RULES AND REGULATIONS
Title 37--LAW
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
[37 PA. CODE CHS. 201 AND 203]
Administration of the Training Program
[26 Pa.B. 6076] The Municipal Police Officers' Education and Training Commission (Commission), by this order reserves Chapter 201 (relating to administration of the program) and adopts Chapter 203 (relating to administration of the program) under the authority of section 5(15) of the act of June 18, 1974 (act) (P. L. 359, No. 120) (53 P. S. § 744 (15)), to read as set forth in Annex A. Notice of proposed rulemaking was published at 26 Pa.B. 2793 (June 15, 1996), with an invitation to submit written comments within 30 days of publication. The Commission received three comments.
Comments Received
The Commission received comments from the Independent Regulatory Review Commission (IRRC), the East Fallowfield Township Police Department and the Criminal Justice Training Center at Indiana University of Pennsylvania. The following is a summary of the comments received and the Commission's response:
(1) The East Fallowfield Township Police Department suggested the Commission consider amending § 203.11(4)(v) (relating to visual acuity) to read that applicants have visual acuity correctable to 20/20 in the stronger eye and 20/40 in the weaker eye, with normal depth and color perception and free of any significant visual abnormalities. This amendment was suggested because of perceived Americans With Disabilities Act conflicts. After discussion and research, the Commission declined to act on this suggestion. Under a number of circumstances, police officers may not have vision correction available, have it dislodged or not functioning properly but will still be expected to perform their duties. The uncorrected 20/200 standard is the point at which a person is legally blind. Without these requirements there would be little to prevent applicants with dangerously poor vision from being employed as police officers, and it would be impossible for them to safely and effectively perform various duties without vision correction.
(2) The Criminal Justice Training Center at Indiana University of Pennsylvania wrote the Commission with concerns regarding geographic locations of schools, school policies on school absences and due process for decertified schools. Many of the enumerated concerns were specifically addressed in the proposed rulemaking. As noted in § 203.1 (relating to definitions), language regarding each geographic location was included to more accurately represent the network of basic training facilities throughout this Commonwealth. School directors were provided flexibility in permitting excused absences for valid reasons under § 203.11 (relating to absences) which also requires 100% attendance by applicants. The Commission does not have the authority under § 203.31 (relating to eligibility for school certification) to decertify a school without due process. The due process procedure in § 203.102 (relating to adverse determination) and affords a hearing if the Commission revokes a previously issued school certification. The proposed rulemaking requires the Commission to take the amount of necessary police training into consideration when making decisions on school certification, rather than permitting schools to conduct training programs in any location desired and makes the Commission responsible to establish and administer the basic training course.
(3) IRRC suggested many amendments to the proposed regulations. IRRC believes the Commission has the authority to revoke police officers' certifications before the expiration of the 2-year certification. The Commission agrees with the IRRC comment and stated that the legal issue is not authority, but the fact that during the 2-year certification period the Commission will not have knowledge of police officers not completing requirements until the period ends. If the Commission is advised, revocation may be instituted. The Commission has added the ability for municipalities to request additional time for police officers to complete in-service training requirements under § 203.14 (relating to revocation of certification).
IRRC advised that the Department of Conservation and Natural Resources, Bureau of State Parks, requested a provision be included that would permit the Commission to provide instructor training to law enforcement officers employed by the Bureau of State Parks. The Commission declines this amendment because of the large number of other agencies also requesting instructor training. Commission resources are not sufficient to be able to train a larger number of instructors each year for mandatory in-service training. As a matter of policy, the Commission is not able to make exceptions for one request and not another. Rank and file officers from these agencies are able to receive training under § 203.82(b) (relating to law enforcement agency not eligible for reimbursement).
IRRC proposed amending § 203.51(a) (relating to basic police training course curriculum) to include the specific number of hours required in the basic police training course because it believes that the number of hours (or minimum number of hours) is essential information that should be established in the regulations. The Commission declined to act on this suggestion based on the fact that it is the Commission which provides schools with the entire curriculum which may not be modified in any way by the school. Additionally, the curriculum is periodically revised. The revisions may be due to court decisions which required immediate dissemination, or by the periodic updating and validation though an outside consultant hired under contract. The Commission has agreed to amend the section by adding language requiring it to publish a notice in the Pennsylvania Bulletin and in the Commission newsletter whenever the number of hours required in the basic police training course changes as a means of ensuring public dissemination of this essential information.
