A. 7115 2
c. A program designed to ensure proper school air quality control must
include professional assessment, repair and/or replacement of both the
HVAC system, as well as carbon dioxide monitors so that any improvements
to those systems meet the ventilation rates detailed in the national
Uniform Mechanical Code. Reports generated from the continual monitoring
of carbon dioxide monitors and maintenance of the HVAC system must also
be made available to the public, electronically.
d. Approximately 41% of school districts across the United States of
America need HVAC and carbon dioxide system improvements, repairs or
updates. Safe air quality levels in public schools protect the health of
students and staff, significantly reduce the risk of infectious airborne
diseases, increase attendance and improve student performance. Funds
allocated through the U.S. Department of Education's Elementary and
Secondary Schools Emergency Relief (ESSER) Programs and the Governor's
Emergency Education Relief (GEER) Programs and the Department of Health
and Humans Services' Head Start and Child Care American Rescue Plan can
support improvements to ventilation; repairs, upgrades, and replacements
in Heating, Ventilation, and Air Conditioning (HVAC) systems; purchase
of MERV 13 air filters, portable air purifiers, and upper-room germici-
dal ultraviolet irradiation systems; as well as implementation of other
public health protocols and CDC guidance.
§ 2. The education law is amended by adding a new section 409-n to
read as follows:
§ 409-N. SCHOOL VENTILATION AND ENERGY EFFICIENCY ASSESSMENT, REPAIR
AND VERIFICATION PROGRAM. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ANSI" MEANS AMERICAN NATIONAL STANDARDS INSTITUTE, OR ITS SUCCES-
SOR.
(B) "ASHRAE" MEANS AMERICAN SOCIETY OF HEATING, REFRIGERATION AND AIR
CONDITIONING ENGINEERS.
(C) "CERTIFIED TAB TECHNICIAN" MEANS A TECHNICIAN CERTIFIED TO PERFORM
TESTING, ADJUSTING, AND BALANCING OF HVAC SYSTEMS BY THE ASSOCIATED AIR
BALANCE COUNCIL (AABC), NATIONAL ENVIRONMENTAL BALANCING BUREAU (NEBB),
OR THE TESTING, ADJUSTING AND BALANCING BUREAU (TABB), OR THEIR SUCCES-
SORS.
(D) "HVAC" MEANS HEATING, VENTILATION, AND AIR CONDITIONING.
(E) "MECHANICAL CODE" MEANS THE MOST RECENT VERSION OF THE MECHANICAL
CODE OF NEW YORK STATE OR, FOR THE CITY OF NEW YORK, THE MOST RECENT
VERSION OF THE NEW YORK CITY MECHANICAL CODE.
(F) "MECHANICAL ENGINEER" MEANS A PROFESSIONAL ENGINEER LICENSED AS A
MECHANICAL ENGINEER BY THE STATE OF NEW YORK AND WHO HAS PROFESSIONAL
EXPERIENCE WITH HEATING, VENTILATION, AND AIR CONDITIONING SYSTEMS.
(G) "MERV" MEANS MINIMUM EFFICIENCY REPORTING VALUE, AS ESTABLISHED BY
ASHRAE STANDARD 52.2-2017 -- METHOD OF TESTING GENERAL VENTILATION AIR-
CLEANING DEVICES FOR REMOVAL EFFICIENCY BY PARTICLE SIZE.
(H) "PPM" MEANS PARTS PER MILLION.
(I) "QUALIFIED ADJUSTING PERSONNEL" MEANS EITHER OF THE FOLLOWING:
(I) A CERTIFIED TAB TECHNICIAN; OR
(II) A SKILLED AND TRAINED WORKFORCE UNDER THE SUPERVISION OF A CERTI-
FIED TAB TECHNICIAN.
(J) "QUALIFIED TESTING PERSONNEL" MEANS EITHER OF THE FOLLOWING:
(I) A CERTIFIED TAB TECHNICIAN; OR
(II) A PERSON CERTIFIED TO PERFORM VENTILATION VERIFICATION ASSESS-
MENTS OF HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS FROM AN
ORGANIZATION THAT HAS BEEN ACCREDITED UNDER THE ISO/IEC 17024 PERSONNEL
CERTIFICATION STANDARD IN VENTILATION VERIFICATION ASSESSMENTS.
A. 7115 3
(K) "REGISTERED APPRENTICESHIP PROGRAM" MEANS AN APPRENTICESHIP
PROGRAM REGISTERED WITH THE DEPARTMENT OF LABOR.
