Chapter 3701-54 Minimum Standards for School Inspections

3701-54-01 Definitions.

(A) “Administration” means the board of education of each school district, governing board of each educational service center, the administration of each nonpublic school and the governing authority of each community school.

(B) “Administrator” means the school principal, chief administrator or governing authority of a school building.

(C) “Board of health” means the board of health of a city, general health district, combined health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code.

(D) “Director” means the director of the Ohio department of health and includes any authorized representative of the director.

(E) “Entanglement” means a condition in which the user’s clothes or something around the user’s neck becomes caught or entwined on a component of playground equipment.

(F) “Entrapment” means any condition which impedes the withdrawal of a body or body part that has penetrated an opening.

(G) “Use zone” means the area beneath and immediately adjacent to a play structure or equipment that is designated for unrestricted circulation around the equipment and where it is predicted that a user would land when falling from or exiting the equipment.

(H) “Gym equipment” means equipment and loose furnishings used for physical education instruction.

(I) “Local exhaust system” means an industrial ventilation system designed to capture and remove airborne contaminants at the source of emission, thereby minimizing contaminant entry into the workplace ambient air.

(J) “Material Safety Data Sheet” means an informational sheet provided from the manufacturer of chemicals or products containing chemicals. All material safety data sheets shall contain the following information:

(1) Chemical name and composition;

(2) Manufacturer and distributor name and address;

(3) Chemical and physical properties;

(4) Health/flammability/chemical reactivity hazard ratings;

(5) First-aid measures;

(6) Fire fighting measures;

(7) Accidental release/spill measures;

(8) Proper handling and storage procedures;

(9) Exposure limits;

(10) Toxicological information;

(11) Personal protective equipment; and

(12) Disposal considerations.

(K) “Nonpublic school” means a chartered nonpublic school that meets the minimum education standards prescribed by the state board of education under section 3301.07 of the Revised Code. “Nonpublic school” includes facilities used for child care programs for preschool children operated by the school.

(L) “Personal Protective Equipment” means clothing or devices worn to help isolate a person from direct exposure to a hazardous material or situation. This can include protective clothing, respiratory, eye and hearing protection and gloves.

(M) “Public school” means either of the following:

(1) A school operated by a school district, educational service center, or board of mental retardation and developmental disabilities, including facilities used for child care programs for preschool children operated by the district, center, or board; or

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

(N) “Sanitarian” means a person who performs for compensation educational, investigational, technical or administrative duties requiring specialized knowledge and skills in the field of environmental health science and is registered with the state of Ohio as a sanitarian or sanitarian-in-training.

(O) “School” means either a nonpublic school or public school as defined in this rule. School also means all buildings operated by the school and located on the school grounds. School does not mean any of the following:

(1) A child care program for preschool children that is licensed by the department of job and family services pursuant to Chapter 5104. of the Revised Code;

(2) A child care program for preschool children that is not operated by a public or nonpublic school; or

(3) A chartered kindergarten that is associated with a freestanding preschool and that is not operated by a school district, educational service center, or county board of mental retardation and developmental disabilities.

(P) “School inspection” means any environmental health, safety or sanitary inspection of a school building and associated grounds performed by a sanitarian employed by a board of health.

(Q) “Tempered water” means water having a temperature range between eighty-five degrees to one hundred ten degrees Fahrenheit.

Effective: 09/27/2007

R.C. 119.032 review dates: 09/27/2012

Promulgated Under: 119.03

Statutory Authority: 3701.935

Rule Amplifies: 3701.931, 3701.935

3701-54-02 Purpose, scope and authority.

(A) The purpose of the school inspection rules is to provide minimum standards and procedures for inspection of schools to identify conditions within the school building and grounds that may be injurious to the safety or health of building occupants. The rules shall establish a consistent application of inspection standards and procedures throughout the state.

(B) The scope of the rules for school inspections shall include inspection of all areas of school buildings and associated grounds. The inspection shall include a review of documentation that the school has inspected for dangerous products and conditions, including recalled products, identified by the board of health using the list supplied by the director.

(C) Division (B) of section 3707.26 and section 3701.935 of the Revised Code authorize the director to adopt rules establishing minimum standards for inspections.

The authority to conduct inspections in accordance with these rules is granted under section 3707.26 of the Revised Code which states “the board of health of a city or general health district shall conduct sanitary inspections of all schools and school buildings within their jurisdiction on an annual basis, or more often if in its judgment it is necessary” and under section 3701.931 of the Revised Code which states “each board of health, in addition to or in concert with inspections conducted under section 3707.03 or 3707.26 of the Revised Code, shall inspect each public and nonpublic school building and associated grounds within its jurisdiction at least once each year to identify conditions dangerous to public health and safety present in or on the building or grounds.” Pursuant to section 3701.931 of the Revised Code, these rules expand the sanitary inspection to include safety and environmental health inspections. Inspections conducted pursuant to those rules constitute the practice of environmental health for registered sanitarians as set forth in section 4736.01 of the Revised Code.

Effective: 09/27/2007

R.C. 119.032 review dates: 09/27/2012

Promulgated Under: 119.03

Statutory Authority: 3701.935

Rule Amplifies: 3701.931, 3701.935

3701-54-03 Responsibilities of the director of health.

