Chapter 3701-35 Marinas

As used in rules 3701-35-01 to 3701-35-08:

(A) “Department” means the Ohio department of health;

(B) “Director” means the director of health or his authorized representative;

(C) “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;

(D) “Boat basin” means any part of an area of water that is equipped to provide mooring space for watercraft;

(E) “Contiguous” means physically sharing an edge or boundary;

(F) “Disposal system” means a system for disposing of sewage, sludge, sludge materials, industrial waste, or other wastes and includes sewerage systems and treatment works;

(G) “Dock” means a structure or platform either parallel or perpendicular to the shoreline designed to provide access to watercraft or an area to secure watercraft;

(H) “Health district” means each city or general health district created by or under authority of Chapter 3709. of the Revised Code;

(I) “Human consumption” means ingestion or absorption of water or water vapor by humans as the result of drinking, cooking, dishwashing, bathing, showering, or oral hygiene;

(J) “Licensee” means the person to whom the licensor issued a currently valid marina license;

(K) “Licensor” means either the board of health of the approved health district, or the director when required under division (B) of section 3733.27 of the Revised Code;

(L) “Marina” means a boat basin that has docks or moorings for seven or more watercraft as defined in section 1547.01 of the Revised Code, “marina” does not include:

(1) Any docks or moorings contiguous to a privately owned residence and used exclusively by the owner and the owner’s guests;

(2) Any dock, mooring, or other area where watercraft are stored or are in storage;

(3) Any dry dock or shipyard where watercraft are being held for maintenance or repairs;

(4) Any boat basin where all of the watercraft moored are row-boats, canoes, pedal boats, or other watercraft propelled by human muscular effort;

(5) Any dock or mooring on inland lakes used by the owner, or guests of the owner, of a private residence located on land that is contiguous to land, owned by this state or an agency or political subdivision of this state, contiguous to the dock or mooring;

(6) Any boat basin located on waters where the watercraft used are normally unsuited for the installation of on-board permanent sanitary systems. “Watercraft normally unsuited for the installation of on-board permanent sanitary systems” includes, but is not limited to rowboats, canoes, pedal boats, watercraft propelled by human muscular effort, catamarans, board-type sailboats, or other personal watercraft.

(M) “Mooring” means that portion of a dock, or any equipment or area, used to secure a watercraft;

(1) For purposes of this rule, one mooring is used to secure an individual watercraft.

(N) “Person” means the state or any political subdivision, special district, public or private corporation, individual, firm, partnership, association, or other entity;

(O) “Public health council” means the public health council as created by section 3701.33 of the Revised Code;

(P) “Sanitary facilities” include rest rooms, water supply, facilities for the pumping of watercraft holding tanks, and those other facilities which ensure the sanitary operation of marinas and the watercraft using them;

(Q) “Sewage” means any liquid waste materials resulting from cooking, washing, and bathing activities or any substance that contains any body waste products from toilets or urinals.

(R) “Sewerage system” means pipelines or conduits, pumping stations, and force mains, and all other constructions, devices, appurtenances, and facilities used for collecting or conducting water-borne sewage, industrial waste, or other wastes to a point of disposal or treatment, but does not include plumbing fixtures, building drains and subdrains, building sewers, and building storm sewers.

R.C. 119.032 review dates: 07/15/2009 and 07/15/2014

Promulgated Under: 119.03

Statutory Authority: 3733.22

Rule Amplifies: 3733.21, 3733.22, 3733.23, 3733.24, 3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30

Prior Effective Dates: 4/5/1975, 6/24/94, 1/1/05

(A) No person shall operate or maintain a marina without a license issued by the board of health of the health district in which such marina is located.

(B) During the month of March, every person proposing to operate an existing marina shall apply for and obtain a license to operate such marina from the board of the health district in which the marina is located. Upon sale or disposition of a marina, a licensee may, upon consent of the licensor, have the license transferred to another person. A license may not be transferred more than once.

