Sub. H. B. No. 203 As Passed by the House

Representatives Raga, Kearns, DeWine, Flowers, Wagoner, Calvert, T. Patton, Allen, Strahorn, Gilb, Chandler, Faber, White, S. Smith, Barrett, Beatty, DeBose, Fessler, G. Smith, Harwood, Hoops, Otterman, Reidelbach, Schneider, Webster, Carmichael, Cassell, C. Evans, D. Evans, Hagan, Hughes, Key, Law, Martin, Schlichter, Setzer, Taylor, S. Patton, Williams

A BILL

To amend sections 3707.26 and 4736.01 and to enact 1
sections 117.102, 3313.473, 3314.12, and 3701.93 2
to 3701.98 of the Revised Code with respect to 3
inspections of public and nonpublic school 4
buildings by boards of health, to require the 5
Director of Health to establish the School Health 6
and Safety Network to coordinate school 7
inspections, and to include Safety and Sanitary 8
inspection rules within the practice of 9
environmental health for registered sanitarians. 10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3707.26 and 4736.01 be amended and 11
sections 117.102, 3313.473, 3314.12, 3701.93, 3701.94, 3701.95, 12
3701.96, 3701.97, and 3701.98 of the Revised Code be enacted to 13
read as follows: 14

       Sec. 117.102. The auditor of state shall review the report of 15
each school health and safety network inspection of a public 16
school building and associated grounds submitted to the auditor of 17
state under section 3701.95 of the Revised Code. The auditor of 18
state may include references to any of the recommendations 19
contained in the inspection report, as determined appropriate by 20
the auditor of state, in any audit report of the school district, 21
educational service center, or community school controlling the 22
inspected building and grounds. 23

        As used in this section, "public school" has the same meaning 24
as in section 3701.93 of the Revised Code. 25

       Sec. 3313.473. (A) The principal or chief administrator of 26
each public and nonpublic school shall cooperate with the 27
appropriate board of health in the conduct of any school health 28
and safety network inspections under section 3701.94 of the 29
Revised Code by providing access to the premises at any time 30
during operation for inspections and by providing any records or 31
other information the board of health considers necessary. 32

       (B) The board of education of each school district, the 33
governing board of each educational service center that controls a 34
public school, and the chief administrator of each nonpublic 35
school for which an inspection report is submitted by the board of 36
health under section 3701.95 of the Revised Code shall develop and 37
submit to the board, in accordance with section 3701.96 of the 38
Revised Code, a plan for abatement of conditions at that school 39
determined to be hazardous to occupants. 40

       (C) As used in this section, "public school" and "nonpublic 41
school" have the same meanings as in section 3701.93 of the 42
Revised Code. 43

       Sec. 3314.12. (A) The principal or chief administrator of 44
each community school shall cooperate with the appropriate board 45
of health in the conduct of any school health and safety network 46
inspections under section 3701.94 of the Revised Code by providing 47
access to the premises at any time during operation for 48
inspections and by providing any records or other information the 49
board of health considers necessary. 50

       (B) The governing authority of each community school for 51
which an inspection report is submitted by the board of health 52
under section 3701.95 of the Revised Code shall develop and submit 53
to the board, in accordance with section 3701.96 of the Revised 54
Code, a plan for abatement of conditions at the school determined 55
to be hazardous to occupants. 56

       Sec. 3701.93. As used in sections 3701.93 to 3701.98 of the 57
Revised Code: 58

        (A) "Board of health" has the same meaning as in section 59
3717.01 of the Revised Code. 60

       (B) "Nonpublic school" means a chartered nonpublic school 61
that meets the minimum education standards prescribed by the state 62
board of education under section 3301.07 of the Revised Code. 63
"Nonpublic school" includes facilities used for child care 64
programs for preschool children operated by the school. 65

        (C) "Public school" means either of the following: 66

        (1) A school operated by any school district, educational 67
service center, or county board of mental retardation and 68
developmental disabilities, including facilities used for child 69
care programs for preschool children operated by the district, 70
center, or board of mental retardation and developmental 71
disabilities; 72

