DAR File No. 37763

Health, Disease Control and Prevention, Environmental Services

Rule R392-200

Design, Construction, Operation, Sanitation, and Safety of Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 37763
Filed: 06/25/2013 04:58:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule has not been modified or updated since 1998, and many changes in building construction and plumbing requirements have occurred since then which result in the need for the updating and clarification of the current enacted rule.

Summary of the rule or change:

The amendment makes many corrections to style, format, and technical changes; eliminates redundant requirements; requirements about school site topography deleted to prevent conflict with building codes; requirements about coordinating with LHD for construction added to be congruent with the Education rule; fencing height requirement deleted; school ground safety hazard requirements made applicable to more situations; added requirement to remove buildup of snow and ice on walkways; clarifies safety requirements for student drop-off zones; lists clearer prohibitions to provide playground safety; provides clearer playground supervision requirements; updates requirements for animals on school property; adds requirement for plan review by local health departments for food service facilities to be consistent with Rule R392-100; deletes requirement for local health department approval of food served at school functions; to prevent conflicts with the Department of Environmental Quality rules, deletes requirements for on-site sewage disposal systems, the use of non-potable water supply systems, independent drinking water systems, and security of water systems; adds requirement for partitions between new urinals; adds requirement for new sinks to have a height that is age appropriate; a requirement is added for liquid soap to be provided at showers; adds a minimum of at least two to the requirement for privacy showers at new schools; requirements regarding bottled water already a requirement under the Department of Agriculture and Food rules is deleted; hot water for washing trash containers is specified to be at least 110 degrees; a requirement for an integrated pest management plan and practice is added; requirements for lighting changed from intensity ratios and reflectance to illumination levels; a prohibition is added against parking vehicles close to air intakes; the allowance is eliminated for reducing minimum classroom temperatures to 65 degrees F during energy crisis; requirements for air temperatures in swimming pool areas is eliminated; an allowance for activity and disability appropriate air temperatures is added; flexible requirement for monitoring and response plans for classroom temperatures replaces very complicated and prescriptive requirements; requirement to post boiler inspection certificate added; the requirement for a school nurse on the premises is changed to planned availability of a doctor or nurse at all times; first aid kits would now be required on school buses; prescriptive safety requirements for new recreation equipment replaced with an adopted CPSC publication; requirement added to post warning signs by poisonous or dangerous plants and animals kept on the school premises; and requirements for separating oxygen and acetylene cylinders during storage is added. Outlines new diapering requirements for those schools which perform this function. The building and plumbing modifications are necessary to update to the same standards as building and plumbing codes adopted by Utah statute.

State statutory or constitutional authorization for this rule:

• Section 26-15-2

Anticipated cost or savings to:

the state budget:

There will be no additional cost or savings to current state budgets. The costs of compliance are borne by the schools themselves and there is no state money directly applied to the modifications. The rule does not create new oversight responsibilities for the state so the state oversight activities can be handled within current appropriations.

local governments:

There will be no additional overall costs to local health department budgets nor local school district budgets. The Department has looked into the integrated pest management plan requirements and has determined through the experience of some local school districts who have previously adopted this plan, that overall there would be no additional costs expected over time, but if adopted correctly can result in some savings over time. There are some "up front" costs, but these are balanced by the savings due to the lower amount of pesticides used over time. There will be a slight increase in costs to local school districts to provide first aid kits on buses, and update diaper changing areas. The Department has looked into these costs and is unable to accurately estimate these costs due to the lack of data at the state level of the number of buses already equipped with first aid kits, and the lack of data of the condition of each school in the state which would need to update their diaper changing area. It is important to note that the plumbing and building changes proposed in this rule are congruent with plumbing and building codes adopted by statute in Utah and are already in effect statewide.

small businesses:

There will be no additional overall increase in costs for charter schools of this size to comply with an integrated pest management plan. The Department has looked into the issue and has determined from the experience of some local school districts who have implemented the integrated pest management Plan that overall there would be no additional costs expected over time, but if adopted correctly can result in some savings over time. There are some "up front" costs, but these are balanced by savings due to the lower amount of pesticides used over time. There will be a slight increase in costs to charter schools to provide first aid kits on buses, and update diaper changing areas. The Department has looked into these costs and is unable to accurately estimate these costs due to the lack of data at the state level of the number of charter school buses already equipped with first aid kits, and the lack of data of the condition of each charter school in the state which would need to update their diaper changing area. It is important to note that the plumbing and building changes proposed in this rule are congruent with plumbing and building codes adopted by statute in Utah and are already in effect statewide.

persons other than small businesses, businesses, or local governmental entities:

There will be no additional overall increase in costs incurred by those in this classification to comply with an integrated pest management plan. The Department has looked into the issue and has determined from the experience of some local school districts who have implemented the IPM Plan that overall there would be no additional costs expected over time. But if adopted correctly can result in some savings over time. There are some "up front" costs, but these are balanced by savings in the amount of pesticides used over time. There will be a slight increase in costs to those in this classification to provide first aid kits on buses, and update diaper changing areas. The Department has looked into these costs and is unable to accurately estimate these costs due to the lack of data at the state level of the number of charter school buses already equipped with first aid kits, and the lack of data of the condition of each charter school in the state which would need to update their diaper changing area. It is important to note that the plumbing and building changes proposed in this rule are congruent with plumbing and building codes adopted by statute in Utah and are already in effect statewide.

Compliance costs for affected persons:

There will be no additional increase in costs to these affected persons. The Department has looked into this issue and has found that overall the adoption of an integrated pest management plan if done correctly has the potential to decrease costs. There may be some increased costs incurred to provide first aid kits on buses, and update diaper changing areas. The Department has looked into these costs and is unable to accurately estimate these costs due to the lack of data at the state level of the number of charter school buses already equipped with first aid kits, and the lack of data of the condition of each charter school in the state which would need to update their diaper changing area. Any up front cost to implement an integrated pest management plan are justified to protect the health and safety for children from pesticide exposure and first aid kit availability on buses which will result in increased safety. The state board of education has provided some costs to the Department which are as follows: $500 per urinal partition which would be required to be added to newly constructed schools, $100 per square foot for any remodeling required for diaper areas, if needed, liquid soap dispensers $100 per unit, plus labor, and no estimate available for the cost of contracting with an IPM contractor, or to develop a unique plan if not using an IPM contractor, but the cost to develop an IPM plan is minimal with guidance documents available and support by UDOH to train school districts on IPM implementation. Many school already have liquid soap dispensers. It is important to note that the plumbing and building changes proposed in this rule are congruent with plumbing and building codes adopted by statute in Utah. Also it is important to note that many of these requirements are only applicable to newly constructed or newly remodeled schools as a phased in approach.

Comments by the department head on the fiscal impact the rule may have on businesses:

This will have some impact on initially business but overall should be positive because redundant or obsolete standards are eliminated and individual schools are allowed to formulate remediation tailored to its particular circumstances.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2013

This rule may become effective on:

08/21/2013

Authorized by:

David Patton, Executive Director

R392. Health, Disease Control and Prevention, Environmental Services.

R392-200. Design, Construction, Operation, Sanitation, and Safety of Schools.

R392-200-1. [General Provisions]Authority and purpose of Rule.

[A. Purpose. This rule provides minimum requirements for the protection of the health and safety of the school occupants and the general public.]This rule is authorized under Section 26-15-2. It establishes minimum standards for the design, construction, operation, sanitation, and safety of schools.

 

R392-200-2. Applicability, Responsibility for Compliance.

[B.](1) [Application.] The provisions of this rule are applicable to the design, construction, operation, maintenance, safety, health, and sanitation of schools, their grounds, and accessory structures[ thereto].[

C. Construction or Remodeling of School Buildings]

[1.](2) [On and after the effective date of this rule, all school buildings or appurtenances that are constructed or extensively remodeled shall be designed, constructed, remodeled, and maintained in accordance with the standards set forth in rule.]The governing body of the school, shall ensure that the school building and grounds are constructed, operated, and maintained in accordance with this rule.

