. Admin. Code § 297.1-.6 guidelines for L-1Q in schools, and regulation promulgating guidelines. Washington Wash. Rev. Code 5 70.162 State law providing for the development of an IAQ best management practices manual. Minnesota Mn. House File No.1 ( §26, State education law requiring the state to develop Subdivision 1) and disseminate a number of manuals and other informational resources. New Jersey N.J. Stat. § 34:6A-31. Labor law directing state labor agency to provide technical assistance on health and safety issues covered by the state labor law. West Virginia W.Va. Code 5 18-9E-3, 4, 5; W.Va. State education law and rules providing for Leg. Rules 126-173, 175 technical assistance to schools on HVAC problems.

36 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

EXAMPLE '=P VERMONT program within three key state agencies, and for allocating an additional staff position for Summary of Po lig: Law requires the the new IAQ and environmental health establishment of specific IAQ information functions described in the law. and training programs for school officials and the public. Example 4. Texas Policy. Vermont House Bill 192. The focus of this law is the provision Summary of Policy: State health law of information on IAQ and environmental mandates the creation of voluntary guidelines health issues in schools. One of the central on indoor air quality in schools and features of the law is the creation of a web regulations promulgate the guidelines. site to serve as a clearinghouse on Policy:Tex. Health & Safety Code § environmental health. The web site, to be 385; 25 Tex. Admin. Code § 297.1-.6. jointly developed by two state agencies (the This 1995 state law required the state Department of Health and the Department of department of health to adopt rules Buildings and General Services) must establishing "voluntary guidelines for indoor incorporate items specified in the law, air quality in public schools, including including information on common materials guidelines for ventilation and indoor air and practices that may compromise IAQ; a pollution control systems." Pursuant to the list of preventive management options; a list legislation, the health department created of non-toxic or least-toxic supplies, "Voluntary Indoor Air Quality Guidelines for equipment, materials and furnishings; and a Public Schools," which were adopted as list of environmental health criteria that regulations in 1997. schools may use in determining which The non-binding guidelines are materials to purchase or use. general in nature and cover a broad range of The law also requires the IAQ issues for existing schools and new Departments of Health, of Buildings and construction. With respect to maintenance General Services, and of Education to activities, the guidelines first outline steps to provide technical assistance at the request of take in the initial development of an IAQ schools, by helping to identify potential program, as well as in the preparation of a sources of environmental pollutionand written IAQ management plan. The making recommendations on remedying any guidelines then describe several important problems. In addition, the agencies are operations and maintenance topics, including: required to provide training to school preparation of a written preventive officials. The law mandates an annual maintenance program; HVAC practices; "school environmental health training microbial management; use of pesticides and workshop" for school environmental health cleaning products; housekeeping; training; and coordinators and school administrators, as record keeping. well as annual training for school Observations: The guidelines adopted maintenance and custodial staff. by the health department were developed in Observations: This law was enacted in consultation with an advisory committee. The 2000 and is in the early stages of department has sought to assist school implementation. The measure is notable for districts in developing their own guidelines establishing a training and technical assistance

23 37 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools and plans based on the state model and in discussion of practices that are required by implementing the EPA's Tools for Schools law, as well as those that are recommended by approach. While a number of schools have the agency as best management practices. In begun to use the guidelines, state officials an introduction to the document, the agency note that additional resources targeted to states that "all users of the Manual, including outreach and education could enhance school districts, should evaluate the implementation of the general practices discretionary recommendations presented in outlined in the guidelines. this Manual, and adopt or promote those which, in their judgment, are relevant and EXAMPLE '> WASHINGTON applicable to their circumstances, and feasible to implement." Summary of Policy:State law provides Observations: Washington's Best for the development of an IAQ best Practices Manual has played a central role in management practices manual. improving understanding of good IAQ Policy: Wash. Rev. Code § 70.162. practices in schools. While the manual has a In 1993, Washington enacted a law primary focus on new construction, it also has providing funding for the Department of been used to improved maintenance practices. Education to work in conjunction with the As noted earlier, the state Department of Department of Health to develop best Health has incorporated the manual as management practices for use by schools in voluntary guidelines in the agency's checklist addressing indoor air quality in new or of school health and sanitary standards. modernized school facilities. In response to the legislation and to the perceived need for EXAMPLE =P. MINNESOTA practical guidance on addressing IAQ issues in schools, the Department of Health created Summary of Policy:State education law the "School Indoor Air Quality Best requires the state to develop and disseminate a Management Practices Manual" in 1995. See number of manuals and other informational http://www.doh.wa.gov/ehp/ts/School/Sch resources. oolAirBMP.pdf (last visited Jan 4, 2002). The Policy: Mn. House File No.1 (Section Department received funding for the project 26, Subdivision 1). from the state Superintendent of Public This law requires the state Instruction. The manual focuses particular Department of Children, Families and attention on new construction but also Learning to develop a school IAQ addresses existing schools. maintenance manual, as well as a manual for The 175-page manual is not a step-by- IAQ in school construction. The law step technical document but does provide in- specifies various types of information that depth discussion of all aspects of IAQ-related must be included in the manuals, including maintenance activities, as well as a discussion training needs and maintenance practices that of the basic elements of good IAQ planning are required to ensure good IAQ. and management. The key sections Observations: The department has addressing existing schools cover: operating completed the maintenance publication, titled and maintaining HVAC systems; controlling "Indoor Air Quality Operations and contaminant sources; and IAQ planning and Maintenance Manual," containing detailed management. The manual includes a

3 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools information on operations and maintenance presents general information on health effects, practices in the areas of administration, identification and control of bioaerosols, and mechanical ventilation, building envelope and emphasizes preventive maintenance practices. housekeeping. The manual includes See http://www.state.nj.us/health/ checklists that can be used by school officials oh/peoshweb/bioaero.htm (last visited Jan 4, and also discusses the components of a 2002). The agency has also worked to educate baseline IAQ evaluation. In addition to the school districts on EPA's Tools for Schools manual, the CFL has produced for the public program and to workWith schools to a widely-circulatedflier titled "Indoor Air implement the program. Quality: An Issue For Parents, Employees and Building Occupants." EXAMPLE a:. WEST VIRGINIA

EXAMPLE a, NEW JERSEY Summary of Policy: State education law and rules provide for technical assistance to schools on HVAC problems. Summary of Labor law directs Policy: W.Va. Code §§ 18-9E-3,4,5; state labor agency to providetechnical assistance on health and safety issues covered W.Va. Leg. Rules, 126-175. West Virginia's law governing indoor by the law. air quality in schools, enacted in 1999, Policy: N.J. Stat. § 34:6A-31. This state labor law requires the state authorizes the state Board of Education to hire HVAC technicians to assist schools in to publish and disseminate toemployers and employees "informational, educational and preventing and addressing HVAC problems, using funds allocated through the legislation. training materials" to aid in achieving the The rules adopted to implement the act goals of the law. reiterate the requirement that technicians are Observations: The state has to provide technical assistanceand training to implemented this general requirement by personnel as publishing a number of guidance documents county and school maintenance relating to indoor air quality in schools. In needed. Observations: This policy is unusual in order to assist schools in carrying out the requirements of the state's occupational that it not only directs the state education assistance to health and safety regulations (see Part B.1, agency to provide technical schools on HVAC issues, but also provides above), the Department of Health andSenior Services has published a document titled for the development of state technical expertise on the subject. The state has hired "Indoor Air Quality Model Program," which technicians, who have begun to work with includes information on state regulatory requirements, a discussion of how to maintain local school districts. Among the challenges faced by the state in implementing this policy good indoor air quality (including formsand worksheets), and a list of resources for is ensuring that local school districts take action to address any HVAC problems that schools on the subject. See are identified. http://www.state.nj.us/health/eoh/peoshwe b/iaq.pdf (last visited Jan 4, 2002). The agency's other IAQ-related publications include "Indoor Bioaerosols" (1997), which