(C) Written application for a license shall be submitted to the licensor on an application form prescribed by the director. Each license issued shall be effective from the first day of April, or if issued after April first, from the date the license was issued, through the last day of March of the following year.

(D) Any fee for the license required by this rule shall be determined in accordance with section 3709.09 of the Revised Code.

(1) In determining the amount of the license fee, the health district shall use the categories established by rule 3701-35-021 of the Administrative Code and the cost methodology established by rule 3701-35-022 of the Administrative Code. The license fee shall include forty dollars for each license issued to a marina after December 31, 2004, fifty dollars for each marina license issued after December 31, 2007, and sixty dollars for each marina license issued after December 31, 2009, which shall be collected and transmitted by the health district to the director of health for deposit in the general operations fund created in section 3701.83 of the Revised Code and shall be used by the director to administer and enforce sections 3733.21 to 3733.30 of the Revised Code and this chapter.

(2) The portion of any fee retained by the health district shall be paid into the special fund created by section 3733.25 of the Revised Code in each health district and shall be used only by the board for the purpose of administering and enforcing section 3733.21 to 3733.30 of the Revised Code and this chapter.

HISTORY: Eff 4-5-75; 8-31-90 (Emer.); 12-7-90; 10-31-93; 6-24-94; 12-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3733.22, 3733.25

Rule amplifies: RC 3709.09, 3733.21 to 3733.30

R.C. 119.032 review dates: 06/04/2004 and 08/01/2009

(A) The license fees established by a board of health of a city or general health district pursuant to section 3709.09 of the Revised Code for marinas shall be based on the total number of moorings available for use at the marina in accordance with the following categories:

TOTAL NUMBER OF MOORINGS

7 – 24

25 – 59

60 – 149

150 – 299

300 – 499

500 OR MORE

(B) In addition to the fees established by a city or general health district under paragraph (A) of this rule, a board of health of a city or general health district may specify fees for the collection and bacteriological examination of any necessary water samples taken from a marina.

R.C. 119.032 review dates: 07/15/2009 and 07/15/2014

Promulgated Under: 119.03

Statutory Authority: 3733.22, 3709.09

Rule Amplifies: 3733.21, 3733.22, 3733.23, 3733.24, 3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30, 3709.09

Prior Effective Dates: 8/31/90 (Emer.), 12/7/90, 6/24/94

(A) The actual cost to a city or general health district of maintaining the marina 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 marina program;

(2) The percentage of time worked in the marina 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 marina 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 marina 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 marina 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 marina program. The wages or salaries and fringe benefits of inspecting sanitarians attributable to the marina 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 marina program; and

(7) The laboratory costs for the marina program.

(B) The costs for the marina 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 marina 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 marina 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 marina program.

R.C. 119.032 review dates: 08/09/2004 and 08/01/2009

Promulgated Under: 119.03

Statutory Authority: 3733.22, 3709.09

Rule Amplifies: 3733.21 to 3733.30, 3709.09

Prior Effective Dates: 8/31/1990 (Emer.), 12/7/90, 9/1/99, 8/1/2004

(A) No person shall:

(1) Construct a marina unless the director has approved detailed plans for the proposed sanitary facilities as being adequate;

(2) Alter the sanitary facilities of a marina unless the director has approved detailed plans for the alterations as providing adequate sanitary facilities;

(3) Allow a substantial increase in the size or number of watercraft using the marina unless the director has approved the plans for such increase. A substantial increase means that the size or number of watercraft using the marina increases to the extent that existing sanitary facilities no longer satisfy rules 3701-35-04 and 3701-35-05 of the Administrative Code.

(B) As used in this rule: “plans” means the specifications that are required to be submitted to the director by paragraphs (E) and (F) of this rule and any additional information requested by the director for purposes of determining whether the marina will meet the requirements of this chapter.

(C) The plans shall be submitted to the director at least sixty days before construction, alteration or substantial increase begins. The director shall make a determination regarding approval of each set of plans within sixty days of receiving said plans.

