N.J. Admin. Code § 8:50-3.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:50-3.1 - Procedures for conducting an indoor environmental health assessment in child care centers and educational facilities

(a) The conduct of an indoor environmental health assessment shall be in accordance with the following:

1. Only licensees shall conduct IEHAs;

2. The licensee shall conduct a site inquiry;

3. The licensee shall assess the indoor environment of the building or space used or to be used as a child care center or an educational facility to determine if contaminants are present that may have an impact on the health of the children and staff;

4. The licensee shall conduct an assessment to determine if adjacent businesses are known or suspected to contain contaminants that may have an impact on the indoor environment of the building or space used or to be used as a child care center or educational facility;

5. The licensee shall conduct an assessment to determine if proximate businesses are known or suspected to contain contaminants that may have an impact on the indoor environment of the building or leased space used or to be used as a child care center or educational facility;

6. The licensee shall conduct an assessment to determine if the building or leased space or adjacent or proximate businesses to child care centers or educational facilities are known or suspected contaminated sites or industrial sites that are subject to the Industrial Site Recovery Act, N.J.A.C. 7:26B;

7. The licensee shall evaluate for the presence of the following contaminants:

i. Asbestos-containing materials;

ii. Lead;

iii. Organic compounds;

iv. Formaldehyde;

v. Metals;

vi. Inorganic compounds;

vii. Pesticides;

viii. Radon; and

ix. Other contaminants of environmental concern;

8. The licensee shall determine potential sources of interior vapor intrusion by suspected or known contaminants and shall provide a description thereof;

9. The licensee shall provide a site diagram or drawing showing area(s) of concern;

10. The licensee shall conduct a thorough visual inspection of all building spaces and surfaces to identify areas of environmental concern, including, but not limited to, all occupied building spaces, attic spaces, spaces above drop ceilings, basements, crawl spaces and storage areas;

11. The licensee shall conduct appropriate environmental sampling to ascertain both the vertical and horizontal extent and quantification of contamination present and/or impacting building surfaces and structures, by collecting samples from building materials, building structures and building surfaces and, including, but not limited to, samples of concrete, wood, dusts and indoor air.

i. The licensee shall bias the selection of sampling locations toward areas of suspected contamination based on the licensee's professional judgment, the uses and history of the area, field instrument measurements, odor and other information obtained from the site investigation;

12. The licensee shall conduct indoor air sampling in accordance with the Vapor Intrusion Guidance, by using the procedures outlined by Methods TO-15 and TO-17 for the appropriate volatile organic compounds;

13. The licensee shall adhere to applicable procedures for the identification and assessment of asbestos-containing materials pursuant to the Asbestos Hazard Emergency Response Act of 1986 (AHERA), Public Law 99-519 (Oct 22, 1986), 15 U.S.C. § 2651 and the regulations promulgated pursuant thereto at 40 CFR Part 763, Subpart E, at §§ 763.80 through 763.99 and Appendices A through E;

14. The licensee shall adhere to applicable procedures for the evaluation and assessment of lead-based paint at N.J.A.C. 5:17, the Lead Hazard Evaluation and Abatement Code;

15. The licensee shall adhere to applicable procedures for the evaluation of radon at N.J.A.C. 7:28-27, Certification of radon testers and mitigators;

16. The licensee shall adhere to applicable procedures for the collection of metals in dust contained in ASTM D7144;

17. The licensee shall adhere to applicable procedures for the collection of chip samples contained in the Field Sampling Procedures Manual, at Chapter 6c, § 6.7.2 Chip Samples; and

18. The licensee shall ensure that all samples are analyzed by a laboratory that is:

i. Appropriate to the material being tested; and

ii. Accredited by the New Jersey Department of Environmental Protection, the AIHA, or the NVLAP.

N.J. Admin. Code § 8:50-3.1