(A) The director shall develop forms, templates and checklists necessary for the inspection of school buildings, by local boards of health, to identify conditions dangerous to public health and safety in accordance with these rules. The director may develop guidance documents to assist local boards of health in conducting their inspections.

(B) The director, with the cooperation of each board of health, shall coordinate inspections, in a manner determined appropriate by the director, to avoid duplication of authority over a school by multiple boards of health and to ensure that each school is inspected in accordance with sections 3701.93 to 3701.936 of the Revised Code.

(C) Beginning no later than sixty days following the adoption of these rules, the director shall develop information specifying dangerous conditions and dangerous products, including products recalled by the manufacturer that may be present in school buildings and associated grounds, on a quarterly basis and in the following manner:

(1) In developing the list of dangerous and recalled products, the director may use information developed by other sources, including other state and federal agencies. Such information shall exclude food recalls;

(2) The director, in conjunction with two representatives from boards of health and two representatives from schools or school organizations that have been designated by the director, shall specify items that may be present in school buildings;

(3) The director shall forward the list of items to an electronic mail address specified by each board of health; and

(4) The director shall post this list of items on the Ohio department of health website.

Effective: 09/27/2007

R.C. 119.032 review dates: 09/27/2012

Promulgated Under: 119.03

Statutory Authority: 3701.935

Rule Amplifies: 3701.931, 3701.935

3701-54-04 Responsibilities of boards of health.

(A) Each board of health shall conduct school inspections in accordance with this chapter of the Administrative Code and in accordance with the following:

(1) The inspection shall be conducted during regular school hours;

(2) Inspections shall occur not less than once per school year with a maximum time between inspections of fifteen months;

(3) The board of health shall notify the building principal, chief administrator, or governing authority at least one week prior to the inspection if requesting a representative to accompany the sanitarian during the inspection; and

(B) Each board of health shall send a copy of the school inspection report within thirty days to the following individuals at the addresses identified by the school or school district:

(1) The principal, chief administrator or governing authority of the building;

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

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

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

(5) The auditor of state.

(C) Each board of health shall conduct inspections using forms, templates, and checklists developed by the director or other forms approved by the director.

(D) Each board of health shall determine compliance with the written plan for abatement submitted by the administration of each school. On completion of abatement, as outlined in the plan, the board of health shall submit a supplemental report to all persons specified in paragraph (B) of this rule.

(E) Each board of health shall distribute information received from the director on a quarterly basis to the schools in its jurisdiction that specifies dangerous conditions and dangerous products, including products recalled by the manufacturer, which may be present in school buildings and associated grounds. Such information shall be supplied by the director to an electronic mail address specified by the board of health. The board of health shall notify the director within one week of any change to the specified electronic mail address.

(F) Each board of health shall determine compliance with paragraph (C) of rule 3701-54-05 of the Administrative Code during each inspection.

Effective: 09/27/2007

R.C. 119.032 review dates: 09/27/2012

Promulgated Under: 119.03

Statutory Authority: 3701.935

Rule Amplifies: 3701.931, 3701.935

3701-54-05 Responsibilities of the principal, chief administrator or governing authority of each school.

(A) Each school principal, chief administrator or governing authority shall cooperate with the board of health that has jurisdiction over the school in the conduct of school inspections by providing the following:

(1) Access to the building and grounds for the inspection at any time during the school’s operation and during regular school hours;

(2) Record of inspections of the school grounds and buildings for dangerous and recalled products that have been identified by the local board of health;

(3) Any records or other information the board of health considers necessary to evaluate the health and safety of the school; and

(4) A representative of the school building or district shall accompany the sanitarian during the course of the inspection, with advance notice from the board of health and upon request of the sanitarian.

(B) The administration of each school for which an inspection report is submitted by the board of health shall develop and submit to the board of health, a written plan for abatement of conditions identified by the inspection report.

(1) The plan of abatement shall be submitted to the board of health, in writing, within sixty days of receipt of the inspection report. The board of health may grant an extension for a period not to exceed thirty days.

(2) The administrator of each school building shall provide written notification to the board of health when abatement, as outlined in the plan of abatement, has been completed.

(C) The administrator of each school building shall appoint a school representative to inspect the school building, on at least a quarterly basis, for dangerous products and conditions listed on a transmittal form supplied by the board of health. The representative shall take appropriate action if a dangerous product or condition is found. If items on the transmittal form are found within the school building, their presence and the action(s) that will be or have been taken to remove or remediate the hazard, shall be documented on the transmittal form. The school shall document compliance with this rule by retaining completed transmittal forms in a central location for verification by inspectors from the board of health. The administrator of each school building shall be responsible for informing the board of health of the method by which they choose to receive quarterly transmittal form. The board of health shall transmit to the school, by this method, on a quarterly basis, a list of dangerous products or conditions that might be present in school buildings and associated grounds.