25 39 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

3. Providing Schools With Funding this report does not examine state funding of and Financial Incentives school maintenance and repairs, the following are some examples of policies that either One of the key obstacles to provide funding for IAQ-related maintenance promoting good IAQ maintenance practices and repair projects or establish financial is the financial cost to local school districts of incentives for school districts to undertake carrying out the work. Preventive maintenance activities. maintenance and timely repairs can produce both financial benefits from the avoided cost associated with IAQ problems and productivity benefits from better indoor air quality, yet competition for educational resources remains a significant obstacle to changing behavior in this area. While

State Law/Regulation Brief Description Minnesota Minn. Stat. § 123B.57 State educational law providing for state funding to schools for capital expenditures on health and safety projects, including indoor air quality projects. Maine Me. Rev. Stat. tit. 30-A, § 6006-F State educational law establishing a state fund for school repairs and renovations. New York N.Y. Educ. Law § 3641(4) State education law providing for state aid to conduct state-mandated building condition survey. Maine Me. Rev. Stat. tit. 20-A, § 15905 Education law requires a facility maintenance plan as a condition of receiving state school construction funding Massachusetts Mass. Gen. Laws ch.70B, § 8; Education law and regulations condition state Code Mass. Regs. tit. 603, § 38.14. construction funding on minimum levels of maintenance spending.

Alaska Alaska Stat. 55 14.11.011, Education law requiring school districts to 14.11.013. implement a preventive maintenance plan in order to receive funding for construction and repairs and giving funding priority to districts with higher maintenance spending.

26 40 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

EXAMPLE .9, MINNESOTA who assists the school districts in that region with identifying and prioritizing hazards and Summary ofPolig: State education law developing plans to correct them. Under this provides state funding to schools for capital arrangement, the management professionals expenditures on health and safety projects, are required to conduct a walk-through of including indoor air quality projects. each school facility at least once during the Policy: Minn. Stat. § 123B.57. year and to write a report of the deficiencies Minnesota law establishes a "Capital noted. These reports, along with the plans to Expenditure: Health and Safety" program correct the deficiencies, are required in that provides revenue to schools for health applications for state health and safety and safety repairs. Under the program, revenue. school districts submit an application to the As discussed in Part B.1, in order to state education agency each year with a total receive state funds, school districts must revenue request for such projects. Of the develop an IAQ management plan. Thus, amount approved by the state, a portion is While providing funds for capital projects, the provided in state aid, and the school district is law seeks to ensure attention to ongoing permitted to levy the remaining amount. If preventive maintenance practices. the district fails to levy the entire amount permitted, state aid is reduced EXAMPLE MAINE proportionately. State aid is equalized, with the state providing approximately 15 percent SummaryofPolicy: Law establishes a overall. The program specifically authorizes state fund for school repairs and renovations. requests for projects to address IAQ issues in Policy: Me. Rev. Stat. tit. 30-A, § existing school facilities, provided that a 6006-F. health or safety issue is identified. Maine law establishes the School Observations: Minnesota's Capital Revolving Renovation Fund, which provides Expenditure: Health and Safety program has financial assistance to school administrative been a significant resource for assisting units for school repair and renovation. The schools in addressing the causes of indoor air Fund provides zero-interest loans with quality problems, for example, through varying pay-back periods, as well as grants in upgrading or repairing HVAC systems or the form of forgiveness of principal payments removing contaminated building components on the loans. In order to be eligible to receive and furnishings. According to state officials, funds under the program, a project must be IAQ projects accounted for $20-30 million of on a priority list developed by the the total $92 million in state-approved Department of Education. In developing the projects in fiscal year 2001, representing the priority list, the department is required to give single largest category of requested aid. special consideration to projects that include The state education agency also "urgent health and safety needs." The law contracts with service providers to provide specifically establishes improving air quality in school districts with management assistance, a school building as one of several areaswith pursuant to the law. The agency has a "first priority status" for receiving funds. contract with nine service cooperatives Although the Fund is administered by the throughout the state. Each cooperative has a Maine Municipal Bonds Bank, the health and safety management professional Commissioner of Education is authorized to

41 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools receive revenue from the fund, and any such central component in the state's approach to revenue must be deposited in a dedicated ensuring that school buildings are maintained account for carrying out the purposes of the in good condition. By providing financial aid legislation. for conducting the surveys, the policy seeks to Observations: The School Revolving avoid a likely obstacle to local implementa- Renovation Fund has served as an important tion. resource for school repair and renovation activities. According to officials, the state has EXAMPLE 4' MAINE put $100 million dollars into the Fund since it was established in 1997, and 80-90 percent of Summary of Policy: Education law the money disbursed under the program has requires a facility maintenance plan as a been earmarked for IAQ problems condition of receiving state school generally moisture-related problems or air construction funding. exchange problems. As discussed in Part B.1, Policy: Me. Rev. Stat. tit. 20-A, § applicants for funding must submit their 15905. maintenance plan for the facilities; thus, the This law provides that the state must policy seeks to ensure attention to preventive require school districts applying for school maintenance practices at any facility that construction funding to establish a facility receives funding for major repairs. maintenance plan for the life of the proposed building. The state is to provide technical EXAMPLE NEW YORK assistance to schools, including a model facility maintenance plan, in carrying out this Summary of Po lig:State education law requirement. provides for state aid to conduct state- Observations: This law uses school mandated building condition survey. construction funding as a financial incentive Policy: N.Y. Educ. Law § 3641(4). for school districts to put in place a This law, which establishes a maintenance plan for newly built facilities. requirement that schools conduct five-year While the law does not specify the building condition surveys, authorizes components of the plan, it does require the financial aid for schools to conduct the state to develop a model maintenance plan surveys. The state is also authorized to enter and to assist schools in establishing their into state-wide contracts with architects and plans. As discussed in Part B.1, another law engineers to provide building condition requires all schools to have a maintenance surveys on a regional basis for a fixed fee per program and the state education agency is square foot. The legislation states that required to prepare a maintenance template because the state's existing aid formula does that schools can use. This policy provides an not provide for local assistance for building additional mechanism for ensuring that condition surveys, additional funding is schools put the required plans in place. necessary to assist local public school districts. Observations:In addition to addressing all major building systems, the state law specifically requires that five-year building surveys include a number of indoor environmental features. The survey is a