(L) "SCHOOL" SHALL INCLUDE BUT NOT BE LIMITED TO A SCHOOL DISTRICT,
PUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SPECIAL ACT
SCHOOL DISTRICT AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER,
APPROVED PRESCHOOL SPECIAL EDUCATION PROGRAM PURSUANT TO SECTION FORTY-
FOUR HUNDRED TEN OF THIS CHAPTER, SCHOOLS AND PROGRAMS AUTHORIZED BY
ARTICLES EIGHTY-ONE AND EIGHTY-NINE OF THIS CHAPTER, STATE-SUPPORTED
SCHOOLS IN ACCORDANCE WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER, OR ANY
PUBLIC, PRIVATE OR CHARTER PRIMARY, SECONDARY EDUCATION SCHOOL.
(M) "SKILLED AND TRAINED WORKFORCE" MEANS A WORKFORCE WHERE AT LEAST
SIXTY PERCENT OF THE CONSTRUCTION WORKERS ARE GRADUATES OF OR REGISTERED
IN AND ATTENDING A REGISTERED APPRENTICESHIP PROGRAM FOR THE APPLICABLE
OCCUPATION.
(N) "TAB" MEANS TESTING, ADJUSTING, AND BALANCING OF A HVAC SYSTEM.
2. EACH SCHOOL SHALL COMPLY WITH THE PROCEDURES SET FORTH IN SUBDIVI-
SIONS THREE, FOUR, FIVE, SIX AND SEVEN OF THIS SECTION FOR ALL OCCUPIED
BUILDINGS UNDER THE SCHOOL'S CONTROL. THESE PROCEDURES SHALL BE
COMPLETED WITHIN TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION AND AT LEAST ONCE EVERY FIVE YEARS THEREAFTER, AS PART OF THE
SCHOOL'S BUILDING CONDITION SURVEY REQUIRED PURSUANT TO SECTION FOUR
HUNDRED NINE-D OF THIS ARTICLE.
3. EACH SCHOOL SHALL ENSURE THAT QUALIFIED TESTING PERSONNEL OR QUALI-
FIED ADJUSTING PERSONNEL PERFORMS THE FOLLOWING ASSESSMENTS:
(A) QUALIFIED TESTING PERSONNEL SHALL REVIEW SYSTEM CAPACITY AND
AIRFLOW TO DETERMINE THE HIGHEST MINIMUM EFFICIENCY REPORTING VALUE
(MERV) FILTRATION THAT CAN BE INSTALLED WITHOUT ADVERSELY IMPACTING
EQUIPMENT, SHALL REPLACE OR UPGRADE FILTERS WHERE NEEDED, AND SHALL
VERIFY THAT SUCH FILTERS ARE INSTALLED CORRECTLY. RECOMMENDATIONS FOR
ADDITIONAL MAINTENANCE IN ACCORDANCE WITH ASHRAE STANDARD 62.1- 2022
SECTION 8 AND TABLE 8--1, FREQUENCY OF FILTER REPLACEMENT, REPLACEMENT,
OR UPGRADES TO ALLOW FOR MORE PROTECTIVE FILTRATION SHALL BE RECORDED IN
THE HVAC ASSESSMENT REPORT WHERE FILTRATION MEETING OR EXCEEDING THE
PROTECTION OF MERV 13 FILTERS CANNOT BE MET IN THE CURRENT SYSTEM.