(1) The administrator of each school building shall be responsible for assuring completion of the transmittal form. All items listed on the quarterly transmittal form of dangerous conditions and products, found on school grounds or within the building, shall be abated, or controlled, immediately and within a period not to exceed thirty days of receipt of the transmittal form. If abatement is not immediately possible the hazard shall be sufficiently controlled to reduce the risk of illness or injury; and

(2) Copies of the transmittal forms that have been received or completed since the last inspection shall be provided to the sanitarian at the time of each inspection.

(D) For the purpose of receiving copies of the inspection report, the administrator of each school building shall provide to the sanitarian, at or before the time of inspection, a list of contact names and addresses for the following:

(1) The school principal, chief administrator or governing authority of the building;

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

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

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

Effective: 09/27/2007

R.C. 119.032 review dates: 09/27/2012

Promulgated Under: 119.03

Statutory Authority: 3701.935

Rule Amplifies: 3701.931, 3701.935

3701-54-06 School grounds and building exterior inspections.

(A) School grounds and building exterior inspections shall include the following areas:

(1) School grounds and building exterior:

(a) All buildings shall be in general good repair;

(b) Schools shall abide by the engine idling time policies developed in accordance with paragraph (O) of rule 3301-83-20 of the Administrative Code. In determining loading and unloading areas, schools shall consider proximity to air intakes, building entrances and exits;

(c) Vehicles or gas-powered equipment, with the exception of vehicles used by the school for student transportation, shall not idle near outside air intakes, building entrances or exits or where students are loading and unloading;

(d) Vehicle use areas, including bus loading and unloading areas, and pedestrian walkways shall be clearly marked;

(e) No trip hazards shall be present and grounds shall be maintained in a clean, orderly and sanitary condition with no litter;

(f) There shall be no evidence of standing water or drainage problems on the grounds adjacent to the building that may contribute to water intrusion into the building or to mosquito breeding;

(g) There shall be no evidence on the building of water damage or of conditions that may cause water intrusion into the building;

(h) There shall be no contaminant sources near outside air intakes and air intakes shall be protected by screens, louvers or other filtering devices;

(i) Gutters, downspouts, scuppers and storm drains shall be properly connected and shall show no signs of obstruction;

(j) Walls and windows shall be intact with no signs of cracking, blistering or peeling paint or signs of condensation or water intrusion, including but not limited to, suspected mold;

(k) There shall be no paint, roofing materials or other sealants or coatings applied during occupied periods without the use of exposure control methods;

(l) The roof of a school shall be inspected by a qualified individual once a year, following severe weather, as determined by the school, and when otherwise deemed necessary. Severe weather means any weather event that could damage the roof or lead to water intrusion including, but not limited to, damaging wind, hail, lightning, ice damming or heavy rain. Qualified individual, as used in this paragraph, means an individual familiar with the design, installation and maintenance of roofing systems. If the heating, ventilating and air conditioning system is located on the roof, the qualified individual must also be familiar with the operation and maintenance of the heating, ventilating and air conditioning system or this system must be inspected by a differently qualified individual. The school shall have documentation for the sanitarian at the time of the inspection that includes the following:

(i) A current drawing of the roof that indicates the location of all roof top items of interest including:

(a) Heating, ventilation and air conditioning unit(s);

(b) Exhaust vents notated with type and height of stack; and

(c) Roof drains.

(ii) A copy of the “Ohio Department of Health Roof Inspection Form” for each inspection conducted since the last inspection by the board of health.

(2) Playgrounds:

(a) Students shall not be allowed to use the playground during school hours without staff supervision;

(b) All playground equipment shall be in good repair;

(c) Surfacing in the use zones of playground equipment, specified in this rule, shall be maintained according to the chart below:

Maximum height (in feet) of equipment or of highest play surface based on minimum amount (in inches) of surfacing material present

See Chart at http://www.registerofohio.state.oh.us/pdfs/3701/0/54/3701-54-06_PH_FF_N_RU_20070917_1004.pdf

(d) Use zones around slides, swings and stationary equipment shall be free of obstructions and shall be of the following dimensions:

(i) Slides – at the base of the slide, height of platform plus four feet (not required to exceed fourteen feet) and a six foot radius from all other parts of the slide;

(ii) Swings – twice the height of the swings (from the surfacing material to the pivot point of the swing) in front and back and a six foot radius from the sides of the swing structure; and

(iii) Stationary equipment – six feet in all directions.

(e) Equipment shall not have any openings between three and one half inches and nine inches in size;

(f) Equipment components shall not have any protruding bolts or separations that could cause the entanglement of a portion or portions of the body, clothing, jewelry, or other items that may result in the strangulation or dismemberment of the user.

The school shall make available to the sanitarian, at the time of inspection, any and all reports from inspections done of the playground;

(3) Solid waste disposal areas:

(a) Trash, recycling and compactor containers shall be in good repair;

(b) Trash, recycling and compactor containers and surrounding areas shall be clean and located away from outdoor air intakes;

(c) Trash and recycling containers shall be equipped with lids and the lids shall cover the containers when not in use;

(d) Trash compactors shall have enclosed hoppers with safety interlocks and have key operation; and

(e) Trash, recycling, and compactor containers shall show no evidence of attracting pests.