(D) 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, alteration, or substantial increase but has failed to complete it for reasons beyond the applicant’s control. A written request for an extension shall be filed with the director before the expiration of the two-year period. If the construction, installation, or 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 (E) and (F) of this rule.

(E) Plans submitted to the director for review shall include the following items:

(1) Four complete sets of specifications, as required by paragraph (F) of this rule; and

(2) Four copies of a completed application for plan review on a form prescribed by the director, signed and dated by the owner and the designer.

(F) Specifications for all new or altered marinas shall include:

(1) A vicinity map showing the general location of the project;

(2) A plot plan of the marina including layout and associated areas, the location of the dock(s), and the location and number of moorings;

(3) Marina buildings, structures, and internal street systems;

(4) Detail of a typical water and hookup;

(5) Written verification that the plans for any associated structures or other work, including electrical or plumbing, have been approved in accordance with the Ohio building code;

(6) Written verification that the plans for the sanitary sewerage system and any public water system have been approved by the Ohio environmental protection agency;

(7) Written verification that the plans for any private water system have been approved by the local board of health;

(8) Location and specification for any sewage pumpout facility; and

(9) Location and number of water closets including layout of any toilet and shower facilities; and

(10) The method of storage and collection of solid wastes.

(G) Plan approval by the director does not constitute an exemption from land use and building requirements of the political subdivision or other local jurisdiction in which the marina is located or planned to be located.

(H) If plans submitted to the director are incomplete, the director may request additional information or may return the incomplete plans without review to the person who submitted the plans. However, within thirty days after receipt of the additional information requested or receipt of complete plans which comply with paragraph 3701-35-03 2 (E) of this rule, the director shall approve or disapprove the plans.

(I) The director may disapprove plans if:

(1) The person submitting plans for review fails to comply with any requirements of sections 3733.21 to 3733.30 of the Revised Code or this chapter; or

(2) The plans submitted for review do not comply with the requirements of paragraph (E) of this rule or the person submitting incomplete plans fails to respond to the director’s request for additional information.

R.C. 119.032 review dates: 07/15/2009 and 07/15/2014

Promulgated Under: 119.03

Statutory Authority: 3733.22

Rule Amplifies: 3733.22

Prior Effective Dates: 4/5/1975, 6/24/94, 1/1/05

(A) The marina shall be developed in such a manner that all marina facilities required in rules 3701-35-04 to 3701-35-06 of the Administrative Code are protected from inundation or unusual erosion and will remain functional regardless of usual fluctuations of the marina water level during the boating season.

(B) A water supply for human consumption, if provided, shall comply with the following:

(1) If the water system has fifteen or more service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days in a one year period, meet the standards for public water systems as defined in rule 3745-81-01 of the Administrative Code;

(2) If the water system has fewer than fifteen service connections and does not regularly serve an average of at least twenty-five individuals daily at least sixty days in a one year period, meet the standards for private water systems as defined in rule 3701-28-01 of the Administrative Code;

(3) All fittings, lines, and hydrants shall be designed, installed and maintained to prevent the possibility of contamination or cross connection in accordance with Chapters 3745-95 and 4101:3-1 of the Administrative Code;

(4) The water distribution system, including dock or mooring hookups if provided, shall include the following:

(a) An “American Society of Sanitary Engineers (A.S.S.E.) No. 1013” or equivalent backflow prevention device installed on the main water line upstream of all docks and moorings to isolate the docking area from any other service use; and

(b) An A.S.S.E. No. 1011 or equivalent vacuum breaker:

(i) Hoses with hose bibs using an A.S.S.E. No. 1011 vacuum breaker shall be stored out of the water and disconnected from the hose bib when not in use;

(ii) The use of nozzles, sprayers or other attachments to a hose associated with an A.S.S.E. No. 1011 vacuum breaker are prohibited; or

(c) An A.S.S.E. No. 1024 or equivalent vacuum breaker:

(i) On threaded dock or mooring outlets, particularly those with hoses under continuous pressure;

(ii) When a direct connection is made to the water supply between a dock or mooring outlet and fixtures within the watercraft;

(iii) For all new water hookups, and for existing vacuum breakers that are replaced.

