New Jersey - Air Quality: Program Requirement

Program Requirement
Policy Type: 
regulation; statute

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

New Jersey Administrative Code 6A:26-20.5 Requirements for comprehensive maintenance plans

(c) The comprehensive maintenance plan shall contain the following information:

    1. For the year prior to the filing year, a list of the completed maintenance activities for each school facility that corresponds to the actual expenditure for each school facility as reported in the school district's most recent comprehensive annual financial report (CAFR) on the schedule of required maintenance expenditures. A copy of the CAFR's schedules of required maintenance expenditures shall be attached to the activities list.
      • i. The expenditures for required maintenance activities for the years prior to the filing year shall be reported by school facility in the school district;
    1. A worksheet in a Commissioner-provided format of total expenditures for required maintenance by school facility for 10 years prior to the filing year, compared to each school facility's required maintenance expenditure amount under N.J.A.C. 6A:26-20.4(d) and (e), as applicable;
    1. For the filing year, the required maintenance activities planned for each school facility and estimated costs included in the filing-year budget;
    1. For the year subsequent to the filing year:
      • i. The required maintenance activities planned for each school facility and estimated costs; and
      • ii. The required annual maintenance budget amount for each school facility pursuant to N.J.A.C. 6A:26-20.8;
    1. Asbestos abatement activities planned for the year, in conformance with the school district's asbestos management plan pursuant to Asbestos Hazard Emergency Response Act (AHERA), 15 U.S.C. §§ 2641 et seq.;
    1. A schedule for required radon testing for each school facility specifying the spaces to be tested every five years pursuant to N.J.S.A. 18A:20-40 and safe drinking-water testing per N.J.A.C. 7:10;

New Jersey Administrative Code 6A:26-20.3 Required maintenance activities

  1. Tests to monitor indoor air quality.
    • (b) Each school district shall determine the required maintenance activities to reasonably maintain each school facility in the school district, and shall report the activities in its annual comprehensive maintenance plan pursuant to N.J.A.C. 6A:26-20.5.

New Jersey Revised Statutes 34:13A-3 Definitions.

(c) The term “employer” includes an employer and any person acting, directly or indirectly, on behalf of or in the interest of an employer with the employer’s knowledge or ratification, but a labor organization, or any officer or agent thereof, shall be considered an employer only with respect to individuals employed by such organization. This term shall include “public employers” and shall mean the State of New Jersey, or the several counties and municipalities thereof, or any other political subdivision of the State, or a school district, or any special district, or any authority, commission, or board, or any branch or agency of the public service. The term shall also include the Delaware River Port Authority, established pursuant to R.S.32:3-1 et seq.

New Jersey Revised Statutes 18A:20-40. Testing for radon in public school building

3a. Except as may be provided pursuant to subsection b. of this section, every public school building used as a public school in the State shall be tested for the presence of radon gas or radon progeny at least once every five years. If the public school has been tested less than five years prior to the effective date of this act, then the test shall be performed within five years of that test and once every five years thereafter.

b. The Commissioner of Education, in consultation with the Department of Environmental Protection, shall determine the extent of testing required and the locations for the testing, provided that at least every public school building used as a public school in which a child care center is operated by a nonprofit organization is tested by the school in which the child care center is operated for the presence of radon gas or radon progeny at least once every five years. The superintendent of each school district in the State, in consultation with the Department of Environmental Protection and the principal of each school to be tested, shall determine the buildings to be tested, the locations within each building to be tested, the method of testing, and the procedures concerning notification and circulation of the testing results.

New Jersey Administrative Code 12:100-13.3 Compliance program

(a) The employer shall identify a designated person who is given the responsibility to assure compliance with this section. The employer shall assure that the designated person is familiar with the requirements of this subchapter. The designated person shall assure that at least the following actions are implemented and documented:

    1. Establishing and following a preventive maintenance schedule in accordance with the manufacturer's recommendations or with accepted practice for the HVAC system. Scheduled maintenance of the HVAC system shall include checking and/or changing air filters, checking and/or changing belts, lubrication of equipment parts, checking the functioning of motors and confirming that all equipment is in operating order. Damaged or inoperable components shall be replaced or repaired as appropriate. Additionally, any parts of this system with standing water shall be checked visually for microbial growth;

New Jersey Administrative Code 12:100-13.3 Compliance program

  1. The employer shall have a written plan describing how it will achieve compliance with this subchapter, which plan shall list the identity and responsibilities of the designated person referred to in (a) above and which shall include procedures which, at a minimum, address the following issues:

    • i. Following of a preventive maintenance schedule;
    • ii. Keeping of required records;
    • iii. Locating of Indoor Air Quality compliance documents;
    • iv. Investigating of employee complaints;
    • v. Responding to signed employee complaints that have been submitted to the State alleging violation of the Public Employees' Occupational Safety and Health Act, N.J.S.A. 34:6A-25 et seq.;
    • vi. Notifying employees of work that may introduce air contaminants;
    • vii. Controlling microbial contamination;
    • viii. Controlling air contaminants;
    • ix. Responding to temperature and/or carbon dioxide exceedences;
    • x. Maintaining air quality during renovations and remodeling;
    • xi. Obtaining permits and performing work as required by the New Jersey Uniform Construction Code, N.J.A.C. 5:23; and
    • xii. Maintaining natural ventilation in buildings without mechanical ventilation; and
  2. The employer shall review and update the written compliance plan referred to in (a)8 above at least annually, and whenever necessary to reflect new or modified tasks and procedures and to reflect new or revised employee positions.

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