(4) Outdoor athletic facilities:

(a) The school shall have all bleachers, folding and telescopic seating, and grandstands inspected at least once annually by a qualified person. Qualified person as used in this paragraph means an individual familiar with the design, installation, operation and maintenance of folding and telescopic bleachers and grandstands. Documentation of annual inspection shall be available to the sanitarian at the time of the school inspection;

(b) There shall be no areas of standing water; and

(c) Athletic equipment shall be stored properly to prevent water collection and discourage rodent harborage.

Effective: 09/27/2007

R.C. 119.032 review dates: 09/27/2012

Promulgated Under: 119.03

Statutory Authority: 3701.935

Rule Amplifies: 3701.931, 3701.935

3701-54-07 School indoor environments inspections.

(A) All school indoor environments inspections shall include the following:

(1) There shall be a five-step or fifteen foot walk off mat at all entry points into the building. If the area cannot accommodate a fifteen foot mat, the mat should be as long as the area will accommodate;

(2) Doors shall be properly installed and maintained to fit tightly in their frame. Exterior doors shall have no cracks, gaps, or other visible openings that would all the entry of insects or other pests into the building;

(3) Indoor environments shall be sanitary with no signs of moisture, water damage or water intrusion, including but not limited to suspected mold, on any interior surface;

(4) There shall be no evidence of pests or obvious food sources for pests;

(5) Furniture and toys shall be cleanable, clean and in good repair;

(6) There shall be no excessive accumulation of chalk or marker dust and markers shall be low or no volatile organic compound emitting;

(7) Portable banquet tables, cafeteria tables and other portable furniture items, when not in a position intended for use, shall be stored in a manner that is inaccessible to students or shall be secured to the wall or floor to prevent injuries from tipping. Heavy furniture items shall be moved only by authorized personnel;

(8) Televisions and heavy equipment that may pose a hazard by tipping or falling shall be securely anchored to a cart, wall or floor and shall be moved only by authorized personnel;

(9) Free standing or mobile shelving shall not pose a tip-over hazard and shall be moved only by authorized personnel;

(10) Chemicals and cleaning products used in the classrooms shall be inaccessible to all students with the exception of chemicals used during classroom instruction. Material safety data sheets shall be available for chemicals or cleaning products not provided by the school;

(11) Walls shall have paint and plaster intact with no visible bowing or evidence of cracks or damage;

(12) Floors:

(a) Floors shall be sanitary and dry with no tripping hazards;

(b) Carpeting and vinyl cushion tufted textile shall be sanitary, dry and secure to the floor and not installed in vestibules and corridors within fifteen feet of all building entrances or in areas prone to moisture accumulation or proximate to moisture sources, including but not limited to locker rooms, restrooms, and spaces adjacent to sinks; and

(c) Area rugs shall be sanitary and in good repair.

(13) Ceilings shall be present, intact and sanitary with no water damage, stains, suspected mold or chipping or peeling paint;

(14) Window panes and frames shall be clean, intact and properly caulked and glazed;

(15) Heating, ventilation and air conditioning systems shall:

(a) Have the thermostatic controls set to operate the fan continuously during occupied periods;

(b) Not have any excessive noise, vibration or odor from any system component;

(c) Not have any suspected mold or other debris on any system component;

(d) Have air filtration media in central air handling units and unit ventilators with a “Minimum Efficiency Rating Value” (MERV) of seven or greater;

(e) Have unobstructed air supply grills or outlets and air return grills or inlets with no rigged baffles, deflectors or barriers affixed; and

(f) Provide adequate ventilation to prevent reasonable health complaints and to remove or dilute contaminants within the capacity of the system.

(16) School environmental health and safety inspections may include assessment of temperature and relative humidity which should be kept, within the capacity of the heating, ventilating and air conditioning system installed in the building, in accordance with appendix A to this rule;

(17) Animal(s) in the building shall be managed in the following ways:

(a) There shall be no excessive accumulation of animal waste in animal containers or cages;

(b) Animal containers or cages shall be equipped with properly fitting lids;

(c) Hand washing facilities shall be available and immediately used when animals are handled;

(d) Animals shall not be permitted to roam in the school building, except for therapy animals or animals that are used for assistance;

(e) Animals shall not be permitted on surfaces where food or drink is prepared or consumed;

(f) The following types of animals shall not be permitted:

(i) Nonhuman primates;

(ii) Rabies vector species, including racoons, bats, skunks, coyotes, or fox;

(iii) Wolves or wolf-dog hybrids;

(iv) Aggressive or unpredictable animals;

(v) Stray animals with unknown health and vaccination history;

(vi) Venomous or toxin-producing spiders, insects, reptiles, and amphibians;

(vii) Dogs, cats and ferrets under sixteen weeks of age; and

(viii) Dogs, cats and ferrets that are not current on rabies vaccinations.

(g) In addition to the animals listed in paragraph (A)(18)(f) of this rule, the following animals are not permitted in classrooms with children under five years of age:

(i) Ferrets;

(ii) Reptiles and amphibians; and

(iii) Chicks, ducklings and hatching eggs.

(h) All animal feed shall be in tightly sealed and labeled containers and separate from human food.

