H. B. 2759

(By Delegates Manuel, Doyle and Pino)
[Introduced January 14, 1998; referred to the
Committee on Education.]

A BILL to amend chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article nine-e, relating to indoor air quality (IAQ) in buildings built for and owned by county boards of education and the governing boards of public institutions of higher education; providing legislative findings and intent; defining certain terms; authorizing the designation of a building official to ensure new building construction complies with recognized standards for indoor air quality; encouraging alternative systems of construction and design to meet recognized IAQ standards; outlining plan specifications and authority of a building official to inspect plans and construction, as well as to enforce the IAQ standards; establishing minimum ventilation criteria; requiring new buildings to incorporate radon resistance systems into the plans and construction; requiring county boards of education and higher education governing boards to establish and implement an IAQ compliance program with a designated person to monitor compliance; providing for reduction of indoor air contaminants and microbial contaminants; establishing plans for maintaining indoor air quality during renovation and remodeling of existing school buildings; providing training and information for employees involved in cleaning and maintenance of building systems affecting IAQ; establishing record keeping requirements and providing a remedy for violations.

Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article nine-e, to read as follows:
§18-9E-1. Legislative findings and intent.
The Legislature finds the following:
Poor ventilation and airborne contaminants can pose serious health risks for students and employees in West Virginia schools. The United States Environmental Protection Agency (EPA) considers indoor air pollution to be one of our nation's greatest environmental threats, with long term health effects including cancer and respiratory diseases such as asthma and pneumouia. Radon, a known cause of cancer, can build up in dangerous levels in schools with poor ventilation. Data from the West Virginia office of environmental health sciences reveals that more than one thousand of West Virginia classrooms tested exceeded the concentrations of radon recognized as safe for humans. The most common cause of poor indoor air quality is insufficient ventilation which allows the build-up of air contaminants. A 1996 general accounting office study found that forty-six percent of West Virginia schools reported insufficient ventilation and over seventy-one percent of West Virginia schools reported at least one unsatisfactory environmental condition.
The EPA has reported that increased costs in sick leave, absenteeism, increased health care and lost productivity due to poor indoor air quality are unacceptably high, estimated as being greater than ten billion dollars. The costs of adequately addressing these problems is far less. Children are most vulnerable to indoor air problems which adversely affect their health as well as their ability to learn.
Therefore, it is the intent of this article to set construction and maintenance standards for West Virginia public school buildings which ensure adequate ventilation to provide fresh air and adequate filtration and exhaust to reduce indoor air pollutants in order to protect the health and safety of students and employees. It is intended that the provisions of this article provide flexibility to permit the use of innovative approaches for the design and installation of ventilation exhaust and filtration systems and radon mitigation systems in new school construction to ensure high quality indoor air.
This article is not intended to modify or replace any existing environmental, safety or health requirements. If any provision of this article conflicts with any other law, building code or safety and health requirements pertaining to air quality in public schools, it is intended that the provision which provides the stricter standard for indoor air quality shall prevail.
§18-9E-2. Scope of this article exceptions for addition to existing buildings.
(a) Any new building constructed for use as a public school or institution of higher learning on or after the first day of July, one thousand nine hundred ninety-seven, and any additions to any existing school or institution of higher education after such date shall be planned, designed and constructed in compliance with the provisions of this article.
(b) Additions to existing buildings shall be permitted without requiring existing building and structure to comply with the requirements of this article, provided that the new addition conforms to such requirements.
(c) Additions to existing buildings which do not require the construction of foundations, crawlspaces, slabs or basements are not required to meet the requirements of this article for radon mitigation.
(d) Historic buildings as defined in section three-k of this article are exempt from the provisions of this article only to the extent necessary to preserve those features essential to their historic appearance or function.
(e) All new and existing public education buildings shall be maintained pursuant to sections nine through fifteen of this article to ensure that indoor air quality continues to meet acceptable standards.
§18-9E-3. Definitions.
For purposes of this article, certain words, phrases and acronyms are defined as follows:
(a) "Air contaminants" means substances contained in the vapors from paint, cleaning chemicals, pesticides and solvents, particulate, outdoor air pollutants and other airborne substances which alone or in combination may cause material physical impairments to students or employees.
(b) "Active soil depressurization system" (ASD) means a radon control technique that depressurizes the space below a concrete slab or other oil gas retarder relative to the space above it. The purpose of ASD is to maintain a slightly lower pressure in the soil gas under the slab or other soil gas retarder, compared to the indoor pressure above it, to ensure that flows are from the indoors to the soil, in order to prevent mass transport of radon gas from the earth to the indoor air.
