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H. B. No. 416 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Adams, R., Beck, Boose, Grossman, Letson, Murray, Weddington, Yuko, Driehaus
A BILL
To amend sections 3749.01, 3749.02, 3749.03, 3749.04,
3749.05, 3749.06, and 3749.07 and to enact section
3749.08 of the Revised Code regarding public
pools, spas, and special use pools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3749.01, 3749.02, 3749.03, 3749.04,
3749.05, 3749.06, and 3749.07 be amended and section 3749.08 of
the Revised Code be enacted to read as follows:
Sec. 3749.01. As used in sections 3749.01 to 3749.10 of the
Revised Code:
(A) "Board of health" means a city board of health of a city
or a general health district, or an authority having the duties of
a
city board of health as authorized by section 3709.05 of the
Revised Code.
(B) "Health district" means any city or general health
district created pursuant to section 3709.01 of the Revised Code.
(C) "Person" means the state, any political subdivision,
special district, public or private corporation, individual, firm,
partnership, association, or any other entity.
(D) "Licensor" means a city board of health or a general
health district, an authority having the duties of a city board of
health as authorized pursuant to section 3709.05 of the Revised
Code, or the director of the department of health when acting
under section 3749.07 of the Revised Code.
(E) "Director" means the director of the department of health
or his an authorized representative of the director of health.
(F) "Private residential swimming pool" means any indoor or
outdoor structure, chamber, or tank containing a body of water for
swimming, diving, or bathing located at a dwelling housing no more
than three families and used exclusively by the residents and
their nonpaying guests.
(G) "Public swimming pool" means any indoor or outdoor
structure, chamber, or tank containing a body of water for
swimming, diving, or bathing that is intended to be used
collectively for swimming, diving, or bathing and is operated by
any person whether as the owner, lessee, operator, licensee
license holder, or concessionaire, regardless of whether or not a
fee is charged for use, but does not mean any public bathing area
or private residential swimming pool. "Public swimming pool"
includes a public swimming pool that is seasonal.
(H) "Public spa" means any public swimming pool that is
typically operated as a smaller, higher temperature pool for
recreational or nonmedical uses. "Public spa" includes a public
spa that is seasonal.
(I) "Special use pool" means a public swimming pool
containing flume slides, wave generating equipment, or other
special features that necessitate different design and safety
requirements. "Special use pool" includes a special use pool that
is seasonal. "Special use pool" does not include any water slide
or wave generating pool at a public amusement area which is
licensed and inspected by the department of agriculture pursuant
to sections 1711.50 to 1711.57 of the Revised Code.
(J) "Public bathing area" means an impounding reservoir,
basin, lake, pond, creek, river, or other similar natural body of
water.
(K) "Seasonal" means that a public swimming pool, public spa,
or special use pool is operated for not more than six months in a
licensing period.
(L) "Licensing period" means the first day of May to the last
day of April of the next succeeding year.
Sec. 3749.02. (A) The public health council shall, subject
to Chapter 119. of the Revised Code, adopt rules of general
application throughout the state governing all of the following:
(1) The issuance of licenses, approval of plans, layout,
construction, sanitation, safety, and operation of public swimming
pools, public spas, and special use pools. Such rules, including
all of the following:
(a) What constitutes a critical violation under division (E)
of section 3749.04 and division (B)(1) of section 3749.05 of the
Revised Code;
(b) Procedural requirements for the appeals process described
in divisions (B) to (D) of section 3749.05 of the Revised Code.
(2)(a) Standards that must be met for approval under section
3749.08 of the Revised Code of courses for individuals seeking
certification in pool operation, procedures for applying for and
granting approval, and procedures for withdrawing approval if the
standards for approval cease to be met;
(b) Requirements, in addition to successful completion of an
approved course, that an individual must meet to be certified in
pool operation;
(c) A fee for certification in pool operation.
(B) Rules adopted under division (A)(1) of this section shall
not be applied to the construction, erection, or manufacture of
any building to which section 3781.06 of the Revised Code is
applicable when the building or structure is either integral to or
appurtenant to a public swimming pool, a public spa, or a special
use pool.
Sec. 3749.03. (A) No person shall construct or install, or
renovate or otherwise substantially alter, a public swimming pool,
public spa, or special-use special use pool after September 10,
1987, until the plans for the pool or spa have been submitted to
and approved by the director of health. Within thirty days of
receipt of the plans, the director shall approve or disapprove
them. The plans and approval required under this division do not
apply to repairs or ordinary maintenance that does not
substantially affect the manner of water recirculation or basic
design of the public swimming pool, public spa, or special-use
special use pool.
Any person aggrieved by the director's disapproval of plans
under this division may, within thirty days following receipt of
the director's notice of disapproval, request a hearing on the
matter. The hearing shall be held in accordance with Chapter 119.
of the Revised Code and may be appealed in the manner provided in
that chapter.
