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Title 37 | Health-Safety-Morals
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Section 3748.14 | Excepting diagnostic or therapeutic use of radiation.

...This chapter and rules adopted under it shall not be construed to limit the kind and amount of radiation that may be applied intentionally for diagnostic or therapeutic purposes by or under the direction of a licensed physician, dentist, podiatrist, chiropractor, or veterinarian.

Section 3748.15 | Prohibited acts.

...No facility shall violate or fail to comply with any duty imposed by this chapter, fail to pay any administrative penalty assessed in accordance with rules adopted under division (A)(6) of section 3748.05 of the Revised Code, or violate or fail to comply with any valid order issued or rule adopted by the director of health under this chapter. Each day a violation continues is a separate offense.

Section 3748.16 | Facility inspections.

...(A)(1) The director of health shall conduct regular inspections of the facility for the disposal of low-level radioactive waste in accordance with rules adopted under division (J) of section 3748.04 of the Revised Code and, in accordance with those rules, shall provide for at least one resident inspector at the facility. (2) Concentrations of radioactive materials released into the environment during operation, clos...

Section 3748.17 | Notice of violation.

...(A) Whenever the director of health determines that there has been a violation of this chapter or a rule adopted under it, the director shall give written notice to the alleged violator specifying the section of this chapter or rule violated and specifically describing the violation. The notice also shall include information concerning the applicable penalties established under sections 3748.19 and 3748.99 of the Rev...

Section 3748.18 | Prosecution.

...(A) The director of health shall institute proceedings in an appropriate court for any violation of this chapter or rules adopted or orders issued under it, in the manner required by law. (B) In addition to the remedies provided and irrespective of whether or not there exists an adequate remedy at law, the director may apply to the court of common pleas in the county in which a violation of this chapter or rules ado...

Section 3748.19 | Civil penalty.

...If the director of health determines that any facility has violated, is violating, has failed to comply with, or is failing to comply with this chapter or a rule adopted or order issued under it, the director may request in writing that the attorney general bring an action for civil penalties in the court of common pleas of the county in which the alleged violation or failure to comply has occurred or is occurring. U...

Section 3748.20 | Radiation advisory council - appointment - powers and duties.

...(A) The governor, with the advice and consent of the senate, shall appoint a radiation advisory council, which shall consist of the following members: (1) One individual who has recognized ability and credentials in the field of medical radiation physics; (2) One individual who has recognized ability and credentials in the field of health physics; (3) One individual holding the degree of doctor of medicine o...

Section 3748.21 | Nuclear regulatory commission regulated entities.

...This chapter and rules adopted under it do not apply to any person to the extent that the person is subject to regulation by the United States nuclear regulatory commission.

Section 3748.22 | Fees to pay all costs of programs.

...Fees for administrative, regulatory, and enforcement programs established under this chapter shall be sufficient to pay all costs of those programs.

Section 3748.99 | Penalty.

...(A) Except as otherwise provided in division (B) of this section, whoever violates section 3748.15 of the Revised Code is guilty of a misdemeanor and shall be fined not more than one thousand dollars. (B)(1) Except as otherwise provided in division (B)(2) of this section, whoever recklessly violates section 3748.10 of the Revised Code or an order issued under division (B) of section 3748.17 of the Revised Code to en...

Section 3749.01 | Swimming pool definitions.

...As used in sections 3749.01 to 3749.10 of the Revised Code: (A) "Board of health" means a city board of health or a general health district, or an authority having the duties of a city board of health as authorized by section 3709.05 of the Revised Code. (B) "Health district" means any city or general health district created pursuant to section 3709.01 of the Revised Code. (C) "Person" means the state, any poli...

Section 3749.02 | Adoption of rules for public swimming pools, spas and special use pools.

...The director of health shall, subject to Chapter 119. of the Revised Code, adopt rules of general application throughout the state governing the issuance of licenses, approval of plans, layout, construction, sanitation, safety, and operation of public swimming pools, public spas, and special use pools. Such rules shall not be applied to the construction, erection, or manufacture of any building to which sectio...

Section 3749.03 | Approval of plans by director of health.

... (A) No person shall construct or install, or renovate or otherwise substantially alter, a public swimming pool, public spa, or special use pool after September 10, 1987, until the plans for the pool or spa have been submitted to and approved by the director of health. Within thirty days of receipt of the plans, the director shall approve or disapprove them. The plans and approval required under this division do not ...