[2.](3) [Architectural plans for new or for an extensive renovation of an existing facility shall be submitted to the Department or its designated representative for review and approval prior to construction. Any changes required for approval shall be included into the plans and adhered to in the construction of the facility.]This rule does not require a construction change in any portion of a school if it was constructed and in compliance with law in effect at the time the school was built except as specifically provided otherwise in this rule. However if the Executive Director or the Local Health Officer determines that conditions in any school are a threat to the health of persons using the school, the Executive Director or the Local Health Officer may order correction of any condition that impairs or endangers the health or life of those attending schools. The Executive Director or Local Health Officer may allow temporary measures to ameliorate the problem for up to a year until the governing body can make a permanent correction.[

3. Existing schools shall be maintained in accordance to the health and sanitary standards established in this rule.]

 

R392-200-3. Definitions.

The following definitions apply to this rule:[

D. Definitions

1. "Approved" means acceptable to the Director or local health officer based on his determination that there is conformance with appropriate standards and good public health practice.]

[2.](1) "Department" means the Utah Department of Health[or its authorized agents].

[3.](2) "Director" means the Executive Director of the Utah Department of Health, or designated representative.[

4. "Facility" means a place, an institution, a building or part thereof, a set of buildings, or an area, whether or not enclosing a building or set of buildings, and its associated premises that is used for the education of individuals and that may be owned and/or operated by public or private agencies.

5. "Hot Water" means water heated to a temperature of not less than 120 degrees Fahrenheit (49 degrees Celsius) at the outlet.]

(3) "Governing Body" means the board of education, owner, person or persons designated by the owner with ultimate authority and responsibility, both moral and legal, for the management, control, conduct and functioning of the school.

[6.](4) "Instructor" means any volunteer or employee educator, licensed or not licensed, responsible for student education at a private or public school.[teacher, teaching assistant, teacher's aid, or any other such individual responsible for a particular class.]

[7.](5) "Local Health Officer" means the health officer of any [municipal,] county[,] or district health department, or [his] designated representative.

[8.](6) "School" means any public or private educational institution including charter schools, elementary schools, middle schools, and secondary schools established to provide education for grades kindergarten through 12 regardless of student's age, including attached pre-schools, but excluding home schools.[shall mean any public or private educational institution or facility owned and/or operated by federal, state, or local governments, religious organizations, private agencies, or individuals.

9. "Solid Wastes" means any discarded organic matter, refuse, rubbish, hazardous waste, special waste, garbage, trash, and other waste materials resulting from the operation of the facility.]

[10.](7) "Toxic" means any chemical or biological agent the exposure to which may cause an acute or chronic health hazard.[substance that may have an adverse physiological effect on a person or persons.

11. "Wastewater" means sewage or water-carried wastes, and shall include, but not be limited to, the discharges from all plumbing fixtures or facilities.]

 

R392-200-[2]4. Site Standards[Selection].[

A. Site Standards]

[1.](1) [The topography of the site shall permit the drainage of surface waters from the grounds without creating a nuisance during inclement weather, thawing periods, lawn sprinkling, or irrigation.]Prior to developing plans and specifications for a new school, or the expansion of an existing school, school districts and charter schools shall coordinate with local health departments regarding environmental health and safety issues to avoid unreasonable risks to the health and safety of students, school staff, and faculty.

[2.](2) The school site shall not be located in an area where there is a history or high possibility of flooding, high ground water, snow or earth slides,[ earthquake fault,] or an area that was a repository for hazardous substances.

[3.](3) The school site shall be located to [eliminate]minimize the negative influence of railroads, freeways, highways, heavy traffic roads, industrial areas, airports and aircraft flight patterns, fugitive dust, odors, or other areas where auditory problems, malodorous conditions, or safety and health hazards exist.

 

R392-200-[3]5. School Grounds.[

A. General]

[1.](1) [Fences, if needed, shall be constructed of sufficient height around elementary school playgrounds to exclude animals and prevent children from entering local streets or parking lots. Fencing] School ground fencing shall be constructed of smooth materials with no barbs or projections and shall be maintained in good repair.

[2.](2) Mechanical equipment, e[E]lectrical transmission lines, poles, transformer boxes, and other electrical equipment shall be located or protected with a barrier to prevent an electrical or [obstacle] other safety hazard.[ Well pumps or other electrical equipment on the school property shall be enclosed and protected with a minimum six feet high woven wire fence or other suitable enclosure.]

[3.](3) Walkways shall be provided between the school building and other buildings on the school grounds. Walkways shall be graded to allow proper drainage, and [constructed of smooth impervious materials to prevent a safety hazard]allow for safe passage. Walkways and parking areas shall be maintained in good repair and free of a buildup of snow and ice.

[4.](4) Illumina[tion]nce at a minimum of 1 foot candle shall be provided for walkways, building entrances, parking areas, roads, and similar areas, during hours of use.

[5.](5) With the exception of "pop up heads", e[E]levated lawn sprinkler heads shall not be permanently installed and shall not be left in place on playgrounds or other recreational areas.

[6.](6) Service roads, parking areas, and walkways on school property shall be constructed and located to facilitate the safe movement of vehicular and pedestrian traffic[ and to prevent or reduce safety hazards]. Student drop off and pick up zones must maximize safety.

[7.](7) [The playground area shall be located in a safe and supervised area. All parts of the] The governing body shall control health and safety risks on school [grounds]property [shall be kept free of]by removing items that are likely to be a source of risk such as weeds, holes,[ditches, stones, ashes, cinders, pieces of wire or ] broken glass, or broken or cut tree[ stumps, dead] limbs[ of trees, or other obstructions that create safety hazards or rodent harborage areas] and by filling or covering excavations or ditches.

[8.](8) Playground s must be located in areas that maximize safety. The governing body shall provide personnel so that playgrounds are adequately supervised during recess and school sponsored outdoor time. Playground equipment, if provided, shall be located to permit[ adequate] supervision.[ Playground sites shall be located where the hazard of elementary school age children crossing streets or parking areas is eliminated.]

[9.](9) [During school hours dogs, cats, or other animals shall not be allowed on school property. Seeing eye dogs or animals used for school instructional purposes may be allowed if adequately controlled.]The governing body shall minimize the likelihood of students' contact with stray animals using methods such as the installation of fencing at elementary schools and taking appropriate actions to have removed any stray animals found on the school property. Animals brought by students or teachers for instruction or demonstration purposes are allowed if controlled in a manner that protects students and, if a vaccine is available for that species, the animal has been vaccinated for rabies. Police enforcement dogs, and service animals on duty under the Americans with Disabilities Act or under the provisions of an individualized education plan made pursuant to the Individuals with Disabilities Education Act are allowed on the school grounds.

[10.](10) If bicycles are permitted at a school, the governing body shall ensure that a designated area[ shall be provided] for bicycle parking is provided and[. The parking area shall be] located where it will not create a safety hazard by obstructing building entry[/] or exit ways, walkways, or vehicular traffic.

(11) Structures or landscaping must not provide access by unauthorized individuals to the roof of the school.

 

R392-200-[4]6. Food Service.[

A. General]

[1.](1) The design, construction, installation, and operation of food service facilities and equipment shall be in compliance with the Food Service Sanitation Rule R392-100 and [other appropriate] local health department regulations. Plans for food service facilities must be submitted by the governing body to the local health department for evaluation and approval prior to the beginning of construction. Any significant modification to the school food service facility that falls within the plan review requirements of R392-100 must be approved by the local health department prior to modification.

