1301:7-9-09 Sensitive areas.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to division (A)(2) of section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to designate areas of this state as being sensitive for the protection of human health and the environment. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered part of the "Ohio Fire Code."

(B) An area is defined as a sensitive area if the area meets one or more of the following criteria:

(1) The following areas associated with an aquifer declared by the federal government under the Safe Drinking Water Act ( 42 U.S.C. 300f to 300j26, as amended through January 7, 2011):

(a) Areas on Catawba island in Ottawa county;

(b) Areas in Guernsey county located within the following described boundaries:

Township Section(s)

T8N-R9W 4,5,6,7,8,9

"R" stands for range. "T" stands for township. "N" stands for north. "W" stands for west.

(c) Areas associated with the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Miami Valley regional planning commission of Dayton, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 15876 (1988), located within the following described boundaries:

(i) Areas in Champaign county located within the following described boundaries:

Township Section(s)
R10T4 6, 12
R10T5 6, 12, 18, 30, 36
R10T6 24, 30, 36
R11T4 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16, 17, 18, 22, 23,29, 30, 36
R11T5 1, 2, 3, 4, 5, 6, 7, 13, 18, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
R11T6 19, 31, 32, 33, 34, 35, 36
R12T4 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 24, 25, 31
R12T5 1, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36
R13T4 1, 2, 3, 7, 8, 9, 13, 14, 15, 19, 20, 21, 25, 26, 27
R13T5 19, 20, 25, 26, 31, 32

"R" stands for range. "T" stands for township.

(ii) Areas in Clark county located within the following described boundaries:

Township Section(s)
R8T3 6, 12, 17, 18, 23, 24, 29, 30, 36
R9T3 1, 2, 7, 8, 13, 14, 19, 20, 21, 25, 26, 27, 28, 29, 30,31, 32, 33, 34,35, 36
R9T4 6, 10, 11, 12, 16, 17, 21, 22, 27, 31, 32, 33
R9T5 12, 18, 21, 22, 23, 24, 28, 29, 30
R10T4 1, 2, 3, 4, 5, 7, 8
R10T5 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 17, 29, 33, 34, 35
R10T6 23, 28, 29, 33, 34, 35

"R" stands for range. "T" stands for township.

(iii) Areas in Greene county located within the following described boundaries:

Township Section(s)
R5T4 17, 18, 22, 23, 24, 30
R6T2 1, 2
R6T3 18, 24, 25, 26, 27, 28, 29, 30, 31, 32
R7T2 1, 2, 6, 8, 12
R7T3 2, 3, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 36
R7T4 18, 23, 24, 28, 29, 33, 34
R8T2 1, 2, 3, 7, 8
R8T3 10, 13, 14, 15, 16, 19, 20, 21, 22, 25, 26, 27, 28, 31, 32, 33, 34
R8T4 13

"R" stands for range. "T" stands for township.

Survey Tract(s)

386, 387, 389, 390, 417, 429, 432, 435, 438, 548, 571, 574, 576, 577, 598, 603, 616, 870, 904, 925, 929, 975, 1044, 1281, 1295, 1297, 1378, 1391, 1965, 2233, 2235, 2238, 2241, 2243, 2244, 2263, 2264, 2267, 2272, 2312, 2358, 2359, 2383, 2424, 2425, 2426, 2435, 2474, 2475, 2565, 2566, 3096, 3576, 3583, 3610, 3908, 3916, 4148, 4371, 4499, 4651, 4704, 4730, 4871, 9474, 10721, 12248

(iv) Areas in Logan county located within the following described boundaries:

Township Section(s)
R13T4 4, 5, 10, 16
R13T5 17, 21, 22, 23, 27, 28, 29, 33, 34, 35, 36

"R" stands for range. "T" stands for township.

Survey Tract(s)

4493, 4525, 9878, 10109, 10718, 10719, 12099

(v) Areas in Miami county located within the following described boundaries:

Township Section(s)
R9T1 6
R9T2 3, 4, 5, 6, 10, 11, 12, 17, 18, 23, 24, 30, 31, 32, 33, 34, 35, 36
R10T1 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 17, 18, 23, 24
R10T2 19, 25, 26, 31, 32, 33
R11T1 13, 17, 18, 19, 20, 23, 24, 26, 27
R12T1 19, 20, 25, 26, 27, 31, 32, 33
T7N-R4E 1, 2, 3, 10
T6N-R5E 12, 13
T4N-R6E 3, 4, 5, 6, 7, 10, 11, 14, 23, 24, 25, 26, 35, 36
T8N-R4E 36
T7N-R5E 17, 18, 19, 20, 28, 29, 30, 31, 32, 33
T5N-R6E 5, 8, 9, 16, 17, 20, 21, 22, 27, 28, 29, 31, 32, 33, 34
T6N-R6E 32
T7N-R6E 31, 32

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(vi) Areas in Montgomery county located within the following described boundaries:

