Am. Sub. H. B. No. 203 As Passed by the Senate

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

Senators Clancy, Austria, Coughlin, Dann, Grendell, Harris, Padgett, Roberts, Schuler, Schuring, Zurz, Spada, Gardner

A BILL

To amend sections 3707.26 and 4736.01 and to enact 1
sections 117.102, 3313.473, 3314.15, and 3701.93, 2
3701.931, 3701.932, 3701.933, 3701.934, 3701.935, 3
and 3701.936 of the Revised Code with respect to 4
inspections of public and nonpublic school 5
buildings by boards of health, to require the 6
Director of Health to establish the School Health 7
and Safety Network to coordinate school 8
inspections, and to include school safety and 9
sanitary inspections within the practice of 10
environmental health for registered sanitarians. 11

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

       Section 1. That sections 3707.26 and 4736.01 be amended and 12
sections 117.102, 3313.473, 3314.15, 3701.93, 3701.931, 3701.932, 13
3701.933, 3701.934, 3701.935, and 3701.936 of the Revised Code be 14
enacted to read as follows: 15

       Sec. 117.102. The auditor of state shall review the report of 16
each school health and safety network inspection of a public 17
school building and associated grounds submitted to the auditor of 18
state under section 3701.932 of the Revised Code. The auditor of 19
state may include references to any of the recommendations 20
contained in the inspection report, as determined appropriate by 21
the auditor of state, in any audit report of the school district, 22
educational service center, board of mental retardation and 23
developmental disabilities, or community school controlling the 24
inspected building and grounds. 25

        As used in this section, "public school" has the same meaning 26
as in section 3701.93 of the Revised Code. 27

       Sec. 3313.473. (A) The principal or chief administrator of 28
each public and nonpublic school shall cooperate with the 29
appropriate board of health in the conduct of a school health and 30
safety network inspection under section 3701.931 of the Revised 31
Code by providing access to the premises for the inspection at any 32
time during the school's operation and by providing any records or 33
other information the board of health considers necessary. 34

       (B) The board of education of each school district, the 35
governing board of each educational service center that controls a 36
public school, and the chief administrator of each nonpublic 37
school for which an inspection report is submitted by the board of 38
health under section 3701.932 of the Revised Code shall develop 39
and submit to the board, in accordance with section 3701.933 of 40
the Revised Code, a plan for abatement of conditions at that 41
school determined to be hazardous to occupants. 42

       (C) As used in this section, "public school" and "nonpublic 43
school" have the same meanings as in section 3701.93 of the 44
Revised Code. 45

       Sec. 3314.15. (A) The principal or chief administrator of 46
each community school shall cooperate with the appropriate board 47
of health in the conduct of a school health and safety network 48
inspection under section 3701.931 of the Revised Code by providing 49
access to the premises for the inspection at any time during the 50
school's operation and by providing any records or other 51
information the board of health considers necessary. 52

       (B) The governing authority of each community school for 53
which an inspection report is submitted by the board of health 54
under section 3701.932 of the Revised Code shall develop and 55
submit to the board, in accordance with section 3701.933 of the 56
Revised Code, a plan for abatement of conditions at the school 57
determined to be hazardous to occupants. 58

       Sec. 3701.93. As used in sections 3701.931 to 3701.936 of the 59
Revised Code: 60

        (A) "Board of health" has the same meaning as in section 61
3717.01 of the Revised Code. 62

       (B) "Nonpublic school" means a chartered nonpublic school 63
that meets the minimum education standards prescribed by the state 64
board of education under section 3301.07 of the Revised Code. 65
"Nonpublic school" includes facilities used for child care 66
programs for preschool children operated by the school. 67

        (C) "Public school" means either of the following: 68

        (1) A school operated by a school district, educational 69
service center, or board of mental retardation and developmental 70
disabilities, including facilities used for child care programs 71
for preschool children operated by the district, center, or board; 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. 3701.931. 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 3701.936 of the 96
Revised Code. 97

       Sec. 3701.932. (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 3701.931 100
of 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 on behalf of the school district, educational service 104
center, board of mental retardation and developmental 105
disabilities, or community school controlling the inspected 106
building and grounds; 107

       (3) In the case of a school operated by a school district, 108
the superintendent and board of education of that district; 109

       (4) In the case of a school operated by an educational 110
service center or board of mental retardation and developmental 111
disabilities, the center or board; 112

