LAW
Writer®
Ohio Laws and Rules
(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