(18) Plumbing fixtures:

(a) All plumbing fixtures shall be in good repair;

(b) Drinking fountain streams shall crest a minimum of one inch above the mouth guard of the fountain;

(c) Schools shall have and implement a flushing protocol where lead pipes or lead-lined storage wells may be in use; and

(d) All sinks shall be maintained in accordance with paragraphs (F)(1) to (F)(5) of rule 3701-54-09 of the Administrative Code.

(19) Diapering facilities, if existing or upon installation:

(a) Hand washing facilities shall be available in rooms where restroom assistance is provided;

(b) Diapering facilities shall be sanitary and in good condition. Elevated diapering facilities shall be properly guarded to prevent falls.

(20) Lighting shall be provided at the proper level of foot-candles, as found in Appendix B of this rule, in all areas of the school building and shall be equipped with guarding when appropriate;

(21) There shall be no excessive noise in the school building so as to create hearing hazards or disrupt classroom instruction;

(22) Box and stand fans shall be properly guarded, clean and equipped with electrical cords that are maintained in good repair. Ceiling fans shall be clean and in good repair; and

(23) Stand alone laser pointers shall not be permitted on school grounds or in school buildings.

(B) Hallways and stairwells:

(1) There shall be no storage of furniture or other items in the hallway or stairwells that may impede egress from the building; and

(2) Stair treads and handrails shall be secure and in good repair.

Appendix A. Acceptable Temperature and Humidity Zone

See Figure at http://www.registerofohio.state.oh.us/pdfs/3701/0/54/3701-54-07_PH_FF_N_APP1_20070917_1004.pdf

Appendix B. Lighting Levels

See Table at htp://www.registerofohio.state.oh.us/pdfs/3701/0/54/3701-54-07_PH_FF_N_APP2_20070917_1004.pdf

Effective: 09/27/2007

R.C. 119.032 review dates: 09/27/2012

Promulgated Under: 119.03

Statutory Authority: 3701.935

Rule Amplifies: 3701.931, 3701.935

3701-54-08 Specialty classroom inspections.

(A) Inspection of science classrooms shall include the following:

(1) All doors to the science classroom shall be locked when the classroom is not occupied;

(2) Staff shall be present while the room is occupied;

(3) Master gas shutoff valve shall be clearly labeled, easily accessible in the classroom and immediately operable by staff;

(4) Food and drinks shall be prohibited in the classroom, storage room and other areas where chemicals are used or stored;

(5) There shall be no elemental mercury or thermometers, barometers or other portable devices containing elemental mercury in the classroom or storage room;

(6) There shall be no excessive accumulation of dust or sediment on any surfaces;

(7) Personal protective equipment shall be in good repair and available for use when appropriate according to the safety plan;

(8) Fume hoods shall be in use when hazardous airborne contaminants are generated as part of classroom activities. Fume hoods shall be properly maintained in accordance with manufacturer’s instructions and inspected annually. Documentation of all maintenance and inspections shall be readily available upon inspection;

(9) There shall be no use of asbestos containing materials;

(10) Hand washing facilities shall be available in the classroom and shall be supplied as required in paragraphs (F)(1) to (F)(5) of rule 3701-54-09 of the Administrative Code. Laboratory sinks may fulfill this requirement, if properly supplied;

(11) Hazard communication shall be in accordance with the following:

(a) All containers of chemicals used in the classroom shall be properly labeled, with the exception of containers used during an immediate classroom period; and

(b) Material safety data sheets shall be accessible to staff for all classroom chemicals.

(12) Chemical storage shall be in accordance with the following:

(a) Chemical storage rooms and chemical storage cabinets shall be inaccessible to students or locked while not in use;

(b) A comprehensive chemical inventory list and disposal log shall be present and immediately accessible to staff;

(c) Chemicals shall be stored according to chemically compatible families and shall be properly labeled;

(d) Acids and bases shall be stored in separate, dedicated cabinets;

(e) Nitric acid shall be stored separately from all other acids;

(f) All flammable or combustible and corrosive liquids shall be stored separately, in approved cabinets and properly labeled;

(g) Shelves or shelving units for chemical storage shall be in good repair, adequately supported, have anti-roll lips and shall be secured to the wall or floor;

(h) Chemical storage rooms may be vented with a mechanical exhaust system. If an exhaust system is present, it shall operate continuously;

(i) No chemicals from appendix A to this rule shall be used or stored in the classroom;

(j) Chemicals shall not be stored in fume hoods, on floors or above user’s line of sight;

(k) Refrigerators used for chemical storage or specimen storage should be marked with a UL label which states the model is listed as a laboratory refrigerator; and

(l) Food and drinks shall not be stored in refrigerators storing chemicals or specimens.

(13) Emergency showers and eyewash stations shall be operational, unobstructed and located within ten seconds of all workstations. Eyewash stations shall have at least fifteen minutes of continuous water flow with adequate pressure and shall be capable of flushing both eyes simultaneously. Documentation that emergency showers and eyewash stations have been tested monthly shall be available upon inspection;

(14) First aid and chemical spill kits shall be appropriately supplied and immediately accessible to staff.