[2.](2) The governing body shall ensure that food provided by the school that is[Food] not prepared on site [shall be]is obtained , transported, and served from approved sources as required by[and shall be transported and served in accordance with] R392-100.[

3. Local health department approval shall be obtained prior to any function where food will be served or prepared from other than school lunch facilities.]

 

R392-200-[5]7. Sanitary Facilities and Controls.

[A.](1) Water Supply .[ - General]

[1.](a) The water supply shall meet the requirements of the Utah Department of Environmental Quality.[be of adequate volume and pressure and of a safe, sanitary quality and shall comply with the requirements of the State of Utah public drinking water Rules.] All bottled water supplied or sold by the school shall [comply with]meet the bottled water requirements of the Utah Department of Agriculture and Food.

[2.](b) The governing body shall notify the local health department as soon as reasonably possible but no longer than four hours after the discovery of a continuing[If the] water supply [is] interrupt[ed]ion.[for any reason, for 4 hours or more, the local health officer shall be notified.] If the water supply is estimated to be or actually interrupted for four hours or more, [T]the local health officer may require the school to [be] close[d] or have the school provide an [approved] alternative source of potable water [shall be provided]approved by the local health department.[

3. Non-potable water supply systems used for irrigation or similar purposes shall be operated in a completely separate storage and support system from potable water and shall be maintained in compliance with Section 19-4-112 of the Utah Code Annotated 1953 as amended.

4. Water supply pumps, storage, treatment facilities, and other mechanical equipment shall be protected from unauthorized access.

5. If water is to be supplied by the school's independent water supply system, plans and specifications for such a water system shall meet Utah State safe drinking water standards and shall be submitted to and approved by the Department of Environmental Quality prior to construction.]

[B.](2) Wastewater .[ - General]

[1.](a) The governing body shall ensure that a[A]ll wastewater or water-carried wastes such as water from cleaning garbage cans and dumpsters is [shall be] disposed of in accordance with rules established by [a public sewage system or by a sewage disposal system constructed and operated according to] the Utah Department of Environmental Quality[wastewater disposal rules].

[2.](b) [If a] The governing body shall notify the local health department as soon as reasonably possible but no longer than four hours after the discovery of a continuing sewer system [service is] interrupt[ed]ion[for any reason, for 4 hours or more, the local health officer shall be notified]. If the sewer system is estimated to be or is actually interrupted for four hours or more [T]the local health officer may require the school to be closed or require the school to provide temporary toilet facilities or an [approved] alternate wastewater disposal method approved by the local health department and the Utah Department of Environmental Quality[sanitary facility shall be provided].[

3. All schools installing or modifying an on-site sewage disposal system shall submit plans to the health officer having jurisdiction for review and approval prior to construction or modification.]

[C.](3) Plumbing[ - General]. The governing body shall ensure that p[P]lumbing [shall be]is sized, installed, and maintained in accordance with the requirements of the most restrictive or specific between the [Utah P]plumbing [C]code adopted by the Utah legislature under Section 15A-2-103 and the 2010 Americans with Disability Act (ADA).

[D.](4) Toilet Rooms[Facilities - General].

(a) Toilet rooms [facilities] shall be in compliance with the requirements of the most restrictive or specific between the plumbing code adopted by the Utah Legislature under Section 15A-2-103 and the 2010 ADA[located and available on each floor having classrooms or other instructional areas]. With the exception of faculty or staff restrooms, l[L]ocked [facilities]toilet rooms are prohibited unless students have [reasonable] access to the number of unlocked toilet rooms as required under the aforementioned plumbing code or the 2010 ADA, whichever is the most stringent or restrictive of the two[them or to other facilities that are reasonably accessible].[

1. Toilet Rooms]

[a.](b) Self-closing entrance doors shall be provided if privacy is not achieved using shielding to break the line of vision of a person looking into the toilet room from outside the toilet room.

[b.](c) If a toilet room is designed for use by more than one person at a time, each toilet therein shall be enclosed on all four sides by a separate stall. The height of the stalls shall allow sufficient light or ventilation therein. The stall partitions and door shall be at least 16 inches from the floor. A urinal is exempt from the requirements for a stall; however, where there are two or more adjacent urinals, there shall be a solid partition between adjacent urinals that extends at least 18 inches from the wall.

[c.](d) In new or extensively remodeled [establishments]schools, toilet rooms shall be mechanically vented to the outside of the building. A system shall be installed to resupply the air that is exhausted.

[d.](e) An easily cleanable waste container shall be provided and maintained in each toilet room. At least one conveniently located covered waste receptacles must be provided in t[T]oilet rooms used by [girls in grades 4 and above, and/or women shall have at least one conveniently located covered waste receptacle]females nine years and older. Assigned school or contracted personnel shall empty each waste container as often as necessary and at least daily.[

e. Each toilet room shall be provided with an easily cleanable waste container that shall be emptied as often as necessary, at least daily, and shall be kept clean.]

[f.](f) All toilet room fixtures shall be kept clean and maintained in good repair.

[g.](g) [Each t]Toilet fixtures shall be provided with a supply of toilet tissue at all times.

[h.](h) Toilet rooms must be easily accessible and conveniently located for use[shall be available for use] at all times the school is in session [open] or used for school approved activities , for all school recreational facilities, and for areas utilized for school functions.[

i. Conveniently located toilet facilities shall be easily accessible for all recreational facilities and areas utilized for school functions or approved activities by the school.]

[j.](i) Toilet[Rest] room walls, floors, and ceilings must be constructed of[shall be light colored,] smooth, non-absorbent, easily cleanable materials. Assigned school or contracted personnel [, and] shall [be kept]keep toilet room walls, floors, and ceilings clean and maintained in good repair.[

E. Lavatory Facilities]

(5) Diaper Changing.

(a) A school attended by students who require changing of diapers by school or designated personnel must have a designated diaper changing area.

(b) The diapering area shall not be located in a food preparation or eating area.

(c) The diapering surface must not be used for any other purpose. The diapering station shall have a solid, smooth, non-absorbent surface kept in good repair.

(d) Child and student diapering stations shall be designed with a raised edge to prevent a child or student from rolling off or falling.

(e) A privacy area for individuals older than three years of age requiring diaper change must be provided for diaper changing.

(f) The governing body shall make sure that the school staff members who perform diapering tasks comply with the following requirements:

(i) Staff members who prepare or serve food shall not change diapers or assist in toilet training.

(ii) Staff members shall not diaper children directly on the floor.

(iii) Staff members shall not leave a child or student unattended on the diapering surface.

(iv) Staff members shall clean and sanitize diapering surfaces after each use, shall use a sanitizer registered by the U.S. Environmental Protection Agency for that purpose and according to the manufacturer's instructions, and shall make sure sanitizer containers are properly labeled and stored in the diaper changing area out of the reach of children and students.

(v) If a disposable covering is used on the diapering surface, a staff member shall properly dispose of the covering after each diaper change.

(vi) Staff members shall wash their hands with soap and water immediately after changing a diaper, and before commencing other tasks.

(vii) Staff members shall place soiled disposable diapers in a container that has a leak proof lining and a tight fitting lid, in a leak proof sealed bag and placed in a container with a tight fitting lid, or placed directly in an outdoor garbage container that has a tight fitting lid. Staff shall clean and sanitize on a daily basis the containers where soiled diapers are placed.

(viii) If cloth diapers are used, staff members shall not rinse them at the school. After a cloth diaper is changed, a staff member shall place the cloth diaper directly into a leak-proof container or into a sealed bag and placed in a container. The container shall be inaccessible to any child and labeled with the child's name. The staff member may also place the diaper into a leak-proof diapering service container.

(ix) A staff member shall check each child's diaper at least once every two hours and shall change any child's diaper promptly if it is wet or soiled. If a child is napping at the end of a two-hour period, the child's diaper must be checked when the child awakes.

