|
|
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 |
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 |
educational service center, or board of mental retardation and | 109 |
developmental disabilities the superintendent of that district, | 110 |
center, or board; | 111 |
(4) The auditor of state. | 112 |
(B) Each report shall include recommendations for changes | 113 |
that the board of health determines may be needed to abate | 114 |
conditions that are hazardous to occupants. The report shall | 115 |
include recommendations made pursuant to an inspection conducted | 116 |
under section 3707.26 of the Revised Code. | 117 |
(C) The report is a public record under section 149.43 of the | 118 |
Revised Code. | 119 |
Sec. 3701.933. The board of education of each school | 120 |
district, the governing board of each educational service center, | 121 |
the board of mental retardation and developmental disabilities, | 122 |
the governing authority of each community school, and the chief | 123 |
administrator of each nonpublic school shall submit to the board | 124 |
of health, by a deadline and in a manner established by the | 125 |
director of health, a written plan for abatement of the conditions | 126 |
determined to be hazardous to occupants, as described in the | 127 |
report submitted under section 3701.932 of the Revised Code. The | 128 |
plan shall include a schedule for completion of the abatement. | 129 |
The board of health shall determine compliance with the | 130 |
written plan for abatement. On completion of any plan for | 131 |
abatement, the board of health shall submit a supplemental report | 132 |
to all parties specified in division (A) of section 3701.932 of | 133 |
the Revised Code. | 134 |
The plan submitted under this section is a public record | 135 |
under section 149.43 of the Revised Code. | 136 |
Sec. 3701.934. For purposes of the school health and safety | 137 |
network under sections 3701.93 to 3701.936 of the Revised Code, | 138 |
the director of health shall develop information specifying | 139 |
dangerous conditions and dangerous products, including products | 140 |
recalled by the manufacturer, that may be present in school | 141 |
buildings and associated grounds. In developing that information, | 142 |
the director may use information developed by other sources, | 143 |
including other state and federal agencies. The director shall | 144 |
distribute the information developed under this section on a | 145 |
quarterly basis to boards of health through electronic mail. The | 146 |
information shall also be made available on the department's | 147 |
internet web site. | 148 |
Sec. 3701.935. The director of health shall adopt rules | 149 |
establishing minimum standards and procedures for inspections | 150 |
conducted for purposes of the school health and safety network | 151 |
under sections 3701.93 to 3701.936 of the Revised Code. The rules | 152 |
shall be adopted in accordance with Chapter 119. of the Revised | 153 |
Code and in consultation with the association of Ohio health | 154 |
commissioners, the Ohio environmental health association, the Ohio | 155 |
school boards association, and the Ohio education association. | 156 |
Initial rules shall be adopted not later than eighteen months | 157 |
after the effective date of this section. | 158 |
Sec. 3701.936. Nothing in sections 3701.93 to 3701.935 of | 159 |
the Revised Code shall be construed to diminish the authority of a | 160 |
board of health to issue orders or take other actions under | 161 |
section 3707.03 or 3707.26 of the Revised Code. | 162 |
Sec. 3707.26. | 163 |
more often, if in its judgment necessary, the board of health of a | 164 |
city or general health district shall inspect the sanitary | 165 |
condition of all schools and school buildings within its | 166 |
jurisdiction, and may disinfect any school building. During an | 167 |
epidemic or
threatened epidemic, | 168 |
disease is unusually prevalent, or for any other imminent public | 169 |
health threat as determined by the board, the board may close any | 170 |
school and prohibit public gatherings for such time as is | 171 |
necessary. | 172 |
(B) The director of health shall adopt rules establishing | 173 |
minimum standards for inspections conducted under this section. | 174 |
The rules shall be adopted in accordance with Chapter 119. of the | 175 |
Revised Code and in consultation with the association of Ohio | 176 |
health commissioners, the Ohio environmental health association, | 177 |
the Ohio school boards association, and the Ohio education | 178 |
association. Initial rules shall be adopted not later than | 179 |
eighteen months after the effective date of this amendment. | 180 |
Sec. 4736.01. As used in this chapter: | 181 |
(A) "Environmental health science" means the aspect of public | 182 |
health science that includes, but is not limited to, the following | 183 |
bodies of knowledge: air quality, food quality and protection, | 184 |
hazardous and toxic substances, consumer product safety, housing, | 185 |
institutional health and safety, community noise control, | 186 |
radiation protection, recreational facilities, solid and liquid | 187 |
waste management, vector control, drinking water quality, milk | 188 |
sanitation, and rabies control. | 189 |
(B) "Sanitarian" means a person who performs for compensation | 190 |
educational, investigational, technical, or administrative duties | 191 |
requiring specialized knowledge and skills in the field of | 192 |
environmental health science. | 193 |
(C) "Registered sanitarian" means a person who is registered | 194 |
as a sanitarian in accordance with this chapter. | 195 |
(D) "Sanitarian-in-training" means a person who is registered | 196 |
as a sanitarian-in-training in accordance with this chapter. | 197 |
(E) "Practice of environmental health" means consultation, | 198 |
instruction, investigation, inspection, or evaluation by an | 199 |
employee of a city health district, a general health district, the | 200 |
environmental protection agency, the department of health, or the | 201 |
department of agriculture requiring specialized knowledge, | 202 |
training, and experience in the field of environmental health | 203 |
science, with the primary purpose of improving or conducting | 204 |
administration or enforcement under any of the following: | 205 |
(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or | 206 |
3733. of the Revised Code; | 207 |
(2) Chapter 3734. of the Revised Code as it pertains to solid | 208 |
waste; | 209 |
(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections | 210 |
3707.38 to 3707.99, or section 3715.21 of the Revised Code; | 211 |
(4) Rules adopted under section 3701.34 of the Revised Code | 212 |
pertaining to rabies control or swimming pools; | 213 |
(5) Rules adopted under section 3701.935 of the Revised Code | 214 |
for school health and safety network inspections and rules adopted | 215 |
under section 3707.26 of the Revised Code for sanitary | 216 |
inspections. | 217 |
"Practice of environmental health" does not include sampling, | 218 |
testing, controlling of vectors, reporting of observations, or | 219 |
other duties that do not require application of specialized | 220 |
knowledge and skills in environmental health science performed | 221 |
under the supervision of a registered sanitarian. | 222 |
The state board of sanitarian registration may further define | 223 |
environmental health science in relation to specific functions in | 224 |
the practice of environmental health through rules adopted by the | 225 |
board under Chapter 119. of the Revised Code. | 226 |
Section 2. That existing sections 3707.26 and 4736.01 of the | 227 |
Revised Code are hereby repealed. | 228 |
Section 3. In establishing and operating the School Health | 229 |
and Safety Network under sections 3701.93 to 3701.936 of the | 230 |
Revised Code, the Director of Health and each board of health, as | 231 |
defined in section 3701.93 of the Revised Code, to the greatest | 232 |
extent possible shall use staff positions already within their | 233 |
respective organizations on the effective date of this section. | 234 |