West Virginia Code § 18-9E-3

Air quality in new schools
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(a) In an effort to create well-ventilated school environments and notwithstanding any other
provision of this code to the contrary, any new school building designed and constructed in
the state by a county board, regardless of the funding source, shall be designed and
constructed in compliance with the current standards of the American society of heating,
refrigerating and air conditioning engineers handbook (ASHRAE), the natioenal fire
protection association code (NFPA) and the code of the building officials and code
administrators (BOCA). r
(b) Upon notice from the School Building Authority that a new puublic school building is
occupied, the division of health shall perform radon testing in the school within the first year
after occupancy and at least every five years thereafter. Thet county board shall provide any
reasonable assistance to the division of health that is necessary to perform the radon testing.
The radon testing shall include all major student-occupied areas at or below grade level. If it
is determined that radon is present in amounts greater than the amount determined to be
acceptable by the rules promulgated by the School Building Authority, pursuant to
subsection (d) of this section, any industry accsepted mitigation technique shall be used to
reduce the radon level to the level or below the level determined acceptable by the School
Building Authority.
(c) If the School Building Authority determines that it is feasible to test for radon prior to the
construction of a school buildieng, the School Building Authority may cause preconstruction
site testing for radon to be performed.
(d) The School Building Authority shall promulgate rules pursuant to article three-a, chapter
twenty-nine-a of this code to ensure that any new school building designed after the effective
date of this article is designed and constructed in accordance with the current ASHRAE,
NFPA and BOCA standards. The School Building Authority shall promulgate rules, pursuant
to article three-a, chapter twenty-nine-a of this code, that establish standards for safe levels
of rWadon for public school buildings. The rules shall include the requirement that county
boards submit all new school designs to the School Building Authority for review and
approval for compliance with current education standards and design efficiencies prior to
preparation of final bid documents.
(e) On or before July 1, 2002, the School Building Authority shall promulgate rules to
establish a process for independent testing, adjusting and balancing (TABS) heating,
ventilation and air conditioning (HVAC) systems in new school buildings or renovated
schools when the HVAC system has been replaced prior to occupancy. The process shall be
consistent with current ASHRAE standards and shall include, but not be limited to, the
following:
(1) Requiring HVAC designers to be professional engineers registered in this state in the
specific discipline associated with the system being designed;
(2) Requiring a process to ensure that the HVAC system has been installed in the prescribed
manner and will operate within the performance guidelines as designed;
(3) Requiring participation of the design engineer who designed the system to verify the
intent of the design;
(4) Requiring the TAB agent to be qualified to perform the desired services and perform
testing and balancing procedures, or qualified to perform other School Building Authority-
approved certification according to the procedures contained in the associated air balance
council (AABC) national standards, the national environmental balancing bureau (NEBB)
procedural standards and the environment engineering consultaunts (EEC) standards for
testing, adjusting and balancing of environmental systems;
(5) Requiring that the independent TAB agent directly represent the building owner and is
under contract with the building owner and paid from aproject funds;
(6) Requiring that sufficient documentation is provlided to the owner to facilitate control and
maintenance of the systems in accordance witsh the manufacturer's requirements;
(7) Requiring that sufficient training is proivided by the equipment manufacturer or an agent
of the manufacturer to those persons who will operate and maintain the systems prior to
occupation of the facility, including at least one full day follow-up training between six and
eight months after the facility has been occupied; and
(8) Requiring certification upon successful completion of the TAB process by the
independent TAB agent.
(f) To ensure proper maintenance and operation of new and replacement HVAC equipment,
the DepartmeVnt of Education, using existing staff, shall provide county maintenance
personnel additional training on the equipment and its controls at the site of the installation.
The training shall occur within one year after student occupation of any new school facility
or at any existing school facility where the HVAC system has been replaced or generally
rehabilitated. Additionally, the Department of Education's facility staff shall provide on-site
training to the county maintenance staff on the county's HVAC equipment at any facility that
has been determined to have problematic indoor air quality as identified through the
complaint procedure set forth in state board policy 6202.
(g) Upon completion of the required training, the Department of Education's facility staff
shall provide the county board a report summarizing the training that was completed and a
plan for continuing education of the county's HVAC staff. If sufficient staff is not available to
the county to perform maintenance on HVAC systems, the Department of Education's staff
shall assist the county in the development of an immediate and long range maintenance plan
to ensure that HVAC systems are maintained and operated according to the manufacturer's
recommendations.
(h) Beginning July 1, 2002, and every three months thereafter, the Department of Education
shall forward to the School Building Authority copies of any complaints received by the
Department of Education of indoor air quality problems which require system repair or
replacement and are identified through the complaint procedure established in state board
policy 6202.
(i) The state board shall promulgate rules, pursuant to article three-b, chapteer twenty-nine-a
of this code, in consultation with the division of health, that authorize the use of any
appropriate floor covering in public school buildings, based on user neerds and performance
specifications.

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