(x) The governing body shall ensure that diaper changing procedures meeting the requirements of this rule are posted in the diaper changing area.

[1.](6) [Lavatory Installation]Handwashing Sinks.

[a.](a) [Lavatories]Handwashing sinks [with hot and cold water] shall be [located]placed in or immediately adjacent to toilet facilities.

[b.](b) [Lavatories with hot and cold water]Handwashing sinks shall be located in or conveniently adjacent to classrooms where normal activities require the students to wash their hands either before or after performing the classroom activities. [Such classrooms shall include, but are not limited to,]All elementary classrooms, [home economics]life skills, art, chemistry, biology, auto shop, wood and metal shop, and drama must have handwashing sinks located in or conveniently adjacent to them. [The hot w]Water provided at these locations [shall]must be tempered to or adjustable to a minimum of 100 degrees Fahrenheit (37,8 degrees Celsius) and not exceed [126]110 degrees F ahrenheit (43.3 degrees Celsius).

[c.](c) [Lavatories, including soap, towels, and hot water shall]Handwashing sinks must be provided [for]at locations where [all] persons are required to handle any liquids that may burn, irritate, or are otherwise [be] harmful to the skin.

(d) Handwashing sinks shall be at a height appropriate to the children that use them.

[2.](e) [Lavatory Faucets. Each lavatory]Handwashing sinks with hot and cold water shall be provided with [hot and cold water, utilizing]faucets that utilize a mixing valve or a combination faucet. [Steam-mixing valves are prohibited.] Any self-closing, slow-closing, or metering faucet used shall be designed to provide a flow of water for an average of [10]at least 15 seconds without the need to reactivate the faucet.[

3. Lavatory Supplies]

[a.](f) [A supply of h]Hand cleaning soap or detergent [shall]must be conveniently [available]provided near each [lavatory]handwashing sink.

[b.](g) Disposable s[S]anitary towels shall be provided in a[n appropriate] protective dispenser that dispenses one towel at a time or a forced-air mechanical hand-drying device providing heated air [shall be] conveniently located near each [lavatory]handwashing sink. [Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be provided]If cloth towels are used for hand drying, a towel or segment of a roll cloth towel that has not been used by another person since it was laundered shall be available for each person.

[4.](h) [Lavatory Maintenance. Lavatories]Handwashing sinks and all related fixtures shall be kept clean and maintained in good repair.

[F.](7) Shower Facilities .

[1.](a) Shower [Installation]Construction.

[a.](i) Showers [shall be provided] for classes in physical education shall be provided if students are required to change clothes. Each shower [shall be]must be provided with hot and cold water utilizing a mixing valve or combination faucet. Nothing in this section shall prohibit the use of water temperature controls to ensure the safety of the student. A non-skid surface must be installed on s[S]hower floors and adjacent floor areas[ shall have a non-skid surface]. Shower room walls and ceilings shall be constructed with light colored, smooth, nonabsorbent, and easily cleanable materials.

[b.](ii) At least one shower head shall be provided for each [sixteen]15 students utilizing any adjacent dressing area at any one time. A supply of liquid soap for showering must be provided.

[c.](iii) At least two p[P]rivacy showers [shall]must be provided for schools constructed after January 1, 2012.

[d.](iv) A dressing room area with non-skid floors and floor drains shall be provided adjacent to shower facilities .[ and shall be equipped with benches constructed of easily cleanable impervious materials.] Showers shall be constructed to prevent water flow into the drying and dressing room area. Hard surfaced or materials that cannot absorb water must be used for floors, benches, and other furniture[Carpeting is prohibited] in dressing rooms.

[e.](v) [In new or extensively remodeled facilities, shower area]The shower area dressing room[s] shall be mechanically vent[ed]ilated to the outside of the building[. A] and a system to resupply the air that is exhausted must [shall] be installed[ to resupply the air that is exhausted].

[f.](vi) Toilet rooms and towel racks shall be [conveniently] located convenient to shower and dressing rooms.

[2.](b) Shower Room Cleaning and Maintenance .

[a.] Shower rooms , dressing rooms, and adjacent areas [when used] shall be kept clean and free of clutter[cleaned at least daily]. Shower room walls and ceilings shall be kept clean and maintained in good repair. Shower floors shall be cleaned and disinfected daily after school activity use.[

b. Shower room walls, floors and ceilings shall be light colored, smooth, nonabsorbent, easily cleanable, and shall be kept clean and maintained in good repair.]

[3.](c) Shower Supplies.

[ ]If students are provided with towels[ are supplied by the school], the[y] towels shall be laundered at least weekly and shall not be shared with another student.[ to ensure exposure to a water temperature of 168 degrees F, for a combined wash and rinse period of at least 25 minutes or an equivalent washing procedure. Such towels, if provided, shall be furnished clean weekly or at time of reissue. The use of common towels is prohibited.]

[G.](8) Drinking Fountains .[

1. General]

[a.](a) Drinking f[F]ountains shall provide a water stream of at least a 2 inch arch into the basin.[be designed so the water stream will arch into the basin. The stream of water shall be of a sufficient height and constant pressure to enable the user to drink without touching the mouth guard. Vertical flow, bubbler type fountains are prohibited. Fountains shall be constructed of impervious material such as stainless steel, porcelain, vitreous china or enameled cast iron.]

[b.](b) Fountains shall be kept clean and in good repair.

[c.](c) Drinking f[F]ountains are prohibited in areas where [shall not be installed in toilet rooms or other areas where exposure to] contamination from human wastes or toxic or hazardous materials [could]is likely to occur , including toilet rooms and laboratories.

[d.](d) Drinking fountains shall be installed so t[T]he height of the drinking fountain is at the drinking level [shall be] convenient to students utilizing the drinking fountain.

[e.](e) [Conveniently located d]Drinking fountains shall be conveniently located and easily accessible for all recreational facilities and areas utilized for school functions.

[f.](f) [If water under pressure cannot be made available, all bottled water that is provided shall comply with the bottled water requirements of the Utah Department of Agriculture, with a suitable faucet for the filling of individual cups. Individual s]Single[-]service and multi use [drinking] cups provided by the school must meet the requirements of R392-100[shall be dispensed from an approved dispenser].[

g. The use of common cups is prohibited.]

[H.](9) Swimming Pools .[

1. General

a. Swimming pools shall be constructed, operated, and maintained in accordance with R392-302.]

[b. Plans for s]Swimming pools at school facilities must be constructed, operated, and maintained in accordance with R392-302.[, diving pools, or therapy pools intended for installation at any facility covered by this rule shall be reviewed and approved by the Department or its designated representative prior to installation.]

[I.](10) [Solid Wastes]Waste Collection, Storage and Disposal.[

1. Containers]

[a.](a) [Cleanable w]Waste containers shall be provided [available] in each classroom[, and shall be kept clean and in good repair].

[b.](b) For s[S]hops, chemistry labs, and similar areas , separate waste containers shall also be provided for each type of waste material not allowed to be disposed with regular municipal waste[have appropriate waste containers for solid waste disposal].

[c.](c) Solid wastes shall be kept in durable, easily cleanable, insect-[proof]resistant and rodent-[proof]resistant containers that do not leak and do not absorb liquids.[

d. Containers, refuse bins, compactors, and compactor systems located or stored outside shall be easily cleanable, shall be provided with tight-fitting lids, doors, and covers, and shall be kept covered. Containers designed with drains shall have drain plugs in place at all times, except during cleaning.]

[e.](d) [There shall be a]A sufficient number and size of containers must be provided to hold all the garbage, refuse, and other [solid] waste [that] accumulate[s]d between the times when the containers are emptied.

