New Hampshire - Air Quality: Program Requirement

Area: 
Program Requirement
Policy Type: 
statute; regulation
Summary: 

State law requires districts to address indoor air quality in schools.

New Hampshire Revised Statute 198:15-c Approval of Plans, Specifications, and Costs of Construction or Purchase.

I. A school district maintaining approved schools, desiring to avail itself of the grants herein provided shall have the plans, specifications, and cost estimates for school plant construction or proposals for the purchase of school buildings, or both, and the costs for them approved by the department of education prior to the start of construction. For this purpose the district shall submit its plans, specifications, cost, and purchase estimates in writing to the department of education on such forms as the department prescribes. A school district shall also submit a copy of any application for energy efficiency reimbursement under RSA 374-F. The department of education shall coordinate with the public utilities commission to ensure that eligible school districts have submitted applications for funding reimbursement and technical assistance as available from energy utility companies to promote indoor air quality and energy efficiency in public schools. Applications for school building aid grants shall be submitted before September 1 of each year in order to be eligible for school building aid grants in the fiscal year following the year of submittal.


New Hampshire Revised Statute 200:11-a Investigation of Air Quality.

I. The school principal, or designee shall annually investigate the air quality of any schoolhouse or building used for school purposes using a checklist provided by the department of education. The checklist shall be established in rules adopted by the state board of education pursuant to RSA 541-A. The purpose of the review shall be to consider physical factors that can influence the air quality within the schoolhouse or building. The review shall require a physical assessment of the facilities, not a measurement of the air quality. The checklist shall allow an evaluation of the following physical conditions that can impact air quality: general cleanliness, ventilation, moisture control, and chemical use and storage. The completed checklist shall be filed after the annual inspection with the department of education, the local school board, and the local health officer. Checklists shall remain on file for 5 years. Checklists shall be reviewed during the 5 year school approval process and shall be a factor in the approval process for a public school.


New Hampshire Administrative Rules Ed 321.18 Heating, Ventilating, and Air Conditioning (HVAC) Requirements.

(a) Schools shall be designed, constructed, and maintained to provide:

  • (1) Code compliant outside air ventilation and exhaust systems to aid in the maintenance of indoor air quality; and
  • (2) Code compliant heating temperatures throughout occupied building areas.

(b) In cases where air conditioning is provided, schools shall be designed, constructed, and maintained to provide code compliant cooling temperatures throughout all air conditioned spaces.

(c) The design and installation of all HVAC systems shall comply with:

  • (1) The state building code under RSA 155-A;
  • (2) The code for energy conservation in new building construction under RSA 155-D; and
  • (3) The state fire code under Saf-C 6000.

(d) A school district may use energy recovery ventilation equipment in its school buildings for transfer of sensible and latent or sensible or latent energy from exhaust air to outside air. For the purposes of this paragraph, the transfer of sensible and latent or sensible or latent energy from exhaust air to outside air means the practice of extracting heat from exhaust air to limit the amount of new energy that is used to heat additional air from outside.


New Hampshire Revised Statute 200:48 Air Quality in Schools.

The school board of each school district shall develop and implement a policy governing air quality issues in schools. The policy shall address methods of minimizing or eliminating emissions from buses, cars, delivery vehicles, maintenance vehicles, and other motorized vehicles used for transportation on school property taking into account the state anti-idling and clean air zone policies established by the department of environmental services.


New Hampshire Administrative Rules Ed 321.18 Heating, Ventilating, and Air Conditioning (HVAC) Requirements.

(a) Schools shall be designed, constructed, and maintained to provide:

  • (1) Code compliant outside air ventilation and exhaust systems to aid in the maintenance of indoor air quality; and
  • (2) Code compliant heating temperatures throughout occupied building areas.

(b) In cases where air conditioning is provided, schools shall be designed, constructed, and maintained to provide code compliant cooling temperatures throughout all air conditioned spaces.

(c) The design and installation of all HVAC systems shall comply with:

  • (1) The state building code under RSA 155-A;
  • (2) The code for energy conservation in new building construction under RSA 155-D; and
  • (3) The state fire code under Saf-C 6000.

New Hampshire Administrative Rules Ed 306.04 Policy Development.