        (2) A community school established under Chapter 3314. of the 73
Revised Code, including a facility operated by an internet- or 74
computer-based community school, as defined in section 3314.02 of 75
the Revised Code, that is used as a classroom or laboratory for 76
one or more students. "Public school" does not mean the residence 77
of a student enrolled in an internet- or computer-based community 78
school. 79

       Sec. 3701.94. The director of health shall establish the 80
school health and safety network, under which each board of 81
health, in addition to or in concert with inspections conducted 82
under section 3707.03 or 3707.26 of the Revised Code, shall 83
inspect each public and nonpublic school building and associated 84
grounds within its jurisdiction at least once each year to 85
identify conditions dangerous to public health and safety present 86
in or on the building or grounds. Inspections shall be conducted 87
during regular school hours. 88

        An inspector shall conduct inspections using forms, 89
templates, and checklists developed by the director or other forms 90
approved by the director. 91

       The director, with the cooperation of each board of health, 92
shall coordinate inspections, in a manner determined appropriate 93
by the director, to avoid duplication of authority over a school 94
by multiple boards of health and to ensure that each school is 95
inspected in accordance with sections 3701.93 to 3701.98 of the 96
Revised Code. 97

       Sec. 3701.95. (A) Each board of health shall report the 98
findings from the inspection of each public and nonpublic school 99
building and associated grounds conducted under section 3701.94 of 100
the Revised Code to all of the following: 101

       (1) The principal or chief administrator of the building; 102

        (2) The administrator responsible for facility operations and 103
maintenance of the school district, educational service center, or 104
community school controlling the inspected building and grounds; 105

       (3) In the case of a school operated by a school district or 106
educational service center, the superintendent of that district or 107
service center; 108

       (4) The auditor of state. 109

        (B) Each report shall include recommendations for changes 110
that the board of health determines may be needed to abate 111
conditions that are hazardous to occupants. The report shall 112
include recommendations made pursuant to an inspection conducted 113
under section 3707.26 of the Revised Code. 114

        (C) The report is a public record under section 149.43 of the 115
Revised Code. 116

       Sec. 3701.96. The board of education of each school 117
district, the governing board of each educational service center, 118
the governing authority of each community school, and the chief 119
administrator of each nonpublic school shall submit to the board 120
of health, by a deadline and in a manner established by the 121
director of health, a written plan for abatement of the conditions 122
determined to be hazardous to occupants, as described in the 123
report submitted under section 3701.95 of the Revised Code. The 124
plan shall include a schedule for completion of the abatement. 125

       The board of health shall determine compliance with the 126
written plan for abatement. On completion of any plan for 127
abatement, the board of health shall submit a supplemental report 128
to all parties specified in division (A) of section 3701.95 of the 129
Revised Code. 130

       The plan submitted under this section is a public record 131
under section 149.43 of the Revised Code. 132

       Sec. 3701.97. In consultation with the association of Ohio 133
health commissioners, the Ohio environmental health association, 134
the Ohio school boards association, and the Ohio education 135
association, the director of health shall adopt rules in 136
accordance with Chapter 119. of the Revised Code establishing 137
minimum standards for inspection procedures for purposes of the 138
school health and safety network under sections 3701.93 to 3701.98 139
of the Revised Code. 140

       The director also shall develop information specifying 141
dangerous conditions and dangerous products, including products 142
recalled by the manufacturer, that may be present in school 143
buildings and associated grounds. In developing that information, 144
the director may use information developed by other sources, 145
including other state and federal agencies. The director shall 146
distribute the information developed under this section on a 147
quarterly basis to boards of health through electronic mail. The 148
information shall also be made available on the department's 149
internet web site. 150

