Current through all regulations passed and filed through March 18, 2024
(A)
No person shall
construct, install, or otherwise substantially alter a public swimming pool
until the plans have been submitted to and approved by the director of
health.
(B)
Plan review fees. As used in this rule, "combination
thereof" means two or more public swimming pools that share the same
circulation system as defined in paragraph (C) of rule
3701-31-01 of the
Administrative Code.
Beginning April 1, 2011 the fees for
approval of plans are:
(1)
One thousand four hundred eight dollars for a new or
substantially altered public swimming pool or a combination thereof, that has
less than two thousand square feet of surface area. This fee includes the cost
of up to two inspections as may be required in paragraph (H) of this
rule;
(2)
Two thousand two hundred thirty-two dollars for a new
or substantially altered public swimming pool or a combination thereof that has
two thousand or more square feet of surface area. This fee includes the cost of
up to two inspections as may be required in paragraph (H) of this rule;
(3)
In
addition to the fee required under paragraphs (B)(1) and (B)(2) of this rule,
one thousand four hundred eight dollars for each special feature which is
included with any new special use pool or is added to any existing public
swimming pool. This fee includes the cost of up to two inspections as may be
required in paragraph (H) of this rule;
(4)
Notwithstanding
paragraphs (B)(1) to (B)(3) of this rule, and except as otherwise provided in
paragraph (B)(6) of this rule, for any project with a total cost of equipment
and installation less than five thousand dollars, the fee shall be six hundred
fifty-five dollars. This fee does not include the cost of inspections as may be
required under paragraph (H) of this rule to determine compliance with the
requirements of this chapter. Inspections to determine compliance with this
paragraph shall be charged in accordance with the amount established in
paragraph (B)(5) of this rule;
(5)
For each plan
review inspection in excess of those indicated in paragraphs (B)(1) to (B)(3)
of this rule, as applicable, that may be required under paragraph (H) of this
rule, the fee shall be two hundred ninety-one dollars.
(6)
Notwithstanding
paragraphs (B)(1) to (B)(3) of this rule, in the case of replacement of each
type of equipment as specified in paragraph (C)(6) of this rule that is a
substantial alteration, the fee shall be forty-five dollars. A plan
verification construction inspection is not required.
Beginning on April 1, 2012 the fees for
approval of plans are:
(7)
One thousand six
hundred sixty-two dollars for a new or substantially altered public swimming
pool or a combination thereof, which has less than two thousand square feet of
surface area. This fee includes the cost of up to two inspections as may be
required in paragraph (H) of this rule;
(8)
Two thousand
five hundred seventy-eight dollars for a new or substantially altered public
swimming pool or a combination thereof which has two thousand or more square
feet of surface area. This fee includes the cost of up to two inspections as
may be required in paragraph (H) of this rule;
(9)
In addition to
the fee required under paragraphs (B)(7) and (B)(8) of this rule, one thousand
six hundred sixty-two dollars for each special feature which is included with
any new special use pool or is added to any existing public swimming pool. This
fee includes the cost of up to two inspections as may be required in paragraph
(H) of this rule;
(10)
Notwithstanding paragraphs (B)(7) to (B)(9) of this
rule, and except as otherwise provided in paragraph (B)(11) of this rule, for
any project with a total cost of equipment and installation less than five
thousand dollars, the fee shall be eight hundred thirty-two dollars. This fee
does not include the cost of inspections as may be required under paragraph (H)
of this rule to determine compliance with the requirements of this chapter.
Inspections to determine compliance with this paragraph shall be charged in
accordance with the amount established in paragraph (B)(11) of this rule;
(11)
For
each plan review inspection in excess of those indicated in paragraphs (B)(7)
to (B)(9) of this rule, as applicable, that may be required under paragraph (H)
of this rule, the fee shall be three hundred seventy-three dollars;
(12)
Notwithstanding paragraphs (B)(7) to (B)(9) of this rule, in the case of
replacement of each type equipment as specified in paragraph (C)(6) of this
rule that is a substantial alteration, the fee shall be fifty dollars. A plan
verification construction inspection is not required.
(C)
Substantial alteration. As used in this chapter "substantial alteration"
means:
(1)
Change in the basic design. Construction that changes the depth, shape or other
basic design features of a public swimming pool, in a manner that affects
patron safety or the circulation systems design; adds a special feature or
changes a deck, the basic design of a diving board, or the perimeter
barrier;
(2)
Replacement of the circulation system. Complete
replacement of the circulation system, as defined in paragraph (C) of rule
3701-31-01 of the
Administrative Code.