       (5) The auditor of state. 113

        (B) Each report shall include recommendations for changes 114
that the board of health determines may be needed to abate 115
conditions that are hazardous to occupants. The report shall 116
include recommendations made pursuant to an inspection conducted 117
under section 3707.26 of the Revised Code. 118

        (C) The report is a public record under section 149.43 of the 119
Revised Code. 120

       Sec. 3701.933. The board of education of each school 121
district, the governing board of each educational service center, 122
the board of mental retardation and developmental disabilities, 123
the governing authority of each community school, and the chief 124
administrator of each nonpublic school shall submit to the board 125
of health, by a deadline and in a manner established by the 126
director of health, a written plan for abatement of the conditions 127
determined to be hazardous to occupants, as described in the 128
report submitted under section 3701.932 of the Revised Code. The 129
plan shall include a schedule for completion of the abatement. 130

       The board of health shall determine compliance with the 131
written plan for abatement. On completion of any plan for 132
abatement, the board of health shall submit a supplemental report 133
to all parties specified in division (A) of section 3701.932 of 134
the Revised Code. 135

       The plan submitted under this section is a public record 136
under section 149.43 of the Revised Code. 137

       Sec. 3701.934. For purposes of the school health and safety 138
network under sections 3701.93 to 3701.936 of the Revised Code, 139
the director of health shall develop information specifying 140
dangerous conditions and dangerous products, including products 141
recalled by the manufacturer, that may be present in school 142
buildings and associated grounds. In developing that information, 143
the director may use information developed by other sources, 144
including other state and federal agencies. The director shall 145
distribute the information developed under this section on a 146
quarterly basis to boards of health through electronic mail. The 147
information shall also be made available on the department's 148
internet web site. 149

       Sec. 3701.935. The director of health shall adopt rules 150
establishing minimum standards and procedures for inspections 151
conducted for purposes of the school health and safety network 152
under sections 3701.93 to 3701.936 of the Revised Code. The rules 153
shall be adopted in accordance with Chapter 119. of the Revised 154
Code and in consultation with the association of Ohio health 155
commissioners, the Ohio environmental health association, the Ohio 156
school boards association, and the Ohio education association. 157
Initial rules shall be adopted not later than eighteen months 158
after the effective date of this section. 159

       Sec. 3701.936. Nothing in sections 3701.93 to 3701.935 of 160
the Revised Code shall be construed to diminish the authority of a 161
board of health to issue orders or take other actions under 162
section 3707.03 or 3707.26 of the Revised Code. 163

       Sec. 3707.26. ~~Semiannually, and oftener~~(A) Annually, and 164
more often, if in its judgment necessary, the board of health of a 165
city or general health district shall inspect the sanitary 166
condition of all schools and school buildings within its 167
jurisdiction, and may disinfect any school building. During an 168
epidemic or threatened epidemic, or when a dangerous communicable 169
disease is unusually prevalent, or for any other imminent public 170
health threat as determined by the board, the board may close any 171
school and prohibit public gatherings for such time as is 172
necessary. 173

       (B) The director of health shall adopt rules establishing 174
minimum standards for inspections conducted under this section. 175
The rules shall be adopted in accordance with Chapter 119. of the 176
Revised Code and in consultation with the association of Ohio 177
health commissioners, the Ohio environmental health association, 178
the Ohio school boards association, and the Ohio education 179
association. Initial rules shall be adopted not later than 180
eighteen months after the effective date of this amendment. 181

       Sec. 4736.01. As used in this chapter: 182

       (A) "Environmental health science" means the aspect of public 183
health science that includes, but is not limited to, the following 184
bodies of knowledge: air quality, food quality and protection, 185
hazardous and toxic substances, consumer product safety, housing, 186
institutional health and safety, community noise control, 187
radiation protection, recreational facilities, solid and liquid 188
waste management, vector control, drinking water quality, milk 189
sanitation, and rabies control. 190

       (B) "Sanitarian" means a person who performs for compensation 191
educational, investigational, technical, or administrative duties 192
requiring specialized knowledge and skills in the field of 193
environmental health science. 194

       (C) "Registered sanitarian" means a person who is registered 195
as a sanitarian in accordance with this chapter. 196

       (D) "Sanitarian-in-training" means a person who is registered 197
as a sanitarian-in-training in accordance with this chapter. 198