28 42 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

EXAMPLE MASSACHUSETTS boards are responsible for developing and implementing such a_plan. (Alaska Stat. §§ Summary of Policy: Education law and 14.14.090, 14.08.111) The law further regulations require that school districts spend provides that in reviewing grant applications, a minimum percentage of the funds that have the state education agency must prioritize been allocated for ordinary and extraordinary funding projects based on a number of maintenance, in order to receive state school factors, including "the amount of district construction funding. operating funds expended for maintenance." Policy: Mass. Gen. Laws ch.70B, § 8; Obsemations: This policy uses the Code Mass. Regs. tit. 603, § 38.14. state's construction and repair funding As discussed in Part B.1, this law and programs to provide a financial incentive for regulation require that schools meet minimum compliance with the state requirement that spending levels for ordinary and extraordinary school districts develop and implement a maintenance, in order to receive state funding preventive maintenance plan. The state for school construction and emergency education agency has developed a handbook repairs. The regulation further provides for on preventive maintenance that does not suspending state payments if a school district address IAQ issues specifically, but does fails to remain in compliance with the discuss how to develop and implement a requirement. preventive maintenance plan generally. The Obseruationi: This policy uses the handbook includes a recommendation that financial incentive of state construction schools set aside five percent of the present funding to ensure that a minimum percentage value of the building for preventive of the funds allocated for maintenance in a maintenance. The handbook also notes that given year is in fact used for that purpose. the scoring system for the state capital improvement funding program gives EXAMPLE 9%. ALASKA increased points based on the "percentage of total maintenance expenditures relative to the building replacement value(s)," with Summary: Education law requiring maximum points for five percent or more. school districts to implement a preventive maintenance plan in order to receive funding State of Alaska Department of Education & Early Development, "Preventive Maintenance for construction or major repairs, and giving Handbook" at 8 (1999), available at priority to districts with higher levels of http://www.eed.state.ak.us/facilities/publicat maintenance expenditures. ions/PreventiveMaintenance.pdf (last visited Policy. Alaska Stat. §14.11.011, Jan. 9, 2002). 14.11.013. This education law establishes funding programs for school construction and major repairs, and requires that school districts applying for grants submit evidence that they have developed a preventive maintenance plan and are implementing that plan. Another part of the school education code sets forth the general requirement that school

43 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

4. Strengthening the Public Right to Following are some examples of state Know About Indoor Air Quality in policies relating to IAQ in schools that Schools specifically include public right to know provisions. In addition to such policies, many The public plays an important role in states have public records laws that mandate helping to ensure compliance with key public access to governmental information. environmental, health, consumer protection Those laws may enable citizens to gain access and other laws. One strategy for ensuring to school information that is reported to state that schools take action to prevent and agencies, or to gain direct access documents control indoor air quality problems is to maintained by school districts. provide the public with information to hold schools accountable for carrying out their responsibilities to maintain healthy indoor environmental quality in schools.

State Law/Regulation Brief Description New York Regents Statement of Principles; State Board of Education establishing right to N.Y. Educ. Law § 409-d, 409-e; know principle, and education law and N.Y. Code R. & Regs. tit. 8, §S regulations providing for access to information 155.3, 155.4, 155.6 about school facilities. New Jersey N.J. Admin. Code dt. 12, 5 100-13 State labor regulations requiring retention of maintenance records and employee access to the records. California Cal. Code Regs. tit. 8, §1542, Labor regulations requiring retention of 1543 maintenance records and employee access to the records. California Cal. Educ. Code 55 17584, 17584.1 Education law requiring public dissemination of information regarding budgeting and planning for deferred maintenance projects.

EXAMPLE 95) NEW YORK improving the environmental quality of schools. In addition to stating that "every child has a right to an environmentally safe SummaryofPolicy: State Board of and healthy learning environment which is Education establishes right to know principle, clean and in good repair," the principles and education law and regulations provide for provide that "every child, parent, and school access to information about school facilities. employee has a 'right to know' about Policies-. Regents Statement of environmental health issues and hazards in Principles; N.Y. Educ. Law 5§ 409-d, 409-e; their school environment." N.Y. Code R. & Regs. tit. 8, §155.3, 155.4, The state education law and 155.6. regulations contain some provisions that build In 1994, the New York State Board of on the right to know principles established by Regents adopted guiding principles for the Board of Regents. As discussed'earlier,

4 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools the school health and safety program created health and safety committee "should be as by the state education code and implementing broad as possible," the guidance outlines the regulations requires the development of a key functions of the Committees, including maintenance plan, as well as comprehensive monitoring construction and maintenance school inspections. The law and regulations projects and tracking complaints and provide that the maintenance plan and the responses. The document states that districts inspection reports, along with records of should conduct outreach to staff, unions and complaint investigations, must be made parents to recruit members of the committee, available to the public on request. The state and also suggests the formation of health and safety policy also requires school committees both at the building level and districts to prepare annual "school facility district wide. report cards," and school boards must report at a public meeting on each element included EXAMPLE .q> NEW JERSEY in the school facility report cards. In addition to providing for access to Summary of Policy: Labor regulations these facility documents, the law and require retention of maintenance records and regulations provide for public participation in employee access to the records. a school's health and safety activitiesby Policy: N.J. Admin. Code tit.12, mandating the establishment of a health and 100-13. safety committee at the school district level Under the state's occupational health consisting of representation from district and safety regulations discussed in Part B.1, officials, staff bargaining units and parents. employers (schools) must retain maintenance Observations: New York's law and records for three years and make the records regulations provide for community access to a available to employees. number of different documents describing the Observations: By requiring schools to condition of school facilities and school retain maintenance records, these regulations maintenance practices. Whether this establish one mechanism for public information is used will depend on many accountability in addressing basic indoor air factors, including the extent to which the quality issues. public is informed that the information exists. The law and regulations do not establish a EXAMPLE CALIFORNIA general affirmative duty on the part of school officials to notify the public of the existence Summary of. Policy: Labor regulations of the documents. One notable exception are require retention of maintenance records and the provisions governing school facility report employee access to the records. cards, which mandate dissemination through Poligr. Cal. Code Regs. tit. 8, §1542, public hearings. This is also potentially 1543. significant because the report cards must These occupational safety and health include "the status of measures taken to regulations, discussed in Part B.1, also require assure acceptable indoor air quality." that employers retain maintenance records The Department of Education has and make them available to employees upon developed a guidance document for school request. districts on establishing a health and safety committee. Stating that the duties of the

3l 45 HEALTHIER SCHOOLS Part B, Indoor Air Quality in Existing Schools

Observations:This requirement differs facilities, and to provide a foundation for somewhat from the New Jersey labor local accountability in that regard." Toward regulations discussed above, in that the this end, the law requires that schools failing records must be maintained for five years and to meet the minimum budget formula must must be made available for inspection and justify their actions and make this information copying within 48 hours of a request. In available to the public. Moreover, school addition, the records must be provided to districts are required to discuss their plans to employeesortheir designated representative; expend funds from the deferred maintenance this provision potentially allows affected fund at a regularly scheduled public hearing. parties other than employees to review the Observations:This law uses public records, provided they have been designated participation and access to information as the by the employee as a representative. primary tool for changing behaviorin this case, aiming to ensure that schools establish EXAMPLE =P CALIFORNIA adequate budgets for deferred maintenance projects by drawing public attention to a Summary of Policy:Education law school district's failure to obtain available requires public dissemination of information state funding.Rather than simply requiring regarding budgeting and planning for deferred public access to written information, the law maintenance projects. establishes an affirmative duty on the part of Po/ig: Cal. Educ. Code § school districts to discuss plans for deferred 17584,17584.1. maintenance projects at a regularly scheduled This law, described in Part B.1, public meeting. The policy is not specific to requires schools to budget a certain amount indoor air quality, but it encompasses IAQ- for deferred maintenance in order to receive related deferred maintenance projects. state matching funds. The law explicitly states that its purpose is to "inform the public regarding the local decision-making process relating to the deferred maintenance of school

