Notice of Proposed Rule

State Board of Education
Rule No. : RULE TITLE :
6A-2.0040: Sanitation Standards in K-12 Private Schools
PURPOSE AND EFFECT: The purpose and effect of this rule is to adopt sanitation standards for K-12 private schools pursuant to Section 381.006(16), Florida Statutes.
SUMMARY: The proposed rule prescribes the minimum standards of sanitation and safety for K-12 private schools. The standards include requirements for the school site, playground equipment, building construction and maintenance, lighting, ventilation, sanitary facilities, water supply, sewage disposal, solid waste, pest control, first aid kit, diaper changing station, animal health and safety, and dormitories. The proposed rule provides that if a requirement conflicts with the Florida Building Code or the Florida Fire Prevention Code, then that code shall prevail.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that the rule will not have an adverse impact on small business. Except for the portions of the rule under subsections (12)-(14), the proposed rule has simply been transferred from the Department of Health, Rule 64E-13.004, F.A.C. The portions of the rule under subsections (12)-(14) will have a minimal impact.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
LAW IMPLEMENTED: 381.006(6), (16) FS.
DATE AND TIME: May 17, 2011, 8:30 a.m.
PLACE: St. Petersburg College, EpiCenter, Collaborative Labs, 13805 58th St. N., Largo, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Kooi, Executive Director, Office of Independent Education and Parental Choice, 325 West Gaines Street, Room 522, Tallahassee, Florida 32399, (850)245-0502


6A-2.0040 Sanitation Standards in K-12 Private Schools.

This rule prescribes minimum requirements and standards of sanitation and safety for K-12 private schools, as defined in Section 1002.01, Florida Statutes, located within the state regardless of the nature of the school, its ownership or organization. If a requirement in this rule conflicts with a specific requirement in the Florida Building Code adopted under Chapter 9N-1, F.A.C., or the Florida Fire Prevention Code under Chapter 69A-60, F.A.C., then that code shall prevail.

(1) School Site. The school site including areas used for playgrounds and that immediately adjacent to school buildings shall be provided with adequate facilities for surface drainage. A site should remain free from health threats from hazardous materials.

(2) Playgrounds and Athletic Equipment. Playgrounds shall be constructed and maintained to permit maximum utilization of sites with elimination of sanitary and health hazards including mudholes, fragments of glass, stone and similar obstructions.

(a) Fixed playground equipment shall be anchored with substantial foundations so maximum safety is obtained.

(b) Athletic and recreational equipment and facilities must be kept clean and in a safe condition. Fences and equipment shall be maintained so that no jagged or sharp projections exist.

(c) Cushioning materials such as mats, wood chips, or sand shall be used under climbing equipment, slides, and swings.

(3) Building Construction and Maintenance.

(a) School construction and remodeling shall conform to construction requirements of the Florida Building Code and the requirements of the local building authority. School buildings shall be maintained so that they are vermin-proofed.

(b) Buildings shall be kept clean and in good repair, free from hazardous conditions such as loose or broken floor tiles and boards; loose moldings; loose hanging fixtures, pipes, and electric wires; and broken plaster.

(c) Furnishings and equipment shall be kept clean and in good repair, free of missing parts and hazards such as sharp edges.

(4) Lighting Standards.

(a) Illumination in all instructional spaces shall be capable of providing a minimum of forty (40) foot-candles at normal task level.

(b) All required illumination shall be designed so that the failure of any single unit, such as the burning out of an electric bulb will not leave any occupied area or means of egress in darkness.

(5) Heating, Ventilation and Air Conditioning Standards.

(a) Permanent type school buildings and additions to school buildings shall be provided with heating facilities. Heating facilities shall be designed to heat to a temperature of not less than seventy (70) degrees fahrenheit, in instructional rooms, locker rooms and cafeterias; and sixty-five (65) degrees fahrenheit in toilets and activities rooms, such as gymnasiums and shops.

(b) No school plant or portion thereof shall be equipped with any type of equipment in which fumes of combustion or fuel may be discharged or can escape into the interior of buildings.

(c) Heat producing appliances and systems shall be installed in accordance with requirements of the local building and fire authority.

(d) Ventilation and air conditioning. All occupied rooms and other rooms where odors or contaminants are generated shall be vented to the outside. Ventilation rates shall comply with those specified in the local building code.

1. Natural ventilation.

a. When natural air flow is used in instructional spaces, it shall be designed and maintained to assure cross ventilation.

b. Gravity and wind operated ventilators shall not be used as an exhaust medium in instructional areas but may be in general storage rooms.

2. Mechanical ventilation.

a. All occupied spaces which do not meet the requirements for natural ventilation shall be mechanically ventilated by means of electrically operated exhausts. The ventilation system shall be maintained to insure air movement throughout the room at the level of the seated student. Fans and blowers shall be maintained to provide the required air movement without excessive or disturbing noise. Exhaust from dishwashing areas shall not be through the kitchen.

b. Mechanical ventilation systems shall be maintained in areas of high air contamination such as paint shops, auto repair shops and chemistry laboratories, art rooms where kilns are used, wood working and metal shops, and chemical storerooms.

(6) Sanitary Facilities. Every school plant shall be provided with toilet and hand washing facilities for all occupants. These facilities shall be located for convenient student access and faculty supervision and kept clean and in good repair.

