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Title 37 | Health-Safety-Morals
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Section 3748.07 | Applying for license or certificate of registration.

... (A) Except as provided in division (G) of this section, every facility that proposes to handle radioactive material or radiation-generating equipment for which licensure or registration, respectively, by its handler is required shall apply in writing to the director of health on forms prescribed and provided by the director for licensure or registration. Terms and conditions of licenses and certificates of registrat...

Section 3748.10 | Prohibiting treatment, recycling, storing or disposal of waste except at licensed facility.

...(A) As used in this section, "person" means any legal entity defined as a person under section 1.59 of the Revised Code, the state or any agency of the state, any political subdivision or agency of a political subdivision, and the United States or any agency or instrumentality of the United States other than the United States department of energy or the United States nuclear regulatory commission where state re...

Section 3748.11 | Compliance with rules.

...(A) A facility that is licensed under this chapter and rules adopted under it, including a facility that is licensed for the disposal of low-level radioactive waste, shall comply with all applicable rules adopted under division (I) of section 3748.04 of the Revised Code governing closure, decontamination, decommissioning, reclamation, and long-term surveillance and care of its licensed activity. (B) Unless there is ...

Section 3748.12 | Certifying radiation experts.

... (A) Except as provided in division (C) of this section, the director of health shall certify radiation experts pursuant to rules adopted under division (C) of section 3748.04 of the Revised Code. The director shall issue a certificate to each person certified under this section. An individual certified by the director is qualified to develop, provide periodic review of, and conduct audits of the quality assurance pr...

Section 3748.121 | Effect of child support default on certificate.

... On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of health shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate issued pursuant to section 3748.12 of the Revised Code.

Section 3748.13 | Inspections.

... (A) The director of health shall inspect sources of radiation for which licensure or registration by the handler is required, and the sources' shielding and surroundings, according to the schedule established in rules adopted under division (D) of section 3748.04 of the Revised Code. In accordance with rules adopted under section 3748.04 of the Revised Code, the director shall inspect all records and operating proce...

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...