[f.](e) The governing body shall direct school personnel to clean and repair or replace all waste [Soiled] containers [shall be cleaned] at a frequency that [is adequate to]will prevent odors and prevent insect and rodent attraction. [Suitable facilities, including h]Hot water at a minimum of 110 degrees Fahrenheit (43.3 degrees Celsius) and detergent or steam[, shall] must be provided [and used] for washing waste containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage and shall not be allowed to enter any storm drain.[

g. Suitable facilities, including hot water and detergent, shall be provided and used for washing containers.]

[2.](f) Storage .

[a.](i) [Any solid w]Waste[s]materials stored on the premises [shall]must be [inaccessible]located to minimize access to insects, rodents, and other animals and not cause a nuisance. Outside storage of unprotected plastic bags or wet-strength paper bags or baled units containing garbage or refuse is prohibited. Cardboard or other packaging material that contains no garbage or food wastes need not be stored in covered containers, if such material is protected in an enclosure or baled[ so a litter problem or other nuisance is not created].

(ii) Tight-fitting lids, doors, or covers shall be provided on waste containers, refuse bins, compactors, and compactor systems. The lids, doors, or covers shall be kept closed except when emptying or filling. Containers, refuse bins, compactors, and compactor systems used by the school shall be easily cleanable and maintained in good repair. Containers designed with drains shall have drain plugs in place except during cleaning.

[b.](iii) If[Solid] waste storage rooms[, if]are used, the rooms shall have walls, floors, and ceilings[be] constructed with[of] easily cleanable, nonabsorbent, washable materials[, shall be kept] that are clean and in good repair[, shall be insect- and rodent-proof, and shall be kept free of odors]. The doors of storage rooms shall be fitted to reduce the entrance of rodents and insects.

[c.](iv) Outside storage areas or enclosures shall be constructed of easily cleanable materials and shall be kept clean and maintained in good repair. [Solid]Outside waste containers, refuse bins and compactor systems shall be [located outside shall be kept covered and properly located or] stored on or above a smooth surface of [nonabsorbent]cleanable material, such as concrete or asphalt, that is kept clean and maintained in good repair.

[3.](g) Disposal .

[a.](i) [Solid w]Waste shall be disposed of often enough to prevent the development of odor and minimize the harborage[or the attraction or propagation] of insects or rodents.

[b.](ii) The disposal of all waste shall comply with all Utah Division of Solid and Hazardous Waste rules and local health department regulations[open burning of any trash, garbage or other wastes on the premises is prohibited except as provided by law].[

c. No disposal of solid waste shall occur on the premises.]

[J.](11) Hazardous Wastes .

[1. General. Disposal of] All hazardous and regulated waste[s] disposal shall comply with the Utah [hazardous] waste management rules and applicable local regulations.

[K.](12) [Insect and Rodent Control]Pest Management.

[1.](a) [General. Effective measures intended to minimize the presence of rodents, flies, cockroaches, bedbugs, lice, or other vermin on the premises shall be utilized. The premises shall be maintained so that propagation, harborage, or feeding of vermin is prevented.]The governing body shall minimize in school buildings or on school grounds the presence of pests that are vectors for disease, carry allergens that are likely to affect individuals with allergies or respiratory problems, or may sting or bite causing mild to serious reactions in some individuals.

(b) The governing body shall adopt integrated pest management (IPM) practices and principles to prevent unacceptable levels of pest activity with the least possible hazard to people, property, and the environment.

(c) The governing body shall have a written integrated pest management plan written by the governing body or provided by the contracted pest management contractor whether IPM is implemented as an internal process or contracted to a pest management professional. The plan shall include sections that cover the following topics: an IPM policy statement; IPM implementation and education; pest identification, monitoring procedures, reporting and control practices; approved pesticides; procedures for pesticide use; a policy for the notification of students, parents, and staff; and applicator requirements. Guidance for an IPM plan can be found in publications of the IPM Institute of North America. The Department or the Local Health Officer may require changes in a school's IPM plan if the plan neglects or causes a threat to the health or safety of the occupants of a school.

[2.](d) [Openings. Openings to the outside shall be effectively protected against the entrance of insects, rodents, and other animals. Screens for windows, doors, skylights, intake and exhaust air ducts, and other openings to the outside shall be tight fitting and free of breaks. Screening material shall not be less than sixteen mesh to the inch.]The governing body shall use non-chemical management methods whenever possible to provide the desired control. The governing body shall use a full range of control alternatives including: identification and removal or repair of conditions that are conducive to pests; structural repair and sealing; improved sanitation; removal of clutter or harborage; elimination of food sources; exclusionary measures to protect doors, windows and any other opening to the outside against the entrance of insects, rodents, and other animals. A no-action alternative shall also be considered in cases where the pest has no public health or property damage significance.

[3.](e) [Pesticide Application. Restricted-use pesticides shall not be used within buildings or on the grounds unless formulated and dispensed by a pesticide applicator certified by the Utah State Department of Agriculture. All labeled directions for use shall be specifically followed, and products without label directions are prohibited from use.]If the governing body chooses to not use a contracted pest control contractor, school personnel who apply pesticides shall follow the Utah Dept. of Agriculture pesticide regulation R68-7. The applicator shall apply all products according to the pesticide label directions.

 

R392-200-[6]8. Construction and Maintenance of Physical Facilities.

[A.](1) Floors, Walls, and Ceilings .

[1. Construction.] All school building[s] floors, walls, and ceilings shall be [of sound construction with floors, walls, and ceilings] constructed with materials that are durable and easily [of nonporous,] cleanable . Floors, walls, and ceilings shall be clean and[ material and shall be maintained] in good condition.

[2.](2) Lighting .[ - General

a. A comfortable lighting environment shall be provided in every classroom with light quality that meets the requirements of all applicable parts of this rule.

b. Permanently fixed artificial light sources shall be installed to provide, at a distance of 30 inches from the floor, sufficient light intensities on instructional surfaces, including chalkboards, without causing excess intensity eyestrain.]

(a) Lighting in all parts of the school building shall have the capability to provide at least the minimum required illumination levels listed in Table I when the building is in use. Permanently fixed artificial light sources must be provided.

 

TABLE 1

MINIMUM REQUIRED ILLUMINATION LEVELS

Task or Area                            Footcandle Level/Lux

General instructional
areas: Study halls,
art rooms, lecture rooms,
libraries, and other areas                      50/538

Special instructional
areas: Drafting rooms,
laboratories, shops,
and other rooms where
some fine detail work
is done                                         100/1076

Special instruction
areas: Sewing and
other rooms where fine
detail work is done                             100/1076

Gymnasiums: Auxiliary
spaces, shower rooms
and locker rooms                                30/323

Gymnasiums: Main
recreation spaces                               50/538

Auditoriums, faculty
and staff lunchrooms,
assembly and multi-
purpose rooms, and
similar areas not
used for classrooms                             30/323

Corridors, stairs,
hallways, passageways,
storerooms, and
similar areas                                   10/108

Toilet rooms                                    10/108

Offices                                         50/538

 

[c.](b) All light fixtures located in shops, life skills, cafeterias, kitchens, food preparation areas, toilet rooms, shower areas, locker rooms, and gymnasiums[student areas] shall have protective shields to contain broken glass if the bulb or tube is broken or shattered[be shielded to protect the students from injury in case of bulb breakage].[

d. Light intensity ratios shall not exceed levels for surfaces causing excessive eye accommodation. Instructional areas shall have predominantly light colors to obtain low brightness ratios. Instructional areas shall not exceed the following brightness ratios:

(1) Between the task and immediately adjacent surfaces, including between a task and a desk top; ratio 3:1

(2) Between the task and more remote darker surfaces, including between a task and the floor; ratio 3:1

(3) Between the task and the more remote lighter surfaces, including between a task and the ceiling; ratio 1:5

(4) Between windows or other luminous objects and surfaces adjacent to them, except the ratio between windows and adjacent chalkboards may be exceeded; ratio 20:1

(5) Between the chalkboard and the wall or other visually adjacent area; ratio 1:3

e. Reflectance of the finishes in instructional areas shall be within the following range 0:

(1) Percentage of Reflectances

(a) Ceilings - 70 to 90

(b) Walls - 40 to 60

(c) Floors - 30 to 50

(d) Chalkboards - 15 to 20

(e) Desks and equipment - 35 to 50]

[f.](c) School personnel or contracted persons shall clean and repair l[L]ight fixtures[ shall be cleaned and repaired,] and replace burned out bulbs or lamps[replaced] as often as necessary in order to maintain the illumination levels required in this section.[

g. Any light fixtures emitting noise at a bothersome level shall be repaired or replaced.]