(3)
New/relocated dive stand. Installation of a diving
board or diving stand, except for a replacement as provided in paragraph
(B)(6)(bb)(vii) of rule
3701-31-04
of the Administrative Code;
(4)
Pipe
replacement. Replacement of all return piping, or all skimmer piping, from the
filter room to the public swimming pool, or the main drain fitting and
pipe.
(5)
Overflow system replacement. Replacement of more than
fifty per cent of a gutter overflow system or more than fifty per cent of the
total number of inlets and outlets;
(6)
Replacement of
the following types of equipment:
(a)
Any circulation, jet or special feature pump.
Replacement of a pump motor with one that is similar and does not change the
pump output beyond ten per cent is not a substantial alteration;
(b)
Replacement of a disinfectant feeding device with a different method, capacity
or disinfectant. Replacement of a disinfectant feeding device with one that
uses the same method, capacity or disinfectant is not a substantial alteration;
or
(c)
Replacement of an individual filter with a filter
using different media, or a different filtration rate or backwash capacity.
Replacement of a filter with one that uses the same media, and has the same
filtration rate or backwash capacity is not a substantial alteration. All
filter replacements shall be in accordance with paragraph (F)(5) of rule
3701-31-05.1 of the Administrative Code.
(D)
Plans. Plans for
a project that are submitted to the director for review shall include the
following items:
(1)
Four complete sets of drawings and specifications, as
required by paragraph (F) of this rule;
(2)
Four copies of a
data sheet form prescribed by the director that is signed by the designer of
the public swimming pool. The form also shall contain identifying information
about the owner, the designer, and the contractor for the project and
information about the location and dimensional design of the public swimming
pool and its circulation system, gauges, disinfection and chemical feeding
equipment, inlets, outlets, piping, plumbing, heating, lighting, and safety
features;
(3)
One copy of a completed plan review application form
prescribed by the director that is signed by the designer. The form also shall
be signed by the owner of the public swimming pool or shall be accompanied by a
letter signed by the owner authorizing the designer to submit plans to the
director on the owner's behalf. The form shall identify the project type and
location and the owner, designer, and contractor and shall provide for
calculation of the plan approval fee;
(4)
In the case of
any equipment replacement specified in paragraph (C)(6) of this rule at an
existing public swimming pool, a plan review equipment replacement form, as
prescribed by the director, shall be submitted to the director providing
information identifying the public swimming pool, the owner and the person
making the change, and clearly describes the equipment removed and the
equipment installed. The appropriate fee shall be paid for all substantial
alteration projects. The information provided on the plan review equipment
replacement form shall be accepted in lieu of the information required by
paragraphs (D)(1) to (D)(3) of this rule unless the substantial alteration
project contains additional plan review elements; and
(5)
Payment. A check
or money order for all appropriate plan approval fees specified by paragraph
(B) of this rule. The check or money order shall be made payable to "Treasurer,
State of Ohio."
(E)
Waiver for plan
information. For an application for the approval of plans for substantial
alteration of an existing public swimming pool the director, upon request of
the applicant for plan approval, may waive submission of any of the items
required in paragraph (F) of this rule if the director determines that they are
not necessary to review the plans effectively.
(F)
The drawings and
specifications required to be submitted by paragraph (D)(1) of this rule for
each project shall include:
(1)
A plot plan showing the location of the project,
including a street address or other specific location, and the surrounding
area, including elevations and a north arrow;
(2)
A vicinity map
showing local roads and the location of the project with respect to major
roads;
(3)
Plan views and section views, drawn to scale and
showing dimensions of the public swimming pool and including decks, walkways,
piping (with sizes indicated), and the location of inlets and outlets;
(4)
Design plans for the circulation system and the disinfection and filtration
equipment, including their location and description;
(5)
Plumbing
schematic of the circulation system, disinfection system, and other required
equipment;
(6)
Descriptions of the materials used in construction of
the public swimming pool, its finish and details of construction;
(7)
The
depths of the public swimming pool and the location of depth markings;
(8)
The
locations of diving areas and descriptions or drawings of diving
equipment;
(9)
The location of starting blocks (platforms);
(10)
The
locations of ladders, stairs, and ramps;
(11)
Descriptions
and drawings of the perimeter barrier and methods of traffic control;
(12)
Design plans for removing and disposing of backwash water from the
filters;
(13)
A description of the method of filling and emptying
the public swimming pool, the source of the water for the public swimming pool
and, if an on-site water treatment system will be used to meet the requirements
of paragraph (D) of rule 3701-31-05.1 of the Administrative Code the drawings
and specifications of the treatment system;
(14)
The location
and content of signs;
(15)
The number and location of lifeguard chairs; and
(16)
Design plans for the location of special features and all data and information
relating to installation, safe use, and safe operation of the special features,
including but not limited to manufacturer's instructions.
