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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 |
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. | 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, | 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 |