32 46 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools

health, productivity and financial impacts. Part C Greater attention to key IAQ-related aspects of building design and construction (for INDOOR AIR QUALITY IN example, mechanical systems, building shell NEW AND RENOVATED features, low-emitting materials and IAQ SCHOOLS management during construction) can help prevent indoor air quality problems from State Policy Approaches to Promoting developing in the first place. In addition, the Better Design and Construction Practices portable classrooms used widely to address overcrowding can create significant indoor According to a 1999 U.S. Department environmental quality problems of their own of Education estimate, two new K-12 schools in particular, poor ventilation, water are started each business day in the United intrusion, and chemical off-gassingif not States, for a total annual cost of built properly. approximately $16 billion. See U.S. Dep't of States have a potentially significant Education, "K-12 School Construction Facts" role in improving the way schools are built, (May 1999), available at since most states provide funding for local http://www.ed.gov/inits/construction/k12-f school construction and require state acts.html. A recent study estimated the costs approval at various stages of design and for repair and replacement of schools based construction. See generally, National on infrastructure needs at approximately $268 Governors Association, "Building America's billion. National Education Association, Schools: State Efforts to Address School "Modernizing Our Schools: What Will It Facility Needs" (June, 2000); U.S. General Cost?" at 22 (2001). In addition, court- Accounting Office, "School Facilities: mandated school construction programs are Construction Expenditures Have Grown being created to address inequities in school Significantly in Recent Years" (March 2000). funding formulas. States such as Ohio and States can also serve an educational and New Jersey have recently developed school training function in this process. construction programs that seek to address This Part discusses in detail existing such historic imbalances in resources and state policies for ensuring that schools are facilities in school districts. designed and constructed with good indoor The amount of school construction air quality in mind. These policies are activity that will occur in the coming years grouped into the following three general creates a tremendous opportunity to change approaches: the way we build schools across the United Statesto prevent pollution, promote health (1) Traditional regulatory and create places of inspiration for children requirements; and the larger school community. Yet for the (2) Information and training; and most part, indoor air quality is not a (3) Public right to know. prominent consideration in the design and construction of schools in the United States. This Part does not contain a separate Many newer schools have had indoor section on state policies that incorporate air quality problems resulting in serious funding and financial incentives to promote

4'7 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools healthy school construction, however, most requirements relating to indoor air quality, for of the regulatory approaches that are example, with respect to mechanical systems. discussed here have been adopted in the This section does not provide a review of context of state school construction funding these state building code provisions, but programs. In addition to general school rather discusses examples of state education, construction programs, some states have health and labor policies that address indoor provided funding for pilot "high air quality issues directly or indirectly. Most performance" school construction projects. common among these are education laws and For example, Pennsylvania's Department of regulations, which establish minimum design Environmental Protection has provided and construction standards in conjunction funding to support the High Performance with the state school construction funding Schools Partnership Project, which is program. developing pilot schools that are both "green These policies seek to ensure good and healthy."See indoor air quality by setting requirements in http://www.dep.state.pa.us/dep/deputate/p the following four key areas: IAQ ollprev/p2_features/hpsp.htm (last visited management practices during construction Jan. 7, 2002).In addition, the California and renovation; ventilation; materials and Energy Commission has provided grants to furnishings; and commissioning. help build two model high performance This Part does not include schools. See http://38.144.192.166/releases/ requirements relating to siting of school 2001_releases/2001-09-14_newsrelease.html facilities. Facility siting can have important (last visited Jan. 7, 2002). These programs implications for the indoor environment. For have been created independent of state law or example, hazardous materials located on the regulation and are not included here. site can be released or drawn into the school building. Many states have laws that address 1. Establishing Traditional the siting of school facilities on contaminated Regulatory Requirements: land, and these issues have been the subject Standards and Required Practices of other publications. See, for example, Child in Design and Construction Proofing Our Communities Campaign, "Creating Safe Learning Zones: Invisible School construction is generally Threats, Visible Actions" (2002),available at required to conform to a state or local http://www.childproofing.org/ building code that contains some cslzindex.html.

34 48 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools

State Law/Regulation Brief Description Minnesota Minn. Stat. §§ 123B.71, 123B.72 State education law establishing ventilation and commissioning requirements for new school construction projects and establishing a state review process. New York N.Y. Educ. Law §§ 408, 409e; State education law and regulations establishing N.Y. Code R. & Regs. tit. 8, 55 various requirements applicable to new school 155.1 (b)(3), 155.2(b)(1), 155.5 construction projects. West Virginia W.Va. Code § 18-9E-3, 4, 5; State education law and rules establishing new W.Va. Code St. R. tit. 126 55 construction requirements relating to 173, 175 ventilation, material selection and radon. Massachusetts Code Mass. Regs. tit. 603, § State education regulation establishing 38.03 requirements relating to IAQ management during construction. New Jersey N.J. Admin. Code tit. 12, § 100- State labor regulation establishing requirements 13.5 for construction of occupied schools and for materials selection. Washington Wash. Admin. Code § 246-366 State health regulations establishing minimum environmental standards for newly constructed schools and requiring local health department review and approval of plans and specifications, as well as pre-occupancy inspection.

EXAMPLE 4. MINNESOTA process, which includes a demonstration by the school that "IAQ has been considered" Summary ofPolig: State education law during this process. The school may not establishes ventilation and commissioning conduct a referendum for bonds, solicit bids requirements for new school construction or use state capital facility revenue without projects and establishes a state review process. going through the review and comment Po/icy. Minn. Stat. §§ 123B.71, process; however, the law gives the state 123B.72. discretion to issue an exemption to a facility This law establishes certain state maintenance project. approval requirements for school renovation Ventilation. Minnesota's law and construction projects. For projects over specifically requires, as part of the $250,000, the school must consult with the consultation process, that the school submit state prior to developing plans and information to the state showing that the specifications, and the state is required to HVAC system will at least meet the current provide the school with information on code, and that the design will allow for indoor air quality. As part of the consultation monitoring of outdoor air flow and total air process, the law sets out certain items that flow. Recently, the state legislature added a must be submitted to the state, although the requirement that prior to occupying a school state may require that the school submit after an HVAC installation or retrofit project additional information for approval. For subject to the state review and comment projects that will exceed $500,000 the school process, the school must demonstrate that it must go through a state review and comment uses a filtration system meeting the current