Township Section(s)
R5T2 28, 29, 34, 35, 36
R6T1 3, 4, 5, 9, 10, 11, 12, 14, 15, 16, 17, 18, 21, 22, 25, 26, 27, 28, 31, 32
R7T1 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14
R7T2 13, 14, 17, 18, 20, 21, 22, 23, 24, 27, 28, 29, 30, 32, 33, 34, 35, 36
R8T1 2, 3, 4, 5
R8T2 13, 19, 25, 31, 32, 33, 34, 35, 36
T3N-R4E 1, 3, 4, 5, 10, 11, 12, 13, 14, 23, 24
T4N-R4E 1, 12, 17, 18, 19, 20, 21, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,36
T5N-R4E 26, 35, 36
T2N-R5E 2, 3, 7, 10, 15, 17, 18, 19, 20, 22, 23, 26, 27, 28, 29, 30
T3N-R5E 6, 7, 16, 17, 21, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36
T4N-R5E 9, 10, 13, 14, 15, 16, 23, 24, 25
T5N-R5E 2, 3, 10, 11, 14, 15, 22, 23, 24, 25, 26, 36
T1N-R6E 3, 4, 5, 8, 17, 18, 19, 30
T2N-R6E 1, 2, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 19, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34
T3N-R6E 1, 2, 11, 13, 14, 23, 24, 26, 30, 31, 32, 35

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(vii) Areas in Preble county located within the following described boundaries:

Township Section(s)
T6N-R2E 3, 9, 10, 15, 16
T4N-R3E 1, 2
T5N-R3E 2, 3, 4, 5, 9, 10, 11, 15, 22, 25, 26, 27, 34, 35, 36
T6N-R3E 3, 4, 32, 34
T7N-R3E 21, 22, 27, 28, 33, 34

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(viii) Areas in Shelby county located within the following described boundaries:

Township Section(s)
T9N-R5E 1, 2, 3, 9, 10, 11, 12, 13
T7N-R6E 5, 6, 7, 8, 17, 18, 19, 20, 29, 30
T8N-R6E 31, 32

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(d) Areas associated with the southern portion of the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Ohio-Kentucky-Indiana regional council of governments of Cincinnati, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 25670 (1988), located within the following described boundaries:

(i) Areas in Butler county located within the following described boundaries:

Township Section(s)
R2T1 3, 4, 5, 6, 8, 9, 10, 11, 14, 15, 20
R3T1 1, 2, 3
R2T2 3, 4, 5, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 21, 22, 23, 24, 27, 28, 29, 30, 33, 34, 35, 36
R3T2 22, 26, 27, 28, 31, 32, 33, 34
R3T3 12
R4T1 1, 2, 3
R4T2 7, 8, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34
T3N-R2E 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36
T1N-R3E 5, 6, 7, 8, 18
T5N-R1E 2, 11, 14, 23, 24, 25, 36
T4N-R2E 1, 12
T5N-R2E 25, 30, 31
T2N-R3E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 20, 21, 22, 23, 24, 28, 29, 32
T3N-R3E 29, 30, 31, 32, 33, 34, 36
T1N-R4E 4, 5, 6, 7, 8, 18
T2N-R4E 1, 2, 10, 11, 12, 13, 14, 15, 21, 22, 27, 28, 29, 30, 31, 32, 33

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(ii) Areas in Clermont county located within the following described boundaries:

Survey Tract(s)

430, 590, 631, 1017, 1545, 1748, 1767, 2195, 4848

(iii) Areas in Hamilton county located within the following described boundaries:

Township Section(s)
R1T1 1, 2, 3, 4, 7, 8, 9
R1T2 28, 29, 30, 34
R1T3 1, 2, 3, 6, 7, 8, 9, 12
R1T4 24, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
R1T5 13, 14, 17, 18, 19, 23, 26, 27, 28
R2T1 19, 25
R2T2 1, 7
R2T3 19, 25, 31
R2T4 13
T1N-R1E 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 20, 21, 22, 27,28, 29, 30, 31, 32
T1N-R2E 6, 7
T2N-R1E 1, 2, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 28, 29, 30, 32, 33, 36
T2N-R2E 3, 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 30, 31
FR1T1 5, 6
FR1T2 35, 36
FR1T4 12, 17, 18, 23, 24, 29, 30, 35
FR1T5 23, 24, 29, 30
FR2T1 5, 6, 11, 12, 17, 21, 22, 23, 24, 27, 31, 32, 33
FR2T3 1, 4, 5, 6, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28
FR2T4 3, 9, 13, 14, 15, 16, 19, 20, 21, 22, 23, 25, 28, 29, 31, 34, 35, 36
FR2T5 18, 22, 23, 24, 28, 33, 34

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east. "FR" stands for Fractional Range.

