PRINTER'S NO. 2673
No. 2032 Session of 2003
INTRODUCED BY WEBER, DAILEY, BISHOP, BROWNE, CAPPELLI, CORRIGAN,
CRAHALLA, DeWEESE, FRANKEL, FREEMAN, GEIST, GINGRICH,
GRUCELA, HENNESSEY, HORSEY, KELLER, LEWIS, MARKOSEK, O'NEILL,
PETRI, REICHLEY, SOLOBAY, J. TAYLOR, TRAVAGLIO, WASHINGTON,
YOUNGBLOOD, LEDERER AND CRUZ, SEPTEMBER 29, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
SEPTEMBER 29, 2003
AN ACT
1 Requiring the Department of Health to implement a Statewide
2 policy regarding the disposition of complaints pertaining to
3 the indoor air quality of school buildings in this
4 Commonwealth.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Definitions.
9 Chapter 3. Indoor Air Quality in Schools
10 Section 301. Administration.
11 Section 302. Standards for indoor air quality.
12 Section 303. Procedures for disposition of complaints.
13 Section 304. Remediation and reoccupation.
14 Section 305. Recordkeeping requirements.
15 Chapter 11. Miscellaneous Provisions
16 Section 1101. Effective date.
17 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 CHAPTER 1
3 PRELIMINARY PROVISIONS
4 Section 101. Short title.
5 This act shall be known and may be cited as the Indoor Air
6 Quality in School Buildings Act.
7 Section 102. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Department." The Department of Health of the Commonwealth.
12 "Interested party." Any student, parent or guardian of a
13 student, administrator, professional staff member or other
14 employee who works within the school or any other person whose
15 business, occupation or profession brings the person into the
16 school.
17 "School building." Any building which is owned or leased by
18 a school district, charter school, area vocational-technical
19 school, intermediate unit or private or nonpublic school in this
20 Commonwealth and is used for a purpose that involves regular
21 occupancy of the building by students.
22 CHAPTER 3
23 INDOOR AIR QUALITY IN SCHOOLS
24 Section 301. Administration.
25 The responsibility for the administration of this act is
26 hereby vested in the department. The department shall promulgate
27 regulations as are necessary to implement this act.
28 Section 302. Standards for indoor air quality.
29 The department, in conjunction with the Department of
30 Environmental Protection, shall establish Statewide indoor air
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1 quality standards for school buildings. The standards shall be
2 published in regulatory form.
3 Section 303. Procedures for disposition of complaints.
4 The department shall:
5 (1) Initiate the following action in response to a
6 specific complaint from an interested party regarding the
7 indoor air quality in a school building of this Commonwealth.
8 After the receipt of a complaint, the department shall:
9 (i) notify in writing the school principal or chief
10 administrator of the school and require the school to
11 investigate the condition of the air, based on the
12 contents of the specific complaint; and
13 (ii) require the school to report to the department
14 in writing, no later than ten business days after receipt
15 of notification from the department, the results of the
16 investigation and any steps necessary to rectify problems
17 identified in the complaint.
18 (2) Review reports from the school pertaining to the
19 specific complaint and determine the adequacy of the action
20 taken. Based on the review of the report, the department may
21 require the school to conduct an air-quality test, pursuant
22 to the regulations established under this act. The results of
23 this test shall be provided to the department for further
24 analysis. The results of the test shall also be provided to
25 the principal or chief administrator of the school building
26 and the complainant.
27 Section 304. Remediation and reoccupation.
28 If an air-quality test required under section 303(2)
29 indicates that the indoor air quality does not meet the State
30 standards, then:
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1 (1) The school shall submit a plan for remediation and
2 reoccupation and a calculation of the costs involved.
3 (2) The department shall review this plan and approve,
4 disapprove or recommend changes to the school's plan.
5 Section 305. Recordkeeping requirements.
6 The department shall submit an annual report to the General
7 Assembly regarding the number of complaints, the types of
8 complaints, the status and validity of complaints, action which
9 has been taken to address complaints and the length of time from
10 the initial complaint to final resolution. The report shall also
11 reflect a calculation of the costs related to resolution of the
12 complaints.
13 CHAPTER 11
14 MISCELLANEOUS PROVISIONS
15 Section 1101. Effective date.
16 This act shall take effect immediately.
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