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Ohio Laws and Rules
As used in this chapter:
(A) “Board of health” means the board of health of a city or general health district or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code.
(B) “Deep” means a water depth of more than five feet.
(C) “Director” means the director of the department of health or his authorized representative.
(D) “Health district” means any city or general health district created pursuant to section 3709.01 of the Revised Code.
(E) “Inlet” means a fitting or location in a public swimming pool, public spa, or special use pool through which water is returned to the pool or spa from the recirculation system.
(F) “Kiddie slide” means a small slide specially designed for use in a special use pool by young children that may use various animal or other figures to provide shape and structures.
(G) “Licensee” means the person specified on the application for a license to operate or maintain a public swimming pool, public spa, or special use pool, and to whom a currently valid license has been issued by the licensor having jurisdiction. If a transfer of the right to operate or maintain the pool or spa has occurred and a new license has been issued under paragraph (D) of rule 3701-31-02 of the Administrative Code, “licensee” means the person who is specified on the new license application and to whom the new license was issued and does not mean the person who formerly operated or maintained the pool or spa.
(H) “Licensor” means a city board of health or a general health district, an authority having the duties of a city board of health as authorized pursuant to section 3709.05 of the Revised Code, or the director of the department of health when acting under section 3749.07 of the Revised Code. “Licensor” also means an authorized representative of any of these entities.
(I) “Main drain” means an outlet located at or near the deepest portion of a public swimming pool, public spa, or special use pool.
(J) “Outlet” means a fitting or location in a public swimming pool, public spa, or special use pool through which water is drawn from the pool or spa to the recirculation system.
(K) “Person” means the state, any political subdivision, special district, public or private corporation, individual, firm, partnership, association, or any other entity.
(L) “Playground slide” means a straight or twisting slide with very low or no sides and no starting platform.
(M) “Private residential swimming pool” means any indoor or outdoor structure, chamber, or tank containing a body of water for swimming, diving, or bathing located at a dwelling housing no more than three families and used exclusively by the residents and their non-paying guests. For the purposes of this paragraph, “dwelling” includes an individual room or individual suite of rooms at a hotel, motel, or other establishment providing temporary lodging.
(N) “Public bathing area” means an impounding reservoir, basin, lake, pond, creek, river, or other similar natural body of water.
(O) “Public spa” means any public swimming pool that is typically operated as a smaller, higher temperature pool for recreational or nonmedical uses.
(1) “Smaller” means less than five thousand gallons in volume.
(2) “Higher temperature” means greater than ninety degrees Fahrenheit.
(P) “Public swimming pool” means any indoor or outdoor structure, chamber, or tank containing a body of water for swimming, diving, or bathing that is intended to be used collectively for swimming, diving, or bathing and is operated by any person whether as the owner, lessee, operator, licensee, or concessionaire, regardless of whether or not a fee is charged for use, but does not mean any public bathing area or private residential swimming pool.
(1) “Diving” does not include professional stunt diving, theatrical diving performances, and similar attractions if the body of water used for the stunt diving, theatrical performance, or other attraction is used exclusively for that purpose.
(2) “Bathing” means any activity in a body of water, except for personal cleansing, religious ceremonies, or participation in aquarium shows, professional stunt diving, theatrical performances, dunking tanks, and similar attractions if the body of water is used exclusively for that purpose.
(3) “Structure, chamber or tank” means any container that does not possess both of the following characteristics:
(a) The container is easily portable when empty; and
(b) The container is capable of holding no more than one hundred fifty gallons of water.
(O) “Recirculation system” means both the pump or pumps and filter or filters used to treat the water of a public swimming pool, public spa, or special use pool after the pool or spa is filled.
(R) “Recreational slide” means an open or closed (tube) slide from a platform less than three meters in height that enters into various depths of water.
(S) “Shallow” means a water depth of five feet or less.
(T) “Special use pool” means a public swimming pool containing flume slides, wave generating equipment or other special features that necessitate different design and safety requirements. “Special use pool” does not include any water slide catch pool or wave generating pool at a public amusement area which is licensed and inspected by the Ohio department of agriculture, pursuant to sections 1711.50 to 1711.57 of the Revised Code. As used in this paragraph:
(1) “Special feature” includes, but is not limited to, a water slide, a recreation slide, a kiddie slide, wave-generating equipment, a zero depth entrance, a slow river, therapy pools with special requirements and operating temperatures a raindrop fountain or other water or play attractions.
(2) “Public amusement area” means any place at which one or more water slides or wave-generating pools are located unless:
(a) Payment for using the water slide or wave-generating pool is included in the fee charged for using a facility that is not intended primarily for operation of amusement rides, as defined in section 1711.50 of the Revised Code, games, or similar attractions. Facilities not intended primarily for operation of amusement rides, games, or similar attractions include, but are not limited to, campgrounds, municipal parks, hotels, motels, apartment or condominium complexes, athletic clubs, and public swimming pools that also are used for swimming or diving; or
(b) The water slide or wave-generating pool is part of a facility that is not intended primarily for operation of amusement rides, games, or similar attractions and either no payment is required or a separate fee is charged for use of the slide or pool.
(3) “Catch pool” means a pool specially designed and sized to provide a safe splash down area for water slide users.
(U) “Wading pool” means a public swimming pool that is a maximum of eighteen inches deep and is used primarily by small children.
(V) “Water depth” means the depth as measured from the water line to the floor of the pool or spa. “Water line” means, for a pool or spa equipped with a skimmer system, the midpoint of the operating range of the skimmers or, for a pool or spa equipped with an overflow system, the top of the overflow rim.
(W) “Water slide” means a straight or twisting slide along which a continuous stream of water passes, down which patrons slide independently or riding on a sled or mat, and which empties into a catch pool or special use pool. Water slides include the following types of slides:
(1) Flume slide, which is an open or closed (tube) slide from a platform that is usually three meters or more in height and empties into water less than four feet deep.
(2) Drop slide, which is an open or closed (tube) slide from various heights that enters into deep water.
(3) Speed slide, which is a water slide so designed by the manufacturer for high velocity rides that usually ends in a straight run out for deceleration and exit.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02
Rule Amplifies: 3749.01, 3749.02, 3749.03, 3749.04, 3749.05, 3749.06, 3749.07, 3749.09, 3749.99
Prior Effective Dates: 1/1/1977, 1/1/91, 1/1/92, 1/1/99, 1/1/04
(A) No person shall operate or maintain a public swimming pool, public spa, or special use pool without a license issued by the licensor having jurisdiction.
(B) Every person who intends to operate or maintain an existing public swimming pool, public spa, or special use pool shall, during the month of April of each year, apply to the licensor having jurisdiction for a license to operate the pool or spa. Any person proposing to operate or maintain a new or otherwise unlicensed public swimming pool, public spa, or special use pool shall apply to the licensor having jurisdiction at least thirty days prior to the intended start of operation of the pool or spa. Within thirty days of receipt of an application for licensure of a public swimming pool, public spa, or special use pool, the licensor shall process the application and either issue a license or otherwise respond to the applicant regarding the application.
(C) At the time of application for a license, the applicant shall provide to the licensor the name, address, and telephone number of a person or persons who can be contacted regarding inspection, maintenance, or emergency aspects of the public swimming pool, public spa, or special use pool and to whom the licensor may send notice of orders and other licensure actions. The applicant also shall provide the exact street address or location of the pool or spa. After issuance of a license, the licensee shall report any changes in any of this information to the licensor promptly.
(D) Each license issued shall be effective from the date of issuance until the last day of May of the following year. Licenses shall not be transferred. In the case of a transfer of the right to operate or maintain a licensed public swimming pool, public spa, or special use pool, the proposed new licensee shall apply to the licensor for a license. The licensor shall not issue a license to the proposed new licensee unless the licensor has received satisfactory evidence that the proposed new licensee has or will have the legal right to operate or maintain the pool or spa. Upon receiving this evidence, the licensor may issue a license to the proposed new licensee even though the previous license for the pool or spa has not expired or been revoked.
(E) Prior to the issuance of an initial license and annually thereafter, the licensor shall inspect each public swimming pool, public spa, or special use pool in his jurisdiction to determine whether or not the pool or spa is in compliance with Chapter 3749. of the Revised Code and this chapter. A licensor may, as he determines appropriate, inspect a public swimming pool, public spa, or special use pool at any other time. The licensor shall make the initial inspection within five days from the date of receipt of notification that the public swimming pool, public spa, or special use pool is ready for operation and shall maintain a record of each inspection that he conducts for a period of at least five years on forms prescribed by the director of health. As used in this paragraph:
(1) “Initial inspection” means the inspection required by paragraph (E) of this rule prior to the issuance of an initial license.
(2) “Initial license” means a license issued for operation or maintenance of a public swimming pool, public spa, or special use pool or of a public swimming pool, public spa, or special use 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.
(F) The licensee of a public swimming pool, public spa, or special use pool shall allow the licensor having jurisdiction and the director to have access to the pool or spa and the surrounding area, including the pump room, for purposes of administration and enforcement of Chapter 3749. of the Revised Code and this chapter. The licensee shall not interfere with an inspection by the licensor or the director.
(G) The licensor of the health district in which a public swimming pool, public spa, or special use 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.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02
Rule Amplifies: 3749.01, 3749.02, 3749.03, 3749.04, 3749.05, 3749.06, 3749.07, 3749.09, 3749.99
Prior Effective Dates: 1/1/1977, 1/1/91
Each licensor administering and enforcing sections 3749.01 to 3749.09 of the Revised Code and this chapter may establish licensing and inspection fees in accordance with section 3709.09 of the Revised Code, which shall not exceed the cost of licensing and inspecting public swimming pools, public spas, and special use pools.
(A) In determining the amount of the licensing and inspection fees, the licensor shall use the categories established by rule 3701-31-022 of the Administrative Code and the cost methodology established by rule 3701-31-023 of the Administrative Code.