       Sec. 3701.98. Nothing in sections 3701.93 to 3701.97 of the 151
Revised Code shall be construed to diminish the authority of a 152
board of health to issue orders or take other actions under 153
section 3707.03 or 3707.26 of the Revised Code. 154

       Sec. 3707.26. ~~Semiannually, and oftener~~(A) Annually, and 155
more often, if in its judgment necessary, the board of health of a 156
city or general health district shall inspect the sanitary 157
condition of all schools and school buildings within its 158
jurisdiction, and may disinfect any school building. During an 159
epidemic or threatened epidemic, or when a dangerous communicable 160
disease is unusually prevalent, or for any other imminent public 161
health threat as determined by the board, the board may close any 162
school and prohibit public gatherings for such time as is 163
necessary. 164

       (B) In consultation with the association of Ohio health 165
commissioners, the Ohio environmental health association, the Ohio 166
school boards association, and the Ohio education association, the 167
director of health shall adopt rules in accordance with Chapter 168
119. of the Revised Code establishing minimum standards for 169
inspections conducted under this section. The rules shall be 170
adopted not later than eighteen months after the effective date of 171
this amendment. 172

       Sec. 4736.01. As used in this chapter: 173

       (A) "Environmental health science" means the aspect of public 174
health science that includes, but is not limited to, the following 175
bodies of knowledge: air quality, food quality and protection, 176
hazardous and toxic substances, consumer product safety, housing, 177
institutional health and safety, community noise control, 178
radiation protection, recreational facilities, solid and liquid 179
waste management, vector control, drinking water quality, milk 180
sanitation, and rabies control. 181

       (B) "Sanitarian" means a person who performs for compensation 182
educational, investigational, technical, or administrative duties 183
requiring specialized knowledge and skills in the field of 184
environmental health science. 185

       (C) "Registered sanitarian" means a person who is registered 186
as a sanitarian in accordance with this chapter. 187

       (D) "Sanitarian-in-training" means a person who is registered 188
as a sanitarian-in-training in accordance with this chapter. 189

       (E) "Practice of environmental health" means consultation, 190
instruction, investigation, inspection, or evaluation by an 191
employee of a city health district, a general health district, the 192
environmental protection agency, the department of health, or the 193
department of agriculture requiring specialized knowledge, 194
training, and experience in the field of environmental health 195
science, with the primary purpose of improving or conducting 196
administration or enforcement under any of the following: 197

       (1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or 198
3733. of the Revised Code; 199

       (2) Chapter 3734. of the Revised Code as it pertains to solid 200
waste; 201

       (3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections 202
3707.38 to 3707.99, or section 3715.21 of the Revised Code; 203

       (4) Rules adopted under section 3701.34 of the Revised Code 204
pertaining to rabies control or swimming pools; 205

       (5) Rules for school health and safety network inspections 206
adopted under section 3701.97 of the Revised Code and for sanitary 207
inspection adopted under section 3707.26 of the Revised Code. 208

       "Practice of environmental health" does not include sampling, 209
testing, controlling of vectors, reporting of observations, or 210
other duties that do not require application of specialized 211
knowledge and skills in environmental health science performed 212
under the supervision of a registered sanitarian. 213

       The state board of sanitarian registration may further define 214
environmental health science in relation to specific functions in 215
the practice of environmental health through rules adopted by the 216
board under Chapter 119. of the Revised Code. 217

       Section 2. That existing sections 3707.26 and 4736.01 of the 218
Revised Code are hereby repealed. 219

       Section 3. In establishing and operating the School Health 220
and Safety Network under sections 3701.93 to 3701.98 of the 221
Revised Code, the Director of Health and each board of health, as 222
defined in section 3701.93 of the Revised Code, to the greatest 223
extent possible shall use staff positions already within their 224
respective organizations on the effective date of this section. 225

Section 1. That sections 3707.26 and 4736.01 be amended and	11
sections 117.102, 3313.473, 3314.12, 3701.93, 3701.94, 3701.95,	12
3701.96, 3701.97, and 3701.98 of the Revised Code be enacted to	13
read as follows:	14

