Sub. H. B. No. 203 As Reported by the Senate Health, Human Services and Aging Committee

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

Senator Clancy

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
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. ~~Semiannually, and oftener~~(A) Annually, and 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, or when a dangerous communicable 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

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
educational service center, or board of mental retardation and	109
developmental disabilities the superintendent of that district,	110
center, or board;	111

(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. ~~Semiannually, and oftener~~(A) Annually, and	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, or when a dangerous communicable	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

(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