(B) Prior to the issuance of a license to operate a newly
constructed or altered public swimming pool, public spa, or
special-use special use pool, the director or a licensor
authorized by the director shall verify that the construction or
alterations are consistent with the plans submitted and approved
under division (A) of this section. The director or licensor
authorized by the director shall have two four working days from
the time notification is received that a public swimming pool,
public spa, or
special-use special use pool is ready for an
inspection to verify the construction or alterations.
(C) The fees for the approval of plans are:
(1) Five per cent of the total cost of the equipment and
installation not to exceed two hundred seventy-five dollars for a
public swimming pool, public spa, or special-use special use pool,
or a combination thereof, that has less than two thousand square
feet of surface area;
(2) Five per cent of the total cost of the equipment and
installation not to exceed five hundred fifty dollars for a public
swimming pool, public spa, special-use special use pool, or a
combination thereof, that has two thousand or more square feet of
surface area.
After December 31, 1992, the public health council may, by
rule adopted in accordance with Chapter 119. of the Revised Code,
increase the fees established by this section.
(D) All plan approval fees shall be paid into the state
treasury to the credit of the general operations fund created by
section 3701.83 of the Revised Code. The fees shall be
administered by the director and shall be used solely for the
administration and enforcement of this chapter and the rules
adopted thereunder.
(E) Plan approvals issued under this section shall not
constitute an exemption from the land use and building
requirements of the political subdivision in which the public
swimming pool, public spa, or special-use special use pool is or
is to be located.
Sec. 3749.04. (A) No person shall operate or maintain a
public swimming pool, public spa, or special-use special use pool
without a license issued by the licensor having jurisdiction.
(B) Every (1) In the case of a person who intends to operate
or maintain an existing public swimming pool, public spa, or
special-use special use pool
that is not seasonal, the person
shall, during the month of April of each year, apply to the
licensor having jurisdiction for a license to operate the pool or
spa. Any
(2) In the case of a person who intends to operate or
maintain an existing public swimming pool, public spa, or special
use pool that is seasonal, the person shall, at least thirty days
prior to commencing operation for a season, apply to the licensor
having jurisdiction for a license to operate the pool or spa.
(3) Any person proposing to operate or maintain a new or
otherwise unlicensed public swimming pool, public spa, or
special-use special use pool shall apply to the licensor having
jurisdiction at least thirty days prior to the intended start of
operation of the pool or spa.
Within thirty
(C) Thirty days of receipt of after receiving an application
for licensure of a public swimming pool, public spa, or
special-use pool, the licensor shall process the application and
either issue a license or otherwise respond to the applicant
regarding the application.
(C)(D)(1) Each license issued for a public pool, public spa,
or special use pool that is not seasonal shall be effective from
the date of issuance until the last day of May April of the
following year.
(D)(2) Each license issued for a public pool, public spa, or
special use pool that is seasonal shall be effective from the date
of issuance until a date specified by the licensor, which shall be
not later than six months after the date of issuance. A pool or
spa that is seasonal may be issued only one license for any
twelve-month period.
(E) The licensor may, for any of the following reasons,
require certification through completion of a training course in
pool operation:
(1) A license holder's pool has been implicated in a
recreational waterborne illness outbreak.
(2) The licensor has documented a license holder's repeated
noncompliance with rules adopted under section 3749.02 of the
Revised Code concerning critical violations.
(3) A license holder's pool is new or has not been licensed
within the past two years, unless the license holder provides
documentation satisfactory to the licensor of successful
completion of an equivalent certification program.
(F) Each licensor administering and enforcing sections
3749.01 to 3749.09 of the Revised Code and the rules adopted
thereunder may establish licensing license issuance fees, license
renewal fees, and inspection fees in accordance with section
3709.09 of the Revised Code, which shall not exceed the cost of
licensing and inspecting public swimming pools, public spas, and
special-use special use pools.
In addition to the licensing and
inspection fees, a licensor may establish a fee for attendance at
a course offered by the licensor in pool operation, if the course
is approved by the director of health under section 3749.08 of the
Revised Code.
(E)(G) A licensor that charges a fee for renewal of a license
to operate an existing pool or spa shall impose a penalty for
filing a late application. The penalty shall be applied if the
application is not filed or postmarked before the first day of May
of the year in which the license is to be renewed, except that if
the pool or spa is seasonal, the penalty shall be applied if the
application is not filed or postmarked before the first day of
operation in the new licensing period. The penalty shall be an
amount equal to twenty-five per cent of the renewal fee. The
licensor shall not renew the license until the penalty is paid.
(H) Except as provided in division (F)(I) of this section and
in division (B) of section 3749.07 of the Revised Code, all
license licensing and inspection fees collected by a licensor
shall be deposited into a swimming pool fund, which is hereby
created in each health district. The fees shall be used by the
licensor solely for the purpose of administering and enforcing
this chapter and the rules adopted under this chapter.
(F) An annual (I) A license issuance or renewal fee
established under division
(D)(F) of this section shall include
any additional amount determined by rule of the public health
council, which the board of health shall collect and transmit to
the director of health pursuant to section 3709.092 of the Revised
Code. The amounts collected under this division shall be
administered by the director of health and shall be used solely
for the administration and enforcement of this chapter and the
rules adopted under this chapter.
