3701-31-03 Plan approval.

(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.

(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