(c) "ASHRAE" means American society of heating, refrigerating and air conditioning engineers, Inc.
(d) "Building" means any structure or addition to an existing structure, built for use as a public school or public institution of higher education where construction thereof begins on or after the first day of July, one thousand nine hundred ninety-seven, subject to the exceptions provided for in this section. For the purposes of the provisions set forth in sections nine through sixteen of this article, the word "building" shall also include all buildings or structures appended to such buildings that are used as public schools or public institutions of higher education, regardless of when the buildings or structures were built.
(e) "Building official" means the person designated, pursuant to section four of this article, to ensure that buildings constructed on or after the first day of July, one thousand nine hundred ninety-seven, are in compliance with the requirements of this article.
(f) "Building related illness" means specific medical conditions of known etiology which can be documented by physical signs and laboratory findings. These illnesses include sensory irritation when caused by known agents, respiratory allergies, asthma, nosocomial infections, humidifier fever, hypersensitivity pneumonitis, legionnaires' disease, and the signs and symptoms characteristic of exposure to chemical or biological substances such as carbon monoxide, formaldehyde, pesticides, endotoxins or mycotoxins.
(g) "Building systems" means systems including, but not limited to, the heating, ventilation and air-conditioning (HVAC) system, the potable water systems, the energy management system and all other systems in a facility which may affect indoor air quality.
(h) "CFM" means cubic feet per minute.
(i) "Designated person" means a person who has the responsibility to take necessary measures to assure compliance with sections nine through fifteen of this article and who is knowledgeable of these standards, the building systems of the employer and has received training related to maintaining high standards of indoor air quality.
(j) "Employer" means county boards of education and the governing boards of public institutions of higher education.
(k) "Historic buildings" means any buildings or structures located in the state which are considered to be of importance to the history, architecture or culture of an area by an appropriate state, or federal governmental agency or registry. Included within this meaning are buildings and structures named by official national or state listings such as the national register of historic places, the state register of historic places and state points of historical interest.
(l) "HVAC" means the collective components of the heating, ventilation and air conditioning systems, including, but not limited to, filters and frames, cooling coil condensate drip pans and drainage piping, outside air dampers and actuators, humidifiers, air distribution ductwork, automatic temperature controls and cooling towers.
(m) "Mitigate" means to design, select, apply and install systems, materials and processes that reduce radon concentrations in the indoor air and prevent entry of radon into the indoor air of a building, so that the average indoor radon concentration is reduced to an acceptable level.
(n) "PPM" means parts per million.
(o) "Picocurie per liter, pCi/L" means a common unit of measurement of the concentration of radioactivity in a gas. One pCi/L corresponds to 2.22 radioactive disintegrations per minute per liter of air.
(p) "Renovation and remodeling" means building modification involving activities that include, but are not limited to: (1) Removal or replacement of walls, ceilings, floors, carpet and components such as moldings, cabinets, doors and windows; (2) painting, decorating, demolition, surface refinishing and removal or cleaning of ventilation ducts.
(q) "Source specific ventilation system" means a mechanical ventilation system including all fans, controls and ducts, which is dedicated to exhausting contaminant-laden air to the exterior of the building from the room or space in which the contaminant is generated.
(r) "Ventilation" means the process of supplying and removing air by natural or mechanical means to and from any space. Such air may or may not be conditioned.
(s) "Ventilation, mechanical" means the introduction and distribution of outdoor air and the removal of indoor air by mechanical means.
(t) "Whole building ventilation system" means a mechanical ventilation system, including fans, controls and ducts, which replaces, by direct or indirect means, air from rooms with outdoor air.
(u) "Zone" means a space or group of spaces within a building with heating and cooling requirements sufficiently similar so that comfort conditions can be maintained throughout by a single controlling device.
§18-9E-4. Building official designated.
Every county board of education or public institution of higher education for which a building is constructed under the provisions of this article shall designate a person as the building official for the project. It shall be the duty of the building official to take steps necessary to ensure that the building is planned and constructed in accordance with the provisions of this article.
§18-9E-5. Alternative systems, materials, design, construction
and installation.
The provisions of this article are not intended to prevent the use of any material, method of construction, design or ventilation system not specifically prescribed herein, provided that such construction, design or ventilation system has been approved by the building official.
The building official may approve any such alternative, provided that the proposed design is satisfactory and complies with the provisions of this article and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this article in suitability, effectiveness, safety and indoor air quality.
§18-9E-6. Plans and specifications; enforcement and inspection.
