3701-31-01 Definitions.

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.

(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