35 49 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools

ASHRAE (American Society of Heating, According to state law and Refrigeration and Air-Ccnditioning Engineers, regulations, plans and specifications for Inc.) standard. building projects must be submitted to the Commissioning. A related Department of Education for projects costing requirement of the law is that prior to at least $10,000, as well as for any project occupying a school after an HVAC affecting the health and safety of students. installation or retrofit project subject to the Upon approval of plans and specifications, state review and comment process, the school the commissioner issues a building permit. must document commissioning of the system Once a permit is issued, it may be revoked if to show that it meets the ventilation standards there is a violation of the state fire prevention described above. Schools must submit the and building code or of any other state safety documentation to the local building code standard. (As noted in Part B.1, a school's official or, if there is none, to the state certificate of occupancy must be reissued education agency and the state building code annually and is based on a satisfactory fire and office. If the system does not meet the building code inspection report.) standards, the code official or commissioner In addition to the state law and of education may allow occupancy for up to regulations, the Department of Education has one year while the system is improved. developed a Manual of Planning Standards Observations:The state has prepared a describing in detail all aspects of school checklist of items that must be submitted to construction. See the state during the review and comment http://edlink.nysed.gov/facplan/Publicat/mp process, including certification that the s1998.pdf (last visited: Jan. 7, 2002). The specific HVAC requirements have been met. manual, originally published in 1965 and According to state officials, the state requires updated in 1998, includes both minimum the architect to sign off on these HVAC items requirements and recommended practices. at the outset of the project. The requirements incorporated into the manual reflect, and in some cases expand on, EXAMPLE .=P NEW YORK existing requirements in the law and regulations. Summary of Policy:State education law IAQ Management During and regulations establish various requirements Construction/Renovation. State law requires applicable to new school construction the Department of Education to develop a projects. monitoring system for the safety of public Policy. N.Y. Educ. Law § 408, 409e; schools, including the establishment of N.Y. Code R. & Regs. tit. 8, § 155.1(b)(3), uniform safety standards governing all 155.2(b)(1), 155.5. construction projects. The agency has In New York, the Department of promulgated regulations setting forth Education serves as the building department standards to ensure the safety of building for public schools, other than those in New occupants during construction. Among the York City. The agency issues building permits requirements included in the standards are: and certificates of occupancy, which are preventing the passage of dust and necessary in order for a school to receive state contaminants to occupied parts of the aid. building; maintaining ventilation during

36 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools construction; ensuring noise abatement; carpeting, wall coverings, and drapery. controlling chemical fumes, gases and other Manufacturers shall be contacted to contaminants; and involving the school health obtain information regarding and safety committees in monitoring safety appropriate temperatures and times during construction. needed to cure or ventilate the Ventilation. The school facilities product during use and before safe regulations provide that new school occupancy of a space can be assured. construction must comply with the state Building materials or furnishings building code (N.Y. Code R. & Regs. tit. 9, §§ which 'off-gas' chemical fumes, gases, 600-1250), which requires that mechanical or other contaminants shall be aired systems meet ASHRAE standards. The out in a well-ventilated, heated school facilities regulations also require warehouse before it is brought to the generally that each teaching space be provided project for installation or the with "a controlled supply of fresh air and shall manufacturer's recommended have sufficient air changes to produce `off-gassing' periods must be healthful conditions and avoid odors or scheduled between installation and use build-up or concentrations of toxic substances of the space. If the work will generate or dust particles." toxic gases that cannot be contained The minimum fresh air requirement is in an isolated area, the work must be reiterated in the agency's Manual of Planning done when school classes and Standards. The manual further prohibits programs are not in session. The placement of air intakes adjacent to school building must be properly ventilated bus loading areas, loading docks or air exhaust and the material must be given proper vents. (Manual at 76.) time to cure or "off-gas" before Materials and Furnishings. The re-occupancy. school facilities regulations prohibit "materials, equipment, and types of N.Y. Code R. & Regs. tit. 8, 5 155.5(j)(1). construction which may endanger the health, safety and comfort of occupants." The Observations: According to state regulations further specify procedures for off- officials, the state has experienced school gassing of volatile organic compounds closings due to contractors' failure to maintain (VOCs) introduced during construction adequate separation between construction projects: work and occupied spaces. Thus, the requirements for IAQ management during The bid specifications shall require construction are particularly important, and schedules of work on construction the state has prepared a "code compliance and maintenance projects which checklist" form to ensure that the rules are include time for 'off-gassing' of followed. See http://www.emsc.nysed.gov/ volatile organic compounds facplan/SubInfo.htm (last visited Jan. 7, introduced during construction before 2002). The form, which must be submitted to occupancy is allowed. Specific the state in connection with all new projects, attention is warranted for activities includes a list of each requirement along with including glues, paint, furniture, a space for the school to indicate the page

51 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools number on which the items appear in the solvent adhesives for applying the floor contract documents for the project. In covering; and allowing at least 48 hours addition to this document, the agency has before re-occupancy. (Manual at 37). created a separate checklist of items relating Together, the regulations and the to IAQ management during construction that manual cover substantial ground in addressing must appear in contract documents. The materials selection and IAQ issues. It is Manual of Planning Standards also contains a difficult to ascertain the extent to which these separate appendix emphasizing the provisionsa combination of contract requirements for taking the proper document requirements, required practices, precautions during construction projects in and considerations for taking actionhave occupied buildings; including the requirement resulted in changes in school practices. There that such precautions be specified in the does not appear to be a formal mechanism in contract documents. place for oversight into how most of the The code compliance checklist form specified practices are implemented by also includes a check-off of the following schools. ventilation requirements: (1) 15 cubic feet/minute of fresh air in classrooms; (2) EXAMPLE =P WEST VIRGINIA "ASHRAE 62" requirements; and (3) "sequence of operation." Summary of Policy: State education law The Manual of Planning Standards and rules establish new construction expands on the regulations governing requirements relating to ventilation, material materials selection and indoor air quality selection and radon. issues. The manual provides generally that Po/icy: W.Va. Code §18-9E-3,4,5; W. "materials shall be selected and specified with Va. Code St. R. tit. 127, §§ 173,175. the specific goal of promoting health and West Virginia provides funding for safety of building occupants. Consideration school construction, and schools must submit must be given to choose material proven to all new designs to the state for review and have low emissions of volatile organic approval prior to preparation of final bid compounds and limited production of documents. According to state officials, the particulate matter over their projected life School Building Authority reviews cycle." (Manual at 27). The manual also schematics, design development plans and bid provides that schools must exercise caution in documents. In addition to the two issues selecting carpeting and floor coverings, "with discussed below, the indoor air quality law consideration and guarantees from the focuses particularly on radon, mandating that manufacturers regarding limitation and new schools be tested for radon within one control of...microbial growth, outgassing, year of occupancy and at least every five years (and) cleanability" of the carpet or floor thereafter. The law requires that unacceptably covering as well as the backing and adhesives. high levels be mitigated and directs the School (Manual at 37). The manual further Building Authority to promulgate rules recommends: airing out the carpeting two to establishing acceptable radon levels. three months in advance; allowing for a 30- Ventilation. The state education law day cook-out period before occupancy; using establishes ventilation standards for new adhesives sparingly; using low-odor, low- schools. According to the statute, any new