[B.](3) Ventilation.[

1. General]

[a.](a) [Rooms shall be provided with natural or mechanical ventilation that admits fresh air and is sufficient to remove or prevent the accumulation of obnoxious odors, smoke, dust, and fumes. In classrooms where combustible vapors may accumulate, such vapors shall be vented either through a fume hood or by other adequate roomwide ventilation]Ventilation throughout the school must be in accordance with the requirements of the mechanical code adopted by the Utah Legislature under Section 15A-2-103.[

b. A minimum clean air replacement of 10 cubic feet per minute per person in classrooms shall be maintained. The lining of ducts with fibrous or asbestos materials is prohibited.

c. Air vents shall be placed so no person becomes chilled or overheated in any occupied room.

2. Special Ventilation]

[a.](b) [Intake and exhaust a]Air ducts shall be maintained to prevent the entrance of dust, dirt, and other contaminating materials. Vehicles must be prohibited from parking in areas adjacent to and close enough to building air intakes to create a vehicle exhaust hazard and nuisance inside the structure.[

b. In new or extensively remodeled establishments, all rooms from which obnoxious odors, vapors or fumes originate shall be mechanically vented to the outside of the building.]

[C.](4) Heating and Cooling.

[1.](a) Heating facilities [shall]must be [properly] installed [and] , vented and [shall be] maintained in a safe working condition. [Unvented]Portable combustion type space heaters [producing products of combustion] are prohibited.

[2.](b) [A]During cold weather, the governing body shall maintain the occupied areas of the school building at a temperature [of]between [68-74]68 and 74 degrees F ahrenheit (20 and 26.3 degrees Celsius[during winter months shall be maintained in classrooms. However, on a temporary basis, during a severe winter energy crisis, the temperature may be reduced to 65 degrees F]. Occupied areas of school buildings used for school activities which because of the nature of the activities require a temperature different from that of a classroom such as ice skating, aerobics, and swimming shall be maintained at the appropriate temperature for the activity. Temperatures shall also be maintained at an appropriate range for any students who qualify under the Individuals with Disabilities Education Act.[The temperature in a swimming pool area shall be warmer than the water temperature of the pool.

D. Cooling]

[1. By September 1, 1998 the school district administrator shall develop a written plan to mitigate adverse health effects of excessive heat to students and staff at each school in his district. The plan, to be called the Classroom Temperature Health Intervention Plan, for each school shall:] (c) During periods of hot weather when the outside temperature is 90 F or higher when school is in session, the governing body shall employ either an automatic temperature monitoring system or a written plan executed by assigned staff to monitor the temperature of each occupied classroom, occupied auditorium, and occupied gymnasium in a school building. The equipment used for temperature monitoring must have a full range accuracy of plus or minus two degrees Fahrenheit (1.1 degrees Celsius). The frequency of temperature measurement may vary in the programming of the automatic system or in the staff executed temperature monitoring plan based on outside temperatures but must be often enough to assure that occupied areas don't exceed temperature maximums.[

a. include district medical, environmental, engineering and health staff in the development of the plan;

b. cover school days during the period September 1 through September 15; however, annual plans after 1998 shall cover the period May 1 through September 15;

c. specify the method by which the heat health hazard level shall be determined as required in Subsection R392-200-6(D)(6);

(1) the plan must require that at least one temperature measurement be taken daily;

(a) the date, time, place, and temperature of the measurement must be recorded on a log to be kept at the school building administration office for two years. The log shall be made available to the local health officer at his request.

(b) school areas supplied by a properly operating air conditioning system are exempted from this Subsection R392-200-6(D)(1)(c);

d. identify interventions for each of the heat health hazard levels listed in tables 1 and 2, and the procedures for ensuring their timely implementation;

e. include an emergency plan in individualized health care plans for all children with special health care needs as identified by a health assessment of the student population;

f. be filed with the local health officer by October 1, 1998;

g. be updated and filed with the local health officer prior to October 1, 1999. After October 1, 1999 the plan shall be updated as changes occur in the school population or in the school facilities and at least annually.

2. The school district administrator shall ensure that the plans required in Subsection R392-200-6(D)(1) are executed effectively.

3. The school district administrator shall develop and file the plans required in Subsection R392-200-6(D)(1) with the local health officer prior to the first day of classes for a new school beginning operation after September 1, 1998.

4. The school district administrator shall prepare a written evaluation of the implementation of the plan required in Subsection R392-200-6(D)(1) and submit it to the local health officer prior to October 1, 1999.

5. The local health officer may require the school district administrator to correct a school plan required in Subsection R392-200-6(D)(1) that he determines is ineffective at preventing adverse health impacts of high heat on the students and staff of the school.

6. The school district administrator shall select one of the following two methods to determine the heat health hazard level in each school:

a. Method 1: Chart the temperature reading taken from a simple wall or hand held dry bulb thermometer into column 2 of table 1. Find the corresponding heat health hazard level in column 1;

(1) the thermometer must have a full range accuracy of plus or minus 2%;

b. Method 2: Properly use a sling psychrometer to determine the relative humidity. Chart the relative humidity into column 1 of table 2. Find the temperature reading taken from a simple wall or hand held dry bulb thermometer in one of the columns directly across from the relative humidity reading. Find the corresponding heat health hazard level at the top of the column in which the temperature is found.

(1) the thermometer must have a full range accuracy of plus or minus 2%;

 

TABLE 1
DRY BULB INDEX

  Heat Health          Thermometer
Hazard Level         Temperature

Caution              80-89.9 degrees F

Extreme              90-99.9 degrees F
Caution

Danger               greater than or equal
                     to 100 degrees F

 

 

TABLE 2
TEMPERATURE-HUMIDITY INDEX

  % Relative           Dry Bulb Temperature (degrees F)
Humidity             Caution          Extreme Caution

  0                   95.0-112.9      113.0-131.9
 10                   89.5-107.4      107.5-124.4
 20                   87.5-103.4      103.5-118.4
 30                   86.0-99.9       100.0-114.9
 40                   84.0-97.4       97.5-111.9
 50                   82.0-95.4       95.5-108.9
 60                   81.5-93.4       93.5-106.9
 70                   78.5-91.4       91.5-104.9
 80                   77.5-89.9       90.0-103.4
 90                   76.5-88.9       90.0-101.4
100                   75.0-87.4       87.5-99.9

% Relative             Dry Bulb Temperature (degrees F)
Humidity               Danger

  0                    greater than or equal to 132.0
 10                    greater than or equal to 125.0
 20                    greater than or equal to 119.0
 30                    greater than or equal to 115.0
 40                    greater than or equal to 112.0
 50                    greater than or equal to 109.0
 60                    greater than or equal to 107.0
 70                    greater than or equal to 105.0
 80                    greater than or equal to 103.5
 90                    greater than or equal to 101.5
100                    greater than or equal to 100.0

 

7. The school building administrator shall ensure that the local health officer is notified immediately when:

a. the heat health hazard level of Danger is reached anywhere inside the school where students or staff are present for an hour or longer; or

b. on the same day two incidents occur in the school where health symptoms, such as heat stroke, cramps and heat exhaustion, may have been caused by heat and a heat health hazard level of Caution, Extreme Caution, or Danger has been recorded in the school.]