IRRC proposed various amendments to various portions of §§ 203.1, 203.11, 203.12(2)(ii), 203.14(a), 203.31, 203.33, 203.35, 203.36, 203.51, 203.52, 203.54, 203.72, 203.73, 203.83 and Subchapter G which the Commission adopted.
Purpose
The purpose of these final-form regulations is to implement mandatory recruit training for all police officers subject to the act, to provide for certification of those individuals who successfully complete the training, pass a State certification test and are employed by a political subdivision or certain colleges or are deputy sheriffs employed by the Allegheny County Sheriff's Office. The final-form regulations also provide that certifications must be renewed every 2 years and mandate that an officer must complete at least 12 hours of in-service training yearly and maintain certification in first aid, CPR and weapons qualification. The regulations also set physical, psychological and criminal standards for police officers. Those officers that do not meet the standards are subject to decertification by the Commission.
Effect
The final-form regulations affect every police officer as that term is defined in section 2 of the act (53 P. S. § 741). All existing school certifications shall continue. All existing police officer certifications shall continue until their expiration date. Those police officer certifications without an expiration date shall expire December 21, 1996. Existing instructor certifications issued to instructors who have taught at a certified school during the 2 years preceding publication for adoption of the final rulemaking shall continue, all others shall expire December 21, 1996.
Policy
There is a policy issue concerning the impact of these amendments on current officers. Officers will have to comply with mandatory in-service training, first aid, CPR and weapons qualifications yearly, or they may be decertified. Therefore, some officers who were grandfathered for basic training purposes, will now have to comply with mandatory in-service training, first aid, CPR and weapons qualification requirements for the first time. Most police officers have been complying with the nonmandatory basis since Act 180 of 1988 became law. Police officers will also be required to meet standards for physical and psychological fitness and with regard to criminal convictions, or face the possibility of being decertified.
Fiscal Impact
The final-form regulations will have no additional fiscal impact on the Commonwealth.
The costs to municipalities would be for transportation of officers to in-service training schools and in maintaining first aid, CPR and firearms qualifications, and any costs associated with paying overtime or salary to officers attending the trainings. The proposed regulations do not, however, require political subdivisions to pay salary to officers attending in-service training.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 25, 1996, the Commission submitted a copy of the notice of proposed rulemaking, published at 26 Pa.B. 2793, to IRRC and to the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Commission also provided IRRC and the Committees with copies of the comments received, as well as other documentation.
In preparing these final-form regulations, the Commission considered the comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House Judiciary Committee and the Senate Law and Justice Committee on November 15, 1996. IRRC met on November 21, 1996, and approved these final-form regulations in accordance with section 5(c) of the Regulatory Review Act.
Contact Person
The contact person is Major Richard C. Mooney, Executive Director, Municipal Police Officers' Education and Training Commission, 75 East Derry Road, Hershey, PA, 17033, who may be contacted at (717) 533-5987 for further information.
Findings
The Commission finds that:
(1) Public notice of intention to adopt these final-form regulations has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the final-form regulations of the Commission in the manner provided in this order is necessary and appropriate. A public comment period was provided as required by law and that the comments received were considered.
(3) The modifications that were made to these final-form regulations in response to comments received do not enlarge the purpose or scope of the proposed amendments published at 26 Pa.B. 2793.
(4) The adoption of the final-form regulations in the manner provided is necessary and appropriate for the administration of the authorizing statute.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 37 Pa. Code Chapters 201 and 203, are amended by deleting §§ 201.1--201.4, 201.11--201.18, 201.20--201.29, 201.41--201.44 and 201.51; and by adding §§ 203.1, 203.11--203.15, 203.31--203.36, 203.51--203.54, 203.71--203.73, 203.81--203.83 and 203.101--203.103 to read as set forth in Annex A.
(b) The Chairperson of the Commission shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Chairperson of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
COLONEL PAUL J. EVANKO,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 5915 (December 7, 1996).)
Fiscal Note: Fiscal Note 17-55 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 37. LAW
PART IV. MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Subpart A. MUNICIPAL POLICE OFFICERS TRAINING PROGRAM
CHAPTER 201. (RESERVED)
CHAPTER 203. ADMINISTRATION OF THE PROGRAM Subch.
A. GENERAL B. POLICE OFFICER CERTIFICATION REQUIREMENTS C. SCHOOL REQUIREMENTS D. COURSE REQUIREMENTS E. INSTRUCTOR CERTIFICATIONS F. REIMBURSEMENT OF EXPENSES G. NOTICE AND HEARINGS
Subchapter A. GENERAL Sec.