(B) Except as provided in paragraph (c) of this rule, an annual license fee established under this rule shall include fifty dollars for each license issued to a public swimming pool, public spa, or special use pool. On or after January 1, 1999, an annual license fee established under this rule shall include sixty-five dollars for each license issued to a public swimming pool, public spa, or special use pool.
(C) An annual license fee for an additional public swimming pool, public spa, or special use pool located at the same address as a public swimming pool, public spa, or special use pool currently licensed according to this chapter shall include thirty-two dollars for each license issued pursuant to this paragraph. On or after January 1, 1999, an annual license fee for an additional public swimming pool, public spa, or special use pool located at the same address as a public swimming pool, public spa, or special use pool licensed according to this chapter shall include forty dollars for each license issued pursuant to this paragraph.
(D) The licensor shall collect and transmit the amounts required to be included as part of an annual license fee under paragraphs (b) and (c) of this rule to the treasurer of state to be deposited in the general operations fund created in section 3701.83 of the Revised Code. Except for the amounts required to be included as part of an annual license fee under paragraphs (b) and (c) of this rule 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 swimming pool fund created by division (e) of section 3749.04 of the Revised Code in each health district. The fees shall be used by the licensor solely for the purpose of administering and enforcing Chapter 3749 of the Revised Code and this chapter.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02
Rule Amplifies: 3749.04
Prior Effective Dates: 8/31/1990 (Emer.), 12/7/90, 10/31/93, 11/27/97, 1/1/04
(A) Except as provided in paragraphs (B) and (C) of this rule, the license fee established by a board of health of a city or general health district pursuant to section 3709.09 of the Revised Code for a public swimming pool, public spa, or special use pool shall be specified in accordance with the following categories:
(1) Individual public swimming pools.
(2) Individual public spas.
(3) Individual special use pools.
(B) Although each public swimming pool, public spa, or special use pool must be issued an individual license, when a public swimming pool, public spa, or special use pool which has been assessed a fee established pursuant to paragraph (A) of this rule is located at the same address as additional public swimming pools, public spas, or special use pools, the license fee established by a board of health of a city or general health district for each additional public swimming pool, public spa, or special use pool may be less than the fees established pursuant to paragraph (A) of this rule.
(C) For public swimming pools, public spas, and special use 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 paragraph (A) of this rule.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3709.02, 3749.02
Rule Amplifies: 3749.01, 3749.02, 3749.03, 3749.04, 3749.05, 3749.06, 3749.07, 3749.09, 3709.09
Prior Effective Dates: 8/31/1990 (Emer.), 12/7/90
(A) The actual cost to a city or general health district of maintaining the public swimming pool, public spa, and special use pool program shall be calculated through utilization of the following data from its previous fiscal year:
(1) The list of all inspecting sanitarians working in the public swimming pool, public spa, and special use pool program;
(2) The percentage of time worked in the public swimming pool, public spa, and special use pool program by each inspecting sanitarian calculated by dividing the amount determined under paragraph (A)(2)(a) of this rule by the amount determined under paragraph (A)(2)(b) of this rule.
(a) Total hours worked in the public swimming pool, public spa, and special use pool program by each inspecting sanitarian.
(b) The total hours for which each inspecting sanitarian was paid in the last year;
(3) The total annual wages or salary paid to each inspecting sanitarian;
(4) The total amount for fringe benefits paid on behalf of each inspecting sanitarian;
(5) The total travel costs for each inspecting sanitarian;
(6) The support costs for the program as determined by one of the following methods:
(a) Use of actual support cost items which may include but are not limited to the salary and fringe benefits of the health commissioner, the director of environmental health, supervisory staff, clerical staff, utilities, rent, supplies, equipment, liability insurance, and training. Actual support costs of the public swimming pool, public spa, and special use pool program are calculated by multiplying the amount determined under paragraph (A)(6)(a)(i) of this rule by the amount determined under paragraph (A)(6)(a)(ii) of this rule.
(i) The portion of total departmental support costs allocated to the environmental health subdivision.
(ii) The percentage of total time worked in the public swimming pool, public spa, and special use pool program by all inspecting sanitarians;
(b) Use of an indirect cost rate of twenty-five per cent of the wages or salaries and fringe benefits of inspecting sanitarians attributable to the public swimming pool, public spa, and special use pool program. The wages or salaries and fringe benefits of inspecting sanitarians attributable to the public swimming pool, public spa, and special use pool program shall be determined by multiplying the amounts determined for each sanitarian under paragraphs (A)(3) and (A)(4) of this rule by the percentage for that sanitarian determined under paragraph (A)(2) of this rule and adding the products;
(c) Application of a negotiated indirect cost rate and calculation method approved by an agency of the federal government for the local health district to the public swimming pool, public spa, and special use pool program; and
(7) The laboratory costs for the public swimming pool, public spa, and special use pool program.
(B) The costs for the public swimming pool, public spa, and special use pool program may also include but are not limited to the amounts of any known or anticipated increases in costs or expenses for such items as rent, utilities, equipment, and current personnel, as well as the costs for additional personnel identified by the board of health of the city or general health district after the performance of a personnel needs analysis by the director of health.
(C) The total public swimming pool, public spa, and special use pool program costs shall be calculated in the following manner:
(1) For each inspecting sanitarian, multiply the amount of total annual wages or salary determined under paragraph (A)(3) of this rule by the percentage determined pursuant to paragraph (A)(2) of this rule. Sum the products;
(2) For each inspecting sanitarian, multiply the fringe benefits determined under paragraph (A)(4) of this rule by the percentage determined pursuant to paragraph (A)(2) of this rule. Sum the products;
(3) For each inspecting sanitarian, multiply the total travel costs determined under paragraph (A)(5) of this rule by the percentage determined pursuant to paragraph (A)(2) of this rule. Sum the products. As an alternative, the actual travel cost for each inspecting sanitarian attributable to the public swimming pool, public spa, and special use pool program may be used. Sum the actual costs;
(4) Add the amounts determined under paragraphs (A)(6), (A)(7), and (B) of this rule to the totals calculated in paragraphs (C)(1), (C)(2), and (C)(3) of this rule. This total is the cost for the public swimming pool, public spa, and special use pool program.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02, 3709.09
Rule Amplifies: 3749.01, 3749.02, 3749.03, 3749.04, 3749.05, 3749.06, 3749.07, 3749.09, 3709.9
Prior Effective Dates: 8/31/1990 (Emer.), 12/7/90
(A) No person shall construct or install, or renovate or otherwise substantially alter a public swimming pool, public spa, or special use pool after September 10, 1987, until the plans for the pool or spa have been submitted to and approved by the director of health. The plans and approval required under this paragraph do not apply to repairs or ordinary maintenance that does not substantially affect the manner of water recirculation or basic design of the public swimming pool, public spa, or special use pool.
(1) As used in this chapter, “renovation or other substantial alteration” means:
(a) Construction that changes the depth, shape, or other basic design features of a public swimming pool, public spa, or special use pool in a manner that affects pool or spa patron safety or recirculation system design, changes a pool’s or spa’s deck, changes the basic design of a diving board, or adds a special feature;
(b) Complete replacement of the recirculation system, as defined in paragraph (O) of rule 3701-31-01 of the Administrative Code. Replacement of an individual pump that is properly sized for the existing recirculation system is not a renovation other substantial alteration;
(c) Installation of a diving board or diving stand, except for a replacement, as provided in paragraphs (F) (6) and (G) (3) of rule 3701-31-04 of the Administrative Code;
(d) Replacement of all return piping, or all skimmer piping, from the filter room to the pool, or the main drain fitting and pipe. Maintenance replacement of damaged or failed piping is not a renovation or substantial alteration. All pipe replacement or repair shall be with pipe of equal or greater size and it shall be rigid PVC pipe meeting the requirements of ASTM D-1785;
(e) 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;
(f) Replacement of a chemical feeding or generating device with an erosion feed device which has equal or greater rated flow capacity, or replacement of an erosion feed device with a chemical feeding or generating device which has equal or greater rated flow capacity, or
(g) Replacement of an individual filter with a filter using different media, or a different method of operation. Replacement of a filter with one that uses the same media, method of operation, and has the same rated filter flow capacity is not a renovation or other substantial alteration. All filter replacements shall be in accordance with paragraph (C)(2) of rule 3701-31-04 of the Administrative Code.
(2) As used in this rule:
(a) “Plans” means all items that are required to be submitted to the director by paragraphs (C) and (D) of this rule and any additional information requested by the director for purposes of determining whether the public swimming pool, public spa, or special use pool will meet the requirements of this chapter.
(b) “Project” means construction, installation, renovation, or substantial alteration of a public swimming pool, public spa, or special use pool.
(3) Within thirty days of receiving plans for approval, the director shall either approve or disapprove the plans or, in the case of incomplete plans, the director may request additional information. If the director requests additional information, the director shall approve or disapprove the plans within thirty days after the earlier of receiving the additional requested information, or upon the receipt of complete plans which meet the requirements of paragraphs (C) and (D) of this rule and Chapter 3749. of the Revised Code. The director may disapprove plans at any time if:
(a) The applicant for plan approval fails to comply with any requirement for Chapter 3749. of the Revised Code or this chapter; or
(b) 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.
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.
(B) The fees for approval of plans are:
(1) Eight per cent of the total cost of the equipment and installation, excluding the cost and installation of a special feature, not to exceed four hundred ninety-five dollars for a public swimming pool, public spa, or special use pool, or a combination thereof, that has less than two thousand square feet of surface area. This fee includes the cost of up to three inspections as may be required under rule 3701-31-031 of the Administrative Code.
(2) Eight per cent of the total cost of the equipment and installation, excluding the cost and installation of a special feature, not to exceed nine hundred eighty-five dollars for a public swimming pool, public spa, special use pool, or a combination thereof, that has two thousand or more square feet of surface area. This fee includes the cost of up to four inspections as may be required under rule 3701-31-031 of the Administrative Code.
(3) In addition to the fee required under paragraphs (B)(1) and (B)(2) of this rule, eight per cent of the total cost of equipment and installation for each special feature, not to exceed four hundred ninety-five dollars for each special feature which is included with any new special use pool or is added to any existing public swimming or special use pool. This fee includes the cost of up to two inspections required under rule 3701-31-031 of the Administrative Code.