(15) Schools that dispose of chemicals shall have an acid neutralization tank installed on the premises. The acid neutralization tank shall be inspected once yearly by a qualified individual, familiar with the design and maintenance of such systems, to determine performance of the system and to assure chemicals do not enter the sanitary sewer system without treatment. A schematic or drawing showing the location of the tank shall be maintained in each school building and shall be readily available to the sanitarian upon inspection as well as documentation of the yearly inspection.

(B) Inspection of the visual arts classrooms shall include the following:

(1) All doors to the classroom shall be locked when the classroom is not occupied;

(2) Staff supervision shall be present while the room is occupied;

(3) If gas is used in the classroom, the master gas shutoff valve shall be clearly labeled and easily accessible in the classroom and immediately operable by staff;

(4) Food and drinks shall be prohibited in the classroom;

(5) There shall be no use or storage of the following items:

(a) Dry or powdered pigments or dry or powdered clays;

(b) Highly toxic pigments or paints;

(c) Materials containing heavy metals;

(d) Highly toxic solvents;

(e) Solvent based inks or markers that are not “Art and Creative Materials Institute” (ACMI) approved; and

(f) Asbestos containing materials.

(6) Solvents shall not be used in elementary classrooms unless an AP label from ACMI is present. Solvents used in secondary education classrooms shall be covered or capped during instructional or activity periods and when not in use and shall be properly labeled;

(7) There shall be no excessive accumulation of dust or sediment on any surfaces;

(8) Personal protective equipment shall be in good repair and available for use when appropriate according to the safety plan;

(9) Aerosol sprays shall be used under local exhaust systems, while using the appropriate personal protective equipment and under staff supervision;

(10) Local exhaust systems shall be in use when hazardous airborne contaminants are generated as part of classroom activities. Local exhaust systems shall be properly maintained in accordance with manufacturer’s instructions and inspected annually. Documentation of all maintenance and inspections shall be readily available upon inspection;

(11) Kilns shall have local exhaust systems and shall be used under staff supervision;

(12) Hand washing facilities shall be in the classroom and shall be supplied as required in paragraphs (F)(1) to (F)(5) of rule 3701-54-09 of the Administrative Code. For elementary education classrooms, hand washing facilities may be located in close proximity to the classroom;

(13) Hazard communication shall be in accordance with paragraph (A)(11) of this rule;

(14) Chemicals shall be stored in accordance with paragraph (A)(12) of this rule;

(15) Eyewash stations shall be operational, unobstructed and located within ten seconds of all work stations. Eyewash stations shall have at least fifteen minutes of continuous water flow with adequate pressure and be capable of flushing both eyes simultaneously. Documentation that eyewash stations have been tested monthly shall be available upon inspection. Elementary school art classrooms, where there is art instruction for only elementary school students, are exempt from the requirement for an eyewash station; and

(16) First aid and chemical spill kits shall be appropriately supplied and immediately accessible to staff.

(C) Inspection of the industrial arts classrooms shall include the following:

(1) All doors to the industrial arts classroom shall be locked when the classroom is not occupied;

(2) Staff supervision shall be present while the room is occupied;

(3) Master gas shutoff valve and master electrical shutoff switch shall be clearly labeled, easily accessible in the classroom and immediately operable by staff;

(4) Aisles shall be unobstructed;

(5) There shall be no trip, fall or tipping hazards;

(6) Food and drinks shall be prohibited in the classroom;

(7) There shall be no use or storage of the following items:

(a) Dry or powdered pigments or dry or powdered clays;

(b) Highly toxic pigments or paints;

(c) Materials containing heavy metals;

(d) Highly toxic solvents;

(e) Solvent based inks or markers that are not ACMI approved;

(f) Asbestos containing materials; and

(g) Western red cedar woods.

(8) Solvents shall be labeled appropriately and used according to labeling;

(9) There shall be no excessive accumulation of dust, wood dust or sediment on any surfaces;

(10) Compressed air shall not be used for cleaning purposes;

(11) Personal protective equipment shall be in good repair and available for use when appropriate according to the safety plan;

(12) Aerosol sprays shall be used under local exhaust systems, while using the appropriate personal protective equipment and under staff supervision;

(13) Local exhaust systems shall be in use when hazardous airborne contaminants are generated as part of classroom activities. Local exhaust systems shall be maintained as required in paragraph (B)(10) of this rule;

(14) Welding shields or screens shall be present, in good repair and available for use during welding;

(15) A written safety plan shall be available;

(16) Equipment shall be maintained according to the following methods:

(a) Equipment shall be in general good repair;

(b) Guards on blades, belts or other devices shall be operational, secure and in place when equipment is in use;

(c) Control switches, including emergency shut off switches, shall be accessible to any person in the classroom;

(d) Equipment placement shall not impede egress from the classroom;

(e) Equipment that poses a tipping hazard shall be securely anchored;

(f) All electrical cords, including extension cords, shall be in good condition with no damage or fraying; and

(g) There shall be no use of ungrounded extension cords or use of extension cords for permanent equipment.