203.1. Definitions. § 203.1. Definitions.
In addition to the definitions contained in the act, the following words and terms, when used in this chapter, have the following meanings:
Act--The act of June 18, 1974 (P. L. 359, No. 120) (53 P. S. §§ 740--749).
Certification--The assignment of a certification number to a police officer evidencing successful completion of a mandatory basic training course or receipt of a waiver of basic training from the Commission and successful completion of mandatory in-service training.
Certified police officer--A police officer who is authorized to enforce 18 Pa.C.S. (relating to the Crimes Code), moving violations of 75 Pa.C.S. (relating to the Vehicle Code), and carry a firearm.
Chairperson of the Commission--The Commissioner of the State Police.
Commission--The Municipal Police Officers Education and Training Commission.
Conviction--An adjudication of guilt including the imposition of a sentence.
Disqualifying criminal offense--A criminal offense for which more than 1 year in prison can be imposed as punishment.
Executive Director--The Commission elected head of staff responsible for administration. See section 5(10) of the act (53 P. S. § 744(10)).
Program--The Municipal Police Officers' Education and Training Program.
School--A training school or academy which provides a basic police training course. The term includes an organization which provides such a course within the functional organization of a police department or any educational entity within this Commonwealth which provides such a course at its base facility and at other locations approved by the Commission. Each separate geographical location shall be considered a school.
Subchapter B. POLICE OFFICER CERTIFICATION REQUIREMENTS Sec.
203.11. Qualifications. 203.12. Waiver of training. 203.13. Certification as a municipal police officer. 203.14. Revocation of certification. 203.15. Application of packet submission. § 203.11. Qualifications.
Persons who are to be employed as police officers by police departments within this Commonwealth from December 21, 1996, shall:
(1) Be 18 years of age or older.
(2) Possess a high school diploma or GED Equivalency.
(3) Be citizens of the United States.
(4) Be free from convictions of disqualifying criminal offenses.
(5) Be personally examined by a Pennsylvania licenced physician. The examination shall include the following:
(i) Applicants shall be free from the addictive or excessive use of either alcohol or drugs which shall be determined using current laboratory testing procedures.
(ii) Applicants shall be free from the use of illegal controlled substances which shall be determined using current laboratory testing procedures.
(iii) Applicants physical condition shall be such that applicants could reasonably be expected to withstand significant cardiovascular stress.
(iv) Applicants shall be free from any debilitating conditions such as tremor, incoordination, convulsion, fainting episodes or other neurological conditions which may affect the applicants' ability to perform as police officers.
(v) Applicants shall have visual acuity of at least 20/70, uncorrected in the stronger eye, correctable to at least 20/20; and at least 20/200, uncorrected in the weaker eye, correctable to at least 20/40. In addition, the applicant shall have normal depth and color perception and be free of any other significant visual abnormality.
(vi) Applicants shall have audio acuity sufficient to distinguish a normal whisper at a distance of 15 feet. The test shall be independently conducted for each ear while the tested ear is facing away from the speaker and the other ear is firmly covered with the palm of the hand. The applicant may not use a hearing aid or other aid to perform the test. If the applicant fails this test, the applicant shall be required to take and pass a decibel audio test.
(vii) Applicants may not be missing any extremities, including digits, which would prevent performance of required police duties or meeting minimum training requirements.
(viii) Applicants shall be free from any other sig-nificant physical limitations or disabilities which would, in the physician's opinion, impair the applicant's ability to perform the duties of a police officer or complete the required minimum training requirements.
(6) Be personally examined by a Pennsylvania licensed psychologist and found to be psychologically capable to exercise appropriate judgment or restraint in performing the duties of a police officer. The examination shall include the following elements:
(i) Interview and history. The psychologist shall personally interview the applicant. The interview shall include a summary of the applicant's personal, educational, employment and criminal history.
(ii) Required psychological test. Applicants shall be administered a current standard form of the Minnesota Multiphasic Personality Inventory (MMPI).
(iii) Other testing methods. If the licensed psychologist is unable to certify the applicant's psychological capability to exercise appropriate judgment and restraint to perform the duties of a police officer including the handling of a lethal weapon, the psychologist shall employ whatever other appropriate techniques to form a professional opinion of the applicant's ability. The use of these additional techniques requires a full and complete written explanation to the Commission on a form submitted by the psychologist to the Commission indicating what additional testing has been performed and the results of the tests.