(4) Notwithstanding paragraphs (B)(1), (B)(2), and (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 one thousand eight hundred and seventy-five dollars, the fee shall be one hundred fifty dollars. This fee includes the cost of one inspection as may be required under rule 3701-31-031 of the Administrative Code.
(5) For each plan review inspection in excess of those indicated in paragraph (B)(1), (B) (2), (B)(3), or (B)(4) of this rule, as applicable, that may be required under rule 3701-31-031 of the Administrative Code, the fee shall be one hundred dollars.
(6) Notwithstanding paragraphs (B)(1) to (B)(4) of this rule, in the case of replacement of equipment as specified in paragraph (A)(1)(f) or (A)(1)(g) of this rule that is a renovation or other substantial alteration, the fee shall be thirty-five dollars. A plan review inspection is not required.
As used in this paragraph, “combination thereof” means two or more public swimming pools, public spas, or special use pools that share the same recirculation system, as defined in paragraph (O) of rule 3701-31-01 of the Administrative Code.
(C) 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 (D) of this rule;
(2) Four copies of a data sheet form prescribed by the director that is signed by the designer of the pool or spa. 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 pool or spa and its recirculation 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 pool or spa or shall be accompanied by a letter signed by the owner authorizing the designer to submit the 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 (A)(1)(f) or (A)(1)(g) of this rule at an existing pool, a plan review equipment replacement form, as prescribed by the director, shall be submitted to the director providing information identifying the 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 renovation and other substantial alteration projects. The information provided on the plan review equipment replacement form shall be accepted in lieu of the information required by paragraphs (C)(1) to (C)(3) of this rule unless the renovation or substantial alteration project contains additional plan review elements.
(5) 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.”
(D) The drawings and specifications required to be submitted by paragraph (C)(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, public spa, or special use pool, and including decks, walkways, piping (with sizes indicated), and the location of inlets and outlets;
(4) Design plans for the recirculation system and the disinfection and filtration equipment, including their location and description;
(5) A plumbing schematic of the recirculation system, disinfection system, and other required equipment;
(6) Descriptions of the materials used in construction of the public swimming pool, public spa, or special use pool, its finish, and details of construction;
(7) The depths of the public swimming pool, public spa, or special use pool and the location of death markings;
(8) The locations of diving areas and descriptions or drawings of diving equipment;
(9) The locations of ladders, stairs, and ramps;
(10) Descriptions and drawings of fencing and methods of traffic control;
(11) Design plans for removing and disposing of backwash water from the filters;
(12) A description of the method of filling and emptying the public swimming pool, public spa, or special use pool and the source of the water for the pool or spa and, if an on-site water treatment system will be used to meet the requirements of paragraph (B)(1) of rule 3701-31-07 of the Administrative Code, drawings and specifications of the treatment system;
(13) The location and content of signs;
(14) The number and location of lifeguard chairs; and
(15) 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.
For an application for approval of plans for renovation or substantial alteration of an existing public swimming pool, public spa, or special use pool, the director, on request of the applicant for plan approval, may waive submission of any of the items required by this paragraph if the director determines that they are not necessary to review the plans effectively.
(E) An applicant for plan approval may request a variance from any of the requirements of rules 3701-31-01 to 3701-31-07 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 paragraph (A) 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.
(F) Except as otherwise provided in this paragraph, a plan approval issued by the director under this rule shall be valid for two years after the date on which the director issues the approval. The director may grant one extension for a specified period of time 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, renovation, 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 (C) and (D) of this rule.
(G) 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, public spa, or special use pool is or is to be located.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02
Rule Amplifies: 3749.03
Prior Effective Dates: 1/1/1977, 1/1/91, 1/1/92, 12/1/93, 3/28/94, 8/3/97, 1/8/98, 1/1/99, 1/1/04
(A) Except as provided in paragraphs (B) and (C) of this rule, all construction, installation, renovation, or other substantial alteration of a public swimming pool, public spa, or special use pool shall be performed in accordance with the plans as approved by the director under section 3749.03 of the Revised Code and rule 3701-31-03 of the Administrative Code and any variances granted by the director under that rule.
(B) If a person who has received a plan approval under rule 3701-31-03 of the Administrative Code wishes to alter any aspect of the approved plans, other than as provided in paragraph (C) of this rule or as otherwise provided in this paragraph, the person shall file a written request for amendment of the approved plans. The director shall grant the request unless the director determines that the amendment will cause the plans not to comply with a requirement of Chapter 3749. of the Revised Code or this chapter, subject to any variances that the director may grant. If the person who has received plan approval wishes to make a substantial change from the originally approved plans, the person shall file new plans under rule 3701-31-03 of the Administrative Code. As used in this paragraph, “substantial change from the originally approved plans” means a redesign of the recirculation or water treatment systems with changes in appurtenant equipment, a change from a skimmer overflow system to a gutter overflow system or from a gutter overflow system to a skimmer overflow system, a change of more than five per cent in pool or spa volume, or a change in layout, depths, or other dimensional features that significantly affects safety.
(C) The following construction tolerances are permitted for the dimensional design measurements of a newly constructed or installed public swimming pool, public spa, or special use pool, or the portion of a pool or spa that has been renovated or otherwise substantially altered, as set forth on the approved plans and as required by the applicable provisions of this chapter:
(1) Overall length, width, and depth in the deep end may vary plus or minus three inches.
(2) All other dimensions may vary plus or minus two inches.
(3) Pool wall slopes may vary a maximum of one degree.
(4) Diving hopper depths may vary zero to plus three inches. All other hopper dimensions may vary minus two inches to plus three inches.
(D) Each person to whom a plan approval is issued shall assure that during construction, installation, renovation, or substantial alteration of a public swimming pool, public spa, or special use pool, a sign containing directions to the specific location of the pool or spa is posted at the project site.
(E) 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.
(F) Prior to the issuance of a license to operate a newly constructed or altered public swimming pool, public spa, or special use pool, the director or a licensor authorized by the director shall verify that the construction or alterations are consistent with the plans submitted and approved under paragraph (A) of rule 3701-31-03 of the Administrative Code. The director or licensor authorized by the director shall have two working days from the time notification is received that a public swimming pool, public spa, or special use pool is ready for an inspection to verify the construction or alterations.
(1) One 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 and except as provided in paragraph (F)(2) of this rule, one or more visual 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 pool or spa 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; and
(b) A final inspection shall be conducted for test purposes when the pool or spa is complete and ready to be placed in operation.
(2) If, through no fault of the applicant for plan approval or any person acting on the applicant’s behalf, the director or licensor authorized by the director is unable to conduct one of the inspections required by paragraph (F)(1)(a) of this rule, work may proceed and verification that the construction or alterations are consistent with the approved plans shall be made by means of the next inspection required by paragraph (F)(1) of this rule.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02
Rule Amplifies: 3749.01, 3749.02, 3749.03, 3749.04, 3749.05, 3749.06, 3749.07, 3749.09, 3749.99
Prior Effective Dates: 1/1/1991, 1/1/94, 1/1/04
(A) Except as provided in this paragraph, the design requirements set forth by this rule apply to every public swimming pool, public spa, or special use pool regardless of construction date. If a pool or spa is constructed, installed, renovated, or otherwise substantially altered, as defined in rule 3701-31-03 of the Administrative Code, the requirements of rule 3701-31-041 of the Administrative Code shall apply and any conflicting requirement of this rule shall not apply. Unless renovated or otherwise substantially altered, in addition to the requirements of this rule, each public swimming pool, public spa, or special use pool that was constructed on or after January 1, 1991, but prior to January 1, 1999, shall comply with the design requirements of rule 3701-31-041 of the Administrative Code that were in effect at the time of construction.
(B) If the water supply to a public swimming pool, public spa, or special use pool is not from a public water system as defined in rule 3745-81-01 of the Administrative Code, the licensee shall ensure that the pool or spa has a water treatment system that is designed and installed properly to pretreat the water supply for the pool or spa so that it meets the applicable water quality standards of Chapter 3745 of the Administrative Code. The water supply system of a pool or spa shall be protected at all times against cross-connection in accordance with Chapters 3745-95 and 4101:2-51 of the Administrative Code.
(C) Each public swimming pool, public spa, or special use pool shall have a recirculation system, a hair and lint strainer (for vacuum DE filters this may be the filter itself), piping, disinfection equipment, and other necessary equipment that the director or the licensor, as applicable depending upon whether licensure or plan approval is at issue, determines can clarify and disinfect the water of the pool or spa adequately. All such equipment shall be enclosed in such a manner as to be accessible only to authorized persons and not to bathers. Construction and drainage shall be arranged to avoid the entrance and accumulation of water in the vicinity of electrical equipment.
(1) Turnover rates.
(a) On average, water in a public swimming pool, public spa, or special use pool shall be recirculated and filtered completely in accordance with the following turnover rates, as applicable:
(i) For public swimming pools (other than wading pools) and special use pools: at least once every eight hours.
(ii) For wading pools: at least once every two hours.
(iii) For public spas: at least once every thirty minutes.
(b) The licensor, may allow a longer turnover rate if the licensee can document that the pool or spa has consistently met the water quality standards of rule 3701-31-07 of the Administrative Code. If the licensor finds that the pool or spa has violated the water quality standards, or if the recirculation system is replaced, the licensee shall bring the pool or spa into compliance with the turnover rate requirements of paragraph (C)(1)(a) of this rule or rule 3701-31-041 of the Administrative Code depending on the date of original construction.
(2) Filters used for a public swimming pool, public spa, or special use pool shall be replaced only with filters that are approved and listed for the relevant flow rate by the “National Sanitation Foundation” or another organization or agency that approves equipment used for swimming pools, spas, or special use pools, if the organization or agency establishes standards or maintains testing or monitoring procedures comparable to the American National Standards Institute (ANSI) “Standard No. 50”.