(a) Toilet Facilities.

1. All group toilet rooms shall be provided with at least one (1) floor drain and (1) hose bib. The floor shall be sloped to the drain. Stall urinals do not serve for the required floor drains.

2. In group toilet rooms a partition shall be placed between each water closet. Each compartment shall have a privacy partition. Entrances to group toilet rooms shall be provided with a partition or other privacy shielding device to block the occupants from view. The toilet partitions and floors shall be finished with impervious materials.

3. Deodorizers shall not be used in toilet rooms. Air deodorizers are not to be confused with disinfectants.

(b) Handwashing facilities.

1. Handwashing facilities shall be located within or adjoining each toilet room.

2. Soap dispensers shall be provided at all wash basins and liquid or powdered soap shall be used.

3. Individual towels, preferably paper shall be used. Use of common or public towels is prohibited. Hot-air hand drying devices may be used.

(c) Showers.

1. When provided, shower rooms and stalls shall have floors and walls finished with dense non-absorbent and non-corrosive materials having a smooth impervious surface.

2. Water shall be heated and the temperature at the shower head shall not exceed one hundred ten (110) degrees fahrenheit nor be less than ninety-five (95) degrees fahrenheit.

3. Showers must be kept clean and free of mildew.

4. Foot baths shall not be provided.

(7) Water Supply.

(a) The water supply shall be operated and maintained in compliance with Chapters 62-550 and 62-555 or Chapter 64E-8, F.A.C.

(b) Drinking fountains of an approved, sanitary slant jet type shall be provided in the ratio specified in the local building code. In no case shall fountains be located in any toilet room.

(8) Sewage Disposal. Sewage shall be disposed of in accordance with Chapter 62-600 or 64E-6, F.A.C., whichever is applicable. Sewage treatment and disposal systems at schools shall be maintained in compliance with the applicable chapter.

(9) Solid Waste. Garbage, trash, and rubbish shall be collected, stored, and disposed of at a frequency and in a manner that prevents a sanitary nuisance. Wet garbage shall be collected and stored in impermeable, leak proof, fly tight containers pending disposal. Outdoor waste containers must be easily cleanable and serviceable. Waste containers and the storage area shall be cleaned at frequent intervals to prevent odors and breeding places for vermin. Waste water from the cleaning of garbage containers shall be disposed of as sewage. Removal and disposal of garbage shall comply with Chapter 62-701, F.A.C.

(10) Pest Control. Effective measures shall be used to prevent harborage, propagation, or infestations of rodents, flies, cockroaches, and other vermin on school premises. Brush, trash or other unnecessary material shall not be allowed to accumulate on school premises. Water must not be allowed to accumulate in any open containers, such as buckets and tires.

(11) First Aid Kit. Schools shall own and maintain a first aid kit available to pupils under supervision of an adult at all times while school is in session.

(12) Diaper Changing Station.

(a) A diaper changing station shall be located in or adjacent to any classroom where children wearing diapers are enrolled.

(b) A hand lavatory shall be provided within the changing station area. Access shall be provided to the lavatory without opening doors or touching handles.

(c) Diaper changing stations, when provided, must be equipped with an impermeable changing mat that is cleaned and sanitized after each use. The use of tape to cover rips or tears in the impervious mat covering is prohibited.

(d) Diaper changing tables must be maintained in a safe and secure condition at all times.

(e) A sanitizer that is approved by the Environmental Protection Agency (E.P.A.) shall be available at the changing station. The sanitizer shall be prepared according to the manufacturer’s instructions and used as directed on the label.

(f) A garbage can equipped with a tight fitting lid and lined with an impermeable garbage bag must be located at the diaper changing station. The garbage can must be cleaned and sanitized at least daily.

(13) Animal Health and Safety. Animals living in or visiting an educational facility shall comply with the requirements of this subsection.

(a) Animals requiring rabies vaccination under Section 828.30, Florida Statutes, must be vaccinated for rabies and their vaccinations must be current at the time of inspection. Proof of rabies vaccination or veterinary certification of vaccination exemption shall be kept on the school premises at all times and made available to the local county health department upon request.

(b) All animals must be kept free from disease and in good health or under treatment by a licensed veterinarian.

(c) Aggressive, venomous, or potentially dangerous animals must be restricted from access by the students at all times and kept in such a manner so as not to be able to become free roaming and cause or inflict harm to the students, visitors, or employees. These animals may not be housed in the students sleeping quarters or dormitory sleeping areas.

(d) Animal housing, cage, aquarium, barn or other housing arrangements shall be kept clean and in good repair. Food and clean water shall be adequately supplied and accessible to the animal.

(14) Dormitories and Residential School Facilities.

(a) Dormitories and residential school facilities shall be maintained in good condition, clean, free from pest infestations and noisome odors, and shall be free of health and safety hazards.

(b) Dormitories and residential school facilities, located on the premises of a school, shall not be part of the routine inspection of the school facility. Dormitories shall be inspected on a complaint basis.

Rulemaking Authority 381.006(16) FS. Law Implemented 381.006(6), (16) FS. History–New_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Kooi, Executive Director, Office of Independent Education and Parental Choice
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric Smith, Commissioner, Department of Education