(B) QUALIFIED TESTING PERSONNEL SHALL ASSESS THE VENTILATION RATES IN
THE FACILITY CLASSROOMS, AUDITORIUMS, GYMNASIUMS, NURSES' OFFICES,
KITCHEN OR CAFETERIA AREAS, RESTROOMS, AND OTHER OCCUPIED AREAS TO
DETERMINE WHETHER THEY MEET THE MINIMUM VENTILATION RATE REQUIREMENTS
SET FORTH IN THE MECHANICAL CODE FOR NEW CONSTRUCTION. ASSESSMENT SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
(I) CALCULATION OF THE ESTIMATED MINIMUM OUTSIDE AIR VENTILATION RATES
FOR EACH OCCUPIED AREA BASED ON THE ANTICIPATED MAXIMUM OCCUPANT DENSI-
TY, OCCUPANCY CATEGORY, AND SQUARE FOOTAGE AND THE MINIMUM REQUIRED
VENTILATION RATE PER OCCUPANT. CALCULATIONS SHALL BE BASED ON MAXIMUM
ANTICIPATED CLASSROOM OR OTHER OCCUPIED AREA OCCUPANCY RATES AND DETER-
MINED BY THE REQUIRED VENTILATION RATES SET FORTH IN THE MECHANICAL CODE
FOR NEW CONSTRUCTION;
(II) MEASUREMENT OF OUTSIDE AIR, AND VERIFICATION OF WHETHER THE
SYSTEM PROVIDES THE MINIMUM OUTSIDE AIR VENTILATION RATES CALCULATED IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH;
(III) VERIFICATION OF COIL VELOCITIES AND UNIT DISCHARGE AIR TEMPER-
ATURES REQUIRED TO MAINTAIN DESIRED INDOOR CONDITIONS AND TO AVOID MOIS-
TURE CARRY OVER FROM COOLING COILS;
(IV) VERIFICATION THAT SEPARATION BETWEEN OUTDOOR AIR INTAKES AND
EXHAUST DISCHARGE OUTLETS MEET THE REQUIREMENTS OF THE MECHANICAL CODE;
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(V) CONFIRMATION THAT THE AIR HANDLING UNIT IS BRINGING IN OUTDOOR AIR
AND REMOVING EXHAUST AIR AS INTENDED BY THE SYSTEM DESIGN; AND
(VII) MEASUREMENT OF EXHAUST AIR VOLUME FOR EXHAUST FANS, INCLUDING
RESTROOMS, AND VERIFICATION THAT EXHAUST AIR VOLUME MEETS SYSTEM DESIGN
AND THE REQUIREMENTS OF THE MECHANICAL CODE.
(C) FOR SYSTEMS WITH ECONOMIZERS, QUALIFIED TESTING PERSONNEL SHALL
TEST SYSTEM ECONOMIZER DAMPERS FOR PROPER OPERATION. ECONOMIZER DAMPERS
AND CONTROLS THAT ARE NOT PROPERLY FUNCTIONING SHALL BE REPAIRED BY A
SKILLED AND TRAINED WORKFORCE. RECOMMENDATIONS FOR ADDITIONAL MAINTE-
NANCE, REPLACEMENT OR UPGRADES SHALL BE RECORDED IN THE HVAC ASSESSMENT
REPORT.
(D) IF INSTALLED, DEMAND CONTROL VENTILATION SYSTEMS SHALL BE VERIFIED
BY QUALIFIED TESTING PERSONNEL FOR PROPER OPERATION. DEMAND CONTROL
VENTILATION SYSTEMS THAT ARE NOT PROPERLY FUNCTIONING SHALL BE REPAIRED
BY A SKILLED AND TRAINED WORKFORCE. IF THE DEMAND CONTROL VENTILATION
SYSTEM IS RECOMMENDED TO BE DISABLED OR IS UNABLE TO PROVIDE RECOMMENDED
VENTILATION RATES, THE HVAC SYSTEM MUST BE CONFIGURED TO MEET THE MINI-
MUM VENTILATION RATE REQUIREMENTS WITHOUT USE OF THE DEMAND CONTROL
VENTILATION AND TESTED AND ADJUSTED TO ACHIEVE DESIGN MINIMUM OUTSIDE
AIR VALUE. RECOMMENDATIONS FOR ADDITIONAL MAINTENANCE, REPLACEMENT OR
UPGRADES SHALL BE RECORDED IN THE HVAC ASSESSMENT REPORT.
(E) (I) QUALIFIED TESTING PERSONNEL SHALL: (A) PERFORM SURVEY READINGS
OF INLETS AND OUTLETS TO VERIFY ALL VENTILATION IS REACHING THE SERVED
ZONE AND THAT THERE IS ADEQUATE DISTRIBUTION; (B) VERIFY IF INLETS AND
OUTLETS ARE BALANCED WITHIN TOLERANCE OF THE SYSTEM DESIGN; AND (C)
DOCUMENT READ VALUES AND DEFICIENCIES. IF THE ORIGINAL SYSTEM DESIGN
VALUES ARE NOT AVAILABLE, QUALIFIED TESTING PERSONNEL SHALL DOCUMENT
AVAILABLE INFORMATION AND NOTE UNAVAILABILITY OF SYSTEM DESIGN VALUES IN
THE HVAC ASSESSMENT REPORT.
