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Ohio Laws and Rules
(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issue a license to the proposed new licensee even though the previous license for the pool or spa has not expired or been revoked.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