As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 192 5
1997-1998 6
SENATORS FURNEY-SHEERER-DIX-DRAKE-SCHAFRATH-HERINGTON- 8
HAGAN-McLIN-J. JOHNSON-SHOEMAKER-DiDONATO-KEARNS-CUPP- 9
REPRESENTATIVES VAN VYVEN-VESPER-OLMAN-WHALEN-WACHTMANN- 10
BRADING-WESTON-OGG-TERWILLEGER-GRENDELL-WILLAMOWSKI-METELSKY- 11
REID-PATTON-SALERNO-DAMSCHRODER-BRADY- 12
GARCIA-JOHNSON-BENDER-VERICH 13
_________________________________________________________________ 15
A B I L L
To enact sections 1541.032 and 3701.18 of the 17
Revised Code with regard to the bacterial testing 18
of waters adjacent to public swimming beaches and 19
the posting of advisory signs. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 1541.032 and 3701.18 of the 24
Revised Code be enacted to read as follows: 25
Sec. 1541.032. (A) AS USED IN THIS SECTION, "PUBLIC 27
SWIMMING BEACH" MEANS LAND ALONG A SHORELINE THAT IS UNDER THE 29
CONTROL OF THE DIVISION OF PARKS AND RECREATION AND IS USED BY 30
THE PUBLIC WHEN SWIMMING AND BATHING IN WATERS ADJACENT TO THE 31
BEACH.
(B) THE CHIEF OF THE DIVISION OF PARKS AND RECREATION 34
SHALL ENSURE THAT THE WATERS OF THIS STATE THAT ARE ADJACENT TO 35
PUBLIC SWIMMING BEACHES ARE SAMPLED AND TESTED IN ACCORDANCE WITH 36
THE TECHNIQUES AND PROCEDURES ESTABLISHED BY THE DIRECTOR OF 37
HEALTH UNDER SECTION 3701.18 OF THE REVISED CODE. THE DEPARTMENT 39
OF HEALTH MAY ASSIST THE DIVISION OF PARKS AND RECREATION IN THE 40
SAMPLING AND TESTING OF THE WATERS.
(C) ON RECEIPT OF NOTIFICATION BY THE DIRECTOR OF HEALTH 42
UNDER SECTION 3701.18 OF THE REVISED CODE THAT THE BACTERIA 44
2
LEVELS IN THE WATERS TESTED PRESENT A POSSIBLE HEALTH RISK TO 45
PERSONS USING THE WATERS FOR SWIMMING AND BATHING AND THAT THE 46
POSTING OF SIGNS ADVISING THE PUBLIC OF THE CONDITION IS 47
WARRANTED, THE CHIEF OF THE DIVISION OF PARKS AND RECREATION
SHALL ENSURE THAT APPROPRIATE SIGNS ARE POSTED IN APPROPRIATE 48
LOCATIONS AT THE AFFECTED AREA. 49
Sec. 3701.18. THE DIRECTOR OF HEALTH SHALL ESTABLISH 52
TECHNIQUES AND PROCEDURES AS APPROPRIATE FOR USE BY THE DIVISION 53
OF PARKS AND RECREATION IN THE DEPARTMENT OF NATURAL RESOURCES 54
WHEN TAKING SAMPLES AND CONDUCTING TESTS UNDER SECTION 1541.032 55
OF THE REVISED CODE OF THE WATERS OF THIS STATE THAT ARE ADJACENT 56
TO PUBLIC SWIMMING BEACHES AS DEFINED IN THAT SECTION. THE
DIRECTOR OF HEALTH, IN CONSULTATION WITH AND SUBJECT TO THE 57
APPROVAL OF THE DIRECTOR OF NATURAL RESOURCES, SHALL SPECIFY THE 58
FREQUENCY WITH WHICH AND LOCATION AT WHICH THE WATERS ARE TO BE 59
SAMPLED AND TESTED.
THE DIRECTOR SHALL INTERPRET THE RESULTS OF THE WATER TESTS 61
CONDUCTED UNDER SECTION 1541.032 OF THE REVISED CODE. IF THE 63
DIRECTOR'S INTERPRETATION INDICATES THAT THE BACTERIA LEVELS IN 64
THE WATERS TESTED PRESENT A POSSIBLE HEALTH RISK TO PERSONS USING 65
THE WATERS FOR SWIMMING AND BATHING AND THAT THE POSTING OF SIGNS 66
ADVISING THE PUBLIC OF THE CONDITION IS WARRANTED, THE DIRECTOR 67
SHALL NOTIFY THE CHIEF OF THE DIVISION OF PARKS AND RECREATION. 68