(3) Each public swimming pool, public spa, or special use pool shall have inlets, one or more main drains, and gutters or skimmers that the director or the licensor, as applicable depending upon whether licensure or plan approval is at issue, determines can provide proper skimming, recirculation, and handling of displacement water. Surface skimming overflow fittings may be used for wading pools.
(4) All outlets, except skimmers, on pump suction at public swimming pools, public spas, or special use pools shall always be covered with suitable protective grates that cannot be removed without tools and that pose no safety hazard.
(5) A means of determining rate-of-flow shall be properly installed or provided on all public swimming pools, public spas, or special use pools so that the rate of recirculation can be accurately determined. All instruments shall be installed so they can be easily observed.
(6) A pressure or vacuum gauge or gauges, appropriate to the type of filter, shall be properly installed to indicate pressure loss through each filter at a public swimming pool, public spa, or special use pool.
(7) All public spas shall have a drain at the deepest part of the spa to allow for the complete drainage of the spa water or the licensee shall have on site the equipment necessary for complete removal of the water.
(8) Automatic chemical controllers shall comply with the requirements of paragraph (A)(3) of rule 3701-31-07 of the Administrative Code. All installations of automatic chemical controllers shall be accompanied by an installation of pH adjustment equipment.
(9) All wading pools, special use pools thirty-six inches or less in depth, and spas that have a single main drain on direct suction shall be equipped with a vacuum limit switch mounted ahead of the hair and lint strainer, which shall cause the recirculation pump, and, for spas any jet pump, to immediately cease operation and release the vacuum if the vacuum limit is exceeded. This requirement does not apply if the pool is modified to meet the requirements of paragraph (Q) or paragraph (S) of rule 3701-31-041 of the Administrative Code.
(10) Public swimming pools, public spas, and special use pools may install sixty MIL polyvinyl chloride (PVC) membrane linings or other synthetic material approved by the director instead of repainting interior surfaces. Whenever a public swimming pool, public spa, or special use pool is repainted, the requirements of paragraph (E)(1) of rule 3701-31-041 of the Administrative Code shall apply.
(D) Either area lighting or area and underwater lighting shall be provided at each public swimming pool, public spa, or special use pool when nighttime use is permitted. The lighting shall be sufficient to illuminate adequately the pool or spa bottom.
(E) Safe ladders, recessed treads, or stairs with handrails shall be provided for all public swimming pools, public spas, and special use pools. At least one handrail shall be provided at all public spas to indicate a point of entry and exit from the spa.
(F) Recreational diving.
(1) Recreational diving areas are diving hoppers at public swimming pools or special use pools designed in accordance with paragraph (F)(2) of this rule. Recreational diving equipment (diving stands and boards) shall have a fixed (wrench-adjustable) fulcrum, locked in the forward-most position at all times. The adjusting wheels of foot-adjustable fulcrums shall be removed.
(2) Recreational diving equipment may be installed for recreational diving purposes only at public swimming pools or special use pools with design features in compliance with the following “recreational diving area design features” chart:
For Image — To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.
Max. board ht. Max. diving Min. Board
Over water Board length Overhang D1 D2 D3 D4 L1 L2
Deck Level 8’ 24” 7’0” 8’6” 7’6” 5’0” 5’0” 10’0”
26” 10’ 2’6” 7’6” 8’6” 8’0” 5’0” 5’0” 10’0”
30” 12’ 3’0” 8’0” 9’0” 8’0” 5’0” 5’0” 10’0”
1-Meter 16’ 4’0” 8’6” 9’0” 8’0” 5’0” 5’0” 11’5”
3-Meter 16’ 4’0” 8’6” 11’0” 10’0” 5’0” 5’0” 11’5”
Note: A deck level board is one-half meter (nineteen inches) or less above water level. A longer board may be used on a lower stand if the water depth meets or exceeds the requirements for the longer board. Diving hopper side and end slopes shall not exceed forty-five degrees.
(3) Unobstructed headroom above all recreational diving boards used in recreational diving areas shall extend for at least fifteen feet above the board and for no less than ten feet in all directions over the water, measured from the center of the diving end of the board.
(4) The depths of water required beneath recreational diving boards shall be present for a distance of not less than five feet for diving boards one meter or less in height, or not less than seven feet for three-meter diving boards, on either side of a vertical plane drawn through the center line of the diving board.
(5) Horizontal separation between recreational diving boards shall be at least ten feet. The horizontal distance between a one-meter or less recreational diving board and the pool side wall shall be at least ten feet. The horizontal distance between a three-meter recreational diving board and the pool side wall shall be at least eleven feet.
All measurements shall be taken from the center of the diving end of the board at the pool surface.
(6) Diving boards and platforms in excess of three meters in height are prohibited.
(7) Recreational diving equipment may be replaced in the same location provided that the diving board is of the same length and is located at the same height above water level, but only if the diving hopper dimensions meet or exceed the standards set forth in this rule at the time of replacement.
(G) Competitive diving.
(1) Competitive diving areas are diving hoppers at public swimming pools or special use pools designed in accordance with paragraph (G)(2) of this rule. Competitive diving equipment is defined as the diving stands and boards at such pools which utilize adjustable fulcrums.
(2) Diving boards may be installed for competitive diving purposes only on public swimming pools or special use pools that are designed in compliance with either of the following:
(a) The appendix to this rule, which depicts the 1988-1992 design standards of the “Federation Internationale de Natation Amateur,” the 1989 design standards of the “National Collegiate Athletic Association,” and the 1989-1990 standards of “United States Diving, Incorporated,” or
(b) The most recent version of the design standards of the “Federation Internationale de Natation Amateur,” the “National Collegiate Athletic Association,” or the “United States Diving, Incorporated.”
The licensor may allow use of a diving board for competitive diving at a pool not designed in compliance with this paragraph if the licensee presents satisfactory evidence that the pool is designed in accordance with a version of the standards set forth in the appendix that was in effect at the time the pool was constructed.
(3) Competitive diving equipment may be replaced in the same location provided that the diving board is of the same length and is located at the same height above water level, and the diving hopper meets or exceeds the standards set forth in this rule at the time of replacement.
(H) All diving stands and boards, slides, and other competitive or recreational equipment shall be of substantial construction and of sufficient structural strength to safely carry the maximum anticipated loads with the following design requirements:
(1) Steps shall be of corrosion-resistant materials, easily cleanable and of non-slip design. Step treads shall be self-draining.
(2) Handrails shall be provided at all steps and ladders leading to diving boards more than one meter above the water.
(3) Platforms and diving boards which are one meter high or higher shall be protected with guard rails as recommended by the manufacturer which, at a minimum, extend horizontally to the edge of the water.
(4) Boards or platforms three meters or higher shall have an effective side barrier.
(I) Starting blocks shall be designed appropriately for their purpose. Adequate materials or equipment shall be kept available to rope off or otherwise make starting blocks inaccessible to the general public.
(J) The shape, dimensional design, and other features of a public swimming pool, public spa, or special use pool and the surrounding area shall be such that the circulation of water and the safety of the patrons of the pool or spa are not impaired.
(K) Signs.
(1) “No diving” signs using letters a minimum of four inches in size or equivalent pictorial signage shall be placed adjacent to depth markers along the deck of a public swimming pool or special use pool at shallow areas within two feet of the water’s edge or within six inches of the back of the gutter. The signs shall have slip resistant surfaces. The linear distance measured along the pool wall and across stair setbacks between adjacent signs shall not be greater than twenty-five feet. “No diving” signs are not required at wading pools or public spas. Notwithstanding the requirements of rule 3701-31-06(N) of the Administrative Code, the licensee may allow diving from starting blocks or the pool deck in shallow areas specifically for competitive racing events provided that the depth of water in those areas is no less than four feet.
(2) Depth markings.
(a) Depth of water of a public swimming pool, public spa, or special use pool shall be plainly marked on the adjacent deck surface within two feet of the edge of the water or within six inches of the back of the gutter. All depth markers shall have slip resistant surfaces. The linear distance measured along the pool wall and across stair setbacks between adjacent markings shall not be greater than twenty-five feet. The depth of water at a public swimming pool or special use pool shall be marked at maximum and minimum points, at the points of break between the deep and shallow portions, and at intermediate points. A minimum of two depth markings per public spa or wading pool shall be provided;
(b) All depth markings shall consist of numerals reflecting the water depth to the nearest six-inch or one-half foot increment with units indicated in letters. Depth marking numerals shall be at least four inches in size and shall be of a color that contrasts with the background. The designation of units of measure shall be in letters and feet and inches may be abbreviated. If tiles are used, the unit designation may be in smaller letters (one and one-quarter inches minimum) located in the upper right portion of the tile. Areas of zero depth entrance may be marked in accordance with paragraph (R) of rule 3701-31-041 of the Administrative Code.
(3) The licensee of a public swimming pool or special use pool not required to provide a lifeguard by paragraph (B) of rule 3701-31-05 of the Administrative Code shall post a warning sign prominently in the pool area which states: “Warning, no lifeguard.”
(4) The licensee shall post a sign in the immediate vicinity of each public swimming pool, public spa, and special use pool stating the location of the nearest telephone.
(5) The licensee shall assure that a sign is posted at the emergency telephone indicating the name and telephone number of the nearest available police station, fire station, and rescue unit and any other names and telephone numbers likely to be needed in the event of an emergency.
(6) When any public swimming pool, public spa, or special use pool is closed, the licensee shall post conspicuously at least one sign stating “danger-pool (SPA) closed” or “warning-pool (SPA) closed.”
(7) The licensee of a public spa shall mount a caution sign prominently adjacent to the entrance to the spa. The sign shall contain the following information using the following language or similar language:
Caution
-Pregnant women, elderly persons, and persons suffering from heart disease, diabetes or high or low blood pressure should not enter the spa/hot tub without prior medical consultation and permission from their doctor.
- Do not use the spa/hot tub while under the influence of alcohol, tranquilizers, or other drugs that cause drowsiness or that raise or lower blood pressure.
- Do not use at water temperatures greater than one hundred four degrees fahrenheit.
- Do not use alone.