(7) Certify whether they have taken a physical examination or psychological evaluation conducted in conjunction with an application for police employment within the previous year and the outcome of the examination or evaluation.
(8) Be subject to a thorough background investigation conducted by the applicant's employing police department. The investigation shall include the following:
(i) A criminal history check including the submission of fingerprints to the Central Repository for the Commonwealth and to the Federal Bureau of Investigation.
(ii) A check of the applicant's credit history.
(iii) Personal interviews conducted with at least 3 people that have personal knowledge of the applicant but are not related to the applicant.
(iv) Interviews of the applicant's employers, if any, for the past 5 years to determine the applicant's work history.
(v) A check of the applicant's driving record verifying that the applicant has a valid driver's license.
(9) Successfully complete a basic police training course given at a Commission-certified school or obtain a waiver of training as enumerated in § 203.12 (relating to waiver of training).
(i) Successful completion of a basic police training course shall be determined by the training school, based upon Commission standards.
(ii) To qualify for this certification, an applicant shall:
(A) Achieve a minimum qualifying firearms score of 75%.
(B) Receive certification for First Aid and CPR from the American Red Cross, the Department of Health, the American Heart Association or other agencies approved by the Department of Health.
(C) Comply with Commission and school rules and regulations.
(D) Pass the same certification exam administered to those seeking waiver of training as set forth in § 203.12(4).
(E) Attend 100% of all classes.
(I) Excused absences shall be mutually agreed upon by the police officer's department head and school director. School directors shall determine excused absences for applicants not employed as police officers.
(II) Excused absentees shall include personal illness or injury, illness in the immediate family requiring the applicant's attention or death in the immediate family.
(F) Complete the basic training course approved by the Commission with a minimum grade as established by the Commission. The Commission will publish a notice in the Pennsylvania Bulletin and in the Commission newsletter whenever the minimum grade on each tested area of examination changes.
(I) Applicants not achieving the minimum grade in any tested area are permitted to take the examination in that tested area at another Commission-certified school. If the applicant fails to achieve the minimum grade on the applicant's second attempt, the applicant shall be required to successfully retake and pass the entire basic police training course in order to qualify for certification.
(II) Applicants not achieving the minimum grade in two separate tested areas during one basic police training course shall be required to retake and pass the entire basic police training course in order to qualify for certification.
§ 203.12. Waiver of training.
Applications for certification for which waivers of training are requested shall be submitted by the applicant's employing police department. An applicant for a waiver of training shall:
(1) Be employed as a police officer.
(2) Satisfy one of the following conditions:
(i) Successfully completed a Pennsylvania basic police training course approved by the Commission.
(ii) Previously was a Commission-certified police officer and left this position in good standing.
(iii) Previously was employed as a full-time police officer in this Commonwealth before June 18, 1974, who was not required to obtain certification from the Commission, and worked as a full-time police officer for at least 5 years.
(iv) Previously or currently employed as a full-time police officer of another state and met the certification standards of that state, as evidenced by documentation from the state agency responsible for establishing the standards.
(3) Undergo proficiency testing in the following three areas. Documentary proof of each qualification shall accompany the waiver of training application.
(i) Firearms. Applicants shall qualify on a police firearms course conducted by a certified police firearms instructor with the weapons the applicant will use in the performance of his police duties. The Commission will publish the requirements for a police firearms course in the Commission newsletter on an annual basis.
(ii) First Aid/CPR. Applicants shall have valid certification in first aid and adult, child and infant CPR, from the American Red Cross, the American Heart Association, the Department of Health or other agency approved by the Department of Health.
(iii) Patrol vehicle operation. Applicants shall successfully pass the patrol vehicle operation test required in the basic police training course at a certified school or by a certified instructor.
(4) Take a certification examination administered by the Commission at a location and time designated by the Commission. The schedule for the examinations may be obtained by writing the Commission office.
(i) The examination will be comprised of sections which shall coincide with each major topic in the basic training curriculum, but shall exclude those topics which can be proficiency tested only. See paragraph (3).
(ii) The minimum passing score for each tested section will be established by the Commission. The Commission will publish a notice in the Pennsylvania Bulletin and in the Commission newsletter whenever the minimum passing score for each tested section changes.
(A) An applicant for a waiver of training who does not achieve a passing score in a tested area shall take the basic police training course corresponding to the failed examination section at a school certified by the Commission, in order to be permitted to retake the certification examination.