       (E) "Practice of environmental health" means consultation, 199
instruction, investigation, inspection, or evaluation by an 200
employee of a city health district, a general health district, the 201
environmental protection agency, the department of health, or the 202
department of agriculture requiring specialized knowledge, 203
training, and experience in the field of environmental health 204
science, with the primary purpose of improving or conducting 205
administration or enforcement under any of the following: 206

       (1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or 207
3733. of the Revised Code; 208

       (2) Chapter 3734. of the Revised Code as it pertains to solid 209
waste; 210

       (3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections 211
3707.38 to 3707.99, or section 3715.21 of the Revised Code; 212

       (4) Rules adopted under section 3701.34 of the Revised Code 213
pertaining to rabies control or swimming pools; 214

       (5) Rules adopted under section 3701.935 of the Revised Code 215
for school health and safety network inspections and rules adopted 216
under section 3707.26 of the Revised Code for sanitary 217
inspections. 218

       "Practice of environmental health" does not include sampling, 219
testing, controlling of vectors, reporting of observations, or 220
other duties that do not require application of specialized 221
knowledge and skills in environmental health science performed 222
under the supervision of a registered sanitarian. 223

       The state board of sanitarian registration may further define 224
environmental health science in relation to specific functions in 225
the practice of environmental health through rules adopted by the 226
board under Chapter 119. of the Revised Code. 227

       Section 2. That existing sections 3707.26 and 4736.01 of the 228
Revised Code are hereby repealed. 229

       Section 3. In establishing and operating the School Health 230
and Safety Network under sections 3701.93 to 3701.936 of the 231
Revised Code, the Director of Health and each board of health, as 232
defined in section 3701.93 of the Revised Code, to the greatest 233
extent possible shall use staff positions already within their 234
respective organizations on the effective date of this section. 235

Section 1. That sections 3707.26 and 4736.01 be amended and	12
sections 117.102, 3313.473, 3314.15, 3701.93, 3701.931, 3701.932,	13
3701.933, 3701.934, 3701.935, and 3701.936 of the Revised Code be	14
enacted to read as follows:	15

Sec. 117.102. The auditor of state shall review the report of	16
each school health and safety network inspection of a public	17
school building and associated grounds submitted to the auditor of	18
state under section 3701.932 of the Revised Code. The auditor of	19
state may include references to any of the recommendations	20
contained in the inspection report, as determined appropriate by	21
the auditor of state, in any audit report of the school district,	22
educational service center, board of mental retardation and	23
developmental disabilities, or community school controlling the	24
inspected building and grounds.	25

As used in this section, "public school" has the same meaning	26
as in section 3701.93 of the Revised Code.	27

Sec. 3313.473. (A) The principal or chief administrator of	28
each public and nonpublic school shall cooperate with the	29
appropriate board of health in the conduct of a school health and	30
safety network inspection under section 3701.931 of the Revised	31
Code by providing access to the premises for the inspection at any	32
time during the school's operation and by providing any records or	33
other information the board of health considers necessary.	34

(B) The board of education of each school district, the	35
governing board of each educational service center that controls a	36
public school, and the chief administrator of each nonpublic	37
school for which an inspection report is submitted by the board of	38
health under section 3701.932 of the Revised Code shall develop	39
and submit to the board, in accordance with section 3701.933 of	40
the Revised Code, a plan for abatement of conditions at that	41
school determined to be hazardous to occupants.	42

(C) As used in this section, "public school" and "nonpublic	43
school" have the same meanings as in section 3701.93 of the	44
Revised Code.	45

Sec. 3314.15. (A) The principal or chief administrator of	46
each community school shall cooperate with the appropriate board	47
of health in the conduct of a school health and safety network	48
inspection under section 3701.931 of the Revised Code by providing	49
access to the premises for the inspection at any time during the	50
school's operation and by providing any records or other	51
information the board of health considers necessary.	52

(B) The governing authority of each community school for	53
which an inspection report is submitted by the board of health	54
under section 3701.932 of the Revised Code shall develop and	55
submit to the board, in accordance with section 3701.933 of the	56
Revised Code, a plan for abatement of conditions at the school	57
determined to be hazardous to occupants.	58

Sec. 3701.93. As used in sections 3701.931 to 3701.936 of the	59
Revised Code:	60

(A) "Board of health" has the same meaning as in section	61
3717.01 of the Revised Code.	62