(a) Prior to commencement of construction of any building or additions subject to this article, plans and specifications demonstrating compliance with this article shall be submitted to the building official. The building official shall require that plans and specifications be authenticated by an engineer, architect, or other qualified professional licensed to practice in this state. The plans and specifications shall show in sufficient detail pertinent data and features of the materials, equipment and systems as herein governed, including, but not limited to: Design criteria, size and type of apparatus and equipment, systems and equipment controls, provisions for combustion air to fuel burning appliances, and other pertinent data to indicate conformance with the requirements of this article.
The plans and specifications as well as other documents related to construction covered by this article which are not specifically excepted shall be subject to public inspection pursuant to article one, chapter twenty-nine-b of this code relating to freedom of information.
(b) Pertinent data and features of the building and the materials, equipment and systems as herein governed shall be inspected by the building official.
No materials, equipment, systems or portions thereof, shall be concealed without first obtaining approval from the building official.
Whenever there is insufficient evidence of compliance with any of the provisions in this article or evidence that any material or construction does not conform to the requirements of this article, the building official shall require tests to be performed to determine if compliance requirements have been met. Tests shall be conducted at no expense to the county board of education or the public institution of higher education.
Test methods shall be conducted in accordance with recognized test standards. If there are no recognized or accepted procedures or methods for the proposed test, the building official shall determine test procedures.
All materials, equipment and systems herein governed shall be inspected and approved before the building may be considered ready for occupancy.
§18-9E-7. Minimum ventilation criteria.
Each building constructed pursuant to the provisions of this article shall be equipped with source-specific and whole-building ventilation systems designed and installed to satisfy the minimum ventilation rates for human occupants intended to avoid adverse health effects as set out in this article.
The outdoor air quantities specified in Table 1 shall be used as the minimum for design and normal operation. Where a mechanical ventilation system is installed, the mechanical ventilation system shall be capable of supplying ventilation air to each zone with the minimum outdoor air quantities specified in Table 1 based upon the greater of the occupant densities in that Table or the design occupant density. The outdoor air shall be diverted by ducts directly to every air handling unit in each zone not provided with a sufficient operable area for natural ventilation.
The building official shall cause flow testing to be conducted to verify that the mechanical systems satisfy the requirements of this section prior to building occupancy. At least ten percent of all the rooms of a new building shall be flow tested. If these tests comply with the ventilation rates set out in this article no more flow testing will be required except at the discretion of the building inspector to address specifically identified concerns. If the flow tests indicate that the average results of the rooms tested fail to meet required ventilation rates corrective measures shall be implemented to meet ventilation standards prior to the building being occupied. After completion of construction the building may not be occupied for two weeks during which time the HVAC system shall operate at least eight hours in each twenty-four hour period to allow air contaminants released from building materials to be expelled from the building.



Estimated Maximum**Outdoor Air
ApplicationP/1000 ft or 100 mcfm/person
Training shop3020
Music rooms5015
Locker rooms 0.50 cfm/ft.sq.
Corridors0.10 cfm/ft.sq.
Office space****720
Reception area6015
Telecommunication centers
and date entry areas6020
Conference rooms5020
spectator areas15015
playing floor3020
Nurse's offices1025
Restrooms50 cfm/urinal or
water closet
*Derived from ASHRAE Standard 62-1989.
**Net occupiable space.
***Special contamination control systems may be
required for processes or functions including
laboratory animal occupancy.
****Some office equipment may require local exhaust.
*****Additional air flow may be needed to provide make-up air for hood exhaust(s). The sum of the outdoor air and transfer air of acceptable quality from adjacent spaces shall be sufficient to provide an exhaust rateof not less than 1.5 cfm/ft.sq.
§18-9E-8. Radon resistive construction standards.
Every building planned, designed and constructed pursuant to the provisions of this article shall incorporate radon prevention techniques in construction, including, but not limited to, the installation of an active soil depressurization system (ASD), pressurization of the building through the use of the HVAC system and the sealing of all major entry routes. The design construction and operation of these radon prevention techniques shall be in conformity with the specifications recommended by the United States Environmental Protection Agency (EPA) in chapter two of the EPA publication, "Radon Prevention in the Design and Construction of Schools and Other Large Buildings" document number EPA 625-R-92-016 and should include a continuously operating suction fan installed on the radon vent pipe.
Concrete block walls connected to below grade areas shall be considered unsealed surfaces. All openings in concrete block walls that will not remain accessible upon completion of the building shall be sealed at both vertical and horizontal surfaces, in order to create a continuous air barrier to limit the transport of soil gas into the indoor air.
§18-9E-9. Indoor air quality (IAQ) compliance program.
