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.

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.