52 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools school built by a county board of education, EXAMPLE MASSACHUSETTS regardless of the funding source, must be designed and constructed in compliance with Summary of Policy: State education current ASHRAE standards, as well as the regulation establishes requirements relating to BOCA (Building Officials Code IAQ management during construction. Administrators International) building code. Policy. Mass. Regs. Code tit. 603, § Materials/Furnishings. As noted in 38.03(13). Part B.1, the statute directs the state to IAQ Management During promulgate rules that authorize schools to use Construction/Renovation. These regulations any appropriate floor covering based on user governing the school building program were needs and performance specifications. The adopted pursuant to the general authority of rule adopted by the board "highly the state Board of Education to promulgate recommends" that carpeting be restricted to regulations implementing the state education certain types of rooms in the school, and law. The regulations establish requirements requires that carpet used in existing or new that must be met by all capital construction schools meet industry standards, including projects seeking school building assistance those for off-gassing and reducing microbial grants from the state. The regulations were growth. The rule also requires that schools promulgated to "assure that the proposing to use or replace carpeting provide Commonwealth's interests in funding public the state with documentation that the use will school construction are safeguarded and "enhance the effectiveness of the teaching ensure maximum attention to the cost effects environment." of the program and design decisions and Observations: Prior to the material and systems selections... ." Projects establishment of this law, new schools were undertaken while a building is occupied must not required to meet ASHRAE ventilation implement containment procedures for standards, including those for minimum fresh pollutants created during the construction air intake. In addition to addressing minimum process. The procedures must be consistent fresh air requirements, the state has taken with the "IAQ Guidelines for Occupied significant steps to encourage schools to Buildings Under Construction," published by consider carefully the circumstances in which the Sheet Metal and Aix Conditioning they use carpeting and to select carpeting that Contractors National Association, Inc. will minimize IAQ problems. By requiring (SMACNA). schools to provide justification for the use of Observations: These regulations require carpeting, the state has established a compliance with current industry standards mechanism for evaluating whether such use is for addressing indoor air quality during school appropriate and for ensuring that selection construction where the building is occupied. and installation of the carpeting comply with The requirement has broad applicability, as it the rules. is a condition of receiving state financial assistance for school construction projects. Moreover, the regulation establishes a mechanism for ensuring compliance by requiring that all bids include the cost of

39 53 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools planning and carrying out the containment respect to the materials selection measures. requirements, the school might have to demonstrate that it considered VOC content, EXAMPLE 4. NEW JERSEY but the regulation does not require or prohibit certain materials nor mandate specific Summary) of Polig: State labor practices. A stronger basis for the state to regulation establishes requirements for IAQ require a school to correct a problem is the management during construction and for requirement for local ventilation of gases or material selection. other pollutants. Policy: N.J. Admin. Code tit.12, As noted earlier, in addition to this §100-13.5. regulatory role, the agency serves an education IAQ Management During function on occupational health and safety Construction/Renovation. This labor issues, including indoor air quality. With regulation, in addition to providing the respect to new construction, the health maintenance-related requirements discussed in department has published a document titled Part B.1, requires local ventilation during "PEOSH [Public Employees Occupational renovation or remodeling of buildings if the Safety and Health] Policy on Building work produces dust, particles, toxic gases or Renovation." The document reiterates the other harmful substances in quantities that are regulatory requirements relating to indoor air hazardous to health. The regulation also quality and describes methods for minimizing specifically provides that work in occupied health hazards. The publication also areas must be isolated, with dust and debris addresses the subject of carpeting, which is confined to the work area. not specifically covered in the regulations. Materials and Furnishings. The The document describes the potential IAQ regulation provides that before using paints, impacts from carpet installation and provides adhesives, sealants, solvents, and other tips on reducing potential health hazards, materials in construction, the employer must including: limiting the use of carpeting in the check product labels or obtain information workplace, never using carpeting where from the manufacturers on whether the persistent moisture may be present, airing out materials contain VOCs that could be emitted carpeting prior to installation, vacuuming old during regular use. Moreover, the regulation carpeting prior to removal, relocating workers states that this information shall be used in during installation, isolating and ventilating selecting products. the work area, keeping the carpet clean and Observations: These requirements are dry, and using the least volatile adhesive. See enforced through the traditional mechanisms http://www.state.nj.us/health/eoh/peoshwe for investigating and citing violations of b/bldgreno.htm. occupational safety and health standards, as discussed earlier. Thus, if the state health EXAMPLE '4 WASHINGTON department receives a complaint from a school employee stemming from construction Summary of Policy:State health practices, the department could conduct an regulations establish minimum environmental inspection and issue a citation requiring a standards for newly constructed schools and schedule for correcting the problem. With require local health department review and

54 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools approval of plans and specifications, as well as elements of the plans and specificationsfor a preoccupancy inspection. example, the HVAC system will enable the Policy: Wash. Admin. Code § 246-366. school to meet those standards. As noted The school inspection program within earlier, the general nature of the standards the state Department of Health, described in makes it less likely that their application will Part B.1, also contains requirements relating be consistent across the state. Local health to newly constructed schools. The regulations departments vary considerably in the extent of mandate that, prior to construction of a new their involvement in IAQ and other school facility, a local board of education must environmental issues, due largely to resource submit final plans and specifications to the constraints. local health department and must obtain both the agency's recommendations and written 2. Providing Information and approval that the plans meet the state's Training on Good IAQ Design and minimum environmental standards. As Construction Practices discussed previously, the standards most relevant to indoor air quality include Achieving good indoor air quality in requirements that buildings be kept clean and new schools, as in existing schools, depends in good repair, that floors have easily in part on the education and training of those cleanable surfaces, that there be local exhaust who are responsible for making design and for air pollutant sources, and that rooms be construction decisions. States have a kept reasonably free of objectionable odor, significant role to play in providing such excessive heat and condensation. Following information and technical assistance. While construction, the local health department is formal state legislation or regulations may not directed to conduct a preoccupancy be necessary to create valuable educational inspection to determine that the school resources or provide technical assistance, state conforms with the approved plans and policy can be important in strengthening the specifications. The regulations were state's role in this area. promulgated pursuant to state law (Wash. Many states have school construction Rev. Code § 43.20.050) providing the state manuals. This section describes some state health department with general authority to manuals and guidance documents that focus adopt rules controlling public health related to exclusively or significantly on IAQ issues, as environmental conditions in all types of well as the laws or regulations that gave rise to public facilities. the publications. This section also describes Observations: This policy provides one state's efforts to develop apublic/private local health departments with considerable partnership to educate school and design authority to review new school construction professionals on how to create "high plans and ensure that the school is built performance" schools. according to the plans, although the While this report focuses on IAQ in regulations do not specify consequences for schools, state policies that lead to the an unsatisfactory preoccupancyinspection. development of IAQ guidance in other areas While the state's minimum environmental may also be useful in the schools context.For standards are general, the regulations do example, a 1990 California law required the provide authority for ensuring that various state to develop non-binding guidelines on

41 55 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools reducing exposures to VOCs from and major furnishings. See California construction materials used in office Department of Health Services, "Reducing buildings. See California Health & Safety Occupant Exposure to Volatile Organic Code 426.10. The resulting guidance Compounds (VOCs) From Office Building document can also help guide school efforts Construction Materials: Non-Binding to reduce VOC exposures resulting from Guidelines" (1996),available at construction materials, construction products, http://www.cal-iaq.org/VOC/VOC.html (last visited Jan. 4, 2002).

State Law/Regulation Brief Description Texas Tex. Health & Safety Code 5 385; State law mandating creation of voluntary 25 Tex. Admin. Code § 297.1-.6 guidelines for IAQ in schools, and regulations promulgating guidelines. Washington Wash. Rev. Code § 70.162. State law providing for development of best management practices, and state-created manual describing required practices as well as recommendations for addressing IAQ in schools. Minnesota Mn. House File No. 1 (§26, State education law requiring the state to Subdivision 1) develop and disseminate a number of manuals and other informational resources. New York New York State Department of State-created manual describing both required Education, Manual of Planning and recommended practices and procedures for Standards. school design and construction, including IAQ practices. California California "Collaborative for Collaborative effort including several state High Performance Schools agencies to develop information, technical (CHPS)" initiative assistance and training on school construction that promotes indoor and outdoor environmental quality.