(II) QUALIFIED TESTING PERSONNEL SHALL VERIFY BUILDING AND SPACE PRES-
SURE TO ENSURE:
(A) PRESSURE DIFFERENTIAL IS WITHIN TOLERANCE OF DESIGN, IF KNOWN.
(B) BUILDING IS NOT OVER OR UNDER PRESSURIZED.
(C) IF APPLICABLE, ROOMS DESIGNATED FOR TEMPORARY OCCUPATION BY SICK
STUDENTS OR STAFF SHALL MAINTAIN A NEGATIVE PRESSURE, OR AS OTHERWISE
DESIGNED.
(F) QUALIFIED TESTING PERSONNEL SHALL VERIFY COIL CONDITION, CONDEN-
SATE DRAINAGE, COOLING COIL AIR TEMPERATURE DIFFERENTIAL (ENTERING AND
LEAVING DRY BULB), HEAT EXCHANGER AIR TEMPERATURE DIFFERENTIAL (ENTERING
AND LEAVING DRY BULB), AND DRIVE ASSEMBLY CONDITION. RECOMMENDATIONS FOR
ADDITIONAL MAINTENANCE IN ACCORDANCE WITH ASHRAE STANDARD 62.1- 2022
SECTION 8 AND TABLE 8--1, REPLACEMENT OR UPGRADES SHALL BE RECORDED IN
THE HVAC ASSESSMENT REPORT.
(G) QUALIFIED TESTING PERSONNEL SHALL REVIEW CONTROL SEQUENCES TO:
(I) VERIFY SYSTEMS WILL MAINTAIN INTENDED VENTILATION, TEMPERATURE,
AND HUMIDITY CONDITIONS DURING SCHOOL OPERATION; AND
(II) VERIFY A DAILY FLUSH IS SCHEDULED PER APPLICABLE LOCAL OR STATE
GUIDANCE.
(H) (I) VERIFICATION THAT ALL CLASSROOMS, ASSEMBLY AREAS AND OFFICE
SPACES INTENDED FOR MORE THAN TEN PERMANENT OCCUPANTS ARE EQUIPPED WITH
A CARBON DIOXIDE MONITOR THAT:
(A) IS HARDWIRED, PLUG-IN, OR BATTERY-OPERATED AND MOUNTED TO THE WALL
BETWEEN THREE AND SIX FEET ABOVE THE FLOOR AND AT LEAST FIVE FEET AWAY
FROM THE DOOR AND OPERABLE WINDOWS;
A. 7115 5
(B) DISPLAYS THE CARBON DIOXIDE READINGS TO THE TEACHER THROUGH A
DISPLAY ON THE DEVICE OR OTHER MEANS SUCH AS A WEB-BASED APPLICATION OR
CELL PHONE APPLICATION;
(C) NOTIFIES THE TEACHER AND OTHER APPROPRIATE SCHOOL PERSONNEL
THROUGH VISUAL INDICATOR ON THE MONITOR (E.G., INDICATOR LIGHT) OR OTHER
ALERT SUCH AS E-MAIL, TEXT, OR CELL PHONE APPLICATION, WHEN THE CARBON
DIOXIDE LEVELS IN THE CLASSROOM HAVE EXCEEDED 1,100 PPM;
(D) MAINTAINS A RECORD OF PREVIOUS DATA WHICH INCLUDES AT LEAST THE
MAXIMUM CARBON DIOXIDE CONCENTRATION MEASURED;
(E) HAS A RANGE OF 1-5000 PPM; AND
(F) IS CERTIFIED BY THE MANUFACTURER TO BE ACCURATE WITHIN 75 PPM AT
1,000 PPM CARBON DIOXIDE CONCENTRATION AND IS CERTIFIED BY THE MANUFAC-
TURER TO REQUIRE CALIBRATION NO MORE FREQUENTLY THAN ONCE EVERY FIVE
YEARS.
(II) THE TECHNICAL SPECIFICATIONS FOR CARBON DIOXIDE MONITORS SET
FORTH ABOVE MAY BE AMENDED BY REGULATION AS NECESSARY TO REFLECT AVAIL-
ABLE TECHNOLOGY AND TO ACHIEVE THE INTENT OF THIS SUBDIVISION.
