(A) In addition to the exemptions noted
in section 1521.062 of the Revised Code, the following classes of dams and
levees are hereby exempt from sections 1521.062 of the Revised Code and the
rules and regulations adopted pursuant thereto:
(1) Dams and levees
constructed or inspected by the United States army corps of
engineers.
(2) Dams placed by the
chief in class IV under rule 1501:21-13-01 of the Administrative
Code.
(3) Levees placed by the
chief in class III under rule 1501:21-13-09 of the Administrative
Code.
(4) Dams placed by the
chief in class III under rule 1501:21-13-01 of the Administrative Code,
provided that the continued operation and use of, and any rupturing of or other
structural damage to the dam will not constitute a hazard to life, health, or
property as defined under paragraphs (A)(1) to (A)(3) of rule 1501:21-13-01 of
the Administrative Code.
(B) Dams and levees of any class may be exempted from inspection
under section 1521.064 of the Revised Code if the continued operation and use
of, and any rupturing of or other structural damage to, the dams and levees
will not constitute a hazard to life, health, or property.
(1) The following
procedure shall be used for applying for an inspection exemption under section
1521.064 of the Revised Code.
(a) The owner of the dam or levee will submit a letter to the
chief requesting an exemption under section 1521.064 of the Revised
Code.
(b) The owner will also provide a map showing the location of the
dam or levee.
(c) The chief may require submittal of documentation verifying
that no person, structure or facility will be damaged by failure of the dam or
levee. This documentation may include but not be limited to inundation maps,
dam break studies and other calculations and information as deemed necessary by
the chief.
(d) The owner will submit a written certification that they
accept liability for any injury, death, or loss to persons or property caused
by the rupturing of or other structural damage to the dam or levee. This
liability certification is not transferable. If the ownership of the dam or
levee changes, the new owner will submit a new liability certification to
continue the exemption.
(2) The dam or levee shall meet the
following standards before it can be exempted under section 1521.064 of the
Revised Code.
(a) A dam shall have sufficient discharge/storage capacity to
pass the one-hundred-year flood, or other design flood as deemed appropriate by
the chief, safely through the appurtenant spillway system.
(b) The dam or levee shall be in a condition sufficient to
reasonably assure its continued operation and meet all requirements deemed
necessary by the chief.
(c) The chief may require the dam or levee to have an approved
operation, maintenance and inspection manual and an emergency action
plan.
(3) In order to maintain the exemption,
the chief will review the status of the dam or levee on an annual basis. The
review will follow this procedure.
(a) The owner will submit a notice to the chief certifying that
the downstream hazard of the dam or levee has not changed. This notice will be
due to the chief by June thirtieth of each year.
(b) The owner shall maintain the dam or levee in good condition
and must be demonstrated to the satisfaction of the chief.
(c) The owner will submit notification to the chief of a change
in ownership of the dam or levee.
(d) The chief may make periodic investigations to verify the
exemption status.
(e) If any fact becomes apparent to indicate that the hazard of
the dam or levee has changed or that the dam or levee is no longer in good
condition, the chief will rescind the exemption and classify the dam or levee
based on rule 1501:21-13-01 of the Administrative Code.