BEST COPY AVAILABLE 56 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools

EXAMPLE .=P TEXAS recommendations for addressing IAQ in schools. Summary of Po lig: State law mandates Policy: Wash. Rev. Code § 70.162. the creation of voluntary guidelines for IAQ As noted in Part B.2, state legislation in schools, and regulations promulgate the provided funding to the Department of guidelines. Education to work in conjunction with the Policy:Tex. Health & Safety Code § Department of Health to develop best 385; 25 Tex. Admin. Code § 297.1-.6. management practices for schools to address As described in Part B.2, this 1995 IAQ in new or modernized facilities. The state law required the state Department of "School Indoor Air Quality Best Management Health to adopt rules establishing "voluntary Practices Manual," created in 1995, focuses guidelines for indoor air quality in public particularly on new construction practices. schools, including guidelines for ventilation The 175-page manual, prepared by the and indoor air pollution control systems." As state Department of Health with funding a result, the state departmentof health from the state Superintendent of Public created "Voluntary Indoor Air Quality Instruction, provides a detailed discussion of Guidelines for Public Schools," which were a wide range of IAQ considerations for adopted as regulations in 1997. school design and construction. The manual The non-binding guidelines are includes a discussion of practices that are general in nature and cover a broad range of required by law, as well as those that are IAQ issues for existing schools and new recommended by the agency as best construction. With respect to new management practices. The key sections of construction, the key topics addressed are the manual addressing new construction are: building design, maintaining acceptable assembling the design team; preparing an indoor air quality during renovation, HVAC indoor pollutant source control plan; system testing, and commissioning of the complying with codes and standards; building. assessing budget and scheduling impacts; site Observations: As discussed earlier, and facility planning; HVAC design these voluntary guidelines have helped recommendations; selection of materials, promote good IAQ practices in schools, interior finishes, and furnishings; and design although additional training and education documentation. resources could help broaden the impactby Observations: As noted earlier, the Best providing more detailed explanation of the Practices Manual has served as an important general practices outlined in the guidelines. tool for the state in facilitating better school IAQ practices, particularly in new construction. Ongoing education and EXAMPLE 9, WASHINGTON assistance provided to school districts by the agency is critical to implementation of the Summary of Policy:State law provides approaches discussed in the manual. for the development of best management According to state officials, the education practices; the resulting state-created manual department actively uses the manual. In describes required practices as well as school districts that are requesting significant state funding for new construction, the

. 57 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools department determines the extent to which EXAMPLE 4. NEW YORK the district is using the manual in its design and construction process. According to Summary of Policy: State-created officials, the Seattle school district has used manual describes both required and the Best Practices Manual in the development recommended practices and procedures for of numerous construction projects in the past school design and construction, including few years. IAQ practices. Policy: New York state's "Manual of EXAMPLE .9%' MINNESOTA Planning Standards" (rev. 1998) is written primarily for school architects and engineers. Summary of Policy: State education law It is comprehensive in scope and fairly requires the state to develop and disseminate detailed in its descriptions of both state a number of manuals and other informational requirements and recommended practices for resources. new school construction and renovation. Po lig: Mn. House File No.1 (Section Observations: This manual, while not 26, Subdivision 1). specifically mandated by a state law or This law, discussed in Part B, directs regulation, serves an important function in the state education agency to develop both a reiterating and expanding upon some of the school IAQ maintenance manual and a IAQ-related requirements contained in state "planning and construction manual to assure regulations. In particular, the section on indoor air quality" in schools. The law sets material selection emphasizes the importance out a number of items to be included in these of considering potential adverse health effects manuals and, in particular, requires the and taking appropriate steps to prevent those construction manual to contain "architectural, impacts. engineering, maintenance engineering, and other design practices to positively affect EXAMPLE =P' CALIFORNIA indoor air quality." Observation: In lieu of creating a new Summary of Po lig: A collaborative manual, the state education agency uses and program involving several state agencies, distributes a detailed manual created by the along with non-governmental entities, to Minneapolis school district. That manual develop information, technical assistance and provides recommended specifications for a training on building schools that promote range of IAQ design and construction issues, environmental quality, both indoor and including thermal and moisture protection, outdoor. finishes, furnishings, and IAQ management Poky: The California "Collaborative during construction. Minneapolis Public for High Performance Schools (CHPS)" Schools, "Acceptable Indoor Air Quality for initiative is a joint effort among several School Construction Projects." (rev. 2000). California agencies, as well as various utility companies and non-governmental organizations, to promote the design and construction of "high performance" schools buildings that are energy efficient and provide

44 50 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools healthy, comfortable indoor environments. regulations, it is significant for a number of Indoor air quality is a central element of the reasons: it involves a variety of state agencies; high performance school model. Key it addresses both indoor air quality and other products of the initiative so far are technical "green building" issues; and it involves a design guidelines that incorporate resource program that combines training, education efficiency, daylighting, and indoor air quality and voluntary standards. The long-term goals goals, and a "certification system" for high of the initiative include linking these performance schools. The certification informational activities with state policy and system defines a high performanceschool and program efforts. seeks to be a resource for both designers and districts to resolve differences while 3. Strengthening the Public Right to completing a project within its allotted time Know About Indoor Air Quality in frame and budget. See Schools http://www.eley.com/chps (last visited Jan. 10, 2002). Providing the public with information Other educational components of about IAQ issues is one approach to CHPS include: information on the encouraging greater attention to indoor air advantages, process, and budgeting issues quality in the school design and construction associated with designing high performance process. The following are twoexamples of schools; outreach at national or regional state that have incorporated public events, and workshops on high performance accountability and information access design for school districts in the state. provisions into their policies governing health Observations: While the CHPS and environmental issues relating to school initiative is not the result of a state law or construction. As noted in Part B.4, state public records laws may provide another tool for communities to gain access to school records and documentation of school design and construction decisions.

State Law/Regulation Brief Description New York N.Y. Educ. Law §§ 409-d, 409-e; State education law and regulations requiring N.Y. Code R. & Regs. tit. 8, § advance notice for school construction projects 155.5 and providing for more direct community participation. New Jersey N.J. Admin. Code tit. 12, § 100- State labor regulations requiring advance 13.5 notification of construction projects.

59 HEALTHIER SCHOOLS Part C, Indoor Air Quality In New and Renovated Schools

EXAMPLE 92. NEW YORK Observations:To help implement the pre-construction notification requirements, Summary of Policy:State education law the state Department of Education has and regulations establish advance notification produced a sample notification letter that can of construction activity and provide for the be used by school districts and has posted the involvement of a school health and safety letter on its extensive web site. See committee in monitoring construction. http://www.emsc.nysed.gov/facplan/articles Policy:N.Y. Educ. Law §409-d, /preconstructionnotificationsample.html (last 409-e; N.Y. Code R. & Regs. tit. 8, § 155.5. visited Jan. 7, 2002). The brief letter gives a New York's education regulations general description of the health and safety require that school districts give advance precautions that must be taken, including a notice to parents, staff and the community of reference to the relevant state regulation. The school construction projects costing $10,000 amount of notice required might enable or more that are to be undertaken in occupied building occupants to take steps to avoid buildings. The regulations require a minimum certain exposures during construction, but of two months notice, except for emergency would not facilitate community participation construction projects, and mandate that the in many of the design and planning decisions notice include a description of the state's relating to a project. On the other hand, the health and safety requirements applicable to use of the school health and safety the construction. committees to monitor construction projects New York's school facility regulations is a potentially stronger mechanism for also contain a provision for more direct ensuring that any health and safety concerns participation by the community in are adequately addressed. The state's construction projects through the school guidelines for health and safety committees health and safety committees, described in provide that the committees should develop a Part B.4 above. School districts must protocol for monitoring construction, and establish procedures for involving the refer the committees to the Sheet Metal and committees in monitoring safety during Air Conditioning Contractors' National construction projects. Among the Association (SMACNA) Booklet "IAQ requirements listed in the regulations are: Guidelines for Occupied Buildings Under expansion of the committees during a Construction." construction project, to include the project architect, construction manager and contractors; committee review of complaints related to health and safety impacts of the construction; and opportunity for a walk- through inspection by the committee to determine whether the area is ready to be reopened for use.

