Current through all regulations passed and filed through September 16, 2024
(A) Pre-licensure
obligations. Prior to issuing a license to operate a
newly constructed or substantially altered public swimming pool, the licensor
will
determine that plans have been approved in accordance with paragraph (C)(3) of
rule 3701-31-02 of the Administrative
Code and that all plan verification inspections have been completed in
accordance with paragraph (H) of rule
3701-31-05 of the Administrative
Code.
(1) Initial license inspections. In
accordance with paragraph (F) of this rule, the licensor
will
inspect each public swimming pool in his jurisdiction to determine whether or
not the public swimming pool is in compliance with Chapter 3749. of the Revised
Code and this chapter prior to the issuance of an initial license. The licensor
will
make the initial inspection within five days from the date of receipt of
notification that the public swimming pool is ready for operation. For the
purposes of this chapter, the licensor
will maintain a
record of each inspection for a period of at least five years.
As used in this paragraph: "Initial license" means a license
issued for operation or maintenance of a public swimming pool or of a public
swimming pool that is being opened for the first time or that is being reopened
after the license for its operation or maintenance has been expired for more
than one year or has been revoked.
(B) Licensing. Each license issued
will be
effective from the date of issuance until the last day of May of the following
year.
(1) License application. The licensor
will
process complete applications to operate a public swimming pool within thirty
days of receipt. The licensor
will either issue a license or request additional
information from the applicant.
(2)
License renewal. Applications for license renewal
will be in
April. Applications received after April thirtieth of each year
will be
assessed a penalty as authorized by section
3709.09 of the Revised Code.
Applications post marked on or before April thirtieth
will be
considered timely.
(3) License
transfer. The licensor may allow the transfer of a license to operate a public
swimming pool provided the licensor has received satisfactory evidence that the
applicant has or will have the legal right to operate or maintain the public
swimming pool. Licenses subject to current enforcement action
will
not be transferred.
(4) Denial,
suspension, revocation. The licensor of the health district in which a public
swimming pool is located may, in accordance with Chapter 119. of the Revise
Code, refuse to grant a license or may suspend or revoke any license issued to
any person for failure to comply with the
obligations of Chapter 3749. of the Revised Code or
this chapter.
(C) Cost
methodology. Each licensor
will utilize the cost methodology specified in
rule 3701-36-14 of the Administrative
Code to calculate fees for providing services specified in section
3749.04 of the Revised Code. The
calculated fees
will not exceed the cost of licensing and
inspecting public swimming pools.
Program account. Except for the
amounts
obligated to be included as part of an annual license
fee under paragraphs (B)(1) and (B)(2) of rule
3701-31-02 of the Administrative
Code and except as provided in division (B) of section
3749.07 of the Revised Code, all
license fees collected by a licensor
will be deposited into the public swimming pool
fund created by division (E) of section
3749.04 of the Revised Code in
each health district.
(D) License fee categories. Except as
provided in paragraphs (D)(4) to (D)(6) of this rule, the license fee
established by a licensor pursuant to section
3709.09 of the Revised Code for
a public swimming pool
will be specified in accordance with the
following categories:
(1) Individual public
swimming pools;
(2) Individual
public spas; and
(3) Individual
special use pools.
(4) Individual
and additional licenses. Each individual public swimming pool
will be
issued an individual license based on the categories listed above. Facilities
where multiple public swimming pools are located at the same address, the
licensor may establish a reduced fee for each additional license.
(5) Government/tax supported schools. For
public swimming pools which are operated by the federal government, the state
government, or a county, city, township, village, or tax-supported primary or
secondary public school, the board of health of a city or general health
district may adopt fees that are less than the fees established under
paragraphs (D)(1) to (D)(3) of this rule.
(6) License transfer fee. In accordance with
rule 3701-36-14 of the Administrative
Code the licensor may adopt a license transfer fee.
(E) State fee transmittal schedule. The
licensor
will collect and transmit the amounts
obligated in paragraphs (B)(1) and (B)(2) of rule
3701-31-02 of the Administrative
Code to the treasurer of the state to be deposited in the general operations
fund created in section
3701.83 of the Revised Code
within forty-five days after the end of the quarter in which it is
collected.
(F) Compliance
inspections. The licensor
will annually inspect every public swimming pool
to determine compliance with Chapter 3749. of the Revised Code and this
chapter. A licensor may inspect a public swimming pool anytime it is open to
the public. To the extent practical inspections
will be
conducted during normal business hours.
(1) An
equipment inventory
will be conducted once each calendar year on a
form prescribed by the director.
(2) The licensor
will verify
that any equipment replacement is consistent with plans submitted and approved
in accordance with paragraph (D)(4) of rule
3701-31-05 of the Administrative
Code.
(3) The licensor is
responsible for verifying that the licensee maintains complete records on file,
as specified in paragraph (B)(4) of rule
3701-31-04 of the Administrative
Code.
(4) Record retention. The
licensor
will maintain all current public swimming pool plans
as long as the pool is in operation and for one year after the license expires.
The licensor
will maintain a record of each inspection and
equipment inventory for a period of at least five years.
(5) Prosecution or injunctive relief. The
prosecuting attorney of the county, the city director of law, or the attorney
general, upon complaint of the licensor,
will prosecute
to termination or bring an action for injunctive relief, or both, against any
person violating sections
3749.01 to
3749.09 of the Revised Code or
any rule adopted thereunder.
(G) Turnover rates. The licensor may allow a
longer turnover rate at an existing public swimming pool under the following
conditions:
(1) If the licensee documents that
the public swimming pool consistently meets the water quality parameters in
paragraph (C) of rule
3701-31-04 of the Administrative
Code.
(2) If the licensor finds
that the public swimming pool is consistently in violation of paragraph (F)(1)
of rule 3701-31-05.1 of the
Administrative Code and the water quality parameters in paragraph (C) of rule
3701-31-04 of the Administrative
Code, or if all of the components of the circulation system are replaced, the
licensee
will bring the pool into compliance with the turnover
rate
needs specified in paragraph (F)(1) of rule
3701-31-05.1 of the
Administrative Code.
(H)
Limited variance-licensor review. Except as provided in paragraph (C)(1) of
rule 3701-31-02 of the Administrative
Code, the licensor, with the approval of the director, may grant a variance
from the
obligations of rule
3701-31-04 of the Administrative
Code that will not be contrary to the public interest, where a licensee shows
to the satisfaction of the licensor that there is good cause for the issuance
of a variance and that the variance will not result in any adverse effect on
the public health and safety. The terms, conditions, and expiration date of the
limited variance
will be set forth in any variance issued by the
licensor. Failure to comply with such terms and conditions
will
constitute a violation of this rule and may result in the revocation of the
variance and the license. Variances issued by the licensor are not
transferable. No variance
will be granted that will either defeat the
spirit and general intent of Chapter 3701-31 of the Administrative Code or that
will be contrary to Chapter 3749. of the Revised Code.
(I)
The licensor will
forward information received from the operator regarding incidents that occur
at the public swimming pool as obligated in paragraph (B)(4)(a)(x) of rule
3701-31-04 of the Administrative
Code to the director within thirty days of receipt of the
report.
