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