Current through all regulations passed and filed through March 18, 2024
(A)
Pre-licensure
requirements. Prior to issuing a license to operate a newly constructed or
substantially altered public swimming pool, the licensor shall 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 shall 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 shall 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 shall 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maintenance has been expired for more than one year or has been revoked.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 shall be effective from
the date of issuance until the last day of May of the following year.
(1)
License
application. The licensor shall process complete applications to operate a
public swimming pool within thirty days of receipt. The licensor shall either
issue a license or request additional information from the applicant.
(2)
License renewal. Applications for license renewal shall be in April.
Applications received after April thirtieth of each year shall be assessed a
penalty as authorized by section
3709.09 of the Revised Code.
Applications post marked on or before April thirtieth shall 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 shall 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 Revised
Code, refuse to grant a license or may suspend or revoke any license issued to
any person for failure to comply with the requirements of Chapter 3749. of the
Revised Code or this chapter.
(C)
Cost
methodology. Each licensor shall 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 shall not exceed the cost of licensing and inspecting public
swimming pools.
(1)
Program account. Except for the amounts required 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 shall 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 shall 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 shall 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 shall
collect and transmit the amounts required 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 shall 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
shall be conducted during normal business hours.
(1)
An equipment
inventory shall be conducted once each calendar year on a form prescribed by
the director.
(2)
The licensor shall 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 shall 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 shall 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, shall 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
shall bring the pool into compliance with the turnover rate requirements
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 requirements of rules
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 shall be set forth in any variance
issued by the licensor. Failure to comply with such terms and conditions shall
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 shall 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.
Replaces: 3701-31-02, 3701-31- 02.1, 3701-31- 02.2, 3701-31-
02.3, 3701-31-03, 3701-31- 03.1, 3701-31-04, 3701-31-08