3701-35-03 Approval of plans.

(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