(a) Every employer as defined in section three of this article shall establish a written indoor air quality (IAQ) program no later than the first day of September, one thousand nine hundred ninety-seven. The employer shall identify a designated person who is given the responsibility to ensure implementation of the IAQ compliance program. Written plans for compliance programs shall include at least the following:
(1) A written description in narrative form, of the facility building systems;
(2) Single-line schematics or "as built" construction documents which locate major building system equipment and the areas that are served thereby;
(3) Information relative to the daily operation and management of the building systems, which shall include at a minimum, a description of normal operating procedures, special procedures such as seasonal start-ups and shutdowns, and a list of operating performance criteria, including, but not limited to, minimum outside air ventilation rates, potable hot water storage and delivery temperatures range of space relative humidities, and any space pressurization requirements;
(4) A general description of the building and its function, including, but not limited to, school and work activities, numbers of students and employees usually occupying the building, hours of operation, evening and weekend use and known air contaminants released in the building;
(5) A written maintenance program for the maintenance of building systems which shall be preventive in scope and which reflects equipment manufacturer's recommendations as determined by the building systems maintenance industry. At a minimum, the maintenance program shall describe the equipment to be maintained, and establish maintenance procedures and frequencies of performance; and
(6) A checklist for the visual inspection of building systems.
(b) The employer shall also retain additional information, if available, to assist in potential indoor air quality evaluations. Such information shall include: "As built" construction documents; HVAC reports for system commissioning, testing, adjusting and balancing; operation and maintenance manuals; and operator training materials.
(c) The employer shall establish a written record of complaints, signs or symptoms that may be related to building- related illness of students or employees. The record shall include, at a minimum, information on the nature of the illness reported; numbers of students and employees affected; the date of complaints; and remedial action, if any, taken to correct the source of the problem.
§18-9E-10. Compliance program implementation.
Employers shall assure compliance with the provisions of this article and the IAQ program by implementing at a minimum, the following actions:
(a) Maintain and operate the HVAC and building systems to assure that such systems operate up to original design specification and continue to provide, at a minimum, an outside air ventilation rate, based on actual occupancy required by section seven of this article, if construction began on or after the first day of July, one thousand nine hundred ninety-seven or, if required by the building code, mechanical code, or ventilation code applicable at the time the facility was constructed, renovated or remodeled, whichever is most recent, if the building was constructed prior to the first day of July, one thousand nine hundred ninety-seven;
(b) Conduct building systems inspections and maintenance;
(c) Assure that the HVAC system is operating during all hours in which school is in session or employees are working, except during emergency HVAC repairs and during scheduled HVAC maintenance;
(d) Implement the use of general or local exhaust ventilation where custodial and maintenance activities involve use of equipment or products that could reasonably be expected to result in hazardous chemical or particulate exposure to students or employees in other areas of the building or facility;
(e) Maintain relative humidity below sixty percent in buildings with mechanical cooling systems;
(f) Monitor carbon dioxide levels when routine maintenance is done. When the carbon dioxide level exceeds 800 ppm, the employer shall check to make sure the HVAC system is operating properly. The employer shall take necessary steps to correct deficiencies and reduce the carbon dioxide level to 800 ppm or less;
(g) If the faculty senate or the local school improvement council demonstrates that at least twenty percent of the students or employees of the building have complained of symptoms consistent with building-related illness within the preceding twelve months, either of these bodies may request that carbon dioxide tests be conducted. Upon receipt of a request for such tests, the employer shall conduct testing within thirty days. The results of any testing shall be provided to the requesting body. If the test results do not meet the standards set out in this subsection the employer shall take necessary steps to reduce the carbon dioxide level to 800 ppm or less;
(h) Assure that buildings without mechanical ventilation are maintained so that windows, doors, vents, stacks and other portals designed or used for natural ventilation are in operable condition and unobstructed;
(i) Take such remedial measures as the evaluation shows to be necessary;
(j) Assure that mechanical equipment rooms and any nonducted air plentims or chases that transport air are maintained in a clean condition and hazardous substances are properly stored to prevent spillage;
(k) Assure that inspections and maintenance of building systems are performed by or under the supervision of the designated person;
(l) Establish a written record of building system inspections and maintenance required to be performed under this article;
(m) Assure that employees performing work on building systems are provided with and use appropriate personal protective equipment as prescribed in 29 CFR part 1926, subpart E, personal protective and lifesaving equipment; 29 CFR part 1926.52, occupational noise exposure; 29 CFR part 1910, subpart 1, personal protective equipment; and 29 CFR part 1910.95, occupational noise exposure.