(III) CLASSROOMS, ASSEMBLY AREAS, KITCHEN OR CAFETERIA AREAS, AND
OFFICE SPACES INTENDED FOR MORE THAN TEN PERMANENT OCCUPANTS THAT ARE
NOT EQUIPPED WITH A CARBON DIOXIDE MONITOR MEETING THE ABOVE REQUIRE-
MENTS SHALL BE RETROFITTED TO INCLUDE SUCH A MONITOR AS PART OF THIS
ASSESSMENT.
(IV) WHERE AN EXISTING CARBON DIOXIDE MONITOR IS MORE THAN FIVE YEARS
OLD, A QUALIFIED TESTING TECHNICIAN SHALL VERIFY THAT THE CARBON DIOXIDE
MONITOR IS ACCURATE WITHIN 75 PPM AT 1,000 PPM CARBON DIOXIDE, AND SHALL
RECALIBRATE OR REPLACE THE CARBON DIOXIDE MONITOR WHERE NEEDED TO MEET
THE REQUIRED ACCURACY.
(I) IN FACILITIES WHERE THERE IS LIMITED OR NO EXISTING MECHANICAL
VENTILATION, THE ASSESSMENT SHALL FOCUS ON DOCUMENTING EXISTING CONDI-
TIONS AND PROVIDING THE MECHANICAL ENGINEER WITH THE INFORMATION NEEDED
TO PROVIDE MECHANICAL VENTILATION UPGRADE RECOMMENDATIONS IF NEEDED TO
ENSURE PROPER VENTILATION AND INDOOR AIR QUALITY. CLASSROOMS OR OTHER
ROOMS BEING OCCUPIED WITHIN A SCHOOL WITH LIMITED OR NO EXISTING MECHAN-
ICAL VENTILATION SHALL BE REQUIRED TO COMPLY WITH THE REQUIREMENT TO
INSTALL CARBON DIOXIDE MONITORS.
4. (A) A QUALIFIED TESTING PERSONNEL OR QUALIFIED ADJUSTING PERSONNEL
SHALL PREPARE AN HVAC ASSESSMENT REPORT FOR REVIEW BY A MECHANICAL ENGI-
NEER. THE HVAC ASSESSMENT REPORT SHALL BE DOCUMENTED UTILIZING THE
SAMPLE VENTILATION VERIFICATION TEST SHEETS LISTED IN THE PREREQUISITE
SECTION, ADDITIONAL GUIDANCE, OF ASHRAE TECHNICAL COMMITTEE 9.7, EDUCA-
TIONAL FACILITIES DESIGN GUIDANCE FOR EDUCATION FACILITIES: PRIORITIZA-
TION FOR ADVANCED INDOOR AIR QUALITY, 2023 PUBLICATION.
(B) THE HVAC ASSESSMENT REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE FOLLOWING INFORMATION:
(I) NAME AND ADDRESS OF SCHOOL FACILITY AND PERSON OR CONTRACTOR
PREPARING AND CERTIFYING THE ASSESSMENT REPORT;
(II) DESCRIPTION OF ASSESSMENT, MAINTENANCE, ADJUSTMENT AND REPAIR
ACTIVITIES AND OUTCOMES;
(III) DOCUMENTATION OF HVAC EQUIPMENT MODEL NUMBER, SERIAL NUMBER,
GENERAL CONDITION OF UNIT, AND ANY ADDITIONAL INFORMATION THAT COULD BE
USED TO ASSESS REPLACEMENT AND REPAIR OPTIONS GIVEN POTENTIAL FOR
INCREASED ENERGY EFFICIENCY BENEFITS;
(IV) EITHER VERIFICATION THAT FILTERS THAT MEET OR EXCEED THE
PROTECTION OF MERV 13 FILTERS HAVE BEEN INSTALLED OR VERIFICATION THAT
THE MAXIMUM MERV-RATED FILTER THAT THE SYSTEM IS ABLE TO EFFECTIVELY
HANDLE HAS BEEN INSTALLED AND WHAT THAT MERV-RATING IS;
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(V) VERIFICATION THAT ALL REQUIREMENTS OF THE PROGRAM HAVE BEEN SATIS-
FIED, INCLUDING INSTALLATION OF CARBON DIOXIDE MONITORS;
(VI) THE VERIFIED VENTILATION RATES FOR FACILITY CLASSROOMS, AUDITORI-