(i) If the temperature readings taken in the classrooms, auditorium, or gymnasium are above 90 degrees Fahrenheit (36.3 degrees Celsius), the time shall be recorded and the temperature continuously monitored by the automatic system or the person measuring the temperature. If the temperature remains above 90 degrees Fahrenheit (36.3 degrees Celsius) for 90 consecutive minutes, the automatic system or person performing the monitoring shall alert the person in charge of the school and the person in charge shall order the removal of all students from the affected areas of the school. The governing body shall not allow students to return to affected areas until the temperature is at or below 79 degrees Fahrenheit (26.1 degrees Celsius). If there are insufficient areas of the school to accommodate students at temperatures below 90 degrees Fahrenheit (36.3 degrees Celsius), then school officials shall provide an alternative environment that meets the above temperature requirement such as providing alternative instructional activities or employing portable cooling equipment. School officials shall notify parents of children with special health care needs.

(ii) The governing body shall have a written plan that identifies any groups of students that are unusually vulnerable to elevated temperatures and describes actions that will be taken when the recorded temperature in occupied classrooms, auditoriums or gymnasiums reaches 80 degrees Fahrenheit (26.7 degrees Celsius) and above. The written plan may be part of the school's emergency response plan.

[E.](5) Maintenance of Heating, Ventilation and Air Conditioning Equipment.

[1. The school building administrator has final responsibility to ensure that the] (a) The governing body shall have qualified in-house or contracted service technicians conduct a heating, ventilating, and air-conditioning system inspection and necessary maintenance activities according to manufacturer recommendations [are conducted] at proper time intervals[according to the manufacturer's recommendations with qualified in-house or contracted service technicians to provide peak performance of all equipment and systems].

(b) If the school has a boiler or other mechanical units required to be inspected and certified for use, the governing body shall make sure that the most recent boiler inspection certificate is posted in the boiler room. The certificate must be issued by the Utah Division of Boiler and Elevator Safety or an inspector who has been approved and deputized by the Division of Boiler and Elevator Safety.

[F.](6) Cleaning Physical Facilities .[

1. General

a. Floors shall be cleaned at least daily.]

[b.](a) [W]The governing body shall make sure that floors, walls, ceilings, and attached equipment [shall be]are kept clean.[

c. Hose bibs with back flow prevention devices shall be provided with running water for washing walkways, courts, passageways, and other common use areas.]

[2.](b) [Utility Facility.] In new or extensively remodeled [facilities]schools, at least one utility sink or curbed [cleaning facility with a] floor sink [drain] shall be located on each floor[and used]. The governing body shall make sure personnel who perform cleaning tasks use this area for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes. The use of [lavatories]handwashing sinks for this purpose is prohibited.

[3.](7) Custodian Closets .

[a.](a) Custodial closets, equipment and supply storage rooms shall be kept clean and orderly and shall be kept locked if toxic supplies are present.

[b.](b) [Separate s]Storerooms or cabinets shall be provided for cleaning materials, pesticides, paints, flammables, or other hazardous or toxic chemicals, and for tools and maintenance equipment. Materials incompatible due to potential contamination or potential chemical reactions shall be separated from one another. These areas shall be kept locked and not used for [no]any other purpose that is incompatible with the materials stored and shall comply with the [Uniform Fire Code]fire code and any state amendments to the fire code that have been adopted by the Utah State Legislature.

[c.](c) Oiled mops, dust cloths, rags, and other materials subject to spontaneous combustion shall be properly stored in approved fire resistant containers as required by the [Uniform Fire Code]fire code and any state amendments to the fire code that have been adopted by the Utah State Legislature.

 

R392-200-[7]9. Health and Safety.

[A.](1) Health .

[1.](a) A centrally located room or area[, with a readily accessible phone, shall be available] for emergency use in providing care for persons who are ill, injured or suspected of having any contagious disease must be located in each school. In [new structures]schools built after 1987, a clinic room [shall]must be provided and shall have [lavatory facilities]a handwashing sink with hot and cold running water, soap, individual towels, first aid supplies, and lockable cabinet space for storage of first-aid supplies. Clinic rooms or areas used for emergency treatment and first-aid shall be kept clean[, orderly,] and maintained in good repair. [A school nurse or other appropriately trained individual shall be on the premises and available during normal school hours.]The governing body shall have a written plan or policy available for review upon request by the local health department that states how a nurse or doctor can be contacted at any time the school is in session. Prior agreement shall have been made with the doctor or nurse to ensure availability. In addition, at least two designated individuals shall be [available]on site that have [an approved current basic first-aid certificate]a current Red Cross basic first aid and CPR certificate or equivalent training approved by the governing body.

(b) The governing body of each school shall ensure that:

[2.](i) [E]each emergency care room or clinic area [shall be]is provided with a cot or bed that has[, and each cot or bed shall have] a [washable]cleanable surface[,] or cover[,];

(ii) [or be provided with] disposable bedding is changed after [sheets and pillowcases for] each [user]person's use; and[.]

(iii) [M]multi -use sheets or covers[, if used, shall be] are laundered after each person's use.[

3. Prescription medications shall be present only on an individual prescription basis and shall be administered only as prescribed by appropriate personnel.]

[4.](c) All prescription or over the counter medication administered by school personnel, and records required by 53A-11-601 shall be stored in a secure refrigerator, [locked] drawer, or cabinet accessible only by those authorized to administer the medication.

[5.](d) [Specified]If a school has specified sleeping areas , the school shall provide these areas[be provided] with [sleeping facilities including] cots , mats, or floor pads. [Washable or disposable]Reusable covers[, if] supplied by the school[, shall] must be easily cleanable and maintained in good repair . When in use,[ and shall be washed at] the covers must be cleaned between each user and at least weekly[ and before reissue]. Disposable covers must be discarded after each use.

[6.](e) In [injury] high risk injury areas [such as, but not limited to,]including shops, laboratories, places where theater props and scenery are built,[home economics,]life skills, playgrounds, and gymnasiums, the instructor [shall have an]must possess at a minimum, a [approved] current Red Cross basic first-aid certificate , or equivalent as determined by the governing body, and must be on site at all times when classes are being held. A readily accessible first-aid kit that is appropriate for the risks in the area must[shall] be available at the school[in each high risk classroom area, and shall be maintained in good condition]. School buses shall also carry a first aid kit and bus drivers shall have a current Red Cross basic first aid certificate, or equivalent training as determined by the governing body.

[B.](2) Safety .

[1.](a) Instructional, athletic, or recreational equipment shall be kept clean, safe, and in good repair.[ Body contact equipment surfaces shall be routinely cleaned and sanitized at least weekly to minimize the potential of disease transmission.

2. Recreational equipment shall not have open-ended hooks, moving parts that could pinch or crush fingers, sharp edges or rough surfaces, or form rings or angles with a diameter more than 5 inches but less than 10 inches.]

[3.](b) [Outside recreational]Playground equipment shall be installed and maintained in accordance with the Handbook for Public Playground Safety, U.S. Consumer Product Safety Commission, Publication Number 325, April 2008 Revision[other than swings shall be placed so that the intended activity has at least 10 feet clearance from fences, buildings, or other stationary objects that may cause injury. Swings shall have at least 16 feet clearance from objects that may cause injury].[

4. Play equipment shall have handrails.

5. Recreational equipment that requires anchoring for its use, shall be securely anchored to the ground. Anchoring devices shall not protrude above ground level.]

[6.](c) Handrails [shall be properly installed] on stairways, ramps, and outside steps[, and] shall be in compliance with the building code adopted by the Utah Legislature under Section 15A-2-103, and shall be properly maintained[good repair].