Survey Tract(s)

395, 410, 427, 535, 536, 552, 1575, 1723, 1769, 1775, 2204

(iv) Areas in Warren county located within the following described boundaries:

Township Section(s)
R2T4 10, 11, 12, 16, 17
R3T3 4, 5, 6
R3T4 1, 2, 5, 6, 7, 8, 10, 11, 12, 16, 17, 21, 22, 27, 28, 33,34, 35, 36
R3T5 7, 13, 19, 25, 31
R4T2 1, 2
R4T3 31
R4T4 4, 5, 6, 10, 11
R5T2 27, 31, 32, 33
R5T3 1
R5T4 20, 21, 25, 26, 31
T1N-R5E 3, 4, 5, 6, 7, 8
T2N-R5E 26, 27, 28, 29, 30, 31, 32, 33, 34

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

Survey Tract(s)

399, 421, 520, 598, 631, 791, 1494, 1500, 1546, 1547, 1548, 2464, 2527

(e) Areas associated with the Allen county area combined aquifer system ("ACACAS") as petitioned for by Spencerville Dumpbusters, Inc. of Spencerville, OH as determined by the U.S. environmental protection agency at 57 Fed. Reg. 53111 (1992), located within the following described boundaries:

(i) Areas in Allen county located within the following described boundaries:

Township Section(s)
T2S R5E 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T2S R6E 31
T3S R4E 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36
T3S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T3S R6E 6, 7, 18, 19, 29, 30, 31, 32
T4S R4E 1, 2, 3, 10, 11, 12, 13, 14, 15
T4S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18
T4S R6E 4, 5, 6, 7, 8, 9, 17, 18, 19, 29, 30

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(ii) Areas in Auglaize county located within the following described boundaries:

Township Section(s)
T4S R4E 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T4S R5E 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T4S R6E 31, 32
T5S R4E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26
T5S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27
T5S R6E 5, 6, 7, 8

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(iii) Areas in Mercer county located within the following described boundaries:

Township Section(s)
T4S R2E 1, 12, 13
T4S R3E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T5S R3E 1, 2, 3, 4, 5, 10, 11, 12, 13, 14, 23, 24, 26

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(iv) Areas in Putnam county located within the following described boundaries:

Township Section(s)
T1S R4E 24, 25, 35, 36
T1S R5E 19, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T2S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,18
T2S R6E 6

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(v) Areas in Van Wert county located within the following described boundaries:

Township Section(s)
T2S R4E 1, 2, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T3S R3E 1, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36
T3S R4E 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33
T4S R4E 4, 5, 6, 7, 8, 9, 16, 17, 18

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(f) Areas associated with the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Miami Valley regional planning commission of Dayton, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 15876 (1988), and areas associated with the southern portion of the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Ohio-Kentucky-Indiana regional council of governments of Cincinnati, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 25670 (1988), located within the following described boundaries:

(i) Areas in Butler county located within the following described boundaries:

Township Section(s)
R2T3 227, 28, 32, 33, 34
R4T2 15
T2N-R3E 30, 31
T2N-R4E 23, 24

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(ii) Areas in Hamilton county located within the following described boundaries:

Township Section(s)
R1T1 10
R1T5 20
R2T4 7
FR1T4 34
R3T4 7

"R" stands for range. "T" stands for township. "FR" stands for fractional range.

(iii) Areas in Montgomery county located within the following described boundaries:

Township Section (s)
R8T2 4, 5, 6

"R" stands for range. "T" stands for township.

(iv) Areas in Warren county located within the following described boundaries:

Township Section (s)
T1N-R5E 1, 2

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(2) The area is located within fifty horizontal feet of a private water supply well or developed spring not located on the same site as the UST system;

(3) The area is located within one of the following and is not located on the same site as the UST system:

(a) One hundred horizontal feet of a water supply well designated by Ohio environmental protection agency to be a public water supply and which has a net production rate of less than or equal to ten thousand gallons per day; or

(b) Two hundred horizontal feet of a water supply designated by Ohio environmental protection agency to be a public water supply and which has a net production rate of greater than ten thousand gallons per day to less than or equal to fifty thousand gallons per day; or

(c) Three hundred horizontal feet of a water supply designated by Ohio environmental protection agency to be a public water supply and which has a net production rate of greater than fifty thousand gallons per day.

(4) The area is located within a half-circle shaped area one thousand feet upstream of a public water supply surface water intake where the base line of the half-circle is perpendicular to the stream at the intake and has a diameter of two thousand feet, and where the midpoint of the base line is the intake, and where the radius of the half-circle is one thousand feet, unless the owner or operator demonstrates to the state fire marshal that the UST system is located or will be located in a surface water drainage area that is actually downstream of the intake.

(5) The area is located within two hundred horizontal feet of a lake or reservoir. To be considered a lake or reservoir for purposes of this paragraph the average surface area of the body of water must be a minimum of five acres.

(6) The area is located within one hundred horizonal feet of a man-made underground structure, tunnel or cavity used primarily for pedestrian traffic or passenger-carrying vehicles;

(C) An area is defined as a sensitive area if the area meets any of the criteria listed in paragraphs (B)(1)(a) to (B)(1)(d) or paragraphs (B)(2) to (B)(6) of this rule on or after September 1, 1992.

(D) An area is defined as a sensitive area if the area meets any of the criteria listed in paragraph (B)(1)(e) of this rule on or after March 31, 1999.

(E) An area is defined as a sensitive area if the area meets any of the criteria listed in paragraph (B)(1)(f) of this rule on or after March 1, 2005.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 9/1/92, 3/31/99, 3/1/05