UMS, KITCHEN OR CAFETERIA AREAS, GYMNASIUMS, NURSES' OFFICES, RESTROOMS,
OFFICES, AND OTHER OCCUPIED AREAS, AND WHETHER THOSE RATES MEET THE
REQUIREMENTS SET FORTH FOR NEW CONSTRUCTION IN THE MECHANICAL CODE;
(VII) THE VERIFIED EXHAUST FOR FACILITY CLASSROOMS, AUDITORIUMS,
GYMNASIUMS, NURSES' OFFICES, RESTROOMS, AND OTHER OCCUPIED AREAS AND
WHETHER THOSE RATES MEET SYSTEM DESIGN AND THE REQUIREMENTS OF THE
MECHANICAL CODE;
(VIII) DOCUMENTATION OF SYSTEM DEFICIENCIES AND RECOMMENDATIONS FOR
ADDITIONAL MAINTENANCE IN ACCORDANCE WITH ASHRAE STANDARD 62.1- 2022
SECTION 8 AND TABLE 8--1, REPLACEMENT OR UPGRADES TO IMPROVE ENERGY
EFFICIENCY, SAFETY, OR PERFORMANCE, IF ANY; AND
(IX) VERIFICATION THAT ALL WORK HAS BEEN PERFORMED BY QUALIFIED
PERSONNEL, INCLUDING THE PROVISION OF THE CONTRACTOR'S NAME, QUALIFIED
TESTING PERSONNEL OR QUALIFIED ADJUSTING PERSONNEL NAME OR NAMES AND
CERTIFICATION NUMBER OR NUMBERS, AND VERIFICATION THAT ALL CONSTRUCTION
WORK HAS BEEN PERFORMED BY A SKILLED AND TRAINED WORKFORCE.
5. (A) A MECHANICAL ENGINEER SHALL REVIEW THE HVAC ASSESSMENT REPORT,
VERIFY OR ADJUST THE ESTIMATED MINIMUM OUTSIDE AIR VENTILATION RATES AND
DETERMINE WHAT, IF ANY, ADDITIONAL ADJUSTMENTS, REPAIRS, UPGRADES OR
REPLACEMENTS WOULD BE NECESSARY TO MEET THE MINIMUM VENTILATION AND
FILTRATION REQUIREMENTS AND PROVIDE A COST ESTIMATE FOR ALL RECOMMENDED
WORK.
(B) IF THE MECHANICAL ENGINEER'S COST ESTIMATE FOR ADDITIONAL ADJUST-
MENTS, REPAIRS, UPGRADES, OR REPLACEMENTS NECESSARY TO MEET MINIMUM
VENTILATION AND FILTRATION REQUIREMENTS EXCEEDS TWO HUNDRED THOUSAND
DOLLARS, THE MECHANICAL ENGINEER SHALL ALSO PROVIDE A RECOMMENDATION FOR
ADJUSTMENTS, REPAIRS, UPGRADES OR REPLACEMENTS THAT WOULD BEST IMPROVE
VENTILATION AND FILTRATION CONDITIONS AT A COST NOT TO EXCEED TWO
HUNDRED THOUSAND DOLLARS.
6. (A) ALL HVAC REPAIRS, UPGRADES, OR REPLACEMENTS SHALL BE PERFORMED
BY A SKILLED AND TRAINED WORKFORCE. ALL HVAC ADJUSTMENTS SHALL BE
PERFORMED BY QUALIFIED ADJUSTING PERSONNEL.
(B) ADJUSTMENTS, REPAIRS, UPGRADES, OR REPLACEMENTS RECOMMENDED BY THE
MECHANICAL ENGINEER SHALL BE COMPLETED TO THE EXTENT THE COST DOES NOT
TO EXCEED TWO HUNDRED THOUSAND DOLLARS. IF RECOMMENDED ADJUSTMENTS,
REPAIRS, UPGRADES, OR REPLACEMENTS EXCEED TWO HUNDRED THOUSAND DOLLARS
IN COSTS TO ENSURE CLASSROOMS MEET MINIMUM VENTILATION AND FILTRATION
REQUIREMENTS, THE SCHOOL MAY AUTHORIZE EXPENDITURE OF ADDITIONAL AVAIL-
ABLE FUNDS AND/OR SHALL SEEK ADDITIONAL FUNDS, IF NECESSARY, TO MAKE THE
RECOMMENDED ADJUSTMENTS, REPAIRS, UPGRADES, OR REPLACEMENTS.
7. (A) THE SCHOOL SHALL PREPARE AN HVAC VERIFICATION REPORT WITHIN
THIRTY DAYS OF COMPLETION OF ALL WORK PURSUANT TO THIS SECTION.