Section 3749.04 | Annual application for license to operate or maintain pool or spa.

...(A) No person shall operate or maintain a public swimming pool, public spa, or special use pool without a license issued by the licensor having jurisdiction. (B) Every person who intends to operate or maintain an existing public swimming pool, public spa, or special use pool shall, during the month of April of each year, apply to the licensor having jurisdiction for a license to operate the pool or spa. Any p...

Section 3749.05 | Disciplinary actions by licensor of district.

...The licensor of the district in which a public swimming pool, public spa, or special use pool is located may, in accordance with Chapter 119. of the Revised Code, refuse to grant a license or suspend or revoke any license issued to any person for failure to comply with the requirements of Chapter 3749. of the Revised Code and the rules adopted thereunder.

Section 3749.06 | Inspection of public swimming pool, public spa, or special use pool.

...Prior to the issuance of an initial license and annually thereafter, the licensor shall inspect each public swimming pool, public spa, or special use pool in his jurisdiction to determine whether or not the pool or spa is in compliance with Chapter 3749. of the Revised Code and the rules adopted thereunder. A licensor may, as he determines appropriate, inspect a public swimming pool, public spa, or special use pool a...

Section 3749.07 | Annual survey of health districts for compliance.

...(A) The director of health shall annually survey each health district that licenses public swimming pools, public spas, and special-use pools to determine whether or not the health district is in substantial compliance with this chapter and the rules adopted thereunder. If the director determines that a health district is in substantial compliance, he shall place the district on an approved health district li...

Section 3749.08 | Pressure of pool and spa water features.

... (A) The flow rate through a feature nozzle of a water feature, including a fountain or other interactive feature, at a public swimming pool, public spa, or special use pool shall be such as not to harm patrons and shall not exceed twenty feet per second unless justified by the design engineer and by the fountain system manufacturer. (B) The owner of a public swimming pool, public spa, or special use pool shall ens...

Section 3749.09 | Prohibitions - injunctive relief.

...(A) No person shall violate sections 3749.01 to 3749.09 of the Revised Code or any rule adopted thereunder. (B) The prosecuting attorney of the county, the city director of law, or the attorney general, upon complaint of the licensor, shall prosecute to termination or bring an action for injunctive relief, or both, against any person violating sections 3749.01 to 3749.09 of the Revised Code or any rule adopted there...

Section 3749.99 | Penalty.

...Whoever violates division (A) of section 3749.09 of the Revised Code is guilty of a misdemeanor of the fourth degree.

Section 3750.01 | Emergency planning definitions.

...As used in this chapter: (A) "Confidential business information" means the types or categories of information identified in rules adopted under division (B)(1)(h) of section 3750.02 of the Revised Code. (B) "Extremely hazardous substance" means a substance identified or listed by the rules adopted under division (B)(1)(a) or (C)(5) of section 3750.02 of the Revised Code. (C) "Emergency planning district" means an ...

Section 3750.02 | Emergency response commission.

... (A) There is hereby created the emergency response commission consisting of the directors of environmental protection, health, and administrative services, the chairperson of the public utilities commission, the fire marshal, the director of public safety, the director of transportation, the director of natural resources, the superintendent of the highway patrol, and the attorney general as members ex officio, or th...

Section 3750.03 | Designating emergency planning districts.

...(A) The emergency response commission, by resolution, shall designate emergency planning districts to prepare and implement district chemical emergency response and preparedness plans under this chapter. The commission may designate existing political subdivisions or multijurisdictional planning organizations as districts and may revise its designation of districts as it considers necessary or appropriate. At the req...

Section 3750.04 | Chemical emergency response and preparedness plan.

... (A) Within ninety days after the effective date of this section, the local emergency planning committee of each emergency planning district shall prepare and submit to the emergency response commission a chemical emergency response and preparedness plan for the district. The district's plan shall contain all of the following: (1) An identification of each facility within the district that meets either of the follo...

Section 3750.05 | Facilities subject to regulation - emergency coordinator.

...(A) Each facility that has an extremely hazardous substance present in an amount that exceeds the threshold planning quantity for the substance established by rules adopted under division (B)(1)(a) or (C)(5) of section 3750.02 of the Revised Code is subject to this section and section 3750.04 of the Revised Code. Upon the written request of the local emergency planning committee of the emergency planning district in ...