(B) Applicants will not be certified without obtaining a passing score on the certification examination.
(iii) Examination results shall be valid for 2 years. For applicants obtaining a passing score, no further examinations will be administered within this period.
§ 203.13. Certification as a municipal police officer.
(a) General.
(1) The Commission will supply written verification to the applicant's employing police department upon the applicant's completion of the Commission's requirements for certification as a police officer.
(2) Verification shall be valid only in the department identified on the document provided by the applicant. Upon termination of employment in a department, certification for that department shall be void and shall be returned to the Commission by the department.
(3) If the certification document has been lost or destroyed, a notarized statement shall be provided to the Commission concerning the certification.
(b) Initial certification.
(1) Initial certification is valid for 2 years from the date of issuance. The document provided by the Commission shall contain the dates of issuance and expiration in addition to a certification number for identification purposes.
(2) Upon receipt of certification a police officer is authorized to enforce 18 Pa.C.S. (relating to the Crimes Code) and moving violations of 75 Pa.C.S. (relating to the Vehicle Code), and to carry a firearm.
(c) Renewal of certification.
(1) The Commission will issue a renewal certificate only to police officers who have satisfied the mandatory in-service training requirements set forth under § 203.52. (relating to mandatory in-service training courses). Mandatory in-service training schools shall provide written notice to the Commission of all police officers who have successfully completed the mandatory in-service training course.
(2) Certification shall be renewed every 2 years.
§ 203.14. Revocation of certification.
(a) The Commission maintains the right to revoke certification after notice and an opportunity to be heard under Subchapter G (relating to notice and hearings) for one or more of the following:
(1) Failure to maintain employment as a police officer under the act.
(2) Failure to maintain first aid or CPR certification.
(3) Failure to qualify with firearms as specified in the Commission newsletter.
(4) Failure to successfully complete annual mandatory in-service training as specified in the Commission newsletter.
(5) Physical or psychological impairment which renders the officer permanently unable to perform his duties.
(6) Conviction for a disqualifying criminal offense.
(7) Submission to the Commission of a document that the police officer knows contains false information including fraudulent application.
(8) A certification issued in error.
(9) Cheating.
(b) Under subsection (a)(1),(5) and (6), it shall be the responsibility of the head of the applicant's employing police department to provide written notice to the Commission of the following:
(1) An officer's termination of employment.
(2) An officer who has been determined to have a permanent physical or psychological condition which renders the officer unable to perform his duties.
(3) An officer's arrest for a disqualifying offense within 15 days from the date of arrest.
(c) Municipalities may request additional time for police officers to complete in-service training requirements by filing a show cause document with the Commission requesting additional time. These requests shall be filed on a form supplied by the Commission and considered by the Commission on a case-by-case basis.
§ 203.15. Application packet submission.
(a) General.
(1) Forms shall be original.
(2) Forms shall be typewritten.
(3) Signatures shall be original.
(b) Application packets. Application packets may be obtained by contacting the Commission at the Commission office. Each application packet shall include:
(1) One application form for certification. All questions shall be answered and the appropriate sections completed.
(2) Two fingerprint cards--one State Police Applicant Fingerprint Card and one FBI Applicant Fingerprint Card.
(i) Only fingerprint cards obtained from the Commission may be submitted with the application for certification.
(ii) The fingerprints of the applicant shall be affixed on the fingerprint cards.
(iii) Both fingerprint cards shall contain the contributor number PAPSP0100. Criminal fingerprint cards or fingerprint cards not containing the contributor number will not be accepted.
(3) One physical examination form.
(i) Physical examinations shall be performed by a licensed physician or osteopath as described in § 203.11(4) (relating to qualifications).
(ii) The physical examination form shall be submitted regardless of the results of the examination.
(iii) At the discretion of the hiring authority, a physical examination conducted in conjunction with police employment may be valid for 6 months and may be used in support of any police employment application during that period. If a change in the applicant's physical condition invalidates the prior physical examination, a reexamination shall be necessary.
(4) One psychological evaluation form.
(i) Psychological evaluations shall be performed by a licensed psychologist as described in § 203.11(5).
(ii) The psychological evaluation form shall be submitted regardless of the results of the evaluation.
(iii) At the discretion of the hiring authority, a psychological evaluation specifically conducted in conjunction with police employment may be valid for 6 months and may be used in support of any police employment application during that period. If a change in the applicant's psychological condition invalidates the prior psychological evaluation, a reevaluation shall be necessary.