(G)
Plan
review approval/disapproval. Within thirty days of receiving plans for
approval, the director shall act upon them in accordance with paragraph (C) of
rule
3701-31-02
of the Administrative Code.
(1)
Design variance. An applicant for plan approval may
request a variance from any of the requirements of rules
3701-31-01 to
3701-31-05.1 of the Administrative Code that are considered during plan
approval by filing a written request for a variance with the director at least
seven days before the date on which the director must approve or disapprove the
plans under paragraphs (G)(2) and (G)(3) of this rule. The director may grant
such a variance if it is not contrary to Chapter 3749. of the Revised Code and
if the applicant for the variance has shown to the satisfaction of the director
that there is good cause for the variance and that the variance will not result
in any adverse effect on the public health or safety.
(2)
Plan approval.
The director shall issue a letter of approval to the owner and a copy shall be
issued to the licensor that the plans have been approved.
(a)
A plan approval
issued by the director shall be valid for two years in accordance with
paragraph (C)(3)(a) of rule
3701-31-02
of the Administrative Code.
(b)
Plan approval
extension. An extension of the plan approval period shall be in accordance with
paragraph (C)(3)(b) of rule
3701-31-02
of the Administrative Code.
(c)
The person to
whom a plan approval is transferred shall comply with the requirements of
paragraph (C)(3)(e) of rule
3701-31-02
of the Administrative Code.
(d)
Except as
provided in paragraphs (C)(1) of rule
3701-31-02
or paragraph (E) of rule 3701-31-05 of the Administrative Code, construction,
installation or other substantial alteration of a public swimming pool shall be
performed in accordance with the plans as approved by the director under
section 3749.03 of the Revised Code,
under rules 3701-31-05 and 3701-31-05.1 of the Administrative Code and any
variances granted by the director under paragraph (C)(1) of rule
3701-31-02
of the Administrative Code.
(e)
Plan approvals
issued under this rule shall not constitute an exemption from the land use and
building requirements of the political subdivision in which the public swimming
pool is or is to be located.
(3)
Plan
disapproval. The director may disapprove plans in accordance with paragraph
(C)(4) of rule
3701-31-02
of the Administrative Code.
(a)
Any person may appeal plans that have been disapproved
by requesting a hearing in accordance with paragraph (C)(4)(a) of rule
3701-31-02
of the Administrative Code.
(4)
Amended plans.
Amended plans shall be in accordance with paragraph (C)(3)(d) of rule
3701-31-02
of the Administrative Code.
(H)
Plan
verification construction inspections. A person requesting a construction
inspection shall contact the director. The director or a licensor authorized by
the director shall have two working days from the time notification is received
that a public swimming pool is ready for an inspection to verify the
construction or alterations.
(1)
Number of inspections. Two or more inspections shall
be conducted to verify that the construction or alterations are consistent with
the approved plans. The inspections shall be conducted as follows:
(a)
If necessary one
or more rough inspections shall be conducted before concrete or fill is placed
to verify that all of the piping, inlets, skimmers or gutters, and drains in
and to the public swimming pool and surrounding area were installed in
accordance with the approved plans. More than one inspection shall be conducted
if the piping, inlets, skimmers or gutters, or drains are installed in
phases.
(b)
A final inspection shall be conducted when the public
swimming pool is complete and ready to be placed in operation.
(2)
Project completion letter. Upon completion of the final plan verification
construction inspection the director shall issue a letter to the licensor
notifying them that the plan approval process is complete and that the project
is ready for licensure (new construction) or operation (substantial alterations
or equipment replacements).
Replaces: 3701-31-03, 3701-31- 03.1, 3701-31-04, 3701-31-
04.1