46 60 EXAMPLE 92 NEW JERSEY Observations: This regulation is considerably narrower than the New York Summary of Policy: State labor regulations described above, in both the regulations address IAQ in schools and amount of advance notice required and the require advance notification of construction recipients of the notice. The New Jersey regulation is broader, though, in that the projects. Policy: N.J. Admin. Code tit. 12, requirement applies to any "work to be performed on the building," and there is no §100-13.5. This state occupational health and minimum construction cost that triggers the safety regulations, discussed in Part B.1, requirement. require that school districts provide employees with at least 24 hours advance notice of work that may introduce air pollutants into the work area.

47 61 HEALTHIER SCHOOLS Part D, Conclusions

California, Vermont, and West Virginia, have Part D also crafted statutes and regulations in this area. CONCLUSIONS Schools across the country have Poor indoor air quality in a school been affected by indoor air quality building can affect the health, productivity problems, and increased attention to and general well-being of students and school policies aimed at prevention can benefit staff. Over the past several years, mold and schools in all states. other indoor air problems in schools have led to widely publicized illnesses, school closings Current state policies addressing and costly school repairs in all regions of the indoor air quality in schools are not based on United States. State legislatures and state a single template or model policy.Differing agencies can make an important contribution institutional, political and social contexts have to improving the quality of education andthe resulted in a variety of policy strategies. management of school facilities by creating While there is no one-size-fits-all policy for and implementing policies aimed at addressing IAQ in schools, the approaches preventing indoor air quality problems. discussed in this report present different A number of states already have options for states to consider in developing policies in place that can address general IAQ new policies aimed at preventionfrom issues in schools. This report has identified more traditional regulatory requirements to many of the policies that have been financial incentives and education. developed so far, described the key components of those policies, and highlighted Some of these strategies involve the current implementation efforts. Although the enactment of legislation for example, laws report is not an exhaustive compilation of that establish new financial assistance policies relevant to IAQ in schools, the laws programs for IAQ maintenance and repairs or and regulations identified here illustrate how that direct state agencies to provide technical states have begun to tackle the challenge of assistance or produce IAQ guidance improving air quality in schools. These laws, documents. Other approaches use existing regulations and guidance documents can statutory authority as the basis for creating provide important background for future regulations or formal guidance. For example, policy initiatives in this area. The following school inspection programs can provide a observations are drawn from the policies vehicle for identifying and remedying indoor described here: air quality problems. Many states already have general sanitary or environmental State education, health and labor laws inspection programs in place, and can explicitly addressing general indoor air quality develop legislation, regulations or guidance to issues in schools are concentrated in a ensure that those programs promotekey IAQ relatively small number of states. Maine and maintenance practices. Minnesota have been particularly active in developing IAQ-specific legislation for There is a need for creative schools. Several other states, including New approaches to state policy that build and York, Washington, New Jersey, Texas,

49 62 HEALTHIER SCHOOLS Part D, Conclusions expand on current efforts to address Given the wide ranging technical issues indoor air quality in schools. involved, many local school districts or health departments need education or training in While the growing public attention to order to implement state IAQ policies indoor air quality in schools has focused successfully.It is also important that policies largely on existing schools, new school incorporate mechanisms and resources for construction is an important area for state oversight, given the limited resources of developing prevention-oriented policies. The most state indoor air quality and school substantial resources spent every year to build facility programs.Finally, state IAQ policies new schools in the United States presents a can be more effectively implemented if they tremendous opportunityand responsibility take into account the role of different state to prevent indoor air pollution and to create agencies, including the departments of healthy school environments. Moreover, education, health, labor and building services. greater attention to indoor air quality issues in If these different areas of jurisdiction over new construction is particularly important as IAQ issues are not considered, the result may states increase their focus on resource be overlapping or inconsistent state policies. conservation and efficiency in school Instead, state policies can draw on the facilities. Indoor air quality is closely related respective strengths of these key agencies in to decisions about energy systems, materials, establishing a coordinated approach to and other building features. By integrating preventing indoor air quality problems in IAQ issues with energy efficiency, material schools. selection and other resource conservation goals, school construction programs can Regardless of the particular maximize both the quality and the strategy adopted, state IAQ policies can affordability of new and renovated school be more effective if they address the need facilities. for local capacity-building, mechanisms and resources for state oversight, and State school construction funding coordination of different state agencies. programs represent an important opportunity to create healthy schools by While the policies described here incorporating key IAQ design and provide an important starting point for states construction features. considering this issue, they do not exhaust the possibilities for creating effective state The subject of indoor air quality in programs to prevent indoor air quality schools presents unique implementation problems in schools. This is a subject that challenges for state policy initiatives. The allows, indeed calls for, creative policy policies described here illustrate some of the approaches that will enhance the health, ways that states have addressed certain key productivity and well-being of students and implementation issues. school staff

For example, it is important that state policies take into account the need to provide support for local agencies, in the form of education, training and technical assistance.

50 63 THE ENVIRONMENTAL LAW INSTITUTE

For over three decades, the Environmental Law Institute has played a pivotal role in shaping the fields of. environmental law, management, and policy domestically and abroad. Today, ELI is an internationally recognized, independent research and education center.

Through its information services, training courses and seminars, research programs, and policy recommendations, the Institute activates a broad constituency of environmental professionals in government, industry, the private bar, public interest groups, and academia. Central to ELI's mission is convening this, diverse constituency to work cooperatively in developing effective solutions to pressing environmental problems.

The Institute is governed by a board of directors who represent a balanced mix of leaders within the environmental profession. Support for the Institute comes from individuals, foundations; goverment, corporations, law firms, and other sources.

ENVIRONMENTAL LAW INSTITUTE® 1616 P Street, N.W., Suite 200 Washington, D.C. 20036 Telephone: (202) 939-3800 Fax: (202) 939-3868 E-mail: [email protected] Web site: www.eli.org 64 U.S. Department of Education Office of Educational Research and Improvement (OERI) National Library of Education (NLE) Educational Rennes hllormalign Witt Educational Resources Information Center (ERIC)

NOTICE

Reproduction Basis

This document is covered by a signed "Reproduction Release (Blanket)" form (on file within the ERIC system), encompassing all or classes of documents from its source organization and, therefore, does not require a "Specific Document" Release form.

This document is Federally-funded, or carries its own permission to reproduce, or is otherwise in the public domain and, therefore, may be reproduced by ERIC without a signed Reproduction Release form (either "Specific Document" or "Blanket").

EFF-089 (1/2003)