- Unsupervised use by children is prohibited.
- Observe reasonable time limits (that is, ten to fifteen minutes), then leave the water and cool down before returning for another brief stay.
- Long exposure may result in nausea, dizziness, or fainting.
(8) Water slide sign requirements:
(a) The minimum user height shall be posted. This measurement shall be the manufacturer’s recommendation or six inches above the static water level of the pool based on the depth of the pool immediately beneath the flume on the slide.
(b) Safety recommendations, as provided by the manufacturer, shall be posted conspicuously at the slide. At a minimum the postings shall contain the following information using the following language or similar language:
(i) Users shall ride feet first at all times;
(ii) Stopping, changing position, and forming “chains” are prohibited;
(iii) Life jackets or other flotation devices are prohibited other than those designed for the slide and used as directed by the manufacturer;
(iv) Users must exit the landing area of the slide immediately;
(v) Speed slide users shall remain flat;
(vi) Users in line for the slide shall follow directions from the dispatcher.
(9) Recreation slide sign requirements:
(a) Safety recommendations, as provided by the manufacturer, shall be posted conspicuously at the slide. At a minimum the postings shall contain the following information using the following language or similar language:
(i) One user on the platform at any time;
(ii) Always check to see if splashdown area is clear before entering slide;
(iii) Users shall ride feet first at all times;
(iv) Stopping, changing position, and forming “chains” are prohibited;
(v) Two users shall not ride at the same time;
(vi) Life jackets or other flotation devices are prohibited other than those designed for the slide and used as directed by the manufacturer;
(vii) Users must exit the landing area of the slide immediately.
(10) Special Features. Safety recommendations, as provided by the manufacturer, shall be posted conspicuously.
(L) For each public swimming pool or special use pool, the licensee shall provide a safety line with intermittent floats at water depths which exceed five feet, and at changes that increase pool bottom slope. The line shall be anchored to the interior wall of the pool. The safety line shall be located one foot toward the shallow portion from the change in slope. If the design of the pool prevents location of the safety line one foot toward the shallow portion, the line shall be located at the change in slope. A safety line is not required if there is no break in slope between the shallow and deep portions of the pool and the maximum water depth is six feet or less.
(M) Perimeter Fence.
(1) The licensee shall provide a perimeter fence or barrier to enclose each public swimming pool, public spa, special use pool, or complex of pools or spas. The fence shall be located in such a manner as to prevent unauthorized access to the pool or spa or complex of pools or spas. The fence or barrier shall be at least forty-two inches in height from the ground to the top of the fence. All gates or doors shall be lockable. Any gates that are used for ingress or egress of pool or spa patrons also shall be self-closing.
(2) The perimeter fence or barrier shall be constructed in such a manner that a sphere with a diameter of six inches cannot be passed through any opening.
(3) The licensee shall provide a responsible person to continually monitor any gate, door, or opening in the perimeter fence that cannot be made self-closing when such opening is used for ingress or egress of pool or spa patrons.
(4) All fences and barriers shall be properly maintained to secure against unauthorized entry.
(N) The licensee shall provide toilet and bathhouse facilities for a public swimming pool, public spa, or special use pool in accordance with the local and state building codes that were applicable when the pool or spa was constructed or when the most recent major alteration of the existing toilet or bathhouse facilities was made. The licensee shall maintain the toilet and bathhouse facilities in a clean and sanitary condition.
(O) The licensee shall ensure that the discharge of any water from a public swimming pool, public spa, or special use pool is accomplished in accordance with the applicable requirements of the Ohio environmental protection agency.
Appendix Competitive Diving Board Design Standards
Minimum Standard Diving Facility Fina 1988-1992
Dimensions for Springboard Diving Ncaa 1989
Us Diving 1989-1990
BOARD ENGLISH METRIC
Length of Board 1M 16’ 4.80M
3M 16’ 4.80M
Width of Board 1M 20” .5M
3M 20” .5M
A) Springboard back to Pool Wall 1M 6’ 1.8M
3M 6’ 1.8M
B) Springboard to Pool Wall at Side 1M
3M
C) Springboard to Adjacent Plummet 1M
3M
D) Springboard to Pool Wall Ahead 1M 29’7” 9M
3M 33’8” 10.25M
E) Springboard to Ceiling Overhead 1M 16’5” 5M
3M 16’5” 5M
F) Clear Overhead, Behind and Each 1M F 8’3” 2.5M
Side of Springboard E 16’5” 5M
(F distance listed above) 3M F 8’3” 2.5M
(E depth listed below) E 16’5” 5M
G) Clear Overhead, Ahead of Springboard 1M G 16’5” 5M
E 16’5” 5M
(G distance listed above) 3M G 16’5” 5M
(E depth listed below) E 16’5” 5M
H) Depth of Water at Springboard 1M 11’6” 3.5M
3M 12’6” 3.8M
J) Distance and Depth Ahead 1M J 16’5” 5M
& of Springboard K 11’2” 3.4M
K) (J distance listed above) 3M J 19’9” 6M
(K depth listed below) K 12’2” 3.7M
L) Distance and Depth Each 1M L 4’10” 1.5M
& Side of Springboard M 11’2” 3.4M
M) (L distance listed above) 3M L 6’7” 2.0M
(M depth listed below) M 12’2” 3.7M
N) Maximum Slope to Reduce Dimensions Depth 30 Degrees
Beyond Full Requirements Height 30 Degrees
Appendix A Diagrams of a Diving Facility
For Appendix — To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02
Rule Amplifies: 3749.02, 3709.03
Prior Effective Dates: 1/1/1977, 1/1/91, 1/1/92, 1/1/94, 1/1/99, 6/12/00, 1/1/04
(A) The requirements prescribed by this rule shall apply to the construction or installation of each new public swimming pool, public spa, or special use pool and to any areas of an existing public swimming pool, public, spa, or special use pool that are affected by a renovation or other substantial alteration, as defined in rule 3701-31-03 of the Administrative Code, made on or after January 1, 1999. To the extent that they are not superseded by requirements of this rule, the requirements of rule 3701-31-04 of the Administrative Code also apply to such a pool, spa, or area.
(B) Public spa and wading pool depths.
(1) The maximum water depth of a public spa shall be four feet.
(2) The maximum water depth of a wading pool shall be eighteen inches.
(C) Public swimming pool, public spa, or special use pool water shall be protected at all times from cross-connection with storm water or sanitary sewage drains and sewers. Condensate water from dehumidifiers, air conditioning or other air handling equipment shall not be returned to the pool.
(D) When reviewing plans for a public swimming pool, public spa, or special use pool, the director may require a more rapid turnover rate than the applicable rate prescribed by paragraph (C) of rule 3701-31-04 of the Administrative Code, or this paragraph, if the director determines that a more rapid rate is appropriate for the design or intended use of the pool or spa. Turnover rates for special use pools shall be as follows:
(a) For special use pools of twenty-four inches or less in average depth, the turnover rate shall be at least every two hours.
(b) For special use pools greater than twenty-four inches to thirty-six inches in average depth, the turnover rate shall be at least every three hours.
(c) For special use pools of more than thirty-six inches average depth, the turnover rate shall be at least every four hours; except that in the case of a pool with only twenty percent of the pool’s area devoted to special feature use, the turnover rate shall be at least every five hours.
(E) Construction materials.
(1) Public swimming pools, public spas, and special use pools and the internal piping of pools and spas shall be constructed of materials which are inert, non-toxic to humans, impervious, and capable of withstanding the design stresses. The construction materials for any pool or spa shall provide a safe, impervious water-tight tank with a smooth and easily cleanable surface. Construction materials for decks shall provide a smooth easily cleanable, slip-resistant surface. The interior surfaces of pools and spas shall be painted white, unless the color is submitted to and approved by the director. Racing lanes shall be painted in accordance with the applicable competitive standard.
(2) Vinyl liners shall not be used as the primary construction material that ensures that a pool or spa is impervious.
(F) Decking.
(1) Decking shall extend around no less than fifty per cent of a public swimming pool’s or special use pool’s perimeter. The decks of outdoor public swimming pools or special use pools shall be at least five feet wide. The decks of indoor public swimming pools or special use pools shall be at least three feet wide. No pool shall have more than twelve consecutive feet in length of pool perimeter which is not accessible to a deck of at least two feet in length that also has access away from the pool. There are no minimum deck requirements for public spas.
(2) Decks or surrounding areas of an outdoor public swimming pool, public spa, or special use pool shall not drain to the pool or spa or its recirculation system. The deck of an indoor public swimming pool, public spa, or special use pool shall drain to a separate drainage system and shall not be interconnected with the recirculation system. Decks shall be carefully constructed to provide drainage from the deck and to prevent any standing water.
(3) Decks and other areas accessible to the patrons of a public swimming pool, public spa, or special use pool that are within five feet of the water’s edge for an outdoor pool or spa or within three feet of the water’s edge for an indoor pool or spa shall have surfaces that are easily cleanable, non-abrasive, slip-resistant, not subject to microbial growth or deterioration, and do not present a hazard to public health or safety. These decks and other accessible areas shall not be constructed of wood and shall not be carpeted.
(4) The edges of decks at all public swimming pools, public spas, and special use pools shall be rounded to prevent injury to patrons of the pool or spa. Concrete or brick decks shall be rounded to a minimum of a one-eighth inch radius.
(5) A deck with a minimum width of four feet shall be provided around diving equipment, and special feature stairways.
(G) Fences.
(1) The licensee shall provide a perimeter fence or structural barrier to enclose a public swimming pool, public spa, special use pool or complex of pools or spas which shall be at least forty-eight inches in height. All gates or doors in the perimeter fence or barrier shall be lockable, and any gates or doors that are used for ingress or egress of pool or spa patrons shall be self-closing and self-latching with the latching mechanism at a height of at least forty-five inches above the ground. The fence or barrier shall be constructed on the outside without horizontal members that would make it easy to climb and in such a manner that a sphere with a diameter of four inches cannot be passed through any opening. Electronic detection devices shall not be used in place of the required fence or barrier.
