As Passed by the Senate 1 122nd General Assembly 4 Regular Session Sub. S. B. No. 192 5 1997-1998 6 SENATORS FURNEY-SHEERER-DIX-DRAKE-SCHAFRATH-HERINGTON-HAGAN- 8 McLIN-J. JOHNSON-SHOEMAKER-DiDONATO-KEARNS-CUPP 9 11 A B I L L To enact sections 1541.032 and 3701.18 of the 13 Revised Code with regard to the bacterial testing 14 of swimming and bathing areas and the posting of 15 advisory signs. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17 Section 1. That sections 1541.032 and 3701.18 of the 19 Revised Code be enacted to read as follows: 20 Sec. 1541.032. THE CHIEF OF THE DIVISION OF PARKS AND 23 RECREATION SHALL ENSURE THAT THE WATERS OF THIS STATE UNDER THE 24 DIVISION'S CONTROL THAT ARE USED BY THE PUBLIC FOR SWIMMING AND 25 BATHING ARE SAMPLED AND TESTED IN ACCORDANCE WITH THE TECHNIQUES 26 AND PROCEDURES ESTABLISHED BY THE DIRECTOR OF HEALTH UNDER 27 SECTION 3701.18 OF THE REVISED CODE. THE DEPARTMENT OF HEALTH 28 MAY ASSIST THE DIVISION OF PARKS AND RECREATION IN THE SAMPLING 29 AND TESTING OF THE WATERS. ON RECEIPT OF NOTIFICATION BY THE DIRECTOR OF HEALTH UNDER 32 SECTION 3701.18 OF THE REVISED CODE THAT THE BACTERIA LEVELS IN 33 THE WATERS TESTED PRESENT A POSSIBLE HEALTH RISK TO PERSONS USING 34 THE WATERS FOR SWIMMING AND BATHING AND THAT THE POSTING OF SIGNS 35 ADVISING THE PUBLIC OF THE CONDITION IS WARRANTED, THE CHIEF OF 36 THE DIVISION OF PARKS AND RECREATION SHALL ENSURE THAT 37 APPROPRIATE SIGNS ARE POSTED IN APPROPRIATE LOCATIONS AT THE 38 AFFECTED AREA. Sec. 3701.18. THE DIRECTOR OF HEALTH SHALL ESTABLISH 41 TECHNIQUES AND PROCEDURES AS APPROPRIATE FOR USE BY THE DIVISION 42 2 OF PARKS AND RECREATION IN THE DEPARTMENT OF NATURAL RESOURCES 43 WHEN TAKING SAMPLES AND CONDUCTING TESTS UNDER SECTION 1541.032 44 OF THE REVISED CODE OF THE WATERS OF THIS STATE UNDER THE 45 DIVISION'S CONTROL THAT ARE USED BY THE PUBLIC FOR SWIMMING AND BATHING. 46 THE DIRECTOR SHALL INTERPRET THE RESULTS OF THE WATER TESTS 48 CONDUCTED UNDER SECTION 1541.032 OF THE REVISED CODE. IF THE 50 DIRECTOR'S INTERPRETATION INDICATES THAT THE BACTERIA LEVELS IN 51 THE WATERS TESTED PRESENT A POSSIBLE HEALTH RISK TO PERSONS USING 52 THE WATERS FOR SWIMMING AND BATHING AND THAT THE POSTING OF SIGNS 53 ADVISING THE PUBLIC OF THE CONDITION IS WARRANTED, THE DIRECTOR 54 SHALL NOTIFY THE CHIEF OF THE DIVISION OF PARKS AND RECREATION. 55