3701-35-01 Definitions.

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