(2) The licensee of a wading pool shall provide a fence or structural barrier with a minimum height of thirty-six inches to completely enclose and separate the wading pool from any special use pool, public spa, or other public swimming pool that is not a wading pool. All gates or doors in this fence or barrier shall be self-closing and self-latching. The fence or barrier shall be constructed on the inside without horizontal members that would make it easy to climb and in such a manner that a sphere with a diameter of four inches cannot be passed through any opening.
(H) Ramps or any other means of ingress or egress furnished in public swimming pools, public spas, or special use pools for accessibility to physically handicapped or disabled individuals shall comply with public law 101-336, 28 CFR parts 35 and 36, known as the Americans with Disabilities Act of 1990, as amended. Any access ramp shall enter into the shallow end of a public swimming pool or special use pool.
(I) Public swimming pools or special use pools shall be provided with ladders, stairs, or recessed steps at both the shallow and deep ends. This requirement also shall apply to pools substantially altered if the alteration affects the pool walls. If such a newly constructed or altered pool is over thirty feet wide, ladders, stairs, or recessed steps shall be installed on each side.
(J) The licensee of a public swimming pool, public spa, or special use pool shall provide toilet and bathhouse facilities in accordance with table 2909.1 of rule 4101:2-29-09 of the Administrative Code.
(K) All skimmers, filters, and disinfectant feeders used for a public swimming pool, public spa, or special use pool shall be:
(1) Approved and listed by the “National Sanitation Foundation” or approved and listed by another organization or agency that approves equipment used for swimming pools, spas, or special use pools, if the organization or agency establishes standards or maintains testing or monitoring procedures that the director or the licensor, as applicable depending upon whether plan approval or licensure is at issue, determines are comparable to the standards and procedures of the American National Standards Institute (ANSI) “Standard No. 50”; or
(2) If existing equipment, tested in Ohio in at least ten public swimming pools or public spas of comparable design in accordance with standards and procedures that the director determines are comparable to the standards and procedures of the American National Standards Institute (ANSI) “Standard No. 50”. Engineering reports on technical and performance data and water quality sampling results shall be submitted to the director; or
(3) If new equipment, tested in Ohio in at least three public swimming pools or public spas of different volumes in accordance with standards and procedures that the director determines are comparable to the standards and procedures of the American National Standards Institute (ANSI) “Standard No. 50”. The testing period shall continue for at least one calendar year. Engineering reports on technical and performance data and water quality sampling results shall be submitted to the director. At the conclusion of the testing period, the director may approve or disapprove the continued use of the skimmer, filter, or disinfectant feeder for public swimming pools, spas, or special use pools.
Filters shall be approved and listed for the relevant flow rates.
(L) Water recirculation rate of flow shall be measured and displayed by a properly installed instrument at each public swimming pool, public spa or special use pool. The instrument shall be specifically manufactured for measuring and displaying rate of flow. The instrument shall be installed so that it is easily accessible to observe and maintain.
(M) Lighting. The licensee of an outdoor public swimming pool, public spa, or special use pool which is used at night (after sunset) and the licensee of an indoor public swimming pool, public spa, or special use pool shall provide lighting in accordance with the following applicable requirements:
(1) For outdoor pools (other than wading pools) used at night, the licensee shall provide underwater or area lighting, or both, to adequately illuminate the pool bottom and the deck area.
(2) For indoor pools (other than wading pools), indoor spas, and outdoor spas used at night, the licensee shall provide area or underwater lighting, or both, to adequately illuminate both the pool or spa bottom and the deck area.
(3) For indoor wading pools and outdoor wading pools used at night, the licensee shall provide adequate area lighting. No underwater lighting is required.
(N) Diving.
(1) All public swimming pools or special use pools with diving boards used only for recreational diving shall be constructed or installed in accordance with Appendix A to this rule, the 1982 “Recommended Standards for Swimming Pool Design and Operation” of the “Great Lakes – Upper Mississippi River Board of Public Health and Environmental Managers” or in accordance with Appendix B to this rule, the 1991 “American National Standard for Public Swimming Pools” (ANSI/NSPI-1), provided that the minimum dimensions for recreational diving as set forth in the following chart are met:
Minimum Recreational Diving Area Features
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Max board ht. Max diving Min board
Over water Board length Overhang-L1 D1 D2 L2
19” or less 8’ min. Only 2’6” 7’6” 8’6” 10’0”
26” 10’ 2’6” 7’6” 8’6” 10’0”
30” 12’ 3’0 8’0” 9’0” 10’0”
1-meter 16’ 4’0” 8’6” 10’0” 10’0”
3-meter 16’ 6’0” 11’0” 12’0” 12’0”
Note: a longer board may be used on a lower stand if the water depth meets or exceeds the requirements for the longer board. Diving hopper side and end slopes shall not exceed forty-five degrees.
(2) The water depths required beneath diving boards used for recreational diving shall meet the requirements of paragraph (F)(4) of rule 3701-31-04 of the Administrative Code.
(3) Diving boards may be used for competitive diving only at public swimming pools or special use pools that are specifically designed for competitive diving in compliance with the appendix to rule 3701-31-04 of the Administrative Code and paragraph (N)(4) of this rule.
(4) The horizontal separation between competitive diving boards shall be at least ten feet. The horizontal distance between a one-meter competitive diving board and the pool side wall shall be at least ten feet. The horizontal distance between a three-meter competitive diving board and the pool side wall shall be at least eleven feet. All measurements shall be taken from the center of the diving board at the pool surface.
(5) Floor, deck, or pool bottom pads or padding specially designed for impact energy absorption shall consist of a non-foamed rubber material. The material shall meet all consumer product safety commission standards including ASTM F-1292, “Standard Specification for Impact Attenuation for Surface Systems Under and Around Playground Equipment” as may be amended. Information and testing reports for impact energy absorption materials shall be submitted to the director for approval prior to the following installations:
(a) Pads are required under and around platforms and elevated play features located within any public swimming pool or special use pool.
(b) Pads may be used around diving board stands, towers, and platforms and slide platforms.
(O) Pool walls. The walls of public swimming pools and special use pools shall comply with the following requirements:
(1) The side walls of the diving hopper of a pool with a diving board, other than a pool designed to competitive standards, shall not slope more than one horizontal to five vertical (eleven degrees from vertical). The other side walls of the pool shall meet the requirements of paragraph (O)(2) of this rule.
(2) Except as provided in paragraph (O)(3) of this rule, the walls of a pool that does not have a diving board shall meet the requirements of paragraph (O)(1) of this rule for at least three feet below the water level, below which the walls may either curve to the bottom with a radius not greater than the difference between the depth at that point and three feet, or be sloped.
(3) For pools less than six feet deep, the walls shall slope no more than two horizontal to five vertical (twenty-two degrees from vertical).
(P) Water attractions. Raindrop fountains and other water attractions intended for recreational purposes shall be designed in such a manner that all water flowing from the water attraction is disinfected prior to return to the attraction. Disinfection may be accomplished by either all water flow going through the main recirculation pump and disinfection system prior to the water attraction, or all water flow to the water attraction going through a separate pump and disinfection system with an automatic chemical controller provided on the main pool recirculation system.
(Q) Main drains. All public swimming pools, special use pools, and spas six feet or less in depth shall have at least two main drains on the recirculation system when the system is designed for direct suction. Main drains shall be located in the deepest area of the public swimming pool, special use pool or spa. For pools, the main drains shall be constructed horizontally. For spas, at least one main drain shall be constructed horizontally. In public swimming pools and special use pools the adjacent edges of the drains shall be a minimum of three feet apart and shall be installed in accordance with the following specifications:
(1) Drain covers in any pool eighteen inches in depth or less shall be a minimum of twelve inches by twelve inches in size.
(2) Suction piping shall be designed to pull equally from each drain. Each drain shall have the capacity to handle one hundred per cent of the required recirculation flow with flow velocity not exceeding one and one-half feet per second through the open area of the grate.
(3) If anti-vortex covers are used, the maximum flow velocity through the open area of the covers shall not exceed three feet per second. Flow through an anti-vortex cover shall not exceed the manufacturer’s rated capacity.
(R) Depth markers. Special use pools with zero depth entrances shall have the entrance marked with a sign that says “zero depth.” There shall be a minimum of two markers and spacing shall not exceed twenty-five feet. Letters in the marker shall be at least four inches high. All markers shall be slip resistant.
(S) Vent line. A vent line may be installed on the pump suction line of a wading pool or a special use pool as an alternate to the vacuum limit switch required by paragraph (C)(9) of rule 3701-31-04 of the Administrative Code.
(T) National electric code. The provisions of the latest edition of the “National Electric Code” (NEC) as published by the national fire protection association shall apply to all public swimming pools, public spas, and special use pools.
(U) Slides. All water slides and recreational slides shall have visually designated splash down areas. There shall be a ladder or stairs within the area for egress. The tower shall have a minimum four foot wide deck around the outside. All water slides shall have a switch on the tower platform accessible to the dispatcher that when used will result in an immediate shut-down of the slide pump. The height of a playground slide shall not exceed forty-two inches from the deck to the top of the slide and installation shall be in strict accordance with the manufacturer’s requirements.
(V) Indoor pools.
(1) Doors. All entrances and exits from the pool or spa area shall have doors or gates that are self-closing, self-latching and lockable with the latching mechanism at least forty-five inches above the floor.
(2) Ventilation. Indoor public swimming pools, public spas, and special use pools equipment rooms and chemical storage areas shall be ventilated in accordance with sound engineering practice and the requirements of the Ohio basic building code. In pool areas there shall be a minimum of four complete air changes per hour. Direct air drafts on swimmers shall be avoided. The design shall minimize any possible occurrence of condensation. Humidity shall be controlled within fifty to sixty per cent.
(3) Backwash and drainage sumps. An adequately sized floor sump or oversized drainage standpipe shall be provided to receive back wash and pool drainage flow. This sump or standpipe shall discharge to a sanitary sewer unless otherwise approved by the Ohio environmental protection agency.
(W) Equipment location.