(iv) An A.S.S.E. No. 1052 vacuum breaker may be substituted for an A.S.S.E. No. 1024 device only on applications where there is less than fifteen feet elevation between the backflow prevention device and the point of discharge.

(5) Within five years of the effective date of this rule, all A.S.S.E. No. 1011 vacuum breakers shall be replaced in accordance with paragraph (B)(4)(c) of this rule.

(6) Whenever backflow prevention devices are installed in the water distribution system, they shall be installed and maintained in accordance with Chapter 4101:3-1 of the Administrative Code.

(C) Any water line or hose provided at a sewage pump-out facility or other waste dumping facility where the line or hose is used primarily for flushing and cleansing shall include backflow protection consisting of an A.S.S.E. No. 1024, or an equivalent vacuum breaker on all threaded outlets, and shall be labeled as unsafe for human consumption. If the water line or hose is connected to a potable source, a properly installed A.S.S.E. No. 1013 backflow prevention device shall be required.

(D) Rest room facilities, including portable toilets, shall be maintained in a safe and sanitary condition, and shall comply with the following:

(1) Water closets and urinals shall be available for both men and women within five hundred feet from the farthest mooring at the marina according to the following schedule:

Number of moorings Urinals Water closets Men Water closets Women

7 – 25 1 1 1

26 – 59 1 1 2

60 – 149 2 2 3

150 or more Add 1 per 100 Add 1 per 100 Add 1 per 100

The licensor may allow rest room facilities to be located more than five hundred feet from the farthest mooring at the marina if the docking facilities extend more than five hundred feet offshore. The licensor, as deemed necessary, may require additional water closets and/or urinals to assure adequate rest room facilities.

(2) A handwashing facility shall be supplied with potable water, detergent or soap, and approved drying facilities, or hand sanitizer.

(3) A shower facility, if provided, shall be supplied with potable water for human consumption;

(4) All plumbing shall be free of leaks and stoppages and shall not create a nuisance. New plumbing shall be installed according to Chapter 4101:3-1 of the Administrative Code.

R.C. 119.032 review dates: 07/15/2009 and 07/15/2014

Promulgated Under: 119.03

Statutory Authority: 3733.22

Rule Amplifies: 3733.21, 3733.22, 3733.23, 3733.24, 3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30

Prior Effective Dates: 4/5/1975, 6/24/94, 1/1/05

(A) The licensee shall provide sewage disposal facilities to properly dispose of all sewage generated at the marina. The sewerage system shall be constructed, operated and maintained in accordance with Chapter 6111. of the Revised Code and the applicable standards of the Ohio environmental protection agency. The licensee shall not construct a sewerage system without first obtaining a permit from the director of the Ohio environmental protection agency pursuant to section 6111.44 of the Revised Code.

(B) The licensee shall provide leakproof solid waste containers with effective covers conveniently throughout the marina for storage of solid waste prior to disposal. Containers shall be emptied and cleaned at least once weekly or more frequently if necessary to prevent a nuisance.

(C) The licensee shall provide for the proper storage and disposal of other wastes generated at the marina including, but not limited to, motor oil, antifreeze, and lead-acid batteries in accordance with the applicable standards of the fire authority with jurisdiction and the Ohio environmental protection agency.

(D) The licensee of a marina which provides dockage for watercraft with permanently installed sewage holding tanks shall provide a sewage pump-out facility.