(17) Hazard communication shall be in accordance with paragraph (A)(11) of this rule;

(18) Chemicals shall be stored in accordance with paragraph (A)(12) of this rule;

(19) First aid and chemical spill kits shall be appropriately supplied and immediately accessible to staff;

(20) Electrical switches and electrical outlets shall be in good repair;

(21) Emergency showers and eyewash stations shall be operational, unobstructed and located within ten seconds of all workstations. Eyewash stations shall have at least fifteen minutes of continuous water flow with adequate pressure and shall be capable of flushing both eyes simultaneously. Documentation that emergency showers and eyewash stations have been tested monthly shall be available upon inspection; and

(22) Hand washing facilities shall be in the classroom and shall be supplied as required in paragraphs (F)(1) to (F)(5) of rule 3701-54-09 of the Administrative Code.

(D) Inspection of the stage and set construction areas shall include the following:

(1) Designated stage and set construction areas shall comply with paragraphs (B) and (C) of this rule.

(E) Inspection of the music rooms shall include the following:

(1) Mouthpieces for shared instruments shall not be used by more than one student.

(F) Inspection of the family and consumer science rooms shall include the following:

(1) First aid kits shall be accessible to staff in the event of an emergency;

(2) There shall be no mercury-containing thermometers in use;

(3) All food products shall be stored off the floor and in sealed containers and there shall be no evidence of pests;

(4) All appliances shall be clean and in good repair, and a non-mercury containing thermometer shall be used to accurately reflect the temperature of the refrigerator. The refrigerator shall maintain food product temperature at an internal temperature of forty-one degrees Fahrenheit or below; and

(5) Sinks shall be maintained as required in paragraphs (F)(1) to (F)(5) of rule 3701-54-09 of the Administrative Code.

Effective: 09/27/2007

R.C. 119.032 review dates: 09/27/2012

Promulgated Under: 119.03

Statutory Authority: 3701.935

Rule Amplifies: 3701.931, 3701.935

3701-54-09 Administrative and Non-classroom inspection areas.

(A) Inspection of the auditoriums and student dining areas shall include the following:

(1) All risers, platforms, and guardrails shall be in good repair and shall be structurally intact;

(2) The edge of the stage shall be clearly marked or elevated;

(3) Stage curtains shall be in good repair, clean and fire resistant;

(4) Portable cafeteria tables, banquet tables and other portable furniture shall be stored according to paragraph (A)(7) of rule 3701-54-07 of the Administrative Code;

(5) The cafeteria tables shall be cleaned and sanitized between each use; and

(6) Floors shall be cleaned after spills and after periods when food is served.

(B) Inspection of the library/media centers shall include the following:

(1) There shall be no accumulation of dust, suspected mold or other material on books or shelves;

(2) Televisions and heavy equipment that may pose a hazard by tipping or falling shall be securely anchored to a cart, wall or floor and shall be moved only by authorized personnel; and

(3) Shelving shall be secured according to paragraph (A)(9) of rule 3701-54-07 of the Administrative Code.

(C) Inspections of the indoor athletic facilities shall include the following:

(1) All gym equipment and associated loose furnishings shall be safe, sanitary and in good repair;

(2) Cleaning supplies shall be readily available for use under staff supervision;

(3) Appropriate protective matting shall be provided; and

(4) The school shall have all bleachers, folding and telescopic seating, and grandstands inspected at least once annually by a qualified person. Qualified person as used in this paragraph means an individual familiar with the design, installation, operation and maintenance of folding and telescopic bleachers and grandstands. Documentation of annual inspections shall be available to the sanitarian at the time of the school inspection; and

(5) Indoor aquatic facilities shall be in compliance with the requirements in Chapter 3701-31 of the Administrative Code.

(D) Inspection of locker rooms shall include the following:

(1) Hot and cold running water shall be supplied to all faucets and showers that are operational;

(2) Restroom facilities shall comply with the requirements for restrooms in paragraph (F) of this rule;

(3) There shall be no evidence of sustained water condensation, water damage, or water intrusion, including but not limited to suspected mold, on any surface;

(4) Operational showers shall not be used for storage; and

(5) Operational showers used by students shall have non-slip mats or non-slip surfacing in the vicinity of showers where wet floors may pose a slip hazard.

(E) Inspection of training or weight lifting rooms shall include the following:

(1) Weightlifting equipment and benches shall be sanitary and in good repair;

(2) Therapeutic whirlpools shall be sanitary, in good repair and the area shall be equipped with an operable exhaust fan; and

(3) Cleaning supplies shall be readily available for use under staff supervision.

(F) Inspection of restrooms shall include the following:

(1) All plumbing fixtures shall be sanitary, operable, properly supplied and in good repair;

(2) Sinks supplied by automatic or low-flow fixtures shall provide a continuous flow of water for at least ten seconds;

(3) Hand washing sinks shall be provided with hand cleaning liquid, powder, or bar soap and individual, disposable towels, continuous towel system that supplies the user with a clean towel or a heated-air hand drying device;

(4) Tempered water shall be available at all sinks;

(5) Hand-washing posters shall be posted and visible from all sinks;

(6) Toilet tissue shall be available at each toilet;

(7) Floors shall be clean and dry;

(8) Adequate waste receptacles shall be conveniently located;

(9) Exhaust fans shall be operable and continually operating while the building is occupied; and

(10) Diapering facilities shall be sanitary and in good condition. Elevated diapering facilities shall be properly guarded to prevent falls.