[7.](d) A master shut-off valve to flammable g[G]as supply lines [serving]in science laboratories, [home economics]life skills areas, shops, and other rooms that utilize gas supply lines, shall be readily accessible to instructors for emergency shut off[utilizing multiple outlets shall have a master shut-off valve that is readily accessible].

[8.](e) A master electric shut off switch shall be readily accessible to instructors in [Home economics]life skills areas, shop[s] classrooms, applicable art rooms, [offices] and labs where [other rooms using] electrically operated instruction al equipment are present that may be a safety hazard to the operator[shall be supplied with a master electric switch readily accessible].

[9.](f) All instructional shop[s] classrooms, art rooms, craft rooms, and laboratories shall be kept clean[, orderly,] and [in a sanitary]maintained in good condition. Cleaning and sweeping of these rooms shall be done in a way to minimize dust[that contamination of the air is minimized].

[10.](g) The governing body of the school shall ensure that specific safety directions accompany s[S]ubstances that are deemed potentially harmful or hazardous to the health[,] and safety[ and welfare] of [instructors and/or students]individuals who use them . The directions shall include [shall be accompanied by specific directions with respect to] the proper use, storage, handling and disposal of the substance [such supplies] and [to] the potential risks or hazards associated with [such supplies]the substance. Designated personnel shall ensure that Material Safety Data Sheets (MSDS) for all chemicals used at the school are available at all times for review by staff or students that use the product and for review by the local health or safety inspectors during inspections.

[11.](h) In high risk injury areas, the class instructor shall ensure that p[P]rovisions, including the development and posting of operating instructions, regulations, or procedures[, for students shall be] are posted and reviewed [in class in industrial arts, physical sciences, or vocational educational areas using equipment or hazardous devices]by students in these areas. [Such instructions shall be written at a sixth grade reading level.]Students must demonstrate to the instructor knowledge of and safety practices for each piece of equipment prior to any use by the student. The instructor shall ensure that all safety guards are in place and operational on shop equipment.

[12.](i) The class instructor shall train and direct students operating power equipment to not wear l[L]oose clothing including[, but not limited to,] ties, lapels, cuffs, torn clothing or similar garments that can become entangled in [moving machinery shall not be worn when operating]power equipment.

[13.](ii) The class instructor shall train and direct students that w[W]rist watches, rings, or other jewelry [shall]are not to be worn in any class where they constitute a safety hazard.

[14.](iii) The class instructor shall train and direct s[S]tudents to restrain[shall confine] their hair[,] if there is a risk of hair entanglement in moving parts of [machinery]power equipment.

[15.](iv) The governing body shall sufficiently control e[E]xposure to noise[ or], toxic dusts, gases, mists, fumes, or vapors[ shall be sufficiently controlled] so that a health hazard does not occur[ and shall be in accordance with Utah Occupational, Safety, and Health Administration (OSHA) requirements and applicable local regulations].

[16.](v) The class instructor shall ensure that appropriate[Approved] safety equipment is available and train and direct students to wear it while [including, but not limited to, aprons, gloves, and safety glasses, shall be available to and worn by all students ]engaged in activities where there is exposure to hazardous conditions.

[17.](vi) Safety zones [consistent with OSHA requirements] shall be [marked]outlined on the floor around areas of equipment where there is danger of possible injury to students.

[18.](vii) [If there is exposure to skin or eye contamination with] Emergency shower or eyewash stations shall be readily available in areas where there is a potential for accidental exposure to corrosive, poisonous, infectious, or irritating materials[, an emergency shower and a lavatory with hot and cold running water, soap, and towels or an eye wash fixture shall be available]. [Self-closing, slow-closing, or metered faucets are prohibited.]The area around this safety equipment shall be kept free of clutter and encumbrances to its immediate use. The design and installation of emergency shower and eyewash stations shall meet the plumbing code adopted by the Utah legislature under Section 15A-2-103.[

19. If there is exposure to infectious organisms, a lavatory with hot and cold running water, soap, and towels shall be available.

20. Where appropriate, a laboratory, auto shop, wood shop, and other such classrooms shall be equipped with an approved fume hood and the required make-up air system meeting applicable national design standards.

21. Facilities shall be available for the proper storage of clothing and of athletic, instructional, and recreational equipment and supplies.

22. Cleaning materials, tools, and maintenance equipment shall be safely stored.]

[23.](i) Poisonous, dangerous or otherwise harmful plants [and/]or animals shall not be [located in classrooms]kept on the school premises unless it is in conjunction with a course curriculum. Poisonous or toxic plants must be labeled with their scientific name, and a warning sign posted describing the health risks and first aid instructions for skin contact or ingestion. A warning sign shall be posted on the confining area of animals which are likely to carry disease; the sign shall state the disease causing organisms the animal is likely to be infected with and precautions to people should take to avoid disease.

[24.](j) [Toxic or hazardous materials including, but not limited to, chemicals, poisons, corrosive substances, or f]Flammable liquids, [shall]must be stored in a [ventilated,] locked fire resistant area with access only by [authorized]school assigned personnel. [Such]The storage area shall comply with [Uniform Fire Code and National Fire Protection Association requirements]the Utah state fire code and rules.

[25.](k) Oxygen, acetylene, and other high pressure cylinders shall be secured, including empty cylinders, [shall be properly secured and stored]from tipping over. [The]Safety valve hoods shall be kept in place when the tanks are not in use. Unless staged on a welding cart for use, empty or full oxygen and acetylene gas cylinders must be segregated by at least 20 feet or by a fire wall with a 30 minute rating at least five feet high.

[26.](l) No flammable, explosive, toxic, or hazardous liquids, gases, or chemicals shall be placed, stored, or used in any building or part of a building used for school purposes, except in approved quantities as necessary for use in laboratories, instructional shop[s]classes, and [approved] utility rooms. [Such]Hazardous liquids[,]or gases[, or chemicals] shall be [kept]stored in tightly sealed containers and hazardous liquids, gases, and chemicals shall be stored in locked safety cabinets or [approved]locked storage rooms when not in [actual] use.

(m) Electrical wiring and components shall be maintained in good repair. Electrical panels must maintain a three foot clearance free of obstructions.

 

R392-200-[8]10. [Inspection and Enforcement]Access.[

A. Inspection Frequency

1. An inspection of a school shall be performed at least once every six months. Additional inspections of the school shall be performed as often as necessary for the enforcement of this rule.

2. Whenever a school is constructed or extensively remodeled, the owner or person in charge thereof shall notify the Department or local health officer having jurisdiction, to arrange for an inspection of the school facilities prior to being put into use in order to determine compliance with this rule.]

[B. Access.] The [Director,] local health [officer]department [, or their] representative, after showing proper identification, shall be [permitted]granted access to enter any school at any reasonable time for the purpose of making inspections to determine compliance with this rule.[

C. Report of Inspections. Whenever an inspection of a school is made, the findings shall be recorded on an inspection report form acceptable to the Director.

D. Correction of Violations. The completed inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified.

E. Enforcement

1. The Director and local health officer are charged with the enforcement of the provisions of this rule.

2. The provisions of this rule shall not prevent any city, county, or city and county health department or district from adopting and enforcing standards of sanitation, health, safety, and hygiene for schools more strict than those contained in this rule.

3. Primary enforcement of this rule shall be the responsibility of the local health department. The Director shall periodically review and determine the adequacy of enforcement by local health departments and cooperate with and provide assistance to local health departments if he determines enforcement by a local health department is inadequate.

4. The Director or the local health officer may, if he determines a serious health hazard exists, order closed all or part of a school.]

 

KEY: public health, schools

Date of Enactment or Last Substantive Amendment: [February 16, 2011]2013

Notice of Continuation: January 20, 2012

Authorizing, and Implemented or Interpreted Law: 26-15-2