(B) THE HVAC VERIFICATION REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE FOLLOWING INFORMATION:
(I) NAME AND ADDRESS OF SCHOOL AND EACH BUILDING;
(II) NAME OF PERSON OR CONTRACTOR PREPARING AND CERTIFYING THE REPORT;
(III) DESCRIPTION OF ASSESSMENT, MAINTENANCE, ADJUSTMENT, REPAIR,
UPGRADE, AND REPLACEMENT ACTIVITIES AND OUTCOMES;
(IV) VERIFICATION THAT ALL REQUIREMENTS OF THIS SECTION HAVE BEEN MET;
(V) VERIFICATION THAT EITHER FILTERS MEETING OR EXCEEDING MERV 13
PROTECTION HAVE BEEN INSTALLED OR VERIFICATION THAT THE MAXIMUM
MERV-RATED FILTER THAT THE SYSTEM IS ABLE TO EFFECTIVELY HANDLE HAS BEEN
INSTALLED AND WHAT THAT MERV-RATING IS;
A. 7115 7
(VI) THE VERIFIED VENTILATION RATES FOR FACILITY CLASSROOMS, ASSEMBLY
AREAS, KITCHEN OR CAFETERIA AREAS, OFFICES, RESTROOMS, AND OTHER OCCU-
PIED AREAS AND WHETHER THOSE RATES MEET THE REQUIREMENTS SET FORTH FOR
NEW CONSTRUCTION IN THE MECHANICAL CODE. IF VENTILATION RATES DO NOT
MEET THESE REQUIREMENTS, THEN AN EXPLANATION FOR WHY THE CURRENT SYSTEM
IS UNABLE TO MEET THOSE RATES SHALL BE PROVIDED;
(VII) THE VERIFIED EXHAUST FOR FACILITY CLASSROOMS, AUDITORIUMS,
GYMNASIUMS, NURSES' OFFICES, KITCHEN OR CAFETERIA AREAS, RESTROOMS, AND
OTHER OCCUPIED AREAS AND WHETHER THOSE RATES MEET SYSTEM DESIGN AND THE
REQUIREMENTS OF THE MECHANICAL CODE;
(VIII) DOCUMENTATION OF REPAIRS, UPGRADES OR REPLACEMENTS PERFORMED
PURSUANT TO THE HVAC ASSESSMENT REPORT AND MECHANICAL ENGINEER RECOMMEN-
DATIONS, INCLUDING ALL WORK PERFORMED;
(IX) DOCUMENTATION OF RECOMMENDATIONS FOR ADDITIONAL MAINTENANCE IN
ACCORDANCE WITH ASHRAE STANDARD 62.1- 2022 SECTION 8 AND TABLE 8--1,
REPAIRS, REPLACEMENT, OR UPGRADES TO IMPROVE ENERGY EFFICIENCY, SAFETY,
OR PERFORMANCE;
(X) DOCUMENTATION OF INITIAL OPERATING VERIFICATIONS, ADJUSTMENTS, AND
FINAL OPERATING VERIFICATIONS, AND DOCUMENT ANY ADJUSTMENTS OR REPAIRS
PERFORMED;
(XI) VERIFICATION OF INSTALLATION OF CARBON DIOXIDE MONITORS, INCLUD-
ING THE NUMBER VERIFIED AND INSTALLED, MAKE, AND MODEL OF MONITORS; AND
(XII) VERIFICATION THAT ALL WORK HAS BEEN PERFORMED BY QUALIFIED
PERSONNEL, INCLUDING THE PROVISION OF THE CONTRACTOR'S NAME, QUALIFIED
TESTING PERSONNEL OR QUALIFIED ADJUSTING PERSONNEL NAME OR NAMES AND
CERTIFICATION NUMBER OR NUMBERS, AND VERIFICATION THAT ALL CONSTRUCTION
WORK HAS BEEN PERFORMED BY A SKILLED AND TRAINED WORKFORCE.
(C) THE SCHOOL SHALL MAINTAIN A COPY OF THE HVAC VERIFICATION REPORT
FOR A MINIMUM OF FIVE YEARS AND MAKE IT AVAILABLE TO ANY MEMBER OF THE
PUBLIC, ELECTRONICALLY, UPON REQUEST.