(G) Inspection of custodial closets shall include the following:

(1) The custodial closet shall be inaccessible to unauthorized individuals;

(2) Existing exhaust fans shall be operated continuously;

(3) All sinks shall be equipped with backflow prevention devices;

(4) All containers of chemicals shall be properly labeled; and

(5) Material safety data sheets (MSDSs) shall be readily accessible to staff for all hazardous chemicals used or stored in the custodial closet.

(H) Inspection of mechanical rooms shall include the following:

(1) All doors to the mechanical room shall be locked;

(2) Annual boiler inspection certificate shall be on file and available for inspection by the sanitarian;

(3) All flammable or combustible liquids shall be stored in an approved flammable storage cabinet;

(4) Floors shall be free of slip, trip and fall hazards; and

(5) There shall be no storage of items that inhibit or restrict routine maintenance or cleaning.

(I) Inspection of attics, mezzanines, basements and crawl spaces shall include the following:

(1) There shall be no evidence of roof or plumbing leaks or other sources of water on any surface in the attic, mezzanine, basement or crawl space; and

(2) There shall be no animal or insect nests, waste or debris present in the attic, mezzanine, basement or crawl space.

(J) Inspection of water and waste water treatment systems shall include the following:

(1) If a school or school district owns, operates or manages the drinking water or waste water systems for a school building, the school or school district shall be in compliance with any applicable regulations of the Ohio environmental protection agency and the Ohio department of health and shall provide documentation of compliance to the sanitarian upon inspection.

(K) Inspection of the healthcare area shall include the following:

(1) The areas used for student healthcare shall have:

(a) A toilet and sink adjacent to the area and not used by the general student population;

(b) A cot and mattress with waterproof cover;

(c) Access to a telephone; and

(d) Locked storage for medications as required by section 3313.713 of the Revised Code, except when other law allows for the carrying and self administration of medication by the student.

(2) The areas used for student healthcare shall have the following equipment and durable supplies:

(a) A current first aid reference document;

(b) A sharps container when sharps disposal is necessary; and

(c) A non mercury containing thermometer. When sphygmomanometers are present they shall be non mercury containing.

(L) Inspection of the administrative areas shall include the following:

(1) All appliances used in a break room shall be clean and in good repair; and

(2) All food in break rooms shall be properly stored to limit attraction of pests. Refrigerators in break rooms shall not be used for storage of chemicals or specimens.

(M) School rules and protocols: Each school building administrator shall have available upon inspection, administrative rules or protocols regarding the following topics:

(1) Dangerous or recalled products in accordance with paragraph (C) of rule 3701-54-05 of the Administrative Code;

(2) Radon testing. The school shall have a radon rule or protocol and evidence that the school has been built radon resistant or has been tested for radon within the past five years;

(3) Asbestos. The schools shall have an asbestos management plan which includes evidence of inspection for asbestos within three years, evidence of periodic surveillance within the past six months and a copy of the yearly written notice to the public referencing asbestos inspection and the availability of the asbestos management plan for review;

(4) School-wide safety or crisis management plan in accordance with section 3313.536 of the Revised Code which provides a protocol for responding to any emergency events that do occur and that compromise the safety of school property, students, employees, or administrators and that includes providing immediate notification to the appropriate fire department and board of health in the event of any spill or release of a hazardous substance on school grounds.

(5) Blood borne pathogens guidance in accordance with Chapter 4167. of the Revised Code;

(6) Medications in accordance with section 3313.713 of the Revised Code;

(7) Comprehensive safety plan. Schools shall have a written plan addressing safety management accountabilities and strategies, safe work practices, accident analysis procedures, job safety analysis procedures, safety committees and employee involvement strategies, employee safety and health training, treatment of sick or injured workers, safety and health hazard audits, ergonomics, transportation safety, identification and control of physical hazards, substance abuse, school violence prevention, and personal protective equipment;

(8) Chemical hygiene plan which means a written program developed and implemented by the school which sets forth procedures, equipment, personal protective equipment and work practices that are capable of protecting employees and students from the health hazards presented by hazardous chemicals used in the school;

(9) Material safety data sheets. A MSDS for every hazardous chemical used in the school building or on school grounds for cleaning, maintenance or instruction shall be available to staff in the areas where chemicals are used and in the school office or other appropriately designated central area of the building;

(10) Hand washing protocol. Each school shall have a rule or protocol on hand washing which shall be implemented in each school.

(11) No smoking signs posted in accordance with Chapter 3794. of the Revised Code.

(12) Integrated pest management policy (IPM). Not later than June 30, 2008, schools shall adopt a written IPM policy that includes identification of pests and conditions that attract pests; prevention techniques such as sanitation, vacuuming, structural repair and sealing; monitoring; education and training; approved least toxic chemical use; and pre-notification of chemical use.

(13) Schools shall have and implement a flushing protocol where lead pipes or lead-lined storage wells may be in use.

Effective: 09/27/2007

R.C. 119.032 review dates: 09/27/2012

Promulgated Under: 119.03

Statutory Authority: 3701.935

Rule Amplifies: 3701.931, 3701.935