(1) All pumps, filters and other mechanical and electrical equipment for public swimming pools, public spas, and special use pools shall be located in such a manner as to be accessible only to authorized persons and not to bathers. Adequate floor space shall be provided to ensure ease of access and maintenance to each piece of equipment.
(2) Floors shall be designed to provide positive drainage, to avoid any possible drainage into open filters or pump pits and to prevent the accumulation of any standing water.
(3) Lighting intensity shall be a minimum of twenty foot candles on the surface of equipment, controls and switches.
(4) An effective barrier at least thirty-six inches high from the floor or a cover shall be provided for all open filters or pits.
(5) A positive means of ventilation shall be provided for all recessed equipment locations.
Appendix A Recommended Standards For Swimming Pool Design And Operation (1982)
Great lakes-upper mississippi river board of public health and environmental managers
5.6
5.6.1
5.6.2
5.6.3
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MAX. BOARD MAX. DIVING D L-1 L-2 Pool
Height Board Width
Over Water Length
26”(2/3 Meter) 10’ 8’-6” 2’-6” 10’-0” 20’-0”
30”(3/4 Meter) 12 9’-0” 3’-0” 10’-0” 20’-0”
1 Meter 16’ 10’-0” 4’-0” 12’-0” 20’-0”
3 Meter 16’ 12’-0” 6’-0” 12’-0” 24’-0”
Placement of boards shall observe the following minimum dimensions. With multiple board installations minimum pool widths must be increased accordingly.
1 Meter or less board to pool side 10’-0”
3 Meter board to pool side 12’-0”
Distance between adjacent boards 10’-0”
Appendix B 1991 American National Standards for Public Swimming Pools (ANSI/NSP1 – 1)
Minimum Dimensions for Diving Portion of Pools
(This drawing does not show the shallow portion of the pool)
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RELATED DIVING EQUIPMENT
POOL MAX. DIVING MAX. BOARD MINIMUM DIMENSIONS MINIMUM
TYPE BOARD HGT WIDTH OF POOL AT:
LENGTH OVER WATER D
1 D2 R L1 L2 L3 L4 L5 PT. A PT. B PT. C
VIII 16’ 1 Meter (2.59m) (3.05m) (2.13m) (1.22m) (3.05m) (4.57m) (.61m) (9.45m) (6.10m) (6.71m) (6.71m)
8’-6” 10’-0” 7’-0” 4’-0” 10’-0” 15’-0” 2’-0” 31’-0” 20’-0” 22’-0” 22’-0”
IX 16’ 3 Meter (3.35m) (3.65m) (2.59m) (1.83m) (3.20m) (6.40m) (11.43m) (6.70m) (7.32m) (7.32m)
11’-0” 12’-0” 8’-6” 6’-0” 10’-6” 21’-0” 0 37’-6” 22’-0” 24-0” 24’-0”
Note: placement of boards shall observe the following minimum dimensions. With multiple board installations minimum pool widths must be increased accordingly.
3 Meter board to pool side 11’ (3.35m)
1 Meter board or deck level board to 3 Meter board 10’ (3.05m)
3 Meter to another 3 Meter board 10’ (3.05m)
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02
Rule Amplifies: 3749.03, 3749.04, 3749.05
Prior Effective Dates: 1/1/1977, 1/1/91, 1/1/92, 1/1/94, 1/1/99, 6/12/00, 1/1/04
(A) Any person with an obvious infectious wound shall not be permitted by the licensee to use a public swimming pool, public spa, or special use pool. No person who is observed passing feces, urine, or blood into a pool or spa shall be permitted to use the pool or spa. Any person who has been refused entry to or removed from a pool or spa under this paragraph because of an infectious wound may be granted entry upon presentation of a written statement from a physician that the condition is not infectious.
(B) Lifeguards shall be provided by the licensee of a public swimming pool, public spa, or special use pool in accordance with one of the following
(1) The licensee shall comply with the following table:
Number of lifeguards required
Pool or spa surface area (square feet)
Number of 1- 2000- 4000- 6000- 8000- 10,000
Bathers 1999 3999 5999 7999 9999 or more
1-50 0 1 1 2 2 2
51-150 1 2 2 2-3 3-4 3-4
151 or 1 2 3 4 4-5 4-5
*
more
As used in this rule, “bather” means an individual swimming, diving, or bathing in a public swimming pool, public spa, or special use pool. For the purposes of this paragraph and paragraph (E) of this rule, pool or spa surface area shall be calculated based upon the portion of the pool or spa that is available for use by patrons. The licensee of a pool or spa shall use a method approved by the licensor to make a portion of the pool or spa unavailable for use; or
(2) The licensee shall contract with an entity approved by the director to provide administration of an approved lifeguard program.
(C) Special requirements for lifeguards and attendants.
(1) A public swimming pool or special use pool with any slide, which is more than ten feet above the surface of the water, shall have a lifeguard stationed with a clear view and rapid access to any landing area for the slide. If the top of the slide is twenty-five or more feet above the water surface, the lifeguard shall be in addition to any lifeguards required by paragraph (B) of this rule. A dispatch procedure with a dispatching attendant shall be used for all flume, drop, or speed slides to establish spacing between riders in the landing area or while still on the slide. The dispatching attendant shall remain in continual visual or verbal contact with the lifeguard responsible for the landing area.
(2) Notwithstanding any other provisions of this rule, a zero depth or other uniquely designed pool or section of a pool, except access ramps less than six feet in width, with water depth that gradually increases from zero inches to greater than eighteen inches shall be under the observation of at least one lifeguard at all times.
(3) Notwithstanding any other provisions of this rule, any pool with diving boards shall have a lifeguard on duty at all times the board or boards are in use.
(4) A public swimming pool or special use pool with one or more recreational water slides shall have a lifeguard or attendant present in the vicinity of the slide or slides to supervise the use of the slide or slides.
(D) Lifeguards at a public swimming pool, public spa, or special use pool shall:
(1) Be capable swimmers;
(2) Be certified validly and currently by one of the following entities as having completed the specified training successfully:
(a) “American Red Cross” – “Lifeguard Training”;
(b) “YMCA” – “YMCA lifeguard”;
(c) “Boy Scouts of America” – “BSA, Lifeguard” (within the previous three years) or “Aquatic Instructor, BSA” (within the previous three years);
(d) “Ellis and Associates” – “National Pool and Waterpark Lifeguard Training”; or
(e) Any other person, agency, or organization whose training the licensor determines is comparable to the training specified in paragraphs (D)(2)(a) to (D)(2)(d) of this rule;
(3) Possess current valid certification in infant, child and adult cardiopulmonary resuscitation (CPR) from one of the following entities:
(a) “American Red Cross” – CPR for the Professional Rescuer” or successor courses offered by the “American Red Cross”;
(b) “American Heart Association” – Health Care Provider (infant, child and adult);
(c) National Safety Council Course; or
(d) Any other person, agency, or organization whose training the licensor determines is comparable to the training specified in paragraphs (D)(3)(a) and (D)(3)(b) of this rule;
(4) Possess current valid certification from one of the following entities as having completed one of the specified courses successfully:
(a) “American Red Cross” – community First Aid”, or successor courses offered by the “American Red Cross”;
(b) Ohio department of public safety, division of emergency medical services – “Emergency Medical Technician – Basic”; or
(c) Any other person, agency or organization whose training the licensor determines is comparable to the training specified in paragraphs (D)(4)(a) and (D)(4)(b) of this rule;
(5) Be prepared to enter the water at any time while on duty;
(6) Be responsible only for the safety of bathers and individuals on the deck area adjoining the pool or spa and shall not engage in swimmer instruction or coaching while on duty; and
(7) Be similarly attired and readily identifiable by bathers and other lifeguards;
(8) While on duty, have on their person a rescue tube and have a CPR pocket mask at their chair.
(E) Lifeguard chairs. Lifeguard chairs shall be elevated and shall be located in such a manner as to provide a clear, unobstructed view of the pool bottom. The licensee of a public swimming pool or special use pool shall provide lifeguard chairs in accordance with the following table:
Pool Surface Area Minimum Number of
in Square Feet Lifeguard Chairs
2000-4000 1
4001-6000 2
6001-9000 3
9001-12000 4
For pools with a surface area greater than twelve thousand square feet, the licensee shall provide one additional lifeguard chair for each ten thousand square feet or portion thereof above twelve thousand. No lifeguard chairs are required for pools with less than two thousand square feet of pool surface area.
(F) The licensee of each public swimming pool other than a wading pool or spa and the licensee of each special use pool shall provide at least one nontelescopic reach pole twelve feet long with a shepherd’s crook for the pool. For pools without lifeguards, the licensee shall provide a United States coast guard approved Type IV personal flotation device (ring buoy, throw bag, or equivalent throwing device) with one-quarter inch diameter line not less than thirty feet or more than sixty feet in length. For pools that are required to have lifeguards the licensee shall provide at least one rescue tube and CPR pocket mask with one way valve for each lifeguard. Safety equipment shall be readily visible from the pool and be easily accessible.
(G) The licensee of a public swimming pool, public spa, or special use pool shall provide first aid equipment, including a first aid kid, in an accessible location. The first aid kid shall include at least unused disposable gloves and a sufficient supply of materials to stop bleeding and to clean or cover minor cuts and abrasions.
(H) All public swimming pools or special use pools shall have at least one back or spine board. At public swimming pools and special use pools required to have lifeguards these boards shall be equipped with straps and head immobilizers. Complexes of pools that are enclosed within a common perimeter fence or barrier may share a back or spine board.
(I) A telephone shall be available within five hundred feet of each public swimming pool, public spa, and special use pool with a posted list of emergency numbers. The licensee shall ensure that the telephone is available at all times the pool or spa is open for use.