Sec. 3749.05. (A) The licensor of the district in which a
public swimming pool, public spa, or special use pool is located
may, in accordance with Chapter 119. of the Revised Code, refuse
to grant a license or suspend or revoke any license issued to any
person for failure to comply with the requirements of Chapter
3749. of the Revised Code and the rules adopted thereunder.
(B)(1) In the case of a license to operate and maintain a
public swimming pool, the licensor may immediately suspend the
license if failure to comply with this chapter and rules adopted
under section 3749.02 of the Revised Code results in an immediate
danger to the public health or a critical violation as specified
in the rules.
The licensor is not required to give written notice or afford
the license holder the opportunity to correct the violation prior
to suspending the license.
After suspending the license, the licensor shall give written
notice to the license holder of the procedure for appealing the
suspension.
The suspension remains in effect until lifted by the
licensor.
(2) A licensor may authorize a health commissioner to suspend
a license under division (B)(1) of this section. A health
commissioner who suspends a license under this authority may lift
it without consulting the licensor on determining that there is no
longer an immediate danger to the public health or a critical
violation.
(C)(1) The holder of a license suspended under division (B)
of this section may appeal the suspension by giving written notice
to the licensor and specifying in the notice whether a hearing is
requested.
(2)(a) Regardless of whether a hearing is held, if the
license holder appeals a suspension, the licensor shall determine
whether an immediate danger to the public health or a critical
violation continues to exist in the following manner:
(i) If the licensor is a board of health, by majority vote of
the members of the board present at a meeting at which there is a
quorum;
(ii) If the director of health is acting as the licensor, by
decision of the director.
The appeal shall be conducted in accordance with Chapter 119.
of the Revised Code.
(b)(i) If the licensor determines that an immediate danger to
the public health or a critical violation continues to exist, the
licensor shall issue an order continuing the suspension.
(ii) If the licensor determines that there is no longer an
immediate danger to the public health or a critical violation, the
licensor shall lift the suspension.
(c) If a hearing is requested, it shall be held not later
than three business days after the request is received by the
licensor. The hearing shall be held prior to issuance of an order
under division (C)(2)(b)(i) of this section but may be held at the
meeting at which issuance of the order is considered.
(D) A license holder may appeal an order issued under
division (C)(2)(b)(i) of this section as follows:
(1) If the order was issued by a board of health, to the
common pleas court of the county in which the licensor is located;
(2) If the order was issued by the director of health, to the
Franklin county court of common pleas.
Sec. 3749.06. Prior to the issuance of an initial license
and annually thereafter, the licensor shall inspect each public
swimming pool, public spa, or special use pool in his the
licensor's jurisdiction to determine whether or not the pool or
spa is in compliance with Chapter 3749. of the Revised Code and
the rules adopted thereunder. A licensor may, as he the licensor
determines appropriate, inspect a public swimming pool, public
spa, or special use pool at any other time. The licensor shall
make the initial inspection within five days from the date of
receipt of notification that the pool or spa is ready for
operation and shall maintain a record of each inspection that he
the licensor conducts for a period of at least five years on forms
prescribed by the director of health.
Each inspection conducted under this section shall be
conducted by an individual who is registered under Chapter 4736.
of the Revised Code as a sanitarian or sanitarian-in-training.
Sec. 3749.07. (A) The director of health shall may annually
survey each health district that licenses public swimming pools,
public spas, and special-use special use pools to determine
whether or not the health district is in substantial compliance
with this chapter and the rules adopted thereunder. If the
director determines that a health district is in substantial
compliance,
he the director shall place the district on an
approved health district licensing list. The director shall, as he
the director determines necessary, make additional surveys of
health districts and shall remove from the approved health
district licensing list any health district
he
the director
determines not to be in substantial compliance with this chapter
and the rules adopted thereunder.
(B) If the director determines that a health district is not
eligible to be placed on the approved health district licensing
list, he the director shall certify the same to the board of
health of the health district and shall perform the duties of a
health district in that area until the health district is eligible
for placement on the approved list. All fees payable to the health
district during the time that the director performs the duties of
the health district and all other such fees that have not been
expended or otherwise encumbered shall be deposited by the
director in the state treasury to the credit of the general
operations fund created by section 3701.83 of the Revised Code, to
be used by the director in his the director's capacity as a
licensor. The director shall keep a record of the fees so
deposited and, when the health district is placed on the approved
list, shall transfer any remaining balance of the fees to the
health district swimming pool fund created under division (E)(F)
of section 3749.04 of the Revised Code.
Sec. 3749.08. In accordance with rules adopted under section
3749.02 of the Revised Code, the director of health shall approve
courses of study for certification in pool operation.
The director shall certify an individual in pool operation if
the individual successfully completes a course approved under this
section and meets any other requirements and pays the fee
established by rules adopted under section 3749.02 of the Revised
Code.
Section 2. That existing sections 3749.01, 3749.02, 3749.03,
3749.04, 3749.05, 3749.06, and 3749.07 of the Revised Code are
hereby repealed.
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