Current through all regulations passed and filed through September 16, 2024
(A)
Forms. The
director shall approve forms to be used by the department and licensor for plan
approval, construction verification inspection, compliance inspections and the
equipment inventory of public swimming pools.
(B)
State program
fees. The director shall ensure that the following fees are collected and used
for administration and enforcement of this chapter:
(1)
Individual
license. An annual license fee established under this rule shall include an
additional amount of seventy-two dollars for each license issued on or after
April 1, 2011 and eighty dollars for each license issued on or after April 1,
2012.
(2)
Additional license(s). If multiple public swimming
pools are located at the same address, each additional license shall be
assessed an amount of forty-seven dollars for each license issued on or after
April 1, 2011 and fifty-five dollars for each license issued on or after April
1, 2012.
(C)
Plan review. The director of health shall, within
thirty days of receiving complete plans for approval, either approve or
disapprove the plans or, in the case of incomplete plans, request additional
information. If the director requests additional information, the director
shall approve or disapprove the plans within thirty days after receiving the
additional requested information.
(1)
Design variance. The director may grant a design
variance request submitted under paragraph (G)(1) of rule
3701-31-05 of the Administrative
Code if the requested variance is not contrary to Chapter 3749. of the Revised
Code, there is good cause for the variance and the variance will not result in
any adverse effect on the public health or safety.
(2)
Shorter turnover
rates. In accordance with paragraph (F)(1)(e) of rule
3701-31-05.1 of the
Administrative Code the director may require a shorter turnover rate during
plan review.
(3)
Plan approval. The director shall issue a letter to
the owner and a copy shall be issued to the licensor that the plans have been
approved.
(a)
Plan approval period. Except as otherwise provided in this rule, a plan
approval issued by the director shall be valid for two years after the date on
which the director issues the approval.
(b)
Plan approval
extension. The director may grant one extension for a period not to exceed two
years from the date the approved plans expire, if the director finds that the
applicant has made a good-faith effort to complete the construction,
installation, renovation, or substantial alteration but has failed to complete
it for reasons beyond the applicant's control. A request for an extension shall
be filed with the director in writing before the expiration of the two-year
period. If the construction, installation, or substantial alteration has not
been completed within the two-year period or within the limit of any extension
granted under this paragraph, the plans shall be resubmitted in accordance with
paragraphs (D) and (F) of rule
3701-31-05 of the Administrative
Code.
(c)
Revision to approved plans. A person who has received
a plan approval under paragraph (G)(2) of rule
3701-31-05 of the Administrative
Code who wishes to alter any aspect of the approved plans, other than as
provided in paragraph (C)(3)(d) of this rule or as otherwise provided in this
paragraph, shall file a written request, including drawings when necessary, for
amendment of the approved plans. The director shall grant the request unless
the amendments will result in noncompliance with a requirement of Chapter 3749.
of the Revised Code or this chapter, subject to any variances that the director
may grant.
(d)
Substantial revisions to the design. A person who has
received a plan approval under paragraph (G)(2) of rule
3701-31-05 of the Administrative
Code who wishes to make substantial changes to the design from the originally
approved plans shall file new plans in accordance with paragraphs (D) and (F)
of rule 3701-31-05 of the Administrative
Code.
As used in this paragraph, "substantial
revision from the originally approved plans" means a redesign of the
circulation system components and/or equipment, a change from a skimmer
overflow system to a gutter overflow system or from a gutter overflow system to
a skimmer overflow system, an increase of more than five per cent in pool
volume, or a change in layout, depths, or other dimensional features that
significantly affects safety.
(e)
Plan approval
transfer. A plan approval issued under this rule may be transferred. The person
to whom the plan approval is transferred shall notify the director no more than
ten days after the transfer occurs and otherwise shall comply with the
requirements of this rule.
(4)
Plan
disapproval. The director may disapprove plans at any time for either of the
following reasons: The applicant for plan approval fails to comply with any
requirement for Chapter 3749. of the Revised Code or this chapter; or the
proposed construction, installation, renovation, or other substantial
alteration would not comply with any requirement of Chapter 3749. of the
Revised Code or this chapter.
(a)
Hearing request. Any person aggrieved by the
director's disapproval of plans under this rule 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.
(D)
Plan verification construction inspections. The
director or a licensor authorized by the director shall verify, in accordance
with paragraph (H) of rule
3701-31-05 of the Administrative
Code, that the construction or alterations are consistent with the approved
plans.
(E)
Limited variance - director review. Upon receipt of a
variance request from a licensor in accordance with paragraph (H) of rule
3701-31-03 of the Administrative
Code, the director may approve a limited variance.
(F)
Surveys of
health districts; list of approved districts. The director of health shall
annually survey each health district that licenses public swimming 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, the health district shall be
placed on an approved health district licensing list. The director shall, as
determined necessary, conduct additional surveys of health districts and shall
remove from the approved health district licensing list any health district not
in substantial compliance with this chapter and the rules adopted
thereunder.
(1)
Noncompliance. If the director determines that a health
district is not eligible to be placed on the approved health district licensing
list, the director shall certify the same to the board of health of the health
district and shall perform the duties of the 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 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) of section
3749.04 of the Revised
Code.
(2)
Survey reports shall be sent to the board of health
within sixty days of the survey being completed.
(G)
Other director
duties. The director shall maintain a listing of the following approvals:
(1)
Logos. The
director shall review all logos prior to approval and installation or
application on the bottom of a public swimming pool.
(2)
Interior surface
colors. A list of approved colors for the interior surface of public swimming
pools in accordance with paragraph (C)(1)(b) of rule
3701-31-05.1 of the
Administrative Code.
(3)
Automatic chemical controllers. A list of acceptable
automatic chemical controllers in accordance with paragraph (D)(7)(e) of rule
3701-31-04 of the Administrative
Code.
(4)
Life guard, first aid and CPR training. A list of
approved training organizations in accordance with paragraphs (E)(4)(e)(viii)
to (E)(4)(e)(x) of rule
3701-31-04 of the Administrative
Code.
Replaces: 3701-31-02, 3701-31- 02.1, 3701-31-03, 3701-31- 03.1,
3701-31- 04.1, 3701-31-05, 3701-31-06, 3701-31-07, 3701-31-08