(a) In accordance with Ed 303.01, the local school board shall adopt and implement written policies and procedures relative to:

  • (1) Absenteeism and attendance;

  • (2) Promoting school safety;

  • (3) Discipline;

  • (4) Records retention, including electronic files;

  • (5) Character and citizenship;

  • (6) Meeting the instructional needs of each individual student;

  • (7) Student hazing;

  • (8) Student harassment, including bullying, as required by RSA 193-F;

  • (9) Sexual harassment, as detailed in Ed 303.01(j) and (k);

  • (10) Reporting of suspected abuse or neglect;

  • (11) Promotion of a school environment that is conducive to learning and supports strong family and community partnerships;

  • (12) Distance education, if the district chooses to offer distance education as provided in Ed 306.22;

  • (13) Providing alternative means of earning credit toward a high school diploma or equivalent such as extended learning opportunities, and distance education to meet the requirements of RSA 193:1, (h) until July 1, 2015;

  • (14) Providing alternative means of demonstrating achievement of identified graduation competencies toward the awarding of a credit for a high school diploma or equivalent such as extended learning opportunities, career and technical education courses, and distance education no later than July 1, 2015 to meet the requirements of RSA 193:1, (h);

  • (15) How a credit can be earned, as provided in Ed 306.27(e) until July 1, 2015;

  • (16) How a credit used to track achievement of graduation competencies can be earned no later than July 1, 2015, as provided in Ed 306.27(e);

  • (17) Recommending developmentally appropriate daily physical activity and exercise;

  • (18) Behavior management and intervention for students;

  • (19) Homeless students;

  • (20) Wellness as required by Section 204 of the federal Child Nutrition and WIC 42 USC 1751;

  • (21) Providing immediate and adequate emergency care for students and school personnel who sustain injury or illness during school hours or during scheduled school activities;

  • (22) Meeting the special physical health needs of students;

  • (23) Supporting the availability and distribution of healthy foods and beverages that create a healthy environment in all schools throughout all school buildings during the school day;

  • (24) Air quality in school buildings as required by RSA 200:48;


New Hampshire Administrative Rules Ed 306.07 School Facilities.

The local school board shall:

(a) Require that the facilities for each school provide the following:

  • (1) Consistent with RSA 189:24, a clean, healthy, and safe learning environment for all areas of the school building, grounds, and school-related activities;
  • (2) Lighting in compliance with the state building code as provided in RSA 155-A;
  • (3) Exhaust and outdoor air ventilation, proper temperature and humidity conditions in compliance with the state building code as provided in RSA 155-A; and
  • (4) Policy and procedures to comply with RSA 200:48 to minimize pollution caused by idling motor vehicles and an annual evaluation of potential causes of poor indoor air quality utilizing a checklist provided by the department; and

(b) With regard to school facilities:

  • (1) Customize classrooms and other school-related environments to the needs of different content areas. Any lack of specialized spaces for arts, science, technology education and similar requirements shall be addressed as part of the next construction project at the school that receives school building aid under RSA 198:15-a;
  • (2) Provide for accessibility for students with disabilities;
  • (3) Demonstrate compliance with Saf-C 6000 through completion of a life safety inspection by the local fire department or other authority having jurisdiction as required by RSA 153:14;
  • (4) Document compliance with regulations relating to school building, sanitation, sewage disposal, water supply, and other matter affecting public health through inspection by the local health officer, other authority having jurisdiction, or an individual, if no municipal officer is available who has received a master's degree in public health; and
  • (5) Demonstrate compliance for all furniture and electrical appliances approved by the school administration and comply with requirements of the state fire code, Saf-C 6000.

New Hampshire Revised Statutes 198:15-b Amount of Grant.

I-a. (a) In addition to the requirements of paragraph I, each school district, prior to receipt of any grant moneys, shall submit for review and approval a written maintenance plan describing in detail how the school district intends to maintain the new facilities to be constructed with state aid grant moneys. The required maintenance plan shall include, but not be limited to, the following information:

(b) A description of the procedures to be used, and the method of staffing in which, the following building services are or will be provided. For work performed by in-house staff, an indication of the staffing level shall be provided, expressed as full-time equivalent positions:

  • (1) Daily facility cleaning.
  • (2) Grounds maintenance.
  • (3) Refuse removal.
  • (4) Snow removal.
  • (5) Minor maintenance and repair.
  • (6) Pest management.
  • (7) Periodic equipment servicing and preventive maintenance.
  • (8) Plan for 12 month operations, if applicable.

(c) The average amount of space, in square feet, assigned to each custodian for daily cleaning.

(d) The process for reporting, recording, verifying, and prioritizing building problems and fire safety issues.

(e) The process for assigning corrective work.

(f) The process for determining that corrective work has solved the problem.

(g) The process for tracking and analyzing recurring problems.

(h) The process for scheduling and completing preventive maintenance services and inspections on installed equipment and major building systems including, but not limited to heating, ventilation, air conditioning, life safety, elevators, plumbing, roofs, windows, doors, and kitchen appliances.

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