(n) Evaluate the need to perform alterations of the building systems to meet the minimum requirements specified in this article in response to student or employee complaints of building-related illnesses;
(o) Test all school buildings for radon concentrations within six months of the effective date of this article. If a school has been tested within ten years prior to the effective date of this article, the results from the previous test shall satisfy these requirements after the effective date of this article. If radon tests reveal concentrations of four pCi/L or greater a second test shall be conducted within thirty days. If the results remain above four pCi/L, the employer shall take appropriate mitigation measures to bring the radon concentration to four pCi/L or lower within two years of receipt of the test results.
§18-9E-11. Reduction of indoor air contaminants.
(a) The employer shall implement measures such as the relocation of air intakes and other pathways of building entry, where necessary, to restrict the entry of outdoor air contaminants such as vehicle exhaust fumes, into the building.
(b) When general ventilation is inadequate to control air contaminants emitted from point sources within the building rooms or zones, the employer shall implement other control measures such as local source capture exhaust ventilation or substitution.
§18-9E-12. Reduction of microbial contamination.
(a) The employer shall control microbial contamination in the building by routinely inspecting for, and promptly repairing, water leaks that can promote growth of biological agents;
(b) The employer shall control microbiological contamination in the building by promptly drying, replacing, removing or cleaning damp or wet materials.
(c) The employer shall take measures to remove visible microbiological contamination in ductwork, humidifiers, other HVAC and building system components or on building surfaces when found during regular or emergency maintenance activities or during visual inspection.
§18-9E-13. Maintaining air quality during renovation and remodeling.
(a) During renovation and remodeling, the employer shall ensure that work procedures and appropriate controls are utilized to minimize degradation of the indoor air quality for students and employees in other areas of the building. Before remodeling or renovations are begun, the employer shall meet with the contractor or individuals performing the work and shall develop and implement a work plan designed to minimize entry of air contaminants to other areas of the building during and after performance of the work. When renovation or remodeling occurs that makes use of paints, varnishes, stains or other similar substances which are not water based and which release air contaminants, the work shall be performed at times when the students are not in attendance and employees other than maintenance and custodial personnel are not required to work. To the extent that it is practicable, all other renovation and remodeling shall be performed at such times.
(b) When structural panel components including softwood plywood, particle board, wafer board and oriented strand board are utilized in the construction, renovation or remodeling of a building, they shall be identified as "Exposure 1", "Exterior" or "HUD approved".
(c) Any carpet installed during construction, renovation or remodeling of a building must be labeled as "low emission" carpet.
§18-9E-14. Employee information and training.
The employer shall provide training for maintenance, custodial and other employees involved in building system operation and maintenance which shall include at least the following:
(a) Training in the use of personal protective equipment needed in operating and maintaining building systems;
(b) Training on how to maintain adequate ventilation of air contaminants generated during building cleaning and maintenance;
(c) Training of maintenance and custodial personnel on how to minimize adverse effects on indoor air quality during the use and disposal of chemicals and other agents.
§18-9E-15. Record keeping: Maintenance records; IAQ compliance program; building related complaints.
(a) The employer shall maintain inspection and maintenance records required to be established under section ten of this article, which shall include the specific remedial, maintenance or other actions taken, the name of any individuals performing work, and the date of the inspection, maintenance or other activity.
(b) The employer shall maintain the written compliance program and plan required to be established under section nine of this article.
(c) The employer shall maintain a record of employee complaints of signs or symptoms that may be associated with building-related illness required to be established under section nine, subsection (c) of this article. Complaints shall be promptly transmitted to the designated person for resolution.
(d) The employer shall retain records required to be maintained under this section for at least ten years.
(e) Any records required to be maintained pursuant to the provisions of this article shall be subject to requests made for the release of records authorized by article one, chapter twenty- nine-b of this code relating to freedom of information. Where the request is made for reports of complaints by students or employees made pursuant to subsection (c) section nine of this article, the employer shall make reasonable efforts to conceal identifying information of the persons making the complaint before releasing the reports.

-9E-16. Violations and remedies.
It shall be unlawful for any person to fail to comply with mandatory provisions of this article. The circuit court of the county in which the building is located shall have jurisdiction to grant injunctive and declaratory relief against any person in violation of this article. The court may also award attorney fees and court costs to any person who successfully brings suit seeking enforcement of the provisions of this article.

NOTE: The purpose of this bill is to address the problem of poor indoor air quality in West Virginia schools. The bill establishes ventilation standards and requires radon resistance systems for all new school building construction and while requiring maintenance and testing of new and existing school buildings. These provisions provide for measures designed to help protect the health and safety of students and school employees by reducing or eliminating airborne pollutants.

This article is new; therefore, strike-throughs and underscoring have been omitted.