Sec. 117.102. The auditor of state shall review the report of	15
each school health and safety network inspection of a public	16
school building and associated grounds submitted to the auditor of	17
state under section 3701.95 of the Revised Code. The auditor of	18
state may include references to any of the recommendations	19
contained in the inspection report, as determined appropriate by	20
the auditor of state, in any audit report of the school district,	21
educational service center, or community school controlling the	22
inspected building and grounds.	23

As used in this section, "public school" has the same meaning	24
as in section 3701.93 of the Revised Code.	25

Sec. 3313.473. (A) The principal or chief administrator of	26
each public and nonpublic school shall cooperate with the	27
appropriate board of health in the conduct of any school health	28
and safety network inspections under section 3701.94 of the	29
Revised Code by providing access to the premises at any time	30
during operation for inspections and by providing any records or	31
other information the board of health considers necessary.	32

(B) The board of education of each school district, the	33
governing board of each educational service center that controls a	34
public school, and the chief administrator of each nonpublic	35
school for which an inspection report is submitted by the board of	36
health under section 3701.95 of the Revised Code shall develop and	37
submit to the board, in accordance with section 3701.96 of the	38
Revised Code, a plan for abatement of conditions at that school	39
determined to be hazardous to occupants.	40

(C) As used in this section, "public school" and "nonpublic	41
school" have the same meanings as in section 3701.93 of the	42
Revised Code.	43

Sec. 3314.12. (A) The principal or chief administrator of	44
each community school shall cooperate with the appropriate board	45
of health in the conduct of any school health and safety network	46
inspections under section 3701.94 of the Revised Code by providing	47
access to the premises at any time during operation for	48
inspections and by providing any records or other information the	49
board of health considers necessary.	50

(B) The governing authority of each community school for	51
which an inspection report is submitted by the board of health	52
under section 3701.95 of the Revised Code shall develop and submit	53
to the board, in accordance with section 3701.96 of the Revised	54
Code, a plan for abatement of conditions at the school determined	55
to be hazardous to occupants.	56

Sec. 3701.93. As used in sections 3701.93 to 3701.98 of the	57
Revised Code:	58

(A) "Board of health" has the same meaning as in section	59
3717.01 of the Revised Code.	60

(B) "Nonpublic school" means a chartered nonpublic school	61
that meets the minimum education standards prescribed by the state	62
board of education under section 3301.07 of the Revised Code.	63
"Nonpublic school" includes facilities used for child care	64
programs for preschool children operated by the school.	65

(1) A school operated by any school district, educational	67
service center, or county board of mental retardation and	68
developmental disabilities, including facilities used for child	69
care programs for preschool children operated by the district,	70
center, or board of mental retardation and developmental	71
disabilities;	72

(2) A community school established under Chapter 3314. of the	73
Revised Code, including a facility operated by an internet- or	74
computer-based community school, as defined in section 3314.02 of	75
the Revised Code, that is used as a classroom or laboratory for	76
one or more students. "Public school" does not mean the residence	77
of a student enrolled in an internet- or computer-based community	78
school.	79

Sec. 3701.94. The director of health shall establish the	80
school health and safety network, under which each board of	81
health, in addition to or in concert with inspections conducted	82
under section 3707.03 or 3707.26 of the Revised Code, shall	83
inspect each public and nonpublic school building and associated	84
grounds within its jurisdiction at least once each year to	85
identify conditions dangerous to public health and safety present	86
in or on the building or grounds. Inspections shall be conducted	87
during regular school hours.	88

An inspector shall conduct inspections using forms,	89
templates, and checklists developed by the director or other forms	90
approved by the director.	91

The director, with the cooperation of each board of health,	92
shall coordinate inspections, in a manner determined appropriate	93
by the director, to avoid duplication of authority over a school	94
by multiple boards of health and to ensure that each school is	95
inspected in accordance with sections 3701.93 to 3701.98 of the	96
Revised Code.	97

