Delaware | Environmental Law Institute

Delaware Code, tit. 14, § 2307

Requires the state education agency to develop, before January 2024, a school Facilities Evaluation Instrument and inspection cycle for the purpose of determining if a school facility is in good repair. Provides that the standard of good repair must address, among other things, visible mold or mildew, pest or vermin infestation, mechanical systems, and hazardous materials.

Delaware Code, tit. 14, § 3003a

Authorizes the Office of Child Care Licensing to promulgate regulations establishing standards for licensed child care facilities. Regulations (14 Del. Admin. Code 933-7.0, 933-10.0, 933-45.0, 933-46, 933-49.0, 934-7.0, 934-9.0, 934-27.0, 934-61) require that child care centers and homes present evidence that the facility is free of radon hazards prior to licensing and prior to relocation of the facility. Requires facilities to conduct a radon test and ensure acceptable radon mitigation occurs if testing indicates a radon level over 4.0 pCi/L. Requires testing once every five years and within six months after any remodeling, renovation, or construction. Requires that a child care center or large family home located in a building that previously or currently contains a dry cleaner, nail salon, or any "other use that may result in an unacceptable indoor air quality …[obtain]…indoor air sampling as required per 7 DE Admin. Code 1375 that shows there is no impact to the center." Allows testing to be performed by the property owner or a certified inspector as defined in the regulations, and requires that copies of testing results be sent to the licensing agency within five days of receiving results.

Delaware Code, tit. 14, §§ 4301--4308

Requires the Division of Public Health to establish, before January 2024, a "routine indoor air quality monitoring program and standards that includes allowable ranges for temperature and humidity in public schools," taking into consideration "indoor air quality recommendations provided by OSHA and industry best practices, such as [ASHRAE] Standard 62.1." Requires the Division to establish reporting requirements for local and regional boards of education and requires schools to establish procedures for responding to IAQ complaints, as described in the law. Also requires the Division to establish a contractor certification program for "public school indoor air quality services" and provides that schools entering into contracts for IAQ remediation may do so only with certified contractors. Authorizes the Division to make unannounced visits to any public school for the purpose of complying with the law. Directs the Division to identify information and technical resources to guide schools in improving the indoor environment and to provide technical expertise and information to support school districts via an information portal on the agency's website.

Delaware Code, tit. 6, §§ 2570--2578

Requires sellers of property containing up to four residential dwelling units to disclose to the buyer, agent and/or subagent all known material defects of the property, including information about radon tests or inspections. Sellers must also provide purchasers with written information about radon developed by the state. The radon disclosure form, developed by the Delaware Real Estate Commission, requires disclosure of any radon tests performed on the property. Real estate licensees are required by regulation (24 Del. Admin. Code 2900-10.0) to obtain the radon disclosure from sellers and to make the disclosure and a state-created radon fact sheet available to purchasers and make the radon disclosure a part of any agreement of sale. The state's Property Condition Report requires disclosure of additional environmental hazards, such as asbestos, lead paint, toxic or hazardous substances, and mold, including any past mold testing results. (See https://dpr.delaware.gov/boards/realestate/forms/.)