(E) The director may grant a variance from the requirements of paragraph (D) of rule 3701-35-05 of the Administrative Code, if not contrary to the public interest, when the licensor and licensee petition the director for such a variance and demonstrate that a pump-out facility is unnecessary at that marina due to available pump-outs in the immediate area and that installation of a pump-out facility would cause unusual hardship. However, no variance shall be granted which will defeat the spirit and general intent of rules 3701-35-01 to 3701-35-08 of the Administrative Code or otherwise not be in the public interest.

R.C. 119.032 review dates: 07/15/2009 and 07/15/2014

Promulgated Under: 119.03

Statutory Authority: 3733.22

Rule Amplifies: 3733.21, 3733.22, 3733.23, 3733.24, 3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30

Prior Effective Dates: 4/5/1975, 6/24/94, 1/1/05

(A) The licensee shall be responsible for cleaning, repairing, and maintaining all marina facilities, including any installed playground equipment, so that they do not present a health or safety hazard.

(B) The licensee shall provide and maintain fire prevention and fire fighting equipment in a manner approved by the fire authority with jurisdiction.

(C) Electrical requirements.

(1) The licensee shall install and maintain the electrical distribution system and all associated components at a marina in compliance with the applicable provisions of the Ohio Building Code.

(2) When, in the opinion of the licensor, an electrical hazard exists at the marina the licensee shall, upon request, submit to the licensor a written statement by a licensed electrical contractor certified under Chapter 4740 of the Revised Code that there is no violation with the applicable provisions of the Ohio Building Code.

(D) The licensee shall ensure that there are no overhead lines present in marina docking or launching areas which could present a hazard to high masted watercraft.

(E) The licensee shall ensure that water safety equipment, including United States coast guard approved buoyant throwing devices, reach poles, throw lines, and similar items are available and easily accessible within the marina area for emergency use.

(F) The licensee shall provide and maintain first aid equipment, including a first aid kit, in an accessible location within the marina area. The first aid kit shall include unused disposable gloves and a sufficient supply of materials to stop bleeding and to clean or cover minor cuts and abrasions.

(G) The licensee shall provide a telephone or directions to a telephone which is easily accessible to the marina area. A posted list of telephone numbers for emergency services including the police or sheriff’s department, fire department, and coast guard or division of watercraft shall be provided at the marina.

(H) Illumination shall be provided throughout the marina in sufficient intensity to make all docks, buildings, walkways, ladders, and other obstructions reasonably visible.

(I) No swimming shall be permitted at the marina except in designated areas approved and authorized by the licensor.

R.C. 119.032 review dates: 07/15/2009 and 07/15/2014

Promulgated Under: 119.03

Statutory Authority: 3733.22

Rule Amplifies: 3733.21, 3733.22, 3733.23, 3733.24, 3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30

Prior Effective Dates: 4/5/1975, 6/24/94, 1/1/05

The licensee shall keep insect and rodent vectors controlled in such a manner that they do not create a nuisance. Use of pesticides at a marina shall be in strict compliance, as determined by the Ohio department of agriculture, with Chapter 921 of the Revised Code and the rules adopted thereunder.

R.C. 119.032 review dates: 07/15/2009 and 07/15/2014

Promulgated Under: 119.03

Statutory Authority: 3733.22

Rule Amplifies: 3733.21, 3733.22, 3733.23, 3733.24, 3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30

Prior Effective Dates: 4/5/1975, 6/24/94, 1/1/05

(A) No person shall allow pets to run freely within the marina area. The maintenance of any pet areas shall be the responsibility of the licensee.

(B) All animal bites occurring at the marina shall be reported by the licensee to the licensor as soon as possible. The licensee shall obtain information regarding the animal and the animal’s owner, if applicable.

(C) It shall be the responsibility of the licensee to control and abate all nuisances caused by or occurring within the marina.

R.C. 119.032 review dates: 07/15/2009 and 07/15/2014

Promulgated Under: 119.03

Statutory Authority: 3733.22

Rule Amplifies: 3733.21, 3733.22, 3733.23, 3733.24, 3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30

Prior Effective Dates: 4/5/1975. 6/24/94, 1/1/05