8. (A) AT LEAST ONCE EVERY FIVE YEARS FOLLOWING INITIAL INSPECTION IN
ACCORDANCE WITH ASHRAE STANDARD 62.1- 2022 SECTION 8 AND TABLE 8--1, A
QUALIFIED TESTING PERSONNEL SHALL PERFORM THE ASSESSMENT, MAINTENANCE,
ADJUSTMENT, CONTROLS, CARBON DIOXIDE MONITORING AND VERIFICATION PURSU-
ANT TO SUBDIVISIONS THREE, FOUR, FIVE, SIX AND SEVEN OF THIS SECTION.
(B) UPON CONCLUSION OF THE PERIODIC INSPECTION, QUALIFIED TESTING
PERSONNEL WHO PERFORMED THE PERIODIC INSPECTION SHALL OFFER ONSITE
TRAINING WITH APPROPRIATE SCHOOL STAFF ON THE FINDINGS OF THE
INSPECTION. THE TRAINING SHALL INCLUDE EQUIPMENT IDENTIFICATION AND
OPERATIONS, SAFETY PROTOCOLS, REVIEW OF PERIODIC INSPECTION FINDINGS,
AND PREVENTATIVE MAINTENANCE RECOMMENDATIONS. SCHOOL HVAC SYSTEM TECHNI-
CIANS OR SIMILARLY TITLED SCHOOL STAFF OR STAFF WHO VOLUNTEERED TO BE
TRAINED AND CERTIFIED IN HVAC MAINTENANCE, AND WHO ARE UNDER ANY COLLEC-
TIVE BARGAINING AGREEMENT, ARE REQUIRED TO CREATE A PREVENTATIVE MAINTE-
NANCE PLAN IN ACCORDANCE WITH ASHRAE 180 AND ASHRAE 62.1, CHAPTER 8.
QUALIFIED ADJUSTING PERSONNEL SHALL PERFORM ADJUSTMENTS AND MEASUREMENTS
WITHIN THE PREVENTATIVE MAINTENANCE PLAN. NOTHING IN THIS SECTION SHALL
BE DEEMED TO SUPERSEDE OR DIMINISH THE TERMS, RIGHTS, PRIVILEGES, OR
REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR
EMPLOYMENT CONTRACT.
(C) (I) IF A CLASSROOM, AUDITORIUM, GYMNASIUM, NURSES' OFFICE, KITCHEN
OR CAFETERIA AREAS, RESTROOM, OFFICE, AND OTHER OCCUPIED AREA'S CARBON
DIOXIDE CONCENTRATION ALARM SET POINT IS EXCEEDED FOR MORE THAN FIFTEEN
MINUTES MORE THAN FOUR TIMES IN A MONTH, THE CLASSROOM, AUDITORIUM,
GYMNASIUM, NURSES' OFFICE, KITCHEN OR CAFETERIIA AREAS, RESTROOM,
OFFICE, AND OTHER OCCUPIED AREA'S VENTILATION RATES SHALL BE ADJUSTED OR
A. 7115 8
A DIRECT OUTSIDE AIRFLOW MEASUREMENT DEVICE INSTALLED AND ITS ACCURACY
VERIFIED, TO ENSURE PEAK CARBON DIOXIDE CONCENTRATIONS IN THE CLASSROOM,
AUDITORIUM, GYMNASIUM, NURSES' OFFICE, KITCHEN OR CAFETERIA AREAS, REST-
ROOM, OFFICE, AND OTHER OCCUPIED AREA REMAINS BELOW THE SET POINT.
ADJUSTMENTS SHALL BE PERFORMED BY QUALIFIED ADJUSTING PERSONNEL AS
DEFINED IN PARAGRAPH (I) OF SUBDIVISION ONE OF THIS SECTION.
(II) EACH SCHOOL SHALL RECORD INCIDENTS WHERE THE SET POINT WAS
EXCEEDED FOR MORE THAN FIFTEEN MINUTES MORE THAN FOUR TIMES IN A MONTH.
FIVE YEARS OF SUCH RECORDS SHALL BE KEPT FOR EACH CLASSROOM, AUDITORIUM,
GYMNASIUM, NURSES' OFFICE, KITCHEN OR CAFETERIA AREAS, RESTROOM, OFFICE,
AND OTHER OCCUPIED AREA AND MADE AVAILABLE TO THE PUBLIC AT LEAST ON A
QUARTERLY BASIS.
9. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS MAY BE
NECESSARY AND APPROPRIATE TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 3. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act, which can be given
effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 4. This act take effect immediately.