Sec. 3701.95. (A) Each board of health shall report the	98
findings from the inspection of each public and nonpublic school	99
building and associated grounds conducted under section 3701.94 of	100
the Revised Code to all of the following:	101

(2) The administrator responsible for facility operations and	103
maintenance of the school district, educational service center, or	104
community school controlling the inspected building and grounds;	105

(3) In the case of a school operated by a school district or	106
educational service center, the superintendent of that district or	107
service center;	108

(B) Each report shall include recommendations for changes	110
that the board of health determines may be needed to abate	111
conditions that are hazardous to occupants. The report shall	112
include recommendations made pursuant to an inspection conducted	113
under section 3707.26 of the Revised Code.	114

(C) The report is a public record under section 149.43 of the	115
Revised Code.	116

Sec. 3701.96. The board of education of each school	117
district, the governing board of each educational service center,	118
the governing authority of each community school, and the chief	119
administrator of each nonpublic school shall submit to the board	120
of health, by a deadline and in a manner established by the	121
director of health, a written plan for abatement of the conditions	122
determined to be hazardous to occupants, as described in the	123
report submitted under section 3701.95 of the Revised Code. The	124
plan shall include a schedule for completion of the abatement.	125

The board of health shall determine compliance with the	126
written plan for abatement. On completion of any plan for	127
abatement, the board of health shall submit a supplemental report	128
to all parties specified in division (A) of section 3701.95 of the	129
Revised Code.	130

The plan submitted under this section is a public record	131
under section 149.43 of the Revised Code.	132

Sec. 3701.97. In consultation with the association of Ohio	133
health commissioners, the Ohio environmental health association,	134
the Ohio school boards association, and the Ohio education	135
association, the director of health shall adopt rules in	136
accordance with Chapter 119. of the Revised Code establishing	137
minimum standards for inspection procedures for purposes of the	138
school health and safety network under sections 3701.93 to 3701.98	139
of the Revised Code.	140

The director also shall develop information specifying	141
dangerous conditions and dangerous products, including products	142
recalled by the manufacturer, that may be present in school	143
buildings and associated grounds. In developing that information,	144
the director may use information developed by other sources,	145
including other state and federal agencies. The director shall	146
distribute the information developed under this section on a	147
quarterly basis to boards of health through electronic mail. The	148
information shall also be made available on the department's	149
internet web site.	150

Sec. 3701.98. Nothing in sections 3701.93 to 3701.97 of the	151
Revised Code shall be construed to diminish the authority of a	152
board of health to issue orders or take other actions under	153
section 3707.03 or 3707.26 of the Revised Code.	154

Sec. 3707.26. ~~Semiannually, and oftener~~(A) Annually, and	155
more often, if in its judgment necessary, the board of health of a	156
city or general health district shall inspect the sanitary	157
condition of all schools and school buildings within its	158
jurisdiction, and may disinfect any school building. During an	159
epidemic or threatened epidemic, or when a dangerous communicable	160
disease is unusually prevalent, or for any other imminent public	161
health threat as determined by the board, the board may close any	162
school and prohibit public gatherings for such time as is	163
necessary.	164

(B) In consultation with the association of Ohio health	165
commissioners, the Ohio environmental health association, the Ohio	166
school boards association, and the Ohio education association, the	167
director of health shall adopt rules in accordance with Chapter	168
119. of the Revised Code establishing minimum standards for	169
inspections conducted under this section. The rules shall be	170
adopted not later than eighteen months after the effective date of	171
this amendment.	172

(A) "Environmental health science" means the aspect of public	174
health science that includes, but is not limited to, the following	175
bodies of knowledge: air quality, food quality and protection,	176
hazardous and toxic substances, consumer product safety, housing,	177
institutional health and safety, community noise control,	178
radiation protection, recreational facilities, solid and liquid	179
waste management, vector control, drinking water quality, milk	180
sanitation, and rabies control.	181