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SB 192
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As Passed by the House

122nd General Assembly
Regular Session
1997-1998

Am. Sub. S. B. No. 192

SENATORS FURNEY-SHEERER-DIX-DRAKE-SCHAFRATH-HERINGTON- HAGAN-McLIN-J. JOHNSON-SHOEMAKER-DiDONATO-KEARNS-CUPP-

REPRESENTATIVES VAN VYVEN-VESPER-OLMAN-WHALEN-WACHTMANN- BRADING-WESTON-OGG-TERWILLEGER-GRENDELL-WILLAMOWSKI-METELSKY- REID-PATTON-SALERNO-DAMSCHRODER-BRADY- GARCIA-JOHNSON-BENDER-VERICH

A BILL

To enact sections 1541.032 and 3701.18 of the Revised Code with regard to the bacterial testing of waters adjacent to public swimming beaches and the posting of advisory signs.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1541.032 and 3701.18 of the Revised Code be enacted to read as follows:

Sec. 1541.032. (A) AS USED IN THIS SECTION, "PUBLIC SWIMMING BEACH" MEANS LAND ALONG A SHORELINE THAT IS UNDER THE CONTROL OF THE DIVISION OF PARKS AND RECREATION AND IS USED BY THE PUBLIC WHEN SWIMMING AND BATHING IN WATERS ADJACENT TO THE BEACH.

(B) THE CHIEF OF THE DIVISION OF PARKS AND RECREATION SHALL ENSURE THAT THE WATERS OF THIS STATE THAT ARE ADJACENT TO PUBLIC SWIMMING BEACHES ARE SAMPLED AND TESTED IN ACCORDANCE WITH THE TECHNIQUES AND PROCEDURES ESTABLISHED BY THE DIRECTOR OF HEALTH UNDER SECTION 3701.18 OF THE REVISED CODE. THE DEPARTMENT OF HEALTH MAY ASSIST THE DIVISION OF PARKS AND RECREATION IN THE SAMPLING AND TESTING OF THE WATERS.

(C) ON RECEIPT OF NOTIFICATION BY THE DIRECTOR OF HEALTH UNDER SECTION 3701.18 OF THE REVISED CODE THAT THE BACTERIA LEVELS IN THE WATERS TESTED PRESENT A POSSIBLE HEALTH RISK TO PERSONS USING THE WATERS FOR SWIMMING AND BATHING AND THAT THE POSTING OF SIGNS ADVISING THE PUBLIC OF THE CONDITION IS WARRANTED, THE CHIEF OF THE DIVISION OF PARKS AND RECREATION SHALL ENSURE THAT APPROPRIATE SIGNS ARE POSTED IN APPROPRIATE LOCATIONS AT THE AFFECTED AREA.

Sec. 3701.18. THE DIRECTOR OF HEALTH SHALL ESTABLISH TECHNIQUES AND PROCEDURES AS APPROPRIATE FOR USE BY THE DIVISION OF PARKS AND RECREATION IN THE DEPARTMENT OF NATURAL RESOURCES WHEN TAKING SAMPLES AND CONDUCTING TESTS UNDER SECTION 1541.032 of the Revised Code OF THE WATERS OF THIS STATE THAT ARE ADJACENT TO PUBLIC SWIMMING BEACHES AS DEFINED IN THAT SECTION. THE DIRECTOR OF HEALTH, IN CONSULTATION WITH AND SUBJECT TO THE APPROVAL OF THE DIRECTOR OF NATURAL RESOURCES, SHALL SPECIFY THE FREQUENCY WITH WHICH AND LOCATION AT WHICH THE WATERS ARE TO BE SAMPLED AND TESTED.

THE DIRECTOR SHALL INTERPRET THE RESULTS OF THE WATER TESTS CONDUCTED UNDER SECTION 1541.032 OF THE REVISED CODE. IF THE DIRECTOR'S INTERPRETATION INDICATES THAT THE BACTERIA LEVELS IN THE WATERS TESTED PRESENT A POSSIBLE HEALTH RISK TO PERSONS USING THE WATERS FOR SWIMMING AND BATHING AND THAT THE POSTING OF SIGNS ADVISING THE PUBLIC OF THE CONDITION IS WARRANTED, THE DIRECTOR SHALL NOTIFY THE CHIEF OF THE DIVISION OF PARKS AND RECREATION.