(B) "Nonpublic school" means a chartered nonpublic school	63
that meets the minimum education standards prescribed by the state	64
board of education under section 3301.07 of the Revised Code.	65
"Nonpublic school" includes facilities used for child care	66
programs for preschool children operated by the school.	67

(1) A school operated by a school district, educational	69
service center, or board of mental retardation and developmental	70
disabilities, including facilities used for child care programs	71
for preschool children operated by the district, center, or board;	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. 3701.931. 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 3701.936 of the	96
Revised Code.	97

Sec. 3701.932. (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 3701.931	100
of the Revised Code to all of the following:	101

(2) The administrator responsible for facility operations and	103
maintenance on behalf of the school district, educational service	104
center, board of mental retardation and developmental	105
disabilities, or community school controlling the inspected	106
building and grounds;	107

(3) In the case of a school operated by a school district,	108
the superintendent and board of education of that district;	109

(4) In the case of a school operated by an educational	110
service center or board of mental retardation and developmental	111
disabilities, the center or board;	112

(B) Each report shall include recommendations for changes	114
that the board of health determines may be needed to abate	115
conditions that are hazardous to occupants. The report shall	116
include recommendations made pursuant to an inspection conducted	117
under section 3707.26 of the Revised Code.	118

(C) The report is a public record under section 149.43 of the	119
Revised Code.	120

Sec. 3701.933. The board of education of each school	121
district, the governing board of each educational service center,	122
the board of mental retardation and developmental disabilities,	123
the governing authority of each community school, and the chief	124
administrator of each nonpublic school shall submit to the board	125
of health, by a deadline and in a manner established by the	126
director of health, a written plan for abatement of the conditions	127
determined to be hazardous to occupants, as described in the	128
report submitted under section 3701.932 of the Revised Code. The	129
plan shall include a schedule for completion of the abatement.	130

The board of health shall determine compliance with the	131
written plan for abatement. On completion of any plan for	132
abatement, the board of health shall submit a supplemental report	133
to all parties specified in division (A) of section 3701.932 of	134
the Revised Code.	135

The plan submitted under this section is a public record	136
under section 149.43 of the Revised Code.	137

Sec. 3701.934. For purposes of the school health and safety	138
network under sections 3701.93 to 3701.936 of the Revised Code,	139
the director of health shall develop information specifying	140
dangerous conditions and dangerous products, including products	141
recalled by the manufacturer, that may be present in school	142
buildings and associated grounds. In developing that information,	143
the director may use information developed by other sources,	144
including other state and federal agencies. The director shall	145
distribute the information developed under this section on a	146
quarterly basis to boards of health through electronic mail. The	147
information shall also be made available on the department's	148
internet web site.	149

Sec. 3701.935. The director of health shall adopt rules	150
establishing minimum standards and procedures for inspections	151
conducted for purposes of the school health and safety network	152
under sections 3701.93 to 3701.936 of the Revised Code. The rules	153
shall be adopted in accordance with Chapter 119. of the Revised	154
Code and in consultation with the association of Ohio health	155
commissioners, the Ohio environmental health association, the Ohio	156
school boards association, and the Ohio education association.	157
Initial rules shall be adopted not later than eighteen months	158
after the effective date of this section.	159

Sec. 3701.936. Nothing in sections 3701.93 to 3701.935 of	160
the Revised Code shall be construed to diminish the authority of a	161
board of health to issue orders or take other actions under	162
section 3707.03 or 3707.26 of the Revised Code.	163

Sec. 3707.26. ~~Semiannually, and oftener~~(A) Annually, and	164
more often, if in its judgment necessary, the board of health of a	165
city or general health district shall inspect the sanitary	166
condition of all schools and school buildings within its	167
jurisdiction, and may disinfect any school building. During an	168
epidemic or threatened epidemic, or when a dangerous communicable	169
disease is unusually prevalent, or for any other imminent public	170
health threat as determined by the board, the board may close any	171
school and prohibit public gatherings for such time as is	172
necessary.	173

(B) The director of health shall adopt rules establishing	174
minimum standards for inspections conducted under this section.	175
The rules shall be adopted in accordance with Chapter 119. of the	176
Revised Code and in consultation with the association of Ohio	177
health commissioners, the Ohio environmental health association,	178
the Ohio school boards association, and the Ohio education	179
association. Initial rules shall be adopted not later than	180
eighteen months after the effective date of this amendment.	181