(J) The licensee shall ensure that all chemicals used for the operation of a public swimming pool, public spa, or special use pool shall be stored properly in clearly labeled containers. No chemicals which may present a hazard to the operation of the pool or spa or to its personnel or patrons, such as insecticides, solvents, strong oxidizers, and flammables, shall be stored or used in a way that could present such a hazard.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02
Rule Amplifies: 3749.03, 3749.04, 3749.05
Prior Effective Dates: 1/1/1977, 1/1/91, 1/1/92, 1/1/94, 1/1/99
(A) The licensee of a public swimming pool, public spa, or special use pool shall keep a daily record which shall include a record of all injuries and operational data for the pool or spa. The operational data shall include information about disinfectant residuals in free available chlorine (bromine) and total available chlorine (bromine), pH, temperature, and chemicals added. The data shall be recorded accurately every four hours that a public swimming pool or special use pool is in use on forms prescribed by the director. For pools or spas utilizing automatic chemical controllers, disinfectant residual and pH data may be recorded once every twelve hours. The completed data record forms shall be kept on file by the licensee for not less than six months and shall be made available, upon request, for review by the licensor or the director.
(B) The licensee shall ensure that the water in public swimming pools, public spas, or special use pools is recirculated continuously and that the recirculation equipment is operating twenty-four hours a day during all parts of the year that the pool or spa is in use.
(C) The licensee shall ensure that the water temperature of a public swimming pool or special use pool normally does not exceed ninety degrees Fahrenheit. If a public swimming pool is operated at a water temperature above ninety degrees Fahrenheit continuously for more than twenty-four hours, the pool shall meet the recirculation system design and signage requirements for public spas unless the pool meets both of the following criteria:
(1) The pool is used exclusively for medical or physical therapy purposes; and
(2) The pool meets the water quality standards prescribed by paragraph (B) of rule 3701-31-07 of the Administrative Code.
A special use pool may operate at water temperatures up to ninety-six degrees Fahrenheit with the specific approval of the director.
(D) The licensee shall ensure that the water temperature of a public spa does not exceed one hundred four degrees Fahrenheit. Temperature controls shall not be accessible to the general public. The licensee shall provide a thermometer for monitoring the temperature of the spa.
(E) The licensee shall ensure that public spa water is drained completely to waste at least once every thirty days.
(F) The licensee shall ensure that starting blocks are not accessible or used except when a coach or instructor is physically present and available to observe the use of the starting blocks.
(G) The licensee shall maintain the electrical wiring at a public swimming pool, public spa, or special use pool and the surrounding area in compliance with the provisions of Chapter 4101:2-27 of the Administrative Code that are applicable to swimming pools or spas. Upon request by the licensor, the licensee shall submit to the licensor a written statement by an electrical safety inspector certified under Chapter 3783. of the Revised Code that the wiring complies with the applicable provisions of Chapter 4101:2-27 of the Administrative Code.
(H) The licensee shall provide adequate ventilation for an indoor public swimming pool, public spa, or special use pool and the surrounding area in accordance with the provisions of Chapter 4101:2-47 of the Administrative Code that are applicable to swimming pools or spas. Upon request by the licensor, the licensee shall submit to the licensor a written statement by the building authority having jurisdiction under Chapter 3781. of the Revised Code that the ventilation complies with the applicable provisions of Chapter 4101:2-47 of the Administrative Code.
(I) The licensee shall maintain a public swimming pool, public spa, or special use pool and appurtenant facilities, including toilet and bathhouse facilities, in a clean, safe, and sanitary condition and in good repair at all times when the pool or spa is in use.
(J) The licensee of a public swimming pool, public spa, or special use pool shall ensure that an authorized representative of the licensee who is familiar with the pool equipment is available whenever the pool is open for use to respond to requests for information or assistance by patrons of the pool or spa, the licensor, or the director.
(K) When winterizing a public swimming pool, public spa, or special use pool, the licensee shall ensure that only antifreeze that is non-toxic and does not contain alcohol or ethylene glycol is used.
(L) The licensee shall not operate a public swimming pool, public spa, or special use pool if the grate or other covering for any main drain or other suction outlet is not properly in place and securely fastened, or if the disinfection system is not operable, or there is not a measureable disinfection level.
(M) The licensee shall ensure that operating personnel are trained in the operation of all equipment, procedures for handling, storing and using chemical compounds, procedures for performing and interpreting the required onsite chemical tests and the appropriate emergency procedures.
(N) The licensee shall enforce the sign requirements set forth in paragraph (K) of rule 3701-31-04 of the Administrative Code. The licensee may elect to test user swimming proficiency if the user of a water slide is less than the posted minimum user height.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02
Rule Amplifies: 3749.03, 3749.04, 3749.05
Prior Effective Dates: 1/1/1977, 1/1/91, 1/1/92, 1/1/94, 1/1/99, 1/1/04
(A) Disinfection.
(1) Gas chlorine shall not be used for disinfection in any public swimming pool, public spa, or special use pool.
(2) The licensee of a public swimming pool, public spa, or special use pool shall ensure that the pool or spa is continuously disinfected using a chemical feeding device connected directly to the recirculation system of the pool, or spa, which imparts an easily measured residual of chlorine or bromine. No licensee shall continuously disinfect a pool or spa by means of hand dosing of disinfectant.
(3) The licensee of a public spa shall provide an automatic chemical controller to continually monitor and adjust the level of free chlorine or bromine and the pH level of the water in the spa. As used in this rule, “automatic chemical controller” means equipment that continuously and automatically monitors the biocidal activity [(disinfectant residual or oxidation-reduction potential (ORP)] of the chlorine or bromine in the spa through the use of an ORP sensor to regulate the dosing rate of added disinfectant between the desired set point and the actual measured value. The automatic chemical controller shall also:
(a) Continuously monitor the pH of the water and regulate the dosing rate of adjusting chemicals;
(b) Display the pH and disinfectant residual levels and activate either an audible or visual warning signal in the event of a system malfunction, or in the event that disinfectant residuals or pH levels are not within acceptable limits as set forth in this rule; and
(c) Either be interlocked with the spa recirculation pump, or have an acceptable flow switch to prevent the pumping of chemicals when there is no recirculation flow.
The director shall maintain a list of controllers that meet the requirements of this paragraph.
(4) Disinfectant residuals.
(a) The licensee shall ensure that
The following requirements are maintained.
Minimum residual
PPM
Public swimming pools and
Special use pools
Chlorine 1.0
Bromine 2.0
Public Spas
Chlorine 2.0
Bromine 2.0
The minimum acceptable ORP reading is 650 millivolts
(5) When automatic chemical controllers are used in conjunction with chlorine or bromine at a public swimming pool, public spa, or special use pool, the licensee shall check the disinfectant level manually at least once every twenty-four hours during the parts of the year that the pool or spa is in operation. The manual check shall be performed with a diethyl-p-phenylenediamine (DPD) test kit and the results shall be used to standardize the automatic chemical recorders.
(6) The director or the licensor, depending upon whether plan approval or licensure is at issue, may allow the use of other disinfecting devices or chemicals as secondary disinfection systems for a public swimming pool, public spa, or special use pool as long as the required residual of chlorine or bromine can be measured and maintained. The secondary disinfection system shall not lower the disinfecting strength of the primary disinfectant or otherwise affect the water quality adversely.
(7) The licensee shall provide a DPD test kit for measuring the concentration of chlorine or bromine and a test kit for measuring pH level at each public swimming pool, public spa, or special use pool.
(B) Water quality.
(1) The licensee shall ensure that the water supply for a public swimming pool, public spa, or special use pool meets one of the following requirements:
(a) The water comes from a public water system as defined in rule 3745-81-01 of the Administrative Code; or
(b) The water is pretreated to meet the standards cited in paragraph (B) of rule 3701-31-04 of the Administrative Code as determined by the director.
(2) The licensee of a public swimming pool, public spa, or special use pool shall maintain the water of the pool or spa in an alkaline condition as indicated by a pH of not less than 7.2 and not over 7.8.
(3) The licensee shall maintain the total alkalinity of a public swimming pool, public spa, or special use pool at sixty parts per million or above. The licensee shall not maintain the total alkalinity at such a high level that it impairs the ability of the pool or spa to meet the other required chemical and water clarity parameters prescribed by this rule.
(4) The licensee shall ensure that the cyanuric acid level in a public swimming pool, public spa, or special use pool does not exceed one hundred parts per million. The licensee shall provide a test kit for measuring cyanuric acid levels at each pool or spa using chlorinated cyanurates or in which cyanuric acid is employed for stabilizing.
(5) The licensee shall ensure that the total dissolved solids (TDS) level in a public swimming pool or special use pool does not exceed three thousand parts per million. The licensee shall not maintain TDS at any level that impairs the ability of the pool to meet the water clarity requirement of paragraph (C) of this rule or other water quality parameters prescribed by this rule.
(C) The licensee shall ensure that the water in any public swimming pool or a special use pool has sufficient clarity when in use that a black disc, six inches in diameter, is readily visible when placed on a light field at the deepest point of the pool and is viewed from the pool side.
(D) The licensee shall ensure that the water in a public swimming pool, public spa, or special use pool meets the bacteriological standard set forth in this paragraph. A pool or spa shall be considered to be in violation of the standard if more than fifteen per cent of at least four samples taken in a period of not more than thirty days exceed the standard. Neither the licensor nor the licensee is required to take water samples for bacteriological analysis. The licensor may take samples either on a routine basis or when the licensor has reason to believe that the water in a pool or spa does not meet the bacteriological standard.
The bacteriological standard is.
No positive test (confirmed test) for coliform organisms when the membrane filter (MF/TC) test is used.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3749.02
Rule Amplifies: 3749.03, 3749.04, 3749.05
Prior Effective Dates: 1/1/1977, 1/1/91, 1/1/92, 2/25/94, 1/1/99, 1/1/04
Except as provided in rule 3701-31-03 of the Administrative Code, the licensor, with the approval of the director, may grant a variance from the requirements of rules 3701-31-04 through 3701-31-07 of the Administrative Code that for licensing purposes will not be contrary to the public interest, where a person 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 immediate 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.
R.C. 119.032 review dates: 07/02/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 3701.34
Rule Amplifies: 3749.03, 3749.04, 3749.05
Prior Effective Dates: 1/1/1977, 1/1/94,