(c) Submission of packets. Application packets shall be submitted by the head of the applicant's employing police department when an officer must attend basic police training or when a waiver of training is requested.
Subchapter C. SCHOOL REQUIREMENTS Sec.
203.31. Eligibility for school certification. 203.32. Initial school certification procedure. 203.33. Minimum school standards and requirements. 203.34. School inspections. 203.35. Emergency suspension of school certification. 203.36. Revocation of school certification. § 203.31. Eligibility for school certification.
(a) The Commission will promote the most efficient and economical program for police training by utilizing existing facilities, programs, and qualified State, local and Federal police personnel. The Commission will determine the need for police training schools by:
(1) Considering the police population in the area.
(2) Determining if there is adequate police training available to support the police population.
(b) Until the Commission determines that additional schools are required, only those schools in existence and Commission-certified on or before January 1, 1994, shall be eligible for Commission certification.
§ 203.32. Initial school certification procedure.
(a) If the Commission determines there is a demonstrated need for additional schools and programs for police training, applications for initial school and training course certification will be accepted from all potential schools.
(b) Schools applying for initial school and training course certification shall:
(1) File an application for approval with the Commission on a form supplied by the Commission, which shall be signed by the school's director.
(2) Meet the requirements in § 203.33 (relating to minimum school standards and requirements).
(c) Commission approval will be as follows:
(1) Upon receipt of an application, the Commission Chairperson will designate an inspection committee to inspect the facilities of those eligible entities applying for certification. The inspection committee shall prepare a report indicating which entities meet the minimum Commission standards. The report, along with all appropriate documentation, shall be presented to the Commission for final review.
(2) The Commission will review the application and inspection reports of the committee and certify those schools which meet the minimum standards of the act and this subchapter, and which promote the policy in § 203.31 (relating to eligibility for school certification).
(d) Certification of approved school and training course will be as follows:
(1) If the Commission determines that the application of the school and course complies with the act and this chapter, the Executive Director, in the name of the Commission, will affix a certification number to the approved application and the corresponding approval. This certification number will have the prefix MPS, for municipal police school. The certification number will be issued Statewide in numerical sequence, starting with 0001.
(2) If the Commission determines that the school does not meet the requirements of the act and this chapter, the Executive Director will notify the school by certified mail, return receipt requested, of the reasons upon which the adverse determination is based under Subchapter G (relating to notice and hearings). The school may request a hearing regarding the determination in accordance with Subchapter G.
§ 203.33. Minimum school standards and requirements.
(a) Schools shall initially meet and subsequently main-tain the following standards:
(1) Comply with applicable Federal, State or local statutes, and rules and regulations pertaining to the statutes and ordinances.
(2) School buildings shall comply with public safety standards in sections 1--14 of the act of April 27, 1927 (P. L. 465, No. 299)(35 P. S. §§ 1221--1235), known as the Fire and Panic Act.
(3) A comfortable temperature and proper ventilation shall be maintained in all classrooms.
(4) Noise shall be controlled so that each student can hear all instruction.
(5) Smoking shall be prohibited in any training facility authorized, approved or funded by the Commission, except in Commission-approved outdoor smoking areas.
(6) Artificial lighting facilities shall provide an adequate light intensity in all rooms used for instructional purposes, dormitory or study facilities.
(7) The drinking water facilities shall conform to the requirements prescribed for the facilities by the governmental authority having jurisdiction.
(8) There shall be separate, properly ventilated toilet and lavatory facilities for males and females. There shall be a sufficient number of flush toilets for females and a sufficient number of urinals and flush toilets for males. Each toilet room shall have at least one lavatory.
(9) Provisions shall be made for separate mens' and womens' locker and shower facilities.
(10) The furniture, equipment and supplies of the school shall be of a type, quality and amount to meet with the approval of the Commission.
(11) Sufficient space shall be available in the classrooms.
(12) Dining facilities, cafeterias, kitchens, dormitory facilities and recreational facilities shall comply with the construction and maintenance requirements prescribed for the facilities by the governmental authority having jurisdiction.
(13) Each school shall have and use a suitable area adequate for conducting physical conditioning and defensive tactics in a safe manner. At a minimum, the facilities shall contain the following:
(i) An Isokinetic weight machine.
(ii) A measured running course.
(iii) A minimum of 1 baton for every 2 students.
(iv) A minimum of 1 pair of handcuffs for every 2 students.
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